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All Journal MIMBAR (Jurnal Sosial dan Pembangunan) JURNAL HUKUM ISLAM
Ratna Januarita
Universitas Islam Bandung
Religion Economics, Econometrics & Finance Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : MIMBAR (Jurnal Sosial dan Pembangunan)

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The Newly Sole Proprietorship as Limited Liability Company in Recent Indonesian Company Law Ratna Januarita
MIMBAR (Jurnal Sosial dan Pembangunan) Volume 37, No. 1, Year 2021 [Accredited Sinta 2] No 10/E/KPT/2019]
Publisher : Universitas Islam Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (272.732 KB) | DOI: 10.29313/mimbar.v37i1.7771

Abstract

The recent Omnibus Law provides significant changing in the company legal order since the issuance of Government Regulation No. 8 of 2021. Under this GR, the sole proprietorship became a limited liability company. However, the liability construction of this newly born has not been regulated clearly and firmly and creates legal uncertainty. The purpose of this article is, first, to determine the appropriate liabilities of SPLLC (Sole Proprietorship as Limited Liability Company) and its founder, and second, to review and develop the legal mechanism for government to provide legal certainty. The study uses the normative juridical method with descriptive-analytical specifications. The study found that the absence of regulation on liability creates ambiguity and legal uncertainty on the appropriate liability for the new form of company. Finally, the study concludes that the appropriate liability of SPLLC and its founders should be determined firmly. Furthermore, three models of liability construction of the business owner are offered, including SPLLC with unlimited liability, SPLLC with limited liability, and SPLLC with certain liability.
Small Claim Court in Sharia Economic Dispute Settlement: Overview of Sharia Economic Principles Neni Sri Imaniyati; Ratna Januarita; Muhammad Faiz Mufidi; Panji Adam Agus Putra; Yoghi Arief Susanto
MIMBAR (Jurnal Sosial dan Pembangunan) Volume 38, No. 1, (June, 2022) [Accredited Sinta 2] No 10/E/KPT/2019]
Publisher : Universitas Islam Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (35.143 KB) | DOI: 10.29313/mimbar.v0i0.8597

Abstract

The Supreme Court as the highest judicial body has issued special regulations related to sharia economic disputes settlement. This study aimed at, first, analyzing the implementation of sharia economic disputes based on small claim court in terms of sharia economic principles; second, discovering the relevance of small claim court in sharia economic disputes settlement with Islamic judicial system. This study used normative juridical approach, with library study as data collection technique, and descriptive method. The results show that, first, the implementation of small claim court in sharia economic dispute settlement in Religious Courts still has a contrary process to sharia economic principles, namely the principle of justice and the principle of responsibility; second, there is relevance between the concept of small claim court in sharia economic dispute settlement and the jurisdiction of Islamic judicial system from the aspect of authority, nominal number of cases, and philosophical legal formation. 
Co-Authors M Faiz Mufidi Nandang Sambas Neni Sri Imaniyati Panji Adam Agus Putra Rimsyahtono Rimsyahtono Yoghi Arief Susanto