The Legal force to support
stabillity the effort
Business law is a legal instrument
governing the procedures and implementation of a business or trading activity,
industry, finance or related to the exchange of goods and services, production
activities and events put the money made by the entrepreneur with the business
and certain motifs which have considered all the risks that may occur.
Background of business law
Born healthy economy through business activity, trade or business that is healthy. A healthy economic activity certainly have rules that guarantee a business, trade or business that is healthy.
A business rule or law is needed because:
Born healthy economy through business activity, trade or business that is healthy. A healthy economic activity certainly have rules that guarantee a business, trade or business that is healthy.
A business rule or law is needed because:
- parties involved in business requires something more formal is not just a promise or good faith.
- the need to create a legal remedy that can be used as it should be if one party does not fulfill the obligation or violate the agreement that has been agreed then the business law can be played as it should.
Business people need to know, understand and learn the business law for any business activity that does is set by law, so that its business activities do not violate the law and can derive the maximum benefit.
Functions of business law
Basically the law is made to create life in a society that is safe, orderly and peaceful, nor with business law. The function of business law diantarnya:
a. Become a useful source of information for businesses,
b. Provide an explanation of their rights and obligations in business practices,
c. Realize business activity, accompanied by the character and behavior of the perpetrators so as to create a sound business activities, dynamic and just because it is guaranteed by the rule of law.
The scope of business law
The scope of business law includes several things, including:
1. Business Contracts
2. Form a business entity (PT, Firma, CV)
3. Capital markets and companies going public
4. The trading activities by companies
5. Investment or investment
6. Liquidation and bankruptcy
Basically the law is made to create life in a society that is safe, orderly and peaceful, nor with business law. The function of business law diantarnya:
a. Become a useful source of information for businesses,
b. Provide an explanation of their rights and obligations in business practices,
c. Realize business activity, accompanied by the character and behavior of the perpetrators so as to create a sound business activities, dynamic and just because it is guaranteed by the rule of law.
The scope of business law
The scope of business law includes several things, including:
1. Business Contracts
2. Form a business entity (PT, Firma, CV)
3. Capital markets and companies going public
4. The trading activities by companies
5. Investment or investment
6. Liquidation and bankruptcy
7. Mergers, acquisitions and consolidation
8. Debt
Guarantee
9. Marketable securities
10. Employment
11. Intellectual Property Industry
12. unfair competition and prohibition of monopoly
13. Protection of consumers 15. Distribution and agents
14. Taxation
15. Insurance
16. Resolving business disputes
17. International Business
18. Law of transport by land, sea, or air
19. Protection and guarantee legal certainty for users of technology and technology owners
20. Law of the industry or the processing industry.
Law
9. Marketable securities
10. Employment
11. Intellectual Property Industry
12. unfair competition and prohibition of monopoly
13. Protection of consumers 15. Distribution and agents
14. Taxation
15. Insurance
16. Resolving business disputes
17. International Business
18. Law of transport by land, sea, or air
19. Protection and guarantee legal certainty for users of technology and technology owners
20. Law of the industry or the processing industry.
Law
21. The activities include
multinational companies export and import activities
22. Law of Mining Activities
23. Law of Banking and securities
24. Law Real estate, construction and housing
25. The international trade law or international agreements
26. Law on Money Laundering
23. Law of Banking and securities
24. Law Real estate, construction and housing
25. The international trade law or international agreements
26. Law on Money Laundering
Source Business Law
Sources of business law is the basis of the establishment of business law. Sources of business law include:
a. kotrak principle agreement between the parties involved which each party is subject to the rules that have been agreed.
b. The principle of freedom of contract where business people can create and determine the content of the agreement which they had agreed.
