scholarly journals Tanggung Jawab Perusahaan Perencana Keuangan Penyedia Program Investasi yang Merugikan Konsumen Dihubungkan dengan Teori Kepastian Hukum

2021 ◽  
Vol 10 (3) ◽  
pp. 536
Author(s):  
Vivi Nur Arzy ◽  
Yeti Sumiyati
Keyword(s):  
Capital Market ◽  
Financial Planning ◽  
Company Law ◽  
Legal Certainty ◽  
Literature Study ◽  
Criminal Sanctions ◽  
Financial Planners ◽  
Analytical Research ◽  
Data Collection Technique ◽  
The Capital Market

The principle of responsibility as one of the principles of GCG is reflected in the Company Law that every company may not carry out activities that are contrary to the law. This responsibility principle is also applied to companies engaged in the capital market. Financial planning companies are companies whose activities are connected to the capital market and can support the capital market. However, the regulations regarding financial planners have not been specifically regulated in statutory provisions. The existence of a legal vacuum regarding financial planners is used as an opening to commit violations by one of the financial planning companies so that it results in losses for consumers. This study used a normative juridical approach using a descriptive analytical research specification. The data collection technique used is through literature study using laws, books, journals and the internet related to the topic of the problem which will later be used as a reference for solving problems as part of data analysis. The analytical method used legal construction through the analogy method which is used to find specific provisions that become general provisions so that they can be applied to financial planning companies. The conclusions obtained from this research are: First, the regulation regarding financial planners in Indonesian laws and regulations has not been specifically and specifically regulated so that the existence of financial planners has not received legal certainty. Second, responsibility for financial planning companies providing investment programs that harm consumers can be subject to administrative, civil and criminal sanctions.

scholarly journals KEPASTIAN HUKUM PENYERAHAN PROTOKOL NOTARIS KEPADA PENERIMA PROTOKOL

Acta Comitas ◽  
2017 ◽  
pp. 137
Author(s):  
Ida Ayu Md Dwi Sukma Cahyani ◽  
Yohanes Usfunan ◽  
I Nyoman Sumardika
Keyword(s):  
Legal Issues ◽  
Legal Certainty ◽  
Literature Study ◽  
Criminal Sanctions ◽  
Protection Of Human Rights ◽  
Submission Deadline ◽  
Card System ◽  
Administrative Sanctions ◽  
To Receive ◽  
Legal Consequences

Notary Authority is very important for the parties who make an agreement under the civil law. In performing their duties, notaries are required to maintain their accuracy and prudence, in order to provide justice, without any discrimination, thus providing legal certainty and the protection of human rights of the parties concerned. Under the provisions of Article 63 of the Law on Notary, there has been obscurity and vacuum of norms. The said obscurity of norm is about the certainty of protocols’ submission of notaries which have been overdue as specified on the provisions of Article 63 of Law on Notary Position. The vacuum of norms also mean the lack of certainty about who is responsible for the notary protocols, the absence of the regulations related to who should receive the protocols and the lack of sanctions against the notary who has been designated to receive the protocol by the Regional Supervisor Assembly but was not willing to accept the protocol. These provisions give rise to legal issues namely: what  the legal consequences of Notary Protocols that have not been submitted after the deadline for submission and how the provisions of sanctions against the notary who is not willing to accept the protocols. The type of research used in this thesis was a normative legal research because of the obscurity and the vacuum of norms. The legal materials collection techniques used were a literature study and a card system. To analyze the legal materials, it was used descriptive techniques, interpretation, construction and argumentation theories and concepts associated with the relevant legal issues. The results showed that the Notary Protocol Submission to the recipient of the protocols which have passed the submission deadline resulted in some juridical consequences. The consequences include: Incidence of doubt, the uncertainty associated with the filing of the protocol the Notary. The lack of certainty associated with the accountability to the possibility of loss and destruction of the protocols of Notary. Other consequences that arise are if the parties concerned are unable to obtain a copy of their certificates back in the event of the onset of a dispute between the parties. If the notaries proved to have violated, they can be subject to sanctions. The sanctions that may be imposed on the Notaries if they make any violations are the administrative sanctions, civil penalties and criminal sanctions.

scholarly journals Perlindungan Hukum terhadap Investor dalam Perjanjian Jual Beli Saham Dengan Hak Membeli Kembali (Repurchase Agreement) Yang Diperjualbelikan PT. OSO Securities Cabang Medan

