scholarly journals DINAMIKA DAN IMPLEMENTASI HUKUM ORGANISASI PERUSAHAAN DALAM SISTEM HUKUM INDONESIA

Asy-Syari ah ◽  
2015 ◽  
Vol 18 (2) ◽  
Author(s):  
Muhibbuthabary Muhibbuthabary
Keyword(s):  
Legal System ◽  
Limited Liability ◽  
Business Organization ◽  
Business Organizations ◽  
Commercial Law ◽  
Coordination Unit ◽  
Goods And Services ◽  
Legal Entities

The legal system in Indonesia explained that the act of commerce is the act of purchasing goods for resale. While the organization is a coordination unit comprising at least two people, has a function to achieve a certain goal or set of tools. the company is a unit of business organizations that produce goods and services to meet the needs of the community with the aim of the company is a unit of business organizations that produce goods and services to meet the needs of the community with the aim to obtain profit. The company is a business organization that has carried out business activities and continuous, uninterrupted and overt move out with the aim to get benefit. In the Code of Commercial Law mentioned that perbu-atan commerce on the organization of the company is the act of purchase does not include sales deeds, because sales is part of the aim of business. In practice, the legal system of Indonesia has set about permit the establishment and governance of enterprise organizations are legal entities such as limited liability, Firma, cooperatives, foundations, enterprises, and etc. This has been stipulated in the legislation, namely Law Number 3 of 1992 about the Registration Company and Law Number 8 of 1997 concerning Company Documents.

FOOD INDUCTRY PRODUCTION PROGRAMME MANAGEMENT CHARACTERISTICS

2021 ◽  
Vol 298 (5 Part 1) ◽  
pp. 118-124
Author(s):  
Viacheslav DANYLIUK ◽  
А. KOSTROMIN ◽  
Keyword(s):  
Food Industry ◽  
Market Competition ◽  
Economic Effect ◽  
Marketing Research ◽  
Business Organization ◽  
Business Organizations ◽  
Production Program ◽  
Goods And Services ◽  
Production Programme ◽  
Definition Of

Production programme is an important part of the business plan of every business organization. It must represent a composition of product range, quality and quantity of manufactured products. Business organization`s management can effectively allocate resources between different areas of activities and get the maximum economic effect from the sale of goods and services, because of correct production programme. Business organization will get additional benefits in the market competition with production program. The problem of forming a production program is especially relevant for business organizations of the food industry. Products in this area have a short shelf life. The key issues on the way to effective market functioning are understanding the required production volumes and the number of required resources. The aim of the research is to explore features typical for management of food industry business organizations production programme. This article explores the essence of the concept of “production program”. A critical analysis of previous publications and sources, which were written by Ukrainian and foreign researchers are given. After analysis we provided our own definition of “production programme”. Also we investigated features of formation of the production programme. Algorithms of formation of the production program and requirements to its formation are given. Features of activity of the enterprises of the food industry and influence of these features on formation of production programs of the business organizations of this branch are resulted. Also methods of marketing research were researched and given in the article. Three methods of production programme optimization were given according to defined features of food industry business organizations.

scholarly journals ADMINISTRATIVE AND COMMERCIAL LAW AS A LEGAL BASIS FOR THE FORMATION AND IMPLEMENTATION OF THE ECONOMIC FUNCTION OF THE UKRAINIAN STATE

2020 ◽  
pp. 5-16
Author(s):  
Zhanna Bernatska
Keyword(s):  
Legal System ◽  
Logical Consequence ◽  
Administrative Law ◽  
Functional Method ◽  
Commercial Law ◽  
Public And Private ◽  
Strict Adherence ◽  
Depth Analysis ◽  
Economic Function ◽  
Legal Entities

