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All Journal DE LEGA LATA: Jurnal Ilmu Hukum Unes Law Review
Audy, Viola
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Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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Analisis Yuridis Pemberian Hibah Kepada Pejabat Ditinjau Dari Tindak Pidana Gratifikasi Audy, Viola; Firmansyah, Hery
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.v6i2.1296

Abstract

Humans are social creatures who need each other to interact and carry out activities. In their daily life, humans are accustomed to doing something so that from this habit, laws are born that are agreed upon by the local community where the law was born. Because with the development of the times and the massive growth of humankind that is increasingly expanding, a law is needed that will become the single rule for all of society. Laws are made to provide protection and a sense of security for the community, but in some cases even though there are laws there are still those who commit criminal acts such as corruption. So it is necessary to have laws that regulate corruption at this time, because as technology develops, the modus operandi of corruption becomes more sophisticated. One of the efforts of criminal acts of corruption is giving gifts or grants to officials which is called gratuity. This study uses a type of qualitative research that examines and analyzes legal materials from relevant literature. The difference between gratuities and grants is needed is to avoid a legal vacuum or legal uncertainty, it will be difficult to ensnare corruptors into criminal acts, because basically grants are part of civil law making it difficult to fulfill elements of corruption. However, corruption through grants can be said to be gratification if it is given to state administrators and does not report the results of receiving the grant.
Legal Implications of Nominee Schemes in Foreign Ownership of Limited Liability Companies in Indonesia Audy, Viola; Sudiro, Amad
DE LEGA LATA: JURNAL ILMU HUKUM Vol 11, No 1 (2026): January-June
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v11i1.26894

Abstract

The nominee scheme is a common practice in foreign investment in Indonesia, whereby an Indonesian citizen lends their name to formally hold shares on behalf of a foreign party in order to circumvent legal ownership restrictions. This practice raises legal concerns as it contradicts principles of transparency and legality enshrined in the national legal system. This article aims to examine the legal implications of nominee arrangements in foreign ownership of limited liability companies (Perseroan Terbatas) through a normative juridical approach. The discussion focuses on the validity of nominee agreements under Indonesian positive law and the legal consequences for both the foreign investors and the Indonesian nationals acting as nominees. The study finds that nominee schemes contravene the Investment Law, the Company Law, and the principle of beneficial ownership, rendering such agreements null and void by law, and denying legal protection to the parties involved.
Co-Authors Amad Sudiro, Amad Hery Firmansyah