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1
Zulhidayat, Muhammad, and Milatul Aslamiyah. "Pertanggungjawaban Pemegang Saham Perseroan Perorangan dalam Hal Perseroan Perorangan Mengalami Kerugian Berdasarkan UU No. 11 Tahun 2020 Tentang Cipta Kerja." Rechtsregel : Jurnal Ilmu Hukum 4, no. 1 (August 11, 2021): 119. http://dx.doi.org/10.32493/rjih.v4i1.12669.
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This study aims to determine the accountability of shareholders in an individual company in the perspective of Job Creation Law ( as known as Undang-undang Cipta Kerja) and related Government Regulations. This research is a normative juridical study which is based on library-literal research in order to obtain secondary data. Data obtained from legal principles, regulations, and books were analyzed using qualitative methods. This qualitative research produces descriptive-analytical data. The results showed that shareholders in an individual company are only responsible for the shares they own , as long as there are no exempt matters as mentioned in Article 153 J paragraph 2. Based on the results of the research, the authors suggest two things, which are, first for individual company shareholders should run the company in good faith so that the individual company can be utilized properly in accordance with the philosophy of its formation. , secondly, the executive and legislative bodies should be able to make clearer rules regarding the establishment, amendment and discontinuation of individual companies and also supervision due to there is no notary role in the establishment, amendment and dissolution of individual companie.
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Shubhan, M. Hadi. "Legal Protection of Solvent Companies from Bankruptcy Abuse in Indonesian Legal System." Academic Journal of Interdisciplinary Studies 9, no. 2 (March 10, 2020): 142. http://dx.doi.org/10.36941/ajis-2020-0031.
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In bankruptcy legal system in Indonesia, the court can issue bankruptcy verdict without assess a company’s solvency condition, whether the company is solvent or insolvent. The provision of this law is very prone to be misused by creditors with bad faith. Insolvency test is able to protect debtors and to prevent the abuse of bankruptcy by malice creditors. This paper aims to analyze the legal protection of solvent companies from bankruptcy abuse in Indonesian legal system. By using normative and juridical approach, the results showed that the insolvency test can be included in the future amendment of Indonesian bankruptcy law. The implementation of insolvency test therefore is not administered outside the bankruptcy proceedings, but still in the respective bankruptcy proceedings. Insolvency test can be implemented by judges based on convincing evidences such as money report made by registered Public Accountant Office. A debtor, with bad faith, should not be eligible to get protection to avoid himself from bankruptcy with the insolvency test, although the debtor has good solvability.
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Dara, Dara Quthni Effida, Putri Kemala Sari Putri, Eza Aulia Eza, and Asmaul Husna Nana. "Legal Mechanism: Foreign Brand Claims Against Potentially Geographical Indications of Indonesia." Jurnal Hukum Samudra Keadilan 17, no. 2 (August 12, 2022): 131–41. http://dx.doi.org/10.33059/jhsk.v17i2.5135.
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International community has recognized the superiority and quality of original Indonesian products, as a result, some native Indonesian products are claimed by foreigners as their trademarks, for example Gayo Arabica Coffee and Toraja Coffee. Indonesia in providing protection is a bit behind in seeing the potential of its own region. The research problem is to examine the juridical claims of foreign companies against products with potential Indonesian Geographical Indications, and the settlement mechanism based on Law Number 20 of 2016 concerning Trademarks and Geographical Indications. Research method used is normative juridical with a statute approach. Claim of foreign companies against products with the potential for Indonesian Geographical Indications is the use of Intellectual Property Rights without rights, based on the MUI Fatwa decision, this is an injustice that is unlawful. The legal settlement mechanism for foreign brand claims against products with potential Indonesian Geographical Indications based on Law Number 20 of 2016 concerning Marks and Geographical Indications is dependent on the violation of the claim, whether the party making the claim is in good faith or not. If at the time a sign is applied for registration as a Geographical Indication, a sign is used in good faith, the party can still use it for a period of two years, but if there is no good faith, it can take the mechanism of filing a lawsuit in the form of an application for compensation against the User of the Geographical Indication without rights.
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Alewell, Dorothea, and Tobias Moll. "An Exploratory Study of Spirituality in German Enterprises." management revue 32, no. 1 (2021): 0–26. http://dx.doi.org/10.5771/0935-9915-2021-1-0.
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Spirituality at work is increasingly attracting attention in management research, especially in the Anglo-Saxon and Asian contexts. However, for the German context, we know little about spirituality at work from scientific research, and findings and results from other sources are broadly scattered. Using a mixed-methods approach, we collect first findings on employer’s perception of spirituality at work and specific HRM practices in German workplaces. We analyse daily newspapers and related best-practice publications and conduct a small-scale qualitative employer survey in Northern Germany. To structure the results, we propose three main impact perspectives on spirituality in the workplace (workforce diversity, employee needs, and employer capabilities) as well as different employer stances in dealing with these three perspectives, from faith-avoiding to faith-based (Miller & Ewest, 2015). In all three perspectives and stances, companies already implement different HR activities under different expectations and perceptions. Some German organisations already address the needs perspective by room-related tools, working time-related tools, food-related offers, and instruments that facilitate coordination and cooperation in multi-religious settings. Employer stances differ concerning religious and non-religious spirituality. While employers view nonreligious spirituality in the company as generally positive (faith-friendly), they are often sceptical of religious spirituality at work (faith-avoiding or faith-safe).
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Alewell, Dorothea, and Tobias Moll. "An Exploratory Study of Spirituality in German Enterprises." management revue 32, no. 1 (2021): 1–27. http://dx.doi.org/10.5771/0935-9915-2021-1-1.
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Spirituality at work is increasingly attracting attention in management research, especially in the Anglo-Saxon and Asian contexts. However, for the German context, we know little about spirituality at work from scientific research, and findings and results from other sources are broadly scattered. Using a mixed-methods approach, we collect first findings on employer’s perception of spirituality at work and specific HRM practices in German workplaces. We analyse daily newspapers and related best-practice publications and conduct a small-scale qualitative employer survey in Northern Germany. To structure the results, we propose three main impact perspectives on spirituality in the workplace (workforce diversity, employee needs, and employer capabilities) as well as different employer stances in dealing with these three perspectives, from faith-avoiding to faith-based (Miller & Ewest, 2015). In all three perspectives and stances, companies already implement different HR activities under different expectations and perceptions. Some German organisations already address the needs perspective by room-related tools, working time-related tools, food-related offers, and instruments that facilitate coordination and cooperation in multi-religious settings. Employer stances differ concerning religious and non-religious spirituality. While employers view nonreligious spirituality in the company as generally positive (faith-friendly), they are often sceptical of religious spirituality at work (faith-avoiding or faith-safe).
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Masum, Ahmad, Shahrul Nizam Salahudin, and Hajah Hanan Haji Abdul Aziz. "Corporate Governance and Directors Duty to Act in Good Faith and in the Best Interest of the Company: The Malaysian Experience." International Journal of Engineering & Technology 7, no. 4.38 (December 3, 2018): 795. http://dx.doi.org/10.14419/ijet.v7i4.38.27547.
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Corporate governance is not a legal term. It is a term that refers broadly to the rules, processes, or laws by which businesses are operated, regulated, and controlled. It has traditionally specified the rules of business decision making that apply to the internal mechanisms of companies. Corporate governance mechanisms have the purpose of monitoring and controlling the management of corporations resulting in more effective management and to enhance shareholder value. The aim of this paper is to examine the duty of company directors to act in good faith and in the best interest of the company by way of making reference to the Malaysian experience. This paper adopts a legal library based research methodology focusing mainly on primary and secondary legal sources. The paper concludes that although directors must exercise their discretion in good faith, the fiduciary duty to act in good faith in the interests of the company is a subjective duty. There is no breach where the directors act in what they honestly believe to be in the interests of the company. The courts are generally reluctant to override the business judgment of directors. The paper recommends that courts should adopt a flexible approach in dealing with directors’ duty to act in good faith and in the best interest of the company. The erosion of a director’s obligation to act in good faith does not bode well for the modern corporation and the economy, and a meaningful interpretation of “not in good faith” is necessary to help halt the erosion.
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Johansen, Britt Foget, Winni Johansen, and Nina M. Weckesser. "Emotional stakeholders as “crisis communicators” in social media." Corporate Communications: An International Journal 21, no. 3 (August 1, 2016): 289–308. http://dx.doi.org/10.1108/ccij-05-2015-0026.
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Purpose – The purpose of this paper is to examine the Telenor customer complaints crisis triggered on the company Facebook site in August 2012. More specifically, the paper focusses on how friends and enemies of a company interact, and how faith-holders serve as crisis communicators in a rhetorical sub-arena that opens up on Facebook. Design/methodology/approach – The study is based on a textual analysis of 4,368 posts from the Telenor Facebook site, and an interview with the senior digital manager of Telenor. Findings – Not only current and previous customers but also those from rival telephone companies were active in the Facebook sub-arena. The customers complaining about the company services were met not only with the response of Telenor, but also with counter-attacks from faith-holders acting in defense of Telenor. However, these faith-holders were using defensive response strategies, while Telenor used accommodative strategies. Research limitations/implications – Organizational crises need to be seen as a complex set of communication processes, including the many voices that start communicating from different positions, and taking into account not only the response strategies of the organization but also the response strategies applied by supportive emotional stakeholders. In practice, faith-holders need to be monitored, as they may prove useful as “crisis communicators.” Originality/value – The paper provides insights into an under-investigated area of crisis communication: the strategies of faith-holders acting as “crisis communicators” defending a company and themselves against attacks from negative voices on social media.
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Bhutto, Sarfaraz Ahmed, Saifullah Shaikh, Hussain Amar, and Qamar Abbas Mangi. "The Classification of Sharia Assets and Performance of Financial Portfolio." Turkish Journal of Islamic Economics 8, no. 2 (August 15, 2021): 517–30. http://dx.doi.org/10.26414/a179.
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The paper investigates the Shariah compliant and conventional portfolios in financial settings of Pakistan during the period 2009-2019 by using Markowitz Minimum-Variance (MMV) framework. Using daily excess returns, we first investigate the impact of Shariah screening criteria on stock returns then we evaluate the overall risk of Shariah compliant and conventional portfolios. The results reveal negative impact of Shariah screening criteria on stock returns’ cross-section. Further, unconstrained portfolio investment strategy outperforms faithbased investing. Finally, the findings of the study suggest that induction guidelines employed in PSX for companies to be listed in Shariah compliant index needs to be reviewed to practically attain the objectives of Islamic moral economy such as avoiding Gharar (uncertainty) and Maysir (speculation). More importantly formulate a criterion that truly reflects Islamic principles of investing. In addition, more could also be done to educate investors about Shariah compliant stocks and enhance the projection of Shariah compliant index. Secondly, our study also indicates that investors that prefer faith based investing should be aware of the costs of faith investment in PSX. Investors can encounter additional costs while investing in Shariah compliant stocks. Moreover, these additional costs are driven high risk and low performance of faith portfolios.
