scholarly journals KEDUDUKAN BADAN USAHA MILIK DESA (BUMDES) BERDASARKAN UNDANG-UNDANG NOMOR 11 TAHUN 2020 TENTANG CIPTA KERJA

2021 ◽  
Vol 3 (1) ◽  
pp. 29-52
Author(s):  
JUSMAN KHAIRUL HADI
Keyword(s):  
Legal Aspects ◽  
Private Ownership ◽  
Legal Entity ◽  
Unique Character ◽  
Legal Provisions ◽  
The Status ◽  
Business Entities ◽  
The Village ◽  
Statutory Regulation ◽  
Legal Entities

Law No. 6 of 2014 on Villages (Village Law) appears to construct Village-Owned Enterprise or Badan Usaha Milik Desa (BUM Desa) as a new form of business entity within the Indonesian legal sphere. BUM Desa is considered to be different from other variants of business entities in Indonesia. There are multiple interpretations regarding the status of BUM Desa, debating whether they are legal entities or not. This normative legal research discusses the legal aspects of BUM Desa following the promulgation of the Village Law. It concludes that: (1) theoretically BUM Desa meets the criteria as a public legal entity. The issuance of Law No.11 of 2020 on Job Creation confirms the status of BUM Desa as a legal entity; (2) BUM Desa is a public business entity with a unique character to villages different from other forms of business entity with private ownership such as limited companies and cooperatives. However, legal provisions on BUM Desa still contain logical inconsistencies regarding the basic conception of BUM Desa and Law 12/2011 does not yet include Perdes as statutory regulation. The confirmation of the status of BUM Desa legal entities needs to be complemented by synchronization with Law 12/2011 to strengthen the position of Perdes as the legal basis for the establishment of BUM Desa along with various other sectoral regulations

scholarly journals TELAAH KRITIS STATUS BADAN HUKUM DAN KONSEP DASAR BADAN USAHA MILIK DESA

Arena Hukum ◽  
2020 ◽  
Vol 13 (3) ◽  
pp. 568-588
Author(s):  
Detania Sukarja ◽  
Mahmul Siregar ◽  
Tri Lubis
Keyword(s):  
Legal Aspects ◽  
Private Ownership ◽  
Legal Entity ◽  
Unique Character ◽  
Legal Provisions ◽  
The Status ◽  
Business Entities ◽  
The Village ◽  
Statutory Regulation ◽  
Legal Entities

Law No. 6 of 2014 on Villages (Village Law) appears to construct Village-Owned Enterprise or Badan Usaha Milik Desa (BUM Desa) as a new form of business entity within the Indonesian legal sphere. BUM Desa is considered to be different from other variants of business entities in Indonesia. There are multiple interpretations regarding the status of BUM Desa, debating whether they are legal entities or not. This normative legal research discusses the legal aspects of BUM Desa following the promulgation of the Village Law. It concludes that: (1) theoretically BUM Desa meets the criteria as a public legal entity. The issuance of Law No.11 of 2020 on Job Creation confirms the status of BUM Desa as a legal entity; (2) BUM Desa is a public business entity with a unique character to villages different from other forms of business entity with private ownership such as limited companies and cooperatives. However, legal provisions on BUM Desa still contain logical inconsistencies regarding the basic conception of BUM Desa and Law 12/2011 does not yet include Perdes as statutory regulation. The confirmation of the status of BUM Desa legal entities needs to be complemented by synchronization with Law 12/2011 to strengthen the position of Perdes as the legal basis for the establishment of BUM Desa along with various other sectoral regulations

scholarly journals MODERN LEGISLATION REGULATING STATUS OF LEGAL ENTITY

THE BULLETIN ◽  
2021 ◽  
Vol 2 (390) ◽  
pp. 250-255
Author(s):  
K. S. Zhylkichieva ◽  
A. A. Kalybaeva ◽  
G. Zh. Koshokova
Keyword(s):  
Civil Law ◽  
Criminal Code ◽  
Civil Code ◽  
Kyrgyz Republic ◽  
Legal Entity ◽  
Analysis And Synthesis ◽  
The Status ◽  
The Law ◽  
General Regulation ◽  
Legal Entities

