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 Notary Role In The Bonding Object To The Settlement Of Liability Rights In Banking Credit Loss (Case Study In Semarang)

Jurnal Akta ◽  
2020 ◽  
Vol 6 (4) ◽  
pp. 777
Author(s):  
Arya Fathurahman ◽  
Amin Purnawan ◽  
Setyawati Setyawati
Keyword(s):  
Data Analysis ◽  
Third Parties ◽  
Legal Research ◽  
Binding Process ◽  
Banking Credit ◽  
The City ◽  
Bad Debt ◽  
Legal Consequences

The purpose of this study was to: 1) To Assess and analyze the role of the Notary in binding Collateral Object Encumbrance against Settlement Bad Debt in the city, 2) to Review and Analyze Effects, Barriers and Solutions in fastening places Encumbrance if not done before Notary , The method used in this study using a normative legal research legal research conducted by reviewing the materials are derived from legislation and other materials from a variety of literature.Based on the results of data analysis concluded that: 1) the importance of the role of the Notary that leads to Article 15 (1) UUHT determine that importance a strand Attorney Imposing Mortgage (SKMHT) shall be made by notarial deed or deed of PPAT. 2) The legal consequences for binding Binding Objects Encumbrance if not done in the presence of a Notary (1) agreements that do lose their authenticity as stated in Article 16 paragraph (8) UUJN, (2) the lender does not get a position that takes precedence (droit de preference), (3) in the event of default, the guarantee can not be directly executed, (4) proof of the deed made does not apply to third parties, so that the settlement be reached only through a settlement amicably, (5) affects the motivation of members financing to meet with a good performance. As for barriers and solutions if agreement encumbrance not done before Notary can be divided into three, namely: (1) prior to binding, associated with the filing requirements of the binding as of the identity of the parties, the object of the guarantee, and is authorized to act by the parties, (2) binding collateral, related to the change in attitude of the debtor and the binding process at the local BPN (3) after the binding, associated with the increase of SKMHT be APHT and roya against collateral.Keywords: Role of the Notary; Binding Objects Mortgage; Bad Debt.

scholarly journals TANGGUNG JAWAB HUKUM BADAN USAHA PELABUHAN TERHADAP KLAIM ATAS KELALAIAN PELAYANAN JASA BONGKAR MUAT BARANG KEPADA EKSPEDITUR

2020 ◽  
Vol 4 (4) ◽  
Author(s):  
Muhammad Rafiq Abdillah Duyo
Keyword(s):  
Qualitative Methods ◽  
Research Result ◽  
Secondary Data ◽  
Primary Data ◽  
Legal Research ◽  
Library Research ◽  
Litigation Process ◽  
Legal Consequences

This research is aimed to analyse legal consequences of port enterprise regarding claim over negligence in loading and uploading services to expeditor to investigate how the responsibility is performed by PT. Pelabuhan Indonesia IV regarding the claim over negligence in loading and uploading services to the expeditor and what measures are taken by the port enterprise to settle the dispute. This is an empirical legal research that employed socio-juridical approach. Primary data was obtained by conducting interviews and observation, while the secondary data from library research that relevantly supports the issue observed. All those types of data will be analysed with descriptive and qualitative methods. The research result reveals that the implementation of the responsibility of PT. Pelabuhan Indonesia IV is restricted by law. As implied in Article 468 Paragraph (2), if the port enterprise could provide proof of being not guilty, in which the goods are damaged when shipped or forwarding, this damage is not the responsibility of PT. Pelabuhan Indonesia IV. The claim can be responded through non-litigation process in which negotiation may take place between two involved parties.

The responsibility of a limited liability company with authorized fictitious capital: Evidence from the emerging market

2021 ◽  
Vol 3 (1) ◽  
pp. 43-52
Author(s):  
Yalid Yalid ◽  
Ryan Aditama ◽  
Sindi Sindi ◽  
Husni Tamrin ◽  
Iswandi Iswandi
Keyword(s):  
Emerging Market ◽  
Limited Liability ◽  
Empirical Approach ◽  
Limited Liability Company ◽  
Legal Research ◽  
Legal Entity ◽  
Fictitious Capital ◽  
Legal Consequences ◽  
Capital Payment ◽  
Authorized Capital

