Crowdfunding Practice and It’s Comparison with Fundraising and
Dispute Settlement
Wagiman and M. Luthfi Reza Izzulhaq
Universitas 17 Agustus 1945 Jakarta, Indonesia
Keywords: Crowdfunding, Dispute, Fundraising Platform, Mediation, Campaigner.
Abstract: With the development of technology, donations can only be attractive but can also make it easier for people
to do things, including collecting funds. This paper discusses crowdfunding practices and their comparison
with fundraising and dispute resolution with misuse during distribution. In terms of the parties, there are
Fundraising Platforms (Fundraising Platforms) and Promotions (Campaigners) and Donors (Donors). The
purpose of writing this article is to answer three crucial questions, namely: (1) what if you want to know
information about the implementation or distribution of funds? (2) What if there is a dispute, Pepromisi
does not respond to the wishes of the donor?; (3) and what actions Donors can take to obtain
transparency of information from Promotion. This paper uses normative juridical research conducted by
applying the rules and norms in law.
1 INTRODUCTION
There are two concepts that are sometimes
intertwined, namely: (Nindyatmoko, n.d.) (1) The
concept of 'urunan' or 'joint fund' (crowdfunding).
Later developments, the concept of 'urunan' is
carried out massively through urunan/joint ventures
'online (online)'. The latter is known as online
crowdfunding); (2) The concept of 'fundraising'.
Raising urunan is said to be traditional if it is done
outside the network (offline/offline). Fundraising
models are generally in the form of physical
donations in the form of direct gifts in cash or
checks. Just like urunan, fundraising is also evolving
and the collection is done 'online (online)'. The latter
is known as online fundraising. Fundraising is
generally in the form of physical donations in the
form of direct gifts in cash or checks, so in the era of
online fundraising, it is done through internet
banking or bank transfers. The implications of the
online 'drop-off' and 'fundraising' models make
donations: (1) faster; (2) easier; and most
importantly it should (3) allow for more
transparent giving and receiving; and (4)
accountable.
Chart 1: Potential Dispute Online Crowdfunding & Online
Fundraising.
On the above, there are three crucial questions
related to it, namely: (1) what if the donor wants to
know information regarding the transparency of the
use or distribution of funds? (2) What if there is a
dispute, Peppromotion does not respond to the
wishes of the donor?; (3) and what actions Donors
can take to obtain information transparency from the
Campaigner.
Wagiman, . and Izzulhaq, M.
Crowdfunding Practice and Itâ
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Zs Comparison with Fundraising and Dispute Settlement.
DOI: 10.5220/0011980600003582
In Proceedings of the 3rd International Seminar and Call for Paper (ISCP) UTA â
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Z45 Jakarta (ISCP UTA’45 Jakarta 2022), pages 317-331
ISBN: 978-989-758-654-5; ISSN: 2828-853X
Copyright
c
 2023 by SCITEPRESS – Science and Technology Publications, Lda. Under CC license (CC BY-NC-ND 4.0)
317

2 LITERATUR REVIEW
The presence of new technologies and media does
not come from an empty space. Technological
development as a process of interaction or discourse
between technologists and relationships with social
groups. Biker and Pinch in The Social Construction
of Facts and Asrtefacts: or How the Sociology and
the Sociology of Technology could Be Benefit each
Other argue that the state of technology is like
science, namely as a social construction, depending
on many social factors and relationships between
social groups. Crowdfunding as a new technology
and media comes from social construction. For
Bikers, crowdfunding utilizes technology by
involving the community in fundraising to help or
donate people in need and fundraising for a project
or business unit. This is done online, whether it is
based on a website or an application. This allows the
wider community to access charity
programs.(Nurhadi & Irwansyah, 2018) Sheng Bi,
Zhiying Liu, Khalid Usman questioned how online
information affects investors' decisions. For Sheng
Bi funders or investors have access to a wide range
of information about projects or products when they
make investment decisions as well as what types of
information most influence investor behavior. Based
on the elaboration likelihood model, Sheng Bi and
colleagues developed a research model and
conducted an empirical study using objective data
collected from Chinese crowdfunding websites.
Sheng Bi found that signal of quality and electronic
word of mouth have a significant positive influence
on the investment decisions of funders. The results
of Sheng Bi et al's research show that a higher
number of forewords and a greater number of videos
makes funders feel the project has higher quality,
and a higher number of likes and online reviews
makes funders feel the project has good electronic
news from mouth to mouth. Furthermore, data
analysis from Sheng Bi reveals that project quality
signal information and word of mouth have almost
the same effect on funders' investment decisions in
the context of Chinese crowdfunding. On the other
hand, central routes are significantly more
important for Science & Technology and
Agriculture projects, while peripheral routes are
more important for Entertainment and Arts projects.
(Bi et al., 2017) Haichao Zheng, Dahui Li, Jing Wu,
Yun Xun research how entrepreneur social networks
affect crowdfunding. Based on the research of
Haichao Zheng and colleagues, the theory of social
capital was developed on a research model and a
comparative study was conducted using objective
data collected from China and the US. Zheng and
colleagues found that the social network ties of
entrepreneurs, the obligation to fund other
entrepreneurs, and the shared meaning of
crowdfunding projects between entrepreneurs and
sponsors had a significant effect on crowdfunding
performance in China and the US. The predictive
power of the three dimensions of social capital is
stronger in China than in the US. Liability is also
having a bigger impact in China. (Zheng et al.,
2014) According to the research of Dedy Ilham
Perdana and Yuliana, the Betang Sangkuwu
customary land conflict in Tubang Marak village
occurred because of the struggle for ownership of
the Betang Sangkuwu customary land located in the
middle of an oil palm processing plantation
company, namely PT Karya Dewi Putera (PT KDP).
