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All Journal DiH : Jurnal Ilmu Hukum Yuriska : Jurnal Ilmiah Hukum
Suradiyanto Suradiyanto
Dosen Fakultas Hukum Universitas Lambung Mangkurat Banjarmasin
Law, Crime, Criminology & Criminal Justice

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PEMBANGUNAN HUKUM INVESTASI DALAM PENINGKATAN PENANAMAN MODAL DI INDONESIA Suradiyanto, Suradiyanto; Warka, Made
DiH: Jurnal Ilmu Hukum Vol 11 No 21 (2015)
Publisher : Doctor of Law Study Program Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/dih.v11i21.444

Abstract

Abstrak: Penanaman modal suatu asing, sangat memepunyai peran yang penting, mengingat  suatu Negara yang maju masing membutuhkan penanaman modal, apalagi suatau Negara yang sedang berkembang. Pemerintah Kabupaten dan Kota di seluruh Indonesia, menggali potensi daerahnya masing-masing dalam rangka melakukan promosi-promosi, sehingga akan dapat menarik gaerah penanaman modal dalam berinvestasi. Menindak lanjuti keinginan tersebut, maka Pemerintah Kabupaten/Kota masing-masing mengeluarkan Peraturan Daerah (disebut  Perda), dalam rangka meningkatkan Pendapatan Asli Daerah (PAD), tanpa melihat kepentingan masyarakat serta dampak lainnya, Sasaran peningkatan PAD adalah masyarakat dan investor pada umumnya. atas kewenangan daerah Kabupaten/Kota, akhirnya berlomba-lomba mengeluarkan peraturan daerah (Perda) tanpa memperhitungkan aspek-aspek lainnya, yang dapat menghambat penanaman modal di wilayahnya masing-masing. Antara lain peraturan daerah tentang retribusi parkir, retribusi penerangan jalan dan perizinan bidang industri perdagangan dan penanaman modal.Keywords: Pembangunan Hukum Investasi, Peningkatan Penanaman Modal 
ASPEK YURIDIS PASAR MODAL SEBAGAI SARANA PEMBIAYAAN DAN PENGEMBANGAN PERUSAHAAN Suradiyanto, Suradiyanto
Yuriska: Jurnal Ilmiah Hukum Vol. 10 No. 1 (2018): February
Publisher : Law Department, University of Widya Gama Mahakam Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24903/yrs.v10i1.264

Abstract

Parties that require investment fund is not limited to the government alone, but also other productive sectors of the private sector. If the government usually acts as an initiative taker physical infrastructure development, the private sector (individuals and companies) to act as a driver of economic activity such as attempts commercial production of goods and services calculated based on pure business will be profitable. All this requires a good investment fund short-term nature, such as working capital for the cost of operational needs, as well as long-term funds such as for procurement of fixed assets required. In order to meet the needs of the company will fund as a means of financing and development can be done through various options of financing the company and one of the company's financing alternatives can be done by finding others to participate invest in the company. This can be done by selling the majority ownership of the company to the general public by way of public offering (go public) through the capital market. Initial public offerings made by the company through the capital market can make the company receives cash from the public which can then be used by the company for financing and development of the company
Kewajiban Atas Divestasi Saham Bidang Pertambangan Minerba Di Indonesia Dalam Perspektif Keadilan Suradiyanto, Suradiyanto
Yuriska: Jurnal Ilmiah Hukum Vol. 11 No. 1 (2019): February
Publisher : Law Department, University of Widya Gama Mahakam Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24903/yrs.v11i1.456

