scholarly journals The Validity of the Electronic Signature in Electronic General Meeting of Shareholders S of the Limited Company’s

2021 ◽  
Vol 23 (2) ◽  
pp. 257-273
Author(s):  
Ikhsan Lubis
Keyword(s):  
Limited Liability ◽  
General Meeting ◽  
Electronic Signature ◽  
Electronic Signatures ◽  
Legal Rules ◽  
Legal Evidence ◽  
The Status ◽  
Approach Method ◽  
The Government ◽  
Made In

The enactment of electronic signatures, especially at the General Meeting of Share-holders (GMS) and responses to legal actions from electronic signatures in the deed of Decision of the General Meeting of Shareholders in a Limited Liability Company, will be confronted by the progress of the era and the legality of the deed. This research method is classified as normative research, the approach method is descriptive analytical. This study shows that the regulation of electronic signatures on the deed of the Statement of Shareholders' Meeting Resolutions is the development of the form of legal evidence. For this reason, the form of evidence is made in the form of electronic information or electronic documents. The effect of the signing if it is done through electronic media, namely the result of the GMS decision has a legal impact on the status of ratification in the law. If the GMS has an electronic signature so that the legality of the legal action is recognized, the government and especially the legislators make legal rules to regulate with certainty the validity of the results of the GMS electronically, so that legal certainty is formed.

scholarly journals The Linkage of the Board of Directors and the Status of Aviation Industry Licensing Law

2017 ◽  
Vol 3 (1) ◽  
pp. 1
Author(s):  
LESTARI NINGRUM
Keyword(s):  
Legal Status ◽  
Limited Liability ◽  
Third Party ◽  
Aviation Industry ◽  
Limited Liability Company ◽  
Basic Capital ◽  
The Status ◽  
Business Entities ◽  
Capital Intensive ◽  
Made In

Aviation business is a capital intensive and high risk in terms of safety. Legislation in force in Indonesia requires enterprises should cost in the form of a limited liability company that is obliged to deposit the basic capital of 500 billion rupiah. The capital cannot be made in working capital which is useful for the collateral to a third party. The regulations for a limited liability company are to be established by at least 2 people. The purpose of this research is to analyze the linkage of the board directors and the status of aviation industry licensing law. The position of the legal status of business entities where shareholder is only one person is to be studied in this descriptive study. The result shows that the airlines company should provide the capital risk and high insurance of the third party. UUPT also has given the authority of the shareholders (who owns 20 % of the share) to be decision makers in the company. However, without independent surveillance, it is possible that the shareholders do some mistakes in making decisions. Some mistakes are related to the policy, the using of authorized capital, and others. Aviation business is a capital intensive and high risk in terms of safety. Legislation in force in Indonesia requires enterprises should cost in the form of a limited liability company that is obliged to deposit the basic capital of 500 billion rupiah. The capital cannot be made in working capital which is useful for the collateral to a third party. The regulations for a limited liability company are to be established by at least 2 people. The position of the legal status of business entities where shareholder is only one person is to be studied in this descriptive study.

Mediation as a Final Settlement in Bankruptcy Disputes

2020 ◽  
Vol 8 (4) ◽  
pp. 1456-1462
Keyword(s):  
Civil Rights ◽  
Civil Code ◽  
Research Approach ◽  
Peace Agreement ◽  
Legal Principles ◽  
Legal Rules ◽  
The Government ◽  
The Right ◽  
Final Settlement ◽  
Made In

This study seeks to examine the concept of final mediation in the settlement of bankruptcy disputes as a form of alternative dispute resolution which has been opted by the disputing parties outside of court. The study used a normative legal research approach by investigating legal rules, legal principles, and legal doctrines to answer the legal problems faced. The results of the study show that the mediation is only a voluntary option as the Supreme Court’s Decree on Bankruptcy does not require any mediation in the settlement. It will be argued that the process of mediation is cheaper, faster, and simpler than the settlement process through the court. The implementation of mediation as a final settlement in bankruptcy disputes is a form of a person's civil rights that must be respected and upheld high as a form of agreement and contract made in accordance with Article 1320 in conjunction with Article 1338 of the Civil Code. The principle is an embodiment of the philosophy of natural law stipulating that rationally human being is given the right to freedom to perform acts. The final mediation for the settlement of bankruptcy disputes should be based on a peace agreement made by both creditors and debtors in good faith with reference to articles 1851, 1858 of the Civil Code and article 1338 in conjunction with article 1320 of the Civil Code. Thus, the study suggests that it is necessary to establish a national private mediation institution by the government or by the competent authorities.

scholarly journals ANALISIS PENGARUH INSENTIF TERHADAP PENINGKATAN PRESTASI KERJA KARYAWAN PADA PT. BANK RIAU CABANG PEMBANTU PERAWANG

