2016http://repository.president.ac.id/xmlui/handle/123456789/12462024-03-29T08:21:18Z2024-03-29T08:21:18ZLEGAL CONSEQUENCES FOR THE REAL SHAREHOLDERS BY HAVING FICTIVE SHARES ON LIMITED LIABILITYPurba, Elsa Perdalinta Vitalokahttp://repository.president.ac.id/xmlui/handle/123456789/106092022-11-17T06:01:36Z2016-01-01T00:00:00ZLEGAL CONSEQUENCES FOR THE REAL SHAREHOLDERS BY HAVING FICTIVE SHARES ON LIMITED LIABILITY
Purba, Elsa Perdalinta Vitaloka
This research have the objective as to analyze about the Limited Liability that having Fictive Shares. To analyze this case there are 2 (two) issue that will explain. First, see from the legal consequences for the shareholders which are having fictive shares on his Limited Liability; second, the legal certainty for the shareholders that are written in the authentic deed. Research method that is used is Normative Legal research, so the proper approach is statute approach that using regulation and Law also Law books that is can be as references. This research using Normative Legal research because for analyze the problem about the Fictive Shares must be seen from Law and others regulation that related to. In this research using Law No. 40 of 2007 concerning Limited Liability.
Trust to others is one of human nature. Make a deal with basic of “trust” without make a written agreement still happens until now. But in business, trust not the only one reason to make an agreement. Fictive Shares which is analyze in this research is one of case of establishment the Limited Liability that is started by trust each other. In this Fictive Shares case will analyze about the legal consequences by having fictive shares and the legal certainty for the shareholders as written in deed.
The result of this research are first, as De Facto, when someone’s name was listed as a shareholders in the Deed, legally he is a shareholders on that Limited Liability; second, as De Jure, this case does not directly obey the regulation because there is no specific Law concerning Fictive Shares.
2016-01-01T00:00:00ZJURIDICAL REVIEW RELATED TO THE WEAKNESSES OF ARTICLE 2 PARAGRAPH (1) OF LAW NO. 37 OF 2004 CONCERNING THE BANKCRUPTCY AND SUSPENSION OF PAYMENT AND AN EFFORT TO PROTECT THE RIGHTS OF DEBTORHutasoit, Ruth Lambok Lunarishttp://repository.president.ac.id/xmlui/handle/123456789/106082022-11-17T05:55:26Z2016-01-01T00:00:00ZJURIDICAL REVIEW RELATED TO THE WEAKNESSES OF ARTICLE 2 PARAGRAPH (1) OF LAW NO. 37 OF 2004 CONCERNING THE BANKCRUPTCY AND SUSPENSION OF PAYMENT AND AN EFFORT TO PROTECT THE RIGHTS OF DEBTOR
Hutasoit, Ruth Lambok Lunaris
Bankruptcy Law is a that expected to create balance between debtor and creditor, to protect the rights of debtor and creditor, and also to create a conducive economic situation in Indonesia. Bankruptcy is a condition where a company does not fulfill the obligations as a debtor, declared bankrupt. Bankruptcy terms contained in article 2 paragraph (1) of the Bankruptcy Act no.
37 of 2007 have many weaknesses seen from many aspects. The conditions of
bankruptcy petition that written in Art 2 Paragraph (1) are made very simple that
it could open broad opportunities for creditor to easily petition bankruptcy against
his debtor. There is no requirement that the debtor should be in the state of
insolvency before he can be petitioned for bankruptcy. There are several words in
Article 2 Paragraph (1) that cannot implement well, because it contains the
meaning that is not in accordance with the interests of debtors and creditors.
This Qualitative Research is using Normative Methodology, and Law No.
37 of 2004 as the Primary Data, and also any Books, Related Law and Regulation,
and also an Interview with Mr. Sutan Remy Sjadeini as the Secondary Data. This
Research is also using Statue Approach, Conceptual Approach, and also Case
approach such as the bankruptcy case of PT. Telkomsel and PT. Asuransi Jiwa
Manulife Indonesia (AJMI).