The phenomenon of law related to the capital subscribed and fully paid up company is limited liability companies in Indonesia, many of which are not real. The aim of this research is to answer the question: "What is the legality and legal consequences of an establishment with a fictitious authorized capital?". The research was conducted via the study of literature with this type of normative legal research supported by an empirical approach. The results of the research contribute to knowledge that the responsibility of a limited liability company with a capital payment basis is fictitious when the establishment does not essentially meet the validity of the establishment of the limited liability company itself, whether based on terms “materially” or “formally”. The terms formilnya (“formally”) depositing of the authorized capital must be issued and paid-up in full. Although the capital is fictitious or not real, if it has been approved by a legal entity, then it remains as a legitimate legal entity, but the substance of it is a limited liability company. Depositing the authorized capital which is not real contradicts the nature of the limited liability company as a legal entity

scholarly journals Notary Responsibility to the Delay in Registration of Limited Liability Companies in Legal Entity Administration System (SABH) Ministry of Law and Human Rights In Accordance with Law Number 40 year 2007 concerning Limited Liability Companies

Jurnal Akta ◽  
2018 ◽  
Vol 5 (3) ◽  
pp. 729
Author(s):  
Meta Budiani ◽  
Amin Purnawan
Keyword(s):  
Human Rights ◽  
Data Analysis ◽  
Limited Liability ◽  
Limited Liability Company ◽  
Analysis Method ◽  
System Delay ◽  
Legal Entity ◽  
Administration System ◽  
Limited Company ◽  
Analytical Research

Limited Liability Company is an alliance of several people to conduct a business whose capital comes from shares owned by the members. Limited Liability Company in the current era is very much needed as the economic development. The method used was an empirical juridical method with descriptive analytical research specifications, while the data analysis method used was qualitative analysis. Based on the results of the research and discussion, it can be concluded that the delay in the registration of the establishment of a Limited Liability Company in the Legal Entity Administration System (SABH) of the Ministry of Law and Human Rights can be overcome by using the Confirmation deed on the previous deed of establishment. The delay in the registration of the establishment of a Limited Liability Company may be due to the delay in the process of making the Company's NPWP by its own Limited Company, or for other reasons which result in the date of registration cannot be registered with SABH and the previously purchased voucher has expired. Regarding the use of the affirmation deed, because of the previous deed of establishment had become an official and included in the notary protocol, the existence cannot be withdrawn. To avoid delays in registration, the notary should conduct socialization to clients who will carry out the process of establishing a Limited Liability Company.Keywords: Limited Liability Company; Legal Entity Administration System; Delay

scholarly journals Judge's Role in Court to Eradicate Corruption According to Law Number 20 in 2001 (Study of Decision 16/PID.SUS.K/2011/PN.MDN)

2020 ◽  
Vol 3 (2) ◽  
pp. 1280-1288
Author(s):  
Rizkan Zulyadi
Keyword(s):  
Data Analysis ◽  
Data Collection ◽  
Secondary Data ◽  
Electronic Media ◽  
District Court ◽  
The Internet ◽  
Legal Research ◽  
Research Techniques ◽  
Library Research

The main issues in this paper are as follows judge's role in court to eradicate corruption according to law number 20 in 2001 (Study of Decision 16/PID.SUS.K/2011/PN.MDN). This type of research is normative or normative juridical or library legal research which can be interpreted as legal research by examining library materials and secondary materials.The nature of this study is descriptive analytical.This research will be carried out by the researcher is Medan Disrict Court, having his address at Court Road No. 8 Medan Medan City, North Sumatera Province This research will be carried out by researchers starting in December 2018 until completion Data collection techniques are used in writing this essay are through library research techniques and also through the help of electronic media, namely the internet, and the method of data analysis conducted by the author is to use a normative legal approach that examines secondary data. The result shows that the role of the judge in an effort to eradicate corruption cases in the Medan District Court contained in the Decision Study 16/PID.SUS.K/2011/PN.MDN, namely to prosecute the process of corruption cases and impose corruption penalties with imprisonment during 2 (two) years 6 (six) months and a fine of Rp. 50,000,000 (fifty million rupiahs), provided that the fine is not paid, it must be replaced with imprisonment for 2 (two) months.

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.

