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All Journal Jurnal Pengabdian Masyarakat dan Riset Pendidikan Algebra : Jurnal Pendidikan Sosial dan Sains
Rian Mangapul Sirait
Universitas Audi Indonesia
Humanities Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Neuroscience Physics Social Sciences Other

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LEGAL PROTECTION FOR THIRD PARTIES DUE TO VIOLATIONS OF ARTICLE 30 OF GOVERNMENT REGULATION NUMBER 24 OF 1997 CONCERNING LAND REGISTRATION Rian Mangapul Sirait
Algebra : Jurnal Pendidikan, Sosial dan Sains Vol. 6 No. 1 (2026): Algebra : Jurnal Pendidikan Sosial dan Sains
Publisher : Yayasan Amanah Nur Aman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58432/n7ykyy35

Abstract

Land registration is an important legal instrument in the Indonesian land law system aimed at providing legal certainty and legal protection for holders of land rights. Article 30 of Government Regulation No. 24 of 1997 regulates the obligation to announce physical data and juridical data in the land registration process in order to protect the interests of third parties. However, in practice, violations of this provision are still found, which harm third parties acting in good faith. This research employs a normative juridical method with a statutory approach and a case approach to analyze three main issues: the regulation of Article 30 of Government Regulation No. 24 of 1997, the forms of its violations, and the mechanisms of legal protection for disadvantaged third parties. The results show that violations of Article 30 may take the form of failure to carry out announcements, inadequate announcements, or fictitious announcements. Legal protection for third parties can be pursued through preventive mechanisms (supervision and participation in the announcement process) and repressive mechanisms (lawsuits for certificate cancellation, compensation, and administrative sanctions). This study recommends strengthening supervision, digitalizing the announcement system, and increasing public legal awareness.
Akuntabilitas Direksi dan Dewan Komisaris atas Misstatement Prospektus IPO: Standar Due Diligence, Tanggung Renteng, serta Sanksi Pidana–Administratif dalam UU P2SK : Penelitian Rian Mangapul Sirait; Anra Yoparisa Nasution; Iqbal Doly Indra Utama
Jurnal Pengabdian Masyarakat dan Riset Pendidikan Vol. 4 No. 3 (2026): Jurnal Pengabdian Masyarakat dan Riset Pendidikan Volume 4 Nomor 3 (Januari 202
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/jerkin.v4i3.5133

Abstract

Abstract The capital market relies on integrity and transparency of information. In the Initial Public Offering (IPO) process, the prospectus is the central document containing material facts as the basis for investment decisions. However, the complexity of the information contained in the prospectus opens up the risk of misstatements or omissions that can harm investors. The Board of Directors and the Board of Commissioners, as the company's management and supervisory organs, bear legal responsibility to ensure the accuracy and completeness of information through due diligence mechanisms as a standard of prudence (duty of care) and a manifestation of fiduciary duty. This article examines the construction of the Directors' and Commissioners' liability for prospectus misstatements under the Capital Market Law (UUPM) and the Limited Liability Law (UUPT), including civil liability, particularly joint and several liability under Article 80 of the UUPM, the scope for defense through due diligence defense and the relevance of the business judgment rule, as well as criminal and administrative consequences. Strengthening regulations through Law Number 4 of 2023 concerning the Development and Strengthening of the Financial Sector (UU P2SK) emphasizes the enforcement dimension, including increased sanctions and the strengthening of the Financial Services Authority (OJK)'s role in mitigating IPO risks.
Co-Authors Anra Yoparisa Nasution Iqbal Doly Indra Utama