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All Journal Sociological Jurisprudence Journal Jurnal Syntax Transformation Jurnal Ilmiah Raad Kertha Jurnal Impresi Indonesia Journal of Social Research Journal of Social Science
Kadek Dedy Suryana
Universitas Mahendradatta
Religion Humanities Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Aspects of Joint Venture Business in The Development of Sustainable Environmental Commercial Property Areas Putu Sintha Devi Ayudya Ningrat; Deli Bunga Saravistha; Kadek Dedy Suryana
Sociological Jurisprudence Journal Vol. 8 No. 2 (2025)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.8.2.2025.105-116

Abstract

Property investment in Indonesia continues to experience significant growth each year, especially through joint venture schemes between domestic and foreign investors. This investment model is considered promising due to high market demand and stable land value appreciation. However, the development of commercial property areas often has an impact on the environment, such as land conversion, social changes in local communities, and potential pollution. Therefore, environmental sustainability aspects have become an important concern in business law, particularly in the regulation of joint venture-based investments. This research aims to examine the legal regulations regarding joint ventures in the development of commercial property areas, as well as the obligation to prepare an Environmental Impact Assessment (AMDAL) as stipulated in national legislation and international principles such as the Rio Declaration 1992, using normative research methods and a case approach. The study results show that although joint ventures are not explicitly regulated in the Limited Liability Company Law, this form of business entity is widely used and subject to environmental legal obligations, including the precautionary principle, polluter pays principle, and sustainable development. This study emphasizes the need for synergy between developers, the government, and the community to ensure that property development is not only economically beneficial but also responsible towards environmental sustainability.
Illegal Conduct After the Decision of the Constitutional Court Number 03/Puu-Iv/2006 On Corruption Crime I Gusti Ngurah Agung Permata Dewa; Zuhro Nurindahwati; Kadek Dedy Suryana
Journal of Social Research Vol. 3 No. 10 (2024): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v3i10.2274

Abstract

One of the phenomenal formulations of the Article is "unlawfully" Article 2 paragraph (1) of the PTPK Law which in its explanation is interpreted as acts against formal and material laws, has experienced a shift in meaning with the issuance of the Constitutional Court Decision No. 03/IV-PUU/2006 which only recognizes acts against formal laws, while acts against material laws are seen as not meeting the principle of legality, However, the Supreme Court in several of its decisions disagreed with the concept of the Constitutional Court's decision, using the doctrine of "Sens Chair" where judges are obliged to explore the values of law and justice that live in society. Based on these provisions, the problem can be formulated, namely how to develop the meaning of unlawful acts before and after the Constitutional Court Decision No. 03/IV-PUU/2006 on the Crime of Corruption and how the validity of the Supreme Court's decision which does not apply the decision of the Constitutional Court No. 03/PUU-IV/2006 in several decisions. To analyze these problems, the theory of criminal acts, the theory of corruption crimes and the theory of unlawful acts are used. This type of research is a normative research with a legislative approach, a historical approach and a conceptual approach, the sources of legal materials used in this study are primary, secondary and tresier legal materials, the collection of legal materials used is a documentation study and using quantitative analysis. The Constitutional Court's Decision No. 03/PUU-IV2006 has annulled the explanation of Article 2 paragraph (1) of the Law on the Eradication of Corruption (PTPK Law), which adopts the concept of material law in its positive function. As a result of this decision, the concept of unlawfulness in the PTPK Law should be interpreted as a teaching of formal and material unlawfulness in its negative function. The principle of legality is the main principle in criminal law, which aims to protect human rights from the arbitrary attitude of the rulers. However, the Supreme Court interprets formal and material unlawful acts in their positive function, they can still ensnare the perpetrators of corruption crimes and punish the defendants based on existing laws and regulations.
Co-Authors AA Sagung Poetri Paraniti Anak Agung Gde Putra Arjawa Erikson Sihotang I Gusti Ngurah Agung Permata Dewa I Ketut Sukadana I Komang Edy Dharma Saputra I Ngurah Agus Dwi Widiatmika Putra Made Larasati Nyoman Tri Jaya Putra Putu Angga Sarmawan Putu Pramayuni Karisma Devi Putu Sintha Devi Ayudya Ningrat Saravistha, Deli Bunga Zuhro Nurindahwati