Claim Missing Document
Check
Articles

Found 5 Documents
Search

PERLINDUNGAN HUKUM ATAS INFORMASI DAN DATA NASABAH DALAM LAYANAN PERBANKAN DIGITAL Taqiyuddin Kadir
VERITAS Vol 4 No 1 (2018): VERITAS
Publisher : Jurnal Program Pascasarjana Ilmu Hukum Universitas Islam As-Syafi'iyah

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (74.287 KB) | DOI: 10.34005/veritas.v4i1.197

Abstract

The rapid and sophisticated technological developments in banking activities, cannot be denied has provided ease of access to customers, through the Internetnetwork with the concept of digital banking services. Customers are so pamperedwith the ease of transacting, which can be done anytime and anywhere. Customerloyalty is the main target in line with the intense competition among banks, in aneffort to provide smart, fast and efficient service with the use of informationtechnology. The protection of customer information and data is not sufficient torely solely on legislation issued by the government, but must be complemented andreinforced by the formulation and application of rules or internal policies of banksconcerning information protection and customer data including the process ofobtaining, collecting, processing, analysis, storage, appearance, announcement,dispatch, dissemination and destruction.
KEPASTIAN HUKUM AKIBAT MODAL YANG TIDAK DISETOR OLEH PEMEGANG SAHAM SETELAH PENDIRIAN PERSEROAN TERBATAS Shanti Puruhita; Putra Hutomo; Taqiyuddin Kadir
Journal of Innovation Research and Knowledge Vol. 4 No. 11: April 2025
Publisher : Bajang Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Based on Article 1 number 1 of Law Number 40 of 2007 concerning Limited Liability Companies, we can see that shares are part of the Company's authorized capital where the founders of the company who deposit capital into the Company's cash when the PT was first established can also be referred to as shareholders. Provisions on the method of transferring rights to shares are generally submitted by the UUPT to the Articles of Association, unless otherwise specified by the UUPT. The transfer of rights to shares can be carried out by a deed of transfer of rights, either in the form of a deed made before a notary or a deed made privately so that it is clear that the UUPT only recognizes registered shares as in Article 48 of the UUPT which states that the company's shares are issued in the name of their owner, but in its implementation there are still many shareholders who do not attach proof of depositing capital into the company. The formulation of the problem in this study is what are the legal consequences of not depositing paid-in capital in a closed limited liability company and what is the legal certainty of shareholders of the company who do not deposit capital. The legal theory used in this study is the theory of legal consequences and the theory of legal certainty.The method used in this study is a normative legal research type, namely legal research conducted by examining library materials or secondary data only. The research approaches used are the Statutory Approach, Conceptual Approach, Analytical Approach, Case Approach and Data collection techniques are carried out by identifying and inventorying positive legal rules, examining library materials, and other sources of legal materials. For the Legal Material Analysis Technique using grammatical interpretation, historical interpretation, systematic interpretation, and legal construction methods.The results of this study indicate that shareholders who do not deposit capital into the company are considered to have violated Article 33 of the Limited Liability Company Law, so that their shareholder status can be revoked because they have not fulfilled their civil obligations so that they cannot be declared shareholders. As a result, these shareholders do not have the right to attend the GMS, vote, or receive dividends and remaining business results, and can be considered to have committed a breach of contract and an unlawful act, to avoid the risk in question, shareholders should carry out the obligation to deposit paid-in capital in the Company and this can be regulated more firmly in the Law so that a revision of the Limited Liability Company Law is needed.
Legal Protection for Land Rights Holders Included in the Toll Road Development Project Plan Accompanied with Compensation Adhie Charisma, Restu; Anriz Nazaruddin Halim; Taqiyuddin Kadir
KRTHA BHAYANGKARA Vol. 19 No. 1 (2025): KRTHA BHAYANGKARA: APRIL 2025
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v19i1.3659

