Commercial Law Commons^™

Makna Hukum Atas “Kelalaian” Notaris/Ppat Dalam Pembuatan Akta Ppjb Dan Ajb (Studi Putusan Pengadilan Negeri Bantul Nomor 5/Pdt.G/2023/Pn Btl), Graceilla Ribka Berliana Tuelah, Yuli Indrawati, Sri Widyawati

Indonesian Notary

Notaries and Land Deed Officials are obligated to follow established principles in their official duties, guided by written regulations such as the Notary Job Law, Notary Code of Ethics, Government Regulation Number 24 of 2016, and Ministerial Regulation Number 2 of 2018. Notaries are often accused of negligence, interpreted as unintentional, but not all cases involve unintentional actions; intentional elements can lead to wrongful acts. The lack of differentiation in legal sanctions between unintentionality and intentionality is due to the Civil Code. To address this issue, a doctrinal research method was employed, focusing on positive legal norms from secondary sources. …

Urgensi Keberadaan Pejabat Pembuat Akta Tanah Sementara Di Kabupaten Tangerang Ditinjau Dari Kompetensi Yang Dimiliki, Gabriel Amagadela, R. Ismala Dewi, Fx. Arsin Lukman

Indonesian Notary

Temporary PPAT is an automatically appointed position of a Sub-District Head to carry out the duties of a PPAT in making deeds in the area of his Government position if there are not enough PPATs in the area. The difference in competence with a Notarial PPAT makes the quality of Temporary PPAT questionable. The fulfillment of the formation of a PPAT in an area is also not a consideration in the appointment of a Temporary PPAT, as is the case in Tangerang Regency. This is the subject matter of this research, namely the comparison of the competencies possessed by Temporary …

Kedudukan Kuasa Direksi Dan Dewan Komisaris Dalam Menghadiri Rups Luar Biasa Dengan Agenda Pemberhentian Direksi Dan Dewan Komisaris (Analisis Putusan Mahkamah Agung Republik Indonesia Nomor 1787 K/Pdt/2021), Ghia Riezna, Sri Laksmi Anindita, Tjhong Sendrawan

Indonesian Notary

The Board of Directors and Commissioners in applying the principle of fiduciary duty should have good faith, be careful and full of responsibility in carrying out their obligations. In the dismissal of the Board of Directors and the Board of Commissioners as organs of PT that have a sense of responsibility, the nature of self-defense for their dismissal should be carried out personally without being authorized. This research aims to analyze the position of the power of attorney of the Board of Directors and Commissioners in attending the GMS with the agenda of dismissal of the Board of Directors and …

Keabsahan Perjanjian Novasi Subjektif Pasif Dalam Peralihan Kredit Pemilikan Rumah Di Bawah Tangan (Studi Putusan Nomor 17/Pdt.G/2020/Pn. Bks), Friska Elisabeth, Muhammad Sofyan Pulungan, Enny Koeswarni

Indonesian Notary

The transfer of rights to land and house buildings must be proven clearly and in writing, which in principle must be carried out clearly and in cash. Likewise, with the transfer of home ownership credit from the old debtor to the new debtor, this transfer needs to be carried out with the approval of the credit and involve an authorized official to make a proof of the transaction or transfer of ownership of land and buildings, regarding Verdict Number 17/Pdt.G/2020/PN.Bks. In this case Notary and/or PPAT (Land Deed Official) as an authorized official to make deeds related to land. This …

Kedudukan Hukum Keberadaan Sertipikat Dalam Penyimpanan Notaris Terkait Pembuatan Akta Pengikatan Jual Beli (Studi Putusan Mahkamah Agung Republik Indonesia Nomor 630/K/Pdt/2023), Ferisa Nurfauziyah, Lidwina Inge Nurtjahyo, Chairunnisa Said Selenggang

Indonesian Notary

In the sale and purchase process related to land that has not fulfilled the sale and purchase requirements, a deed of sale and purchase binding will be carried out first. The agreement is carried out so that when the sale and purchase requirements have been met, a sale and purchase agreement can be carried out before an authorized official. In the case of important documents related to the sale and purchase process, they must be kept by a notary until the party entitled to the document knows, one of these important documents is the land title certificate. In the case …

Akibat Hukum Akta Pernyataan Keputusan Rapat Dari Rapat Umum Pemegang Saham Luar Biasa Yang Diselenggarakan Oleh Dewan Komisaris Yang Telah Berakhir Masa Jabatannya (Studi Putusan Nomor 2630 K/Pdt/2022), Fauzan Rahmat Ananda, Arman Nefi

