DEVELOPING A COMMODITY FUTURES TRADING SYSTEM RELATED TO ONLINE TRADING CONTRACTS THAT STRENGTHEN LAW AND JUSTICE INVESTMENT IN INDONESIA

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Putri Maha Dewi, Hartiwiningsih, M. Hudi Asrori S, Suraji

Résumé

With the opening of the free market, the freedom of customers in the Futures trading sector to choose products and services from a futures brokerage company is increasingly open. Under the auspices of the Commodity Futures Trading Regulatory Agency (BAPPEBTI) with the aim of setting prices for primary commodities and as a hedging facility using futures contracts. On the other hand, these conditions may result in the position of Futures Brokerage Companies and consumers (customers) being unbalanced. The customer is in a weak position and becomes the object of business activity to achieve the maximum profit by business actors (Futures Brokers). The weakness of customers is that the level of customer awareness of their rights is still very low, plus not all futures brokerage companies that appear have a business license from Bappebti. This study uses normative juridical, which is a form of research that describes the verification of the truth sought from legal prescriptions written in law books. The On-Line Electronic Mandate Agreement in the contractual relationship between the Customer and the Futures Broker is a form of Government intervention (through a supervisory agency), which contains a clause on limitation and release of responsibility of one of the contract parties, which should be null and void by law. The running of the market in commodity futures trading is strongly influenced by investors as the party buying the traded commodities. The intervention of the supervisory agency into the contractual relationships of market participants should achieve the objectives of Law no. 10 of 2011 concerning Commodity Futures Trading, especially related to online trading contracts. The cancellation of the contract can be done by first submitting a judicial review to the Supreme Court, in accordance with the authority of the Supreme Court in relation to judicial review of the legislation under the law thus the legal function can provide legal clarity and certainty.

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