Juridical Review on The Crime of Fraud in The Implementation of The Pyramid Scheme System of Business Actors

• Published in: Calitatea Vol. 23; no. 188; pp. 139 - 144
• Main Author: Manurung, Ridho Syahputra
• Format: Journal Article
• Language: English
• Published: Bucharest Romanian Society for Quality Assurance 01.06.2022
• Subjects: Court decisions; Crime; Criminal procedure; Criminal sentences; Data collection; Decision analysis; District courts; Economic analysis; Economics; Employment; Fraud; Information technology; Internet; Job creation; Law; Law enforcement; Legislation; Witnesses; Jakarta Indonesia; Indonesia
• ISSN: 1582-2559
• DOI: 10.47750/QAS/23.188.20

The crime of fraud with the pyramid scheme system in Indonesia has recently become rampant. The more recent the development of information technology, the more up-to-date the forms and modes of perpetrators of crimes will be. The formulation of the problem in this thesis is: how is the case of the decision of the Supreme Court of the Republic of Indonesia Number 106 K/Pid/2018, the reasons for the consideration of the Supreme Court and the analysis of the decision of the Supreme Court. One of the legal products in the form of legislation that regulates economic problems is Law Number 7 of 2014 concerning Trade. The interesting thing in this law is contained in Article 9 of Law Number 7 of 2014 which reads "Business actors are prohibited from implementing a pyramid scheme system in distributing goods". Pyramid scheme is a term or name of a business activity that is not the result of the sale of goods but this activity takes advantage of the opportunity for participation of business partners to obtain rewards or income. Pyramid scheme fraud is an illegal business system where the profits obtained by a number of people who are in the top position of the pyramid come from the funds of new members who are in the bottom position of the pyramid. This paper is descriptive analytical with normative juridical research, while the research method used is library research with data collection techniques using secondary data types consisting of primary legal materials, secondary legal materials, and tertiary legal materials. Whereas in the case of the defendant's position it is proven that he has committed a criminal act of fraud against the use of the pyramid scheme system. The reasons for the judge's consideration must pay attention to the juridical, economic, interests and legal certainty aspects. Based on this, the author's analysis is that it is more appropriate if the defendant is subject to Article 105 of Law Number 7 of 2014 concerning Trade with a sentence of 10 years in prison and/or a fine of Rp. 10,000,000,000.00-(ten billion rupiah).