In general, according to sources of business law legislation, including
a. Civil Code (Civil Code)
b. Public Law (Economic criminal / Criminal Code)
c. Commercial Law (Code of Commerce)
d. Laws outside the Civil Code, Criminal Code, and Code of Commerce
While the sources of business law in the opinion of Munir Fuady, include: Legislation, agreements, treaties, jurisprudence, customs and doctrines of legal experts
Sources of business law is the basis of the establishment of business law. Sources of business law include:
a. kotrak principle agreement between the parties involved which each party is subject to the rules that have been agreed.
b. The principle of freedom of contract where business people can create and determine the content of the agreement which they had agreed.
In general, according to sources of business law legislation, including
a. Civil Code (Civil Code)
b. Public Law (Economic criminal / Criminal Code)
c. Commercial Law (Code of Commerce)
d. Laws outside the Civil Code, Criminal Code, and Code of Commerce
While the sources of business law in the opinion of Munir Fuady, include: Legislation, agreements, treaties, jurisprudence, customs and doctrines of legal experts
COMPANY LAW
Introduction
Since the implementation of the 25-year
economic development-planning program,
Indonesian economic growth can be
attributed to an increase in participation of small and large business enterprises. Not only has there been
an increase in assets
and capital accumulation, enlistment of human
resources, but also business resources (which from time to time create a
business cycle). One of the business entities
that dominate, in the Indonesian business sector,
is the Limited Liability Company. As a created legal entity, it is necessary
for an Indonesian Limited Liability Company to be supported not only by its own
organs, but also by Clear and concise
regulations in order to maximize and utilize its organizational and managerial
ability effectively and efficiently. Hence, strong and stable business entities
are very important to
enhance national development. It istherefore
necessary to have a brief overview of business organizations within the
framework of Indonesian Company Law
Types of Business Organizations
Indonesia’s commercial sector recognizes three
principal categories of business organizations: sole proprietorship,
partnership (general or limited) and company. Sole proprietorship is generally
used in the informal sector, since its nature and activities are of the
informal sector. For example, it does not require formal registration to
Indonesian authorities. There are three types of partnership: persekutuan
perdata (maatschap or private association), persekutuan firma(venootschap onder
firma or firma, “FA”) and
persekutuan komanditer(commanditaire vennootschap,
“CV”).The Indonesian Civil Code
governs the first type of partnership whereas the
rest are governed by both the Indonesian Civil Code and the Indonesian
Commercial Code. It is not easy to determine
absolute equivalents between these partnerships and
partnerships under common law tradition; however, the maatschapand firma
closely resemble the concept of
a general partnership under the common law system
whereas the commanditaire venootschapresembles limited partnership under common
law.
The last type of business organization is under the
Indonesian Company Law takes the form of Perseroan Terbatas (“PT”).It is
similar to the incorporated limited liability company under the common law
system. Historically, this was referred to as the Dutch corporate model known
as the naamloze venootschap(“NV”). However, since the enactment of the new
Indonesian Company Law, which repealed
the provisions governing the company, many
companies started to
use the abbreviation “PT”.
THE LAW OF THE
REPUBLIC OF INDONESIA
NUMBER 40 OF 2007
CONCERNING
LIMITED LIABILITY
COMPANY
BY THE GRACE OF
ALMIGHTY GOD
THE PRESIDENT OF THE
REPUBLIC OF INDONESIA
Considering :
a. that the national
economy, which is implemented based on economic democracy with the principles
of community, fair efficiency, sustainability, environmental awareness,
independence, and safeguards for balanced progress and national economic unity,
needs to be supported by a strong economic institutions in the context of
creating prosperity for community;
b. that in the context of increasing the national economic
development and at the same time providing a strong foundation for the business
world in facing the development of world economy and progress in science and
technology in the coming globalization era, a support is needed to enact a law
that regulates limited liability company which can assure the implementation of
a conducive climate for the business world;
c. that a limited liability company as one of the national
economic development pillars, need to be given a legal ground in order to
accelerate more of the national development composed as a mutual effort based
on the principle of family spirit;
d. that Law No. 1 of 1995 regarding Limited Liability Company
is considered no longer in accordance with the legal developments and needs of
society, so that it is deemed necessary to be replaced with a new law;
e. that based on the consideration as referred to in letter
a, letter b, letter c, and letter d, it is necessary to form a Law on Limited
Liability Company ;
In View of : Article
5 paragraph (1), Article 20, and Article 33 of the 1945 Constitution of the
Republic of Indonesia;
With
the unanimous approval of
THE
HOUSE OF REPRESENTATIVE
And
THE
PRESIDENT OF THE REPUBLIC OF INDONESIA
HAVING
RESOLVED
To
stipulate : A LAW ON LIMITED LIABILITY COMPANY
CHAPTER
I
GENERAL
PROVISIONS
Article
1
In this law the following terms have
the following meanings:
1. Limited Liability Company,
hereinafter referred to as the Company, means a legal entity constitutes a
capital alliance, established based on an agreement, in order to conduct
business activities with the Company’s Authorized Capital divided into shares
and which satisfies the requirements as stipulated in this Law, and it
implementation regulations.
