Analisis Hukum atas Pertanggungjawaban Perusahaan Publik Terhadap Investor yang dirugikan Akibat Kesalahan Prospektus

Abstract

In recent uncertainty of Indonesian economic condition community, businessmen or individuals are looking for funds to increase the increment of cost every-day, and to add this cost bank can't be made as foundation as usual because community has lost of confidence against bank, and moreover the contribution of investment through banking world, particularly short-term investment can not work as desired by community. Capital market is regarded to be a good alternative for investment, in addition to capital market, it is also long-term investment, capital market provides community and companies with advantages, therefore businessmen and community have selected the capital market for investment, the company to invest in Capital Market must go through mechanisms by implementing the go public bargain by using Prospectus as bargaining document and reference for potential investors, and then the prospectus made by organization to go public must contain correct information, but in considering the more competitive condition sometimes business or companies are encouraged to make some mistakes by providing wrong information in the prospectus, and it will bring the investors into damage. The error of prospectus made by go public company through general bargaining in Capital Market as if does not know that a set of law in Capital Market has been stipulated to regulate regarding the general bargaining mechanism and the prospectus, moreover against error of prospectus made by go public company will have effect on either Capital Market or on community/capitalist to have a very great damage. Therefore it this happens this public company doest not know about their responsibility, and it is the problem to underlie this research. The study made in this case is by describing and analyzing the legal regulations applicable in closely relation to error of prospectus. Thus, the data gained in this study is ail regulations in relation with Capital · Market, i.e., Capital Market Law and another laws, and even also regulations of implementation. And furthermore, this data is partitioned to be made as qualitative inductive data with closely relation to responsibility of public company on damaged investors.

With respect of accountability against error of prospectus from this public company, in fact, the result of study gained is Bapepam has authority to enforce the criminal sanction and administration to companies that have made error of prospectus, and then against damaged investor, there must be compensation through Bapepam or through claim toward Court, it can be said, to accountability of this public company, ~riminal, civil, and administrative sanction can be made. From the result of study gained, it can be concluded that there is a set of laws to regulate about accountability of public company that has made some error of prospectus in Capital Market, and this error of prospectus can destroy the capital market itself and also investors who suffered from great damage, therefore criminal, civil and administrative accountabilities on this public company will-be feasible to enforce, because the activity in this capital market \vill involve the \vide community and to include the quite great number of community funds.