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Corporate Liability for Creditorsâ€™ Losses during the Covid-19 Pandemic Johan, Suwinto; Ariawan, Ariawan
Jurnal Media Hukum Volume 28, Number 1, June 2021
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v28i1.10566

Many companies experienced bankruptcy lawsuits during the Covid-19 pandemic in 2020. This was so when the companiesâ€™ asset cannot afford their obligations upon their creditors, especially banks and other financial institutions. The creditors demanded compensation to avoid losses due to the companiesâ€™ failure in repaying their loans. The question is who should be held liable if the companies are of limited liability companies. This paper aims to examine the liability of corporation for creditors' losses. This normative legal research relies on secondary data in the form of legal materials, especially primary and secondary legal materials. The result shows that demanding compensation through bankruptcy lawsuit is not an easy task for the creditors. In fact, a separate lawsuit is required rather than incorporating it in a bankruptcy lawsuit. Even, it is not only a matter of civil case but also criminal case. Therefore, the companies may be subjected to both civil and criminal liability.

Consumer protection in financial institutions Suwinto Johan; Ariawan Ariawan
Legality : Jurnal Ilmiah Hukum Vol. 29 No. 2 (2021): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v29i2.16382

The relationship between financial institutions and customers is like two sides of a coin. On one hand, it is mutually beneficial, but on the other hand, this relationship can lead to mutual harm. Customers of financial institutions have a medium for a long-term relationships. Consumers of financial institutions generally have an average relationship of 24 months. Consumers make loan payments according to the agreed time. Customers will be able to get the right to the collateral if the loan has been paid. Conversely, if customers are unable to pay the installments on time, financial institutions will repose the collateral. From the inception of the loan to the repayment of the loan, the relationship between customers and financial institutions experiences several conditions. This research uses a normative judicial method, aiming to analyze consumer protection of non-bank financial institutions based on the existing laws and regulations. This research will focus on consumer protection from the start of the standard agreement, the fees or expenses charged, to the loan repayment mechanism. This research concludes that the protection of consumers of non-bank finance companies, especially finance companies, is still very weak. Consumer protection for finance companies, especially non-banks, has not been fully accommodated in the existing Consumer Protection Law. Therefore, the authority needs to issue a regulation in protecting the consumer in the financial industry.

ANALISIS PERLINDUNGAN HUKUM TERHADAP GANTI KERUGIAN AKIBAT INVESTASI ILEGAL Leonard Arminta; Ariawan Ariawan
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.18011

Crimes in the financial sector continue to emerge, along with various types of new investment methods. In the past people invested their money in property, foreign currency, stocks, gold and bank deposits. but now many people are investing their money into digital money. For example, crypto currency is a development and evolution of digital money. and all investments basically aim to make a profit with the money spent, but when it comes to investment then we must know that all investments have risks. but there is one risk that is worst known as fraudulent investment. where this fraudulent investment deceives its victims by investing in something that doesn't actually exist, so that there will be a time when the investment will be completely lost. and will lead to fraud to all investors on these fraudulent investment. Especially in new types of investments, even now people invest their money in trading robots. And this is triggers a lot of potential crime and fraud in investments. So the protection of laws is the most important things to get compensation in investment fraud activities.

TINJAUAN YURIDIS TERHADAP PENANAMAN MODAL ASING YANG DILAKUKAN DENGAN MENGGUNAKAN METODE PEMEGANG SAHAM NOMINEE SEBAGAI PEMENUHAN SYARAT PENANAMAN MODAL ASING DIBIDANG USAHA YANG TERBUKA BERSYARAT Daniel Daniel; Ariawan Ariawan
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.17022

The nominee agreement is an agreement that was born based on article 1319 of the Civil Code as this provision states that there are two types of agreements, namely: named agreements and unnamed agreements wherein this anonymous agreement is still recognized as long as it respects the provisions in force in the law. Civil law,as stipulated in the 1320 Civil Code, and recognized under Article 1338 of the Civil Code as an agreement that binds the parties so that the parties are obliged to heed this agreement in good faith. Investments carried out using the nominee method are not expressly and clearly prohibited because there are two recognized types of ownership, namely: Legal Owner or legal owner and beneficial owner as a settlor or arguably as Principal investor where the capital invested in a company comes from the settlor. as beneficiary owner. legally the name of the nominee is recorded in the articles of association of a company as the real owner before the law while the principal investor is the controller of the nominee. So it is difficult to deny that this method is one way for principal investors to circumvent the provisions and restrictions given by the government for them to control a certain number of shares. So that in its existence this type of agreement still exists and is still developing in the legal ecosystem in Indonesia.