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Widyanto, Hanif Adinugroho, and Muhammad Khalil Irfanur. "FAITH-BASED MARKETING: ANTECEDENTS OF PURCHASE INTENTION FOR HALAL-CERTIFIED PERSONAL CARE PRODUCTS." Jurnal Muara Ilmu Ekonomi dan Bisnis 3, no. 2 (October 30, 2019): 421. http://dx.doi.org/10.24912/jmieb.v3i2.7338.
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Tujuan dari penelitian ini adalah untuk menemukan faktor-faktor yang mempengaruhi minat membeli konsumen terhadap produk perawatan pribadi yang tersertifikasi halal. Faktor-faktor yang mempengaruhi niat membeli konsumen adalah religiusitas, kesadaran halal, sertifikasi halal, persepsi pribadi tentang masyarakat, dan pemasaran halal. Penelitian ini menggunakan metode survei dengan kuesioner sebagai instrumen untuk mengumpulkan data dan diberi skor menggunakan Skala Likert dan dianalisa dengan metode regresi berganda pada aplikasi SPSS 24. Penelitian ini dilakukan di wilayah Jabodetabek dengan total 309 responden. Hasil penelitian ini menunjukkan bahwa religiusitas dan kesadaran halal tidak memiliki pengaruh signifikan terhadap niat beli untuk produk perawatan pribadi bersertifikat halal. Selain itu, sertifikasi halal, persepsi pribadi dan masyarakat, dan pemasaran halal ditemukan memiliki pengaruh signifikan terhadap niat pembelian produk perawatan pribadi bersertifikat halal. Semua variabel memiliki pengaruh signifikan secara simultan terhadap niat pembelian produk perawatan pribadi bersertifikat halal. Hasil dari penelitian ini dapat memberikan masukan bagi perusahaan terkait pentingnya melakukan sertifikasi halal bagi produk perawatan pribadi yang mereka produksi agar dapat meningkatkan minat membeli konsumen, dan menentukan secara tepat strategi pemasaran mereka. The purpose of this research was to find out the factors influencing consumer’s purchase intention toward halal-certified personal care products. The factors influencing consumer’s purchase intention investigated in this study were religiosity, halal awareness, halal certification, personal societal perception, and halal marketing. This research is a quantitative research with questionnaire as the instrument to gather the data and was scored using the Likert Scale and analyzed with multiple regression on SPSS 24. This research was conducted in the Greater Jakarta area with a total of 309 respondents. The results of this research showed that religiosity and halal awareness had no significant influence toward purchase intention for halal-certified personal care products. Additionally, personal societal perception, halal certification, and halal marketing were found to have significant influences toward purchase intention of halal-certified personal care products. Finally, all the variables had simultaneously significant influence on purchase intention of halal-certified personal care products. The results of this study could provide companies with a valuable insight regarding the importance of and urgency for halal-certifying their personal care products to improve customer’s purchase intention, and to set their marketing strategy accordingly.
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Aoun, Isabelle, and Laurent Tournois. "Building holistic brands: an exploratory study of Halal cosmetics." Journal of Islamic Marketing 6, no. 1 (March 9, 2015): 109–32. http://dx.doi.org/10.1108/jima-05-2014-0035.
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Purpose – Branding in faith-based consumer markets, in which marketing practices, religion, and consumption intersect, is largely unexplored. The purpose of this paper is to investigate how brands integrate religious concerns into their strategies through Halal branding. The central logic of authors’ view is that branding applied in a particular consumer market (i.e., Muslim) could enrich dominant (Western) branding theory. Design/methodology/approach – Although challenging, qualitative research offers a valuable lens in international marketing research in allowing researchers to study organizations and contexts in their natural settings, enabling a more holistic approach, instead of imposing one’s culturally informed pre-conceptions (Boyacigiller and Adler, 1991). In this regard, a multiple case study approach considering Halal cosmetic brands is used. A replication logic is applied in interpreting the data. Findings – Holistic branding is a broader concept than what mainstream theory acknowledges; brand attributes go beyond the functional and emotional, offering insights into a spiritual dimension. The proposed model identifies attributes that reflect the brand’s worldview and contribute to holistic branding: spiritual ethos and belief system, sustainable and eco-ethical philosophy, wholesomeness and inclusiveness. Research limitations/implications – This exploratory research represents the initial step for faith-based/Halal branding; the discussion is confined to the cases under study. The results are not conclusive and require further empirical research to validate their broader applicability. Practical implications – The study highlights the need for a comprehensive approach to branding of faith-based products. The Halal market (cosmetics and toiletries) may be attractive to companies that seek to widely develop products targeting faith-based Muslim consumer markets. Originality/value – The study contributes to an area of growing concern from an academic point of view (i.e. Halal branding) by proposing to add a spiritual dimension to holistic branding. Several questions remain and should stimulate further research. Hence, researchers would be able to understand more clearly the meaning of the religious environment and the impact that environmental forces are likely to exert on business decisions.
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Brisov, Yu V. "Responsibility of the Executive Body of a Legal Entity for Fraud." Actual Problems of Russian Law, no. 9 (October 5, 2019): 174–84. http://dx.doi.org/10.17803/1994-1471.2019.106.9.174-184.
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The paper discusses various legislative and enforcement approaches in the Russian Federation, USA, and Great Britain; compares the various provisions of the Plenums of the Supreme Arbitration Court of the Russian Federation and the Armed Forces of the Russian Federation on issues of good faith; analyzes the application of these provisions by the courts when considering issues of holding directors to account as a result of malpractice that entailed property damage. By the example of consideration of a number of key cases from the law enforcement practice of the courts of the Anglo-American system of law, the question of the use of tests is considered: objective and subjective integrity tests to regulate the issue of holding the executive body accountable. English and American courts resort to the criterion of good faith in very rare cases, and the fiduciary duty of directors in commercial companies was significantly limited. The approach used by the common law courts implies a minimal degree of court interference in the economic affairs of commercial companies. Holding the director accountable is allowed only in case of obvious neglect of duties or is considered in some cases based on the specific circumstances of the case. Russian courts often hold directors accountable not as a result of gross negligence or proven intentional actions by executive bodies to harm the company, but as a result of society not achieving the desired economic result. Besides, dishonesty compensates for obvious gaps in the internal corporate routine, which do not make it possible to precisely determine the boundaries of authority and the area of responsibility of the executive body. The author formulates a conclusion on the degree of admissible judicial discretion when applying the provisions on good faith to corporate relations as requiring special regulation.
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Sorokin, Maxim A., Mariia G. Grigorieva, and Sevilbaa D. Oorzhak. "Final “Beneficiaries” and Main Creditors of Loss-Making “Entrepreneurial” Activities." Vestnik Tomskogo gosudarstvennogo universiteta. Ekonomika, no. 55 (2021): 119–47. http://dx.doi.org/10.17223/19988648/55/8.
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This article examines loss-making entrepreneurial activity, which is understood as the entrepreneurial activity of companies that have shown unprofitable results of their economic activities for several periods. The reasons for this can be different, such as using the company as cost centers in a group of companies; reflection of incomplete profits through transfer pricing, cost reduction (payment of taxes, fines), falsification of reporting data, etc. The main, final “beneficiaries” and “creditors” of companies’ activities are the state and foreign investors. They deal with the consequences of such activities that range from a decrease in tax revenues to a distortion of official statistics that serve as an important signal for economic policy. Consequently, there is a need to assess the performance of such unprofitable companies. The aim of the article is to develop methodological aspects of measuring the scale of shadow economic activity, identify problems in such a complex and multifaceted process, and propose ways to solve them. The calculation methodology is based on the analysis of the dynamics of the development of companies in Tomsk Oblast in the period from 1991 till 2021. The results of unprofitable “entrepreneurial” activities are assessed based on the analysis of the economic efficiency of 83,549 companies in Tomsk Oblast. The Index of Bad Faith is made to assess the size of the shadow economy as a percentage of GRP. It combines the factors of income from entrepreneurial activities (data on it is distorted), hired workers (unregistered or hidden from the authorities), and envelope wages. The share of the retained number of inactive companies for 10 years is found, minus the rate of natural decline in the number of companies in the total number of retained companies for 10 years from 1991 till 2001 and from 2001 till 2021. The average value obtained for these two periods is the size of the Index of Bad Faith equal to 39% and showing an upward trend. The index retains its structure and is working regardless of the organizational and legal form and industry of the enterprise, which is proved by the example of unitary enterprises and companies in the construction industry. The results of the study show that most of the existing methods are applicable to assess the state as a whole, and, due to the lack of indicators, they cannot be applied in assessing the shadow economy of the region. The proposed Index can be used to assess the shadow digital economy in the regions. Methods for minimizing such “unprofitable activities” were also proposed: creating an information accounting and analytical system, reducing the tax burden, systematizing the processes and accounting for the registration of companies in order to prevent the formation of new ones after admitting the reasons for unfair business conduct of the previous ones in terms of evasion in repaying debts to creditors, etc.
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Mashdurohatun, Anis, Lenny Mutiara Ambarita, and Gunarto. "Reconstruction of Roles and Responsibilities of The Board of Directors in Share Repurchase in Limited Liability Company Based on Fair Values." JOURNAL OF SOCIAL SCIENCE RESEARCH 15 (January 25, 2020): 27–33. http://dx.doi.org/10.24297/jssr.v15i.8527.
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This research aims to find out the roles and responsibilities of the board of directors in repurchasing shares in limited companies that have not been fair and to reconstruct the roles and responsibilities of the board of directors in repurchasing shares in limited companies based on fair values. This research is a sociolegal research, that is, an alternative approach that tests doctrinal studies of law. The word 'socio' in sociolegal represents the correlation between the context in which the law is located (an interface with a context within which law exists). It was found that the Board of Directors is jointly and severally liable for losses suffered by shareholders in good faith, arising from repurchases that are null and void due to the law. This does not provide fair/balanced legal protection for the parties. The fair values in buying shares are to provide balanced and proportional legal protection. Reconstruction of the roles and responsibilities of the Board of Directors in the repurchase of shares in a limited company based on fair values by carrying out reconstruction of Article 37 paragraph (3) and (5) of Law Number 40 Year 2007 concerning Limited Liability Companies.
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Fones-Wolf, Elizabeth, and Ken Fones-Wolf. "Managers and Ministers: Instilling Christian Free Enterprise in the Postwar Workplace." Business History Review 89, no. 1 (2015): 99–124. http://dx.doi.org/10.1017/s0007680515000070.
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This article examines the early industrial chaplain movement. In the midst of a postwar religious revival, companies, primarily in the South, hired Protestant ministers to care for their workers' spiritual needs. Many were motivated by both religious convictions and the desire to build a productive, loyal workforce. The opposition of unions and liberal Protestantism slowed the movement's growth, although over the last three decades thousands of employers have rediscovered the benefits of faith-based workplace programs. This article illuminates important postwar trends such as the persistence of paternalism and the importance of religion in managerial strategies.
