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All Journal Jurnal Hukum Lex Generalis Jurnal hukum IUS PUBLICUM
Putra, Nouval Rivaldi
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Humanities Law, Crime, Criminology & Criminal Justice Other

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ANALISIS HUKUM TERHADAP PEMBUBARAN BADAN USAHA MILIK DESA (BUM DESA) AMARTHA PATAS MELALUI MUSYAWARAH DESA DITINJAU BERDASARKAN PERATURAN PEMERINTAH NOMOR 11 TAHUN 2021 TENTANG BADAN USAHA MILIK DESA Lubis, Muhammad Azmi Farid; Fachrurozi, Aal; Putra, Nouval Rivaldi; Fikri Fadhil, Muhammad; Hurruzia, Khansa; Gultom, Elisatris
Jurnal Hukum Ius Publicum Vol 5 No 2 (2024): Jurnal Hukum Ius Publicum
Publisher : LPPM Universitas Doktor Husni Ingratubun Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55551/jip.v5i2.110

Abstract

Village-Owned Enterprises (BUM Desa) are legal entities that aim to manage and develop the potential of village resources as well as to improve the quality of life of village communities and strengthen village capabilities. However, its progress is certainly not easy, one of which is BUM Amartha Patas Village which has stopped operating after a three-year hiatus. Basically, BUM Desa cannot be dissolved and simply stops operating because this could give rise to other legal consequences. The management's responsibilities remain even though BUM Desa has been on hiatus for three years. This research is juridical-normative legal research aimed at finding and formulating legal arguments. This research has the characteristic of studying the object of legal research in terms of legal principles. The research results show that the responsibility of the BUM Desa management does not end with the cessation of business activities. They must complete all ongoing activities, settle the assets and obligations of BUM Desa, as well as protect community assets and settle debts. Cessation of business activities does not erase the legal status of BUM Desa as a legal entity. The dissolution of BUM Desa is defined as the cessation of business activities, with assets and liabilities remaining and must be handled legally.
PENERAPAN ASAS ITIKAD BAIK PADA PENGALIHAN HAK ATAS TANAH TERHADAP HARTA DEBITOR PAILIT : APPLICATION OF THE PRINCIPLE OF GOOD FAITH IN THE TRANSFER OF LAND RIGHTS TO THE PROPERTY OF A BANKRUPTCY DEBTOR Putra, Nouval Rivaldi; Fachrurozi, Aal; Suryanti, Nyulistiowati; Yuanitasari, Deviana
Jurnal Hukum Ius Publicum Vol 4 No 2 (2023): Jurnal Hukum Ius Publicum
Publisher : LPPM Universitas Doktor Husni Ingratubun Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55551/jip.v4i2.65

Abstract

Giving debt or credit by creditors in their position as individuals or legal entities to debtors is a common occurrence in social life. Nowadays, it is rare to find an entrepreneur who does not use debt facilities (loans or credit) in the form of short-term debt. The regulations in bankruptcy law initially gave authority to creditors holding collateral rights, to be able to execute without being affected by bankruptcy, PT Bringin Srikandi Finance took legal action to transfer the land rights of PT Panghegar Kana Legacy, which is now in bankruptcy, to the name of PT Bringin Srikandi Finance which is one of the creditors of PT Panghegar Kana Legacy. This research will examine the application of the principle of good faith in the transfer of land rights by creditors to the assets of bankrupt debtors. Through a normative juridical approach with analytical descriptive methods, it can be determined that this is an act against the law and does not respect the principle of good faith at all.
Analisis Hukum Tanggung Jawab Direksi atas Tindakan Ultra Vires pada Perseroan Perorangan Berdasarkan Undang-Undang Cipta Kerja dan Undang-Undang Perseroan Terbatas Putra, Nouval Rivaldi
Jurnal Hukum Lex Generalis Vol 6 No 4 (2025): Tema Hukum Perdata dan Kenotariatan
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i4.1964

Abstract

A limited liability company (PT) as a legal entity has the principle of limited liability. Through the Job Creation Law, the concept of a sole proprietorship has emerged, allowing one person to establish a PT. However, the principle of separation of liability and the potential for ultra vires actions pose legal challenges for the directors' accountability. The purpose of this study is to examine the application of the ultra vires principle in determining director liability in a sole proprietorship and the legal implications for the personal liability of directors in a sole proprietorship that engages in ultra vires actions under the Limited Liability Company Law and the Job Creation Law. The research method used is normative legal analysis with descriptive analytical techniques. The ultra vires principle in sole proprietorship companies, although not explicitly regulated, applies through the interpretation of the authority of the board of directors based on the Limited Liability Company Law and the Job Creation Law. The board of directors, who are also the sole shareholders, are required to act in accordance with the articles of association and the law. Actions exceeding their authority are classified as ultra vires, invalid, and not binding on the company, thereby shifting liability to the individual. As a result, the principle of limited liability is nullified, becoming unlimited liability through the doctrine of piercing the corporate veil, with liability for losses and potential criminal penalties if accompanied by bad faith or gross negligence.
Co-Authors Deviana Yuanitasari Elisatris Gultom Fachrurozi, Aal Fikri Fadhil, Muhammad Hurruzia, Khansa Lubis, Muhammad Azmi Farid Nyulistiowati Suryanti