Article Per Year (5 Year)
p-Index From 2021 - 2026
13.085
P-Index
This Author published in this journals
All Journal Al-Risalah : Jurnal Imu Syariah dan Hukum Rechtsidee Jurnal Daulat Hukum Ajudikasi : Jurnal Ilmu Hukum Publik (Jurnal Ilmu Administrasi) Hasanuddin Law Review Syntax Literate: Jurnal Ilmiah Indonesia DE LEGA LATA: Jurnal Ilmu Hukum Bina Hukum Lingkungan NUSANTARA : Jurnal Ilmu Pengetahuan Sosial International Journal of Supply Chain Management JURNAL MERCATORIA Legal Standing : Jurnal Ilmu Hukum Awang Long Law Review Unes Law Review Jurnal Muara Ilmu Sosial, Humaniora, dan Seni Jurnal Al-Dustur JUSTISI Era Hukum: Jurnal Ilmiah Ilmu Hukum Jurnal Ilmu Hukum KYADIREN Progressive Law Review Jurnal Hukum Adigama Jurnal Suara Hukum Jurnal Scientia Jurnal Hukum Lex Generalis SUPREMASI Jurnal Hukum Indonesian Journal of Legality of Law Devotion: Journal of Research and Community Service Indonesian Journal of International Law JOURNAL OF HUMANITIES, SOCIAL SCIENCES AND BUSINESS (JHSSB) Law Development Journal The International Journal of Politics and Sociology Research Az Zarqa': Jurnal Hukum Bisnis Islam Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) International Journal Of Economics Social And Technology Indonesia Law Review (ILREV) Journal of Law, Poliitic and Humanities Bina Hukum Lingkungan Jurnal Indonesia Sosial Sains Journal of Business, Management and Social Studies Ranah Research : Journal of Multidisciplinary Research and Development Riwayat: Educational Journal of History and Humanities Jurnal Hukum & Pembangunan LamLaj Jurnal Serina Abdimas Tarumanagara Law Review
Ariawan Gunadi
Faculty of Law, Tarumanagara University
Religion Arts Humanities Astronomy Automotive Engineering Biochemistry, Genetics & Molecular Biology Chemical Engineering, Chemistry & Bioengineering Chemistry Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Earth & Planetary Sciences Economics, Econometrics & Finance Education Energy Engineering Environmental Science Health Professions Immunology & microbiology Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Mathematics Neuroscience Physics Public Health Social Sciences Transportation Other

Published : 125 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 125 Documents
Search

 4   5   6   7   8 
LEGAL PROTECTION OF MINORITY SHAREHOLDERS INTERESTS IN MERGER ACTIONS Puspita, Lidya; Gunadi, Ariawan
Awang Long Law Review Vol. 7 No. 2 (2025): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v7i2.1572

Abstract

partnership, distinguishing it from other business entities that emphasize personal relationships. This legal framework has made limited liability companies attractive to investors, particularly through strategic actions like mergers, which aim to enhance capital structure, competitiveness, and operational efficiency in a dynamic global economy. However, mergers often raise concerns about the protection of minority shareholders, who face potential marginalization due to the dominance of majority shareholders in decision-making processes. This study evaluates the effectiveness of legal protections for minority shareholders in merger actions under the Company Law, identifies gaps in implementation, and proposes policy recommendations to ensure equitable governance. Employing a normative legal research method, the study analyzes primary legal materials (legislation), secondary materials (scholarly literature), and tertiary sources (legal dictionaries). Findings reveal that while the Company Law provides preventive and repressive protections, such as the right to sell shares at a fair price (Article 62) and mandatory general meeting approvals, practical implementation often fails to address power imbalances. Minority shareholders frequently lack influence, and mechanisms like fair price determination are susceptible to manipulation. The study concludes that stronger oversight, enhanced transparency, and stricter enforcement are essential to safeguard minority shareholders’ rights, ensuring mergers align with principles of fairness and good corporate governance.
THE ROLE OF THE NOTARY SUPERVISORY COUNCIL IN ADDRESSING CIVIL LAW VIOLATIONS COMMITTED BY NOTARIES Lukita, Hans; Gunadi, Ariawan
Awang Long Law Review Vol. 7 No. 2 (2025): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v7i2.1576