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Rust, Roland T., Anthony J. Zahorik, and Timothy L. Keiningham. "Return on Quality (ROQ): Making Service Quality Financially Accountable." Journal of Marketing 59, no. 2 (April 1995): 58–70. http://dx.doi.org/10.1177/002224299505900205.
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Many companies have been disappointed by a lack of results from their quality efforts. The financial benefits of quality, which had been assumed as a matter of faith in the “religion of quality,” are now being seriously questioned by cost-cutting executives, who cite the highly publicized financial failures of some companies prominent in the quality movement. In this increasingly results-oriented environment, managers must now justify their quality improvement efforts financially. The authors present the “return on quality” approach, which is based on the assumptions that (1) quality is an investment, (2) quality efforts must be financially accountable, (3) it is possible to spend too much on quality, and (4) not all quality expenditures are equally valid. The authors then provide a managerial framework that can be used to guide quality improvement efforts. This framework has several attractive features, including ensured managerial relevance and financial accountability.
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Pramana, Raditya Triatmaji, and Bambang Dwi Baskoro. "The Board of Directors' Criminal Liability for Companies Which Declared On Bankruptcy." Jurnal Daulat Hukum 4, no. 4 (November 24, 2021): 239. http://dx.doi.org/10.30659/jdh.v4i4.17784.
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Bankruptcy is regulated in Act No. 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations (PKPU). In the regulation, the company is declared bankrupt, meaning that when the debtor (debt owner) has two or more creditors (debtors) who do not pay debts that are due and can be collected (cause of bankruptcy). The responsibility of the Board of Directors whose company is experiencing bankruptcy is in principle the same as the responsibility of the Board of Directors whose company is not experiencing bankruptcy. Bankruptcy status applies when there is a decision of the Commercial Court, whether it comes from the application itself or one or more creditors. After being declared bankrupt, the court decided to sell all of the company's assets, the proceeds of which were used to pay the debtors' obligations that were already bankrupt to the creditors. Based on the aforementioned background, a problem can be drawn as follows: What is the liability of the directors who are declared bankrupt? How can the board of directors be declared negligent or wrong which results in the corporation being declared bankrupt? The approach method used in writing this law is normative juridical or also called doctrinal law research. The research specification in this writing is descriptive-analytic. Based on the results of the research, it can be concluded that the Board of Directors is not personally responsible for the actions committed for and on behalf of the Company based on their authority. This is because the actions of the Board of Directors are seen as actions. The Board of Directors is said to have been wrong or negligent which resulted in the Company being declared bankrupt, namely the lack of good faith by the directors to pay off debts to creditors. The Board of Directors neglected to pay off debts to creditors.
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Caridad y López del Río, Lorena, María de los Baños García-Moreno García, José Rafael Caro-Barrera, Manuel Adolfo Pérez-Priego, and Daniel Caridad y López del Río. "Moody’s Ratings Statistical Forecasting for Industrial and Retail Firms." Economies 9, no. 4 (October 15, 2021): 154. http://dx.doi.org/10.3390/economies9040154.
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Long-term ratings of companies are obtained from public data plus some additional nondisclosed information. A model based on data from firms’ public accounts is proposed to directly obtain these ratings, showing fairly close similitude with published results from Credit Rating Agencies. The rating models used to assess the creditworthiness of a firm may involve some possible conflicts of interest, as companies pay for most of the rating process and are, thus, clients of the rating firms. Such loss of faith among investors and criticism toward the rating agencies were especially severe during the financial crisis in 2008. To overcome this issue, several alternatives are addressed; in particular, the focus is on elaborating a rating model for Moody’s long-term companies’ ratings for industrial and retailing firms that could be useful as an external check of published rates. Statistical and artificial intelligence methods are used to obtain direct prediction of awarded rates in these sectors, without aggregating adjacent classes, which is usual in previous literature. This approach achieves an easy-to-replicate methodology for real rating forecasts based only on public available data, without incurring the costs associated with the rating process, while achieving a higher accuracy. With additional sampling information, these models can be extended to other sectors.
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Barom, Mohd Nizam. "Understanding the Motivation to Invest: A Profile Analysis of Islamic Funds’ Investors." Journal of Muamalat and Islamic Finance Research 16, no. 2 (December 1, 2019): 48–59. http://dx.doi.org/10.33102/jmifr.v16i2.222.
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This paper seeks to provide a preliminary profile analysis of investors of Islamic funds based on their underlying motivation to invest, which at present received little interest in the literature. The experience of faith-based and socially responsible investment clearly reveals the heterogeneity of investors with divergent investment motives, and this is highly likely to be true among Islamic funds’ investors as well. For this purpose, the study surveys Investors of Islamic funds from three fund management companies in Malaysia with a total sample of 451 respondents. The profiling employs a cluster analysis of the respondents using religion, percentage invested in Islamic funds, and four potential motivations to invest. The result shows a possible segmentation of the investors into three groups, with Muslim investors being segmented into two categories, ‘committed’ and ‘pragmatic’ investors, while the third category being the ‘non-Muslim’ investors. The clusters represent a clear distinction between the three groups in terms of their commitment to Shariah principles in investment, the importance of earning halal vis-à-vis high returns, and the benefits of diversification between Islamic and conventional funds. The findings provide valuable insights for fund management companies in terms of understanding the different segments of investors and their issues of concerns for better investment services, product innovation and offering, as well as marketing strategies.
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Siallagan, Arnol Faisal, and Taufik Siregar. "Tinjauan Yuridis terhadap Penyelesaian Wanprestasi Perjanjian Asuransi dalam Putusan No. 537/Pdt.g/2013/PN.MDN." Jurnal Ilmiah Penegakan Hukum 4, no. 1 (January 13, 2019): 1. http://dx.doi.org/10.31289/jiph.v4i1.1949.
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<p class="1judul"><em>Juridical Review Of Completion Of Insurance Agreement Wanprestation in No. 537/Pdt.g/2013/PN.MDN</em></p><p class="JudulAbstrakInggris">Abstract</p><h1>Insurance is a legal term (legal term) used in legislation and insurance companies. The term insurance comes from the word "insurance" which means insurance or protection of an object from the threat of danger that causes loss. Insurance institutions are known in Indonesia since the entry of European countries to Indonesia. Insurance institutions officially enter Indonesia since the enactment of the Criminal Procedure Code which applies to Indonesia on the basis of the concordance principle contained in Stb. 1943 No. 23 which was promulgated on April 30, 1947, and entered into force on May 11, 1948. This type of research is normative juridical and analytical descriptive in nature. Sources of data obtained in this study through secondary data, and data analysis in the study using qualitative data analysis. Based on the results of research conducted by the author, insurance companies are only responsible for losses suffered by policyholders, if the loss is not made due to intentional. In agreements between insurance companies and agents, each has rights and obligations that must be carried out in good faith. Dispute settlement agency agreement is carried out with 4 stages, first, deliberation stage, second, warning stage, third, unilateral termination stage, fourth, compensation stage.</h1>
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Arli, Denni I., and Fandy Tjiptono. "Consumer ethics, religiosity, and consumer social responsibility: are they related?" Social Responsibility Journal 14, no. 2 (June 4, 2018): 302–20. http://dx.doi.org/10.1108/srj-03-2016-0036.
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Purpose In the past few years, companies have made significant contributions towards Corporate Social Responsibilities (CSR) as a strategy to improve business image. Nonetheless, many of these strategies have been unsuccessful because companies have failed to recognise the importance of consumers’ ethical beliefs and their religiosity in forming their perception towards CSR. Thus, the purpose of this study is to explore the level of importance of consumers’ ethical beliefs and social responsibilities (CnSR) and to examine the impact of consumers’ religiosity and ethical beliefs on CnSR. Design/methodology/approach Data were derived from a sample of undergraduate and postgraduate students at three large universities (i.e. one public and two private universities) in Yogyakarta, Indonesia (N = 416). Indonesia is the largest Muslim population in the world. Findings 7The study found that consumers value social responsibilities differently and that not all dimensions are important. Moreover, consumer ethical beliefs and religiosity significantly influence CnSR. The results of this study will contribute to the debate on consumer ethics and social responsibility research. Research limitations/implications The current study has some limitations which, in turn, provide avenues for future research. The research context (one city in one country) may limit its generalizability. Future studies may focus on more cities and/or cross-country sections (developed versus developing countries) as well as use non-student populations. Practical implications Companies operating in Indonesia need to respect and value religiosity in Indonesia. Collaborating with a faith-based institution may help improve the effectiveness of CSR programmes launched by companies. Originality/value This is one of the first few studies exploring CSR in Indonesia.
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Kunnas, Jan. "Trail-Blazer Dependency – A Roadmap for the Sustainability Revolution." Global Environment 13, no. 2 (June 15, 2020): 317–37. http://dx.doi.org/10.3197/ge.2020.130204.
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While geologists are still considering whether the Anthropocene should be accepted as a formal geological epoch, it is up to us humanists to search for ways making this human era a good one. In this article, I will examine how we can use historical research to provide such tracks based on past regularities or similarities. Positive success stories from the past can at least provide faith that we can do something about our current environmental problems. This investigation is based on two case studies: the Tesla Model S electric car, and the Swedish pulp and paper industry's transition to chlorine-free bleaching. It argues that the sustainability revolution doesn't just share similarities with the quality movement of the 1970s and 1980s, but is essentially a continuation of it. In concordance with previous megatrends, the major benefit of the sustainability revolution will be reaped by countries and companies running ahead of the curve. A new term, 'trail-blazer dependency' is introduced; by setting an example, the first-movers are opening a trail for late-comers to follow.
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Tbn, Sisca Pratiwi. "Sistem Pembiayaan Mitraguna Berkah pada PT. Bank Syariah Indonesia KCP Medan Setia Budi." Al-Kharaj : Jurnal Ekonomi, Keuangan & Bisnis Syariah 5, no. 2 (August 8, 2022): 704–8. http://dx.doi.org/10.47467/alkharaj.v5i2.1214.
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Financing and activity of a sharia bank in disbursing funds to parties other than banks based on sharia principles. Raise the money What the World Bank has to offer helps meet people's needs. Fund distribution in the form of financing is carried out in good faith. Transferred from the owner of the funds to the user. One of them is Doctor And retirement. The purpose of this discussion is to find out how the system works. Mitraguna Berkah Financing Funding, further requirements for Submission of Mitraguna Blessing Financing, and Constraints and solutions in the financing process Mitraguna Berkah. Syariah Indonesia is Mitraguna Berkah with components - Cooperation agreements and components to conclude my agreement to take action at Bank Syariah Indonesia Kcp. Medan Setia Budi Namely with Bank Syariah Indonesia The process of distributing funds to companies or agencies, then to employees. Furthermore, there are requirements for the financing system of Bank Syariah Indonesia Mitraguna Berkah.
