scholarly journals ASPEK HUKUM REKSA DANA KONTRAK INVESTASI KOLEKTIF SEBAGAI TRUSTS [Legal Aspects of Mutual Funds in the Form of Collective Investment Contracts as Trusts]

Law Review ◽  
2020 ◽  
Vol 20 (2) ◽  
pp. 246
Author(s):  
Yosephus Mainake

<p><em>The Capital Market Law, which carries with it the trust institutions, contains provisions regarding collective investment contract mutual funds (RD KIK) that produce securities in the form of participation units, which are traded on the stock exchange. In RD KIK, there is a trust relationship between the unit holder of the custodian bank and the investment manager. The legal relationship in the concept of collective RD KIK is similar to what happens in trusts. In the Anglo-Saxon legal tradition, mutual funds are often referred to as unit trusts and/or investment trusts, where the sponsor acts as a settlor who hands over his assets to the trustee, the sponsor acts as the settlor in the trusts as well as the unit holder in a collective investment contract mutual fund. In connection with these problems, normative legal research is carried out using a statute approach, a conceptual approach and a comparative approach. The method used in analyzing this research is qualitative analysis. So, it can be seen that the role of the custodian bank and investment manager acts as a trustee, where the custodian bank is given the authority to carry out collective custody of the assets of the joint investment contract unit holder. The investment manager is given the power to manage or control the assets submitted by the sponsor or settlor in the concept of trusts law. Thus, it can be said that the RD KIK concept is similar to the idea of trusts because it fulfills the elements of trusts.</em></p><p><strong>Bahasa Indonesia Abstrak: </strong>Undang-Undang Pasar Modal yang membawa serta pranata <em>trust</em> di dalamnya terdapat ketentuan mengenai reksa dana kontrak investasi kolektif (RD KIK) yang melahirkan efek dalam bentuk unit penyertaan, yang diperdagangkan di bursa efek. Dalam RD KIK, terdapat hubungan kepercayaan antara pemegang unit penyertaan terhadap bank kustodian dan manajer investasi. Hubungan hukum dalam konsep RD KIK kolektif ini mirip yang terjadi dalam <em>trusts</em>. Dalam tradisi hukum Anglo Saxon, reksa dana sering kali disebut dengan <em>unit trusts</em> dan atau <em>investment trust</em>, yaitu sponsor bertindak sebagai settlor yang menyerahkan harta kebendaanya kepada <em>trustee</em>, sponsor sebagai <em>settlor</em> dalam <em>trusts</em> sama halnya dengan pemegang unit penyertaan dalam reksa dana kontrak investasi kolektif. Sehubungan dengan permasalahan tersebut, dengan ini dilakukan penelitian hukum normatif dengan menggunakan pendekatan undang-undang, pendekatan konseptual dan pendekatan perbandingan. Cara yang digunakan dalam menganalisis penelitian ini yakni analisis kualitatif. Maka dapat dilihat bahwa peran bank kustodian dan manajer investasi bertindak sebagai <em>trustee</em>, di mana bank kustodian diberi wewenang untuk melaksanakan penitipan kolektif terhadap harta pemegang unit kontrak investasi kolektif dan manajer investasi diberi wewenang untuk melakukan pengelolaan atau penguasaan terhadap harta yang diserahkan oleh sponsor atau settlor dalam konsep hukum <em>trusts</em>. Dengan demikian, dapat dikatakan bahwa konsep RD KIK mirip dengan konsep <em>trusts</em> karena telah memenuhi unsur-unsur <em>trusts</em>.</p><p><strong>Kata Kunci: Reksa Dana Kontrak Investasi Kolektif, <em>Trusts</em></strong></p>

2019 ◽  
Vol 2 (2) ◽  
Author(s):  
Methirana Dan Indra Widjaja

The purpose of the research is to analyze the types of equity funds in the stock market and analyze the performance of the funds equity method using sharpe, trenyor methods, and methods of jensen. The research method used is the method of data collection and processing of data by calculation in accordance with methods of sharpe, treynor method and methods of jensen. Method of data collection is composed of effective data from the website of the stock exchange. Calculation method consists of a method of sharpe, treynor method, and methods of jensen. The benefits of this comparison can give you an idea about the objective performance of mutual funds in Indonesia as one of the considerations for investors and potential investors in choosing the best mutual fund, and to an investment manager with the research expected to provide knowledge about the Investment Manager on the performance that they do. In addition to knowing the competition industry mutual funds in Indonesia so as to provide a reference for an investment manager as a determinant of investment policy to increase the return on investment and minimize risk. As well as for the community Provide knowledge and information on the performance of mutual funds in Indonesia.


