UNAIR NEWS – Business nowadays is growing rapidly.Consequently, a lot of young people started various kinds of businesses.However, a lot of them experience financial constraints, especially on the capital as a step to start a business.The presence ofcrowdfundingcan be a potential step for the people of Indonesia.
Crowdfundingis a fundraising from the community to finance a project, loans to individuals / businesses or other needs throughaweb-basedplatform.In addition to funding,听crowdfundingalso aims to find out market responses, consumer tastes, market products, and become abrandingtool forbusiness people.Crowdfunding iscategorized into debtcrowdfunding,听equity crowdfunding, andcrowdfundingdonation.
The fundraising is carried out voluntarily, investors can be from the community, individuals not companies, banks, non-banking financial institutions, and the government.Withcrowdfunding, people are free to be creative, creating brilliant ideas to attract financial support from variouscrowfundingsites.At the moment, there are many choices forcrowdfundingsites in Indonesia.For example,听,听,听,听gandengtangan.org, and other websites.
But it cannot be denied, there is still a risk ofcrowdfundingfailure.Recently several crowdfunding sites said they would immediately close the service.The reasons are varied, the site may not provide data accurately, the borrower does not fulfill its obligations, fraud occurs due to anonymity.So legality is needed as a step to anticipate failure.
Law and sophistication of business changes
In line with the rapid pace of business change, Professor of Faculty of Law, Prof.Moch.Isnaeni, S.H., M.S., said that there are no business activities without legality.The law is able to compensate for any changes that occur.Through contracts, business activities can be carried out in an orderly manner.Moreover, funding withcrowdfundingsiteshas the potential risk of fraud.
“The key is in the freedom principle of contract.Freedom to contract is the main requirement to handle business flows that continue to change, “he continued.
Prof.Isnaeni said, the principle of freedom of contract is contained in Article 1338 BW, which conveys the freedom to make agreements with anyone and about anything as long as they do not violate the law.The stipulated regulations must be agreed upon by both parties and are binding.If one party does not comply with the agreement, the aggrieved party can claim compensation.
“In Indonesia, the contractual aspect ofcrowdfunding has beenwidely discussed lately. The community started responding critically to the failure ofcrowdfundingsites,” explained Prof.Isnaeni.
He hoped that people will always rely the law in starting business activities, includingcrowdfunding.An agreement in the form of an agreement is one of the important points in the effort to meet the needs of the community.(*)
Author: Tunjung Senja Widuri
Editor: Binti Q. Masruroh
