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Implementation of Business Judgement Rules in Indonesia: Theories, Practices, and Contemporary Cases Irawan, Chandra Noviardy; Pujiyono, Pujiyono; Cahyaningtyas, Irma
Indonesian Journal of Advocacy and Legal Services Vol. 4 No. 1 (2022): Empowering Community Strengthening Justice in Indonesia and Global Context
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v4i1.23273

Abstract

Business judgment rule considerations were born with a background of problems where they are always blamed for losses suffered by the company, the impression that is built basically does not reflect the values ​​in the company’s business operations. This research aims to analyze how is the adoption process Business Judgement Rule in Indonesian law, and how to apply Business Judgement Rule in Indonesian. This research also intended to understand the application of the Business Judgment Rule doctrine in Indonesia. This research is normative juridical research conducted through library research and analyzed by qualitative research methods on the secondary data found. The results of this study indicate that the application of the Business Judgment Rule can provide legal protection for the board of directors for business policies taken even though the business policy results in losses for the company, as long as the business decisions are made with prudence, in good faith, and in the scope of authority and responsibility.
Selective Abortion After Preimplantation Sex Selection: An Ethical and Legal Issue in Indonesia Pujiyono, Pujiyono; Budiyanti, Rani Tiyas
GHMJ (Global Health Management Journal) Vol. 2 No. 2 (2018)
Publisher : Yayasan Aliansi Cendekiawan Indonesia Thailand (Indonesian Scholars' Alliance)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35898/ghmj-22196

Abstract

Background: The emerging of sex selection technology in Indonesia is sperm sorting, meanwhile sex selection with Preimplantation Genetic Diagnosis (PGD) methods is not widely used. The use of sperm sorting has bigger chance to fail than PGD, thus potentially cause ethical and legal problems that is selective abortion during pregnancy. The potency for selective abortion is enlarged by Indonesian law that permitting sex selection without distinction of medical and non-medical reasons. There is no special policy to regulate the selective abortion because of sex selection failure.  Aims: This study aims to find out the legal concept of selective abortion after preimplantation sex selection that appropriate to be applied in Indonesia.Methods: This research is normative research that use analytics method with legal approach and conceptual approach. The research material consists of primary legal material (legislation about sex selection and abortion in Indonesia), secondary legal materials (legal journals, law books, and legal proceedings), and also non-legal materials (journals, books, and health proceedings about sex selection and abortion).Results: In Indonesia meanwhile in general, abortion is permitted for pregnancy with medical indication and rape victim. Through a statue approach in Indonesia, selective abortion after preimplantation sex selection can be implemented for strong medical reasons. While the failure for non-medical reasons can't be aborted. This regulation contrary with ethics, morals and religion. Selective abortion should not be done because of preimplantation sex selection failure either medical or non-medical reasons. Conclusion: Selective abortion after preimplantation sex selection both medical and non medical reason contrary with moral, ethical, and religion. Indonesia needs to regulate further policy about selective abortion if there is a failure of preimplantation sex selection.
Existence of customary law in Indonesian criminal law Helmi, Muhammad Ishar; Pujiyono, Pujiyono; Zada, Khamami
Jurnal Cita Hukum Vol. 10 No. 3 (2022)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v10i3.29829

Abstract

Currently, the scope and regulation of the criminal law system which only recognizes written law is deemed unable to accommodate the various legal needs of indigenous peoples who are still alive today. This is due to the principle of legality of criminal acts which is oriented towards individual-liberalism, not the plurality of society. Therefore, recognizing acts that violate customary law within the framework of the national legal system is considered appropriate in meeting the legal plurality needs of indigenous communities. The rigidity and arrogance of the current legalistic view of criminal law is no longer able to respond to plurality and a sense of justice, especially for customary law communities, because the reality of indigenous people's lives shows that there are countless customary law provisions outside of the law, which continue to live and are obeyed in every vein. community group members. The research method used in this study is a normative legal research method with a socio legal research approach. The socio-legal approach is intended as an approach in legal research that is focused on studying legal phenomena from the perspective of social sciences. The research results state that the position of traditional justice institutions is actually in a state of existence and absence, on the one hand it is not recognized by the Indonesian positive legal system but there are practices of these traditional justice institutions. However, cases decided based on customary law can still be found in a very limited number of cases.
Social Work Crime as an Alternative to Resolving Overcrowding in Correctional Institutions Kholdaa, Madya Cinta; Pujiyono, Pujiyono
JUSTISI Vol. 10 No. 3 (2024): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v10i3.3491

