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All Journal Publisia: Jurnal Ilmu Administrasi Publik Yustisia Brikolase : Jurnal Kajian Teori, Praktik dan Wacana Seni Budaya Rupa Devotion: Journal of Research and Community Service Reformasi Hukum Trisakti Amicus Curiae
Arif Wicaksana
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Arts Humanities Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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TINJAUAN YURIDIS PEMBERIAN DAN GAGAL BAYAR DALAM PEMBIAYAAN PENDIDIKAN TINGGI SARJANA DI INDONESIA DAN DI AMERIKA SERIKAT: Legal Review of Granting and Default in Financing Higher Education in Indonesia and the United States Shanda Amarissa; Arif Wicaksana
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.v7i4.23558

Abstract

This study examines the application of the 5C financing principles in providing undergraduate higher education loans, comparing the advantages, disadvantages, and default resolution mechanisms in Indonesia and the United States. Indonesia refers to the Banking Act, while the U.S. follows the Higher Education Act and its derivatives. A normative legal method with a descriptive-qualitative approach was used. The findings show that both countries apply the 5C principles. However, Indonesia lacks specific regulations and institutions as found in the U.S. Therefore, establishing a dedicated legal framework is essential to prevent legal uncertainty in educational financing.
Quo Vadis Employee Participation concerning Share Ownership in Companies in Indonesia Sari, Andari Yuriko; Wicaksana, Arif; Amriyati, Amriyati; Utomo, Gabriel Bramantyo
Devotion : Journal of Research and Community Service Vol. 4 No. 4 (2023): Devotion: Journal of Research and Community Service
Publisher : Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36418/devotion.v4i4.460

Abstract

In general, in various companies, workers are rarely considered company assets, so that in various company developments, the role of workers is not an important thing to consider. However, along with the times, workers are then considered as company assets and have even begun to develop in various companies that include workers in share ownership of the company concerned and by participating in company share ownership (ESOP: Employee Stock Ownership Program), thus workers feel become part of the company. Article 43 Paragraph (3) letter a Law no. 40 of 2007 concerning Limited Liability Companies (“UUPT”) basically states that companies can offer shares to their own employees. However, basically there is no obligation for companies to include their workers in the ownership of company shares according to the Company Law. The problems in share ownership in companies for workers are (1) What are the legal problematic dilemmas regarding workers' participation in share ownership in companies in Indonesia? (2) What is the normative regulation of workers' share ownership in a company if it is to be regulated in sources of employment law, both autonomous and heteronomous? . In general, it can be concluded that there are still many obstacles in terms of workers wanting to be included in company ownership because according to laws and regulations participation in company share ownership is not a mandatory thing for companies to do, but must be an initiative of workers' associations and/or unions. Apart from that, there is also the problem of how to regulate normatively related to share ownership in the company for workers so that workers have a legal basis to own shares in the company.
- PERTANGGUNGJAWABAN PELAKSANA TUGAS DIREKSI ATAS PERJANJIAN BISNIS REFERRAL ASURANSI : - Ilma Zhafirah Albar; Arif Wicaksana
Reformasi Hukum Trisakti Vol 5 No 2 (2023): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i2.16411

Abstract

There could still be a vacancy on the Board of Directors while it fulfills its obligations and functions. The Acting Director (Plt.) of the Board of Directors is the member of the Board of Directors who fills in for absent Board members. All decisions made by the members of the Board of Directors he replaces may be made by the Acting Board of Directors. How to assess the agreements between the Plt. Board of Directors in a Limited Liability Company in UUPT and the Plt. Board of Directors on the liabilities of PT AJTM is how the issue is formulated. Normative research, which is descriptive and analytical and is based on secondary data, is the research methodology. It is qualitative analysis. namely real behavior and conclusions are drawn deductively. The results of the research and discussion illustrate that Plt. The Board of Directors is only implicitly regulated in the Company Law because their role is basically the same as the Board of Directors. Responsibility for the legal relationship that has existed between PT AJTM and third parties cannot be suspended to members of the board of directors individually, because the cooperation agreement made by a legal entity is carried out on behalf of the Company itself as a legal entity, not on behalf of individuals. In this case it can be concluded that a third party can sue PT AJTM for their rights if they have not been fulfilled.
RANGKAP JABATAN KOMISARIS BANK MANDIRI BERDASARKAN UNDANG-UNDANG BADAN USAHA MILIK NEGARA Dine Qieftiah; Wicaksana, Arif
Reformasi Hukum Trisakti Vol 5 No 3 (2023): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i3.16428

