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Penataan Regulasi dalam Upaya Mendukung Restrukturisasi Badan Usaha Milik Negara Perkebunan Asnawi, Muhammad Iqbal; Tarigan, Vita Cita Emia; Perangin-angin, Christian Orchard; Sakti, M Permata; Lubis, Rommy Yudistira
Jurnal Penelitian Hukum De Jure Vol 24, No 2 (2024): July Edition
Publisher : Law and Human Rights Policy Strategy Agency, Ministry of Law and Human Rights of The Repub

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/dejure.2024.V24.107-120

Abstract

The formation of a holdingholding to restructure the state-owned plantation industry cannot be separated from the government’s ability to control the country’s economic engine. Government Regulations Number 72 of 2014 and Number 72 of 2016 which were passed as legalizing the formation of BUMN holdingholding s have sparked controversy and public debate. The fundamental issue of this procedure is the Parent Company’s legal obligation to manage the Parent Company. In the relationship between parent companies and subsidiaries, the concept of limited liability presents its own problems. In addition, there is uncertainty regarding legal obligations to third parties. The research methodology is normative law which is supported and obtained from literature data. The findings of this study indicate that the use of the BUMN Law and Limited Liability Company Law as guidelines for managing Plantation BUMNs does not provide the business confidence that Plantation BUMNs need to grow and stay healthy. Considering that the business world continues to develop and the high need for group company management among business actors who carry out business development and expansion, adjustments to these two regulations are very important. The modern business paradigm has resulted in the consolidation of centralized operations in a way that drives growth. As a result, the formation of a holding companyholding company by the government is inappropriate if it is not preceded by changes to the Limited Liability Company Law which provides business certainty for established Plantation BUMNs.
Indonesian Compliance with Tripartite Agreement in Controlling Marine Environmental Pollution in The Malacca Strait Tarigan, Vita Cita Emia; Nasution, Akmal Handi Ansari; Ekaputra, Mohammad; Saputri, Rizki Nanda
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Indonesia bears interest in the Malacca strait as one of its stakeholders in its effort on maritime navigational safety and environment in navigational safety and environment. Its efforts are fundamental in controlling, preventing, and recovering pollution from vessels. Referring to the United Nations Convention on Law of the Sea (UNCLOS) 1982, Indonesian contribution to controlling marine life pollution is vital. Therefore, Indonesia signed a tripartite agreement with Malaysia and Singapore (Agreement on Safety of Navigation in the Straits of Malacca and Singapore 1977). The Tripartite Agreement needs to be used as a reference in making regulations in Indonesia and implemented as a proof of Indonesia's compliance with the Tripartite Agreement. Therefore, the purpose of this research is to understand Indonesia's conformity to the mentioned agreement in controlling marine environment pollution in the Strait of Malacca. It utilizes literature and case studies such as books, notes, and previous research. The theory that we use is the compliance theory and combined theory for elaborating the obedience of Indonesia to the agreement itself. It can be concluded that Indonesia has complied with the Tripartite Agreement by putting together various laws and regulations and other regulations and forming a structure to protect the sea. However, in practice, it still requires some improvement.