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All Journal Collegium Studiosum Journal
Appe Hutauruk
Fakultas Hukum, Universitas Mpu Tantular, Jakarta, Indonesia
Humanities Law, Crime, Criminology & Criminal Justice

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URGENSI PERUBAHAN PENGATURAN ORGANISASI ADVOKAT UNTUK MEWUJUDKAN FUNGSI HUKUM Robert L Simanungkalit; Appe Hutauruk; Mardiman Sane; Sunarno
Collegium Studiosum Journal Vol. 9 No. 1 (2026): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v9i1.2356

Abstract

The enactment of the National Criminal Code under Law Number 1 of 2023 and the Criminal Procedure Code under Law Number 20 of 2025 marks a major reform of Indonesia's criminal justice system by reinforcing the position of advocates as equal law enforcement officers. Nevertheless, the effectiveness of these reforms is constrained by the fragmented structure of advocate organizations, which creates inconsistencies in professional standards, ethical enforcement, legal education, and institutional accountability. This study examines the urgency of reconstructing the regulation of advocate organizations to support the implementation of advocates' functions within the new criminal justice framework and proposes an institutional model that promotes professionalism, integrity, and legal certainty. The research applies a socio-legal approach with a dominant normative juridical method through library research, utilizing legislation, court decisions, books, and scientific journals as primary and secondary legal materials. The findings indicate that the current multi-bar system weakens professional standardization and ethical supervision, thereby reducing advocates' effectiveness in fulfilling their constitutional role. The study concludes that regulatory reconstruction is essential through an integrated institutional framework that standardizes professional education, strengthens ethical enforcement, and improves supervision while respecting the constitutional freedom of association. Such reform is expected to reinforce the advocate profession as an officium nobile and enhance justice, legal certainty, and the effectiveness of Indonesia's criminal justice system.
ANALISIS YURIDIS PELANGGARAN PRINSIP FIDUCIARY DUTY OLEH DIREKSI YANG MELAKUKAN RANGKAP JABATAN DALAM PERSEROAN TERBATAS Rumondang Sihite; Appe Hutauruk; Mardiman Sane; Fendi Maruba Parlindungan Hutahaea
Collegium Studiosum Journal Vol. 9 No. 1 (2026): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v9i1.2357

Abstract

The principle of fiduciary duty is an obligation that requires directors to manage the company in good faith, prudence, loyalty, and solely in the best interests of the company. In practice, directors who hold concurrent positions have the potential to create conflicts of interest that can reduce independence and increase the risk of violations of fiduciary obligations. This study aims to examine the legal regulations regarding the principle of fiduciary duty for directors who hold concurrent positions in limited liability companies and analyze the forms of fiduciary duty violations and their legal responsibilities based on Supreme Court Decision Number 1005 K/Pdt/2016. This study uses a normative legal research method. Legal materials are analyzed qualitatively through legal interpretation and legal reasoning. The results of the study indicate that in Supreme Court Decision Number 1005 K/Pdt/2016, the actions of directors who issue corporate guarantees without the approval of the Board of Commissioners are declared as a violation of the principle of fiduciary duty so that directors are held personally and jointly responsible for losses suffered by the company. This study concludes that it is necessary to strengthen legal regulations regarding fiduciary duty, clarify regulations regarding conflicts of interest due to dual positions, and implement the principles of good corporate governance more comprehensively to increase legal certainty, accountability in company management, and protection for shareholders and other stakeholders.
ANALISIS TERHADAP KESEIMBANGAN PERLINDUNGAN HAK CIPTA DAN KEPENTINGAN EKONOMI PELAKU USAHA DALAM PEMUNGUTAN ROYALTI MUSIK Indra Jaya; Appe Hutauruk; Mardiman Sane
Collegium Studiosum Journal Vol. 9 No. 1 (2026): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v9i1.2358

Abstract

The enactment of Government Regulation Number 56 of 2021 concerning the Management of Copyright Royalties for Songs and/or Music represents a significant step toward strengthening the protection of the economic rights of creators and copyright holders in Indonesia. However, its implementation has raised legal issues regarding the determination of royalty-paying business actors, overlapping royalty obligations, and the balance between copyright protection and business interests in the digital era. This study aims to analyze the legal framework governing music royalty collection, evaluate whether the current system reflects the principles of justice, legal certainty, and proportionality, and formulate a fair limitation of royalty-paying subjects. The research employs a normative juridical method supported by a socio-legal approach through statutory, conceptual, comparative, case, and socio-legal analyses. The findings indicate that the existing regulatory framework does not clearly classify commercial music users, creating legal uncertainty and the potential imposition of disproportionate royalty obligations on businesses that use music only as a supporting element of their activities. Accordingly, this study proposes a reformulated royalty system that classifies users into Primary Users and Secondary Users based on the extent of direct economic benefit obtained from musical works. This approach is expected to promote a more balanced, equitable, and proportionate royalty management system while ensuring effective copyright protection and supporting sustainable business activities.
TINJAUAN HUKUM TINDAK PIDANA DUGAAN MAFIA TANAH OLEH APARATUR KECAMATAN SERPONG Ahsan Pasinringi; FX Suyud Margono; Appe Hutauruk
Collegium Studiosum Journal Vol. 9 No. 1 (2026): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v9i1.2359

Abstract

Land mafia practices in Indonesia have become a systemic phenomenon that threatens legal certainty and human rights. The contradiction between the principle of the rule of law and the vulnerability of old land title documents (Girik/Letter C) often triggers maladministration and abuse of authority by officials at the village and sub-district levels. Ideally, land governance should guarantee the protection of community rights by adhering to the General Principles of Good Governance (AAUPB), particularly the principles of accuracy and legality. This normative juridical legal research analyzes the legal implications of government maladministration in issuing invalid land transfer letters and evaluates the role of the State Administrative Court (PTUN) as an instrument for rights restoration. Through a statutory approach and case studies, it was found that the actions of officials who failed to verify documents legally fulfilled the elements of an unlawful act by the government (onrechtmatige overheidsdaad). The results of the study indicate that the PTUN plays a crucial role as a corrective and repressive instrument for victims. As reflected in Decision Number 533K/TUN/KI/2019, the judiciary is capable of restoring the rights of legitimate owners in full (restitutio in integrum). As a solution, strengthening administrative order and accelerating the digitization of land documents at the village level is necessary. This step is urgently needed to close the vulnerabilities exploited by land mafia networks to ensure legal certainty for the community.
Co-Authors Ahsan Pasinringi Fendi Maruba Parlindungan Hutahaea FX Suyud Margono Indra Jaya Mardiman Sane Robert L Simanungkalit Rumondang Sihite Sunarno