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.

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.

LEGAL CHALLENGES OF ADOPTING AGE-VERIFICATION TECHNIQUES FOR THE PROTECTION OF MINORS ON THE INTERNET IN MALAYSIA

2020 ◽  
Vol 5 (20) ◽  
pp. 80-86
Author(s):  
Manique Cooray
Keyword(s):  
Limited Liability ◽  
Secondary Data ◽  
Company Law ◽  
Legal Challenges ◽  
Piercing The Corporate Veil ◽  
The Law ◽  
Age Verification ◽  
Verification Techniques ◽  
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 Ratio Decidendi, Agreement, Againts The Decision of MA No. 601K/PDT/2015 in The Case of Agreements that do not use Indonesian

2021 ◽  
Vol 21 (4) ◽  
pp. 517
Author(s):  
Jeremy Emmanuel Purba
Keyword(s):  
Research Method ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Literature Study ◽  
Ratio Decidendi ◽  
The Law ◽  
The Government ◽  
Made In ◽  
Laws And Regulations

The Supreme Court’s decision in the case of an agreement between investors who enter into an agreement using English is contrary to the agreement of the parties. Changes to the agreement may be detrimental to investors in Indonesia, who must amend the agreement previously made in English. The research method based on the data needed in this research is secondary data obtained through literature study in the form of laws and descriptive analysis, namely analyzing the laws and regulations. The loan agreement between PT. BKP and Nine AM, Ltd. should not be null and void. The judge’s interpretation of a lawful cause is wrong because a lawful cause refers the contents of the loan agreement. The government should be firm in determining a sanction if there is a violation of the law. This is intended so that judges are not wrong in applying regulations so that they do not produce decisions that can harmcertain parties.

Electronic Surveillance for the Public Good

2007 ◽  
pp. 100-113
Author(s):  
Liz Lee-Kelley ◽  
Ailsa Kolsaker
Keyword(s):  
Public Good ◽  
Central Government ◽  
Electronic Surveillance ◽  
The Public ◽  
Surveillance Technology ◽  
Self Interest ◽  
The Law ◽  
The Government ◽  
The Uk ◽  
The Relationship

The central government in the UK is determined to employ new surveillance technology to combat the threat of terrorist activities. This chapter contributes to the important debate on the relationship between citizens and the government, by discussing not whether electronic surveillance should be used, but rather, when it is acceptable to the populace. From our analysis, we conclude that a reconciliation of state-interest and self-interest is critical for the success of e-governance; as such, electronic surveillance’s mission has to be about serving the law-abiding majority and their needs, and its scope and benefits must be clearly understood by the visionaries, implementers and the citizenry.

The London ‘Insurrection’ of December 1792: Fact, Fiction, or Fantasy?

1978 ◽  
Vol 17 (2) ◽  
pp. 66-86 ◽  
Author(s):  
Clive Emsley
Keyword(s):  
Saturday Morning ◽  
House Of Lords ◽  
The Commons ◽  
The Law ◽  
Law Courts ◽  
The Government ◽  
The Times ◽  
Made In

As the likelihood of war with revolutionary France grew at the end of 1792 and beginning of 1793, the pro-government press in England reported that a serious plan for an insurrection, scheduled for the first weekend in December 1792, had been nipped in the bud by the authorities. On December 3 The Times stated that, as it had not wished to create alarm, it had not previously mentioned the full facts of the seditious attempts being made in the country. These attempts, the newspaper maintained, had prompted almost daily meetings of the Cabinet climaxing in a meeting at Lord Grenville's house which had lasted until one a.m. on the preceding Saturday morning (December 1). It was from this meeting that the Cabinet had issued the royal proclamation which embodied part of the militia and which deplored the ineffectiveness of the May 1792 proclamation against seditious meetings and writings. Three weeks later, beneath the headline “Revolution Plans,” the World reported that two parties were involved in the projected insurrection: the “moderates” who sought first the destruction of the House of Lords, the Herald's Office, and the Horse Guards, and then the enlarging of the Commons; and those whose plans were “more extensive” and who would have gone on to destroy St. James's Palace, the Bank, the law courts, the prisons, the customs house, and excise office. A month later, under the headline “Project of an Insurrection,” the London Chronicle gave similar details of a plot “to overturn the government and the constitution of this country.”

scholarly journals DAMPAK MEA TERHADAP INVESTASI, EKSPOR-IMPOR DAN PENGGUNAAN TENAGA KERJA INDONESIA

2019 ◽  
Vol 2 (2) ◽  
Author(s):  
Nur Khasanah ◽  
Prihartini Budi Astuti ◽  
Ika Neni Kristanti
Keyword(s):  
Economic Integration ◽  
Secondary Data ◽  
Economic Community ◽  
Foreign Investors ◽  
Before And After ◽  
The Government ◽  
Asean Economic Community ◽  
The Impact ◽  
Sample Pair ◽  
Made In

