scholarly journals Corporate Liability for Creditors’ Losses during the Covid-19 Pandemic

2021 ◽  
Vol 28 (1) ◽  
pp. 15-28
Author(s):  
Suwinto Johan ◽  
Ariawan Ariawan
Keyword(s):  
Financial Institutions ◽  
Criminal Liability ◽  
Limited Liability ◽  
Secondary Data ◽  
Criminal Case ◽  
Legal Research ◽  
Easy Task ◽  
Civil Case ◽  
Corporate Liability

Many companies experienced bankruptcy lawsuits during the Covid-19 pandemic in 2020. This was so when the companies’ asset cannot afford their obligations upon their creditors, especially banks and other financial institutions. The creditors demanded compensation to avoid losses due to the companies’ failure in repaying their loans. The question is who should be held liable if the companies are of limited liability companies. This paper aims to examine the liability of corporation for creditors' losses. This normative legal research relies on secondary data in the form of legal materials, especially primary and secondary legal materials. The result shows that demanding compensation through bankruptcy lawsuit is not an easy task for the creditors. In fact, a separate lawsuit is required rather than incorporating it in a bankruptcy lawsuit. Even, it is not only a matter of civil case but also criminal case. Therefore, the companies may be subjected to both civil and criminal liability.

scholarly journals ANALISIS YURIDIS PENGAMBILALIHAN SAHAM PT PRIMA TOP BOGA OLEH PT NIPPON INDOSARI CORPINDO, TBK DARI PERPEKTIF UNDANG-UNDANG NOMOR 5 TAHUN 1999 (Studi Kasus Putusan Komisi Pengawas Persaingan Usaha Nomor: 07/KPPU-M/2018)

2019 ◽  
Vol 11 (2) ◽  
pp. 178
Author(s):  
Suradiyanto Suradiyanto ◽  
Dinny Wirawan Pratiwie
Keyword(s):  
Data Analysis ◽  
Limited Liability ◽  
Secondary Data ◽  
Third Parties ◽  
Limited Liability Company ◽  
Analysis Method ◽  
Legal Research ◽  
Library Research ◽  
The Status ◽  
Legal Consequences

The purpose of this study is to review and analyze the legal consequences of acquisitions made on limited liability companies; and based on theconsiderations used by KPPU to determine that PT Nippon Indosari Corpindo, Tbk. Has violated Law Number 5 of 1999 .This research is normative legal research. Secondary data collection in library research is done by studying documents. The data analysis method used in this study is descriptive and analyzed qualitatively.The results of this study are: (1) Acquisition or Acquisition of Limited Liability Companies can also provide legal consequences affecting the Limited Liability Company. The legal consequences referred to in the Limited Liability Company are the legal consequences both institutionally, namely shareholders, employees, and third parties, as well as the legal consequences of certain parties, especially to third parties or creditors from the acquired limited liability company. In practice that has happened so far, the status of creditors' receivables in a limited liability company that has been acquired is the responsibility of the new Shareholders ; and (2) In the reading of the decision it was also explained that the reported party had acquired / taken over shares of PT Prima Top Boga on January 24, 2018, amounting to 32,051 shares (issuance of new shares) taken over by adding capital worth Rp31,499,722,800 , 00 (thirty one billion four hundred ninety nine million seven hundred twenty thousand eight hundred rupiahs) by Pt Nippon Indosari Corpindo, Tbk. After a long process, through the Merger Directorate, it was conveyed that based on the calculation of calendar days, notices of the takeover of shares of the PT Prima Top Boga company should be notified to the Commission no later than March 23, 2018. However, the reported report took place on March 29, 2018. In accordance with PP No. 57 of 2010 that the reported party is obliged to notify the Commission of the acquisition of shares no later than 30 (thirty) working calendar days from the date the juridically effective Business Entity, Business Entity Consolidation or Takeover of Company Shares are effective.  

scholarly journals Pelaksanaan Perjanjian Sewa Beli Kendaraan Bermotor Akibat Overmacht Karena Covjd-19 di PT. Federal International Finance(FIF) Kabupaten Karangasem

