Vol. 5, No. 5, May 2024
E-ISSN: 2723-6692
P-ISSN: 2723-6595
http://jiss.publikasiindonesia.id/
Journal of Indonesian Social Sciences, Vol. 5, No. 5, May 2024 1277
Insider Trading Analysis of the Indonesian Capital Market
Nilvany Hardicky
Universitas Islam Riau, Indonesia
Email: nhardicky@gmail.com
Correspondence: nhardicky@gmail.com
*
KEYWORDS
ABSTRACT
Insider trading; Investor;
Capital Market
Insider trading is one of the crucial issues in the capital market that can
have a significant impact on market integrity and stability. In Indonesia, the
practice of insider trading not only causes losses for investors who do not
have access to insider information but can also reduce investor confidence
in the capital market as a whole. Research This article will analyze and
explain Insider Trading in the Indonesian Capital Market. This study uses
notative juridical methods or normative law. The results of this study
explain that Insider Trading in the Indonesian Capital Market is contained
in Articles 95, 96, 97, 98, 99, and Article 104 which explain that insiders
from an issuer of public companies that have inside information are
prohibited from buying or selling affects, or companies that make
transactions with issuers where they work. The prohibition on the use of
insider information is more due to unfair actions against others who are
completely unaware of the existence of the information. Investor
protection is one very important way because if investors do not get
enough protection, they are reluctant to make transactions on the
exchange. Without a large number of investors, capital market activities
will be weak, and the function of the capital market will not develop, the
principle of openness as one of the efforts to protect investors. Such
protection efforts will be realized if the implementation of information
transparency or full disclosure obligations containing material facts in
activities that take place in the capital market in accordance with the
purpose of the principle of openness itself, namely to create a fair, efficient
and orderly market that protects Investors and helps determine accurate
market prices which are all intended for the benefit of Investors or
potential Investors.
Attribution-ShareAlike 4.0 International (CC BY-SA 4.0)
1. Introduction
This article will analyze and explain Insider Trading on the Indonesian Capital Market and Legal
Protection for Investors. In the history of the formation of capital markets in Indonesia began during
the VOC era until today's modern times, after Indonesia became independent in 1945, Indonesia
began to carry out post-old order development. Concentrate on it methodicallly within the late 1960s.
The capital showcase may be a bridge as a contact between financial specialists and companies or
government teach through exchanging long-term money related disobedient such as bonds, stocks,
and others (Martalena, 2019). The capital showcase makes the government exceptionally curious
about the improvement and advance of the capital market, since it has the opportunity to raise
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reserves enormously so that it can be utilized to extend the amount of advancement exercises ,
various efforts are made by the government to create an ideal capital market for the community, so
that people are interested in investing in the capital market by buying a number of securities from
companies or institutions. The ownership of securities of companies by the community turns out to
provide opportunities to improve welfare as a positive impact of company performance (Ahmad et
al., 2018; Nasarudin, 2004).
The capital market can be interpreted as a forum for meeting demand and supply for capital in
the form of equity and long-term debt. In the Capital Market Law (Chapter I, Article 1, Number 13,
UURI No. 8 of 1995 concerning Capital Market) is defined as activities related to public offerings and
securities trading, public companies related to the securities they issue, and institutions or
professions related to securities. The capital market is a place to find funds used by both companies
and also an alternative investment vehicle for the community. Capital market in the classical
definition can be interpreted as a field of business trading securities such as stock certificates, stocks,
bonds securities in general (Gisymar, 1999; Jonkarlo et al., 2022).
In capital market activities, there is a principle of openness and information or called disclosure
detailple, that almost all investments have risks, so there will be the possibility of investors
experiencing losses, in this capital market activity, trust is the main thing in the implementation of
the capital market, namely public confidence in the value of shares. In capital market activities, there
must be protection by law to ensure the certainty of the principle of openness. The principle of
openness is present in securities transactions involving all aspects of finance, management, law and
assets of a company (Ilyasa et al., 2021). The impact of openness will occur for investors will be able
to understand and also decide about the investment to be run. The function of the presence of the
principle of openness is to create efficiency in transactions in the capital market, so that transactions
in the capital market can be carried out easily. In capital market activities, of course, accompanied by
various dynamics, one of which is a violation of the law. One of the violations that are often committed
by participants in the capital market is Insider Trading.
Trading is a transaction process that takes place in the financial market where the working
system is often to sell and buy assets in a short time. This is when traders get a profit, which is to sell
the asset at a higher price than before buying it. The purpose of trading is to collect profits from the
difference in buying and selling prices, in general, traders take advantage of trend changing moments
in stocks whose prices vary greatly to make profits. Trading activities can be done through
intermediaries or commonly called brokers. The broker who will be the liaison between traders and
the market can also be an advisor on the current state of the market to help traders with making
decisions. Insider Trading is an illegal activity or practice based on electronic transactions. Securities
trading transactions conducted by corporate insiders, companies, their management, directors or
majority shareholders who hold private information. The Security Exchange Commission (SEC)
requires that investors who have ownership greater than 10% of a company's stock must report their
securities transaction activities to the SEC on a monthly basis. The purpose of Insider Trading itself is
to get a shortcut profit (short swing profit), securities trading (selling or buying) carried out by a
person or group of people based on information or material facts that have been known in advance
before the information is informed to the public. The laws and regulations governing Insider Trading,
namely Law Number 8 of 1995 concerning Capital Market, Insider Trading are discussed in Articles
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95 to 99 and Article 104. That is: (Indonesia, 1995)
1. Article 95 which reads, insiders of issuers or public companies that have insider information are
prohibited from buying or selling securities. The issuer or public company in question or other
companies that conduct transactions with the issuer or public company concerned.
