Implementation of pricing the corporate value in Indonesia

In principle and classically, by applying the theory of piercing the corporate veil, then the shareholder is usually asked for responsibility for the activities undertaken by the company. However, in that case, the responsibility burden is also transferred from the company to other parties other than shareholders. For example, the burden of responsibility is transferred to the Board of Directors or Commissioners. Act no. 40 Year 2007 on Limited Liability Company was formed in the era of globalization. Therefore, it is not surprising that the various legal doctrines affect the content of the Company Act above, including the legal doctrine of the common law system. In this regard, in the discussion of the responsibilities of the Organ Company Limited will be associated with legal doctrines, especially those that have been manifested in the articles on the Act of a limited liability company.peer-reviewe

Kepastian Hukum Kewenangan Nazhir: Ruislag Tanah Wakaf Untuk Kepentingan Bisnis

Regulation Legislation Endowments to property that is already in endowments is prohibited to do exchange (ruislag), excluded when ruislag used for public interest in accordance with the general plan spatial layout under the provisions of the legislation applicable and does not conflict with sharia. This research is descriptive research analysis using normative juridical approach, the research literature that focuses on secondary data by conducting a study or a thorough analysis and depth to the entire of secondary data adapted to the problem in this research. The results showed that to exchange (ruislag) of waqf land for business is one from the other forms of legal interest in doing ruislag for waqf property which is not stipulated in the regulations of endowments. Based on the decision of Judicial Review (PK) The Supreme Court No. 27 PK / AG / 2008 Nazhir convicted for committing an unlawful act on the land of endowments that is ruislag for the benefit of textile business. Should be Nazhir in doing ruislag to property that is already in endowments guided by the procedures and requirements set forth in Regulation Legislation Endowments applicable especially Article 41 in Act No. 41 of 2004 on endowments set ruislag only in the public interest

Penerapan Parate Eksekusi Atas Hak Tanggungan Oleh Perusahaan Modal Ventura

The purpose of this research is the Parate Executie of the Court of First Instance and/or Private Sales, the one of business activities of a Venture Capital Company (PMV) is financing/capital participation in an Investee Company for a certain period of time based on the profit sharing agreement. This research using a normative juridical legal research conducted as an effort to obtain the necessary data with respect to the problem. The data used are secondary data consisting of primary legal materials, secondary legal material, and tertiary legal materials. The primary data are also used to support secondary data. The data analysis was conducted using qualitative normative analysis. The research results it was concluded that the implementation of the settlement of non-performing finance can be done through Parate Executie in a manner as referred to in A). Article 20 paragraph (1) letter “a” in conjunction with Article 6 in conjunction with; B). Article 14 paragraph (2) in conjunction with Article 20 paragraph (1) and/or C). Article 20 paragraph (2) of Law on Mortgage Rights, that is selling the mortgage rights object on its own authority through a public auction according to the procedures as specified in the laws and regulations; and the petition for Fiat Executie by a Court of First Instance for the execution of mortgage rights is based on title executorial; and the settlement of non-performing finance is through the Private Sales against the collateral that has been tied by Mortgage Rights

Perlindungan Hukum Atas Kreditur Yang Menggunakan Jaminan Personal

Personal guarantees embodied in the agreement do not stipulate special conditions that require the guarantor to submit something tangible which will make it easier for the creditor to take action if the debtor defaults and guarantor breaks promises, this is what makes the underwriting agreement less meaningful or meaningful in its function as collateral which is manifested in a separate deed, individual guarantee seems to be only a moral obligation. The method used in this research is normative juridical research, the data used is secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. For data analysis, it was done by using qualitative juridical analysis method. The research results show that, it is still difficult to ask for the credit agreement arrangement and the provisions in the clause or individual guarantee conditions that can provide legal protection for creditors. In the implementation of billing bad credit through personal guarantees through the court by executing confiscation of guarantees against the assets of the personal guarantor, the results have not been optimal, because the personal guarantee agreement does not include information on the assets of the insurer and clauses that are compelling or binding on the assets of the insurer, so that in practice the court will have difficulty executing the property of the personal guarantor

Harmonization of the UNIDROIT Principles into the Indonesian Legal System to Achieve Justice of Factoring Contracts

