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Wisudawan, I Gusti Agung
Fakultas Hukum Universitas Mataram
Religion Agriculture, Biological Sciences & Forestry Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Public Health Social Sciences Other

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 1 
TANGGUNG JAWAB HUKUM EMITEN TERHADAP PRAKTEK INSIDER TRADING DI PASAR MODAL MENURUT UNDANG-UNDANG NO 8 TAHUN 1995 WISUDAWAN, I GUSTI AGUNG; ISMAIL, HJ. SUMIATI; BUDIARTO, AGUS
GANEC SWARA Vol 12, No 2 (2018): September 2018
Publisher : Universitas Mahasaraswati Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (481.233 KB)

Abstract

Practice Insider Trading is a fraudulent practices, because the principle of openness to shared or distributed to the public is information that is material or facts material that is information or important facts and relevant about events, occurrences, or facts that may affect the price of securities on the Stock Exchange and / or the decision of the financier, the prospective investor or any other party concerned with such information or facts. This practice is very difficult to prove. Issuers negligence for allowing the practice of insider trading by the issuer itself, it is thus the Issuer should be accountable and penalized adminitratif law. This is done so that Issuers really keep their trading in the capital market. In addition it is very urgent revision of the Capital Market Law to be done in order to provide legal certainty and provide a deterrent effect to the perpetrators of Insider Trading and give legal protection for parties working in the capital market.
OPTIMASI PENGAWASAN OLEH OTORITAS JASA KEUANGAN DI BIDANG PASAR MODAL MENURUT HUKUM POSITIF DI INDONESIA WISUDAWAN, I GUSTI AGUNG; SUTRISNO, BUDI; MULADA, DIMAN ADE
GANEC SWARA Vol 15, No 1 (2021): Maret 2021
Publisher : Universitas Mahasaraswati Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35327/gara.v15i1.177

Abstract

      The development of the capital market in Indonesia has increased from time to time but this development is not without obstacles. The obstacle that often arises is the occurrence of fraudulent practices in the capital market involving legal subjects in the capital market itself. Therefore, it is necessary to optimize supervision by the OJK in the Capital Market sector to minimize this fraudulent practice. The type of research used in this research is Normative Research with a statutory approach (Statute Approach), Conceptual Approach (Conceptual Approach), Case Approach (Case Approach), and Analysis Approach (Analytical Approach). This study also uses legal materials which consist of primary legal materials, namely legal materials in the form of Law No. 8 of 1995 concerning the Capital Market and OJK laws and regulations, secondary legal materials, namely literature related to the issues raised in this study and materials. Tertiary Law consists of a legal dictionary and encyclopedia. Legal material collection techniques used in this research is a Documentation Study with Legal Material Analysis, namely Qualitative Descriptive Analysis.       The results of this study are Optimization of Supervision by the Financial Services Authority in the Capital Market according to positive law in Indonesia, namely Revising Law No. 8 of 1995 concerning Capital Markets. Revised Law Number 21 the Year 2011 concerning the Financial Services Authority. The supervisory mechanism carried out by the OJK is to use a system of supervisory tools and supervisory action covering various checks such as securities transactions, securities agency compliance, investment management compliance, issuer compliance, and professional and supporting institutions compliance
FORMULASI PENEGAKAN HUKUM TERHADAP REKSA DANA YANG MELAKUKAN PERBUATAN MELAWAN HUKUM MENURUT HUKUM POSITIF DI INDONESIA I GUSTI AGUNG WISUDAWAN; AHMAD ZUHAIRI; ADE DIMAN MULADA
GANEC SWARA Vol 14, No 2 (2020): September 2020
Publisher : Universitas Mahasaraswati Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35327/gara.v14i2.155