The article is focused on clarifying the place of law norms, which are the basis for the formationand implementation of the economic function of the Ukrainian state within the legal system ofUkraine. The research is based on an in-depth analysis of national and foreign legal literature,primarily German one, focused on the system of law, the grounds for the division of law into publicand private, the system of administrative law as the branch of law, administrative and commerciallaw as the branch of Special Administrative Law.The purpose of the article is to substantiate the idea that administrative and commercial law isthe basis for the formation and implementation of the economic function of the Ukrainian state.The author has separately studied internal structure of this branch of Special Administrative Lawin order to single out new legal entities within its boundaries.System of methods. Generally scientific, special and legal techniques and methods of cognitionhave been used during the research. The historical method of cognition has been used whilestudying the history of the formation of views on the division of law into public and private.The formal and logical method has been used while classifying the criteria for dividing the lawinto public and private. The system and functional method has been used while studying the natureof the legal system and the structure of administrative law as the branch of law. The comparativemethod has been used to clarify approaches to understanding the system of administrative law inUkraine and Germany.Results. The use of the specified methods of scientific cognition made it possible: to state theexistence of the universally recognized theory of the division of law into public and private; tosubstantiate the need for strict adherence to this theory of the division of law while separatinglegal entities within those subsystems of law (branches of law, sub-branches of law and legalinstitutions); to emphasize the need to bring the system of administrative law in line with Europeancounterparts, which provide its inevitable division into General and Special Administrative Law; to single out new branches of law within the framework of Special Administrative Law, takinginto account the functional activities of public administration, as well as administrative and legalguaranteeing of the rights of individuals in the field of public administration.Conclusions. The conducted research allowed us to conclude that the formation and implementationof the economic function of the Ukrainian state is guaranteed by administrative and commerciallaw.The separation of this branch of Special Administrative Law is a logical consequence of: a) theapplication of the theory of law division into public and private to legal relations arising fromthe formation and implementation of the economic function of the Ukrainian state; b) thoroughreform of the system of administrative law of Ukraine, which provides the separation of newbranches of law within the Special Administrative Law; c) approximation of Ukraine to theEuropean administrative space, which stipulates bringing the national legal system in line withthe EU legal system.Administrative and commercial law, like any branch of law, consists of small legal entities thathave been formed within its boundaries. We offer to expand the list of institutions of administrativeand commercial law based on new institutions: a) the institution of forecasting and planning ofeconomic development of Ukraine; b) the institution of protecting the rights of business entitiesand consumers; c) the institution of state assistance to chambers of commerce and industry; d) theinstitution of management of economic activity within public sector of the economy.

scholarly journals Theoretical And Legal Approaches To The Concept Of «Corporation» In Legal Families

2019 ◽  
pp. 65-76
Author(s):  
O.M. Stratiuk
Keyword(s):  
Legal System ◽  
Trade Unions ◽  
Limited Liability ◽  
Business Associations ◽  
Legal Entity ◽  
First Case ◽  
Anglo American ◽  
Legal Forms ◽  
Limited Partnerships ◽  
Legal Entities

The article analyzes the scientific views on the concepts of «legal entity» and «corporation» formed in different legal systems, indicating either the identity of these concepts, or their heterogeneity by deducing a number of common and distinct features. Determined that in the Anglo-American legal system, the corporation is seen as a collective term, which should be understood by business associations and nonbusiness capital entities created to meet social objectives. It is proved that in EU law the concept of «corporation» is not identical with that of a legal entity, although a considerable number of types of legal entities are proposed to be included in the list of legal entities. In the countries of the continental legal system (France, Germany, Switzerland, Russia, Ukraine, etc.) the term «corporation» is rarely used in the law. This concept is used mainly in literary sources. Corporations include: various types of companies (full and limited partnerships, joint stock companies and other companies, members of which are limited liability for the obligations of the company), business associations (groups, trade unions, holdings, etc.), cooperatives, leases and state-owned enterprises, as well as various non-economic unions and associations. The main difference between the range of legal entities in the Anglo-American and Continental legal families is that in the first case, the terms «legal entity» and «corporation» are correlated as interchangeable concepts, and in the other case, the possibility of correlation between the concepts of «legal entity» and «corporation» depends on the approach of the legislation of the country to the definition of their organizational and legal forms and the formation in the scientific circles of the criteria for their separation or integration into one or another concept, or the introduction of this concept into the existing legislation of the EU country with a clear list of organizational and legal forms. Therefore, every legal family has their own approaches to the concept of «corporation».

scholarly journals Partnership as a legal form of exercising the profession of midwife

2017 ◽  
Vol 16 (4) ◽  
pp. 24-30
Author(s):  
Monika Sadowska ◽  
Artur Wdowiak
Keyword(s):  
Legal System ◽  
Intellectual Capital ◽  
Personal Responsibility ◽  
Civil Law ◽  
Medical Knowledge ◽  
Limited Liability ◽  
Employment Relationship ◽  
Commercial Law ◽  
Legal Form ◽  
Limited Liability Partnership

