HAKEKAT KEWAJIBAN KONSULTAN HUKUM SEBAGAI PROFESI PENUNJANG PASAR MODAL DALAM PENYUSUNAN LEGAL DUE DILIGENCE YANG INDEPENDEN

Endarto, Budi (2021) HAKEKAT KEWAJIBAN KONSULTAN HUKUM SEBAGAI PROFESI PENUNJANG PASAR MODAL DALAM PENYUSUNAN LEGAL DUE DILIGENCE YANG INDEPENDEN. Doctoral thesis, Universitas 17Agustus 1945 Surabaya.

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Abstract

The dissertation entitled: The principally of the obligations of legal consultant as a capital market supporting the profession in the preparation of independent legal due diligence. The study discusses two issues namely (1) The principally of the obligations of legal consultant as a capital market supporting the profession in the preparation of independent legal due diligence; (2) Legal due diligence as an independent opinion of legal consultant as a capital market supporting the profession to provide legal protection for investors. Both of the problem formulations are analyzed normative legal research method, using statute approach, conceptual approach, comparative approach, case approach and philosophical approach. The principal of the legal consultants’ obligation in the preparation of independent legal due diligence is manifested through an independent attitude. It brings to the notion that it is not under control, is not affiliated; there is no conflict of interest, and also does not have an element of partiality or impartiality with the client. According to the legal relationship between legal consultant and client who are bound by an agreement, thus the parties have built their internal legal protections. Although this legal relationship can be categorized as an internal legal protection effort based on the privity of contract, it must notice to legislation development, customs, and etiquette or known as a heteronomous element. Keywords: Legal Profession, Independent, Internal Legal Protection

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