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All Journal DE JURE Jurnal Art Nouveau Rekayasa Sipil DE LEGA LATA: Jurnal Ilmu Hukum Jurnal Optimalisasi JURNAL ILMIAH ADVOKASI Al-Adl : Jurnal Hukum Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) JUSTICIA SAINS: Jurnal Ilmu Hukum International Journal of Community Service (IJCS) Jurnal Smart Hukum (JSH) Abdi Implementasi Pancasila: Jurnal Pengabdian kepada Masyarakat Golden Ratio of Law and Social Policy Review (GRLSPR) Jurnal Pendidikan Olahraga Journal of Legal Contemplation
Ali Abdullah, Ali
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Responsibility in Transfer of Workers' Wages Limited Liability Company Bankruptcy Abdullah, Ali; Jum Anggriani; Yongky Putut Angki Anata
Jurnal Smart Hukum (JSH) Vol. 3 No. 2 (2025): October-January
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v3i2.1088

Abstract

The issue of responsibility in the transfer of workers' wages in a limited liability company that is bankrupt is an important issue in employment and bankruptcy law. When a limited liability company (PT) is declared bankrupt, there are significant challenges related to workers' rights, especially regarding unpaid wages. This study aims to analyze the legal responsibility in the transfer of workers' wage payment obligations from a bankrupt company to other parties, such as a third party or a replacement company. The methodology of this study uses a qualitative approach with case studies of several companies that are bankrupt. Data were collected through literature reviews, interviews with legal practitioners, and analysis of applicable laws and regulations. The findings of this study indicate that responsibility in the transfer of workers' wages depends not only on existing legal provisions, but also on the agreement between the parties involved in the bankruptcy process. The results of this study reveal that in practice, the transfer of responsibility for workers' wages often creates uncertainty for workers, especially in terms of certainty of payment. Recommendations provided include the need for clearer regulations regarding the transfer of wage obligations, as well as increasing legal protection for workers affected by company bankruptcy.
Problems of Using a Power of Attorney to Sell in the Transfer of Limited Liability Company Assets (Case Study Decision Number: 472/Pid.B/2023/Pn Tjk) Abdullah, Ali; Syahpri Kholik
Jurnal Smart Hukum (JSH) Vol. 3 No. 3 (2025): February-May
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v3i3.1294

Abstract

The role of a Notary as a public official is very important and must be able to provide counseling and take the right steps in making authentic deeds by ensuring the formal truth of a legal act, especially a legal act in this case is the transfer of company assets based on a power of attorney to sell and without the approval of the General Meeting of Shareholders. Where the transfer of company assets should refer to the company's articles of association and Law No. 40 of 2007 concerning Limited Liability Companies. The problem raised is the validity of the power of attorney to sell in the transfer of company assets and without the approval of the General Meeting of Shareholders. The research method used is normative legal research, using secondary data consisting of primary, secondary and tertiary legal materials. This study uses a descriptive-analytical data analysis method with a qualitative approach. The results of this study are that if the subjective requirements in making a deed are not met, where the provisions in Article 1320 of the Civil Code must meet the requirements of competence in granting the power of attorney to sell, then the transfer of the asset can be cancelled. A Notary, in carrying out his duties, must be careful, thorough and adhere to the UUJN-UUPJN and KEN.
The Substantive Rights of Heirs and Administrative Barriers in Indonesian Banking Practices La Ode, Muhamad Taufik; Abdullah, Ali
Journal of Legal Contemplation Vol. 1 No. 3 (2025): Journal of Legal Contemplation
Publisher : Candela Edutech Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63288/jlc.v1i3.11

