scholarly journals Perlindungan Hukum Bagi Investor Terkait Pembubaran Badan Hukum Reksa Dana

2021 ◽  
Vol 2 (3) ◽  
pp. 555-561
Author(s):  
I Gede Satyawan Pradnya Wiguna ◽  
I Nyoman Budiartha ◽  
Desak Gde Dwi Arini
Keyword(s):  
Mutual Funds ◽  
Mutual Fund ◽  
Legal Protection ◽  
Legal Entity ◽  
Secondary Sources ◽  
Investment Manager ◽  
Product Protection ◽  
Article 50 ◽  
The Right ◽  
Legal Consequences

Mutual funds are investment instruments regulated in regulation number 23/POJK/04/2016 concerning mutual funds, as a guide for investment managers, protecting the rights of investors, investors are not careful in choosing mutual fund products and determining the right and safe investment manager so that legal protection is needed for Mutual Fund Investors. The purposes of this study are to analyze the legal consequences for investors related to the dissolution of a mutual fund legal entity and legal protection for mutual fund investors related to the dissolution of a mutual fund legal entity. The method used is normative legal research with a statutory approach. The technique of collecting legal materials is done through recording and documentation studies. Primary and secondary sources of legal materials are used as sources of legal materials in this study. Then, the legal materials and data are managed using interpretation analysis. The results of the study show that the legal consequences for investors related to the dissolution of the mutual fund managing legal entity are regulated in article 50 of the OJK Regulation if the mutual fund product is dissolved the investor cannot resell after the dissolution of the mutual fund product, protection for mutual fund investors is related to the dissolution of the mutual fund managing legal entity, if there is a loss to the mutual fund product caused by the investment manager, the investment manager must be responsible for the loss due to his actions

scholarly journals PERLINDUNGAN HUKUM TERHADAP INVESTOR DALAM INVESTASI MELALUI REKSADANA SYARIAH DI IDONESIA

2020 ◽  
Vol 16 (2) ◽  
pp. 37-49
Author(s):  
Arif Effendi
Keyword(s):  
Mutual Funds ◽  
Financial Institutions ◽  
Mutual Fund ◽  
Islamic Law ◽  
Legal Protection ◽  
Profit Sharing ◽  
Operational Mechanism ◽  
Positive Law ◽  
Investment Manager

Arif Effendi, Legal Protection to Investors in Investment trough Sharia Reksadana (mutual funds) in Indonesia. This paper talk about legal protection to investors in Sharia Reksadana under sharia principles or Islamic law and Positive law in Indonesia. Reksadana is an instrument used to raise funds from the investor community to be reinvested in securities portfolio by the Investment Manager. Sharia Reksadana is a mutual fund that operates under the terms and principles of Islamic Sharia, either in the form of a contract between the owner of the property (sahib al-mal) and the Investment Manager as the representative of shahib al-mal, or between the Investment Manager as a representative of shahib al-mal with investment users. The operational mechanism in Sharia Reksadana between Investor and Investment Manager is done by wakala system. Meanwhile the operational mechanism between Investment Manager and Investment user (mudharib) is done by mudaraba system. Non-bank financial institutions such as Sharia Reksadana based on their operations using sharia principles. In that principle, prohibited all elements that are not in accordance with sharia. That are Riba (usury), Gharar (uncertainty), Maysir (gambling/speculation), etc. Wakala system, mudaraba system, and positive law agreement are needed to protect the investors. Profit sharing is the most appropriate system as a substitute for interest, to avoid riba (usuary). Sharia Reksadana is one of financial institutions that implements a system of profit sharing in the agreement in what we call mudaraba system. By implementing profit sharing sistem it is hoped to be free from riba (usury).

scholarly journals The Basics of Good Faith and Good Intention in Land Purchase System in Indonesia

2020 ◽  
Vol 1 (4) ◽  
Author(s):  
Zaldi Pratama Bagus Putra
Keyword(s):  
Legal Protection ◽  
Land Rights ◽  
Good Faith ◽  
Legal Certainty ◽  
Binding Force ◽  
Land Title ◽  
Good Intention ◽  
The Right ◽  
Legal Consequences ◽  
Legal Procedures

