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THE ROLES of OTORITAS JASA KEUANGAN to OVERCOME FICTIVE INVESTMENT BENGKULU CITY Herawan Sauni Dimas Dwi Arso Faculty of Law

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THE ROLES of OTORITAS JASA KEUANGAN to OVERCOME FICTIVE INVESTMENT BENGKULU CITY Herawan Sauni Dimas Dwi Arso Faculty of Law UBELAJ, Volume 3 Number 1, April 2018 | 41 THE ROLES OF OTORITAS JASA KEUANGAN TO OVERCOME FICTIVE INVESTMENT BENGKULU CITY Herawan Sauni1 Dimas Dwi Arso2 Faculty of Law Bengkulu University 1Email : [email protected] 2Email : [email protected] ABSTRACT This research is purpose to know the role of Otoritas Jasa Keuangan in overcome fictitious investment in Bengkulu city and To know the efforts of Otoritas Jasa Keuangan to protect the consumers that take fictitious investment in Bengkulu city. This research uses empirical approach, that is research in the place by using interviews to get answers about the role of Otoritas Jasa Keuangan to overcome fictitious investment in Bengkulu city and the efforts of Otoritas Jasa Keuangan to protect consumers that has done fictitious investment in Bengkulu City. This research uses two types of data,that is primary data and secondary data. Then, its data to be analyzed in a research report that is qualitative descriptive. The results of the research is the role of Otoritas Jasa Keuangan to overcome fictitious investment in Bengkulu City that is preventive and repressive efforts. The preventive efforts for example to socializing and educating people to alert investment and coordinating with law enforcers and other regulators. The repressive efforts, for example set up an Alert Investment task force in every area. Then the efforts of Otoritas Jasa Keuangan to protect consumers that have fictitious investment in Bengkulu City is regulated in POJK Number 1 / POJK.07 / 2013 about Perlindungan Konsumen Sektor Jasa Keuangan. Keyword :OJK, Fictive Investment, Protection. Introduction not certain. Such an assumption may arise At the time, the citizen seems to be because of the risks to be faced when competing in investing, but not all investing. Few people dare to invest if they institutions that raise funds from the citizen see a big risk in investing. It is natural to can be trusted as a place to safe invest. As it have by everyone. because they feel they is known that investment is an activity have been collecting money with difficulty undertaken in depositing or incorporating just to give to something risky. funds or money and capital to expect the Investment risks that need to be benefits gained. attention are fraud, embezzlement, to There are some people who argue that fictitious investments. When the investment investing means wasting money or capital is is criminal-related, the risk is to lose all UBELAJ, Volume 3 Number 1, April 2018 | 42 investment funds. Realizing that investment Research Methodology is good but also risky, people are required to This research is descriptive analysis. A better understand investment products. descriptive study is intended to provide as As for the reasons of someone in much data as possible about humans, making an investment that is getting a profit, circumstances or other symptoms. future needs, business needs, as a source of In this research will illustrate and analyze income, needs old time that safe, and the role of Otoritas Jasa Keuangan overcome investment is also easy to do. fictive investment in Bengkulu city and the Related to the rise of suspected efforts of Otoritas Jasa Keuangan in fictitious investments in Indonesian territory, protecting consumers who have made fictive including Bengkulu, could result in many investments in Bengkulu City. This research losses to the community. Lately, people in uses an empirical approach, which is done by the city of Bengkulu many who invest in an conducting research in the field by using institution called D4F (Dream for Freedom). direct interviews to obtain answers about the As known, Monday (6/6) as many as 116 role of Otoritas Jasa Keuangan overcome residents report to the Police Bengkulu fictive investment in the city of Bengkulu because they feel they have become victims and the efforts of Otoritas Jasa Keuangan in of this D4F. From the 116 victims report, protecting consumers who have made fictive estimated total loss reached Rp 1.8 billion. investments in the city of Bengkulu Therefore, it needs to be analyzed about the existence of Otoritas Jasa Keuangan Results and Analysis institution established based on Law Number People are often easily tempted by the 21 Year 2011 in conducting supervision and lure of investments that promise profits in a regulation on financial service institutions short time, but investment is one type of a especially institutions that collect funds from lucky agreement. A lucky agreement means the public in the field of investment. that people who make investments definitely How is the role of Otoritas Jasa do not earn a profit, but sometimes they also Keuangan in overcome fictive investment in get a loss. Bengkulu City? And How is the effort Seen from the juridical, then a lucky Otoritas Jasa Keuangan to protect consumers agreement such as investment should refer to who have made fictive investments in the provisions contained in