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All Journal Jaksa: Jurnal Kajian Ilmu Hukum Dan Politik International Journal of Social Science and Humanity
Diani Sadia Wati
Unknown Affiliation
Humanities Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Kepastian Hukum dan Upaya Pertanggungjawaban Pemerintah Terhadap Perlindungan Hak Tanah Ulayat di Pulau Rempang Nadifa Keyla Ismail; Novita Fitria Azzahra; Farchanza Haykanna Pireno; Fitrya Putry Amanda; Jessika Stefany Dyana; Diani Sadia Wati
Jaksa : Jurnal Kajian Ilmu Hukum dan Politik Vol 2 No 2 (2024): April: Jurnal Kajian Ilmu Hukum dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/jaksa.v2i2.1635

Abstract

The State of Indonesia regulates constitutionally in the 1945 Constitution all elements in the territory of Indonesia, including the elements of land and sea with their natural wealth, which is very influential for the survival of human life. So far, the law that was supposed to be the umbrella of the law that guarantees the realization of a subject set in it has not gone as it should. This is demonstrated by the escalation of the agrarian conflict in Rempang Island, Batam, related to the rights to land belonging to indigenous communities that were deprived of land use in the National Strategic Project of Eco City Reservoir. The study aims to analyze the role of law in Indonesia in the settlement of the conflict. The research methods we use are qualitative methods through the study of literature and normative legal (legal) research. Literature studies involve the collection of data sources through journals, articles, news portals, and relevant books related to the research topics taken. Normative legal research is aimed at finding the truth about the existence of legal certainty. The results of our research will show how the existing laws in Indonesia regulate the agrarian conflict on Rempang Island and how the government's efforts to take policy by advancing the laws that have been established in Indonesia for the survival of the rights of indigenous peoples affected by the conflict.
Interpretation of Debt-to-Equity Conversion for Goods Purchase Transactions Under POJK 14/2019 Muhammad Rausyan Fikry; Iwan Erar Joesoef; Diani Sadia Wati
International Journal of Social Science and Humanity Vol. 2 No. 2 (2025): June : International Journal of Social Science and Humanity
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijss.v2i2.388

Abstract

Interpretation of debt-to-equity swap provisions for goods purchase transactions as stipulated in the Financial Services Authority Regulation (POJK) Number 14/POJK.04/2019 concerning Affiliated Transactions and Conflicts of Interest in Certain Transactions. The principle of openness and fairness in transactions between affiliated parties, including in the context of debt-to-equity swaps. However, this provision does not explicitly regulate the conversion of debt arising from goods purchase transactions, thus creating room for legal interpretation regarding whether business debt from operational activities can be converted into equity participation through the issuance of new shares. This study aims to analyze the implementation of debt-to-equity conversion as a financial restructuring strategy, with a focus on legal certainty and protection of public shareholders based on POJK 14/2019. The study uses a normative legal approach with the method of statutory regulations and case studies on PT SLJ Global Tbk. The results of the study indicate that PT SLJ Global Tbk has complied with the formal procedures of POJK 14/2019, including information disclosure, GMS approval, and unaffiliated creditor criteria. However, the conversion of business debt creates legal ambiguity due to the lack of clarity as to whether the debt meets the definition of “loan” in POJK 14/2019. In addition, the dilution of public shares by 34.32% without adequate protection mechanisms indicates a lack of legal certainty. The study recommends normative interpretation and strengthening of regulations to ensure fairness and legal certainty in the practice of debt conversion. Keywords: ; ; ; ;
Co-Authors Farchanza Haykanna Pireno Fitrya Putry Amanda Iwan Erar Joesoef Jessika Stefany Dyana Muhammad Rausyan Fikry Nadifa Keyla Ismail Novita Fitria Azzahra