The legal consequences of the issuance of the land title certificate whose application is made by a party who is not the right holder / owner is legally flawed. Issuance of a legally invalid certificate and no binding force and cancellation by the court. The defendant obtains a parcel of land through an auction, the auction is proven by photocopies of the auction object certificate, according to Article 21 of the 2016 Bidding Guidelines that the registered land auction must include an original certificate, so The Defendant did not go through the correct legal procedures. For the issuance of a double certificate for the same land field, the buyer of the land field loses the ownership certificate that is purchased by another party as a buyer with good intentions, because it has been carried out in accordance with the correct legal procedure, which means that the purchaser's certificate is guaranteed legal certainty. Legal protection for the purchaser of good land rights, that the buyer as a buyer has good intentions, with the issuance of the HGB certificate Number 181 Village / Cicau Village covering an area of ​​26,700 m2 in the name of the Defendant, is impaired, so that legal protection provided to the Plaintiff is filing an objection to the issuance HGB certificate to the Land Office as a preventive legal protection. 

scholarly journals ASPEK HUKUM REKSA DANA KONTRAK INVESTASI KOLEKTIF SEBAGAI TRUSTS [Legal Aspects of Mutual Funds in the Form of Collective Investment Contracts as Trusts]

Law Review ◽  
2020 ◽  
Vol 20 (2) ◽  
pp. 246
Author(s):  
Yosephus Mainake
Keyword(s):  
Mutual Funds ◽  
Mutual Fund ◽  
Stock Exchange ◽  
Legal Aspects ◽  
Comparative Approach ◽  
Legal Tradition ◽  
Anglo Saxon ◽  
Conceptual Approach ◽  
Investment Manager

<p><em>The Capital Market Law, which carries with it the trust institutions, contains provisions regarding collective investment contract mutual funds (RD KIK) that produce securities in the form of participation units, which are traded on the stock exchange. In RD KIK, there is a trust relationship between the unit holder of the custodian bank and the investment manager. The legal relationship in the concept of collective RD KIK is similar to what happens in trusts. In the Anglo-Saxon legal tradition, mutual funds are often referred to as unit trusts and/or investment trusts, where the sponsor acts as a settlor who hands over his assets to the trustee, the sponsor acts as the settlor in the trusts as well as the unit holder in a collective investment contract mutual fund. In connection with these problems, normative legal research is carried out using a statute approach, a conceptual approach and a comparative approach. The method used in analyzing this research is qualitative analysis. So, it can be seen that the role of the custodian bank and investment manager acts as a trustee, where the custodian bank is given the authority to carry out collective custody of the assets of the joint investment contract unit holder. The investment manager is given the power to manage or control the assets submitted by the sponsor or settlor in the concept of trusts law. Thus, it can be said that the RD KIK concept is similar to the idea of trusts because it fulfills the elements of trusts.</em></p><p><strong>Bahasa Indonesia Abstrak: </strong>Undang-Undang Pasar Modal yang membawa serta pranata <em>trust</em> di dalamnya terdapat ketentuan mengenai reksa dana kontrak investasi kolektif (RD KIK) yang melahirkan efek dalam bentuk unit penyertaan, yang diperdagangkan di bursa efek. Dalam RD KIK, terdapat hubungan kepercayaan antara pemegang unit penyertaan terhadap bank kustodian dan manajer investasi. Hubungan hukum dalam konsep RD KIK kolektif ini mirip yang terjadi dalam <em>trusts</em>. Dalam tradisi hukum Anglo Saxon, reksa dana sering kali disebut dengan <em>unit trusts</em> dan atau <em>investment trust</em>, yaitu sponsor bertindak sebagai settlor yang menyerahkan harta kebendaanya kepada <em>trustee</em>, sponsor sebagai <em>settlor</em> dalam <em>trusts</em> sama halnya dengan pemegang unit penyertaan dalam reksa dana kontrak investasi kolektif. Sehubungan dengan permasalahan tersebut, dengan ini dilakukan penelitian hukum normatif dengan menggunakan pendekatan undang-undang, pendekatan konseptual dan pendekatan perbandingan. Cara yang digunakan dalam menganalisis penelitian ini yakni analisis kualitatif. Maka dapat dilihat bahwa peran bank kustodian dan manajer investasi bertindak sebagai <em>trustee</em>, di mana bank kustodian diberi wewenang untuk melaksanakan penitipan kolektif terhadap harta pemegang unit kontrak investasi kolektif dan manajer investasi diberi wewenang untuk melakukan pengelolaan atau penguasaan terhadap harta yang diserahkan oleh sponsor atau settlor dalam konsep hukum <em>trusts</em>. Dengan demikian, dapat dikatakan bahwa konsep RD KIK mirip dengan konsep <em>trusts</em> karena telah memenuhi unsur-unsur <em>trusts</em>.</p><p><strong>Kata Kunci: Reksa Dana Kontrak Investasi Kolektif, <em>Trusts</em></strong></p>