2. Article 96 which reads, insiders as referred to in article 95.
a. It is prohibited to influence other parties to buy or sell such securities.
b. Provide insider information to any party that reasonably suspects may use such
information to make purchases or sales of securities.
3. Article 97 which reads, paragraph 1 any party who obtains inside information from an inside
person unlawfully and subsequently obtains it is subject to the same prohibition as applicable to
insiders as stipulated in articles 95 and 96. Paragraph 2 Any party who attempts to obtain insider
information and then obtain it without contravening the law shall not be subject to the
prohibitions applicable to insiders referred to in articles 95 and 96. As long as information is
provided by issuers or public companies without restriction.
4. Article 98 reads, that securities companies that have inside information about issuers or public
companies are prohibited from conducting securities transactions of the issuer or public
company, except if:
a. The transaction is carried out not at his own expense, but at the behest of his customer.
b. The securities company does not provide recommendations to its customers regarding
the securities concerned.
5. Article 99 which reads, BAPEPAM can determine securities transactions that are not included in
prohibited securities transactions as referred to in Article 95 and Article 96.
6. Article 104 reads, that any who violates the provisions as referred to in Article 90, article 91,
article 92, article 93, article 95, article 96, article 97 paragraph (1), and Article 98 shall be
threatened with imprisonment of 10 (ten) years and a maximum fine of Rp.15,000,000,000.00
(Fifteen billion rupiah).
The consequences of Insider Trading crime are detrimental to capital market participants,
investors, the company itself, and prospective shareholders. This is because the price of shares
purchased can harm parties who do not get information from insiders, where people have received
information from insiders and have known the information in advance (non-public information).
Therefore, it is necessary to take firm action from BAPEPAM-LK in cracking down on insider trading
criminals.
2. Materials and Methods
The method of approach in this article research is normative juridical or normative law, which
aims to explain and analyze Insider Trading in the Indonesian Capital Market. In normative legal
research, several approaches are used, namely the statute approach, conceptual approach, and
comparative approach (Aziz et al., 2021; Ibrahim, 2005). Berkaitan dengan hal yang diatas, maka yang
menjadi fokus pada kajian tilisan ini adalah menganalisis Insider Trading di Pasar Modal Indonesia.
The research in this paper is included in descriptive research. Descriptive research is a method aimed
at describing existing phenomena which occur in the present or conditions in the past. The data used
in this study are secondary data; secondary data consists of primary legal material, secondary legal
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material, and tertiary legal material; primary legal material is legal material that is authoritative which
means it has authority (Sunggono, 2003). In this case, the primary legal material consists of laws and
regulations and judges' decisions (Sunggono, 2003). Secondary legal material is research legal
material obtained from legal readings, which in this case are books, scientific journals, and papers, and
tertiary legal material is a large Indonesian dictionary (KBI).
3. Results and Discussions
1. The Occurrence of Insider Trading in the Indonesian Capital Market,
Insider Trading is an offense that is categorized as a criminal offense in the capital market.
Capital market laws designate Insider Trading as a criminal offense. The handling of insider trading
cases that have been resolved is expected to increase investors' confidence in investing in the capital
market. Insider trading settings serve to create confidence in investors. Legal provisions and law
enforcement regarding Insider Trading apply the enforcement of sanctions as a legal form as
stipulated in the capital market law (Christensen et al., 2016; Nefi, 2021).
In the Capital Market Law Number 8 of 1995 concerning Capital Market, the practice of Insider
Trading occurs because insiders trade using inside information that has not been submitted to the
public (non-public information material). This means that Insider Trading has a stock price. A better
Insider position compared to other Investors in stock trading transactions can lead to unfair stock
trading, because the practice of Insider Trading creates distortions in stock prices, therefore the stock
price is not a reflection of efficient market information.
One of the visit components of Insider Exchanging in Indonesia is the shortcoming within the
capital showcase law, one illustration in article 104, in article 104 it is clarified that the culprits of
Insider Exchanging violations will be sentenced to 10 a long time in jail and a fine of
15,000,000,000.00 (Fifteen Billion Rupiah). This clearly will not make a obstruction impact on Insider
Exchanging offenders since in case the culprits get more benefits than the desired fines and the
culprits as it were pay a little fine than the profits obtained by numerous Insider Exchanging
criminals. Insider Exchanging within the capital showcase is contained within the Capital Advertise
Law No. 8 of 1995 concerning Capital Advertise which disallows insiders from an guarantor or open
company that has insider data to purchase or offer securities of guarantors or companies that make
exchanges with backers where they work.