Indonesian Notary

This article analyzes the validity of the Extraordinary General Meeting of Shareholders (EGMS) held by the Company's Board of Commissioners (BoC) whose term of office has expired, as well as legal consequences of Deed Statement of Meeting Decisions (PKR) made based on the EGMS. The problem is, the Notary that make PKR Deed based on EGMS did not check the Company's Articles of Association (CAA) first before make it, considering that the term of office BoC PT KSE which held the EGMS had ended. This article was using doctrinal research methods. The results show the EGMS held by BoC PT …

Keberlakuan Eigendom Verponding Pada Tanah Negara Yang Penguasaan Fisiknya Dikuasai Oleh Penggarap (Studi Putusan Peninjauan Kembali Nomor 109 Pk/Pdt/2022), Farah Diba Maharani, Teddy Anggoro

Indonesian Notary

The implementation of Eigendom Verponding in Indonesia is still the cause of many land disputes related to conversion activities based on rights based on eigendom. In this doctrinal research, secondary data is used which comes from laws and regulations relating to land. This research analyzes the legal status of land ownership on the basis of Eigendom Verponding which has not been converted and has become land under state control and is physically controlled by the cultivator and examines the judge's decision in decision number 109 PK/Pdt/2022 regarding the evidence in the civil case. Based on the research results, it was …

Pemberian Hak Pakai Pada Tanah Girik Berdasarkan Perspektif Undang-Undang Nomor 5 Tahun 1960 Tentang Peraturan Dasar Pokok-Pokok Agraria (Studi Putusan Pn Jakarta Barat No 386/Pdt.G/2019/Pn.Jkt.Brt), Fauzan Aziman Alhamidy, Yuli Indrawati

Indonesian Notary

A land title certificate is a strong proof of land ownership. After the enactment of Law Number 5 of 1960 concerning Basic Agrarian Principles Regulations, proof of land ownership in Indonesia must be registered in order to obtain a certificate. Girik is only proof of payment of tax on land, not proof of ownership of land rights. To become proof of ownership of the Girik land, it must first be upgraded to a land title certificate. Girik that is not upgraded has the potential for ownership disputes, as happened in the case in the West Jakarta District Court Decision Number …

Analisis Faktor-Faktor Penyebab Sengketa Hukum Rumah Negara, Faiza Khalifa, Hendriani Parwitasari, Aristo Pangaribuan

Indonesian Notary

State House disputes, especially over control of State Houses, occur due to several factors. These factors arise because of various reasons and causes. This article was prepared using doctrinal research methods. A State House is a facility that can be utilized by State Officials or Civil Servants to support housing needs in carrying out state duties. State Houses are divided into Class I, Class II and Class III State Houses, the use of which differs from one to another. The use of State Houses will be adjusted to the provisions of each status/class. Legal disputes regarding State Houses related to …

Kewajiban Notaris Atas Rahasia Jabatan Berkaitan Dengan Laporan Perpajakan (Analisis Kasus Notaris X Di Buleleng, Bali), Eveline Wijaya, Siti Hajati Hoesin, Pieter Everhardus Latumeten

Indonesian Notary

Notaries are obliged to maintain the deeds they make because of the existence of official secrets. Notaries are also one of the taxpayers who must fulfill all their obligations in terms of taxation, namely in paying and reporting their taxes in the form of an Annual Tax Return. This study analyzes the obligations of notaries in relation to the secret of office in connection with tax reporting to the tax service office in 2013-2016. This research uses doctrinal research methods in terms of descriptive analysis. The results of the study that the Notary is obliged to maintain the secrets of …

Kesesuaian Ketentuan Pemilik Manfaat Dengan Undang- Undang Yayasan, Elizabeth Michelle Fong, Ashoya Ratam, Rouli Anita Velentina

Indonesian Notary

There is a discrepancy in Foundation Law Number 28 of 2004 and Presidential Regulation No.13/2018 concerning the Application of the Principle of Benefits from Corporations in the Context of Preventing and Eradicating Crimes of Money Laundering and Terrorism Financing Crimes. Looking at the provisions in the Foundation Law which states that Foundation Organs may not receive profits, temporarily Beneficial Owner itself aims to identify the Beneficial Owner of the Foundation, this is of course contradictory because Foundation Organs are not allowed to receive any benefits. The research method used is doctrinal research with a prescriptive research typology, which is research …

Oil And A Slippery Path To Conflict: Conocophillips, Guyana, And The Hostile Elephant In The Room, Vivian M. Williams

