Kyu, Kim Min
(2019)
Analisis yuridis terhadap penggunaan perjanjian nominee dalam pendirian perseroan terbatas penanaman modal dalam negeri ditinjau dari perundang-undangan di Indonesia = Juridicial analysis on the nominee agreements on the establishment of a domestic investment limited liability company by foreign nationals in Indonesia.
Bachelor thesis, Universitas Pelita Harapan.
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Abstract
Each individual in the society has their own interests which is to compete with one another to achieve the welfare. Various forms of businesses are established to perform this competition, one of which is in the form of a legal entity, specifically a Limited Liability Company. In Indonesia, the society does not only compete among other Indonesian nationals, but also with foreign investors. Considering this, Indonesia formulates several regulations concerning foreign investors such as, Law Number 40 Year 2007 regarding Limited Liability Company and Law Number 25 Year 2007 regarding Investment. Along with the application of the said laws, often foreign investors figure out difficulties which causes them to conduct illegal actions such as nominee agreement practices in the establishment of a Domestic Investment Limited Liability Company. The purpose of this research is to analyze the validity of the nominee agreements in the establishment of a Domestic Investment Limited Liability Company and the legal consequences which arise from the nominee agreements. This research uses the juridical legal research with statute and conceptual approaches. The result of the research finds that a nominee agreement in the establishment of a Domestic Investment Limited Liability Company is an invalid agreement since it does not fulfill the requirements of a valid contract as regulated within Article 1320 of the Civil Code, specifically the fourth requirement regarding a lawful cause. In addition, a nominee agreement violates Article 33 of Law Number 25 Year 2007 regarding Investment. The legal consequence which stems from a nominee agreement in the establishment of a Domestic Investment Limited Liability Company is void by law, thus, the agreement is considered to not exist from the beginning.
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