Articles
Fiduciary Shares as Collateral in Granting Credit
Gunardi Lie;
Moody Rizqy Syailendra Putra;
Belicia Widhyana Yulia Putri
QISTINA: Jurnal Multidisiplin Indonesia Vol 2, No 1 (2023): June 2023
Publisher : CV. Rayyan Dwi Bharata
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DOI: 10.57235/qistina.v2i1.503
In a debt agreement, of course the existence of collateral is very important so that the creditor can feel safe about the loan given to the debtor. Shares are one of the valuable and valuable intangible moving objects. Arrangements relating to shares are regulated in Law Number 40 of 2007 concerning Limited Liability Companies. Although it is not yet known the exact and clear definition of shares in Law Number 40 of 2007 concerning Limited Liability Companies, the regulation provides several provisions which are presumably related to shares. One of the interesting guarantees discussed in relation to shares is fiduciary. Fiduciary provides several arrangements related to fiduciary based on Law Number 42 of 1999 concerning Fiduciary Guarantees.
Legal Institutions Facilitating Institutions as Determinants of Banking Operational Policy Direction
Arya Salwa Wardana;
Gunardi Lie;
Moody Rizqy Syailendra Putra
QISTINA: Jurnal Multidisiplin Indonesia Vol 2, No 1 (2023): June 2023
Publisher : CV. Rayyan Dwi Bharata
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DOI: 10.57235/qistina.v2i1.538
This study aims to examine the role of bank facilitating institutions and their functions in relation to the policy of banking business activities in Indonesia in carrying out the management system and work system of the bank. In this study the authors used explanatory qualitative research methods, data were obtained from official sources related to information regarding the roles and functions of facilitating institutions with Islamic banking financial institutions as well as from book reference sources and other relevant references. The author finds that overall the bank facilitator institution plays an important role as an institution that supports the running of Islamic bank activities in a proportional and orderly manner. And the authors found that according to LPS information, so far there have been no Islamic banks, especially those that have failed banks or banks whose existence needs to be saved. The essence of the role and function of the facilitating institution is very closely related to financial institutions. And each institution has different authorities, functions and duties in supervising, overseeing, protecting, resolving problems, issuing fatwas related to bank products and regulations regarding work systems. The main function of the bank facilitating institution is to support bank business activities so that they run effectively and in a sound and orderly manner.
Impact Analysis of PT Fraud Cases. The Three Pillars of Sejahtera Food.Tbk and Efforts by Capital Market Regulators to Compensate Capital Market Investors' Losses
Delvina Koniardy;
Gunardi Lie;
Moody Rizqy Syailendra Putra
QISTINA: Jurnal Multidisiplin Indonesia Vol 2, No 1 (2023): June 2023
Publisher : CV. Rayyan Dwi Bharata
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DOI: 10.57235/qistina.v2i1.518
Financial statements are important information needed by investors, creditors, analysts and certain parties which are used as a basis for investing in an asset. However, fraud is often found in financial reports. PT. Tiga Pilar Sejahtera Food Tbk is an example in cases of financial report manipulation practices. The method used in this research is descriptive, in which this research uses a type of research that produces descriptive data or results in the form of written or spoken words from the object of observation. The results of this study concluded that PT. Tiga Pilar Sejahtera Food Tbk has resulted in losses to investors and the OJK as a regulator has imposed administrative sanctions, suspended assets and revoked business licenses
Analysis of Motor Vehicle Insurance Coverage Under Indonesian Insurance Law
Gregorius Febrian Wijaya;
Gunardi Lie;
Moody Rizqy Syailendra Putra
QISTINA: Jurnal Multidisiplin Indonesia Vol 2, No 1 (2023): June 2023
Publisher : CV. Rayyan Dwi Bharata
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DOI: 10.57235/qistina.v2i1.546
Motorized vehicles are one of the forms of transportation that are needed by Indonesian people to carry out their daily activities. The development of motorized vehicles in circulation will also make traffic conditions more congested. Motor vehicle insurance is insurance for losses in which there is no specific regulation in the Commercial Code (KUHD). All general general insurance provisions in the Criminal Code apply to motor vehicle insurance. The research method used is descriptive qualitative research with an empirical juridical approach. Insurance law is an object of civil law, if it is concluded that unless specified in the Commercial Law Code (KUHD) as a special provision as an agreement. An insurance agreement is an agreement in which one party (guarantor) agrees to bear the risk of an event where the event cannot be determined. On this basis the other party (the insured) is threatened and has an agreed interest in the occurrence of the insured event. The insurer will pay the insured in the form of money or other benefits that have financial value. Insurance in the Criminal Code shows that there is a scope arrangement that focuses on fire insurance, while there are various other types of insurance that also require regulation. From what has been discussed above, it can be concluded that the insurance business as an institution that collects funds belonging to the public runs its business adhering to sound business principles and is responsible for the arrangements ordered by the government and also accountability is carried out by issuing insurance policies that have been agreed upon jointly by the insured and the insurer as well as the premium payment by the insured to the insurer so that there is a transfer of risks arising between the rights and obligations between the two.
