Ganesha Law Review
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Published By Universitas Pendidikan Ganesha

2684-9038, 2656-9744

2019 ◽  
Vol 1 (1) ◽  
pp. 77-87
Author(s):  
Muhamad Hafizh Akram ◽  
Nisriina Primadani Fanaro

The Board of Directors is one of the most important organs in a Limited Liability Company. Management of the Company that carried out by the board of directors includes running business activities, controlling, and making business decisions that have an impact on a Limited Liability Company whether the decision will cause loss or profit. In making business decisions, the Board of Directors must do so in the manner of good faith, carefully, and in accordance with the aims and objectives of the Company's establishment. If the directors already made the decision the correct manner, they cannot be held personally accountable for the decisions they make. That is what a Business judgment rules is, a doctrine that provides protection to directors to not be personally responsible if the business decisions taken cause losses to the company. Relying on a literature study, the business judgment rule is implicitly regulated in article 92 paragraph 1 and 97 paragraph 5 of Law no. 40 of 2007 regarding the Limited Liability Companies, several cases related to the business judgment rule, this article intends to analyze the implementation of the doctrine of the business judgment rule in Indonesia


2019 ◽  
Vol 1 (1) ◽  
pp. 68-76
Author(s):  
Ni Ketut Sari Adnyani ◽  
Ni Nyoman Mandriani ◽  
Ni Kadek Putus Asrini

This research is motivated by the problem of service management for members who are recruited as customers based on mutual agreement. In terms of implementation, this is commonly practiced by Balinese women to set aside a portion of their income to be saved (cingkreman). However, if it is identified by a mechanism based solely on agreement, sometimes if there is an dishonest administrator it will have an impact on the losses of its members who are cingkreman customers. The issue of accountability becomes urgent in measuring the financial responsibility of the employees; the management has not been able to measure performance in providing services to sekaa cingkreman members; Cingkreman savings collection which deposits are also based on agreement, in terms of recording still manual and not systematic indicates that financial management has not been organized on a number of occasions the influence of management of all cingkreman has not yet achieved optimal results. In general, this study aims to develop a model of financial accountability and measurement of the performance of Balinese women in sekaa cingkreman (feasibility studies of public services). The method used in this study is a type of research developing a public service policy model among members of the sekaa cingkreman consisting of Balinese women. The policy of financial accountability can be seen from the perspective of Transparency. The techniques of collecting data are observation, interviews and documentation studies, data analysis techniques using qualitative descriptive techniques. The results of this study are models of financial accountability policies that show public service by Balinese women who are members of the sekaa cingkreman.


2019 ◽  
Vol 1 (1) ◽  
pp. 55-67
Author(s):  
Bernadeta Resti Nurhayati

Communities and laws have long discriminated against children outside of marriage. This causes out of wedlock children to get a negative stigma in their daily lives. People call it with various terms such as: “anak haram”, “haram jadah”, “anak kowar”, “anak astral”  and so on. Until now Indonesian law distinguishes the status, position and rights of children out of wedlock. An urgent issue to be resolved is disharmony in written legal norms that regulate the protection of children outside of marriage. The research objective is to evaluate and harmonize the legal norms that exist in the field of protection of civil rights of non-married children. Harmonization of these legal norms is based on the practice of legal protection, doctrine, and written norms that are directly related to the protection of extramarital children in Indonesia. This research is a complement to the dissertation. In this research, an inventory of positive legal norms in the field of status and position of out-of-child children, legal practices relating to the protection of children outside of marriage and the relevant legal theory to see the possibility of protection of children's rights. In this research, mapping of norms and institutions will be conducted to find out the parts that are conflicting / incompatible with each other, as a basis for formulating harmonization of laws and regulations in the field of status and position of children outside of marriage. From this harmonization, it is expected that norms that need to be revised will be found and formulas for norms that provide protection for civil rights for married children in Indonesia. Outputs are in the form of: draft dissertations that have been approved by promoters, reputable international scientific publications, accredited national publications, speakers of national and international meetings, and additional outputs in the form of draft reference books.


2019 ◽  
Vol 1 (1) ◽  
pp. 27-40
Author(s):  
Faissal Malik

The basic idea of ​​using the threat of capital punishment against perpetrators of "producers and dealers" regulated by Law Number 35 of 2009 concerning Narcotics as a policy to combat narcotics crime is based on several reasons, including: First, narcotics crimes committed by perpetrators of "producers and distributors "Organized and systematic patterns, because they are carried out with a very sophisticated modus operandi and have networks to circulate and trade for purely economic interests, so it is not easy to uncover and prove it. Second, the circulation and abuse of illicit drug trafficking by perpetrators of "producers and distributors" is a threat that sooner or later gives a serious impact because it destroys young generation, destroys the nation and the state that is not less powerful than criminal acts of terrorism and corruption, due to the fact that arising from narcotics abuse has caused victims of HIV / AIDS and hepatitis, even death among the very young generation. So that the Government of the Republic of Indonesia is of the view that the actions of the perpetrators of "producers and distributors" in producing and distributing narcotics are crimes against humanity, because their actions can destroy humanity slowly but surely.


2019 ◽  
Vol 1 (1) ◽  
pp. 14-26
Author(s):  
Elly Kristiani Purwendah

The shift in the Eco-Theocratic thinking in resolving oil pollution disputes at sea by tankers is intended as a new paradigm reconstruction that is more oriented to deep ecology with an ecoliteracy perspective towards a new ecodesign environment as an equal subject to human beings resisting anthropocentrism toward society sustainable sociaty and sustainable environmental development. This concept was built through an analysis of the shift in the perspective of philosophical figures from the organic paradigm of nature to the mechanistic paradigm of new nature and paradigms in looking at nature systemically, holistically and ecologically. This new ecoliteracy paradigm is analyzed through a system of democracy, ecocracy and theocracy with a measure of theology and paradigm of the Pancasila.


2019 ◽  
Vol 1 (1) ◽  
pp. 1-13
Author(s):  
Endah Rantau Itasari

The opening of access to education for all citizens is a conditio sine qua non value of freedom and justice. As long as there are citizens who cannot get access to education, even though at the most basic level, the state is the agency most responsible for this injustice. Without the guarantee of these basic needs, citizen participation in a democratic climate that allows for upward social movements to be far from expectations The elimination of discrimination should be done by providing the widest opportunity for every citizen to get an education, so that cheap schools, even free, will be created for all the people without exception. Therefore the government is required to be able to be fair by providing equal opportunities for every citizen to take education (formal) and be able to protect and guarantee the rights of citizens, especially for those who are financially incapable so that they can continue to receive proper education.


2019 ◽  
Vol 1 (1) ◽  
pp. 41-54
Author(s):  
Hartana Hartana

From the aspect of Capital Market Law, the Initial Public Offering (IPO) conducted by PT. Dian Swastatika Sentosa Tbk (PT. DSS Tbk) is legitimate and has complied with all the provisions governing this matter. This can be seen in a series of stages of the IPO implementation carried out by PT. DSS Tbk. Likewise, if viewed from the legal aspects of Mineral and Coal Mining, it does not indicate any contradiction with the article governing Coal Mining if it is associated with the IPO process of PT. DSS Tbk. In conducting the IPO, PT. DSS Tbk does not experience significant obstacles. The only obstacles faced are small bureaucratic obstacles and policies can be overcome by the active role of Bapepam-LK. This shows that Bapepam-LK has acted as a dynamic supervisor.


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