URGENSI PERLINDUNGAN HUKUM TERHADAP PEMODAL DALAM PERDAGANGAN SAHAM DI PASAR MODAL

Sofyan, Tito (2015) URGENSI PERLINDUNGAN HUKUM TERHADAP PEMODAL DALAM PERDAGANGAN SAHAM DI PASAR MODAL. Bengkoelen Justice, 3 (2). pp. 1020-1049. ISSN 2088-3412

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Abstract

Investor is one of the most important element in capital market activities because it fulfill the need of addiltional capital for issuers, develop the market, and one of the stakeholders beside the other stakeholders, that is the issuers, management, commissioner, employee, and creditor. But the rights of the investor are oftenly forgotten because of the lack of information towards company’s resources compared to that of issuers. Because of that it needs protection from law that fair and balanced, with the norm of law interference that purposefully made by the state because the legal protection that is not sufficient with just the norm of freedom of contract. Regarding the relationship between the investor and the issuer has regulated in UUPT, including their rights, but it was not enough to give legal protection to investors in the capital market. Relationship between UUPM and UUPT is Lex Specialis with Lex Generalis. UUPM as Lex Specialis and UUPT as Lex Generalis, and as we know that Lex Specialis may differ from the general provisions or Lex Generalis. UUPT has authorized the forming of the Act to regulate the rights of investors in UUPM in the future in order to give more legal certainty, especially in the regulated of compensation, full disclosure and criminal provisions.

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