scholarly journals Liability of The Holding Company for Unlawful Actions In Group Companies

2021 ◽  
Vol 5 (1) ◽  
Author(s):  
Magfirah Bachmid
Keyword(s):  
Supreme Court ◽  
Joint Venture ◽  
Group Company ◽  
Joint Liability ◽  
Holding Companies ◽  
Holding Company ◽  
The Supreme Court ◽  
Illegal Acts ◽  
The Republic ◽  
Operational Activities

Economic development in Indonesia has progressed significantly from year to year, so has the development of national companies either in the form of a single company, joint venture, or group company in the form of PT, CV and so on. The development referred by this research is the development of group companies consisting of holding companies and subsidiary companies where the leadership system of the group company is centralized so that it has the potential to arise an abuse of authority from the holding company, one of which is illegal acts arising from the legal relationship between the holding company and its subsidiary within the group company. This can be seen in the case decision of the Supreme Court of the Republic of Indonesia No.89 PK/Pdt/2010 between PT. Effem Food, Inc and PT. Effem Indonesia against PT. Smak Snak regarding violations of distribution activity. The purpose of this study was to determine the form of liability from the holding company to the subsidiary in the event of an illegal act in the group company based on the decision of the Supreme Court of the Republic of Indonesia No. 89 PK/Pdt/2010. Based on the Judge's assessment and consideration of the evidence of losses suffered by the plaintiff, namely PT. Smak Snak, against the bad faith of the defendants, namely PT. Effem Food, Inc. and PT. Effem Indonesia, causing the panel of judges to place joint liability on PT. Effem Food, Inc. and PT. Effem Indonesia for their illegal actions as the holding company against PT. Smak Snak as a subsidiary. This decision is a manifestation of the application of piercing the corporate veil to the holding company and its subsidiary due to the ownership of PT. Effem Food, Inc. over 90% shares of PT. Effem Indonesia, regarding to this case, PT. Effem Food, Inc. acting as the holding company of PT. Effem Indonesia which exercises to control over the operational activities of its subsidiary. This research is a normative research with a conceptual and statutory approach

scholarly journals Some psychological impacts on judging in criminal cases within the Supreme Court of Cassation of the Republic of Serbia

2020 ◽  
Vol 25 (2) ◽  
pp. 13-28
Author(s):  
Dragutin Avramović
Keyword(s):  
Public Opinion ◽  
Supreme Court ◽  
Criminal Cases ◽  
Judicial Decisions ◽  
The Supreme Court ◽  
Psychological Impacts ◽  
The Republic ◽  
The Relationship ◽  
Media Pressure

Following hypothesis of Andrew Watson, American professor of Psychiatry and Law, the author analyses certain psychological impacts on behavior of judges and examines the relationship between their idiosyncrasies and their judicial decisions. The survey encompasses the judges of Criminal Department of the Supreme Court of Cassation of the Republic of Serbia and, also, for comparative reasons, the judges of Criminal Department of the First Basic Court in Belgrade. Considering the main issues there is no great discrepancy between answers given by the judges of the Supreme Court and those of the Basic Court. Most responses of the Serbian judges deviate from Watson's conclusions, namely: they do not admit that they feel frustrated due to heavy caseloads, the significant majority of judges are reluctant to acknowledge their prejudices and influence of biases on their ruling, the significant majority of judges are not burdened with the idea of possible misuse of their discretion, they nearly unanimously deny that public opinion and media pressure affect their rulings, etc. Generally, the judges in Serbia are not willing to admit that they cannot always overcome their own subjectivities.

scholarly journals Pravni položaj poštenog i nepoštenog posjednika u odnosu na vlasnika stvari

2017 ◽  
Vol 38 (1) ◽  
pp. 527-543
Author(s):  
Jadranko Jug
Keyword(s):  
Supreme Court ◽  
Case Law ◽  
Basic Method ◽  
Unjust Enrichment ◽  
The Supreme Court ◽  
Legal Position ◽  
The Republic ◽  
Basic Characteristics ◽  
The Right

