TINJAUAN YURIDIS MENGENAI PERLINDUNGAN HUKUM TERHADAP INVESTOR DALAM PERJANJIAN REPURCHASE AGREEMENT (REPO) BERKAITAN DENGAN SAHAM YANG DIBELI

The thesis was intended to provide clear description on legal protection of one party in repo agreement and to identify juridical status of object in repo. It is juridical normative research that explores legal issue in society by positive law approach and law principle. The rese...

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Bibliographic Details
Main Authors: , Erika Junancy, , Prof. Dr. Nindyo Pramono, S.H., M.S
Format: Thesis
Published: [Yogyakarta] : Universitas Gadjah Mada 2014
Subjects:
ETD
Description
Summary:The thesis was intended to provide clear description on legal protection of one party in repo agreement and to identify juridical status of object in repo. It is juridical normative research that explores legal issue in society by positive law approach and law principle. The research is based on research of secondary data in law field as library data using deductive reasoning and coherent truth criteria. Based on the results, it may be concluded that, first, seller that does not buy back share he has sold at predetermined time means he does not do his obligation. He may be said default. In case seller does not do his obligation to buy back share he has sold to buyer, the buyer will get legal protection. Civil Law Code regulates repressive legal protection for parties in contract that is damaged due to other�s default. It may be demand for contractual responsibility to other. The contractual responsibility may be indemnity. Second, Transfer of right over security in capital market by security transaction through scripless trading occurs with book-entry settlement of security of dung from security account of seller to security account of buyer. In repo agreement followed with legal transfer will cause shift of right over the share, so right over share shift to buyer. Share that is not bought back by seller at predetermined time will be owned by buyer.