THE FUNCTION OF LEGAL THEORY IN FORMING REGIONAL REGULATIONS IN THE INVESTMENT SECTOR BASED ON ELECTRONIC TRANSACTIONS
Ni Made Jaya Senastri,Made Wiryani,Ni Komang Arini Styawati

Lecturer at the Faculty of Law, Warmadewa University

Abstract

The rise of investment fraud on the internet that is detrimental to the community and to the regions, marked by the number of cases of complaints to the OJK being handled by the Regional Investment Alert Task Force. Law Number 23 of 2014 stipulates that Investment is a mandatory government affair which is the authority of the Regions. Based on Article 236 paragraph (1) of Law No. 23 of 2014, the regions have the authority to form regional regulations. Indonesia has Law No.11 of 2008 concerning ITE. However, there are no regional regulations that regulate investment activities in ITE. Local governments need to establish Electronic Transaction-Based Investment Regulations, as a legal umbrella at the regional level. Formation of regional regulations requires relevant legal theory and legal principles. How does the function of Legal Theory and Principles of Efficiency and effectiveness in the Formation of Regional Regulations in the Field of Electronic Transaction-Based Investments become the focus of research? Method : Normative legal, statutory approach. Analysis and processing using Legislation Theory, Authority Theory, Legal Protection Theory, are presented in a descriptive-qualitative manner. Results research: The function of legal theory in the formation of regional regulations in the field of investment based on electronic transactions is as a foundation and basis for formulating content material, used in the planning, preparation, discussion stages, so that they comply with legal principles, so that the objectives of forming regional regulations are achieved philosophically, juridically, and sociological.The function of the principle of usability and usability is to become the basic thoughts that provide direction to regional regulation makers in formulating content material, so that the use of ITE continues to maintain the principle of prudence and benefit amid the rapid progress of electronic transactions and the freedom to choose technology in society.

Keywords: Investment,Regional Regulation,Legal Theory,Electronic Transactions

Topic: Law on Investment