PERTANGGUNGJAWABAN PLATFORM MEDIA SOSIAL INSTAGRAM SEBAGAI PENYEDIA LAYANAN IKLAN DALAM PERKARA PENIPUAN BERKEDOK ONLINE SHOP Vengga Vengga; Ariawan Ariawan
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.16993

In this era, with rapid technological advancement, nowadays people can do trade and sell using liabilityonline system, especially on the social media which is Instagram Platform. Trades carried on Instagram have a risk, because dealing without meet face to face. By Juridical, do trade and sell on Instagram is not correct/safe. So that’s why legal certainty of liability on platform provider is essential in order to protect the consumer. If the consumer got losses, legal efforts are required to ensure consumer rights. Referring to the issue, the writer conducted research using the normative method and also did interview with several sources. The result from research, shows that liability of the platform provider in the positive law of Indonesian remains inadequate and is needed in the renewal of certain legal regulation. The institutions with authority on consumer cases be supposed to always inform information about consumer right so the consumer can understand the incumbency of the consumer. Reform into laws that regulate electronic transactions is needed in order to protect consumers while doing transactions electronic.

KOMPENSASI SEBAGAI WUJUD PERLINDUNGAN HUKUM BAGI PEKERJA AKIBAT PEMUTUSAN HUBUNGAN KERJA SEPIHAK OLEH PENGUSAHA (STUDI KASUS: PUTUSAN PENGADILAN NEGERI JAKARTA PUSAT NOMOR: 210/PDT.SUS-PHI/2019/PN.JKT.PST.) Aufa Mubarok; Ariawan Ariawan
Jurnal Hukum Adigama Vol 4, No 1 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i1.18013

Protection of workers who experience termination of employment unilaterally must receive proper protection in accordance with applicable laws. In contrast to unilateral layoffs carried out by companies to workers without clear reasons and without any discussion between employers and workers, which results in workers feeling disadvantaged because the termination of employment is not in accordance with Law No. 13 of 2003 concerning Manpower. From this problem that will be discussed is how the form of legal protection for workers who experience termination of employment unilaterally, to find out the company's responsibility for unilateral termination of employment, and to know the efforts made by workers who experience termination of employment unilaterally. The author uses normative legal research methods and uses interview data as supporting data. The results of the study reveal that workers who experience unilateral termination of employment can try to resolve disputes with the company through a bipartite process, if the bipartite process fails then it can be continued with the tripartite method through mediation. If there is no agreement between the worker and the entrepreneur, the dispute can be resolved through the industrial relations court.

ANALISIS KEABSAHAN DAN EFEKTIFITAS HUKUM PELAKSANAAN RAPAT UMUM PEMEGANG SAHAM (RUPS) PERSEROAN TERBATAS YANG DILAKUKAN SECARA DARING (ONLINE) Harry Harry; Ariawan Ariawan
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.17814

As time goes by, of course, Science and Technology continues to develop, so that there are facilities such as internet networks and electronic media that can be used for two-way communication and allow each other to see each other such as chat, teleconference and video-conference . The implementation of the General Meeting of Stakeholders (GMS) can also be carried out by teleconference, considering the cost and time efficiency.This study aims to determine the mechanism of the general meeting of shareholders limited with online media as well as the validity of the statement on the minutes of the meeting decision general meeting of shareholders limited liability company that carried out through media teleconference by positive law in Indonesia and to review the legal effectiveness of holding general meeting of shareholders with online media

