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M. Jafar, Juliati
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TANGGUNG JAWAB DIREKSI DALAM PERSEROAN TERBATAS DI MAKASSAR (STUDI KASUS PUTUSAN NOMOR 11/Pdt. Sus-PHI/2019/PN.Mks): THE RESPONSIBILITY OF THE BOARD OF DIRECTORS IS LIMITED TO THE COMPANY IN MAKASSAR (DECISION NUMBER CASE STUDY 11/Pdt. Sus-PHI/2019/PN.Mks) Okman, Arlan; A. Hasan, Yulia; M. Jafar, Juliati
Clavia Vol. 18 No. 1 (2020): Clavia : Journal of Law, April 2020
Publisher : Faculty Of Law Bosowa University

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Abstract

The aim of this research is for determine the Directors responsibilities on Limited Liability Companies and find out what are the factors that caused the decision No. 11 / Pdt.Sus-PHI / 2019 / PN.Mks Niet Onkavelijke Veklaard. The research method used is a normative juridical research method, while the data collection uses qualitative methods. The results of this study indicate that the responsibility of the board of directors in the decision does not exist because the lawsuit in the case does not meet the formal requirements. However, if the claim is accepted and partially or fully granted, in carrying out the accountability, the board of directors in fulfilling the rights of employees' wages and severance pay acts on behalf of the PT and the responsibility is carried out based on the advice and decision of the judge. In addition, the factors of the decision No. 11 / Pdt.Sus-PHI / 2019 / PN.Mks Niet Ontvankelijke Verklaard are the failure to fulfill the formal requirements of the plaintiffs' lawsuit, where in this case only PT can become defendant as Persona In Judicio so that the lawsuit does not experience an error In Persona.
ANALISIS YURIDIS PERJANJIAN GADAI TANAH MENURUT UNDANG-UNDANG NOMOR. 56/PRP/1960 DI DESA PARASANGANG BERU KECAMATAN TURATEA KABUPATEN JENEPONTO: JURIDICAL ANALYSIS OF LAND PLANT AGREEMENT ACCORDING TO LAW NUMBER. 56 / PRP / 1960 IN PARASANGANG BERU VILLAGE, TURATEA DISTRICT, JENEPONTO DISTRICT Azikin, Elizah; M. Jafar, Juliati; Taba, Hamzah
Clavia Vol. 18 No. 1 (2020): Clavia : Journal of Law, April 2020
Publisher : Faculty Of Law Bosowa University

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Abstract

This inquiry is an purpose for studying, knowing, and understand the implementation of the pawn agreement for agricultural land in Parasangang Beru Village Jeneponto District in accordance based on Law Number 56/Prp/1960 and to understand the mechanism for returning the pawn agreement for agricultural land in the village of Parasangang Beru Village Turatea District Jeneponto Regency in accordance with the provisions of Law Number 56. Prp of 1960 concerning Determination of Agricultural Land Area. The inquiry method used is a type of empirical legal research that is a research conducted on the actual situation or real conditions that occur in the field with the intention to find out and find the facts and data that needed, after the required data is collected then leads to identify problems which then lead to problem solving. This researches uses primary data and secondary data which were carried out in Parasangang Beru Village, Turatea District, Jeneponto Regency and this inquiry was also conducted at the ATR Office of the Jeneponto National Land Agency.Data obtained from observations and interviews and analyzed qualitatively that is descriptive. The results show and indicated that of the implementation of agricultural pawning agreements carried out in the village of Parasangang Beru, Jeneponto Regency were not accordance with the provisions in a Article 7 of Law Number. 56/Prp/1960 concerning the Determination of Agricultural Land Areas. 7 years tend to use customary law and do not use Regulation of the Minister of Agriculture and Agriculture No. 20 of 1963 concerning Guidelines for Settlement of Pawn Problems as implementing regulations in completing agreements for pawn objects for agricultural land in the community.
ANALISIS HUKUM TERHADAP UTANG DEBITOR DALAM PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG: LEGAL ANALYSIS OF DEBT DEBTORS IN DEBT PAYMENT OBLIGATION DELAY Irfan, Irfan; Tira, Andi; M. Jafar, Juliati
Clavia Vol. 20 No. 1 (2022): Clavia : Journal of Law, April 2022
Publisher : Faculty Of Law Bosowa University

