Widyaputra, Michael (2023) Penguatan pengaturan kontrak investasi bersama (KIB) dana ventura sebagai instrumen keuangan yang berkepastian hukum. Doctoral thesis, Universitas Pelita Harapan.
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Abstract
KIB venture funds are new financial instruments regulated by OJK in 2015 and
specifically reserved for the venture capital industry. Currently there are 2 (two)
main problems faced by KIB venture funds, namely first, the uncertainty of legal
status and second, the injustice of tax and capital market incentives. Regarding the
legal position, there is uncertainty whether KIB venture funds are legal entities or
not. Furthermore, regarding incentives, there is injustice in tax and capital market
facilities when compared to the incentives received by similar financial
instruments under the OJK. The existence of uncertainty and injustice causes KIB
venture funds to be less developed when viewed from a philosophical, economic,
and sociological perspective. The type of research used is normative juridical
supported by empirical juridical studies. The approach used are statutory,
conceptual, and comparative approaches. The research findings show first,
although Law No. 4/2023 legally states KIB venture funds which is an agreement
are legal entities as well as Pension Funds, KIB venture funds are still not
equipped as well as Pension Funds as legal entities, namely there are no organs,
do not have their own wealth, and are not separated from the wealth of the
founder. Second, when compared to similar financial instruments under the OJK,
namely KIK-RDPT, the KIB arrangements for venture funds do not obtain legal
certainty of legal status as stipulated for KIK-RDPT and do not receive the same
tax and capital market incentives as KIK-RDPT as similar financial instruments
under the OJK, these incentives include obtaining a NPWP, exemption from tax
on profits, and exclusion of lock-up periods. Third, when compared to similar
financial instruments abroad, it was found that Indonesia's KIB approach to
venture funds is different from the Republic of Singapore, British Virgin Islands,
Cayman Islands, and Gibraltar. The three findings of this study identify the
current regulatory quality conditions that lead to non-fulfillment of Gustav
Radbruch's Theory of Legal Purposes, good regulatory principles from the OECD,
and good regulatory principles from ASEAN. The ideal regulatory forms are
identified to ensure good quality regulations (design), enforcement
(delivery/enforcement), and supervision (inspection) are carried out through the
Economic Analysis of Law approach with the Regulatory Impact
Analysis/Assessment analysis method. Permanent settlement alternatives are
identified to the DPR for the long term because they require a longer time, and
permanent settlement alternatives are identified to the OJK and the Ministry of
Finance for the short term. The alternatives identified are (1) the KIB arrangement
of venture funds is a legal entity with (i) organs, (ii) own assets, (iii) separation of
assets with the founder, (2) obtaining tax incentives in the form of NPWP and tax
waiver on profits, and (3) obtaining lock-up period exemptions.
Keywords: Venture Capital, Venture Fund, Joint Investment Contract
Item Type: | Thesis (Doctoral) |
---|---|
Creators: | Creators NIM Email ORCID Widyaputra, Michael NIM01657210012 michaelwidyap@gmail.com UNSPECIFIED |
Contributors: | Contribution Contributors NIDN/NIDK Email Thesis advisor Supancana, Ida Bagus Rahmadi NIDN0312125801 supancana@yahoo.com Thesis advisor Sihombing, Jonker NIDN8838820016 jonker.sihombing@uph.edu |
Uncontrolled Keywords: | Venture Capital ; Venture Fund ; Joint Investment Contract |
Subjects: | K Law > K Law (General) |
Divisions: | University Subject > Current > Faculty/School - UPH Karawaci > Faculty of Law > Doctor of Law Current > Faculty/School - UPH Karawaci > Faculty of Law > Doctor of Law |
Depositing User: | Users 23378 not found. |
Date Deposited: | 07 Mar 2024 10:08 |
Last Modified: | 07 Mar 2024 10:08 |
URI: | http://repository.uph.edu/id/eprint/62713 |