Abstract

Concurrent positions in BUMN are still a problem, as in the appointment of the Head of the Financial and Development Supervisory Agency (BPKP) as Commissioner of PT. Bank Mandiri (Persero) Tbk. (hereinafter PT. BM). The problem is the appointment of the Head of BPKP as the Board of Commissioners at PT. The BM will cause a conflict of interest in terms of Law No. 19 of 2003 concerning BUMN and what are the legal consequences of concurrent positions on the Board of Commissioners at PT. BM and the Head of BPKP. The research is normative legal research, descriptive, analysed qualitatively, conclusions using deductive logic. The results of research are BPKP conducts audits of BUMN as a whole including PT. BM for this reason, the discussion is about the concurrent position of Muhammad Yusuf Ateh as Commissioner of PT. BM. as well as the Head of the BPKP has the cause a conflict of interest and the legal consequence is his term of office as Commissioner of PT. BM must stop or be deemed to have ended. The conclusion is that the concurrent position creates a conflict of interest and must be terminated or deemed to have ended.
SENI LUKIS KARYA WIRYONO PERIODE 2006-2012 Wicaksana, Arif; Cholis, Henry
Brikolase : Jurnal Kajian Teori, Praktik dan Wacana Seni Budaya Rupa Vol. 9 No. 2 (2017)
Publisher : Institut Seni Indoensia Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33153/bri.v9i2.2168

Abstract

This article discusses the paintings by Wiryono in the 2006-2012 period which are unique in terms of techniques, shapes, fantasies, metaphors, and aesthetics that are displayed in the works. The type of research used is qualitative research using a phenomenological approach that obtains data through direct observation in the field, interviews, literature reviews and other visual data. To dissect the work, Monroe C. Beardsley's theory of creativity was used. Keywords: aesthetics, wiryono, painting.
ASPEK HUKUM DALAM PENGABAIAN PEMBAYARAN UTANG OLEH DIREKSI YANG MENGAKIBATKAN KEPAILITAN PERSEROAN: Legal Aspects of Directors’ Negligence in Debt Payment Leading to Corporate Bankruptcy Ibrahim Aulia Akbar; Arif Wicaksana
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.v8i1.25165

Abstract

The application of the duty of care principle constitutes a primary obligation of directors in carrying out corporate management functions, particularly in the management of debt repayment obligations to creditors. In Indonesian bankruptcy law practice, corporate bankruptcy is not always caused by a condition of inability to pay (insolvency), but may occur as a result of directors’ negligence in exercising the principle of prudence, even though the company factually still possesses adequate financial capacity and sufficient assets. The legal issue examined in this study concerns the legal aspects of directors’ neglect of debt repayment that results in corporate bankruptcy. This research employs a normative legal research method using a statutory approach. The Decision of the Commercial Court at the Semarang District Court Number 2/Pdt.Sus-Pailit/2024/PN Niaga Smg is used as a factual reference to illustrate the phenomenon of corporate bankruptcy involving a relatively small amount of debt compared to the assets owned by the company. The findings and conclusion indicate that directors’ negligence in managing debt repayment obligations may be classified as a violation of the duty of care principle, which opens the possibility of corporate bankruptcy, regardless of the company’s financial condition that remains substantively sound.  
TANGGUNG JAWAB MANTAN DIREKSI PT DINAR KALIMANTAN COAL ATAS PELANGGARAN PRINSIP FIDUCIARY DUTY DAN GOOD CORPORATE GOVERNANCE: Responsibilities Of The Former Directors Of Pt Dinar Kalimantan Coal For Violation Of Principles Of Fiduciary Duty And Good Corporate Governance Naufaldi Eka Kurniawan; Arif Wicaksana
AMICUS CURIAE Vol. 2 No. 4 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i4.24986

Abstract

PT Dinar Kalimantan Coal as a limited liability company operating in the coal mining sector is obliged to pay PNBP in the form of Royalties and Fixed Contributions to the state. The board of directors as the company organ representing the company is supposed to pay the PNBP, but Haspin Walad and Yossyka Herdian Gederaharja as the former board of directors of PT Dinar Kalimantan Coal for the 2011-2019 period neglected their duties and did not provide the company's financial reports to shareholders. The main problem in this research is whether Haspin Walad and Yossyka Herdian Gederaharja violated the principles of fiduciary duty and good corporate governance and how they are held accountable. Researchers use normative juridical research methods with descriptive research characteristics and use secondary data. The research results were analyzed qualitatively and conclusions were drawn using deductive logic. The results of this research prove that the former board of directors of PT DKC violated the principles of fiduciary duty in Article 66, Article 97 paragraph (2) of the 2007 PT Law, Article 8 of the DP Law and good corporate governance, namely the principles of openness, accountability, responsibility, independence and fairness. So that it causes losses to the company, therefore you can be held responsible up to your personal assets based on Article 97 paragraph (3) of the 2007 PT Law by filing a lawsuit in court based on an unlawful act in Article 1365 of the Civil Code
PERLINDUNGAN PT PEGADAIAN AKIBAT BARANG GADAI HASIL CURIAN Berlianti, Betari Julia; Wicaksana, Arif
AMICUS CURIAE Vol. 3 No. 1 (2026): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v3i1.25675

