1,720,960 research outputs found
Establishment and Development of Village-Owned Enterprises (Bumdes) Business Based on Sharia Principles and Quality Development
No full textIn the context of efforts to improve the economy of rural communities, the government has set up a village-owned business entity through Government Regulation of the Republic of Indonesia Number 11 of 2021 concerning Village-Owned Enterprises. Village-Owned Enterprises (BUMDes) are legal entities established by villages and/or villages to manage businesses, utilize assets, develop investment and productivity, provide services, and/or provide other types of businesses for the most significant welfare Villagers. BUMDes business is an activity in the economic sector and/or public services managed independently by BUMDes and can form a BUMDes Business Unit. BUMDes is a business entity owned by the Village BUM that carries out economic activities and/or public services as a legal entity that carries out the functions and objectives of BUMDes. In the context of developing a BUMDes business based on sharia principles and quality development, on July 16 to 17, 2022, counseling was given on establishing and developing a BUMDes business based on Sharia principles and Quality Development in Pasir Jambu village, Ciwidey Bandung, West Java
Juridical Review of Credit Collateral within Financial Engineering in Indonesia: An Introduction
Get PDFLending is the main business activity in the banking business. However, it should be noted that in addition to promising benefits as the main source of bank income, lending also has a high risk side for banks, namely the risk of failure to return, resulting in losses for the lending bank. To reduce this risk, before extending credit, banks must make a careful assessment of the character, ability, collateral and business prospects of the debtor. Credit collateral has an important role in lending. Creditors collateral is an additional guarantee submitted by a Debtor Customer to a bank in the framework of providing credit or financing facilities based on Sharia Principles. This paper aims to provide an overview of the juridical overview of credit collateral in financial engineering in Indonesia. The research result shows that guarantee is not an absolute requirement. Therefore, it is possible for banks to provide unsecured credit. Guarantee is only one of the conditions that must be met by the customer in addition to other conditions. However, in operational practice, in lending, banks need to require collateral in the form of assets belonging to the debtor. This is based on the premise that lending is a risky banking activity, so in its implementation, banks must pay attention to sound credit principles. Keywords: credit collateral, financial engineering, Indonesian banking system DOI: 10.7176/JLPG/121-01 Publication date:June 30th 202
Unveiling the Legal Veil of Conglomerate-Owned Companies
Get PDFObjective: This research seeks to comprehensively analyze the legal dimensions associated with conglomerates' management and oversight of their subsidiary companies. The study emphasizes the significance of adhering to established legal principles and frameworks in this context.
Theoretical Framework: The term "conglomerate," as defined by the Big Indonesian Dictionary (KBBI), pertains to a prominent entrepreneur who possesses multiple companies or subsidiaries operating across diverse business sectors. These entities, while legally distinct, are consolidated into an integrated economic entity under the conglomerate's control. Conglomerates leverage their assets and existing companies to invest in other businesses through means such as establishing new entities, acquisitions, mergers, or spin-offs. This consolidation aims to achieve dividends, gain product/service control, and expand market share.
Method: This study employs a normative legal research methodology to investigate conglomerates' legal aspects. The research approach involves scrutinizing legal rules, principles, and doctrines. It adopts a statutory approach by analyzing relevant legislation and regulations pertaining to conglomerates. Additionally, a conceptual approach is utilized to explore evolving perspectives within legal sciences. The research draws on primary, secondary, and tertiary legal sources, including legislation, official records, literature, expert opinions, and legal publications.
Results and Conclusion: Conglomerates oversee distinct companies that form an integrated group, maintaining independent legal status. Professional management is upheld through separate Boards of Directors and Commissioners. Legal clarity and adherence to corporate law are emphasized to prevent liability. Amendments or new laws are needed in Indonesian Corporate Law to address conglomerate liability gaps.
