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THE LEGAL PROTECTION OF MINORITY SHAREHOLDERS AGAINST COMPANY CONSOLIDATION IN THE PERSPECTIVE OF THE LIMITED LIABILITY COMPANY LAW Novanda, Ni Putu Rosita; Mahendrawati, Ni Luh Made; Styawati, Ni Komang Arini
YURIS: Journal of Court and Justice Vol. 4 Issue 2 (2025)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v4i2.762

Abstract

Company consolidation is one of the legal actions that can significantly impact shareholders, predominantly minority shareholders. Law No. 40/2007 on Limited Liability Companies (UUPT) stipulates that in the consolidation process, the rights of minority shareholders must still be considered, including the right to request the purchase of their shares at a fair price if they disagree with the decision of the General Meeting of Shareholders (GMS). However, in practice, implementing legal protection for minority shareholders still faces various challenges, especially regarding legal certainty and the mechanism for exercising their rights. This research aims to provide a comprehensive understanding of the legal landscape surrounding minority shareholders in the context of company consolidations, highlighting both existing protections and areas needing reform. This research uses normative legal research methods with statutory and conceptual approaches. The results show that although Article 62 of the UUPT gives minority shareholders the right to sell their shares to the company in certain situations, the absence of clear sanctions for companies that fail to carry out this obligation causes legal uncertainty. Therefore, a firmer legal reconstruction is necessary, including providing administrative sanctions and compensation for companies that do not fulfil their obligations. In addition, dispute resolution mechanisms can be implemented through litigation and non-litigation channels, such as mediation and arbitration, to provide more effective protection for minority shareholders.
THE EFFECTIVENESS OF ALCOHOLIC BEVERAGE DISTRIBUTION CONTROL THROUGH BULELENG REGENCY REGULATION NO. 9 OF 2016 Premasanti, Nyoman Asri; Mahendrawati, Ni Luh Made; Styawati, Ni Komang Arini
YURIS: Journal of Court and Justice Vol. 4 Issue 2 (2025)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v4i2.771

Abstract

The circulation and sale of alcoholic beverages in Buleleng Regency remain prone to violations, particularly regarding business licensing and permitted trading locations. Despite existing regulations, supervision is often ineffective, allowing unauthorized sales and non-compliant business operations. Challenges in enforcement contribute to ongoing violations. This study aims to evaluate the effectiveness of supervision over the circulation and sale of alcoholic beverages in Buleleng Regency and identify key obstacles hindering proper enforcement. This research uses an empirical legal method to examine the gap between law and social reality through juridical and sociological approaches, supported by qualitative analysis of observations, interviews, and documentation linked to legal theories and regulations. The supervision of alcoholic beverage sales in Buleleng Regency is carried out through guidance, field inspections, and enforcement by an Integrated Team of various technical agencies. However, this supervision has not been fully effective, as the goals outlined in the regulations have not been achieved. Many businesses still operate without licenses and violate location restrictions. Several factors hinder effective implementation, including weak enforcement, overlapping responsibilities among agencies, low legal awareness among business owners, and limited public understanding of the health and social impacts of alcohol consumption.
Legal Analysis of the Use of Deed de Command as a Supporting Basis for Collateral Execution Liang Ning, Ni Luh Nita Mey; Mahendrawati, Ni Luh Made; Renaya, Nengah
Journal of Law, Politic and Humanities Vol. 5 No. 5 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i5.1747

Abstract

This article examines the Legal Analysis of the Use of Deed of Command as a Supporting Basis for Collateral Execution. The object of this research is the practice of using Deed De Command in the execution of collateral by creditors. The purpose of this study is to evaluate the legality, validity, and effectiveness of the use of Deed De Command in supporting the execution of collateral and its impact on creditor risk management. The research method used is normative law with descriptive analysis. The results of the study show that the Deed De Command has an important role in accelerating the execution of collateral and reducing Non-Performing Loans, although there is a gap in the norms in the regulations governing the use of the deed, which can cause legal uncertainty. In conclusion, the De Command Act is very relevant in accelerating the settlement of non-performing loans, but there needs to be regulatory updates to ensure legal certainty in its implementation
Legal Protection and Empowerment of Songket/Endek Fabric Weavers in Gelgel Village Tourism Area, Klungkung Styawati, Ni Komang Arini; Mahendrawati, Ni Luh Made; Laksmi, Anak Agung Rai Sita; Wijaya, I Ketut Kasta Arya; Rideng, I Wayan; Widiati, Ida Ayu Putu; Mardika, I Made; Ekayani, Ni Nengah Seri; Wesna, Putu Ayu Sriasih; Utama, I Wayan Kartika Jaya; Muliana, I Wayan; Susanthi, I Gusti A.A. Dian; I Gusti Putu Ghosadhira Vedhastama; Erawati, Ni Putu Tina; Bongon, Miel S.; Villafuerte, Marcelo Roland C.; Vibandor, Demosthenes B. Vibandor; Sentelices, Leovigildo C.; Raymundo, Carlos M.
AJARCDE (Asian Journal of Applied Research for Community Development and Empowerment) Vol. 9 No. 1 (2025)
Publisher : Asia Pacific Network for Sustainable Agriculture, Food and Energy (SAFE-Network)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29165/ajarcde.v9i1.523

