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Upaya Hukum Pemegang Saham Minoritas Atas Perusahaan yang Melakukan Merger/Akuisi Sudjai, Sudjai; Suanton, Suanton; Zubair, Asyhary
JURNAL LEGISIA Vol 16 No 1 (2024): Januari
Publisher : Fakultas Hukum dan Sosial Universitas Sunan Giri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58350/leg.v16i1.383

Abstract

Minority shareholders have the same rights as majority shareholders and are protected by Law Number 40 of 2007 concerning Limited Liability Companies, one of which is the right to determine the policy of the company that will make an acquisition or marger, but in practice we often read in print or in electronic media about lawsuits filed in the State High Court against majority shareholders because they feel aggrieved by shareholders majority. Therefore, the author examines the rights of minority shareholders and the efforts that can be taken using legal channels if in the acquisition process or company marger harms minority shareholders. This research uses normative or doctrinaire qualitative methods by examining the legal rules that apply to the law and the rules below, so as to obtain a conclusion about the rights and legal remedies that can be carried out by minority shareholders. The results showed that the rights for minority shareholders are to participate in the Minority General Meeting of Shareholders (GMS), the right to get dividends, and the right to conduct an Extraordinary General Meeting of Shareholders (EGMS) in accordance with a court order. Meanwhile, legal remedies that can be taken by minority shareholders if they feel aggrieved in the acquisition process or marger feel aggrieved are asking the company to buy shares owned at a fair price, filing a lawsuit with the directors and commissioners at the High District Court, and proposing the company to be dissolved through the General Meeting of Shareholders (GMS).
The Effectiveness of Criminal Sanctions in Preventing Corruption: A Literature Review of the Indonesian Legal System Suhartono, Suhartono; Sudjai, Sudjai; Darmawan, Didit; Rizky, Muchamad Catur; Saktiawan, Pratolo
Bulletin of Science, Technology and Society Vol. 3 No. 3 (2024): Bulletin of Science, Technology and Society (November)
Publisher : Metromedia

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Abstract

This research aims to analyze the effectiveness of the application of criminal sanctions in preventing corruption in Indonesia, with a legal literature-based approach. Through a normative juridical study, this research explores how the application of criminal sanctions, both repressive and preventive, can affect the incidence of corruption. This research also explores the legal reform efforts needed to create a more effective law enforcement system. The results show that the main obstacles to the effectiveness of criminal sanctions are weak supervision and inconsistency in the application of the law, which has implications for the low deterrent effect. The study also reveals the importance of synergy between strict criminal threats and prevention strategies based on anti-corruption education values to build a strong legal culture. From a comparative law perspective, the study suggests the adoption of best practices from other countries, such as Singapore and Norway, to strengthen corruption eradication efforts. Thus, this study provides important insights for policy makers and law enforcers to optimize the function of criminal sanctions as an effective prevention tool.