2021 ◽  
Vol 3 (2) ◽  
pp. 144-149
Author(s):  
Imran Imran
Keyword(s):  
Regional Development ◽  
Work Performance ◽  
Human Resources Management ◽  
Research Result ◽  
Limited Liability ◽  
Sampling Technique ◽  
Development Bank ◽  
The Status ◽  
The Government ◽  
Regional Development Bank

Pt. Bank Riau is a continuation of the business activities of PT. BAPERI (PT. Riau Regional Development Bank) which was established based on the Notary Deed of Syawal Sultan No. 1 dated August 2, 1961, and the permission of the Minister of Finance of the Republic of Indonesia.No. BUM 9-4-45 dated August 12, 1961. Furthermore, with the Decree of the Governor of KDH. TK.I Riau No. 51/IV/1966 April 1, 1966, it was stated that all activities of PT. BAPERI was merged into the Riau Regional Development Bank in accordance with Law Number 13 of 1962, officially the activities of the Riau Regional Development Bank began with the status as a Bank Owned by the Government of the Riau Province. Various changes and developments in the Bank's activities, and since 1975 the status of the establishment of the Riau Regional Development Bank, Decree of the Deputy Governor of Bank Indonesia No. 5/30 / KEP.DGS / 2003 dated 22 July 2003, the legal entity status of the Riau Regional Development Bank changed from a Regional Company (PD) Regional Development Bank of Riau to a Limited Liability Company (PT). Bank Pembangunan Daerah Riau was abbreviated as PT. Bank Riau as of August 1, 2003. This research aims to Analyze the Influence of the Incentive Factor on improving the work performance of employees at PT. Bank Riau, Perawang Sub-Branch. The number of research samples are all All employees of PT. Bank Riau, Perawang Sub-Branch, as many as 60 with the sampling method saturated sampling technique or census. Saturated sampling or census is a sampling technique when all members of the population are used as samples.Meanwhile, the leadership is used as the key information in this study. Research result shows The influence of incentives on increasing work performance having a significant influence and positive means that there is a strong positive relationship between incentives and increased work performance of employees of PT. Bank Riau Perawang Sub-Branch, through regression model, the incentive variables and the indicators in the study, are able to contribute to an increase in work performance by 88.36%, and the remaining 11.64% is influenced by other factors who were not examined in this study. Keywords : Human Resources Management, Incentif, Work Performance.

scholarly journals Analysis of Validity Decisions General Meeting of Shareholders Limited Liability Company in Circulation

2018 ◽  
Vol 5 (2) ◽  
pp. 356
Author(s):  
Nanang Nurcahyo ◽  
Yudho Taruno M
Keyword(s):  
Limited Liability ◽  
General Meeting ◽  
Public Official ◽  
Limited Liability Company ◽  
Legal Validity ◽  
Applicable Law ◽  
Share Ownership ◽  
Limited Company ◽  
Made In

The General Meeting of Shareholders (AGM) held by the company is an important organ in taking various policies in the company. The GMS in practice is set forth in an authentic deed made before a notary and or made in minutes of meetings in the form of a deed under the hand, and then the deed is set forth in the form of an authentic deed and this practice is known as the deed of the decision of the meeting. In this context, the responsibility of a notary in making the deed of declaration of decision of general meeting of shareholders of circular limited company should be studied further, since a Notary is a public official who has authority to make authentic deed of all acts, agreements and stipulations ordered by general regulations or requested by the parties making the deed. Notary as a public official in every execution of his duties should not be out of the "signs" that have been regulated by the applicable law. Based on the results of research can be concluded that the making of Deed of Shareholders General Meeting of Shareholders which made in circulation has been regulated in Law Number 40 Year 2007 and has been allowed, so have legal validity and strength. However, in the verdict the judge has overturned the ruling of the general meeting which was made in circulation regarding the transfer of ownership of the shares, because the judge considered that in making the decision there is one element that has not been completed, namely the signature of several parties. With the cancellation of the decision, it will affect the return of share ownership from the defendant to be returned to the party, and this also affects the notary who participated in making the deed of decision of the general meeting that the notary is required to obey and comply with the stipulated decision.