Abstract Introduction. The profession of midwife belongs to the medical ones. In the Polish legal system, the definition it is not of a legislative nature. It refers to liberal professions associated with practical medical knowledge. However, the profession of midwife has also been included in the catalog of liberal professions under the commercial law, and the legislature allows the practice of midwife in the form of a partnership. Nevertheless, the majority of midwives working in Poland is employed on the basis of an employment relationship and a civil law agreement, while exercising practice in the form of partnership is not a frequent choice. Aim. The purpose of this article is to profile the midwife partnership, including the approximation of its essence and purpose, as well as the rights and obligations of the partner, and discussion of the terms and conditions of the company's medical business. Summary. Compared to other commercial companies, a limited liability partnership company is an attractive legal form for exercising the profession of midwife, primarily because of the partner's liability for the company's obligations. At the same time, the midwife partnership company, by combining both a reduction of personal responsibility, transparent representation with the use of possibility of appointing a board, and the possibility of accumulating financial and intellectual capital, meets the demands of the free services market and growing competition, thereby fostering service quality.

DEPENDENCE OF THE COMPANY'S LEGAL PERSONALITY FROM THE PERSONALITY OF ITS SHAREHOLDER AS A TREND OF LEGISLATION AND LAW ENFORCEMENT PRACTICE

2021 ◽  
Vol 14 (2) ◽  
pp. 52-58
Author(s):  
MARIETTA SHAPSUGOVA ◽  
Keyword(s):  
Law Enforcement ◽  
Limited Liability ◽  
Complete Separation ◽  
Socialist Economy ◽  
Legal Entity ◽  
Legal Personality ◽  
Long Time ◽  
Law And Legislation ◽  
Market Relations ◽  
Legal Entities

The concept of a legal entity as an independent legal entity, independent distinctiveness of its participants was formed gradually. In the Fatherland Law, it reached its climax in the Soviet era. It was then that such classical features of a legal entity were formulated as organizational unity, property isolation, and independent responsibility. The economic system drove this approach. In a planned socialist economy, an individual could not be the owner of the means of production, and therefore the legal personality of an enterprise was maximally alienated from a person's personality, which was reflected in its characteristics. For a long time, by inertia in Russian law and legislation, this alienation of the shareholder's personality from the legal entity's personality was preserved. The reason for the revision of this approach was the abuse by limited liability participants of legal entities controlled by them, using such a person as a "mask" for their activities and leading to a violation of creditors' interests. In this regard, with Russia's transition to market relations, an interest arose in the foreign theory of corporate law, which developed mechanisms to combat such abuses, studies of corporate forms of a legal entity, and mechanisms for bringing controllers and beneficial owners to justice were updated. The article examines the dynamics of the transformation of a legal entity's theory from dependence to independence and again to its dependence. It is argued that the shareholder's connection with the legal entity is preserved, and complete separation of the legal personality from the shareholder's personality is impossible, which is confirmed by the doctrine, law enforcement practice, and trends in the development of legislation on legal entities.

scholarly journals The Malta case: distributed ledger technologies (dlts) and Islamic commercial law in the European union. A European controversy.

2020 ◽  
Vol 9 ◽  
pp. 99-109
Author(s):  
Francisco Javier Heredia Yzquierdo
Keyword(s):  
European Union ◽  
Legal System ◽  
Human Activities ◽  
The Other ◽  
The European Union ◽  
Commercial Law ◽  
Legal Principles ◽  
State Of The Union ◽  
Distributed Ledger ◽  
Other Hand

The Shariʿa Law has a comprehensive vision of all human activities, including commerce. The peculiarities of the commercial legal system that derives from the legal principles of Shariʿa emanates from the concepts of forbidden or Haram and permissible or Halal. These principles are applied today to breakthrough commercial developments such as the Blockchain/Digital Ledger Technologies. On the other hand, there is a growing debate about the possibility of the application of Shariʿa Law in the Member States of the European Union, either for social reasons or for commercial reasons. The controversy and opportunities created in the smallest State of the Union, Malta, serves as a sample.

scholarly journals The Adoption and Utilization of Electronic Business in Response to Global Economy during COVID-19

