Article Per Year (5 Year)
p-Index From 2021 - 2026
0.961
P-Index
This Author published in this journals
All Journal Collegium Studiosum Journal
Appe Hutauruk
Fakultas Hukum, Universitas Mpu Tantular, Jakarta, Indonesia
Humanities Law, Crime, Criminology & Criminal Justice

Published : 6 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 6 Documents
Search

 1 
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.
ANALISIS PENERAPAN PILIHAN HUKUM TERHADAP KONFLIK KONTRAK BISNIS INTERNASIONAL ANTARA PELAKU USAHA INDONESIA DAN MITRA ASING Syeni Adriana Lasut; FX Suyud Margono; Bahori Ahoen; 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.v9i1.2379

Abstract

This study aims to analyze the legal framework governing the application of choice of law in international business contracts between Indonesian business actors and foreign partners, identify the juridical obstacles encountered in its implementation, and formulate an ideal legal framework capable of ensuring legal certainty, justice, and legal utility. This research employs a normative legal research method using statutory, conceptual, comparative, and case approaches. The legal materials consist of primary legal sources, including the Indonesian Civil Code, Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution, as well as international legal instruments such as the UNIDROIT Principles of International Commercial Contracts, the Hague Principles on Choice of Law in International Commercial Contracts 2015, and the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (New York Convention). Secondary legal materials include legal textbooks, scientific journals, previous research, and scholarly opinions. The collected legal materials are analyzed qualitatively using a descriptive-analytical approach. The findings reveal that the application of choice of law in international business contracts reflects the principle of freedom of contract and has been widely accepted in international commercial practice. Nevertheless, its implementation in Indonesia continues to face significant challenges, including the absence of a codified Private International Law, the lack of explicit regulations governing the limitations of choice of law, and the continued reliance on legal doctrines, judicial precedents, and the principle of public policy. This study proposes the reconstruction of Indonesia’s legal framework through the enactment of a comprehensive Private International Law Act regulating choice of law, choice of forum, the recognition and enforcement of foreign judgments and arbitral awards, and harmonization with internationally accepted principles of commercial law.
TINJAUAN TERHADAP SENGKETA KLAIM PEMBAYARAN PESERTA JAMINAN KESEHATAN NASIONAL ANTARA BADAN PENYELENGGARA JAMINAN SOSIAL KESEHATAN DAN RUMAH SAKIT GRAHA MEDIKA KENARI KABUPATEN BOGOR Sutan Sulaiman; FX Suyud Margono; Bahori Ahoen; 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.v9i1.2381

Abstract

As a developing nation where prosperity is not yet evenly distributed, Indonesia has an obligation to ensure the health of its citizens; consequently, the state established a health insurance program to guarantee healthcare for the entire population. This initiative aims to realize public welfare through a Social Security System (SSS), designed to provide a sense of security throughout a person’s life from birth to death. In 2014, the government implemented a universal health insurance policy known as the Social Security Agency for Health (BPJS Kesehatan), regulated by Law Number 24 of 2011 concerning the Social Security Agency (BPJS). Physicians affiliated with “Dokter Indonesia Bersatu” (DIB) have discussed the detrimental aspects of the BPJS program; these issues have significantly impacted hospitals’ ability to provide optimal patient care, leading to instances where patients under the BPJS program have been refused service in West Java. Conflicts have arisen between hospital administrations and BPJS due to ineffective collaboration. This thesis examines three key issues: the nature of the partnership between hospitals and BPJS; legal protections for hospitals regarding BPJS’s failure to settle payments for patient healthcare services; and the legal avenues available to hospitals should BPJS fail to make such payments. The study employs an empirical juridical legal research method, utilizing primary, secondary, and tertiary legal materials. It adopts both statutory and socio-juridical approaches, gathering data through fieldwork and literature reviews. Data processing involves editing and coding, followed by quantitative descriptive analysis and the drawing of conclusions via the inductive method.
Co-Authors Ahsan Pasinringi Bahori Ahoen Fendi Maruba Parlindungan Hutahaea FX Suyud Margono Indra Jaya Mardiman Sane Robert L Simanungkalit Rumondang Sihite Sunarno Sutan Sulaiman Syeni Adriana Lasut