2. Company Organs means the General
Meeting of Shareholders, the Board of Directors, and the Board of Commissioner.
3. Social and Environmental
Responsibility means the commitment from Company to participate in the
sustainable economic development, in order to increase the quality of life and
environment, which will be valuable for the Company itself, the local
community, and the society in general.
4. The General Meeting of
Shareholders, hereinafter referred to as GMS, means the organ of the Company
that has authority not given to the Board of Directors or the Board of
Commissioners, within limits as stipulated in this Law, and/or the articles of
association.
5. The Board of Directors means the
organ of the Company that has the authority and full responsibility to manage
the Company for the interest of the Company, in accordance with the purposes
and objectives of the Company as well as to represent the Company, either in or
out the court in accordance with the provisions of the articles of association.
6. The Board of Commissioners and the
organ of the Company that has the responsibility to conduct a general and/or
specific supervision , in accordance with the articles of association, as well
as providing advice for Board of Directors.
7. Issuer means a Public Company or a
Company which exercise a public offering to shares, in accordance with the
provisions and legislations in the field of capital market.
8. Public Company means a Company
which satisfies the criteria of numbers of shareholders numbers and amount of
paid-up capital in accordance with the provisions and legislations in the field
of capital market.
9. Merger means a legal action taken
by one or more Companies in order to merge with another existing Company, which
causes the transfer of assets and liabilities of the merging Companies by
operation of law, to the surviving Company and thereafter the legal entity
status of the merging Company ceases by operation of law.
10. Consolidation means a legal action
taken by two or more Companies to consolidate themselves by establishing a new
Company, which by operation of law obtains the assets and liabilities from the
consolidating Companies, and the legal entity status of the consolidating
Companies ceases by operation of law.
11. Acquisition means a legal action
conducted by a legal entity or an individual to acquire the shares of the
Company, resulting in the transfer of control of such Company.
12. Separation means a legal action
taken by a Company in order to separate its businesses, which causes all assets
and liabilities of the Company legally transferred to 2 (two) or more
Companies, or part of the assets and liabilities of the Company legally
transferred to 1 (one) or more Companies.
13. Registered Mail means a letter
which is addressed to a recipient evidenced by a signed and the date receipt
from the recipient.
14. Newspaper means a daily newspaper
in Indonesian language with national circulation.
15. Day means a calendar day.
16. The minister means the minister
whose tasks and responsibilities are in the field of law and human rights.
Article 2
The Company
must have a purpose and objective as well as business activities that do not
conflict with the legislative regulations, public order, and/or morality.
Article 3
(1) The Company’s Shareholders are not
personally liable for agreements made on behalf of the Company, and are not
liable for the Company’s losses in excess of their prospective shareholding.
