Legal Liability of Futures Brokerage Companies for Risks in Standard Agreements that Result in Losses to Customers in Online Trading Investments
Journal Title: International Journal of Multidisciplinary Research and Analysis - Year 2023, Vol 6, Issue 05
Abstract
The implementation of trading activities is brokered by Futures Brokers, where Futures Brokers, in binding customers use standard agreements that have been prepared by Bappebti. Where the agreement contains an exoneration clause and this violates Law Number 8 Year 1999 concerning Consumer Protection, so that with these violations, it results in losses suffered by customers. The formulation of the problems raised in this study is 1). How do the clauses in the agreement provided by the Futures Brokerage Company which accommodate the risks in the standard online trading investment agreement provide a balance for the parties? 2) How is the Futures Brokerage Company's liability to customers for risks in the standard investment trading agreement agreed upon? This study uses normative legal research methods, namely research by collecting and analyzing secondary data using secondary data sources only, namely books related to the problem, related laws and regulations, related court decisions, legal theories and relevant scholars' doctrine experts, and case studies related to legal issues, the theory used to analyze the theory of Legal Liability Theory, Balance Theory, Legal Certainty Theory and Theory of the Hierarchy of Legislation. The conclusion of this research is that people should be careful in understanding agreements related to online trading investments.
Authors and Affiliations
I Putu Sukayasa Nadi, Johannes Ibrahim Kosasih, Made Wiryani
Keywords
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- EP ID EP716470
- DOI 10.47191/ijmra/v6-i5-30
- Views 45
- Downloads 0
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