2021 ◽  
Vol 2 (2) ◽  
pp. 223-228
Author(s):  
Anak Agung Ayu Agung Cleo Bayu Pertiwi ◽  
I Nyoman Putu Budiartha ◽  
Desak Gde Dwi Arini
Keyword(s):  
International Finance ◽  
Financial Institutions ◽  
Research Method ◽  
Secondary Data ◽  
Primary Data ◽  
Literature Study ◽  
Legal Research ◽  
Study Approach ◽  
Internal And External Factors ◽  
Data Processing Methods

The financial sector in Indonesia is a sector that is most important than advancing and developing the level of the economy. This of course needs to be maintained both by banks and other financial institutions so that the process of economic development in Indonesia is not delayed. Moreover to maintain this thing, it is necessary to make improvements which in particular do it with financial institutions and of course not banks. The purpose of this study is to reveal the factors that cause overmacht due to Covid-19 at PT. Federal International Finance (FIF) Karangasem Regency and efforts to resolve the overmacht due to Covid-19 at PT. Federal International Finance (FIF) Karangasem Regency. This research method using empirical legal research with a literature study approach. The sources of data used are primary data and secondary data. Data collection techniques by observing, interviewing and documentation methods. After primary legal data and secondary legal data are collected, the data will then be processed and analyzed using systematic legal data processing methods. The research results reveal that some of the problems identified lie in internal and external factors where these problems cannot be borne by the consumer and beyond the control of the consumer himself. The overmatch settlement is carried out by using non-litigation.

scholarly journals Deed Legal Ad / ART PT Perkebunan Nusantara IX After The Consolidated PTP XV-XVI (Persero) With PTP XVIII (Persero)

2018 ◽  
Vol 1 (3) ◽  
pp. 687
Author(s):  
Meilyna Dwijanti ◽  
Amin Purnawan
Keyword(s):  
Board Of Directors ◽  
Research Method ◽  
Qualitative Method ◽  
Limited Liability ◽  
Secondary Data ◽  
Limited Liability Company ◽  
Legal Research ◽  
Dividend Distribution ◽  
The Board Of Directors

The purpose of this study was to determine the legality of the deed of AD / ART PT Perkebunan Nusantara IX after the consolidation of PTP XV-XVI (Persero) with PTP XVIII (Persero). This research method using normative legal research. The data used is secondary data that is material that provides an explanation of primary legal materials; in the form of deed of AD / ART PT Perkebunan Nusantara IX. Data were analyzed by descriptive qualitative method. The results showed Deeds AD / ART PT Perkebunan Nusantara IX Post-Consolidation PTP XV-XVI (Persero) With PTP XVIII (Persero), in accordance with the process and the provisions of the legislation in force. In the Deed clearly contain 1) the name and domicile of the Company; 2) the purpose and objectives and business activities of the Company; 3) The period of the founding of the Company; 4) the amount of the authorized, issued and paid-up capital; 5) the number of shares, class of shares if there is a following for each classification number of shares, the rights attached to each share, and the nominal value of each share; 6) the name of position and the number of members of the Board of Directors and Board of Commissioners; 7) determination of the place and manner of implementation of the GMS; 8) procedures for the appointment, replacement, dismissal of members of the Board of Directors and Board of Commissioners; 9) procedures for the use of profits and dividend distribution. replacement, dismissal of members of the Board of Directors and Board of Commissioners; 9) procedures for the use of profits and dividend distribution. replacement, dismissal of members of the Board of Directors and Board of Commissioners; 9) procedures for the use of profits and dividend distribution.Keywords: Legality; Deeds; AD / ART; Limited Liability Company; BUMN.

TANTANGAN PEMENUHAN HAK PEMBINAAN BAGI PARA NARAPIDANA

2020 ◽  
Vol 3 (2) ◽  
pp. 344
Author(s):  
Endra Wijaya ◽  
Andre Sandy Avianto
Keyword(s):  
Human Resources ◽  
Education Program ◽  
Research Method ◽  
Training Programs ◽  
Skill Training ◽  
Secondary Data ◽  
Criminal Case ◽  
Legal Research ◽  
Corruption Case ◽  
Library Research