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 ANALISIS PERBANDINGAN 4 MAZHAB TENTANG PERNIKAHAN DALAM ISLAM

2019 ◽  
Vol 6 (1) ◽  
pp. 14
Author(s):  
Umi Hani
Keyword(s):  
Qualitative Research ◽  
Data Analysis ◽  
Analysis Method ◽  
Legal Research ◽  
Commercial Property ◽  
Research Activities ◽  
Library Research ◽  
The Right ◽  
Islamic View

This study aims to analyze: 1) the Islamic view of the  marriages, 2) a comparison of 4 schools about the marriages of marriage in Islam. Type of juridical-normative research or doctrinal legal research. Library research, namely research activities carried out by collecting and tracing data and processing (books, literature and library materials) related to the topic of discussion. The type of research is qualitative research which is a particular tradition in social science that is fundamentally dependent on humans in its own region and relates to these people in its discussion and in its terminology. Material of the Law of the Qur'an, hadith, and the opinion of the school of Iman Syafii, Hanafi Faith, Maliki Imam, Hambali Faith. The data analysis method used in this research is analytical descriptive method.The results of the study explain that dowry may be in the form of money, jewelry, household furniture, animals, services, commercial property or other objects that have a price. or a sack of wheat. If it is not known from various aspects that allow determination of the amount of dowry, then according to all schools except Maliki, the contract remains valid, but the dowry is null. While Maliki believes that the contract is invalid and in fact before mixing at the campuri, the contract is declared valid by using mahar mitsli. Maliki said that if the contract had not been mixed it was invalid. But if there had been a mixture then the contract was declared valid and the wife had the right to mitsli mahr. Meanwhile, Syafi'i, Hanafi and Hambali argue that, the contract remains valid, and the wife has the right to mitsli mahr.

scholarly journals Perlindungan Hukum Terhadap Penetapan Status Covid-19 Pada Pasien Penyakit Umum Oleh Rumah Sakit Di Kota Medan

2021 ◽  
Vol 20 (2) ◽  
pp. 127-135
Author(s):  
Dewi Ervina Suryani
Keyword(s):  
Legal Protection ◽  
Secondary Data ◽  
Research Data ◽  
Hospital Personnel ◽  
Legal Research ◽  
Library Research ◽  
The Status ◽  
The Government ◽  
Materials Used

The government poured out the budget of trillions as a form of seriousness in handling the coronavirus outbreak which began to spread in Indonesia in the early of 2020. The amount of subsidized funds for the care of covid-19 patients provided by the government to hospitals is used by rogue hospital personnel to reap huge profits by convicting patients who are suffering from other diseases so that they have the status of covid-19 patients (not covid-19, sentenced to covid-19). This research is a type of normative legal research which is conducted by examining the library materials or secondary data. The secondary data in the form of primary legal materials, secondary legal materials, and tertiary legal materials used in this study were obtained through books, government publications, internal organizational records, reports, journals, and various sites related to coronavirus. The secondary data obtained are then processed by using library research data collection techniques (library research). The study is then analyzed qualitatively through the descriptive analytical method, so that a general conclusion is obtained about the coronavirus. The results showed that the form of legal protection against the determination of Covid-19 status in patients with general illnesses by hospitals in Medan was in the form of compensation. This refers to the Law Number 8 of 1999 concerning Consumer Protection and Law Number 36 of 2009 concerning Health. Keywords: Legal Protection, Covid-19 

scholarly journals Legal Politics For The Establishment Of Yogyakarta Regional Regulation Number 2 Year 2017 Regarding No-Smoking Area Siyasah Dusturiyyah Perspective

2021 ◽  
pp. 1-14
Author(s):  
Aris Darmawan Al Habib
Keyword(s):  
Data Analysis ◽  
Data Collection ◽  
City Government ◽  
Legal Certainty ◽  
Analysis Method ◽  
Legal Research ◽  
Library Research ◽  
Pros And Cons ◽  
Political Configuration ◽  
Yogyakarta City

This research is normative legal research with a statutory approach which aims to analyze and describe the legal politics of the formation of the Yogyakarta City Regional Regulation Number 2 of 2017 concerning the Siyāsah dusturiyyah perspective on smoke-free areas. The type of data used in this study is material law consisting of primary, secondary, and tertiary legal materials. The data analysis method used is descriptive-analytic, and data collection uses library research. This study shows that first, the establishment of the Yogyakarta City Regional Regulation Number 2 of 2017 concerning Non-Smoking Areas is coloured by the democratic political configuration by the pros and cons of the Yogyakarta City government. Second, the Yogyakarta City Regional Regulation Number 2 of 2017 concerning Non-Smoking Areas substantially follows the principle of siyāsah dusturiyyah, reflecting the value of justice and legal certainty.

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