This paper deals with the problems related to the legal position of honest and dishonest possessors in relation to the owner of things, that is, it analyses the rights belonging to the possessors of things and the demands that possessors may require from the owners of things to whom the possessors must submit those things. Also, in contrast, the rights and requirements are analysed of the owners of things in relation to honest and dishonest possessors. In practice, a dilemma arises in defi ning the essential and benefi cial expenditure incurred by honest possessors, what the presumptions are for and until when the right of retention may be exercised for the sake of remuneration of that expenditure, when the statute of limitations expires on that claim, and the signifi cance of the provisions of the Civil Obligations Act in relation to unjust enrichment, management without mandate and the right of retention, and which provisions regulate these or similar issues. The answers to some of these dilemmas have been provided in case law, and therefore the basic method used in the paper was analysis and research of case law, especially decisions by the Supreme Court of the Republic of Croatia. The introduction to the paper provides the basic characteristics of the concept of possession and possession of things, and the type and quality of possession, to provide a basis for the subsequent analysis of the legal position of the possessor of a thing in relation to the owner of that thing.

scholarly journals ANALISIS PENYELESIAN SENGKETA INTERNAL LEMBAGA NEGARA (STUDI KASUS PELANTIKAN PIMPINAN DEWAN PERWAKILAN DAERAH REPUBLIK INDONESIA PERIODE 2017-2019)

2018 ◽  
Vol 1 (1) ◽  
pp. 364
Author(s):  
Yanzah Bagas Nugraha ◽  
Dwi Andayani Budisetyowati
Keyword(s):  
Supreme Court ◽  
State Institution ◽  
The State ◽  
The Body ◽  
Internal Conflict ◽  
Constitutional Court ◽  
Leadership Tenure ◽  
The People ◽  
The Supreme Court ◽  
The Republic

The establishment of the Regional Representative Council of the Republic of Indonesia so called Dewan Perwakilan Daerah (DPD-RI) at least has two objectives. The first is to enhance justice for the people in the region. Secondly, to expanding and increasing the participation of local communities in national life. The process to form this state institution is done by amending the 3rd amendment of the 1945 Constitution of the Republic Indonesia. However, in doing that  amendment there was an internal conflict within the body of DPD-RI involving the old and the new leaders of this institution last year. The length of leadership tenure which was initially made 5 years was amended to became 2.5 years. The different length of leadership tenure was then canceled by the Supreme Court and it was decided to be the same as other institution such as The People’s Consultative Assembly and The House of Representative in that the leadership tenure should be in accordance with the electoral cycle of 5 years. However, although the regulation of DPD-RI has been canceled, the Supreme Court keeps sending its representative to guide the oath of position of the new DPD-RI leadership. The only regulation that has been introduced by the state was regulation toward conflict between state institutions and this conflict can merely be resolved by the Constitutional Court. Therefore, there is an urgent need for the state to seek solution to solve this problem to prevent the same thing happened to other state institution in the future.

Evolution of the Roman Republican Senate: Composition, Election, and Judicial functions (Part 1)

2021 ◽  
pp. 62-77
Author(s):  
L. L. Kofanov ◽  
Keyword(s):  
Supreme Court ◽  
Point Of View ◽  
Significant Part ◽  
Supreme Council ◽  
The Supreme Court ◽  
The World ◽  
Judicial Authority ◽  
The Republic ◽  
The Relationship ◽  
Gradual Transformation

The paper deals with the Roman senatus in the period from 5th to 3rd century BC, from the point of view of its composition, completion and selected competences. As to its composition, in the most arcaic times of the Roman state, the senate was an assembly of the heads of clans (patres gentium), who represented the ideas of patricians. The autor presents gradual transformation of the composition of the senate and switch towards the inclusion of the plebeians. It describes also the process of the cooptation of the members, rules of which incurred fundamental changes from the hereditary principles to the regulation given by statutes. A significant part of the article is devoted to the judicial functions of the Senate and the relationship between the iudicium senatus and the iudicium populi, the transformation of the Senate court from a regional body to the highest, global court of the entire Mediterranean. It’s noted that if the original Roman Senate de iure was the judicial authority only one of the Latin Confederation, later after 338 BC, it becomes the Supreme court of the Latin Union, and by the end of the Republic is transformed into the «Supreme Council of the world».

Law, Custom, and Social Norms: Civil Adjudications in Qing and Republican China

2017 ◽  
Vol 36 (1) ◽  
pp. 77-104
Author(s):  
Xiaoqun Xu
Keyword(s):  
Supreme Court ◽  
Social Norm ◽  
Civil Code ◽  
Chinese History ◽  
Republican China ◽  
Civil Justice ◽  
Republican Period ◽  
The Supreme Court ◽  
Moral Universe ◽  
The Republic

