The openness of corporate law in supervising commodity futures trading in emerging markets

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Abstract

Regulations regarding the prohibition of giving full power of attorney from customers to brokers still cannot be fully implemented by stock futures brokerage companies in emerging economies. This then becomes a problem for brokerage firms in the future. The purpose of this study is to analyze the legal protection of cryptocurrency investors reviewed based on Indonesia’s Commodity Futures Trading Authority Regulation No. 5 of 2019 and analyze the legal remedies taken in the event of a dispute over cryptocurrency investment. This research is sociological legal research and uses a positive law enforcement approach to the community. The results highlighted when the customer agrees to transact in futures trading through the facilities provided by the brokerage company, the customer must follow the procedure set by Commodity Futures Trading Authority (CoFTRA) or Badan Pengawas Perdagangan Berjangka Komoditi (BAPPEBTI), where the customer must fill out an agreement book whose contents are also regulated in CoFTRA Regulation No. 8 of 2019 concerning Technical Provisions for Futures Trading and Futures Broker Behavior.

Keywords: Corporate Law, Business Authority, CoFTRA, Future Trading, Commodities

Authors’ individual contribution: The Author is responsible for all the contributions to the paper according to CRediT (Contributor Roles Taxonomy) standards.

Declaration of conflicting interests: The Author declares that there is no conflict of interest.

JEL Classification: F13, K23

Received: 15.12.2022
Accepted: 10.03.2023
Published online: 14.03.2023

How to cite this paper: Fahmi. (2023). The openness of corporate law in supervising commodity futures trading in emerging markets. Corporate Law & Governance Review, 5(1), 63–70. https://doi.org/10.22495/clgrv5i1p5