Abstract

Overcrowded in correctional facilities results from various factors, including increased inmate numbers due to prevailing prison sentencing policies, judicial inefficiencies in handling detainees, and high recidivism rates. The consequences of overcrowding are severe, impacting the ability to meet inmates' basic needs, leading to poor sanitation and health conditions, and reducing the effectiveness of rehabilitation programs. Social work penalties, adopted in several countries, offer a rehabilitative approach that focuses on social reintegration rather than isolation through prison sentences. These penalties help facilitate inmate recovery by involving them in beneficial community activities such as environmental care or social services. This research employs a normative juridical methodology, utilizing document analysis of relevant legal and literature sources. Data are qualitatively analyzed, considering legislative regulations, legal literature, and related research findings. The study aims to contribute to more effective policy formulation for managing overcrowding in correctional facilities and to consider more humane and rehabilitative sentencing alternatives
Implementation of Prudential Principles in Risk Management in Digital Banking Business Models Redita Suryadarma, Fatika; Pujiyono, Pujiyono
Devotion : Journal of Research and Community Service Vol. 6 No. 1 (2025): Devotion: Journal of Community Research
Publisher : Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/devotion.v6i1.25408

Abstract

In the era of digital transformation, banking faces various challenges such as cyber, operational, and reputation risks, so that the principle of prudence in risk management of banking business models becomes an urgency that cannot be ignored. The purpose of this study is to analyze the implementation of the principle of prudence in risk management in digital banking business models. This study uses a normative research method with a legislative approach and a conceptual approach. The results of this study indicate that the principle of prudence in the digital banking sector plays a fundamental role in maintaining the stability and integrity of financial institutions. This principle not only helps in risk management, but also ensures a strong relationship between banks and customers, which is based on trust.
THE ULTIMUM REMEDIUM PRINCIPAL FORMULATION POLICY IS PARTIAL IN NATURE IN CORPORATE CRIMINALITY IN INDONESIA Adhari, Ade; Pujiyono, Pujiyono; Sidharta, Sidharta; Aprilia, Indah Siti
Indonesia Law Review Vol. 14, No. 1
Publisher : UI Scholars Hub

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Abstract

This article identifies and examines the policy formulation of the ultimum remedium principle in criminalizing corporations in Indonesia. The source of criminal law is found in the Criminal Code (KUHP) and laws outside the Criminal Code. The principle of ultimum remedium in corporate punishment is not recognized in the Criminal Code. Limited ultimum remedium-based corporate penalties are found in various laws containing offenses in the fields of taxation, customs, excise and the environment. Normatively, the process of prosecuting a corporation is a last resort, and the main step required is fulfilling the obligation to pay off losses to state revenue, paying off import duties that are not or underpaid or after paying off excise that is not and/or underpaid. From this policy formulation, it can be seen that the principle of ultimum remedium in corporate punishment is partial.
THE JUDICIAL POLICY OF RATIO DECIDENDI REGARDING CORPORATE CRIMINAL LIABILITY TOWARDS JUST JUDGMENTS Aryani, Fajar Dian; Pujiyono, Pujiyono; Sidharta, Sidharta
Indonesia Law Review Vol. 14, No. 2
Publisher : UI Scholars Hub

