DiH : Jurnal Ilmu Hukum
Vol 13, No 25 (2017)

ECONOMIC ANALYSIS OF LAW TERHADAP PEMIDANAAN INSIDER TRADING DALAM PROSES MERGER SEBAGAI KEJAHATAN KORPORASI

Sudwijayanti, Sudwijayanti (Unknown)



Article Info

Publish Date
01 Feb 2017

Abstract

Corporate crime is one of the crimes that arise with the advanced of economic, technological and trade liberalization activities. The problems with non-conventional crimes are due to the difficulty of clearly determining the victims and the difficulty of criminal prosecution of perpetrators. Corporate liability is also not well known in Indonesian criminal law, due to the very strong influence of the principle of sociates delinquere non-potest. One of the capital market crimes that may occur as a corporate crime is insider trading. Insider trading defined as securities trading transactions conducted by insiders by utilizing insider information that has not been published. Information on the merger as a form of corporate restructuring categorized as material facts. Merger is a legal act of one or more Companies to merge with another Company into one of existing company. In case that insider trading takes place in the merger process by the corporation, difficulty of verification for punishment will be complicated, considering the legal vacuum to convict that crime. Prosecution towards corporations, eventhough closely related to financial matters, but also intersect with purposes and functions, i.e. the protection of society and the individual offenders. Based on that purpose, Economic Analysis of Law expected to answer the legal vacuum and determine the important aspects of proper legal practice, so that a specific and appropriate punishment can be found for the offense. Considering not all penalties can be imposed on corporation. Hopefully, Economic Analysis of Law able to provide solutions for Indonesia modern criminalization.

Copyrights © 2017






Journal Info

Abbrev

dih

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

DiH: Jurnal Ilmu Hukum is published by the by the University Law Faculty Doctor of Law Study Program August 17, 1945 Surabaya. First published in 1996 and up to now there are as many as two editions per year. This journal gives readers access to download journal entries in pdf file format. DiH: ...