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Fionita, Jessica
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Humanities Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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Lelang Eksekusi Kepailitan atas Tanah dan Bangunan yang Dimiliki Bersama oleh Pihak Ketiga dan Debitur Pailit Putri, Gracia; Fionita, Jessica; Matheus, Juan
Jurnal Supremasi Volume 14 Nomor 2 Tahun 2024
Publisher : Fakultas Hukum, Universitas Islam Balitar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35457/supremasi.v14i2.3810

Abstract

This study examines the execution auction in bankruptcy concerning land and buildings jointly owned by a third party and a bankrupt debtor. The importance of this study lies in protecting the property rights of third parties, which may be at risk during the auction process. There is a research gap in understanding the legal rights of third parties in joint ownership situations with a bankrupt debtor. The objective of this study is to identify the legal implications and protection mechanisms available to third parties. The methodology employed is a normative juridical analysis with a case study approach. The key findings reveal that third parties retain the right to file a lawsuit against the auction as an unlawful act (tort), but their claim of ownership is insufficient to nullify the auction conducted by the Office of State Wealth Service and Auction. This research implies a need for clearer regulations to protect third-party rights in similar cases.
Telaah Pergeseran Paradigma Asas dan Prinsip Dalam Pendirian Perusahaan Pasca Undang-Undang Cipta Kerja: Tinjauan Konsep dan Penerapannya Terhadap Perusahaan Perorangan Fionita, Jessica; Gunadi, Ariawan
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1344

Abstract

Establishing a single person limited company is a concept for establishing a company that emerged after the Job Creation Law was passed. Single person limited company allow a company to be established with only one person. This is of course regarding the debate regarding shifting the paradigm regarding the principles and concepts of responsibility that have been adhered to in the corporate legal regime. In this research, the author aims to examine the concept of establishment and responsibility for the formation of single person limited companies after the enactment of the Job Creation Law. This research is normative legal research using conceptual and statutory approaches. In fact, the paradigm shift from the concept of a capital partnership which can be established by a single shareholder is not something new because this has been explained in Article 7 paragraph (5) of the Limited Liability Company Law which states that a company can be established with only one shareholder entity such as an entity. State-Owned Enterprises (BUMN). Single person limited Companies that provide flexibility to shareholders to create a company that can be established by a single shareholder provided that it meets the existing criteria for Small and Medium Enterprises (UMK). The liability of this single person limited company remains the same as that of a Limited Liability Company which has liability limited to the shares owned by the shareholder as explained in article 153 J paragraph (2) of the Job Creation Law as long as there are no matters excluded in that article.
Co-Authors Ariawan Gunadi Matheus, Juan Putri, Gracia