The article analyzes using the normative and systematic methods, as well as analysis and synthesis, the content of the statements of Constitution of the Kyrgyz Republic, Civil Code of the Kyrgyz Republic, Criminal Code of the Kyrgyz Republic, the Law of the Kyrgyz Republic «About Normative Legal Acts of the Kyrgyz Republic», the Law of the Kyrgyz Republic «On the Regulations of the Jogorku Kenesh of the Kyrgyz Republic» and the works of the legal scholars. It examined the provisions of laws adopted for general regulation and concludes they are serious problems, because of them there is a "blurring" of the contour of the legislation on legal entities in the article. The publication supports the opinion of the authors of the Concept for Development, according to which the regulation of the status of legal entities in the civil legal field can be characterized by a set of the laws and regula-tions in force in the Kyrgyz Republic, which do not always correspond to each other, as well as to the Civil Code. The low legal and technical level and ineffectiveness in practice are also shown by some adopted laws. It noted the Civil Code of the Kyrgyz Republic, adopted on May 8, 1996, created the new foundation for the regulation of legal entities, which was supplemented by many new laws over the next decades in the article. The authors come to the conclusion the fairly honest assessment can be applied to the established regulation – that with the main vector of development of the Concept of Civil Legislation in Kyrgyzstan, in general, there is an economic, social and well-grounded the logic and generally justifiable modern civil law in relation to legal entities. But at the same time, for many problems, correct solutions have not yet been found and no efficiency ratings have been given.

scholarly journals Non-Entrepreneurial Legal Entity: The Theoretical And Legal Analysis Of The Concept And Characteristics

2019 ◽  
pp. 22-33
Author(s):  
O.I. Zozuliak
Keyword(s):  
Social Life ◽  
Scientific Work ◽  
Legal Analysis ◽  
Legal Entity ◽  
Legal Model ◽  
Level 3 ◽  
Business Entities ◽  
Legal Forms ◽  
Definition Of ◽  
Legal Entities

The article is devoted to the theoretical and legal analysis of issues related to the range of problems connected with development of such legal model as ‘nonentrepreneurial legal entity’. In the scientific work the author makes an analysis of those concepts which are submitted by the leading Ukrainian scholars and concern the formation of civil-law terminology in general and that is applied to the nonentrepreneurial legal entities, in particular. The author has concluded that it is expedient to apply the set of criteria during formation of the non-entrepreneurial legal entity. The article gives the definition of non-entrepreneurial legal entity in the narrow and broad meanings. It is proved that a non-business entity should be singled out as a separate category according to the non-distribution of profit (income) rather than to the specifics of its business activity. The author demonstrates the feasibility to change classification criteria and levels while classifying the legal entities and on the mentioned ground she has singled out: 1) procedure for establishment of the legal entity; 2) structure of the legal entity as a criterion of the second classification level; 3) specific character of the profit distribution as a criterion of the third level of classification. It is based on the argument that non-business entities are an independent group of the legal entities, which is divided into subgroups: the non-business entities of corporate type and the non-business entities of unitary type. Each subgroup of the non-business legal entity distinguishes several legal forms within of which specific types of non-business entities are allocated. The author presents one’s own definition of the non-entrepreneurial legal entity, as a legal entity of public or private law, whether of corporate or unitary type, which is specially established in the different areas of social life and endowed with a special legal capacity. The non-entrepreneurial legal entity shall be entitled to carry out activities with a view to profit but it doesn’t distribute it among participants (members).

scholarly journals CUSTOMS OFFICIALS’ ADMINISTRATIVE LIABILITY FOR THE VIOLATION OF THE PROCEDURE OF INFORMATION PROVISION: PROBLEMATIC ASPECTS OF LEGAL REGULATION

2020 ◽  
pp. 17-26
Author(s):  
Ilona Mishchenko
Keyword(s):  
Public Information ◽  
Information Provision ◽  
Legal Regulation ◽  
Legal Entity ◽  
Legal Provisions ◽  
The Law ◽  
Administrative Responsibility ◽  
Prompt Response ◽  
Legal Entities

The article considers the problematic issues of bringing to administrative responsibility Ukrainiancustoms officials for violation of customs subjects’ information rights. The consequences ofnon-fulfilment and/or improper fulfilment of the Customs Code of Ukraine on advising on thepractical application of certain provisions of customs legislation, as well as on the improperproviding of information on customs rules to interested persons are analyzed. The grounds andpossibilities of bringing to administrative responsibility for violation of the procedure of customsconsulting and informing by customs authorities are compared. The legal provisions on suchliability are compared, depending on whose right (individuals or legal entities) to informationhas been violated by customs officials. The procedural features of bringing customs officers tosuch responsibility are analyzed, including the factors that complicate or make it impossible tobring them to justice. The author concludes that it is actually impossible to bring customs officialsto administrative responsibility for failure to provide customs advice, if it is initiated by a legal entity. These legal relations do not belong to the scope of the Law of Ukraine “On Citizens’Appeals”. It is emphasized the possibility of applying administrative penalties to customs officialsonly for violation of provisions of the Law of Ukraine “On Access to Public Information” inthe context of informing about customs rules. Based on the analysis of statistics, a conclusionabout the inefficiency of the entities authorized to draw up protocols on administrative offensesunder Article 212-3 of the Code of Administrative Offenses of Ukraine is made. The reasons ofthe inefficiency are the small number of such entities compared to the number of offenses, lackof prompt response for notification of violations, complicated procedure for such response, etc.The author proves the invalidity of some provisions of the Customs Code on the responsibility ofcustoms officials and suggests ways to solve this problem.

