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PREMISE LAW JURNAL
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Articles 422 Documents
TINJAUAN YURIDIS TERHADAP PROSES AKUISISI LINTAS NEGARA YANG DILAKUKAN OLEH CHENNADY, EDWARD
PREMISE LAW JURNAL Vol 5 (2018): VOLUME 5 TAHUN 2018
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DOSEN PEMBIMBING:1. Bismar Nasution2. Mahmul Siregar3. T. Keizerina Devi A Acquisition is a way of expanding the company by way of corporate development involving organizations outside the company. Acquisitions are legal actions by a legal entity or an individual to acquire shares of the Company that result in the transfer of control over the Company. Due to the rapid development of economic globalization led to developments in acquisitions that led to the emergence of cross-border acquisitions. Cross-border Acquisitions are acquisitions made by parties with different nationalities. This thesis will discuss the acquisition process based on the regulation in Indonesia and the change of company status due to cross-border acquisition and prohibition of acquisition implementation.Keywords: Acquisition; Cross-border; Foreign investment.
Judul Jurnal Yamin, Muhammad
PREMISE LAW JURNAL Vol 1 (2013)
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Abstrak
ANALISIS PERBUATAN WANPRESTASI PIHAK PENYEWA DALAM PERJANJIAN SEWA-MENYEWA RUMAH (STUDI KASUS PUTUSAN MAHKAMAH AGUNG RI NO. 1507 K/PDT/2010) Fitri, Dewi
PREMISE LAW JURNAL Vol 1 (2013)
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Abstract

Leasing is a mutual agreement by each party which causes a bond to eachother. The case which is ruled by the Supreme Court of the Republic of Indonesia No. 1507 K/PDT/2010 indicates that there has been land leasingrelationship since December 20, 1959. The claim of the case occurred because the heir of the lessee stopped paying for the rent and because the  heirs of both parties did not renew the agreement; therefore, the  relationship was cancelled by law. This case is stipulated in Article 2 and Article 21, paragraph (1) of the Government Regulation No. 44/1994 on House Occupation by Non-Owner which states that house occupation by non-owner is valid when there is an agreement or permission by the owner, and housing leasing contract, written or unwritten, which does not mention the time limit and had occurred before Law No. 4/1992 was enacted, is declared dissolved within three years since the law is enacted.
TINJAUAN YURIDIS HAK KREDITOR PEMEGANG HAK TANGGUNGAN PERTAMA DALAM PELELANGAN BUDEL KEPAILITAN Saragih, Fenni Ciptani
PREMISE LAW JURNAL Vol 1 (2013)
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Abstract

Bankruptcy was a form of general confiscation covering all assets of the debtor for the benefit of creditors. Article 55 chapter (1) of Act 37, 2004 stated that the lender Mortgage holders which were not affected by the bankruptcy so that the execution would be able to exercise the rights even though the debtor was declared bankrupt. Article 56 chapter (1) of Act 37 of 2004, the execution creditor the right Mortgage holders might be suspended for a maximum period of 90 days from the date of the decision of bankruptcy so they could still carry out the execution right, even though the debtor was declared bankrupt. Legal issues that arouse in a bankruptcy auction for the Mortgage boodle the explanation of Article 59 chapter (2) wider than the norm, as the holder of Mortgage bank registered with the security bill on behalf of shareholders or a third party, auction buyers obtained a problem because there were security certificates Mortgage-holders so it isn’t canceled by HT holders.
