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

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.

Item Type:	Thesis (S1)
Uncontrolled Keywords:	Nominee Share Arrangements, Foreign Investor, Limited Liability Company, Investment Negative List.
Subjects:	Ilmu Hukum > Ekonomi Bisnis
Divisions:	Fakultas Hukum > Program Studi Ilmu Hukum
Depositing User:	Editor UAJY
Date Deposited:	09 Apr 2019 03:04
Last Modified:	09 Apr 2019 03:04
URI:	https://repository.uajy.ac.id/id/eprint/18182

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