Publications and Research

The increasing involvement of States and their surrogates in cross-border commercial activities has heralded an urgent need for codification of the well-established public international law rule of sovereign immunity. The problem is particularly thorny in international arbitration when corporate entities seek to enlist the courts of one State to seize the property of another state to enforce an arbitral award. The complex nature of sovereign immunity in a globalized economy and the challenge it poses for courts in the Caribbean, was highlighted in enforcement proceeding brought by oil giant, ConocoPhillips against Venezuela’s State corporations. This article therefore discusses (a) the …

International Investment Law And The Rule Of Law: The Case Of China, Ming Du

Washington International Law Journal

This article purports to discuss the impact of international investment law on domestic governance and the rule of law of a nation state. Using China as a case study, this article argues that the role of international investment law in advancing domestic rule of law has long been overstated. The prevailing narrative is premised on some deeply flawed assumptions of the nature and function of international investment law as well as how international investment law may affect domestic legal change. These assumptions include, inter alia: (1) international investment norms possess the rule of law ideals; (2) improving good governance and …

The Small Business Prepack: How Subchapter V Paves The Way For Bankruptcy’S Fastest Cases, Christopher D. Hampson, Jeffrey A. Katz

UF Law Faculty Publications

America has long styled itself as a place where entrepreneurs can dream big and—if things go well—make it big too. But when small businesses fail, does the American bankruptcy system provide a real opportunity to preserve value and try again? For decades, bankruptcy professionals, judges, and lawmakers have tried various approaches to small business bankruptcies, none of which seemed to work particularly well. But in 2019, Congress passed the Small Business Reorganization Act (the “SBRA”), one of the most significant amendments to the Bankruptcy Code in a generation. As practitioners, scholars, and judges work out the contours of the rules, …

Negotiating A Brave New World: Fraud And Risk In Modern Commercial Law, Andrew B.L. Phang

Research Collection Yong Pung How School Of Law

We live in a brave new world. Much of what was once the stuff of fiction has now become reality. In particular, we have witnessed technological advances the like of which we would not even have begun to contemplate even at the turn of the second millennium. No one has been exempt – not even this mid-sexagenarian. Now, almost a quarter of a century on, we have to take stock of the double-edged sword that is technology. Indeed, technology has – unfortunately – facilitated fraud in a manner and on a scale that we have never witnessed before. With technology …

Mareva Injunction And Crypto Fraud, Man Yip

Research Collection Yong Pung How School Of Law

Without a Mareva injunction, there is always a risk that any victory on the substantive merits would be rendered hollow in practice by the absence of assets against which the judgment may be enforced. Indeed, it is in cases concerning fraud that the risk of a nugatory judgment is most amplified because the defendant would have the propensity to engage in dishonest practices. Alarmingly, nearly 30 years aft er Mercedez Benz, the ‘black hole’ has enlarged because fraudsters can easily hide behind complex corporate structures and the anonymity of cyberspace. 2 Th is chapter focuses on the use of Mareva …

Pertanggungjawaban Jaminan Perorangan (Personal Guarantee) Dalam Kepailitan: Studi Kasus Putusan Nomor 6/Pdt.Sus-Pailit/2020/Pn.Niaga.Jkt.Pst., Yasmin Ghaisani Sya'bina, Togi Marolop Pangaribuan

Lex Patrimonium

Agreement as a personal guarantee places oneself in a quite risky position. As regulated in Article 1820 of the Civil Code, a personal guarantee is obligated to pay off the debts of a debtor who fails to pay their debts. However, in carrying out the agreement, a personal guarantee is given a privilege based on Article 1831 of the Civil Code in the form of the right to demand execution of the principal’s beforehand. Furthermore, Article 1832 paragraph (1) of the Civil Code which regulates the relinquishment of personal guarantee’s privilege indicated the possibility of personal guarantee being …

Law School News: Rwu Alumni Honored In Pbn's 2024 40 Under Forty Awards 7-16-2024, Triniti Brown, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Sharing Of Children’S Health Data By Health Professionals And Parents – A Consideration Of Legal Duties, Dr. Carolyn Johnston

Indian Journal of Law and Technology

Children’s health data such as blood pressure, X-rays and written notes of medical examinations are produced in a clinical setting through health professionals’ interaction with their minor patients. Health care practitioners owe legal and professional obligations not to disclose such information without consent or other legally recognised authorisation. With the increasing advent of data generated by patients themselves from wearable devices such as continuous glucose monitors and health apps, the patient, or parents, have initial control of the data and decide who to share it with. Where wearable devices have been provided to parents by the child’s health care provider …

Conceptualizing An International Framework For Active Private Cyber Defence, Arindrajit Basu, Elonnai Hickok