(2) The provision as referred to in
paragraph (1) do not apply if :
a. the requirements for the Company as
a legal entity has not been or are not fulfilled;
b. the relevant shareholders, either
directly or indirectly, with bad faith, exploits the Company for their personal
interest;
c. the relevant shareholders are
involved in illegal actions committed by the Company; or
d. the relevant Shareholders, either
directly or indirectly, illegally utilizes the assets of the Company, which
result in the Company’s assets become insufficient to settle the Company’s
debt.
Article
4
This Law,
the articles of association of the Company, and provisions of other
legislations shall apply to the Company.
Article
5
(1) The Company shall have a name and
domicile within the territory of the Republic of Indonesia, as determined in
the articles of association.
(2) The Company shall have a full
address in accordance with its domicile.
(3)
In correspondences, announcements published by the Company, printed
materials, and deeds to which the Company is a party, the name and full address
of the Company must be mentioned.
Article 6
The
Company may be established within a limited period or unlimited period as
stipulated in the articles of association.
CHAPTER II
THE ESTABLISHMENT, ARTICLES OF
ASSOCIATION AND AMENDMENTS OF ARTICLES OF ASSOCIATION, REGISTRY OF COMPANY AND
ANNOUNCEMENTS
Part 1
Establishment
Article 7
(1) The Company shall be established
by 2 (two) or more persons based on a notarial deed drawn up in Indonesian
language.
(2) Each founder of the Company is
obliged to subscribe shares upon the establishment of the Company.
(3) The provision as referred to in
paragraph (2) does not apply in the context of Consolidation.
(4) The Company obtains legal entity
status on the date of the issuance of Ministerial Decree regarding the
ratification of the Company’s legal entity.
(5) If after the Company obtains its
legal entity status and the number of shareholders becomes less than 2 (two)
persons, then within the period of not later than 6 (six) months as from such
condition, the relevant shareholders is obliged to transfer part of their
shares to other persons or the Company shall issue new shares to other persons.
(6) In the event that the time period
as referred to in paragraph (5) has exceeded, and there is still less than 2
(two) shareholders, the shareholders shall be personally liable for all
agreements/legal relationship and the Company’s loss, and upon the request of
the interested party, the District Court may wind up the Company.
(7)
The provision which requires the Company to be established by 2 (two) or more
persons as referred to in paragraph (1), and the provision on paragraph (5), as
well as paragraph (6) do not apply to :
a.
State Owned Limited Liability Company; or
b. Companies managing security
exchange, clearing house and underwriting, custodian and settlement
institution, and other institutions regulated in the Law on Capital Market.
Article 8
(1) The deed of establishment shall
set forth articles of association and other information related to the
Company’s establishment.
(2) Other information as referred to
in paragraph (1) shall contain at least:
a. full name,
place and date of birth, occupation, residential, and nationality of the
individual founder, or name, domicile, and full address, as well as the number
and date of the Ministerial Decree regarding the ratification of legal entity
founders of the Company;
b. full name,
place and date of birth, occupation, residential, and nationality of the first
members of the Board of Directors and the Board of Commissioners to be
appointed.
c. the name of the
shareholders who have subscribed the shares, detail of the number of shares,
and nominal value of shares subscribed and paid-up.
(3) In making the deed of
establishment, the founder can be represented by other person by virtue of a
Power of Attorney.
Article 9
(1) In order to obtain the Ministerial
Decree regarding the ratification of the Company’s legal entity as referred to
in Article 7 paragraph (4), the founders shall jointly submit an application
through an electronic legal entity administration system information technology
services to the Minister by filling up the form which shall contain at least
the following :
a.
The name and domicile of the Company;
b.
The term of establishment of the Company;
c.
The purpose and objective as well as business activities of the Company;
d.
The amount of authorized capital, issued capital, and paid-up capital;
e.
full address of the Company.
(2) Filling in the form as referred to
in paragraph (1) must be preceded by the submission of the Company’s name.
(3) In the case the founders do not
submit the application themselves as referred to in paragraph (1) and paragraph
(2), the founder may only give power of attorney to a notary.
