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All Journal Ekasakti Journal of law and Justice
Nanda Utama
Universitas Andalas
Law, Crime, Criminology & Criminal Justice

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Challenges of Legal Consultants in Handling Law in The Capital Markets Sector Nanda Utama
Ekasakti Journal of Law and Justice Vol. 3 No. 1 (2025)
Publisher : Master of Law Program, Ekasakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60034/x8zsan27

Abstract

The financial sector in the capital market has become a favorite for investors to be able to invest in Indonesia. Capital market activities are the main spearhead in improving the welfare of the people in Indonesia, of course it cannot be separated from the main actors, especially legal consultants regarding regulations that can protect the interests of foreign and local investors. The role of this profession is very important in carrying out capital market mechanisms because this profession will determine and/or help the smooth running of capital market activities in Indonesia. The smooth running of capital market activities does not only depend on regulators, but investors who invest actually need a legal profession, namely legal consultants, to ask for legal considerations before making decisions. However, looking at increasingly complex legal events, there are certainly challenges for capital markets legal consultants to handle them. This research is legal research with a statutory approach, analytical approach and conceptual approach. The results of this research explain firstly, the role of legal consultants in the capital market directs investors to avoid or minimize legal losses in the future. The role of legal consultants is also to remind investors to carry out due diligence on shares to be purchased or executed. Legal consultants or those included in the definition of capital market supporting professions have the role of providing opinions or information (legal opinion). Second, the main basis of legal consultants in the capital markets is to provide legal opinions for investors as a form of legal consideration. However, legal consultants who carry out legal handling in the capital market must not only really understand the ins and outs of the capital market and the legal aspects of the capital market, but must also be able to carry out their duties honestly and have high credibility. Third, the challenge for legal consultants in the capital market is to maintain integrity and protect the interests of clients from parties who will harm the client in order to gain unilateral profits. It is indeed quite vulnerable to handling by capital market legal consultants because insider trading often occurs so that small investors often experience losses in both material and non-material aspects. Therefore, there is a need for the government to form legal consultants for the Capital Market with statutory legal products. In this regard, the author assesses that the legal consultant profession in the capital market requires special regulations regarding a code of ethics in order to maintain integrity in carrying out its duties as a provider of legal opinions for investors as well as its clients.
The Role of Arbitration Institutions In Resolution of Investment Disputes In Indonesia (Case Study on PT Ferrostaal AG Against PT. Nusantara III regarding Violation of Joint Venture Agreement) Nanda Utama
Ekasakti Journal of Law and Justice Vol. 3 No. 2 (2025)
Publisher : Master of Law Program, Ekasakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60034/tgx3a959

Abstract

Arbitration comes from the word "arbitrare" which means "the power to resolve a case according to policy. From the definition of arbitration, it is a policy indicating that there is a forum for resolving business disputes for parties who are wiser in finding a fair solution. H. M. N Poerwosutjipto uses the term arbitration which can be interpreted as a peace court, where the parties agree that disputes regarding personal rights that they can fully control are examined and tried by an impartial judge and the decision is binding on both parties.   On the other hand, the speed and effectiveness of dispute resolution through arbitration can also be done simply and informally, meaning it can only be determined by the parties to the dispute. The role of arbitration in carrying out legal functions and ensuring justice is seen in its authority, such as its ability to make decisions and encourage peace. The effectiveness of making decisions in dispute resolution through arbitration has been tested and is able to provide a meeting point to reach an agreement without having to sacrifice one of the parties to the dispute. Optimizing the success of dispute resolution through arbitration requires the parties to have a sense of good faith. The results of this study explain that, first, the role of arbitration in business investment disputes can be carried out in the realm of losses from one party in civil law in terms of lost profits and return those profits through the imposition of penalties to pay losses from the respondent itself. Second, the effectiveness of dispute resolution through arbitration forums is able to prove legal facts quickly and accurately so that PTPN III as a local Indonesian company is not proven guilty. In this regard, the arbitration forum is independent and cannot be intervened by any other party except the disputing parties. The author recommends the need for other legal guarantees. Therefore, in relation to this matter, legal, political, and security guarantees must be provided to the maximum by the Indonesian government because these guarantees are what the Indonesian government should offer if there is a desire to attract as many investors as possible.
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