scholarly journals ANALISIS PENYELESAIAN SENGKETA DALAM KEGIATAN USAHA JASA KEUANGAN PASAR MODAL DI INDONESIA

2021 ◽  
Author(s):  
Amanda Indah Pramesuri Suralaga ◽  
Revi Wulansari ◽  
Inna Windhatria
Keyword(s):  
Dispute Resolution ◽  
Capital Market ◽  
Financial Services ◽  
Secondary Data ◽  
Field Studies ◽  
Primary Data ◽  
Services Sector ◽  
Professional Institution ◽  
Investment Tool ◽  
The Capital Market

Capital Markets can also be interpreted as a professional institution that deals with securities buying and selling transactions, the capital market as a long-term investment tool that is currently becoming a trend in the community. But it cannot be denied that along with the development of the capital market in Indonesia it has caused problems or also disputes in the process of capital market activities in Indonesia. The problem in this research is how do the procedures and dispute resolution processes in business activities in the financial services sector after the procedures and processes in the settlement of Capital Market disputes, we must also know the legal consequences of the disputes in the financial services business of the Capital Market? The research method used a normative and empirical juridical approach, the data used are secondary data and primary data. Studies conducted with literature studies and field studies, data analysis used is qualitative juridical. The results show that the procedure and capital market dispute resolution process can be carried out either litigation or non-litigation, but the joint parties usually choose a non-litigation path in the procedure, if through non-litigation the parties must go through internal mediation first if the internal mediation fails involving the Financial Services Authority (OJK) as a facilitator in the process of resolving the problems after the process at the financial services authority did not get an agreement, the settlement could be continued through the Sengekta Alternative Settlement Agency (LAPS) and the Capital Market Arbitration Agency (BAPMI).

scholarly journals THE WEAKNESSES OF ALTERNATIVE INSTITUTIONS FOR DISPUTE RESOLUTION IN FINANCIAL SERVICES SECTOR

2021 ◽  
Vol 5 (2) ◽  
pp. 200
Author(s):  
Theresia Anita Christiani ◽  
Chryssantus Kastowo
Keyword(s):  
System Theory ◽  
Dispute Resolution ◽  
Financial Services ◽  
Alternative Dispute Resolution ◽  
Secondary Data ◽  
Legal Culture ◽  
Primary Data ◽  
Services Sector ◽  
Financial Services Sector ◽  
Settlement Of Disputes

There are weaknesses in the Financial Services Authority issued POJK No. 61/POJK/2020 concerning Alternative Dispute Resolution in the financial services sector. It hampered the objectives of the regulation. A concept proposal is needed to overcome the existing weaknesses. This research uses normative juridical analysis.  This research dose on the laws and regulations that apply in Indonesia relating to the settlement of disputes in the financial services sector. This study finds a proposed concept to overcome the weaknesses of Alternative Dispute Resolution in the financial services sector. The proposed idea empowers legal culture, legal substance, and legal culture as legal system theory. This research is limited to study based on secondary data, so there is no primary data.

Exploring the constituents of Investor Relations in a crisis in Germany: antecedents, consequences and role.

2019 ◽  
Author(s):  
◽  
Anne Katrin Brodowski
Keyword(s):  
Qualitative Research ◽  
Capital Market ◽  
Quantitative Research ◽  
Secondary Data ◽  
Primary Data ◽  
Investor Relations ◽  
Instrumental Case Study ◽  
Instrumental Case ◽  
The Capital Market

