14 research outputs found

    Perkembangan Teori Hukum dan Doktrin Hukum Piercing The Corporrate Veil dalam UUPT dan Realitasnya Serta Prospektif Kedepannya

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    Legal theory was first created by the founder of the legal theory only to answer the challenge of how to act in a legal traffic laws of economics. The legal theory on its journey still needs to be refined, as it turns out there is a legal relationship and legal actions of the parties contained in the personalities behind the legal entity that has not been touched by the law. The purpose of this paper to determine the development of legal theory and legal doctrines The Corporate Veil Piercing in Limited Liability Companies Act. Legal reforms of the legal entity can be viewed from two legal milestone, the first time the birth of the legal theory that focuses on personification of legal entities as if a human and a second at the time of the birth of corporate law doctrine known as the Veil Piercing the backdrop Corporrate to uncover the veil of private law that was behind the company\u27s shareholders, the Board of Commissioners and Board of Directors, in addition to providing a theoretical foundation and philosophy so that the Shareholders, the Board of Commissioners and Board of Directors to carry out the management of the company is fair, correct and professional as well as full high integrity and are accountable to stakeholders, which the Law. 40 of 2007 on Limited Liability Companies in general have me resptie legal doctrine, however, in reality there are shareholders who violate the doctrine of the law

    State’s Loses in The Corruption Crimes of Members of The Board of Directors of State-Owned (Persero) or Regional Government-Owned Banks and Their Subsidiaries in The Provision of Credit/ Financing

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    Law No. 31 of 1999 as amended by Law No. 20 of 2001 on Eradication of Corruption Crimes provides normative direction that one of the essential things that must be proven in corruption crime is the existence of “State’s losses”. Members of the Board of Directors of State-Owned Enterprise in the form of bank, in managing of the company, especially in the provision of credit or financing, are very afraid of being accused of corruption crimes. The legal relationship between the State as a legal subject with the companies having status as State-Owned Enterprises (the Persero) is the existence of majority share ownership or controlling shares by the State in limited liability companies with Persero status. Such a legal relationship has been regulated in various applicable laws and regulations that have and are sourced from theoretical and philosophical foundations such as corporate legal doctrines for example the legal doctrine of piercing the corporate veil, the doctrine of fiduciary duty law, and the Business Judgment role. Some legal problems arise, namely how is the legal relationship of the State with State Enterprises? And can the non-performing credit or non-performing bank financing affect the value of the State’s participation in State-owned Bank /Region-Owned Bank? The legal research used in addressing the issues in question is normative legal research, and therefore the results obtained in this legal research are what they should be

    Juridical Review of Credit Collateral within Financial Engineering in Indonesia: An Introduction

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    Lending is the main business activity in the banking business. However, it should be noted that in addition to promising benefits as the main source of bank income, lending also has a high risk side for banks, namely the risk of failure to return, resulting in losses for the lending bank. To reduce this risk, before extending credit, banks must make a careful assessment of the character, ability, collateral and business prospects of the debtor. Credit collateral has an important role in lending. Creditors collateral is an additional guarantee submitted by a Debtor Customer to a bank in the framework of providing credit or financing facilities based on Sharia Principles. This paper aims to provide an overview of the juridical overview of credit collateral in financial engineering in Indonesia. The research result shows that guarantee is not an absolute requirement. Therefore, it is possible for banks to provide unsecured credit. Guarantee is only one of the conditions that must be met by the customer in addition to other conditions. However, in operational practice, in lending, banks need to require collateral in the form of assets belonging to the debtor. This is based on the premise that lending is a risky banking activity, so in its implementation, banks must pay attention to sound credit principles. Keywords: credit collateral, financial engineering, Indonesian banking system DOI: 10.7176/JLPG/121-01 Publication date:June 30th 202

    Aspek Hukum OPERASIONAK TRANSAKSI PRODUK PERBANKAN DI INDONESIA

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    Aspek hukum operasional transaksi produk perbankan di Indonesia

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    x.; 333 hal.; ill.; 19 c

    Aspek hukum operasional tranksaksi produk perbankan di indonesia simpanan, jasa, dan kredit

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    x, 333 hlm.:ilus.: 23 c

    Establishment and Development of Village-Owned Enterprises (Bumdes) Business Based on Sharia Principles and Quality Development

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    In the context of efforts to improve the economy of rural communities, the government has set up a village-owned business entity through Government Regulation of the Republic of Indonesia Number 11 of 2021 concerning Village-Owned Enterprises. Village-Owned Enterprises (BUMDes) are legal entities established by villages and/or villages to manage businesses, utilize assets, develop investment and productivity, provide services, and/or provide other types of businesses for the most significant welfare Villagers. BUMDes business is an activity in the economic sector and/or public services managed independently by BUMDes and can form a BUMDes Business Unit. BUMDes is a business entity owned by the Village BUM that carries out economic activities and/or public services as a legal entity that carries out the functions and objectives of BUMDes. In the context of developing a BUMDes business based on sharia principles and quality development, on July 16 to 17, 2022, counseling was given on establishing and developing a BUMDes business based on Sharia principles and Quality Development in Pasir Jambu village, Ciwidey Bandung, West Java

    Legal Aspects of Giving Subsidies from Government to the People Due to Oil Fuel Increase: A Case Study in Indonesia

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    Indonesia has made several increases in the price of fuel oil (BBM), most recently with the decision of the Ministry of Energy and Mineral Resources (ESDM) No. 218 K /MG .01/MEM.M/2022 September 3, 2022, set the price of fuel. The announcement of the increase was not made by PT Pertamina (Persero) (Pertamina), a legal entity that manages oil and gas, so the formal juridical announcement made by the Ministry of Energy and Mineral Resources is not in line with the principle of the authority of the board of directors to manage the company and also the principle of independence of a limited liability company as a legal separatist entity because the Ministry of Energy and Mineral Resources has interfered in the management of Pertamina. Furthermore, the Government provides subsidies to people affected by the increase in the price of fuel oil (BBM). This is also not in line with the legal principles of limited liability companies mentioned above because the subsidy should have been given to Pertamina, who was "forced" to lower oil and gas prices which resulted in the company losing money. The subsidy is given to Pertamina in the amount of the difference between the basic price and the price determined by the government. Therefore, it is appropriate to raise a legal problem: What is the legal aspect of providing subsidies from the government to the people due to the increase in fuel oil? This research uses normative legal research, so what is produced from this research is what provisions should be

    Direksi Perseroan Terbatas

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    ix,120 hal.:22 c

    Agunan Kredit Dalam Financial Engineering

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    Buku ini mengungkapkan sisi hukum atas pemberian fasilitas kredit oleh lembaga perbankan, dengan menitikberatkan pada aspek pemberian dan agunan kredit dalam berbagai pola financial engineering, sebagai bagian utama dari pelaksanaan prudential banking principles
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