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IMPLEMENTATION OF MANDATORY ENTERPRISE REGISTRATION (WDP) FOLLOWING THE EFFECTIVENESS OF LAW NO. 40 YEAR 2007 CONCERNING LIMITED LIABILITY COMPANIES IN THE ERA OF REGIONAL AUTONOMY Hertanto, Ari Wahyudi
Indonesia Law Review Vol. 4, No. 2
Publisher : UI Scholars Hub

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Implementation of company registration shall be constrained because of differences in the interpretation of the meaning of the provisions of Article 29 of Law No. 40 of 2007 on Limited Liability Company, which determines that the registration of the company held by the Ministry of Justice and Human Rights. The provisions of Article 29 is interpreted by many practitioners as lex specialis of Act 3 of 1982 regarding Company Registration Requirement. The reality is not so. Company registration remains to be done pursuant to Act 3 of 1982. There are no provisions that override or cancel that Act 3 of 1982 to enforce Article 29 of Law No. 40 of 2007. Each law urgency is equally important. Act 40 of 2007 for the purpose of publication, while Act 3 of 1982 is to find out information about the company, either types of business activities, locations, shares and so forth. Registration of the company is still to be done on both the ministry under the provisions of law referred to.

Determining Quorum of Attendance and Decision Making In the General Meeting of Shareholders Based on Court Stipulation Due To the Neglectful Absence of the Majority Foreign Shareholder in a Joint Venture Company (A Foreign Capital Investment Analysis Hertanto, Ari Wahyudi
Indonesia Law Review Vol. 2, No. 3
Publisher : UI Scholars Hub

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The General Meeting of Shareholders (GMS) is one of the company’s organs with the significant role of determining the business course and other issues related to corporate actions; as it is granted by law to the shareholders of the company. Any decision can be made in the GMS; such as determining the shareholders’ unanimous concurrence on the proposed meeting agenda or even if the results of the meeting are actually contrary to such agenda caused by dissenting among themselves. However, the GMS can also pose certain obstacles in situations where one or more shareholders (that appear to be a majority shareholder) fail to act in good faith or have an internal dispute with other shareholder(s) in the company. The shareholder concerned can use such majority position to cause a dead-lock in the GMS, as a result of which the rest of the shareholder(s) are unable to make any decisions concerning the proposed GMS agenda. The aim of this article is to look at the effectiveness of Article 86 of the Indonesian Company Law for the purpose of overcoming the above described situation. The said Article 86 was formulated without considering the possibility of shareholders intentionally undertaking such unlawful measures. Moreover, the article is aimed at observing the concordance between the Indonesian Company Law and the Indonesian Procedural Law

A review of the law and practice relating to the collateralization of carbon assets: a comparison of Indonesia and England Albert Jonathan Sukardi; Ari Wahyudi Hertanto
The International Journal of Politics and Sociology Research Vol. 11 No. 2 (2023): September: Law, Politic and Sosiology
Publisher : Trigin Publisher

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The Republic of Indonesia has promulgated Presidential Regulation Number 98 of 2021 concerning the Implementation of Carbon Economic Value for Achieving Nationally Determined Contribution Targets and Controlling Greenhouse Gas Emissions in National Development as a form of follow-up to Indonesia's commitment to reduce carbon and other greenhouse gas emissions in accordance with the Nationally Determined Contribution commitment under the Paris Agreement. One of the main arrangements is related to carbon unit trading as a market-based mechanism to control climate change. In fact, forest reforestation projects, green and renewable energy, and so on require substantial financing but face problems related to providing guarantees to obtain financing. The author uses a normative juridical research method with a literature study to examine the legal regulation of collateral for carbon units as an object of property collateral. The result of the research shows that the specific regulation related to the guarantee of carbon assets is incomplete but can be applied. The research also shows that there are several alternatives in the more common practice of carbon asset pledging such as pledging receivables generated from carbon trading or pledging carbon unit registry accounts.

Postnuptial Agreement Versus Kepentingan Kreditur Elvina Elvina; Ari Wahyudi Hertanto
UNES Law Review Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1290

Constitutional Court Decision Number 69/PUU-XIII/2015 allows married couples who are already married to enter into nuptial agreement. Previously such can only be carried upon before the marriage occurred. Thus, due to the enactment of this decision, legal problems arise as an impact upon how to provide legal protection for any third parties affected by implementation of court decision regarding the nuptial agreement. Problematical issues emerge against any third parties who hold security(ies), especially creditors as holders of mortgage, are vulnerable to losses possibility should the debtor defaults due to the unclear status of assets, which were previously included as joint assets and afterwards being dispatched after a nuptial agreement was made. This research was conducted in terms of normative juridical manner using a legal theory concept approach. The outcome of this research is to provide clarity on providing legal protection for creditors, as for creditors also need to be ensured that the publicity principle of the nuptial agreement is fulfilled. Notaries as officials who make and ratify nuptial agreements also need to apply the principle of prudence in carrying out their professional duties.