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Abstract

Observing the workings of law in Indonesia is very intriguing, particularly regarding corporations in the era of globalization. In this context, the refunctionalization of law in the enforcement of corporate law is interpreted as a process of legal renewal and a part of a progressive and reformative legal political process. In this regard, the legal interpretation of corporate liability principles becomes the main focus of this dissertation. It appears that corporate liability, which is key to prosecuting corporations, still requires more serious efforts to be articulated in practical terms, leading to fair judicial decisions for both the corporation itself and the victims of corporate crimes. This situation drives the researcher to examine the issues of (a) How judges’ Ratio Decidendi interprets corporate liability, and (b) How the element of corporate fault should be interpreted in judges’ Ratio Decidendi to improve the regulatory provisions regarding corporate liability. The research method applied in this study is normative legal research. The statutory approach is used by reviewing all regulations related to the legal issue being studied, namely corporate liability. The conceptual approach is used as an argument to solve problems based on doctrines to better understand the basic ideas, legal concepts, and legal principles relevant to the issue. The method of interpretation often found in various criminal law literature is discussed. The research results affirm that legal interpretation and construction can be seen as ways for judges and other legal officers to discover the law. There is a difference in character between civil law and common law experts when discussing legal discovery. Thus, this study attempts to apply the use of the term Ratio Decidendi in the Indonesian criminal legal system, particularly in interpreting corporate liability.
PENGARUH PROFITABILITAS(ROA), PAJAK TERHDAP KEPUTUSAN PENDANAAN PADA MANUFAKTUR YANG TERDAFTAR DI BURSA EFEK INDONESIA PERIODE 2014-2017 Pujiyono, Pujiyono; Solikah, Mar’atus
Prosiding Seminar Nasional Manajemen, Ekonomi dan Akuntansi Vol. 3 No. 1 (2018): PROSIDING SEMINAR NASIONAL MANAJEMEN, EKONOMI DAN AKUNTANSI 2018
Publisher : Universitas Nusantara PGRI Kediri

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Abstract

Salah satu keputusan yang harus diambil oleh manajer, untuk pengembangan potensi dan pencapaian kinerja yang optimal adalah keputusan pendanaan yang tepat bagi perusahaan. Tujuan dalam penelitian ini adalah Untuk menganalisis pengaruh Profitabilitas(ROA), pajak secara parsial dan simultan terhadap Keputusan Pendanaan. Penelitian ini menggunakan metode penelitian expost facto dengan pendekatan kuantitatif. Teknik sampling yang digunakan adalah Nonprobability sampling dengan kriteria. Sampel sebanyak 68 perusahaan dari 147 populasi dan dianalisis menggunakan regresi linier berganda dengan software SPSS for windows versi 24. Kesimpulan dalam penelitian ini adalah hasil penelitian menunjukkan bahwa profitabilitas (ROA) secara parsial berpengaruh signifikan terhadap keputusan. pajak secara parsial tidak berpengaruh signifikan terhadap keputusan pendanaan. Sedangkan pengujian secara simultan Profitabilitas (ROA), pajak berpengaruh signifikan Terhadap Keputusan Pendanaan.
Legal Force Of The Binding Agreement For Sale And Purchase In Full And The Power To Sell With A Non-Electronic Id Card Identity Raharjo, Prasetyo; Pujiyono, Pujiyono; Suryono, Arief
International Journal of Educational Research & Social Sciences Vol. 4 No. 4 (2023): August 2023
Publisher : CV. Inara in Colaboration with www.stie-sampit.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v4i4.681

Abstract

A Sale and Purchase Binding Agreement (PPJB) is an obligatoir agreement that usually includes a power to sell clause. Under certain conditions, illegal acts may arise such as the seller disappearing after signing the deed as in the case of a civil case registered in the Karanganyar District court number 2 / Pdt.G / 2021 / PN Krg. The obligation to include an Electronic KTP in the transfer of rights raises problems with the paid PPJB and selling power made during the transition of self-identity from Non-Electronic KTP to Electronic KTP, namely in 2011 at which time the process of transferring rights at the National Land Agency (BPN) office was still received using a non-electronic KTP. This research method is juridical normative to determine the legal strength of paid off PPJB and the power to sell with a non-electronic ID card identity. The legal force of PPJB in full and the power to sell with a non-electronic ID card identity is valid and has binding legal consequences and must be implemented by the parties as ordered by law, if the PPJB is carried out and meets the requirements for the validity of the agreement as stipulated in Article 1320 of the Civil Code, the fulfillment of the principles of the agreement and the elements of the agreement therein and does not violate the provisions, decency and decency and the laws in force at the time the deed was made. Apart from that, the legal force of proof attached to an authentic deed is perfect in the sense that the proof is sufficient with the deed itself unless there is evidence of an opponent who proves otherwise and the judge is bound by the deed itself as long as the deed made is in accordance with the provisions of the validity of a deed as stipulated in the UUJN and Civil Code.
Conceptualization of Legal Protection for Prosecutors' Personal Data In Law Enforcement Processes.: Conceptualization of Legal Protection for Prosecutors' Personal Data In Law Enforcement Processes. Windraswara, Juniardi; Pujiyono, Pujiyono; Nabitatus Sa'adah
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

