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Ikarini Dani Widiyanti
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Journal : Taruna Law

A Crowdfunding sebagai Instrumen Investasi Baru: Analisis Yuridis terhadap Perlindungan Investor di Indonesia Andrano, Romeo Andrano; Ikarini Dani Widiyanti; Pratiwi Pusphito Andini
TarunaLaw: Journal of Law and Syariah Vol. 4 No. 1 (2026): January
Publisher : Sekolah Tinggi Agama Islam Taruna Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54298/tarunalaw.v4i1.641

Abstract

This study aims to analyze the legal protection of investors in crowdfunding as a new investment instrument in Indonesia. The rapid growth of financial technology has introduced crowdfunding platforms as alternative financing and investment schemes beyond conventional capital markets. However, this development raises legal risks for investors, including information asymmetry, potential fraud, and default by issuers. This research uses a normative juridical method with statutory and conceptual approaches, supported by comparative studies with international practices. The results indicate that the Indonesian regulatory framework, mainly the Financial Services Authority Regulation (POJK) No. 57/POJK.04/2020, has provided preventive protection through licensing requirements, disclosure obligations, and monitoring mechanisms. Nonetheless, repressive protection mechanisms remain limited, particularly regarding dispute resolution and liability of platform providers. This study concludes that while crowdfunding is a promising instrument for democratizing investment, legal certainty and investor protection need to be strengthened by expanding OJK’s supervisory role and harmonizing crowdfunding regulations with capital market and company law.
Tanggung Jawab Negara dalam Menjamin Keberlanjutan Investasi Berbasis Prinsip Environmental Social and Governance muhammad, jadwa najwan; Ikarini Dani Widiyanti; Pratiwi Puspitho Andini
TarunaLaw: Journal of Law and Syariah Vol. 4 No. 1 (2026): January
Publisher : Sekolah Tinggi Agama Islam Taruna Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54298/tarunalaw.v4i1.640

Abstract

This study examines the role of the state in ensuring sustainable investment through the integration of Environmental, Social, and Governance (ESG) principles within the Indonesian legal framework. The research aims to analyze how national regulations accommodate the balance between investment protection and the responsibility of the state to safeguard environmental and social interests. Using a normative juridical method with a statutory and conceptual approach, this article explores primary sources of law such as the Investment Law, the Omnibus Law on Job Creation, and international investment agreements, supported by secondary sources including scholarly articles and institutional reports. The findings show that while Indonesia has introduced several regulatory instruments related to sustainability, the implementation of ESG principlesremains fragmented and lacks strong enforcement mechanisms. Comparative analysis with other jurisdictions highlights the urgency for Indonesia to harmonize its legal system with global ESG standards to enhance investment attractiveness while maintaining social justice and environmental protection. The study concludes that strengthening ESG-based regulations and monitoring mechanisms is crucial for the state’s responsibility in guaranteeing sustainable investment.