CD Skripsi

Tinjauan Yuridis Terhadap Perdagangan Saham Tanpa Warkat (Scripless Trading) Di Pasar Modal Dalam Hukum Pembuktian

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BSTRACT
In the capital market, securities or shares are the object of sale.
Advances in information technology have brought changes in the capital market
industry, namely the abandonment of a manual trading system with a
computerized electronic-based trading system without the delivery of physical
certificates or shares or known as scripless stock trading, which changes are not
in line with the provisions in The Civil Code and Law Number 40 of 2007 on
Limited Liability Companies, thus complicating the dispute resolution process,
especially in court evidence. The objectives of this thesis are: First, to know the
implementation of scripless share trading in the Indonesian capital market,
Second, to find out the certification of shares in scripless share trading, Third, to
find out the proof of share ownership in scripless share trading disputes in
court.
This research is a type of research that is normative or what is also
called doctrinal legal research, which specifically discusses legal principles.
Because in this study the authors use a statutory approach, namely an approach
that is carried out by examining all statutory regulations that are related to the
problems (legal issues) that are being faced. The data sources used are primary
data, secondary data, and tertiary data. Data collection techniques are carried
out by conducting literature studies.
From the research, there are three main points that can be concluded.
First, scripless stock trading is carried out electronically by book-entry on the
IDX. To make a transaction, an investor must become a customer in a securities
company as an intermediary in the sale and purchase of shares. The traded
securities must be collectively stored or deposited in the KSEI storage center
and guaranteed to KPEI to process the Depository Receipts issuance. This
implementation is contrary to the principle of leveraging bezit which is
regulated in the Civil Code and the Limited Liability Company Law, so it does
not fulfill the aspect of legal certainty. Second, the issuance of a law that
recognizes Electronic Information and / or Electronic Documents and / or their
printouts as valid legal evidence is an attempt to fulfill the principle of legal
certainty in Electronic Information and Transactions, but does not classify into
deeds and the consequences of legal force contained in it so that it is against the
principle of legal certainty. Third, the parties can submit a Depository Receipt
as valid evidence in court which is an extension of legal evidence in accordance
with Indonesian procedural law. To be used as evidence, the parties must print
the Depository Receipt. Regarding the classification of deeds and their legal
force, it is entirely up to the judge's judgment. In general, as long as the law
does not provide otherwise, the judge is free to judge the evidence. Author's
suggestion, First, the executive and / or legislative should make amendments to
the law so that it is regulated under one legal umbrella (omnibus law) which
also contains rules regarding objects and the transfer of rights to these objects
that do not conflict with the general principles of civil law. Second, it is best if
the executive and / or legislature immediately fill the legal void as a
development of procedural law (proof) in Indonesia under one legal umbrella
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along with the rules regarding scripless share trading so that the principle of
legal certainty is fulfilled. Third, the executive and / or legislative members
should enact regulations regarding proof of scripless stock trading, with regard
to the position and legal strength of their depository receipts, which are clear
and limitative, an effort to fulfill the principle of legal certainty so that there is
no difference in opinion and the judge's decision in stock trading disputes.
scriptless.
Keywords: Trade – Scripless Trading - Proof

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

09 04. 120 (0255)

Penerbit

Pekanbaru : Universitas Riau – Fakultas Hukum – Hukum Pidana., 2020

Deskripsi Fisik

x, 66 hlm.; ill.: 29 cm

Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

09 04. 120 (0255)

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM PERDATA BISNIS

Info Detail Spesifik

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Pernyataan Tanggungjawab

Daus

Versi lain/terkait

Lampiran Berkas

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