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Abstract

This study aims to determine the application of formal and material requirements in the application for Postponement of Debt Payment Obligations in Decision Number 1/Pdt.Sus-PKPU/2020/PN Niaga Mks and the implementation of protection of creditor interests in the application for Postponement of Debt Payment Obligations in Decision Number 1/Pdt. Sus-PKPU/2020/PN Niaga Mks. The type of research used is empirical juridical, with data collection techniques through library research methods and field research methods using interview research instruments. and documentation. The data of this study were analyzed descriptively qualitative. Based on the researcher's analysis that the application of the formal and material requirements in the decision Number 1/Pdt.Sus-PKPU/2020/PN Niaga Mks has fulfilled the provisions stipulated by Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations, the application for postponement of obligations debt payments can be granted. Since the stipulation of the postponement of debt payment obligations by the Panel of Judges. Creditors who as applicants for PKPU have fulfilled the protection of their interests, creditors get their rights and interests during the process of requesting a postponement of debt payment obligations, but creditors cannot directly collect debts from debtors because of the provisions and the judge has appointed a curator or implementation supervisory body in the process. request for postponement of debt payment obligations (PKPU). Based on the researcher's analysis that in the decision Number 1.Pdt.Sus-PKPU/2020/PN Niaga Mks the implementation of the creditor's interest in the ongoing application for the postponement of the obligation to pay debts has fulfilled the provisions, protection and interests of the creditor have been fulfilled
ANALISIS HUKUM HAK – HAK ATAS ANAK AKIBAT DISPENSASI NIKAH DI PENGADILAN SUNGGUMINASA: LEGAL ANALYSIS OF CHILDREN'S RIGHTS DUE TO MARRIAGE DISPENSATION AT SUNGGUMINASA COURT Akbar, M.; Tira, Andi; M. Jafar, Juliati
Clavia Vol. 20 No. 1 (2022): Clavia : Journal of Law, April 2022
Publisher : Faculty Of Law Bosowa University

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Abstract

This study aims to determine: 1). How is the implementation of legal protection against the granting of a marriage dispensation application at the Sungguminasa Religious Court 2). How are the rights of children as a result of the marriage dispensation at the Sungguminasa Religious Court. The research method used is field research with data collection techniques, namely interviews and documentation and analyzed qualitatively. The results showed 1). The implementation of legal protection for the granting of a marriage dispensation application at the Sungguminasa religious court. Regarding the Marriage Dispensation at the Sungguminasa Religious Court, the judge basically understood well, in which case the judge in deciding the decision on a marriage dispensation case referred to the Compilation of Islamic Law (KHI) and Law Number 35 of 2014 concerning Child Protection. In determining the application for a marriage dispensation, the judge has used various considerations and legal grounds related to the granting of a marriage dispensation. Although the age limit for marriage requirements has been regulated, at the practical level the application is flexible. This means, if it is a case of an emergency in order to avoid mafsadah (damage) then dispensation must be given and immediately married. 2). As a result of the stipulation of marriage dispensation at the Sungguminasa Religious Court, it causes the rights of the child to be unfulfilled. In this case, the child loses the opportunity to continue his education, loses the opportunity to develop and express, be creative, and take advantage of free time. If viewed from the application of Law Number 35 of 2014 concerning Child Protection against marriage dispensation cases at the Sunggumiansa Religious Court, it has not been effective because in this case the form of protection provided by the Religious Courts to applicants for marriage dispensation is limited to protecting children from discriminatory treatment regardless of the rights of the child being protected. other.