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All Journal JURNAL DOKTRIN Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences
T. Erwinsyahbana
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Religion Arts Humanities Economics, Econometrics & Finance Social Sciences Other

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Study of Legal Assurance of Transfer of Shares in a Public Company that is a Joint Property without the Approval of the Partner Suheri Mira Atmaja; Muhammad Arifin; T. Erwinsyahbana
Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences Vol 4, No 4 (2021): Budapest International Research and Critics Institute November
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v4i4.3399

Abstract

Shared property in marriage, is a concept derived from customary law in Indonesia. In addition, this is stated in Law No. 1 of 1974 on Marriage. Not only that, Islamic law also regulates the common property in marriage. However, the joint assets included in the limited liability company's shares, are still a matter of debate. Based on Law No. 40 of 2007 concerning Limited Liability Companies, it is known that shares cannot be transferred to other parties, which means, shares are not included in the joint property. This research, therefore, wants to analyze the juridical status of shares as a common property in a marriage. Research is done with descriptive analysis. The results of the study found that the juridical status of shares as a common property in a marriage is expressly not contained in existing laws and regulations, but if viewed in Article 60 paragraph (1) of the UUPT which stipules that shares are moving objects and give rights to their owners, then if the shares are acquired during the marriage period, Research is done with descriptive analysis. The results of the study found that the juridical status of shares as a common property in a marriage is expressly not contained in existing laws and regulations, but if viewed in Article 60 paragraph (1) of the UUPT which stipulates that shares are moving objects and give rights to their owners, then if the shares are acquired during the marriage period.
KEWENANGAN JAKSA DALAM PENERAPAN SANKSI PIDANA MATI TERHADAP PELAKU TINDAK PIDANA PENYALAHGUNAAN NARKOTIKA Roceberry Ceristanthy Damanik; T. Erwinsyahbana
JURNAL DOKTRIN REVIEW Vol 1, No 1 (2022): Desember
Publisher : JURNAL DOKTRIN REVIEW

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Abstract

The application of capital punishment to perpetrators of narcotics abuse which is under the authority of the Prosecutor as law enforcer, found obstacles related to the mechanism for implementing capital punishment which makes it difficult to carry out death penalty executions. The role and authority of theProsecutor in carrying out criminal law enforcement, according to Article 1 Paragraph (1) of the Prosecutor's Law, namely the Prosecutor is a functional official who is authorized to act as a Public Prosecutor and to Implement Court Decisions. Prosecutors to apply the death penalty for perpetrators of narcotics abuse in accordance with Article 270 of the Criminal Procedure Code Prosecutors are the Executors of Court Decisions that have obtained permanent legal force. and The procedure for executing capital punishment is explained in Perkap No. 12 of 2010 concerning Procedures for the Implementation of Death Penalties, as well as the factors that influence the implementation of the Prosecutor's authority to apply death penalty for perpetrators of narcotics abuse are First the legal factor itself, Second the law enforcement factor, Third the means of law enforcement, Fourth the community factor, Fifth cultural factors. Therefore, the Government should make a new regulation that provides a solution so that death row convicts do not try to find ways to delay the execution.
Co-Authors MUHAMMAD ARIFIN Roceberry Ceristanthy Damanik Suheri Mira Atmaja