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Minimum Capital Requirements for Limited Liability Company for Foreign Investment in a Notarial Deed Based on Job Creation Law Ni Kadek Bella Kurnia Agustini; Johannes Ibrahim Kosasih; I Nyoman Sujana
International Journal of Sociology and Law Vol. 2 No. 3 (2025): August : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v2i3.708

Abstract

The implementation of the Job Creation Law has brought significant changes to the regulation of foreign investment in Indonesia, particularly through the establishment of a minimum capital requirement for a Foreign Investment Limited Liability Company (PT PMA) of IDR 10 billion. This study aims to examine the formal minimum capital requirements for PT PMA in notarial deeds under the Job Creation Law using normative juridical methods with statutory, conceptual, and case study approaches, and referring to the theory of legal certainty, responsibility, and legal protection. The analysis includes the evolution of PT minimum capital regulations, capital classification within the company's legal structure, the phenomenon of fictitious PT PMAs such as the PT BKG case, and the status and limitations of notary responsibilities. The results of the study indicate that although the minimum capital requirement for PT PMAs has been explicitly stipulated in Government Regulation No. 5 of 2021 and Regulation of the Head of the Investment Coordinating Board (BKPM) No. 4 of 2021, there are legal loopholes in the form of unclear capital deposit periods, weak verification and oversight mechanisms, and the prevalence of nominee practices and fictitious PT PMAs that reduce the effectiveness of the policy. The notary's position as a public official plays a strategic role in drafting deeds of establishment, verifying documents, and providing legal counseling, but has limited authority in verifying material truth. The study concluded that regulatory improvements are needed through establishing clear capital deposit periods, strengthening verification and oversight mechanisms, and harmonizing regulations between institutions to ensure the effective implementation of minimum capital requirements for foreign-owned companies (PT PMA) in accordance with the principle of economic sovereignty.
Pengaruh Kualitas Pelayanan dan Promosi Terhadap Keputusan Pembelian Sepeda Motor Bekas Studi pada Showroom Sepeda Bekas di Singaraja Febriantari, Kadek Gita; I Nyoman Sujana
Jurnal Pendidikan Ekonomi Undiksha Vol. 17 No. 2 (2025)
Publisher : Universitas Pendidikan Ganesha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/jjpe.v17i2.95640

Abstract

This study aims to determine (1) the effect of service quality on purchasing decisions, (2) the effect of promotion on purchasing decisions, (3) the effect of service quality and promotion on purchasing decisions. The population in this study, namely all consumers who have purchased used motorcycles totaling 676 people. The sampling technique used was Proportional Random Sampling, with a sample size of 87 respondents. The data collection method used a questionnaire and was analyzed using multiple linear regression analysis. Hypothesis testing was carried out partially using the t-test and simultaneously using the F-test processed with the help of the Statistical Package For The Social Science (SPSS) version 25 software. The results of the study showed that (1) service quality had a positive and significant effect on purchasing decisions for used motorcycles at used motorcycle showrooms in Singaraja, (2) promotion had a positive and significant effect on purchasing decisions for used motorcycles at used motorcycle showrooms in Singaraja, (3) service quality and promotion had a positive and significant effect on purchasing decisions for used motorcycles at used motorcycle showrooms in Singaraja.
Pengaruh Literasi Keuangan Dan Demografi Terhadap Keputusan Investasi Pegawai Dinas Kependudukan dan Pencatatan Sipil Kabupaten Buleleng Anggreni, Kadek Vina; I Nyoman Sujana
Jurnal Pendidikan Ekonomi Undiksha Vol. 17 No. 1 (2025)
Publisher : Universitas Pendidikan Ganesha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/jjpe.v17i1.100207

Abstract

This study aims to analyze the influence of financial literacy and demographic factors on investment decisions of employees of the Population and Civil Registration Service of Buleleng Regency. The approach used is quantitative with a sample size of 30 people selected through purposive sampling techniques. Data were collected through questionnaires and documentation, then analyzed using multiple linear regression. Before the multiple linear regression analysis was carried out, classical assumption tests were first carried out such as normality, multicollinearity, and heteroscedasticity tests. The results of the study showed that: (1) Partially, financial literacy has no significant effect on investment decisions, (2) Partially, demographically, it has a positive and significant effect on investment decisions, and (3) Simultaneously, financial literacy and demographics together have a positive and significant effect on investment decisions. These findings indicate that demographic factors play an important role in driving investment decisions, as well as the importance of increasing financial literacy to support wiser investment decision-making in the future.
Transformation of Inheritance Rights in Balinese Customary Land Prisilia Eka Trisna, Putu Diana; I Nyoman Sujana; Putu Ayu Sriasih Wesna
Jurnal Smart Hukum (JSH) Vol. 4 No. 3 (2026): February-May
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v4i3.1855

