Perlindungan Hukum terhadap Investor yang Gagal Melakukan Due Diligence Sehingga Terjebak Investasi Bodong

Abstract

Due diligence prior to investing, whether conducted independenly by investors or with the assistance of legal consultants, is a form of precautionary action to avoid fraudulent/illegal invesments. The Financial Services Authority’s efforts in preventing fraudulent/illegal invesment through socialization and education to the public are essential for ensuring legal protection for investors. The methodology employed in this thesis is a normative juridical research method, which refers to legal norms and is conducted through library research. This study is descriptive in nature, and the data analysis method used is qualitative. The research findings reveal that the legal aspect of due diligence by investors in invesment activities involves the participation of legal consultants, with the investor acting as the implementer of the due diligence process. This is done to assess and consider invesment opportunies, thus preventing involvement in fraudulent invesments. The Financial Services Authority’s actions in regulating and supervising investors to perform due diligence in order to prevent fraudulent invesments are in accordance with Law Number 4 of 2023 on the Development and Strengthening of the Fnancial Sector, amending Law Number 21 of 2011 on the Financial Services Authory. Legal protection for investors who fail to conduct due diligence and fall victim to fraudulent invesments can be viewed from the perspective of personal responsibility and the responsibility of the legal consultants if their services were utilized.