By Kusnandar & Co. Attorneys At Law – Jakarta, Indonesia
The
recent request by MSCI, one of the world’s most influential index providers,
for greater transparency in Indonesia’s stock ownership data should not be
viewed as a mere technical issue. Instead, it reflects a deeper concern about
the credibility, governance, and reliability of Indonesia’s capital market in
the eyes of global investors. MSCI’s call for the Financial Services Authority
(OJK) to disclose beneficial ownership (ultimate beneficial owner/UBO) data,
including holdings below five percent, is a clear signal that transparency has
become a non-negotiable standard in today’s global financial ecosystem.
This
issue gained prominence following a sharp decline in Indonesia’s stock market,
which even triggered a temporary trading halt. Market participants linked the
volatility to MSCI’s assessment of Indonesia’s free float quality and ownership
transparency—two critical indicators used to evaluate market investability.
When investors are unable to clearly identify who ultimately controls listed
shares, uncertainty increases. For global institutional investors, such
uncertainty often translates into higher risk premiums or even capital
withdrawal.
In
this context, OJK’s response—committing to provide beneficial ownership data to
MSCI, starting with major index constituents such as the IDX100—deserves
recognition. The move signals that Indonesian regulators are willing to align
with international best practices rather than adopt a defensive stance.
Transparency is no longer just about regulatory compliance; it is about
maintaining credibility in an increasingly competitive global capital market.
However,
the decision to open beneficial ownership data also comes with significant
challenges. Beneficial ownership information is inherently sensitive, as it
reveals control structures that are often deliberately complex. In many cases,
layered ownership is not only a business strategy but also a means of
protecting privacy and commercial interests. Therefore, OJK must strike a
careful balance between meeting global transparency standards and safeguarding
legitimate data protection concerns. Transparency should strengthen trust, not
create new vulnerabilities.
Beyond
the immediate issue, MSCI’s request exposes a broader structural question: how
mature is Indonesia’s capital market governance framework? While regulations on
free float and disclosure already exist, MSCI’s concerns suggest that the
available data may not sufficiently reflect the true ownership landscape. This
highlights a gap not in regulation alone, but in data quality, consistency, and
accessibility—factors that increasingly define a market’s standing at the
international level.
The
discussion around raising the minimum free float requirement to 15 percent
further reinforces this point. If implemented effectively, such a policy could
improve market liquidity, reduce price manipulation risks, and enhance overall
market resilience. More importantly, it would signal that Indonesia is moving
beyond symbolic reforms toward substantive improvements in market structure.
For long-term investors, this kind of reform matters far more than short-term
market fluctuations.
At
the same time, the strong market reaction to MSCI’s assessment serves as a
reminder of how interconnected Indonesia’s capital market is with global
perceptions. MSCI’s influence is significant; its evaluations can affect
portfolio allocations worth billions of dollars. Speculation about a potential
downgrade in market classification—even if unlikely—illustrates how governance
issues can quickly escalate into reputational risks if not addressed
decisively.
Ultimately,
OJK’s willingness to engage with MSCI on beneficial ownership transparency
should be seen as a strategic opportunity. By improving disclosure standards
and data integrity, Indonesia can strengthen investor confidence, reduce
volatility driven by uncertainty, and enhance its position within global
capital flows. The challenge lies in execution: transparency must be
implemented carefully, consistently, and credibly. If done right, this moment
could mark a meaningful step forward in Indonesia’s journey toward a more
trusted and globally competitive capital market.
By : K&Co - January 30, 2026