The struggle for ownership of the Betang Sangkuwu
ulayat land took place between the indigenous
people of Tubang Marak village and the migrants
who settled in this village called the viewer. This
study uses a phenomenological study with a
qualitative approach, which examines the
phenomenon to be developed. The source of data in
Dedy Ilham Perdana and Yuliana's research comes
from primary data, which was collected through
direct and in-depth interviews between researchers
and informants (subjects), observations, recordings
and field notes. The data analysis technique used is
data reduction, data analysis, as well as drawing
conclusions and verification. The results of the study
indicate that in the process of customary land
disputes in Betang Sangkuwu, Tumbang Marak
village, there are actors who play a role (roles of
authority). The conflict occurs because its roots are
triggered by economic values, social values (social
rent/social privileges), and ricardian rents (sacred
cultural values). The conflict is in the form of latent
conflict, namely slandering, mutual suspicion, and
threatening, as well as conflicts that are manifested
in the form of blaming each other. Efforts that have
been made are mediation and hinting (customary
fines) in Dyak custom. The struggle for ownership
of the Betang Sangkuwu ulayat land in Tumbang
Marak Village has not yet been completed. The
performing community together with KCW
personnel will raise the issue to positive law.
However, because the indigenous people of
Tumbang Marak village are willing to accept the
results of the mediation, the relationship between the
parties involved in the conflict in Tumbang
Marak village is getting better. (Dedy & Yuliana,
2015) Crowdfunding through Internet platforms
according to Ethan Mollick is a new phenomenon
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that allows small businesses to raise capital from a
large number of private individuals, called
'crowdfunders'. Crowdfunding can offer a variety of
financial and non-financial benefits for business
venture funding. Financially, it helps small
companies to overcome funding difficulties and
facilitates access to further financiers while enabling
businesses to raise capital with little or no loss of
ownership and control. In terms of non-financial
benefits, crowdfunders can provide the added value
of engagement and feedback creating, at the same
time, publicity and public awareness of the business,
and potentially useful new contacts for the
business.(Mollick, 2014) For Stephanie A. Macht &
Jamie Weatherston, Crowdfunding supports
founders of nonprofit, arts, and culture ventures to
fund them with relatively small contributions from
the large number of individuals who use the internet,
without standard financial intermediaries. Based
on a dataset of more than 48,500 projects totaling
over $237, Stephanie A. Macht & Jamie
Weatherston offers a description of the dynamics of
success and failure among crowdfunded ventures.
It's that personal networks and the quality of projects
that demonstrate them are linked to the success of
crowdfunding efforts, and that geography is tied to
the types of projects proposed and successful
fundraising. Finally, Stephanie found that most
developers planned to fulfill their obligations to the
fund people, but more than 75% delivered more
product than expected, with the rate of delay
predicted by the level and amount of funding the
project received. These results offer insight into the
emerging crowdfunding phenomenon, and also shed
more light on how founders' actions can impact their
ability to receive entrepreneurial financing.(Macht &
Weatherston, 2014) For Endrit Kromidha & Paul
Robson, online crowdfunding means relying on the
Internet to seek financial support from the general
public. In their paper, Kromidha and Robson tested
the success factors in social capital networks from
the 5000 most funded projects on Kickstarter.com at
the time of this study. Endrit Kromidha & Paul
Robson first looked at how fundraisers and
supporters identified themselves with the projects
they supported on their own social networks. These
are modeled using Facebook friends and Facebook
sharing, respectively, guided by social identity
theory. Second, we use signal theory to investigate
crowdfunding success based on the ability of
supporters and fundraisers to engage in forums,
modeled using the number of comments between
them, or by unilateral signaling using the number of
updates from the fundraiser. This study shows that
funders and funders who identify with projects on
their own social networks are associated with a
higher guarantor/supporter ratio. Endrit Kromidha &
Paul Robson also found that projects in which the
fundraiser and backer exchanged more signals in a
shared forum, but not signals that were imparted
unilaterally by the fundraiser, had a higher
guarantor/supporter ratio. These findings, based on
measured quantitative studies, highlight the
importance of a multitheoretical approach, advance
social identity theory and signal theory in the
context of crowdfunding, and can be applied to both
online and normal entrepreneurial environments.
(Kromidha & Robson, 2016)
3 METHODS
The method in writing articles used normative
juridical methods, besides that, it is also done to
make two flatform models for analysis. A
comparative approach is used to compare it between
one platform with other platforms. By using the
method in this comparison, the transparency and
accountability of information is also recorded
provided by the two institutions. Last, done an
examination of whether there has been a dispute
between the Donor with Recipients/ Collectors.
4 RESULTS AND DISCUSSION
Crowdfunding has become an alternative source of
financing for businesses and individuals.
Crowdfunding has set aside traditional financing
intermediaries such as credit institutions to apply
for financing (the traditional financing
intermediaries) to transformation through the crowd
(for a financing through the crowd). However,
disintermediation in many countries, Kleiner argues,
is only a transitional stage in the development of a
sui generis that was adopted in several legal orders
(adopted in several legal orders). In some countries,
new statuses with correlative obligations were
created. In other countries only adapting existing
regimes to include theseactors', namely businesses
operating platforms to connect financiers and funders
(Kleiner, 2021)
Kleiner examines or tests the different types of
crowdfunding. According to him, the types depend
on the financing arrangements (depending on the
financing arrangements), whether they come from:
(1) loans,(2)donations, (3)equity. Then the
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solutions proposed in nineteen legal systems (the 19
legal systems) were determined based on the
regime's point of view applied to crowdfunding. It is
also necessary to pay attention from the point of
view of the protection of 'the crowd', whether it
concerns the natural persons or legal persons who
have contributed to financing through a platform.
According to Kleiner, therefore the use of the
Internet is an important means of collecting this
funding. Kleiner in his report shows that the
countries studied are reluctant to allow these
businesses to operate outside the boundaries of
where the finance company is located, often far
from imagining all the difficulties associated with
this aspect.(Kleiner, 2021) As the name implies,
contributions to donation-based crowdfunding are
in the form of donations. There are no rewards for
contributions that have been made by contributors,
and refund of some of the amounts they have
contributed. Donations are made based on sympathy
for the people they help.(Nurhadi & Irwansyah,
2018)
The term crowdfunding is a derivative of
crowdsourcing which means crowdfunding. Judging
from the existing legal rules in Indonesia, there are
no specific rules regarding online crowdfunding so
that if there is a potential dispute it has not been
able to be anticipated properly. Donation-based
Crowdfunding is a concrete form of optimizing
social life technology and mutual cooperation.
Donation- based crowdfunding is a crowdfunding
activity from public funds for various purposes,
especially for social and charitable purposes. The
donation also has an intermediary to connect donors
and recipients of donations by using internet media
and applications and platforms.
