Legal Certainty Authority Between The State Administrative Court And The District Court In Completing The Dispute Over A Change

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Legal Certainty Authority between the State Administrative Court and the District Court in completing the dispute over a change

The process of changing the Articles of Association of Limited Liability Companies often results in conflict between civil law and administrative law. In this case, the General Meeting of Shareholders (GMS) is needed to obtain the approval of the majority of shareholders, as regulated in Article 88 of the Company's Law. The approval requires the presence and approval of two-thirds of the number of existing shares. After being approved in the GMS, changes in the Articles of Association are recorded in the notary deed and registered at the Ministry of Law and Human Rights. However, disputes that arise relating to this change caused the existence of a double judicial authority between the District Court and the State Administrative Court, the focus was on legal certainty in determining the applicable jurisdiction.

Analysis of Authority and Legal Certainty

Disputes related to changes in the articles of association often involve complex legal aspects and require appropriate handling so that legal uncertainty does not occur. In this context, the Supreme Court has issued a Supreme Court Circular (SEMA) Number 10 of 2020 as a guide for the court in determining the right jurisdiction to resolve the dispute. However, it should be noted that this SEMA is a rule of policy (beleidsregel) which only binds internally to related institutions.

It is essential to distinguish between the types of disputes that enter each court. The District Court tends to handle civil cases that are civil, while the State Administrative Court focuses more on disputes related to administrative decisions. Therefore, the determination of authority must not only be based on the object of dispute, but also considers the fundamental cause of the dispute. Understanding the underlying cause of the dispute is crucial in determining the correct jurisdiction. This requires a thorough analysis of the facts and circumstances surrounding the dispute.

The Supreme Court Circular (SEMA) Number 10 of 2020 provides guidance on determining the jurisdiction of the court in resolving disputes related to changes in the articles of association. However, the SEMA is not a binding regulation, but rather a policy guideline. This means that the SEMA is not enforceable in a court of law, and its application is subject to the discretion of the court. The lack of a binding regulation has led to confusion and uncertainty in determining the jurisdiction of the court.

The Role of the Supreme Court in Determining Jurisdiction

The Supreme Court plays a crucial role in determining the jurisdiction of the court in resolving disputes related to changes in the articles of association. The Supreme Court has the authority to issue regulations and guidelines that govern the jurisdiction of the court. However, the Supreme Court's regulations are not always clear and concise, leading to confusion and uncertainty in determining the jurisdiction of the court.

In order to increase legal certainty, the Supreme Court needs to issue more clear and concise regulations that govern the jurisdiction of the court. This includes the preparation of Supreme Court (Perma) regulations that are more widely binding, so that all courts have a clear reference in determining their respective authorities. The Supreme Court's regulations should be clear, concise, and easily understandable.

Recommendations for Procedural and Bureaucratic Improvement

In order to increase legal certainty, procedural improvement and bureaucracy are needed in handling disputes relating to changes to the articles of association. This reform includes the need for the preparation of the Supreme Court (Perma) regulations which are more widely binding, so that all courts have a clear reference in determining their respective authorities.

With these steps, it is expected that the dispute resolution process related to changes in the Limited Limited Liability Company can run more efficiently, transparently, and fairly. This will also reduce the risk of disputes in the future and provide a sense of security to shareholders and other related parties in carrying out their rights and obligations.

The Importance of Legal Certainty in Determining Jurisdiction

Legal certainty in determining the authority between the District Court and the State Administrative Court is the key to completing the dispute over changes in the articles of association. With the application of more assertive regulations and improving bureaucratic processes, it is expected that this legal conflict can be minimized and justice can be achieved.

In conclusion, the determination of authority between the District Court and the State Administrative Court is a complex issue that requires careful consideration and analysis. The Supreme Court's regulations and guidelines play a crucial role in determining the jurisdiction of the court, and it is essential that these regulations are clear, concise, and easily understandable. The importance of legal certainty in determining jurisdiction cannot be overstated.

Future Directions

In order to increase legal certainty and reduce the risk of disputes in the future, the following steps can be taken:

  • The Supreme Court should issue more clear and concise regulations that govern the jurisdiction of the court.
  • The Supreme Court should prepare Supreme Court (Perma) regulations that are more widely binding, so that all courts have a clear reference in determining their respective authorities.
  • The bureaucratic process should be improved to ensure that disputes are resolved efficiently, transparently, and fairly.
  • The Supreme Court should provide guidance and training to judges and court officials on the application of the Supreme Court's regulations and guidelines.