This study examines how law, custom, and social norm interacted in civil justice in Qing and Republican China by looking into 152 civil cases tried in 1912, right after the founding of the Republic of China, and a body of legal interpretations from the Supreme Court during 1912-1929, and certain provisions in the Civil Code of 1929-30--the very first one in Chinese history. It shows that both law and custom were invoked by judges within their moral universe or social norm. It traces how the Supreme Court allowed local customs to be a legal ground for rulings in certain civil disputes, and which customs in civil matters in the Qing and the early Republic were, and which were not, “hardened” into the Civil Code. The interplay between law and custom, mediated by judges with their normative sense of right and wrong, constituted both continuity and change in civil justice between the Qing era and the Republican period. Ultimately, the issues addressed here speak to a larger question of how Chinese jurists, within their judicial discretions, tried to strike a difficult but necessary balance between “law-on-books” and “law-in-action,” while law on the books was undergoing important revisions.

scholarly journals EFFECTIVENESS IN IMPLEMENTING SUPREME COURT REGULATION OF THE REPUBLIC OF INDONESIA NUMBER 2 YEAR 2015 ON PROCEDURES SETTLEMENT OF SIMPLE LAWSUIT IN SETTLING THE CIVIL CASES

2018 ◽  
Vol 2 (1) ◽  
pp. 2
Author(s):  
Wiryatmo Lukito Totok ◽  
Anik Iftitah
Keyword(s):  
Supreme Court ◽  
Legal Culture ◽  
District Court ◽  
Code System ◽  
Medium Term ◽  
The Supreme Court ◽  
The Law ◽  
Civil Cases ◽  
The Republic ◽  
Effectiveness Index

President Regulation of the Republic of Indonesia Number 2 Year 2015 on the National Medium Term Development Plan 2015-2019 mandates to carry out Reformation of the Civil Code system which is easy and fast, in an effort to improve the competitiveness of national economy. Related to this, the Supreme Court answered the vacancy of a simple lawsuit by issuing Regulation of the Supreme Court of the Republic of Indonesia (PERMA) Number 2 Year 2015 on procedures for settlement of simple suit in settling civil cases. The empirical juridical research in the Court of Kediri showed that the implementation of Regulation of the Supreme Court of the Republic of Indonesia Number 2 Year 2015 made the lawsuit procedure simpler and very effective and in accordance with the principle of simple, fast and light cost. Effectiveness Index of Regulation of the Supreme Court of the Republic of Indonesia Number 2 year 2015 at Kediri District Court Class I B was in the "good" category, influenced by substance rule of the law, legal culture, structure of the law, and community knowledge. Keywords: Effectiveness, Simple Lawsuit Received: 07 January, 2017; Accepter: 15 March, 2017

scholarly journals The Internet as a public place and a place of committing a prohibited act: Comments regarding the judgment of the Supreme Court of the Republic of Poland, case ref. no. IV KK 296/17

2019 ◽  
Vol 29 ◽  
pp. 183-199
Author(s):  
Jan Kluza ◽  
Konrad Sączek
Keyword(s):  
Supreme Court ◽  
Public Space ◽  
Criminal Law ◽  
The Internet ◽  
Public Place ◽  
The Supreme Court ◽  
The Republic ◽  
The Way

The paper concerns the analysis of the possibility for classifying the Internet as a public place, which is of extraordinary legal significance with regard to the fulfilment of the criteria of many prohibited acts. Such a statement was presented by the Supreme Court of the Republic of Poland in its judgment of 17 April 2018, case ref. no. IV KK 296/17. This paper attempts to assess the standpoint of the Supreme Court of the Republic of Poland and the way it is reflected in various factual situations. To determine whether the Internet can constitute a public space in the sense of criminal law, several factors must be indicated, including, first of all, the application of an appropriate interpretation of the norms of criminal law. Internet jako miejsce publiczne popełnienia przestępstwa — uwagi na tle wyroku Sądu Najwyższego z dnia 17 kwietnia 2018 roku, sygn. akt IV KK 296/17Artykuł zawiera analizę możliwości zakwalifikowania Internetu jako miejsca publicznego, co ma swoje doniosłe znaczenie prawne dla spełnienia znamion wielu typów czynów zabronionych. Taką tezę zaprezentował Sąd Najwyższy w wyroku z dnia 17 kwietnia 2018 roku sygn. IV KK 296/17. Niniejszy tekst to próba oceny stanowiska Sądu Najwyższego oraz jego przełożenia na różnorakie stany faktyczne. W kwestii tego, czy Internet może stanowić miejsce publiczne w rozumieniu prawa karnego, trzeba wskazać na kilka okoliczności, przede wszystkim na zastosowanie właściwego sposobu wykładni norm prawa karnego.

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