ACADSTAFF UGM
| Title | : | KAJIAN YURIDIS TERHADAP ASAS KEPATUTAN DALAM KLAUSUL PENYERAHAN SEMUA HAK PEMBERI GADAI KEPADA BANK SELAKU PEMEGANG GADAI SERTA PENGGUNAAN KUASA MUTLAK (IRREVOCABLE POWER OF ATTORNEY) PADA PERJANJIAN GADAI SAHAM |
| Author | : |
RATNA DEWI TISNASARI (1) Dr.Taufiq El Rahman, S.H., M.Hum. (2) |
| Date | : | 1 2012 |
| Keyword | : | irrevocable power of attormey,the propriety principle,share pledge agreement irrevocable power of attormey,the propriety principle,share pledge agreement |
| Abstract | : | The main issues which are discussed in this study are the existence of the ctause of transfer of all the right o,fthepnedgornthebankastheptedgeerelatedtotheprohibitionofactsofownershipunderAlticlellS4 iiiit iioae'ana ne use of inevocabti power of attomey on the share pledge agreement - an agreement which is dedicated to secure the credit agreement. Those clauses are conmon clauses which usually used iy inu mrt on the share pledge agreements' Ihose clauses are used-by the bank to protect the bank's rnferest Nonethe/ess, this study atso sought to discover the existence of the propiey principle in the clause iitransfer of the sharehotder's right as tie pledgor to the bank as the pledgee and propriaty pinciple in the use of inevocable power of attomey as a pafi of the share pledge agreement. The research metiod used,,h fhis thesls is a normative juisdicdonal research (library research), a research thit is done by examining the legal material which is refened to secondary data. The resufts of this research are describei as the desciptive analytical report with literature data processing using qualitative methods. Based on the research,s result coniucted by the author, we conclude that the clause of transfer of the shareholders, ights (the ptedgor) to the bank as the pledgee to attend and to vote on the shareholders general ieeting ana ti clause of transfer of the ownership ights over the shares whenever the bank consider it ntec;,sJary where the transfer is done with the authoization of inevocable power of attorney, are contrary to the law aid the principle of propiety. Nonefheless, the paiies in the share pledge agreement are allowed to appoint the clause in order to deliver the ight to receive dividends' |
| Group of Knowledge | : | Ilmu Hukum |
| Original Language | : | Bahasa Indonesia |
| Level | : | Nasional |
| Status | : |
Published
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| No | Title | Action |
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