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Christine S. T. Kansil
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Law, Crime, Criminology & Criminal Justice

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EFEKTIVITAS PERATURAN OTORITAS JASA KEUANGAN NOMOR 9/ POJK.04/2015 TAHUN 2015 TENTANG PEDOMAN TRANSAKSI REPURCHASE AGREEMENT BAGI LEMBAGA JASA KEUANGAN (STUDI KASUS TRANSAKSI REPO SAHAM BENNY TJOKROSAPUTRO TAHUN 2016) Debora Kezia Wijaya; Christine S. T. Kansil
Jurnal Hukum Adigama Vol 2, No 1 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (922.737 KB) | DOI: 10.24912/adigama.v2i1.5247

Abstract

Effectiveness is a situation that shows how the achievement of something with both time and good result. Effectiveness of government regulation means that the regulators have succeed implementing and applying the regulation in society. The effectiveness of government regulation is also apparent from whether the objective of the regulation is sufficient or not. The Financial Services Authority has made the Repurchase Agreement Transaction Regulation in 2015, which known as Financial Services Authority Regulation Num. 9/POJK.04/2015 Concerning Guideline of Repurchase Agreement Transaction for Financial Services Institution. Repurchase Agreement Transaction hereinafter referred to as Repo Transaction is a contract of selling or buying Securities with a commitment to sell or buy them back at the appointed time and price. The Repo Transaction is one of transaction in Indonesia’s Capital Market. Repo Transactions are essentially type of transactions that can be considered as selling and buying Securities, but actually Repo Transaction is not same as selling and buying Securities in general. Differences between Repo Transaction and selling and buying Securities also seen in the effect of the Repo Transaction itself, each Repo Transaction shall result in a change of ownership of Securities. There had been a dispute in 2016 related to Repo Transaction between Benny Tjokrosaputro and an Investment Bank Goldman Sachs International, in his accusation Benny contends the transaction between Goldman and Platinum committed an illegal action of Repo Transaction, and it’s a tort. It is expected that this regulation can provide protection and legal standing related to Repo Transaction in Indonesia.
ANALISIS PENERAPAN PASAL 245 UU NO. 37 TAHUN 2004 TENTANG KEPAILITAN DAN PKPU DALAM (STUDI KASUS PUTUSAN NO:03/PDT.SUS-PKPU/2016/PN.NIAGA.JKT.PST.) Henry Prawira; Christine S. T. Kansil
Jurnal Hukum Adigama Vol 2, No 1 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v2i1.5255

Abstract

Bankruptcy has become a common problem in today's business world, under the Bankruptcy and Suspension of Payment Act, in addition to bankruptcy, one can do so through Suspension of Payment. Suspension of Payment is a method of debt-receivable dispute resolution which is supervised by a supervisory and administering judge, whose final legal product is peace or insolvency. Not all Debtors have good intentions, sometimes payments are made after Suspension of Payment's application is registered. According to the Article 245 of Law Number 37 of 2004 on Bankruptcy and Suspension of Payment, all payments made before the Suspension of Payment are not permitted, after the Suspension of Payment application has been applied for and has been registered at the commercial court in the district court. However there is a dualism of understanding of the prohibition, some claim that the payment is permissible, and some claim that the payment is not permitted. Many Debtors use these payments to abort the formal requirements of Suspension of Payment, which is not in accordance with the legal objectives of justice for all parties, because the usual payment is payment to only a portion of creditors, who have smaller debts, which makes other creditors not get legal certainty, and the consequence of that is that PKPU's application must be rejected. The purpose of this study is to find out how to apply Article 245 of Act No. 34 of 2004 as it should, so that it can be adjusted to the purpose of law, namely justice.
PERAN OJK MELALUI PERATURAN NOMOR 71/POJK.05/2016 TENTANG KESEHATAN KEUANGAN PERUSAHAAN ASURANSI DAN PERUSAHAAN REASURANSI TERHADAP PERUSAHAAN ASURANSI YANG MEMILIKI TINGKAT KESEHATAN KEUANGAN RENDAH Suhandi Suhandi; Christine S. T. Kansil
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

insurance agreement in nowaday isn't only as a protection of healthiness and asset, nowadaysinsurance is also used as an investment . there are so many insurance company nowadays that couldbe a choice for society. because there are so many dif erent insurance company, it makes a competitionbetween them, as a result they are trying to make a new product that could make an interest frompeople. however, the product is not always made well and their management of risk is often poor so itneed to supervision by a institution. As an example, Jiwasraya that made a product that called JSSaving Plan that made high loss for the state. in Indonesia, OJK is a authority that made especiallywith a function of regulating, evaluating, and investigation for every institution that works with afinancial scope. as a duty of OJK, they made a regulation that made especially for regulating thefinancial health of the insurance company that can be found on POJK Nomor 71 Tahun 2016 and someof SEOJK that made as a guidelines for the company to managing their financial health and also thefinancial statement.in the practice, there are a loop hole from the regulation that can be an obstaclefor OJK to diagnose the poor financial level of the company. while the financial health of the companyis an important thing to avoid the loss for the people.
Co-Authors Debora Kezia Wijaya Henry Prawira Suhandi Suhandi