ANALISIS TANGGUNG JAWAB PT. SUMBER ALFARIA TRIJAYA TBK TERHADAP PENGGUNAAN UANG KEMBALIAN KONSUMEN BERDASARKAN UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN TERKAIT PUTUSAN MAHKAMAH AGUNG NOMOR: 533 K/PDT.SUS-KIP/2018 Federico Octaviano B.; Ariawan Ariawan
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.16981

Alfamart collects funds through the use of consumer change. The problem faced is the responsibility of PT. Sumber Alfaria Trijaya Tbk on the use of consumer change based on Law Number 8 of 1999 concerning Consumer Protection related to Supreme Court Decision Number: 533 K/Pdt.Sus-KIP/2018. The research method used in this paper is a normative juridical research method. The results showed that PT. Sumber Alfaria Trijaya Tbk to collect funds through the use of consumer change based on Law No. 8 of 1999 is based on the distribution mechanism of the results of public donations conducted by PT. Sumber Alfaria Trijaya Tbk, which throughout 2015 has collaborated with 8 credible foundations on a national and international scale. This can be proven by the Decree of the Minister of Social Affairs regarding the procedure for collecting donations, program period, donation collection area, beneficiary foundations, and also the obligation to disseminate information to the public in which the letter was officially issued by the Ministry of Social Affairs so that in its role as perpetrators of collecting donations who already have legal force. For the Alfamart or other business actors who raise social funds by quoting consumer change, it is expected to be able to carry out accountability to the public who have participated in donating by making financial reports that can be accounted for and easily accessible by the public

Corporate Liability for Creditors’ Losses during the Covid-19 Pandemic Suwinto Johan; Ariawan Ariawan
Jurnal Media Hukum Volume 28, Number 1, June 2021
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v28i1.10566

Many companies experienced bankruptcy lawsuits during the Covid-19 pandemic in 2020. This was so when the companies’ asset cannot afford their obligations upon their creditors, especially banks and other financial institutions. The creditors demanded compensation to avoid losses due to the companies’ failure in repaying their loans. The question is who should be held liable if the companies are of limited liability companies. This paper aims to examine the liability of corporation for creditors' losses. This normative legal research relies on secondary data in the form of legal materials, especially primary and secondary legal materials. The result shows that demanding compensation through bankruptcy lawsuit is not an easy task for the creditors. In fact, a separate lawsuit is required rather than incorporating it in a bankruptcy lawsuit. Even, it is not only a matter of civil case but also criminal case. Therefore, the companies may be subjected to both civil and criminal liability.

Perlindungan Hukum Bagi Pihak Pembeli dan Kreditur Atas Pemblokiran Sertifikat Hak Milik dalam Pelaksanaan Pengikatan Perjanjian Jual Beli Tanah Prihadiansyah, Alit Nurfatah; Ariawan, Ariawan
Syntax Literate Jurnal Ilmiah Indonesia
Publisher : CV. Ridwan Publisher

Mengikat jual beli tanah dengan status Sertifikat Hak Milik merupakan tindakan hukum awal yang mendahului tindakan hukum jual beli tanah. Akta pengikatan jual beli tanah dalam praktiknya sering dilakukan dalam bentuk akta otentik yang dibuat di hadapan Notaris, sehingga Akta Pengikatan Jual Beli adalah akta otentik yang memiliki kekuatan bukti sempurna. Berdasarkan uraian tersebut, ditetapkan 2 (dua) formulasi permasalahan, yaitu: (1) apakah akta pengikatan penjualan dan akta kekuasaan penjualan yang telah dilakukan sebelum Notaris dapat diminta pembatalan oleh pemilik petok; dan (2) apa perlindungan hukum bagi pembeli Sertifikat Tanah Milik. Metode penelitian yang digunakan adalah penelitian yuridis normatif. Hasil penelitian ini adalah bahwa pembeli tanah yang telah disertifikasi yang telah terbukti membeli dengan Kekuatan Jual Beli Yang Mengikat, terutama sertifikat tersebut telah benar asalnya dan telah diterbitkan lebih dari 5 (lima) tahun tidak mengajukan klaim, maka klaim atau keberatan pihak yang dirugikan dengan penerbitan sertifikat tersebut dianggap batal.

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