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Kepastian Hukum Transaksi Direksi Yang Memuat Benturan Kepentingan Ditinjau Dari Good Corporate Governance Dian Priharyanti; Elisatris Gultom
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 2 No. 1 (2024): Maret : Deposisi: Jurnal Publikasi Ilmu Hukum
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v2i1.2199

Abstract

Directors have a crucial role in the company, with the potential for actions that are not in accordance with corporate governance that can be detrimental and cause conflicts of interest, threatening the company's growth. In this context, Good Corporate Governance becomes crucial as a supervision to prevent detrimental actions. This article discusses Directors' Transactions involving Conflicts of Interest and legal certainty of director actions. The research uses normative juridical methods, with a statutory regulatory approach as the basis. Actions or transactions with a conflict of interest are considered not to be a legal problem if they are carried out in good faith, in accordance with KEP-412/BL/2009. However, a different view emerges from the principles of good corporate governance which suggest avoiding transactions with conflicts of interest. The research conclusion confirms that directors, as holders of trust, cannot be held responsible for losses if they act in good faith. Although the law allows transactions with conflicts of interest, the principles of good corporate governance emphasize the importance of avoiding actions that involve conflicts of interest in order to maintain the principles of good corporate governance.
Quo Vadis of The Legal Standing and Ownership of A Moveable Object (Cars) Which Not Yet Fully Paid In A Perspective of Civil and Bankruptcy Law Dian Priharyanti; Anita Afriana
Journal of Law, Politic and Humanities Vol. 4 No. 6 (2024): (JLPH) Journal of Law, Politic and Humanities (September-October 2024)
Publisher : Dinasti Research

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Abstract

The implementation of buying and selling is often carried out on cash or credit, which often has an impact if something happens to the debtor, especially if the debtor is bankrupt. In bankruptcy, the Debtor’s asset are collateral for creditors to obtain payment of the bills that has been registered. This research will answer the question whether assets in the form of four-wheeled motorised vehicles that have not been paid in full by bankrupt debtors can be withdrawn into bankruptcy assets in bankruptcy? And when does the ownership right to a movable object transfer in a sale and purchase that overrides Article 1458 of the Civil Code with an agreement?. As for the truth in connection with these questions, the results of the discussion are obtained in the form of an explanation that motorised vehicles purchased on credit can still be part of the bankruptcy estate, even though it has not been paid in full by the debtor. As for the transfer of property rights itself, it is actually based on Article 612 of the Civil Code.