The managers’ decisions submitted to the approval of the general meeting: Review of Turkish Commercial Code regulations

2021 ◽  
Vol 3 (1) ◽  
pp. 8-16
Author(s):  
Işik Özer
Keyword(s):  
Decision Making ◽  
Limited Liability ◽  
General Meeting ◽  
Decision Making Process ◽  
Commercial Code ◽  
Turkish Commercial Code ◽  
Additional Costs ◽  
The Right ◽  
Made In

Article 625/2 of the Turkish Commercial Code (TCC), adapted from the Swiss Code of Obligations (Obligationenrecht 811, hereinafter referred as OR 811), allows managers to submit certain decisions and individual matters to the approval of the general meeting. This paper purports to reveal how this article could be interpreted and the regulations to be made in the agreements of limited liability companies in Turkish law. To do that, an interpretation of article 625/2 of TCC is developed. In addition, the effect of this article on the liability of the managers and the references made to articles 51 and 52 of the Turkish Code of Obligations (TCO) are explained. With a regulation added in the agreement of the company, the managers would either be required to submit or they would be free to choose to submit certain decisions and individual matters to the approval of the general meeting. Considering that the submission slows down the decision-making process and causes additional costs, granting the managers the right to choose becomes an important issue. However, the approval of the general meeting does not remove the liability of the managers. So when a lawsuit for liability is filed against managers, the approval of the general meeting may decrease the payment for compensation (articles 51 and 52 of TCO)

PRACTICE OF USING AN ELECTRONIC DIGITAL SIGNATURE IN BUSINESS ACTIVITIES

2020 ◽  
pp. 28-35
Author(s):  
Maria Darkina ◽  
Keyword(s):  
Digital Signature ◽  
Technical Information ◽  
Electronic Signature ◽  
Electronic Documents ◽  
Electronic Signatures ◽  
The Status ◽  
The Russian Federation ◽  
Graphic Image ◽  
Handwritten Signature

The article deals with the problems of the practice of obtaining changes and using an electronic signature (EP) by entrepreneurs in their activities, specifies the normative legal acts regulating the procedure for obtaining an electronic signature by relevant persons and submitting the necessary documents to the certification centers for obtaining it, specifies the types of EP — simple and enhanced, the procedure for using a simple unqualified and enhanced qualified signature. The concept of an electronic signature is defined in accordance with the law. The information contained in the item instance is described: the signature of the person who signed the document, the date and time of signing, its authority and relation to the data being signed, technical information, information for additional signature verification mechanisms, comments, files, a graphic image of the handwritten signature, and other functionally required data. The practice of judicial authorities is analyzed and certain problems of application and use of electronic signatures by legal entities and individuals are identified. We consider the authorities that issue qualified and unqualified certificates of electronic signatures on the territory of the Russian Federation, as well as the procedure for producing certificates for EP keys and their validity period. The reasons for the production of an item instance by certification centers (registration centers) and the package of required documents, depending on the status of the applicant, are set out. The role of trading platforms is indicated. The article considers the need to systematize legislative acts, develop a universal digital signature, and create terminals for sending electronic documents to regulatory authorities.

scholarly journals Analysis of the Urban Forest Status in Bandar Lampung City

2019 ◽  
Vol 7 (2) ◽  
pp. 235
Author(s):  
Agung Permada Yusuf ◽  
Arief Darmawan ◽  
Dian Iswandaru
Keyword(s):  
Open Space ◽  
Urban Forest ◽  
Urban Forests ◽  
City Government ◽  
Forest Ownership ◽  
The Status ◽  
The Government ◽  
The City ◽  
Forest Status ◽  
Made In

Urban forest is one form of green open space. Urban forests play an important role in maintaining the sustainability of ecological functions in a city. This role could only run optimally with the availability of urban forests. The purpose of this study is to analyze the status of land ownership and analyze the efforts that can be made in maintaining urban forests. This study used image analysis, interviews, and field observations. From the results of this study, the status of urban forests based on the Mayor of Bandar Lampung Decree in 2010 had different statuses at each location. The urban forest ownership does not exclusively belong to the government. Of the 5 locations, only 1 location owned by the Bandar Lampung City Government, with 1 location that is not recognized (problematic), 1 location did not have a certificate of rights yet, and 2 other locations were private locations. The best effort that could be made to maintain the existence of urban forests is to control urban forest land as ownership in the name of the City Government with the support of certain regulations that can be done. Keywords: land status, urban forest, Lampung

scholarly journals Tanda Tangan Elektronik dalam Akta Pernyataan Keputusan Rapat Umum Pemegang Saham Perseroan Terbatas

2020 ◽  
Vol 1 (1) ◽  
pp. 148-153
Author(s):  
Ni Kadek Sofia Arianti ◽  
I Nyoman Putu Budiartha ◽  
Desak Gde Dwi Arini
Keyword(s):  
Limited Liability ◽  
General Meeting ◽  
Electronic Media ◽  
Research Approach ◽  
Limited Liability Company ◽  
Electronic Information ◽  
Electronic Documents ◽  
Electronic Signatures ◽  
Procedural Law

