scholarly journals Pengaturan Bentuk Usaha Penanaman Modal Asing di Indonesia

2021 ◽  
Vol 2 (1) ◽  
pp. 179-183
Author(s):  
Hamam Febrian Cahaya ◽  
I Nyoman Putu Budiartha ◽  
Putu Ayu Sriasih Wesna
Keyword(s):  
Foreign Investment ◽  
Research Method ◽  
Service Sector ◽  
Limited Liability ◽  
Export Trade ◽  
Legal Entity ◽  
Positive Law ◽  
Business Entities ◽  
Legal Forms ◽  
Article 5

The regulation on the establishment of a foreign investment business entity in the field of export services trade has been promulgated through Law Number 25 of 2007 concerning Investment, as contained in Article 5 paragraph 2 it is determined that the company defined according to the article which applies to everything or the largest discount in Indonesia as a single entity, the company itself is required to have been formed into a legal entity according to Indonesian positive law and domiciled in Indonesia. This study aims to determine the arrangements for the establishment of foreign investment business entities in the export trade service sector, and to determine the policies and legal instruments implemented by the Regional Investment Coordinating Board in improving the foreign investment climate in the export trade sector. The research method used is the normative legal research method. Sources of legal materials used are divided into primary, secondary and tertiary legal materials. The results showed that the regulation on the establishment of a PMA business entity in the field of export services is regulated in the PM Law in Chapter IV Legal Forms, Position and Business Area, as contained in Article 5 paragraph 2, it is stated that the company referred to in foreign investment is obliged to be in the form of a PT on the basis of positive law in Indonesia and is in the territory of the Republic of Indonesia, unless otherwise stipulated by the Law. Legal entities in Indonesia are limited liability companies that have their own fundamentals as stated in Article 1 of the PT Law is a legal entity that stands on an agreement that carries out active business on the basis of assets that have been divided into capital injected by investors and have met all the requirements stipulated in this law and in its implementing regulations.

scholarly journals Kewenangan Notaris Dalam Pembuatan Akta Otentik Berkaitan Dengan Kontrak Kerjasama

Jurnal Akta ◽  
2018 ◽  
Vol 5 (1) ◽  
pp. 11
Author(s):  
Maslikan Maslikan ◽  
Sukarmi Sukarmi
Keyword(s):  
Research Method ◽  
Limited Liability ◽  
Research Approach ◽  
Public Official ◽  
Limited Liability Company ◽  
Notary Public ◽  
Business Entities

AbstrakDalam pasal 1 ayat (1) UU No 30 Tahun 2004 tentang Jabatan Notaris, Notaris  adalah pejabat umum yang berwenang untuk membuat akta otentik dan kewenangan lainnya sebagaimana dimaksud dalam undang-undang ini. Salah satu kewenangan notaris adalah membuat akta otentik, dimana hal tersebut sesuai dengan ketentuan dalam pasal 15 UU No 30 Tahun 2004 tentang Jabatan Notaris.Hal ini penulis mencoba menelaah kewenangan notaris dalam pembuatan akta otentik berkaitan dengan kontrak kerjasama.Peneitian ini menggunakan metode penelitian hukum normative, dimana pendekatan penelitian yang digunakan adalah pendekatan perundang-undangan dan pendekatan konseptual.Akta-akta yang dibuat oleh Notaris misalnya pedirian Perseroan Terbatas (PT), perubahan dan risalah umum pemegang saham, pendirian yayasan, pendirian bahan usaha-badan usaha lainnya, kuasa untuk menjual, perjanjian sewa menyewa, perjanjian jual beli, keterangan hak waris, wasiat, pendirian CV termasuk perubahannya, pengakuan utang, perjanjian kredit dan dan pemberian hak tanggungan, perjanjian kerjasama, kontrak kerja, segala bentuk perjanjian yang tidak dikecualikan kepada pejabat lain, oleh sebab itu akta yang berkaitan dengan kontrak kerjasama mutlak merupakan wewenang oleh sorang Notaris untuk membuat akta otentik tersebutKata Kunci : kewenangan notaris, akta otentik, kontrak kerjasama AbstractIn article 1 paragraph (1) of Law No 30 Year 2004 concerning Notary Public, Notary is a public official authorized to make authentic deed and other authority as referred to in this law. One of the authority of a notary is to make an authentic deed, which is in accordance with the provisions of Article 15 of Law No 30 Year 2004 regarding Notary Position.This author tries to examine the authority of notary in making authentic deed related to cooperation contract. This research uses normative law research method, where the research approach used is the approach of legislation and conceptual approach.Notarial deeds made by a Notary, such as the establishment of a Limited Liability Company (PT), general shareholder changes and minutes, establishment of foundations, establishment of materials of other business entities, authorization to sell, lease agreements, sale and purchase agreements, inheritance rights, , the establishment of the CV including amendments, recognition of debts, credit agreements and the granting of mortgages, cooperation agreements, contracts of employment, all forms of agreements not excluded to other officials, therefore deeds relating to the contract of cooperation are absolutely authorized by a Notary to make the authentic deedKeywords: notary authority, authentic deed, cooperation contract

