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Application of the Business Judgment Rule Doctrine in Corporate Criminal Liability in Corruption Crimes by State-Owned Enterprises Setyowati, Sulis
JHSS (JOURNAL OF HUMANITIES AND SOCIAL STUDIES) Vol 7, No 2 (2023): JHSS (Journal of Humanities and Social Studies)
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/jhss.v7i2.8641

Abstract

The wrong perspective by some of the corporate business actors in understanding the Business Judgment Rule doctrine comprehensively is even used as a tool to merely avoid corporate criminal liability from business actors and bank and insurance executives who have committed criminal acts. This study examines two problem objects as follows: first, how is the perspective of the business judgment rule doctrine in corporate criminal liability in the form of State-Owned Enterprises and second, how is the application of the Business Judgment Rule doctrine in corporate criminal liability for corruption by business entities State Owned. This legal research is doctrinal legal research, using three approaches, namely the conceptual approach, the case approach, and the statute approach. The results of the study can be concluded that first, the provisions of Article 97 paragraph (1) of the Law Number 40 of 2007 concerning Limited Liability Company Law contain the soul and spirit of the Business Judgment Rule doctrine, where the Board of Directors cannot be blamed for their decisions as long as their decisions do not contain elements of personal interest, they are decided based on the information they provide believe, by the right circumstances and rationally and the decision is the best for the company. Second, the application of the business judgment rule doctrine in corporate criminal liability for corruption by State-Owned Enterprises by referring to the systematische specialiteit principle and the logical specialty principle by Law Number 31 of 1999 as amended and supplemented by Law Number 20 of 2001.
Reviewing the Pretrial Judge's Decision in Case Number: 04/Pid.Prap/2015/Pn.Jkt.Sel: As a Legal Discovery or Ambivalent Legal Construction Setyowati, Sulis
JHSS (JOURNAL OF HUMANITIES AND SOCIAL STUDIES) Vol 7, No 3 (2023): JHSS (Journal of Humanities and Social Studies)
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/jhss.v7i3.9329

Abstract

The decision of the Pretrial Judge who tried Case Number: 04/Pid.Prap/2015/PN.jkt.Sel became controversial because it included the determination of the suspect in the pretrial object and granted the request of the applicant, Komjen Budi Gunawan, with the main argument of making a legal discovery. The legal problem is whether the legal considerations prepared by the pre-trial judge in examining and deciding the case are correct and whether the pre-trial judge in the a quo case did not exceed the limits of authority in the law. This research is normative legal research with a case approach, statutory approach, conceptual approach and philosophical approach. The research data is in the form of secondary data and processed using qualitative descriptive analysis with deductive thinking logic. The results of the research are 1) in the pretrial lawsuit filed by Budi Gunawan, there is no normative formula that can be used by pretrial judges to assess the validity of the suspect's determination. Considering the formulation of the meaning of Article 1 number 10 jo. Article 77 jo. Article 82 paragraph (1) and paragraph (2) of the Criminal Procedure Code can be seen that whether the suspect's determination is valid or not is not a pretrial object, because it is not regulated. 2) The ambivalence of the pretrial judge's views can be seen in his considerations regarding the meaning of coercive measures as a concept or legal institution.
The Central Authority of the Republic of Indonesia’s Attorney General’s Office in Handling Forest Destruction Cases Setyowati, Sulis
Research Horizon Vol. 5 No. 4 (2025): Research Horizon - August 2025
Publisher : LifeSciFi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54518/rh.5.4.2025.742

Abstract

This study aims to analyze the implementation of the authority of the Republic of Indonesia Prosecutor's Office in handling criminal cases of forest destruction through a multidoor approach, as well as to examine the application of the principle of substantive justice in prosecution practices based on the Palembang District Court Decision. The method used is applied normative legal research with a statutory approach, a case approach, and a conceptual approach. Secondary data was obtained through documentary studies and analyzed qualitatively descriptively. The results of the study indicate that the multidoor approach is applied in law enforcement against a series of criminal acts of forest destruction because it is related to natural resources and the environment which are regulated by various regulations. Furthermore, the Cassation Decision rejected the cassation request from Ir. Basta Siahaan, so that the Executing Prosecutor can implement the Appeal Decision which confirms the Palembang District Court Decision Number 1010/Pid.B/LH/2019/PN.Plg. In the decision, the defendant was sentenced to five years in prison and a fine of Rp2,000,000,000.00 with a subsidiary provision of four months in prison. This decision has fulfilled two-thirds of the Public Prosecutor's demands and demonstrates law enforcement efforts that pay substantive attention to the dimensions of legal and environmental justice.  
Analisis Penerapan Bauran Pemasaran Syariah Terhadap Peningkatan Penjualan Bakpia Ulir Surabaya Setyowati, Sulis; Aini, Saqofa Nabilah
EKOBIS SYARIAH Vol. 9 No. 1 (2025): Islamic-Based Economic and Business Development in the Context of Community Emp
Publisher : Universitas Islam Negeri Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/ekobis.v9i1.27180