<p><strong></strong>Undang-Undang Nomor 12 Tahun 1995 tentang Pemasyarakatan mengatur bahwa pembinaan di Lembaga Pemasyarakatan dilakukan terhadap semua narapidana, termasuk narapidana tindak pidana korupsi. Pada kenyataannya, narapidana tindak pidana korupsi di Lembaga Pemasyaraatan (Lapas) Sukamiskin tidak memperoleh semua pembinaan sebagaimana yang telah ditentukan. Kajian ini dimaksudkan untuk menjelaskan implementasi pembinaan narapidana di Lapas Sukamiskin dan sekaligus untuk menjelaskan hambatan dari pelaksanaan pembinaan bagi narapidana di Lapas Sukamiskin, terutama dalam kaitannya dengan fakta bahwa di Lapas Sukamiskin terdapat beberapa kategori narapidana, yaitu narapidana tindak pidana umum dan narapidana kasus korupsi. Metode yang digunakan dalam kajian ini ialah metode penelitian hukum nondoktrinal dengan bersandar pada data primer serta sekunder. Data dalam kajian ini diperoleh melalui wawancara kepada beberapa narasumber serta melalui penelusuran kepustakaan. Hasil kajian ini menunjukkan bahwa implementasi pembinaan bagi narapidana di Lapas Sukamiskin belum berjalan maksimal dan masih terjadi perbedaan dalam penerapan program pembinaan bagi para narapidana. Selain itu, persoalan sumber daya manusia di Lapas Sukamiskin juga masih menjadi hambatan tersendiri bagi pelaksanaan program pembinaan untuk para narapidana<em>.</em></p><p><em><br /></em></p><p><em>The Law Number 12 of 1995 on P</em><em>enitentiary</em><em> rules that education program provided in penitentiary institution or prison is given to every prisoner including prisoner from corruption case. Contrary to such rules, in fact, in Sukamiskin Prison, the prisoners from corruption case do not involve in all programs provided to every prisoner, especially education and skill training programs. This study would explain the education program for inmate in Sukamiskin Prison and its obstacles related to the differences in implementing several program to general criminal case prisoner and corruption case prisoner. This study uses non-doctrinal legal research method and based on primary and secondary data. Researchers also conduct interviews with several informants besides doing library research. This study reveals that several programs provided for inmates in Sukamiskin Prison still not implement comprehensively and the corruption case prisoners treat differently from general criminal case prisoners. Sukamiskin Prison also still has problem related to its human resources condition.</em></p>

Politics of Legal in Nominee Agreement And Its Practice In Indonesia

2020 ◽  
Vol 11 (1) ◽  
pp. 196
Author(s):  
SUPARJI SUPARJI
Keyword(s):  
Human Behavior ◽  
Research Method ◽  
Code Of Ethics ◽  
Limited Liability ◽  
Secondary Data ◽  
Limited Liability Company ◽  
Legal Research ◽  
Community Needs ◽  
The Law ◽  
A Company

This study aims to examine the legal politics of nominee agreement in Indonesia. The research method used is normative juridical, which conceptualizes the law as what is written in the legislation or the law as a rule or norm that is a benchmark of human behavior that is considered appropriate. This type of legal research is carried out by examining secondary data in the field of law as library data using deductive thinking methods. The results stated that there are no specific rules that override or provide other possibilities related to the issue of absolute ownership of shares by shareholders registered in the register of shareholders of a limited liability company. The unauthorized nominee of agreement in Indonesia is prohibited. The prohibition on nominee agreement is clearly stated in Law No. 25 of 2007 concerning investment. In fact, nominee agreement has grown and developed in the community, due to community needs. Establishment of nominee agreements in practice can be categorized into the formation of direct nominee agreements, namely by directly making agreements between those who affirm that ownership of shares in a company is limited to and on behalf of others. Thus, the legal profession such as notary, legal consultant and lawyer in this case must provide legal counseling, and participate in supervisory duties. As a profession, it should keep the professional code of ethics instead of making unauthorized nominee by making a nominee agreement.  

scholarly journals CRIMINAL LIABILITY OF CORPORATE SHAREHOLDERS

2020 ◽  
Vol 5 (20) ◽  
pp. 69-79
Author(s):  
Rr. Dijan Widijowati ◽  
Halim Darmawan
Keyword(s):  
Law Enforcement ◽  
Criminal Liability ◽  
Limited Liability ◽  
Secondary Data ◽  
Company Law ◽  
Analysis Method ◽  
Piercing The Corporate Veil ◽  
The Law ◽  
Civil Recovery ◽  
Financial Losses

