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All Journal Media Iuris Jurnal As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Alamsyah, Ariij Salsabil
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Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Liability of Directors for Failure to Record Changes in Ownership of Inherited Shares Farisi, Gusti Muhammad Reyhan; Alamsyah, Ariij Salsabil; Hardiansyah, Farid Naufal
Media Iuris Vol. 8 No. 2 (2025): MEDIA IURIS
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/mi.v8i2.68022

Abstract

Shares are a form of ownership of a person who has voting rights, rights to dividends, and rights to a share of assets in the event of liquidation. In the event that the owner of the shares dies, the transfer of ownership of the shares cannot occur immediately, but must go through a procedure so that the deed of rights to the shares is renamed to belong to the heirs. Cassation decision Number 2845 K/Pdt/2017 has set a new precedent; it was stated that the failure to record the heirs in the change of DPS was the negligence of the Board of Directors. So this research analyzes whether the Board of Directors is legally liable for the non-registration of heirs in the change of ownership of inherited shares, especially through systematic interpretation of article 50 paragraph (3) of the PT Law. This article is a legal research that uses primary and secondary legal sources in analyzing legal issues. The results show that the Board of Directors is passively obliged in terms of changes in ownership of shares in the DPS. So that the new obligation arises if the deed of change has been submitted to the company.
Penguasaan Tanah Ulayat yang Belum Terdaftar oleh Investor melalui Kontrak Karya: Tinjauan Yuridis terhadap Kasus PT Gag Nikel Dewanata, Bhisma; Ridaningjati, Pamungkas; Tobing, Daniel Giovanni Pandapotan L.; Farisi, Gusti Muhammad Reyhan; Alamsyah, Ariij Salsabil; Fatoni, Rifky Hamdan; Hutami, Aisya Puteri; Danu, Nizar Naren; Qatrunnada, Amirah
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 8 No. 1 (2026): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Institut Agama Islam Nasional Laa Roiba Bogor

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Abstract

The acquisition of customary land by mining companies often raises legal issues. Although customary land has constitutional recognition, the lack of administrative registration creates legal uncertainty, especially when ethics align with significant interests such as investment. This article analyzes the legality of PT Gag Nikel's acquisition of customary land, which operates under a Contract of Work (CoW), within the context of Law Number 4 of 2009 concerning Mineral and Coal Mining, as amended by Law Number 3 of 2020 (hereinafter referred to as the Minerba Law). This research uses legal research methods with statutory, conceptual, and case-based approaches. The results indicate that agreements between companies and indigenous communities are valid only if they meet consensual requirements and do not conflict with higher-level laws. Unauthorized agreements have low binding force and are vulnerable to revocation, especially when there is resistance from the aggrieved party or indications of default, as in the case of PT Gag Nikel. This article offers recommendations for legal reconstruction regarding the formal legalization mechanism for customary land agreements to strengthen the protection of indigenous communities while providing certainty for investors.
Co-Authors Danu, Nizar Naren Dewanata, Bhisma Farisi, Gusti Muhammad Reyhan Fatoni, Rifky Hamdan Hardiansyah, Farid Naufal Hutami, Aisya Puteri Qatrunnada, Amirah Ridaningjati, Pamungkas Tobing, Daniel Giovanni Pandapotan L.