(4) Further provisions regarding the
procedure of submission and use of the Company’s name will be stipulated by
Government Regulation.
Article 10
(1) The application to obtain the
Ministerial Decree as referred to in Article 9 paragraph (1), must be submitted
to the Minister not later than 60 (sixty) days as of the signing date of the
deed of establishment, complete with information on the supporting documents.
(2) The provision regarding the
supporting documents as referred to in paragraph (1) shall be stipulated by a
Minister Regulation.
(3) If the form as referred to in
Article 9, paragraph (1) and the information on the supporting documents as
referred to in paragraph (1) is in accordance with the provisions of the
legislations, the Minister shall directly declare electronically that there is
no objection to the relevant application.
(4) If the form format as referred to
in Article 9 paragraph (1) and the information on the supporting documents as
referred to in paragraph (1) is not in accordance with the provisions of the
legislations, the Minister shall directly notify electronically of the
rejection and the reasons therefore.
(5) Within the period not later than
30 (thirty) days as of the non-objection statement date as referred to in
paragraph (3), the relevant applicant is obliged to physically submit an
application letter with a supporting documents attached.
(6) If all requirements as referred to
in paragraph (5) have been fully fulfilled not later than 14 (fourteen) days,
the Minister shall issue a decree regarding the ratification of the Company as
a legal entity which is signed electronically.
(7) If the requirements regarding the
period and the completeness of the supporting documents as referred to in
paragraph (5) are not fulfilled, the Minister shall directly notify the matter
to the applicant electronically, and the statement of no objection as referred
to in paragraph (3) shall become null.
(8) In the event that the statement of
no objection is null, the applicant as referred to in paragraph (5) may
re-submit an application in order to obtain the Decree from the Minister as
referred to in Article 9, paragraph (1).
(9) In the event that the application
to obtain the Ministerial Decree is not submitted within the period as referred
to in paragraph (1), the deed of establishment shall be void as from the lapse
of such period and the Company which does not yet have legal entity status
shall be dissolved by operation of law, and the settlement shall be conducted
by the founders.
(10) The provision on the period as
referred to in paragraph (1), shall also apply for a re-submission.
Article
11
Further provisions regarding submission
of application to obtain the Ministerial Decree as referred to in Article 7
paragraph (4) for certain areas that do not yet have or cannot use electronic
network, shall be regulated in a Ministerial Regulation.
Article 12
(1) Legal actions relating to share
ownership and to which payment is performed by a prospective founder prior the
establishment of the Company, shall be stated in the deed of establishment.
(2) In the event of legal actions as
referred to in paragraph (1) are stated in a deed which is not an authentic
deed, such deed shall be attached to the deed of establishment.
(3) In the event of legal actions as
referred to in paragraph (1) are stated in an authentic deed, the number, date
and name as well as domicile of the Notary making such authentic deed shall be
mentioned in the deed of establishment of the Company.
(4) In the event that the provisions as
referred to in paragraph (1), (2), and (3) are not fulfilled, such legal
actions shall not give rise to rights and obligations and shall not bind the
Company.
Article 13
(1) Legal acts performed by the
prospective founders for the interest of a Company which is has not yet been
established, shall bind the Company after the Company becomes a legal entity if
the first GMS of the Company explicitly states that it accepts or takes over
all rights and obligations arising from the legal acts conducted by the prospective
founders or its attorney.
(2) The first GMS as referred to in
paragraph (1) shall be conducted not later than 60 (sixty) days after the
Company obtains the status of legal entity.
(3) The resolution of the GMS as
referred to in paragraph (2) is valid if the GMS is attended by the
shareholders representing all shares with voting rights and the resolution is
approved unanimously.
(4) In the event that the GMS is not
held within the period as referred to in paragraph (2), or the GMS is failed to
adopt the resolution as referred to in paragraph (3), each prospective founder
exercising such legal actions shall be personally liable to the consequences
arising.
