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All Journal Bengkoelen Justice : Jurnal Ilmu Hukum Jurnal Multidisiplin Dehasen (MUDE)
Widiya N. Rosari
Universitas Bengkulu
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Strengthening Corporate Legal Functions in Achieving Good Corporate Governance at PT Bank Bengkulu Siti Aisyah; Widiya N. Rosari; Tito Sofyan
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 10, No 2 (2020): November 2020
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (63 KB) | DOI: 10.33369/j_bengkoelenjust.v10i2.13797

Abstract

The increase in company value is reflected in the increase in performance and company image. PT Bank Bengkulu in enhancing the value of the company is done by applying the principles of Good corporate governance supported by the Corporate Legal division. The principles of Good Corporate Governance include: openness, accountability, responsibility, independence and fairness. Corporate Legal functions to regulate matters relating to the legal field which include: Organization and authority, advice or provision of legal assistance andhandling legal cases, risk management and mitigation, documentation, administration and reporting. Previously, Corporate Legal was part of the Compliance Division. However, since the transfer of Corporate Legal to Corporate Secretary, there has been overlapping of authority, duties and functions. The problem in this research is how to strengthen Corporate Legal in realizing Good Corporate Governance and what are the factors that inhibit the strengthening of Corporate Legal function in realizing Good Corporate Governance at PT Bank Bengkulu. This type of research is empirical research, data sources obtained from interviews, documents, as well as literature and legislation relevant to research. The results of the study are the strengthening of Corporate Legal at PT Bank Bengkulu conducted by organizational restructuring based on Directors Decree No.17.1 / HP.00.01 / D.1 / 2019/2019 regarding changes in the organizational structure of the transfer of Corporate Legal to Corporate Secretary which was formerly Corporate Legal part of Compliance division, thistransfer makes Corporate Legal have a wider authority that is able to provide legal oponi which includes external banks where previously in compliance with Compliance, Corporate Legal can only provide legal opinions that cover only the internal parts of the bank. The factor that inhibits the strengthening of the function of Corporate Legal in realizing good corporate governance at PT Bank Bengkulu is the overlapping authority between the Compliance division and the Corporate Secretary, in which there are no restrictions on what should be reviewed by the Compliance Division and Corporate Secretary, then in policytaken by the Board of Directors cannot be immediately decided by Corporate Legal so the problem becomes slow to be resolved immediately.
THE IMPLEMENTATION OF CORPORATE SOCIAL RESPONSIBILITY AS A LEGAL OBLIGATION FOR PLANTATION COMPANIES IN SELUMA REGENCY M. Alvin Azhari; Widiya N. Rosari; Candra Irawan
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 11, No 1 (2021): April 2021
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (355.866 KB) | DOI: 10.33369/j_bengkoelenjust.v11i1.15789

Abstract

This study aimed to examine and analyze the implementation of corporate social responsibility as a legal obligation for plantation companies in Seluma Regency carried out by PTPN VII of Padang Pelawi Business Unit. The type of this study was juridical empirical with descriptive research design. The results of this study indicated that the implementation of CSR by PTPN VII of Padang Pelawi Business Unit had been carried out with the Partnership and Community Development Program (known as PKBL in Indonesian abbreviation) based on the State-Owned Enterprise Ministerial Regulation Number: 09/MBU/07/2015 concerning the Partnership and Community Development Program for State-Owned Enterprises and its amended regulations. However, it had not been running optimally. Matters that need to be revised and improved besides continuing to implement the PKBL program that have been carried out were continue to enhance other CSR activities, especially those related to efforts to improve community welfare by increasing business capital assistance in the Partnership Program, and to provide access to information as well as to establish communication with the community so that CSR objectives can be more optimal.
LEGAL PROTECTION FOR PATIENTS OF HEALTH SERVICES AT RSUD ARGA MAKMUR BASED ON LAW NO. 8 OF 1999 CONCERNING CONSUMER PROTECTION AND LAW NO. 25 OF 2009 CONCERNING PUBLIC SERVICES. Erni Sisna Wati; Slamet Muljono; Widiya N. Rosari
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 12 No. 2 (2022)
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v12i2.25209

Abstract

This study examines the legal protection of patients as consumers of health services at RSUD Arga Makmur. This study aims to determine the legal protection of patients as consumers of health services and factors that support or hinder the legal protection of patients in RSUD Arga Makmur. In this study, the author examined the extent to which legal protection for patients of health services was carried out by health personnel in hospital. With the sociological juridical method, the author examines the legal protection of patients by considering the extent to which the patient's rights are fulfilled by health workers and hospital. The results showed that the legal protection of patients as consumers of health services at RSUD Arga Makmur is considerably good. The factors that hinder and support consist of internal and external factors which include communication, information, legal awareness, hospital facilities, work environment, and attitudes from the patient.
THE ANALYSIS OF GENERAL SUMMON FOR THE DEFENDANTS IN CIVIL CASES AT THE STATE COURT Rizki Febrianti; Widiya N. Rosari; Tito Sofyan
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 13 No. 1 (2023): April 2023
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v13i1.27799

