Barbie Puteri
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Analisis Yuridis terhadap Perlindungan Hukum bagi Pemegang Obligasi tanpa Jaminan dalam Kepailitan Emiten di Pasar Modal Gibran Ibnu Sina; Yahya Ayyash Ibrahim Pasha; Barbie Puteri
Referendum : Jurnal Hukum Perdata dan Pidana Vol. 2 No. 2 (2025): Juni : Referendum : Jurnal Hukum Perdata dan Pidana
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/referendum.v2i2.753

Abstract

Economic development in today's world has grown rapidly, leading to numerous changes in human life. By investing in the capital market, it becomes one of the alternatives for financing the community's economy and is easily accessible to the public. One of them is to invest in bond securities in issuer companies. However, by purchasing bonds in the capital market with the issuer company, in addition to providing benefits through interest rates, there are risks, including if the issuer company goes bankrupt. Under these conditions, the holder of the unsecured bond will be positioned as a concurrent creditor, whose repayment is made after the separatist and preferred creditor. Although not guaranteed collateral, bondholders still obtain legal guarantees of their rights through information disclosure, the role of trustees, and arrangements within the applicable legal framework.
Perlindungan Hukum bagi Investor akibat Initial Public Offering yang Mengandung Misleading Disclosure oleh Liability Underwriter Muhammad Rafi Farabi; Barbie Puteri; Dylan Budiono Putra
Pemuliaan Keadilan Vol. 3 No. 3 (2026): Juli : Pemuliaan Keadilan
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/pk.v3i3.1908

Abstract

An Initial Public Offering (IPO) is a capital-raising mechanism in the capital market that is fundamentally based on the principle of information disclosure to ensure investor protection. However, in practice, prospectuses may contain false, incomplete, or misleading information (misleading disclosure), potentially causing financial losses to investors. Responsibility for such disclosure extends beyond the issuing company to the underwriter, who is obligated to conduct due diligence and ensure the accuracy and completeness of the information presented in the prospectus. This study aims to analyze the legal liability of underwriters involved in misleading disclosure during IPOs and to examine the legal protection available to affected investors. The research employs a normative juridical method using statutory and library approaches by reviewing Indonesian capital market regulations, including Law Number 8 of 1995 on the Capital Market, Law Number 4 of 2023 on the Development and Strengthening of the Financial Sector, and regulations issued by the Financial Services Authority (OJK). The findings indicate that underwriters may be held administratively, civilly, and criminally liable if proven responsible for misleading disclosure. Investor protection is provided through preventive mechanisms, such as disclosure principles, OJK supervision, and due diligence, as well as repressive mechanisms, including compensation claims, dispute resolution, and legal sanctions. Nevertheless, the effectiveness of these protections depends on consistent supervision and law enforcement.