This research is motivated by the development of technology playing an important role in the establishment of companies in various regions in the territory of the archipelago, namely the Republic of Indonesia, one of which is a Limited Liability Company. This study aims to determine the arrangement of electronic signatures in the General Meeting of Shareholders of Limited Liability Companies and to find out the legal consequences of the signatures conducted electronically in the deed of decree of the General Meeting of Shareholders of Limited Liability Companies. The method used in this research is the normative research approach is legislation. Then, the data that has been analyzed are presented in an informal form, through the words described in paragraphs. The results of this study address that the regulation of electronic signatures in the deed of the decision of the decision of the general meeting of shareholders of the Limited Liability Company through tracing and transformation according to structured translation by reasoning based on logic that electronic information or electronic documents and / or printouts can be used as evidence legal law, which is also an expansion of legal legal evidence based on the provisions of article 11 jo. Article 5 of the Law. Therefore, the evidence according to the procedural law above made in the form of electronic information or electronic documents, is valid evidence under the Electronic Information and Transaction Law, so that all electronic transactions that utilize electronic media produce electronic signatures that are loaded on the deed of determination of the results of the GMS decision, the Limited Liability Company can be considered as a deed. Then, due to the legal signature that was carried out through electronic media the outcome of the determination of the GMS had a legal impact on the legalization status of the deed which according to the relevant Act was declared valid insofar as the deed was seen as a deed under the hand.

Gender in Israel

2019 ◽  
Author(s):  
Reut Itzkovitch-Malka
Keyword(s):  
Gender Equality ◽  
Gender Inequality ◽  
Political System ◽  
Gender Mainstreaming ◽  
The Political ◽  
The Status ◽  
Substantial Progress ◽  
The Government ◽  
Status Of Women ◽  
Made In

This chapter traces, identifies, and characterizes the main features of the gender division in Israeli society and politics. It addresses questions relevant to the status of women, as well as the LGBTQ community, and assesses the magnitude of gender inequality in the various societal, cultural, and political arenas. While substantial progress has been made in improving the status of women in Israel, there is still a long road ahead before Israel can achieve true gender equality. In order for such equality to become a reality, genuine change is in order: a focus on the substantive outputs of the Knesset and the government; an emphasis on gender mainstreaming practices; and widespread feminist activity in formal politics, meant to inject critical feminist views into the political system and alter existing gender relations.

scholarly journals Perlindungan Hukum Nasabah terhadap Kerugian Akibat Pengalihan Asset Berdasarkan Prinsip Penyingkapan Tabir Perseroan ((Piercing The Corporate Veil) dalam kaitannya dengan Pertanggung Jawaban Komisaris ( Studi PT. Bank Century.,Tbk)

2015 ◽  
Vol 2 (1) ◽  
Author(s):  
Gios Adhyaksa
Keyword(s):  
Private Property ◽  
Limited Liability ◽  
Secondary Data ◽  
Company Limited ◽  
Self Interest ◽  
Piercing The Corporate Veil ◽  
The Law ◽  
The Government ◽  
Principle Of Legality ◽  
Made In

Against a Limited Company in Banking in accordance with the form of business entity and legal entity that is the Law No.. 40 of 2007 on Limited Liability Company and the Law No.. 10 of 1998 concerning Banking can be used as a basis for assessing the application of the principle of legality Piercing The Corporate Veil in the case of PT. Bank Century Tbk. and organs Piercing The Corporate Veil aims for the creation of wealth and prosperity not only for organ (direksi, shareholders, and the commissioner) of the company, but also for all stakeholders (customers, investors, creditors, employees). After reviewing the case of PT. Bank Century Tbk is known that there are some legal issues that occurred and resulted in the company and stakeholders at a disadvantage, in which the organ PT. Bank Century Tbk together misusing authority and take advantage of banks to personal self-interest. The problems that can be identified are as follows: How does the function and position of commissioner of PT Bank Century Tbk in order to protect customer funds users, the commissioners responsibility for customer losses by shifting assets on the basis of the company's attitude veil (piercing the corporate veil), the effort commissioners should be done along with other directors to deal with customer losses caused by the transfer of assets. Results of research that has been done shows that PT. Bank Century Tbk proven to have committed an unlawful act of the early establishment of PT. Bank Century Tbk. Efforts should be made in the application of the responsibility to the stakeholders, namely with the implementation of the principle of piercing the corporate veil. The principle of piercing the corporate veil is one of the efforts of the Government to provide justice to the stakeholders, which saw the implementation of the responsibility of the company personally organ came to abolish private property with limited liability of the organ (limited liability). This is a descriptive analytical study aimed to obtain a thorough and systematic application of the principle of piercing the corporate veil of PT Bank Century Tbk associated with the statutory provisions. The method used is normative, the research focuses on the study of literature in the form of secondary data to determine how the application of the principle of piercing the corporate veil in PT. Bank Century Tbk.Keywords : Piercing The Corporate Veil, Bank, Company Limited.

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