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All Journal Pembaharuan Hukum Jurnal Ius Constituendum
Achmad Jumeri Pamungkas
Universitas Prima Indonesia Medan
Law, Crime, Criminology & Criminal Justice

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LEGAL AGREEMENT AD/ART “PT. PERKEBUNAN NUSANTARA IX” AFTER THE CONSOLIDATED PTP XV-XVI (PERSERO) WITH PTP XVIII (LIMITED) Achmad Jumeri Pamungkas; Meilyna Dwijanti
Jurnal Pembaharuan Hukum Vol 5, No 2 (2018): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v5i2.3131

Abstract

Articles of Association of the Limited Liability Company is a legal basis that is used as reference in the management of the Company. The company can carry out cooperation with other parties. One such partnership is the amalgamation or consolidation of one or two companies into a single management company. in accordance with the process and the provisions of the legislation in force. In the Agreement clearly contain 1) the name and domicile of the Company; 2) the purpose and objectives and business activities of the Company; 3) The period of the founding of the Company; 4) the amount of the authorized, issued and paid-up capital; 5) the number of shares, class of shares if there is the following number of shares for each classification, the rights attached to each share, and the nominal value of each share; 6) the name of position and the number of members of the Board of Directors and Board of Commissioners; 7) determination of the place and manner of implementation of the GMS; 8) procedures for the appointment, replacement, dismissal of members of the Board of Directors and Board of Commissioners; 9) procedures for the use of profits and dividend distribution.
EFFECTIVENESS OF LAW ENFORCEMENT CASE BY THE CARTEL COMMISSION HONDA AND YAMAHA BASED ON JUSTICE PANCASILA Otih Handayani; Juliana S. Ndolu; Achmad Jumeri Pamungkas; Douglas Napitupulu
Jurnal Ius Constituendum Vol 5, No 1 (2020): APRIL
Publisher : Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (720.265 KB) | DOI: 10.26623/jic.v5i1.1980

Abstract

This research aims to reconstruct the effectiveness of law enforcement by the Commission in a cartel case Honda and Yamaha justice based on Pancasila. The first reaserch discuss about the effectiveness of the Business Competition Supervisory Commission (KPPU) in law enforcement justice cartel cases Pancasila. Both reconstruct the article in Law No. 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Competition for law enforcement effectiveness. This research is a doctrinal approach of legislation and research . Study shows the first enforcement by the Commission is not operating effectively. The imposition of administrative sanctions from the Commission do not have permanent legal force, where they opened a space for parties reported to object to the level of the Supreme Court (MA). The process to obtain permanent legal force very long whereas 73% of MA won the Commission's decision. Both to achieve effective enforcement, it is necessary to expand the authority of the Commission, which sanctions the administration carried out by the Commission are final or not opened space object. Agae ensure the Commission's decision is fair, then there needs to be a power-sharing within the Commission to establish the field of internal controls.
Co-Authors Douglas Napitupulu Juliana S. Ndolu Meilyna Dwijanti Otih Handayani