Karya Ilmiah

DISERTASI (227) - Karakteristik Sistem Crowdfunding Sebagai Alternatif Pendanaan Industri Kreatif

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crowdfunding through the philosophical foundation. legal relationship and legal
protection. Crowdfunding is the newest technology-based funding solution that
could be used for a wide range of purposes including creative industry funding.
The legal issues are : (1) the philosophy of crowdfunding in creative industry
funding, (2) legal relationship in crowdfunding and principles of contract that
shown in it, (3) legal protection of crowdfunding. The research methods include
statute approach, comparative approach and conceptual approach.
The donation and reward based crowdfunding has no specific legal
regulation yet, nor is the equity crowdfunding. While the lending based
crowdfunding has regulated although not all aspects. In addition to faces the issue
of legal certainty, crowdfunding also faces competition issues with incumbent
financial institutions. Crowdfunding which is based on massive online funding
has unique characteristics so that the legal protection must be adjusted to the
characteristics itself.
The result of this research is : 1) Crowdfunding is philosophically
compatible with mutual assistance and kinship principle. 2). Legal relationship in
donation and reward based crowdfunding are from grant, lending based
crowdfunding is from loan agreement, and equity crowdfunding is from
corporation agreement with profit-sharing system. The implementation should be
based on principles of contracts. 3). Preventive legal protection related to
supervision of authorized institutions. Repressive legal protection in donation and
reward based crowdfunding goes to the realm of criminal law. In lending and
equity based crowdfunding, it includes litigation and non – litigation. Non –
litigation settlement could be done via ODR.
Keywords : Crowdfunding, Creative Industry, Contractual Relationship, Legal

Protection

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Ketersediaan

031327017308

227

Ruang Disertasi

Sedang Dipinjam (Jatuh tempo pada2020-09-25)

Informasi Detail

Judul Seri

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No. Panggil

227

Penerbit

Surabaya : Fakultas Hukum Unair., 2018

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

NONE

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM PERSAINGAN USAHA

Info Detail Spesifik

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Pernyataan Tanggungjawab

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Versi lain/terkait

Lampiran Berkas

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