scholarly journals Peran Notaris dalam Pendirian Badan Usaha Milik Desa

2019 ◽  
Vol 1 (1) ◽  
pp. 137-157
Author(s):  
Ageng Triganda Sayuti
Keyword(s):  
Economic Activity ◽  
Third Party ◽  
Public Official ◽  
Business Law ◽  
The Status ◽  
The Village ◽  
Legal Entities ◽  
Positive Impacts

Village Owned Enterprises (BUM Desa) is an institution whose existence is mentioned in Law No. 6 of 2014 on villages to improve the village economy. The establishment of BUM Desa has many positive impacts, one of which is to increase the village's original income (PADes). From the increase of original income of the village will make the village economy and society. As a BUM Desa business entity related to third party in carrying out its economic activity. In terms of business law, a business entity is divided into legal entities and non-legal entities whose stance is made by Notaries, this paper discusses how the status of BUM Village Law agency and how the role of Notary as Public Official in the establishment of BUM Desa.

scholarly journals The Anomaly of the Village Government in Establishing Village Owned Enterprise

2018 ◽  
Vol 4 (2) ◽  
pp. 256
Author(s):  
Busyra Azheri ◽  
Upita Anggunsuri
Keyword(s):  
Economic Community ◽  
Legal Entity ◽  
The Status ◽  
The Government ◽  
Village Government ◽  
Consultative Body ◽  
The Village

Village Owned Enterprise is an important part of the form of empowerment economic community at the village. Given, the urgency of the existence of Village Owned Enterprise, the government through the Regulation of Ministry of Villages, Disadvantaged Regions and Transmigration No. 5 of 2015 stated that one of the priorities of the use of village funds is for the establishment and development of Village Owned Enterprise. While the mechanism of establishment of Village Owned Enterprise is based on the result of village consultative meeting involving element of village government, element of village consultative body, and elements of community figures. The result of the village consultative meeting is implemented in form Village Regulation. However, it causes anomaly related to the status of Village Owned Enterprise, because it does not have to be legal entity in Regulation of Ministry of Villages meanwhile it has to be legal entity in Regulation of Minister of Home Affairs No. 39 of 2010 on Village Owned Enterprise.

scholarly journals Kedudukan Hukum Wanita yang Mulih Daha di Banjar Munggu Kecamatan Mengwi Kabupaten Badung

2020 ◽  
Vol 1 (2) ◽  
pp. 142-147
Author(s):  
Ni Komang Tri Intan Suaristiwayani ◽  
I Ketut Sukadana ◽  
Diah Gayatri Sudibya
Keyword(s):  
Indigenous People ◽  
Research Method ◽  
Legal Research ◽  
Sociological Approach ◽  
Legal Provisions ◽  
The Status ◽  
The Right ◽  
The Village

For Balinese indigenous people, a woman returning to her parents’ home due to divorce has the status of mulih daha. With this status, a woman will have swadharma (obligations) and swadikara (rights) just like before the marriage took place in their respective homes. Several women who have experienced a mulih daha case have visited Banjar Munggu to regain their rights and carry out their obligations. This study examines the procedure for the return of a Balinese woman with the status of mulih daha and their customary position in Banjar Munggu Mengwi Badung. To achieve this goal, this research was conducted using an empirical legal research method with a sociological approach to law. Data were collected through selecting and summarising the data obtained from applicable legal provisions into relevant data with the object of the study. The results reveal that a woman with mulih daha status as a result of divorce does not have the right to inherit from her husband’s assets and / or that of their parents’, except from joint assets in inheritance. In Banjar Munggu Mengwi, the inheritance provisions for women with mulih daha status are clearly stipulated in the Awig-Awig of Banjar Adat, stipulating that every woman with the status of mulih daha is prohibited from joining in the village organisation.

scholarly journals Konsepsi dan Bentuk BUMDes dalam Peningkatan Kesejahteraan Masyarakat di Provinsi Jambi

Wajah Hukum ◽  
2021 ◽  
Vol 5 (1) ◽  
pp. 327
Author(s):  
Lili Naili Hidayah ◽  
Muskibah Muskibah ◽  
Ageng Triganda
Keyword(s):  
Rural Communities ◽  
Third Party ◽  
Business World ◽  
Mutual Cooperation ◽  
Village Community ◽  
Working Together ◽  
Business Entities ◽  
The Right ◽  
The Village ◽  
Legal Entities