III Burgelijk Bengkulu City? Wetboek (BW) book on the engagement. Because, there is a commitment that comes from the agreement and from the Act. UBELAJ, Volume 3 Number 1, April 2018 | 43 It remains to be remembered in our minds and supervisory powers. The functions, that not only is fictive investment a duties and authority of arrangement and disservice to society, but there is also an supervision shall be conducted by the Board umroh travel agency, First Travel which of Commissioners through clear division of promises people that they will be able go tasks for the achievement of the objectives umroh only by paying a very low cost Otoritas Jasa Keuangan. The duties of compared to other umroh travel agencies. As members of the Board of Commissioners a result of this action, more than a thousand include the areas of duties related to the code people feel frauded because their of ethics, internal control through audit board expectations for umroh are not being realized mechanisms, education and consumer while the money that has been paid to the protection, as well as functions, duties and Umrah travel agency is not returned. supervisory powers for the sectors of Therefore, it is important to examine and Banking, Capital Market, Insurance, Pension analyze the roles of Otoritas Jasa Keuangan Funds, Financing Institutions and Financial (OJK) overcome investment in Bengkulu and Services Institutions Others OJK's efforts in protecting consumers who Based on the authors' interviews with have made fictive investments in Bengkulu. representatives of OJK of Bengkulu Province With the existence of OJK, it is expected namely the field of education and consumer to support the interests of the national protection, that in the investment does not financial services sector so as to improve recognize the term fictive investment but national competitiveness. In addition, OJK illegal investment. Therefore, business must also be able to safeguard the national entities that receive contributions from the interest such as : among others, human community are not fictitious business resources, management, control and entities, but illegal business entities. ownership in the financial services sector, Business entities are said to be illegal, while taking into account the positive aspects because they have not obtained official of globalization. Otoritas Jasa Keuangan is permission from OJK and other authorities. established and based on sound governance If this entity is left without any action, then principles, which include independence, public trust to a business entity that moves accountability, transparency and fairness. by receiving contributions from the public Otoritas Jasa Keuangan must have a will be reduced and can disrupt financial structure with the principles of "checks and stability. balances". This is manifested by a clear The role of OJK overcome this illegal separation of functions, tasks, and regulatory investment is not mentioned explicitly in UBELAJ, Volume 3 Number 1, April 2018 | 44 Law No. 21 Year 2011. When considered, the public against potential losses resulting contained in the OJK Law only regulates the from public fund raising and investment protection of consumers and the public when management by irresponsible parties, it is harmed by financial institutions, in which necessary to prevent and handle alleged case OJK only take action when a complaint unlawful actions in the field of fund raising from disadvantaged citizen. Though the and investment management in a coordinated problem of illegal investment is very way and integrated by the Ministries / detrimental to consumers, so OJK must act Agencies and / or other relevant agencies. decisively The main tasks of the Investment Alert Task Parties that offer illegal investments are Force are: mostly non-financial institutions so they are a. Education and socialization to the community not registered and overseen by OJK. OJK b. Improve case handling coordination participates against illegal investment offer c. Inventory cases of alleged illegal investments that have the potential to that harm society through effort: harm the community 1. Preventive: socialize and educate d. Analyze cases, and identify authorized investment alert and coordinate with law agencies to handle them enforcers and other regulators. e. Conduct a joint examination and 2. Repressive: facilitation of dispute follow-up to stop the case settlement, cessation and other activities, f. Stopping or blocking the rampant case establishing Alternative Dispute The work program of the SWI is covering Settlement Institutions (LAPS), and prevention and treatment programs. establishing Investment Alert Task Force in all regions. Prevention programs include education and The Investment Alert Task Force (SWI) monitoring of potential illegal investments, was established based on the Decree of the while handling programs include: Board of Commissioners of OJK Number 01 a. Call Center (1500655) and email Task / KDK.01 / 2017 dated January 1, 2017 on Force Investment ([email protected]) the Establishment of Task Force on the b. Coordination between institutions Suspect of Legal Action in the Field of incorporated in the Task Force Investments Community Funds and Investment c.
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