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All Journal Jurnal Ekonomi dan Bisnis Jagaditha FIAT JUSTISIA: Jurnal Ilmu Hukum Jurnal IUS (Kajian Hukum dan Keadilan) Jurnal Akta Jurnal Notariil KERTHA WICAKSANA Jurnal Konstruksi Hukum Jurnal Preferensi Hukum (JPH) Postgraduated Community Service Journal Law Doctoral Community Service Journal Jurnal Hukum dan Peradilan
I Wayan Sujana
Faculty Of Law, University Of Warmadewa
Humanities Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : Jurnal Akta

 1 
Board of Directors’ Responsibility for Activities of A Limited Liability which Having No Legal Entity Status I Nyoman Sujana
JURNAL AKTA Vol 9, No 1 (2022): March 2022
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v9i1.20442

Abstract

The aim of this study is to find and analyzes the responsibility of Board of Directors of a Limited Liability Company (PT) operated the company and entered into legal relationship with third parties on behalf of the company when the company has not legally obtained the status of a legal entity. The focus study since business practice is always encountered with competition among entrepreneurs in the effort to gain profit in various unhealthy ways, thus it results in violations of laws and regulations. The research method was used was a normative legal study with a statutory, conceptual and analytical approach. The results of the study show that legal actions on behalf of the Company that has not obtained the status of a legal entity may only be carried out by all members of the Board of Directors together with the founders and members of Board of Commissioners of the Company. The novelty showed that every company need responsible for the company's damages or losses suffered by third parties having legal relationship with the company. Included for unlimited and mutual responsibility (jointly and severally). The actions of board of directors having exceeded their authority specified in the articles of association of the company, resulting in losses for the company shall not be considered as an action of the company. This loss will be the full responsibility of Board of Directors, as the limited liability company will turn into an unlimited liability.
The Meaning of the Phrase “Temporary Absent” Performing His Position as a Notary I Nyoman Sujana; I Made Pria Dharsana; Ni Putu Indianita Cahyanti
Jurnal Akta Vol 9, No 3 (2022): September 2022
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v9i3.22340

Abstract

This paper analyses the meaning of the phrase of being temporary unable to carry out his position as a Notary. The focus of the study in this paper is regarding the phrase unable to carry out his position as a notary as referred to in Article 1 point 3 UUJN jo. UUJN-P. The method used is a normative legal writing method, using a statutory approach, a case approach, and a conceptual approach that is also supported by a factual approach. As an analytical tool for the legal issues studied, the author uses the theory of legal certainty and the theory of hermeneutics. These two theories are used because this paper aims to analyse clearly the meaning of the phrase unable to carry out his position as a notary, so that it does not cause multiple interpretations. The legal materials used are primary legal materials in the form of legislation related to the Notary Position, which is complemented by secondary legal materials in the form of reputable journals and the latest literature. Based on the results of the analysis, it can be found that the meaning of the phrase temporary absent can be interpreted as a form of leave granted by UUJN and UUJN-P with a maximum of 12 years, except for a notary who is appointed as a state official. Serving as a state official, and should not be interpreted as a temporary dismissal. The purpose of this analysis is to provide legal certainty over the meaning of the phrase unable to carry out his position as a notary.  
Co-Authors A. M. Telman C.A. Soares I Gde Suranaya Pandit I Kadek Yukik Okta Dwipayana I Made Pria Dharsana, I Made Pria I Nyoman Gede Sugiartha I Nyoman Putu Budiartha I Wayan Kartika Jaya Utama Leonito Ribeiro Luh Made Mahendrawati Ni Komang Arini Styawati Ni Nyoman Santi Wulandari Ni Putu Indianita Cahyanti Ni Wayan Sitiari Nyoman Chrisna Dewi Asmarani Putu Ayu Sriasih Wesna Ryan Permana Wijaya S Nahak Yasa, Putu Ngurah Suyatna