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All Journal Jurnal Muara Ilmu Sosial, Humaniora, dan Seni Jurnal Hukum Adigama
Andryawan Andryawan
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Arts Law, Crime, Criminology & Criminal Justice Social Sciences

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ANALISIS KEKUATAN HUKUM ATAS PENGAMBILAN KEPUTUSAN DENGAN METODE CIRCULAR RESOLUTION PADA PERSEROAN TERBATAS Slivia Cendana; Eva Fortuna; Devina Trianti; Andryawan Andryawan
Jurnal Hukum Adigama Vol 4, No 1 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i1.12035

Abstract

One of the aims and objectives of the Limited Liability Company is to make decisions for the sustainability of the Company. This decision making is carried out by shareholders in the organs of a limited liability company, namely the General Meeting of Shareholders (GMS), generally this decision making is carried out in a meeting that has been previously scheduled as stated in the Articles of Association of a Limited Liability Company. However, there are other ways of decision making in Limited Liability Companies which are carried out by shareholders besides the GMS as regulated in Law Number 40 of 2007 Article 91 concerning Limited Liability Companies, which are known as circular resolutions. This Circular Resolution is a mechanism provided by law for the convenience of shareholders. This study aims to determine the legal power of decision making and to determine the effectiveness of decision making by using the circular resolution method in Limited Liability Companies. This research method is normative research by examining the positive rule of law in Indonesia and literature studies. The results of this study indicate that decisions made by Circular Resolution have binding legal force as well as decisions made by the GMS by calling beforehand. This Circular Resolution can be carried out as a substitute for the conventional GMS as stated in the Articles of Association of the Company. The circular resolution does not have to mandatorily written on the notarial deed to prove its legal legitimacy, but there are provisions regarding several decisions that must be stated on the notarial deed. Circular resolution decisions are effective because these decisions are generally made to the convenienxe of limited liability companies which are closed, which the closed limited liability company only consists of a few shareholders so obtaining a signature as a form of validity of the decision is easier compared to publicly listed companies.
DUALISME PENYELESAIAN SENGKETA KONSUMEN DI SEKTOR JASA KEUANGAN Andryawan Andryawan
Jurnal Muara Ilmu Sosial, Humaniora, dan Seni Vol 1, No 2 (2017): Jurnal Muara Ilmu Sosial, Humaniora, dan Seni
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat, Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/jmishumsen.v1i2.1469

Abstract

The estabilishment of alternative dispute settlement institutions in the financial service sector by financial services authorithy as if it wants to compete with the existence of consumer dispute settlement agency. The estabilishment institutions of alternative dispute settlement in the financial service sector on the basic of financial service authority regulatory law number 1 year 2014 on the financial service authority, while consumer dispute settlement agency formed by the law number 8 year 1999. Verdict generated by these two institutions are final and binding, however against the verdict institutions of alternative dispute settlement in the financial service sector cannot be impelemnted if the consumer does not accept the verdict, giving rise to the possibility for financial service businesses to submit district court (of justice). Another case with verdict of the consumer dispute settlement agency it can be objected in district court (of justice) by one of the parties does not accept the verdict. The prosecuting authority (competence) of the institutions of alternative dispute resolution financial service sector and consumer dispute resolution has not been regulation, so that dualism in handling consumer disputes settlement agency. This is evidenced by the many disputes between the consumer banking or non-banking and non-financial services businesses were marked by consumer dispute settlement agency. Therefore need for strict regulation regarding the authority or competence of an absolute judge of these two institutions and needs for improvement of the legislation to get around this legal weaknes shortcomings.
Co-Authors Devina Trianti Eva Fortuna Slivia Cendana