Originality/Value: This research contributes to the field by offering a comprehensive exploration of the legal intricacies associated with conglomerates and their subsidiary entities. It highlights the importance of adhering to legal frameworks and principles, providing insights into potential legal reforms necessary for effective conglomerate management and control
Legal Aspects of Giving Subsidies from Government to the People Due to Oil Fuel Increase: A Case Study in Indonesia
No full textIndonesia has made several increases in the price of fuel oil (BBM), most recently with the decision of the Ministry of Energy and Mineral Resources (ESDM) No. 218 K /MG .01/MEM.M/2022 September 3, 2022, set the price of fuel. The announcement of the increase was not made by PT Pertamina (Persero) (Pertamina), a legal entity that manages oil and gas, so the formal juridical announcement made by the Ministry of Energy and Mineral Resources is not in line with the principle of the authority of the board of directors to manage the company and also the principle of independence of a limited liability company as a legal separatist entity because the Ministry of Energy and Mineral Resources has interfered in the management of Pertamina. Furthermore, the Government provides subsidies to people affected by the increase in the price of fuel oil (BBM). This is also not in line with the legal principles of limited liability companies mentioned above because the subsidy should have been given to Pertamina, who was "forced" to lower oil and gas prices which resulted in the company losing money. The subsidy is given to Pertamina in the amount of the difference between the basic price and the price determined by the government. Therefore, it is appropriate to raise a legal problem: What is the legal aspect of providing subsidies from the government to the people due to the increase in fuel oil? This research uses normative legal research, so what is produced from this research is what provisions should be
STATE DAMAGES IN CRIMINAL ACTS OF CORRUPTION MEMBERS OF THE BOARD OF DIRECTORS OF BANKS WITH PERSERO STATUS/OWNED BY THE REGIONS AND ITS SUBSIDIARIES IN THE PROVISION OF CREDIT/FINANCING
Get PDFIn Law Number 31 of 1999 as amended by Law 20 of 2001 concerning the Eradication of Criminal Acts of Corruption, it provides a normative direction that one of the essential things that must be proven in a criminal act of corruption is the existence of "state losses". For members of the Board of Directors of State-Owned Enterprises with Persero status, in managing the company, especially in providing credit or financing, they will be very afraid of their actions which can be made suspects in criminal acts of corruption. The legal relationship between the state as a legal subject and a limited liability company with the status of a limited liability company is the ownership of a majority share or controlling share by the State in a limited liability company with a limited liability status. Such legal relations have been regulated in various applicable laws and regulations which have and are based on theoretical and philosophical foundations such as corporate legal doctrines such as the legal doctrine of the principle of the corporate veil, the legal doctrine of fiduciary duty and the Business Judment role. Therefore, legal problems arise, namely how is the relationship between State law and State Companies?; and whether in the provision of credit or non-performing bank financing can affect the value of state participation in state-owned banks in said state/regional-owned banks?. The legal research used in discussing the problem in question is using normative legal research, so that the results obtained in this legal research are what they should be
Going Beyond Counting First Authors in Author Co-citation Analysis
Get PDFThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
State’s Loses in The Corruption Crimes of Members of The Board of Directors of State-Owned (Persero) or Regional Government-Owned Banks and Their Subsidiaries in The Provision of Credit/ Financing
Get PDFLaw No. 31 of 1999 as amended by Law No. 20 of 2001 on Eradication of Corruption Crimes provides normative direction that one of the essential things that must be proven in corruption crime is the existence of “State’s losses”. Members of the Board of Directors of State-Owned Enterprise in the form of bank, in managing of the company, especially in the provision of credit or financing, are very afraid of being accused of corruption crimes. The legal relationship between the State as a legal subject with the companies having status as State-Owned Enterprises (the Persero) is the existence of majority share ownership or controlling shares by the State in limited liability companies with Persero status. Such a legal relationship has been regulated in various applicable laws and regulations that have and are sourced from theoretical and philosophical foundations such as corporate legal doctrines for example the legal doctrine of piercing the corporate veil, the doctrine of fiduciary duty law, and the Business Judgment role. Some legal problems arise, namely how is the legal relationship of the State with State Enterprises? And can the non-performing credit or non-performing bank financing affect the value of the State’s participation in State-owned Bank /Region-Owned Bank? The legal research used in addressing the issues in question is normative legal research, and therefore the results obtained in this legal research are what they should be
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