PERLINDUNGAN HUKUM INVESTOR DALAM REKSA DANA KONTRAK INVESTASI KOLEKTIF TERHADAP WANPRESTASI OLEH MANAJER INVESTASI
Main Author: | Mahmudah, L. Yayuk |
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Format: | Thesis NonPeerReviewed |
Terbitan: |
, 2004
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Subjects: | |
Online Access: |
http://eprints.umm.ac.id/19801/ |
Daftar Isi:
- The Object of this study is investor law protection in Mutual Fund Collective Investment Contract to failure by Investment Manager. Failure is one of the consequency that might be happen in transaction that was done in Mutual Fund Collective Investment Contract, especially that was done by Manager of Investment that can cause the loss in investor. In fact, the loss investor that caused by Investment Manager failure face some difficulties in proposing a claim to law-court, even in Surabaya Stock Exchange such kind of the case is discussed internally so far. Either literatures and researches before have already describe how law protection was given by capital market’s rule (UUPM) and the rule that is made by Bapepam’s rule No. IV.B.1 and No.IV.B.2. Unfortunatelly, the rules that is written by Bapepam is not done maximally. Besides, neither UUPM not the rules that was made bay Bapepam can not rise all the problems that is happen in mutual fund collective investment contract. The purpose of this research is to know the description about investor law protection in mutual fund collective contract to failure by investment manager, how the rules regulate it and the way to overcome that problems based on the rules. The research methodology is descriptive qualitative. The data that have been collected is the data that describe how law-protection and the way to solve Mutual Fund Collective Investment Contract that is given by UUPM and Bapapem’s rule. The results of this research show that the law protection that is given by UUPM about mutual fund is merely about public rules and main rules. Besides, Bapepam’s rules that is made as technical rules do not mention detailly about the risk that might happen and restricted action and what kind of punishment that can be given. So, every rule can solve the problems that might happen. The rules offer the loss investor to ask the compersation. Eventhough there is no case is handled by law-court because they prefer to solve the problem internally, so far. Based on the explanation above, the thesis writer concludes that law-protection to investor in mutual fund collective investment contract especially in failure case that is done by investment manager. Basically have arrange eventhough they just regulate the main rules. Bapepam’s rule also has arrange about this problem eventhough it does not explain clearly about failure that is done by investment manager. In fact, the rules is not done maximally. It makes most of mutual fund collective investment contract case is solve internally ratter than in law-court.