Abstract

The development of Mutual Fund Institutions in Indonesia is very rapid, but not without obstacles, the obstacles are in the form of fraudulent practices committed by Mutual Fund managers whether in the form of a company or in the form of a Collective Investment Contract (KIK) led by an Investment Manager (MI), in order to restore investor confidence. Therefore, proper law enforcement formulations are required for Mutual Funds that commit acts against the law according to positive law in Indonesia so that these fraudulent acts can be minimized.The research results show that the formulation of law enforcement against mutual funds that commit acts against the law according to positive law in Indonesia is based on the existence of two theories, namely the System Theory and the Welfare State Theory and Progressive Law. The law enforcement formulations that are carried out are:a. Reformulating in the form of revisions to statutory regulations, especially Law No. 8 of 1995 concerning the Capital Market, because it is considered obsolete and not in accordance with the development of the era which entered the era of free trade and industrial revolution 4.0.b. Strengthening legal sanctions in the revision of Law No. 8 of 1995 on Capital Markets.c. Strengthening the functions and authority of the Financial Services Authority (OJK) as a regulatory, supervisory and supervisory agency in the Capital Market, including strengthening the Investment Alert Task Force.d. Conduct intensive coordination between OJK and other law enforcement officials in order to uncover cases of mutual funds that have committed illegal acts.
LEGALITAS BADAN USAHA MANDIRI TERPADU (BMT) SEBAGAl LEMBAGA KEUANGAN MIKRO BERDASARKAN HUKUM DI INDONESIA ARI RAHMAD HAKIM BUDIAWAN FIRDAUS; YUDHI SETIAWAN; I GUSTI AGUNG WISUDAWAN
GANEC SWARA Vol 15, No 1 (2021): Maret 2021
Publisher : Universitas Mahasaraswati Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35327/gara.v15i1.181

Abstract

      The existence of Baitul Maal wa Tamwil (BMT) as a microfinance institution in Indonesia has a very strategic position and role, this is not an exaggeration because in reality as a microfinance institution, BMT supports the community's economy, especially small or micro-entrepreneurs and the community. low-income earners in general who mostly live in rural areas. The existence of BMTs that is integrated with the lives of low-income people is one of the distinct advantages of this financing institution so that it makes it easier for the poor to access funding. Thus it can be said that BMT has a very important position and role because in its development it continues to increase significantly as a Micro Financial Institution, both in terms of financial performance and the number of customers that are not accessible to existing banking institutions. However, with this important existence and role, every BMT should pay attention to both institutional and operational legality aspects that must exist in him, so that the legal existence of all service products offered and guaranteed application of sharia principles in their activities
PENGATURAN BISNIS PINJAMAN SECARA ONLINE ATAU FINTECH MENURUT HUKUM POSITIF DI INDONESIA ARI RAHMAD HAKIM BF; I GUSTI AGUNG WISUDAWAN; YUDI SETIAWAN
GANEC SWARA Vol 14, No 1 (2020): Maret 2020
Publisher : Universitas Mahasaraswati Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35327/gara.v14i1.122

Abstract

Online credit lending or referred to as “Fintech” is now developing in Indonesian society and is considered as a solution to get loans without collateral for consumptive purposes. The development of Fintech certainly requires supervision by the Financial Services Authority (OJK). This research is a normative research with a statutory approach, conceptual approach, and case approach. This study also uses primary, secondary , and tertiary legal materials. The technique of collecting legal materials used in this research is the study of legal documentation, then analyzed in a qualitative descriptive manner. The results show that: 1). Online credit loan or fintech business arrangements according to positive law in Indonesia are regulated by Bank Indonesia Regulation, No 18/40 / PBI / 2016 and No 19/12 / PBI / 2017, Member of the Board of Governors Regulation No. 19/14 / PADG / 2017 and No 19/15 / PADG / 2017. 2), the form of supervision carried out by the Financial Services Authority (OJK) of the online credit business is an integrated and coordinated supervision system between legal structures such as the Police, BI. OJK, and Investment Alert Task Force
PENERAPAN SANKSI HUKUM TERHADAP PELANGGARAN KETERBUKAAN YANG DILAKUKAN OLEH EMITEN DI PASAR MODAL INDONESIA I GUSTI AGUNG WISUDAWAN; BUDI SUTRISNO; DIMAN ADE MULADA; L. ACHMAD FATHONI; ARI RAHMAD HAKIM BF
GANEC SWARA Vol 17, No 2 (2023): Juni 2023
Publisher : Universitas Mahasaraswati K. Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35327/gara.v17i2.466

