ATA Journal of Legal Tax Research最新文献_第7页

Penyalahgunaan Kewenangan Direksi Dalam Peralihan Hak Atas Tanah Berdasarkan Perjanjian Pengikatan Jual Beli Dikaitkan Dengan Undang-Undang Perseroan Terbatas 根据《买卖债券条约》，滥用董事会权力的权利与《有限责任条例》有关

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ATA Journal of Legal Tax Research Pub Date : 2022-08-19 DOI: 10.15408/jlr.v4i3.27735

Emilya Tunggal Manuain, Wira Franciska, Jelly Nasseri

{"title":"Penyalahgunaan Kewenangan Direksi Dalam Peralihan Hak Atas Tanah Berdasarkan Perjanjian Pengikatan Jual Beli Dikaitkan Dengan Undang-Undang Perseroan Terbatas","authors":"Emilya Tunggal Manuain, Wira Franciska, Jelly Nasseri","doi":"10.15408/jlr.v4i3.27735","DOIUrl":"https://doi.org/10.15408/jlr.v4i3.27735","url":null,"abstract":"The Board of Directors manages the firm in line with laws, rules, the articles of incorporation, and GMS decisions. Setbacks and lack of funds may force a company's board of directors to sell its assets. For legal processes to transfer or sell corporate assets, the company's articles of association must be examined, and if the transfer exceeds 50%, agreement from the Company's GMS is required. Taking the step by the board of directors will have legal consequences. This study uses normative legal research to get relevant data. The author used statutory methodology, authority, and legal consequences as analytical tools. Legal papers are studied by recognizing and cataloging grammatical and systematic interpretations of secondary data. The study obtained the authority of the board of directors, where in carrying out the responsibilities of managing the company is limited by laws and regulations, as stated in the articles of association of the PT in accordance with Article 100 paragraph (1) of the Limited Liability Company Law, and legal consequences for the parties in the case of misuse of such authority in the transfer. PPJB is agreement cancellation with compensation. In accordance with Civil Code Articles 1243 and 1244, which refer to the reimbursement of costs, damages, and interest in the case of a contract violation, parties aggrieved by the cancellation of the PPJB have filed a lawsuit for recovery of all costs and interest.","PeriodicalId":40374,"journal":{"name":"ATA Journal of Legal Tax Research","volume":"53 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-08-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86843209","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Scientific Evidence of a Clash between Das Sollen and Das Sein in the book Who Rules the World by Noam Chomsky 诺姆·乔姆斯基的《谁统治世界》一书中关于“索伦”和“盛”之间冲突的科学证据

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ATA Journal of Legal Tax Research Pub Date : 2022-08-15 DOI: 10.15408/jlr.v4i4.27658

N. Yunus

{"title":"Scientific Evidence of a Clash between Das Sollen and Das Sein in the book Who Rules the World by Noam Chomsky","authors":"N. Yunus","doi":"10.15408/jlr.v4i4.27658","DOIUrl":"https://doi.org/10.15408/jlr.v4i4.27658","url":null,"abstract":"In Who Rules the World?, Chomsky’s target audience and methods differ somewhat from traditional academic treatments of US foreign policy. His analyses are concise but brief vignettes on a relatively broad range of issues relating to American power, including the Israel-Palestine conflict, the threat of nuclear war and relations with Iran. Nonetheless, a handful of common themes thread the essays together, providing answers to the question posed by the title of the book.Perhaps the most provocative theme is Chomsky’s view on the motives behind the exertion of state power at home and abroad. It is often argued that the behaviour of democratic state actors is strongly informed—if not determined—by security considerations; in other words, states’ first priority is to guarantee the protection of the nation and its citizens from external or domestic threats. This, it is assumed, gives state behaviour an aspect of democratic accountability, since citizens have the ability to withdraw their consent for being ruled by a government that cannot make those guarantees. But Chomsky notes that this is unlikely to be the primary motive behind state behaviour, not least because in the American context as well as elsewhere it has been so unsuccessful. For example, since the beginning of the global “war on terror” there has been a sharp increase in the number of terrorist attacks in both the West and the Middle East, thereby making the world a less safe and secure place than it was before. If the United States’ priority was to eradicate terrorism, Chomsky’s argues, there are considerably more effective and rational ways of doing so than the strategies adopted in the wake of 9/11. ","PeriodicalId":40374,"journal":{"name":"ATA Journal of Legal Tax Research","volume":"1 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-08-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89603845","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Scientific Evidence of a Clash between Das Sollen and Das Sein in the book Oligarchy by Jeffrey A Winters 杰弗里·温特斯的《寡头政治》一书中关于索伦和盛之间冲突的科学证据