In light of globalization of economy, the need for a new trading model, either at local or international level, as a matter of fact, is also increasingly growing along with time, including the presence of an institution that deals with the issue factoring as well. Referring to the present practice of factoring, there are still some legal problems arising, which is all due to injustice in the making of factoring contract. The underlying problems are: Why can the role of equilibrium and openness principles can ensure the fair factoring contracts for all parties involved, in Indonesia? Why does the contract legal system in Indonesia remain to create legal obstacles in the practice of factoring contract in Indonesia? And, why do we need to harmonize the legal principles of UNIDROIT commercial contract into the system of contract law applicable in Indonesia, most especially in the factoring contract? This dissertation research employs what is so called normative research method departing from literature sources and some qualitative secondary data. Based on the results of analysis, it is discovered that the role of equilibrium and the principles of openness, in order to create a fair factoring contract for all parties involved in Indonesia, are of the essential elements in the making of fair contracts. This conclusion is based on the theory applied by Adam Smith and John Rawls. One of the legal constraints in the development of factoring contract in Indonesia is due to the lack of both arrangement and contents of the Indonesian Civil Code, which is not yet specifically detailing the pre-contractual activities, as a preliminary process that provides opportunities for all parties involved to do negotiation based on the principle of equilibrium and openness. Since the principle of equilibrium and openness is deemed necessary, then the harmonization of the principles of UNIDROIT into the system of contract law applicable in Indonesia is of a way out to fill in the gap of the Indonesian Civil Code – because there are some similarities between the principle of UNIDROIT and the structure of legal components, substance and culture of the Indonesian Legal System. It may be strongly advises the government and the legislative council to soon set up immediate steps to pass a law that is specifically governing the practice of factoring by harmonizing UNIDROIT Principles into the Indonesian Civil Code. Keywords: UNIDROIT principles, fairness, justice, factoring contrac

Sengketa Perjanjian Jual Beli Tanah Dalam Perkembangan Hukum Perjanjian Nasional: Perspektif Hakim

This research about the discovery of the law by the judge as stipulated in the rulings, particularly in the purchase agreement of land dispute has spawned some of the rules of law as well as annotation of the dedsion which not only applies to the parties that the litigants,but the rule of law and annotations such decision has contributed to the development of na- tional contract law. This research using descriptive analytic conceptual approach for the rule of law is derived from the discovery of the law by judges and the rule of law was raised surface and serve as the rule of law which further guidance in terms of buying and selling land, espedally customary land.Implementation of the discovery of the law by the judge has given a positive contribution to the development of national legal development, particularly for the development of contract law that con- tinues to evolve with the dynamic development of sodety. Keywords: Purchase agreement, discovery of the law, national contract la

Penerapan Asas Keseimbangan Dalam Perjanjian Kerja sama Penyediaan Layanan Sebelum Penerbangan

The Cooperation Agreement of Provision of Pre-Flight Services is signed by the Secretary General of the House of Representatives of the Republic of Indonesia (as The First Party and the Service User) and the Director of Operations of PT Garuda Indonesia Tbk (as The Second Party and the Service Provider). The principle of proportionality becomes very important in this Cooperation Agreement with an assumption that if the positions of the rights and obligations of The Parties in this agreement are equal then it is felt fair by both parties. The study was conducted by using Normative Juridical method. In writing this thesis, the author examines the Document of Cooperation Agreement of Provision of Pre-Flight Services Between the Secretariat General of the House of Representatives of the Republic of Indonesia and PT Garuda Indonesia (Persero) Tbk Year 2016, in particular the rights and obligations of The Parties contained in Article 7 and Article 8. The author also conducted interview to the service user, service provider and experts in the agreement field. Based on researcher’s analysis, the implementation of the Cooperation Agreement of Provision of Pre-Flight Services is not equal so it is unfair. If the Cooperation Agreement is to be extended for the Year 2018, it is recommended to the Secretariat General of the House of Representatives of the Republic of Indonesia to renegotiate Article 7 and Article 8 which regulate the rights and obligations of The Parties so that it can be reviewed and modified based on what is expected

Pertanggung Jawaban Hukum Atas Terjadinya Wanprestasi Dalam Penerapan Perjanjian Sewa Pesawat

The practice of aircraft lessor company with aircraft lessee company may allow “default” because one party does not fulfill its obligations properly and correctly in accordance with the contents of the aircraft lease agreement the. The method used in this research is normative juridical research supported by empirical juridical research. The data used are secondary data composed of primary law, secondary law materials and materials law tertier. In addition the primary data is also used as the supporter of the legal materials of secondary data. For the data analysis was done with a qualitative analysis of the juridical method. The results showed that PT. Air Born Indonesia’s responsibility to lease aircraft in aircraft lease agreement lease agreement air transportation can be categorized as a reciprocal or bilateral agreement. In this case PT Air Born Indonesia as the holder does not fulfill the obligations as agreed in the agreement for not paying the De Havilland Canada DHC-6/300 Twin Otter MSN 518 PK-BAF registration fee corresponding to the amount rent with a specified time, changing the aircraft without the knowledge of Unity Group Ltd, operating the aircraft not in accordance with the agreement, then it is said to have made a default

