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Answer

1. Because land and house is considered as one unit, Mr. Pinjamdong must register
the land under his name, in other word, there must be a transaction of the land
between Mr. Pinjamdong and his cousin to register the land under Mr.
Pinjamdong name.

2. Based on article 12 Law number 25 Year 2007, Shojou Co., Ltd., can operate
mass rapid transportation in Indonesia and according to government regulation
number 77 year 2007 in the second supplement number 97, the maximum amount
of foreign share in this transportation sector is 49 percent.

3. This kind of cooperation were franchise cooperation because Mr, Gun want to use
the same name of the restaurant and the cuisines as provided in original country.
The position of both parties were Merlion Pte. Ltd. as franchisor and Mr. Gun as
franchisee.

4. The content of article 1266 is about termination of agreement that one parties
cannot terminate an agreement if one parties can’t fulfill his/her liability, the
termination of an agreement must be taken to court. The reason and purpose of
such waiver is to avoid the need for court to terminate the agreement. Avoiding
the court can minimize time and money of both parties to settle their dispute.

5. The differences between PMDN and ordinary limited liability companies were :
- PMDN were based on Law number 6 year 1968 juncto Law number 12 year 1970.
- Limited liability company were based on Law number 40 year 2007.

The Advantages of PMDN :


- PMDN were expected to become an alternative way of collecting funds other than
banking system.
- PMDN open possibilities of the capital owner to choose their preference of
investment depending on their risk preference.
- PMDN hold monetary stabilities.
- PMDN maintain micro economic and business
The Weakness of PMDN :
- Too much investment can cause monetary crisis.
- Can disrupt monetary stability If the rupiah exchange rate were low.
- Reduce of foreign investment can disrupt export import exchange because export
become expensive.

The advantage of Limited liability company :


- Limited liability from the share holder toward companies debt because the share
holder only responsible for how much he/she put into the companies.
- The performance of companies as legal entity were guaranteed because the owner
can be changed.
- The easiness to move the owner right by selling the share to other person.
The weakness of Limited liability company :
- Limited liability company were individual tax subject, not only the companies but
the dividen that shared to the share holder were given income tax.

6. My suggestion if the plaintiff were not satified or not agree with the judgement,
he/she can retrial at courts of appeals in 14 days since the judgement was made.
The documents which must be prepared is copies of document from the first
judgement, “memori banding” document. The legal basis of my answer is Law
number 4 year 2004 and Law number 20 year 1947.

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