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All Journal Jurnal Hukum IUS QUIA IUSTUM Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia
ery arifudin
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Law, Crime, Criminology & Criminal Justice

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Pembaharuan UU Perseroan Terbatas dalam Kerangka Good Corporate Governance ery arifudin
Jurnal Hukum IUS QUIA IUSTUM Vol. 9 No. 19: Februari 2002
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol9.iss19.art1

Abstract

The problem of Good Govemance is as the need of the Acts innovation on Company Limited. It is aimedto orderthat either closedor openedcompanies could implement the principles of Good Govemance consistently. There are two important things needed of the innovation the Acts for Company Limited related to the principles of Good Governance, namely theproblem ofexistence for independent commissioner and the problem for financial report from a Company Limited.
Penyelesaian Perkara Wanprestasi pada Perjanjian Hutang Piutang Tanpa Sita Jaminan (Studi Kasus Putusan Nomor 146/Pdt.G/2021/PN Bpp) Rayna Candra Kirana Putri; Ery Arifudin
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 1 No. 1 MEI 2023
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

This thesis aims to analyze and find out the settlement of default cases in debt and credit agreements without collateral confiscation (Case Study of Decision Number 146/Pdt.G/2021/PN Bpp). This research raises two problem statements, specifically why is the settlement of default cases in debt and credit agreements carried out without security confiscation (Case Study of Decision Number 146/Pdt.G/2021/PN Bpp)? and what are the consequences of case settlement in debt and credit agreements without security confiscation (Case Study of Decision Number 146/Pdt.G/2021/PN Bpp)? This research uses normative research using a conceptual approach, statutory approach, and case approach. Based on the results of the research, the conclusion can be reached the settlement of default cases in debt and credit agreements in Decision Number 146/Pdt.G/2021/PN Bpp was carried out without a collateral confiscation because the collateral confiscation of the land requested by the plaintiff included a PLTU installation and included a State-Owned Enterprise that could not be used as a collateral confiscation, and referred to the Technical Guidelines for Administration and Technical General Civil Courts where in number 11 the judge did not conduct a collateral confiscation of shares, because if he violated it, it would be a violation of the Code of Ethics. As a result of the refusal of collateral confiscation in the verdict, there is no realization of the law certainty, and the principle of good faith in an agreement is not implemented. And there are some recommendations, among others: there is a separate rule that discusses the practice of implementing collateral confiscation of stocks in order to create legal certainty, and it is hoped that the Panel of Judges when making decisions in a case will pay attention to the realization of the form of legal certainty, and also the principle of good faith.
Co-Authors Rayna Candra Kirana Putri