Open AccessPERTANGGUNGJAWABAN INDIVIDU ATAS GANTI RUGI DISGORGEMENT YANG MELIBATKAN EMITEN
Author(s) -
Nikmah Mentari
Publication year - 2020
Publication title -
arena hukum
Language(s) - English
Resource type - Journals
eISSN - 2527-4406
pISSN - 0126-0235
DOI - 10.21776/ub.arenahukum.2020.01303.6
Subject(s) - issuer , business , unjust enrichment , shareholder , commit , liability , law , accounting , finance , political science , restitution , corporate governance , database , computer science
The Financial Services Authority (OJK) launched a discourse by issuing an RPOJK regarding the Disgorgement and Disgorgement Fund. The parties that can be subject to disgorgement are the perpetrators of the violations themselves, including the Issuer as a public limited liability company. However, if the Issuer commits a violation, it is reasonable for the order to be addressed to the in persona (private individual), considering the Issuer is an artificial person who has no will and cannot have a will without the party carrying out behind the scenes. Directors, Commissioners and major shareholders (controllers) are parties who are allowed to commit violations and at the same time enjoy illegal profits from the violation. However, affiliated parties may commit violations involving the Issuer, so if there is an illegal profit, those who enjoy the benefit should be obliged to compensate the disgorgement. The issuer as a public limited liability company has also received administrative sanctions by both the OJK and the stock exchange. It is very unfair for the Issuer to be responsible for paying disgorgement compensation.