Reformulation of Work Relationships on the Outsourcing System in Indonesian Order to Protecting the Rights of Workers

The research entitled Reformulation of Work Relationship Norms in the Outsourcing System in Indonesia in the Framework of Protecting Workers' Rights was carried out based on normative legal research methods. Based on the analysis and study, it is found that in the Manpower Law, there are 2 (two) types of work agreements that are applied in the outsourcing system, namely a work agreement for an unspecified time (PKWTT) and a certain time work agreement (PKWT).  In each outsourcing company, it is regulated with the option that the work relationship at the company receiving the contract, the option is PKWTT, but it can be agreed upon through PKWT if it meets the requirements of Article 59 (Law No.13 / 2003). Whereas the work relationship option for a company providing worker / labor services is basically PKWT if it meets the requirements referred to in Article 59 (Law No.13 / 2003), but if it does not meet the requirements of Article 59, the working relationship must be PKWTT as long as it is made in writing and signed handle the parties. However, it turns out that Article 59 of the Law No. 13 / 2003 not only regulates the terms of PKWT, but also regulates 2 (two) possible choices of types of work agreements for a job, namely: first, Article 59 paragraph (1) of Law of the Republic of Indonesia. No. 13 of 2003 concerning work relations through PKWT, and second, Article 59 paragraph (2) of Law of the Republic of Indonesia. No. 13 of 2003, regarding employment relations through PKWTT. In relation to the working relationship of the contracting recipient company, the Elucidation of Article 59 paragraph (2) states that part of the production process cannot be agreed upon through PKWT. Meanwhile, in the outsourced work contracting agreement, the option is a work relationship through PKWT or PKWTT. Thus there is a conflict of norms, between the norms of work relations in the outsourcing system required by the employer (user), and the norms that are applied to the outsourcing company. However, outsourcing companies continue to implement a working relationship through non-permanent contracts. As a result, there are at least 15 (fifteen) basic rights, including the constitutional rights of outsourced workers / laborers that are lost or cannot be realized. For this reason, presumably the laws and regulations regarding labor made during the Dutch East Indies government (in Indonesia) are more structured in accordance with the hierarchy of laws and regulations and are harmonious both vertically and horizontally and are coherently intertwined with one another. There is no sectoral ego and no interest from certain parties, so that it can last for decades or even more than one hundred years until now. Even though during the Dutch colonial period, the political law that was enforced was how to regulate the colony so that the monopoly on natural resources could be controlled. In this regard, it is suggested that in the formulation of laws and regulations it can be guided by the laws and regulations at that time which are completely clean from the secular ego without any interest from certain parties. The norms of working relations in the outsourcing system in Indonesian legislation are not harmonious and coherent. Between one another there is a discrepancy and conflict of norms. Therefore, it is necessary to reformulate (rearrange) so that each content of legislation is coherent (interlinked with one another) and reflects the principle of legal certainty, harmony and harmony, so that it can provide protection (protection) to all parties in an equitable manner. Keywords: Reformulation; Work relationship; Transfer System; Legal Protection DOI: 10.7176/JLPG/103-10 Publication date: November 30th 202

Alignment of Outsourcing Agreement on Protection Law and Justice

One of these systems outsourcing, in practice often raises the pros and cons even cause problems. The problem is why research in the outsourcing agreement must have harmony with the principles of contract law? and how legal protection for workers/laborers and employers in the outsourcing agreement with the labor Law No. 13 Year 2003 on Employment associated with Court Decision No. 27/PUU-IX/2011?. This research methods using empirical juridical normative juridical supported/sociological and comparative law. Commonly used secondary data. Based on the results of analysis show that the employment agreement outsourcing based on the principle of freedom of contract and the principle of the deal. Each of these parties do not have equal bargaining power, so it does not provide legal protection for workers/laborers. Preparation and implementation of the outsourcing agreement is based on the alignment of the entire principle or principles that exist in the law of contract, is a unity, without prioritizing or separating principle that one with the other principles and serve as the frame of the treaty