Keywords: financing , sharia ban. sharia principles
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Halla, Slavomír. "Non-Signatories in International Commercial Arbitration: Contesting the Myth of Consent." International and Comparative Law Review 18, no. 2 (December 1, 2018): 59–84. http://dx.doi.org/10.2478/iclr-2018-0038.
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Abstract Consent, the final frontier. International commercial arbitration is a dispute resolution mechanism embedded in consent of the parties involved. Presentation of such a mutual understanding is done through an arbitration agreement. However, the aim of this paper is to analyse whether its contractual, indeed consensual, nature is the only element which the courts use to identify the subjects who may compel or must be compelled to arbitrate disputes, or whether they employ other considerations as well. The paper will focus on extension doctrines which might be less known even to a professional audience: piercing of the corporate veil, estoppel & group of companies. A review of selected case law leads to a conclusion that consent-finding analysis is definitely a starting point of any analysis. However, at the same time courts and arbitrators do indeed use tools of contract interpretation and the ones based on equity or good faith considerations to establish, and exceptionally force, the implication of consent far beyond what is obvious.
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Tbn, Sisca Pratiwi. "Sistem Pembiayaan Mitraguna Berkah pada PT Bank Syariah Indonesia Kcp Medan Setia Budi." ManBiz: Journal of Management and Business 1, no. 1 (May 29, 2022): 41–45. http://dx.doi.org/10.47467/manbiz.v1i1.1631.
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Financing and activity of a sharia bank in disbursing funds to parties other than banks based on sharia principles. Raise the money What the World Bank has to offer helps meet people's needs. Fund distribution in the form of financing is carried out in good faith. Transferred from the owner of the funds to the user. One of them is Doctor And retirement. The purpose of this discussion is to find out how the system works. Mitraguna Berkah Financing Funding, further requirements for Submission of Mitraguna Blessing Financing, and Constraints and solutions in the financing process Mitraguna Berkah. Syariah Indonesia is Mitraguna Berkah with components - Cooperation agreements and components to conclude my agreement to take action at Bank Syariah Indonesia Kcp. Medan Setia Budi Namely with Bank Syariah Indonesia The process of distributing funds to companies or agencies, then to employees. Furthermore, there are requirements for the financing system of Bank Syariah Indonesia Mitraguna Berkah.
Keywords: disbursing funds, financing, sharia bank
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Sudiyana and D. P. B. Asri. "Application of The Corporate Viel Piercing Principle in the Company for Forest and Land Burning." IOP Conference Series: Earth and Environmental Science 1030, no. 1 (June 1, 2022): 012019. http://dx.doi.org/10.1088/1755-1315/1030/1/012019.
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Abstract Forest and land fires generally carried out by concession holders in recent years are very detrimental to the community, nation, and state. The purpose of this paper is to analyze and elaborate application of the principle of piercing the corporate veil for companies on forest and land burning and who should be responsible for the loss of society. Because it corresponds to the concept of the rule of law as a system of laws and regulations, the approach adopted is normative law. Primary, secondary, and tertiary legal materials are used in the research. The results of this study are that in the case of a forest and land burning company, based on Article 3 number 2 in particular letters b and c of Law 40/2007, the principle of limited liability for shareholders does not apply if the shareholder concerned either directly or indirectly in bad faith uses The Company for personal interest and or the shareholders concerned are involved in unlawful acts committedby the Company.
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Olohan, Maeve, and Elena Davitti. "Dynamics of Trusting in Translation Project Management: Leaps of Faith and Balancing Acts." Journal of Contemporary Ethnography 46, no. 4 (October 4, 2015): 391–416. http://dx.doi.org/10.1177/0891241615603449.
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This paper examines the work of project managers in two UK-based translation companies. Drawing on participant observation, interviews, and artifacts from field sites, our analysis focuses on the ways in which trust is developed and maintained in the relationships that project managers build, on the one hand, with the clients who commission them to undertake translation projects, and, on the other, with freelance translators who perform the translation work. The project manager’s ability both to confer and to instill trust is highlighted as key to the successful operation of the company. Conceptualizing trust as a dynamic process, we consider what this process of trusting entails in this context: positive expectations vis-à-vis the other parties; willingness to expose oneself to vulnerabilities; construction of bases for suspending doubts and uncertainties (leaps of faith). We observe the important role of communication and discursive strategies in building and maintaining trust and draw conclusions for translator education.
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Kosorukova, Olga D., and Nikolay N. Prokimnov. "Modeling the impact of significant facts on the level of capitalization of Russian companies." Journal Of Applied Informatics 17, no. 1 (97) (January 30, 2022): 117–29. http://dx.doi.org/10.37791/2687-0649-2022-17-1-117-129.
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he article 30 of the Federal Law "On the Securities Market" establishes that significant facts are information that, if disclosed, may have a significant impact on the value or quotations of the issuer's securities and (or) on the decision to acquire or alienate the issuer's securities by any interested person acting reasonably and in good faith. At the same time, there are very few empirical studies proving the influence of significant facts on the value or quotations of securities of Russian issuers. Modeling of such influence in order to manage the value and capitalization level of Russian issuers is advisable for investors, owners and management of Russian public joint stock companies to study the possibilities of managing the value and capitalization level of companies. The solution to this problem is based on measuring the results of the joint-stock company's activities and publicly disclosing the information necessary for making managerial decisions, which in the Russian Federation includes, among other things, significant facts. Significant facts are events that can change the current state of the company, in particular, affect such an indicator of its activity as the level of capitalization, therefore, affect the decisions made by the interested person. A few studies on the impact of significant facts on the level of capitalization of Russian companies have already been conducted earlier, however, since their implementation, a number of regulatory documents have come into force that change the legislative environment and affect, among other things, the composition of mandatory registration and disclosure of significant facts. This paper presents the results of a study aimed at establishing a list of the most significant events characteristic of companies' activities, identifying events that are universal in terms of the frequency of occurrence and significance of consequences, and finding out whether there is a connection between their occurrence and the effects caused in the form of changes in the values of financial indicators. For the research, data from 20 large Russian companies representing the oil and gas, metallurgical, chemical and energy industries were used, and received in the form of reports for the period following the introduction of changes in the regulatory environment.
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Koropets, Nadezhda V. "CHALLENGES AND TASKS OF THE LEGAL REGULATION OF ELECTRIC POWER AND CAPACITY TRADING IN THE WHOLESALE MARKET." Energy law forum 3 (October 8, 2020): 44–50. http://dx.doi.org/10.18572/2312-4350-2020-3-44-50.
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The legal regulation of trading in the wholesale electric power and capacity market is based on the Law on the Electric Power Industry and the Wholesale Electric Power and Capacity Market Regulations. The peculiarities of legal regulation established by the Federal Law “On Insolvency (Bankruptcy)” should also be considered. As of March 17, 2020, the List of Wholesale Market Actors Undergoing Bankruptcy Proceedings included 40 companies. Poor payment behavior in the wholesale electric power and capacity market is one of the main issues. Failure to pay does not only affect the settlement status in the market, but also leads directly to an unscrupulous market player being declared insolvent. In this case, the existing legal regulation does not guarantee protection against wholesale electric power and capacity market transactions being disputed unreasonably. It seems that the best way to prevent transactions from being disputed in bad faith is to amend the current revision of Article 61.4 of the Bankruptcy Law by adding provisions stating in which cases transactions required by the wholesale electric power and capacity market rules cannot be disputed.
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Koropets, Nadezhda V. "Challenges and Tasks of the Legal Regulation of Electric Power and Capacity Trading in the Wholesale Market." Energy law forum 3 (October 8, 2020): 97–102. http://dx.doi.org/10.18572/2410-4396-2020-3-97-102.
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The legal regulation of trading in the wholesale electric power and capacity market is based on the Law on the Electric Power Industry and the Wholesale Electric Power and Capacity Market Regulations. The peculiarities of legal regulation established by the Federal Law “On Insolvency (Bankruptcy)” should also be considered. As of March 17, 2020, the List of Wholesale Market Actors Undergoing Bankruptcy Proceedings included 40 companies. Poor payment behavior in the wholesale electric power and capacity market is one of the main issues. Failure to pay does not only affect the settlement status in the market, but also leads directly to an unscrupulous market player being declared insolvent. In this case, the existing legal regulation does not guarantee protection against wholesale electric power and capacity market transactions being disputed unreasonably. It seems that the best way to prevent transactions from being disputed in bad faith is to amend the current revision of Article 61.4 of the Bankruptcy Law by adding provisions stating in which cases transactions required by the wholesale electric power and capacity market rules cannot be disputed.
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Siregar, Riska Fitriani, Muhammmad Citra Ramadhan, and Marsella Marsella. "Pertanggungjawaban Perusahaan Asuransi Terhadap Pemegang Polis Yang Mengalami Status Polis Lapse (Kehilangan) Akibat Kelalaian Agen Dalam Pembayaran Angsuran Premi (Studi Kasus Putusan No.320/Pdt.G/2019/PN Mdn)." ARBITER: Jurnal Ilmiah Magister Hukum 4, no. 1 (June 16, 2022): 91–104. http://dx.doi.org/10.31289/arbiter.v4i1.1207.
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In Insurance there is an insurance agreement, explained in the Civil Code: there is an "agreement" which is a condition that must be fulfilled for an agreement to be valid, an insurance agreement will form a legal relationship that is reflected in the agreement, an agreement that regulates terms and obligations, the importance of insurance in its development to advance the development of insurance. Paying premiums is not on time, so the insurance claim submitted is rejected by the company, because it is already in a state of lapse. Not paying is not the insured's fault, but the agent's fault for not depositing the premium to the company. This study aims to determine how agents are arranged in insurance companies in Indonesia and how are insurance companies accountable to customers who experience policy lapse due to agent negligence in paying premiums (Decision No.320.G/2019/PN Mdn). The research method of this thesis was carried out based on reading sources, laws, books, internet, journals, field research, directly conducting research to the Medan District Court with interviews. The results of the study explain that the defendant (PT. Prudential life Assurance) is completely irresponsible and there is no good faith towards the plaintiff (yurnawilis) claiming the insured late. Ambun Sari (the plaintiff's biological mother), the case was also declared obscuur libel (blurred) posita and the plaintiff's petitum are not related, it does not mean that the defendant is not responsible for the insurance claim.
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Purba, Eduward. "Paradigma Pentingnya Pengajaran Doktrin Sebagai Bagian dari Total Quality Management dan Adaptasi Gereja." MAGNUM OPUS: Jurnal Teologi dan Kepemimpinan Kristen 2, no. 1 (December 31, 2020): 27–35. http://dx.doi.org/10.52220/magnum.v2i1.70.
