Agus Widyantoro
Faculty Of Law, Universitas Airlangga

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Implementation Principle of Prudence in Using Intellectual Property Rights as Collateral for Bank Credit Agus Widyantoro; Dita Elvia Kusuma Putri
Jurnal Ilmu Kenotariatan Vol. 6 No. 1: May 2025
Publisher : Faculty of Law, University of Jember, Indonesia

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Abstract

Government issued PP Number 24 of 2022, which regulates about riches intellectual as a debt guarantee object for financial institutions, banks or financial institutions non-banks to be able to provide financing to creative economy actors. But , in the practice Still there is problem related emptiness law on riches intellectual used as Banking debt guarantees , namely there is no basis for determining the economic value of an Intellectual Property Right , and if the debtor defaults there are obstacles to the execution of the Intellectual Property Right. Problems the cause uncertainty law and consequences institution finance No accommodate use Property Rights Intellectual as object guarantee . Formulation problem in study This are : 1) Position of Property Rights Intellectual Property as guarantee credit Banking in Indonesia, and 2) Realization principle caution in placement of Property Rights Intellectual Property as guarantee credit Banking . The research method of this article is legal research with a regulatory approach and a conceptual approach. The results of this article are first, HKI can be used as an object of fiduciary guarantee and the general fiduciary provisions apply because HKI is a movable object. The mechanism embodiment principle caution in placement of Property Rights Intellectual Property as guarantee credit banking , can done with analysis of the 5 C principles, namely character , capacity , capital , collateral , and condition of economy
Legal Protection for Public Shareholders on Forced Delisting of Securities by the Indonesian Stock Exchange Darren Mayer Hadi Kusuma; Zahry Vandawati Chumaida; Agus Widyantoro
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.5262

Abstract

This study discusses the legal protection for public shareholders in the event of a forced delisting. This legal protection includes sanctions for public companies that fail to fulfill their legal obligation to repurchase all public shares. The novelty of this research lies in the fact that it not only examines the legal protection for investors that is normatively regulated by law but also delves into the legal responsibility for the losses suffered by investors as public shareholders when a public company fails to repurchase public shares following a forced delisting. The research employs a normative juridical method using a literature review of primary and secondary legal materials. The legal responsibility of a public company for investor losses is based on an unlawful act (onrechtmatige daad) committed by the public company for not fulfilling its legal obligation to repurchase all public shares as stipulated in OJK Circular Letter Number 13/SE.OJK.04/2023. The results show that investors have the right to legal protection in the event of a de-listing. These protections include the company's obligation to buy back all public shares, which is regulated in OJK Regulations. If the company does not fulfill this obligation, investors may suffer losses that can be remedied through administrative sanctions from OJK, such as warnings, fines, or revocation of business licenses. Companies that fail to fulfill their buyback obligations are considered to have committed an unlawful act and are liable for any losses suffered by investors. Therefore, listed companies need to be more compliant with capital market regulations to maintain investor confidence and market stability, as well as protect the rights of public shareholders.
The Law Principles for Village-Owned Enterprises (BUMDes) Managementin Indonesia to Improve the Village's Economy Sri Winarsi; Agus Widyantoro; Oemar Moechthar
Sociological Jurisprudence Journal Vol. 1 No. 2 (2018)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.1.2.735.130-136

Abstract

Toward the increase in village revenue sources, a post of published Law No. 6/2014 concerning Village, it is confirmed that the village can establish village-owned enterprises (BUMDes) based on family spirit and cooperativeness. Besides, BUMDes can run a business in the field of economic and/or public service in accordance with the provisions of the legislation. BUMDes is established by the village government to utilize all potential economic, institutional, natural, and human resources in order to improve the welfare of the villagers. In fact, implementation of the BUMDes management in some areas is not fully optimized, in many cases the problem is corruption. Therefore, we need a good management or governance practices to improving the livelihoods of the village. The study used statute approach, conceptual approach, and case approach. The conclusions of this study are directed to apply the concepts of strengthening national laws relating to the management of BUMDes in order to strengthen the village's economy in Indonesia and to achieve empowerment of rural community and reduce corruptionthat often occurs and harm the economy of the village.