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Abstract

A reform of State Attorney policy is required for personal data protection in the digital era to align legal frameworks with evolving technology, protect citizens' privacy rights, and address gaps in existing regulations like Indonesia's Personal Data Protection Law (UU PDP). This reform necessitates clear data management rules, robust enforcement through independent authorities, strengthened technological adaptability, and international cooperation to safeguard data against misuse and breaches while ensuring accountability in legal assistance—key Areas for Reform, Regulatory Frameworks, Data Management, Enforcement Mechanisms, Public Awareness, and Education. The rapid growth of digital technologies, especially in sectors like e-commerce and fintech, increases the risk of data leaks and misuse of personal information. Legal frameworks must evolve to keep pace with rapidly changing digital technologies to protect data and address new threats effectively. By addressing these areas, the sector of legal aid can adapt its policies to better protect personal data in the digital age and uphold fundamental human rights in a digital society.
Co-Authors Achmad Achmad Ade Adhari Agung Andiojaya Agung Andiojaya Agustiawan, M. Hendri Ahmad Ridwan, Nur Almira Rahma, Ardita Anis Widyawati Aprilia, Indah Siti Ardi, Muhammad Khalif Arief Suryono Arifin, Alif Wisuda Aryani, Fajar Dian Barda Nawawi Arief Bhakti, Rizky Atswari Cahya Wulandari Claudia, Natasya Debora Natalia Sudjito Dwi Maryono Edy Suprapto Edy Suprapto Encep, Encep Fernando, Zico Junius Hardiani, Putri Ikhsan Ikhsan Irawan, Chandra Noviardy Irma Cahyaningtyas, Irma Jamal Wiwoho Jaya, I Nyoman Serikat Putra Khamami Zada Kholdaa, Madya Cinta Kristiani Kristiani Kukuh Tejomurti, Kukuh Mahardika, Sylvester Enricho Mara Sutan Rambe Mardiana - Maria Silvya E. Wangga Marmi Sudarmi Muchlas Rastra Samara Muksin Muhammad Ishar Helmi, Muhammad Ishar Mulyanto Mulyanto Nabitatus Sa'adah Najlalinka, Zahrafhia Ndraha, Agung Silwanus Nugroho, Sofyan Nur Rochaeti Nur Rochaeti, Nur Pati, Umi Khaerah PRANOTO Priscilia, Erika Pujiyono Pujiyono Pulungan, Muhammad Al Faisal Putra Jaya, Nyoman Serikat Putra, Risqi Perdana Putra, Yagie Sagita Putrajaya, Nyoman Serikat Raharjo, Prasetyo Rani Tiyas Budiyanti Redita Suryadarma, Fatika Rian Saputra Roy Rovalino Herudiansyah Sahid, Mualimin Mochammad Saptanti, Noor Saputra, Andika Oktavian Sembiring, Rya Elita Br Sidharta, Sidharta Slamet Subiyantoro Solikah, Mar’atus Sulistyo, Edhei Sunny Ummul Firdaus Supeno, Bambang Joyo Suranto Suranto Toha, Syarief Tuhana Tuhana Umi Rozah Wicaksono, Adi Hardiyanto Windraswara, Juniardi Yasin Surya Wijaya Yunus Husein Yunus Husein