Abstract

This study focuses on the application of legal sanctions against disclosure violations committed by issuers in the Indonesian capital market.The type of research used in this research is Normative Research with Statute Approach, Conceptual Approach. This study also uses legal materials which consist of primary legal materials, namely legal materials in the form of Law No. 8 of 1995 concerning Capital Markets and Law No. 21 of 2011 concerning the Financial Services Authority. Secondary Legal Materials, namely literature and scientific articles relating to the issues raised in this study and Tertiary Legal Materials consisting of legal dictionaries and encyclopedias. The technique for collecting legal materials used in this research is a Documentation Study with Analysis of Legal Materials, namely Qualitative Descriptive Analysis. The results of this study are that renewal in the form of reconstruction of legal sanctions in the form of increasing the length of imprisonment and increasing the amount of fines for violations of openness in the Capital Market is absolutely necessary in strengthening the existence of the Capital Market in Indonesia so as to create a healthy economic climate and attract investors to invest in the Indonesian Capital Market. The mechanism for imposing sanctions on issuers who violate transparency in the Capital Market has been regulated normatively in Article 101 of Law No. 8 of 1995 concerning Capital Markets and reaffirmed in Article 9 of Law No. 21 of 2011 concerning the Financial Services Authority and Circular Letters Financial Services Authority of the Republic of Indonesia Number: 7 /SEOJK.04/2022 Concerning Procedures for Examination in the Capital Markets Sector. This is done in order to create substantive justice in the field of the Indonesian Capital Market.
PENINGKATAN KESADARAN MASYARAKAT MELALUI PENYULUHAN HUKUM TENTANG IZIN USAHA PERDAGANGAN DI DESA GIRI MADIA, KECAMATAN LINGSAR, KABUPATEN LOMBOK BARAT I GUSTI AGUNG WISUDAWAN; BUDI SUTRISNO; DIMAN ADE MULADA; L. ACHMAD FATHONI
GANEC SWARA Vol 17, No 4 (2023): Desember 2023
Publisher : Universitas Mahasaraswati K. Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35327/gara.v17i4.625

Abstract

This paper focuses on increasing public awareness about the importance of obtaining a trading business license in Giri Madia Village, Lingsar District, West Lombok Regency. The formulation of the problem in this paper is what are the benefits of administering a trading business license and what is the mechanism for obtaining a trading business license. The type of research used in this study is Normative-Empirical Research with Statute Approach, Conceptual Approach and Sociological Approach. This paper uses legal materials consisting of primary legal materials, namely Law No. 20 of 2008 concerning Micro, Small and Medium Enterprises,Regulation of the Minister of Trade of the Republic of Indonesia No. 07/M-Dag/PER/2/ 2017 Regarding the Third Amendment to the Regulation of the Minister of Trade Number 36/M-Dag/PER/9/2007 concerning Issuance of Trading Business Permits and Regulation of the Minister of Trade of the Republic of Indonesia No. 50 of 2020 concerning Provisions for Business Licenses, Advertising, Guidance and Supervision of Business Actors in Trade Through Electronic Systems. Secondary Legal Materials, namely literature and scientific articles relating to the issues raised in this study and Tertiary Legal Materials consisting of legal dictionaries and encyclopedias. The technique of collecting legal material/data used in this study is Documentation Studies and Interviews with Analysis of Legal Materials, namely Qualitative Descriptive Analysis with deductive conclusions. The results of this study are that the people of Giri Madia Village have increased their understanding and enthusiasm for managing trade business permits in running a business either directly or through E-Commerce. Apart from that, the benefits of having a business license are opening up access for MSME actors to obtain credit at financial institutions.
Co-Authors Abdul Atsar ADE DIMAN MULADA Agus Budiarto Agustina Purwasih Ahmad Zuhairi Ari Rahmad Hakim B.F. Ari Rahmad Hakim BF Bayo Sili, Eduardus Budi Sutrisno Budi Sutrisno Budi Sutrisno Chika Nur Narulita Diman Ade Mulada Diman Ade Mulada Diman Ade Mulada Diman Ade Mulada Diman Ade Mulada, Diman Ade Djumardin Djumardin Dwisangga, Ni Kadek Kirana Mirah Eduardus Bayo Sili Eduardus Bayo Sili Eduardus Bayo Sili H. MOH SALEH Hariyanto, Nadia Tania Putri Huda Yatur Rahman I GUSTI AGUNG DIDIT EKA PERMADI I Gusti Ayu Marchelia Yusa ISMAIL, HJ. SUMIATI Ismail, Sumiati Khairus Febryan Fitrahadi L. ACHMAD FATHONI L. Achmad Fathoni L. Wira Pria Suhartana Lalu Wira Pria Suhartana Made Aprilia Lestari Moh. Saleh Moh. Saleh MOH. SALEH Muhammad Sood Ni Nyoman Putri Ayudiana Nurlaela Indah Sari PERMADI, I GUSTI AGUNG DIDIT EKA Putri Auliya Lestari Putri Raodah Putri Warda Raska Raky, Raky Cahya Purnama Rezy Putri Ramadiyanti Saleh, Moh Silvia Handayani Zuhairoh Sudiarto, Sudiarto Sumiati Ismail Sumiati Ismail Wardani, Nizia Kusuma Wulandari, Ni Kadek Sri Yudhi Setiawan Yudhi Setiawan Zainal Asikin