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ATA Journal of Legal Tax Research Pub Date : 2022-08-15 DOI: 10.15408/jlr.v4i3.27657

N. Yunus

引用次数: 0

Analisis Yuridis Hak-Hak Asasi Tersangka Pidana Dalam Proses Penyidikan 分析调查过程中犯罪嫌疑人的人权

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ATA Journal of Legal Tax Research Pub Date : 2022-08-11 DOI: 10.15408/jlr.v4i2.27605

SlametHadi Santoso, Tofik Yanuar Chandra, S. Paparang

{"title":"Analisis Yuridis Hak-Hak Asasi Tersangka Pidana Dalam Proses Penyidikan","authors":"SlametHadi Santoso, Tofik Yanuar Chandra, S. Paparang","doi":"10.15408/jlr.v4i2.27605","DOIUrl":"https://doi.org/10.15408/jlr.v4i2.27605","url":null,"abstract":"In Indonesia, the criminal justice system consists of numerous steps, including investigation, investigation, prosecution, and trial. The investigative stage consists of a series of measures taken by investigators in accordance with and according to the manner outlined in this statute in order to discover the suspect and collect evidence that clarifies the nature of the criminal act. In addition, the suspect is a person who, based on preliminary information, should be accused of committing a crime because of his behavior or circumstances. The idea of presumption of innocence stipulates that all parties engaged in a criminal case must be presumed innocent until a court determines guilt. This principle must be observed by law enforcement throughout the investigation, prosecution, and court examination processes. This right is guaranteed by Article 8, paragraph 1, of Law No. 48 of 2009 on Judicial Power, which states that any individual who is suspected, arrested, detained, prosecuted, or brought before a court must be presumed innocent until a court decision declares his guilt and acquires permanent legal force. Suspects have rights and are protected by the law, despite the fact that they are suspected of committing a crime. This research is normative legal in nature. This study provides input and opinions that law enforcers, in this case Police Investigators, must implement the Presumption of Innocence Principle and defend human rights, since everyone must be deemed innocent prior to a court ruling declaring his guilt and acquiring permanent legal force. In order to expedite the investigative examination process, suspects should submit truthful and uncomplicated information, so that there are no factors that can lead to violence against suspects or abuses of their human rights.","PeriodicalId":40374,"journal":{"name":"ATA Journal of Legal Tax Research","volume":"23 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-08-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86350236","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Kepastian Hukum Status Anak Karena Pembatalan Perkawinan dan Akibat Hukumnya Dalam Sistem Hukum Di Indonesia 婚姻无效的儿童状况法律的确定性，以及其法律在印尼法律体系中的结果

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ATA Journal of Legal Tax Research Pub Date : 2022-08-08 DOI: 10.15408/jlr.v4i3.27546

Indah Sukma Ramdhini, Felicitas Sri Marniati, Yurisa Martanti

{"title":"Kepastian Hukum Status Anak Karena Pembatalan Perkawinan dan Akibat Hukumnya Dalam Sistem Hukum Di Indonesia","authors":"Indah Sukma Ramdhini, Felicitas Sri Marniati, Yurisa Martanti","doi":"10.15408/jlr.v4i3.27546","DOIUrl":"https://doi.org/10.15408/jlr.v4i3.27546","url":null,"abstract":"In carrying out a marriage, thereare conditions that must be carried out by the bride and the groom. who wants to marry in accordance with the marriage law and the law of their respective religions. If these conditions are not implemented,the marriage can be annulled. From the annulled marriage, there are children who are born, so how is the legal certainty and the legal consequences of the status of the children born from the canceled marriage. In this study, the theory of legal consequences is used, namely that a legal action taken by a legal subject can lead to a legal consequence and the theory of legal certainty is how the rules that are clear, issued and recognized by the state are used by judicial leaders who are carried out concretely. The method used in this research is normative juridical research, specifically a library law research or secondary data with primary, secondary and tertiary legal sources. As for the research approach used the statutory approach, the conceptual approach. The analytical approach and the method of collecting the legal materials are carried out by identifiying and taking an inventory of positive law, journals and other legal sources. The method used in analyzing the legal materials or legal material analysis techniques, it is carried out with grammatical legal interpretation, systematic interpretation, and legal construction methods. From the research results can be obtained that : (1) the legal consequences of annulment of marriage on the status of children born in the marriage are children still have a legal relationship with their parents (2) legal certainty on the status of children born in the marriage is still a legal child and cancellation marriage does not apply retroactively to the status of the child.","PeriodicalId":40374,"journal":{"name":"ATA Journal of Legal Tax Research","volume":"122 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-08-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76378617","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Kewajiban dan Tanggungjawab Wali Amanat Terhadap Investor Pemegang Obligasi Menurut Undang-Undang Nomor 8 Tahun 1995 Tentang Pasar Modal 根据1995年《资本市场法》第8条，受托人对债券投资者的义务和责任