PERLINDUNGAN HUKUM TERHADAP INVESTOR DALAM TRANSAKSI SAHAM TANPA WARKAT (SCRIPTLESS TRADING) DI PASAR MODAL HENDRY, HENDRY
PREMISE LAW JURNAL Vol 2 (2014)
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ABSTRACT Trade system without documents (scriptless trading) constitutes a new trade system applied in the Indonesia Stock Exchange. Trade without documents is done by computerization. This system not only deals with trade but also with the resolution of the trade itself. In this system, the stocks are changed to electronic data which are saved in computer. Scriptless trading or trade without documents is a trade system which has the mechanism of resolution and storage of stocks electronically. The problems which arise in the implementation of using scriptless trading in the Indonesia Stock Exchange is how about the validity of the transaction of stocks without any documents (scriptless trading) in the Indonesia Stock Exchange and how about the legal protection for investors in scriptless trading in the Indonesian Capital Market. Keywords: Legal Protection, Investors, Scriptless Trading
EFEKTIVITAS DAN PENERAPAN KUASA DALAM AKTA PENGIKATAN/ PERJANJIAN JUAL BELI ATAS OBJEK TANAH SERTA KETERKAITANNYA DENGAN AKTA KUASA JUAL Santoso, Herry
PREMISE LAW JURNAL Vol 1, No 2 (2013): Volume II Tahun 2013
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ABSTRACT Purchase contract on land rights is a legal action made by parties (in this case, a seller and a purchaser) in which the seller wants to sell his land plus the properties on it to the purchaser who makes an agreement to purchase the seller’s land and all properties on it but without definitive contract since it is not made before the PPAT (official empowered to draw up land deeds). In this case, the purchase contract made before the Notary constitutes the preliminary agreement prior to the requirements for definitive purchase contract made before the PPAT are fulfilled. What it means by requirements is that the seller’s documents on the land are not complete yet or the process of buy and sell is in installment. In this case, the process of buy and sell cannot be conducted before the PPAT, and the power of attorney from the seller to the purchaser cannot be made since the documents are not complete or it is in installment. A purchase contract is closely related to giving the power of attorney and the proxy deed by the seller to the purchaser; therefore, in the purchase contract it is usually called preliminary contract or the delay of purchase contract while waiting for the fulfillment of all requirements in the purchase contract by both parties.     Kata kunci: Purchase Contract, Land, Proxy Deed for Selling
PEMBATALAN DESAIN INDUSTRI KARENA ALASAN MEMPUNYAI PERSAMAAN PADA POKOKNYA Susiana, Dewi
PREMISE LAW JURNAL Vol 1, No 2 (2013): Volume II Tahun 2013
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Design Industry in Indonesia is regulated by law No. 31/2000. To obtain legal protection an industrial design must be registered, but an industrial design that has been registered can also be canceled. There are several factors that caused the cancellation of the industrial design were as follows: the registration of the industrial design was not substantively exaimined, the novelty in an industrial deisgn was not fulfilled, and there was no explanation of similarity in Law No. 31/2000 on Industrial Design. The results of the research showed that the term ‘similar’ can be interpreted as the element which does not have significant differences, either in its form, configuration, line composition and color, or the combination of them. Keywords: Cancellation of Industrial Design,  Similarity in Its Principle
EKSISTENSI PERJANJIAN GALA (Gadai) TANAH PERTANIAN PADA MASYARAKAT ACEH DI KECAMATAN MEURAH MULIA KABUPATEN ACEH UTARA MARSYUDDIN, MARSYUDDIN
PREMISE LAW JURNAL Vol 1, No 2 (2013): Volume II Tahun 2013
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ABSTRACT The life of community in rural areas is much different from that in urban areas. One of the differences is how to meet their financial needs. Unlike the rural community who has not known banking institution at all, when the people in the urban areas need money in a relatively big amount and are able to meet the requirements, they can send their application to the bank. Therefore, to meet the need for money in a relatively big amount whose coming could not be predicted, they used the mortgage institution available. Only with an agreement, somebody hands his productive land over to another party and in return he receives a certain sum of money in accordance with the agreement. If the land owner returns the amount of money, the land is returned to him/her. The problems to be solved in this study were the factors constituting the background for land mortgage agreement, the construction of land mortgage agreement, and how to pay and settle the land mortgage dispute in Acehnese community in Meurah Mulia Subdistrict, Aceh Utara District. Keywords: Land Mortgage Agreement, Adat, Aceh Utara.
