Proceedings of the International Conference On Law, Economic & Good Governance (IC-LAW 2023)

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The Una Via Principle: New Effective Regulation in Indonesian Capital Market Case Resolution

Authors
Ratna Hartanto1, 2, *, Pujiyono Suwadi1, 2, Yudho Taruno Muryanto1, 2
1Faculty of law, Universitas Sebelas Maret, Jl. Ir. Sutami No. 36.A Kentingan , 57126 , Surakarta, Indonesia
2Faculty of law, Universitas Sebelas Maret, Jl. Kaliurang KM 14, 4 Sleman, 55584, Yogyakarta, Indonesia
*Corresponding author. Email: ratna.hartanto@uii.ac.id
Corresponding Author
Ratna Hartanto
Available Online 22 February 2024.
DOI
10.2991/978-2-38476-218-7_97How to use a DOI?
Keywords
Una Via Principle; Capital Marke; Effective Regulatio
Abstract

Case resolution for violations in the capital market must be carried out by taking into account financial system stability and public trust. This article aims to discuss the regulation based on the Una Via principle as a case resolution model in the capital market legal system in Indonesia and things must be considered in the application of the regulation based Una Via principle in the capital market case resolution. This research was conducted doctrinally with statutory approach and comparative approach to similar arrangements in the United States and France. The results showed that the Chapter XIIA Law Number 4 of 2023 on Omnibus Law for Financial Sector is based on Una Via Principle becoming a new model for resolving case in the financial services sector, especially the capital market sector by avoiding the imposition of double sanctions for a violation in order to realize restorative justice. There are several things that must be considered by the Financial Services Authority in the implementation of the regulation based on Una Via principle, namely harmonization of the law enforcement system for violations in the capital market sector, proportionality of the imposition of sanctions, and supervision and evaluation of the application of the Una Via principle-based regulations including its impact on financial system stability.

Copyright
© 2024 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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Volume Title
Proceedings of the International Conference On Law, Economic & Good Governance (IC-LAW 2023)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
22 February 2024
ISBN
10.2991/978-2-38476-218-7_97
ISSN
2352-5398
DOI
10.2991/978-2-38476-218-7_97How to use a DOI?
Copyright
© 2024 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Cite this article

risenwbib
TY  - CONF
AU  - Ratna Hartanto
AU  - Pujiyono Suwadi
AU  - Yudho Taruno Muryanto
PY  - 2024
DA  - 2024/02/22
TI  - The Una Via Principle: New Effective Regulation in Indonesian Capital Market Case Resolution
BT  - Proceedings of the International Conference On Law, Economic & Good Governance (IC-LAW 2023)
PB  - Atlantis Press
SP  - 582
EP  - 585
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-218-7_97
DO  - 10.2991/978-2-38476-218-7_97
ID  - Hartanto2024
ER  -