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All Journal JURNAL MAGISTER HUKUM UDAYANA POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI)
Pande Yogantara S.
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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PENGATURAN MENGENAI HARGA SAHAM WAJAR SEBAGAI BENTUK PERLINDUNGAN HUKUM TERHADAP PEMEGANG SAHAM PUBLIK DALAM MERGER BANK YANG BERBENTUK PERSEROAN TERBUKA Pande Yogantara S.
Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 2 No 1 (2013)
Publisher : University of Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (58.052 KB) | DOI: 10.24843/JMHU.2013.v02.i01.p06

Abstract

Banking crisis that occurred in 1997 and the issuance of Bank Indonesia regulations Number 8/16/PBI/2006 Regarding Single Presence on Indonesian Banking, led to a merger in the banking industry. Merger action is a legal act, not only causes economic and financial consequences but also the juridical consequences. The consequences of the merger to be seen is the impact on the public shareholders especially in the of bank in form public company.In the event of a merger, position of public shareholders is very weak in regard to corporate decision-making (the company). If the views of the ownership of shares, public shareholders are almost always going to lose when dealing with shareholders, because for every share issued has one vote. The results of this research showedCapital Markets Law and BAPEPAM regulation Number IX.G.1 About Merger or Consolidation Enterprises Public Company or the Issuerdoes not regulate further the understanding and clear criteria of "reasonable stock price". But in bank merger the form of public company,necessary services as a professional independent appraisal supporting the capital markets as mentioned in Article 64 and Article 67 of Act Number 8 Year 1995 About Capital Market,which in turn can make a reasonable assessment of the stock price that reflects fairness for public or minority shareholders.
THE URGENCY OF ATTACHING FINGERPRINTS TO THE DEED MINUTES IN RELATION TO THE AMENDMENT OF THE NOTARY OFFICE LAW Mas Saraswati, Desak Nyoman Citra; Yogantara S., Pande
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 3 No. 2 (2024): APRIL
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v3i2.1234

Abstract

The main objective of this research is to determine and analyze the legal certainty of fingerprint attachment in the Notarial Deed Minute and the related urgency and implications in the event of a dispute in the minute without fingerprint attachment related to the UUJN-P. The method used in this research is a normative juridical method with a focus on legislative approach and conceptual approach, using a technique of analyzing legal materials through description, systematic, interpretation, and argumentation. The results of this research indicate that changes in the regulation regarding the obligation to attach fingerprints in the UUJN-P need to be supplemented with implementing regulations in order to create legal certainty and minimize multiple interpretations in its application procedure. The attachment of fingerprints in the minute does not affect the authenticity of the deed, as the authenticity of a deed is determined by the fulfillment of Article 1320 of the Civil Code, Article 1868 of the Civil Code, and Articles 38-53 of the UUJN-P. In terms of proof, both the minute with fingerprint attachment and the minute without fingerprint attachment have the same evidentiary strength, as they are still considered authentic deeds. The attachment of fingerprints in the minute can serve as evidence in court proceedings to support the cautious principle of notaries in case of signature forgery.
Co-Authors Angela, Jennifer Mas Saraswati, Desak Nyoman Citra W Ida Junana