Author(s):  
Marta Dwi Yana ◽  
Nur Indah Riwajanti ◽  
Fita Setiati

<p><em></em><em>Abstract:</em></p><p><em>This research aims to measure the performance of the investment manager of Sharia mutual fund by analyzing his securities selection skill and market timing ability based on Treynor-Mazuy and Henriksson-Merton model. The population in this research are 93 mutual funds listed in Indonesian Stock Exchange from 2014 to 2016. The samples are 13 Sharia’s mutual fund taken by using purposive sampling techniques. This research uses regression method. The results show that the Sharpe Ratio indicates out of thirteen mutual funds, there are only four mutual funds that performed well, while nine other mutual funds were underperformed. The result based on the model of Treynor-Mazuy and Henriksson-Merton indicate that the investment managers did not have the securities selection skill and market timing ability. It is suggested that Financial Service Authority should hold continuous training for the investment managers and should issue a new certification specifically for the investment manager by increasing the standard of competence.</em></p><p>Abstrak:</p><p>Penelitian ini bertujuan untuk mengukur kinerja manajer investasi reksadana syariah dengan menganalisis <em>securities selection skill</em> dan <em>market timing ability </em>berdasarkan model Treynor-Mazuy dan Henriksson-Merton. Populasi dalam penelitian ini adalah 93 reksadana yang terdaftar di Bursa Efek Indonesia dari tahun 2014 sampai 2016. Sampelnya adalah 13 reksa dana syariah yang diambil dengan teknik purposive sampling. Penelitian ini menggunakan metode regresi. Hasil penelitian analisis Sharpe Ratio menunjukkan dari tiga belas reksa dana, hanya ada empat reksadana yang berjalan baik, sementara sembilan reksa dana lainnya kinerjanya kurang. Sedangkan berdasarkan model Treynor-Mazuy dan Henriksson-Merton menunjukkan bahwa manajer investasi tidak memiliki keahlian pemilihan sekuritas dan kemampuan waktu pasar. Selanjutnya, disarankan agar Otorita Jasa Keuangan mengadakan pelatihan terus menerus bagi manajer investasi dan perlu mengeluarkan sertifikasi baru khusus untuk manajer investasi untuk meningkatkan standar kompetensi.</p><p><em><br /></em></p>


Equity ◽  
2019 ◽  
Vol 21 (1) ◽  
pp. 49
Author(s):  
Clara Bella ◽  
Yul Tito Permadhy

This study aims to determine the comparison of stock mutual fund performance using sharpe method and treynor method. The research method used in this research is descriptive method with quantitative approach. The object of this study using all mutual fund shares listed on the Indonesia Stock Exchange period 2013-2016. The technique of determining the sample using purposive sampling method so that 66 mutual funds were chosen as research sample. The results of this study explain that there are differences in the results of the performance of stock mutual funds using sharpe method and treynor method on mutual fund shares listed on the Indonesia Stock Exchange (BEI) where each performance value fluctuates in the period 20132016. The results show that only a few stock mutual funds are above market performance by using sharpe method and treynor method during the period 2013-2016. The results show that only one stock mutual fund that has consistent performance above market performance during the period 2013-2016 using the sharpe method of equity fund Sam Equity Fund.


