Varia Justicia

Parent Company’s Corporate Guarantees For Subsidiaries' Cross-Border Loans

Suwinto Johan — 2023-12-29

Loans with collateral have become one of the options for newly created businesses looking for more accessible and less expensive funding. Financial institutions, particularly banks, are hesitant to lend to companies that have been in operation for less than two years. Furthermore, obtaining guarantees from other businesses is one technique to improve a company’s credit score. Companies can acquire more competitive funding with a better credit rating. One way is to get a guarantee from the parent firm as a shareholder. This research looks at how different legal systems handle guarantees from the parent firm to subsidiaries. This study employs normative legal research techniques. According to the findings, offering assurances is a typical business practice. Companies that are new or have been in business for less than two years are given priority to provide guarantees. Unless a shareholder offers assurances to the subsidiary in the case of a default, the parent company or shareholders have no liability to the subsidiary. A joint venture agreement will govern the issuance of guarantees by the parent firm based in another country with other shareholders. The parties must agree on the choice of law to be used. If there is a dispute, then the choice of law is important. Choice of law also determines the choice of forum in resolving disputes.

Approval of Realignment Flight Information Region 2022 Between The Republic of Indonesia and Singapore

Harry Purwanto — 2023-12-29

The 2022 FIR Realignment Agreement between Indonesia and Singapore redefined the delegation of airspace management over the Natuna and Riau Islands. This study investigates Indonesia’s legal responsibilities in providing air traffic services prior to the realignment and evaluates the country’s readiness to implement the provisions of the agreement. Employing a normative legal research method, the study draws upon primary sources such as international treaties and national aviation laws, complemented by scholarly literature on air law. The findings suggest that the provision of air traffic services is a sovereign function, and the delegation to another country is permissible only for technical or operational reasons. The signing of the 2022 FIR Realignment demonstrates Indonesia’s preparedness and sovereign capability to manage its airspace in accordance with international standards. As a manifestation of this commitment, the agreement has been ratified through Presidential Regulation No. 109 of 2022.

Judicial Review Authority of the Articles of Association and Bylaws of Political Parties Progressive Law Perspective

Agus Suharsono — 2023-12-29

This study analyzes consideration law. The Supreme Court decided the Articles of Association and Bylaws House Ladder Party Political from the perspective law progressive thinking law original Indonesian. Research This studies doctrinal approach legislation, Constitution, concepts, cases and interpretations, and materials. The laws under study are primary and secondary, analyzed using the content analysis method. Research results show that judicial review decisions of regulations Legislation under the Constitution also need to be published in the Regional Gazette, Supplement Regional Gazette, or Regional News according to the objects of judicial review. The Supreme Court judge needs to apply thinking Law progressive to dig Law and a living sense of justice in public. The Supreme Court opined Articles of Association and Bylaws House Ladder Party Political No regulation legislation below laws that can file a judicial review because No fulfill element regulation applicable laws and regulations general, made by the institution or authorized state official based on delegation regulation more Legislation high. However, the Supreme Court does not directly apply thinking Law progressive to give meaning to norm law general, not individual who is not set up in Law positive can interpreted as some people or many specific people, namely member A party politics. Thoughts law progressive can complete Law positive to fit with mark law and justice Indonesian nation, for That need Keep going developed to find systematic models and philosophical roots. Thoughts Law Progressive can complete Law positively to fit with mark law and justice Indonesian nation, for That need Keep going developed to find systematic models and roots philosophically.

The Nature of Mutual Insurance and Legal Protection for Policyholders: A Lesson from Indonesia

Noor Fatimah Mediawati — 2023-12-29

Mutual insurance will only have a law that specifically regulates it in 2023. The regulation in question is through omnibuslaw Law Number 4 of 2023 concerning Development and Strengthening of the Financial Sector. In fact, the only mutual insurance company in Indonesia (AJB Bumiputera 1912) is more than 100 years old. So it is natural that the issue of defaults that harm legal protection for policyholders cannot be resolved optimally. Although realised, the concept of mutualism in the insurance company really illustrates high idealism. Both in terms of mutuality, solidarity, help, economic democracy, and cooperation for the welfare of its members. The members in this case are the policyholders, who are also the owners of the company. This research employs a normative research method, which is a legal research that focuses on the prevailing legal norms. Through statute approach, conceptual approach, and comparative approach, this article affirms that the nature of mutual legal entity, no matter how good it is, if it is unable to provide legal protection for policyholders then it can only be read as a mere "theory", not realised in reality. A paradox that provides valuable lessons, especially in the governance of insurance companies in Indonesia. There are two types of legal protection for policyholders, namely preventive and repressive legal protection, which are realized through laws and regulations, contracts, and court rulings through bankruptcy petitions filed by creditors or the Financial Services Authority (OJK).

The Role of the Honorary Council of Election Organizers as a Quasi-Judicial Institution

Ahmad Ahmad — 2023-12-29

The position of the Election Organizing Honorary Council (DKPP) as a unitary function of general election organizers according to Law Number 7 of 2017 and Article 22E paragraph (5) of the 1945 Constitution of the Republic of Indonesia is a state institution that is given special authority with the noble task of maintain the dignity and dignity of election organizers through the enforcement of ethics and guidelines for election organizers to realize elections with integrity, authority and justice. The research method used is normative legal research or literature study with a descriptive analysis approach. The results of this study indicate that there is a dynamic of ethical enforcement of election organizers and the limitations of the authority possessed by DKPP in enforcing the ethics of election organizers. It is important to make a firm formulation of the code of ethics for election organizers outside their capacity as members of the general public. As for the obligations or prohibitions, actions and/or words that are appropriate or inappropriate to be carried out by the Election Organizer are still of a general nature and are directly related to the position as an election organizer and the process of organizing elections so that the purpose of upholding the ethics of general election organizers as a single function can take place with good, right and right.