2019 ◽  
Vol 1 (2) ◽  
pp. 109-116
Author(s):  
Erna Sandrawati ◽  
Mahmul Siregar ◽  
Isnaini Isnaini
Keyword(s):  
Qualitative Analysis ◽  
Capital Market ◽  
Civil Code ◽  
Legal Certainty ◽  
Legal Method ◽  
Settlement Of Disputes ◽  
Laws And Regulations ◽  
The Capital Market

The purpose of this study is to find out how the position of the agreement in the sale and purchase of shares with repurchase rights (REPO) in law in Indonesia, whether the sale and purchase agreement of shares with repurchase rights (REPO) has protected the interests of investors, as well as how the settlement of disputes in the sale and purchase agreement shares with repurchase rights (REPO) between issuers and investors by PT. OSO Medan Branch Securities. The method in this research is a normative juridical legal method with qualitative analysis. From the results of the study, it was found that the sale and purchase agreement of shares brokered by PT. OSO Sekuritas is a form of agreement or contract which must comply with the provisions in the Civil Code in general and specifically must comply with the laws and regulations relating to REPO. In the share sale and purchase agreement brokered by PT. OSO Sekuritas has provided legal certainty and protection to investors because in the agreement clause the form of protection has been explained. Settlement of disputes that occur between the parties in the REPO share-purchase agreement brokered by PT. OSO Sekuritas, contained in the agreement clause, which is an agreement for mediation and deliberation as well as resolving issues through the capital market arbitration body, if deliberation is not reached.

scholarly journals KEWENANGAN OTORITAS JASA KEUANGAN MENGENAI PERLINDUNGAN HUKUM BAGI INVESTOR TERHADAP TINDAKAN TIPPEE YANG MELAKUKAN INSIDER TRADING DALAM PERDAGANGAN SAHAM

2015 ◽  
Vol 4 (2) ◽  
Author(s):  
Made Dwi Juliana
Keyword(s):  
Insider Trading ◽  
Capital Market ◽  
Legal Protection ◽  
Comparative Approach ◽  
Legal Certainty ◽  
Conceptual Approach ◽  
Confidential Information ◽  
Stock Trading ◽  
The Law ◽  
The Capital Market

One type of a criminal in the capital market is the practice of  insider trading. Insider trading is an act that involves a group of insider in the capital market who deliberately exploit information that has not been released to investors with the advantages. In insider trading there are two actors such as party directly as an insider who works in the company or indirect as tippee party who obtain confidential information from an insider. Tippee is the party who receives confidential information from an insider either passively or actively against the law or not against the law for personal gain in the stock trading. This is very detrimental to the investors in the stock trading. Because of that if needs the protection for investors against the actions of the Tippee.  This study discusses two (2) problem first about the subject matter of the action form Tippee in insider trading to the stock at Indonesia and the second about OJK authority on legal protection for investors in case of insider trading by the Tippee in capital market activities. This research is a normative law. The Method approach is the approach of legislation, conceptual approach and comparative approach. Legal materials used are primary and secondary legal materials. Mechanical collection of legal materials is through the study of literature that further uses analysis techniques that description techniques and interpretation. The results shows that this form of action Tippee can be done actively and passively. Actively to perform an unlawful act such as stealing information. In is not trying to fight the law, but to obtain inside information and legal safeguards for investors to act with regard to insider trading Tippee do give legal certainty through legislation and legal certainty by the OJK through law enforcement

scholarly journals ANALISIS KEKUATAN PERJANJIAN NOMINEE SAHAM DALAM PERSEROAN TERBATAS PENANAMAN MODAL ASING (PT.PMA)

Acta Comitas ◽  
2016 ◽  
Author(s):  
Sigit Teteki Triwis
Keyword(s):  
Capital Market ◽  
Limited Liability ◽  
Company Law ◽  
Analytic Approach ◽  
Limited Liability Company ◽  
Legal Research ◽  
Foreign Investors ◽  
The Law ◽  
Primary Materials ◽  
The Capital Market