(5) The GMS approval as referred to in
paragraph (2) will not be necessary if such legal actions are performed or
approved in writing by all prospective founders prior the establishment of the
Company.
Article 14
(1) Legal actions on behalf of the
Company which has not yet obtained the status of legal entity, may only be
performed by all members of the Board of Directors together with all founders,
as well as all members of the Board of Commissioners of the Company, and they
will all be jointly and severally liable for such legal actions.
(2) In the event of such legal actions
as referred to in paragraph (1) are performed by the founders on behalf of the
Company which has not yet obtained the status of legal entity, the relevant
founders shall be responsible for such legal actions and the legal actions
shall not bind the Company.
(3) The legal actions as referred to
in paragraph (1), by operation of law shall be the responsibility of the
Company after the Company becomes a legal entity.
(4) The legal actions as referred to
in paragraph (2) shall only be bound and shall be the responsibility of the Company
after such legal actions are approved by all shareholders in the GMS attended
by all shareholders of the Company.
(5) GMS as referred to in paragraph
(4) is the first GMS which must be held not later than 60 (sixty) days after
the Company obtains its legal entity status.
Part Two
Articles of Association and Amendment
of Articles of Association
Paragraph 1
Articles of Association
Article 15
(1) Articles of association as
referred to in Article 8 paragraph (1) shall contain at least :
a.
The name and domicile of the Company;
b.
The purposes and objectives as well as the business activities of the Company;
c.
The period of incorporation of the Company;
d.
The amount of authorized capital, issued capital, and paid-up capital;
e. The number of shares, shares
classification if any, including the number of shares for each classification,
the rights attached to each share, and nominal value of each share;
f. The name of title or position and
the number of members of the Board of Directors and the Board of Commissioners;
g. The determination of the place and
procedures for holding a GMS;
h. The procedures of appointment,
replacement, and dismissal of the members of the Board of Directors and the
Board of Commissioners;
i. The procedure for profit
utilization and dividend distribution.
(2) Apart from the provisions as
referred to in paragraph (1), the articles of association may also contain
other provisions which do not conflict with this Law.
(3) The articles of association may not contain:
a. provisions concerning receipt of fixed interest on
shares; or
b.
provisions concerning the grant of personal benefits to the founders or other
parties
In Article 15 letter b of Law 25/2007 stipulated that every
investor is obliged to implement TJSL. What is meant by TJSL according to the elucidation of
Article 15 paragraph b of Law 25/2007 is the responsibility inherent in
each investment firm to keep creating relationships harmonious, balanced, and
in accordance with the environment, values, norms, and local culture.
While the
definition of investor is an individual or business entity that makes an
investment that can be either domestic investors and foreign investors ( Article
1 paragraph 4 of Law 25/2007 ).
In addition in Article
16 of Law 25/2007 also stipulated that every investor is responsible to
preserve the environment. It is also part of TJSL.
If the investor does not perform its obligation to carry out TJSL, then
under Article 34 of Law 25/2007, investors may be subject to sanctions
in the form adminisitatif:
a.
written warning;
b.
restrictions on business activities;
c.
Suspension of business and / or
investment facility; or
d.
revocation of business activities and / or investment
facility.
In addition to
administrative sanction, investors also may be subject to other sanctions in
accordance with the provisions of the legislation ( Article 34 paragraph (3)
of Law 25/2007 ).
Law No. 32 of 2009 on the Protection and Management of the Environment
("Law 32/2009")
Pursuant to Article 68 of Law 32/2009, any person doing business and / or activity must:
a. provide information relating to environmental protection and management of true, accurate, transparent, and timely;
b. maintaining the sustainability of environmental functions; and
c. comply with the provisions on environmental quality standards and / or standard criteria of environmental damage
Pursuant to Article 68 of Law 32/2009, any person doing business and / or activity must:
a. provide information relating to environmental protection and management of true, accurate, transparent, and timely;
b. maintaining the sustainability of environmental functions; and
c. comply with the provisions on environmental quality standards and / or standard criteria of environmental damage
Upstream activities undertaken by business entities or permanent
establishment under the Cooperation Contract with the Implementing Body shall
contain the principal provisions, one of which is the provision regarding the
development of the surrounding communities and guarantees the rights of
indigenous peoples (Article 11 paragraph (3) letter p Law 22/2001).
