scholarly journals Legal features of market risks management in investment companies

2021 ◽  
pp. 267-279
Author(s):  
Ranko Sovilj ◽  
Sanja Stojković-Zlatanović

The issue of market risks management in investment companies is being updated and gaining importance in recent years, due to frequent crises and shocks in the financial markets. The application of the normative and comparative method in work analyzes the exposure of investment companies business to market risks. The paper points out the importance of determining market risks, as well as the types of market risks to which investment companies are exposed, and the importance of introducing new solutions adopted in the European legislation. The application of the proposed solutions based on qualitative and quantitative measures should enable both investment companies surviving on the capital market and providing adequate legal protection to investors. Therefore, the paper emphasizes the need for identifying and early recognition of market risks in investment companies, proposing appropriate measures, assessments and models for managing market risks in the investment companies.

2014 ◽  
Vol 2 (2) ◽  
Author(s):  
Hilda Hilmiah Dimyati

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


2018 ◽  
Vol 4 (2) ◽  
pp. 199-219
Author(s):  
Wisnu Satrio Hariono

Insider Trading or insider trading is a form of banned trading in securities transactions in the capital market. The practice of insider trading is one form of violation of the principle of openness which is the soul of the capital market industry. This research is motivated by the number of insider trading practices in securities transactions. The main problem to be answered through this research is to know the extent of Capital Market Law in handling insider trading practices in Indonesia capital market. This research uses normative juridical approach and comparison of laws. In this research can be found the existence of legal efforts that can be done by investors who are harmed by the crime of insider trading by filing a lawsuit Unlawful Act, as a form of legal protection for investors.


Author(s):  
Made Dwi Juliana

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


2019 ◽  
Vol 11 (15) ◽  
pp. 4100 ◽  
Author(s):  
Hyounggun Song ◽  
Sung Kwon Han ◽  
Seung Hwan Jeong ◽  
Hee Soo Lee ◽  
Kyong Joo Oh

In this research, we develop a guaranteed option hedge system to protect against capital market risks using a genetic algorithm (GA). We test the hedge effectiveness of our guaranteed option hedge strategy by comparing the performance of our system with those of other strategies. A genetic algorithm heuristic trading method for the optimization of a non-linear problem is applied to each system to improve the hedge effectiveness. The GA dynamic hedge system developed in this research is found to improve hedge effectiveness by reducing the option value volatility and increasing the total profit. Insurance companies are able to make more efficient investment strategies by using our guaranteed option hedge system. It contributes to the investment efficiency of the insurance companies and helps to achieve efficiency for financial markets. In addition, it helps to achieve sustained economic benefits to policyholders. In this sense, the system developed in this paper plays a role in sustaining economic growth.


2019 ◽  
pp. 257-264
Author(s):  
Michael Kohajda

The aim of this paper is to define the basic characteristics of the term of the financial system as a legal term. In the paper, the author finds the absence of a general or a legal definition of this term in both the Czech scientific and practical environment as essential, as this term is already used in the Czech positive law. At the same time, he briefly defines the terms of the financial markets and the capital market as terms different from the term of the financial system. This objective is fulfilled by the author with the aim of the use of the term financial system (but also the financial markets or the capital market) in a labelling of the financial law sub-branch.


2020 ◽  
Vol 18 (2) ◽  
Author(s):  
Vidya Noor Rachmadini

<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>


2020 ◽  
Vol 6 (2) ◽  
Author(s):  
Krista Yitawati ◽  
Hery Sumanto

Abstract— The capital market is an investment alternative for investors. Through the capital market, investors can invest in several companies through the purchase of securities offered. Investors will become shareholders in publicly-listed companies. The purpose of this study is about the position of capital market investors in the event of bankruptcy in the issuer's company and know the form of protection that can provide protection for capital market investors. The research method used is a normative research method by reviewing legislation. the position of capital market investors in the event of bankruptcy in the issuer's company is that the public shareholders are creditors who are included in the competitor (concurrent) while the form of legal protection needed is to maximize the functions and roles of OJK as the protectors of the issuer's stock which is accurately related to the performance and financial condition of public companies because the principle of openness is one of the rights that guarantees legal protection, and makes efforts to restructure the issuer's company to avoid bankruptcy. Keywords—: legal protection; investors; capital market; bankruptcy; issuers.


2020 ◽  
Vol 9 (1) ◽  
pp. 152
Author(s):  
Tommy Leonard ◽  
Elvira Fitriyani Pakpahan ◽  
Heriyanti Heriyanti ◽  
Azharuddin Azharuddin

<em>The defaulted cases that occurred at PT. Mobile-8 Telecom Tbk., Bakrie Telecom, PT. Berlian Laju Tanker is very detrimental to bondholder investors. This is the problem that is happening in the Indonesian economy and becomes serious since it can reduce the wheels of the economy, especially for the capital market. The purpose of this research is to protect investor-based bonds with dignified justice according to Teguh Prasetyo's dignified justice theory. The research method used is empirical or non-doctrinal. The results of the research stated that legal protections based on fairness are not only given to bond investors but issuers and trustees</em>


Author(s):  
Theresia Anita Christiani

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.


2021 ◽  
Vol 5 (2) ◽  
Author(s):  
Hasna Kharimah Septiana

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


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