One of the principles known in legal science is the principle of “majority rule Minority Protection”, this principle emphasizes that minority shareholders are considered for their interests and ...rights. This is because with a minority position, they tend to be less protected rights compared to majority shareholders. The legal protection of the majority shareholders is quite guaranteed, especially through the general meeting of shareholders (RUPS). While the protection of minorities this is a new thing and get less attention. The problem in this study is the regulation of legislation against minority shareholders in closed companies in Indonesia and how the legal remedies of minority shareholders related to violations of their rights. Law No. 40 of 2007 concerning Limited Liability Companies (PT Law) has stipulated that minority shareholders who are harmed due to members of the Board of directors making mistakes or negligence may file a lawsuit against the company (direct lawsuit) and file a lawsuit on behalf of the company (derivative lawsuit). This legal research used normative juridical approach. The data used were primary and secondary data which were analyzed using quantitative method. The results showed that the concept of derivative action provides a balance between effective recovery for shareholders on the one hand and on the other hand provides flexibility to the board of directors to make decisions that are free from shareholder interference. This concept is based on the principle that shareholders should not be involved in managerial matters within the company. In addition, the concept of derivative action plays a role in corporate governance, by providing a deterrent effect against members of the company's Board of directors or commissioners who commit irregularities or fraud. The court shall conduct a stage of testing or examination of errors that have been committed previously by the company concerned, if the company or the company is proven guilty then it can be summoned to a court which will thereafter be decided or tried, in court only accept and examine the derivative lawsuit, provided that the shareholders own at least 1/10 of the shares or 10% of the total number of shares with voting rights, if the commissioners and or directors make a mistake. Then it is considered effective if as long as the regulation is good and regulates certain existing or applicable laws. However, if as long as the court or shareholders see from the law does not match the existing regulations then it is said to be ineffective.
The purpose of this study is to find out how to provide legal protection for victims of terrorism crimes in order to realize constitutional orders. The type of this research is descriptive ...analytical. This research is carried out by examining theories, concepts, legal principles, the systematics of laws, legal comparisons and legal history, and synchronization of laws and regulations. Terrorism can happen anytime, anywhere, and happen to anyone indiscriminately. The damage caused by acts of terrorism is enormous. The rise of terror that occurred with many victims has proven that terrorism is a crime against human values. Terror has proven as a matter of fact as a tragedy over human rights. The physical impact caused by terrorism is not only on those who are targeted but also on victims who do not know and are not related to the target of the terrorist. Article 35A, paragraph 1 under Act No. 5 of 2018 stated that “Victims are state responsibility”. By the presence of state to handle terrorism’s victim, it is hoped that more targeted and equitable rights of all victims affected by an act of terrorism.
Legal Protection of tongkonan Traditional land management in thetraditonal community of Tana Toraja. Guided by Abrar Saleng, and Andi Suriyaman Mustari Pide. This study aims to explain and analyse ...form of customary land management in Tongkonan on customary community of Tana Toraja and to explain and analyse possible implications occurred if customary land management in customary community of Tana Toraja were not protected. This research was conducted in the Tana Toraja District seeing several gaps that can eliminate MHA culture from various actions of several parties. This study uses empirical studies. Data collection was carried out by interviews and then analyzed qualitatively. Tongkonan customary land is managed together by each Tongkonan under the supervision of Tongkonan Layuk and is guided by Aluk Tallu Lolona which plays an important role in maintaining environmental sustainability with the belief that all parts of the land are ancestral heritage that must be preserved as a form of appreciation. The implication occurs if the land of Tongkonan is not protected by law is the loss of the characteristics of the culture of indigenous peoples because of various actions to control the land. Therefore we need regulations to protect the rights of indigenous peoples over their land.
Is there any form of legal protection for plant monumentality? This work envisages an excursus on the interventions made by the Italian legislator on this subject, highlighting the close connection ...between nature and culture emerging from the regulatory framework, also stigmatising the critical elements contained in the legal provisions and proposing new solutions in order to overcome them.
