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All Journal Jurnal Hukum Adigama Reformasi Hukum Trisakti Amicus Curiae
Sri Bakti Yunari
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Law, Crime, Criminology & Criminal Justice

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PENERAPAN DOKTRIN ULTRA VIRES DALAM KASUS PRODUKSI DAN DISTRIBUSI GARAM (STUDI PT SUMATRACO LANGGENG MAKMUR SURABAYA): The Application Of Ultra Vires Doctrine In Salt Production And Distribution Cases (Study Pt Sumatraco Langgeng Makmur Surabaya) Rais Zaidan Rizqullah; Sri Bakti Yunari
AMICUS CURIAE Vol. 2 No. 2 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i2.23018

Abstract

The main company organ in managing the company is the board of directors. The board of directors has the responsibility to manage the company in the interests of the company as regulated in Article 92 of Law Number 40 of 2007. The problem are regarding the application of the Ultra Vires doctrine in the case of the production and distribution of PT Sumatraco Langgeng Makmur salt as well as regarding the responsibilities of the directors in the case PT Sumatraco Langgeng Makmur salt production and distribution based on concerning Limited Liability Companies. The research method was carried out with a normative juridical type, descriptive in nature, using secondary data, analyzed qualitatively and concluded using a deductive method. The result research and conclusion is, application of the ultra vires doctrine in this case is related to the proven actions taken by the directors exceeding and outside their authority in Article 3 of the company's articles of association in clause on company's aims and objectives and contrary to Article 92 of Law Number 40 of 2007. As an alternative step, shareholders can use Article 61 of concerning Limited Liability Companies to file a civil  if they feel disadvantaged by decision of GMS, Directors or Board of Commissioners.
PENGATURAN TANGGUNG JAWAB SOSIAL DAN LINGKUNGAN BADAN USAHA MILIK NEGARA PADA PERSEROAN TERBATAS  PELABUHAN INDONESIA (PERSERO): Regulation Of Social And Environmental Responsibility Of State-Owned Enterprises At Pelabuhan Indonesia (Persero) Aime Qothrunnada Fabian; Sri Bakti Yunari
Reformasi Hukum Trisakti Vol 7 No 3 (2025): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v7i3.23205

Abstract

The social and environmental responsibilities in the context of state-owned enterprises (BUMN) are regulated by laws that emphasize the importance of sustainability and contributions to community welfare as well as environmental protection. Pelindo as BUMN has an obligation to implement social and environmental responsibility consistently and measurably. The research method used in this study is normative-juridical with descriptive approach, aimed at describing and analyzing the regulation of social and environmental responsibility at Pelindo. This study examines the regulation of Social and Environmental Responsibility (TJSL) at Pelindo in relation to internal policies and prevailing laws, the types of TJSL programs implemented, and how their social and environmental impacts are evaluated. The result and conclusion: internal supervision is conducted by company management through periodic assessments, while external oversight involves relevant ministries and the public to ensure compliance and community benefit. The TJSL program of Pelindo reflects the company's commitment to creating a positive social impact through the improvement of education quality and the economic empowerment of the community. Through the implementation of structured, directed, and measurable TJSL programs, Pelindo can play a key role in realizing inclusive, sustainable, and environmentally friendly development.
TANGGUNG JAWAB SOSIAL DAN LINGKUNGAN PERUSAHAAN PADA KSO PERTAMINA EP – SAMUDRA ENERGY BWPMERUAP DI KABUPATEN SAROLANGUN JAMBI: Corporate Social And Environmental Responsibility of the KSO Pertamina EP – Samudra Energy BWPMeruap in Sarolangun Regency, Jambi Ifsaa Aaliya Saheera; Sri Bakti Yunari
AMICUS CURIAE Vol. 2 No. 3 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i3.23995

Abstract

Article 74 of Law Number 40 of 2007 on Limited Liability Companies mandates that Companies that carry out their business activities in the field and/or related to natural resources are required to implement Social and Environmental Responsibility. The problems discussed in this study are how the implementation of Social and Environmental Responsibility is carried out by KSO Pertamina EP – Samudra Energy BWPMeruap and the obstacles in implementing the Social and Environmental Responsibility. The type of research used is normative legal research using secondary data and supported by primary data in the form of interview. The nature of this reserach is descriptive by conducting qualitative analysis and drawing conclusion deductively. Based on the result of the analysis of the Corporate Social and Environmental Responsibility carried out by KSO Pertamina EP – Samudra Energy BWPMeruap has been implemented but has not been optimal, due to legal and non-legal obstacle.
PENERAPAN PROGRAM BINA LINGKUNGAN BADAN USAHA MILIK NEGARA BERBASIS PEMBERDAYAAN MASYARAKAT PADA ANGKASA PURA INDONESIA CABANG SOEKARNO HATTA: Implementation of State Owned Enterprises Community Development Program Based on Community Empowerment at Angkasa Pura Indonesia Soekarno Hatta Irindita Tiarasari; Sri Bakti Yunari
Reformasi Hukum Trisakti Vol 7 No 4 (2025): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v7i4.23475