These things could be deemed as shortcomings that Article 2 Paragraph (1)
of Law 37/2004 related to terms and conditions of the bankruptcy petition that
less protective to the legal interest of the debtor. Therefore, the Indonesia
bankruptcy law should be improved and revised in the future to provide equal
protection for the creditor, debtor and also the stakeholders.
2016-01-01T00:00:00ZLEGAL ANALYSIS ON THE DEBT TO EQUITY CONVERSION IN SUKUK IJARA DEFAULT: A CASE STUDY OF THE DEBT RESTRUCTURING IN PT BERLIAN LAJU TANKER TBKYana, Rahadiyanhttp://repository.president.ac.id/xmlui/handle/123456789/106062022-11-17T06:06:38Z2016-01-01T00:00:00ZLEGAL ANALYSIS ON THE DEBT TO EQUITY CONVERSION IN SUKUK IJARA DEFAULT: A CASE STUDY OF THE DEBT RESTRUCTURING IN PT BERLIAN LAJU TANKER TBK
Yana, Rahadiyan
Indonesia has been projected as the future largest market of Islamic finance. Since
its incorporation of first Islamic institution in 90s, the government keeps being
productive in preparing comprehensive legal frameworks to meet the market
needs. However, the dispute settlement provision might have been missed the
authority, causing uncertainty in the dispute in Islamic finance.
The first Sukuk Ijara default in Indonesia has drawn attention of Islamic financiers
in the world. On the institutional level, various organization are addressing the
issue, there are also tendencies towards standardization of Islamic debt
restructuring. This phenomena are combining many aspects of law substance,
culture and structure in many jurisdiction to for a new legal system, albeit one
with particular characteristics. This system has matured sufficiently to merit
categorization as a separate field of bankruptcy, insolvency and debt restructuring:
a standard of debt to equity conversion in Islamic finance.
Therefore, to provide certainty in the Islamic finance specifically in the dispute
settlement is integral, should be incorporated to meet the market needs.
2016-01-01T00:00:00ZLEGAL ANALYSIS ON THE IMPLEMENTATION OF BEKASI LOCAL REGULATION NO. 10 YEAR 2011 CONCERNING GENERAL PROVISION ON THE ORDERLINESS, CLEANLINESS, AND BEAUTY IN RELATION WITH THE FULFILLMENT OF ECONOMIC, SOCIAL, AND CULTURAL RIGHTS OF STREET VENDOR IN BEKASIKamaruddin, Indrianahttp://repository.president.ac.id/xmlui/handle/123456789/106052022-11-17T06:06:07Z2016-01-01T00:00:00ZLEGAL ANALYSIS ON THE IMPLEMENTATION OF BEKASI LOCAL REGULATION NO. 10 YEAR 2011 CONCERNING GENERAL PROVISION ON THE ORDERLINESS, CLEANLINESS, AND BEAUTY IN RELATION WITH THE FULFILLMENT OF ECONOMIC, SOCIAL, AND CULTURAL RIGHTS OF STREET VENDOR IN BEKASI
Kamaruddin, Indriana
The General process of government’s administrative actions can be observed by examining particular program.. Once the program is set some activities will be arranging to achieve goals. Based on regional autonomy, local government can manage its area base on regional autonomy regulation. Accordingly, local governments introduce policies in their regions with special purpose. For example, the government of Bekasi city issued a policy, namely Local Regulations No. 10 Year 2011 concerning General Provision on the Orderliness, Cleanliness, and Beauty to solve the problem of street vendors in the Bekasi City.
Street vendors become a problem in Bekasi city. Street vendors are not regulated in Bekasi local regulation, therefore they are considered illegal. The Bekasi government conduct some actions to “regulate” the street vendors which in turn affect to their economic, social, and cultural rights. This research discusses the implementation of the Bekasi government in implementing local regulation No. 10 Year 2011 concerning General Provision on the Orderliness, Cleanliness, and Beauty and its impact to economic, social, and cultural rights of street vendors in Bekasi.
At the end of the research, the author finds that, implementation of Local regulation No. 10 Year 2011 concerning General proviton, orderliness, cleanliness, and beauty has not been properly implemented by government of Bekasi City and it would give negative impact for street vendors because the implemented of local regulation contradict with economic, social, and cultural rights and constitution.
2016-01-01T00:00:00Z