Article Per Year (5 Year)
p-Index From 2021 - 2026
0.408
P-Index
This Author published in this journals
All Journal Jurnal Wawasan Yuridika
Triono Eddy
Faculty of Law, Universitas Muhammadiyah Sumatera Utara, North Sumatera, Indonesia
Law, Crime, Criminology & Criminal Justice

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
State Responsibility in Post-Judgment Reforestation Following Environmental Fines Cakra Tona Parhusip; Triono Eddy; Adi Mansar; Ena Kazić Çakar
Jurnal Wawasan Yuridika Vol 9 No 1 (2025): 2025
Publisher : Sekolah Tinggi Hukum Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This paper critically examines the normative limitations and institutional challenges in enforcing ecological restoration through Indonesia’s environmental legal regime. While civil liability is increasingly employed as a formal mechanism to ensure environmental responsibility, the link between judicially imposed compensation and actual ecological recovery remains tenuous. Drawing on a normative legal approach, supported by doctrinal and comparative analysis, this study unpacks how the absence of a binding legal obligation to allocate environmental fines toward restoration efforts weakens the transformative potential of civil sanctions. It reveals a structural gap: courts may award environmental damages, yet the disbursement and utilization of these funds often fall into administrative obscurity, lacking transparency and measurable ecological outcomes. The argument advanced is that environmental accountability should not terminate with compensation; it must continue toward tangible rehabilitation anchored in public participation and legal oversight. The findings suggest the necessity of reformulating regulatory design, particularly by mandating the use of compensation funds for ecological purposes and embedding oversight mechanisms to monitor compliance. Such reform aligns with broader global calls to shift environmental enforcement from punitive to restorative justice frameworks. This contribution opens normative space for rethinking how environmental damages can be institutionally linked to actual restoration, beyond symbolic legality.
Parent Corporation Liability For Losses of State-Owned Enterprise Subsidiaries: A Substantive Control and Public Accountability Approach Dicki Irvandi; Triono Eddy; Adi Mansar; Alief Risyawan
Jurnal Wawasan Yuridika Vol 9 No 1 (2025): 2025
Publisher : Sekolah Tinggi Hukum Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25072/jwy.v9i1.4482

Abstract

The relationship between state-owned enterprises (SOEs) and their subsidiaries gives rise to an accountability dilemma when losses occur at the operational level of subsidiaries, as corporate law formally treats parent companies and subsidiaries as separate legal entities, while governance practices within SOE holding structures demonstrate substantive parental control through policy directives, business strategies, and the allocation of public capital. This misalignment between formal legal construction and the reality of substantive control creates an accountability gap in the management of state assets. This study aims to reconstruct the legal basis of parent SOE liability by positioning the intensity of substantive control as the principal variable of accountability. The research employs a normative legal method with doctrinal and comparative approaches, drawing on statutory analysis and conceptual examination of corporate law. The findings indicate that liability limitations based solely on the principle of separate legal personality are no longer adequate when subsidiaries carry out strategic projects shaped by state policy and public financing, as the parent SOE substantively contributes to the formation of risk and loss consequences. By adapting the doctrines of piercing the corporate veil and enterprise liability to the context of public entities, this study proposes a hybrid accountability model that links legal responsibility to actual patterns of control, thereby strengthening public accountability and preventing accountability gaps within state-owned corporate group structures.
Co-Authors Adi Mansar Alief Risyawan Cakra Tona Parhusip Dicki Irvandi Ena Kazić Çakar