Legal Analysis of Trademark Patent Dispute i AM Geprek Bensu Against Geprek Bensu
Kevin Halomoan;
Gunardi Lie;
Moody Rizqy Syailendra Putra
QISTINA: Jurnal Multidisiplin Indonesia Vol 2, No 1 (2023): June 2023
Publisher : CV. Rayyan Dwi Bharata
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DOI: 10.57235/qistina.v2i1.523
Patents guarantee the presence of a mark of ownership. This patent is granted to patent holders who are entitled on the basis of ownership of a name, item or product. This patent holder gets treatment for his right to prevent other parties from imitating, simulating, and making a similar product name for a certain period of time. In essence, this patent is granted on the basis of the inventor of an idea who is motivated by his innovation in making and bringing out a new invention that can be applied industrially based on research results from experience. The acceptance of this patent gives rise to a special treatment because of the honor of having made a new invention which will later be considered as a property that cannot be used, shared, and imitated by others.
Implementation of OJK Regulation Number 43/Pojk.04/2015 Concerning Code of Conduct for Investment Managers Against Stock Price Manipulation in the Case of PT. Jiwasraya
Rian Rimba Morenties;
Gunardi Lie;
Moody Rizqy Syailendra Putra
QISTINA: Jurnal Multidisiplin Indonesia Vol 2, No 1 (2023): June 2023
Publisher : CV. Rayyan Dwi Bharata
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DOI: 10.57235/qistina.v2i1.509
The capital market is one of the instruments in investing. The Capital Market or what is commonly called the capital market can provide opportunities for the public to gain profits. However, the capital market also plays an active role in improving domestic economic conditions. Capital Market or capital market is an activity related to the public offering and trading of securities, public companies related to securities issued, as well as institutions and professions related to securities. The Capital Market or capital market acts as a liaison between investors and companies and government agencies through long-term trading of instruments such as bonds, stocks and others. According to Article 1 paragraph 13 of Law Number 8 of 1995 concerning Capital Markets, the definition of capital markets is activities related to public offerings and securities trading, public companies related to the securities they issue, as well as institutions and professions related to securities.
Juridical Analysis of Investor Default Cases with CV Business Entities Related to Cooperation Agreement Letters (Decision 55/Pdt Gs/2022/PN Sby)
Deviana Axfelia;
Gunardi Lie;
Moody Rizqy Syailendra Putra
QISTINA: Jurnal Multidisiplin Indonesia Vol 2, No 1 (2023): June 2023
Publisher : CV. Rayyan Dwi Bharata
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DOI: 10.57235/qistina.v2i1.514
Basically an agreement is made based on negotiations by the parties, but using standard clauses. One of the default cases that occurred was decided by the Surabaya District Court at the First Level Court with case number 55/Pdt GS/2022/PN Sby. The lawsuit was filed because the Defendant, namely CV AL-FAYYADH, had defaulted on the Plaintiff who is an investor/financier. The method in this study uses normative juridical methods. defaults made by CV AL-FAYYADH did not carry out achievements in payment. The dispute resolution process between CV AL-FAYYADH and Investors used the negotiation route based on Article 6 paragraph (2) of Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution by producing a new agreement or renegotiation and of course with a favorable agreement before going through the courts.
