Sri Bakti Yunari
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PENERAPAN PRINSIP GOOD CORPORATE GOVERNANCE PADA KASUS TATA KELOLA MINYAK MENTAH DAN PRODUK KILANG DI PT PERTAMINA PATRA NIAGA: Implementation of Good Corporate Governance Principles in Crude Oil and Refined Product Governance at Pertamina Patra Niaga Case Malaka Hirarki Rajasa; Sri Bakti Yunari
Reformasi Hukum Trisakti Vol 8 No 1 (2026): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v8i1.25301

Abstract

The principles of Good Corporate Governance and fiduciary duty constitute the fundamental basis for the management of company by the Board of Directors, as stipulated in Article 97 paragraphs (2) and (3) of Law Number 40 of 2007 on concerning Limited Liability Companies. This study focuses on accountability of the Board of Directors of PT Pertamina Patra Niaga in the case of crude oil and refined product governance, which resulted in losses to the company and were classified as state losses, particularly in relation to the failure to implement Good Corporate Governance principles. The research employs a normative legal research with a principles-based approach, utilizing secondary data analyzed qualitatively through deductive reasoning. The findings and conclusions indicate potential violations of fiduciary duty in the form of negligence in the principle of prudence, weak transparency, and inadequate internal supervision, thereby exposing the Board of Directors to possible personal liability and the loss of managerial discretion protection. These findings emphasize that the implementation of Good Corporate Governance principles serves as a key parameter in determining the scope of authority and responsibility of the Board of Directors.
IMPLEMENTASI PROGRAM RAIL CLINIC SEBAGAI WUJUD TANGGUNG JAWAB SOSIAL DAN LINGKUNGAN PT KERETA API INDONESIA: Implementation Of The Rail Clinic Program As A Form Of Social And Environmental Responsibility By Pt Kereta Api Indonesia Muhammad Eka Anugra; Sri Bakti Yunari
Reformasi Hukum Trisakti Vol 8 No 1 (2026): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v8i1.25311

Abstract

The Rail Clinic Program is an implementation of Corporate Social Responsibility (CSR) by PT Kereta Api Indonesia (Persero), which aims to provide free health services to communities living around railway lines. The issue is how to organize the Rail Clinic program as a form of CSR implementation by state-owned enterprises in the railway sector in Indonesia. The research method used is a normative, descriptive type of research with a legal approach, using primary, secondary, and tertiary legal materials that are analyzed qualitatively. The results and conclusion of the analysis of the implementation of the Rail Clinic Program are based on PT. KAI's internal regulations as outlined in the SOP with reference to Article 87 E of Law Number 1 of 2025, as well as sectoral regulations in the field of railways. This program has been implemented effectively by involving community participation and providing direct benefits for improving the welfare of communities around the railroad tracks, although health services are still incomplete and not supported by comprehensive health facilities. As a suggestion, the Rail Clinic Program should be optimized to provide better health services to the community.
PENGATURAN MENGENAI PERLINDUNGAN HUKUM BAGI KREDITUR YANG TERLAMBAT MENDAFTARKAN PIUTANGNYA BAGI PKPU DI INDONESIA: Provisions Regarding Legal Protection for Creditors who are Late in Registering their Claims in PKPU Proceedings in Indonesia Intan Naila Fadhillah; Sri Bakti Yunari
Reformasi Hukum Trisakti Vol 8 No 2 (2026): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v8i1.25186

Abstract

In the Indonesian economic system, there is a Debt Payment Obligation Deferral (PKPU) mechanism to prevent a company from becoming insolvent with regard to its assets. The PKPU mechanism involves a settlement agreement proposed by the debtor, which must be approved by the creditors. Once approved by the court, the result is a homologated settlement agreement. The problem formulation is how to regulate creditors who are late in registering their receivables in the PKPU process in Indonesia. The research method used is descriptive and normative, using secondary data supported by interviews. The results of the discussion and conclusion show that Law 37 of 2004 regulates late registration, but only for a period of two days of delay in Article 278 paragraph (3). Creditors who experience a delay of more than two days can file an appeal, which will then be assessed by the court based on the principles of justice and legal certainty. Although Law No. 37 of 2004 does not explicitly regulate creditors who are late beyond this period.