scholarly journals Non-Entrepreneurial Legal Entity: The Theoretical And Legal Analysis Of The Concept And Characteristics

2019 ◽  
pp. 22-33
Author(s):  
O.I. Zozuliak
Keyword(s):  
Social Life ◽  
Scientific Work ◽  
Legal Analysis ◽  
Legal Entity ◽  
Legal Model ◽  
Level 3 ◽  
Business Entities ◽  
Legal Forms ◽  
Definition Of ◽  
Legal Entities

The article is devoted to the theoretical and legal analysis of issues related to the range of problems connected with development of such legal model as ‘nonentrepreneurial legal entity’. In the scientific work the author makes an analysis of those concepts which are submitted by the leading Ukrainian scholars and concern the formation of civil-law terminology in general and that is applied to the nonentrepreneurial legal entities, in particular. The author has concluded that it is expedient to apply the set of criteria during formation of the non-entrepreneurial legal entity. The article gives the definition of non-entrepreneurial legal entity in the narrow and broad meanings. It is proved that a non-business entity should be singled out as a separate category according to the non-distribution of profit (income) rather than to the specifics of its business activity. The author demonstrates the feasibility to change classification criteria and levels while classifying the legal entities and on the mentioned ground she has singled out: 1) procedure for establishment of the legal entity; 2) structure of the legal entity as a criterion of the second classification level; 3) specific character of the profit distribution as a criterion of the third level of classification. It is based on the argument that non-business entities are an independent group of the legal entities, which is divided into subgroups: the non-business entities of corporate type and the non-business entities of unitary type. Each subgroup of the non-business legal entity distinguishes several legal forms within of which specific types of non-business entities are allocated. The author presents one’s own definition of the non-entrepreneurial legal entity, as a legal entity of public or private law, whether of corporate or unitary type, which is specially established in the different areas of social life and endowed with a special legal capacity. The non-entrepreneurial legal entity shall be entitled to carry out activities with a view to profit but it doesn’t distribute it among participants (members).

scholarly journals Liabilities of the Director of the Regional Limited Liability Company (Perseroda) in the Corporate Bankruptcy According to Positive Law

2019 ◽  
Vol 6 (3) ◽  
pp. 253
Author(s):  
Asmuni Asmuni ◽  
Kurniawan Kurniawan ◽  
Eduardus Bayo
Keyword(s):  
Limited Liability ◽  
Regional Government ◽  
Limited Liability Company ◽  
Corporate Bankruptcy ◽  
Public Benefits ◽  
Positive Law ◽  
Good Corporate Governance ◽  
The Board Of Directors ◽  
Separate System ◽  
Legal Forms

