PEMBERIAN HAK GUNA BANGUNAN DI ATAS BAGIAN TANAH HAK PENGELOLAAN

2020 ◽  
Vol 18 (1) ◽  
pp. 70-84
Author(s):  
Triadi Kurniawan

The granting of Building Utilization Rights above the Management Rights land in the construction of Metro Mega Mall in Metro Lampung City raises problems, namely the legal consequences that arise in the cooperation agreement made by the Regional Government of Metro City and PT. Nolimax Jaya. The main focus of the research is the legal consequences that arise on the implementation of granting rights to build on land with management rights and the concept and application of appropriate and fair laws in the context of carrying out the transfer of management rights of the Regional Government to third parties by providing Building Use Rights certificates. This research uses non doctrinal method. The results showed that the legal effect that emerged in the granting of HGB over HPL was a temporary transfer of ownership to existing land and buildings which resulted in PT. Nolimax Jaya as a company that wants to make a profit, in addition to harming traders who want to open a business in the area.  Keywords : Land Management Rights, Building Rights, Agreement.

2021 ◽  
Vol 3 (1) ◽  
pp. 143
Author(s):  
Moch Dzulyadain Nasrulloh

A company acquisition is a legal act performed by a legal entity or an individual to take over the company's shares by buying shares or part or all of the company's assets. Acquisition provisions are regulated in Law Number 40 of 2007 concerning Companies and Government Regulation Number 27 of 1998. One of the legal problems in the acquisition of a company is the delay in reporting the acquisition of shares in need. This study aims to analyze the share acquisition mechanism according to Law Number 40 of 2007, Law Number 5 of 1999 and Government Regulation Number 57 of 2010 as well as the legal provisions on the delay in reporting of share takeover faced by PT. Plaza Indonesia Realty, Tbk, which acquired PT. Citra Asri Property. The method used in this research is normative juridical. Data collection techniques in research using literature study with data sources of primary legal materials and secondary legal materials. The result of this research is that in the takeover of PT. Citra Asri Properti has caused several legal consequences, namely: legal consequences for shareholders, legal consequences for employees and legal consequences for the company's organs. This legal effect only affects the shares that are transferred from the old owner to the new owner and the rest remains valid as before. Due to the late reporting violation of the share takeover of PT. Indo Plaza Indonesia Reality, Tbk as stipulated in the applicable fines in Article 6 of Government Regulation Number 57 of 2010


Author(s):  
Sajimin Sajimin ◽  
Zainal Asikin ◽  
L. Wira Suhartana

This study aims to examine the arrangement of regional cooperation agreements with third parties through the Build-Up System based on Indonesian laws and regulations, and how the parties regulate the rights and obligations of the parties in the regional cooperation agreement with third parties in West Nusa Tenggara through the Build-Up pattern This research is a normative study so that the approach used is the legislative approach and case approach. The results of the research show that the legal source of cooperation in the management of goods belonging to the region is Law No. 23 of 2014 concerning Regional Government, Government Regulation No. 50 of 2007 concerning Procedures for Implementing Regional Cooperation, Regional Regulation of West Nusa Tenggara Province No. 8 of 2007 concerning Management of Regional Property.


Arena Hukum ◽  
2020 ◽  
Vol 13 (3) ◽  
pp. 550-567
Author(s):  
Khairus Fitrahady ◽  
◽  
Ahmad Zuhairi ◽  
M. Riadhussyah

This paper examines the inability of local governments to recover land assets that have been included as capital for regional-owned enterprises (BUMD). The problem arises when the land is used as an object for collateral by a third party because BUMD is unable to fulfill the achievements in the agreement. This normative research uses a statutory, conceptual and case approach. As a result, the West Lombok Regional Government is still unable to recover regional assets that have been used as collateral by third parties on the basis of a cooperation agreement with BUMD. The land is the capital that is included by the Regional Government to BUMD. Land which becomes the object of capital participation does not automatically transfer to BUMD if the transfer mechanism is not passed and is considered permanent as a regional asset. However, if the Regional Government has approved the land pledge process to the Bank through the general meetings of shareholders (GMS) mechanism, the Government will be very powerless to carry out recovery. However, the regional government could be the losing party if at any time the BUMD cannot fulfill its achievements and the land is auctioned off by the Bank.


