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Mukti, Robby Teja
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Humanities Law, Crime, Criminology & Criminal Justice

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Tindak Pidana Penipuan Multi-Level Marketing (MLM): Studi Komparatif KUHP dan UU Perlindungan Konsumen Sudawan, Muhammad Yuda; Mukti, Robby Teja; Al-Huda , Mukhlis
Postulat Vol 3 No 2 (2025): Vol. 3 No. 2 (2025): POSTULAT: Journal of Law
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/postulat.v3i2.2139

Abstract

This research analyzes the criminal act of fraud within Multi-Level Marketing (MLM) schemes through a comparative study between the Indonesian Criminal Code (KUHP) and Law No. 8 of 1999 concerning Consumer Protection (UUPK). MLM as a modern marketing strategy is often misused by pyramid scheme practices that focus on recruiting new members and harming the public. The criminal law framework through the KUHP and consumer protection through the UUPK play roles in addressing MLM-related fraud but face implementation challenges. This research also highlights weaknesses in the Trade Law regarding the definition of pyramid schemes that can be exploited. This study employs a qualitative approach with a normative legal framework, analyzing primary data (laws and regulations) and secondary data (legal literature). Qualitative analysis indicates that the KUHP (Article 378) is effective in prosecuting individual perpetrators by proving fraudulent intent, while the UUPK provides broader protection against misleading business practices and advertising by business actors, as well as providing compensation mechanisms for consumers. The KUHP and UUPK are complementary, but the structural eradication of pyramid schemes is hampered by definitional loopholes in the Trade Law. Revisions to trade regulations and enhanced coordination in law enforcement and public literacy are needed to comprehensively address this issue.
Analisis Kontrak Perbankan dalam Perspektif Hukum Perdata (Studi Kasus Penerapan Hak dan Kewajiban Debitur dalam Kontrak Perbankan di Bank Panin) Nurdiansyah, Nurdiansyah; Jadidah, Fikrotul; Mukti, Robby Teja
Postulat Vol 2 No 2 (2024): POSTULAT: Jurnal Ilmu Hukum
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/postulat.v2i2.1671

Abstract

In the perspective of civil law, this contract plays an important role as it contains the elements of an agreement regulated by the Indonesian Civil Code (KUHPerdata). An analysis of banking contracts is necessary to ensure compliance with applicable laws, avoid potential disputes, and protect the rights of debtors. The rights and obligations of customers in banking contracts may vary depending on the type of product or service agreed upon. The research problem formulated in this study is how the principles of civil law regulate banking contracts and how the rights and obligations of debtors are applied in banking contracts at PANIN BANK. The research method used is normative with a regulatory approach. The results of the study show that in banking law, several principles are recognized, namely the principle of trust, the principle of prudence, the principle of confidentiality, and the principle of knowing your customer. The principle of trust is regulated in Article 29 paragraph (4) of Law No. 10 of 1998 concerning Amendments to Law No. 7 of 1992 on Banking, which states that for the benefit of debtors, banks are obliged to provide information regarding potential risks of loss related to customer transactions conducted through the bank. To gain confidence in its debtors, PANIN BANK conducts a financing assessment. The criteria for financing assessment at PANIN BANK are carried out by analyzing the 5C principles (Collateral, Character, Capital, Capacity, Condition).
Co-Authors Al-Huda , Mukhlis Jadidah, Fikrotul Nurdiansyah Nurdiansyah Sudawan, Muhammad Yuda