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All Journal Jurnal Preferensi Hukum (JPH)
Ni Made Puspa Sutariujianti
Universitas Warmadewa
Law, Crime, Criminology & Criminal Justice

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Perlindungan Hukum Terhadap Pihak Ketiga Akibat Direksi Melakukan Tindakan di Luar Anggaran Dasar Perseroan Terbatas Putu Agung Surya Prawira; I Nyoman Putu Budiartha; Ni Made Puspa Sutariujianti
Jurnal Preferensi Hukum Vol. 2 No. 3 (2021): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (199.087 KB) | DOI: 10.22225/jph.2.3.3992.507-512

Abstract

Company carrying out actions outside the articles of association can basically be explained from the idea that the principles outside of these articles of association are generally accepted doctrines. In this case, sometimes there are problems that occur, so legal protection for third parties is very necessary in overcoming actions outside the articles of association of the limited liability company. The purpose of this study is to reveal the legal protection of third parties in the case of directors taking actions outside the articles of association of a limited liability company in an effort to restore the rights of third parties for actions by directors outside the articles of association of a limited liability company (PT). The type of research applied in this research is normative research. The sources of legal materials used are primary and secondary legal sources. Techniques for collecting legal materials by studying document recording. After the legal material is collected, it is then analyzed qualitatively. The results of the study reveal that in Indonesia it is possible to implicitly state the Limited Liability Company Law, acknowledge and accept the Doctrine outside the articles of association of the Limited Liability Company. In addition, there are also some grounds that can be used as an alibi to provide protection against third parties. These basics include the Principle of Good Faith, the Pacta Sun Servanda Principle and the Doctrine outside the Modern constitution. By relying on these basics, preventive legal protection and repressive legal protection can be provided.
Kepemilikan Satuan Rumah Susun Bagi Warga Negara Asing Di Indonesia Anak Agung Ngurah Sentana Putra; I Nyoman Putu Budiartha; Ni Made Puspa Sutariujianti
Jurnal Preferensi Hukum Vol. 3 No. 2 (2022): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/jph.3.2.4961.450-454

Abstract

The Indonesian Flats Ordinance is regulated by the Ministerial Ordinance or the head of the agency that handles affairs in the agricultural sector and aims to create legal certainty and protection for the owner of the right or house. The purpose of this research is to discuss the regulation of foreign houses in Indonesia and to find out what the meaning of foreign house law is in Indonesia. The sources of legal materials for this research are primary and secondary legal materials, where primary legal materials come from legislation relevant to the case raised. Meanwhile, secondary legal materials come from legal books and journals that can support primary sources. The collection of primary and secondary legal materials is carried out by collecting, reading and recording legal materials. However, first an agreement must be reached between the owners of the land rights, then the rights are submitted to the State Land Agency (BPN) under the attorney's power to sell the alternative, and so on. The process of transferring the right to housing into the use rights of foreigners. In addition, the legal impact of foreign housing ownership in Indonesia based on Government Regulation of the Republic of Indonesia Number 103 of 2015 aims to provide legal certainty regarding permits for foreign citizens. (Foreigners) own a flat (salsun)/apartment built on a plot of land that has the right to be used.
Co-Authors Anak Agung Ngurah Sentana Putra Putu Agung Surya Prawira Putu Budiartha, I Nyoman