Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
By Violison Martheo – BLEMBA 7, SBM ITB
Business Law Application on Capital Market
Capital Market is an opportunity to invest on financial assets, where a person or an organization could
increase saving, wealth, as well as liquidity and asset value. The market is generally grouped in 2 main
markets, which are Debt Market, and Equity Market. The way how to invest in the financial market could
be approached in two ways, which is:
1. Direct Investing – with bottom‐line is to have dividends and or capital gain
2. Indirect Investing – let a 3rd party / investing company to invest on their behalf with bottom‐line is
a. To have dividends and or capital gain through direct investing
b. To have capital gain through portfolio trading
Some examples of instrument which are commonly used in investing activities in capital market are stocks,
bonds, mutual funds, and derivative instruments such as options, future, warrants, stock dividends, and
bonus shares.
To ensure the regularity, fairness, and efficiency of transactions, and to protect investors and public from
potential disadvantages that may arise from activities that took place in the capital market, government
need to appoint an authorized agency to oversee all related activities to be in accordance with rules and
conditions apply. In Indonesia, BAPEPAM is an authorized agency appointed by government to ensure a
conducive environment for investing could be achieved by giving them responsibility and authority to do
preventive and repressive actions related to capital market control activities.
Companies which would like to have business expansion and diversification, as well as acquiring more
capital and increasing business value by a great factor of leverage, could implement a “Go Public” strategy,
which is a best possible alternative to achieve such rapid expansion, which 4 main steps are as follows:
1. Management should have the Go Public Planning, and get the plan approved by Annual General
Meeting (RUPS – Rapat Umum Pemegang Saham)
2. Cooperate with relevant professionals for administrative and documentation completeness, such as
Public Accountant, Notary Public, Legal Consultant, and Appraisal Company
3. Having contract with Effect Institution and having public exposure
4. Signed all emission agreements, and register to BAPEPAM
One of potential infringements which occur most frequently in capital markets’ transactions is commonly
caused by conflict of interest, where the transactions are executed by one party, which directly or
indirectly related to a person or somehow affiliated with emitting company; which potentially bring
personal / affiliated party’s benefit, and put public on disadvantages. Therefore, in addition to regular
performance and audited financial report, public listed company should report any other specific activities
related to global strategic decision or activities which will have broad impacts on company, to BAPEPAM
directly, and to public through media. To ensure transparencies in business conducts, Public Listed
Companies should also have a function called Corporate Secretary to communicate all issues and updates
related to company activities to all related stakeholder and public, as a company’s official representative.