In my thesis, I explore the constituents of an organizational crisis for Investor Relations and the capital market in Germany. The literature review reveals a research gap on crisis research for these organizational groups as well as on qualitative research in the field. Grounding my research within the hermeneutic phenomenological tradition, I conduct an instrumental case study on BP and the Deepwater Horizon oil spill to obtain the required pre-understanding. I use secondary data by means of newspaper articles from three UK national newspapers. The findings from the instrumental case study guide the collection of primary data. I conduct interviews with Investor Relations managers and institutional capital market participants. I analyze the interview data using thematic analysis. A crisis that is considered relevant for Investor Relations and the capital market shows different characteristics than those relevant for other organizational crises. My study extends existing crisis frameworks by adding impacts and the perspective from a specific corporate function and the related stakeholder group. It offers a new conceptualization of crisis. Research regarding impacts on capital markets is often associated with quantitative research, using secondary data to assess effects on share prices. My research seeks to explore the underlying mechanisms of effects on Investor Relations and the capital market by employing a twofold exploratory approach. Therefore, my qualitative approach is methodologically relevant. I demonstrate that qualitative research can be applied successfully in this domain and obtain meaningful results.

scholarly journals Effect of Synergy on Financial Performance of Merged Financial Institutions in Kenya

2016 ◽  
Vol 8 (9) ◽  
pp. 199
Author(s):  
Agnes Ogada ◽  
Amos Njuguna ◽  
George Achoki
Keyword(s):  
Financial Performance ◽  
Financial Services ◽  
Panel Data Analysis ◽  
Secondary Data ◽  
Primary Data ◽  
Services Sector ◽  
Merger Analysis ◽  
Significant Difference ◽  
Before And After ◽  
Trends Over Time

Mergers and Acquisitions deals that create value constitute at least one or a combination of financial and operational synergy. This paper investigates the effect of synergy on financial performance of merged institutions in the financial services sector in Kenya. The paper adopted a mixed research design, pre and post-merger secondary data was collected from 40 (forty) institutions in the Kenyan financial services industry that had concluded their merger processes by 31 December 2013. Financial synergy was proxied using the liquidity ratio while operating synergy was measured using growth in sales. Primary data was used to explain the results of the secondary data. Panel data analysis was used to determine the change in the study variables and trends over time between 2009 and 2013, event window (pre-merger and post-merger) analysis was used to test for any significant difference in performance means before and after merger as a result synergy, while regression analysis was used to determine the relationship between synergy and profitability. Results show that there is a positive relationship between performance, operating synergy and financial synergy, and that there was significant improvement in performance post-merger. From these findings, the study recommends that institutions should critically evaluate the overall business and operational compatibility of the merging institutions and focus on capturing long-term financial synergies as this has a positive effect on the performance.

scholarly journals Implikasi Yuridis Peraturan pemerintah tentang Pungutan Otoritas Jasa Keuangan Terhadap Notaris Pemegang Surat Tanda Terdaftar yang tidak pernah Berkegiatan di Pasar Modal

2019 ◽  
Vol 4 (1) ◽  
pp. 150
Author(s):  
Ratna Ayu Puspitasari ◽  
Imam Koeswahyono ◽  
Titik Soeryati Soekesi
Keyword(s):  
Capital Market ◽  
Financial Services ◽  
Research Method ◽  
Government Regulation ◽  
The State ◽  
Services Sector ◽  
Financial Services Sector ◽  
Legal Implications ◽  
Legal Force ◽  
The Capital Market

This paper aims to describe the authority of the Financial Services Authority (OJK) in conducting supervision and regulation of the financial services sector, and the juridical implications of Government Regulation Number 11 of 2014 concerning OJK Levy for capital market notaries registered with Registered Letters (STTD) who are not active in the capital market. The research method used in this paper is a normative juridical. The results of the study indicate that the OJK has the authority to levy notaries. Legal implications arising from Government Regulation Number 11 of 2014 concerning Financial Services Authority Levies for notaries who have STTD but do not engage in capital market activities becomes the state’s receivables. Payments will be made by the state receivable committee, with a forced letter that has the same legal force as the Grosse deed.

scholarly journals ANALISIS PENYELESAIAN KONTRAK ASURANSI MELALUI LEMBAGA OTORITAS JASA KEUANGAN

2017 ◽  
Vol 17 (2) ◽  
pp. 210
Author(s):  
B. Rini Heryanti ◽  
Dewi Tuti Muryati ◽  
Efi Yulistyowati
Keyword(s):  
Dispute Resolution ◽  
Financial Services ◽  
Dispute Settlement ◽  
Research Result ◽  
Insurance Contract ◽  
Primary Data ◽  
Services Sector ◽  
The Government ◽  
Set Up ◽  
Settlement Of Disputes