Cepalo ◽  
2021 ◽  
Vol 5 (2) ◽  
pp. 131-140
Author(s):  
NUKI NUKI

Sumber Urip Sejati Utama Ltd. is a company that runs in the fertilizer industry. Technically, Sumber Urip Sejati Utama Ltd.'s board of directors purchase urea fertilizer for the factory, then sold the urea fertilizer to consumers. As a urea fertilizer distributor, Sumber Urip Sejati Utama Ltd. should fulfil tax administration obligations, such as reporting tax payments and calculations. However, Sumber Urip Sejati Ltd.’s administration is highly engineered by the company’s directors because Sumber Urip Sejati Utama Ltd. is operating even though it is declared bankrupt. The situation escalades when the company is faced with unfulfilled tax obligation. Therefore, the main problem in this research is the director board of Sumber Urip Sejati Utama's Ltd. civil liability and legal consequences towards the tax in debt due to the board’s negligence. The research method used in this study is a normative juridical approach, which is an approach based on the primary legal material by examining theories, concepts, legal principles and legislation. The research elaborates that the civil liability of Sumber Urip Sejati Utama Ltd.’s director board towards the tax in debts is in a form of joint responsibility or responsibility. Moreover, the legal consequences faced by the director boards due to their negligence is that directors should bear all of the company's debts to creditors and third parties, to the extent of using the directors' assets to cover the losses.


2019 ◽  
Vol 12 (2) ◽  
pp. 102
Author(s):  
Wisnu Kumala ◽  
Yaswirman Yaswirman ◽  
Ulfanora Ulfanora

There is a tug of authority in resolving insurance disputes outside the court between the Consumer Dispute Settlement Agency (BPSK) based on Law Nomor 8 of 1999 concerning Consumer Protection with Alternative Dispute Resolution Institutions (LAPS) based on Financial Services Authority Regulation Number 1/POJK.07/2014. This encourages the author to conduct legal research in order to determine the authority of BPSK in resolving insurance disputes as well as the legal consequences of the decision after the issuance of the Financial Services Authority Regulation Number 1/POJK.07/2014 using the statutory approach. This legal research results in the finding that BPSK is still authorized to settle insurance disputes following the issuance of the Financial Services Authority Regulation Number 1/POJK.07/2014, this is based on the provisions of the Lex superior derogat legi inferiori principle. Then there is no legal effect on the BPSK decision after the issuance of the Financial Services Authority Regulation. This is because BPSK's decision has been based on Law Number 8 of 1999 concerning Consumer Protection, whose position is higher than the Regulation of the Financial Services Authority. So there is no need for BPSK to follow the provisions of the regulations whose hierarchy of legislation is lower than the Consumer Protection Act. Therefore BPSK's decision is "final and binding" as explained in Article 54 paragraph 3 of the Consumer Protection Act.


2018 ◽  
Vol 6 (1) ◽  
pp. 163-182
Author(s):  
Yussy A. Mannas

Abstract:The emergence rights and obligations as a result of legal relationship between doctors and patients could potentially trigger a dispute between doctors and patients or medical disputes. In an effort to avoid or reduce medical disputes, it is necessary to understand the construction of the legal relationship between doctor and patient. From this legal relationship which will result legal actions and gave rise to legal consequences. In a legal effect, it can’t be separated is about who is responsible, as far as what responsibility can be given. It describes that relationship and the patient's physician if constructed, it can be divided based on two factors; transaction of therapeutic and act. In relation patient - physician based therapeutic, known as therapeutic relationship or transaction therapeutic, there is a binding between patients and physicians in the treatment of the disease or treatment. Engagements happens is inspanningsverbintennis and not resultaatsverbintennis, and must comply with the provisions of Article 1320 of the Civil Code. The relationship between doctor and patient is based on the Act - legislation occurred under Article 1354 of the Civil Code, which formulates zaakwaarneming. Legal relationship that occurs by two things above give rise to legal liability for doctors, the responsibility in the field of disciplinary law, criminal law, civil law and administrative law.Keywords: Doctor, Patient and Legal Relationship.Abstrak:Munculnya hak dan kewajiban sebagai akibat hubungan hukum antara dokter dan pasien berpotensi memicu terjadinya sengketa antara dokter dengan pasien atau sengketa medik. Dalam upaya menghindari atau mengurangi sengketa medik yang terjadi, maka perlu dipahami mengenai konstruksi hubungan hukum antara dokter dengan pasien. Dari hubungan hukum inilah yang akan melahirkan perbuatan hukum dan menimbulkan adanya akibat hukum. Dalam suatu akibat hukum, hal yang tidak dapat dipisahkan adalah mengenai siapa yang bertanggung jawab, sejauh apa tanggung jawab dapat diberikan. Dalam tulisan ini diuraikan bahwa hubungan dokter dan pasien ini jika dikonstruksikan maka dapat dibagi berdasarkan dua hal, yaitu transaksi terapeutik dan undang-undang. Pada hubungan pasien- dokter berdasarkan terapeutik, dikenal hubungan terapeutik atau transaksi terapeutik, yaitu terjadi suatu ikatan antara pasien dan dokter dalam hal pengobatan atau perawatan penyakitnya. Perikatan yang terjadi ialah inspanningsverbintennis dan bukan resultaatsverbintennis, dan harus memenuhi ketentuan Pasal 1320 KUHPerdata. Hubungan dokter dan pasien berdasarkan undang–undang terjadi berdasarkan Pasal 1354 KUHPerdata yang merumuskan tentang zaakwaarneming. Hubungan hukum yang terjadi oleh dua hal diatas menimbulkan tanggung jawab hukum bagi dokter, yaitu tanggung jawab dalam bidang hukum, hukum pidana, hukum perdata dan hukum administrasi.Kata Kunci: Dokter, Pasien dan Hubungan Hukum. 


