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Tanggung Jawab Penjamin Pelaksana Emisi Dalam Perjanjian Penjaminan Emisi Obligasi, Efektifitas Dan Mekanisme Penyelesaian Sengketanya
Bibliografi
Author:
UTOMO, RUDY
;
Supancana, Ida Bagus Rahmadi
(Advisor)
Topik:
Responsibility
;
Capital Market
;
BAPMI
;
Third Party
Bahasa:
(ID )
Penerbit:
Program Studi Magister Ilmu Hukum Sekolah Pascasarjana Universitas Katolik Indonesia Atma Jaya
Tempat Terbit:
Jakarta
Tahun Terbit:
2018
Jenis:
Theses - Master Thesis
Fulltext:
Rudy Utomo’s Master Theses.pdf
(929.77KB;
9 download
)
Abstract
Companies (issuers) who want to seek cheap and quick funds for the development of the company can look in the capital market. Through a public offering of bond issuance, the issuer appoints a securities company that acts as underwriter to know whether the bond issuance offered to investors is sold out or not. The underwriting is done by way of a full commitment guarantee in accordance with the bond underwriting agreement. This writing analyzes the responsibilities of underwriters of bond issuance, effectiveness of the Bond Underwriting Agreement, its effectiveness and dispute settlement mechanism. This research uses qualitative approach and descriptive analysis method. The purpose of this paper is to know the legal basis of underwriter responsibility in UUPM and OJK Regulation, to know the effectiveness of bond underwriting agreement. The manner in which the settlement of a dispute arising from a change in an important condition in bond issuance in connection with the bond securities underwriting agreement by the parties is sought through mediation by way of deliberation through the general meeting of the bondholder, but if it is not achieved then dispute resolution through the Capital Market Arbitration Board BAPMI) is an attempt to resolve disputes in addition to taking final efforts in court. From the research results can be concluded that underwriters and underwriters are obliged to comply with all clauses in the bond underwriting agreement in accordance with Article 39 of Capital Market Law. The effectiveness of bond underwriting agreements for investors in investing in unsecured bonds issued by issuers is mandatory in detail and in detail reading the prospectus of bonds public offering, since what is stated in the prospectus is a description of the condition of the issuer of the bonds, and involves the role of the trustee actively in the initial process is the process of verification, analysis, due diligence of issuer data, public offering until the end of the bond issuance period. The role of the Trustee as a third party representing the interest of the bond investor is obliged to perform the protection required by the bond investor to protect his capital from the possibility of default risk. Other things that must be noticed by the Trustee include the disclosure of information, the presence or absence of collateral provided in the issuance of bonds, and the presence or absence of sinking funds (reserve funds)
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