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KEDUDUKAN DAN RELASI PERTANGGUNGJAWABAN HUKUM ANTARA ORGANISASI SAYAP PARTAI POLITIK TERHADAP PARTAI POLITIK Ibnu Sina Chandranegara; Muhammad Ali; Surohmat Surohmat; Andisa Sekarani Wibowo; Muhammad Lutfiadi
FAIRNESS AND JUSTICE Vol 18, No 1 (2020): FAIRNESS AND JUSTICE
Publisher : Universitas Muhammadiyah Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32528/faj.v18i1.6524

Abstract

In Article 12 point j of Act Number 2 of 2008 concerning Political Parties, a political party has the right to form and have a Political Party Wing Organization.  However, there hasn’t been a further or a specific Political Party Wing Organization regulation both in the elucidation of the Act and the implementation regulations of the Act. This study has the main objective to find the legal status of the Political Party Wing Organization in Indonesia. This research is a normative juridical research. This study concluded that the legal status of the Political Party Wing Organization can be regulated as a public legal entity which is a part of the political party or an independent legal entity. We strongly suggest the regulation of the Political Party Wing Organization must be specified as a chapter in the Political Parties Act or perhaps as a new Act.
Transfer of Shares to Third Parties as an Event of Failure of Repo Transactions According to Pojk Number 9/Pojk.04/2015 Andisa Sekarani Wibowo; Henni Wijayanti
Journal of Social Research Vol. 2 No. 3 (2023): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v2i3.704

Abstract

According to Article 1 number 1 of POJK No. 9/POJK.04/2015, the Repurchase Agreement Transaction hereinafter referred to as the Repo Transaction, is a contract to sell or buy securities with the promise of buying or selling again at a predetermined time and price. The essence of a repo transaction, that is, the Seller can buy back the securities he has sold to the Buyer at the price and at the specified time. However, such securities have often been sold by the Buyer to a Third Party before the expiration of the repurchase period. In this journal research, the author uses a case approach with a juridical-normative method, namely legal research carried out by examining library materials or secondary data as basic material for research by conducting a search for regulations and literature related to the subject matter under study. The results showed that the mechanism for transferring shares of Public Companies through repo transactions according to POJK No. 9 / POJK.04 / 2015 consists of 2 buying and selling transactions known as the first leg and second leg and is generally carried out through the negotiation market. Furthermore, the results showed that the transfer of MYRX shares by buyers to third parties was an event of repo transaction failure. The explanation of Article 3 paragraph (3) of POJK No. 9/POJK.04/2015 has outlined several circumstances that are classified as events of default, one of which is the failure to fulfill its obligations related to Repo Transactions. This is because the transfer of shares by the buyer to a third party causes the seller to be unable to repurchase the shares he has sold, so the Buyer fails to fulfill his obligation to resell the securities in the repo transaction to the Seller.