Pena Justisia: Media Komunikasi dan Kajian Hukum (edisi elektronik)最新文献

Implementation of the Principle of Business Judgement Rule Doctrine to State-Owned Companies as an Effort to Protect Directors in Good Faith 商业判断规则原则在国有公司中的实施:保护董事诚信的努力

Pena Justisia: Media Komunikasi dan Kajian Hukum (edisi elektronik) Pub Date : 2023-06-30 DOI: 10.31941/pj.v22i2.3090

I Made Pria Dharsana, Indrasari Kresnadjaja, I Putu Lingga Dhananjaya

{"title":"Implementation of the Principle of Business Judgement Rule Doctrine to State-Owned Companies as an Effort to Protect Directors in Good Faith","authors":"I Made Pria Dharsana, Indrasari Kresnadjaja, I Putu Lingga Dhananjaya","doi":"10.31941/pj.v22i2.3090","DOIUrl":"https://doi.org/10.31941/pj.v22i2.3090","url":null,"abstract":"The Business Judgement Rule is a doctrine that protects Directors in good faith for the Company's losses. The point is that as long as the Board of Directors acts in good faith and solely for the Company's benefit. However, it turns out that the Company still suffers losses. It does not necessarily become the burden of the Board of Directors personal responsibility. Therefore, the Board of Directors cannot be held responsible for the Company's losses if the Board of Directors, in carrying out actions, has fulfilled all its obligations with the principles of good corporate Governance (GCG). If all GCG obligations and principles have been fulfilled, the Board of Directors is categorized as having good faith and cannot be declared wrong. The results of the author's study, in the context of the Business Judgment Rule Doctrine, the losses incurred are normal or reasonable business losses, and therefore the Company is responsible. And no one can be punished if there is no mistake. With the background of the Constitutional Court Decision Number 01/PHPUPres/XVII/2019 (Constitutional Court Decision 01) and two Supreme Court Decisions, the author tries to examine in more detail related to Decision No. 3849/K/Pid.Sus/2019 dated December 2, 2019, on behalf of Defendant Frederick ST Siahaan (former Finance Director of Pertamina) / (Supreme Court Decision 3849) and Decision No. 121K/Pid.Sus/2020 dated March 9, 2020, on behalf of Defendant Karen Agustiawan (former President Director of Pertamina).","PeriodicalId":471669,"journal":{"name":"Pena Justisia: Media Komunikasi dan Kajian Hukum (edisi elektronik)","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136370146","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Elimination of Criminal Sanctions in a Forced Defense that Transgresses Limits as a Form of Justice 作为一种正义形式的超越限度的强制辩护中刑事制裁的消除

Pena Justisia: Media Komunikasi dan Kajian Hukum (edisi elektronik) Pub Date : 2023-06-30 DOI: 10.31941/pj.v22i2.2368

Heni Susanti, Mutia Meduri

{"title":"Elimination of Criminal Sanctions in a Forced Defense that Transgresses Limits as a Form of Justice","authors":"Heni Susanti, Mutia Meduri","doi":"10.31941/pj.v22i2.2368","DOIUrl":"https://doi.org/10.31941/pj.v22i2.2368","url":null,"abstract":"<table width=\"574\" border=\"0\" cellspacing=\"0\" cellpadding=\"0\"><tbody><tr><td valign=\"top\" width=\"366\">The aim of the article is to prove that not all criminal acts can be punished. There is a rule that states if someone commits a crime for reasons of compulsion that exceeds the limit, it cannot be punished. The urgency of this research is that justice must be upheld, therefore criminals who commit crimes for reasons of Noodweer Excesses must be protected and given the opportunity for their rights as citizens to get justice in accordance with existing rules.. This research is a type of normative legal research. Normative research is a process to find the rule of law, legal principles, and legal doctrines to answer the legal issues faced. The form of justice can be seen in the fulfillment of the elements of Article 49 Paragraph 2 of the Criminal Code regarding forced defense that exceeds the limit: the existence of a great mental shock due to attacks carried out by witnesses, causing the forced defense transgresses the limit. The act of defense is balanced with the attack that is threatened. Severe mental agitation is not only limited to asthenische affecten as in the form of anxiety, fear, or helplessness, but is a sthenische affecten such as anger, wrath or irritation and the consequences of turning self-defense into an attack and excessive or at least using drastical or disproportionate efforts. There is a threat of attack and an ongoing attack or danger is still threatening.</td></tr></tbody></table>","PeriodicalId":471669,"journal":{"name":"Pena Justisia: Media Komunikasi dan Kajian Hukum (edisi elektronik)","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136370153","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Legal Certainty In The Role Of The DPRD Functions In Implementing The Right Of Interpelation Based On Constituonal Practices 从宪法实践看人大职能在行使解释权中的法律确定性

Pena Justisia: Media Komunikasi dan Kajian Hukum (edisi elektronik) Pub Date : 2023-06-30 DOI: 10.31941/pj.v22i2.3207

