HMP Law Office – Capital Market in Indonesia is an activity related to the Public Offering and Securities trading organized by the Indonesia Stock Exchange (IDX) with the task of organizing and providing systems and/or means to bring together bids, sells, and buy securities for other parties with the aim of trading Securities between sellers and buyers. In the capital market activities themselves, various kinds of problems may occur such as insider trading, fraud, market manipulation to falsification of financial statements so that this can cause losses for investors. – Law Firm / Capital Market Lawyer / Jogja Law Office / Jogja Law Office
Then, what is the legal settlement mechanism if there is a violation or action that is not in accordance with procedures and ethics in carrying out Capital Market activities in Indonesia? Legally, the provisions regarding the Capital Market itself have been regulated in Law No. 8 of 1995 and Government Regulation No. 45 of 1995 as well as the Decree of the Minister of Finance No. 647/KM K.010/1995. In the A Qou Law, the one who has the authority to take action on the violations committed is the Bapepam institution (Capital Market Supervisory Agency ).
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In this case, Bapepam can conduct an investigation in the form of asking for information and confirmation to the party suspected of committing a violation that occurred in the Capital Market, setting conditions and/or allowing the party suspected of committing or being involved in the violation in question, conducting an investigation if the alleged violation has strong evidence that a violation has occurred that resulted in losses to the interests of the Capital Market. Civil Servant Officials then conduct an examination of books, records, and other documents related to the criminal acts committed, block accounts at banks or other financial institutions of the Parties suspected of committing or being involved in Capital Market crimes. – Capital Market Case Settlement / Lawyer / Advocate / Legal Consultant
In the context of the investigation, Bapepam then submitted an application for permission to the relevant Minister to obtain information from the bank about the financial condition of the perpetrator at the bank in accordance with the provisions of the Banking Law. If there are strong indications of violations in the investigation process, Bapepam can impose administrative sanctions in the form of written warnings, fines, restrictions on business activities, freezing of business activities and even revocation of business licenses. – Investment Lawyer / Financial Lawyer / Law Firm / Lawyer Jogja
The criminal threat that can be applied to the suspect is the threat of a criminal penalty of a maximum of 5 years or a fine of up to 5 billion rupiah (Article 103 of Law. 8 of 1995). In addition to making a criminal report to the Bapepam Investigator, the party who feels aggrieved can also prosecute compensation through the court, either individually or jointly with other parties who have the same demands against the party or other parties responsible for the violation. – HMP & Associates Law Office
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