Abstract

Provisions for summons contained in Article 390 HIR paragraph (3) and Article 718 RBg constitute an extraordinary summons often referred to as a general summons. The provisions of the article only implicitly regulate making general summons to the defendant whose whereabouts are unknown, thus creating an ambiguity in the proceedings and the duration of the General Summon. By implicitly regulating the article regarding the General Summon, this article tries to analyze the provisions of the General Summons to the Defendants. It is because the provisions do not regulate the process and the period. It can cause legal consequences in society as well as in the application of the law. With a normative juridical method, the author reviews the regulations in national legislation and their application to 3 (three) courts, namely the Kepahiang District Court, Subang District Court and Nabire District Court, by comparing three legal theories, which are the rule of law theory, the theory of legal certainty and the theory of positivism. So that in the end, through the analysis, it can be found that the article contained in the general summons has a vague norm or lack of clarity regarding legal norms; while the rules regarding general summons are still unclear, it can be said that regarding general summons there is a legal vacuum in the rules regarding the explanation. Predictably, the condition of the vague norms and legal vacuum in the law can be abused by the law enforcers dealing with implementing general summons. For example, the misuse of legal conditions and actions contrary to temporary norms in justice-seeking communities can have social consequences where the rights of the parties seeking justice are not fulfilled. Keywords: General Summons, Defendant, Legal Consequences
Tanggung Jawab Notaris Terhadap Keberadaan Klausula Eksonerasi Dalam Perjanjian Kredit Pemilikan Rumah Ilham Yulian; Widiya N. Rosari; Ganefi Ganefi
Jurnal Multidisiplin Dehasen (MUDE) Vol 5 No 2 (2026): April
Publisher : LPPJPHKI Universitas Dehasen Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/mude.v5i2.10457

Abstract

Mortgage Loan Agreements in Indonesian banking practice are generally drafted in the form of standard contracts containing exoneration clauses, which limit or transfer the bank’s legal liability to debtors as consumers. Such clauses may create an imbalance in the legal position of the parties and potentially harm the rights of debtors. In this context, notaries, as public officials authorized to draw up authentic deeds, play an important role in ensuring legal certainty and legal protection for the parties. This study aims to analyze the forms of legal protection available to debtors as bank customers against harmful exoneration clauses in mortgage loan agreements and to examine the responsibility of notaries in drafting credit agreements that contain exoneration clauses. This research employs a normative legal research method using statutory and case approaches. The results of the study indicate that legal protection for debtors against exoneration clauses can be provided through preventive and repressive measures as regulated under Article 18 of Law Number 8 of 1999 concerning Consumer Protection. Furthermore, notaries bear legal responsibility in the preparation of mortgage loan deeds to act honestly, carefully, independently, and impartially in accordance with the Notary Law. Notaries should refuse, explain, or correct exoneration clauses that conflict with prevailing laws in order to ensure fairness, balance, and legal certainty for all parties.
Komitmen Perseroan Terbatas Terhadap Pencantuman Klausula Tanggung Jawab Sosial Dan Lingkungan Dalam Akta Pendirian Perseroan Terbatas Di Kota Bengkulu Elsa Romana Widyarni; Edra Satmaidi; Widiya N. Rosari
Jurnal Multidisiplin Dehasen (MUDE) Vol 5 No 2 (2026): April
Publisher : LPPJPHKI Universitas Dehasen Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/mude.v5i2.10478

Abstract

This study aims to analyze the commitment of Limited Liability Company (PT) founders in Bengkulu City regarding the inclusion of Social and Environmental Responsibility (TJSL/CSR) clauses in the Deed of Establishment, and to analyze the legal implications for companies that fail to fulfill this obligation. The background of this research is based on the phenomenon of numerous companies in Bengkulu with "Red PROPER" status and problematic Mining Business Licenses (IUP), indicating low compliance with the mandate of Article 74 of Law Number 40 of 2007 concerning Limited Liability Companies. The research method used is empirical juridical with a legal sociology approach. Data were obtained through field research involving interviews with Notaries and Directors/Founders of PTs in Bengkulu City, supported by secondary data from literature studies. Sample determination was carried out using purposive sampling, focusing on companies in the mining and plantation sectors. The results showed that the commitment of PT founders in Bengkulu City regarding the inclusion of TJSL clauses is very low. From all the Deed of Establishment samples examined, no specific inclusion of TJSL clauses was found. This is because the founders view the Deed of Establishment merely as an administrative formality to obtain business licensing (Online Single Submission), and there is a perception that TJSL is a cost burden that reduces profits. The role of Notaries in this matter tends to be passive, merely recording the will of the parties. The legal implications for companies that do not implement TJSL include administrative sanctions ranging from warnings to revocation of business licenses; however, implementation remains ineffective ("paper tiger") due to law enforcers' hesitation regarding economic impacts. Furthermore, there is a potential for civil liability in the form of Tort (Unlawful Act) lawsuits if such negligence causes harm to the community.
Co-Authors Candra Irawan Edra Satmaidi Elsa Romana Widyarni Erni Sisna Wati Ganefi Ilham Yulian M. Alvin Azhari Rizki Febrianti Siti Aisyah Slamet Muljono Tito Sofyan