Penerapan Doktrin Business Judgment Rule  Dalam Perkara Tindak Pidana Korupsi Karen Agustiawan

Januarsyah, Mas Putra Zenno; Priyatno, Dwidja; Winata, Agung Sujati; Hidayat, Khairul

doi:10.26623/jic.v7i1.4922

Cited by 3 publications

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“…As a result of the default can cause losses, so if one party commits a default, it can be punished by paying compensation, cancelling the agreement, transferring risks or paying court costs if it reaches the court. [16] Dispute resolution is an essential aspect of consumer protection. It helps protect consumers, often the weaker party at the negotiating table.…”

Section: Resultsmentioning

confidence: 99%

Consumer Dispute Resolution Body Authority: An Examination of The Components of Default In Consumer Disputes

Hakim,

Sulistiyono,

Suwadi

2024

Advances in Social Science, Education and Humanities Research

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The Consumer Dispute Settlement Body (BPSK) is empowered by Law 8 of 1999 to investigate consumer issues. Consumer disputes encompass financing agreements involving a default aspect within the legal relationship. While there is a possibility of default, consumers opt for legal recourse at BPSK. The jurisdiction of the District Court is to adjudicate cases, including a component of noncompliance. However, BPSK receives multiple instances and subsequently analyzes and determines each instance. This article determines whether BPSK's choice to investigate consumer disputes involving defaults in financing agreements aligns with legal objectives. 2. Is it necessary to grant BPSK the jurisdiction to investigate consumer disputes in financing agreements that involve default clauses? A normative legal research method employing a qualitative approach is utilized to address the topic, with the idea of legal objectives serving as the theoretical framework. The research findings indicate that BPSK's decision-making process in consumer dispute cases has effectively addressed the issue of compensation for both consumers and corporate actors, successfully achieving its legal objectives. Therefore, it is necessary to grant BPSK the jurisdiction to investigate consumer issues involving default clauses in financing contracts.

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Section: Resultsmentioning

confidence: 99%

Consumer Dispute Resolution Body Authority: An Examination of The Components of Default In Consumer Disputes

Hakim,

Sulistiyono,

Suwadi

2024

Advances in Social Science, Education and Humanities Research

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The Business Judgment Rule in a Progressive Legal Perspective: Essence and Implications in Indonesia

et al. 2022

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The business judgment rule is a concept of business law to provide protection for the directors and commissioners of the company regarding liability due to decisions or policies that harm the company. This concept is important to realize creative and innovative directors in carrying out business practices. This study aims to explore the progressive legal aspects of the business judgment rule concept. This research is a normative legal research oriented to the study of the concept of business judgment rule and the theoretical study of progressive law. The primary legal materials in this study include: the 1945 Constitution of the Republic of Indonesia, the PT Law, and the POJK on the Board of Directors and Board of Commissioners of Issuers or Public Companies. Secondary legal materials include: the results of studies and research that discusses the concept of business judgment rule and progressive law. Non-legal materials include legal dictionaries. The results of the study confirm that the essence of the concept of business judgment rule is to optimize the effectiveness and efficiency of the company. This includes providing guarantees for protection and legal certainty for directors and commissioners regarding liability for company losses that can be excluded through the concept of a business judgment rule. The implications of the business judgment rule in the perspective of progressive law can be done by revising Article 97 paragraph (5) of the Limited Liability Company Law to guarantee the limits of the business judgment rule more specifically so as to ensure legal certainty, prioritizing human values in progressive law as guiding values in reading the formulation of Article 97 paragraph (5) PT Law, as well as the role of judges in court through their decisions to develop the concept of a business judgment rule in practice.

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Private Sector Bribery as a Corruption Crime for Legal Certainty in Indonesia

Amiati

2024

J. of Law and Sust. Develop.

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Objective: The purpose of this article is to examine the following considerations, the urgency of regulating corruption as a corruption crime (TIPIKOR) and the urgency of legal reform of the law for TIPIKOR in the future. Method: This study paper uses legal study that uses legal standards, reviews using the techniques of analyzing legal documents through study, and is presented in descriptive text. Results: As a result of the study, it was found that the reason for the weak anti-corruption law is the lack of visibility of Typico criminals committed outside the government. All artists who perform TIPIKOR must cooperate with national organizations, and even if the result of this action causes the country to lose a lot of money or the country's economy is down. Conclusion: The regulation of private sector bribery as a TIPIKOR in Indonesia is urgently needed to provide legal certainty against corruption acts spread across various rules that do not regulate TIPIKOR. The form of legal uncertainty is reflected in the many regulations that are outside the TIPIKOR law that regulates corruption in the private sector as specified in UNCAC 2003 but are not seen as TIPIKOR, so these actions are not seen as extraordinary crimes as is the case with corruption.

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Penerapan Doktrin Business Judgment Rule Dalam Perkara Tindak Pidana Korupsi Karen Agustiawan

Cited by 3 publications

References 1 publication

Consumer Dispute Resolution Body Authority: An Examination of The Components of Default In Consumer Disputes

Consumer Dispute Resolution Body Authority: An Examination of The Components of Default In Consumer Disputes

The Business Judgment Rule in a Progressive Legal Perspective: Essence and Implications in Indonesia

Private Sector Bribery as a Corruption Crime for Legal Certainty in Indonesia

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