Abstract

This study examines the transformation of inheritance rights in Balinese customary land within the context of customary and national legal systems. The research addresses legal issues arising from changes in customary membership, which may alter or terminate inheritance rights over communal land. Employing a normative legal research method with statutory and conceptual approaches, this study analyzes the interaction between customary norms and national agrarian law. The findings reveal that inheritance rights over customary land are inherently linked to social-religious obligations and active membership within the customary community, resulting in the transformation or loss of such rights when these obligations are no longer fulfilled. Furthermore, the study identifies a normative tension between the communal character of customary law and the individualistic principles of national inheritance law, leading to legal uncertainty. The novelty of this research lies in its integrative analysis of inheritance transformation through the lens of legal pluralism, emphasizing the need for harmonization between legal systems. The study concludes that clearer legal recognition and contextual legal approaches are necessary to ensure certainty and substantive justice in customary inheritance disputes. Future research is recommended to explore empirical perspectives and judicial practices in resolving similar disputes.
Koordinasi Wewenang Komisi Pemberantasan Korupsi (KPK) dengan Penegak Hukum Lainnya dalam Melakukan Penyidikan Tindak Pidana Korupsi Ni Putu Gita Loka Chindiyana Dewi; I Nyoman Sujana; Luh Putu Suryani
Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

Corruption is a problem in the economy of every nation in the world, whether in Government or private environments. With the promulgation of Act No. 31 of the year 1999 Jo Act No. 20 year 2001. The Government in the year 2002 through Law – Law Number 30 year 2002 about corruption eradication Commission formed corruption eradication Commission (KPK) which is a specialized agency in dealing with the special corruption. At issue is how the authorities of the corruption eradication Commission (KPK) in conducting the investigation, the crime of corruption? And how coordination between the corruption eradication Commission (KPK) and other law enforcement agencies in conducting the investigation, the crime of corruption? The study used is the normative legal research i.e. research examines law is a law written from various aspects, but does not examine aspects of applied or implementation. Approach this research method by means of reviewing all laws, understanding the hierarchy of principles and legislation. The conclusion in May of this research is that in regards to the investigation of criminal acts of corruption, the corruption eradication Commission (KPK) has authority that is doing the coordination and supervision that can perform the takeover against investigation or the prosecution conducted by the Police and the Prosecutor's Office. But in the relationship between the coordination with other law enforcement agencies KPK still haven't made good cooperation.
Perlindungan Hukum Nasabah Kartu Kredit dalam Perspektif Undang-Undang Nomor 8 Tahun 1999 Nyoman Triananda Prayoga; I Nyoman Sujana; Ni Made Puspasutari Ujianti
Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

At this time the technology has been developing rapidly, as well as means of payment. If the first payment can only be done with cash, current payment already can be done by credit card. When the first buyers and sellers have to meet directly, unlike with the current buyers no longer have to meet with the seller directly. A credit card is a plastic card issued by a bank that provides credit services. But many cases credit card used another person, which is possible because the card is missing or scams online, these problems can be analysed as follows: 1) What kind of legal protection for customers according to credit card Consumer Protection Legislation? 2) How the legal consequences if a credit card were used by someone else? This presentation uses research methods are normative, legal rules and legal norms according are the norm in the form of orders or prohibitions it in accordance with the principle of the law and whether one's actions is in compliance with legal norms with the approach of legislative and conceptual. This research requires a source of secondary legal materials as primary legal materials. Form of legal protection given by the Government in the form of legislation, but the legislation has not been effective. Legal consequences if the credit card used another person's credit card, the customer must still pay the Bills that go up to the customer to report in writing. The Government should streamline the laws and make special laws about credit cards as well as the bank and the customer must be open.
Pembunuhan Anak oleh Ibu Kandung yang di Bawah Umur Putu Ayu Devi Laxsmi; I Ketut Sukadana; I Nyoman Sujana
Jurnal Preferensi Hukum Vol. 2 No. 1 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

A phenomenon of the occurrence of criminal acts committed by children with various and various cases and characteristics that have not been able to account for their actions legally, which in Law Number 11 of 2012 concerning the Juvenile Justice System, is intended to provide protection and protection for children in to welcome his long-term future, but besides children as victims of criminal acts, it is possible for children to be criminals. Therefore, how is the judge's judgment in imposing a criminal sentence on a child who commits a criminal act of murder in Decision Number: 18/Pid.Sus.Anak/2016/PN. Dps? And what is the criminal sanction imposed by the judge on the perpetrator of the crime of murder the Number: 18 /Pid.Sus.Anak/2016/PN. Dps. In this study the author uses the Normative research method through his study of literature studies, while the problem approach in this study uses a legislative approach that analyzes legislation and uses a conceptual approach that analyzes problems with legal concepts from books and literature and approaches the case. The results of this study are Judges in considering criminal cases Number: 18/Pid.Sus.Anak /2016/PN. DPS, which is carried out by children because the perpetrators of criminal offenses are still underage, and have never committed an unlawful act before and promised not to repeat other violations of law. And Based on the case of killing a child as referred to in case Number: 18/Pid.Sus.Anak/2016 /PN. DPS, the coercion of criminal sanctions is not applied, but the implementation of Diversion lead on number 11 of 2012 concerning juvenile justyce sistem and in paragraph (2) letters a and b must be sought for Diversion, with terms and conditions Parents are willing to maintain, guide and supervise their children so that they will not repeat their actions.
Hak-Hak Tersangka (Miranda Rule) pada Tahap Penyidikan dalam Kitab UU Hukum Acara Pidana Anak Agung Putu Surya Wiguna; I Made Sepud; I Nyoman Sujana
Jurnal Konstruksi Hukum Vol. 1 No. 1 (2020): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.1.1.2128.51-56