The use of nominee shares through nominee shares agreement has grown and developed well in the investing world, especially within the investors who establish PT. PMA. In short, the concept of nominee shares are done by both localand foreign investors. One of the causes of the nominee shares usageis because there is no rules in the Company Law that regulate, prohibit, and unequivocally ban the nominee shares by making the stock agreement. The law of prohibition to make nominee shares agreement or stock statement can only be found in the Capital Market Law, Article 33 paragraph (1) and paragraph (2). This research is a normative legal research that moves from the void norm within our laws. The approach used in this study is the legislation and analytic approach. The legal materials in this study are taken from the primary materials, secondary legal materials, and tertiary legal materials. The results of this study indicate the cause of the nominee shares usage by making nominee stock agreement, has already stated in the Company Law. However, it only explainsthe requirement that the PT has to be founded by two (2) or more persons, it does not give any detail requirements of how to be the shareholders. Other than to fill the Company Law, by filling the requirement of the PT establishment,the use of nominee agreement is due to the restriction of the line business for PT. PMA. The void of the norm has resulted in the violation within the limited liability company, in which one of the shareholders in PT. PMA is not the actual owner or nominee, but only the registered owner from certain number of shares. The law of prohibition of nominee shares in UUPM is considered inefficient because there is no strict regulations and prohibitions in the Company Law, thus, in practice, the use of nominee shares by making the nominee shares agreementgrows and develops through the simulation or indirect agreement, known as the arrangement agreement.

scholarly journals THE INFLUENCE OF MINIMUM INVESTMENT CAPITAL, RISK PERCEPTION OF STUDENTS INVESTMENT IN INDONESIA CAPITAL MARKET

2020 ◽  
Vol 4 (03) ◽  
Author(s):  
Titin Eka Ardiana ◽  
La Ode Sugianto ◽  
Siti Chamidah
Keyword(s):  
Risk Perception ◽  
Capital Market ◽  
Linear Regression Analysis ◽  
Multiple Linear Regression Analysis ◽  
Primary Data ◽  
Investment Capital ◽  
Independent Variable ◽  
Data Collection Technique ◽  
Two Kinds Of Variables ◽  
The Capital Market

This study aims to assess the minimum investment capital to start investing, and minimize the risk of loss and business instinct to analyze what effects are good to buy and of course it will be profitable in investing in the capital market. The approach used in this research is quantitative explanative research. In this study, there are two kinds of variables used, namely the dependent variable and the independent variable. The dependent variable used for this study is student investment interest in the capital market, while the independent variable used in this study consists of minimum investment capital (X1), and risk perception (X2). The data collection technique in this study is to use primary data, namely a questionnaire (questionnaire). The analytical method used in this study is to use multiple linear regression analysis using calculations through SPSS version 20. The results show that there is a positive and significant effect of minimal investment capital and risk perception on student investment interest simultaneously at the Faculty of Economics, University of Muhammadiyah Ponorogo. The contribution of these two variables contributed 44.3% and the remaining 55.7% was influenced by other variables not examined in the study. Keywords: Minimum Investment Capital, Risk Perception, and Investment Interest

scholarly journals Responsibility Land Office of Semarang City In Terms Contained In Land Multiple Certificates

Jurnal Akta ◽  
2019 ◽  
Vol 6 (3) ◽  
pp. 415
Author(s):  
Nur Ismi Hanifah ◽  
Umar Ma’ruf
Keyword(s):  
Secondary Data ◽  
Primary Data ◽  
State Court ◽  
Legal Certainty ◽  
Rapid Population Growth ◽  
Literature Study ◽  
Land Disputes ◽  
Close Relationship ◽  
Analytical Research ◽  
Settlement Of Disputes

Land as one of the natural resources that have a close relationship with human survival. Due to the imbalance between land supply in our country as a result of rapid population growth and increasing development, it can lead to various land disputes including multiple certificates. The purpose of this study to determine the cause of the double land certificate in Semarang and Semarang Land Office responsibilities in the event of multiple land certificates as well as the barriers and solutions Land Office responsibilities in the completion of the double land certificate in Semarang.The method used in this research is the method of juridical-sociological. Specifications are descriptive analytical research. The data used primary data and secondary data obtained by interview and literature study. Qualitative data analysis, the problem was analyzed by the theory of the legal system, legal certainty and legal responsibilities.The results showed that the cause of the land multiple certificates in the Land Office of Semarang is the first that structure, that possible errors and omissions of agencies, both which are substances that can be made possible on the legislation governing the registration of land and the third is Culture Law, uncaused of view of the society on land certificates. The responsibility of the Land Office of Semarang in It contained a land multiple certificates is the Regulation of the Minister of ATR / BPN No. 11 of 2016 on the Settlement of Cases of Land, which is after all the research is done, the land office is obliged to cancel one of them if there were procedural errors in the case of defective administration and conditions other rule. Obstacles Land Office in the completion of a land multiple certificates in Semarang is external (the parties are not present and not good faith when mediation) and internal (Land Office only as a mediator is not a court), so the solution in order to give rise to legal certainty then the settlement of disputes through State court and State Administrative court.Keywords: Responsibility; Land; Associate Certificate.

