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All Journal Jurnal Notarius DE LEGA LATA: Jurnal Ilmu Hukum Journal of Education, Humaniora and Social Sciences (JEHSS) DOKTRINA: JOURNAL OF LAW Veteran Law Review Pena Justisia: Media Komunikasi dan Kajian Hukum Legalitas: Jurnal Hukum JHR (Jurnal Hukum Replik) Randwick International of Social Science Journal
Surya Perdana
Universitas Muhammadiyah Sumatera Utara
Humanities Health Professions Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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Responsibility Of The Board Of Directors In Management Of State Assets In Capital Participation Of State-Owned Enterprises Based On Legal Certainty Muhammad Yusrizal; Surya Perdana; Muhammad Arifin
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5303

Abstract

Overlapping related to state finances also occurs in several judicial decisions, namely the decision of the Constitutional Court of the Republic of Indonesia No. 77/PUU-IX/2011 on the judicial review of Law No. 49 Prp of 1960 concerning the State Receivables Affairs Committee. The substance of the Judicial Review of this Law is to ask the Court to cancel the provisions of Article 4, Article 8, Article 10, and Article 12. In the ruling of the Constitutional Court, it is stated that the assets owned by BUMN are separate from state assets, so that the authority to manage assets, businesses, including the settlement of BUMN debts is subject to limited liability company law based on Law No. 40 of 2007 concerning Limited Liability Companies. The formulation of state financial losses is interpreted as the same as state losses. This can be seen in the provisions of Article 35 paragraph (1) and paragraph (4) of Law Number 17 of 2003 concerning State Finance; Article 1 number 22, and Articles 59 to 67 of Law Number 1 of 2004 concerning State Treasury; Article 20 paragraph (4), paragraph (5), and paragraph (6) of Law Number 30 of 2014 concerning Government Administration. These regulations regulate Treasury Claims (TP) and Compensation Claims (TGR) for non-treasurer state/regional finances. Based on Supreme Court Regulation Number 4 of 2015 concerning Guidelines for Proceedings in the Assessment of Elements of Abuse of Authority, the PTUN has the authority to assess before a criminal process. It is clear that the actions of BUMN directors that result in state financial losses can be subject to administrative and/or criminal sanctions
Emil Law Enforcement Of Fishery Crimes By Corporations In Indonesia: Law Enforcement Of Fishery Crimes By Corporations In Indonesia Emiel Salim Siregar; Adi Mansar; Surya Perdana
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6449

Abstract

This article aims to enforce the law on criminal acts of fisheries by corporations in Indonesia. Fisheries is a leading sector for the Indonesian economy, but there are often violations of the law committed by corporations in their fisheries activities, so that law enforcement against criminal acts of fisheries by corporations in Indonesia has complex challenges. This study uses normative legal research, which refers to applicable legal regulations and binds the surrounding community. This study formulates critical questions about the legal regulation of criminal acts of fisheries by corporations in Indonesia and also the implementation of law enforcement of criminal acts of fisheries by corporations in Indonesia. Increasing cooperation between government law enforcement agencies and civil society is important to overcome existing challenges and ensure the sustainability of fisheries resources in Indonesia.
Co-Authors Adi Mansar Aldo Fahrezi Raja Muda Lubis Arke Furman Ambat Cakra Arbas Cardio S. Butar-Butar Emiel Salim Siregar Evan Saputra Situmorang Faisal Riza Farid Wajdi Fauzi, Ahmad Ferry Irawan Nasution Guntur Rambey Hamdi Hasibuan Hendry Abbas Sembiring Ida Hanifah Imman Yusuf Sitinjak Indra Kristian Tamba M. Rikki Ramadhan Muhammad Arifin Gultom Pamitri Pamitri Pani Chadijah Nasution R. Juli Moertiono Rachmad Abduh Ramlan Ramlan Sahari, Alpi Simon Elika Simatupang Suprayitno Suprayitno Triono Eddy Wahyu Surya Dharma