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All Journal Kertha Semaya International Journal of Artificial Intelligence Research WAJAH HUKUM JISIP: Jurnal Ilmu Sosial dan Pendidikan PALAR (Pakuan Law review) Pena Justisia: Media Komunikasi dan Kajian Hukum Jurnal Pendidikan dan Konseling JUSTISI Jurnal Darma Agung Jurnal Supremasi LEGAL BRIEF Jurnal Poros Hukum Padjadjaran Indonesia Law Review (ILREV) Indonesian Notary Journal of Central Banking Law and Institutions Jurnal Hukum dan Pembangunan Technology and Economics Law Journal
Nefi, Arman
Faculty Of Law Universitas Indonesia
Arts Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Electrical & Electronics Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Mathematics Social Sciences Other

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Keabsahan Akta Notaris Melalui Tindakan Hostile Takeover Pada Perseroan Terbatas Terbuka Regina Adella Palmata Putri; Nefi, Arman
JUSTISI Vol. 10 No. 1 (2024): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v10i1.2884

Abstract

This research aims to ascertain and analyze hostile takeover actions occurring in Listed Companies, as well as the validity of notarial deeds resulting from hostile takeover activities. The research method employed by the author is normative or doctrinal legal research, utilizing a legislative approach along with a conceptual approach. The research findings are as follows: (1) There are various methods employed by aggressors in conducting a Hostile Takeover when the target company is a Listed Companies, namely through Tender Offer, involving the presentation of a cash offer to shareholders, and the acquisition of shares by the aggressor at an elevated price, aligning with the tender price rather than the market price. Another method is Proxy Fight, entailing persuasive actions to replace members of the board of directors to facilitate the takeover plan. (2) Regarding the validity of Notarial Deeds executed as a consequence of Hostile Takeover activities, they remain legally binding as long as their validity can be substantiated externally, formally, and materially. However, such deeds can be annulled through legal proceedings, provided there is a party seeking the annulment, and valid grounds for such action exist. Keyword : Notarial Dees; Hostile Takeover; Listed Company.
The Role of Capital Market Notary in Corporate Backdoor Listing Actions in Indonesia Syahdinda, Nabilla; Nefi, Arman
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i2.2865

Abstract

The Rapid of economic development certainly affects the business world seen from the efforts of a company to expand its business, where business expansion certainly requires large funding. One of the ways to obtain funding is through activities in the capital market. A Limited Liability Company will trade securities but previously the company must have been listed on the Stock Exchange. The mechanism of going public by way of an Initial Public Offering (IPO) has conditions that are difficult to fulfill for some companies, so some companies take an alternative by doing Backdoor Listings, in order to be listed and get benefits like a public company. The author uses a normative juridical approach by examining literature or secondary data related to tertiary legal principles and norms and materials, which will be analyzed descriptively. The author sees that, there is no specific regulation related to backdoor listing corporate actions in the implementation of capital market activities in Indonesia and likewise with the absence of regulations that can be used as guidelines by notaries in the capital market sector in supporting backdoor listing corporate actions.`Keywords: Backdoor Listing, Notary, IPO, Go Public, the Financial Services Authority
Kepastian Hukum Terhadap Investor Hutan Tanaman Industri Pasca Terbitnya Peraturan Pemerintah Nomor 57 Tahun 2016 Tentang Perubahan Atas Peraturan Pemerintah Nomor 71 Tahun 2014 Tentang Perlindungan Dan Pengelolaan Ekosistem Gambut Nefi, Arman; Fonger, Suhardi; Akbar, Andy
Technology and Economics Law Journal
Publisher : UI Scholars Hub

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Abstract

One of the natural resources that become strategic assets and have economic function to support the development of national economy is forest. Investments in pulp and paper factories certainly depend heavily on the availability of raw materials from plantations that support their production capacity. Therefore, the industrial timber estate businessmen who have been given license certainly have hope that the given area can be used as much as possible. In order to preserve the peat ecosystem, the government in 2014 issued Government Regulation No. 71/2014 tentang Perlindungan dan Pengelolaan Ekosistem Gambut. Under this policy, there will be such land designated as a protected peat ecosystem function, so that business actors whose licensing areas have peat ecosystems are prohibited for land clearing in the peat ecosystem. However Article 45 of Government Regulation No. 71/2014 provides an exception to business actors who have permission before this Government Regulation No. 71/2014 is issued and has conducted activities on such land will remain valid until the license expires. This became a polemic when the Government revised the Government Regulation No. 71/2014 with Government Regulation No. 57/2016. Article 26 paragraph (1) of this Government Regulation prohibits the opening of new land until the establishment of protected functions and cultivation functions in the peat ecosystem area. Option is given by the Government as referred to in Article 8G of Peraturan Menteri LHK No. P.17 / 2017 by providing a replacement land mechanism for IUPHHK-HTI holders whose area is above or equal to 40% designated as peat ecosystem. However, the replacement land criterion is still unclear so it does not provide business certainty to the business actors.
Indonesian Capital Market Investor Protection in Cases of Embezzlement Nefi, Arman; Adiwarman, Adiwarman
Indonesia Law Review Vol. 13, No. 2
Publisher : UI Scholars Hub

