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All Journal Jurnal Analogi Hukum Kertha Patrika Open Access DRIVERset
Dewi, Ida Ayu Cintiya Kencana
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Law, Crime, Criminology & Criminal Justice

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Perlindungan Hukum Terhadap Investor Akibat Praktik Manipulasi Dalam Pasar Modal Dewi, Ida Ayu Cintiya Kencana; Budiartha, I Nyoman Putu; Ujianti, Ni Made Puspasutari
Jurnal Analogi Hukum 288-293
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.3.3.2021.288-293

Abstract

The existence of manipulation practices in the capital market that harm investors are an event that requires legal protection. Investors and the public need to know more about market manipulation in the capital market. Market manipulation is one of the capital market's most heinous crimes. The subject addressed in this thesis is how to govern capital market manipulation tactics for investors. Furthermore, what legal protection does an investor have in the event of stock market manipulation? The research utilized is normative legal research, which looks at written legislation from a variety of perspectives but does not look at how it is applied or implemented. With normative legal research types, to collect legal sources, the authors undertake research using materials in the form of primary, secondary, and tertiary legal materials. This study concludes that market manipulation is an activity carried out to create a false picture of trading activities and prices in the stock exchange. This activity is usually carried out by individuals in the capital market who aim to influence stock prices and disseminate incomplete information. Preventive and repressive legal protection are two options for legal protection. While in repressive legal protection, meaning litigation, non-litigation, and sanctions, preventive legal protection is carried out by giving public education and oversight by the OJK on transactions.
Comparison of Personal Guarantees and Collateral in Bank Credit Agreements and Leasing Financing Dewi, Ida Ayu Cintiya Kencana; Putra, I Made Aditya Mantara
Kertha Patrika Vol. 47 No. 3 (2025): Reinterpreted Civil, Administrative, and Criminal Law into Indonesia Legal Dev
Publisher : Faculty of Law, Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/KP.2025.v47.i03.p05

Abstract

This study aims to analyse the effectiveness of guarantees in bank credit agreements and leasing financing, specifically comparing personal guarantees and collateral. Using a normative research method, this study investigates the regulations governing both types of guarantees from the perspective of Indonesian positive law. The objective of this study is to provide a better understanding of when and why each type of collateral should be used, as well as to identify challenges in its application. Through literature studies, analysis of legislation, and a review of court decisions, this study finds that collateral offers greater legal certainty and facilitates execution, especially when the collateral has a stable market value. Conversely, personal guarantees provide flexibility in collateralisation but are highly dependent on the guarantor's financial capacity and good faith. The results of this study are expected to provide recommendations for legal practice in the field of financing and assist creditors in selecting the optimal type of collateral for their situation.
Comparison of Personal Guarantees and Collateral in Bank Credit Agreements and Leasing Financing Dewi, Ida Ayu Cintiya Kencana; Putra, I Made Aditya Mantara
Kertha Patrika Vol. 47 No. 3 (2025): Reinterpreted Civil, Administrative, and Criminal Law into Indonesia Legal Dev
Publisher : Faculty of Law, Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/KP.2025.v47.i03.p05

Abstract

This study aims to analyse the effectiveness of guarantees in bank credit agreements and leasing financing, specifically comparing personal guarantees and collateral. Using a normative research method, this study investigates the regulations governing both types of guarantees from the perspective of Indonesian positive law. The objective of this study is to provide a better understanding of when and why each type of collateral should be used, as well as to identify challenges in its application. Through literature studies, analysis of legislation, and a review of court decisions, this study finds that collateral offers greater legal certainty and facilitates execution, especially when the collateral has a stable market value. Conversely, personal guarantees provide flexibility in collateralisation but are highly dependent on the guarantor's financial capacity and good faith. The results of this study are expected to provide recommendations for legal practice in the field of financing and assist creditors in selecting the optimal type of collateral for their situation.
Co-Authors I Made Aditya Mantara Putra I Nyoman Putu Budiartha Ujianti, Ni Made Puspasutari