scholarly journals Kinerja Reksa Dana Saham Dengan Menggunakan Metode Sharpe, Trenyor Dan Jensen Pada Periode Januari 2014 Sampai Desember 2015

2019 ◽  
Vol 2 (2) ◽  
Author(s):  
Methirana Dan Indra Widjaja
Keyword(s):  
Data Collection ◽  
Mutual Funds ◽  
Mutual Fund ◽  
Return On Investment ◽  
Research Method ◽  
Stock Exchange ◽  
Investment Policy ◽  
Objective Performance ◽  
Equity Funds ◽  
Investment Manager

The purpose of the research is to analyze the types of equity funds in the stock market and analyze the performance of the funds equity method using sharpe, trenyor methods, and methods of jensen. The research method used is the method of data collection and processing of data by calculation in accordance with methods of sharpe, treynor method and methods of jensen. Method of data collection is composed of effective data from the website of the stock exchange. Calculation method consists of a method of sharpe, treynor method, and methods of jensen. The benefits of this comparison can give you an idea about the objective performance of mutual funds in Indonesia as one of the considerations for investors and potential investors in choosing the best mutual fund, and to an investment manager with the research expected to provide knowledge about the Investment Manager on the performance that they do. In addition to knowing the competition industry mutual funds in Indonesia so as to provide a reference for an investment manager as a determinant of investment policy to increase the return on investment and minimize risk. As well as for the community Provide knowledge and information on the performance of mutual funds in Indonesia.

scholarly journals The Performance of Sharia Equity Fund Investment Manager

2020 ◽  
Vol 1 (1) ◽  
pp. 81
Author(s):  
Anni Maftukhah
Keyword(s):  
Mutual Funds ◽  
Mutual Fund ◽  
Linear Regression Analysis ◽  
Fund Raising ◽  
Ratio Method ◽  
Equity Fund ◽  
Turnover Ratio ◽  
Investment Manager ◽  
Fund Investment ◽  
Fund Size

Sharia mutual funds are fund raising activities from investors to be managed by investment managers with sharia-based management, namely by not investing funds in companies whose types and scope of business are not in accordance with Islamic sharia. This study was conducted to determine the effect of turnover ratio, expenses ratio, fund size, managerial tenure, and fund selection skills on the performance of sharia mutual fund investment managers in Indonesia. The data used in this study are monthly Net Asset Value, BI rate, IHSG, annual turnover data, annual expenses ratio data, and prospectus of 9 sharia stock mutual funds from December 2014 to December 2018. Samples were taken based on the purposive sampling method during this research. The measurement of the performance of sharia equity fund investment managers uses the Sharpe Ratio method. The method used is multiple linear regression analysis and classic assumption tests using descriptive statistical tests, multicollinearity tests, and heteroscedasticity tests using EVIEWS 10 statistical software. The results of this study indicate that turnover ratio, fund size, fund selection skills significantly influence performance Islamic mutual fund investment manager. While expenses and managerial tenure ratios do not significantly influence the performance of investment managers in Islamic mutual funds.