Abstract

The potential of natural resources owned by Indonesia need to be processed in order to make a significant contribution to the economy of the country which ultimately intended for the welfare of the people. One of the natural resources that have economic value that is large enough is mineral resources and coal, but without the management of the potential of natural resources will not mean anything. Dynamics faced by Indonesia as a developing country, faced with a number of internal problems including the limitations of technology, sources of funds and human resources. These things are the constraints in the management and utilization of natural resources by the state. To overcome these obstacles, the Indonesian government to cooperate with investors in the management of existing natural resources contained in a concept of cooperation known as Contract of Work. The development that occurs in Mining Law the existence of divestment obligations as  a requirement in a Contract of Work.
ANALISIS YURIDIS PENGAMBILALIHAN SAHAM PT PRIMA TOP BOGA OLEH PT NIPPON INDOSARI CORPINDO, TBK DARI PERPEKTIF UNDANG-UNDANG NOMOR 5 TAHUN 1999 (Studi Kasus Putusan Komisi Pengawas Persaingan Usaha Nomor: 07/KPPU-M/2018) suradiyanto, Suradiyanto; Pratiwie, Dinny Wirawan
Yuriska: Jurnal Ilmiah Hukum Vol. 11 No. 2 (2019): August
Publisher : Law Department, University of Widya Gama Mahakam Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24903/yrs.v11i2.521

Abstract

The purpose of this study is to review and analyze the legal consequences of acquisitions made on limited liability companies; and based on theconsiderations used by KPPU to determine that PT Nippon Indosari Corpindo, Tbk. Has violated Law Number 5 of 1999 .This research is normative legal research. Secondary data collection in library research is done by studying documents. The data analysis method used in this study is descriptive and analyzed qualitatively.The results of this study are: (1) Acquisition or Acquisition of Limited Liability Companies can also provide legal consequences affecting the Limited Liability Company. The legal consequences referred to in the Limited Liability Company are the legal consequences both institutionally, namely shareholders, employees, and third parties, as well as the legal consequences of certain parties, especially to third parties or creditors from the acquired limited liability company. In practice that has happened so far, the status of creditors' receivables in a limited liability company that has been acquired is the responsibility of the new Shareholders ; and (2) In the reading of the decision it was also explained that the reported party had acquired / taken over shares of PT Prima Top Boga on January 24, 2018, amounting to 32,051 shares (issuance of new shares) taken over by adding capital worth Rp31,499,722,800 , 00 (thirty one billion four hundred ninety nine million seven hundred twenty thousand eight hundred rupiahs) by Pt Nippon Indosari Corpindo, Tbk. After a long process, through the Merger Directorate, it was conveyed that based on the calculation of calendar days, notices of the takeover of shares of the PT Prima Top Boga company should be notified to the Commission no later than March 23, 2018. However, the reported report took place on March 29, 2018. In accordance with PP No. 57 of 2010 that the reported party is obliged to notify the Commission of the acquisition of shares no later than 30 (thirty) working calendar days from the date the juridically effective Business Entity, Business Entity Consolidation or Takeover of Company Shares are effective.  
Perlindungan Hukum Persaingan Usaha Terhadap Indikasi Persekongkolan Tender Jack Up Drilling Rig Services Antara HUSKY-CNOOC MADURA LIMITED Dengan PT COSL INDO (Analisis Putusan KPPU No. 03/KPPU-L/2016) suradiyanto, suradiyanto; Pratiwie, Dinny Wirawan
Yuriska: Jurnal Ilmiah Hukum Vol. 12 No. 1 (2020): February
Publisher : Law Department, University of Widya Gama Mahakam Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24903/yrs.v12i1.824

Abstract

Conspiracy use various way for coordinate activities they like through settings production, determination price horizontally, collusive tendering, division area, division consumer as a non-territorial, and division share market, even though similarly we need realize it that effective conspiracy it is not easy for achieved. However there trend the perpetrators business will always attempted maximizing profit his company respectively. Must there is some requirement in occurrence a conspiracy is must existence deal agreement or collusion between perpetrators effort. There is two form collusion in conspiracy, namely: collusion explicit, where the member communicate and coordinate deal they on real/live can declared with some document agreement already they agree, the data regarding the joint audit, management conspiracy, policies-policies writing, sales data and other data. There is also collusion secretly, where the perpetrators business member conspiracy no communicate on blatant, usually meetings too held on secret. And regular use as the media is association industry, so meetings member conspiracy camouflaged with legal meetings such as meeting associations. Form the second collusion this very difficult for detected by enforcer law. However experience from various country prove that at least 30% of conspiracy is involve associations.
Co-Authors Made Warka, Made Pratiwie, Dinny Wirawan