2019 ◽  
Vol 3 (1) ◽  
pp. 11
Author(s):  
Yaya Kareng ◽  
Hartanto Hartanto ◽  
Choirul Anam

A reservation is a unilateral statement made by a State at the time of signing, accept, ratify, ratify or accede to the treaty, which is the main content is to issue or to modify the legal effect of certain provisions in its enforcement against the State (KW 1969). Initially reservation (requirements) are defined differently based subjects that provide definition. As for the definition independent of the reservation that in general it is a unilateral statement put forward by a country at the time expressed consent to be bound by a treaty, which said "Refuse to accept or recognize or do not want to be tied to, or unwilling to accept the legal consequences of one or more provisions of the agreement, or to modify or customize the content or provide its own meaning on one or more provisions of the agreement in accordance with the needs of the country ", dissent is possible if there is no commonly agreed definition.


1942 ◽  
Vol 8 (1) ◽  
pp. 51-69 ◽  
Author(s):  
Glanville L. Williams

The term ‘illegal contract’ is sanctioned by usage and is adopted in the title of this article for the sake of brevity; but it is not a very satisfactory expression. If a contract is a legal obligation, ‘illegal contract’ is a contradiction in terms. To say that a contract is illegal seems, on the face of it, to be no more than a clumsy way of saying that an agreement is void of legal consequences. There is, however, another possible interpretation of the term ‘illegal contract,’ namely, that it is an agreement the entry into which or the performance of which (on one or both sides) involves a breach of legal duty, or runs counter to morality or public policy. The illegality is not in the obligation, but in the making of the agreement or in the performance of it. It is in this sense that the term is used in the present article, and, so understood, there is no paradox in asking whether an illegal contract can have a legal effect.


2021 ◽  
pp. 37-47
Author(s):  
Eva Micheler

This chapter discusses how separate legal personality can be explained as a solution developed by company law to address the problem that organizations are social rather than brute facts. For a company to come into existence, certain documents need to be registered. These contain information that facilitates the interaction between the company and third parties. Registration as a company then gives an organization a public legal manifestation. The Companies Act does not limit the corporate form to organizational action. The corporate form can therefore be used for other purposes and organizational boundaries do not align with legal personality. But this does not undermine the observation that company law is designed for the operation of organizations.


2021 ◽  
pp. 153-176
Author(s):  
Brenda Hannigan

The Companies Act 2006 (CA 2006) requires directors: to act in accordance with the constitution (defined s 257) and to exercise powers for the purposes for which they are conferred. This chapter focuses on s 171. The discussion covers the constitutional division of power within a company, types of authority, statutory protection of third parties, and exercise of a power for an improper purpose. Much of the discussion is of the important agency rules which govern directors’ authority, considering in particular the extent to which third parties can rely on the apparent or ostensible authority of an individual director or directors. The circumstances in which third parties are put on inquiry are considered. The statutory protection afforded to third parties by CA 2006, s 40 is also examined. The proper purpose doctrine is an important constraint on abuse of power by directors and the application of the doctrine is addressed in detail.


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