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VOLUME 06 ISSUE 05 MAY 2023

Legal Liability of Futures Brokerage Companies for Risks in Standard Agreements that Result in Losses to Customers in Online Trading Investments
1I Putu Sukayasa Nadi,2Johannes Ibrahim Kosasih,3Made Wiryani
1,2,3Master of Law Science Postgraduate Program, Warmadewa University, Bali-Indonesia
DOI : https://doi.org/10.47191/ijmra/v6-i5-30

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ABSTRACT:

The implementation of trading activities is brokered by Futures Brokers, where Futures Brokers, in binding customers use standard agreements that have been prepared by Bappebti. Where the agreement contains an exoneration clause and this violates Law Number 8 Year 1999 concerning Consumer Protection, so that with these violations, it results in losses suffered by customers. The formulation of the problems raised in this study is 1). How do the clauses in the agreement provided by the Futures Brokerage Company which accommodate the risks in the standard online trading investment agreement provide a balance for the parties? 2) How is the Futures Brokerage Company's liability to customers for risks in the standard investment trading agreement agreed upon? This study uses normative legal research methods, namely research by collecting and analyzing secondary data using secondary data sources only, namely books related to the problem, related laws and regulations, related court decisions, legal theories and relevant scholars' doctrine experts, and case studies related to legal issues, the theory used to analyze the theory of Legal Liability Theory, Balance Theory, Legal Certainty Theory and Theory of the Hierarchy of Legislation. The conclusion of this research is that people should be careful in understanding agreements related to online trading investments.

KEYWORDS:

Legal Liability, Futures Broker, Risk, Agreement, Customer, Investment, Online Trading

REFERENCES

LITERATURE BOOKS
1) Muhammad Syaifuddin, 2019, Contract Law (Understanding Contracts in the Perspective of Philosophy, Theory, Dogmatics, and Legal Practice) Enrichment Series of Bond Law, CV. Mandar Maju, Jakarta.

2) Peter Mahmud Marzuki, 2008, Normative Legal Research Brief Overview, Rajawali Pers, Jakarta.

3) Sidharta, 2004, Indonesian Consumer Protection Law, Grasindo, Jakarta.

4) Soerjono Soekanto and Sri Mamudji, 2007, Normative Legal Research: A Brief Overview, PT. Raja Grafindo Persada, Jakarta.

5) Sumantoro, 1990, Introduction to the Capital Market in Indonesia, Ghalia Indonesia, Jakarta.

JOURNAL
1) Dewa Ayu Fera Nitha and I Ketut Westra, 2020, Cryptocurrency Investment

2) Based on Bappebti Regulation No. 5 of 2019, Udayana Master of Law Journal, E-ISSN: 2502-3101, P-ISSN: 2302-528X, Vol.9, No. 4, pp. 713

3) Dwi Jauhartono, Efridani Lubis, 2015, Piracy of Journalistic Works in Internet Media, Scientific Journal of Juanda University of Bogor Vol 7 Number 1, p. 1

INTERNET
1) https://www.setneg.go.id/baca/index/presiden_jokowi_investasi_jangkar_pemuli han_ekonomi_
indonesia, accessed on June 01, 2022, at 16.00 WITA

2) http://fxkeybizz.blogspot.com/2009/08/mekanisme-dan-legalitas-forex.html, accessed on June 01, 2022, at. 16.20 WITA

3) http://bappebti.go.id/pialangberjangka, accessed on May 16, 2022, at. 12.45 Wita

VOLUME 06 ISSUE 05 MAY 2023

There is an Open Access article, distributed under the term of the Creative Commons Attribution – Non Commercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting and building upon the work for non-commercial use, provided the original work is properly cited.


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