<p>Perkembangan penyelesaian sengketa asuransi melalui ADR, banyak diminati oleh para pihak yang bersengketa.karena dirasa lebih realistis, mudah, murah, dan cepat tanpa harus mengorbankan faktor kepastian. Penyelesaian sengketa kontrak asuransi melalui jalur non litigasi/ADR dapat diselesaikan melalui BMAI yang telah didirikan pada tahun 2006, di tahun 2011 pemerintah juga telah mendirikan OJK yang mempunyai tugas untuk melakukan pengawasan disektor jasa keuangan bank dan non bank, yang didalamnya salah satu tugasnya adalah melakukan penyelesaian sengketa asuransi. Perumusan masalah yang diteliti adalah, bagaimanakah kewenangan Otoritas Jasa Keuangan (OJK) dalam penyelesaian sengketa hukum kontrak asuransi?, bagaimanakah kedudukan BMAI kedepanya, setelah didirikannya OJK ? Metode yang digunakan dalam penelitian ini, metode pendekatan yuridis normatif, dengan spesifikasi deskriptif analitis, sedangkan teknik pengumpulan data menggunakan data primer dan data sekunder. Hasil penelitian pengaduan dan penyelesaian sengketa asuransi oleh OJK secara umum diatur dalam Pasal 29 Undang-Undang No.21 tahun 2011.Memperhatikan Pasal 29 tersebut mengamanatkan OJK untuk menyiapkan perangkat, menyusun mekanisme, dan memfasilitasi penyelesaian pengaduan konsumen yang dirugikan oleh pelaku di lembaga jasa keuangan, maka OJK mengeluarkan Peraturan OJK No.1/POJK. 07/2013 tentang Perlindungan Konsumen Sektor Jasa Keuangan dan Surat Edaran OJK No.2/SEOJK. 07/2014 tentang Pelayanan dan Penyelesaian Pengaduan Konsumen Pada Pelaku Usaha Jasa Keuangan, sedangkan kedudukan BMAI setelah adanya OJK berada dibawah OJK.</p><p>The development of the insurance dispute resolution through ADR, much in demand by the parties to bersengketa.felt to be more realistic, easier, cheaper, and faster without sacrificing the certainty factor. Dispute settlement insurance contract through the non litigation / ADR can be resolved through BMAI which had been established in 2006, in 2011 the government has also set up the FSA, which has the task to pass surveillance sector financial services of banks and non-banks, which includes one of his tasks is to insurance dispute resolution. The formulation of the problem under study is, how does the authority of the Financial Services Authority (FSA) in insurance contract law dispute resolution?, How BMAI position, after the establishment of the FSA ? The method used in this research, normative juridical approach, the analytical descriptive specification, while the data collection techniques using primary data and secondary. The research result of complaints and the settlement of disputes by the FSA insurance is generally provided for in article 29 of Law 21 years 2011. Article 29 mandates the FSA to set up the equipment, develop mechanisms and facilitate the resolution of consumer complaints were harmed by the offender in the financial services institution , the FSA issued a FSA Regulation 1 / POJK.07 / 2013 on Consumer Protection and Financial Services Sector FSA Circular No.2 / SEOJK.07 / 2014 on the Ministry and the Consumer Complaint Settlement In Financial Services business communities, while the position of BMAI, the FSA under the FSA.</p>

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 Benturan Kepentingan bagi Konsultan Hukum dalam Kejahatan Pasar Modal

2019 ◽  
Vol 6 (2) ◽  
pp. 78
Author(s):  
Elvira Fitriyani Pakpahan ◽  
Selvia Fransiska Wijaya ◽  
Agnes Fortunata ◽  
Johny Chang ◽  
Helfan Muhammad
Keyword(s):  
Capital Market ◽  
Financial Services ◽  
Conflicts Of Interest ◽  
Code Of Ethics ◽  
Secondary Data ◽  
Professional Standards ◽  
Legal Opinions ◽  
A Company ◽  
The Capital Market

