scholarly journals PELAKSANAAN TANGGUNG JAWAB SOSIAL DAN LINGKUNGAN PADA PT. FREEPORT INDONESIA SEBAGAI PT. PENANAM MODAL DALAM RANGKA PERLINDUNGAN DAN PENGELOLAAN LINGKUNGAN HIDUP

2018 ◽  
Vol 4 (1) ◽  
pp. 63
Author(s):  
Netty SR Naiborhu
Keyword(s):  
Social Responsibility ◽  
Foreign Capital ◽  
Limited Liability ◽  
Environmental Responsibility ◽  
Limited Liability Company ◽  
Legal Certainty ◽  
Real Form ◽  
Work Plan ◽  
The Law

Implementation of social and Environmental Responsibility is the obligation of the company that should be budgeted and accounted for as expenses the company conducted with attention to propriety and obligation. Program of social responsibility and the environment must be included in the annual work plan and budget a limited liability company according to Law Number 40 of the year 2007 On limited liability company and Act No. 25 of the year 2007. The problem how form the implementation of social and Environmental Responsibility at the PT. Freeport Indonesia as PT. Planter foreign capital in mining?, and whether Act No. 40 Year 2007 On limited liability company and Act No. 25 of the year 2007 to give legal certainty to the implementation of social and Environmental Responsibility (TJSL) on PT. Freeport Indonesia?. The method of the approach used in this study using normative juridical approach, with the main focus is the implementation of TJSL on PT. Freeport Indonesia with the data acquired and analyzed using the methods of normative qualitative. Results of the study showed a real form of legal certainty is the implementation or enforcement of the law against an act regardless of who is doing. With the certainty of the law. and Act No. 40 Year 2007 On limited liability company and Act No. 25-year 2007 has not been able to guarantee the legal certainty of implementation of TJSL/CSR. Because of the vagueness in the substance of its settings. Keywords: Protection, Management, Environment.

scholarly journals Peran Humas Perusahaan dalam Pelaksanaan Tanggung Jawab Sosial terhadap Masyarakat Desa Sekampil Kecamatan Pelepat Kabupaten Bungo Provinsi Jambi

2019 ◽  
Vol 3 (2) ◽  
pp. 65-78
Author(s):  
Sri Wahyuni ◽  
Samsu ◽  
Sururudin
Keyword(s):  
Community Development ◽  
Public Relations ◽  
Social Responsibility ◽  
Government Regulation ◽  
Limited Liability ◽  
Positive Influence ◽  
Environmental Responsibility ◽  
Limited Liability Company ◽  
Corporate Social

This research was motivated by complaints from residents of Sekampil village who felt uncomfortable with the pollution of the river water they use for their daily life, which was allegedly due to the disposal of the company's factory waste into the river. On the other hand, the company wants to provide social responsibility or CSR grants. Public Relations is the company's bridge to communicate with the Sekampil community. The purpose of this study is to explain CSR and the role of public relations in this situation. The study found that the first implementation of corporate social responsibility at PT. Citra Sawit Harum has generally been implemented based on the applicable provisions, namely Law Number 40 of 2007 concerning Limited Liability Companies and Government Regulation Number 47 of 2012 concerning Social and Environmental Responsibility of Limited Liability Companies as the implementation regulations. However, in Sekampil there are still shortcomings in its implementation, namely the limited number of scholarships and community development. Although, overall, it has had a positive influence on the community around the company. In the future, the company must be more effective in carrying out social responsibility so that the community around the company does not feel disadvantaged by the existence of this limited liability company.