ANALISIS TERHADAP KEPAILITAN PERSEKUTUAN KOMANDITER DAN AKIBAT HUKUMNYA BERDASARKAN UNDANG-UNDANG NOMOR 37 TAHUN 2004 TENTANG KEPAILITAN DAN PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG (STUDI KASUS PUTUSAN PENGADILAN NIAGA MEDAN NOMOR : 01/PAILIT/20 REZA, MUHAMMAD
PREMISE LAW JURNAL Vol 1, No 2 (2013): Volume II Tahun 2013
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ABSTRACT   The provision in Article 5 of UUKPKPU above is editorially in effect for the request of bankruptcy of a certain company. The regulation of  CV is under the control of firm’s problem CV is basically as specified firm, which the specified there’s in the limited partnership whose there’s no in firm . In the firm only there’s ally’s work or Firmant ,whereas in the CV,  there is a working ally and also there’s limited partnership or silent ally (sleeping partner). limited partnership is an ally only hand over the money, goods or labor as income on the partnership, while he doesn’t interfere in the management or control of the partnership. But, in practice, many business people use CV as the form of their companies. Therefore, a research on the bankruptcy of a limited partnership is needed in order to give the contribution of science to support the agreement between the foundation and principles in the law of bankruptcy, especially in the bankruptcy of a limited partnership.   Keywords: Bankruptcy, Limited Partnership, Legal Consequences
PERJANJIAN JUAL BELI BAHAN BAKAR MINYAK JENIS HIGH SPEED DIESEL ANTARA PT. PRAYASA INDOMITRA SARANA DENGAN PT. BUMA NIAGA PERKASA NUGROHO KUSUMA, RADEN DIAN
PREMISE LAW JURNAL Vol 1, No 2 (2013): Volume II Tahun 2013
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ABSTRACT In general, the oil trading agreement has met the requirements of agreement validity, but to have its legal capacity, the parties involved must have legal authority. The validity of trading agreement also depends on the agreement between the goods and its price, commencing from the delay of goods price agreement  to the fulfillment of the event agreed, and it does not mean that the agreement is delayed besides the delay of the power of legal engagement in the agreement. The contractual responsibility of the parties involved is based on contractual bound and the norms of trading agreement as good agreement. Contractual responsibility commences from failing to meet what agreed in the agreement that is realized in the forms of paying the expenditures, compensation and expected profit. The responsibility of the parties involved commences because the business permit of the seller is revoked, not due to legal committment in the agreement but based on onrechtmatigedaad.. In relation to the equilibrium principle, values of equiblirium balance are seen through the principal achievement of trading agreement, but if an unbalanced norms of agreement appears afterwards, the norms in proportional balance will take over the role to consider whether or not the unbalanced values occur or there are proportional equilibrium values instead. Keywords: Trading Agreement, Fuel of Oil, Contractual Responsibility, In-Agreement Balance PrincipleABSTRACT In general, the oil trading agreement has met the requirements of agreement validity, but to have its legal capacity, the parties involved must have legal authority. The validity of trading agreement also depends on the agreement between the goods and its price, commencing from the delay of goods price agreement  to the fulfillment of the event agreed, and it does not mean that the agreement is delayed besides the delay of the power of legal engagement in the agreement. The contractual responsibility of the parties involved is based on contractual bound and the norms of trading agreement as good agreement. Contractual responsibility commences from failing to meet what agreed in the agreement that is realized in the forms of paying the expenditures, compensation and expected profit. The responsibility of the parties involved commences because the business permit of the seller is revoked, not due to legal committment in the agreement but based on onrechtmatigedaad.. In relation to the equilibrium principle, values of equiblirium balance are seen through the principal achievement of trading agreement, but if an unbalanced norms of agreement appears afterwards, the norms in proportional balance will take over the role to consider whether or not the unbalanced values occur or there are proportional equilibrium values instead. Keywords: Trading Agreement, Fuel of Oil, Contractual Responsibility, In-Agreement Balance Principle

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