Written Test Answer - Muhammad Anas Fadli - Muhammad Anas Fadli
Written Test Answer - Muhammad Anas Fadli - Muhammad Anas Fadli
1. (i) Claim comes from a dispute between two parties or more, whereas a petition is
only a request from one party for a certain matter. Judge's decision in the claim is
a verdict (putusan) while in a petition it is a determination (penetapan).
(ii) Default must come from an agreement, while tort claim does not have to come
from an agreement. The reference in default is the clause in the agreement itself,
while PMH can come from broader aspects such as decency and public interest.
b. Company law has three organs, which the brief explanation of each role are:
1. General Shareholders Meeting has other authorities not given to the
Director and Board of Commisioner, such as appointing the Director and
the Board of Commisioner.
2. The director carries out the business activities of the company and
represents the company in law.
3. The Board of Commissioners supervises the business activities of the
company.
4. This regulation re-enacts the Job Creation Law with 'modifications' in several parts.
Several regulations, whether at the same level or below it, were made based on the Job
Creation Law so the enforceability of it can remain legally enforceable in Indonesia since the
Constitutional Court has verdicted the Job Creation Law as unconstitutional.
Sources:
1. Indonesia, Company Law as revised in Job Creation Law
2. Indonesia, Investment Law as revised in Job Creation Law
3. Indonesia, GR No. 5 of 2021
4. Yahya Harahap, Civil Procedure Law Concerning Lawsuits, Trials, Confiscations,
Evidence, and Court Decisions