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The church has not implemented many quality management (TQM) in its institutions because it is considered that this is only for companies that aim to profit. Whereas profit is not TQM orientation but customer satisfaction. The importance of TQM is due to the rapidly changing world and the presence of competitors from both similar and different institutions. One of the products offered by the church is teaching-based, especially the basic doctrines of the Christian faith. This is rarely done by the church, it can be seen from the absence of writings that discuss the doctrine of doctrine as part of church quality management and as an adaptation of the church in dealing with competitors. The approach used in this paper is a qualitative grounded research method; the reason is, that there has not been found a paper that presents the teaching of the basic doctrines of the Christian faith as part of the implementation of TQM in the Church. The results found that teaching the basic doctrines of the Christian faith has made the Church in general able to survive for thousands of years in the midst of various teaching attacks from both internal and external to the Church. The conclusion is that the teaching of the doctrine of the Christian faith is the main product of the Church in satisfying the congregation to ensure that the congregation remains part of the holy community, namely the Church, as well as being an important part of showing the quality of the Church.AbstrakGereja belum banyak yang menerapkan majemen mutu (TQM) di dalam lembaganya karena dianggap hal tersebut hanya untuk perusahaan yang bertujuan profit. Padahal profit bukan orien-tasi TQM tetapi kepuasaan pelanggan. Pentingnya TQM dikarenakan dunia yang cepat berubah dan hadirnya kompetitor baik dari lembaga sejenis maupun yang berbeda. Salah satu produk yang ditawarkan gereja adalah berbasis pengajaran, khususnya doktrin dasar iman Kristen. Hal ini jarang dilakukan gereja, terlihat dari belum adanya tulisan yang mengangkat bahasan peng-ajaran doktrin merupakan bagian dari manajemen mutu gereja serta sebagai adaptasi gereja dalam menghadapi kompetitor. Pendekatan yang digunakan dalam tulisan ini adalah kualitatif dengan metode grounded research; alasannya, karena belum ditemukan sebuah tulisan yang menyajikan pengajaran doktrin dasar iman Kristen merupakan bagian dari implementasi TQM di dalam Gereja. Hasil yang ditemukan bahwa, pengajaran doktrin dasar iman Kristen telah membuat Gereja secara umum dapat bertahan selama ribuan tahun di tengah berbagai serangan pengajaran baik dari internal dan eksternal Gereja. Kesimpulan yang diperoleh adalah, pengajaran doktrin iman Kristen merupakan produk yang utama dari Gereja dalam memuaskan jemaat untuk menjamin jemaat tetap menjadi bagian dari persekutuan kudus yaitu Gereja, selain juga merupakan bagian penting untuk menujukkan kualitas Gereja itu.
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Hu, Yi-Chung, Yu-Jing Chiu, Chung-Sheng Hsu, and Yu-Ying Chang. "Identifying Key Factors for Introducing GPS-Based Fleet Management Systems to the Logistics Industry." Mathematical Problems in Engineering 2015 (2015): 1–14. http://dx.doi.org/10.1155/2015/413203.
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The rise of e-commerce and globalization has changed consumption patterns. Different industries have different logistical needs. In meeting needs with different schedules logistics play a key role. Delivering a seamless service becomes a source of competitive advantage for the logistics industry. Global positioning system-based fleet management system technology provides synergy to transport companies and achieves many management goals such as monitoring and tracking commodity distribution, energy saving, safety, and quality. A case company, which is a subsidiary of a very famous food and retail conglomerate and operates the largest shipping line in Taiwan, has suffered from the nonsmooth introduction of GPS-based fleet management systems in recent years. Therefore, this study aims to identify key factors for introducing related systems to the case company. By using DEMATEL and ANP, we can find not only key factors but also causes and effects among key factors. The results showed that support from executives was the most important criterion but it has the worst performance among key factors. It is found that adequate annual budget planning, enhancement of user intention, and collaboration with consultants with high specialty could be helpful to enhance the faith of top executives for successfully introducing the systems to the case company.
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Bair, Jennifer. "Dialectics of dissociation." Dialogues in Human Geography 9, no. 1 (March 2019): 68–72. http://dx.doi.org/10.1177/2043820619831130.
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In their discussion of ‘dissociation’, Ibert et al. ((2019) Geographies of dissociation: value creation, ‘dark’ places, and ‘missing’ links. Dialogues in Human Geography.) explore the negative side of branding—that is, the efforts companies take to avoid being identified with problems such as labor exploitation or environmental degradation. Because the introduction of unwanted associations into the semiotic circuit threatens the value of brands, brand owners engage in both proactive and reactive relational work to insulate brand assets from such threats. In this commentary, I explore the development of supply chain corporate social responsibility through the lens of dissociations. Civil society organizations, such as trade unions, student groups, faith-based organizations, and so on, that target brands by highlighting problems in their supply chains are engaged in a struggle over value. One way that brand owners try to counter this reputational threat is by accepting, albeit to varying degrees, the principle that they are responsible for maintaining labor or environmental standards along the supply chain. I ask whether this development signals a shift in the terrain of struggle between brands and their critics, and what such a shift might imply about the limits of dissociation as a corporate practice.
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Anam, Mohammad Choirul. "Pertanggungjawaban Direksi dan Komisaris dalam Kepailitan berdasarkan Prinsip Pierching The Corporate Veil." YUSTISIA MERDEKA : Jurnal Ilmiah Hukum 7, no. 1 (April 15, 2021): 52–58. http://dx.doi.org/10.33319/yume.v7i1.64.
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This study aims to analyze assistance regarding the application of the principle of veil piercing to the Directors and Commissioners of the Company according to Law Number 40 of 2007 concerning Limited Liability Companies for bankruptcy work. This legal research uses juridical normative legal research which is descriptive analytical with a conceptual approach and an invited approach. Legal materials techniques use library research (library research) and are analyzed using qualitative analysis. Based on the results of the research, it shows that the enforcement violates the corporate veil, to protect the rights of shareholders for actions carried out by company organs such as Directors and commissioners who act not in accordance with company objectives. In carrying out their duties, the Board of Directors and commissioners must be based on good faith, caution and a sense of full responsibility towards the company. If the Board of Directors and Commissioners are negligent in carrying out their duties, resulting in the bankruptcy of the company. Directors and Commissioners may be subject to the principle of penetrating the corporate veil, namely personal liability to the personal assets of the Directors and Commissioners for losses incurred by the company and shareholders. This principle is used to protect the interests of the company and shareholders from actions that could harm the company by the Directors and CommissionersKeywords—: Pierching the Corporate Veil’s Principles; Responsibility; Directors; Commissioners; Bankruptcy.
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Zainuddin, Zaemah, and Norhafiza Nordin. "ADDRESSING GOVERNANCE ISSUE IN ISLAMIC REAL ESTATE INVESTMENT (I-REITs): A CASE STUDY FOR OIC COUNTRY -MALAYSIA." International Journal of Islamic Business 1, no. 1 (June 30, 2016): 60–75. http://dx.doi.org/10.32890/ijib2016.1.1.5.
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The implementation of good governance practices for Islamic products and services is significantly important in order to ensure its sustainability in the long-run. Furthermore, the strong regulatory framework of governance structures which is based on Shari’ah principles can help to reduce fraud, dishonesty and other unethical practices in doing businesses. Nevertheless, for a new Islamic product such as Islamic real estate investment trust, lack of specific standards and guidelines stated for the appointment of Shari’ah Advisor (SA) may distort the optimum growth and future development of this product. Thus, this paper examine the practice of selecting Shari’ah Advisory Committee by Islamic REIT companies in Malaysia using five standard governance framework which are independence, confidentiality, competence, consistency and disclosure. The data are taken from the Islamic REITs’ companies’ annual reports and interviews with relevant authorities such as Bank Negara Malaysia and Securities Commission Malaysia. Results from this study suggest that information of Shari’ah Advisory Board/Committee members and qualifications are not properly disclosed in the annual report and the term of appointment of Shari’ah Advisory Committee in some of the REIT companies is too long. In addition, the elements of Islamic auditing or reporting are vague. These factors are significantly important as they show the important role of good governance in ensuring the faith of investors is not being compromised and the Islamic REIT is Shari’ah compliant. Thus, it can be concluded that more effort need to be put forward in producing a good Islamic governance framework for Islamic REIT.
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Nicolas, Djone Georges. "Analisis Peran Roh Kudus Dalam Eksistensi Pelayanan Dan Pertumbuhan Gereja." Kamaya: Jurnal Ilmu Agama 5, no. 3 (September 13, 2022): 167–75. http://dx.doi.org/10.37329/kamaya.v5i3.1828.
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Nowadays, churches are found that are led and managed like companies based on worldly principles, thus ignoring the important role of the Holy Spirit in them. Whereas the church is a fellowship of those who have received God's grace in faith in Christ. In order to reveal the light of God's Kingdom in the world, serve others, and grow with the aim of expanding God's Kingdom on earth. This paper aims to analyze the role of the Holy Spirit in the existence, ministry and growth of the Church by using descriptive qualitative methods related to the experience of the early church. Data collection was carried out through the Bible and various literature, journals, books, and interviews. As a result, the Holy Spirit acts as a church planter, empowers ministers to carry out church ministry duties, and drives church growth in all things. The conclusion is that the existence, ministry and growth of the church is the work of the Holy Spirit by deceiving believers for the fulfillment of God's work and plan for the world. so that the existence, ministry and growth of the church cannot be separated from the role of the Holy Spirit who works to realize the divine plan.
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Haq, Farooq Muhammad, and Anita Medhekar. "The Rise of Spiritual Tourism in South Asia as Business Internationalization." Journal of Management and Research 7, no. 1 (June 29, 2020): 52–78. http://dx.doi.org/10.29145//jmr/71/070103.
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Globalization and digitization are motivating organizations around the world to manage and internationalize their products and services. Adaptively, most Asian companies are internationalizing their businesses with respect to various industries; one obvious example is the tourism industry. The global tourism industry can be segmented into niche types such as heritage tourism, dark tourism, medical tourism, including spiritual tourism. The objective of this paper is to analyze the rise of spiritual tourism in South Asian countries and discusses its operations that are internationalized rather than being region-centric or locally focused. It is argued that that public and private tourism operators in South Asia have realized that spiritual tourism presents an attractive product to invest and market based on people, places, and events. However, the challenge is to internationalize multi-faith spiritual tourism in the context of people, places, and events that would be the only way to develop and sustain this niche segment of the tourism business. It is argued that there are various factors that could enable South Asian countries to effectively internationalize their spiritual tourism destinations. The paper concludes that business internationalization of South Asian spiritual tourism, will not only achieve economic development objectives, but also social and United Nations Sustainable Development Goals, and bi-lateral diplomatic goals for regional peace and prosperity
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Junaidi, Junaidi, Mila Surahmi, and Desmawaty Romli. "Force Majeure or Hardship Principle In Termination of Employment During The Covid-19 Pandemic." SASI 28, no. 3 (October 13, 2022): 344. http://dx.doi.org/10.47268/sasi.v28i3.941.