Enthaftung durch Zustimmung

2021 ◽  
Author(s):  
Liska Müßig
Keyword(s):  
Limited Liability ◽  
Board Members ◽  
Legal Certainty ◽  
German Stock ◽  
The Law ◽  
Stock Corporation

Can board members and managing directors effectively exempt themselves from liability by having the shareholders approve the act in advance? The work is intended to contribute to more legal certainty in dealing with “exclusion of liability”. While the exculpatory effect of consent is recognised in principle, the details of conditions and limits are still controversial. The author discusses important issues in connection with the provision on exclusion of liability of Section 93 (4) sentence 1 of the German Stock Corporation Act. In the absence of a corresponding provision in the law governing limited liability companies, the author subsequently examines the extent to which the results obtained can be applied to limited liability companies.

scholarly journals EVALUASI PELAKSANAAN CORPORATE SOCIAL RESPONSIBILITY PADA PT UNILEVER INDONESIA, TBK.

2017 ◽  
Vol 14 (2) ◽  
pp. 1
Author(s):  
Ian Nurpatria Suryawan ◽  
Setia Tjahyanti ◽  
Stefani ,
Keyword(s):  
Organizational Culture ◽  
Corporate Social Responsibility ◽  
Social Responsibility ◽  
Limited Liability ◽  
Secondary Data ◽  
Green Economy ◽  
Environmental Responsibility ◽  
Qualitative Shape ◽  
Adaptive Culture ◽  
Corporate Social

<p>Corporate Social Responsibility is a must for companies, especially for a limited<br />liability company. It is attested in chapter V Social and Environmental Responsibility in<br />sections 74 subsection (1) until subsection (3) of law No. 40 year 2007 on limited liability<br />company. This study uses secondary data and qualitative shape that is from the website of<br />PT Unilever Indonesia, Tbk. regarding the activities of Corporate Social Responsibility<br />the company has done and using research on Corporate Social Responsibility that has<br />been done by researchers previously associated laws-an invitation about Corporate<br />Social Responsibility. Corporate Social Responsibility is also always associated with<br />Green Economy. The management of PT Unilever Indonesia, Tbk. was successfully<br />implementing Corporate Social Responsibility as part of a strong organizational culture<br />and also PT Unilever Indonesia, Tbk. has been successfully implementing adaptive culture.</p>

scholarly journals Kepastian Hukum Jumlah Modal Dasar Pendirian Perseroan Terbatas Setelah Berlakunya PP Perubahan Modal Dasar Perseroan Terbatas

Acta Comitas ◽  
2020 ◽  
Vol 5 (2) ◽  
pp. 340
Author(s):  
Ida Bagus Putra Pratama ◽  
I Made Dedy Priyanto
Keyword(s):  
Research Method ◽  
Government Regulation ◽  
Limited Liability ◽  
Company Law ◽  
Limited Liability Company ◽  
Legal Certainty ◽  
Legal Research ◽  
Conceptual Approach ◽  
Basic Capital ◽  
Before And After

Research on legal certainty the amount of basic capital establishment of limited liability company based on the norms of conflict between article 32 paragraph (1) of the limted liability company law concerning "the limited liability company capital of at least Rp 50,000,000.00" with article 1 paragraph (3) of government regulations The limited liability of the company's capital of limited liability concerning "the founding capital of the company is determined by agreement”. 2 problem are formulated: (1) What is the form for deposit of stock capital on the provisions of article 33 of the limited liability company law, (2) How is the legal certainty of the number of basic capital of the limited liability After the validity of government regulation change of the limited liability company. This purpose research is finding form of the deposit of stock capital and the basic capital of the limited liability company before and after enforcement of government regulation of limited liability of the company. The legal research method used normative legal research method with statute approach and conceptual approach. Capital deposits of shares can be made in the form of money and other forms of immovable tangible objects such as land and intangible objects in the form of bill of Rights; and arrangements regarding the underlying capital applicable in the establishment of the limited liability company is Article 1 paragraph (3) of government regulation of the limited liability of the company.

scholarly journals Tanggung Jawab Direksi atas Terjadinya Pailit Perseroan Terbatas

2020 ◽  
Vol 4 (1) ◽  
pp. 83
Author(s):  
Antonius Faebuadodo Gea ◽  
Hirsanuddin Hirsanuddin ◽  
Djumardin Djumardin
Keyword(s):  
Limited Liability ◽  
Company Law ◽  
Limited Liability Company ◽  
Conceptual Approach ◽  
The Board Of Directors ◽  
Approach Method ◽  
Separate System ◽  
Accountability Mechanism ◽  
The Law ◽  
Legal Consequences

