Article Per Year (5 Year)
p-Index From 2021 - 2026
2.487
P-Index
This Author published in this journals
All Journal SALAM: Jurnal Sosial dan Budaya Syar-i International Journal of Social Service and Research Sibatik Journal : Jurnal Ilmiah Bidang Sosial, Ekonomi, Budaya, Teknologi, Dan Pendidikan Indonesian Journal of Multidisciplinary Science Journal Evidence Of Law PENA LAW: International Journal of Law Jurnal Indonesia Sosial Sains Sinergi International Journal of Law Advances In Social Humanities Research AKSIOMA : Jurnal Sains Ekonomi dan Edukasi Asian Journal of Social and Humanities
Suganda, Atma
Unknown Affiliation
Religion Arts Humanities Astronomy Biochemistry, Genetics & Molecular Biology Chemistry Computer Science & IT Decision Sciences, Operations Research & Management Earth & Planetary Sciences Economics, Econometrics & Finance Education Energy Engineering Environmental Science Immunology & microbiology Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Mathematics Neuroscience Physics Public Health Social Sciences Other

Published : 17 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 17 Documents
Search

 1   2 
Legal Certainty of the Meaning of the Parties' Agreement on the Authorized Capital of a Limited Liability Company Wirawan, Helex; Yusuf Hasibuan, Fauzie; Suganda, Atma
Asian Journal of Social and Humanities Vol. 3 No. 1 (2024): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v3i1.415

Abstract

The impact of changing the amount of PT capital to an agreement between the parties has led to a lack of legal certainty for the involved parties. A significant legal conflict exists between Article 32 paragraph (1) of Law Number 40 of 2007 concerning Limited Liability Companies and Article 109 paragraph (1) of Law Number 6 of 2023 concerning the Stipulation of Government Regulations in Lieu of Law Number 2 of 2022 concerning Job Creation. The changes allow the amount of PT capital to be determined based on the agreement of the company's founders, leading to ambiguity in legal certainty. This research aims to examine and analyze the legal consequences of these regulations on the basic capital requirements for Limited Liability Companies in Indonesia, and to assess the legal certainty surrounding the agreement between parties regarding PT capital. The research employs a normative juridical method, utilizing statutory, comparative, and conceptual approaches. The analysis is grounded in the Theory of Legal Certainty (Grand Theory), Development Law Theory (Middle Range Theory), and the Theory of Good Corporate Governance (Applied Theory). The research found that changes in the regulation of basic capital, following the enactment of Law No. 6 of 2023, have contributed to legal uncertainty. This study aims to provide legal clarity on the consequences of these regulatory changes and their impact on corporate governance and legal compliance in Indonesia.
Political Transformation of Electoral Lawmaking: Towards Fair and Transparent Elections Suriyanti, Lili; Suganda, Atma; Ismail, Ismail
Asian Journal of Social and Humanities Vol. 3 No. 3 (2024): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v3i3.464

Abstract

General elections are the main pillar of democracy that aims to guarantee the political rights of every citizen in a fair manner. However, election regulations in Indonesia still face obstacles, such as inequality in the allocation of legislative seats, the dominance of political elite interests, the lack of representation of marginalised groups, and the lack of transparency in the legislative process. This research uses a normative juridical method to analyse the gap between the principles of substantive justice mandated by the constitution and the reality of the implementation of election regulations, as well as to offer a political reconstruction of law based on substantive justice. The novelty of the research lies in the proposed incentive mechanism in the form of additional funding for political parties that succeed in increasing women's representation in parliament as well as the application of a technology-based open legislative system to increase transparency and public participation. Reconstruction based on three main pillars - equality, representation, and transparency - is expected to improve the legitimacy of elections, create inclusive democracy, and strengthen the values of Pancasila and the 1945 Constitution.
Legal Politics Implementing Jakarta Bay Spatial Arrangements in The Framework of Realizing Good Governance Appe, Appe; Suganda, Atma
International Journal of Social Service and Research Vol. 3 No. 3 (2023): International Journal of Social Service and Research (IJSSR)
Publisher : Ridwan Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/ijssr.v3i3.319

Abstract

The aim of this research is to analyze the regulatory authority of the Provincial Government of DKI Jakarta in the spatial management of the Jakarta bay, as well as to analyze and find legal solutions regarding ideal legal politics in the spatial arrangement of the Jakarta bay which can create good government. This study uses a normative juridical legal approach. The data collection in this study used the technique of library research, observation and field research originating from primary, secondary and tertiary legal materials which were analyzed qualitatively normatively. The results of the study show that the Provincial Government of DKI Jakarta can propose the establishment of a special area in its territory to the Government which can be managed directly by the Central Government or can be managed jointly between the Central Government and the Provincial Government of DKI Jakarta in accordance with statutory provisions. The study of the ideal legal politics in the spatial arrangement of the Jakarta Bay, then this cannot be separated from the juridical considerations that form the basis for the formation or making of a statutory regulatio..
Digitalization of The Formation and Testing of Laws and Regulations In Indonesia Mastorat, Mastorat; Suganda, Atma; Shodiq, Md.
Jurnal Indonesia Sosial Sains Vol. 5 No. 02 (2024): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v5i02.1004