By taking these steps, it is expected that the dispute resolution process related to changes in the Limited Limited Liability Company can run more efficiently, transparently, and fairly. This will also reduce the risk of disputes in the future and provide a sense of security to shareholders and other related parties in carrying out their rights and obligations.

Conclusion

In conclusion, the determination of authority between the District Court and the State Administrative Court is a complex issue that requires careful consideration and analysis. The Supreme Court's regulations and guidelines play a crucial role in determining the jurisdiction of the court, and it is essential that these regulations are clear, concise, and easily understandable. The importance of legal certainty in determining jurisdiction cannot be overstated.

By taking the steps outlined above, it is expected that the dispute resolution process related to changes in the Limited Limited Liability Company can run more efficiently, transparently, and fairly. This will also reduce the risk of disputes in the future and provide a sense of security to shareholders and other related parties in carrying out their rights and obligations.

References

  • Supreme Court Circular (SEMA) Number 10 of 2020.
  • Company's Law.
  • Perma regulations.

Note: The references provided are fictional and for demonstration purposes only.
Frequently Asked Questions (FAQs) about Legal Certainty Authority between the State Administrative Court and the District Court in completing the dispute over a change

Q: What is the main issue in determining the authority between the District Court and the State Administrative Court in resolving disputes related to changes in the articles of association?

A: The main issue is the lack of clear and concise regulations that govern the jurisdiction of the court, leading to confusion and uncertainty in determining the authority.

Q: What is the role of the Supreme Court in determining the jurisdiction of the court in resolving disputes related to changes in the articles of association?

A: The Supreme Court plays a crucial role in determining the jurisdiction of the court by issuing regulations and guidelines that govern the jurisdiction of the court.

Q: What are the consequences of not having clear and concise regulations that govern the jurisdiction of the court?

A: The lack of clear and concise regulations leads to confusion and uncertainty in determining the authority, which can result in disputes and legal conflicts.

Q: What are the steps that can be taken to increase legal certainty and reduce the risk of disputes in the future?

A: The following steps can be taken:

  • The Supreme Court should issue more clear and concise regulations that govern the jurisdiction of the court.
  • The Supreme Court should prepare Supreme Court (Perma) regulations that are more widely binding, so that all courts have a clear reference in determining their respective authorities.
  • The bureaucratic process should be improved to ensure that disputes are resolved efficiently, transparently, and fairly.
  • The Supreme Court should provide guidance and training to judges and court officials on the application of the Supreme Court's regulations and guidelines.

Q: What is the importance of legal certainty in determining jurisdiction?

A: Legal certainty in determining the authority between the District Court and the State Administrative Court is the key to completing the dispute over changes in the articles of association. With the application of more assertive regulations and improving bureaucratic processes, it is expected that this legal conflict can be minimized and justice can be achieved.

Q: What are the benefits of improving the bureaucratic process in resolving disputes related to changes in the articles of association?

A: The benefits of improving the bureaucratic process include:

  • Disputes can be resolved more efficiently, transparently, and fairly.
  • The risk of disputes in the future can be reduced.
  • A sense of security can be provided to shareholders and other related parties in carrying out their rights and obligations.

Q: What is the future direction of improving legal certainty in determining jurisdiction?

A: The future direction includes:

  • The Supreme Court should issue more clear and concise regulations that govern the jurisdiction of the court.
  • The Supreme Court should prepare Supreme Court (Perma) regulations that are more widely binding, so that all courts have a clear reference in determining their respective authorities.
  • The bureaucratic process should be improved to ensure that disputes are resolved efficiently, transparently, and fairly.
  • The Supreme Court should provide guidance and training to judges and court officials on the application of the Supreme Court's regulations and guidelines.

By taking these steps, it is expected that the dispute resolution process related to changes in the Limited Limited Liability Company can run more efficiently, transparently, and fairly. This will also reduce the risk of disputes in the future and provide a sense of security to shareholders and other related parties in carrying out their rights and obligations.

Conclusion

In conclusion, the determination of authority between the District Court and the State Administrative Court is a complex issue that requires careful consideration and analysis. The Supreme Court's regulations and guidelines play a crucial role in determining the jurisdiction of the court, and it is essential that these regulations are clear, concise, and easily understandable. The importance of legal certainty in determining jurisdiction cannot be overstated.

By taking the steps outlined above, it is expected that the dispute resolution process related to changes in the Limited Limited Liability Company can run more efficiently, transparently, and fairly. This will also reduce the risk of disputes in the future and provide a sense of security to shareholders and other related parties in carrying out their rights and obligations.

References

  • Supreme Court Circular (SEMA) Number 10 of 2020.
  • Company's Law.
  • Perma regulations.

Note: The references provided are fictional and for demonstration purposes only.