Ansory, Wachid Aditya
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REFORMULASI HUKUM TENTANG HAK GUGAT BAGI PEMEGANG SAHAM DIBAWAH 1/10 Ansory, Wachid Aditya; Nasution, Krisnadi
Jurnal Hukum Bisnis Bonum Commune Volume 5, Nomor 1 Februari 2022
Publisher : Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/hukum bisnis bon.v5i1.6041

Abstract

This journal is entitled "Legal Reformulation of Actions Right Against Under 1/10 Shareholders”. The method of approach used in this study is normative legal research, which is a study that mainly studies the rule of law, principles of law, and legal theory/doctrine. This research was also conducted using the statutory approach and the conceptual approach, which is related to the responsibility of the Director against Limited Liability Company Loss caused by the Director Fault and legal protection of Under 1/10 Shareholders Against Loss of Limited Liability Company Caused by The Director Fault.
The Application of the MFN Principle into 'the Over Top Companies' in Investment Activities of Indonesia Ansory, Wachid Aditya; Widiyanti, Ikarini Dani; Kumala Sari, Nuzulia
Lentera Hukum Vol 6 No 2 (2019): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v6i2.11254

Abstract

The Most-Favored-Nation (MFN) principle is one of international consensuses, especially for countries registered as members of the World Trade Organization (WTO). The principle is related to investment and international trade within the framework of economic liberalization. At its core, the MFN principle ensures equitable treatment of all parties economically active within a country. Recently, in Indonesia, the Over Top company conducted business activities without paying taxes to the government. The case of the Over Top company highlights an unfair business situation in Indonesia, enabled by the Indonesian government through a poorly established monitoring system and codification of laws. This study argues that the absence of taxation, regulation, and fraud laws for the Over Top Companies in Indonesia, and the Indonesian government is responsible for the enforcement and maintenance of tax laws and the MFN principle for all entities conducting business in the state. Keywords: MFN Principle, Over Top Companies, Investment in Indonesia.