<p class="JudulAbstrakIndonesia"><em>This objective of this research is to examine conflicts of interest for legal consultants in capital market crime. The method used in this study is normative juridical analysis with a library approach and using secondary data. The role of legal consultants is very important in the capital market, this is because legal consultants are required to provide legal opinions regarding a company. So, because it has an important role, a legal consultant needs to know the duties and obligations. Beside that, the information from legal opinions will be used by investors in deciding whether to invest their capital or not, because information in the capital market is a factor that causes the fluctuations in the price of securities or shares on the price of securities or shares. Therefore, in each assignment of a legal consultant, it is expected that legal consultants can act independently and impartially and in accordance with the code of ethics, professional standards and applicable regulations. Sanctions will be given to legal consultants who act independently and do not fulfill the code of ethics, professional standards and applicable regulations. The application of sanctions is also related to the role of the Financial Services Authority.</em></p>

scholarly journals Analysis of Factors That Influence Decision Making Invest in Capital Markets in Millennial Generations

2020 ◽  
Vol 3 (3) ◽  
pp. 11-24
Author(s):  
Irawati Junaeni
Keyword(s):  
Decision Making ◽  
Linear Regression ◽  
Capital Market ◽  
Sampling Method ◽  
Secondary Data ◽  
Sample Size Determination ◽  
Primary Data ◽  
Analysis Technique ◽  
Library Studies ◽  
The Capital Market

This study aims to analyze the factors that influence the decision making of investors investing in the capital market. The sampling method used in this study was purposive sampling method, the sample used in this study was the millennial generation in Jakarta who had invested in the capital market. Sample size determination based on Slovin formula. The data used in this study are primary data in the form of questionnaires and secondary data in the form of library studies. The analysis technique in this study is simple linear regression and multiple linear regression. The results of research that have been carried out both in partial and simultaneous testing show that all variables, namely knowledge, risk, income, capital market training, and motivation have a significant positive effect on investment decisions.

scholarly journals EFFECT OF MERGERS AND ACQUISITIONS STRATEGIES ON FINANCIAL PERFORMANCE OF FINANCIAL SERVICES SECTOR

2017 ◽  
Vol 1 (1) ◽  
pp. 18
Author(s):  
Dr. Agnes Ogada ◽  
Dr. George Achoki ◽  
Dr. Amos Njuguna
Keyword(s):  
Mergers And Acquisitions ◽  
Financial Performance ◽  
Significant Relationship ◽  
Financial Services ◽  
Panel Data Analysis ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Primary Data ◽  
Services Sector ◽  
Financial Services Sector

 Purpose: The purpose of this study was to establish the effect of mergers and acquisitions strategies on financial performance of firms in the financial services sector in Kenya.Methodology: The study adopted a mixed methodology research design. The study population included all the 51 merged financial service institutions in Kenya. Purposive sampling was used. Primary data was obtained from questionnaires and a secondary data collection template was also used. The researcher used quantitative techniques in analyzing the data. Descriptive analysis for the study included the use of means, frequencies and percentages.  Inferential statistics such as correlation analysis was also used. Panel data analysis was also applied. Further, a pre and post merger analysis was used.Results: Cost efficiency was found to have a positive and significant effect on financial performance of merged institutions. Diversification had no significant effect on financial performance of merged institutions. Synergy had a significant relationship with financial performance of merged institutions. Board size had a significant relationship with financial performance of merged institution and there was a significant relationship between the moderating effect of economic growth and financial performance of merged institutions.Unique Contribution to Theory, Practice and Policy: The study recommended that policy makers (government) should be able to create or promote the enabling environment for facilitating mergers and acquisitions that concerns infrastructure provision, as a way of achieving cost reduction that could motivate similar mergers in other institutions in Kenya, stakeholders are to identify where their most immense profit pools lie and focus on improving those units responsible for them, the management of the financial services institutions should embrace diversification and financial innovation on product strategies as this will help in generating more income for the banks.

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