Analisis Yuridis Sengketa Konsumen Investasi Koperasi Simpan Pinjam Indosurya dalam Perspektif Hukum Dagang Indonesia

Abstract

The case of the Indosurya Savings and Loan Cooperative (KSP Indosurya) represents one of the largest investment disputes in Indonesia, resulting in significant financial losses for thousands of depositors due to the cooperative's failure to fulfill its payment obligations. This issue has raised legal debates regarding the legal status of Indosurya depositors and the forms of legal protection available to injured parties. This study aims to analyze the legal protection afforded to Indosurya depositors, the available dispute resolution mechanisms, and the legal standing of investors from the perspective of Indonesian commercial law. The research employs a normative legal research method using statutory and conceptual approaches. The findings indicate that legal protection may be provided through preventive measures, including supervision, transparency, and the implementation of prudential principles, as well as repressive measures through breach of contract claims, tort claims, and criminal proceedings. Furthermore, based on the substance over form principle, the legal position of fund depositors is more appropriately classified as commercial investors or external creditors rather than cooperative members. The Indosurya case also reveals regulatory and supervisory weaknesses within financial service cooperatives, enabling the misuse of cooperative legal entities as vehicles for public fund collection. Therefore, stronger regulations, enhanced supervision, and legal harmonization are necessary to ensure legal certainty and provide more effective protection for investors and consumers of financial services.