The modern retail business is currently growing rapidly along with the times. Economic progress has also contributed to the development of the modern market and retail business in Indonesia. The ...modern retail business has now expanded to various cities in Indonesia. Even modern shops with minimarket franchises have spread to a number of cities and districts. Modern retail business in the form of hypermart, Indomaret, Alfamart, department store and wholesaler. While shopping centers can be in the form of malls and trade centers. The focus of this research is how are modern retail business practices and how is consumer protection in modern retail businesses?. The data in this study were collected using the methods of observation, interviews and documentation. This type of research is an empirical juridical research using a socio legal approach. The results in this study are first, modern retail business which is a development of traditional retail. In practice, the business applies modern concepts by utilizing technology and accommodates lifestyle developments at the community and consumer level. However, there are still frequent price mistakes made by business actors to consumers. This starts from the unsynchronized price listed on the displayed product with the price stored in the computerized system (product data input on the computer application) at the cashier. Second, business actors need to make efforts to synchronize prices so that price errors do not occur, as well as pay attention to the total purchases that are calculated automatically by the computerized system (product data input on computer applications) and the money that consumers give. Buyers as consumers get protection under the Consumer Protection Act and khiyar aibi in Islamic law. Increasing the accuracy and accuracy of modern retail business actors must always be done, and consumers are required to be smarter in this contemporary muamalah era, by understanding a good transaction method to avoid unwanted things.
The goal of this research is to determine and assess the implementation of halal certification for the pharmaceutical business in accordance with Law Number 33 of 2014 on Halal Product Assurance, as ...well as the variables that hinder and support its implementation. The impact of the JPH Law on the process value chain and supply chain of drugs and vaccines results in a total change in the pharmaceutical industry, including changes in ingredients resulting in reprocessing of quality, safety, and efficacy, changes in the distribution process, addition of personnel or staff, decreased economic capacity of the industry due to increased production costs, and there is a decrease in the industry's economic capacity due to increased costs of production. The halal status of a product has become a must-have for all consumers, particularly Muslims. Some parties, particularly the pharmaceutical business, continue to oppose to the existence of Law No. 33 of 2014 concerning Halal Product Guarantee. The supply of special facilities, such as rooms, equipment, and human resources, will significantly raise costs, resulting in higher drug prices and a reduction in people's access to the items they truly require for health care. Currently, the pharmaceutical sector must import 95 percent or more of its raw materials, totaling 150,000 items, in order to make about 30,000 different types of pharmaceuticals in the country.
This study aims to identify, analyse, and find the risks and legal protections for female workers at nightclubs in Badung, Bali, Indonesia. Through empirical legal research, based on the study's ...results, it can be found that there are many risks faced by female workers who work at nightclubs. The risks faced by female workers at nightclubs in Badung, Bali, can include health risks (physical and mental/psychological), safety risks, risks of victimisation (becoming victims of criminal acts), getting a negative prejudice from the community, being ostracised, and the risk of falling into prostitution and drug abuse. Legal protection for female workers in nightclubs has yet to be implemented optimally. Many rights and protections are owned by women who work in nightclubs, but nightclubs cannot reach them. There are still many violations of the law against female workers. Management does not provide rights for night workers in accordance with the provisions of the Manpower Act because these workers are not included in the Labor Union. The legal consequences for women workers at night entertainment sites need better legal protection, especially in the context of the labour force. Stigmatising women employees at night recreation sites as prostitution workers also weakens protection for them.Women workers do not fight for their rights because they do not have much understanding of their rights.
Within the framework of the research project examining the responsiveness of the Hungarian legal system, special attention was paid to administrative law and within that, to the admi-nistrative ...procedural law that is decisive for clients. The COVID epidemic that has broken out before the research was completed and the associated emergency legislation has given special relevance to further research.
This research examines the legal protection of registered trademarks based on Law Number 20 of 2016 and handles registered trademark disputes in legal protection initiatives. Even though this ...research is descriptive and analytical, the author uses normative legal techniques. Article 35 of Law Number 20 of 2016 states that brand protection only applies to registered marks. Ten (10) years are allowed to protect a registered trademark upon receipt, and this period may be extended. The purpose of protecting a registered trademark is to give the owner of the trademark exclusive (special) rights and specific legal remedies that he can take. If there is substantial similarity or malicious intent behind the trademark issue,
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