Abstract

This article explores the normative-institutional discrepancy between the declarative nature of Article 833 of the Indonesian Civil Code and the administrative practices of financial institutions in the execution of inheritance rights within Indonesia’s national legal system. Legally, heirs acquire their rights automatically upon the decedent’s death, without requiring court confirmation or formal recognition. In practice, however, banks often impose excessive procedural requirements, such as requesting additional documents or withholding funds without a clear legal basis. This study adopts a normative legal method, analyzing statutory provisions, doctrinal interpretations, and illustrative case studies. The findings highlight the urgent need for regulatory harmonization between inheritance law and financial administrative procedures in Indonesia. The article also emphasizes the strategic role of notaries as legal intermediaries who ensure the enforceability of inheritance rights through authentic documentation. It concludes that heirs’ legal protection must be strengthened by upholding the principles of legality and substantive justice within the financial sector.
LEGAL PROTECTION FOR SHARE TRANSFERS: THE ROLE OF DERIVATIVE ACTION LAWSUITS IN DEFENDING SHAREHOLDER RIGHTS Asih, Ayu Lestarining; Abdullah, Ali
Jurnal Ilmiah Advokasi Vol 13, No 3 (2025): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v13i3.7605

Abstract

This research examines the legal complexity of share transfer in Indonesia, focusing on derivative action as an instrument for protecting shareholders' rights. This research is strictly limited to the Indonesian legal framework and does not involve comparative analysis with foreign jurisdictions. The methodological scope is also limited to a normative juridical approach, relying solely on statutory analysis, doctrinal studies, and jurisprudence without conducting empirical data collection or field-based validation. The study aims to analyze the legal construction of share transfer, identify juridical challenges, and evaluate the effectiveness of derivative action in protecting minority shareholders' interests. Utilizing a normative juridical method, the research investigates legislation, legal literature, and relevant jurisprudence. Findings reveal that derivative action is a complex legal mechanism transforming corporate governance, providing space for minority shareholders to protect corporate interests from potential abuse. The research uncovers significant implementation challenges, including evidence complexity and structural resistance. The conclusion emphasizes the need for regulatory framework improvement, strengthening judicial institutions' capacity, and enhancing legal literacy to create an effective and just legal protection system.Keywords: Share Transfer, Derivative Action, Legal Protection
UPAYA HUKUM DAN PEMULIHAN HAK SAHAM MINORITAS PASCA PUTUSAN PENGADILAN: STUDI ATAS PERLINDUNGAN INVESTOR DI INDONESIA Abdullah, Ali; Liesmawati, Liesmawati
Jurnal Ilmiah Advokasi Vol 13, No 4 (2025): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v13i4.7869

Abstract

Restoration of minority shareholder rights in private limited companies is often ineffective, despite court decisions confirming a breach of fiduciary duty. This situation indicates a gap between the legal protection norms in Law Number 40 of 2007 concerning Limited Liability Companies and their implementation in practice. This study analyzes the effectiveness of the mechanism for restoring minority shareholder rights following a court decision. The results show that court decisions are generally declarative and poorly enforced, making them difficult to implement. Key obstacles include resistance from majority shareholders, weak institutional coordination, and low transparency in private companies. This study recommends the formulation of more operational rulings, strengthening implementation oversight, and integrating legal technology with a restorative justice approach. Using a juridical-empirical approach, this study contributes to strengthening legal protection for minority shareholders and increasing legal certainty in corporate practice.Keywords: Minority Shareholders, Fiduciary Duty, Legal Remedies
Co-Authors A.A. Ketut Agung Cahyawan W Achmad Yanu Aliffianto Agus Suharyanto Ahmad Dahlan Asih, Ayu Lestarining Dina Rahmawati Dwi Putri Cahyawati, Dwi Putri Eka Putri, Pritie Anissa Eko Andi Suryo Fahriani, Ipak Febrianto, Satria Fitriadi Fitriadi Gracia, Esmeralda Aurelia Jum Anggriani Jum Anggriani Liesmawati, Liesmawati Muh. Taufik LaOde Nadhifa Putri Kinasih Prasetyo, Yunan Putra, Gaustama Ramadhan, Ardian Ganet RR Utji Sri Wulan Wuryandari Rusmawati, Nurlia Subagyo, Panca Suwarsit Syahpri Kholik Triwulandari, Endah Yongky Putut Angki Anata Yoyo Arifardhani Yunianti, Devi Zulfadli Barus