Abstract

The notary profession holds a strategic position in Indonesia’s civil law system due to its authority to produce authentic deeds with full evidentiary value. However, in practice, there are several cases in which notaries have been reported for alleged civil law violations, including drafting deeds that harm certain parties. This situation highlights the need for proportional legal protection and supervision of notaries as public officials. This study aims to analyze the supervisory mechanisms and the preventive role of the Notary Supervisory Council over notaries reported for civil law violations. This research uses a normative juridical method through literature review and case-based analysis. The findings show that notaries can still be held legally accountable if they are negligent or violate procedures in preparing deeds. In some instances, notarial deeds may be downgraded to private deeds or annulled by law. The Notary Supervisory Council plays a role in administering guidance and tiered supervision, including issuing administrative sanctions such as warnings or dismissals. Additionally, the Council serves as legal support to prevent criminalization of notaries who perform their duties professionally. In conclusion, notary supervision must be carried out fairly and proportionally while upholding the integrity of the profession; it is recommended that the Council’s preventive role be strengthened, particularly through legal assistance in civil cases.
LEGAL CONSEQUENCES OF VIOLATION OF THE DISTRIBUTION OF ABSOLUTE RIGHTS OR LEGITIME PORTIE WHICH RESULT IN INHERITANCE DISPUTES Vianka, Maria Ibella; Gunadi, Ariawan
Awang Long Law Review Vol. 7 No. 2 (2025): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v7i2.1579

Abstract

A will deed is a legal document expressing the testator's final wishes and has binding legal force if created according to applicable law. In practice, inheritance disputes often arise when the contents of a will violate the heirs’ mandatory portion (legitime portie). Such violations can result in legal harm and lead to lawsuits against the notary as the official deed maker. This study aims to analyze the notary’s legal responsibility and the role of the Notary Supervisory Council in resolving inheritance disputes involving wills that breach legitime portie. The research method is normative juridical with a statutory and case approach. The findings show that a notary is obligated to provide legal counseling and refuse to draft deeds that contradict the law, including provisions on legitime portie under Article 913 of the Indonesian Civil Code. If a notary violates this obligation, they may be held civilly liable and sanctioned administratively by the Supervisory Council. The Notary Supervisory Council is authorized to examine notaries, impose sanctions, and report findings through a tiered system from local to national level. In many cases, this oversight mechanism is crucial in maintaining notarial professionalism and integrity while protecting the rights of disadvantaged heirs. It is concluded that the preventive and repressive role of the Notary Supervisory Council must be strengthened to prevent and resolve inheritance disputes arising from legitime portie violations by notaries.
Involvement of Notaries Who Commit Unlawful Acts in Making Deeds of General Meeting of Shareholders and Its Legal Consequences (Case Study of Supreme Court Decision Number 2826 K/Pdt/2021) Wulandari, Dewi; Gunadi, Ariawan
Journal of Law, Politic and Humanities Vol. 4 No. 4 (2024): (JLPH) Journal of Law, Politic and Humanities (May-June 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i4.542

