PERLINDUNGAN HUKUM TERHADAP INVESTOR ASING DALAM PERJANJIAN PEMILIKAN SAHAM PINJAM NAMA (NOMINEE ARRANGEMENT) PERSEROAN TERBATAS

Djunaedi, Maria Brigita (2019) PERLINDUNGAN HUKUM TERHADAP INVESTOR ASING DALAM PERJANJIAN PEMILIKAN SAHAM PINJAM NAMA (NOMINEE ARRANGEMENT) PERSEROAN TERBATAS. S1 thesis, UAJY.

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Abstract

The title of this paper about the Legal Protection for the Foreign Investors of The Nominee Share Arrangement in Limited Liability Company. The Indonesian Government impose control investment and business practices by issuing The Investment Negative List that will limit the participation of investment on several sectors. Therefore, some foreigners commomly opted to have a nominee arrangement with an unrelated Indonesian third party to own the shares and to be the legal owner. The research was juridical normative research that explores legal issues in society with the approach of positive law and legal principles. It is examining the secondary data field of the existing law as literature data using deductive reasoning and coherent criterion of validity. Based on the research, nominee agreement in practice is made by making some agreements layered with main purpose in order to control the beneficiary, receive benefits and indirectly owns of the company. Indonesian regulations has actually prohibited its existence based on Act number 25 of 2007, and supported by the Act Number 40 of 2007 that adheres to the absolute shareholding system. In a case that such arrangements are made to avoid the limitation of the Investment Negative List, it is deemed invalid by law.

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