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All Journal Jurnal Ilmu Hukum The Juris Collegium Studiosum Journal
Mona Wulandari
Universitas Muhammadiyah Palembang, Palembang, Indonesia
Humanities 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.
INTEGRASI KEPATUHAN HUKUM DAN MITIGASI RISIKO BAGI KORPORASI: PERAN AUDITOR HUKUM DALAM MEMBERIKAN PERLINDUNGAN HUKUM SEHUBUNGAN DENGAN PHK PADA PERUSAHAAN PAILIT Mona Wulandari; Hendra Apriyanto
Collegium Studiosum Journal Vol. 8 No. 2 (2025): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v8i2.2057

Abstract

The role of legal auditors in providing legal protection in connection with the termination of employment (PHK) of workers in bankrupt companies focuses on ensuring compliance with labor laws and regulations, identifying workers' normative rights, and ensuring that these rights are prioritized in the bankruptcy process. The type of research used in this study is normative juridical. The inconsistency of provisions regarding termination notification between the Bankruptcy Law and the Manpower Law causes uncertainty for workers in preparing themselves for the impact of termination of employment, and makes it difficult for curators to carry out their duties effectively. The results of interviews revealed that the unclear notification rules and priority of payment of workers' rights often give rise to practical obstacles and disputes in the bankruptcy process. Practices in countries such as Germany, France, and Japan show that flexible but sufficient notice periods, court supervision, and social security funds for workers laid off due to bankruptcy are important steps to improve worker protection. Companies that are run in accordance with applicable regulations will increase their value. A company's image in the eyes of the public and potential investors. The primary purpose of a legal audit is risk mitigation. Audit results can be used by business actors or investors before making investments or conducting business. Business actors can mitigate risks in investments. In other words, business actors can request legal audit results when making investments or conducting business. This way, business actors can determine whether the party they intend to collaborate with has implemented legal compliance or is in fact non-compliant.
PERLINDUNGAN HUKUM TERHADAP KRIMINALISASI BAGI PROFESI KURATOR DAN PENGURUS BERDASARKAN UNDANG-UNDANG NOMOR 37 TAHUN 2004 TENTANG KEPAILITAN DAN PKPU Hendra Apriyanto; Mona Wulandari
Collegium Studiosum Journal Vol. 8 No. 2 (2025): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v8i2.2063

Abstract

A curator who has many duties and authorities in carrying out his duties during the bankruptcy process will certainly encounter many problems or obstacles that must be overcome, however, even though the duties and authorities granted by the Law are quite broad, in practice, not a few curators and administrators experience obstacles in carrying out their duties and authorities. Almost recently it was also known that the curator had been sued in court by the bankrupt debtor where the bankrupt debtor thought what the curator had done was wrong and was considered to have stolen or embezzled the bankrupt debtor's assets, in this case what often happens is that there is no protection for the curator in carrying out his duties. The type of research used in this writing is normative legal research. With the existence of reports that seem forced and also fabricated, until now it can still be accepted by the police so that it seems as if the curator is a suspect who committed embezzlement because he made a sale without the agreement of the debtor, even though this is a series of stages in bankruptcy. So in this case it is known that this criminalization may actually be due to a lack of understanding by law enforcement in carrying out their duties. Therefore, legal protection for curators in carrying out their duties is necessary to prevent further criminalization of curators and administrators in Indonesia. The Curator and Administrator Profession Law will establish competency standards, national licenses, codes of ethics, and independent oversight mechanisms. This law should also provide limited immunity for curators and administrators who have worked according to procedures and in good faith. This protection is crucial so they can make swift decisions without the fear of criminalization.
Co-Authors Desni Raspita Hendra Apriyanto