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Introduction: The company often uses the spread of the Covid 19 virus in Indonesia in carrying out the Termination of Employment (PHK). Force Majeure is regulated by Article 164 of Law No. 13 of 2003 on Manpower but does not regulate epidemics or diseases as force majeure. Hardship itself is not regulated, and this doctrine is not yet known in Indonesia, as evidenced by the lack of contracts implementing the hardship clause.Purposes of the Research: The purpose of this study is to provide legal protection for employees who have experienced termination of employment due to the Covid-19 pandemic based on the principle of hardship.Methods of the Research: The research method used is normative juridical or doctrinal law research. It is research that uses the approach of legislation in the governance and legal values that live in society.Results of the Research: The results of this study include two things, namely the principle of force majeure or hardship in termination of employment, Companies that terminate employment should renegotiate by delaying work or known as the hardship principle. Using the force majeure principle causes workers to be unable to carry out their obligations, namely doing work. Based on the freedom of contract, the hardship principle principle clause can continue to carry out the agreement for workers affected by Covid-19. While the second is the legal consequences of the Covid-19 pandemic on work agreements, basically, in resolving the legal consequences caused by the Covid-19 pandemic, honesty from the parties is needed. This principle is known as good faith. It greatly determines the condition of the Covid-19 pandemic in the termination of employment by the company so that the parties can renegotiate their work agreement.
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Kamilah, Anita, and Trini Handayani. "The Application of Business Judgment Rule Principles: The Protection for State-Owned Enterprises Directors to Business Risk Failure." UNIFIKASI : Jurnal Ilmu Hukum 8, no. 1 (June 28, 2021): 18–27. http://dx.doi.org/10.25134/unifikasi.v8i1.3927.
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State-owned enterprises have a strategic position in realizing the mandate of the 4th paragraph of the Preamble of the 1945 Constitution. However, the absence of synchronization of laws and regulations in interpreting the State-Owned Enterprises fund as separated state assets, creates legal uncertainty for the Board of Directors when losses arise due to business risks. This condition raises the issue of the board of directors' responsibilities in managing State-Owned Enterprise's finances. Thus, there is the need to apply the Principles of Business Judgment Rule in protecting the Directors from State-Owned Enterprises losses. The approach employed in this study was juridical normative research. Specifically, this study used descriptive analysis. The data were analyzed qualitatively. The findings revealed: (1) State-owned enterprises have played a role in realizing Indonesian Economic Democracy with their distinctive business characteristics, a profit-seeking company and social services provider to the community; (2) State-owned enterprise's losses are not related to state finances. This is because state equity participation has been transformed into state shares/funds to State-owned Enterprises whose management is based on the provisions of Limited Liability Companies; and (3) The principle of the Business Judgment Rule provides protection for the Board of Directors. It states that they can not be held accountable for the losses in state-owned Enterprises if the management of State Owned Enterprises is based on the following principles: (a) due of care; (b) due of skill; (c) good faith, and (d) for the best interest of the company. In conclusion, BUMN Persero that experiences losses due to business risks cannot be categorized as state financial losses. In addition, according to the principles of business judgment rule, Directors cannot be held accountable
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Siahaan, Ricardho, Ramlani Lina Sinaulan, and Mohamad Ismed. "LEGAL RESPONSIBILITY FOR THE ROLE OF ONLINE TRANSPORTATION COURIER SERVICES IN DRUG TRAFFICKING." POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI) 2, no. 1 (January 20, 2023): 52–66. http://dx.doi.org/10.55047/polri.v2i1.530.
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In this modern period, drug trafficking in Indonesia has adopted a new mode of operation, with drug traffickers utilizing online transportation courier services to facilitate drug delivery to their destination, in an effort to avoid and/or reduce the risk of legal proceedings. The purpose of this research is to analyze and determine the existence of law enforcement problems in handling the role of online transportation courier services that help drug trafficking. This research uses Normative Juridical methodology. The data used for the formulation of the problem is secondary data consisting of primary, secondary and tertiary legal documents. The results of the analysis show that with regard to law enforcement and accountability, each construction of the Intermediary Articles contained in Law Number 35 of 2009 concerning Narcotics relating to acts committed by couriers does not all fulfill the offense elements of each article. Based on Article 132 when couriers are unable to prove good faith as an online driver, such as not having the authority to inspect goods to be sent, courier service companies do not or have not supported goods scanning facilities, so they can enter into a conspiracy offense. However, even though the actions carried out by online couriers have fulfilled the formulation offense, they are not necessarily accountable. For the sake of creating a sense of justice for society, it is necessary to add new norms to the provisions of Article 114 paragraph (1) of the Narcotics Law and Article 114 paragraph (2) of the Narcotics Law.
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Tanto, Viola. "Tax Avoidance in Albania." European Journal of Economics and Business Studies 6, no. 3 (December 12, 2020): 124. http://dx.doi.org/10.26417/270msu59a.
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This paper was written in order of the reforming of the tax system’s framework. Analysing phenomena such as tax evasion, tax avoidance, the use of legal loopholes to reduce tax liability in Albania was very challenged. In this paper is analysed also some other jurisdictions, which have served as a reference model for the reform of Albanian legislation, such as the Italian one and the legislation of the European Union. Recently, we were witnesses of a significant increase, in the quantitative and qualitative level, of tax evasion and tax avoidance. Often, the "battle" between the taxpayer and the contributor in bad faith is based on the probative power (burden of proof) of the elements of the transaction which must be verified by the tax administration. Even more often, this fight takes place over the basis of the correct interpretation of legal norms. Evasion is leaving more and more room for refined avoidance. Avoidance is no longer just the prerogative of big companies, corporations or powerful business groups, but it is turned into an ordinary management instrument for small and medium enterprises, even in special cases, even for natural persons. The paper analyses problems such as: basic and key aspects of tax evasion, by distinguishing with other concepts of tax law, such as tax planning and tax evasion, which are the forms of identifying tax evasion/avoidance, the meaning of the doctrine of abuse right. At the end of the paper, you can find a presentation on all findings and conclusions reached during the analysis of the above problems, and some recommendations for the improvement of the activity of the Tax Administration.
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Davis, Miles, and Leyland M. Lucas. "Principles before profits: An interview with S. Truett Cathy." New England Journal of Entrepreneurship 10, no. 1 (March 1, 2007): 27–32. http://dx.doi.org/10.1108/neje-10-01-2007-b003.
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Recent attention has been given to organizations that claim to run on faith-based principles. Activities such as at work bible study groups, charitable giving, and the individual practices of the owners are often the focus of such discussions. In such discussions little attention has been paid to those who not only hold strong religious views, but have chosen to put those views into practice‐even when it may not appear to make good business sense. Since 1946, S. Truett Cathy, founder and chairman of Chick-fil-A Inc., has run his enterprises based on his understanding of Christian principles. Starting with his first restaurant, the “Dwarf Grill,” which he opened with his brother Ben in 1946, continuing when he opened the first “Chick-fil-A” in 1967, and even as he finished the remodeling of the companies headquarters in 1997, S. Truett says he tries “to glorify God by being a faithful steward of all that is entrusted to us and to have a positive influence on other people. . . .” In fact, this purpose is engraved in a bronze plaque that rests at the entrance to Chick-fil-A’s corporate headquarters in Atlanta, Georgia. In practice, this purpose has lead S.Truett to never have his businesses open on Sunday, a time in the quick service industry that normally generates 20 percent of revenue. It has caused him to shut down another restaurant venture, Markos in Florida, rather than serve alcohol, which most patrons wanted. Despite his staunch adherent to principles that seem to run counter to “good business sense,” S.Truett Cathy has built a successful, privately held organization that operates in 38 states, has more than 1,300 franchisees, and generates over $2 billion a year in revenue. In the following interview, S.Truett offers his perspective on why focusing on principles is more important than focusing on profits and what he thinks it takes to succeed in business and in life.
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Setyarini, Desak Made, Ni Luh Mahendrawati, and Desak Gde Dwi Arini. "Pertanggungjawaban Direksi Perseroan Terbatas Yang Melakukan Perbuatan Melawan Hukum." Jurnal Analogi Hukum 2, no. 1 (March 4, 2020): 12–16. http://dx.doi.org/10.22225/ah.2.1.1608.12-16.
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Abstract-Directors in a limited liability company can be likened to a life for the company. The Board of Directors in carrying out their duties in managing a limited liability company has the possibility to carry out acts against the law both civil and criminal in nature. However, acts against the law can be directly carried out by the company through its organs, or vice versa, acts against the law are carried out by employees and the company is responsible. Based on this, the problem is obtained: 1) what forms of unlawful actions by the Board of Directors in managing a limited liability company (Corporation)? 2) What is the responsibility of the Directors who commit illegal acts? This research method uses normative legal research, with literature studies of primary and secondary legal materials. Based on research findings, it is known that: 1) Forms of unlawful acts carried out by directors: using company money/ wealth for personal gain, company information for personal gain, conducting related parties transactions with companies, prohibiting competition with the company 2) Directors' responsibility for illegal acts is regulated in Law No. 40 of 2007 the directors are responsible for managing the company where the management has to be done by each member of the board of directors, in good faith and full of responsibility. From this, it is necessary to optimize the implementation and supervision of the Corporation Law which substantially provides protection to business stakeholder and other public rights.
Keyword: Accountability of Directors, Limited Liability Companies, Action against the Law
Abstrak-Direksi di dalam perseroan terbatas dapat diumpamakan sebagai nyawa bagi perseroan. Direksi dalam menjalankan tugasnya mengelola perseroan terbatas memiliki kemungkinan untuk melakukan perbuatan melawan hukum baik bersifat perdata maupun pidana. Akan tetapi, perbuatan melawan hukum itu dapat langsung dilakukan oleh perusahaan melalui organ-organnya, atau sebaliknya perbuatan melawan hukum itu dilakukan oleh pegawai dan perusahaan wajib mempertanggungjawabkan. Berdasarkan hal tersebut maka didapatlah permasalahan yakni 1) Bagaimana bentuk perbuatan melawan hukum yang dilakukan oleh Direksi di dalam mengurus perseroan terbatas? 2) Bagaimana tanggung jawab Direksi Perseroan Terbatas yang melakukan perbuatan melawan hukum? Metode penelitian ini menggunakan penelitian hukum normatif, dengan studi kepustakaan dari bahan hukum primer dan sekunder. Berdasarkan temuan penelitian diketahui bahwa: 1) Bentuk perbuatan melawan hukum yang dilakukan oleh direksi: mempergunakan uang/ kekayaan perseroan untuk kepentingan pribadi, informasi perseroan untuk kepentingan pribadi, melakukan transaksi dengan perseroan, larangan bersaing dengan perseroan 2) Pertanggungjawaban direksi atas perbuatan melawan hukum diatur dalam UU No. 40 Tahun 2007 direksi bertanggung jawab atas pengurusan perseroan dimana pengurusan itu wajib dilaksanakan setiap anggota direksi dengan itikad baik dan penuh tanggung jawab. Dari hal tersebut sebaiknya Perlu optimalisasi pelaksanaan dan pengawasan UUPT yang secara substansial memberikan perlindungan kepada pelaku bisnis dan hak-hak publik lainnya.