4.1 Terminology/ Terms
Crowdfunding
Some way of raising money which in Europe is done
to finance projects and businesses. Fundraising of
large sums through online platforms. (ec.europa.ue,
n.d.) The term crowdfunding refers to the idea of
raising funds for a project (a project) or purpose (a
project or cause) through a large group of people
online (through a large group of people online).
Everyone can use it to get support for their ideas.
(Nguyen & Brauner, 2022) Crowdfunding is
'fundraising'. Then the terminology of Donation-
based Crowdfunding was namely donation-based
fundraising. Generally asking for a small amount of
money from a number of people for the purpose of
an activity or project. For this contribution, the
donor those in need. (Wulan, 2021)
Campaigner Crowdfunding
Campaigner is the user (the user) of the
crowdfunding platform who creates a project for
fundraising (who creates a project for fund raising).
Campaigners are also called 'project creators' or
'creators'.(IGI Global, n.d.)
4.1.1 Crowdfunding Arrangements in
Several Countries
A Crowdfunding Arrangements in the United
States
According to Heminway, there has been a rapid
growth of the crowdfunding past few years, in
the United States and around the world. With the
implementation of crowdfunding, various complex
legal issues arise. While laws and regulations in
the United States seek to keep pace, both at the state
and federal level, with the diversity and evolution of
the crowdfunding. When Heminway wrote this
report on crowdfunding there was no
comprehensive legal framework covering
crowdfunding as a whole in the United States.
Therefore, the report aims to explain
The legal framework that exists and applies in
America and some of the complex issues related to
crowdfunding.(Heminway, 2017)
Platform online crowdfunding is an important
social networking community for entrepreneurs to
raise money to support their entrepreneurial projects.
However, the value of entrepreneur social capital
embedded in social networks has not received
sufficient attention in the crowdfunding. What about
social entrepreneurs?
Will networking impact crowdfunding
performance? Based on the theory of social capital,
the development of a research model to investigate
the social impact of entrepreneurs whose capital
includes three dimensions, namely structural,
relational, and cognitive. Zheng conducted a
comparative study of three dimensions using
objective data collected from China and the United
States. He finds the ties of entrepreneur social
networks, and the obligation to fund other
entrepreneurs, and the shared meaning of
crowdfunding between entrepreneurs and sponsors
have a significant effect on crowdfunding in China
and the United States. Zheng also revealed some
cross-cultural differences. He found that the
predictive power of the three dimensions of social
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capital was stronger in China than in America.
Liability, the relational dimension, is also having a
greater impact in China.(Zheng et al., 2014)
B Under Arrangements for the
Implementation of Crowdfunding in
Finland
Law, Kallio stated, crowdfunding platform in
Finland is subject to regulations as stipulated in the
'2016 Crowdfunding Act' (the 2016 Crowdfunding
Act)', to the extent the platform provides
intermediation services to channel funding by
financial return. Thus, Kallio's research aims to
establish the main characteristics of the Finnish
legal framework applicable to crowdfunding taking
into account the state of the crowdfunding in
Finland.(Kleiner, 2021)
C Crowdfunding Implementation
Arrangements for Crowdfunding in
Switzerland
Has become an important alternative for financing
various commercial and non-commercial projects in
Switzerland.forms of crowdfunding in Switzerland
are:
(1) crowddonating,
(2) crowdsupporting,
(3) crowd pre-financing
(4) crowdlending and
(5) crowdinvesting
Although the crowdfunding has grown rapidly in
recent years, there is very little crowdfunding -
specific regulation in place.
Therefore, a large part of crowdfunding must be
embedded in a non-governmental regulatory
environment. Specifically, which raises various
problems. The Swiss government has acknowledged
each other's problems, including the potential costs
involved in terms of innovation and economic
growth. This has resulted in several recent
amendments of the regulatory framework,
particularly regarding crowdlending. This
contribution provides a brief overview of the
crowdfunding and regulatory environment with
status as of July 2019.(Kleiner, 2021)
D Crowdfunding in Germany
As of the publication of the Troger article, there are
no specific German laws or regulations, which
specifically address and regulate crowdfunding.
Nevertheless, one must acknowledge the rapid
development of the crowdfunding and observe the
new forms of legal relationships resulting from
fundraising campaigns conducted through the means
of internet platforms. Thus, Troger's research aims to
highlight the main legal issues raised by the
implementation of crowdfunding in Germany in
dealing with these activities through the legal
framework currently in force in Germany.(Kleiner,
2021)
E
Crowdfunding in Cyprus
Crowdfunding is not regulated in the Cyprus legal
system. The proceeds of a business or other entity
wishing to initiate crowdfunding have to deal with a
complex legal framework and are subject to the
formalities and obligations that have been designed
for the classic 'mainstream' way of attracting funds.
This lesson thus aims to highlight some of the main
legal issues raised by the crowdfunding in the legal
context of Cyprus.(Kleiner, 2021)
F The Organizing Crowdfunding in Brazil
Terra study aims to analyze the various modalities of
crowdfunding used in Brazil. The main difficulty
stems from the fact that there are only two specific
regulations regarding this in Brazil, one revised in
July 2017 concerning crowdfunding, and another
edited in October 2017 which regulates donations
from individuals to politicians and political parties
through crowdfunding. Therefore, for other types of
crowdfunding, it is worth exploring, rare laws,
especially in the Brazilian Civil Code for the
rules that apply to contracts signed between
investors, platforms and project developers, which
have caused a series of controversies and problems.
practical.(Kleiner, 2021)
G Crowdfunding in Spain
While Sainz mentions that in Brazil the matter of
'financial return crowdfunding' has been regulated
under Spanish law since 2015. Other forms of
financingby the crowd, such as donations or
crowdfunding reward-based crowdfunding
implementation of crowdfunding in Spain, however,
poses various problems that must be recognized and
addressed. Therefore, Sainz's research aims to
highlight the main features of thelegal framework
and regulationof crowdfunding currently in force in
Spain.(Kleiner, 2021)
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H Crowdfunding in Greece
In Matthaiou's opinion, rather than creating a new
legal framework that specifically regulates
crowdfunding, Greek Legislators chose to adapt the
existing financial regime through the introduction of
several new legal provisions. While considering
crowdfunding the growingLegislators in Greece are
also seeking to keep a close eye on current
discussions at the European level on crowdfunding.
