Financial-economic tools for identifying the signs of objective bankruptcy

Бобылева, А.З.; Львова, О.А.

doi:10.21202/1993-047x.14.2020.1.22-39

Cited by 2 publications

(1 citation statement)

References 4 publications

(8 reference statements)

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“…Actual enforcement refers to criminal law enforcement that can be carried out when sufficient evidence is available, requiring the existence of an act, a perpetrator, a violated provision, witnesses, and other evidence related to the violation (Bobyleva & Lvova, 2020). In addition to Joseph Goldstein's distinctions, Hoefnagels (1973) differentiates between law enforcement in a broad sense and law enforcement in a narrow sense, which is more focused on enforcing rules specified in legislation.…”

Section: A Enforcement Of Law Against Capital Market Violationsmentioning

confidence: 99%

The Role of the Financial Services Authority in Supervising Capital Market Flows in Indonesia

Hidayat

Aji

Aziz

2023

AIJIH

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This study aims to examine the enforcement of laws and the role of the Financial Services Authority in addressing capital market violations amid the development of economic flows in Indonesia. This study uses normative legal research with the statute and comparative approaches. The collected legal material is then qualitatively analyzed to describe the problem and answer study purposes. The results show that capital market violations consist of administrative violations and criminal offenses. Meanwhile, Bapepam’s role in addressing capital market violations has been shifted to the Financial Services Authority. OJK is a builder, regulator, and supervisor of capital market activities. In executing its law enforcement functions, OJK also has the authority to examine, impose administrative sanctions, and investigate criminal offenses to be pursued and resolved through the criminal justice system. On the other hand, based on the una via principle, OJK can also decide not to proceed to the investigation stage of an alleged criminal offense by imposing an administrative sanction in the form of a fine accompanied by a written order. In carrying out its enforcement functions, OJK enforces criminal law both preventively and repressively. Therefore, it is recommended that the OJK and relevant parties enhance coordination and collaboration in enforcing capital market laws, both preventively and repressively. This enforcement can be achieved by improving human resources capacity and infrastructure to monitor daily capital market activities. Increasing investor education and awareness is also crucial to reduce the likelihood of violations. Lastly, OJK should ensure a balanced approach between preventive and repressive law enforcement, considering the una via principle in specific cases. Implementing these recommendations will support creating a conducive, transparent, and fair capital market environment, ultimately attracting investors and further promoting Indonesia’s economic growth.

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Section: A Enforcement Of Law Against Capital Market Violationsmentioning

confidence: 99%

The Role of the Financial Services Authority in Supervising Capital Market Flows in Indonesia

Hidayat

Aji

Aziz

2023

AIJIH

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Review of methods for determining the date of objective bankruptcy

Vishnevskaya

2024

Leasing

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The article highlights the practical aspects of the application of the Methodology for Determining the Date of Objective Bankruptcy, formulated in Resolution of the Plenum of the Supreme Court No. 53 dated December 21, 2017 and some scientific articles. The advantages and disadvantages of the methodology, as well as the need to supplement the Methodology for Determining the Date of Objective Bankruptcy with an analysis of the debtor's transactions, are shown.

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Financial-economic tools for identifying the signs of objective bankruptcy

Cited by 2 publications

References 4 publications

The Role of the Financial Services Authority in Supervising Capital Market Flows in Indonesia

The Role of the Financial Services Authority in Supervising Capital Market Flows in Indonesia

Review of methods for determining the date of objective bankruptcy

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