This research attempts to analyze the effects of the economic integration of the ASEAN Economic Community (AEC) which was implemented since 2015. The impact analyzed is focused on investments made in Indonesia, both investments made by foreign investors and domestic investors. Another thing that was also highlighted in this study was the flow of exports and imports. This was also investigated because one of the policies contained in the agreement of the ASEAN economic community was the elimination of international trade barriers. In addition to the two things above, researchers also analyzed the influence of the ASEAN economic community on the use oflabor in Indonesia. The data analyzed in this study are secondary data obtained from the relevant agencies. The method used in this study is a different sample pair test. This method is used because the research conducted is comparing the conditions of investment, export-import and use of labor in Indonesia before and after the economic integration of the ASEAN Economic Community. At the end of this study, researchers will provide recommendations to the government regarding what should be done by the government to optimize investment activities, exports and use of local labor in Indonesia.

scholarly journals PENGATURAN TINDAK PIDANA DALAM UNDANG-UNDANG NOMOR 32 TAHUN 2009 TENTANG PERLINDUNGAN DAN PENGELOLAAN LINGKUNGAN HIDUP (Tinjauan Fiqh Al- Bi’ah)

2017 ◽  
Vol 6 (2) ◽  
pp. 173
Author(s):  
Muhammad Ridwansyah
Keyword(s):  
Environmental Protection ◽  
Research Method ◽  
Environmental Governance ◽  
Environmental Law ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Legal Norms ◽  
Criminal Sanctions ◽  
The Law ◽  
The Government

The setting of environmental law in Indonesia has started to improve since the Law Number 32 of 2009 on Environmental Protection and Management contains criminal act for every person who violates the provisions. It is stated in Article 98, 99, 100. This research method is a library or literature research which is conducted to gather secondary data in the field of environmental law and fiqh al-bi’ah. This research is normative law research while the nature of this research is descriptive analysis. It aimed to give a systematic illustration on legal norms that was found in law number 32 of 2009 and environmental fiqh accurately and the criminal sanctions review used in both arrangements. In this study there were two questions first, how is the arrangement of criminal act in Law No. 32 of 2009 on Environmental Protection Management. The second is whether the concept of fiqh al bi’ah is in line with Law No. 32 of 2009 on Environmental Protection Management. The result from this study is that the criminal act contained in the Law No. 32 of 2009 on Environmental Protection Management has not been enough to trap the environmental destroyer so that the government is expected to revise the unsuitable articles. Furthermore, the result of this research shows the similarity concept between fiqh al bi’ah and environmental governance in Indonesia. The concept offered by fiqh al bi’ah is a part of maqashidul syari’ah where Islam strongly recommended to maintain the environment. Keywords: environment, Fiqh Al-Bi’ah, Maqashidul Syari’ah

scholarly journals REFORMULASI DISKRESI DALAM PENATAAN HUKUM ADMINISTRASI

2012 ◽  
Vol 1 (1) ◽  
pp. 93
Author(s):  
Arfan Faiz Muhlizi
Keyword(s):  
Administrative Law ◽  
Legal Order ◽  
Legal Issues ◽  
Government Administration ◽  
State Administration ◽  
The Law ◽  
The Government ◽  
Principle Of Legality