scholarly journals Criminal sanctions for insider trading: Comparison with Singapore

2019 ◽  
Vol 19 (2) ◽  
pp. 484
Author(s):  
Ainul Azizah
Keyword(s):  
Insider Trading ◽  
Capital Market ◽  
Research Method ◽  
Deterrent Effect ◽  
Material Loss ◽  
Philosophical Foundations ◽  
Criminal Sanctions ◽  
The Future ◽  
The Government ◽  
The Capital Market

Insider trading is one of the crimes in the capital market that causes a lot of material loss to the victim. Such a large loss has caused fears of investors to trade on the capital market in Indonesia. For this reason, the government is trying to prevent insider trading, the government has made a Capital Market Law, but this is not enough. For this reason, policies need to be made relating to criminal sanctions for perpretators insider trading in the future. The research method used is the normative legal research method. With a conceptual approach, comparison and Law. The legal issues that will be examined are the legal and philosophical foundations of criminal sanctions for perpetrators insider trading and criminal law policies relating to criminal sanctions for perpetrators insider trading in the future? The result is a legal basis for criminal sanctions for perpetrators insider trading is to provide a deterrent effect to the perpetrators so that it does not happen again and protect the public from insider trading. Policies relating to criminal sanctions for perpetrators insider trading are the use of schikking in resolving insider trading and by using non-litigation methods.Keyword : criminal sanctions; insider trading; comparison. 

scholarly journals TRADING IMPLEMENTATION IN INDONESIA STOCK EXCHANGE, PALEMBANG BRANCH OFFICE ACCORDING TO THE SHARI’AH LAW AND BUSINESS

1970 ◽  
Vol 20 (2) ◽  
pp. 287-294
Author(s):  
Romziatussaadah Romziatussaadah
Keyword(s):  
Capital Markets ◽  
Capital Market ◽  
Stock Exchange ◽  
Muslim Country ◽  
Financial Industry ◽  
Literature Study ◽  
Significant Growth ◽  
Finance Industry ◽  
Branch Office ◽  
The Capital Market

As the largest Muslim country in the world, Indonesia is a potential market in the development of the Islamic finance industry. Investment in the capital market, which is part of the Islamic financial industry, has an important role in increasing the market share of the financial industry in Indonesia. Although the development is relatively new compared to sharia banking and sharia insurance, along with the significant growth of the Indonesian capital market industry, it is expected that sharia investment in the Indonesian capital market will experience significant growth. This study aims to explain the trading mechanism on the Indonesian stock exchange that involves Islamic stocks and to find out a review of sharia law and business in the implementation of these trades / transactions. This study uses a normative juridical approach. This research was conducted in Palembang by taking the object on the Indonesia Stock Exchange. Data obtained from in-depth interviews, literature study, and observation. Qualitative analysis can be interpreted as an explanation and interpretation in a logical, systematic and consistent manner. In connection with this, the techniques used and the nature of the data obtained from the results of their collection, can be analyzed using taxonomic analysis. This study concludes that 1) the capital market in Indonesia is categorized into two, namely a) conventional capital markets and b) Islamic capital markets; 2) The regulation regarding the Sharia capital market is so complete by the capital market in Indonesia. Starting from the Capital Market Law, the DSN MUI and BAPEPAM fatwas; and 3) The operational mechanism of the Sharia Stock Exchange has been clearly implemented and regulated in these regulations. So that capital market players already understand things that are appropriate and not in accordance with Sharia.

scholarly journals Pengaruh Pengetahuan Investasi dan Motivasi Terhadap Minat Investasi di Pasar Modal Syariah Pada Mahasiswa Fakultas Ekonomi dan Bisnis Islam Universitas Suryakancana Cianjur

