scholarly journals ASPEK HUKUM PENAWARAN UMUM EFEK SECARA ELEKTRONIK

2021 ◽  
Vol 7 (1) ◽  
pp. 162-187
Author(s):  
Niken Previanti
Keyword(s):  
Information Technology ◽  
Central Bank ◽  
Capital Markets ◽  
Capital Market ◽  
Financial Services ◽  
Financial Institution ◽  
Legal Protection ◽  
Main Issue ◽  
Public Offering ◽  
The Capital Market

The main issue discussed here, using a juridical normative method, regards the legal validity and implementation of, and legal protection given to investors, found in the Financial Services Authority Regulation No. 41/POJK.04/2020 re. Electronic Public Offering of Equity, Debt Securities and/or Syaria’ Undivided Share. Important to note is the fact that the Financial Services Authority is established by virtue of Law No. 21 of 2011 to replace and take over the functions of the Capital Market and Financial Institution Supervisory Agency and the Central Bank in regulating and supervising Indonesian Banks and Capital Markets and lastly protect consumers in the financial services industry.  Here should also mentioned the fact that the Capital Market Law (No. 8/1995) and its implementing regulations has yet to respond to how advances in information technology can be utilized to regulate-control and supervise public offering of shares or equity in the Capital Market.

scholarly journals Perlindungan Hukum Bagi Investor Dalam Pasar Modal

2014 ◽  
Vol 2 (2) ◽  
Author(s):  
Hilda Hilmiah Dimyati
Keyword(s):  
Capital Markets ◽  
Capital Market ◽  
Financial Services ◽  
Legal Protection ◽  
Financial Services Industry ◽  
Crucial Aspect ◽  
The Public ◽  
Maximum Protection ◽  
Ministry Of Finance ◽  
The Capital Market

Abstract: Legal Protection for Investors in the Capital Market. Supervision in the financial services industry capital markets experienced a change of control by Bapepam-LK be supervised by the Financial Services Authority. Institutionally, Bapepam-LK is responsible to the Minister of Finance, as Bapepam-LK is under the auspices of the Ministry of Finance, while the Financial Services Authority is responsible to Parliament or the public. Crucial aspect on which the formation of the FSA is not maximum protection of the interests of consumers of financial services. In accordance with the problems that occur as above, the authors feel the need to examine the legal protection in the capital market. This writing will also examine the parties are entitled to legal protection based on Law No. 8 of 1995 and the Capital Market Law No. 21 of 2011 on the Financial Services Authority. Abstrak: Perlindungan Hukum Bagi Investor Dalam Pasar Modal. Pengawasan di bidang industri jasa keuangan pasar modal mengalami perubahan dari pengawasan yang dilakukan oleh Bapepam-LK menjadi diawasi oleh Otoritas Jasa Keuangan. Secara kelembagaan, Bapepam-LK bertanggung jawab kepada Menteri Keuangan, karena Bapepam-LK berada di bawah naungan Kementrian Keuangan, sedangkan Otoritas Jasa Keuangan bertanggung jawab kepada Dewan Perwakilan Rakyat atau masyarakat. Aspek krusial yang menjadi dasar pembentukan OJK adalah tidak maksimalnya perlindungan kepentingan konsumen jasa keuangan. Sesuai dengan permasalahan yang terjadi seperti diatas, maka penulis merasa perlu untuk meneliti tentang perlindungan hukum di pasar modal. Penulisan ini juga akan meneliti para pihak yang berhak atas perlindungan hukum berdasarkan pada Undang-Undang Nomor 8 Tahun 1995 Tentang Pasar Modal dan Undang-Undang Nomor 21 Tahun 2011 Tentang Otoritas Jasa Keuangan. DOI: 10.15408/jch.v1i2.1473

scholarly journals PERLINDUNGAN HUKUM BAGI INVESTOR DALAM PASAR MODAL MENURUT UNDANG-UNDANG PASAR MODAL DAN UNDANG-UNDANG OTORITAS JASA KEUANGAN

2020 ◽  
Vol 18 (2) ◽  
Author(s):  
Vidya Noor Rachmadini
Keyword(s):  
Capital Markets ◽  
Capital Market ◽  
Financial Services ◽  
Legal Protection ◽  
Crucial Aspect ◽  
The Public ◽  
Consumer Interests ◽  
Maximum Protection ◽  
Ministry Of Finance ◽  
The Capital Market

