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Journal : ISNU Nine-Star Multidisciplinary Journal (INS9MJ)

Issuer's Responsibility in Bond Default Disputes Annisa Larasati; M. Rivky Abdillah Putra; Fatimah Panggabean; Andhika Bayu Pranata; Syifa Sirait
ISNU Nine-Star Multidisciplinary Journal Vol. 2 No. 3 (2025): Vol.2 No.3 Desember 2025
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/ins9mj.v2i3.930

Abstract

Bonds as one of the capital market instruments are a long-term funding option for issuers. However, in practice, it is not uncommon for defaults to arise in legal disputes between issuers and investors. This study aims to analyze the form of legal responsibility of issuers in the case of bond default and review the dispute resolution mechanisms available in Indonesia. The research method used is normative juridical with a legislative approach, court decisions, and case studies. The results of the study show that issuers have a civil legal responsibility to fulfill the obligation to pay interest and principal bonds as stated in the bond issuance agreement. The failure of the issuer to fulfill these obligations may lead to lawsuits from bondholders, either through the courts or dispute resolution institutions such as arbitration and mediation. In addition, the role of the Financial Services Authority (OJK) is very important in supervising and protecting investors. This study recommends strengthening regulations and information transparency from issuers to prevent future defaults.  
Legal Protection in the Indonesian Insurance Industry: A Comprehensive Analysis Shaila Aulia Prilini; Fitrah Ardiansyah; Aulia Pratama; Dinda Seplinar Batubara; Annisa Larasati
ISNU Nine-Star Multidisciplinary Journal Vol. 2 No. 3 (2025): Vol.2 No.3 Desember 2025
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/ins9mj.v2i3.932

Abstract

The development of the insurance industry in Indonesia demands a strong and effective legal system to protect the interests of all parties, including insurance companies, insureds, and regulators. However, there are still challenges in the implementation of basic insurance legal principles, such as the principles of good faith, indemnity, subrogation, and contribution, so a comprehensive study of the theoretical foundations, regulations, and practices in the field is needed. This study aims to analyze insurance law in Indonesia comprehensively, by assessing the suitability of theory, regulation, and implementation. The method used is normative legal research, which focuses on the study of laws and regulations, legal doctrine, and case analysis to assess the application of law in practice. This study covers Law Number 40 of 2014 concerning Insurance and its implementing regulations, including the Financial Services Authority (POJK) regulations. The results show that although regulations have provided a clear legal framework, there are a number of obstacles in implementation, such as lack of understanding of the insured, complex administrative practices, and limited oversight. This study concludes that the harmonization between insurance legal principles, regulations, and practices needs to be strengthened to ensure optimal legal protection, while encouraging the operational effectiveness of the insurance industry in Indonesia.