Thus, Matthaiou's research aims to to describe the
main characteristics of the Greek legal framework
applicable to crowdfunding.(Kleiner, 2021)
I Crowdfunding in Poland
Although there are no specific regulations on
crowdfunding in Poland to date, general rules
regarding civil and commercial law, in particular,
will apply to crowdfunding. Meanwhile, the
crowdfunding is not very developed in Poland when
compared to other markets in Europe or the United
States. Baginska's study aims to establish the main
legal rules and issues raised by the crowdfunding in
the context of Polish law.(Kleiner, 2021)
J Crowdfunding Implementation in Estonia
According to the Laub report released July 2018, the
State of Estonia has not yet implemented any
specific laws or regulations regarding crowdfunding,
although there have been initiatives to outline
certain rights and obligations of platform. However,
everyone in Estonia has to acknowledge the legal
problems resulting from the rapid development of
crowdfunding. Therefore, this Laub study seeks to
highlight some of the main legal issues in Estonian
law that are driven by the development of
crowdfunding in the country.(Kleiner, 2021)
K Crowdfunding in Taiwan
Under Taiwanese law, at the time of publication of
this Tseng report, only crowdfunding is regulated
and subject to Taiwan's regulatory oversight and
control. However, this does not mean that the
conduct of other types of crowdfunding , such as or
reward-based crowdfunding donation-based
crowdfunding may not fall within the scope of civil,
commercial, or consumer law in some cases.
Crowdlending in particular can fall, on the
features of certain existing business models, within
the scope of banking regulations. Therefore, Tseng's
research It aims to highlight the main
characteristics of the current legal framework that
applies to crowdfunding in Taiwan.(Kleiner, 2021)
L Crowdfunding in Singapore
Crowdfunding is a rapidly growing type of financial
intermediation requiring regulatory attention. Some
countries, such as the United States, have enacted
legislation in response to internal challenges in
crowdfunding related to investor protection. Other
countries rely on existing regimes that regulate
financial intermediation and adapt them in response
to problems arising from the relationship between:
(1) crowdfunding platforms, (2) investors, and (3)
recipients of financing. Singapore, which is one of
the largest financial markets in Asia, has seen a huge
increase in crowdfunding
. The country has chosen to
adjust its regulatory framework rather than institute
new laws. Hofmann's report contains an analysis of
the rules governing debt-based and equity
crowdfunding in Singapore and considers policy
proposals regarding Singapore's regulatory
framework.(Kleiner, 2021)
4.2 Types of Crowdfunding and
Administrative/Operational Fees
4.2.1 Types of Crowdfunding
There are four types of crowdfunding,
namely:(Nguyen & Brauner, 2022) (1) reward
crowdfunding, namely raising funds by reaching
supporters, who receive a small gift or product
sample if they promise a certain amount; (2) debt
crowdfunding, namely receiving loans and paying
them within a certain period of time. Some prefer
this
to a bank loan because it can be much faster;
(3) equity crowdfunding, giving part of the
ownership of a business to those who provide
funding and (4) donation-based crowdfunding, ie
individuals who donate small amounts of money
(to meet the larger fundingaim of) of certain
charitable projects (a specific charitable project)
without receiving any financial or material return
(while receiving no financial or material return).
Model types of crowdfunding with other divisions,
namely: (ec.europa.ue, n.d.) (1) peer-to-peer
lending, namely the crowd (the crowd) lends
money to a company (lends money to a company)
with the hope that the money will be repaid with
some interest; (2) equity crowdfunding, namely
thesale of a stake(to a number of investors in
return for investment); (3) rewards-based
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crowdfunding, ie individuals donate to a project or
business (individuals donate to a project or
business) in the hope of receiving non-financial
rewards, such as goods or services; (4) profit-
sharing / revenue- sharing, namely a business or
business and sharing profits or income with many
people in return for its current funding; (5) debt-
securities crowdfunding, ie individuals invest in
securities, such as bonds issued by companies; and
(6) hybrid models, which offer business
opportunities to combine elements of more than
one type of crowdfunding.
Chart 2: Types of Crowdfunding.
4.2.2 Crowdfunding
Administration/Operational Fee
Money from the masses/public, has changed the
laws in the United States, can allow anyone to
invest in start-ups. Want to invest in the next
Twitter? or put money behind Facebook? More
people might get a chance soon.website
crowdfunding Kickstarter, more than 87,000 people
donated a total of more than $3 million in February
and March to help create the Double Fine
Adventure. This is good news for gaming fans, but it
also highlights the growing limits ofcrowdfunding
movement in the United States. People awarded on
Kickstarter are seen as philanthropists, not investors.
Theirs is a $15 prize in each copy of the game.
Ge4nerally, the crowdfunding and fundrisers do
not use operational and administrative costs for
fundraising or donations on a limited basis with the
following criteria: (1) Zakat category which has
been initiated by BAZNAS and LAZ partners; (2)
Category of Natural Disaster within the scope of
disaster from the provincial scale; and (3) National-
scale Disasters from the Category of Natural
Disasters. Determination of the scale of a disaster in
accordance with the Decree of the President, State
Institutions, and/or Government Agencies. A
platform based on existing information that the site
is not responsible for the implementation and
information provided by donors, contributors and
also to recipients of funds. On its website platform
states "it is not responsible for dissatisfaction if the
donor or beneficiary uses the donations that have
been raised on the site and sites belonging to third
parties. Sites belonging to third parties are not
responsible for what happens if the donation has
been submitted/given to the campaigner. Events that
may occur such as embezzlement, theft, and also any
action that causes the loss of donation funds.
In various circumstances, Platform Users
(Campaigners) can pay for losses or avoid causing
loss of funds on donations. Under any
circumstances, Platform Users (officers, employees,
director agents and others) from any losses on any
costs, losses, expenses and damages that exist and
originate from claims or claims from Third Parties
arising from any violation of Platform Use against
the ruleson the use of the Platform, and/or a
violation of the rights of third parties. Platform
owners are also not responsible for the abuse and/or
violation of Intellectual Property Rights that have
been carried out by campaigners in their campaigns.
If the campaigner promises something to the
contributor/donor and a dispute occurs, the Platform
Owner is not responsible for this. Then the donations
that have been collected on the Platform will then be
submitted, and are obliged to provide reports in
terms of the use of funds. However, it must be
emphasized that the Platform Owner is not
responsible for everything that has happened to the
money from the donation that has been disbursed and
handed over to the campaigner. If there is
dissatisfaction of contributors or other Platform
users in the use of the funds that have been collected,
the Platform Owner is not responsible for this.