<p>Instrumen hukum paling klasik untuk melaksanakan penyelenggaraan pemerintahan guna mewujudkan masyarakat yang adil dan makmur adalah Hukum Administrasi Negara (HAN). Untuk mencapai tujuan penyelenggaraan pemerintahan tersebut, birokrasi menjadi alat yang efektif didalam menjalankan pengelolaan negara. Persoalan hukum dari birokrasi yang menjadi permasalahan saat ini adalah persinggungan asas legalitas ( wetmatigheid ) dan diskresi ( pouvoir discretionnaire ) pejabat negara (eksekutif). Tulisan ini berusaha menjawab permasalahan di atas dengan lebih menitikberatkan bahasan mengenai “diskresi” dalam hukum administrasi. Dengan metode yuridis normative, penelitian ini menyimpulkan bahwa diskresi memang diperlukan dalam hukum administrasi, khususnya di dalam menyelesaikan persoalan dimana peraturan perundang-undangan belum mengaturnya atau hanya mengatur secara umum. Disamping itu diskresi juga diperlukan dalam hal terdapat prosedur yang tidak dapat diselesaikan menurut administrasi yang normal. Dengan demikian penataan Hukum Administrasi menjadi sangat penting dan tentunya bukan sekedar melihat dari sisi pembentukan atau penataan peraturan perundang-undangan terkait administrasi negara, tetapi lebih jauh dari itu adalah penataan tatanan hukum yang terdiri dari struktur, substansi, dan kultur masyarakat, birokrasi, dan penegak hukum.</p><p>The most classical legal instruments to carry out government administration in order to realize a just and prosperous society is the Law of State Administration (HAN). To achieve the objectives of the government, the bureaucracy into an effective tool in the management of state run. Legal issues of bureaucracy which is the case today is the intersection of the principle of legality (wetmatigheid) and discretionary (pouvoir discretionnaire) state officials (executive). This article tries to answer the above problems with a more focused discussion on the “discretion” in administrative law. With normative juridical methods, the study concluded that discretion was necessary in administrative law, especially in solving problems in which the legislation has not been set or simply set in general. Besides, discretion is also required in case there are procedures that cannot be resolved according to the normal administration. Thus the arrangement of Administrative Law to be very important and certainly not just a look from the side of the formation or arrangement of the legislation related to state administration, but further than that is the arrangement of the legal order which consists of the structure, substance, and the culture of the society, bureaucracy, and enforcement the law.</p>

scholarly journals PENERAPAN PRINSIP BUSINESS JUDGEMENT RULE TERHADAP DIREKSI ATAS PERBUATAN MELAWAN HUKUM KARYAWAN KARENA MENETAPKAN DISKON PEMBELIAN EMAS ANTAM SECARA SEPIHAK

2021 ◽  
Vol 13 (1) ◽  
pp. 97-112
Author(s):  
Indriyani Kusumawati ◽  
Yeti Sumiyati
Keyword(s):  
Board Of Directors ◽  
Legal Protection ◽  
Limited Liability ◽  
Company Limited ◽  
The Board Of Directors ◽  
Illegal Acts ◽  
The Law

Unlawful acts cannot be separated by a violation of one's rights. This research is based on the phenomenon of directors who are penalized for unlawful acts committed by their employees. In 2021, PT Antam appealed to the court because the board of directors felt aggrieved by the judge's decision to impose damages on the directors of PT Antam. In fact, those who do illegal acts to the detriment of consumers are Eksi Anggraeni and the two employees, Misdianto and Ahmad Purwanto through the lure of discounts without the approval of the company. Limited Liability Companies Law implicitly regulates the concept of legal protection that is already known in some countries, namely the principle of Business Judgement Rule. This principle can be used by directors as a basis for legal protection to achieve justice. Therefore, the purpose of this research is to comprehend the responsibility of the board of directors for actions against employee law that stipulates discounts on the purchase of Antam gold unilaterally associated with the law of limited liability companies and review the application of the principles of Business Judgement Rule to directors who must be responsible for actions against the law of employees. The results of this study concluded that the directors of PT Antam cannot be held accountable. Furthermore, the application of the Business Judgement Rule principle has not been applied to this case, so legal protection to the board of directors is still ignored by the judge and has not shown justice.                  

scholarly journals The Administration of Corporate Social Responsibility in the District Regulation in Indonesia

2015 ◽  
Vol 5 (1) ◽  
pp. 207
Author(s):  
Mukti Fajar
Keyword(s):  
Corporate Social Responsibility ◽  
Social Responsibility ◽  
Local Governments ◽  
Research Method ◽  
Limited Liability ◽  
Regional Area ◽  
The Law ◽  
The Government ◽  
Regulation Model ◽  
Corporate Social

In Indonesia, Corporate Social Responsibility (CSR) is corporate activity that is regulated by the law. By means of the Investment Law No.25 year of 2007 and the Limited Liability Company Act No. 40 year of 2007, it is regulated that every company in Indonesia is obliged to implement CSR. However, these regulations are not set technically; therefore some local governments have made guidelines for the implementation of CSR through the District Regulations. The problems of this study are: (1) how is the CSR regulation model in the District Regulation? (2) What are the company’s attitude and the company’s request towards the CSR regulation in the District ? This study uses normative law research method that examines the provisions of the law, as well as empirical legal research method that used to observe the behavior and the attitude of the government and corporate actors. This research took place in several provinces in Indonesia.The results of this research are: First, the CSR regulation in regional area is formulated based on local government authorities. The provisions of these district regulations are customized to the interests of each region, although it still normatively refers to the standard legislation. Second: The Company’s attitudes prefer the self-regulated regulations arranged by their respective companies. Additionally, the setting of CSR can make the arrangement of CSR activities in accordance with the District Government program; as a result it can speed up the community development.

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