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All Journal Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora Jurnal Multidisiplin Indonesia
Subianta Mandala
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Religion Agriculture, Biological Sciences & Forestry Arts Humanities Computer Science & IT Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Legitimation of the Authority of Legal Actions of the Corruption Eradication Commission (KPK) Against Criminal Acts of Corruption Nana Lukmana; Subianta Mandala
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 5, No 3 (2022): Budapest International Research and Critics Institute August
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v5i3.6753

Abstract

The crime of corruption has become a very complicated and complicated problem related to many problems that are interconnected with each other, including the relationship with the impact on the administration of the state. For this reason, the activity of eradicating corruption, as a form of reform in eradicating corruption in Indonesia based on Law Number 30 of 2002 concerning the Corruption Eradication Commission (KPK), is given to the Corruption Eradication Commission (KPK). The problems are: What is the authority of the Corruption Eradication Commission (KPK) in taking legal action against perpetrators of criminal acts of corruption? The research method in this research framework uses a normative or doctrinal legal research approach or legal research. It means that the object of study in this research focuses on discussing the legitimacy of the legal action authority of the Corruption Eradication Commission (KPK) against perpetrators of corruption. This research is descriptive analytical and in the form of a descriptive study. The data sources used are secondary data sources and primary data sources. Data collection is done through literature study. Data analysis in this study was carried out qualitatively. The results of the research and discussion of this problem in essence, that philosophically the legal remedy strategy as a form of reform in eradicating corruption in Indonesia, that the Corruption Eradication Commission (KPK), is an alternative to a law enforcement institution considering that existing institutions are not considered effective enough in take legal action and efforts in eradicating corruption. The authority of the Corruption Eradication Commission (KPK) in taking legal action against perpetrators of criminal acts of corruption, is given several privileges, among others; take over a case of criminal acts of corruption committed by police investigators and prosecutors investigators because they are considered sluggish, supervise the police and prosecutors' institutions that carry out legal actions and remedies related to corruption crimes, and the Corruption Eradication Commission may not issue a Letter of Termination of Case Investigation (SP3) related corruption crimes are handled
The Impact of Unclear Limits on Press Freedom on Legal Uncertainty and Efforts to Strengthen Regulations to Realize Professional and Accountable Journalism Sofhuan Yusfiansyah; Subianta Mandala
Jurnal Multidisiplin Indonesia Vol. 3 No. 2 (2025): Juni : Jurnal Multidisiplin Indonesia
Publisher : PT. ALHAFI BERKAH INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62007/joumi.v3i2.529

Abstract

This study focuses on the importance of regulating restrictions on press freedom in the dissemination of information in Indonesia to analyze the related legal aspects and identify the impacts that arise due to the unclear regulation. Based on a normative legal study with a statute approach, the main findings obtained indicate that until now, Law Number 40 of 1999 concerning the Press has not specifically regulated the limitations of press freedom, which leads to the potential for abuse of this freedom, such as the spread of hoaxes, slander, or inaccurate information that can harm various parties, both individuals, groups, and the state. It risks weakening the quality of journalism because the media tends to prioritize sensation over accuracy and truth. Therefore, this study emphasizes the urgency of revising and improving existing regulations so that press freedom remains a pillar of democracy, but within clear limits and by legal principles and journalistic ethics, to prevent potential abuse that can damage reputation and social stability.
Bankruptcy as a Corporate Restructuring Mechanism and Its Implications for Corporate Governance and Stakeholder Protection Hendro Widodo; Subianta Mandala
Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 4 No. 2 (2026): Juni: Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mandub.v4i2.3044

Abstract

Bankruptcy can no longer be understood solely as a mechanism for liquidating assets to meet debtor obligations, but has evolved into a restructuring instrument that directly impacts corporate governance and stakeholder protection. This study aims to analyze how bankruptcy functions as a corporate restructuring mechanism, how this process influences the redistribution of power in corporate governance, and the extent to which the bankruptcy legal system provides balanced protection for various stakeholders. The research method used is normative legal research with a statutory, conceptual, and limited comparative approach. The analysis is conducted on the provisions of Law Number 37 of 2004 concerning Bankruptcy and PKPU (Investment Suspension) and regulations related to corporate governance, combined with theoretical studies on fiduciary duty, stakeholder theory, and the corporate rescue paradigm. The results illustrate that bankruptcy functions as a governance restructuring mechanism that transfers control from the board of directors to the curator and creditor forum, thereby creating a redistribution of power within the company. The dominant creditor primacy orientation has the potential to create an imbalance in protection for non-creditor stakeholders, including workers and other economically impacted parties. These conditions indicate the need for normative reconstruction, including redefining fiduciary obligations during the insolvency phase, strengthening stakeholder protection, and harmonizing corporate governance principles with the insolvency law regime. This research is expected to contribute academically to the development of a bankruptcy model that is not solely focused on debt resolution but also considers aspects of business sustainability and substantive justice in modern corporate governance.
Co-Authors Hendro Widodo Nana Lukmana Sofhuan Yusfiansyah