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Normative Character of E-RUPS Implementation Share Open Company Ikhsan Lubis
DE LEGA LATA: JURNAL ILMU HUKUM Vol 7, No 1 (2022): Januari-Juni
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (232.108 KB) | DOI: 10.30596/dll.v7i1.8081


This study aimed to analyze the normative character of the application of the provisions of POJK No. 15/POJK.04/2020 and POJK No. 16/POJK.04/2020 holding the General Meeting of Shareholders electronically (abbreviated: e-GMS) for Public Companies, and the type of research used was normative legal research. This research used several approaches, such as: statute approach (legal approach) and conceptual approach (concept approach), and the results of the research showed that the implementation of the e-GMS is regulated in POJK No. 15/POJK.04/2020 and POJK No. 16/POJK.04/2020 can be used as a legal basis that can provide legal certainty in the context of organizing e-GMS for Public Companies through the implementation of procedures and procedures for determining the location of the GMS, fulfilling the attendance quorum, decision-making quorum and the form of minutes of GMS decisions by using teleconferencing media, video conferences, or other electronic media means
Transformasi Digital Penyelenggaraan Rapat Umum Pemegang Saham Perseroan Terbatas Ikhsan Lubis
Jurnal Ilmiah Penegakan Hukum Vol 8, No 2 (2021): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v8i2.5877


This study aims to see the development of Digital Transformation as the application of digital technology related to changes in interaction patterns in all aspects of human life, and the development of the cyber notary concept is no exception. The legal validity of electronic documents was further strengthened by the issuance of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Electronic Information and Transactions. This research is a normative juridical research and analytical descriptive using a statutory approach, a conceptual approach, and a case approach. Data analysis was carried out qualitatively. The results of the study indicate that the legal validity of the notarial deed at the GMS of a Limited Liability Company through teleconference with electronic media where it is mandatory to use an affirmation mechanism and/or other procedures that provide the intent and purpose of the signing to be bound in an electronic transaction. As for the deed of the GMS teleconference, it is classified as a relaas deed and based on the provisions of the relaas deed, the notary's statement is in the form of a deed (the validity of the teleconference GMS can be ascertained).
Penetration of International Economic Law in the Development of the Cyber Notary Concept in Indonesia Ikhsan Lubis; Tarsisius Murwadji; Detania Sukarja; Rosmalinda
Al-Risalah Vol 22 No 1 (2022): June 2022
Publisher : Faculty of Sharia, Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (370.915 KB) | DOI: 10.30631/alrisalah.v22i1.868


This study aims to describe the penetration of international economic law in the development of the cyber notary concept in Indonesia. The development of the world today, which has entered the Industrial Revolution 4.0, has forced international law to develop the idea of a cyber notary. It needs to be conducted because Indonesia has no legal instrument to regulate cyber notaries. This study adopts legal research conducted to examine the problem in a normative juridical approach where the author examines various laws and regulations because normative juridical conceptualizes law as a written norm and is poured into legislation used as a benchmark for the community. The study results indicate that various legal instruments have been established, such as legal norms regarding Cyber Notaries in Indonesia, which are contained in the Act, in particular a. Law No. 2 of 2014 concerning amendments to Law No. 30 of 2004 concerning the Position of a Notary. Law No. 11 of 2008 concerning Information and Electronic Transactions (UU ITE), Law No. 40 of 2007 concerning Limited Liability Companies.