Jurnal Hukum to-ra : Hukum Untuk Mengatur dan Melindungi Masyarakat

PENERAPAN BUSINESS JUDGMENT RULE DALAM TANGGUNG JAWAB DIREKSI BADAN USAHA MILIK NEGARA

2025-08-07T10:37:50+07:00

The Board of Directors of State-Owned Enterprises (BUMN) is an organ that has the duty and authority to carry out management and representation in and outside the court. In carrying out its management, the Board of Directors of State-Owned Enterprises has the principle of Business Judgment Rule in making business decisions that have an impact on the company in the future. Business Judgment Rule is a principle that protects the authority of directors in making business decisions. Directors are given flexibility and receive legal protection so that their decisions cannot be challenged even if this can cause state financial losses, but the doctrine often clashes with the characteristics of business that cannot be predicted and determined with certainty due to various influencing factors. This paper aims to analyze the application of the Business Judgment Rule principle known as the immunity doctrine to the business decisions of the Board of Directors of State-Owned Enterprises. Based on a literature review, this research concludes that the Business Judgment Rule has been implicitly regulated in Article 97 paragraph (5) of Law Number 40 of 2007 and Article 9F of Law Number 25 of 2025, but it is necessary to harmonize laws and regulations to understand the business judgment rule.

IMPLEMENTASI PARTISIPASI PUBLIK DALAM PENYUSUNAN UNDANG-UNDANG DI DPR RI STUDI KASUS: PENYUSUNAN UNDANG-UNDANG NOMOR 1 TAHUN 2023 TENTANG KUHP

2025-08-07T10:16:48+07:00

DPR RI has the authority to cover three functions, namely the budget function, supervisory function and legislative function. Legal products or laws are drafted through a formation process with meaningful participation by the public, as stipulated in Law Number 12 of 2011 as amended by Law Number 13 of 2022 on the Formation of Legislation (PPP Law). In drafting the Criminal Code Law, the House of Representatives certainly adheres to the PPP Law as a guideline. Through this research, it attempts to analyze the drafting process and the formation of Law No. 1 of 2023 on the Criminal Code with reference to the PPP Law. This research uses normative research method with statute approach and conceptual approach. The scope of this research is to examine meaningful public participation in the preparation or formation of Law No. 1 of 2023 on the Criminal Code. The findings of this study, although a series of processes have been carried out in the preparation of Law Number 1 Year 2023 on the Criminal Code, there are still debates in the community that cannot escape criticism as a form of public participation.

PERTANGGUNGJAWABAN PIDANA KURATOR YANG MELAKUKAN PENGGELAPAN DALAM PENGURUSAN DAN PEMBERESAN HARTA PAILIT

2025-05-12T18:35:51+07:00

Bankruptcy is a general confiscation of all assets of a bankrupt debtor whose management and settlement is carried out by the curator under the supervision of a supervisory judge, (Article 1 paragraph 1 of Law No. 37 of 2004) Bankruptcy regulations are made and issued because the assets of the debtor are not sufficient to be distributed to creditors as a result of the seizure of bankruptcy assets. With the aim that to protect creditors from obtaining their rights in bankruptcy, to provide opportunities for debtors and creditors to negotiate and make mutual agreements or even provide protection to creditors and debtors for errors or omissions from the curator in the bankruptcy estate. The purpose and objective of writing this thesis is to find out the responsibilities of a curator who made mistakes or omissions in the management and settlement of bankrupt assets and also to find out the extent of legal protection for debtors and creditors against actions taken by the curator. The research method used is a normative juridical research with a statutory approach and uses a decision study where the author analyzes the position of debtors and or creditors who file a bankruptcy application and have legal standing as an applicant for bankruptcy to companies, both private and state-owned companies.

ANALISIS YURIDIS PEMBELAAN TERPAKSA DIRI SENDIRI BERDASARKAN PASAL 49 KITAB UNDANG-UNDANG HUKUM PIDANA

2025-05-03T12:12:38+07:00

The definition of forced defense when viewed in terms of language, forced defense or noodweer consists of the words nood and "weer". Nood which means an emergency or in an unexpected (difficult) situation, which requires immediate response in a forced situation. Weer means defense which means the act of defending, helping, releasing from danger. Forced Defense Exceeding Limits (noodweer exces) has two conditions to be able to declare someone carrying out forced defenses that are exceeding limits. First, there must be a situation that gives rise to forced defense as discussed above (Article 49 paragraph (1) of the Criminal Code). Second, there must be great mental turmoil as a result of the attack causing a forced defense that goes too far. Based on the formulation of Article 49 paragraph (2) of the Criminal Code The purpose of this research is to find out and discuss protection, the rights of victims who are subject to criminal sanctions by judges and an analysis of the decisions given by judges in the case study case Number 1/Pid.Sus-Anak/2020/PN kpn. The writing of this law uses a normative juridical research method, the type of data used is secondary data, the approach method used is a statutory approach, and data analysis uses qualitative analysis to determine protection for victims of wiretapping.