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All Journal Jurnal IUS (Kajian Hukum dan Keadilan) SASI
Palullungan, Liberthin
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Law, Crime, Criminology & Criminal Justice

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Reconstruction of The Vice Regent’s Position in Optimization of Regional Autonomy: Realizing Democratic and Justice Values Palullungan, Liberthin; Lumentut, Lisma; Ayub, Zainal Amin
Jurnal IUS Kajian Hukum dan Keadilan Vol. 11 No. 2: August 2023 : Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v11i2.1235

Abstract

The ambiguity of the Deputy Regent's position in local government makes the Deputy Regent's position often underestimated. The Deputy Regent is perceived as a subordinate of the Regent even though the Regent and Deputy Regent are both directly elected by the people. This study aims to reconstruct the Deputy Regent's position in order to optimize regional autonomy while at the same time embodying the values ​​of democracy and justice. This research is doctrinal research, prioritizing conceptual and statutory approaches. The results of the study confirmed that the weak position of the Deputy Regent compared to the Regent in carrying out his duties was caused by two factors, namely the juridical factor in the form of the absence of special arrangements regarding the duties and powers of the Deputy Regent, and from non-juridical factors, which is a political factor that placed the Deputy Regent as the Regent's subordinate. Efforts to realize the values ​​of democracy and justice for optimizing regional autonomy can be carried out by reconstructing the authority of the Deputy Regent by strengthening the proportional distribution of authority between the Regent and Deputy Regent.
The Reconstruction of the Implementation from Business Judgment Rule Doctrine in Individual Limited Liability Companies: A Progressive Legal Review Lumentut, Lisma; Palullungan, Liberthin
SASI Volume 29 Issue 4, December 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v29i4.1639

Abstract

Introduction: Individual Company is part of a legal reform which is based on efforts to empower small and medium enterprises. Individual Company are intended to empower the community's economy so that the leaders of individual Company need to receive protection through the business judgment rule doctrine.Purposes of the Research: This study aims to formulate a legal prescription related to the implementation of the doctrine in the conception of the business judgment rule in individual companies in terms of a progressive legal perspective.Methods of the Research: Normative law with a concept and statutory approach.Results of the Research: The relevance of the implementation of the business judgment rule doctrine for individual company can also increase the competitiveness of individual company because it can increase innovation from the leaders of individual company to be more optimal and maximal in managing individual company and not be afraid of the various risks that exist. Viewed from a progressive legal perspective, the reconstruction of the implementation of the business judgment rule doctrine for individual company can be carried out through analogical legal constructions because individual company and are generally the same in substance. In order to optimize the implementation of the business judgment rule doctrine for individual company, it is necessary to establish special rules governing guidelines and instructions in implementing the business judgment rule doctrine for individual company.
Co-Authors Ayub, Zainal Amin Lumentut, Lisma