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All Journal Ius Positum: Journal of Journal Of Law Theory And Law Enforcement Yuris: Journal of Court and Justice
Styawati, Ni Komang Arini
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Law, Crime, Criminology & Criminal Justice

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LEGAL PROTECTION FOR INVESTORS AND BUSINESS ACTORS WHO HAD THOROUGH BANKRUPTCY DUE TO FORCE MAJEURE IN MICRO, SMALL, AND MEDIUM ENTERPRISES (MSMES) Dewi, Gusi Ayu Arya Anindyanari Auliani; Mahendrawati, Ni Luh Made; Styawati, Ni Komang Arini
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 3 Issue 1 (2024)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v3i1.499

Abstract

This research examines the legal protection provided to investors and business actors regarding bankruptcy caused by force majeure in micro, small and medium enterprises (MSMEs). Force majeure is a condition beyond control that may lead to the inability to fulfill financial obligations. The primary objective of this research is to examine the existing legal protection mechanisms for investors and MSME businesses in handling bankruptcy situations caused by force majeure. Through a normative law approach and literature study, this research investigates the legal framework governing the responsibilities and protections for investors and MSME businesses against force majeure. The research findings are expected to provide a better comprehension of the legal measures that can be taken to protect the interests of investors and MSME businesses in handling the risk of bankruptcy due to force majeure. Although there are several regulations that provide a framework to protect investors and MSME businesses in bankruptcy situations, implementation and enforcement often causes challenges. Hence, it is significant to have more active endeavors from the government, financial institutions, and other stakeholders to strengthen legal protection for investors and MSME businesses in handling the risk of bankruptcy due to force majeure.
THE EFFECTIVENESS OF REGIONAL GOVERNMENT EMPOWERMENT ON PHARMACEUTICAL WHOLESALER LICENSES ON THE BALI PROVINCE Joniada, I Made Wisnu; Styawati, Ni Komang Arini; Arjaya, I Made
YURIS: Journal of Court and Justice Vol. 3 Issue 1 (2024)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v3i1.483

Abstract

Pharmaceutical wholesalers (PBF) that are already licensed by Indonesian government have complied with the pre-operational business standard requirements and during operations are required to comply with the standards of good drug distribution procedures. However, there have been some cases of PBFs that have been licensed infringing on their business licensing obligations. These infringements will affect the quality of drugs and/or drug substances which could endanger consumers. Based on this phenomenon, monitoring by regional governments is important in maintaining businesses’ compliance with business standards. The objectives of this research were to examine and analyze several factors affecting the effectiveness of regional government supervision of PBF licenses in Bali Province. The method used is empirical legal method. To address the issues within this research, the author utilizes a sociological approach, a legal regulation approach, and a conceptual approach.  Furthermore, this research indicated that Bali Provincial Health Office supervision is ineffective in assuring compliance in the fulfilling of requirements and obligations by businesses. These conditions have been affected through legal substantial factors, legal structure, and legal culture.
THE LEGAL PROTECTION OF MINORITY SHAREHOLDERS AGAINST COMPANY CONSOLIDATION IN THE PERSPECTIVE OF THE LIMITED LIABILITY COMPANY LAW Novanda, Ni Putu Rosita; Mahendrawati, Ni Luh Made; Styawati, Ni Komang Arini
YURIS: Journal of Court and Justice Vol. 4 Issue 2 (2025)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v4i2.762

