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Transfer of Shares to Third Parties as an Event of Failure of Repo Transactions According to Pojk Number 9/Pojk.04/2015 Andisa Sekarani Wibowo; Henni Wijayanti
Journal of Social Research Vol. 2 No. 3 (2023): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v2i3.704

Abstract

According to Article 1 number 1 of POJK No. 9/POJK.04/2015, the Repurchase Agreement Transaction hereinafter referred to as the Repo Transaction, is a contract to sell or buy securities with the promise of buying or selling again at a predetermined time and price. The essence of a repo transaction, that is, the Seller can buy back the securities he has sold to the Buyer at the price and at the specified time. However, such securities have often been sold by the Buyer to a Third Party before the expiration of the repurchase period. In this journal research, the author uses a case approach with a juridical-normative method, namely legal research carried out by examining library materials or secondary data as basic material for research by conducting a search for regulations and literature related to the subject matter under study. The results showed that the mechanism for transferring shares of Public Companies through repo transactions according to POJK No. 9 / POJK.04 / 2015 consists of 2 buying and selling transactions known as the first leg and second leg and is generally carried out through the negotiation market. Furthermore, the results showed that the transfer of MYRX shares by buyers to third parties was an event of repo transaction failure. The explanation of Article 3 paragraph (3) of POJK No. 9/POJK.04/2015 has outlined several circumstances that are classified as events of default, one of which is the failure to fulfill its obligations related to Repo Transactions. This is because the transfer of shares by the buyer to a third party causes the seller to be unable to repurchase the shares he has sold, so the Buyer fails to fulfill his obligation to resell the securities in the repo transaction to the Seller.
Legal Protection of Trade Secrets in a Business Portfolio Against Misuse by Former Employees: An Analysis of Judgment No. 1035/Pdt.G/2022/Pn.Jkt.Pst Henni Wijayanti; Syaela Rizkiah
International Journal of Social Service and Research Vol. 6 No. 6 (2026): International Journal of Social Service and Research
Publisher : Ridwan Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/ijssr.v6i6.1440

Abstract

In the rapidly evolving digital economy, business information such as marketing strategies, product designs, customer databases, and project portfolios possesses significant economic value due to its capacity to provide competitive advantages for business actors. This study analyzes the legal protection of Trade Secrets concerning the Van Houten Portfolio owned by PT Flux Asia Solusindo, which was unlawfully used by its former employee, as well as examines the application of law by the judges in Decision Number 1035/Pdt.G/2022/PN.Jkt.Pst. This research employs a normative juridical method using a statutory and case approach. The findings indicate that the defendant’s actions fulfilled the elements of trade secret infringement as stipulated under Article 13 of Law Number 30 of 2000 on Trade Secrets, as well as the elements of an unlawful act pursuant to Article 1365 of the Indonesian Civil Code. However, the judges’ consideration, which relied solely on Article 1365 of the Civil Code as the legal basis for the decision, does not fully reflect the application of the principle of lex specialis derogat legi generali, whereby specific legal provisions should prevail over general provisions.