Legal Effects of Default on Land and Building Sale and Purchase Agreement in PPJB Pangestu, Mohammad Bagas Agy; Hertanto, Ari Wahyudi
JISIP: Jurnal Ilmu Sosial dan Pendidikan Vol 8, No 1 (2024): JISIP (Jurnal Ilmu Sosial dan Pendidikan) (Januari)
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Mandala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58258/jisip.v8i1.6214

Along with the increase in property prices in Indonesia every year, many people choose to buy houses with installment payments. Therefore, the sale and purchase process is carried out by making an agreement, namely the Sale and Purchase Binding Agreement (PPJB) before the signing of the Sale and Purchase Deed (AJB). However, over time there is a problem where one party does not implement the contents of the agreement or is called default. This research was conducted with the aim of knowing how the legal consequences caused by defaults in land and building sale and purchase agreements and how to resolve disputes due to defaults in land sale and purchase agreements. Using normative juridical research methods, it can be concluded: 1. Legal consequences arising from default in a sale and purchase agreement, especially if one party does not implement the contents of the mutually agreed sale and purchase agreement, then the party has violated the agreement so that it is called committing a default act. 2. Settlement of disputes due to default in the sale and purchase agreement, can be done through deliberation from the parties for the settlement of the obligations of the parties in dispute to then be fulfilled / realized / paid by the parties who are considered in default. In addition, a party who feels aggrieved by the other party in the sale and purchase agreement, has the right to sue the other party who does not carry out the contents of the agreement through the intercession of a court judge or through existing legal channels.

DISRUPTION EVENTS SEBAGAI PERISTIWA YANG TAK TERDUGA DALAM PELAKSANAAN KEWAJIBAN KONTRAKTUAL Sugiastuti, Natasya Yunita; Hertanto, Ari Wahyudi; Setiawati, Anda; Wijaya, Agung; Putra, Ghayana Aditya
Jurnal Hukum & Pembangunan
Publisher : UI Scholars Hub

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An agreement creates an obligation, which is a legal relationship between the parties. If one party fails to fulfill its duties to the other party as promised, it is considered a breach of contract by one party against the other. One of the external factors that disrupt contract execution is a disruption event. In contrast to the concepts of force majeure and hardship, which have been acknowledged in Indonesian law, the argument of disruption events has not been recognized, even in the context of legal literature. However, in certain contracts with extended durations, the concept of disruption event has been incorporated into the creation of an accidental provision. This accidental provision is intended to address unforeseen events that may impair the contract's implementation. Given the importance of regulating disruption events in the agreement clause to anticipate the legal consequences that arise if an event occurs that disrupts the implementation of the contract, this research raises two issues: 1) What is the nature or essence of a disruption event? and 2) How is the formulation of an anticipatory disruption event clause in the contract? As a result of the research, it can be concluded that a disruption event is an unpredictable event that significantly impacts the industry and business. 2) A disruption event clause must at least contain information about the following: the definition of a disruption event, the scope or limits of a disruption event, the obligation to notify the affected party of a disruption event, the legal effects of a disruption event on contractual obligations and on the relationship between contractors, and the possibility of negotiation.

Postnuptial Agreement Versus Kepentingan Kreditur Elvina, Elvina; Hertanto, Ari Wahyudi
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.v6i2.1290

Constitutional Court Decision Number 69/PUU-XIII/2015 allows married couples who are already married to enter into nuptial agreement. Previously such can only be carried upon before the marriage occurred. Thus, due to the enactment of this decision, legal problems arise as an impact upon how to provide legal protection for any third parties affected by implementation of court decision regarding the nuptial agreement. Problematical issues emerge against any third parties who hold security(ies), especially creditors as holders of mortgage, are vulnerable to losses possibility should the debtor defaults due to the unclear status of assets, which were previously included as joint assets and afterwards being dispatched after a nuptial agreement was made. This research was conducted in terms of normative juridical manner using a legal theory concept approach. The outcome of this research is to provide clarity on providing legal protection for creditors, as for creditors also need to be ensured that the publicity principle of the nuptial agreement is fulfilled. Notaries as officials who make and ratify nuptial agreements also need to apply the principle of prudence in carrying out their professional duties.

THE CONCEPT OF “ELDERLY CITIZENS” IN THE INDONESIAN CONSTITUTION: A CRITICAL ANALYSIS Hertanto, Ari Wahyudi; Arinanto, Satya; Rizal, Jufrina
Indonesia Law Review Vol. 12, No. 3
Publisher : UI Scholars Hub

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Human existence is the most important element of the law and the state. They contribute greatly to the growth and development of a nation. Despite their great contribution, all human beings will experience a gradual decrease in their physical and psychological capacity due to ageing. According to the latest Central Statistics Agency report, there exists 29.3 million elderly citizens in Indonesia. This figure is equivalent to 10.82% of the total population. To anticipate this demographic condition, the government ought to ensure the welfare of its elderly citizens in accordance with the mandate of the 1945 Constitution. However, the 1945 Constitution does not specifically regulate the term “elderly citizen”. Human beings who are considered as legal subjects under the 1945 Constitution are simply referred to as “citizen.” The term “elderly citizen” can only be found under Law Number 13 of 1998 concerning the Welfare of Elderly Citizens. Although the law is intended to provide sufficient social and legal protection to elderly citizens, it has not yet to grasp the essence of elderly citizen as an overall legal subject. This is indicated by the use of the term “Potential Elderly Citizen” and “Non-Potential Elderly Citizen” in its provisions. Therefore, a more in-depth legal study regarding human beings (elderly citizens) as an overall legal subjects is required. This article tries to answer how elderly citizens are viewed theoretically as legal subjects, how the 1945 Constitution regulates elderly citizens as overall legal subjects, and how the concept of elderly citizens is critically interpreted as a form of reorientation.

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