Beberapa Aspek Hukum Kontrak pada Perusahaan Joint Venture di Kotamadya Medan

Abstract

To mobilize the development in economy, the Government has determined the forms of corporation between national and foreign capitals, One of them is a joint venture. This joint venture corporation is a company in which there is an integration between the national and foreign capital which formed according to Indonesian Law and located in Indonesia.

“This integrated joint venture company Ltd. is based on the presence of contract or agreement among the national and foreign investors for foreign investment in Indonesia. It is the contract made by these investors to be called as a joint venture contract. It is the contract or agreement in Indonesia should be subjected to the Book Ill KUH Perdata (Civil Law) of binding. While the building of any joint venture corporation requires enclosures issued by the Government as operational requirement of the company.

‘The forms of joint venture consist of two types. The first is a joint venture which not integrate capitals but for know how only. The second is an equity joint venture, that is a corporation which integrate any capitals in one company.

study is intended to know how apply the law contract in a joint venture company, which laws to be used when there are conflict of interest among the national and foreign investors, how far the position of foreign and the national shareholders for determination of policy of the joint venture company and even how the Government's role in determining the volume of joint venture contract. :

‘This study takes 18 samples of foreign investment company around Medan Municipality and it uses questionary as a collecting too! of data. Apart from the respondens, the primary data can also be obtained from Badan Koordinasi Penanaman Modal Daerah (the Coordinator Bureau of Regional Capital Investment) of North Sumatera Province by interview. From the research which can be completed, it can be drawn some conclusions as follow :