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All Journal Public Policy : Jurnal Aplikasi Kebijakan Publik dan Bisnis West Science Law and Human Rights Journal of Business Application Hipotesa KAMBOTI : Jurnal Sosial dan Humaniora
Rahajaan, Jakobus Anakletus
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Religion Arts Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences

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Journal : Journal of Business Application

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Kredit Macet dan Debt Collector; Legalitas dan Dampaknya dalam Mengelola Risiko Kredit Macet Perbankan Rahajaan, Jakobus Anakletus; Niapele, Sarifa
Journal of Business Application Vol. 3 No. 1 (2024): Journal of Business Application
Publisher : Program Studi Administrasi Niaga STIA Said Perintah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55098/jba.v3.i1.p44-56

Abstract

This research examines the normative legal validity of the debt collector profession through a normative legal approach using qualitative methods and analyzing primary, secondary, and tertiary legal materials. The study finds that non-performing loans (NPLs) pose a significant threat to banking stability, as increasing levels of bad debt can hinder banks' ability to achieve optimal profits. Banks often employ debt collectors to manage time and cost-effectively to address this. Debt collectors are legally recognized under Indonesian law, including the Civil Code, SEBI Number 14/17/DASP/2012, and the 2014 Bank Indonesia Regulation issued by OJK. Their role is supported by legal principles such as freedom of contract, consensualism, and pacta sunt servanda. Despite common misconceptions, debt collectors are legitimate professionals crucial for maintaining financial stability. Debtors should cooperate with debt collectors to resolve their debts rather than viewing them negatively.
Bisnis Startup Dalam Kompleksitas Hukum di Indonesia Rahajaan, Jakobus Anakletus; Yaurwarin, Wahid
Journal of Business Application Vol. 1 No. 1 (2022): Journal of Business Application
Publisher : Program Studi Administrasi Niaga STIA Said Perintah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55098/jba.v1.i1.p64-73

Abstract

The purpose of this research is to examine the complexity of pilot law and encourage the authorities to monitor the urgency of pilot law in Indonesia and the country's economic development even during the Covid-19 pandemic. Start-up companies are companies that have just entered or are still under development or research to continue to find markets and develop their products. In the competitive nature of a fast-paced industry, it is important to identify the problems companies face in order to improve business performance by finding root causes and finding effective solutions. One of the problems in start up companies is the regulation that governs the company's activities. The lack of special regulations for business start-ups hampers the sustainability of companies and other impacts of business start-ups. Start ups in Indonesia have indeed shown significant growth. On the other hand, start ups in Indonesia face challenges that often lead to start up failure. One of the reasons for this failure is that start ups are in a vortex of legal complexities that do not match the characteristics of the start up itself, thus requiring a more appropriate and flexible legal structure
Implikasi Reposisi Manajerial BUMN Terhadap Pertanggungjawaban Tindak Pidana Korupsi Rahajaan, Jakobus Anakletus; Niapele, Sarifa
Journal of Business Application Vol. 4 No. 1 (2025): Journal of Business Application
Publisher : Program Studi Administrasi Niaga STIA Said Perintah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55098/jba.v4.i1.p1-12

Abstract

This study analyzes the repositioning of State-Owned Enterprise (SOE) management following the enactment of Law No. 1 of 2025 on SOEs, and its implications for criminal liability in corruption cases. Employing a normative juridical method with statutory and conceptual approaches, this research offers a prescriptive perspective in response to public concerns regarding the exclusion of SOE executives from the category of state administrators. The findings reveal that such concerns are unfounded, as the new provisions in fact strengthen the immunity of SOE management from political interference by state officials, which is often a source of corruption. Although Law No. 1 of 2025 does not explicitly regulate the nexus between the management of state-derived finances and criminal liability for corruption, SOEs as legal entities (rechtpersoon) remain subject to criminal prosecution when implicated in acts of corruption. Corporate criminal liability in corruption has been clearly stipulated in existing anti-corruption legislation. This study contributes new insights to the discourse on SOE governance law, demonstrating that the new regulation serves not as a weakening, but rather as a reinforcement of accountability and the independence of SOE management.
Co-Authors Agustinus Jonas Sahetapy Kalauw, Reni Wahyuni Niapele, Sarifa Tomagola, Ardy Gunawan Yaurwarin, Wahid