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All Journal JURNAL USM LAW REVIEW LamLaj
Ariawan Gunadi
Tarumanagara University
Law, Crime, Criminology & Criminal Justice Social Sciences

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The Effectiveness of Executing a Personal Guarantee as Security in Resolving Non-Performing Loans in Indonesia Frederick Septian Tuwan; Ariawan Gunadi
Lambung Mangkurat Law Journal Vol. 10 No. 1 (2025): March
Publisher : Program magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32801/abc.v10i1.209

Abstract

This study aims to analyze the effectiveness of executing personal guarantees as security in resolving non-performing loans in Indonesia. The method used is normative legal research with a statutory and case study approach. In banking practice, personal guarantees are often used as additional security for credit facilities, yet their enforcement faces various legal and administrative challenges. One major issue is the absence of preferential rights for creditors in this guarantee, requiring banks to undergo litigation to execute the guarantor's assets. Furthermore, guarantors often transfer their assets to evade liability, complicating the execution process. The execution procedure also entails lengthy legal steps, including summons, lawsuits, and court rulings before enforcement. Therefore, clearer regulations and more effective execution mechanisms are needed to enhance legal certainty for both creditors and debtors.
Legal Policy on the Use of Weapons by Law Enforcement Officers from the Perspective of Protecting the Right to Freedom of Expression Nur Sya'ban; Ariawan Gunadi
Lambung Mangkurat Law Journal Vol. 10 No. 1 (2025): March
Publisher : Program magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32801/abc.v10i1.224

Abstract

This study examines the issue of the use of force by law enforcement officers in managing demonstrations, particularly from the perspective of protecting the right to freedom of expression. Although demonstrations are a constitutional right guaranteed by the 1945 Constitution of the Republic of Indonesia and international human rights instruments, in practice, there have been various violations of human rights principles—such as the disproportionate use of force, arrests without clear justification, and limited access to legal assistance for detained protesters. Law enforcement personnel often face a dilemma between maintaining public order and the risk of being accused of human rights violations, while civilians—including those not directly involved—often suffer the consequences of anarchic demonstrations. This research highlights the urgent need for a human rights-based approach in managing public protests, through enhancing the professionalism and capacity of law enforcement, strengthening dialogue among stakeholders, and improving compensation mechanisms for affected parties. A holistic approach is essential to achieving a balance between safeguarding the right to free expression and maintaining public order in Indonesia.
Legal Analysis of Articles of Association Amendments That Cause Share Dilution: Implications for Minority Shareholders' Rights Nathanael Ezekiel Ferdinandus Zulvacar; Ariawan Gunadi
JURNAL USM LAW REVIEW Vol. 8 No. 2 (2025): AUGUST
Publisher : Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/julr.v8i2.12069

Abstract

This study analyzes the juridical validity of amendments to articles of association that lead to share dilution and their implications for minority shareholders in Indonesian corporate law. The urgency arises from the growing number of corporate actions that, while procedurally legal, result in substantive disadvantages for minority shareholders, creating governance imbalances. Using a normative juridical method, the research examines relevant laws, doctrines, and legal principles governing shareholder protection in share dilution cases. The findings reveal that amendments to articles of association often result in a loss of ownership percentage and voting power for minority shareholders due to inadequate safeguards such as pre-emptive rights. The study highlights the gap between formal legal compliance and substantive fairness, identifying weaknesses in both enforcement and regulatory oversight. The novelty of this research lies in its focus on the intersection between corporate governance and minority rights in the context of articles of association amendments, an area that remains underexplored in Indonesian legal scholarship. The study concludes that current protections are insufficient and recommends legal reforms, including enhanced minority veto rights, stronger enforcement mechanisms, and the institutionalization of accessible dispute resolution avenues.
Co-Authors Frederick Septian Tuwan Nathanael Ezekiel Ferdinandus Zulvacar Nur Sya'ban