Proporsionalitas Perjanjian Penerbit Dan Penyelenggara Securities Crowdfunding

Abstract

The agreement between the issuer and the organizer of the crowdfunding securities can be made in the form of a notarial deed. However, the clauses to be included in such agreement have been regulated through Regulation of Financial Services Authority (POJK) No. 57/POJK.04/2020 on Crowdfunding Services Through Information Technology-Based Securities Offerings. The regulated clause does not describe a balance for both parties. The formulation of the problem in this study is whether the principle of proportionality is required in the agreement between the issuer and the organizer of crowdfunding securities and what the role of the notary should be in formulating the agreement of the issuer and organizer of crowdfunding securities. This is a normative legal research conducted with a statutory and a conceptual approaches. The results of the research and discussion conclude that the Principle of Proportionality in the agreement of issuers and organizers of crowdfunding securities needs to be used to provide legal protection for investors. In addition, the role of the notary is to provide legal counseling to publishers and administrators regarding the agreements that will be made. Even though the clause that has been regulated by the Financial Services Authority cannot be violated, the notary continues to provide legal counseling regarding the legal consequences that will be faced by the parties to the agreement. This is a form of preventive legal protection by a notary for the parties to anticipate the legal consequences that will occur in the future.