JURNAL LITIGASI (e-Journal)
Vol 18 No 2 (2017)

PENYALAHGUNAAN KEADAAN (UNDUE INFLUENCE) DAN PELANGGARAN PRINSIP UTMOST GOODFAITH DALAM PRAKTIK INVESTASI SKEMA PIRAMIDA

Tuti Rastuti (Unknown)
Rd. Dewi Asri Yustia (Fakultas Hukum Universitas Pasundan Bandung)
Utari Dewi Fatimah (Fakultas Hukum Universitas Pasundan Bandung)



Article Info

Publish Date
14 Nov 2019

Abstract

Pyramid schemes are strictly prohibited by Law No. 7 of 2014 on Commerce in Article 9, but the practice of this business scheme continues to grow. People are often fooled by lucrative offers. The offer is often packed in the form of fraud and undue influence. The weakness of the Civil Code as a legal umbrella guarding the process of investing agreement is alleged to be the factor of not offering the bidder to do this pyramid scheme marketing strategy. Only Article 1321 Civil Code can be used as a legal backlash against undue influence, while the legal aspects arising from business investment pyramid schemes are so complex. This study focuses on the study of the undetermined forms undertaken by offerors on offeree in pyramid scheme business investment practices, as well as reviewing legal aspects arising from abuse of circumstances, and reviewing the legal responsibilities of offerors in practice business investment pyramid scheme. Using the juridical-empirical approach method and the research specification is analytical descriptive, then analyzed by qualitative juridical, the research results show that, in practice pyramid scheme various forms of undue influence on offeree, partly because of economic condition, psychological condition, and livinglaw values, such as communal values ​​and mutual cooperation, and trust factors. Initially simple from abuse of circumstances when the bidding process, but raises multi-faceted law, covering aspects of civil law, aspects of criminal law, and economic laws. From multi aspects of the law that arise then lead to convergence of legal responsibility for the offeror. Keywords: Undue Influence, Pyramid Scheme.

Copyrights © 2017






Journal Info

Abbrev

litigasi

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

JURNAL LITIGASI (e-Journal) is a peer-review journal with vision to develop law and harmony between Indonesian positive law and the reality in the society. JURNAL LITIGASI (e-Journal) aims to 1. Actively participate in national development and reformation of law; 2. Take part in educating higher ...