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

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

Rr Ani Wijayati, Chris Anggi Natalia Berutu, Mawar Sitohang — Wed, 13 Aug 2025 00:00:00 +0700

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

Sari Yuliati, I Dewa Ayu Widyani, Tomson Situmeang, Jimmy Simanjuntak — Thu, 07 Aug 2025 00:00:00 +0700

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.

KONSUMERISME DAN KORUPSI: PERSPEKTIF BUDAYA DAN HUKUM

Mawar Sitohang, Petrus CKL Bello — Wed, 13 Aug 2025 00:00:00 +0700

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

ANALISIS HUKUM EKONOMI TERHADAP PEMBERLAKUAN PRINSIP KEMANUSIAAN DALAM PENEGAKAN HUKUM DI INDONESIA

Petrus CKL Bello — Mon, 18 Aug 2025 00:00:00 +0700

The characteristic of post-traditional (post-feudal) law is that the law must be in accordance with human rights. In his writing "The Jewish Question" Karl Marx gave a deep critique of the human rights ideology. The core of Marx's critique is that the human rights ideology views humans not as humans, but as members of bourgeois society. Marxists usually assume that what works behind humans' backs and directs them are economic forces and their political implications. Even in Das Kapital, Marx uses the concept of "disabled humans". Pancasila was formulated several years before the United Nations General Assembly (UN) issued the Universal Declaration of Human Rights (UDHR) in 1948. However, the content of the state's foundations first put forward by Soekarno in 1945 was very visionary and preceded world concerns about the protection of Human Rights as stated in the UDHR. This fact confirms that although Pancasila was born from the local thoughts of the Indonesian people, the views contained therein are very modern. Pancasila as a whole contains universally recognized principles of state administration such as respect for human dignity or humanity, freedom, equality, and social justice. The meaning of these Principles will be clear by looking at Soekarno's thoughts when he first conveyed his ideas in front of the Investigating Committee for Preparatory Work for Independence (BPUPK) on June 1, 1945. This article, in addition to trying to analyze humanity in the tradition of Marxism, Pancasila and UDHR, also tries to show the harmony of the three in terms of humanity and shows the concept of "human nature" which was originally not used for thousands of years by many rulers and since UDHR has begun to be taken into account in regulations and laws related to what everyone claims as "human nature" is still needed in law enforcement in Indonesia based on the approach/analysis of economic law.