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All Journal JIPM: Jurnal Indragiri Penelitian Multidisiplin INSPIRING LAW JOURNAL
Sebayang, Supriyadi
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Humanities Computer Science & IT Education Electrical & Electronics Engineering Law, Crime, Criminology & Criminal Justice Medicine & Pharmacology Social Sciences

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LEGAL CONSEQUENCES OF REDUCED INDEPENDENCE OF SUBSIDIARIES BY PARENT CONTROL IN HOLDING COMPANY (STUDY ON PLANTATION SOE HOLDING) Sebayang, Supriyadi
Inspiring Law Journal Vol 2, No 1: Januari - Juni
Publisher : Inspiring Law Journal

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Abstract

PT Perkebunan Nusantara III (Persero) is the holding company for PT Perkebunan Nusantara I, II, IV to XIV in the Perkebunan BUMN Holding structure. In order to accelerate the operations of the Plantation BUMN Holding, the parent company exercises control by issuing a set of policy norms to be applied to subsidiaries. However, in practice, apart from issuing policy provisions, the parent company is also directly involved in the operations of the subsidiary down to the most technical matters, so that the subsidiary as a separate legal entity that is separate from its owner (Shareholders) has lost its independence in managing the operations of the subsidiary as it should be. implemented by the Subsidiary's Directors. The most crucial problem that arises in this research is whether the legal consequences for the parent company's control cause the subsidiary to lose its independence. The theories used in this research are the theory of Corporate Legal Entity and Piercing the Corporate Veil. The results of this research conclude that juridically, the legal status of the parent company and subsidiary companies is that they are independent legal entities and each has the right to carry out its own legal actions. However, in business reality it cannot be denied that subsidiary operations are completely under the control of the parent holding company. In this case the subsidiary has become the alter ego for the Shareholders (PTPN III). Thus referring to the doctrine of piercing the corporate veil, Shareholders (PTPN III) have the potential to be held responsible for personal assets (PTPN III) if losses occur to the company and third parties
Peranan Hukum dalam Meningkatkan Pembangunan Sebayang, Supriyadi
Jurnal Indragiri Penelitian Multidisiplin Vol. 4 No. 3 (2024): Jurnal Indragiri Penelitian Multidisiplin
Publisher : Indra Institute Research & Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58707/jipm.v4i3.1067

Abstract

Law plays an important role in development. Law is essential to form a framework to achieve fair and sustainable development goals. Without an adequate legal system, development will be vulnerable to uncertainty. In addition, in a legal climate full of uncertainty, it is full of potential conflicts and abuse of community rights. Ultimately, the threat of development failure will become more real. Likewise, in the context of economic recovery, the role of law is very important, at least it can be used as a momentum to be able to display law with its corrective role, correcting and improving the behavior (especially) of state administrators and various policies that can affect the economic sector. The corrective role of law at least covers areas that can support development and welfare, such as economic stability, social, Human Rights and a sustainable environment (sustainability). Law also plays an important role in ensuring social justice and equal distribution of welfare in the midst of the economic development process. In addition, a strong legal system can create a conducive investment climate by providing certainty and protection for business actors. Furthermore, effective law can encourage innovation and creativity in the economic sector by protecting intellectual property rights and supporting healthy business competition. The law also has an important function in regulating and supervising the financial sector, including banking and capital markets, to prevent detrimental practices and maintain the stability of the financial system. In addition, the role of law in economic recovery includes providing a regulatory framework that supports the development of sustainable and environmentally friendly industries.
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