PERBANDINGAN HUKUM INDONESIA DAN AMERIKA SERIKAT TERKAIT INSIDER TRADING (KASUS DAVID BLASZCZACK)

ANA MUSTAFIDAH ALFAJRIYATI, NIM. 14340014 (2021) PERBANDINGAN HUKUM INDONESIA DAN AMERIKA SERIKAT TERKAIT INSIDER TRADING (KASUS DAVID BLASZCZACK). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The capital market is an important instrument and benchmark for the economic development of a country. The Law labor copyright act is a new breakthrough for the Indonesian reform system where on October 5, 2020, the decree for Law No. 11 of 2020 was passed on labor copyright. Purpose of the creation of this Law is for adjustment associated with increased investment, ease and acceleration of the national strategic project. So that copyright Law can be used as a tool for monitoring trading volume activity in order to avoid crime in the capital market. In the capital market can also give birth to several crimes, one of which is insider trading insider trading. Insider trading is a form of crime that can only be committed by certain people who are in the organization of the company. One example of insider trading crimes in the United States can be seen from the case of United States V. Blaszczak: Second Circuit Ruling Heightens Risks of Insider Trading Investigations and Prosecutions. So the problem formulation in this study is: 1) How does the approach of disclose or abstain theory, fiduciary duty theory and misappropriation of theory tradition of common low relate to insider trading in the case of David Blaszczack ?, 2) How does insider trading compare in Indonesia and the Common Low especially the United States? This study uses research methods that are descriptive analytically comparative with a comparative juridical analytical approach. The legal resources used in this study are Law No. 8 of 1995 on Capital Market, Law No. 21 of 2011 on Financial Services Authority, Law No. 40 of 2007 on Limited Liability Companies and secondary materials obtained from books, publication manuscripts, journals, other scientific works. The legal material is reviewed and analyzed then the results are descriptive. While the theories used in this study are disclose or abstain theory, fiduciary duty theory and misappropriation theory. The results of this study show that: (1) Terleplace on the differentiation of provisions in insider trading between Indonesia and the United States lies in the use of misappropriation theory. However, the fundamental differences in the provisions in the United States that adhere to misappropriation theory reach more broadly about how the information is obtained, while the Indonesian system contained in the Capital Market Law only bases that the information obtained by the parties actively.

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