Kata Kunci: Pertanggungjawaban Direksi, Perseroan Terbatas, Melawan Hukum
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Pacheco, Paulo R. A., and Marina Massimi. "A CATEGORIA “LIBERDADE” NO CURSO CONIMBRICENSE SOBRE A ÉTICA A NICÔMACO E A “EXPERIÊNCIA DE LIBERDADE” NAS INDIPETAE JESUÍTICAS (SÉCULOS XVI E XVII)." Síntese: Revista de Filosofia 38, no. 121 (October 7, 2011): 235. http://dx.doi.org/10.20911/21769389v38n121p235-259/2011.
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Analisando um tipo específico de correspondência jesuítica – as Litterae Indipetae –, identificou-se um dinamismo de elaboração da experiência capaz de revelar um modus vivendi, fundado numa concepção do ser humano, à luz da fé cristã, própria dos membros da Companhia de Jesus. É a este vivido descrito nas cartas (com suas devidas implicações fundamentais) e à descrição filosófica do conceito “liberdade” contida no Curso Conimbricense sobre a Ética a Nicômaco, que se dedica este artigo, buscando responder à pergunta: em que medida esta categoria – “liberdade” – expressa a partir de topoi próprios do gênero de correspondência e da forma mentis dos jesuítas (num âmbito histórico cultural institucional peculiar) poderia interessar para a compreensão do dinamismo anímico dos seres humanos? Resulta desta investigação que a elaboração da experiência de “liberdade“, neste âmbito preciso, parte do pressuposto de que o homem é uma unidade (corpo e alma, razão e fé, sensação e intelecção) e de que, vivendo ordenado (em si mesmo e no mundo que o circunda), realiza o seu ser por analogia ao Ser Divino.Abstract: By the analysis of a specific type of Jesuitical correspondence – the Litterae Indipetae – a dynamic of working-out of experience was identified, revealing a modus vivendi (way of living) based upon a Christian view of the human being, proper to the members of the Society of Jesus. This article explores the lived experience described in those letters (with its basic implications) and the description of the philosophical concept of “freedom” contained in the Conimbricenses Commentaries on the Nichomachean Ethics. We try to answer in which measure the category of “freedom” expressed in the topoi specific to this kind of letters and to the Jesuitical forma mentis (in a particular historical-cultural-institutional context) may be of interest for understanding the psychical dynamic of human beings. It results from this inquiry that the elaboration of the experience of “freedom” in this context, starts from the assumption that human beings are an unit (body and soul, reason and faith, sensation and intellection) and that, living in an orderly way (in themselves and in the surrounding world), they fulfill their aim in life conforming themselves to the Divine Being.
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Gołębiowski, Krzysztof. "Wykładnia pojęcia „dobrej wiary” w orzecznictwie w kontekście dokonywanych w okresie PRL naruszeń prawa własności." Studia nad Autorytaryzmem i Totalitaryzmem 43, no. 3 (December 19, 2021): 21–36. http://dx.doi.org/10.19195/2300-7249.43.3.2.
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The article aims to asses the jurisprudence of the first decades of the 21st century regarding the good faith of stateowned enterprises that began, without a legal title, to use private land in the communist period, placing on them the infrastructure used to transmit electric energy. Courts interpreting general clauses referring to concepts and systems of values lying outside the legal system gain the ability to influence the decision of the case based on their own moral judgments. Therefore, the case where Polish courts operating in a state that respects the principle of equal property protection regardless if the entitled entity had the opportunity to assess the conduct of entities representing the state operating on the basis of a completely different system of values, should be considered particularly interesting. It is typical for totalitarian and authoritarian regimes to formally grant broad protection to individual rights and, at the same time ignore their existence in the activities of the state. It can be seen in the practice of carrying out some infrastructure investments in the communist period. Electricity networks were often built on private land. At that time, there were regulations allowing to obtain a legal title to use the land, both in private law (contract) and of an administrative (expropriation) nature. The state and state-owned enterprises, however, mostly did not use them, focusing on planning investments to obtain permits related to technical issues. The reasons for this behavior can be seen primarily in the basic assumptions of the socialist system. The described practice testified to the real attitude of the state to private property as a type of property that was ultimately to be ousted in the socialist system. The role of economic plans in the Polish People’s Republic was also significant. State bodies and state-owned enterprises primarily aimed at executing plans, regardless of whether or not they violated the individual’s interests in this way. After 1989, the legal status of many power grids, overhead lines, and other devices was therefore not regulated. State-owned enterprises, and the companies resulting from their transformation, used many properties without a legal title. Changes in the legal awareness of society and the grow-ing understanding of economic mechanisms based on the principles of responsibility for one’s own actions and protection of subjective rights, led to many court disputes between owners and entrepreneurs. The most common claims addressed to transmission companies were remunerations for the use of land without legal title and actio negatoria. The case law reacted to the increase in the number of disputes by creating a concept of usucaption of land easement for the benefit of the transmission entrepreneur. Its legitimacy from the beginning raised fundamental doubts in the legal doctrine, but it gained the full support of the courts. Many statements of the Supreme Court assessed the correctness of the state-owned enterprises’ conduct. The relatively numerous statements approving the omission of obtaining a legal title to seize someone else’s real estate in the investment preparation process ought to be considered inter-esting and surprising. They significantly influenced the practice of common courts, causing many claims of property owners against entrepreneurs to be dismissed. Moreover, by expressly praising unlawful interference with the right to property, carried out during the Polish Peopleʼs Republic, they probably also deepened the sense of harm and injustice — caused mainly by a surprising in-terpretation that allowed for the acquisition by prescription of a right unknown to the Act — and above all the belief that courts treated trade participants unequally and that courts granted significant privileging to the state and entities representing its interests.
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Gabatbat, Ma Emperatriz, and Noel Santander. "Value of Values Education in the Virtual Classroom." Bedan Research Journal 6, no. 1 (April 30, 2021): 31–55. http://dx.doi.org/10.58870/berj.v6i1.21.
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This research endeavored to follow in a way the ideals of Herbert Spencer regarding value- based education. It inquired on the value or importance of values education in online instruction during this time of the pandemic. The researchers had used narrative descriptive method and strategy in analyzing the data that were collected through the digital data approach from several educators of higher and other educational institutions. Primarily, this research presented the various practices observed before, during, and after online learning, to ensure value-laden education aside from identifying the specific values needed to be promoted and intensified during this pandemic by reason of necessity and urgency like sensitivity, self-care, courage, perseverance, discipline, respect, accountability, faith, justice, peace, honesty, humility, and love. This research yielded to the importance and impact of values education to educational excellence while still in pandemic which are classified as personal character development, social and world development, and spiritual development on the account of the good nature of the value-based education, availability of much needed structures, quality of delivery, and dynamic support system. ReferencesAECT. (2001). What is Descriptive Research? The handbook of research for Educational Communications and Technology. http://members.aect.org/edtech/ed1/41/41-01.html.CHED Memorandum Order No.20. (2013). Commission on Higher Education. General Education Curriculum: Holistic Understandings, Intellectual and Civic Competencies. https://ched.gov.ph/wp-content/uploads/ 2017/10/CMO-No.20-s2013.pdfEliot, C. W. (1911). Spencer on Education. Online Library of Liberty. https://oll.libertyfund.org/pages/spencer-on-educationEriksson, P. & Kovalainen, A. (2016). Qualitative Methods in Business Research, 2nd Ed. Sage Publications, Ltd.Hall, B. P. 2006. Values Shift: A Guide to Personal and Organizational Transformation. Resource Publications.Hall, B.P. (2000). The Genesis Effect. Personal and Organizational Transformations. Don Bosco Press.Hall, B.P. & Thompson, H. (1980). Leadership Through Values. Paulist Press.Harari, Y. N. (2018). 21 Lessons for the 21st Century. Jonathan Cape.Harari, Y.N. (2015). Sapiens. HarperCollins Publishers.Holmes, B. and Spencer, H. (2020, November 8) International Bureau of education (1820-1903). http://www.ibe.unesco.org/sites/default/files/spencere.pdf.Liu, et.al. (2017). Scientific Knowledge Education Based on Herbert Spencer “What Knowledge is of Most Worth?” Open Access Eurasia Journal of Mathematics Science and Technology Education. 13(7):4291-4299 https://doi.org/ 10.12973/Eurasia.2017.00836aLlego, M. A.(n.d.) DepEd Values Education Program (VEP) Goal and Objectives. https://www.teacherph.com/deped-values-education-Program Paine, L. S. (2003). Value Shift. Why Companies Must Merged Social and Financial Imperatives to Achieve Superior Performance. McGraw-Hill.Presidential Decree No. 6-A. The Lawphil Project (1972). Authorizing the Undertaking of Educational Development Projects, Providing for the Mechanics of Implementation and Financing Thereof, and for other Purposes. https://lawphil.net/statutes/ presdecs/pd1972/pd_6_a_1972.html.Seidenberger, T. and Weiss, M. (2011). The educational theory of Herbert spencer. https://www.newfoundations.com/GALLERY/Spencer.html.ThoughtCo. Famous education quotations from Philosopher Herbert Spencer. (2020, November 11). https://www.thoughtco.com/famous-education-quotations-herbert-spencer-Values Education in the Basic Education Curriculum. (2003). DO 41, S. 2003. https://www.deped.gov.ph/2003/05/22/do-41-s-2003-values-education-in-the-basic-education-curriculum/ What is Research? (n.d.) https://www.personal.psu.edu/wxh139/research_talk.htm6.
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Wahjuningati, Edi. "Tinjauan Yuridis Terhadap Kegagalan Usaha Perusahaan di Indonesia." JURNAL RECHTENS 11, no. 2 (December 9, 2022): 225–38. http://dx.doi.org/10.56013/rechtens.v11i2.1743.