This article discusses the concept and form of village-owned enterprises and sees how it plays a role as a way to increase the level of welfare of rural communities in Jambi Province and what are the challenges and obstacles in its implementation. The presence of this institution should be the right step in an effort to realize the welfare of the Village community, especially in the economic sector and in the context of developing rural communities, which are expected to reduce poverty. The provisions in the Village Law regarding implementing rules that want a business entity to reflect a village that has kinship and mutual cooperation and is confirmed in the Village Law that business entities owned by the village can later be legal or not legal but cannot be equated with legal entities commonly known. in the business world. Such as CV, PT and cooperatives. In the implementation of BUMdes, the problem of legal entities is often questioned by a third party when working together, so there are several obstacles to implementing BUMdes management.

scholarly journals PROBLEMS OF CIVIL LEGAL PROTECTION AND DEFENSE OF BUSINESS REPUTATION OF A LEGAL ENTITY IN UKRAINE

2021 ◽  
Vol 76 (3) ◽  
pp. 33-38
Author(s):  
Olha Bondarenko ◽  
Keyword(s):  
Legal Protection ◽  
Legal Regulation ◽  
Civil Code ◽  
Scientific Study ◽  
The Internet ◽  
The European Union ◽  
Legal Entity ◽  
The Law ◽  
Business Entities ◽  
Legal Entities

The article considers topical issues related to civil law protection and protection of the business reputation of a legal entity in Ukraine. The right to business reputation belongs to a special group of civil relations, which requires scientific study and analysis, given that there is still no legislative enshrinement of the concept of business reputation of a legal entity in the Civil Code of Ukraine. And in the time of constant socio-economic development, the relevance of the definition and legal regulation of civil relations in the field of business reputation of legal entities is significant and important because business reputation is a certain assessment of the legal entity, based on conclusions about business qualities and moral personality, which are closely related to the activities of the business entity and their compliance with the requirements of the law and the proper performance of contractual obligations to partners. The purpose of the article is to analyze, compare and study the foreign experience of the European Union to determine the optimal concept of business reputation, and provide suggestions on how to solve existing problems of protection of business reputation in violation of the Internet in our country. During the study of the issue, the basic concepts of business reputation contained in the regulations of Ukraine were analyzed. It is established that the civil legislation does not contain a definition of the term «business reputation of a legal entity», which in turn complicates the process of legal protection and protection of the business reputation of business entities. Equally important is the issue of protection against damage to business reputation on the Internet, which now affects almost every aspect of modern society. Protecting business reputation on the Internet is significantly complicated by the lag in the development of Ukrainian legislation from the realities of information technology development. If there are more or less clear ways to protect the infringed personal non-property right in traditional print media, television, then there is virtually no special regulation of relations and protection of the law on the Internet. In conclusion, we note that at the legislative level, namely in the Civil Code of Ukraine there is no legal regulation of protection and protection against violations of the business reputation of legal entities on the Internet. The problem of implementing the mechanism of protection of business reputation of a legal entity in the courts of Ukraine is relevant and unresolved and as a result requires further scientific study.

THEORETICAL AND PRACTICAL PROBLEMS OF ESTABLISHING BENEFICIARY OWNERS OF ECONOMIC LEGAL RELATIONS PARTICIPANTS

2017 ◽  
Author(s):  
Anastasiia Diadiuk ◽  
Keyword(s):  
National Level ◽  
Legal Regulation ◽  
Primary Component ◽  
Legal Entity ◽  
Insider Information ◽  
Economic Relations ◽  
Decisive Influence ◽  
The Status ◽  
Financial Monitoring ◽  
Legal Entities

The article is devoted to issue establishing and disclosing the beneficial owner by the participants of economic relations. The identification of beneficial owners is an integral and primary component of preventing and combating money laundering, terrorist financing, and the proliferation of weapons of mass destruction. The current legislation supplemented the range of persons to whom identification and verification procedures should be by trusts and «other similar (to trusts) legal entities». Nevertheless, the definition of beneficial owners in this category of persons has been complicated by the lack of proper legal regulation of trusts at the national level and lack of unification in international law. Subjects of primary financial monitoring must take into account many different types of trusts and similar structures. Trust has to be recognized even in a combination of the beneficiary and the proxy in one person. The concept of «other similar (to trusts) legal entities» should be consolidated by establishing their qualifications. The beneficial owner, unlike the beneficiary, can only be a person who has direct or indirect influence (control) over the client's activities and does not have the status of an intermediary, commercial agent, or nominal owner/holder. The features of the concepts «significant influence on the management or activity of a legal entity» and «decisive influence (control)» are analyzed. The availability of access to insider information and the possibility of its use personally or through third parties should be studied for financial monitoring purposes, as it may indicate the indirect decisive influence on a legal entity or other legal entities.

Sign in / Sign up

Export Citation Format

Share Document