Karya Ilmiah
DISERTASI (0116) - Prinsip Perlindungan Hukum Investor Obligasi
The type of this research is a legal research. There are two legal issues in this
research: good corporate governance principle to the bond issuer and liability
principle of trustee to the bond investor. In this research, three approaches are
employed, statute approach, conceptual approach, case approach and comparative
approach.
From this research, it is found that in bond issuer of good corporate
governance perspective, is the preventive protection. It means that the bond issuer
manages it corporation based on a good corporate governance principle i.e. ethics
values and legal application in corporation. The well done application of ethic
businees and legal businees principle can be strong to public faith for issuer. Public
faith is the one of the strong of issuer in managing the corporation for taking the profit
and the finally the profit is used by issuer to pay the debt to investor. Public faith
gives any positive influence to the trading securities in capital market cause to take
capital gain to the bondholder. Ethics value in business and corporate law doctrine in
good corporate governance come true be a business law principle. The business law
principle in the beginning just a legal doctrine not only as a fundamental business law
problem solving but also as a legal material in business law making regulation, checks
and balances, basic principle to several business law regulation and a set of business
law regulation and more to be a principle of an acts in whole business law system.
The principle of legal protection to the bond investor in trustee perspective is
the repressive protection, means that the trustee as the investor representative and duty
to liability as a bewindvoerder and a legal person. As a bewindvoeder, the trustee
manages the bondholder’s property and his interest. As a legal person in limited
company, trustee has the right and the obligation under the duty on liability as a legal
person and personal liability. The personal liability for the director, board of
commissioner and shareholder when they are abuse of power, i.e. ultra vires action in
investor representative.
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