<table width="605" border="0" cellspacing="0" cellpadding="0"><tbody><tr><td valign="top" width="406"><p><em>Legal Protection for Investors in the Capital Market. Supervision in the financial services industry capital markets experienced a change of control by Bapepam-LK be supervised by the Financial Services Authority. Institutionally, Bapepam-LK is responsible to the Minister of Finance, as Bapepam-LK is under the auspices of the Ministry of Finance, while the Financial Services Authority is responsible to Parliament or the public. Crucial aspect on which the formation of the FSA is not maximum protection of the interests of consumers of financial services. In accordance with the problems that occur as above, the authors feel the need to examine the legal protection in the capital market. This writing will also examine the parties are entitled to legal protection based on Law No. 8 of 1995 and the Capital Market Law No. 21 of 2011 on the Financial Services Authority.</em></p><p><em> </em></p><p><strong><em>Keywords:</em></strong></p><p><em>Legal Protection, Consumer Interests, The Capital Market</em></p></td></tr></tbody></table>

scholarly journals Legal Protection For Investors In Crowdfunding Services Through Information Technology Offers (Equity Crowdfunding)

2020 ◽  
Vol 4 (2) ◽  
pp. 153-172
Author(s):  
Novia Choirunnisa ◽  
Nahdlotul Fadilah
Keyword(s):  
Information Technology ◽  
Capital Market ◽  
Financial Services ◽  
Legal Protection ◽  
Legal Certainty ◽  
Conceptual Approach ◽  
Transaction Model ◽  
Funding Sources ◽  
Equity Crowdfunding ◽  
Public Offering

The readiness of the community in the era of information technology has opened up opportunities in online businesses such as equity crowdfunding, equity crowdfunding as an alternative capital is increasingly in demand, especially by novice businesses. The Financial Services Authority issues regulations regarding the Equity Crowdfunding transaction model by issuing the Financial Services Authority Regulation Number 37 / POJK.04 / 2018. This provides questions for the regulation of Equity Crowdfunding in Indonesian Capital Market Law. The writer in this study would like to examine and analyze the Equity Crowdfunding activities and legal protection for investors, because legal protection is a form of legal certainty. The research method used is a normative juridical types, the problem approach uses the legislation approach and the conceptual approach. The results show that equity crowd funding is a form of new innovation in funding sources. The service mechanism has many similarities with public offering activities in the capital market, only the implementation is simpler. Equity Crowdfunding legal protection for investors who have been registered in the provisions of Chapter 54 paragraph (2) POJK Number 37 / POJK.04 / 2018, providing the latest information is only placed on the organizer's website or website.

scholarly journals INOVASI KEUANGAN DI BIDANG CROWDFUNDING EKUITAS DALAM PENGEMBANGAN PASAR MODAL

2020 ◽  
Vol 1 (2) ◽  
pp. 237
Author(s):  
Cynthia Kurniawan Ong
Keyword(s):  
Information Technology ◽  
Capital Market ◽  
Financial Services ◽  
Business World ◽  
Equity Crowdfunding ◽  
New Information ◽  
Legal Opinions ◽  
Approach Method ◽  
Financial Technology ◽  
The Capital Market

ABSTRAKArtikel ini memaparkan gagasan baru tentang teknologi informasi urun dana ekuitas (equity crowdfunding), berdasarkan Undang-Undang Pasar Modal dan peraturan otoritas jasa keuangan. Metode penelitian menggunakan metode pendekatan undang-undang  termasuk yang berasal dari aturan yang berkaitan dengan topik dan pendekatan konseptual yaitu pendapat hukum dari para ahli yang diambil dari jurnal, buku, dan sumber terverifikasi lainnya yang terkait dengan topik tersebut). Hasil penelitian menyimpulkan bahwa equity crowdfunding merupakan sistem baru yang penting dalam dunia bisnis oleh karena itu diperlukan payung hukum yang memadai untuk melindungi komunitas pengguna layanan. Meski sudah ada beberapa regulasi hukum terkait urun dana ekuitas, namun belum cukup menjelaskan keterkaitannya dengan pasar modal. Sehingga, aturan hukum teknologi baru informasi harus dijelaskan sedemikian rupa agar tidak menimbulkan kebingungan di kemudian hari dan dapat digunakan untuk perlindungan masyarakat. Kata Kunci: Pasar Modal, Teknologi Keuangan, Urun Dana Ekuitas ABSTRACT This article presents a new idea of equity crowdfunding information technology, based on the Capital Market Law and financial services authority regulations. The research method uses the statutory approach method including those derived from rules related to the topic and conceptual approaches, namely legal opinions from experts drawn from journals, books and other verified sources related to the topic). The results of the study conclude that equity crowdfunding is an important new system in the business world. Therefore, an adequate legal umbrella is needed to protect the community of service users. Although there are several legal regulations related to equity crowdfunding, they do not adequately explain its relationship to the capital market. Thus, the new information technology law rules must be explained in such a way so as not to cause confusion in the future and can be used for public protection. Keywords: Capital Market, Financial Technology, Equity Crowdfunding

scholarly journals The Role of Financial Services Authority and Legal Protection of Debtor in Financial Technology (Fintech) Based Lending Agreements

