Peran Otoritas Jasa Keuangan Dalam Tindak Pidana Pasar Modal

The capital market has a strategic role in national economic development as a source of financing for the business world and a means of investment for the community. However, the dynamics of the capital market cannot be separated from the potential for criminal acts such as market manipulation, fraud, and insider trading that can harm investors and disrupt the stability of the financial sector. This study aims to analyze the role and authority of the Financial Services Authority in prosecuting capital market crimes, especially after the enactment of Law Number 4 of 2023 concerning the Development and Strengthening of the Financial Sector. This study uses a normative legal method with a statutory and conceptual approach. The results of the study show that the Financial Services Authority has exclusive authority in regulating, supervising, investigating, and enforcing criminal and administrative law against violations in the capital market. This authority is strengthened through the provisions of Law Number 4 of 2023 concerning the Development and Strengthening of the Financial Sector, which provides broader legitimacy to the Financial Services Authority in the context of protecting investors and enforcing market integrity. In addition, the Financial Services Authority applies a proportional penal and non-penal approach as part of a responsive criminal law policy that is oriented towards economic justice.

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Publication Details

Journal
Jurnal Jejak Hukum Indonesia (JHI)
Published
2025-10-11
DOI
https://doi.org/10.63462/eksjfj78
Primary Topic
Legal Studies and Policies
Type
article
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article

Peran Otoritas Jasa Keuangan Dalam Tindak Pidana Pasar Modal

Juanda Arisandi
Jurnal Jejak Hukum Indonesia (JHI)
Legal Studies and Policies
article

Peran Otoritas Jasa Keuangan Dalam Tindak Pidana Pasar Modal

Juanda Arisandi
article en

Abstract

The capital market has a strategic role in national economic development as a source of financing for the business world and a means of investment for the community. However, the dynamics of the capital market cannot be separated from the potential for criminal acts such as market manipulation, fraud, and insider trading that can harm investors and disrupt the stability of the financial sector. This study aims to analyze the role and authority of the Financial Services Authority in prosecuting capital market crimes, especially after the enactment of Law Number 4 of 2023 concerning the Development and Strengthening of the Financial Sector. This study uses a normative legal method with a statutory and conceptual approach. The results of the study show that the Financial Services Authority has exclusive authority in regulating, supervising, investigating, and enforcing criminal and administrative law against violations in the capital market. This authority is strengthened through the provisions of Law Number 4 of 2023 concerning the Development and Strengthening of the Financial Sector, which provides broader legitimacy to the Financial Services Authority in the context of protecting investors and enforcing market integrity. In addition, the Financial Services Authority applies a proportional penal and non-penal approach as part of a responsive criminal law policy that is oriented towards economic justice.

Jurnal Jejak Hukum Indonesia (JHI)Vol. 2(2)
Indonesia Open University (ID)
Openalex Percentile: Top 56%
Legal Studies and Policies
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Peran Otoritas Jasa Keuangan Dalam Tindak Pidana Pasar Modal — Juanda Arisandi · Jurnal Jejak Hukum Indonesia (JHI) (2025) | TGRS Research Map | TGRS