The Platform owner is not responsible if there is
a theft or a crime such as embezzlement of funds
from the collected donations and causes the loss of
funds. The embezzlement of funds is not charged to
the payment of compensation in claims and claims
from Third Parties caused by a violation. Platform
users who participate and are concerned with existing
violations are obligated to avoid the Platform
Owners who also involve the board of directors and
employees if any loss costs arise. The absence of
compensation in any form from the Platform Party if
at any time there is a suspicious campaign, in the
case of an existing problem, the user must be able to
help the platform to solve the problem. If it is found
that a Platform Owner site user violates the existing
terms and conditions, an email notification will be
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given to the user about any violations that have
been made, or a sanction will be given.
That way there will be an elaboration of what
terms and how the terms and conditions are, which
concludes that, if there is a misappropriation of
funds that occurs in a campaign, then there is no
accountability on the part of the Platform Owner. If
another dispute occurs, the Platform Owner will
resolve the dispute by way of deliberation so that a
consensus can be reached first. If it turns out that
the dispute cannot be resolved using deliberation,
then it will be treated using legal channels, through
alternatives that exist in dispute
resolution.(Kitabisa.com, 2022)
Platform, for example, is a professional
philanthropic institution with a global scale that can
respond quickly to various problems in the goal of
saving humanity that is extended by means and
various programs using a creative, holistic and
massive approach.
To realize a better world civilization requires the
active involvement of all elements of society. With
the active involvement of all elements of society in
the desire to realize world civilization for a better
future. Site users must have an obligation to show
themselves as someone who is very capable in the
eyes of the law in order to have a liability for
actions and omissions or in the form of violations of
the terms and conditions of site users. Data and
information must be provided correctly, not
misleading and without falsification. One thing
that is prohibited on the site is that it is not allowed to
provide or provoke other parties to provide incorrect
data and information, falsify data or information
from other parties. Prohibition of doing and ordering
other parties to take all actions that can cause a
violation of either part or all of the intellectual
property rights originating from the site manager and
other site users. It is forbidden to do or order other
parties to take any actions that can interfere with,
damage and limit the system on the site.
It is forbidden to do or instruct other parties to
take any action that would be against the law by
violating decency, or violating the rights of the
manager or the rights of other site users.
Generally, institutions in the form of foundation
legal entities already have an operating activity
permit from a regional government. The Foundation
also has a permit from PUB (Collecting Money
and Goods) by the Ministry of Social Affairs from
the Decree of the Minister of Social Affairs for
general categories for categories such as Disasters,
the permit is renewed every three months in
accordance with applicable regulations in Indonesia.
PUB permits can be viewed using the QR code on
the official website. Public accounting firms give a
predicate in a financial audit process for 14 years
without a break: Unqualified/WTP to the institution.
The results of the achievement of income is a moral
imperative in public fund management institutions.
The institution hopes that the best achievements are
taken seriously as an organizational standard in
managing the mandate. The transparency of
fundraisers through financial reports can be
accessed.(ACT, 2022)
4.3 Rights of Donors to Know
Information about Transparency
of Use or Distribution
Crowdfunding allows founders of nonprofit, arts and
culture businesses to fund efforts by attracting
relatively small contributions from a relatively large
number of individuals with internet use and without
standard financial intermediaries.(Mollick, 2014)
Donors or donors have the right to know what
campaigners. But is it an obligation for the recipient
of the donation or the campaigner to explain that the
donation funds are used, distributed, or distributed?
This then becomes the main issue in this paper.
There are at least three parties who have a
correlation related to online crowdfunding or online
fundraising activities that are de facto currently
happening, namely: (1) Fundraising Platform,
namely the owner of the website where the
campaigners use their services. Returns from users
of this website (Campaigner) The Fundraising
Platform collects 5% of the donations it collects; (2)
Campaigner , namely the Party who uses the
website facilities owned by the Fundraising
Platform , where he will get 95% of the proceeds
from his fundraising on the Fundraising Platform;
and (3) Donors, namely donors. The following is the
relationship between the parties:
Chart 3: Legal Relations of Donors, Fundraising Platforms,
and Campaigners.
Crowdfunding relies on the Internet to seek
financial support from the general public. Kromidha
tested the success factors in the social capital
network of the 5000 most funded projects on
Kickstarter.com. He first looked at how fundraisers
and supporters identified themselves with the
projects they supported on their own social
networks. These are modeled using Facebook
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friendships and Facebook, sharingrespectively,
guided by social identity theory. It uses signal theory
to investigate crowdfunding based on the ability of
supporters and fundraisers to engage in forums,
modeled using the number of comments between
them, or by unilateral signaling using the number of
updates from the fundraiser. Kromidha's study
shows that funders and backers who identify with
projects on their own social networks are associated
with a higher pledge/supporter ratio. He also found
that projects in which fundraisers and their
supporters exchanged more signals in the joint
forum, but not signals that were imparted
unilaterally by the fundraiser, had a higher
pledge/support ratio. These findings, based on
measured quantitative studies, highlight the
importance of a multitheoretical approach, advance
social identity theory and signal theory in the context
of crowdfunding, and can be applied to both online
and normal entrepreneurial environments.(Kromidha
& Robson, 2016)
How does online information affect investors'
decisions? According to Sheng Bi, Funders or
investors have various accesses to information from
a project or product in making investment decisions.
So what types of information most influence
investor behavior? website crowdfunding Chinese.
It was found that the signal quality and electronic
word of mouth had a significant positive influence
on the investment decisions of funders. The results
were found if the number of forewords was greater
and the number of videos felt that the project was of
higher quality by the funder, and the number of
'likes' was higher and there was an online rating that
made the funder feel that the project had good
electronic quality.(Bi et al., 2017)
4.4 Dispute Resolution Between
Donors and Fundraisers
Litigation financing has long been a controversial
topic. The legality of litigation financing has been
challenged on many occasions with strong
arguments both for and against the practice. As with
crowdfunding itself, litigation financing for this field
is relatively new as well. Its litigation practice
involves providing loans to Plaintiffs who need
funds for relatively high-value lawsuits in exchange
for large payments for the success or settlement of
their cases.(Elliott, 2018) swelling costs of civil
cases have caused many Defendants and Plaintiffs to
be unable to meet legal fees such as attorney fees,
cxourt fees and others. This significantly affects
their ability to sue or defend themselves effectively.
