Nominee Arrangement Practices Performed by The Government of The Republic of Indonesia
This study aims to analyze the synchronization of the Law on the Prohibition of Nominee Practices and Nominee Arrangements carried out by the Government of the Republic of Indonesia. This type of research is a normative juridical research by examining and synchronizing data sourced from legal principles and regulations as well as court decisions. The method of data collection is done by studying literature such as regulations, books, documents or other writings that support this research. The collected data was then analyzed qualitatively and comprehensively using data analysis methods. Based on the results of this study, it can be concluded that the application of the law to the parties who practice nominee has not been implemented optimally and thoroughly. As a form of Government attention to investment activities, the Government of the Republic of Indonesia has been explicitly regulated in Law Number 40 of 2007 concerning Limited Liability Companies (UUPT) and Law Number 25 of 2007 concerning Investment (UUPM) regarding the prohibition of nominee practices in any form. And the legal consequences of the nominee's practice are null and void. However, in its implementation.
Budi Untung, H. (2010). Hukum Investasi. Sinar Grafika.
Kairupan, D. (2013). Regulation on Foreign Investment Restrictions and Nominee Practices in Indonesia. Mimbar Hukum, 25(2).
Marzuki, P. M. (2010). Peneltian Hukum. Kencana.
Rachmadi Supancana, I. B. (2006). Kerangka Hukum dan Kebijakan Investasi Langsung di Indonesia. Ghalia Indonesia.
Rustam. (2020). Legal Analysis Of The Application Of Raw Clause In An Agreement. Jurnal Hukum Volkgeist, 5(2), 143–150. https://core.ac.uk/download/pdf/327176569.pdf
Salam, S. (2017). Analysis of Cooperation Agreements and Comparison Patterns of Out-of-Court Dispute Resolution. Jurnal Hukum Volkgeist, 2(1), 71–81.
Salam, S., Mustika Suhartono, R., & La Dee, M. (2021). Construction of The Concept of Building Populist Economic Law. Audito Comparative Law Journal (ACLJ), 2(3), 119.
Salam, S., Suhartono, R. M., A, I. R., & Dee, M. La. (2021). Construction of the Concept of Building Populist Economic Law. Audito Comparative Law Journal (ACLJ), 2(3), 119–130. https://doi.org/10.22219/aclj.v2i3.17494
Salim, H., & Sutrisno, B. (2008). Hukum Investasi di Indonesia. Rajawali Pers.
Sinamo, N. (2010). Metode Penelitian Hukum dalam Teori dan Praktek. Bumi Intitama Sejahtera.
Sukma, R. P. (2020). Price Agreement And Market Provision Between Principal And Distributor In The Constitution No. 5, 1999. Jurnal Hukum Volkgeist, 5(2), 143–150. https://core.ac.uk/download/pdf/327176569.pdf
Undang-Undang. (2007a). Undang-Undang Nomor 25 Tahun 2007 Tentang Penanaman Modal.
Undang-Undang. (2007b). Undang-Undang Nomor 40 Tahun 2007 Tentang Perseroan Terbatas.
Wiranata, A. (2007). Kebijakan Penanaman Modal Menurut Undang-undang No.25 Tahun 2007. Universitas Lampung.
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