Abstract

The RUPS is the highest forum for making company decisions for the benefit of various parties, where shareholders have the opportunity to express opinions, vote, and make decisions regarding company policies. In the GMS, a notary plays a role in making the minutes of the GMS, which records and formulates the entire course of the GMS containing all decisions taken during the meeting, including the results of voting and discussion. The minutes must be signed by the notary and the chairperson of the meeting for legal certainty. In addition, the notary is responsible for ensuring that the GMS is conducted in accordance with applicable regulations, both in terms of form and substance. The notary must verify the validity of the meeting invitation, quorum, and voting rights of the shareholders. However, notaries are often negligent in performing their duties and authorities, which can be categorized as unlawful acts. This research is intended to analyze unlawful acts committed by notaries and the legal consequences arising therein for companies through Supreme Court Decision Number 2826 K/Pdt/2021, using normative juridical methods. The results showed that the unlawful act committed by the notary through the decision was negligence in verifying the results of the GMS due to the absence of the notary in the quorum. This resulted in the actions of a person who served as Director and President Director whose appointment was invalid. This made the notary involved as a defendant in the case and subject to civil sanctions.
Notary's Responsibility to the Bank Regarding the Cooperation Agreement for Completion of Mortgage Lisa Putri Utami; Ariawan Gunadi
Journal of Law, Politic and Humanities Vol. 5 No. 1 (2024): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i1.832

Abstract

Unfulfilled obligations by the Notary in completing the preparation of the Deed of Credit Agreement, Power of Attorney to Enforce Mortgage Rights (SKMHT), Deed of Granting Mortgage Rights (APHT), and Deed of Acknowledgment of Debt in a cooperation agreement with the Bank will cause losses from the Bank. Completion of Deed Making that is not in accordance with the time limit set in the cooperation agreement must be accountable by the Notary to the Bank. The purpose of this research is to find the responsibility of the Notary towards the delay in making the deed and find the legal implications of the delay in making the deed stated in the cooperation agreement. Normative juridical is the type of research used in this research. The result of the research is that the Notary's delay in making the deed in the cooperation agreement with the Bank can be accounted for by the Notary by compensating the losses arising from the Bank and the legal implications when the Notary is late in making the deed can be sued before the court.
Legal Protection of the Office of Notary against the Principle of Confidentiality in View of Article 66 Paragraph (4) of the Notary Law Nadhea Tungga Devi; Ariawan Gunadi
Journal of Law, Politic and Humanities Vol. 5 No. 1 (2024): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i1.845

Abstract

This article is entitled “Legal protection of notary positions against the principle of confidentiality in review of Article 66 paragraph (4) of the UUJN”. The research method used is normative juridical research, using secondary data to analyze legal issues. The result of the research is that the legal protection of notaries in maintaining the confidentiality of the contents of their authentic deeds is not effective with the application of article 66 paragraph (4) of the UUJN by law enforcement in examining notaries. This is due to the absence of implementing regulations for article 175 of Law No. 6 of 2023 Jo article 66 paragraph (4) of UUJN, which has implications for the examination of notaries without protection and legal defense efforts to submit to law enforcement photocopies of the Deed Minute and/or letters attached to the Deed Minute or Notary Protocol in the Notary's storage which are confidential and guaranteed by law. Direct examination of notaries based on Constitutional Court Decision 20 PK/PID/2020 if MKN does not respond to law enforcement's request for notary examination (Article 66 (4) UUJN). 
Legal Protection of Creditors' Preferences Rights Regarding Fiduciary Security Receivables Muhammad Awal Alishakur; Ariawan Gunadi
Journal of Law, Politic and Humanities Vol. 5 No. 1 (2024): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i1.874

Abstract

This article is entitled legal protection of creditors' preference rights for fiduciary guarantee receivables. This article uses a normative legal research type with a research approach . statute approach , namely a legislative approach carried out by identifying legal issues and discuss applicable laws and regulations, in relation to the material discussed . The state through laws and regulations provides legal protection for recipients of guarantees for goods legally in the transfer of rights to goods, one of which is fiduciary guarantees. This guarantee positions the recipient of the guarantee as having special rights, namely being given the first opportunity in terms of making payments if the borrower experiences default or bankruptcy . The recipient of fiduciary guarantees legally according to the Fiduciary Law can sell goods that have been placed as fiduciary guarantees, if the creditor or borrower cannot fulfill their obligations in the loan agreement. This execution is guaranteed in Article 15 paragraph (2) of the Fiduciary Law, through an execution mechanism with a court ruling
Transformation of Land Registration Through Electronic Certificates to Overcome Overlapping Certificates in Indonesia Kevin Veronica Halim; Ariawan Gunadi
Journal of Law, Politic and Humanities Vol. 5 No. 1 (2024): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i1.884

