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All Journal LAW REVIEW Jurnal Hukum dan Pembangunan
Yosea Iskandar, Yosea
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Law, Crime, Criminology & Criminal Justice

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Meminimalisasikan Resiko Dalam Transaksi Melalui Legal Due Diligence Iskandar, Yosea
LAW REVIEW Vol 1, No 1 (2001)
Publisher : Pelita Harapan University

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In 1999, Equalnet Communication and e. Volve planned a merger worth between $70 and $ 80 million. The merger seemed to be a natural fit. e. Volve was a facilities-based company , while Equalnet provided long distances communication service; e. Volve focused on wholesale international business .while Equalnet focused on retail domestic business. However, two month after its due diligence review ofe. Volve, it called off the merger. What deal-breaker had due diligence uncovered ? Equalnet learned that e. Volve only had two large customers, and its only current international business  between the United States and Mexico. Although Equalnet already know that e. Volve was only in the planning stages for providing telecommunications services in more countries, Equalnet had been given the impression that these plans were more advanced than they were. Also, Equalnet learned that e. Vollves relationships with its present customer weren t as solid as had been represented. Both corporation went their separate ways and on to different projects and partnership. Due diligence showed that  this match could have been a costly mistake. Due diligence (Blacks Law dictionary) is such a measure of prudence activity or assiduity, as is properly to be expected from and ordinarily exercised by a reasonable and prudent man under the particular circumstances ; not measured by any absolute standard but depending on the relative facts of the special case. Counsel who conduit due diligence reviews as part of the prospective merger or acquisition know that no one analytical method can be used for every acquisition. There are some tools, however that can be modified and used often. One such tool is a list of subjects in which representatives of the selling company can be questioned to test the health and the risk of their business. Another tool is the representations and warranties that the seller can be asked to make in the documents that tire exchanged at settlement. A third is a method of review that tries to merge a financial analysis of the sellers business with an analysis of the business. 
Penalaran dalam Putusan Mahkamah Konstitusi No. 64/PUU-X/2012 dalam kaitannya dengan Pelindungan Data Pribadi Nasabah Perbankan Di Indonesia Iskandar, Yosea
Jurnal Hukum & Pembangunan
Publisher : UI Scholars Hub

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Abstract Title: The Significance of Constitutional Court Decision No. 64/PUU-X/2012 on Banking Customer Data Protection in Indonesia: An Analysis of Legal Interpretation and Implications This article delves into the pivotal role played by Constitutional Court Decision No. 64/PUU-X/2012 in shaping the concept and regulations governing the protection of personal banking data in Indonesia. The decision redefined the obligations of banks to maintain confidentiality, particularly concerning information about depositors and their deposits. Widely acclaimed as a legal breakthrough, the decision prompted the government to amend banking laws in 2022 to reflect the Court's new interpretation. In contrast to existing scholarly works on the subject, this analysis focuses primarily on the methods of interpretation and reasoning employed by the Supreme Court. The author argues that, without proper reasoning, even if a court decision aligns with societal needs at the time of its issuance, potential negative consequences must be anticipated. Conversely, accurate reasoning provides a deeper understanding of existing legal theories, valuable for future legal research. The article critically examines the legal innovation introduced by the Constitutional Court, categorizing it as a conditionally unconstitutional decision. The author questions the Court's authority to introduce new norms into legislation, exploring the historical and philosophical dimensions of this perspective. The implications of the decision are discussed, highlighting its self-executing and far-reaching character. Furthermore, the article scrutinizes logical fallacies present in the Court's reasoning. It identifies instances of post hoc fallacy, non sequitur, and hasty generalization, questioning the validity of conclusions drawn from certain premises. The Court's application of these fallacies, particularly in determining the constitutional infringement on spousal property rights, is dissected for inconsistencies and potential misinterpretations. The implications of Decision No. 64/PUU-X/2012 extend beyond the banking sector, influencing data protection regulations in various industries. The article emphasizes the need for further research to anticipate and address potential negative repercussions resulting from the broad impact of the Court's decision.
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