REKONSEPTUALISASI PENGATURAN RESTITUSI DAN KOMPENSASI KEPADA KORBAN TINDAK PIDANA INVESTASI ILEGAL SKEMA PONZI DIKAITKAN DENGAN UPAYA PERLINDUNGAN HUKUM DI INDONESIA

Abstract

In general, the Indonesian population is still largely unfamiliar with
various new instruments in the world of investment. In fact, some members of the
society seem uninterested in learning how to invest wisely and correctly. Often,
people are focused on the potential returns they can gain, so the first question that
arises when a new investment opportunity is presented is about the expected
profits. Some individuals appear to be dazzled by the promise of high profits
without considering the accompanying risks. Consequently, the phenomenon of
investment scams or fraudulent investments has emerged. It appears as if an
institution is managing the public's funds and investing them in various types of
investments, but in reality, it's merely a money game.
This research is a normative legal study based on literature research,
which involves quoting from relevant books or supporting materials related to the
issues under investigation. The research utilizes secondary data sources,
including primary, secondary, and tertiary legal materials. This study also
employs qualitative data analysis and produces descriptive data.
From the research findings and discussions conducted, it can be
concluded that the regulation of restitution and compensation for victims of
illegal investment schemes, particularly Ponzi schemes, concerning legal
protection efforts in Indonesia, is not effectively implemented. This is due to the
perception that law enforcement against perpetrators is lenient and relies solely
on the Criminal Code penal Indonesia. Different regulations naturally serve
different purposes and objectives to ensure that the rules can be applied
according to the actions of the criminals. Many cases involve victims of criminal
activities who do not receive restitution to recover their losses, both material and
immaterial. Criminal justice has not provided certainty regarding the fulfillment
of restitution.
Keywords: Ponzi schemes-investment-restitution-legal protection.