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All Journal Jurnal Mantik Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences LEGAL BRIEF Jurnal Ekonomi, Manajemen, Akuntansi
Moh. Asep Suharna
Universitas Subang
Religion Arts Humanities Computer Science & IT Economics, Econometrics & Finance Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Implementation Of Joint Venture Agreement From Law Number 25 Of 2007 Concerning Investment Moh. Asep Suharna
Jurnal Mantik Vol. 6 No. 2 (2022): August: Manajemen, Teknologi Informatika dan Komunikasi (Mantik)
Publisher : Institute of Computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/mantik.v6i2.2481

Abstract

As a logical consequence of a joint venture, various problems arise, namely contractual problems between foreign parties and national parties in making joint venture agreements and dispute resolution issues between investors and the host country, there are doubts among foreign investors. In other words, the objectivity of the dispute resolution agency is doubtful. In Indonesia, there is a tendency for investors to choose to settle investment disputes out of court. The purpose of this study is to analyze the implementation of the joint venture agreement in terms of Law Number 25 of 2007 concerning Investment ? and problems that arise in the implementation of the joint venture agreement and how to resolve the dispute. The research method used in this research is descriptive analytical, with a normative juridical approach. This research was conducted by means of library research and field research with data collection techniques through documentation studies and interviews as well as data analysis methods used in this study using qualitative juridical analysis. Based on the results of research and discussion, the following conclusions can be drawn: First, the implementation of the joint venture agreement requires very serious handling and requires professionalism from both parties in order to avoid things that arise from the implementation of the joint venture agreement; Second, the problems that arise in the implementation of the joint venture agreement are due to the distribution of shares of 49% (national) and 51% (foreign) so that foreign companies can make important decisions because the shares are more than half, the distribution of shares is usually small, each only have only 20%, there is a transfer of shares to another party, because of dissatisfaction. The existence of these problems gives rise to investment disputes and efforts that can be made in accordance with the Capital Market Law in the form of dispute resolution by way of deliberation and consensus, arbitration or courts, and specifically for disputes between the government and foreign investors, disputes are resolved through agreed international arbitration.
Application of the Piercing the Corporate Veil Doctrine in the Accountability of the Board of Directors Linked to Law Number 40 of 2007 concerning Limited Liability Companies Moh. Asep Suharna
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 5, No 2 (2022): Budapest International Research and Critics Institute May
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v5i2.5459

Abstract

The purpose of this paper is to analyze the position of the Board of Directors in a Limited Liability Company according to Law Number 40 of 2007 concerning Limited Liability Companies, and the application of the Piercing the Corporate Veil doctrine in the accountability of the Board of Directors in relation to Law Number 40 of 2007 concerning Limited Liability Companies. The research method used in this research is descriptive analytical, with a normative juridical approach. This research was conducted by means of library research and field research with data collection techniques through documentation studies and interviews as well as data analysis methods used in this study using qualitative juridical analysis. Based on the results of the discussion above, it can be concluded: First, UUPT to some extent acknowledge the validity of this theory of Piercing the Corporate Veil. The application of this theory to the actions of a company causes legal responsibility not only to be requested from the company (even though it is a legal entity), but legal liability can also be requested from its shareholders, Directors or Commissioners. Second, The actions of the Board of Directors which are not based on the principle of fiduciary duty that cause losses to the PT, the Board of Directors can not only be fully responsible personally for the losses that occur in accordance with Article 97 paragraphs (3) and (4) of the Company Law, the Board of Directors must be responsible for the losses incurred by the company due to his or her mistakes and omissions.
Changes in the Marriage Agreement in Mixed Marriages in a Positive Indonesian Legal Perspective Moh. Asep Suharna
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (346.01 KB)

Abstract

Many cases may occur in some areas, where changes to the marriage agreement are made after the marriage takes place and the deed of amendment to the marriage agreement has been made by a notary. In view of Article 147 of the Civil Code which states that the Marriage Agreement is threatened with cancellation if it is not made by a Notary. The marriage agreement between the two prospective husband and wife is made, either in writing or in deed, either under the hand or in an authentic form made by an authorized public official. However, to provide maximum and binding protection for the parties concerned, the marriage agreement should be made in the form of an authentic deed. The purpose of this paper is to analyze the notary's responsibility for changes to the marriage agreement after the marriage and the legal consequences of changing the marriage agreement in mixed marriages for the husband and wife concerned and for third parties. The research method used in this research is descriptive analytical, with a normative juridical approach. This research was conducted by means of library research and field research with data collection techniques through documentation studies and interviews as well as data analysis methods used in this study using qualitative juridical analysis. Based on the results of research and discussion, the following conclusions can be drawn: First, if the notary commits an unlawful act in the amendment of the marriage agreement which causes harm to a third party, the notary must be held accountable for his actions by being subject to civil sanctions in the form of reimbursement of costs or compensation to the party who violated the law. harmed; Second, the legal consequences of changing the marriage agreement which have been ratified by the Marriage/Marriage Registrar and made in a Notary deed, will bind and apply as law for the parties and third parties with an interest in the amendment to the marriage agreement.
Perlindungan Hukum Terhadap Pekerja Migran Indonesia Berdasarkan Peraturan Pemerintah Nomor 59 Tahun 2021: Studi Putusan Pengadilan Negeri Nomor 338/Pid.Sus/2021/PN.IDM Mey Mawar Mona Rosanti; Ujang Charda; Sri Nurcahyani; Moh. Asep Suharna
EKOMA : Jurnal Ekonomi, Manajemen, Akuntansi Vol. 3 No. 2: Januari 2024
Publisher : CV. Ulil Albab Corp

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56799/ekoma.v3i2.2896

Abstract

The government has mandated that every worker has equal employment rights and opportunities to choose, obtain, or change jobs and earn a decent income domestically or abroad. Despite the opportunities offered, working abroad also has its risks and challenges for migrant workers, such as exploitation, discrimination, unsafe working conditions, and legal and immigration issues. The aim to be achieved in this research is to find out how legal protection is for Indonesian Migrant Workers based on Government Regulation Number 59 of 2021 concerning the Implementation of Protection for Indonesian Migrant Workers. The research method used is descriptive-analytical with a normative juridical approach through the library research stage with data collection techniques through secondary data. The lack of activity by the central and regional governments in formulating policies regarding the eradication of illegal Indonesian Migrant Worker Placement Companies is one of the causes of the problem in legal protection for Indonesian Migrant Workers.
Co-Authors Mey Mawar Mona Rosanti Sri Nurcahyani Ujang Charda