{"title":"PROTECTION IN RETAIL INVESTORS DISADVANTED BY FAKE TRANSACTION PRACTICE (CORNERING THE MARKET)","authors":"Destu Argiyanto","doi":"10.15294/jpcl.v2i1.14560","DOIUrl":"https://doi.org/10.15294/jpcl.v2i1.14560","url":null,"abstract":"The practice of fake transaction is a stock trading practice that incurs many losses, especially for retail investors who basically do not control the market in majority on the floor of the stock. This practice may threaten the liquidity and credibility of capital market activities in Indonesia. Pseudo transaction is one of the crimes prohibited in Capital Market Law which fall into the category of market manipulation. In simple terms, market manipulation is an activity undertaken by a person either directly or indirectly creating a false or misleading image of a trading activity, market situation, or price of Securities at a Stock Exchange or giving a statement, or an improper, or misleading statement so that the price of the securities in bursa affected. Provisions on market manipulation are provided in Articles 91, 92 and 93 of Law Number 8 of 1995 concerning the Capital Market.Keywords : Concerning the market, Ritel Investors, Protection","PeriodicalId":32860,"journal":{"name":"Journal of Private and Commercial Law","volume":"75 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74576842","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"THE STATE POSITION AS A PREFERENT CREDITOR OF THE TAX DEBT IN BANKRUPTCY","authors":"R. Damayanti","doi":"10.15294/JPCL.V2I1.14514","DOIUrl":"https://doi.org/10.15294/JPCL.V2I1.14514","url":null,"abstract":"Bankruptcy is a decision issued by the Court that resulted in a general confiscation of all the wealth owned and the wealth that will be owned by the debtor in the future. The State has the preference right to tax debt on the property of the Taxpayer. This means that the position of the state as a preferent creditor who is declared to have prior rights over the property of the Taxpayer to be auctioned in public. The state's preference by taxpayer repayment is in fact not as easy as one might imagine, there are some problems. The purpose of article writing is to know the position of the State as a preferent creditor for the tax debt of the taxpayer declared bankrupt and know the obstacles of the State as a preferent creditor to the repayment of tax debt on taxpayers declared bankrupt. Provisions on the State's prior rights include the principal taxes, administrative sanctions in the form of interest, penalties, increases, and tax collection fees. The weakness in the regulation creates an impediment to the application of the State as a preferential creditor who has the preference right, namely the formulation of the preference right itself that is unclear about the notion of the state's position as the preferent creditor, in addition to the overlapping regulation of the preference right (preferent creditor) The Civil Code, the Law on General Taxation and Bankruptcy Laws and Postponement of Debt Payment Obligations which not only the State as the Preference rights holder's creditors.","PeriodicalId":32860,"journal":{"name":"Journal of Private and Commercial Law","volume":"130 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86365686","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}