2021 ◽  
Vol 04 (07) ◽  
Author(s):  
Himawan Prasetyo ◽  
Keyword(s):  
Information Technology ◽  
Financial Services ◽  
Research Method ◽  
Legal Protection ◽  
Main Issue ◽  
Positive Law ◽  
Financial Technology

The main issue discussed in this study are regarding the implementation of financial technology (Fintech) -based lending agreements which regulated in Indonesian positive law and also barrier on legal protection in implementing technology(Fintech) based lending agreements. This study applied a normative research method which collected primary legal sources of legislation and secondary legal sources of books, journals, and other articles related to this study. The implementation of financial technology (Fintech) based lending agreements is regulated in positive Indonesian law which is Financial Services Authority Regulation Number 77 / POJK.01/2016 concerning Information Technology-Based Lending Services. Meanwhile, legal protection in the implementation of technology(Fintech) based lending agreements occurs when the debtor defaults and the creditor commits an unlawful act, both of which occur due to a lack of legal protection arrangements in the Financial Services Authority Regulation.

scholarly journals Potential Legal Conflict For The Implementation Of Financial Services Authority Regulation Number 65 /POJK.04/2020

2021 ◽  
Vol 10 (1) ◽  
pp. 15
Author(s):  
Theresia Anita Christiani
Keyword(s):  
Law Enforcement ◽  
Capital Market ◽  
Financial Services ◽  
Research Method ◽  
Legal Protection ◽  
Secondary Data ◽  
Potential Conflict ◽  
Market Sector ◽  
Loss Compensation ◽  
The Capital Market

Financial Services Authority Regulation Number 65 / POJK .04 / 2020 was promulgated to increase effectiveness and justice in law enforcement in the capital market sector. The form of legal protection regulated is the Return of Unauthorized Profits and the Investor Loss Compensation Fund (Disgorgement Fund). The research objective in this paper is to find potential legal conflicts that arise in the implementation of the Financial Services Authority Regulation Number 65 / POJK .04 / 2020. The research method, this type of research is normative juridical research, which uses secondary data. The findings obtained are that there are two potential legal conflicts. First, there is a potential conflict between the Financial Services Authority Regulation Number 65 / POJK .04 / 2020 and Law Number 37 of 2004. Second, the Potential Conflict between the Financial Services Authority Regulation Number 65 / POJK. 04/2020 with Law Number 37 the Year 2004 and Law Number 40 the Year 2007, which will obstruct legal objectives.

scholarly journals ANALISIS TANGGUNG JAWAB HUKUM TERHADAP TINDAK PIDANA MANIPULASI PASAR DAN PERLINDUNGAN HUKUM BAGI INVESTOR MINORITAS STUDI KASUS:POSA

2021 ◽  
Vol 5 (2) ◽  
Author(s):  
Hasna Kharimah Septiana
Keyword(s):  
Capital Market ◽  
Stock Prices ◽  
Financial Services ◽  
Stock Exchange ◽  
Legal Protection ◽  
Secondary Data ◽  
Market Manipulation ◽  
Literature Study ◽  
The Impact ◽  
The Capital Market

This article aims to analyze the legal protection for investors is related to the practice of market manipulation as regulated in Law Number 8 of 1995 concerning the Capital Market and what forms of legal protection are provided by the Financial Services Authority (OJK), Indonesia Stock Exchange (BEI), KSEI and KPEI as well as the impact of market manipulation and how the accountability will be imposed on the actors.This article uses a normative juridical legal research method. The normative juridical character is carried out by examining secondary data or by the method of literature study of legal materials which are the reference for research, which is focused on examining the application of rules or norms in positive law. The research was carried out by means of a literature study of the laws and regulations related to market manipulation in the capital market sector.The case study in this research is the alleged case of market manipulation conducted by PT Bliss Property Indonesia Tbk (POSA) which occurred on May 10th, 2019, allegedly taking action to manipulate the market so that there are drastic fluctuations in the movement of stock prices out of the ordinary and without accompanied by clear fundamentals of the company, it is suspected that this trade is not fair so that it harms one of the investors

scholarly journals KAJIAN TERHADAP RENCANA PENGATURAN DISGORGEMENT DALAM PASAR MODAL INDONESIA