Related to this phenomenon are ethical discussions
around access to justice and crowdfunding. This
article explores the dimensions that explain the
phenomenon of crowdfunding litigation.
(Raghupathi et al., 2021) In the 1980s, experts
touted Alternative Dispute Resolution (APS) as a
reasonable way of resolving disputes. APS keeps
parties away from potentially reputation-damaging
courts. Carver postulates that the 'Winners' of
litigation are almost the same as the 'Losers'. Over
the next few years, more than 600 major institutions
adopted this APS policy and this turned out to be a
significant saving of time and money in the dispute
resolution process, when compared to litigation
settlement efforts.(Carver, B & Vondra, A, n.d.)
Basically every conflict that occurs proceeds
through the stages of a dispute, namely: The First
Stage, which begins with the existence of
'complaints' from one party to another party, both
individuals and groups. Several parties complained
that they felt their trust or rights had been violated,
felt that something was not right, their reputation
was damaged, or their hearts were hurt. This initial
condition can be described
as the 'pre-dispute' stage
and tends to lead to 'confrontation'. The second
stage, if there are other parties showing a negative
reaction such as a hostile
A Difference Opinion
The concept and terminology of 'disagreement', in
the form of a sentiment or disagreement or
resistance to a certain matter. Another familiar term
for 'difference of opinion' is 'ikhtilaf' which means
'difference of opinion' or 'dispute of opinion'. The
important things related to 'difference of opinion':
(a) Each person must have a different mindset.
Different patterns of thinking have an effect
on analyzing. an event/occurrence;
(b) It must be understood that you cannot force
others to agree with an opinion, because there
are different opinions from everyone. This
reflects that a party cannot arbitrarily invite
other parties to force an agreement;
(c) Each party has its own interests. Opinions will
affect the other party and may be detrimental
to the other party. Therefore, differences of
opinion always occur; (d) differences of
opinion give birth to the importance of respect
for other parties. The attitude of respect for
the other party will be the basis for thinking
to be wiser and make the difference to be
reconciled as soon as possible; and
(d) Each party must have a reference that is used
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as a role model. Sometimes one party tends to
live life with the motivation that comes from
his role model and justifies his actions based
on his role model's mindset;
B Dispute
Or 'dispute' in substance contains an 'a disagreement
(a disagreement)'. Disputes are disagreements or
controversies, which then often continue or lead to
legal proceedings (rise to a legal proceeding). The
legal process is like alawsuit. Theopposing
partiesare said tobe adverse to one
another.(Merriam-Webster, n.d.) A 'dispute' or
'dispute' is in the form of a difference in the interests
of two or more parties. Disputes are characterized
by differences of opinion or perception, both in the
private and public spheres. Disputes can occur
between individuals, individuals with groups, or
groups with groups.(Dedy & Yuliana, 2015)
Gradations in disputes are categorized as not having
a broad impact.
C Conflict
The term conflict refers to a 'state of disagreement'.
(Differencebetween.com, 2015) attitude to the
emergence of these complaints. In the context of
'disagreement', there are at least four terms and
stages, namely:
'Conflict' is a situation when two or more parties are
faced with different interests'. This cannot develop if
the party who feels aggrieved can only harbor a
feeling of dissatisfaction. The conflict has had a
wide impact, even being identified with a crisis
atmosphere. Verbal controversy conflicts with
questioning or doubting his honesty (question or cast
doubt upon Her honesty) which he sometimes never
disputed (was never disputed).(Merriam-Webster,
n.d.) Conflict boundaries: (1) disagreement; (2)
contradiction or incompatibility. In essence, conflict
starts from the mind, concerning (a) one's own
existence; or in question (b) there is a context with
other people.
D Terminology Cases
'Case', namely disputes that are handled and
resolved through court institutions or litigation.
There is no generally agreed definition of litigation.
Most of the court literature does not attempt to
define the term litigation. Litigation, in ordinary
speech, refers to an action that is contested in court.
Litigation in general terms, refers to actions
contested in court (refers to actions contested in
court). This involves a claim, dispute, or conflict,
and theuse of a specific institutionto resolve that
conflict or dispute.(Friedman, 1989)
Chart 4: Dispute Hierarchy Terminology.
Timothy cites the opinion of Malley-Morrison and
Castanheira that there have been many studies that
focus on the issue of the characteristics between
'dispute' and 'conflict'. However, because of these
two constant terms, many studies have replaced the
term 'conflict' with the term 'dispute', or conversely
the term 'dispute' with the term 'conflict'.
Practitioners can often extract the meaning from
two points of view to justify their point of view. For
this purpose, it should be understood that the
separation of conflict types can be helpful in practice
when resolving a case. The 'dispute' resolution
technique, however, may be too simple for a
conflict. Proficiency in these two characteristics will
help hone skills, and ultimately result in a more
accurate and quality completion rate.(Friedman,
1989)
4.5 Regulations, Institutions and
Dispute Resolution Mechanism
Provisions on Public Information Disclosureupdated
refer to Law Number 14 of 2008 concerning Public
Information Disclosure (UU 14/2008); Government
Regulation 61 of 2008 on the Implementation of Law
14 of 2008 on KIP; Perki 1 of 2021 concerning
Public Information Service Standards; Perki 1 of
2013 concerning Procedures for Settlement of Public
Information Disputes; and Perma 2 of 2011
concerning Procedures for Settlement of Public
Information Disputes in Court. Law Number 14 of
2008 concerning Public Information Disclosure (UU
KIP), in particular Article 23 stipulates that one of
the functions of the Information Commission is to
resolve public information disputes through:
(1) 'Mediation'; and/or
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(2) Non-litigation adjudication.