This research was conducted to find out how the directors' accountability mechanism caused by an error or negligence caused the limited company to go bankrupt and how the legal consequences on the bankruptcy of a limited liability company. This type of research was classified as a normative legal research or also called doctrinal research, namely research that examined the law as a separate system that was separate from various other systems in society so as to provide a boundary between the legal system with other systems. The approach method used was the statutory approach; and Conceptual Approach. In principle, the Board of Directors was not personally responsible for acts committed for and on behalf of the company based on its authority. The scope of conduct that would be personally accounted for by the directors of the company was negligence because the directors did not fulfill the contents of the agreement and mistakes because the directors commit acts against the law. Bankruptcy of a Limited Liability Company was the bankruptcy of itself, not the bankruptcy of its management, even though the bankruptcy was due to the negligence of its management. So that management should not be held liable jointly for any losses due to negligence and could only be held accountable if the company's assets were not sufficient to cover losses due to bankruptcy Article 90 paragraph (2) of the Limited Liability Company Law).

scholarly journals Regulation of Foreigner Stay Permit as Director of Limited Liability Company and Investor in Foreign Investment

2021 ◽  
Vol 8 (2) ◽  
pp. 89-100
Author(s):  
Tri Sutjiati ◽  
Ida Ayu Sadnyini
Keyword(s):  
Foreign Worker ◽  
Limited Liability ◽  
Foreign Workers ◽  
Limited Liability Company ◽  
Legal Certainty ◽  
Legal Research ◽  
Conceptual Approach ◽  
Presidential Decree ◽  
The Board Of Directors ◽  
Ideal Framework

Based to Article 10 Paragraph (1) on Regulation Ministry of Manpower Number 10 Year 2018 Concerning Procedure of Employ Foreign Worker says that employer of the foreign worker is not required to possess any EPP (working permit) to employ foreign workers who are shareholders with the position of the board of directors or board of commissioners, as it is stated before on Article 10 Paragraph (1) Presidential Decree No. 20 Year 2018 Concerning Foreign Worker. Nevertheless, the facility for investors to possess stay permits in Indonesia which is mentioned in Article 22 Paragraph (3), Regulation of Ministry of Justice and Human Rights Number 51 Year 2016 Concerning Change of Regulation Number 24 Year 2016 Concerning Technical Procedures for Application and Issuance of Visit Visas and Limited Stay Visas, says that the investor prohibited working. This study aims to investigate the procedure and the regulations that govern temporary stay permits of directors and foreign investors in Indonesia. The method used in this study is normative legal research and meanwhile, statute approach and conceptual approach are used as the approach of this study. The results of this study showed that 1) higher norms govern action, as to create lower norms, governs realization of action. Presidential Decree has a higher position in the hierarchy from Ministry Regulations. 2) ideal framework of statutory regulations shall consist of a balance portion of justice, legal certainty and finality.  

scholarly journals Perlindungan Hukum Terhadap Pemegang Saham Minoritas Pada Perseroan Terbatas Yang Melakukan Merger

2020 ◽  
Vol 2 (1) ◽  
pp. 59-62
Author(s):  
I Kadek Sridana ◽  
I Nyoman Putu Budiartha ◽  
I Putu Gede Seputra
Keyword(s):  
Research Method ◽  
Government Regulation ◽  
Legal Protection ◽  
Limited Liability ◽  
Limited Liability Company ◽  
Minority Shareholders ◽  
Legal Position ◽  
The Law ◽  
A Company

