Criminal Liability Towards The Crime Of Illegal Fundraising With Investment Mode

One of the modes that has developed is the effort to raise funds for profit through investment or investment that is lured with very lucrative profits or with interest beyond reasonable limits. This research aims to analyze the implementation of criminal liability towards the crime of illegal fundraising with investment mode in Indonesia. This research uses normative legal research as a methodology where this approach is used in legal writing. The data source as a reference for this research uses secondary data. The result of this research shows that Legal arrangements regarding criminal threats to fraudulent investment and public fundraising with investment mode have different rules and different legal sanctions. The legal regulation on the collection of public funds with the investment mode is regulated in Article 46 of the Banking Law which reads the collection of funds with the investment mode. The person who gives orders and/or the party acting as the leader of a legal entity in the form of a Limited Liability Company, Association, Foundation, or Cooperative to collect funds from the public in the form of deposits, and without a business license from the Head of Bank Indonesia (currently the Head of OJK) as a Commercial Bank or Rural Bank, is defined as a bank criminal under Article 46 paragraph (2) of the Banking Law.