In addition in Article 40 paragraph (5) of Law 22/2001, also
said that business entities or permanent establishments that carry out business
activities of Oil and Gas (upstream activities and downstream activities) take
responsibility in developing the environment and local communities.
See the provisions above, it can be
seen that there are indeed rules that require companies to build communities
around.
Thus the
answer from us, may be useful.
Legal
Basis:
5.
Government
Regulation No. 47 Year 2012
on Social and Environmental Responsibility Company Limited ;
6.
Regulation of the State Minister for
State-Owned Enterprises No. PER-05 / MBU / 2007 2007 About the Partnership
Program With State Owned Small Business and Community Development Program, as
last amended by Regulation of the Minister of State-Owned Enterprises No.
PER-08 / MBU / 2013 Year 2013 On the Fourth Amendment to the Regulation of the
State Minister for State-Owned Enterprises No. PER-05 / MBU / 2007 on
Partnership Program With State Owned Small Business and Community Development
Program.
EXAMPLES OF BUSINESS ETHICS VIOLATION CASES
(About Corporate Social Responsibility / CSR)
(About Corporate Social Responsibility / CSR)
According to the theory of
Business Ethics
The underlying thought CSR (Corporate Social Responsibility), which is often considered to be the core of Business Ethics is that the company not only have obligations economical and legal (meaning to shareholders or shareholder) but also the obligations of the other parties concerned (stakeholders ) whose scope exceeds the above obligations. Some things that are included in this CSR include the management of the company (corporate governance) are now emerging in Indonesia, the company will be environmental awareness, workplace conditions and standards for employees, company-community relations, corporate social investment (corporate philanthropic).
The underlying thought CSR (Corporate Social Responsibility), which is often considered to be the core of Business Ethics is that the company not only have obligations economical and legal (meaning to shareholders or shareholder) but also the obligations of the other parties concerned (stakeholders ) whose scope exceeds the above obligations. Some things that are included in this CSR include the management of the company (corporate governance) are now emerging in Indonesia, the company will be environmental awareness, workplace conditions and standards for employees, company-community relations, corporate social investment (corporate philanthropic).
Conformity According to the PP
Act
According to Government Regulation No. 27 of 2012 on Environmental Permit. The development process undertaken by the Indonesian people should be held based on the principle of sustainable development and environmentally sound in accordance with the mandate of Article 33 paragraph (4) of the Constitution of the Republic of Indonesia Year 1945. Development activities are carried out in various forms of Business and / or activities will basically impact on the environment. With the implementation of the principles of environmentally sustainable development in the implementation process, the impact on the environment caused by construction activities will be analyzed early planning stages, so that the negative impact of control measures and the development of positive impact can be prepared as early as possible. Device or instrument that can be used to do that is EIA and UKL-UPL. Article 22 of Law No. 32 of 2009 on the Protection and Management of the Environment stipulates that every effort and / or activities that have an important impact on the environment must have EIA.
According to Government Regulation No. 27 of 2012 on Environmental Permit. The development process undertaken by the Indonesian people should be held based on the principle of sustainable development and environmentally sound in accordance with the mandate of Article 33 paragraph (4) of the Constitution of the Republic of Indonesia Year 1945. Development activities are carried out in various forms of Business and / or activities will basically impact on the environment. With the implementation of the principles of environmentally sustainable development in the implementation process, the impact on the environment caused by construction activities will be analyzed early planning stages, so that the negative impact of control measures and the development of positive impact can be prepared as early as possible. Device or instrument that can be used to do that is EIA and UKL-UPL. Article 22 of Law No. 32 of 2009 on the Protection and Management of the Environment stipulates that every effort and / or activities that have an important impact on the environment must have EIA.
