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Analytics

Aryanti Agripina Winata; Gunardi Lie

Mahkamah : Jurnal Riset Ilmu Hukum 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze the legal regulation of joint ventures in Indonesia as a form of Foreign Direct Investment (FDI) implemented through Limited Liability Companies based on Law Number 25 of 2007 concerning Investment, Law Number 40 of 2007 concerning Limited Liability Companies, and the Indonesian Civil Code. The research employs a normative legal method with a library research approach to examine legal provisions and concepts related to cooperation between foreign investors and domestic parties. The findings indicate the existence of structural imbalances between the parties, where foreign investors possess advantages in capital, technology, business experience, and access to information, resulting in asymmetrical bargaining power. This condition may lead to domination in decision-making, information gaps, and potential exploitation of domestic parties. Furthermore, existing legal protection is considered insufficient to fully implement the principle of equitable bargaining. Therefore, this study proposes a normative reconstruction through the application of principles of balance of power, good faith, transparency, and proportionality in joint venture agreements. The study also recommends preventive supervision through mandatory due diligence by the Financial Services Authority and the Investment Coordinating Board, including the standardization of contractual clauses and disclosure obligations, in order to create fair, sustainable joint venture relationships that protect national interests.

Simorangkir, Debora Juliani; Sinaga, Parbuntian; Setyowati, Retno Kus

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

In the Indonesian economic system, cooperatives play a crucial role as one of the pillars of the national economy, as mandated in Article 33 paragraph (1) of the 1945 Constitution of the Republic of Indonesia. This article emphasizes that "the economy is structured as a joint venture based on the principle of kinship," which serves as the constitutional basis for the existence and development of cooperatives in Indonesia. The research method used in this study is normative juridical, focusing on legal frameworks and regulations related to cooperatives. The results of the study indicate that the government holds an important and strategic role in regulating and supervising cooperatives to ensure the protection of the rights and obligations of cooperative members. Through regulatory instruments such as Law Number 25 of 1992 concerning Cooperatives, the government establishes cooperative principles, good governance standards, and oversight and development mechanisms. The government’s efforts are aimed at ensuring the operation of cooperatives is transparent, accountable, and beneficial to all members. Furthermore, the study found that despite these regulatory efforts, significant challenges remain in the cooperative sector. These include issues such as weak financial reporting, low literacy rates among cooperative members, and the dominance of local elites, which can hinder the equitable distribution of benefits. These challenges need to be addressed to ensure that cooperatives can fulfill their role as economic agents that contribute to national development in line with the principles of kinship and mutual benefit.

Mohamad Aditya Adjara

Deposisi: Jurnal Publikasi Ilmu Hukum 2023 International Forum of Researchers and Lecturers

The purpose of this research is to find out how the legal rules regarding cooperation agreements in business activities are viewed from a business law perspective and what forms of cooperation in trade activities can be carried out by company management. By using normative juridical research methods, it is concluded: 1. The legal rules regarding cooperation agreements in business activities are reviewed from the perspective of business law, referring to Civil law, especially Article 1313 of the Civil Code, which states that "An agreement is an act in which one or more people bind oneself to one or more other people." So it is clear that agreements give rise to agreements, as well as the Trade Code and Indonesian laws and regulations in various forms of business entities. 2. Forms of cooperation in trading activities that can be carried out by company management, such as Mergers, Consolidations, Joint Ventures and Franchising. A merger is a combination of one or several business entities so that from an economic point of view they are one unit, without merging the merged business entities. Consolidation/merger between two or more business entities that combine themselves to merge into one and form one new business entity (consolidation). This aims to "make healthy" the business entity concerned or what is usually called restructuring. Joint Venture is an agreement between two or more parties to collaborate in an activity. Franchise Agreement in which one party is given the right to exploit and/or use the rights to intellectual property or inventions, or business characteristics owned by another party in exchange for compensation based on the terms and/or sale of goods and services. 1 Article. 2 Lecturers at the Faculty of Law, Unsrat, Manado. Master of Law.

Edy Soesanto; Alifah Jiddal Masyruroh; Ganis Aliefiani Mulya Putri; Srirahayu Putri Maharani

Jurnal Manajemen Riset Inovasi 2023 Pusat Riset dan Inovasi Nasional

PT SK Keris Indonesia is a joint venture company operating in Indonesia and is part of SK Chemicals' global strategy. This company produces various types of products, such as polyester filament yarn, PET resin for bottles, PET film, as well as several specialty chemicals that are tailored to orders from consumers. Given the types of products produced and the large size of the company, security at PT SK Keris Indonesia is very important. This study was made to find a correlation between the role of security management and security breaches. The results of the study show that the Security Unit at PT SK Keris has not optimally and coordinatedly utilized all parties related to the security of PT. SK Keris including the local police. SK Keris, needs to take advantage of the potential that exists from within and around it, including by building cooperation with the local police apparatus.

Victoria Tabita

Jurnal Relasi Publik 2023 International Forum of Researchers and Lecturers

The practice of the Nominee Agreement, which involves an agreement between the legal shareholder and the beneficiary, is often the method used for shareholding in limited liability companies, especially Joint Ventures. In this agreement, the registered shareholder (nominee) is the shareholder, while the beneficiary is the party who actually controls and receives direct benefits from the company. Even though this practice is expressly prohibited in foreign investment in Indonesia, especially based on Article 48 UUPM, and the agreement can be canceled by law because it does not meet the requirements of a legal cause in accordance with Article 1338 Paragraph (1) of the Civil Code, the use of nominee shareholders has not been prohibited explicitly by the government. Therefore, this can be considered as an attempt to circumvent the law or an act of legal manipulation. The type of research used in this study is empirical research, which includes research on legal identification and research on legal effectiveness.