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Tarumanagara Law Review
Published by Universitas Tarumanagara
ISSN : 26847744     EISSN : 26847752     DOI : https://doi.org/10.24912/talrev
Core Subject :
Tarumanagara Law Review (TaLrev) is a peer-reviewed academic journal published by the Faculty of Law, Universitas Tarumanagara, Indonesia. The journal provides a platform for academics, researchers, legal practitioners, and students to publish original research articles and review articles addressing contemporary legal issues. Its focus and scope include Constitutional Law, Administrative Law, Civil Law, Criminal Law, Business and Commercial Law, International Law, Environmental Law, Labour Law, Intellectual Property Law, Tax Law, Customary Law, Legal Theory and Philosophy, Comparative Law, Law and Society, and other contemporary issues in law.
Arjuna Subject : -
Articles 57 Documents
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Legal Analysis of Sole Proprietorship in Indonesia and Germany: A Comparison Natania Kayla Tanujaya
Tarumanagara Law Review Vol. 6 No. II (2024): Talrev-Untar
Publisher : Faculty of Law Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/talrev.v6iII.39025

Abstract

This research compares Indonesia’s Perseroan Perorangan and Germany’s Unternehmergesellschaft (UG) as simplified limited liability companies. Using a normative legal method with a comparative approach, the study examines their establishment, capital requirements, management, limited liability, and creditor protection. The findings show that both systems facilitate individual entrepreneurship through simplified corporate structures. However, Indonesia’s Perseroan Perorangan is specifically intended for qualifying micro and small enterprises and provides simplified electronic registration, while Germany’s UG operates as a special form of the GmbH and may be established with capital as low as €1. Germany also requires full payment of capital and allocation of 25% of annual surplus to a statutory reserve, whereas Indonesia has no equivalent mandatory reserve requirement. These differences demonstrate distinct approaches to balancing entrepreneurial accessibility, corporate accountability, and creditor protection.
Checks and Balances in Corporate Governance: Directors’ and Commissioners’ Authority under Indonesian Law Vincent; Lewiandy
Tarumanagara Law Review Vol. 6 No. II (2024): Talrev-Untar
Publisher : Faculty of Law Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/talrev.v6iII.39026

Abstract

A limited liability company operates through three interrelated organs: the General Meeting of Shareholders, the Board of Directors, and the Board of Commissioners, each with distinct functions. This study examines whether the broad managerial and representative authority of the Board of Directors creates a risk of power domination and whether the legal framework provides effective checks and balances. Using a normative juridical method with statutory and conceptual approaches, the study analyzes Law Number 40 of 2007 concerning Limited Liability Companies, fiduciary duty, the business judgment rule, and good corporate governance principles. The study finds that although directors possess broad authority, legal safeguards include transaction approval requirements, directors’ personal liability, minority shareholders’ derivative actions, and the Commissioners’ power to temporarily suspend directors. The business judgment rule further recognizes the uncertainty inherent in business decisions. Ultimately, these mechanisms are normatively adequate, but their effectiveness depends on the independence of the Board of Commissioners and the active use of available legal remedies.
Legal Protection of Policyholders in the Jiwasraya Restructuring: Decision Number 111/G/2021/PTUN.JKT Caleb Siahaan
Tarumanagara Law Review Vol. 6 No. II (2024): Talrev-Untar
Publisher : Faculty of Law Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/talrev.v6iII.39070

Abstract

Insurance plays a vital role in society as a system that bears risks that may occur unexpectedly. This essential function is supported by the strong trust that customers place in insurance companies. Consequently, the problems currently faced by PT Asuransi Jiwasraya (Persero) will significantly affect public perception of insurance providers. Another undeniable consequence of this situation is the erosion of public trust in state-owned enterprises (SOEs). This article explores two main questions: whether the policy restructuring decision is consistent with the principles of insurance, and whether the policy restructuring decision constitutes a state administrative decision. The study employs normative legal research, which views law as a system of norms, using statutory and case approaches. The findings indicate that the restructuring process undertaken by Jiwasraya meets the criteria established by the principles of insurance; thus, the actions of Jiwasraya are in line with the fundamental elements of insurance. Furthermore, after reviewing the plaintiff's arguments and the legal considerations of the panel of judges of the Jakarta State Administrative Court, it is evident that the plaintiff's course of action was inappropriate, as the dispute did not fulfil the requirements of a state administrative case. Consequently, the lawsuit was rejected by the Jakarta State Administrative Court. This article contributes to the discussion on the legal protection of policyholders in the restructuring of state-owned insurance companies.
The Validity of Renvoi in a Sale and Purchase Deed Executed by an Official Other Than the Deed's Drafter Fernando Sini Suka; Stanislaus Atalim
Tarumanagara Law Review Vol. 2 No. II (2020): Talrev-Untar
Publisher : Faculty of Law Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/talrev.v2iII.39071