The Municipality as Controlling Shareholder and the Applicability of Law Relating to Groups of Companies

2013 ◽  
Vol 12 (1) ◽  
pp. 127-143
Author(s):  
Peter Podgorelec ◽  
Borut Bratina
Keyword(s):  
Legal Protection ◽  
Minority Shareholders ◽  
Controlling Shareholder ◽  
The Right ◽  
A Company ◽  
Legal Consequences

In the opinion of the authors, the rules of concern law (law relating to groups of companies) included in the Slovenian Companies Act (ZGD-1) must also be applied analogically in cases where municipalities become controlling shareholder in a company. The municipality and one or more companies in which the municipality is a controlling shareholder, form a de facto concern. This gives rise to a number of legal consequences, most importantly to the obligation to draw up a dependence report, to the liability of the municipality and the mayor for damages to the controlled company and to the right of every controlled company’s shareholders to file actio pro socio. Accordingly, legal protection of the controlled company, its minority shareholders and creditors is increased, coinciding with the purpose of concern law. The rules of concern law are, however, relevant only with regard to those influences on the controlled company exercised by the municipality as the controlling shareholder, and not in the case of a municipality exercising its regulatory prerogatives.

How Conditional Amnesties Can Assist Transitional Societies in Delivering on the Right to the Truth

2017 ◽  
Vol 6 (2) ◽  
pp. 143-175 ◽  
Author(s):  
Jeremy Julian Sarkin
Keyword(s):  
International Law ◽  
Transitional Justice ◽  
Legal Protection ◽  
Transitional Societies ◽  
Post Conflict ◽  
The Status ◽  
The Right ◽  
Legal Consequences ◽  
Made In

This article explores how conditional amnesties can assist post-conflict societies to recover truth. It examines how such amnesties can be used optimally to achieve the best results as part of transitional justice mechanisms. Thus, a central question is to see how amnesties can be used for truth recovery purposes. For that reason, the status and role of amnesties, and whether such amnesties can be used to learn more about the past and assist in truth recovery is explored. The article explores what amnesties are, how prevalent they are and how amnesties can be used optimally to achieve the best results. An issue that is also explored is whether amnesties are needed for perpetrators to participate in transitional justice mechanisms. The argument that is made, in this regard, is that amnesty is absolutely necessary to persuade perpetrators to testify. If they do not have such legal protection, perpetrators fear the legal consequences that may result if they admit to crimes for which they have not been charged. Another question that is examined concerns whether amnesties, and specifically conditional amnesties, pass international law muster. This article therefore investigates the continual and extensive use of amnesty to determine whether a conditional amnesty violates international law. The article suggests how a conditional amnesty process could be structured and what difficulties such a process should avoid if perpetrators are to enter such a process.

scholarly journals PERLINDUNGAN HUKUM TERHADAP KONSUMEN PENERBANGAN DI INDONESIA

2020 ◽  
Vol 2 (01) ◽  
pp. 34-51
Author(s):  
Mega Waty
Keyword(s):  
Consumer Protection ◽  
Legal Protection ◽  
Protection System ◽  
Legal Research ◽  
Flight Delays ◽  
Consumer Rights ◽  
The Right ◽  
Legal Consequences

Pasal 4 butir (c) Undang-Undang Nomor 8 Tahun 1999 tentang Perlindungan Konsumen pada Hak Konsumen untuk mendapatkan hak atas informasi yang benar, jelas, dan jujur mengenai kondisi dan jaminan barang dan/atau jasa. Faktanya masih ada konsumen yang belum mendapatkan haknya seperti yang diatur dalam undang-undang. Penelitian ini bertujuan untuk mengetahui dan menganalisis perlindungan hukum terhadap konsumen penerbangan di indonesia, dan untuk mengetahui bagaimana akibat hukum terhadap maskapai penerbangan yang tidak melindungi konsumen. Jenis penelitian ini adalah Penelitian Hukum Normatif. Hasil Penelitian memperlihatkan bahwa Perlindungan hukum terhadap konsumen penerbangan di Indonesia, tidak maksimal dikarenakan belum efektifnya sistim perlindungan konsumen yang meliputi ganti rugi terhadap barang kehilangan, kerusakan dan keterlambatan penerbangan. Akibat hukum terhadap maskapai penerbangan yang tidak melindungi konsumen, dapat dilaksanakan melalui peradilan (Litigasi) dan diluar pengadilan (non-litigasi), sesuai dengan pelaksanaan perundang-undangan yang ada akan tetapi belum optimal sesuai dengan amanat Undang-Undang Nomor 8 Tahun 1999 tentang Perlindungan Konsumen. Article 4 point (c) of Law Number 8 of 1999 concerning Consumer Protection on Consumer Rights to obtain the right to correct, clear, and honest information regarding the conditions and guarantees of goods and/or services. The fact is that there are still consumers who have not yet received their rights as regulated by law. This study aims to determine and analyze the legal protection of aviation consumers in Indonesia, and to find out how the legal consequences for airlines that do not protect consumers. This type of research is normative legal research. The results of the study show that legal protection for aviation consumers in Indonesia is not optimal due to the ineffectiveness of the consumer protection system which includes compensation for lost goods, damage and flight delays. The legal consequences for airlines that do not protect consumers can be carried out through court (litigation) and out of court (non-litigation), in accordance with the implementation of existing laws but not yet optimal in accordance with the mandate of Law Number 8 of 1999 concerning Protection Consumer