Abstract

Gelgel Village is one of the villages in Bali known for producing Balinese woven fabrics, namely songket and endek fabrics. Songket/endek fabric is one of the characteristics of Balinese cultural products. In order to preserve songket weaving, legal protection is necessary. Moving on from this matter, there are several problems experienced by participants in this program, namely: 1) Lack of interest of the younger generation in working as weavers, 2) Lack of compatibility of work results required by employers with weavers, and 3) Legal protection for workers and employers of songket/short cloth weaving in Gelgel Village, Klungkung. The activities carried out in this program were to provide counseling on the importance of preserving songket weaving as a cultural characteristic. These activities increased the younger generation's interest in weavers by counseling them on preserving songket weaving as a cultural characteristic. In addition, a good working relationship is needed in the songket/short woven fabric production process so that the weaving results are by the expectations of employers and consumers. Legal protection for weaving workers is to provide their rights as workers by applicable laws and regulations. Entrepreneurs are also encouraged to get legal protection by making Intellectual Property Rights (IPR) in the form of Copyright.
Institutional Strengthening in Supporting Ecotourism Development in the Branca Area Tourist Area, Dili-Timor Leste Rideng, I Wayan; Mahendrawati, Ni Luh Made; Setyawati, Ni Komang Arini; Marta, I Dewa Gd Mahardika; Reiro, Leonito; Manuel, Julio
Asian Journal of Community Services Vol. 3 No. 11 (2024): November 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/ajcs.v3i11.11763

Abstract

The community service program aimed to strengthen institutional capacity in supporting the development of ecotourism in the Area Branca, Dili, Timor Leste. This research focused on assessing community participation and collaboration among stakeholders, including local government and businesses, to enhance tourism management. Using a qualitative methodology, the study employed observations and focus group discussions conducted between June and August 2024. The findings indicate limited community involvement and weak institutional frameworks as significant barriers to tourism development. Strengthening local institutions and fostering partnerships with external stakeholders were proposed as strategic solutions to enhance tourism management. The results imply potential long-term benefits for local economic growth and sustainable tourism development.
Comparative Study Comparative Study in the Development of Agrarian Reform of the Indonesian Land Bank Agency with the Federal Law Development Authority (Felda) Malaysia UTAMA, I Wayan Kartika Jaya; ABDULLAH, Mohd Kamarulnizam Bin; MAHENDRAWATI, Ni Luh Made; WESNA, Putu Ayu Sriasih; PERMATASARI, Indah; SUKANDIA, I Nyoman; AGUNG, Anak Agung Istri
Protection: Journal Of Land And Environmental Law Vol. 4 No. 1 (2025): Protection: Journal Of Land And Environmental Law. (July – October 2025)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/pjlel.v4i1.1401

Abstract

The Land Bank Agency faces various challenges, these challenges include limited accurate spatial data, frequent agrarian conflicts between indigenous peoples, farmers, and large companies, and weak coordination between government institutions. In addition, policy implementation is often hampered by bureaucratic issues, overlapping regulations, and low community participation in the decision-making process. Therefore, an innovative approach and learning from best practices in other countries that have previously implemented similar policies are needed. One country that has long experience in implementing agrarian reform is Malaysia. Through the establishment of The Federal Land Development Authority (FELDA) in 1956. The type of research that researchers use in this study is a qualitative descriptive research method. The approach used in this study is normative juridical descriptive. The research was conducted by literature study to obtain legal materials and using document study techniques. The Malaysian land bank, FELDA, has been established for a long time, namely in 1956, compared to the Indonesian Land Bank Agency, which only had definite regulations in 2021 and FELDA has a different implementation mechanism compared to Indonesia, namely FELDA focuses more on implementing land banks in the agricultural sector, while the implementation of land banks in Indonesia tends to be relatively new.
Legal Certainty in the Transfer of Land Rights Based on Deed of Transfer Under Private Hand Legalized by a Notary Sugiartha, I Ketut; Mahendrawati, Ni Luh Made
Journal Equity of Law and Governance 105-109
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.7.2.2025.105-109