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ATA Journal of Legal Tax Research Pub Date : 2022-08-08 DOI: 10.15408/jlr.v4i3.27558

Qodrad Risqitullah

引用次数: 1

Penyelesaian Sengketa Atas Tumpang Tindih Kepemilikan Hak Atas Tanah Yang Mengalami Pembebasan Lahan Untuk Kepentingan Umum 对土地所有权重叠的争议得到了解决，这些权利得到了公共利益的豁免

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ATA Journal of Legal Tax Research Pub Date : 2022-08-08 DOI: 10.15408/jlr.v4i3.27548

Hosrizul Hosrizul, Joko Sriwidodo, Mohamad Ismed

{"title":"Penyelesaian Sengketa Atas Tumpang Tindih Kepemilikan Hak Atas Tanah Yang Mengalami Pembebasan Lahan Untuk Kepentingan Umum","authors":"Hosrizul Hosrizul, Joko Sriwidodo, Mohamad Ismed","doi":"10.15408/jlr.v4i3.27548","DOIUrl":"https://doi.org/10.15408/jlr.v4i3.27548","url":null,"abstract":"Landowners affected by land acquisition initiatives in the public interest, especially for the government's benefit, frequently have trouble receiving compensation, as government and private sector property purchases are common. On the land, there was an overlapping ownership dispute, which delayed the land acquisition because it had to be resolved in court. This study's objective is to examine and appraise techniques for resolving overlapping land ownership disputes and the legal certainty of property rights for which land acquisition is to be done. The author uses normative and empirical legal methods in this study. Because normative legal research focuses on law or norms, the author uses a normative technique. Rules include legal principles, value rules, and legal restrictions. Legally normative study involves legal theory, the legal system, and vertical and horizontal synchronization. Due to overlapping land ownership generated by the buying and selling of land rights, the legal certainty of land rights for which land acquisition is to be done has not been adequately accomplished. The Camat who served as PPAT in the aforementioned case acquired the same block of land, which was not in the public's best interest.","PeriodicalId":40374,"journal":{"name":"ATA Journal of Legal Tax Research","volume":"13 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-08-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84510768","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Upaya Hukum Terhadap Debitur Pada Layanan Pinjaman Uang Berbasis Finansial Teknologi 法律对以金融为基础的贷款技术服务的债务人的努力

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ATA Journal of Legal Tax Research Pub Date : 2022-08-08 DOI: 10.15408/jlr.v4i3.27559

Citra Citra

引用次数: 0

Kedudukan dan Akibat Hukum Surat Kuasa Membebankan Hak Tanggungan Menurut Undang-Undang No. 4 Tahun 1996 Tentang Hak Tanggungan

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ATA Journal of Legal Tax Research Pub Date : 2022-08-08 DOI: 10.15408/jlr.v4i3.27555

Ajas Renaldi

引用次数: 0

Faktor Keterbatasan Polisi Dalam Melakukan Penyidikan Tindak Pidana Penyebaran Berita Bohong Di Media Oline 警察在刑事调查方面的局限性在于传播奥赖恩媒体的谎言

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ATA Journal of Legal Tax Research Pub Date : 2022-08-08 DOI: 10.15408/jlr.v4i3.27560

Dandi Alwanda

引用次数: 0