Indian Journal of Law and Technology

Private sector cyber defence mechanisms are emerging despite existing legislation outlawing use of active defence by individuals and non-state entities. Thus, a key window exists for policy-makers in the possibility of establishing a framework for existing APCD practices that would enable optimal utilisation of private sector capabilities for securing cyber-space at an organizational and national level. This must happen in consonance with circumscribing their operations within the boundaries of the rule of law, both in terms of domestic legislation and international law. This paper seeks to unpack the complexities that underscore each of these challenges and identify avenues towards resolving …

Facing Up To The Risks Of Automated Facial-Recognition Technologies In Indian Law Enforcement, Ameen Jauhar

Indian Journal of Law and Technology

Within the larger discourse of risk mitigation of emerging technologies, the ever-expanding deployment of automated facial recognition technology (‘AFRT’) has garnered much skepticism. In India too, there has been a reported rise of states and law enforcement officials enthusiastically resorting to the use of AFRT.

The author will first delve into some of the controversial risks associated with AFRT, analysing them through the lens of Article 21 and the principle of due process under the Indian Constitution. The paper will then identify some of the regulatory solutions that are currently part of the discourse on minimising risks of AFRT and …

Bunching In Real-Estate Markets: Regulated Building Heights In New York City, Jan K. Brueckner, David Leather, Michael Zerecero

Business Faculty Articles and Research

This paper presents a real-estate application of the bunching methodology widely used in other areas of applied microeconomics. The focus is on regulated building heights in New York City, where developers can exceed a parcel’s regulated height by incurring additional costs. Using the bunching methodology, we estimate the magnitude of these extra costs, with the results showing a modest increase in the marginal cost of floor space beyond the regulated building height. We use these estimates to predict the additional floor space that would be created by complete removal of building-height regulation in NYC. While this last exercise is circumscribed …

A "Profoundly Contractarian Predisposition": Delaware Courts Decide Recent Drafting Disputes By Limiting Their Review To Four Corners Of Contracts, Robert S. Reder, Kathleen E. Sharkey

Vanderbilt Law School Faculty Publications

In the decisions discussed herein, both the Delaware Supreme Court ("Supreme Court") and the Delaware Court of Chancery ("Chancery Court") reaffirmed the Delaware judiciary's commitment to honoring contract language, whenever possible, to settle contractual disputes. Absent irreconcilable ambiguity, no coloring outside the lines will be considered. The goal generally is to reflect the intent of the parties while avoiding absurd or illogical results. Ironically, in each of these cases, better drafting could have ensured the parties were on the same page: " In Arwood v. AW Site Services, Vice Chancellor Slights, confirming Delaware's status as "'more contractarian' than most states," …

Contractual Remedies In Mergers: Lessons From Crispo V. Musk, Dhruv Aggarwal, Albert H. Choi, Geeyoung Min

Law & Economics Working Papers

The Delaware Chancery Court recently restricted a merger target's ability to recover damages on behalf of its shareholders from a breaching buyer. This paper investigates the impact of the decision. First, we present a theoretical analysis to generate empirical predictions. Second, we show that the decision led to a decrease in the firm value of targets in mergers governed by Delaware law. Third, we hand-collect relevant provisions from merger agreements and find that the agreements governed by Delaware law increasingly include target-friendly non-price terms after the decision. We also present evidence suggesting deal price responds to the inclusion of novel …

Comprehensive Analysis Of The Different Fields Of Law, Kaitlyn Lee

Honors Theses

Since American law developed in the early 1700s, lawyers have played a crucial role in society, advocating for justice and upholding the rule of law. Over the years the legal profession has evolved immensely and now offers many different fields for individuals to practice. People are often curious about the work that lawyers do and the education that is required to become an attorney. This thesis aims to satisfy the curiosity of those individuals by exploring many facets of the different areas of law. It will examine the unique and shared aspects of the various legal fields, detailing the specific …

Dol Fiduciary Rule 3.0 Strikeout, Base Knock, Or Home Run?, Antolin Reiber

DePaul Business & Commercial Law Journal

No abstract provided.

Money Is Morphing - Cryptocurrency Can Morph To Be An Environmentally And Financially Sustainable Alternative To Traditional Banking, Clovia Hamilton

DePaul Business & Commercial Law Journal

No abstract provided.

Survey Evidence In Trademark Actions, Ioana Vasiu And Lucian Vasiu

DePaul Business & Commercial Law Journal

No abstract provided.

Corporate Governance And Compelled Speech: Do State-Imposed Board Diversity Mandates Violate Free Speech?, Salar Ghahramani

DePaul Business & Commercial Law Journal

No abstract provided.

The Real Persons Are The Corporations We Made Along The Way, Leonard Brahin

DePaul Business & Commercial Law Journal

No abstract provided.