The Urgency of Good Faith Principles in Production Sharing Cooperation Contracts with the Gross Split System
Szyva Silviana Putri;
Gunardi Lie;
Moody Rizqy Syailendra Putra
QISTINA: Jurnal Multidisiplin Indonesia Vol 2, No 1 (2023): June 2023
Publisher : CV. Rayyan Dwi Bharata
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DOI: 10.57235/qistina.v2i1.519
With the existence of a production sharing contract carried out by the Government with contractors, it is possible to realize equitable energy in Indonesia. Gross Split itself will not eliminate State control in controlling oil and gas. The urgency of applying the principle of good faith in production sharing contracts with the gross split system is very important, with the hope of creating justice for business actors, which is a reflection of the principle of good faith in production sharing contracts with the gross split system, which illustrates that the principle of good faith is very important. important in making agreements, and in making contracts or cooperation must be based on the good faith of both parties in achieving common goals. So it is hoped that the application of this principle in production sharing contracts will be able to have a good impact on the development of the investment world in Indonesia which is increasingly advanced, and avoid losses for both parties.
Analysis of Trademark Dispute Cases of PT. Gudang Garam and Gudang Baru
Mishael Joshua;
Gunardi Lie;
Moody Rizqy Syailendra Putra
QISTINA: Jurnal Multidisiplin Indonesia Vol 2, No 1 (2023): June 2023
Publisher : CV. Rayyan Dwi Bharata
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DOI: 10.57235/qistina.v2i1.536
This writing aims to discuss trademark disputes between Gudang Garam and Gudang Baru regarding image names and logos. The problem that arises is a dispute over the brand name and image displayed on the new Warehouse product. Indonesian law regulates two ways to deal with Intellectual Property Rights (IPR) issues, either through a judicial process (litigation) or through a process outside the court (non-litigation). Laws relating specifically to intellectual property rights, viz. HaKi. Brand Law No. 20 of 2016, regulates trademark protection. What is studied in this study is related to the settlement of rights in trademark disputes between Gudang Garam and Gudang Baru, and on the other hand with substantive and legal considerations of judges in trademark disputes between Gudang Garam and Gudang Garam. New. The author of this study will examine in detail the trademark dispute between Gudang Garam and Gudang Baru.
Implementation of the Provisions of Laws and Regulations Concerning Bankruptcy in the PT Istaka Karya Case
Febriana Irma;
Gunardi Lie;
Moody Rizqy Syailendra Putra
QISTINA: Jurnal Multidisiplin Indonesia Vol 2, No 1 (2023): June 2023
Publisher : CV. Rayyan Dwi Bharata
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DOI: 10.57235/qistina.v2i1.515
Bankruptcy according to Article 1 point 1 of the Bankruptcy Law No. 37 of 2004 is a general confiscation of all the assets of the Bankrupt Debtor which management and settlement are carried out by the Curator under the supervision of the Supervisory Judge as stipulated in this Law. The Bankruptcy and PKPU Laws have a wider reach both in terms of norms, scope of material, and the process of settling debts. This wider reach is necessary due to the emergence of legal developments and needs in society. PT Istaka Karya has been declared bankrupt by the Central Jakarta District Court. The formulation of the problem in this study is how to implement Law No. 37 of 2004 concerning Bankruptcy and PKPU in the bankruptcy case of PT Istaka Karya and whose authority has the right to bankrupt a State-Owned Enterprise. The reason for the bankruptcy of PT Istaka Karya is because it is unable to fulfill its obligations due at the end of 2021 on the Peace Decision Number 23/PKPU/2012/PN Niaga Central Jakarta dated January 22 2013 in accordance with the cancellation of homologation.