The scripless trading of share transfer: analysing the role of information technology in paperless trading in Indonesian and Malaysian stock exchange

• Published in: Proceedings of SPIE - The International Society for Optical Engineering
• Main Author: Suratman; bin Abdul Razak M.U.; bin Wan Zahari W.Z.; Roni A.
• Format: Conference paper
• Language: English
• Published: SPIE 2023
• Online Access: https://www.scopus.com/inward/record.uri?eid=2-s2.0-85181400005&doi=10.1117%2f12.3012268&partnerID=40&md5=c49d76bb073acc1a1ce5cc80be77129f

This research aims to find out the influences of information technology development on the concept of share ownership transfer in scripless trading and how this scripless trading looks like in the Indonesian and Malaysian Stock Exchange. This research employed a normative research method, statutory and conceptual approach, with also primary, secondary, and tertiary legal materials to support the research data, all of which were analyzed based on the descriptive-qualitative analysis technique. To study and compare the legal positions in Indonesia and Malaysia concerning scripless trading, a legal comparative analysis is conducted in this. This study aims to offer useful insights into the similarities and contrasts that exist in these two jurisdictions’ unique legal systems by analysing their legal frameworks and guiding principles. The research results came to the following conclusions: (1) the development of information technology manages to transform the relevant jurisprudence into law, especially regarding the concept of transfer of rights of a moveable and intangible object which is more like in the transfer of shares ownership in scripless trading, (2) in the execution of scripless trading, the stock exchange offices serve as the front office fully supported by several institutions backing up transactions such as the Securities Clearing Agency (LKP) executed by PT Kliring Penjamin Efek Indonesia (KPEI), and Depository and Settlement Agency (LPP) executed by PT Kustodian Sentral Efek Indonesia (KSEI) as well as Bursa Malaysia Depository Berhad which assist in scripless trading in a stock exchange, and (3) the adoption of information technology in share transfer mechanisms in public companies has increased the efficiency and economic growth in both countries. © 2023 SPIE.