Abstract

Land is a crucial natural resource for human life, serving as a residence, a basis for economic activities, and a symbol of status. Effective land registration is vital for providing legal certainty and preventing disputes, particularly regarding the issue of overlapping certificates. This writing will discuss the role of electronic certificates as a solution to address this issue, considering that the increasing number of registered land parcels can trigger ownership conflicts. Although the existing legal framework provides a clear structure, challenges such as a lack of accurate data, complex bureaucracy, and high registration costs still hinder implementation. Electronic certificates are expected to enhance transparency and efficiency in land rights management; however, they do not guarantee the elimination of future disputes. Therefore, community education and improved oversight among relevant agencies are necessary to ensure the successful transformation of the land registration system in Indonesia
LEGAL CONSEQUENCES OF EMPLOYER NON-COMPLIANCE IN FULFILLING SOCIAL SECURITY OBLIGATIONS FOR WORKERS SUBJECTED TO UNILATERAL TERMINATION Putri, Amelia Natalie; Gunadi, Ariawan
Jurnal Al-Dustur Vol 8 No 1 (2025)
Publisher : Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/aldustur.v8i1.8702

Abstract

Labor social security is a fundamental right guaranteed by the state to protect workers from social and economic risks, including unilateral termination of employment. However, in practice, many employers fail to comply with their obligations to provide social security benefits to workers who have been unilaterally dismissed. This non-compliance has severe consequences for workers' well-being and legal implications for employers. This study aims to analyze the legal implications of employers' non-compliance in providing social security benefits to workers affected by unilateral termination and examine the government's role in enforcing the law and protecting affected workers. The research employs a normative juridical method with a statutory and case approach. The findings reveal that employers' failure to pay labor social security contributions can result in administrative, civil, and criminal sanctions under Law Number 24 of 2011 on BPJS and Law Number 13 of 2003 on Manpower. Additionally, workers whose rights are violated can seek legal recourse through the Industrial Relations Court (PHI). The government plays a crucial role in ensuring employer compliance through supervision, law enforcement, and providing dispute resolution mechanisms and legal assistance for workers. This study concludes that enhancing regulatory effectiveness and monitoring employer compliance is essential to safeguarding workers' rights, maintaining economic stability, and promoting social welfare in Indonesia.
The Analysis of the Role & Obligations of Notaries in Protecting Data Security Based on the Personal Data Protection Law Frisca, Frisca; Gunadi, Ariawan
Jurnal Daulat Hukum Vol 8, No 2 (2025): June 2025
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v8i2.45098