scholarly journals PERLINDUNGAN HUKUM TERHADAP TERSANGKA PADA TAHAP PENYIDIKAN YANG TDAK SESUAI DENGAN PASAL 52 KITAB UNDANG-UNDANG HUKUM ACARA PIDANA (contoh kasus: penangkapan tersangka pemilik ribuan rokok illegal)

2019 ◽  
Vol 1 (2) ◽  
pp. 425
Author(s):  
Andri Tjhin ◽  
Mety Rahmawati
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
International Law ◽  
Research Method ◽  
Legal Protection ◽  
Law Enforcement Officers ◽  
Scientific Paper ◽  
Theory Of Justice ◽  
Article 50 ◽  
The Right

Human rights are the rights attached to every individual and recognized by international law, in practice regarding human rights is regulated to become more specific, namely being the right of the suspect. The KUHAP regulates the rights of suspects precisely in Article 50 until 68. In the case of writing this scientific paper, there are several suspect rights in the stage of investigations that are violated by law enforcement officers, especially article 52, which means there are differences between those stipulated in the law with reality. The research method used is a normative legal research method which is based on primary, secondary, and supported by the results of interviews with related professions, which are then analyzed deductively. The results of this study illustrate that there is legal uncertainty amid law enforcement in Indonesia. Theory of justice, Theory of legal protection and the theory of legal certainty used which essentially becomes a benchmark for conformity of law enforcement in Indonesia.

Legal Consequences of the Marriage Agreement Made by Notaries, Then Not Registered

Authentica ◽  
2020 ◽  
Vol 2 (2) ◽  
pp. 95-120
Author(s):  
Meisha Poetri Perdana
Keyword(s):  
Legal Protection ◽  
Secondary Data ◽  
Third Party ◽  
Primary Data ◽  
The Third ◽  
Marital Property ◽  
The Right ◽  
Legal Consequences ◽  
Joint Property ◽  
Husband And Wife

The marriage agreement is based on Law Number 1 of 1974 Concerning Marriage, a marriage agreement is a means of protecting the assets of a husband and wife, this agreement the parties can determine their respective inheritance. Is there a separation of assets in the marriage from the beginning or is there a shared asset, but the method of division is divided if a divorce occurs. The inheritance of each husband and wife and property obtained as a gift or inheritance, respectively, is under the control of each other as long as the parties do not specify otherwise. The method used in this research is the normative juridical approach. The data used in this paper are secondary data and primary data as a complement to secondary data. The results of research and discussion, namely the marriage agreement that is not recorded or registered, is invalid according to the provisions of Article 29 paragraph (1) of Law Number 1 of 1974. The legal consequences of marital property if the marriage agreement is not registered is that the property becomes joint property and assets default. Legal protection for a disadvantaged third party is by means of preventive legal protection in which a third party has the right to assume that the marriage agreement does not exist, whereas the refractive legal protection that is the third party has the right to file a lawsuit in court. Suggestions that the notary provides guidance to register the marriage agreement deed to the Population and Civil Registry Office in order to obtain validity and publicity. And the marriage agreement must be registered so as not to harm a third party. Keywords: Registration of Marriage Agreement, Marriage Property, Legal Protection of Third Party

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