ANALISIS PENYELENGGARAAN SISTEM ADMINISTRASI BADAN HUKUM DALAM PERSPEKTIF UNDANG – UNDANG TIPIKOR ( SISMINBAKUM )
Authors
DANIEL KURNIAWAN HARSONO
Abstract
Granting legal status of a Limited Liability Company must meet certain
requirements ie after its founding deed approved by the Minister of Justice and
Human Rights as provided for in Article 7 paragraph (4) of Law Number 40
Year 2007 regarding Limited Liability Company which states as follows: "The
Company obtained legal status on the date of issuance of Ministerial Decree
regarding the ratification of the Company's legal entity "How Implementation
Certification Limited Company so as to obtain legal status? And if there are
criminal acts of corruption in the administration of the registration Sisminbakum
Company Limited.
Since the Supreme Court decision was issued last year Romli the legal
process Sisminbakum with suspected cases of former Minister of Justice and
Human Rights Yusril Ihza Mahendra and businessman Hartono Tanoesoedibjo
as if suspended. When the AGO never take a stand against the two suspects who
declared the file is complete or the P21 and Decision cassation case Romli
indeed indirectly related to the suspect that is the case Sisminbakum Yusril Ihza
Mahendra and Htartono Tanoe, on a case Romli the AGO itself has 2 options
namely Review filed (PK) or PK is not filed and will accept the decision of the
appeal.
Post Supreme Court decision that sentenced loose Romli Atmasasmita,
AGO then do a special assessment against property docket Yusril and
businessman Hartono special Tanoesoedibjo.Pengkajian is intended to help
determine attitude towards the matter ini.Dimana AGO in the assessment, the
decision of Cassation Romli also included in it. In its decision, the Supreme
Court stated that there is no loss in case Sisminbakum ini.Dengan Thus, if the
Attorney General decided to accept the decision Romli, then the case Yusril and
Hartono Tanoe actually just waiting for the delegation to the court, threatened to
be stopped.
Approach the problem in this research is a normative juridical approach
of legal research that uses secondary data sources. The object of this study in
addition to the legal norms governing Sisminbakum, as well as its
implementation in solving problems that arise by the presence of registrations
through Sisminbakum. Sisminbakum is a system that has a high level of
accuracy that ensures Decree issued in accordance with existing
regulations.Sisminbakum database contains all the existing legal entity in
Indonesia that can easily be accessed through computer networks. Transparency or openness Sisminbakum, see clearly the whole process of making the trip the
establishment of the Decree Law.
By using this Sisminbakum there are no obstacles in the practice
of legalization of limited liability becomes a legal entity because this system has
the function of control and good control, thus reducing the occurrence of human
error because all the process automatically.
Keyword : legalization of a limited company, SISMINBAKUM.