| Summary: | This Thesis examines the law enforcement of Insider Trading in Indonesian
Capital Market. The purpose of the study is to discover the constraints faced by
Bapepam-LK in terms of supervision and verification of Insider trading in Indonesia,
and efforts that can be taken to solve the constraints problem.
This research is a descriptive study with normative-empirical method. The data
from this study was obtained from library research to obtain secondary data, and also
by field research in form of interview to complete the data. Library research
conducted by comparison between Indonesian and United States of America capital
market�s law.
This research discovered that the constraints of insider trading law enforcement
in Indonesia such as, the measurement of materiality fact, misappropriation theory,
rule of insider restrictions to perform transaction, business judgment rule theory, and
law evidence. Efforts that can be taken by Bapepam-LK such as, misappropriation
theory, short-swing liability, the legal shifting burden of proof, adapting the
supervision and investigation technique such as, surveillance and bounties.
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