Indra Kenz Detained By Police, Expert: Advertising Stars Can Be Penalized If Knowing Illegal Investment Products

Indra Kenz (Photo: ANTARA)

JAKARTA - Prasetiya Mulya University business law expert Rio Christiawan said endorsers or advertising stars such as Indra Kenz could be held criminally responsible if they previously knew that the investment product they were promoting was illegal.

In a criminal context, the star of an illegal investment advertisement can be charged with Article 56 paragraph (2) of the Criminal Code. However, according to Rio, the nature of the endorser's liability, whether criminally, civilly, or in the context of consumer protection law, will differ between celebrity endorsers and expert endorsers.

"A pure celebrity endorser only conveys a message from a product without any technical justification that requires special expertise. Meanwhile, an expert endorser is to provide technical assurance regarding the substance of the advertised product," said Rio in a webinar discussion of the 7th Anniversary of the Indonesian Commodity Futures Trading Association (Aspebtindo), quoted from ANTARA, Saturday, February 26.

Meanwhile, electronic media, social media, and others can also be subject to legal sanctions if they participate in broadcasting or promoting illegal investment products.

"Social media or electronic media can be charged with the ITE and TPPU (Money Laundering) laws and the sanctions can be heavier," said Rio.

In the case of an alleged fraudulent application under the guise of binary options trading, the Criminal Investigation Unit of the Police has arrested a number of perpetrators, including influencers Indra Kesuma or Indra Kenz. Indra is a Binomo affiliate who was officially named a suspect on Thursday (24/2) night after being questioned by the Bareskrim investigation team.

In that case, Indra Kenz was threatened with 20 years in prison for allegedly violating Article 45 paragraph 2 in conjunction with Article 27 paragraph 2 of the ITE Law. Article 45 paragraph 1 in conjunction with Article 28 paragraph 1 of the ITE Law. Then, Article 3 of Law Number 8 of 2010 concerning the Prevention and Eradication of Money Laundering (TPPU). Article 5 of Law Number 8 of 2010 concerning the Prevention and Eradication of Money Laundering Money. Furthermore, Article 10 of Law 8 of 2010 concerning the Prevention and Eradication of Money Laundering and Article 378 of the Criminal Code in conjunction with Article 55 of the Criminal Code.

The Commodity Futures Trading Regulatory Agency (CoFTRA) also asked the public to be aware of offers or lure from advertisements or promotions of artists or influencers related to illegal forex trading robots to binary options.

The Head of CoFTRA's Market Development and Development Bureau, Tirta Karma Senjaya, said that the public should not be tempted by false promises or advertisements.

"Usually these products are offered by artists or endorsed by influencers. So don't be tempted by misleading promises or advertisements," said Tirta.

Currently, there are many advertisements through radio, television, electronic media to social media that offer investments with quick profits.

"Usually there are many advertisements or promotions that offer 'with a good night's sleep, you can earn'. There is no such thing. So be careful," said Tirta.

Binary options are a form of online trading where traders predict or predict the rise and fall of the price of an asset over a certain period of time.

A forex trading robot is an automated software program that allows traders to generate trading signals or orders, and manages trades in the forex market.