Corporations in the form of Limited Liability Companies in Indonesia are regulated in Limited Liability Company Law No. 40 of 2007 concerning Limited Liability Companies, this Law regulates the liability of corporations and/or shareholders who commit acts against the law, but the liability that can be asked of shareholders does not exceed existing shares. This study uses normative legal research methods. The data used are secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials. For data analysis, the qualitative jurisdictional analysis method was used. From this research, it can be found that law enforcement against shareholders who commit acts against the law can be upheld and the outcome is that the action against the law which was originally a civil action and then turned into a criminal act. By using the Piercing, the corporate veil doctrine, shareholders who commit acts against the law can be sentenced to criminal and all their assets to cover the financial losses of the state due to their actions. It is universally applied on the basis of fraudulent acts carried out to rake in personal profit and by implementing civil forfeiture or civil recovery, the proceeds of crimes committed by shareholders are likely to be returned.

scholarly journals PERTANGGUNGJAWABAN PIDANA DIREKTUR PERSEROAN TERBATAS DALAM TINDAK PIDANA KORUPSI PROYEK TERBATAS PEMBANGUNAN RUMAH SAKIT (STUDI PUTUSAN NO.15 /PID.SUS-TPK/2018/PN.MDN)

2021 ◽  
Vol 2 (01) ◽  
pp. 103-132
Author(s):  
Marthin Simangungsong ◽  
Herlina Manullang ◽  
Tulus R.G Purba
Keyword(s):  
Criminal Responsibility ◽  
Criminal Liability ◽  
Limited Liability ◽  
Criminal Code ◽  
Development Project ◽  
Company Law ◽  
Limited Liability Company ◽  
Legal Research ◽  
Legal Entity ◽  
Project Study

The existence of corporations in the Criminal Code provisions that currently apply has not clearly stipulated corporations as perpetrators of crime because only Article 59 of the Criminal Code still regulates corporate provisions. However, the provisions of regulations outside the Criminal Code have clearly regulated the existence of corporations as legal subjects such as Law Number 40 of 2007 concerning Limited Liability Companies. Corporate criminal crime in its development has been widespread in people's lives, this can be done by the management of the corporation itself. The form of corporation in its development is in the form of legal entity and non-legal entity, one of which is a legal entity is a Limited Liability Company, in Article 82 of the Company Law Director is the management of the company, the Director represents the Limited Liability Company in and out of Article 82 of the Company Law. As for the problem in this research is how the criminal responsibility of the Director of a Limited Company in a criminal act of corruption in a hospital development project (study of decision number 15 / Pid.Sus-TPK / 2018 / PN.Mdn)The legal research method used in this study is a type of normative legal research that is research used by searching or analyzing and analyzing library materials, one of which is Decision No. 15 / Pid.Sus-TPK / 2018 / PN.Mdn. Then based on the results of research on Decision No. 15 / Pid.Sus-TPK / 2018 / PN.Mdn it can be concluded that based on the deeds and errors of the Director of PT. Care Indonusa has fulfilled the element of error, criminal liability requirements and found no excuses for excuses or justifications, so that criminal liability can be requested from the Director of a Limited Liability Company. Based on the above, the judge sentenced him to 5 (five) years in prison as a form of criminal liability to the Director of PT. Care Indonusa.

scholarly journals PERTANGGUNGJAWABAN PIDANA PADA TINDAK PIDANA PERAMPASAN HAK ATAS TANAH (Analisis Putusan Nomor 12/Pid.B/2014/PN.Kbr dan Nomor 17/Pid.R/2010/PN.Kbr)

2019 ◽  
Vol 1 (3) ◽  
pp. 300-308
Author(s):  
Saifullah Bgr
Keyword(s):  
Criminal Liability ◽  
Secondary Data ◽  
Land Rights ◽  
Criminal Code ◽  
Criminal Case ◽  
Literature Study ◽  
Qualitative Descriptive

