EFEKTIFITAS SISTEM PEMBUKTIAN TINDAK KEJAHATAN INSIDER TRADING DI INDONESIA

This study of the effectiveness of insider trading crime evidence systems in Indonesia using normative juridical approach conducted through literature research with the study documents the primary, secondary and tertiary legal materials. In addition, the researcher also conducted field research to obtain materials in order to support the data obtained in the research literature. This study aims to identify and search for answers to the problems concerning the effectiveness of the insider trading crime evidence system in Indonesia and improvement efforts should be made to the evidence system. One of the important key in transactions in the capital market is information . This information is an information regarding the future prospects of a company or companies in the capital market. This is information that would affect the share price of a listed company. Given the importance of this information and capital market participants would try to get this information before other capital market participants know it. It is a natural that an insider of a company would know in advance what will happen to the company. Therefore, it is not fair if the information is used to perform transactions. Under these conditions, acts of insider trading is prohibited by the Capital Markets Law. Based on the data that the authors get, breach or alleged criminal offenses in the field of capital markets continues to increase every year. This increase is influenced by several factors, namely the rule of law and society. Therefore there are some improvements to be made. Existing laws in the Indonesian capital markets today are outdated that it cannot protect the interests of capital market capital of infringement or alleged crime capital markets, particularly insider trading. Embraced concept of fiduciary duty by the Capital Market Law should have been replaced with the concept of misappropriation theory on a grand scale. The expansion of the authority of the OJK to track cash flow and savings customers of a bank also needs to be improved. As for the capital market participants, should apply more severe sanctions that can give a deterrent effect for perpetrators of the Capital Market Law