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All Journal Jurnal Ilmu Hukum The Juris
Desni Raspita
Universitas Muhammadiyah Palembang, Palembang, Indonesia
Law, Crime, Criminology & Criminal Justice

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PENERAPAN KEPATUHAN HUKUM DAN GOOD CORPORATE GOVERNANCE SEBAGAI UPAYA MENINGKATAN KINERJA PERUSAHAAN Desni Raspita; Mona Wulandari; Hendra Apriyanto
The Juris Vol. 10 No. 1 (2026): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v10i1.2346

Abstract

Legal compliance and Good Corporate Governance (GCG) represents sound corporate principles that must be applied in company management, solely to safeguard the company's interests in pursuit of its aims and objectives. These sound principles entail a balanced relationship among corporate organs, shareholders, and stakeholders; a clear division of duties, authority, and responsibilities among corporate organs in accordance with the company's structure; and operational mechanisms aligned with the Limited Liability Company Law and the company's Articles of Association—all implementing GCG based on the principles of transparency, fairness, and accountability. This study employs doctrinal legal research. The concrete application of GCG principles aims to benefit the company by: first, facilitating access to domestic and foreign investment; second, securing a lower cost of capital; third, enabling better decision-making to enhance economic performance; fourth, boosting stakeholder confidence and trust in the company; and fifth, protecting the board of directors and board of commissioners from legal claims. Factors such as patrimonialism, family capitalism, and crony capitalism must be carefully considered regarding the implementation of GCG in Indonesia. These obstacles can impact independence, monitoring, control, and operational mechanisms, ultimately affecting the company's performance.
PERBANDINGAN PENYELESAIAN SENGKETA PERUSAHAAN MELALUI LITIGASI DAN NON LITIGASI: PERSPEKTIF PERLINDUNGAN HUKUM HAK ASASI MANUSIA Mona Wulandari; Desni Raspita; Hendra Apriyanto
The Juris Vol. 10 No. 1 (2026): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v10i1.2350

Abstract

Rapid societal advancement inevitably gives rise to disputes. Dispute resolution efforts can be pursued through two avenues: litigation and non-litigation. Non-litigation options include deliberation, mediation, and arbitration. Court-based resolution (litigation) is often time-consuming and costly, frequently resulting in one satisfied party and one dissatisfied party. Conversely, non-litigation methods such as mediation, negotiation, or arbitration are considered more efficient and better at preserving relationships between the disputing parties. This study employs a normative-juridical research method. The findings indicate that, despite the shortcomings inherent in the judicial process, the judiciary must be maintained as a "pressure valve" within a state governed by the rule of law and democracy. However, its position needs to shift to that of a "last resort," while alternative mechanisms are positioned as the "first resort." This line of thinking requires further development. Courts cannot simply be abolished in a democratic state governed by the rule of law, as they serve as the foundation upon which alternative dispute resolution mechanisms were established. The study demonstrates that dispute resolution whether through litigation or non-litigation combined with planned risk management, is key to maintaining operational continuity and business sustainability; success depends on agreements that offer "win-win solutions," thereby upholding human rights protections.
Co-Authors Hendra Apriyanto Mona Wulandari