Abstract

The protection of the rights of a criminal suspect is very important because after all the suspect is a person whose personal independence has been taken away as a result of arrest, detention, confiscation and so on. Therefore, the law is needed to guarantee the taking of rights from these suspects. The purpose of this research is to find out the arrangements for the rights of suspects (Miranda Rule) at the investigation stage in the Criminal Code Law and to discuss legal protection of the rights of suspects (Miranda Rule) at the investigation stage. This research uses a normative legal research method using a statutory approach by examining all laws related to the writing of the rights of suspects (Miranda Rule) at the investigation stage of the Criminal Procedure Code and a conceptual approach by combining expert opinions so that it becomes a researcher's argument. The results of the research show that the regulation of the rights of suspects (Miranda Rule) at the stage of investigation in the Criminal Procedure Code is suspected in Article 1 paragraph (14) of the Criminal Procedure Code for a person who due to his actions or circumstances, based on preliminary evidence, is reasonably suspected of being the perpetrator of a criminal offense, the Miranda Rule regulation applies in law. Criminal Procedure in Indonesia. Suspects. In addition, the legal protection of the suspect at the investigation stage has explicitly tried to provide protection to avoid harsh treatment of the suspect or defendant. Investigators should have followed the rules to explain the rights of suspects. Apart from that, special attention should be paid to law enforcement in Indonesia, and it is hoped that suspects must better understand their rights as suspects so that they can defend themselves.
Sanksi Pidana terhadap Tindak Pidana Korupsi Dana Hibah I Wayan Agus Yudana; I Nyoman Sujana; Anak Agung Sagung Dewi
Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

Corruption of subsidy funds is common in the community and is often heard through the media and news in various places. These grants often cause various problems, especially those arising from the Regional Budget (APBD), both during implementation and management or payment. There is a lot of abuse of subsidized funds for personal gain. In accordance with the background description, this research focused on the elaboration of the regulation regarding the criminal act of corruption of grant funds and the description of criminal sanctions against perpetrators who commit criminal acts of corruption of grant funds. This study was designed using a type of normative research, and the data was collected from literature studies and positive laws that apply. In case Number: 32 / Pid.Sus.TPK / 2016 / PN.Dps the defendant with the initials IWB had actually committed corruption in the grant funds according to the law in force, henceforth the Panel of Judges sentenced them to one year imprisonment and paid compensation fifty million rupiah. If he did not pay the fine, it would be replaced with a 1-month prison term and he would have to return the state money worth three hundred and fifty million rupiah. After the analysis was done, it can be concluded that according to the provisions of Article 2 and Article 3 of Law 20 of 2001, the prison sentence may be imposed on the perpetrators of the crime of grant funding.
Pertimbangan Hakim dalam Menjatuhkan Pidana terhadap Tindak Pidana Pencurian dengan Pemberatan yang Dilakukan oleh Anak Ida Bagus Agung Pariama Manuaba; I Nyoman Sujana; Ni Made Sukaryati Karma
Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

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Abstract

Judge's considerations are matters which are the basis or are considered by the judge in deciding a crime case. Crime Theft is an act that is classified as a general crime in which a crime against the property of another person. Theft with weighting is a criminal act of theft which in its implementation is accompanied by certain elements so that it is more severe and threatened with higher penalties. Child is a person who is not yet eighteen (18) years old, including those who are still in the womb. In settling a child case, the judge must consider the report in the trial regarding the child concerned. This study aims to determine the criminal considerations and sanctions imposed by the judge on criminal theft with weighting carried out by children. This study uses a normative legal research method with a statutory approach, conceptual approach and case approach. The legal materials studied are primary legal materials, secondary legal materials and tertiary legal materials. The results of this study indicate the judge's judgment in imposing a crime against a child who commits a crime of theft by weighting it based on the elements of the crime committed as well as things that alleviate and incriminate the crime against the child. Criminal sanctions imposed by a judge against a child who commits an act of theft by weighting based on the Court's Decision and the provisions of Article 363 paragraph (1) of the 4th KtoP Jungto Article 65 paragraph (1) of the Criminal Code and other laws relating to the case state that the child is proven legally and convincingly guilty as well as convicting a child of seven months in prison.