In addition, there is no other institution or
institution that is tasked with receiving, examining
and deciding disputes on public information other
than the Information Commission. The mandate of
UU KIP is as an information dispute resolution
which has absolute authority from the Information
Commission. Information dispute resolution has a
strong decision and is equivalent to a court decision,
even though it is included in the non-legality
category carried out by the Information
Commission. (Dyah, 2015)
4.5.1 Sub Subsection Titles
Revolves around: (1) legal relationship between the
Parties involved (Donor, Fundraising Platform,
Campaigner, and final Beneficiary); (2) those who
deviate funds receive legal liability (3) There is
legal protection for those who are harmed, and does
not regulate the collection of donations online,
which causes the potential to cause irregularities; (4)
legal liability for campaigners; (5) legal protection
for campaigners which discusses legal relations, as
well as legal arrangements for campaigners. The
following is the Scope of the Dispute and its Parties:
Chart 5: Juridical Aspects of the Dispute and the Parties.
Disputes public information from both parties with
the help of a mediator from the information
commission using mediation. The Information
Commission has the characteristics of mediating
disputes in a different way compared to mediation in
general which is carried out in general courts.
Mediation functions by being attached to each
member of the Information Commission. Each
Member is ex offcio authoritative to become a
Mediator based on the authority granted by the Law
on Public Information Disclosure. Even though the
principles of mediation are generally adopted and
applied in a mediation by the Information
Commission, but specifically in accordance with its
authority as referred to in Article 26 Paragraph 2
letter a of the KIP Law, the Information
Commission can "stipulate rules" regarding the
procedure for implementing dispute mediation.
public information. Based on this, Information
Commission Regulation No. 1 of 2013 was
stipulated on Procedures for Settlement of Public
Information Disputes.(Dyah, 2015)
Chart 6: Informattion Dispute Resolution Procedure.
Term Mediator in Mediation at the Public
Information Commission, the parties carry out a
negotiation process to seek a resolution to a Public
Information Dispute without deciding and imposing
a settlement assisted by the commissioners. Besides
'Mediator', the term 'Auxiliary Mediator' is also
known, namely commissioners in the Information
Commission who use other people in their duties to
assist mediators. The Parties in an 'information
dispute' are used as 'Applicant' and 'Respondent', i.e.
they or the Parties who will be part of an
information dispute conducting mediation.
Mediation in public information disputes can also
use the caucus instrument, namely a meeting
between the mediator and one of the parties without
the presence of the other party. The results of the
mediation are then recorded in the 'Minutes of
Mediation', which contains a resume or report notes
made by the mediator.contents are statements of
information and the course of negotiations during
the mediation process. The results of the 'Mediation
Agreement' are still returned and made or decided
by the Parties themselves. As for the 'Statement of
Failed Mediation', made by the Mediator. Contains
the parties' disagreements to resolve and move on to
end information disputes, whether by amicable or
incorrectly. Parties withdraw from mediation.(Dyah,
2015)
The implementation of dispute mediation in
public information is free of charge. The mediation
process on information disputes, like other disputes,
is closed. Exceptions become open if the Parties so
wish. Even though it is closed, in the practice of
mediating public information disputes, in addition to
the Petitioner, Respondent and Mediator, the
presence of Information Commission staff is present
during the mediation process which aims to provide
administrative technical support during the
mediation in accordance with the recording and
writing of the entire mediation process and its
results. The presence of Information Commission
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staff, is required for the mediator to inform the
Parties when mediation begins. Mediation within
the Information Commission was held only once. If
there is not enough time, it can be continued within
a period of no later than 14 working days from the
start of mediation and can be extended again for a
period of no later than seven working days. The
place for the Mediation to be held is at the
Information Commission office; or at the office of a
Public Agency that is not related to the dispute (not
the Respondent). It can also be in a neutral place as
long as it is agreed by the parties and the costs are
the burden of the parties. (Dyah, 2015) In contrast to
mediation in general, for public information
disputes, it is not free to choose a mediator for the
Parties. The chairman of the Information
Commission determines the selection of mediators.
Even if the appointment of a Mediator is
determined, the parties can make a request for a
replacement of the mediator. If it is known that
one of the proxies is related by blood or marriage to
the third degree, or the relationship between husband
and wife even though they are divorced, then the
mediator in the dispute over the information is
obliged to resign. Also obliged to resign, when there
is an interest directly or indirectly in the case of the
parties or their proxies. If the parties are aware of
this condition, the Parties may apply for a
replacement of the Mediator. In the case of
information disputes, caucuses can be held at any
time during the mediation process. The
implementation can be at the request of the Parties
or it can also be the initiative of the Mediator.
(Dyah, 2015)
The results of the mediation are: (1) Mediation
Agreement, in the event that the mediation is
successful; (2) A statement if mediation fails, in the
event that a mediation is unsuccessful. The
agreement reached in only a few parts often occurs
in the practice of mediating public information
disputes. When this situation occurs, it must be stated
in the Minutes of Mediation.contents must include
what is agreed and what is not agreed upon. Failed
in mediation if: (a) there are parties who declare the
mediation process failed in writing; (b) there is
withdrawal from negotiations either by one of the
parties or by the parties; (c) during the mediation
period no agreement has been reached; (d) Absence
for two times for no apparent reason. The mediator's
obligation to record the entire process during
mediation. The mediator may electronically record
the entire 'mediation process' based on the
agreement of the parties. All statements or
documents revealed in the Mediation process
cannot be used as evidence in adjudication or in
court proceedings. (Dyah, 2015)
4.5.2 Community Recipients &
Fundraisers as a Public Agency
Crowdfunding via the Internet, is a new way of
fundraising techniques for small businesses. This
can benefit fundraising companies by helping to
overcome funding difficulties, providing added
value, facilitating access to further funding,
providing publicity and contacts, and enabling
fundraising with only limited loss or no loss of
control and ownership. (Macht & Weatherston,
2014) beneficiary is involved in an information
dispute in the form of an online report, so the
'Recipient of Crowdfunding' and 'Fund Collector'
must be a 'public body'. In Indonesian law, there are
three criteria for public bodies, namely: (1)
executive, legislative, judicial institutions; and (2)
other agencies whose main functions and duties are
related to the administration of the state, part of or
whose funds are sourced from a State Revenue and
Expenditure Budget and/or Regional Revenue and
Expenditure Budget; or non-governmental
organizations as long as part or all of which is
sourced from the State Revenue and Expenditure
Budget and/or Regional Revenue and Expenditure
Budget, public donations, and/or also abroad. Based
on this third criterion, both online crowdfunding
and online fundraising meet the requirements to be
called a public body with its relationship to the
source of funds originating from public donations,
domestically and also abroad. (Nugroho, 2022)
However, Public bodies have the right to refuse
to provide information that has been excluded in
accordance with the provisions of the legislation. If
it is not in accordance with the provisions in the
legislation, the Public Agency has the right to refuse
to provide Public Information. Public Agency
cannot provide Public Information as intended, it
can be in the form of information that can harm the
state; information relating to the interests of
protecting business from unfair business
competition; information relating to personal rights;
information relating to job secrets; and Public
Information that has not been authorized or
documented. The obligations of a Public Agency are
to provide, provide, and publish Public Information
which is under their authority to Applicants for
Public Information, in addition to information that is
exempted in accordance with the provisions. Public
Agency must provide Public Information accurately,
correctly and not misleadingly. In carrying out these
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obligations. There must be development and
development of information systems and
documentation in the management of public
information properly and efficiently carried out by
Public Bodies so that they can be accessed easily.
