IMPLEMENTASI DONATION CROWD FUNDING DI INDONESIA

Abstract

The rise in cases of misuse of crowdfunding donations by organizers is interesting for further study. This article aims to answer the question: what is the regulatory framework for crowdfunding donations and how is it implemented in Indonesia. This research is normative juridical research, in the sense that the research was carried out by examining the main legal materials for research, by exploring related regulations and literature, and analyzing using Friedman's Legal System Theory approach. The results of this research show that the regulatory framework for crowdfunding donations is spread across a number of regulations: Law Number 9 of 1961 concerning the Collection of Money or Goods, Foundation Law No. 28 of 2004, POJK Number 77/POJK/01/2016 concerning Technology-Based Money Lending and Borrowing Services Information on Government Regulation No. 29 of 1980 concerning the Implementation of Donation Collection. These regulations do not yet specifically regulate crowdfunding donations, the rights of the parties in crowdfunding donations. Meanwhile, the implementation of donation crowdfunding shows that, structurally, law enforcement officers for donation crowdfunding are still very limited, namely civil servants appointed by the Ministry of Social Affairs. This institution is very limited and its role is not yet visible in society. Culturally, there needs to be socialization regarding the working procedures for crowdfunding donations so that people's rights are protected, and regulatory wise it is necessary to revise Law no. 9 of 1961 concerning the Collection of Money and Goods, and harmonization of related regulations.