UPAYA HUKUM EMITEN ATAS TANGGUNG JAWAB UNDERWRITER DALAM PERJANJIAN FULL COMMITMENT
By : MUHAMMAD MAULANA M
Email : firstname.lastname@example.org
Faculties : Fakultas Hukum
Department : S1 Ilmu Hukum
Capital market activity has become increasingly complex which, among others, impacts on the increasingly sophisticated techniques undertaken by certain parties in committing criminal acts in the capital market. Losses are not only limited to investors or brokers who are directly involved in a transaction, but can extend and continue to companies whose securities are traded. If such violations continue to occur without legal and procedural remedies, then the capital market may obtain a negative rating. In the underwriting agreement there are various types of full commitment, best effort commitment, stand by commitment, and all or none commitment. If the parties have agreed to choose a full commitment agreement, then the underwriter must take a residual effect if there is unsold. Article 39 of the Capital Market Law confirms that all parties must comply with the agreements made. But it does not explicitly explain if the Underwriter does not buy the remaining unsold effects. The existence of void of legal norm cause cause must be done approach to determine the effect of law to this violation classified wanprestasi.
Keyword : Emiten, Underwriter, Full Commitment Agreement