Anwar - Hidayat

{"title":"Legal Certainty In The Role Of The DPRD Functions In Implementing The Right Of Interpelation Based On Constituonal Practices","authors":"Anwar - Hidayat","doi":"10.31941/pj.v22i2.3207","DOIUrl":"https://doi.org/10.31941/pj.v22i2.3207","url":null,"abstract":"The Regional People's Legislative Council (DPRD) is a legislative institution which is an element of the constitutional structure in our country. This institution functions as a policy initiator, policy supervisor, and works together with the executive to develop joint policies for the welfare of the people. DPRD has many rights in carrying out its duties and functions, one of the many rights is the right of interpellation. The right of interpellation is the right of the DPRD to request information from the government regarding strategic policies that have an impact on social life which certainly affects the development of the nation. The right of interpellation is the right of the DPR/DPRD to ask the government for information regarding important and strategic policies that have an impact on people's lives and the dynamics of the nation. that in forming an Act the DPR cannot proceed alone without the approval of the President. Both of them, both the DPR and the President must agree, the DPR cannot agree but the President does not agree. The two must go hand in hand to agree together.","PeriodicalId":471669,"journal":{"name":"Pena Justisia: Media Komunikasi dan Kajian Hukum (edisi elektronik)","volume":"113 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136370305","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Reviews Include In The Categories Of Providing Information Or Utterances Hate 评论包括在提供信息或言论仇恨的类别中

Pena Justisia: Media Komunikasi dan Kajian Hukum (edisi elektronik) Pub Date : 2023-06-30 DOI: 10.31941/pj.v22i2.2489

Susila Susila, Danang Wahyu Muhammad

引用次数: 0

Juridical Review of Spatial Planning and Control of Space Utilization in the Situ Kayu Antap Area in the South Tangerang City Area in the Perspective of National Land Law 国家土地法视角下坦格朗南区司徒卡峪安塔塔区空间规划与空间利用控制的司法评析

Pena Justisia: Media Komunikasi dan Kajian Hukum (edisi elektronik) Pub Date : 2023-06-30 DOI: 10.31941/pj.v22i2.2369

Levy Maulana Muhammad

{"title":"Juridical Review of Spatial Planning and Control of Space Utilization in the Situ Kayu Antap Area in the South Tangerang City Area in the Perspective of National Land Law","authors":"Levy Maulana Muhammad","doi":"10.31941/pj.v22i2.2369","DOIUrl":"https://doi.org/10.31941/pj.v22i2.2369","url":null,"abstract":"Juridically, there is a legal problem where Situ Kayu Antap located in the city of South Tangerang has a discrepancy in the use of its space, namely the issuance of land rights without the results of analysis or study of relevant physical data and juridical data, so it is necessary to control the use of space in the situ area in the South Tangerang city area in the perspective of national land law. The type of research in this research is normative legal research, namely research on legal principles, legal theory, legal concepts and legislation related to this research. The theory, principles and legal concepts are used to determine that the location of Situ Kayu Antap is an inland water source in the South Tangerang city area which is designated as one of the National Strategic Areas and is a protected area that must be preserved for the welfare of the people. Based on the author's research, PT. Hana Kreasi Persada, which currently has a Building Use Right over the Situ Kayu Antap area, can have its land rights revoked on the basis of public interest and can be compensated by the South Tangerang city government based on the provisions of the applicable laws and regulations.","PeriodicalId":471669,"journal":{"name":"Pena Justisia: Media Komunikasi dan Kajian Hukum (edisi elektronik)","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136370144","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Misuse of Personal Data as a Crime from a Cyber Law Perspective 从网络法的角度看滥用个人资料的犯罪行为

Pena Justisia: Media Komunikasi dan Kajian Hukum (edisi elektronik) Pub Date : 2023-06-30 DOI: 10.31941/pj.v22i2.3073

I Gusti Bagus Yudas Swastika, Anak Agung Ayu Ngurah Sri Rahayu Gorda, AAA. Ngr. Tini Rusmini Gorda, I Gede Agus Kurniawan

引用次数: 0

Rights to Oloran Land (aanslibbing) in Ujungpangkah District, Gresik Regency Prespective of Traditional Land Law in National Land Law System 《国家土地法体系中传统土地法的透视》

Pena Justisia: Media Komunikasi dan Kajian Hukum (edisi elektronik) Pub Date : 2023-06-30 DOI: 10.31941/pj.v22i2.2407

