Journal & Issues

Journal Details
Format
Journal
eISSN
2620-9837
Published
05/08/2025
Languages
English
3 Articles
access type Open Access

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

Page range: 253-266

Abstract

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.

access type Open Access

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

Page range: 267-276

Abstract

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.

access type Open Access

KONSUMERISME DAN KORUPSI: PERSPEKTIF BUDAYA DAN HUKUM

Page range: 277-301

Abstract

This study analyzes the complex relationship between consumer culture and corrupt practices, using legal perspectives from the perspectives of cultural studies and law. Consumer culture, driven by an excessive desire for material possessions and social status, creates psychological and social pressures that can trigger corrupt acts. Culturally, consumerism encourages a shift in values from collective ethics to materialistic individualism, where success is often measured by wealth. As a result, people easily slip into corrupt lifestyles such as committing fraud, accepting gratuities/bribes, and so on. This legal research aims to provide a deeper understanding of the roots of corruption, which are not only structural but also cultural. This study finds that the phenomenon of consumption has become a culture, from the birth of consumer culture to the contradictions within consumer culture. It also discusses the relationship between consumer culture and corrupt lifestyles