Abstract

In the Law that regulates PPAT there are no rules governing Renvoi on the Deed. Indonesian people who have various social backgrounds, not a few who do not understand the procedures and mechanisms of Renvoi on the deed, people think that if there is a writing error, it is enough to just replace it without involving the PPAT who made the Deed. What was difficult was when after the Deed was signed, a writing error was found in the Deed. The subject matter which is the starting point of the research as outlined in this research, is arranged based on the background of the problem, which includes the following: What is the validity of the renvoi on the sale and purchase deed carried out by an official who is not the author of the act and the legal basis for the renvoi? What is the legal effect of the Court Decision on the Certificate made by the Provisional PPAT in the Lumajang District Court Decision Number: 17 / PDT.P / 2016 / PN.LMJ? The form of research conducted by the author is normative juridical.
Inheritance Rights of Children in Buddhist Marriages According to Law Number 1 of 1974 Concerning Marriage (Case Study of Pontianak District Court Decision Number 202/Pdt.P/2015/PN.PTK) Indri Lestari; Jeane Neltje Sally
Tarumanagara Law Review Vol. 2 No. II (2020): Talrev-Untar
Publisher : Faculty of Law Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/talrev.v2iII.39072

Abstract

Article 43 of Law number 1 of 1974 says "children born out of wedlock only have civil relations with their mother and mother's family" but differ from the constitutional court through its ruling number 46 / PUU-VII / 2010 which has made progressive decisions that children born outside marriage has a civil relationship with his mother and his mother's family and with a man as his father which can be proven based on science and technology and/or other evidence according to the law have blood relations, including civil relations with his father's family. The problem is the authority of a Notary Public in making a deed of statement and inheritance certificate for out-of-wedlock children based on the determination of the pontianak district court number 202/ pdt.p /2015/pn.ptk. The results of this study are the determination of this District Court as a Notary Basis for making a Testamentary Testament, Deed of Statement, Certificate of Inheritance Rights, Notary Public Has the Authority to Make Deed of Statement and Inheritance Certificate if the Parties / Heirs submit Original and Legalized Photocopy by The District Court in the Decree of the District Court granted the Petitioner the True Marriage between Mr. SIAU SUI LUK and Mrs. THEN KUI TJU, and stated legally that the Heirs Jesi Angelica, Andre, and Pindy Yolanda were right and the legitimate children of Mr. SIAU SUI LUK and Mrs. THEN KUI TJU, accompanied by other supporting documents, as stipulated in Articles 280 - 281 of the Criminal Code.
The Role of the District Court via Its Court Order in the Convening of the General Meeting of Shareholders of a Limited Liability Company Existing in a Status Quo State (Case Study: Bale Bandung District Court Order Number 72/Pdt.P/2009/PN.BB) Christian Haryadi
Tarumanagara Law Review Vol. 2 No. II (2020): Talrev-Untar
Publisher : Faculty of Law Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/talrev.v2iII.39073

Abstract

Limited Liability Companies as legal entities that are recognized as legal subjects have rights and obligations in legal traffic. As a legal subject, a Limited Liability Company is represented by the Board of Directors as an organ of a Limited Liability Company or if the Directors are unable to remain, represented by the Board of Commissioners. Limited Liability Company is in the status quo if the Directors and Board of Commissioners have ended their term of office, and there is a balanced share ownership in a Limited Liability Company, each of which has 50% (fifty) percent of shares, and if there is no consensus then the General Meeting of Shareholders in appointing The new Directors and Board of Commissioners cannot make legal decisions. The research as outlined in this thesis, is to answer how the role of the District Court in giving permission to shareholders representing 1/10 (one tenth) of all shares with voting rights, and determining the terms of the General Meeting of Shareholders requirements so that the General Meeting of Shareholders can take legal decisions and how the formulations in the Company's articles of association are limited in dealing with this balanced share ownership. In responding to this problem, conducted using normative research methods, namely research on balanced share ownership where the Board of Directors and the Board of Commissioners have ended their term of office, the results of research that the District Court can determine the legal decision-making conditions at the General Meeting of Shareholders and the Articles of Association can made with the classification of series A shares as ordinary shares and shares with series B as shares without voting rights.
Legal Status of the Transfer of Rights to Land Formerly Held Under Hak Guna Bangunan (Right to Build) Derived from the Conversion of Expired Western Rights Pursuant to Presidential Decree Number 32 of 1979 Ardianto Reza Pamungkas; Ariawan Gunadi
Tarumanagara Law Review Vol. 2 No. II (2020): Talrev-Untar
Publisher : Faculty of Law Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/talrev.v6iII.39074

Abstract

Theobjctive of this research is to determine THE TRANSFER OF RIGHT LEGAL STATUS ON LAND WITH EXPIRED BUILDING RIGHTS FROM THE CONVERSION OF ENDED WESTERN RIGTHS BASED ON THE PRESIDENTIAL DECREE NUMBER 32 OF 1979. The background of this reserach was the unclear legal status on land with expired building rights in 1980, wherein in the provision of Presidential Decree Number 32 of 1979 it is stated that the land becomes state-owned land before it can be requested by parties based on the rules and regulations stated in the aforemntioned Presidential Decree. This research took a sample case on a plot of land located in the Pekojan area, West Jakarta, where a plot of land had been transferred by a group of people who occupied and used the land to another party with a deed of sale and purchase of buildings and a transfer of rights. When the land buyer party wished to request for the land rights to the West Jakarta Land Office, another party blocked the process because they posed a certificate of building rights on that plot of land, this in turn led to problems. What is the legal status of land from the conversion of western rights over expired building rights and have been transferred based on a deed of sale and purchase reviewed from Presidential Decree Number 32 of 1979? Also, what is the mechanism for requesting for land rights to land with expired building rights by the West Jakarta Land Office? To answer these questions, the researcher used normative legal research method.

Page 6 of 6 | Total Record : 57

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