2022 ◽  
Vol 9 (1) ◽  
pp. 0-0
Keyword(s):  
Global Economy ◽  
Physical Contact ◽  
Business Organizations ◽  
Goods And Services ◽  
Doing Business ◽  
Top Managers ◽  
The Social ◽  
Rapid Spread ◽  
Community Transmission

The COVID-19 epidemic has triggered unmatched impairment to businesses globally. There are unmeasurable financial influences in the short-term and long-term and have causes intangible destruction within businesses. This study investigates the adoption and utilization of e-business during COVID-19 by both organizations and the general populaces. The study used a questionnaire-based survey to collect data from top managers of business organizations and their clients. SPSS was used to analyze the adoption factors. The outcomes presented that embracing e-business can assist to reduce the spread of COVID-19 and can reduce the physical ways of doing business. The findings of this study will help strategy makers, companies, and officials in making better decisions on the implementation of e-business. This will reduce the rapid spread of community transmission since ordering goods and services can easily be done virtually without physical contact, which goes in line with the social distance policy and in return boost the country’s economy

scholarly journals Role of trademarks in consumer protection

2003 ◽  
Vol 75 (9-10) ◽  
pp. 281-285
Author(s):  
Đerđ Čeči
Keyword(s):  
Market Economy ◽  
Consumer Protection ◽  
Legal System ◽  
Geographic Origin ◽  
Goods And Services ◽  
Trademark Protection ◽  
Product Responsibility

The author analyses in this work development of Hungarian legislature related to trademarks belonging to the period of time between late seventies and present day. He points out that since the reform of legal system and transition to market economy numerous statutes have been passed in order to harmonize civil legislation dealing with consumer protection with the demands of market economy. Some of those statutes have been Law on Product Responsibility (1995), Law on Prohibition of Distorted Competition on Market (1990). Trademarks have been regulated by the XI Statute of 1977. This Statute contains numerous and usual notions related to consumer protection. Some of those notions have effect of an absolute or unconditional exclusion from the trademark protection, especially if they may be misleading for consumers in respect of kind. quality, geographic origin or other features of goods and services.

Theory A, Theory B and Theory C of managing people at work

2021 ◽  
Vol 5 (1) ◽  
pp. 69-75
Author(s):  
Birendra Nath Singh
Keyword(s):  
Empirical Studies ◽  
Shop Floor ◽  
Scientific Management ◽  
Business Organization ◽  
Business Organizations ◽  
Research Gaps ◽  
Future Studies ◽  
Modern Business ◽  
And Control ◽  
The Impact

Managing people and productivity are prime concerns of modern business organizations. Many empirical studies were conducted during the era of scientific management (Taylor, 1911) to investigate What and How? McGregor’s (1960) epic theory — Theory X and Theory Y, categorizing all employees into two groups and prescribing methods to motivate and control them was the best. However, his findings also suffered strong criticisms, creating research gaps. The objective of this study was to investigate further and to conclude that there are three major groups named Theory A, Theory B, and Theory C. Amongst them, a middle group — Theory B is most dominant, having all capabilities to significantly influence productivity and prosperity of organizations. The methodology used was qualitative, based upon intensive and critical shop-floor observations. Since this study was not empirical, it had many limitations requiring further researches. Therefore, rightly recommended that future studies should correlate the impact of technological advancements upon motivations and productivity of the modern business organization (Veitch, 2018).

Conclusion

2020 ◽  
pp. 171-178
Author(s):  
Andreas Televantos
Keyword(s):  
Limited Liability ◽  
Commercial Law ◽  
Commercial Activity ◽  
Economic Instability ◽  
Economic Progress ◽  
Large Joint ◽  
Per Se ◽  
Political Economic ◽  
Made In

This concluding chapter reiterates the points made in the previous chapters to tell a story of how a commercial law was created by giving voice in law to broader political economic concerns. Although, as with the Factors Acts, there were instances of conflict between judges and merchants, the overall picture here is not one of judges pushing back against merchants riding the tide of economic progress. Unlike many modern courts, judges did not see their role as simply encouraging commercial activity. This was rooted in the wider belief that commercial activity was not per se desirable, as too much trade was causing economic instability. This was not a mindset specific to judges or lawyers. This analysis itself raises a broader question. Given that large joint stock companies were perceived of us inefficient and even immoral, why did England introduce general incorporation in 1844, and limited liability in 1855? The chapter draws from the foregoing analysis to make some observations.

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