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Journal : Jurnal Hukum dan Peradilan

Legal Analysis of Family-Owned Companies in Indonesia: Insights from Court Decisions Almaududi, Almaududi
Jurnal Hukum dan Peradilan Vol 13 No 2 (2024)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.13.2.2024.421-446

Abstract

Family-owned companies have a significant role in enhancing national competitiveness. However, conflicts that lead to court disputes threaten the sustainability of family-owned companies. It has happened because some decisions still need to provide legal certainty. This research analyzes the legal aspect of family-owned companies in Indonesia, as reflected in several court decisions in Indonesia. The research method employs a qualitative case study approach. The research findings identify the existence of family-owned companies in court decisions; however, there are some difficulties, such as in determining the legal standing of disputing parties, potentially detrimental provisional decisions, and complexities in understanding corporate law, especially regarding General Meetings of Shareholders (GMS), dividends, and inter-organizational relationships as well as internal family disputes. The findings highlight the need for courts to consider the unique characteristics of family-owned companies, which could improve the consistency of court decisions, enhance legal certainty in the business sector, and promote sustainable economic activities.
JURIDICAL PROBLEMS ON COOPERATIVE BANK REGULATIONS ON INDONESIA'S ECONOMIC GOALS Almaududi, Almaududi; Mazelfi, Ihsani
Jurnal Hukum dan Peradilan Vol 11 No 3 (2022)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.11.3.2022.437-452

Abstract

This paper is concerned with the juridical problems on cooperative banks’ regulations on Indonesia’s goals stated in the 1945 Constitution Republic of Indonesia. The problems arise due to the absence of commercial banks in the form of cooperative banks. Furthermore, Indonesia has a minimum number of cooperative rural banks (BPR Co). Currently, OJK registered only 19 BPR Co out of 1545 BPRs (0.01%). The study aims to examine the juridical problems of cooperative bank regulation in Indonesia’s goals as stated in the 1945 Constitution. It is normative research, analyzed qualitatively and presented in a descriptive. The study reveals that the Government and the Financial Services Authority (OJK) have no intention of further regulating the legal form of Cooperative Banks. We can see it from the non-accommodation of Cooperative Banks in Law on Syariah Banking. In addition, we could also see it from the absence of regulation on Cooperatives Commercial Bank in OJK Regulation. Therefore, it is not surprising that no commercial banks in Indonesia are in the legal form of cooperative.Â