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0.444
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All Journal Formosa Journal of Science and Technology (FJST) Journal of Law & Policy Review
Takarub, Kukuh Derajat
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Humanities Computer Science & IT Education Industrial & Manufacturing Engineering Law, Crime, Criminology & Criminal Justice Social Sciences

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Pendaftaran Peralihan Hak Atas Tanah Yang Bersumber Dari Kesepakatan Ahli Waris Yang Dibuat Dihadapan Notaris Takarub, Kukuh Derajat; Lubis, Muhammad Yamin; Sembiring, Rosnidar; Suprayitno, Suprayitno
Journal of Law & Policy Review Vol 1, No 2 (2023): Journal of Law & Policy Review, December
Publisher : Mahesa Research Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34007/jlpr.v1i2.443

Abstract

This research aims to explore in-depth the registration of the transfer of inheritance rights sourced from an agreement among heirs made before a notary. However, the registration of the transfer of rights, according to Article 37 of Government Regulation No. 24 of 1997 on Land Registration, can only be registered if proven by a deed made by a land deed official (PPAT). Consequently, there is a discrepancy in implementing the inheritance transfer according to Article 111 paragraph 3 of Regulation of the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency No. 16 of 2021, which can be made in the form of an underhand deed by all heirs witnessed by 2 (two) witnesses or by a deed of inheritance division made before a notary. This research is classified as normative, and the data is analyzed qualitatively. The results indicate that an agreement is a crucial element in an agreement, where Article 1320 of the Civil Code emphasizes that an agreement is a requirement for the validity of an agreement. The agreement related to the inheritance object carried out by the parties can override what is regulated in inheritance law as long as it meets the elements of Article 1338 and does not violate Article 1321 of the Civil Code. To make the agreement a perfect evidence, it should be made before a notary with a notarial deed as referred to in Article 1870 of the Civil Code.
Cancellation of Registration of Changes to the Articles of Association of a Limited Liability Company Due to the Lack of Transfer of Shares to the Heirs Due to the Death of the Shareholders Takarub, Kukuh Derajat
Formosa Journal of Science and Technology Vol. 3 No. 12 (2024): December 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/fjst.v3i12.12894

Abstract

Conflicts among shareholders are considered to be close firms' weak point. They can take many various forms, but they typically manifest as shareholder impasses, minority mistreatment, or persecution of the majority. The behavioral law and economics movement, which is now very popular, demonstrates how many cognitive biases and heuristics—such as information asymmetry, availability and representativeness heuristics, over-optimism, and strategic behavior—contribute to their genesis. Depending on the specific governance objective to be met, entrepreneurs use a variety of contractual protections in international corporation law practice to successfully avoid and settle the aforementioned shareholder conflicts. The most prevalent are limitations on share transfers (such as permission clauses and the right of first refusal), special rights for minority shareholders (such as the ability to veto management decisions, and super-majorities for important.
Co-Authors Muhammad Yamin Lubis, Muhammad Yamin Rosnidar Sembiring Suprayitno Suprayitno