Tinjauan yuridis terhadap kemungkinan kepailitan reksa dana berbentuk kontrak investasi kolektif

Wiranto, Eveline Padmasari (2004) Tinjauan yuridis terhadap kemungkinan kepailitan reksa dana berbentuk kontrak investasi kolektif. Masters thesis, Universitas Pelita Harapan.

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Abstract

Collective Investment Contract Mutual Fund has increased significantly in numbers in Indonesia. Nowadays, there are 96 Collective Investment Contract Mutual Funds, whereas there is only one Mutual Fund formed as a limited liability company. Usually, the investment risk of a Collective Investment Contract Mutual Fund is relatively small. Due to the tight competition among Mutual Fund companies and the relatively small amount of capital needed for this kind of investment, competitive prices are offered by Investment Managers. Besides, since a Mutual Fund is managed by a professional Investment Manager, the investor has the privilege to obtain any information concerning the kind of investment one desires before making any decision to buy an Investment Unit (Unit Penyertaan). The Law does not explicitly express that Collective Investment Contract Mutual Fund is a body corporate. However, the existence of separate assets, in the form of an Investment Unit, proper organization and the authority to become the subject of law, all of these are characteristics of a body corporate that can be found in a Collective Investment Contract Mutual Fund. In addition, in order to protect investors' rights, Bapepam is authorized by Law to control Mutual Fund activities, to hold Mutual Fund activities, to keep Mutual Fund wealth safe and to nominate another Investment Manager to manage its wealth, even to terminate a Mutual Fund. Nevertheless, if such functions are not carried out properly, the Investment Unit holders may file a bankruptcy petition to protect themselves against any forgery attempt by the Investment Manager. The holder of an Investment Unit becomes a creditor against the Mutual Fund when one redeems his/her Investment Unit, but the Investment Manager does not issue the holder's right on payment due date. A Collective Investment Contract Mutual Fund in its operation, may also become a debtor of any other subject of law.

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