2020 ◽  
Vol 6 (1) ◽  
pp. 1
Author(s):  
Raysa Mayasonda ◽  
Lastuti Abubakar ◽  
Ema Rahmawati
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Capital Market ◽  
Financial Services ◽  
Legal Protection ◽  
The Rule Of Law ◽  
Civil Compensation ◽  
The Law ◽  
Draft Regulation ◽  
The Capital Market

Various kind of capital market violations show the characteristics of capital market violations that the loss is rarely realized by the investor. Currently, the regulation provides a way to resolve investor loss of capital market and the practice of resolving violations of the law in the capital market through the investor protection regulation is sometimes not satisfactory for the harmed investors. As a step to strengthen the law enforcement instruments, the Financial Services Authority (Otoritas Jasa Keuangan / OJK) issued a Draft Regulation (RPOJK) on OJK regarding Disgorgement and Disgorgement Fund to facilitate investor’s legal protection against losses internally by itself. The purpose is to analyze the disgorgement mechanism regulation plan through the study of RPOJK so that it can be applied as a new settlement in the capital market and suitable with existing ways. The research method uses a normative juridical approach that is through the existing study of the rule of law that apply primary, secondary and tertiary legal materials, also from existing electronic literature. Based on the result of the study, it is concluded the plan of the disgorgement mechanism regulation as a form of refund through administrative mechanism is different from civil compensation and it can be applied as one of the investor’s legal protections because the form of the order in disgorgement as a refund is considered effective, proportional and can be preventive.

scholarly journals INVESTORS’ LEGAL PROTECTION AGAINST INSIDER TRADING IN CAPITAL MARKET IN INDONESIA

2021 ◽  
Vol 56 (4) ◽  
pp. 346-355
Author(s):  
Dewi Astutty Mochtar ◽  
Dewi Ayu Rahayu
Keyword(s):  
Insider Trading ◽  
Capital Markets ◽  
Capital Market ◽  
Stock Exchange ◽  
National Development ◽  
Legal Protection ◽  
Research Approach ◽  
Public And Private ◽  
Weak Supervision ◽  
The Capital Market

This study aimed to assess insider trading on a trading buying and selling shares in the capital market. Besides, it also evaluated investors' legal protection against insider trading that occurred in the capital market under the provisions of capital markets act 8 of 1995. The primary consideration of the choice of these studies is that this study was to examine the theoretical legal protection of investors in the practice of insider trading in the stock market, with the interpretation of Juridical Capital Markets Act, No 8 of 1995. This research approach uses the statute and case approaches, which refer to legislation and approaches based on cases. Capital markets have a strategic role in national development as one source of financing for the business and investment vehicle for the community. Capital markets are alternative funding for both public and private. Once the magnitude of the role of capital markets in national economic development did not rule violations contrary to the principles of disclosure of information, other than that the weak supervision system by the manager or supervisor stock exchange, can lead to insider trading. Insider trading can occur when someone is doing a transaction with a buy or sell stock based on material information and has not been open to the public obtained from a company insider. Insider trading can result in losses for investors who do not receive the same information. Investors who did not receive such information do not have the same opportunity to make a profit because so requires legal protection. Legal protection can be either preventive or repressive.

scholarly journals Prinsip Kehati-hatian bagi Bank Selaku Kustodian di Pasar Modal Indonesia

2020 ◽  
Vol 2 (1) ◽  
pp. 1
Author(s):  
Rezandha Hutagalung
Keyword(s):  
Precautionary Principle ◽  
Capital Market ◽  
Financial Services ◽  
Main Task ◽  
Legal Research ◽  
Legal Norms ◽  
The Precautionary Principle ◽  
Banking Institutions ◽  
The Capital Market

This journal aims to find out how to apply the precautionary principle of a bank as a custodian bank in Indonesian capital market. Whereas with the enactment of Law Number 1995 concerning the Capital Market, it is deemed necessary to enact a Bapepam Decision regarding the Custodian Bank's Report. In the context of carrying out Indonesia's economic development, of course the challenges are not insignificant for financial institutions, one of which is in banking institutions. The role of banking institutions that carry out the main task as a vehicle that can collect and distribute funds effectively and efficiently, requires continuous improvement in order to be able to have a comparative advantage. This journal is how about the application of the precautionary principle in the capital market in Indonesia. Custodian Bank is a commercial bank that has obtained the approval of the Financial Services Authority (OJK) to carry out business activities as a custodian. The object of legal research is legal norms, which have the aim of examining whether or not a regulation is appropriated and applied.

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