Abstract

PT Pegadaian sebagai lembaga pembiayaan berbasis gadai berpotensi mengalami kerugian apabila barang jaminan yang diterima merupakan hasil tindak pidana pencurian. Permasalahan hukum muncul ketika barang gadai dikembalikan kepada pemilik asli berdasarkan putusan pengadilan pidana, sementara kewajiban debitur belum dilunasi. Penelitian ini bertujuan menganalisis perlindungan hukum bagi PT Pegadaian sebagai penerima gadai beriktikad baik terhadap barang jaminan hasil curian. Metode yang digunakan adalah yuridis normatif dengan pendekatan peraturan perundang-undangan dan studi kasus Putusan Nomor 49/Pid.B/2023/PN Mnd. Hasil penelitian menunjukkan bahwa PT Pegadaian telah menerapkan Customer Due Diligence (CDD) sesuai POJK Nomor 8 Tahun 2023 dan bertindak berdasarkan asas iktikad baik. Namun, pengembalian barang kepada pemilik asli menyebabkan hapusnya hak gadai sebagaimana Pasal 1152 ayat (3) KUHPerdata dan menimbulkan kerugian finansial. Meskipun Pasal 1152 ayat (4) dan Pasal 1977 ayat (1) KUHPerdata memberikan perlindungan bagi penerima gadai beriktikad baik, perlindungan tersebut belum efektif dalam praktik. Oleh karena itu, diperlukan penguatan mekanisme perlindungan hukum bagi kreditur tanpa mengesampingkan hak pemilik sah.
ANALISIS YURIDIS TINDAKAN DIREKTUR UTAMA DANA PENSIUN BUKIT ASAM BERDASARKAN PRINSIP FIDUCIARY DUTY: Legal Analysis of Fiduciary Duty in The Action of The Bukit Asam Pension Fund President Director Raja Abdurrafi Arifin Siregar; Arif Wicaksana
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.v8i1.25113

Abstract

The increase in life expectancy accompanied by a growing elderly population in Indonesia requires professional, responsible, and secure management of pension funds to ensure the welfare of participants in their retirement. Pension funds, as legal entities, are managed by a Board of Directors bound by the principle of fiduciary duty as a relationship of trust in the management and investment of participants' funds. However, errors in investment policy have the potential to cause losses and raise issues of legal liability for the Board of Directors. The problem formulation in this study is the liability of the Board of Directors for errors in investment placement in the Bukit Asam Pension Fund for the period 2013–2018 based on the principle of fiduciary duty and the application of the principle of piercing the corporate veil. The method used in this study is normative legal research with a descriptive qualitative approach, through a literature study of relevant laws, court decisions, and legal literature. The results and conclusion shows that these actions constitute a violation of fiduciary duty and cannot be classified as business risks protected by law. Therefore, the Board of Directors' liability is personal through the application of the piercing the corporate veil principle, so that limited liability protection can be set aside.
ANALISIS DOKTRIN PIERCING THE CORPORATE VEIL DALAM KERUGIAN PERSEROAN TERBATAS : An Analysis of The Doctrine of Piercing The Corporate Veil in Limited Liability Company Losses Muhammad Khazas Fadhila Djou; Arif Wicaksana
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.v8i2.25151

Abstract

The principle of fiduciary duty constitutes a fundamental obligation that must be upheld by the Board of Directors in managing company, as stipulated in Article 97 paragraphs (2) and (3) of Law Number 40 of 2007 concerning Limited Liability Companies. Directors may be held liable if they are proven to have acted negligently or unlawfully in performing their duties. The problem formulation in this article concerns the liability of the Board of Directors PT Sri Rejeki Isman Tbk, which suffered significant losses due to the misuse of company funds, with focus on the application the doctrine of piercing the corporate veil. This study employs normative legal research method with approach based on legal principles, utilizing secondary data consisting of primary, secondary, and tertiary legal materials, which analyzed qualitatively and concluded deductively. The results and conculicions indicate that the Board of Directors may be held personally liable due to indications of fiduciary duty violations, including the misuse of company funds for personal interests and disregard for the company’s interests. These findings affirm that the doctrine of piercing the corporate veil may be applied to overcome limited liability protection and impose personal liability on the Directors for the losses suffered the company.
Co-Authors Abrianti, Sharda Amriyati Amriyati Anna Maria Tri Anggraini Arranchado, Jimi Rambo Berlianti, Betari Julia Bintang Nugraha Putra Cholis, Henry Dine Qieftiah Gabriel Sibtua Sianturi Harmono, Harmono Ibrahim Aulia Akbar Ilma Zhafirah Albar Manangi, Izra Charistulus Muhammad Khazas Fadhila Djou Muhammad Reza Akbar Fachrezi Naufaldi Eka Kurniawan Raja Abdurrafi Arifin Siregar Sabirin, Ahmad Sari Yuniarti Sari, Andari Yuriko Shanda Amarissa Siagian, Nico Grevandi M Sulaiman, Eric Joses Sumitro Salim Utomo, Gabriel Bramantyo