EFEKTIFITAS SISTEM PEMBUKTIAN TINDAK KEJAHATAN INSIDER TRADING DI INDONESIA
This study of the effectiveness of insider trading crime evidence systems in Indonesia using normative juridical approach conducted through literature research with the study documents the primary, secondary and tertiary legal materials. In addition, the researcher also conducted field research to o...
Saved in:
| Main Authors: | , |
|---|---|
| Format: | Theses and Dissertations NonPeerReviewed |
| Published: |
[Yogyakarta] : Universitas Gadjah Mada
2013
|
| Subjects: | |
| Online Access: | https://repository.ugm.ac.id/123825/ http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=63941 |
| Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
| Institution: | Universitas Gadjah Mada |
| Summary: | This study of the effectiveness of insider trading crime evidence systems
in Indonesia using normative juridical approach conducted through literature
research with the study documents the primary, secondary and tertiary legal
materials. In addition, the researcher also conducted field research to obtain
materials in order to support the data obtained in the research literature. This study
aims to identify and search for answers to the problems concerning the
effectiveness of the insider trading crime evidence system in Indonesia and
improvement efforts should be made to the evidence system.
One of the important key in transactions in the capital market is
information . This information is an information regarding the future prospects of
a company or companies in the capital market. This is information that would
affect the share price of a listed company. Given the importance of this
information and capital market participants would try to get this information
before other capital market participants know it. It is a natural that an insider of a
company would know in advance what will happen to the company. Therefore, it
is not fair if the information is used to perform transactions. Under these
conditions, acts of insider trading is prohibited by the Capital Markets Law.
Based on the data that the authors get, breach or alleged criminal offenses
in the field of capital markets continues to increase every year. This increase is
influenced by several factors, namely the rule of law and society. Therefore there
are some improvements to be made. Existing laws in the Indonesian capital
markets today are outdated that it cannot protect the interests of capital market
capital of infringement or alleged crime capital markets, particularly insider
trading. Embraced concept of fiduciary duty by the Capital Market Law should
have been replaced with the concept of misappropriation theory on a grand scale.
The expansion of the authority of the OJK to track cash flow and savings
customers of a bank also needs to be improved. As for the capital market
participants, should apply more severe sanctions that can give a deterrent effect
for perpetrators of the Capital Market Law. |
|---|