2018 ◽  
Vol 18 (1) ◽  
pp. 97-120 ◽  
Author(s):  
Jiajia Fu

ABSTRACT This study examines the role of mutual funds in the pricing of accruals in China's stock market to evaluate the sophistication of Chinese mutual funds. Using a sample of A-share stocks in China from 2003 to 2011, I find that the mispricing of accruals is concentrated in firms with large mutual fund holdings. This result differs from a number of U.S. studies documenting a positive relation between institutional holdings and stock price efficiency. In an effort to explain this result, I provide evidence that mutual funds in China fixate on earnings and fail to understand the one-year-ahead earnings implication of accruals. Specifically, I find that the persistence of accruals is overpriced in stocks with a high level of mutual fund ownership. The mispricing of accruals in these stocks is largely driven by discretionary accruals and is related to their high stock price responsiveness to earnings. JEL Classifications: M41; G12.


2021 ◽  
Vol 1 (1) ◽  
pp. 12-25
Author(s):  
Evi Dwi Hastri

This research aims to analyze the norms that have a blur (Vague Norm) against Cyber Espionage related to Indonesia's legal ability to accommodate Cyber Espionage attacks. In addition, this study also aims to analyze Indonesia's efforts to overcome the Cyber Espionage attack that could threaten the stability of national defense and security. The type of research in the legal research method used is normative juridical with three problem approaches, namely the Statute Approach, Conceptual Approach, and Comparative Approach. Primary and secondary legal materials that have been collected will be processed through deductive methods and an analysis of legal materials is carried out, namely by systematic interpretation and extentive interpretation. So based on the results of the discussion, then there is a Vague Norm about Cyber Espionage that affects Indonesian law in accommodating. The efforts taken by Indonesia to deal with Cyber Espionage outside of juridical efforts began with the preventive efforts of Cyber Security and Cyber Defense, optimizing the role of the TNI, BIN, and POLRI as national resources in defending the country's defense.


2017 ◽  
Vol 3 (1) ◽  
pp. 81-112
Author(s):  
Yulizar D. Sanrego

It is worldly known that one of the main obstacles which is often faced by the micro, small, and medium enterprises (MSMEs) practitioners is the ability to access sources of funding. At the time where the absorption of banking credit to MSMEs is still very limited, the role of sharia capital market is considered as an alternative to support this limitation. Expanding the role of sharia capital market finds it moment when Indonesia Finance Service Authority (FSA) issued regulations that provide space for the capital market to also active in real sector businesses. In accordance with the FSA Rules N0.37/2014, mutual fund (unit trust) in the form of Collective Investment Contract (CIC) - Limited Investment/ Participation Fund (LPF) has the objective to pave the way for mutual fund investors to make direct investments in real investments. The proposed model that might be realized to smoothen the intermediary role of sharia capital market to the development of MSMEs is through the hybrid model that might linking mutual fund/investment manager and corporate, particularly venture capital. Using Analytical Network Process (ANP) approach this paper indicates that with the value of rater agreement 1.0, the research found that there are four main cluster problems which become an obstacle the proposed model, namely: (a) the reputation of mutual fund/investment manager; (b) investment grade rating of corporate (venture capital); (c) risk appetiate of investor as shahib al-mal; and (d) government regulation. Policy recommendation that might become solution, according to the value of rater agreement 1.0  is sequentially as follow, namely: (a) fully support from government; especially for a relatively new mutual fund with no experience in the capital markets industry; (b) Corporate (venture capital) should be able to offer Islamic Microfinance Finance Institutions (IMFIs) and MSMEs that have good business feasibility to the mutual fund/investment manager as well as investor; (c) the government should be able to guarantee legal certainty in the context of protection, including advocacy for investors; and last but not least (d) There is an extremely hope that investors could change their investment behavior paradigm, from risk averse to risk taker.Keywords: Sharia capital market, Mutual fund, Venture capital, MSMEJEL Classification: G1, G23, G24


Media Ekonomi ◽  
2019 ◽  
Vol 26 (2) ◽  
pp. 103
Author(s):  
Robinsyah Anggalis Prasetiyo

