Criminal Law Protection Against Illegal Investment Entities in Indonesia

Abstract

The Investment Alert Task Force re-released the latest list of fraudulent investments in September 2020. At least, there were 99 illegal foreign and domestic investments that were included in the list. A total of 99 illegal investments are suspected of carrying out business activities without permission from the competent authority. These entities are considered to have the potential to harm the public because they commit fraud by offering very high and unreasonable returns. The formulation of the problem raised in this study is about the rise of illegal domestic investment crimes that duplicate business activities on behalf of officially licensed entities in Indonesia. In this research, the paradigm used is post-positivism paradigm. The post-positivism paradigm wants to prove that everything is based on reality that can be built based on experience, observation, researchers are neutral towards the object of research, even though the researcher holding this paradigm remains neutral towards the object of research, he wants to examine what actually happened from the things that happened. as if it was certain. The results of the study describe the modus operandi of domestic investment and foreign investment regulations based on Law Number 25 of 2007 concerning Investment and the reformulation of some clauses through the omnibus law of the Job Creation Act No. 11 of 2020. Rearrangement of investment regulations is expected to provide legal certainty from the perspective of regulation and legal protection from the perspective of law enforcement. In conclusion, the Financial Services Authority Investment Alert Task Force is needed, which is a combination of various law enforcement teams, must closely monitor the business activities of God's foreign capital investment in Indonesia and provide legal protection for investors who legally conduct business activities in Indonesia.

Keywords: Crime, Foreign Capital Investment, Omnibus Law, Investment Alert Task Force.

DOI: 10.7176/JLPG/115-01

Publication date: November 30^th 2021