Insiders in open companies or backers are denied from affecting others or giving data to other
parties who sensibly anticipate to utilize such data to purchase or offer securities of open companies
or backers submitted to them. The forbiddance of the utilize of insider data is more critical since this
activity is an out of line activity against others. Who knew completely no such data. Within the utilize
of insider data by Insiders or other parties who have connections with insiders can cause money
related advantage to the party by causing misfortunes to financial specialists.
There are many factors why Insider Trading crimes often occur, both within themselves and
from the company environment itself. The cause of fraud committed by someone is based on the fraud
triangle theory first proposed by Cressey in 1953. The fraud triangle proves that fraud is caused by
three factors, namely pressure, opportunity, and rationalization. Along with the development of time
and situation, it turns out that there is a change in views about the causes of fraud, which initially the
fraud triangle turned into diamond fraud. Diamond fraud was initiated by Wolf and Hermanson
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(2004), and it is a form of refinement of the fraud triangle theory by Cressey (1953) (Schuchter & Levi,
2016). Diamond fraud adds one qualitative element believed to have a major influence on fraud:
capability. So, broadly speaking, diamond fraud is a refinement of the fraud model initiated by Cressy.
There are also elements of fraud diamond theory, namely: pressure, opportunity, rationalization and
capability.
The practice of insider trading can occur when an Insider conducts a trading action using
material fact information that is not yet known to the public, which is feared to affect stock prices.
Based on article 95 of the UUPM, in fact, several elements can be derived that Insider Traading is said
to occur if it has fulfilled three elements, namely: (Dimyati, 2014) 1. There are insiders, 2. The
information obtained from the insider has a material nature and has never been published to the
public, 3. There are trading transactions that occur in insiders based on this information.
2. Investor Protection Against Insider Trading Crime According to Capital Market Law
Number 8 of 1995
Lawful assurance within the capital advertise cannot be isolated from the lawful arrangements
of companies, particularly restricted risk companies, because basically lawful security within the
moldal showcase includes capital showcase players, particularly guarantors, speculators, and capital
advertise supporting teach where these parties are overwhelmed by legal subjects within the shape
of legal entities within the shape of constrained risk companies. In ensuring Investors within the
Capital Market Law Number 8 of 1995, must apply the rule of openness to supply assurance to
Investors from wrongdoing within the capital showcase, one illustration is Insider Exchanging and
guarantors who will offer securities in open offerings must be able to supply openings for Financial
specialists to examined the outline with respect to the securities to be issued, at the time of booking
or some time recently the booking is made.
Within the conclusion, after Bapepam-LK paid consideration to the completeness and clarity of
the issuer's archives to conduct a open advertising in arrange to meet the principle of openness within
the capital showcase. Usually exceptionally critical since considering the outline of securities is the
beginning entryway and time for financial specialists to choose whether or not to purchase a security.
To ensure speculators, lawful assurance is required, specifically giving security of human rights hurt
by others, and lawful assurance is given to the community to appreciate all the rights given by law
(Raharjo, 2002). Financial specialist Assurance could be a exceptionally vital column, since on the off
chance that Speculators don't get satisfactory security, at that point they are hesitant to form
exchanges within the capital showcase.
Without numerous speculators, capital advertise exercises will be exceptionally powerless, and
capital showcase capacities will not create. The rule of openness (full revelation) is one of the
endeavors to ensure Speculators. Such security endeavors can be realized in the event that the usage
of data straightforwardness or full disclousure commitments containing fabric actualities in each
movement that takes put within the capital advertise. Hence, the realization of a capital showcase
condition that's reasonable, productive, efficient, and can be ensured by the interface of the open or
speculators from activities that can harm the community and speculators. This can be in agreement
with the reason of the rule of openness itself and makes a difference in setting exact advertise costs
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which are all pointed at the advantage of the open or Speculators and potential Speculators (Nefi,
2021).
4. Conclusion
The occurrence of Insider Trading in the capital market According to the Capital Market Law
Number 8 of 1995, Insider Trading practices occur when Insiders (insiders) trade using material fact
information that can not be conveyed to the public (non-public information material), which is feared
to affect the stock price. From the provisions of article 95 of the UUPM, it can actually be derived from
several elements that Insider Trading is said to occur if three elements have been met. First, there is
an insider. Secondly, the insider information is material and has not been made public. Third, the
power of securities trading transactions by insiders based on such information.
Legitimate assurance for financial specialists concurring to Law Number 8 of 1995, To secure
speculators within the capital advertise law Number 8 of 1995, it must apply the rule of openness to
protect investors from wrongdoing within the capital showcase, for illustration Insider Exchanging
and backers who will offer securities in a open advertising must give an opportunity for speculators
to examined the plan with respect to the securities issued, sometime recently booking or at the time
the booking is made. Within the conclusion, after Bapepam-LK paid consideration to completeness.
On the off chance that legitimate security isn't connected, it'll result in a misfortune of speculator
certainty in exchanges within the capital showcase, and in the event that the misfortune of speculator
certainty will result in a frail capital advertise.
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