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Journal : Ensiklopedia Social Review

PEMISAHAN KEKAYAAN PERSEROAN TERBATAS DARI KEKAYAAN PEMEGANG SAHAM, DEWAN KOMISARIS DAN DEWAN DIREKSI Hasnati, Hasnati; Dewi, Sandra; Utama, Andrew Shandy
Ensiklopedia Sosial Review Vol 1, No 1 (2019): Volume 1 No 1 Februari 2019
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/esr.v1i1.220

Abstract

In order for legal entities to interact in legal relationships such as making agreements, conducting certain business activities requires capital. The initial capital of the legal entity came from the founder's wealth which was separated. The initial capital becomes the wealth of the legal entity, regardless of the founder's wealth. This article looks at how the separation of limited company wealth from the wealth of shareholders, board of commissioners and board of directors. The research methodology used is the normative juridical research method. Company Organs are the General Meeting of Shareholders, Directors and Board of Commissioners (Article 1 number 2 of the Company Law). The Board of Directors is the Company's Organ which has the authority and is fully responsible for the management of the Company for the interests of the Company, in accordance with the aims and objectives of the Company and represents the Company, both inside and outside the court in accordance with the provisions of the articles of association (Article 1 number 5 of the Company Law). Whereas the Commissioners are the Company's Organs whose duty is to supervise general and / or specifically in accordance with the articles of association and provide advice to the Directors (Article 1 number 6 of Company Law). In PT, the shareholders delegate their authority to the directors to run and develop the company in accordance with the objectives and business fields of the company. In connection with this task, directors are authorized to represent the Company, enter into agreements and contracts, and so on. If there is a very large loss (above 50%) then the board of directors must report it to the shareholders and third parties, and then close it together. Keywords: Separation of Wealth, Limited Liability Company, Shareholders' Wealth.
MENGENAL FIDUCIARY DUTY DAN BUSINESS JUDGMENT RULE DIREKSI DAN KOMISARIS Dewi, Sandra; Hasnati, Hasnati
Ensiklopedia Sosial Review Vol 1, No 2 (2019): Volume 1 No 2 Juni 2019
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/esr.v1i2.226

Abstract

To find out the Fiduciary Duty and Business Judgment Rule for Directors and commissioners, it must be considered the basic provisions governing the duties of management, obligations and especially the responsibilities of the directors of limited liability companies in the Company Law. Regarding the management of the company regulated in the Company Law with fiduciary duty and business judgment rule, it can be said that the basic provisions governing fiduciary duty and the business judgment rule in the Company Law can be found in general rules or provisions in Article 97 of Company Law. . These general provisions then spread in various other articles in the Company Law. Keywords: Fiduciary Duty, Business Judgment Rule, Directors and Commissioner
PEMISAHAN KEKAYAAN PERSEROAN TERBATAS DARI KEKAYAAN PEMEGANG SAHAM, DEWAN KOMISARIS DAN DEWAN DIREKSI Hasnati Hasnati; Sandra Dewi; Andrew Shandy Utama
Ensiklopedia Social Review Vol 1, No 1 (2019): Volume 1 No 1 Februari 2019
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/esr.v1i1.220

Abstract

In order for legal entities to interact in legal relationships such as making agreements, conducting certain business activities requires capital. The initial capital of the legal entity came from the founder's wealth which was separated. The initial capital becomes the wealth of the legal entity, regardless of the founder's wealth. This article looks at how the separation of limited company wealth from the wealth of shareholders, board of commissioners and board of directors. The research methodology used is the normative juridical research method. Company Organs are the General Meeting of Shareholders, Directors and Board of Commissioners (Article 1 number 2 of the Company Law). The Board of Directors is the Company's Organ which has the authority and is fully responsible for the management of the Company for the interests of the Company, in accordance with the aims and objectives of the Company and represents the Company, both inside and outside the court in accordance with the provisions of the articles of association (Article 1 number 5 of the Company Law). Whereas the Commissioners are the Company's Organs whose duty is to supervise general and / or specifically in accordance with the articles of association and provide advice to the Directors (Article 1 number 6 of Company Law). In PT, the shareholders delegate their authority to the directors to run and develop the company in accordance with the objectives and business fields of the company. In connection with this task, directors are authorized to represent the Company, enter into agreements and contracts, and so on. If there is a very large loss (above 50%) then the board of directors must report it to the shareholders and third parties, and then close it together. Keywords: Separation of Wealth, Limited Liability Company, Shareholders' Wealth.
MENGENAL FIDUCIARY DUTY DAN BUSINESS JUDGMENT RULE DIREKSI DAN KOMISARIS Sandra Dewi; Hasnati Hasnati
Ensiklopedia Social Review Vol 1, No 2 (2019): Volume 1 No 2 Juni 2019
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/esr.v1i2.226

Abstract

To find out the Fiduciary Duty and Business Judgment Rule for Directors and commissioners, it must be considered the basic provisions governing the duties of management, obligations and especially the responsibilities of the directors of limited liability companies in the Company Law. Regarding the management of the company regulated in the Company Law with fiduciary duty and business judgment rule, it can be said that the basic provisions governing fiduciary duty and the business judgment rule in the Company Law can be found in general rules or provisions in Article 97 of Company Law. . These general provisions then spread in various other articles in the Company Law. Keywords: Fiduciary Duty, Business Judgment Rule, Directors and Commissioner
IMPLEMENTASI CSR PT ASIA FORESTAMA RAYA TERHADAP PEMBERDAYAAN PEREKONOMIAN MASYARAKAT PADA MASA PANDEMI COVID-19 Hasnati Hasnati; Sandra Dewi; Andrew Shandy Utama
Ensiklopedia Social Review Vol 3, No 1 (2021): Volume 3 No 1 Februari 2021
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/esr.v3i1.682

Abstract

PT Asia Forestama Raya is a forest product processing factory for the wood industry's raw materials. Based on Article 74 Paragraph (1) of Law Number 40 of 2007 concerning Limited Liability Companies, it is stipulated that companies that carry out their business activities in the natural resources sector and / or fields related to natural resources are required to implement CSR. In Article 10 of Riau Provincial Regulation Number 6 of 2012 concerning Corporate Social Responsibility in Riau Province, it is stated that CSR programs can take the form of community economic empowerment. This research aims to explain the implementation of PT Asia Forestama Raya's CSR on community economic empowerment during the Covid-19 pandemic. The method used in this research is socio-legal research. During the Covid-19 pandemic, the public really expected a real contribution from PT Asia Forestama Raya. PT Asia Forestama Raya's obstacle in implementing community economic empowerment in Limbungan Village is that the financial condition of PT Asia Forestama Raya is currently in an unstable state. Efforts that can be made by the people of Limbungan Village if PT Asia Forestama Raya doesn’t carry out a CSR program are to convey their aspirations to Commission IV of DPRD Pekanbaru City. Based on Article 32 of Riau Provincial Regulation Number 6 of 2012 concerning Corporate Social Responsibility in Riau Province, it is stated that if PT Asia Forestama Raya doesn’t carry out CSR towards empowering the community's economy, the company can be subject to administrative sanctions by the Pekanbaru City Government.