Abstract-Mergers can be said as a strategy or one way to increase a company, therefore there is a need for legal protection for minority shareholders if they do not agree with the merger but the merger is still implemented, and the shareholders are forced to accept the merger. The formulation of the problem in this case is (1) what is the position of the minority shareholders for the limited liability company that merges? (2) What is the legal protection of minority shareholders in a limited liability company that merges? This research method uses a normative research method by approaching the problem in the form of a draft law that relates to the problem under study. The sources of legal material to be used are sourced from research, the literature in the form of primary legal material and secondary legal material. The result of this study are the legal position of the minority shareholders of the company (PT) that carried out the merger has been regulated in Law number 40 of 2007 concerning Limited Liability Companies and in Government Regulation Number 27 of 1998 concerning merger, consolidation and takeover of the interests of minority shareholders. In general, the law of limited liability companies is a guideline in the framework of protecting minority shareholders. Protection of minority shares is one of the important things, especially when the company conducts legal actions such as mergers, both preventive legal protection and repressive legal protection. Keywords: Legal protection, shareholders, mergers Abstrak- Merger dapat dikatakan sebagai strategi atau salah satu cara untuk meningkatkan suatu perusahaan oleh karena itu perlu adanya perlindungan hukum terhadap pemegang saham minoritas apabila mereka tidak setuju dengan merger namun merger tetap dilaksanakan, dan pemegang saham tersebut dipaksakan untuk menerima merger tersebut. Adapun rumusan masalah dalam hal ini (1) Bagaimanakah kedudukan pemegang saham minoritas bagi perseroan terbatas yang melakukan merger? (2) Bagaimanakah perlindungan hukum terhadap pemegang saham minoritas pada perseroan terbatas yang melakukan merger? Metode penelitian ini menggunakan metode penelitian normatif dengan melakukan pendekatan masalah berupa pedekatan perundang-undangan yang berkaitan dengan masalah yang dikaji. Adapun sumber bahan hukum yang akan digunakan yakni bersumber dari penelitian, kepustakaan berupa bahan hukum primer dan bahan hukum sekunder. Adapun hasil dari penelitian ini adalah kedudukan hukum pemegang saham minoritas terhadap perusahaan (PT) yang melakukan merger, sudah diatur dalam Undang-undang nomor 40 tahun 2007 tentang Perseroan terbatas serta dalam Peraturan pemerintah Nomor 27 Tahun 1998 tentang penggabungan, peleburan, dan pengambilalihan tentang kepentingan pemegang saham minoritas. Secara umum hukum perseroan terbatas menjadi pedoman dalam rangka perlindungan pemegang saham minoritas. Perlindungan terhadap saham minoritas merupakan salah satu hal yang penting terutama saat persroan melakukan perbuatan hukum seperti merger baik perlindungan hukum secara preventif maupun perlindungan hukum secara represif. Kata kunci: Perlindungan hukum, Pemegang saham, Merger

scholarly journals Minority Shareholders’ Legal Protection in a Limited Liability Company System

2021 ◽  
Vol 14 (11) ◽  
pp. 1606-1612
Author(s):  
I Gde Sukarmo ◽  
◽  
Hayyanul Haq ◽  
Zainal Asikin ◽  
Salim HS
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
Limited Liability ◽  
Limited Liability Company ◽  
Minority Shareholders ◽  
Shareholder Protection ◽  
The Law ◽  
Legal Concepts ◽  
Laws And Regulations

The purpose of this study is to determine the legal protection model for the majority and minority shareholders in public limited companies. This research method is normative research. To investigate the ineffectiveness of laws and regulations, in particular, Law No. 40 of 2007 on limited liability companies in providing shareholder protection, researchers have studied the laws and regulations and considered the views of experts on legal concepts related to legal protection for shareholders, particularly, minority shareholders. The results showed that the law did not provide maximum legal protection for minority shareholders, creating an imbalance between the rights of the minority and majority shareholders. For this reason, 1) reform or progressive changes in laws and regulations are needed, for instance, in PT Law No. 40 of 2007. These changes should be fundamental to philosophical aspects (values and perspectives) in providing shareholder protection; 2) the review of shareholders’ protection methods should be based on the aspects of fairness

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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