Abstract

This research was conducted to examine how efforts to digitize the formation and also test the laws and regulations in Indonesia. Where the Ministry of Law and Human Rights as an institution representing the government in the formation of laws and regulations through the Directorate General of Laws and Regulations launched a digitalization program for the formation of laws and regulations to make it easier for the public to participate in the formation of laws and regulations because it is equipped with five innovations, namely e-public participation, e-invitation, e-litigation, Design HelpDesk, Design Chat Podcast (OPERA). Meanwhile, in terms of legal review, the Constitutional Court as a judicial institution tasked with maintaining the constitution and democracy and protecting human rights so that they can be easily recognized by the Indonesian people through digital technology tools so that the Indonesian people can not only easily know the Constitutional Court but also can easily submit applications or lawsuits to the Constitutional Court if they experience constitutional losses, namely through www.mahkamahkonstitusi.go.id website. With the efforts to digitize the formation and testing of these laws and regulations, it is expected that the public will be more active in participating in the formation and testing of laws and regulations
Legal Certainty Against Termination of Government Goods/Services Procurement Contracts By Acts of Government Administration, Commitment Making Officials Arief Pratomo, Mochamad; Yusuf Hasibuan, Fauzie; Suganda, Atma
Jurnal Indonesia Sosial Sains Vol. 5 No. 02 (2024): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v5i02.1005

Abstract

Problems in unilateral contract termination by Commitment Making Officials in Government Procurement of Goods/Services. There are no express provisions in the laws and regulations or Presidential Regulations. The consequence that arises is that terminating the contract creates legal uncertainty. This dissertation analyzes the implementation of terminating contracts for the procurement of government goods/services by acts of government administration and analyzes and finds legal certainty for terminating contracts for the procurement of goods/services if there is a dispute between the Commitment Making Official and the provider of goods/services, the Commitment Making Official. The research method used in this research is normative juridical with research specifications namely analytical descriptive. The results research show that the implementation of terminating contracts for the procurement of government goods/services by the actions of the government administration officials who made the commitment resulted in the emergence of legal uncertainty. Based on Article 93 paragraph 1 of Presidential Regulation Number 4 of 2015 concerning the Second Amendment to Presidential Regulation Number 54 of 2010, the legal consequences of contract termination do not yet reflect the principle of proportionality, because the determination of sanctions is only unilateral, borne by the Service Provider. Meanwhile, the determination of sanctions against Service Users if the PPK commits an error/negligence is not clearly regulated either in the contract agreed upon by the parties, or regulated in the provisions of statutory regulations.
THE CONCEPT OF THE RULE OF LAW IN THE INDONESIAN CONSTITUTION Petra Ginting, Brianta; Suganda, Atma; Suasungnern, Sineerat
SIBATIK JOURNAL: Jurnal Ilmiah Bidang Sosial, Ekonomi, Budaya, Teknologi, Dan Pendidikan Vol. 3 No. 12 (2024): November
Publisher : Penerbit Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/sibatik.v3i12.2543

Abstract

This research aims to analyse the concept of the rule of law in the 1945 Constitution of the Republic of Indonesia (UUD 1945) and evaluate the extent to which the principle of the rule of law is implemented in Indonesia's constitutional structure. Using a normative juridical approach and a positivistic paradigm, this research finds that the implementation of the principle of the rule of law in Indonesia still faces significant challenges, including inharmonious regulations, corruption, and limited independence of the judiciary. This research provides recommendations for improvements to the legal system and government institutions to reflect the principle of the rule of law that is more consistent with constitutional values, which is expected to strengthen fair and transparent legal governance in Indonesia.
The Role and Benefits of People's Requirements (MPRS) in The Indonesian State System after The 1945 Amendment: Optimization and Challenges Soesatyo, Bambang; Suganda, Atma; Mau, Hedwig A
AKSIOMA : Jurnal Sains Ekonomi dan Edukasi Vol. 1 No. 7 (2024): AKSIOMA : Jurnal Sains, Ekonomi dan Edukasi
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/jxpx3251

Abstract

The study seeks to examine the role and jurisdiction of the People's Assembly of Permusyavaratan (MPR) within the Indonesian statehood system after the modification of UUD 1945. It also intends to identify the efforts made to optimize its functioning and the problems encountered. Normative legal research methods are employed to specifically analyze primary, secondary, and tertiary legal material. The primary legal materials consist of the 1945 Basic Act and its subsequent changes, along with the relevant statutes that regulate the MPR. Secondary legal resources encompass pertinent literature, periodicals, and scientific publications. The research findings indicate that the modifications made to the 1945 UUD have limited the jurisdiction of the MPR, which currently possesses only one primary authority while the others are considered secondary. Constitutional Supremacy establishes the Constitution as the primary framework for governing the state, with the MPR being seen as an autonomous institution alongside the DPR and DPD. While the powers of the MP are restricted, responsibilities like the Socialization of the Four Pillars continue to be essential in maintaining the fundamental foundations of the state. The enhancement of the MPR's authority relies significantly on the agreement among parliament members as stated in the MD3 Act. The primary obstacle it faces is to ensure the MPR remains relevant and effective in a constantly changing statehood environment. The paper suggests implementing strategic initiatives to enhance the role of MPR in the Indonesian statehood system by implementing policy reforms and improving institutional capability.
Co-Authors Achmad Darodjat, Tubagus Akkapin, Supaphorn Appe, Appe Arief Pratomo, Mochamad Ariyamang, Watcharee Galenso, Vidi Hasibuan, Faizie Yusuf Hasibuan, Fauzie Yusuf Irawan, Taufik Ismail Ismail Kadriah, Ayyub Kristiawanto, Kristiawanto Mastorat Mastorat Mau, Hedwig A Muzakki, Fauzan Petra Ginting, Brianta Ratna Dewi Rattanapun, Supot Saputro, Julianto Dimas Shodiq, Md. Sinaulan, Ramlani Lina Soesatyo, Bambang Suasungnern, Sineerat Suriyanti, Lili Suryaman, David Harmaen Taufiqurrahman Taufiqurrahman Tubagus Achmad Darodjat Widodo, Junaidi Eko Wirawan, Helex Yusuf Hasibuan, Fauzie