This research aims to analyse the liabilities of the director of the regional limited liability company (perseroda) in the corporate bankruptcy according to positive law. This research belongs to the type of normative legal research or also called doctrinal research; i.e. research that examines law as a separate system which is separated from various other systems that exist in community. Thus, it gives a boundary between the legal system and other systems. BUMD, according to Minister of Home Affairs Regulation No. 3 of 1998 concerning Legal Forms of BUMD, may be Regional Company or Limited Liability Company (LLC). For BUMD, in the form of Regional Companies, the provisions concerning Regional Companies as stipulated in Law No. 5 of 1962 concerning Regional Company. Meanwhile, BUMD, in the form of legal entities is Limited Liability Company that subjects to Law No. 1 of 1995 concerning Limited Liability Company which has been amended by Law No. 40 of 2007 concerning Limited Liability Company. Article 331 of Law No. 23 of 2014 concerning Regional Government states that regions can establish BUMD and may be in the form of Regional Public Liability Company whose establishment is determined by regional regulations. The establishment of this BUMD generally aims to provide benefits for regional economic development, organize public benefits in the form of providing quality goods and/or services for the fulfilment of people’s livelihoods according to the conditions, characteristics and potential of the region based on good corporate governance, and obtain profit and/or profit. The board of directors, due to their negligence and mistakes, must be liable for the Regional Limited Liability Company that has been declared bankrupt; in this case it is jointly and severally over all obligations that are not repaid from bankrupt assets unless the directors can prove that they do not have to be liable (Article 104 paragraph (2) and (4) of UUPT)

scholarly journals PERLUASAN PENGATURAN PENGURUSAN PERSEROAN TERBATAS DALAM PEMBAHARUAN HUKUM PERSEROAN TERBATAS

2020 ◽  
Vol 8 (10) ◽  
pp. 1495
Author(s):  
Pande Putu Indahyani Lestari ◽  
I Gede Agus Kurniawan
Keyword(s):  
Board Of Directors ◽  
Research Method ◽  
Limited Liability ◽  
Company Law ◽  
Legal Research ◽  
Legal Entity ◽  
Study Results ◽  
The Board Of Directors ◽  
A Company

Tujuan studi ini untuk mengkaji perluasan pengaturan pengurusan perseroan terbatas dalam pembaharuan hukum Perseroan Terbatas. Dalam UUPT menyebutkan bahwa Direksi berwenang dan bertanggung jawab penuh untuk menjalankan pengurusan Perseroan. Studi ini menggunakan metode penelitian hukum normatif, yakni suatu penelitian menggunakan berdasarkan dengan pendekatan bahan hukum, baik hukum primer dan hukum sekunder. Hasil studi menunjukkan bahwa Direksi sebagai organ perseroan bertanggung jawab atas kepentingan Perseroan, apabila dalam suatu Perseroan tidak memiliki Direksi maka Perseroan tidak akan bisa berjalan atau beroperasional dengan baik selayaknya sebuah badan hukum. Kemudian dalam hal ini ketika masa jabatan Direksi sudah habis mengakibatkan terjadinya kekosongan kepengurusan Direksi, di dalam UUPT tidak ada yang mengatur manakala suatu Perseroan sudah tidak memiliki Direksi. The purpose of this study is to examine the expansion of management arrangements for limited liability companies in the legal renewal of Limited Liability Companies. The UUPT states that the Directors are authorized and fully responsible for carrying out the management of the Company. This study uses a normative legal research method, which is a research using based on the approach of legal materials, both primary and secondary law. The study results show that the Board of Directors as a corporate organ is responsible for the interests of the Company, if in a Company does not have a Board of Directors, the Company will not be able to operate or operate properly as a legal entity. Then in this case when the term of office of the Board of Directors has expired resulting in a vacancy in the management of the Board of Directors, in the Company Law no one regulates when a Company does not have a Board of Directors.

scholarly journals About the structure of legal arrivals in Ukraine

Social Law ◽  
2019 ◽  
pp. 79-85
Author(s):  
H. Kornienko
Keyword(s):  
Agricultural Production ◽  
Agricultural Sector ◽  
Limited Liability ◽  
Comprehensive Analysis ◽  
Agricultural Cooperatives ◽  
Industrial Complex ◽  
Agricultural Enterprises ◽  
Business Entities ◽  
Legal Forms ◽  
The Relationship