Case Analysis
In the newspaper
Jawa Pos, May 2, 2013,
there is one article that I think violates Business Ethics, namely article entitled
"Without a license, reckless Three Factory Activity"
, The three categories are in Gresik, PT. BKP (Edible Oil Manufacturers), PT. IDM (Fish Processing), and PT. HNF (Industrial Equipment). These industries are considered to violate Business Ethics in Corporate Social Responsibility (CSR) as three potentially emit hazardous waste. Not only that, they also do not have licensing documents environmental impact assessment (EIA), they simply piggyback on the EIA establishment owned Gresik Industrial Estate (KIG). Other companies that violate business ethics in CSR, namely PT. BKP (oil producers) that permits amdalnya not yet clear and many times these companies reported local residents as often pollute the environment. There is also PT. IDM is often complained for causing the smell.
In the newspaper
Jawa Pos, May 2, 2013,
there is one article that I think violates Business Ethics, namely article entitled
"Without a license, reckless Three Factory Activity"
, The three categories are in Gresik, PT. BKP (Edible Oil Manufacturers), PT. IDM (Fish Processing), and PT. HNF (Industrial Equipment). These industries are considered to violate Business Ethics in Corporate Social Responsibility (CSR) as three potentially emit hazardous waste. Not only that, they also do not have licensing documents environmental impact assessment (EIA), they simply piggyback on the EIA establishment owned Gresik Industrial Estate (KIG). Other companies that violate business ethics in CSR, namely PT. BKP (oil producers) that permits amdalnya not yet clear and many times these companies reported local residents as often pollute the environment. There is also PT. IDM is often complained for causing the smell.
Suggestion
The government must be firm action against industries that do not have a full license, which can be especially detrimental to society and have a direct impact on the surrounding environment. And perform the inspection and supervision of new industries to be established.
The government must be firm action against industries that do not have a full license, which can be especially detrimental to society and have a direct impact on the surrounding environment. And perform the inspection and supervision of new industries to be established.
The case of bussines in indonesia
Has many case in indonesia like for the poor people didn’t want help that
think the law of bussnies is didn’t good princip because the sistematic still
bad like in this case
Bayi Meninggal Setelah Ditolak 10 Rumah Sakit
TEMPO.CO, Jakarta
- Dera Nur Anggraini, bayi yang baru berusia enam hari, meninggal lantaran
sakit pada saluran pencernaannya. Ironisnya, Dera meninggal setelah ditolak
oleh 10 rumah sakit yang diminta menangani operasinya
That’s really bad about the law in
indonesia because just care with a rich man.
Case 3
Hati-hati jika hendak membeli buah durian. Sejumlah pedagang
durian di sepanjang Jalan Lintas Timur (Jalintim), Lampung Timur melakukan
praktek tidak terpuji. Mereka menjual buah durian yang terlebih dahulu disuntik
zat pemanis.
Like in this case really bad if
eats with consumen because has bad subtance for consumes
The solution
I think for goverment must has
good The Legal force for the
poor people like in medicine because the the poor people same with another
people they like consumers too and must has consumer protection and must get
right behavior from goverment exam. But many worker in company didnt same right
behavior to poor people, the company must give direction to worker that is must
same treat to another people. And the
consumer must get protection to the bad
seller like sells the bad fruit because that’s really danger to the consumer
health and really bad if the consume is child, and to another people if wants
consumen because if we didnt consumen the bad food or fruit that will lessen
the fraudulent seller and the goverment must obserrve the fraudulent seller.
Conclusion
My conclusion about the consumen
must smart to buy something, because in new global has many naughty seller and for the legal force must has more
confirmation to the fraudulent seller.
