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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Business and Human Rights Law and Policy
Tangkau, Daniel Julian
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Law, Crime, Criminology & Criminal Justice

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The Board Duty to Comply with Good Corporate Governance Principles under the Australian and Indonesian Company Law Tangkau, Daniel Julian
Business and Human Rights Law & Policy Vol. 1 No. 1 (2025): Business and Human Rights Law & Policy - February
Publisher : Center for Law and Responsible Business Studies

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Abstract

In the field of private economic activities, the formulation of a legal entity or a legal form chosen to run the business is a crucial part to be decided in the first place. In Indonesia, there are various forms of legal entity, such as sole trader, firm, commanditaire venootschap, limited liability corporation, and cooperation, in which the limited liability corporation is deemed as the most dominant form. Similarly, companies in Australia are dominated by limited liability corporations. In the light of setting up a company, the corporate governance aspect is an essential element that shall be highly upheld. This article compares the law on limited liability company in both Indonesia and Australia, as there is a significant difference in how both countries structuring the boards. The Indonesian company has two-tier boards: the board of directors and the board of commissioners, while the Australian company only has one, which comprises only the directors. Considering this difference, it is hypothetical that both systems have different approaches toward the compliance of corporate governance principles. This paper will discuss two issues: first, the overall comparison of board structure between Indonesian and Australian companies and the duty of the board. Second, discussion and criticism towards the compliance and implementation of corporate governance principles by each board system. It is notable that the company board system in both countries was formed by a long history of culture, politics, and law. Therefore, this paper aims not to make a simplistic conclusion of whether the one-board system in Indonesian companies is better than the two-board system in Australia or vice versa.
Customary Criminal Penalties for Violations of Local Customary Obligations for Adultery Offender: An Effort to Achieve Culture-Based Legal Compliance Dahlan, Arteria; Brouwer, Darryl Evan; Tangkau, Daniel Julian
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

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Abstract

In the Indonesian legal system, customary legal System has been recognized as one of its components. In the National Criminal Code, customary punishment has been stipulated as one of the additional punishments. As an additional punishment, there is no obligation for the judge to punish the defendant with additional punishment. Moreover, The National Criminal Code has also criminalized adultery as a criminal offense. It is an offense institutionalized from the Adat Law recognized in certain regions in Indonesia. There are some regions in Indonesia where many forms of adultery are recognized as customary criminal law. Hence, it is possible to enforce culture based legal obedience on adat community, specifically on adultery offense. The enforcement of culture based legal compliance could increase the effectivity of criminal justice system. This article aims to analyze the legal issue regarding customary punishment towards adultery as a means to enforce culture based legal compliance among community. The research method applied in this article is normative legal research. This article concludes that since adultery is recognized as customary offense in some regions, the customary punishment in the National Criminal Code should be treated as an imperative punishment by the judge in order to enforce legal compliance culture.
Co-Authors Brouwer, Darryl Evan Dahlan, Arteria