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All Journal Jurnal Penelitian Hukum De Jure Lex Scientia Law Review
Ema Rahmawati
Faculty of Law, Universitas Padjadjaran
Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Kedudukan Negara sebagai Pemegang Saham Dwiwarna dalam Privatisasi Perusahaan Anggota Holding BUMN Huta Disyon; Elisatris Gultom; Ema Rahmawati
Jurnal Penelitian Hukum De Jure Vol 23, No 3 (2023): September Edition
Publisher : Law and Human Rights Policy Strategy Agency, Ministry of Law and Human Rights of The Repub

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/dejure.2023.V23.299-312

Abstract

According to Government Regulation 72/2016, the formation of state-owned-holding-companies (“SOHC”) is accomplished using the transfer mechanism, which transforms State shares in SOEs into equity in other SOEs, resulting in a change in the status of share ownership of holding-member-companies from being owned directly by the State to being owned by the holding company. GR 72/2016 also requires the state to own shares with special rights in holding-members-companies originating from ex-SOE, which can only be owned by the state, known as Dwiwarna shares. Potential issues arise because of the ambiguity of the controlling authority role in managing a SOHC, whether the state still holds it or has been transferred to the parent company, including in terms of selling shares of holding-member-companies. Hopefully, this study will provide the State with legal certainty, benefits, and justice in privatizing holding-member companies. The research methodology used is a normative juridical approach with qualitative normative legal research that relies on secondary data from the library. This study indicates that the State’s Controlling Rights are based on state ownership of Dwiwarna shares in holding-member companies originating from ex-SOE, implying that the sale of company shares only sometimes results in reduced state control and ownership. As a result, the sale of series B shares may be accomplished using corporate regulations in line with their respective authorities. Meanwhile, the State must carry out the sale of Dwiwarna shares, per GR 33/2005. The author recommends that the State create a new mechanism for exercising Dwiwarna shareholder privileges so that the implementation of the absolute authority and rights for Dwiwarna shareholders can proceed in an orderly and legal manner.
The Practice of Using Electronic Evidence in Civil Procedure Law: Obstacles and Challenges Fadhel Arjuna Adinda; Ema Rahmawati; Eman Suparman; John Woodward
Lex Scientia Law Review Vol. 10 No. 1 (2026): Legal Reform, Human Rights Protection, and Judicial Innovation in Contemporary
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v10i1.21889

Abstract

Law Number 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 concerning Electronic Information and Transactions has a significant impact on the regulation of Cyber Law in Indonesia, including the expansion of evidence recognized in the applicable Law of Procedure in Indonesia. The arrangement of the expansion of the evidence in procedure law provides legal certainty due to the shift in the habits of today’s society which originally survived with conventional habit turning towards digital. The applicable procedural law in Indonesia is an old legal product, including regarding the expansion of valid evidence, but often in the settlement of civil dispute, electronic evidence submitted by private parties is rejected and not even considered at all by the panel of judges examining the case. This research aims to find out how the parties and the panel of judges treat electronic evidence in the examination of evidence. The problem of this research is that there are no specific rules regarding the procedures for taking, examining, verifying and submitting electronic evidence in court. The research method used is normative legal research that uses secondary data and consist of primary, secondary and tertiary legal materials. Novelty in this research specifically discusses the vagueness of norms against the use of electronic evidence.
Co-Authors Elisatris Gultom Eman Suparman Fadhel Arjuna Adinda Huta Disyon John Woodward