Journal of Indonesian Law (JIL)
Vol 2, No 1 (2021)

DISGORGEMENT (FUND): A NEW ERA OF INVESTOR PROTECTION IN THE CAPITAL MARKET

Nikmah Mentari (Fakultas Hukum, Universitas Hang Tuah Surabaya)



Article Info

Publish Date
30 Jun 2021

Abstract

Violations in the capital market often harm investors. Despite administrative and criminal sanctions, the losses suffered by investors are not recoverable. If an investor wants to make a collection or claim for compensation, they must go through a civil suit that takes time, cost and energy. This causes a crisis of confidence in investment in the capital market due to the lack of legal protection. Therefore, the return of profits received illegally must be returned which is called disgorgement. Disgorgement is a legal protection for investors in the capital market that significantly impacts the return of compensation. This paper uses normative legal research with a statutory and conceptual approach. The results obtained that the importance of legal protection for investors will affect the existence of the capital market itself. Through disgorgement, investors will feel protected by their interests, thus creating justice. The existence of justice for investors as victims is the goal of legal protection itself.

Copyrights © 2021






Journal Info

Abbrev

jil

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Journal of Indonesian Law is an academic journal published twice a year (June and December) by the Faculty of Sharia State Institute of Islamic Studies (IAIN) Salatiga.Journal of Indonesian Law emphasizes specifications in the discourse of Indonesian Law . The journal focuses on Indonesian Law ...