When Nina discussed it, I was reminded of a question-and-answer article at the Legal Hospital, organized by hukum.online.com on the theme “Business – Investment Law Practice Saham Pinjam Nama “, and which received a response from the editor-in-chief of the legal clinic: AMRIE HAKIM, SH. What Nina does is practice “nominal lending” or so-called nominated arrangement practices. In this article, I will discuss further the nominated agreements, which are common in practice. The concept of the candidate, or sometimes even trust concept, is not known in the civil system in force in Indonesia. The concept of nominees was originally found only in the common law system, but over time, the concept of the nominating agreement is gradually and even widespread in the civil law system in Indonesia. The party that nominates the candidate is often referred to as a beneficiary party. The candidate represents the interests of the beneficiary and, therefore, when carrying out special actions, the candidate must be in compliance with the promised measures and, of course, in accordance with the orders given by the beneficiary. With the prohibition of practicing the nominated arrangement (credit name), the consequences are: any use of wni Name as owner of a property or shares in Indonesia, as a rightful owner. Indeed, as stated in Section 48, paragraph 1, of Law 40 of 2007, the shares of the company are issued in the name of the owner. Therefore, even where a “counter-document” comes in the form of an explanation document or an act of execution or warrant, it is established that the Indonesian citizen is in fact only “owner” of the actions concerned and does so on behalf of the WNA, the WNI in question, recognized in the eyes of the law as the rightful owner, remains the INI in question. Indeed, the “counter-document” is declared null and void and not entitled in accordance with Article 33, paragraph 2.
It also crossed my mind, and I forwarded to the WNA that while the practice of the appointment agreement in his country is not prohibited by the laws of his country, there is only evidence that the shares belong to the WNA in question, and then the sworn assurance that the WNA`s actions belong, by law, to the country of origin of the WNA to which it is referred. But to do that, you have to ask the lawyer he trusts. But I am more confident and I always suggest that it is good, through official procedures, to change the status of the PT in PT PMA. Or you can create a new PT PMA. Implementation of the Nominee Agreement in Indonesia, as described above, has encountered several obstacles. Violating the objective requirements of Article 1320 of the Civil Code with respect to halal reasons and its description of halal reasons in Article 1337 of the Civil Code, that the Nominee Agreement should not be contrary to the law, since the applicant`s shares in Indonesia cannot be necessary for completion or implementation before the law. This is because the name of the participation in the loan is contrary to Article 52, paragraph 4, of the UUPT, relating to the concept of Dominium plenum-Aktienbesitzes (ownership of shares in its own right or absolute). On the basis of the Nominee agreement, it can be established that the elements or characteristics of the applicant`s use show the two parties in question, namely the legally recognized party and the party behind the legally recognized party, in which the two parties in possession of shares cause the separation of ownership of property that the legally recognized owner (the nominee party) and the actual owner of the property (beneficiary).