Ius Constituendum Pengaturan Keterbukaan Informasi Penyelenggaraan Layanan Pendanaan Bersama Berbasis Teknologi Informasi Guna Meningkatkan Perlindungan Bagi Pemberi Dana
Inda Rahadiyan, Prof. M. Hawin., S.H., LL.M., Ph.D.; Prof. Paripurna, S.H., M.Hum., LL.M.
2023 | Disertasi | S3 Ilmu Hukum
This dissertation is entitled Ius constituendum of Information Disclosure Regulation on the Implementation of Information Technology-Based Collective Financing Services to Improve Protection for Funder. The purpose of this dissertation research is to explore, review and analyze the importance of comprehensive information disclosure arrangements in the regulation of the implementation of Information Technology-Based Joint Funding Services (LPBBTI), and how the ius constituent of information disclosure arrangements for the implementation of LPBBTI can increase protection for Funders.
This dissertation research method is normative. Normative research methods are carried out using secondary data sources to examine legal norms/legislation. The research was conducted using a philosophical approach, legislative approach, conceptual approach and comparative approach. Data analysis is done qualitatively to answer the formulation of the problem. Conclusions were drawn deductively.
This dissertation research resulted in two conclusions. First, that information disclosure is important to be comprehensively regulated in the implementation of LPBBTI due to three underlying arguments. Philosophically, the value of justice and the value of legal protection are the basis for regulating the financial services sector including LPBBTI. Juridically, there are still fundamental weaknesses in the substance of the current LPBBTI information disclosure regulation. Sociologically, there are six arguments that show the importance of comprehensive information disclosure arrangements in the implementation of LPBBTI. Second, the ius constituendum for the regulation of information disclosure in the implementation of LPBBTI in order to increase protection for Funders can be done through the drafting of a Financial Technology Bill. The Financial Technology Bill can be formulated by formulating and placing information disclosure as the main principle of LPBBTI implementation where LPBBTI is part of the implementation of financial technology. In order to improve protection for the Funders, the author suggests five contents of information disclosure regulation consisting of: (1) definition of information disclosure which includes important and relevant information to be disclosed, (2) subject of regulation which includes the obligation of information disclosure by the Organizer and the Fund Recipient, (3) types of information disclosure which include disclosure during the funding offering period and continuous disclosure, (4) scope of information that must be disclosed by the Organizer and the Fund Recipient, (5) legal responsibility for the implementation of information disclosure.
Kata Kunci : Ius Constituendum, pengaturan, keterbukaan informasi, LPBBTI, perlindungan hukum, pemberi dana