ORCID Profile
0000-0002-5648-2198
Current Organisations
Bandung Islamic University
,
PT PFI Mega Life Insurance
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Publications
The Newly Sole Proprietorship as Limited Liability Company in Recent Indonesian Company Law
Publisher: Universitas Islam Bandung (Unisba)
Date: 30-06-2021
DOI: 10.29313/MIMBAR.V37I1.7771
Abstract: The recent Omnibus Law provides significant changing in the company legal order since the issuance of Government Regulation No. 8 of 2021. Under this GR, the sole proprietorship became a limited liability company. However, the liability construction of this newly born has not been regulated clearly and firmly and creates legal uncertainty. The purpose of this article is, first, to determine the appropriate liabilities of SPLLC (Sole Proprietorship as Limited Liability Company) and its founder, and second, to review and develop the legal mechanism for government to provide legal certainty. The study uses the normative juridical method with descriptive-analytical specifications. The study found that the absence of regulation on liability creates ambiguity and legal uncertainty on the appropriate liability for the new form of company. Finally, the study concludes that the appropriate liability of SPLLC and its founders should be determined firmly. Furthermore, three models of liability construction of the business owner are offered, including SPLLC with unlimited liability, SPLLC with limited liability, and SPLLC with certain liability.
Legal risk management: Can the COVID-19 pandemic be included as a force majeure clause in a contract?
Publisher: Emerald
Date: 12-11-2020
DOI: 10.1108/IJLMA-05-2020-0140
Abstract: This study aims to investigate the legal consequences of the use of force majeure (FM) clause in a contract related to the prospect of business sustainability. In addition, this paper also examines the legal risk perspective toward the interpretation of FM clauses in contracts that incorporate the coronavirus disease 2019 (COVID-19) pandemic situation. The research design in this paper uses the normative juridical method, which means that it is carried out with library research on secondary data in the field of law, in the form of primary and secondary legal materials and tertiary legal materials. Primary legal materials are in the form of regulations relating to the variable topics of this paper, namely, FM, COVID-19, contracts and legal risk management (LRM). The study found that studies of FM are still limited in terms of the aspects of contract sustainability, and none has reviewed them using the LRM paradigm. Given the fact that this pandemic is still ongoing and uncertain, the extent to which the broadening of the interpretation of FM in the contract by the parties and how much the designs offered above can help the parties, will greatly depend on the commitment of the parties. However, if the orientation is to maintain a long-term business relationship, it still fulfills the essence of a win–win solution that will greatly assist the parties in determining the continuity of the contract. The results of this study are expected to provide benefit to the parties in an agreement affected by the COVID-19 outbreak and by regulators who wish to provide a legal basis in contract law. Long-term business relationships will create sound, peaceful and conducive environment for modern business. This kind of situation will sustain the business as expected. This study concludes that the interpretation of FM can be extended to accommodate the interests of the parties to the contract by considering several principles in contract law and other relevant clauses. In addition, this study also produced four essential designs for LRM oriented to long-term business relationships in a win–win solution.
Related Organisations
PT Pupuk Indonesia (Persero) - A State-owned Enterprise On Chemical Fertilizer Industry
Location: Indonesia
Related Funding Activities
No related grants have been discovered for Ratna Januarita.