Suyanto Suyanto

{"title":"Rights to Oloran Land (aanslibbing) in Ujungpangkah District, Gresik Regency Prespective of Traditional Land Law in National Land Law System","authors":"Suyanto Suyanto","doi":"10.31941/pj.v22i2.2407","DOIUrl":"https://doi.org/10.31941/pj.v22i2.2407","url":null,"abstract":"The control of oloran land rights (aanslibbing) in the community of Ujung Pangkah Subdistrict, Gresik Regency, East Java Province from the past until now has led to the conception of customary land ownership, which is hereditary based on customary law that applies in the community, namely obtained a seal letter from the Village Head p. This resulted in local regulation (self regulation) as customary land law, with the principle that oloran land is customary land that does not have a conceptual arrangement that is recognized and respected by the state as state land. This research is a normative research aimed at providing answers to the legal vacuum that regulates the granting of oloran land rights originating from customary law by using a statutory approach and a conceptual approach. The results of this study found that the UUPA which regulates national land law provides land recognition for oloran land (aanslibbing) which is sourced from customary land law as state land which can be applied for rights by using the provisions in the Regulation of the Head of BPN Number 9 of 1999 by giving the first rights in the form of Ownership Rights, Use Rights and Building Use Rights.","PeriodicalId":471669,"journal":{"name":"Pena Justisia: Media Komunikasi dan Kajian Hukum (edisi elektronik)","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136370150","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Attachment Of Client Photo During The Signing Of The Authentic Minutes Deed 在签署真实会议纪要时附上客户照片

Pena Justisia: Media Komunikasi dan Kajian Hukum (edisi elektronik) Pub Date : 2023-06-30 DOI: 10.31941/pj.v22i2.2391

Hengky -, Mohamad Fajri Mekka Putra

{"title":"The Attachment Of Client Photo During The Signing Of The Authentic Minutes Deed","authors":"Hengky -, Mohamad Fajri Mekka Putra","doi":"10.31941/pj.v22i2.2391","DOIUrl":"https://doi.org/10.31941/pj.v22i2.2391","url":null,"abstract":"This study aims to analyze the urgency of attaching the photo of the person at the time of signing the deed in the minutes of the deed and to examine more deeply the position of the photo as evidence in the trial. The form of this research is juridical-normative which relies on written legal sources with a research typology that is explanatory and in the form of prescriptive. The type of data used in the form of secondary data sourced from primary, secondary and tertiary legal materials with qualitative data analysis methods. Attaching a photo of the person at the time of signing the deed in the minutes of the deed is expected to further guarantee the Notary in carrying out his obligations in the deed inauguration process, so that he does not only adhere to the presence of fingerprints which also have the potential to be taken at different times, because essentially the role of affixing fingerprints on the sheet separate evidence is as additional evidence if the appearer denies his signature and guarantees that the appearer is actually dealing with the notary at the time of signing the deed, but does not guarantee that the signing is done at the same time","PeriodicalId":471669,"journal":{"name":"Pena Justisia: Media Komunikasi dan Kajian Hukum (edisi elektronik)","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136370151","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Role of Intelligence in Law Enforcement for Combating Terrorism Cases in Indonesia 情报在印尼打击恐怖主义案件的执法工作中所扮演的角色

Pena Justisia: Media Komunikasi dan Kajian Hukum (edisi elektronik) Pub Date : 2023-06-30 DOI: 10.31941/pj.v22i2.3184

Achmad Zainal Huda

引用次数: 0

The Lex Favor Reo Principle After New Criminal Code: A Corrective Justice’s Perspective 新刑法典后的法惠原则:一个矫正司法的视角

Pena Justisia: Media Komunikasi dan Kajian Hukum (edisi elektronik) Pub Date : 2023-06-30 DOI: 10.31941/pj.v22i2.2997

Henny Saida Flora, Fradhana Putra Disantara, Mac Thi Hoai Thuong

{"title":"The Lex Favor Reo Principle After New Criminal Code: A Corrective Justice’s Perspective","authors":"Henny Saida Flora, Fradhana Putra Disantara, Mac Thi Hoai Thuong","doi":"10.31941/pj.v22i2.2997","DOIUrl":"https://doi.org/10.31941/pj.v22i2.2997","url":null,"abstract":"The purpose of this study is to analyze the existence and implications of the lex favor reo principle after the ratification of the new Criminal Code in relation to aspects of corrective justice. This research is normative legal research by prioritizing conceptual and statutory approaches. The results of the study show that the existence of the lex favor reo principle after the ratification of the new Criminal Code, namely as formulated in Article 3 juncto Article 618 of the new Criminal Code, the existence and applicability of the lex favor reo principle can be immediately enforced. The implication of the lex favor reo principle in optimizing aspects of corrective justice after the ratification of the new Criminal Code is that the implementation of the lex favor reo principle has implications for the existence of criminal sanctions experienced by defendants in the old Criminal Code. Suggestions in this study are that for law enforcement officials, special attention is needed when trying a crime, especially by first paying attention to the lex favor reo principle to see which sanctions are more profitable for the accused.","PeriodicalId":471669,"journal":{"name":"Pena Justisia: Media Komunikasi dan Kajian Hukum (edisi elektronik)","volume":"47 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136370149","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0