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ANALISIS YURIDIS SECURITIES CROWD FUNDING DALAM PERSPEKTIF UNDANG-UNDANG PENANAMAN MODAL DAN UNDANG-UNDANG PASAR MODAL Fajrina, Yuni; Wibisono, Arief; Kusnowibowo, Ahmad Saleh
Jurnal Ilmiah Global Education Vol. 4 No. 4 (2023): JURNAL ILMIAH GLOBAL EDUCATION, Volume 4 Nomor 4, Desember 2023
Publisher : LPPM Institut Pendidikan Nusantara Global

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55681/jige.v4i4.1416

Abstract

Technology-based fundraising or crowdfunding has become a popular trend in corporate funding thanks to the development of the internet. This research uses a normative juridical method by examining library materials to analyze legal protection in crowdfunding services based on the Investment Law and the Capital Market Law. The results showed that legal protection of crowdfunding activities has not been maximized. There is legal uncertainty regarding OJK regulations that are responsible for losses due to third party errors. There needs to be more detailed rules regarding liability in this case. In addition, the current legal structure in the crowdfunding activity platform is considered not clear enough in risk reduction and loss prevention for users. The lack of information due to the low level of knowledge of the Indonesian people about crowdfunding is also a challenge in efforts to protect actors and users from the risks of this activity. Nevertheless, crowdfunding activities have great potential in improving the Indonesian economy after the recession due to the Covid-19 pandemic
Legal Certainty of Indonesia's Nickel Downstream Policy Due to the European Union's Lawsuit at the WTO Christwan, Christwan; Kusnowibowo, Ahmad Saleh
Jurnal Indonesia Sosial Sains Vol. 5 No. 11 (2024): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v5i11.1513

Abstract

Indonesia's nickel downstreaming policy, which prohibits the export of nickel ore with a grade of <1.7%, aims to increase added value and support national development. However, the European Union views this policy as a violation of the General Agreement on Tariffs and Trade (GATT) 1994, leading to a lawsuit at the World Trade Organization (WTO) in 2021. This research employs a normative-descriptive method to analyze the dispute settlement process at the WTO, the impacts of the downstreaming policy for Indonesia, and its prospects for legal certainty in the future. The findings indicate that Indonesia lost at the panel level because the policy was deemed inconsistent with Article XI:1 of the GATT, although an appeal was filed in 2022. Despite legal and diplomatic challenges, downstreaming remains a key strategy to enhance Indonesia's economy. In conclusion, this policy must be refined through strengthening domestic industrial capacity and harmonizing regulations with international standards.