Abstract

The community development program, as part of the Partnership and Community Development Program (PKBL), represents one of the SOE’s contributions, aiming to empower and enhance the quality welfare of the surrounding community. This program is an implementation of Article 88 of Law Number 19/2003 about State-Owned Enterprises. The research problem is how the community development program based on community empowerment is implemented by PT Angkasa Pura Indonesia Soekarno Hatta Airport Branch Office. This following research applies normative juridical research type with descriptive research nature. The data utilized include secondary data supported by primary data, obtained through literature studies and interviews. The analysis is conducted qualitatively to evaluate the programs implementation includes the challenges encountered, and its impact on the community, with conclusions drawn deductively. The research findings that the implementation of the program has been reasonably effective thus far. However, there are challenges, including dissatisfaction among the community regarding the assistance provided. Nonetheless, the program's impact has yielded positive effects for both the community and the company.
TANGGUNG JAWAB KURATOR ATAS KELALAIAN DALAM PENCATATAN DAFTAR HARTA PAILIT DEBITOR: Responsibility of Curator for Negligence in Recording the List of Debtor's Bankrupt Assets Adinda Intan Amara Dewi; Sri Bakti Yunari
AMICUS CURIAE Vol. 2 No. 3 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i3.24302

Abstract

Bankruptcy is when the debtor loses the right to manage all of his assets, then the curator will become the debtor's guardian to complete all of the debtor's obligations. When carrying out his duties, the curator often negligently records the list of bankrupt assets by not using original receipt or document.  The identification problem is the responsibility of the curator in the event of negligence in the process of recording the list of assets of bankrupt debtors according to Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations, which states that the object of the creditor's dispute can be included in the bankrupt estate by the curator can be considered as negligence of the curator in recording the list of assets of bankrupt debtors by Law concerning Bankruptcy and Suspension of Debt Payment Obligations.  Method used by the author in the research is normative, descriptive by concluding using deductive logic. The results and conclusion of this study are that curator is responsible for his negligence through Article 72 of the UUK with a claim for compensation based on Article 1365 of Civil Code and Panel of Judges should not ignore the evidence of the confession .
TANGGUNG JAWAB SOSIAL DAN LINGKUNGAN PERSEROAN BERBASIS PEMBERDAYAAN MASYARAKAT KECAMATAN BULIK: Mahdaniah; Sri Bakti Yunari
Reformasi Hukum Trisakti Vol 5 No 4 (2023): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i4.18695

Abstract

Companies operating in the natural resources sector such as PT. Gemareksa Mekarsari in Lamandau Regency, Central Kalimantan Province, is obliged to carry out corporate social and environmental responsibilities. Formulation of the problem of how to fulfill the company's social and environmental responsibilities based on community empowerment in Bulik District, Central Kalimantan at PT. Gemareksa Mekarsari and what are the obstacles in its implementation. The research method used is normative law, descriptive in nature with juridical research methods, secondary data and qualitative analysis. Research results and discussion of analysis of TJSL implementation based on community empowerment at PT. Gemareksa Mekarsari has not run as it should, because it has not achieved what was expected in terms of community empowerment. There are obstacles such as lack of funds, lack of community involvement, and poor communication between the community and the Company which are still challenges in this regard. TJSL Conclusion The company has environmental problems and conditions that have not yet become the company's attention, and is in the midst of a community that is not happy with its existence. This dissatisfaction creates a negative image for the company, so that TJSL community empowerment is not running effectively.
ANALISIS IMPLEMENTASI TANGGUNG JAWAB SOSIAL DAN LINGKUNGAN PERSEROAN DI KECAMATAN KEMBANG JANGGUT KALIMANTAN TIMUR: Analysis Of The Implementation Of Corporate Social And Environmental Responsibility In Kembang Janggut District East Kalimantan Richo Andriyanto; Sri Bakti Yunari
Reformasi Hukum Trisakti Vol 6 No 1 (2024): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i1.19119

Abstract

PT. REA Kaltim Plantations is a large-scale oil palm plantation company in Kembang Janggut District, East Kalimantan. This research aims to analyze the implementation of social and environmental responsibility (TJSL) by companies, with a focus on environmental aspects. The problem formulation in this research is how to implement social and environmental responsibility (TJSL) at PT. REA Kaltim Plantations which is environmentally based and what obstacles the company faces in TJSL at PT. REA Kaltim Plantations in its implementation. This research uses empirical research methods using a qualitative approach. The results of research and discussions show that the company has implemented programs related to TJSL, but the achievements are considered not optimal. Some notes of improvement include, among others, the effectiveness of the program in empowering communities, reporting transparency, and active participation in building local sustainability. Companies also face challenges such as the complexity of community needs and environmental dynamics. The conclusion of this research is that companies need to improve TJSL implementation in order to make a greater contribution to sustainable development and welfare of local communities. Recommendations are given to improve the quality and sustainability of the TJSL program by the company.
TANGGUNG JAWAB DIREKSI ANTAM TERHADAP PERJANJIAN DIAM-DIAM DALAM TRANSAKSI EMAS ANTAM: Liability Of Antam Directors For Silent Agreements In Antam Gold Transactions Muhammad Farrell; Sri Bakti Yunari
Reformasi Hukum Trisakti Vol 6 No 2 (2024): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i2.19806

