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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum JUSTICIA SAINS: Jurnal Ilmu Hukum
Fabiola, Bella
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Law, Crime, Criminology & Criminal Justice

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Perbandingan Komposisi dan Pertanggungjawaban Organ Perseroan dalam Anggaran Dasar Perseroan Serta Minimal Pemegang Saham antara Hukum Perseroan Indonesia dan Beberapa Negara Non-Civil Law Fabiola, Bella; Sendrawan, Tjhong
JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 9, No 2 (2024): JUSTICIA SAINS: Jurnal Ilmu Hukum
Publisher : Universitas Sang Bumi Ruwa Jurai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24967/jcs.v9i2.3267

Abstract

The actions of the organs of a Limited Liability Company (PT) are limited by the Articles of Association of the Company itself. But behind the Company's Articles of Association, of course there is the Company Law which limits the provisions regarding PT. The limitations in the UUPT are not necessarily universal. This fact causes the Company's Articles of Association to have provisions that are different from the constitutional documents of PTs in other countries. Based on this, the question that arises is what are the differences between the provisions of the Company Law and other countries, especially in terms of the organs contained in the Company. The research method used in writing this article is a normative juridical research method. The research specifications used in this research are analytical descriptive. The data analysis method used is normative qualitative.From the comparative study in this paper, a number of legal gaps can be identified in Indonesian law that need to be corrected. First, the Company Law has not yet concretely explained the limits of the Directors' responsibilities, leaving legal uncertainty regarding the limits of the Directors' responsibilities. Second, the role of the Board of Commissioners seems unnecessary because it can be transferred to existing Company organs. Therefore, the Board of Commissioners needs to be given a clearer role in the Articles of Association. Third, there is no concrete reason for the prohibition on single share ownership.
Analysis of TheVadility of A Cession Over A Receivables Sale and Purchase Agreement That Was Subject to an Invalid Novation Fabiola, Bella; Cahyono, Akhmad Budi
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 21 No. 1 (2022): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v21i1.1904

Abstract

In order to guarantee smooth capital turnover, banks would often "withdraw" their capital even if the receivables (often from credit) that they currently own are not yet payable, by selling their receivables, followed by cession. However, in practice this is often problematic. Most of the problems revolving around this practice is that the cession that follows the selling of receivables is conducted not in accordance with applicable laws regarding cession and could therefore backfire and become a problem for the bank in question. The cession of Permata Bank on Debt Assignment Deed (Cession) Number 85 dated 5 May 2017, as stated in the Central Jakarta Commercial Court Decision Number 131/Pdt.SUS-PKPU/2018/PN.Niaga.Jkt.Pst is one of such problematic cessions. On this matter, the assignment of receivables was done through Debt Assignment Deed (Cession) Number 85 dated 5 May 2017, related to a Conditional Receivables Sale and Purchase Agreement that was novated and then amended. This article uses a normative juridical research method. The research specifications used in this study are descriptive analytical. The secondary data used by the author in this study consisted of primary legal materials, secondary legal materials, and tertiary legal materials. The data analysis method used is normative qualitative. The Conditional Receivables Sale and Purchase Agreement is carried out without the transfer of ownership with cession, so that the ownership has not yet been transferred to the buyer. The Novation and Amendment To the Conditional Receivables Sale and Purchase Agreement is also invalid because it was carried out without involving the debtor. So, it can be concluded that the cession of the Conditional Receivables Sale and Purchase Agreement which was later novated and amended is null and void because the cession was made under a receivables sale and purchase agreement that was invalidly novated. Key Words: Cessie, Novasi, Receivables Sale and Purchase Agreement
Co-Authors Akhmad Budi Cahyono Sendrawan, Tjhong