2021 ◽  
Vol 1 (2) ◽  
pp. 47
Author(s):  
Reksa Jayengsari ◽  
Noval Fauziah Ramadhan
Keyword(s):  
Data Collection ◽  
Capital Market ◽  
T Test ◽  
Quantitative Approach ◽  
Coefficient Of Determination ◽  
Calculation Results ◽  
Data Collection Technique ◽  
Descriptive Method ◽  
Low Motivation ◽  
The Capital Market

ABSTRAK Penelitian ini dilatarbelakangi oleh pengetahuan investasi di pasar modal dan motivasi yang rendah dikalangan mahasiswa FEBI UNSUR sedangkan Pasar Modal Syariah telah gencar mempromosikan produk-produk investasi. Matakuliah yang berkaitan dengan pasar modal syariah belum diaplikasikan oleh mahasiswa FEBI UNSUR. Penelitian ini bertujuan untuk mengetahui seberapa besar pengaruh pengetahuan investasi dan motivasi terhadap minat investasi di Pasar Modal Syariah pada Mahasiswa FEBI UNSUR. Penelitian ini menggunakan pendekatan kuantitatif dengan metode deskriptif asosiatif. Teknik pengumpulan data yang digunakan dalam penelitian ini yaitu kuisioner. Berdasarkan hasil uji t statistik, pengetahuan investasi diperoleh nilai signifikansi sebesar 0,699 > 0,05 dengan hasil perhitungan SE X1 sebesar -0,84%. Hal ini berarti tidak terdapat pengaruh signifikan pengetahuan investasi terhadap minat investasi. Lalu hasil uji t statistik motivasi diperoleh nilai signifikansi sebesar 0,000 < 0,05 dengan hasil perhitungan SE X2 sebesar 77,88%. Hal ini berarti terdapat pengaruh signifikan motivasi terhadap minat investasi. Kemudian, secara simultan kedua variabel berpengaruh signifikan terhadap minat investasi hal itu diketahui dari nilai uji Fhitung 137.247 > 3,11 Ftabel dengan nilai signifikansi sebesar 0,000 < 0,05. Hasil perhitungan koefisien determinasi menghasilkan R Square sebesar 77% hal ini berarti pengetahuan investasi dan motivasi memberikan kontribusi sebesar 77% sedangkan sisanya dipengaruhi oleh faktor lain. ABSTRACTThis research is motivated by knowledge of investment in the capital market and low motivation in FEBI UNSUR students while the Islamic Capital Market has been aggressively promoting investment products. Subject related to the Islamic capital market have not been applied by FEBI UNSUR students. This study aims to determine how much influence investment knowledge and motivation on investment interest in the Islamic Capital Market in FEBI UNSUR students. This study uses a quantitative approach with associative descriptive method. The data collection technique is a questionnaire. Based on the results of the t test, investment knowledge obtained a significance value of 0.699 > 0.05 with SE X1 calculation results of -0.84%. This means that there is no significant effect of investment knowledge on investment interest. The results of the motivational statistical t test obtained a significance value of 0.000 <0.05 with the results of the SE X2 calculation of 77.88%. This means that there is a significant effect of motivation on investment interest. Simultaneously the two variables have a significant effect on investment interest with a significance value of 0.000 <0.05. The calculation of the coefficient of determination produce an R Square of 77%, this means that investment knowledge and motivation contribute 77% while the rest is influenced by other factors

scholarly journals THE PRINCIPLE’S RULE OF NO PAR VALUE SHARES OF TRADING IN STOCK

2015 ◽  
Vol 15 (2) ◽  
Author(s):  
Nur Sayidah ◽  
Ida Keriahenta Silalahi
Keyword(s):  
Capital Market ◽  
Research Method ◽  
Legal Protection ◽  
Company Law ◽  
Market Regulation ◽  
Legal Certainty ◽  
Normative Approach ◽  
The World ◽  
Global Nature ◽  
Capital Market Regulation

Regulation of no par value shares in Indonesia is necessary because the stock market can not apply article 31 paragraph (2) of the Company Law number 40, 2007 because there is no further adjustment. This condition are known with the legal vacuum. The purpose of this article is to find the model of no par value shares regulation in Indonesia Capital Market. Further regulation of no par value shares is needed to fulfill this legal vacuum.  Research method in this artikel is using normative approach.  The results show that regulation of no par value share must fulfill four principles. There are (a) the principle of workable (b) the principle of global nature (compatible for domestic exchange rules  and the world exchange rules), (c) the principle of legal certainty in justice (d) the principle of legal protection. Keywords: capital market, regulation, principle.

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