Abstract

The role of notaries as public officials authorized to prepare authentic deeds is increasingly challenged by the rising complexity of financial crimes such as money laundering. While Indonesian regulations obligate notaries to implement the Know Your Customer principle (Prinsip Mengenali Pengguna Jasa/PMPJ), a normative gap exists in the Law on Notary Office (UUJN), particularly in Article 38, which does not authorize notaries to actively verify the legal identity or intentions of their clients. This discrepancy between regulatory obligation and statutory limitation creates legal uncertainty and exposes notaries to potential criminal liability. Previous studies have focused on compliance issues and ethical dilemmas faced by notaries but lack a comprehensive legal protection framework. This study aims to analyze the normative position of notaries in implementing PMPJ and to formulate an ideal legal protection model. The research employs a normative juridical method with statutory, conceptual, and case approaches, supported by qualitative-deductive analysis. The findings reveal that without the authority to verify client data beyond formal documents, notaries are vulnerable to misuse in money laundering schemes. The study proposes a legal reform model comprising: (1) revision of the UUJN to authorize controlled verification; (2) limited legal immunity for compliant notaries; and (3) integration of technological tools such as digital identity authentication. This work advances the current state of knowledge by highlighting the urgent need for harmonization between notarial duties and anti-money laundering mandates, thereby ensuring both legal certainty and protection for notaries within Indonesia’s evolving legal system.
Perlindungan Hukum Bagi Investor Terhadap Pelaku Usaha yang Melakukan Bisnis Online Secara Ilegal Astrawan, Kadek Yudi; Mahendrawati, Ni Luh Made; Wesna , Putu Ayu Sriasih
Jurnal Analogi Hukum 172-176
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.4.2.2022.172-176

Abstract

The rapid advancement of information and communication technology has made it easier for some unscrupulous business actors to do online business illegally in cryptocurrency, cryptocurrency itself is a digital asset on the internet. The problem that can be raised is, how is the legal protection for investors against illegal online businesses? And what are the legal consequences for business actors who do illegal online business? This thesis uses a normative legal research method and uses a conceptual approach and legislation. After conducting research, it is known that cyber crime is difficult to overcome by the government which only relies on conventional positive law. There are two forms of legal protection for investors, namely, preventive and repressive legal protection. Based on the Consumer Protection Act, investors can file a class action lawsuit against business actors who conduct online business illegally, especially in the case of cryptocurrencies. The legal consequences for business actors who conduct online business illegally in cryptocurrencies are contained in Bappebti regulation 5/2019, precisely in Article 21 Paragraph 2.
Perlindungan Konsumen Akibat Maraknya Pembangunan Toko Swalayan di Kabupaten Gianyar Nawangsari, Ni Made Isadhanti; Mahendrawati, Ni Luh Made; Ujianti, Ni Made Puspasutari
Jurnal Analogi Hukum 7-13
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jah.6.1.2024.7-13

Abstract

The rise of the construction of supermarkets in Gianyar Regency causes the competitiveness of business actors to be increasingly fierce and the community as consumers who are not sensitive to their own rights, the position of consumers is getting weaker than business actors. The formulation of this research problem includes: What is the form of legal protection for consumers who make transactions at convenience stores in Gianyar Regency? and What are the legal consequences for convenience store businesses that violate consumer rights? This study is carried out using empirical legal research methodology, which involves investigating how the application of law in society and seeing the law in its practical application. The results of this study explain that consumers receive direct legal protection fromConsumer Protection Act. Consumers who are harmed by the convenience store in the form of damage or goods that have expired are held accountable in the form of direct compensation by the convenience store.
Tanggung Jawab Konsumen Terhadap Kerugian Pelaku Usaha Dalam Transaksi Pembuatan Baju di Garmen Dipa Production Kabupaten Badung Lestari, Ni Ketut Maya Ari; Mahendrawati, Ni Luh Made; Ujianti, Ni Made Puspasutari
Jurnal Analogi Hukum 229-235
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jah.6.2.2024.229-235

