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All Journal Syiar Hukum: Jurnal Ilmu Hukum KRTHA BHAYANGKARA
Dwiyanto, Sultan Alvaro
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Law, Crime, Criminology & Criminal Justice

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Privatization Through Building Use Rights in The Tangerang Sea Fence Area According to Positive Law Asyidqi, Alfi Taufiq; Dwiyanto, Sultan Alvaro; Amrullah, Anwar Hafidz
Syiar Hukum Volume 22, No 2 (2024) : Syiar Hukum : Jurnal Ilmu Hukum
Publisher : Fakultas Hukum, Universitas Islam Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29313/shjih.v22i2.14738

Abstract

The privatization of marine space in Tangerang through sea fences and Building Use Rights (HGB) certificates harms the local economy. All forms of natural resource privatization in Indonesia must consider their legality. The purpose of this research is to analyze the legality of the Tangerang Sea fence and the legal certainty of HGB certificates in the privatization of marine space. This research uses a normative juridical approach with secondary data. The research results indicate that this privatization violates Indonesian positive law because it does not meet the licensing procedures, contradicts Article 33, paragraph 4 of the 1945 Constitution, and harms the community. The HGB certificate is also invalid because it violates spatial planning regulations and the principle of common property.
Legalization of Deed of Establishment of Limited Liability Company Fintech Without Permit from Financial Services Authority (OJK) Dwiyanto, Sultan Alvaro; Alfi Taufiq Asyidqi
KRTHA BHAYANGKARA Vol. 19 No. 1 (2025): KRTHA BHAYANGKARA: APRIL 2025
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v19i1.3614

Abstract

Fintech companies engaging in crowdfunding services based on information technology (LPBBTI) are required to establish a deed of incorporation as a limited liability company (PT) through a notary and obtain a license from the Financial Services Authority (OJK). However, there is a phenomenon where fintech companies that are already established as PTs operate without a license from OJK. The primary issue to be analyzed is the legal consequences on the validity and existence of the incorporation deed that has been created by the notary and whether it can be revoked or erased due to the company being classified as ilegal. The research approach used in this study is a normative juridical approach, focusing on the use of secondary data as references, with qualitative data as the type of data employed. The establishment of a PT is a requirement from OJK that must be fulfilled by fintech companies. For fintech companies that engage in LPBBTI activities without a business license, criminal sanctions can be imposed. Additionally, the notary is not obligated to ensure that the fintech company has obtained a business license from OJK. The deed of incorporation of the PT remains legally valid, even if the fintech company does not have a business license from OJK, because the incorporation deed serves as evidence that the PT is registered as a legal entity, and it does not result in the annulment or removal of the deed of incorporation.
Co-Authors Alfi Taufiq Asyidqi Amrullah, Anwar Hafidz Asyidqi, Alfi Taufiq