Sanskara Hukum dan HAM

Competition Law Analysis of BUMN Holding Based on the Concept of the "Single Economic Entity" Doctrine

Erni Istiyanti — Tue, 30 Apr 2024 00:00:00 +0000

The relationship between one company and its subsidiaries or other companies can be referred to as a single economic entity. The lack of freedom of the subsidiary causes the subsidiary to become a single economic entity. The impact of a single economic entity is that the behavior of each subsidiary is considered to be the same. This research aims to examine two things, First, the legal relationship between the parent and subsidiaries with regard to the concept of "single economic entity", especially with regard to the assets of BUMN that come from directly separated state assets; Second, the legal responsibility of the state as a shareholder in the event that there are indications of non-independence of BUMN subsidiaries that can lead to violations of Law No. 5/1999. This research method uses normative research methods with literature study methods. The results of this research show: First, the state becomes acta de jure gestionis (jus gestionis) meaning that the state can be held accountable in the general judicial body. The state or government will lose its immunity as the holder of state sovereign authority (iure imperi) if the State is involved in a business affair. Second, the financial accountability of BUMN is subject to Law No.40 /2007 concerning Limited Liability Companies, namely accountability at the RUPS of the state as a shareholder who has included its capital in a persero is only responsible for the amount of capital that has been included and the assets of the persero are separate from state finances.

Legal Implications for Cooperative Legal Entities That Have Been Declared Bankrupt by the Commercial Court

Luqman Hakim, Erni Istiyanti — Tue, 30 Apr 2024 00:00:00 +0000

Problems in cooperatives are often in the management of cooperatives and businesses. This problem is because until now many cooperatives are managed by people who are not professional in their fields, so that the progressiveness of cooperatives is difficult to develop. The purpose of this study is to determine the legal implications of the Cooperative legal entity declared bankrupt by the Commercial Court. The research method used is normative legal research, namely legal research by examining legal data sourced from the literature related to the literature related to the topic of this research. The results of this study are the legal consequences of a legal entity being declared bankrupt by the Commercial Court, including: a) Bankruptcy against a Cooperative does not necessarily end with the liquidation and dissolution of the Cooperative legal entity; b) Cooperatives can still carry out legal activities; c) The curator specified in the bankruptcy decision shall immediately be tasked with administering and controlling the bankruptcy estate; d) Actio Paulina applies; c) The lease can be terminated; and d) Employees may be terminated (PHK).

Public Understanding of the Implementation of Islamic Law in the Context of Modern Life in Indonesia

Tue, 30 Apr 2024 00:00:00 +0000

This qualitative research explores people's understanding of the application of Islamic law in the context of modern life in Indonesia. As the country with the largest Muslim majority population in the world, Indonesia is a unique case study to see the intersection between Islamic law and the dynamics of contemporary society. Through in-depth interviews and thematic analysis, this study explores the diverse perspectives, beliefs and experiences of Indonesian individuals regarding Sharia principles and their relevance in today's society. The findings highlight the complexities of reconciling religious norms, cultural traditions, and modern realities in Indonesian society, and provide insights for policymakers, scholars, and civil society actors seeking to promote social cohesion, religious tolerance, and legal reform.

Public Perception of the Impact of Technological Challenges on Human Rights in Indonesia

Loso Judijanto, Arief Fahmi Lubis — Tue, 30 Apr 2024 00:00:00 +0000

This qualitative research investigates public perceptions of the impact of technological challenges on human rights in Indonesia. Through in-depth interviews with 15 participants from various backgrounds, this research explores the perceived benefits and challenges of technology, attitudes towards government regulation, and trust in technology companies. The findings reveal a nuanced understanding of the intersection of technology and human rights, highlighting concerns about privacy, freedom of expression, and corporate accountability. While technology offers opportunities for empowerment and connectivity, it also carries risks such as data breaches, online censorship and the digital divide. This study underscores the importance of balancing innovation with the protection of fundamental rights and calls for transparent, accountable and ethically responsible practices in the digital realm.

Restorative Justice for Child Criminals in the New Criminal Code in Indonesia

Andrie Irawan, Wahyono Wahyono — Tue, 30 Apr 2024 00:00:00 +0000

The aim of this research is to determine the application of restorative justice to children who are criminals in the juvenile criminal justice system in Indonesia and to reveal the problems of obstacles in the application of restorative justice as an alternative in the process of implementing the justice system for children in conflict with the law. This research methodology is included in the category of normative legal research, because normative research mainly uses library materials as a source of research data or also known as (library research), a method used to collect data from various literature. This research is descriptive analysis, which is included in the scope of research that describes, examines, explains precisely and analyzes the laws and regulations related to this research. The results of the research can be concluded that, First, the existence of Law Number 1 of 2023 concerning the Criminal Code (UU KUHP) as the new Criminal Code (KUHP) in Indonesia seeks to implement the legal ideals of restorative justice. the only concepts that are substantively built into the newly passed Criminal Code.