PERLINDUNGAN HUKUM TERHADAP INVESTOR DALAM TRANSAKSI PASAR MODAL AKIBAT PRAKTIK PENIPUAN

Abstract

Indonesia is currently trying to develop in all fields as a developing country in order to encourage economic growth. The capital market is one alternative financing for national economic development. In the implementation of the capital market, violations often occur. One of them is the act of fraud against capital market investors. The purpose of this study is to find out the forms of violations or crimes of fraud in capital market transactions and legal protection for investors in capital market transactions due to fraudulent practices. The results of this study are that crimes involving pyramid schemes are considered fraud. Article 392 of the Criminal Code regulates this violation. A maximum jail term of one year and four months will be imposed on Indonesian airlines, cooperatives, limited liability companies, or entrepreneurs, directors or managers who deliberately report false balance sheets or articles of association. For witnesses to fraud, the maximum sentence in Article 390 of the Criminal Code is two years and eight months, while in Article 378 of the Criminal Code, the maximum sentence is four years. OJK oversees all activities in the capital market and provides preventive legal protection by educating the public. Legal protection against repression can be provided through litigation, non-litigation and sanctions such as administrative, criminal and civil sanctions.