Abstract

Company consolidation is one of the legal actions that can significantly impact shareholders, predominantly minority shareholders. Law No. 40/2007 on Limited Liability Companies (UUPT) stipulates that in the consolidation process, the rights of minority shareholders must still be considered, including the right to request the purchase of their shares at a fair price if they disagree with the decision of the General Meeting of Shareholders (GMS). However, in practice, implementing legal protection for minority shareholders still faces various challenges, especially regarding legal certainty and the mechanism for exercising their rights. This research aims to provide a comprehensive understanding of the legal landscape surrounding minority shareholders in the context of company consolidations, highlighting both existing protections and areas needing reform. This research uses normative legal research methods with statutory and conceptual approaches. The results show that although Article 62 of the UUPT gives minority shareholders the right to sell their shares to the company in certain situations, the absence of clear sanctions for companies that fail to carry out this obligation causes legal uncertainty. Therefore, a firmer legal reconstruction is necessary, including providing administrative sanctions and compensation for companies that do not fulfil their obligations. In addition, dispute resolution mechanisms can be implemented through litigation and non-litigation channels, such as mediation and arbitration, to provide more effective protection for minority shareholders.
THE EFFECTIVENESS OF ALCOHOLIC BEVERAGE DISTRIBUTION CONTROL THROUGH BULELENG REGENCY REGULATION NO. 9 OF 2016 Premasanti, Nyoman Asri; Mahendrawati, Ni Luh Made; Styawati, Ni Komang Arini
YURIS: Journal of Court and Justice Vol. 4 Issue 2 (2025)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v4i2.771

Abstract

The circulation and sale of alcoholic beverages in Buleleng Regency remain prone to violations, particularly regarding business licensing and permitted trading locations. Despite existing regulations, supervision is often ineffective, allowing unauthorized sales and non-compliant business operations. Challenges in enforcement contribute to ongoing violations. This study aims to evaluate the effectiveness of supervision over the circulation and sale of alcoholic beverages in Buleleng Regency and identify key obstacles hindering proper enforcement. This research uses an empirical legal method to examine the gap between law and social reality through juridical and sociological approaches, supported by qualitative analysis of observations, interviews, and documentation linked to legal theories and regulations. The supervision of alcoholic beverage sales in Buleleng Regency is carried out through guidance, field inspections, and enforcement by an Integrated Team of various technical agencies. However, this supervision has not been fully effective, as the goals outlined in the regulations have not been achieved. Many businesses still operate without licenses and violate location restrictions. Several factors hinder effective implementation, including weak enforcement, overlapping responsibilities among agencies, low legal awareness among business owners, and limited public understanding of the health and social impacts of alcohol consumption.
THE LEGAL FRAMEWORK OF LOCAL GOVERNMENT POLICY IN ADMINISTERING HOUSING AND SETTLEMENT AREAS IN BULELENG REGENCY Suastawan, Nyoman Adi; Styawati, Ni Komang Arini; Rideng, I Wayan
YURIS: Journal of Court and Justice Vol. 4 Issue 3 (2025)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v4i3.790

Abstract

The regulation and policy framework established by the Buleleng Regency Government concerning the administration of housing and settlement areas demonstrates a strategic legal approach to spatial development. This research examines the normative design and practical enforcement of housing governance in Buleleng Regency, with particular attention to the legal effectiveness of Regent Regulation No. 40 of 2023 as the implementing instrument of Regional Regulation No. 12 of 2022 on the Administration of Housing and Settlement Areas. Employing an empirical legal research method, the study investigates the gap between written law (law in books) and actual practice (law in action) using a juridical-analytical approach. Primary data were collected through interviews and subsequently analyzed qualitatively in conjunction with legal theories, academic literature, and statutory regulations. The findings indicate that the provision on the minimum access road width, as stipulated in the Regent Regulation, has been relatively effective in practice. However, a significant number of developers continue to carry out housing development outside of the designated residential zones. One of the main implementation challenges lies in the fact that many plots located within housing and settlement zones do not meet the required road width standard, thereby complicating compliance with the regulation.
Co-Authors Arjaya, I Made Dewi, Gusi Ayu Arya Anindyanari Auliani I Wayan Rideng Joniada, I Made Wisnu Luh Made Mahendrawati Novanda, Ni Putu Rosita Premasanti, Nyoman Asri Suastawan, Nyoman Adi