R. Suharto
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Legal Audit as an Effort to Improve Good Corporate Governance Based on Prudential Principles Karuna, Indrayana Chandra; Sulistianingsih, Dewi; R. Suharto
The Indonesian Journal of International Clinical Legal Education Vol. 6 No. 1 (2024): March
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v6i1.3870

Abstract

Legal Audit or legal due diligence is a careful examination activity in terms of law which is conducted by legal consultants on a company in accordance with the purpose of the transaction. The purpose of this study is to analyze legal audits conducted in companies as an effort to improve good corporate governance with the principle of prudence. This study uses normative research methods, where the author examines and studies the norms governing legal audits in companies in accordance with applicable laws and regulations. Legal audit aims to assess the level of company security, especially in terms of risk aspects that can endanger assets owned by the company and to obtain information or material facts that can describe the condition of a company or object of transaction. Legal audit will be conducted very necessary, for example in the state that the company will mergers, acquisitions, consolidations, credit with third parties, to the sale of the company. Even for Initial Public Offering activities, each issuer is required to appoint an advocate in conducting an examination in terms of company law. In this audit/audit process, documents are required such as the deed of incorporation, documents related to company assets, board of directors meetings, and commissioners meetings, agreements made and signed by the company with other parties, documents related to licensing, taxes, labor affairs, company insurance, including documents related to the relationship between the company and court bodies and outside the court.  This Legal Audit aims to verify the legality of a legal entity or business entity, determine the level of compliance of a legal entity with a rule of law, provide views on a plan/action to be taken by the company, and to obtain legal certainty on a legal issue.
Revamping Partnership Agreements to Empower Micro, Small, and Medium Enterprises in the Processed Marine Fish Food Industry Badriyah, Siti Malikhatun; R. Suharto; Retno Saraswati; Marjo
Lentera Hukum Vol. 12 No. 2 (2025): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v12i2.48815

Abstract

Due to its abundant resources, Indonesia holds significant potential for developing its processed food industry using marine fish as a raw material. Micro, Small, and Medium Enterprises (MSMEs) are central to this sector. However, these enterprises need more capital, knowledge, technology, and marketing, distribution, and licensing. Therefore, collaboration with larger business entities through partnership systems is crucial. Currently, the legal relationships within these partnerships are based on agreements, but specific regulations often lead to imbalanced relationships between the parties involved. This research emphasizes the need to reconstruct regulations on partnership agreements to foster MSME development in the processed food industry. The government should conduct comprehensive socialization in collaboration with various stakeholders, including business actors, community leaders, and academics, to educate MSMEs and large business actors about the importance of business partnerships and their legal aspects. The legislative body should also formulate specific regulations to provide balanced legal protection for all parties involved.Keywords: MSMEs, Processed Food, Business Partnership, Agreement, Regulation.