Title: Ideal Reconstruction of Liquidation of Limited Liability Company through National Court Decision Based on Justice Value

Author(s): Sudar1, Gunarto2, Anis Mashdurohatun3,Wahyu Widodo4

 DOI : http://dx.doi.org/10.18535/ijsshi/v4i10.03

Faculty of Law,Universitas Sultan Agung Semarang


Abstract

Limited Liability Company as one of business entities in the economic activities requires a clear and capable arrangement to keep up with the rapid progress, especially in the advancement of science and technology in Indonesia in both nationally and internationally.

Limited Liability Company is a legal entity in which is an alliance of capital, established under the agreement, engaged in business activities with a capital base which is wholly subdivided into shares and meets the requirements stipulated in the law and its implementing regulations. The provision carries with it the legal consequence that the limited liability company (hereinafter referred to in this article as the Company) has its own rights, obligations and assets separated from the rights, obligations and assets of its founders or shareholders.

Based from this, the authors are interested to conduct research on: "Ideal Reconstruction of Liquidation of Limited Liability Company Through National Court Decision Based on Justice Value"

this research in which are done based on juridical / normative research method shows that the reconstruction of a limited liability company through the establishment of a national court decision based on the value of justice as it is known that in the procedural law there are two way of processing the cases known as "Contentious Procesrecht" or law of dispute and "Non-Contentious Procesrecht" or the law of non-dispute. Against "Contentious Procesrecht" commonly used letters of lawsuit to resolve disputes of the parties through the "Judge Judgment". In contrast to the "Non-Contentious Procesrecht" commonly used application letter to request "Determination of Judges". Based on "Contentious Procesrecht", also apply the principle of "Audi Et Alteram Partem" (listening to both parties). This principle postulates that in the proceedings of proceedings at court, the parties to the dispute to defend their rights and interests respectively. In other words, the parties should be treated equally, fairly and impartially. Meanwhile, if based on "Non-Contentious Procesrecht" then the process applied the principle of "Voluntair"; a request to decide case to court without any dispute with other party (without disputes or differences with another party). So according to the authors what is the question of the applicant based on the legal principle of "Non-Contentious Procesrecht" is not in touch with the issue of rights and interests of others.

 

                               

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