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Tujuan penelitian ini ialah untuk mengetahui dan menganalisis faktor penyebab kegagalan usaha perusahaan dan menganalisis perlindungan hukum bagi perusahaan untuk meminimalisir kegagalan usaha perusahaan. Metode penelitian hukum dilakukan melalui penelitian hukum normatif, dengan pendekatan perundang-undangan dan konseptual. Hasil penelitian menunjukkan bahwa faktor penyebab kegagalan usaha perusahaan antara lain para pihak tidak melaksanakan isi perjanjian yang di buat secara sah, ketidakstabilan mutu produk, keliru dalam memilih lapangan usaha, kurang ketekunan, ketelitian dan pengawasan, anggaran yang melampaui batas, target yang diharapkan tidak tercapai. Perlindungan hukum bagi perusahaan untuk meminimalisir kegagalan usaha antara lain perjanjian yang di buat harus sah dan dilaksanakan dengan itikad baik, perusahaan memiliki legalitas, atas dasar Pasal 6 ayat 1 Kitab Undang-Undang Hukum Dagang dan Keputusan Menteri Keuangan Nomor 316/KMK.016/1994. Kata kunci: Kegagalan Usaha, Perusahaan This study resulted in a formulation of the problem including the factors causing company business failures and legal protection for companies to minimize business failures. The purpose of this research is to find out and analyze the factors that cause company business failures and to know and analyze legal protection for companies to minimize business failures. Legal research methods are carried out through normative legal research, with statutory and conceptual approaches. The results showed that the factors causing the failure of the company's business included the parties not carrying out the contents of the agreement that was made legally, product quality instability, wrong choice of business field, lack of diligence, accuracy, and supervision, the budget that exceeded the limit, the expected target was not achieved. Legal protection for companies to minimize business failures, including agreements made must be valid and implemented in good faith, the company has legality, based on Article 6 paragraph 1 of the Indonesian Commercial Code and Decree of the Minister of Finance Number 316/KMK.016/1994. Keywords: Business Failure, Company REFERENCES Marbun, B.N., Kekuatan & Kelemahan Perusahaan Kecil, Terbitan Kedua, PT Pustaka Binaman Pressindo, Jakarta, 1993 Mertokusumo, Sudikno, Mengenal Hukum, Terbitan Kesatu, Liberty, Yogyakarta, 1988 Mertokusumo, Sudikno, Bab-Bab Tentang Penemuan Hukum, Terbitan Kesatu, PT. Citra Aditya Bhakti Bekerja Sama Dengan: Konsorsium Ilmu Hukum, Departemen Pendidikan dan Kebudayaan dan The Asia Foundation, Yogyakarta, 1993 Mortell, Art, Berani Menghadapi Kegagalan, Terbitan Kesatu, Mitra Usaha, Jakarta, 1995 Nitisemito, Alex S, Ek, Sebab-sebab Kegagalan Perusahaan, Terbitan Keempat, Ghalia Indonesia,Jakarta, 1980 Purwosutjipto, H.N.N., Pengertian Pokok Hukum Dagang Indonesia, Terbitan Ketujuh, Djambatan, Jakarta, 1988 Ramadhan, S., Poesoko, H., & Fahamsyah, E. (2020). Karakteristik Perjanjian Pembiayaan oleh Perusahaan Pembiayaan Multiguna. JURNAL RECHTENS, 9(2), hlm.110-111. https://doi.org/10.36835/rechtens.v9i2.789 https://app.dimensions.ai/ details/publication/pub.1134310316?search_mode=content&search_text=jurnal%20rechtens&search_type=kws&search_field=full_search&and_facet_source_title=jour.1406386 Ridho, Ali, Hukum Dagang Tentang Prinsip Dan Fungsi Asuransi Dalam Lembaga Keuangan, Pasar Modal, Lembaga Pembiayaan Modal Ventura, Dan Asuransi Haji, Terbitan Kesatu, Alumni, Bandung, 1992 Subekti, Hukum Perjanjian, Terbitan Ketigabelas, PT. Intermasa, Jakarta, 1991 Shahab, Hamid, Langkah Memperkecil Risiko Dalam Pembangunan, Djambatan, Jakarta, 1996 Sadoko dkk, Isono, Pengembangan Usaha Kecil Pemihakan Setengah Hati, Terbitan Kesatu, Yayasan AKATIGA, Bandung, 1995 Satrio, J. Hukum Perjanjian, Terbitan Kesatu, PT. Citra Aditya Bakti, Bandung, 1992 Tri Budiman, N., & Supianto, S. (2021). Penyelesaian Sengketa Kredit Tanpa Agunan Di Kelurahan Patrang Kecamatan Patrang Kabupaten Jember. JURNAL RECHTENS, 10(2), 215. https://doi.org/10.56013/ rechtens.v10i2.1143 https://app. dimensions.ai/details/publication/pub.1148574133?search_mode=content&search_text=jurnal%20rechtens&search_type=kws&search_field=full_search&and_facet_source_title=jour.1406386 Wibowo dkk, Singgih, Petunjuk Mendirikan Perusahaan Kecil, Cetakan VII, PT. Penebar Swadaya, Jakarta, 1995 Kitab Undang-Undang Hukum Perdata Kitab Undang-Undang Hukum Dagang Keputusan Presiden Republik Indonesia Nomor 61 Tahun 1988 tentang Lembaga Pembiayaan Peraturan Presiden Republik Indonesia Nomor 9 Tahun 2009 tentang Lembaga Pembiayaan Keputusan Menteri Keuangan Republik Indonesia Nomor 1251/KMK.013/ 1988 tentang Ketentuan Dan Tata Cara Pelaksanaan Lembaga Pembiayaan Keputusan Menteri Keuangan Republik Indonesia Nomor 316/KMK.016/ 1994 tentang Pedoman Pembinaan Usaha kecil dan Koperasi Melalui Pemanfaatan Dana Dari Bagian Laba Badan Usaha Milik Negara Keputusan Menteri Keuangan Republik Indonesia Nomor 468/KMK.017/ 1995 tentang Perubahan Keputusan Menteri Keuangan Nomor 1251/KMK.013/1988 tentang Ketentuan Dan Tata Cara Pelaksanaan Lembaga Pembiayaan Sebagaimana Telah Diubah Dengan Keputusan Menteri Keuangan Nomor 1256/KMK.00/1989 Peraturan Menteri Keuangan Republik Indonesia Nomor 84/PMK.012/2006 tentang Perusahaan Pembiayaan
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Asmara, Andre, Sri Walny Rahayu, and Sanusi Bintang. "Studi Kasus Penerapan Prinsip Pendaftaran First To File Pada Pembatalan Merek Cap Mawar." Syiah Kuala Law Journal 3, no. 2 (August 27, 2019): 184–201. http://dx.doi.org/10.24815/sklj.v3i2.11899.
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Merek pada dasarnya adalah tanda untuk mengidentifikasi asala barang atau jasa darisuatu perusahaan dengan barang atau jasa perusahaan lain dan salah satu faktor penunjang kesuksesan dalam pemasaran barang.Hak kepemilikan merek berdasarkan peraturan perundang-undangan diperoleh melalui sistem pendaftaran yang bersifat konstitutif dengan prinsip First to File.Sehingga perolehan merek hanya bagi pihak yang pertama kali melakukan pendaftara. Namun pada kenyataanya masih banyak kasus sengketa merek yang dimenangkan oleh pihak yang tidak mendaftarkan mereknya. Pokok permasalahan yang dibahas dalam penulisan ini adalah penerapan dari sistem konstituif dengan prinsip First to File yang seharusnya telah dapat memenuhi perlindungan hukum bagi pihak merek terdaftar. Jenis metode penelitian yang digunakan dalam penulisan ini adalah jenis metode penelitian hukum yuridis – normatif yang terdiri dari pendekatan peraturan perundang-undangan, pendekatan kasus dan pendekatan konseptual. Hasil penelitian pada putusan Mahkamah Agung Nomor 512 K/Pdt.Sus-HKI/2016 sengketa merek Cap Mawar, maka dapat dikatakan bahwa hakim kurang memperhatikan konsep gugatan awal yang didasari itikad tidak baik. Oleh karena dalam hal jangka waktu gugatan yang diajukan telah melampaui batas waktu yang ditentukan dan tidak dapat diajukan kapan saja dengan dasar pertimbangan bahwa merek yang menjadi objek gugatan bukanlah merek terkenal. Oleh sebab itu nilai kepastian akan perlindungan sebuah merek dengan dikeluarkanya sertifikat merek tersebut belum sepenuhnya mendapatkan perlindungan sebagaimana mestinya, meskipun telah melalui proses penyaringan dan waktu yang cukup lama. Hal ini dapat menunjukan bahwa kepastian hukum yang hendak dicapai belum sepenuhnya terpenuhi.Brands are basically a sign to identify goods or services from a company with goods or services of other companies and one of the supporting factors for success in marketing goods. The rights of brand ownership based on laws and regulations are obtained through a constitutive registration system with the First to File principle. So that the acquisition of a brand is only for the party who first registered. But in reality there are still many cases of brand disputes won by those who did not register their brands. The main problem discussed in this paper is the application of a constituent system with the principle of First to File that should have been able to fulfill legal protection for registered brands. The type of research method used in this writing is a type of juridical-normative legal research method which consists of the approach of legislation, case approach and conceptual approach. The results of the research on the Supreme Court Decision Number 512 K / Pdt.Sus-HKI / 2016 in the Cap Mawar brand dispute, it can be said that the judge did not pay attention to the initial lawsuit concept based on bad faith. Because in the event that the time period for the lawsuit filed has exceeded the prescribed time limit and cannot be submitted at any time on the basis of consideration that the trademark that is the object of the lawsuit is not a well-known brand. Therefore the value of the certainty of the protection of a brand with the issuance of the brand certificate has not fully received the proper protection, even though it has gone through a screening process and a long time. This can indicate that the legal certainty to be achieved has not been fully fulfilled.
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Masrurah, Bewani Octavianisa. "KONSEP ITIKAD BAIK DALAM PENERAPAN BUSINESS JUDGMENT RULE BERDASARKAN SISTEM HUKUM PERSEROAN INDONESIA DAN MALAYSIA." JISIP (Jurnal Ilmu Sosial dan Pendidikan) 3, no. 3 (November 15, 2019). http://dx.doi.org/10.58258/jisip.v3i3.830.
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The Business Judgment Rule doctrine can protect directors from their responsibilities in making decisions for the company. Furthermore, it raises the question, how is the concept of good faith based on the Business Judgment Rule doctrine in Indonesia, and for that it is also compared to its application in Malaysia. This study aims to understand the concept of good faith that is always included in the application of Business Judgment Rules in the Indonesian legal system and how it is applied in Malaysia. This research is a normative research with a legislative approach and a conceptual approach both applicable in Indonesia and Malaysia. From the results of this study indicate that there are differences in the application of the concept of good faith in the Business Judgment Rule in Indonesia and Malaysia, one of which is the Companies Act of Malaysia clearly and completely stated about good faith for directors, while in Undang-Undang Nomor 40 Tahun 2007 Tentang Perseroan Terbatas is not explained clearly and in detail.
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Tapera, Roy, Sekis Moseki, and James January. "The status of health promotion in Botswana." Journal of Public Health in Africa, July 6, 2018. http://dx.doi.org/10.4081/jphia.2018.699.
Full textAbstract:
Health education and promotion remains an integral part of public health. This paper details health promotion activities in Botswana since the establishment of the profession in 1988. It further describes health promotion infrastructure, investment in health promotion, human resource training and collaborations within the country. Infrastructure and services for health promotion in the country are mainly provided by government through educational institutions, faith based organizations, non-governmental organizations, general medical practitioners and mining companies complementing the Ministry’s efforts. More than 1000 health promotion cadres have been trained at certificate, diploma and degree levels by Boitekanelo College and the Ministry of Health through Serowe Institute of Health Sciences.