Abstract

One of the issues that currently arises is related to the fulfillment of community needs in the concept of social functions, namely land acquisition for development in the public interest.  On the other hand, land rights holders whose land will be used for development in the public interest should not be disadvantaged and ruled out at all. To support this, the government provides a legal basis so that the release of land rights used for the public interest must also pay attention to the aspect of balanced compensation. The formulation of the problem in this study, How is the settlement of disputes over the construction of toll roads on the value of compensation to land rights holders and How is the Legal Protection of land rights holders related to compensation disputes in toll road construction projects, the theory used in this study is the Theory of Legal Protection, according to Philipus M. Hadjon and the theory of dispute resolution according to Yahya Harahap. The method used in the research, namely, normative juridical research, namely library legal research or secondary data with primary, secondary and tertiary legal sources. The approach in this research is, namely, the approach of legislation, conceptual approach and case approach and the technique of collecting legal materials is done by means of document studies or library materials, observation or observation and interviews or interviews. For legal material analysis techniques carried out by Grammatical, Systematic, and Legal Construction Interpretation. Research results show that the settlement of toll road construction disputes over the value of compensation to land rights holders can only be done through judicial institutions that have an independent nature. Settlement of land acquisition disputes for the public interest must have special material and formal law. Settlement of land acquisition disputes for the public interest cannot be carried out unilaterally only by the government which has equality with land rights holders and legal protection of land rights holders related to compensation disputes in toll road construction projects must be in accordance with applicable law. Land rights are considered as constitutionally protected private property rights. Land is considered as an object that has a closed nature based on laws and regulations.
PERLINDUNGAN HUKUM BAGI PEMEGANG SAHAM TERKAIT SENGKETA PENGUASAAN TANAH OLEH PERUSAHAAN Wati, Rika Sandra Vika; Felicitas Sri Marniati; Taqiyuddin Kadir
Journal of Innovation Research and Knowledge Vol. 5 No. 5 (2025): Oktober 2025
Publisher : Bajang Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The issue addressed in this study focuses on the control of land by a company and its implications for the protection of shareholders’ rights, as reflected in Decision No. 154/Pdt.G/2023/PN Smg, Decision No. 100/Pdt.G/2024/PN Lbp, and Decision No. 123/Pdt.G/2021/PN Smg. The research problems formulated in this study are: (1) How is the dispute between shareholders and the company regarding the control of shareholders’ land resolved? and (2) How is legal protection provided for shareholders in relation to land control by the company? The theories employed in this study are the Theory of Legal Protection by Satjipto Rahardjo and the Theory of Dispute Resolution by Dean G. Pruitt and Jeffrey Z. Rubin. This research adopts a normative juridical approach, which is a legal study based on literature or secondary data, utilizing primary, secondary, and tertiary legal materials. The research employs several approaches, namely the statutory approach, case approach, analytical approach, and conceptual approach. Legal materials were collected through the identification and inventory of positive legal rules, literature, books, journals, and other legal sources. The analysis of legal materials was conducted using legal interpretation—specifically grammatical and systematic interpretation—and legal construction methods, including analogy construction and the refinement of law (rechtsverfijning). The findings reveal that legal protection for shareholders in the context of corporate land control continues to face obstacles, both in terms of regulation and implementation. Although, in normative terms, company law clearly separates corporate assets from the personal property of shareholders, practical realities indicate that abuse of authority by management or majority shareholders still occurs frequently
Legal Protection of Indigenous Land Rights: A Study of Customary Law Integration in National Legal Maswatu, Ismail; Santosa, Tomi Apra; Ghoni, Abdul; Dewi, Mira Nila Kusuma; Taqiyuddin Kadir; Hartawati, Andi
RIGGS: Journal of Artificial Intelligence and Digital Business Vol. 4 No. 3 (2025): Agustus - October
Publisher : Prodi Bisnis Digital Universitas Pahlawan Tuanku Tambusai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/riggs.v4i3.2223

Abstract

The protection of indigenous land rights is a crucial aspect in safeguarding the identity, culture, and economic sustainability of indigenous communities. This study examines the integration of customary law (hukum adat) into the national legal framework as a means to ensure legal certainty and justice for indigenous peoples. Using a normative juridical approach supported by statutory, conceptual, and case analysis, the research explores how national regulations accommodate the recognition, protection, and enforcement of customary land rights. The findings reveal that although the Constitution and several sectoral laws explicitly acknowledge the existence of customary law, their implementation is often hindered by overlapping regulations, weak institutional mechanisms, and the dominance of state-centered land policies. The study argues that effective integration requires harmonization between customary norms and national legislation, the establishment of participatory dispute resolution mechanisms, and the strengthening of institutional capacity to recognize and register indigenous territories. This research contributes to the discourse on legal pluralism by offering a framework for integrating customary law into national law without eroding its unique characteristics, thereby promoting both social justice and sustainable land management.