The Company Establishment Based on Musharakah Agreement Which Hold on Justice Principle

Abstract

This research has the goal (1) identify, analyze and explain the form of the principle of fairness based on Musharakah contract in the agreement forming the company. (2) identify, analyze and explain the laws that exist in Indonesia to accommodate the Musharakah contract in the agreement forming the company containing the principle of fairness to the parties in it. (3) identify, analyze and develop the concept of the future treaty forming the company containing the principle of justice based contract Musharakah. This research is a normative law (legal normative research) are often referred to doctrinal research, namely: an object of research is to study the legislation documents and library materials. This research is paradigmatic hermeneutics, using an approach of philosophy of law (legal philosophy approach), regulatory approaches, and conceptual approaches. The final results of the study indicate that there is fairness in the distribution of gains and losses, as well as the proportion of capital that included the parties. Musharaka contract itself has been accommodated within the laws of economics and business in Indonesia, the rule of the most high to the lowest.