Investment Cases Are More Suitable For Civil Law, Not Criminal Law!

Illustration. (Photo: Unsplash)

JAKARTA - In the last few days, there are many victims of investment fraud using criminal law to get their rights. In fact, civil law instruments or the Suspension of Debt Payment Obligations (PKPU) provide a higher percentage of winnings in an effort to recover investors' losses.

This condition is reflected in the First Travel case to Jouska, where the victims chose the criminal route but the money invested was still lost. This is agreed by Trisakti University Law Expert Abdul Fickar. According to him, the investment agreement and accounts payable are civil cases, with collateral in the form of company assets.

"It can only be processed in a civil manner with the guarantee of confiscation of all of the company's assets for payment guarantees," Fickar told reporters, Monday, February 21.

In fact, he continued, civil law applies if there is good faith from the perpetrator, for example if the person concerned complies with the agreement to transfer some of the investors' funds.

Fickar also questioned how far the power of agreements and laws in investing protect customers or the public. Because according to him, such agreements do not really protect customers or the public, because they are very loose.

"So the customer is considered to know the details of the agreement, so when it is signed, it is binding even though it is very detrimental," he continued.

He called civil law basically an 'agreement' (consensus). That is, when the agreement has been signed, the parties are bound regardless of its contents.

"So only certain parties understand that the contents of the agreement are beneficial or detrimental to consumers or the community," he said.

"The investment agreement should be very strict and binding, meaning that if it has been agreed, each party must submit and be bound. Because it is not easy to cancel unilaterally," he concluded.