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Abstract

Law Number 8 of 1995 on Capital Market, in Articles 90 to 98, regulates fraud, market manipulation and insider trading. There is no regulation of embezzlement in the Indonesian Capital Market. Have the legislators forgotten, or have anticipated that there will never be embezzlement in the legal realm of the Indonesian Capital Market? The paper deals with the absent of criminalization of embezzlement in capital market act and produce the recommendation to cope with the issue. This study uses a normative legal analysis method with a conceptual, an analytical, and a case study approach. Several legal cases that are strongly indicated to be in the realm of embezzlement in the capital market have become the subject of a comprehensive study, with the main characteristic being that the victims are massive, and even more investors suffer losses. Testing through elements of fraud, market manipulation and insider trading did not meet the requirements, however where it is viewed from the elements of the embezzlement, this is more appropriate. However, the Capital Market Law does not have a specific article on embezzlement, which finally direct to Criminal Code with a lighter sanction. Based on such findings and facts, it is necessary to amend the Indonesian Capital Market Law to reach embezzlement.
Optimizing the Role of Notaries in Digital Property Inheritance: A Comparative Legal Analysis Sendrawan, Tjhong; Agustina, Rosa; Makarim, Edmon; Nefi, Arman; Ipfelkofer, Josephine Rus Indra Sapti
Indonesia Law Review Vol. 15, No. 2
Publisher : UI Scholars Hub

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Abstract

One of the provisions in inheritance laws regarding the transfer of digital property after someone's death is a relatively new and evolving area of legal consideration. Inheritance laws were developed long before the widespread adoption of digital property, such as cryptocurrencies, non-fungible tokens (NFTs), online accounts, and other forms of digital property. As a result, existing inheritance laws often lack clear guidance on how to control the legal transfer of these digital assets upon the owner's death. This article aims to analyze the legal concept of digital property to be inherited and to provide solutions for current digital property inheritance issues from a notarial perspective. This study conducts a thorough analysis of digital property under inheritance law and how notaries should play a role in digital inheritance matters. A method of doctrinal legal analysis of current national and international laws and regulations pertaining to digital property succession is also employed, as well as comparative legislative studies examining proposed policies across jurisdictions to garner real-world insights into the operational challenges, emerging practices, and pragmatic considerations surrounding notary participation in digital inheritance procedures. Updating inheritance laws to address the transfer of digital property is crucial to protect the rights and interests of individuals, promote legal certainty, and ensure that these valuable assets are properly accounted for and transferred to rightful heirs or beneficiaries. The law of property in the Indonesian Civil Code needs to be immediately adjusted to the development of the digitalization era. This article suggests optimizing the role of notaries to create authentic deeds on digital property inheritance. Keywords: Digital property, inheritance, notary, will.
Co-Authors A. Partomuan Pohan Adinda Afifa Putri Adiwarman, Adiwarman Agus Sardjono Ahmad Fauzi Tegar Nugraha Akbar, Andy Amalia, Garnita Anggis Dinda Pratiwi MF Aryansyah, Rezza Ayuningtyas, Dyah Puspitasari Cyntia Catharina Junita Edmon Makarim Efa Laela Fakhriah Fonger, Suhardi Gabriella Christie Laminto Gatut Priyo Sembodo Gravita Sari Rahajaan Ipfelkofer, Josephine Rus Indra Sapti Khoirurridho Al Qeis Lize Maydner Malebra, Irawan Nabilla Syahdinda Pantouw, Regina Maryke Maria Regina Adella Palmata Putri Rizka Rahadiyani Aisyah Rosa Agustina Sendrawan, Tjhong Shania Puttie Syabilla Shinta Hendraningrum Kesuma Dewi Stephanie Irmina Rouli Marini Munthe Syahdinda, Nabilla Syanel, M. Faiz Putra Tari, Nila Tjhong Sendarawan Veryantoyo Eka Yunanda