Insider Trading: Law of the Republic of Indonesia Number 8 of 1995 on Capital Market from Typewriters to Digital Era

Johan, Suwinto; Ariawan, Ariawan; Yuan, Luo Yuan

doi:10.26555/novelty.v13i1.a19101

Cited by 3 publications

(2 citation statements)

References 24 publications

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“…Di Jepang, teman eksekutif dihukum karena mendapatkan informasi dari temannya dan mengambil keuntungan dari transaksi insider trading. 28 Teori penyalahgunaan (misappropriation theory) mengatakan "setiap orang yang menggunakan inside information atau informasi yang belum tersedia untuk publik melakukan perdagangan saham atas informasi tersebut dikategorikan sebagai insider. Walaupun orang yang melakukan perdagangan itu tidak mempunyai fiduciary duty dengan perusahaan".…”

Section: Hasil Dan Pembahasanunclassified

Dilema Fiduciary Duty Theory dan Misappropriation Theory Dalam Kejahatan Pasar Modal di Indonesia

Syazali

2023

legalitas

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Crime in the capital market is a matter of great urgency for every investor in ensuring legal certainty involving in Indonesia many cases that have occurred in the capital market that have not reached court, this has many causal factors starting from company organs related to information in public offerings and OJK in this case as the supervisor of the capital market because of the problem of Implications of Fiduciary Duty Theory and Misappropriation Theory in capital market crimes in Indonesia. writing using normative juridical legal methods, namely library law research and the results of research on the Capital Market Law need to be revised to suit the times. By comparing the two theories above, and analyzing articles 95 and 97 UUPM which regulate legal subjects, it can be seen that Fiduciary duty has weaknesses and results in legal loopholes exacerbated by the rapid advancement of technology so that an outsider who accidentally obtains material information/facts is very likely to be free from insider trading in Indonesia.

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Section: Hasil Dan Pembahasanunclassified

Dilema Fiduciary Duty Theory dan Misappropriation Theory Dalam Kejahatan Pasar Modal di Indonesia

Syazali

2023

legalitas

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“…8/1995 on Capital Market, which defines a public limited company as one with a minimum of three hundred shareholders and at least three billion Rupiahs in paid-up capital, or a different number of shareholders and paid-up capital as defined by government regulation. 43 A notable numerical disparity exists between the paid-up capital requirements for a public limited company as per POJK 57/2020 and those specified in Law No. 8/1995 on Capital Markets.…”

Section: Navigating Regulatory Complexities In Debt-based and Securit...mentioning

confidence: 99%

Overcoming Regulatory Hurdles in the Indonesian Crowdfunding Landscape

Noor,

Marzuki,

Saputro

et al. 2023

volksgeist

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With the exponential rise in crowdfunding, several pertinent issues have come to the fore. These include unauthorized access to personal data, exorbitant interest rates for funding recipients, and investor fund security concerns. Other issues, such as aggressive debt collection practices and misuse of donated funds, also warrant attention. The underdeveloped state of crowdfunding regulations in Indonesia, which offers insufficient legal certainty and protection, is often blamed for these issues. Thus, a thorough examination of the legal and regulatory framework governing crowdfunding in Indonesia is crucial. This study scrutinizes the legal norms, identifies, and harmonizes the diverse regulations applicable to crowdfunding in Indonesia. The findings underscore the necessity for enhancements in the laws and regulations pertinent to crowdfunding. Key areas of focus should include establishing a legal status for crowdfunding platforms, setting fair interest rates, fortifying investor fund security mechanisms, penalizing illegal crowdfunding activities, and intensifying oversight of fund usage in donation-based crowdfunding schemes. Equally crucial is the imposition of penalties for regulatory breaches in crowdfunding, reflecting a genuine commitment towards ensuring justice and legal certainty in all crowdfunding transactions.

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Justice Aspects of Financial Service Authorities’s Competence for Bankruptcy and PKPU of Financial Service Institutions Based on Law No. 4 Year 2023

Johan

Gunadi

2023

MERCATORIA

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The Law on the Development and Strengthening of the Financial Sector was legalized by President Joko Widodo. The Act is known as Law No. 4 of 2023 often known as the P2SK Law, which stipulates that the Financial Services Authority or Otoritas Jasa Keuangan (OJK) is the only party that has the authority to file for bankruptcy and postpone debt payment obligations for financial service institutions. This research will provide novelty, especially on the definition of justice in the financial services sector, especially related to the interests of consumers and creditors with regulatory authority.This right has eliminated the creditor rights of insolvent financial service institutions. Creditors do not have any rights or legal action against defaulting or insolvent financial institutions. This research aims to examine the authority of OJK over bankruptcy and PKPU of Financial Services Institutions and justice for other creditors dan consumers according to the OJK’S authority. This researchers employed the normative juridical method. This study concluded that the authority of the OJK must be reviewed with consideration of the authority already possessed by the OJK, practical conditions in the business world specifically for financial service institutions, and the position and rights of creditors for loans to financial service institutions. The results of the study also found that the authority of the Financial Services Authority did not reflect the value of justice for consumers and creditors

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Insider Trading: Law of the Republic of Indonesia Number 8 of 1995 on Capital Market from Typewriters to Digital Era

Cited by 3 publications

References 24 publications

Dilema Fiduciary Duty Theory dan Misappropriation Theory Dalam Kejahatan Pasar Modal di Indonesia

Dilema Fiduciary Duty Theory dan Misappropriation Theory Dalam Kejahatan Pasar Modal di Indonesia

Overcoming Regulatory Hurdles in the Indonesian Crowdfunding Landscape

Justice Aspects of Financial Service Authorities’s Competence for Bankruptcy and PKPU of Financial Service Institutions Based on Law No. 4 Year 2023

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