Abstract

A corporation is closely related to an agreement that gives rise to rights and obligations that bind all parties. During the implementation of cooperation with Dipa Production garments with consumers, there have been problems regarding the transaction process that is not carried out by consumers, causing losses to Dipa Production garments. The formulation of the problem is: How is the legal relationship between business actors and consumers in the transaction of making clothes in Dipa Production garment Badung Regency? And what are the legal consequences for consumers against the loss of business actors in shirt-making transactions at Dipa Production garment in Badung Regency? The research method used is empirical legal research. The approach to the problem used is a statutory and sociological approach. Dipa Production garment makes an agreement with consumers to make clothes. The occurrence of problems due to late consumer performance and non-performance. In this case, consumers have not completed their obligations, such as late payment transactions, and not making payment transactions. Settlement of default disputes for consumers who are late in paying, can be resolved by negotiating. Meanwhile, consumers who do not make payments cannot be contacted at all and disappear.
Co-Authors A. M. Telman A.A. Rai Sita Laksmi A.A. Sagung Laksmi Dewi A.A.Gde Oka Wisnumurti ABDULLAH, Mohd Kamarulnizam Bin Acacio Fevucrules Alarico Mendona Telman Anak Agung Gede Candra Kusuma Anak Agung Gede Rizky Pramana Anak Agung Istri Agung Anak Agung Ngurah Bagus Krisna Pratama Antara, I Wayan Wesna Arimastanaya, I Gede Arini, Desak Gde Dwi Arini, Desak Gde Dwi Astrawan, Kadek Yudi Bongon, Miel S. C.A. Soares Cesaltina Angela Soares Dessy Lina Oktaviani Suendra Dewa Ayu Agung Laksmi Dewi Dewi, Gusi Ayu Arya Anindyanari Auliani Dewi, Ni Kadek Marantina Dinda Aurelia Danian Dion, Kristian Ananta Elisabeth Ayustina Putri Korassa Sonbai Erawati, Ni Putu Tina Gede Angga Prawirayuda Gofin Sahensa Pradana I Gde Suranaya Pandit I Gede Raka Ramanda I Gusti Ngurah Bagus Maha Iswara I Gusti Ngurah Md Rama Andika I Gusti Putu Ghosadhira Vedhastama I Ketut Irianto I Made Aditya Mantara Putra I Made Arjaya I Made Mardika I Made Mardika I MADE MINGGU WIDYANTARA, I MADE MINGGU I Made Suniasta Amertha I Made Suwitra, I Made I Nyoman Alit Puspadma I Nyoman Alit Puspadma I Nyoman Budiartha I Nyoman Gallan Tri Prasuta Purwanta I Nyoman Kardana I Nyoman Putu Budhiartha I Nyoman Putu Budiartha I Nyoman Putu Budiartha I Nyoman Sujana I Nyoman Sukandia I Putu Deny Adistanaya Putra I Putu Gede Seputra I Wayan Arthanaya I Wayan Dodi M. Putra I Wayan Kartika Jaya Utama I Wayan Rideng I Wayan Sujana I Wayan Wesna Astara I Wayan Wesna Astara Ida Ayu Agung Idawati Ida Ayu Ratna Kumala Ida Bagus Agung Putra Santika Ida Bagus Udayana Putra Indah Permatasari Iswara, I Gusti Ngurah Bagus Maha Korneawan, I Gede Edy Laksmi, Anak Agung Rai Sita Lestari, Ni Ketut Maya Ari Lia Siti Sawaliah Liang Ning, Ni Luh Nita Mey lsye Aprilia Made Dilla Nitya Nirmala Made Wiryani Mahaputra, IB Gede Agustya Mandasari, IA Cynthia Saisaria Manuel, Julio Marta, I Dewa Gd Mahardika Muliana, I Wayan Mulyawati, Kade Richa Nawangsari, Ni Made Isadhanti Nengah Renaya Ni Kadek Erika Manggala Ni Kadek Vikka Ayu Swandewi Ni Komang A. Styawati Ni Made Puspasutari Ujianti Ni Nengah Seri Ekayani Ni Putu Purnama Wati Ningsih, Ni Luh Anik Puspa Novanda, Ni Putu Rosita Paramananda, N Pillipe Das Silva Pradnyandari, Ida Ayu Anggita Premadana, I Wayan Adi Cahya Premasanti, Nyoman Asri Putri, Ni Made Dwi Gayatri Putu Ayu Sriasih Wesna Putu Budiartha, I Nyoman Putu Gede Surya Dharma Sadana Putu Suryani . Raymundo, Carlos M. Reiro, Leonito Renaya, Nengah S Nahak Saisaria Mandasari, I.A. Cynthia Sang Nyoman Angga Diputra Senastri, Ni Made Jaya Sentelices, Leovigildo C. Setyawati, Ni Komang Arini Simon Nahak Simon Nahak Simon Nahak Simon Nahak Sitiari, Ni Wayan Styawati, Ni Komang Arini Sugiartha, I Ketut Sugiati, Gusti Ayu Susanthi, I Gusti A.A. Dian Ujianti, Made Puspasutari Ujianti, Ni Made Puspasutari Vibandor, Demosthenes B. Vibandor Villafuerte, Marcelo Roland C. Wesna , Putu Ayu Sriasih widia, ketut Widiastari, Ketut Ayu Widiati, Ida Ayu Putu Wiranantha, I Nyoman Adhi Guna Wisnumurti, AA Gede Oka Yuli Utomo, Yuli