Abstract

Notaries as public officials who are authorized to make authentic deeds carry out their duties and authorities inseparable from the processing of Personal Data, both physical and electronic. Notaries process Personal Data not only for Personal Data subjects, namely Clients, but also for workers or interns, or third parties whose information is provided by the Client. Since the enactment of the PDP Law, Notaries as officials who make authentic deeds in processing Personal Data are not only obliged to maintain the confidentiality of Personal Data, but there are also several other obligations regulated in the PDP Law as an effort to prevent and eradicate potential cybercrime. In this study, the author will dissect the role and obligations of Notaries in the security of Personal Data based on the PDP Law. The study used a normative legal method with a statutory approach and a conceptual approach. Through this study, it is concluded that a Notary as an official who makes authentic deeds has a crucial role, namely as a Personal Data Controller who can determine the purpose and method of processing personal data. Notaries have several obligations as regulated in the PDP Law, including having a basis for processing, ensuring the security of personal data, assessing the impact of Personal Data Protection, recording all personal data processing activities, appointing Personal Data Protection officials, fulfilling the rights of personal data subjects, and others. The ultimate goal of this study is expected to provide knowledge and legal certainty related to Personal Data Protection in notarial practice.
Co-Authors Agustin, Dila Wahyu Alberta, Alberta Alexander Arcelino Gunadi Amad Sudiro Amanda Fitriani Eka Putri Amrie Firmansyah Andre Kiemas Anthony Willyus Wongkar Antonius Ferry Bastian Aprilia, Indah Siti Ardianto Reza Pamungkas Ardyanus Hartony Laos Aulia, Riska Ayu Puspita Sari Aziq Rosdi Baehaqi Bianty, Thisia Bondan Cahyadi Budi Prana Prasetyo Calvita Candra, Marvin Cendranita, Ivannia Chandra, Edwin Chandra, Yulius Charomain, Mochammad Imam Christina, Nadya Christopher David Nagaria Claudia, Zulian Clementino Moningka, Yosia Cornelia Alpha Darren Andreas Dave Chrysander Defilania, Oktri Dewi Rahma Dewi Wulandari Dharmasetya, Lani Ekaratri, Azkia Elysia Wilhelmina Rengkung Endison Ravlindo Evelyn Febrianto, Rizky Fionita, Jessica Frederick Septian Tuwan Fredrik Siregar, Aristoteles Gerhard Frisca Delicia, Nadya Frisca Frisca Grace Priskilla Suwanto Graciella, Eunike Hakim, M. Rizky Aulia Harjanto, Devy Yulyana Herman Joseph Irma, Febriana Jessica Candakentjana Jessica Jessica Joeliant, Hanz Bryan Juan Davis Elhanan Kamil, Renita Kevin Veronica Halim Khanifa Fauziah Khantidevi Lukmadi, Fionna Khutub, Muhammad Kiemas, Andre Kirana Hamonangan, Marcellius Kurniawan, Cicelly Chiesa Lestari, Novianti Lisa Putri Utami Lukita, Hans Made Aubrey Josephine Angelina Makawowor, Chelsea The Marchel Thobie Maria Cecilia Nugroho Marshella Cenyvesta Martheo, Felicia Martin Edward Awuy Martono Martono Matheus, Juan Mayvians, Tidelstein Melani Harly Melvina Michael Ang Michelle Nathania Michelle Starla Ongko Michelle, Grace Bernadette Mingga, Britney Wilhelmina Berlian Mita, Ermita Ekalia Monica Blazinky Muhammad Abdurrohim Muhammad Awal Alishakur Muhammad Theo Rizki Putra Muzacky, Ahmad Nadhea Tungga Devi Nagaria, Christopher David Nugroho, Hizkia Ivan Oping, Timothy Farrel Panji Ramadhan Pascal Amadeo Yapputro Pasyah, Rabbil Arya Petrosina Matauseja Huka, Christia Prasanti, Nandani Bayu Puspa Hartanto, Adinda Puspita, Lidya Putri, Amelia Natalie Putri, Destia Liana Putri, Pricilia Dwi Anggreni Raymond Kusuma Reyza Julianda Mahabati Ricky Ricky Rimandita, Tiffani Rizki, Muhamad Abdul Jamil Rohaya, Nizla Salim, Gerardus Aldo Samudra, Muhammad Bima Samuel, Yoel sari, nike kumala Shasmita, Sylvia Siswahyudianto Stephanie Patricia Prasetyo Suwinto Johan Sylvia, Sylvia Tanera, Lauren Teddy Francis Theresia Wijaya Tsabita, Nabilla Mahva Vanessa Widjaja Vianka, Maria Ibella Vina Octavia Vivi Heniasy Winda Gadis Sukardi Wonohadidjojo, Christopher Howard Yanuar Putra Erwin