Tanggung Jawab Mentor dalam Mentoring Foreign Exchange (Forex) atas Kerugian Investor di Indonesia

Abstract

The phenomenon of investment mentoring in Indonesia has become a growing trend among young people, particularly in the aftermath of the Covid-19 pandemic in 2020. This trend is closely linked to the rapid development of various investment products in the country, including forex, binary options, and cryptocurrency. These emerging forms of investment have captured the interest of the younger generation, leading to the widespread emergence of platforms and media offering training and mentorship in this field. Therefore, this research aims to examine the development of legal regulations concerning digital-era investments in Indonesia, analyze the legal framework surrounding the practice of investment mentoring, and explore the legal responsibilities of mentors toward mentees who participate in such investment mentoring programs. This thesis research employs a normative legal research method with a descriptive approach. The data consists of primary, secondary, and tertiary legal materials, which are collected through literature study techniques and analyzed using normative qualitative data analysis methods. This study concludes that the development of legal regulations on investment in Indonesia during the digital era tends to lag behind the rapid growth of investment products. Furthermore, the phenomenon of investment mentoring in Indonesia remains inadequately regulated. Legal protection regarding the rights and obligations of the parties involved in such mentoring relationships is often based on the Indonesian Civil Code and the Consumer Protection Law. In terms of the mentor’s liability for losses suffered by the mentee, it is generally based on the contractual agreement between the parties. If the contract does not specifically regulate such liability, the mentee typically cannot claim or demand any legal responsibility from the investment mentor.