The article analyzes the peculiarities of legal relations in the sphere of agribusiness on the basis of research on agrarian relations, economic activity (entrepreneurship) and agro-industrial complex. A comprehensive analysis of relations in the field of business in the agricultural sector is given. Their object and subject composition is established, which is narrower than in agrarian-legal relations. It is emphasized that the object of legal relations in the field of agribusiness, the essence of which is expressed through action - different in content and character, is pluralistic in nature, which causes its multilevel and complexity. The subjects of legal relations in the said sphere are agricultural enterprises of various organizational and legal forms (farms, agricultural cooperatives, agricultural joint-stock companies, agricultural limited liability companies, agricultural private enterprises, etc.), as well as those providing agricultural production and production. products (enterprises in the field of information, logistical and logistical support. The same aspect explores the relationship between agribusiness and agro-industrial complex, which are not inherently identical concepts. The basis for their isolation is the orientation of business entities: in the agro-industrial complex - production and marketing, and in agribusiness - marketing.

scholarly journals TANGGUNG JAWAB ORGAN BUMN DALAM PENGELOLAAN KEKAYAAN BUMN DIKAITKAN DENGAN HAK NEGARA SEBAGAI PEMEGANG SAHAM

PRANATA HUKUM ◽  
2019 ◽  
Vol 14 (1) ◽  
pp. 1-14
Author(s):  
Tami Rusli
Keyword(s):  
Research Method ◽  
Limited Liability ◽  
Secondary Data ◽  
The State ◽  
Descriptive Research ◽  
Legal Implications ◽  
State Finance ◽  
Piercing The Corporate Veil ◽  
Business Entities ◽  
Research Show

ABSTRAK At present there is a dualism in the regulation of the management of BUMN Persero. First, arrangements that assume that state-owned enterprises are merely business entities. Secondly, the regulation which considers that the management of BUMN Persero is seen from the aspect of capital including into State Finance. This dualism of regulation brings different legal implications. This research is intended to find out and formulate, the responsibility of BUMN Persero in the management of BUMN Persero's wealth is associated with the rights of the State as a shareholder, the research method applied in this research is a normative juridical approach with analytical descriptive research which describes primary and secondary data related to the problem of responsibility legal management of BUMN Persero. The results of the research show that the responsibility of the management of BUMN Persero and BUMN BUMN organs is civil and the State has limited responsibility in accordance with the shares owned. Limited liability The Company's and the State's organs can be broken if they exceed the management authority according to the position of each organ (piercing the corporate veil). As a suggestion for the renewal of processes in the management of state-owned enterprises that are more supportive of quick, efficient and more accountable decision making, as well as the updating and structuring of the functions of institutions related to the management of state-owned enterprises. 

scholarly journals The Implication of Granting Righ to Build for Commanditaire Vennootschap (CV) based on Circular Letter of the Ministry of Agrarian Affairs and Spatial Planning / Head of National Land Agency Number2/SE-HT.02.01/VI/2019Concerning the Granting Right To Build for Commanditaire Vennootschap

2020 ◽  
Vol 7 (04) ◽  
pp. 5903-5909
Author(s):  
Mayang Bhumi Adjani ◽  
Albertus Sentot Sudarwanto
Keyword(s):  
Limited Liability ◽  
Legal Entity ◽  
Personal Property ◽  
Library Research ◽  
Circular Letter ◽  
Scientific Papers ◽  
Potential Risks ◽  
Business Entities ◽  
The Right ◽  
General Regulation

