ELECTRONIC INITIAL PUBLIC OFFERING (e-IPO) BUSINESS DISPUTE RESOLUTION IN INDONESIA
I Gede Prema Nugraha Suastama, I Gusti Agung Ayu Gita Pritayanti Dinar, Kadek Richa Mulyawati

WARMADEWA UNIVERSITY

Abstract

The dynamics of the development of economy, business and technology have the potential to cause disputes among the parties involved in it. Disputes occur because of differences in the interests of each party, in that, one party believes that his or her interests are dissimilar to those of the other party. One form of technology application that is essential is in the economic field, or what is known as financial technology or FinTech. Financial Technology (FinTech) is a collaboration between technology and financial features or can also be interpreted as a renewal in the financial sector with a touch of technology. One type of financial technology is Equity Crowdfunding, which in Indonesia should conceptually be equated with Electronic Initial Public Offering (e-IPO) in Capital Market law. E-IPO is a web-based electronic means provided by public offering system operators, such as the Indonesia Stock Exchange, to support the initial public offering process to the public, such as providing information related to the Initial Public Offering (IPO) and ordering IPO shares from issuers who are conducting public offerings through the e-IPO system. Resolution of e-IPO disputes is carried out through BANI even though the Financial Services Authority (OJK) regulations have not determined so. Problems in the present study are formulated as: (i) How is the regulation of stock transactions through e-IPO in Indonesia made?, (ii) How is e-IPO dispute resolution through the Indonesian National Arbitration Board (BANI) carried out? This study uses a normative legal research method with a statute approach and legal concept analysis. The theory used in examining the problems is the theory of agreement and the conception of law as a policy process. Through this research, it can be determined that the e-IPO procedure in Indonesia and the clause on binding the e-IPO dispute settlement is through the BANI.

Keywords: Electronic Initial Public Offering (e-IPO), Dispute, BANI.

Topic: Law on Bussiness Competition, and Prohibition of Monopoly