<em><em>This study aims to analyze the stock mutual funds that have the best performance and provide an overview to investors about stock mutual funds can be bought by investors. </em></em><em><em>The research methodology used is a quantitative method with the type of time series data and data sources derived from secondary data obtained from the Indonesia Stock Exchange. The research period from 2012 to 2016. Data analysis techniques used are using the Jensen model which explains that the performance of Mutual Funds can be seen from the amount of alpha of each Mutual Fund with the provisions that if a Mutual Fund has a positive alpha means it has good performance, vice versa Funds with negative alpha indicate poor performance. </em></em><em>The results of this study indicate that the performance of Coal, Gold, Nickel and Crude Oil on Equity Funds that manage Capital, Kapital Plus, and Consumption Plus mutual funds products based on the Jensen method each produces insignificant alpha and Jensen alpha values. This means that the performance of mutual funds Kapital, Kapital Plus, and Consumption Plus are not affected by the ups and downs of prices of Coal, Gold, Nickel and Crude Oil.</em>


2014 ◽  
Vol 6 (2) ◽  
pp. 120-129
Author(s):  
Prince K. Sarpong

This study seeks to investigate herd behaviour among equity mutual fund managers and the performance of mutual funds that trade against the herd in South Africa. The behaviour of mutual funds has an effect on the stability and volatility of stock markets, the ultimate returns to the investors. The study builds upon the efficient market hypothesis, portfolio theory and behavioural finance to provide evidence of the behaviour of mutual funds in an emerging market context using the Johannesburg Stock Exchange. The Lakonishok, Shleifer and Vishney (1991) measure of herding is used to ascertain the behaviour of mutual funds over the period 2006 to 2012. Institutional investors in South Africa are susceptible to the behavioural bias of herding and this phenomenon influences the performance of their funds. Funds that trade in the opposite direction of herd funds are able to put up a superior performance over time. Superior performance, however, does not entice mutual fund investors to invest less in under-performing funds and more in funds that recently show superior performance. These findings imply that following investment waves does not culminate in superior returns in the stock market. Consequently, mutual funds that take an opposite direction to herd funds help stabilize the stock market and lessen the severity of bear markets. This study categorizes mutual funds into ‘herding’ and ‘contrarian’ and provides an insight into the performance of each category. Investors who oppose herd behaviour realize greater returns over time while stabilizing the markets at the same time.


2016 ◽  
Vol 3 (1) ◽  
pp. 13
Author(s):  
Dimas Rahmat Wijaya ◽  
Dedi Rusdi

Investors are required to be more prudent in determining the investment option since many choices For investing in a mutual funds are popped . So some research is needed to review the performance of mutual funds that active in Stock exchange to be a reference in predicting the performance of mutual funds next year. This research use data from the beginning of the period 2007 until the end of 2012 or from the beginning of the global crisis period and during the crisis period is underway , it is expected to provide accurate results as a benchmark to invest in mutual funds . Because nowaday, the development of the capital markets is used by firms to raise funds from the public . The results of this study showed the presence of persistence in the performance of quarterly, semi annually, annually and biennial mutual fund shares at the Indonesia Stock Exchange . While the monthly and triennial performance of mutual fund shares in Indonesia Stock Exchange did not persistence.


2021 ◽  
Vol 2 (3) ◽  
pp. 555-561
Author(s):  
I Gede Satyawan Pradnya Wiguna ◽  
I Nyoman Budiartha ◽  
Desak Gde Dwi Arini

Mutual funds are investment instruments regulated in regulation number 23/POJK/04/2016 concerning mutual funds, as a guide for investment managers, protecting the rights of investors, investors are not careful in choosing mutual fund products and determining the right and safe investment manager so that legal protection is needed for Mutual Fund Investors. The purposes of this study are to analyze the legal consequences for investors related to the dissolution of a mutual fund legal entity and legal protection for mutual fund investors related to the dissolution of a mutual fund legal entity. The method used is normative legal research with a statutory approach. The technique of collecting legal materials is done through recording and documentation studies. Primary and secondary sources of legal materials are used as sources of legal materials in this study. Then, the legal materials and data are managed using interpretation analysis. The results of the study show that the legal consequences for investors related to the dissolution of the mutual fund managing legal entity are regulated in article 50 of the OJK Regulation if the mutual fund product is dissolved the investor cannot resell after the dissolution of the mutual fund product, protection for mutual fund investors is related to the dissolution of the mutual fund managing legal entity, if there is a loss to the mutual fund product caused by the investment manager, the investment manager must be responsible for the loss due to his actions


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