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All Journal Greenation International Journal of Law and Social Sciences
Riswadi Riswadi
Universitas Borobudur, Jakarta, Indonesia
Law, Crime, Criminology & Criminal Justice Social Sciences

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The Ambiguity of the Standard of Good Faith and Prudence in the Accountability of Directors that Causes Bankruptcy of Limited Liability Companies Based on the Fiduciary Duty Principle Hendro Widodo; Riswadi Riswadi
Greenation International Journal of Law and Social Sciences Vol. 3 No. 4 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (December
Publisher : Greenation Research & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i4.653

Abstract

Based on the idea of fiduciary obligation, this paper investigates the vagueness of the requirements of good faith and caution in the accountability of directors under Article 97 of the Limited Liability Company Law, which causes limited liability firms to go bankrupt. As the company's governing body, the board of directors has a duty to run the business responsibly, professionally, and in good faith. However, in practice, there is often ambiguity regarding the limits of responsibility, criteria for negligence, and the definition of conflict of interest. A normative legal analysis indicates a legal vacuum in Article 97, particularly regarding objective standards of good faith, mechanisms for proving negligence, and loss prevention procedures, allowing directors to avoid liability even though their actions are detrimental to the company. Using a comparative legal approach and interpretation of the fiduciary duty doctrine, this study emphasizes the need for legal reform through the formulation of clearer criteria regarding the fiduciary obligations of directors, standards of prudence, loss prevention mechanisms, and regulations regarding conflicts of interest.
Fiscal Policy Law Reform Based on Distributive Justice to Reduce Economic Disparity and Improve People's Welfare Lorraine Rangga Boro; Riswadi Riswadi
Greenation International Journal of Law and Social Sciences Vol. 3 No. 4 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (December
Publisher : Greenation Research & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i4.654

Abstract

Fiscal policy is the main instrument of the state in realizing the goals of the state, including protecting the nation, advancing welfare, and realizing social justice as stipulated in Article 33 paragraph (1) of the 1945 Constitution. One of the important principles in fiscal policy is distributive justice, namely the proportional distribution of burdens and benefits to reduce economic disparities. This study aims to analyze the implementation of distributive justice in Indonesia's fiscal policy and assess the need for legal reform to increase its effectiveness. The method used is normative juridical with an analysis of laws and regulations, including Law Number 17 of 2003 concerning State Finance (Articles 2 and 21), Law Number 7 of 2021 concerning Harmonization of Tax Regulations (Articles 4 and 13), and Law Number 1 of 2022 concerning Financial Relations between the Central Government and Regional Governments (Articles 5 and 12), as well as the latest State Budget. The results of the study indicate that although the fiscal legal framework has supported equity, its implementation still faces inequality in budget distribution, low tax compliance, and less than optimal fiscal transfer effectiveness. This study recommends reforming fiscal law based on social justice, strengthening progressive taxation, increasing transparency in state financial management, and optimizing fiscal transfers to achieve equitable public welfare.
Reformulation of the Indonesian National Police Code of Ethics as an Effort to Eliminate Normative Ambiguity in Handling Horizontal Conflicts Involving Police Officers Sonny Wibisono; Riswadi Riswadi
Greenation International Journal of Law and Social Sciences Vol. 3 No. 4 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (December
Publisher : Greenation Research & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i4.664

Abstract

Reformulation of the National Police Code of Ethics is an urgent need to address the various dynamics of horizontal conflict management involving police officers. Ambiguities in ethical norms as stipulated in the Republic of Indonesia National Police Regulation Number 7 of 2022 create difficulties in interpretation and implementation in the field. It results in unclear actions by officers in social crises, which have the potential to lead to ethical and human rights violations. This study uses a normative juridical approach to analyze relevant laws and regulations, namely Law Number 2 of 2002 concerning the Republic of Indonesia National Police, Government Regulation Number 2 of 2003 concerning Disciplinary Regulations for National Police Members, and Regulation No. 7 of 2022 concerning the Professional Code of Ethics and the National Police Code of Ethics Commission. The analysis reveal that several articles in Regulation No. 7 of 2022 contain norms that are open to multiple interpretations, do not accommodate the complexity of horizontal conflict situations, and lack contextual elaboration instruments. This study recommends reformulating the code of ethics by prioritizing the principles of lex certa and lex stricta, and suggesting harmonization of internal Polri regulations. Furthermore, strengthening the Polri Code of Ethics Commission is needed to ensure that ethical norms are enforced objectively, accountably, and in line with human rights values. This reformulation is expected to provide a clear ethical direction for Polri personnel and strengthen public trust in the police institution in handling social conflicts.
The Effectiveness of Blockchain Technology Implementation by Notaries in Increasing the Security and Validity of Digital Investment Agreement Deeds Titin Hartati; Riswadi Riswadi
Greenation International Journal of Law and Social Sciences Vol. 3 No. 4 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (December
Publisher : Greenation Research & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i4.665

Abstract

The development of blockchain technology has opened up significant opportunities in the legal world, including in the notarial realm, particularly in the creation of digital investment agreement deeds. This study aims to analyze the effectiveness of blockchain technology implementation by notaries in improving the security and validity of digital investment agreement deeds by reviewing relevant legal, institutional, and technological aspects. Blockchain is considered capable of providing an immutable, transparent, and secure digital recording system, thereby strengthening trust between parties and preventing deed forgery. However, the application of this technology in notarial practice in Indonesia still faces significant challenges, primarily due to the lack of regulations specifically governing the legality of blockchain-based notarial deeds. This study uses a normative juridical approach with an analysis of Law Number 2 of 2014 concerning the Office of Notaries, Law Number 1 of 2024 concerning Electronic Information and Transactions, and other relevant regulations. The results of the study indicate that despite its technological potential, the implementation of blockchain in notarial practice is still hampered by legal, infrastructure, and human resource constraints. Progressive legal reforms and public policy initiatives are needed to accommodate these digital innovations within the national legal system, as well as to encourage the digitalization of notarial services that are secure, accountable, and legally valid.
Co-Authors Hendro Widodo Lorraine Rangga Boro Sonny Wibisono Titin Hartati