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Zfika Amanda Fitria Azil Rahmawati Fauziah
Fakultas Hukum Universitas Kuningan

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Perlindungan Hukum Investor terhadap Penggelapan Dana oleh Perusahaan Sekuritas di Pasar Modal Indonesia (Studi Kasus PT Yulie Sekuritas Indonesia) Zfika Amanda Fitria Azil Rahmawati Fauziah
Letterlijk Vol 3 No 1 (2026): Pactum
Publisher : Program Studi Ilmu Hukum, Universitas Kuningan

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Abstract

Legal protection for investors is a fundamental principle in the operation of the Indonesian capital market, particularly in preventing and addressing embezzlement or misuse of investor funds by securities companies. Despite comprehensive regulations in Law Number 8 of 1995 concerning Capital Markets and various regulations of the Financial Services Authority (OJK), violations in the form of embezzlement still occur. One case illustrating this problem is the case of PT Yulie Sekuritas Indonesia, which resulted in significant losses for investors due to the misuse of client funds. This article aims to analyze the legal protection provisions for investors in the Indonesian capital market and examine the application of the disgorgement fund mechanism as an embodiment of the principle of corrective justice in recovering investor losses. The research method used is normative legal research with a statutory regulatory approach and a case study approach. Data were obtained through a literature review of relevant primary, secondary, and tertiary legal materials, as well as an analysis of the PT Yulie Sekuritas Indonesia case. The results indicate that, normatively, legal protection for investors is regulated through preventive and repressive mechanisms. However, the effectiveness of this protection still faces obstacles in its implementation, primarily due to weak oversight and law enforcement. The case of PT Yulie Sekuritas Indonesia demonstrates that sanctions imposed do not fully guarantee the recovery of investor losses. Therefore, the disgorgement fund mechanism is an important instrument to strengthen legal protection for investors by returning funds resulting from violations to injured parties.
Dampak Finansial Teknologi terhadap Hukum Perikatan di Indonesia Fatur Faturohman; Sindi Susanti; Zfika Amanda Fitria Azil Rahmawati Fauziah
Letterlijk Vol 1 No 2 (2024): Letterlijk
Publisher : Program Studi Ilmu Hukum, Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/letterlijk.v1i2.78

Abstract

This article discusses the impact of online agreements on the law of engagement. Increasingly complex growth and development in society must be accompanied and followed by developments and regulations that can fill or provide protection for the legal needs required by society. However, with the ease of carrying out financing transactions through financial technology, parties who enter into agreements online are vulnerable and have a high potential for bad faith from other parties in entering into an agreement. The research method used is a normative legal research method with a deeper understanding of secondary information in the form of literature reviews and statutory regulations, and related literature. The results of the research show that legal protection for the parties involved is regulated in POJK NO.77/2016, the rapid development of the digital world and progress every year cannot be avoided by online-based technology, this innovation greatly influences the lifestyle of the economic community and of course provides development also to the law of Engagement.