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All Journal Fox Justi : Jurnal Ilmu Hukum Birokrasi: Jurnal Ilmu Hukum dan Tata Negara
Azura Tasya
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Humanities Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Tanggung Jawab Terbatas Pemegang Saham Atas Pailitnya Perseroan Terbatas Shinju Aisuru Siregar; Azura Tasya
Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA Vol. 1 No. 4 (2023): Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/birokrasi.v1i4.865

Abstract

The responsibility of shareholders, known as the piercing the corporate veil doctrine, in the bankruptcy of a limited company based on Law Number 40 of 2007 is only limited to the share capital paid by shareholders to the company. The shareholder's responsibility for the shares paid up does not apply if proven; shareholders, whether directly or indirectly, in bad faith, use the limited liability company for personal interests, shareholders who are involved in unlawful behavior use the assets of the limited liability company for personal gain, which results in the assets of the limited liability company being reduced and insufficient to pay off the debts of the limited liability company. The General Meeting of Shareholders, hereinafter referred to as (GMS), is an organ of a limited liability company which has authority that is not delegated to the Board of Directors or the Board of Commissioners in carrying out its duties and authority. The duties and authorities of the GMS organs in the UUPT are; making changes to the articles of association, increasing the company's capital, reducing the company's capital, appointing directors, determining the amount of allowances for members of the board of directors, dismissing directors, appointing commissioners, determining the amount of honorarium salaries and allowances for commissioners, as well as appointing independent commissioners and dissolving the company.
The Role Of Advocates In Upholding The Principles Of Justice In Judicial Institutions Fauziah Lubis; Andli Arya Harahap; Angga Wira Yuda Tarigan; Audi Mutia Adrivia Nst; Azura Tasya; Da Cahara; Muhammad Kaharuddin
Fox Justi : Jurnal Ilmu Hukum Vol. 15 No. 02 (2025): Fox justi : Jurnal Ilmu Hukum, Edition 2025
Publisher : SEAN Institute

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Abstract

The aim of this research is to examine the role of advocates in upholding the principles of justice in the judiciary , and the challenges they face . How important is the existence of advocates in the justice system in Indonesia, because advocates in carrying out their professions are free to enter all stages of the investigation process , police investigations , prosecutors and courts ( civil , criminal , administrative , labor , business competition , and so on ). An advocate can even provide legal advice and assistance to people who have legal problems outside the judicial process (non- litigation) resolution ). Thus , advocates as law enforcement officer play an important role in creating certainty , justice and legal benefits in the Indonesian justice system . The role of advocates is very important in upholding the principles of justice in Indonesian courts , especially in the adversarial justice system . Their main task is to protect clients ' rights and ensure that the legal process takes place fairly and transparently . What are the roles of advocates in upholding the principles of justice in the judiciary ? And what challenges do advocates face in carrying out their function to uphold justice ? This research uses a normative method that combined literature reviews to explore these dynamics . It is hope that the research results will provide a better understanding of how advocates can increase their effectiveness in upholding justice , as well as support the reforms needed to create a legal system that is fairer and more responsive to the needs of society . Thus , this research will contribute to a deeper understanding of the challenges and opportunities face by advocates in carrying out their profession in the modern era .
Co-Authors Andli Arya Harahap Angga Wira Yuda Tarigan Audi Mutia Adrivia Nst Da Cahara Fauziah Lubis Muhammad Kaharuddin Shinju Aisuru Siregar