URGENSI KRIMINALISASI FINANCIAL INFLUENCER ATAS PENYALAHGUNAAN PENGARUH DALAM PENYEBARAN INFORMASI EDUKATIF TANPA KEAHLIAN DI INDONESIA

Abstract

Financial influencers hold significant influence over the financial decisions of millions of followers through financial education content, yet this influence may be abused when the information disseminated falls outside the disseminator's expertise, absent any endorsement relationship or affiliate commission from third parties. This study analyzes the regulation of Indonesian positive criminal law regarding the abuse of influence by educational financial influencers, and assesses the urgency of its criminalization. A normative juridical approach was employed using statutory and conceptual approaches, analyzed through a prescriptive method. The findings reveal that the Electronic Information and Transactions Law, the Consumer Protection Law, the National Criminal Code, and Financial Services Authority Regulation Number 6 of 2026 have not comprehensively regulated the criminal liability of educational financial influencers, given that the educational category under the latter regulation is notably the only category not requiring any expertise. Based on Moeljatno's theory of criminal liability, Hadjon's theory of legal protection, and Barda Nawawi Arief's theory of criminalization, this abuse of influence — whether through intent (dolus) or negligence (culpa) — fulfills all criteria for criminalization. This study concludes that criminalizing educational financial influencers is urgent and recommends establishing criminal norms through statutory revision, accompanied by strengthened expertise certification within existing sectoral regulations.