There must be a written consideration in every
policy made by a Public Agency to fulfill everyone's
rights to Public Information. What is meant by
consideration is to include economic, political,
social, cultural and defense considerations as well as
state security. Public bodies can take advantage of
electronic and non-electronic media to fulfill their
obligations.
Online crowdfunding and online fundraising are
required to announce regularly, regularly, and
within a certain period of time every six months.
Information that is disseminated must be conveyed
in a way that is easily accessible to the public and in
a language that is easy to understand. Information
includes: (1) information related to the Public
Agency, such as the profile, management, position,
purpose and objective of establishing a public
agency; (2) Public Agency performance and
information from activities; (3) information on
financial reports; (4) all information that has been
regulated in the legislation. Then there is also
Passive Information.
In obtaining it must be done by submitting a
request; Performed mandatory and routine and
provided by public bodies; Information that is
mandatory and available at all times includes:
All information registered in the control of public
bodies; Consideration of the decision of the Public
Agency; Supporting documents and Public Agency
policies; Annual budget of the project plan;
Agreements by Public Bodies with third parties;
Information at meetings that are open to the
public; Work procedures related to public services;
Information access service reports; Other
information that has been declared open to be
accessed by the public based on the decision of the
Dispute in Public Information.
Must be available by Non- Governmental Public
Bodies at all times, is the principle and purpose;
organizational programs and activities; name,
address, up to the management structure, and all
changes thereof; management and use of funds
contained in the State Revenue and Expenditure
Budget or Regional Revenue and Expenditure
Budget, community donations, or foreign sources ; a
mechanism for making an organizational decision;
and organizational decisions; as well as other
information stipulated by the laws and regulations.
Chart 7: Information Dispute Non-Litigation Adjudication
Mechanism.
4.5.3 Community Recipients &
Fundraisers as a Public Agency
The Board of Commissioners conducts examinations
relating to excluded documents, apart from that the
adjudication hearings are open to the public. In the
trial process, the Board of Commissioners is
active. Confidentiality of documents carried out in
an examination relating to all types of documents
must be maintained by the Board of Commissioners,
including the exceptions referred to in Article 17 of
Law Number 14 of 2008 concerning Openness of
Public Information. The applicant and/or his proxies
cannot see or examine the documents as referred to
in Paragraph 1 of the KIP Law. The adjudication
process includes:
(1) Initial Examination;
(2) At the Local Inspection;
(3) Conclusion on the Parties;
(4) Interim Decision;
(5) Decision of the Information Commission.
The following are the details: Preliminary
Examination:
(1) Examine all powers of the Information
Commission (Absolute and Relative
competence);
(2) Examine the various legal positions of the
parties or their proxies;
(3) Checking the application period for
information dispute resolution;
(4) Check for reasons and exceptions.
Local Examination, the Board of Commissioners
may carry out various local examinations to obtain
evidence with the assistance of the Registrar and
may also be accompanied by the Petitioner and/or
Respondent upon all considerations of the Board of
Commissioners. (Article 56).
Conclusion of the Parties The parties may submit
their conclusions in oral or written manner. The
parties in submitting their conclusions in writing
within the period determined by the Board of
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Commissioners after the proof stage and declared
complete. (Article 57 Perki PPSIP). Interim
Decision, In the event that the application for
dispute resolution information does not meet the
requirements for the timeframe for filing a dispute
settlement, the legal standing of the parties, absolute
and relative competence, the board of
commissioners may issue an interim decision.
Decisions of the Information Commission,
Decisions of the Information Commission can be in
the form of: (1) Final Decisions, in the event that the
board of commissioners considers that it is not
necessary to make an interim decision, then the
entire subject matter of the case will be decided in
the final decision; or (2) False Decision, in the event
that the Petitioner and/or his/her proxy is in the
mediation/adjudication session and does not come
after being properly summoned by the clerk, the
board of commissioners may render the decision null
and void. As for the efforts in resolving information
disputes.
Chart 8: Information Dispute Litigation Mechanism.
5 CONCLUSIONS
Rights of Donors (Donors) to know information
about transparency of its use or distribution as long
as it is not related to information which is kept
secret. Donors can request information not on online
crowdfunding as well as online fundraising, but
from the Campaigner; Dispute Resolution between
Donors and Campaigners can be done in : the realm
of information disputes with two stages of dispute
resolution, namely: first, through the Non-Litigation
Mediation and Adjudication forum. If mediation
fails, the steps then through a non-litigation
adjudication trial. If the non-litigation stage is not
resolved, then the litigation mechanism can be
continued through the Court District Court or State
Administrative Court, according to its position; The
institution that carries out dispute resolution is the
Information Commission lembaga and the Dispute
Resolution Mechanism as referred to above, namely
the stages Mediation and non- litigation adjudication
stages. Institution that carries out the settlement
litigation disputes, namely the District Court or State
Administrative Court up to Supreme Court.
ACKNOWLEDGEMENTS
We, as authors of this journal, would like to thank
those who contributed in carrying out this research,
especially the Faculty of Law, in particular, we
thank the parties and institutions that have funded
this research, namely the Ministry of Education and
Culture and the Education Fund Management
Institute (LPDP). In the 2021 HUMANITARIAN
RESEARCH SCIENTIFIC RESEARCH
PROGRAM entitled Regulatory Audits and
Optimization of the Philanthropy Contribution of
Herbal Medicine Health in Combating Covid-19 in
Indonesia. This includes those who have helped in
improving the writing of this journal, and once again
with many thanks to other parties who have
contributed.
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