5 research outputs found

    JOB CREATION LAW FOR INDONESIAN LIMITED LIABILITY COMPANIES

    Get PDF
    The concept of Limited Liability Companies is undoubtedly affected by the changes that take place. This essay will examine this issue by focusing on a few key points, contrasting the Job Creation Law and the Limited Liability Company Law from an institutional standpoint. The research's findings indicate that the idea of a company has changed. Article 1 of Law No. 40 of 2007 was amended, and the new basis is now contained in Article 109 number 1 of Law No. 6 of 2023. For this reason, the government wants to provide space for MSEs to establish business entities in the form of Individual Companies, so the government must also be consistent, namely by creating norms that differentiate the structure of Capital Partnership Companies from Individual Companies

    JURIDICAL REVIEW OF THE RIGHTS OF CIVIL SERVANTS TO OBTAIN LEGAL ASSISTANCE

    Get PDF
    The background to writing this journal is the importance of legal aid for civil servants. Where legal aid is exercised as the legal basis for legal aid, the right to legal aid itself must be guaranteed. This is in accordance with the 1945 Constitution. Article 27 (1) states that all citizens have equal status in law and government and are obliged to uphold the law and government without exception. Section 28D (1) entitles every human being to recognition, security, protection, fair legal certainty and equal treatment before the law (just and impartial courts). This study is a normative study that analyzes descriptively, using legal approaches, existing theories and expert opinion, to address the main controversial issue, namely when to seek legal assistance. The purpose is to find and answer the rights of civil servants. Legal aid is a means of upholding human rights values to create the rule of law. As a democracy based on the rule of law and in defense of human rights, everyone has the right to equal treatment and protection of the law. Civil servants are also entitled to legal assistance in accordance with the rule of law when needed. This study is very important given that governments have a duty to protect public servants in the form of legal aid. From this, it can be concluded that the civil servants right to legal aid under Article 106 of Law No. 5 of 2014 relates to the State Code of Civil Procedure. Article 308 Decree No. 11 Year 2017 on Management of Civil Servants shall only apply if the case is accepted by the court and there are limits/restrictions on the case. This is included in Social Assistance Legal Aid as the right to social assistance granted to civil servants is the right to receive social assistance which is part of the framework of social protection provided by the government to civil servants

    THE NATURE OF A LIMITED COMPANY ESTABLISHMENT: ARTICLE 7 SECTION (1) OF THE LAW #40 OF 2007 CONCERNING LIMITED COMPANIES

    No full text
    One of the elements that determine whether growth is successful or unsuccessful is how the business world is developing. The government has a responsibility to provide direction and guidance in the context of developing the business world and establishing an environment that is favorable to business and promotes economic growth. Protection extends to third parties connected to a limited liability company, such as debtors, creditors, and investors, as well as to legal topics related to the formation or dissolution of a limited liability company. The presence of this legal protection will affect legal certainty, which will eventually speed up the rotation of the national economy's wheels. As required by Article 33 of the Republic of Indonesia's 1945 Constitution, the nation's economy was to be realized by Law of the Republic of Indonesia Number 40 of 2007 concerning Limited Liability Businesses. The Legislation of the Republic of Indonesia Number 40 was in effect for 9 (nine) years. A number of flaws or gaps in the law governing limited liability companies were discovered in 2007 and must be promptly addressed through replacement to support changes in the global economy. The Law of the Republic of Indonesia Number 40 of 2007 governing limited liability companies needs to be replaced for a number of reasons, including to recognize private limited liability companies as legitimate legal entities and to address the findings of the Ease of Doing Business (EODB) survey. The foundation for a limited liability company's formation, the capital structure, and the presence of a board of commissioners are issues related to a limited liability company as a legal entity, and up until now, legal smuggling has frequently happened. The main and secondary data used in this legal study, which uses a normative juridical approach, are analyzed using quantitative analysis. The activity of creating a legal subject in the form of a legal entity in the form of a capital partnership established based on an agreement as stated in the deed of establishment of a limited liability company made through a notarial deed, as a vehicle for people to carry out business acts, is the conclusion of research on the nature of the establishment of a limited liability company in Article 7 paragraph (1) of Law Number 40 of 2007 concerning limited liability companies

    RATIO LEGIS OF CRIMINALIZATION OF BALLOT PAPER PRINTING COMPANY ACCORDING TO ELECTION LAW

    No full text
    Printing companies play a central role in the exercise of general elections. However, there have been some issues in the number of printed ballot papers not relevant to the quantity requested by the General Election Commission, and this situation is considered election crime. Article 529 of Election Law implies that the printing company concerned may be subject to imprisonment or fines, but the legislation declares that a jail sentence cannot be imposed on the company. Departing from this issue, this research aims to analyze and find the ratio legis of criminalization of a printing company responsible for producing ballot papers for general elections. With a normative method and statutory, conceptual, and historical approaches, the research discovers that a lack of inaccuracy of drafters in the making of an academic draft on elections, where the drafters ruled out the notions of experts of criminal law and Supreme Court as delivered in a legislation-making session, seemingly gives Article 529 impunity. That is, the criminal sanction that should be imposed on a printing company following ballot paper manufacturing issues governed in Article 529 of Election Law does not guarantee any legal certainty and democratic general elections with integrity. The sanctions imposed on the company concerned should only be restricted to administrative measures like fines and no incarceration should be involved

    Estimated probability of the number of buildings damaged by the floods and the cost of repairs

    No full text
    Flood disasters often cause buildings damaged, for repairs required considerable cost. This paper analyzes estimates of the probability and the number of buildings damaged by the Citarum River flood in the framework of cost recovery planning. The probability estimation of building damage was carried out using a logistic regression model with a genetic algorithm approach. The number of buildings damaged and risk of losses are estimated using the principle of expected value. The analysis shows that the probability estimator of the building damage significantly follows the logistic regression model. Meanwhile, the estimated the building damage is 349, with a loss of IDR67.80 billion. So the related parties (government, financial institutions and homeowners) should reserve the cost of repair at least worth the risk of loss, to face future flood disasters.Keywords: Citarum River; logistic regression; genetic algorithm; losses risk; expected valu
    corecore