The study aimed to determine the implication and position of granting Right To Build status to the Commanditaire Venootschap based on Circular Letter 2/SE-HT.02.01/VI/2019 concerning the Granting Right To Build for Commanditaire Vennootschap (CV). In the implementation, circular letter has not been able to provide certainty and clear legal auspices regarding the CV that can apply for Right To Build (HGB). This study used a normative juridical research method, namely library research by collecting primary, secondary and tertiary legal materials such as books, legal scientific papers, other literature materials that explained the study to be discussed. Based on the result of the study, the position of the circular letter in the hierarchy of law and regulation, as well as the norms in it, the granting Right To Build for a CV was contrary to existing rules. Circular letter referred to the Basic Agrarian Law (UUPA) and Government Law (PP) No. 40/1996 is as the basis for granting the Right To Build for CV contrary to the law itself. CV cannot be compared to a legal entity. According to the author, the circular letter did not guarantee legal certainty because of the registration of the Right To Build for CV by mentioning on behalf of all allies in the CV personally (individuals), while the completeness documents in the name of CV. The implications of the circular letter can cause confusion and various potential risks. The CV cannot fulfill the elements as a legal entity, and the position of the circular letter was not in the hierarchy of statutory regulations because it was only limited to a technical guideline for a general regulation. If active and passive allies from a CV wanted to apply for land rights, it would be safer if an upgrade is made from a CV to a Limited Liability Company (PT). Additionally, it provided an opportunity for allies to be free from responsibility to personal property.  Related to the discussion of CV, it is better to have further study on the discussion of the Bill that regulates CV business entities in order to have a clear legal shade.  

scholarly journals MODERN STRUCTURE OF THE RUSSIAN AIRPORT INDUSTRY (ON THE EXAMPLE OF THE CENTRAL AND NORTH-WEST FEDERAL DISTRICTS)

2020 ◽  
pp. 112-120
Author(s):  
A. A. Titov ◽  
A. Yu. Yakovlev
Keyword(s):  
Russian Federation ◽  
Economic Activity ◽  
Limited Liability ◽  
Transport Sector ◽  
North West ◽  
Federal Districts ◽  
The Russian Federation ◽  
Business Entities ◽  
Legal Forms ◽  
Legal Entities

The existing organizational and legal forms, forms of ownership and the main types of economic activity of such subjects of economic relations in the transport sector as airports have been analysed. The airport infrastructure management in accordance with the Air Code of the Russian Federation is imposed on the operator (air operator), which is a specific legal entity. It can be of various organizational and legal form and form of ownership and also is able to carry out various types of economic activity. Airports of federal significance in the Central and North-West Federal districts have been examined in the article.. Among the legal entities under study can be distinguished such organizational and legal forms as: budgetary institution, state-owned enterprise, business companies (public, non-public joint-stock companies and limited liability companies) of the following forms of ownership: private, mixed and state (federal and owned by the constituent entities of the Russian Federation). The most common among organizational and legal entities are business entities in the form of a non-public joint-stock company and limited liability company. Among the forms of ownership, the most common form is the ownership of the Russian regions. Among forms of ownership, the most common form is the ownership of the constituent entities of the Russian Federation. A significant part is accounted for by business entities with 100 % of their participation.

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 A CRITICAL EXAMINATION TOWARDS THE ISLAMIC DISCOURSE ON “LIMITED LIABILITY”

2020 ◽  
Vol 11 ◽  
pp. 1-36
Author(s):  
Siti Kholifatul Rizkiah ◽  
Fajri Matahati Muhammadin
Keyword(s):  
Global Economy ◽  
Research Method ◽  
Islamic Law ◽  
Limited Liability ◽  
Status Quo ◽  
Critical Examination ◽  
Legal Entity ◽  
The World ◽  
The Status ◽  
Core Issues

The concept of limited liability has been a very important component of the development of the global economy. However, while limited liability is currently a reality all over the world including in the Islamic nations, it is not without discourse among the Muslim jurists. The debate mainly revolves around two core issues. The first issue is the concern of some jurists that the only acknowledged legal entity in Islamic law are natural persons, and that legal persons (like limited liability corporations) are ‘fictitious’. The second issue is concerning how the owners of the limited liability companies have rights to residual profits of the company, but do not bear the liability towards the debt when insolvency occurs. Some jurists are concerned because the Shari‘ah dictates that paying debts is a very serious matter. Using a literature research method, this article will critically examine the debate between the jurists especially in the two issues mentioned earlier and determine which argument is stronger. It is found that, in the end, establishing a legal entity other than natural persons as well as barring company owners from debt liability are very hard to justify under the Shari‘ah. However, given the status-quo construct of global economics, not utilizing limited liabilities may cause devastating economic repercussions. Therefore, a new model of corporation might need to be researched and explored in order to suit the necessities of the economy as well as being consistent with the Shari‘ah.  

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