Abstract

The responsibilities of the Board of Directors in a Limited Liability Company are regulated under Article 92 of Law No. 40 of 2007, establishing a fiduciary relationship for the Directors. The secret gold sale agreement at BELM Surabaya Branch 01 by non-employees led to the Directors of PT. Antam Persero Tbk being held accountable. This article addresses: What are PT. Antam's Directors' responsibilities regarding the secret gold sale agreement? and How does Decision No.1666/K/Pdt/2022 align with holding PT. Antam accountable? This study uses a normative descriptive legal method with secondary data analyzed qualitatively for deductive conclusions. The analysis shows that the Directors cannot be held accountable because they fulfilled their fiduciary duty by implementing the SOP on commodity pricing. The judge's decision was based on Article 1367 of the Civil Code, not Article 97 (5) of the Company Law, as the loss was not due to employee negligence. In conclusion, PT. Antam's directors are not responsible for the secret gold sale agreement since they complied with SOP 700 01. Additionally, the judge's decision can be criticized because the secret agreement by Eksi Anggraen and Budi Said does not meet subjective requirements, making it invalid for PT. Antam and revocable.
/ PERBANDINGAN PENGATURAN DAN PENERAPAN PENDIRIAN USAHA MIKRO KECIL MENENGAH DI NEGARA INDONESIA DAN KERAJAAN BRITANIA RAYA: / Victor Alexander Sewu; Sri Bakti Yunari
Reformasi Hukum Trisakti Vol 6 No 2 (2024): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i2.19807

Abstract

This research discusses the comparison of the regulation and application of Micro, Small and Medium Enterprises (MSMEs) in the Republic of Indonesia and the United Kingdom as stipulated in Government Regulation No. 7 of 2021 and the Small Business, Enterprise and Employment Act (SBEE) 2015. The formulation of the problem is how the regulation of the establishment of MSMEs and its application in the requirements of MSME establishment procedures in Indonesia and the United Kingdom. This research uses normative juridical methods with descriptive research properties using secondary data which is analyzed qualitatively with deductive inference. The results of the study show that the two countries have the same focus on increasing economic growth through support for MSMEs and making it easier in terms of establishment and licensing including government support, and incentives. While the differences are illustrated in terms of establishment and licensing procedures, where in Indonesia the establishment procedure requirements have been carried out through the Online Single Submission (OSS) which is designed to accelerate the licensing and business establishment process. The conclusion is that there are similarities and differences between the two countries in terms of regulating the establishment of MSMEs
- Perbandingan Pengaturan dan Implementasi Doktrin Fiduciary Duty di Indonesia dan Singapura: - Alya Nabita Az-zahra; Sri Bakti Yunari
Reformasi Hukum Trisakti Vol 6 No 2 (2024): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i2.19935

Abstract

The doctrine of fiduciary duty is a modern doctrine of Limited Liability Companies regulated in Law Number 40 of 2007 concerning Limited Liability Companies, hereinafter referred to as UUPT. Meanwhile in Singapore, Fiduciary Duty is regulated in the Singapore Companies Act, hereinafter referred to as SCA. The main problem of this research is how the fiduciary duty doctrine is regulated in Indonesia and Singapore and how the fiduciary duty doctrine is implemented in Indonesia and Singapore. The type of research used is normative research, descriptive research, secondary data, qualitative analysis, deductive conclusion drawing. Based on the analysis, there are similarities and differences in UUPT and SCA. It is hoped that in future, the fiduciary duty doctrine should be regulated clearly and in detail in the UUPT and SCA.
Co-Authors Adinda Intan Amara Dewi Adrian Winata Aime Qothrunnada Fabian Ajie Dharmaputra Alya Nabita Az-zahra Diouf Dihyan Gantari Munif Dita Tania Pratiwi Eric Vincent Hana Muthiah Salsabilah Ifsaa Aaliya Saheera Irindita Tiarasari M. Pasha Arifin Nusantara Mahdaniah Malaka Hirarki Rajasa Monica Hendrawan Muhammad Eka Anugra Muhammad Farrell Raffee Denli Ramiro Rais Zaidan Rizqullah Richo Andriyanto Victor Alexander Sewu Winda Gadis Sukardi