Crime art Deprivation of Land Rights is regulated among others in Article 385 of the Criminal Code with the threat of imprisonment for a maximum of 4 (four) years and also in Article 2 to Article 6 of Law Number 51 Prp Year 1960 with a maximum imprisonment of 3 (three) months and / or fines as much as Rp. 5,000, - (five thousand) rupiah. The problems described are, first, how is Criminal Accountability on Criminal Deprivation of Land Rights in Decision Number 12 / Pid.B / 2014 / PN.Kbr and Decisions Number 17 / Pid.R / 2010 / PN.Kbr, secondly how Judges Consideration in decides Criminal Case for Deprivation of Land Rights in Decision Number 12 / Pid.B / 2014 / PN.Kbr and Decision Number 17 / Pid.R / 2010 / PN.Kbr. The specification of this research is descriptive analytical, while the approach used is normative juridical, the data used is only secondary data collected through literature study, then analyzed qualitatively and presented in qualitative descriptive form. The first conclusion in the decision Number 12 / Pid.B / 2014 / PN.Kbr can be requested for criminal liability in accordance with Article 385 paragraph (4) of the Criminal Code, but the judge only decides for 3 (three) months, secondly on the decision Number 17 / P / R / 2010 / PN.Kbr pursuant to Article 6 paragraph (1) of Law Number 51 Prp Year 1960, but the judge decides 1 (one) month imprisonment.

Concept of Restitution Application as a Form of Corporate Criminal Liability in Law Enforcement towards Human Trafficking Criminal Act

2020 ◽  
Vol 11 (1) ◽  
pp. 156
Author(s):  
H Radea Respati PARAMUDHITA ◽  
H. Sigid SUSENO ◽  
Lies SULISTIANI
Keyword(s):  
Law Enforcement ◽  
Human Trafficking ◽  
Criminal Law ◽  
Criminal Liability ◽  
Legal Protection ◽  
Legal Certainty ◽  
Legal Research ◽  
Vicarious Liability ◽  
Corporate Criminal Liability ◽  
Corporate Liability

This research aims to analyze: (1) the corporate liability as a law subject in terms of human trafficking criminal act; and (2) the concept of restitution application as a form of corporate criminal liability in the case of law enforcement towards human trafficking criminal act. This research is categorized as normative legal research through the statue and conceptual approaches. The result of the research found that: (1) in terms of criminal law, both seen from the Law of Human Trafficking or theories of corporate liability, corporate is one of law subject in terms of human trafficking criminal act whose liability can be asked regarding human trafficking criminal act. The corporate liability which conducts human trafficking criminal act can be determined through the fulfillment of general criminal liability terms (subjective terms) including the presence of liability, the presence of guilt both intentionally and negligence, and the absence of reasons to omit the criminal law. The form of liability of corporate criminal in terms of human trafficking criminal act can be decided precisely using vicarious liability; and (2) restitution application concept, as a form of corporate criminal liability in law enforcement towards the human trafficking criminal act so that justice principle, legal certainty and benefit for the victim of human trafficking. Therefore, the concept offered is first, fulfillment of material rights. Second, the availability of legal protection accompanied with its implementing which is a very urgent matter. Third, the availability of structure (in the form of institution/entity) and infrastructure is an essential thing in process managing, deciding and executing the human trafficking criminal act.

scholarly journals Analisis Hukum terhadap Perusakan Kertas Suara Pemilihan Umum

2020 ◽  
Vol 7 (1) ◽  
pp. 69-77
Author(s):  
Mhd. Teguh Syuhada Lubis
Keyword(s):  
Content Analysis ◽  
Criminal Liability ◽  
Secondary Data ◽  
Analysis Method ◽  
Legislative Elections ◽  
Legal Research ◽  
Legal Literature ◽  
Content Analysis Method ◽  
Analytical Research ◽  
The Rich

Democracy is a miracle or understanding that puts the foundations of togetherness and honesty and democracy make all people have their existence and becomes meaningful for society to maintain the diversity that does not divide people between the rich and poor. the strong with the weak. and the smart with fools. And democracy also does not recognize discrimination even if there is a difference in society and country and democracy gives similarities. This writing uses normative legal research methods (normative research) with descriptive-analytical research specifications that use secondary data. Data collection procedures are in the form of documentation of notes or quotations. a search of legal literature. books and others related to the identification of problems both offline and online which are then analyzed using the legislative approach through content analysis methods (content analysis method) with a focus on the issue of How is criminal liability for the perpetrators of the destruction of the ballot paper in legislative elections? From the results of the study note that criminal liability for the perpetrators of the destruction of the ballot paper in the legislative election is convicted in accordance with the provisions of the law that is passed and carried out by enforcing the regulations that have been made through the application of the criminal

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