Abstract

Dalam bauran pemasaran syariah, ada beberapa batasan, yaitu produk yang dijual harus halal dan berkualitas tinggi. Penetapan harga harus didasarkan pada nilai yang wajar dan tidak boleh dinaikkan secara berlebihan. Lokasi usaha harus bebas dari sengketa, dan promosi harus dijalankan tanpa unsur penipuan.Metode penelitian yang digunakan dalam penelitian ini adalah peneltian kualitatif deskriptif. Penelitian ini berlokasikan di home industry di Gang Benteng 1 No. 31, Kelurahan Jemur Wonosari, Kecamatan Wonocolo, Surabaya. Subjek penelitian yang diteliti yaitu Bakpia Ulir Surabaya milik UD. Oca Surabaya. Sumber data yang digunakan adalah  data primer dan sekunder. Teknik pengumpulan datayakni dengan observasi dan wawancara. Analisis data kualitatif yakni dengan melakukan langkah-langkah reduksi data, penyajian data, dan penarikan kesimpulan. UD Oca Surabaya mengalami peningkatan setelah memperoleh sertifikat halal pada tahun 2021. Peningkatan tersebut terlihat dari meningkatnya kepercayaan konsumen terhadap produk dan jangkauan pemasaran yang menjadi lebih luas. Penerapan bauran pemasaran syariah yang dilakukan oleh UD. Oca Surabaya telah memberikan dampak positif terhadap peningkatan penjualan produk Bakpia Ulir Surabaya. Penerapan bauran pemasaran syariah telah memberikan manfaat bagi perusahaan dan juga bagi konsumen.
Pembuatan Media Promosi Lewat Konten Feed Instagram Untuk Menarik Minat Beli Pada Bumi Asih Travel di Trenggalek Setyowati, Sulis; Khabibah, Umi
Socius: Jurnal Penelitian Ilmu-Ilmu Sosial Vol 2, No 10 (2025): May
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.16886104

Abstract

Rapid advances in digital technology have changed the way promotions are conducted in the modern era. Bumi Asih Travel, a domestic travel agency, previously relied on WhatsApp Stories as a promotional medium, which limited its reach and effectiveness. Although they had an Instagram account, it was used for personal purposes and did not display promotional content in a professional manner. This study aims to develop an Instagram account with attractive feed content to increase purchasing interest and expand market reach. This study employs an action research approach. CorelDraw design software was used to create the Instagram feed content for Bumi Asih Travel. Data collection techniques included observation, interviews, documentation, and questionnaires. Purposive sampling was used in the design test with informants consisting of 2 design experts, 2 marketing experts, 1 Bumi Asih Travel business owner, and 10 potential customers. Data was analyzed using qualitative descriptive methods. The study results show that the promotional media through Instagram feed content created and published on the new Bumi Asih Travel account achieved an average score of 82% for attention, 83.34% for interest, 81.34% for desire, and 86.67% for action. All these results are categorized as “very good.” (≥81%). These results indicate that Instagram feed content is effective in attracting attention, generating interest, encouraging desire, and prompting purchase actions. From these results, it can be concluded that Instagram feed content is proven to be effective as a promotional medium and capable of increasing purchasing interest in Bumi Asih Travel. It is recommended that Bumi Asih Travel maintain a more active and professional presence on this platform.
Progressive Muscle Relaxation for Anxiety and Hyperglycemia in Diabetes Mellitus Type 2 Patient: A Case-Study Himmah, Faiqotul; Nistiandani, Ana; Hakam, Mulia; Setyowati, Sulis
Jurnal Kegawatdaruratan Medis Indonesia Vol. 3 No. 1: February 2024
Publisher : Al-Hijrah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58545/jkmi.v3i1.129

Abstract

Hyperglycemia is the main symptom in patients with diabetes mellitus. One of the risk factors that can increase blood sugar levels in diabetes mellitus (DM) patients is anxiety and stress, as a result of diabetes mellitus sufferers who experience anxiety, their physical condition does not improve, and their blood sugar levels are always high. Progressive muscle relaxation therapy (PMR) is a therapy that aims to focus the patient's attention so that they can differentiate the feelings that occur when the muscles are relaxed or relaxed from when they are contracting so that the patient can manage their body condition against their anxiety. This study aims to analyze the provision of progressive muscle relaxation therapy to control anxiety levels and blood sugar levels in patients with type 2 diabetes mellitus in the Gardena medical ward of Dr. Soebandi Hospital Jember. This research uses descriptive methods in the form of case studies on a patient with Type 2 DM. Therapy was given once a day for 20-30 minutes. Anxiety levels were measured using the DASS questionnaire, and blood sugar measurements were made using a blood sugar stick. After being given PMR therapy for 3 x 24 hours, the patients experienced a decrease in anxiety levels and blood sugar levels. Providing PMR therapy is effective in treating unstable blood glucose levels and anxiety for patient with Type 2 DM.
The Implementation of Guided Dhikr Therapy to Reduce Anxiety in Close Fractures Patients Khoirunisak, Naretta; Hakam, Mulia; Kushariyadi; Setyowati, Sulis
Jurnal Kegawatdaruratan Medis Indonesia Vol. 3 No. 2: August 2024
Publisher : Al-Hijrah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58545/jkmi.v3i2.152

Abstract

Patients with fracture conditions often experience complaints of excessive anxiety, where anxiety is felt due to the pain that is felt and the provision of invasive or surgical action plans. Preoperative patients will certainly feel excessive anxiety. Feelings of anxiety will cause stress and cause nursing problems, namely anxiety. Dhikr therapy is a non-pharmacological therapy and includes complementary therapy, where this therapy can reduce the level of anxiety felt by preoperative patients. The purpose of this study was to analyze the administration of dhikr therapy in patients with preoperative close fractures of the left distal radius. This research uses the case study method. This research was conducted in the Seruni room at dr. Soebandi Regional Public Hospital of Jember. Dhikr therapy is carried out for four consecutive days with a time of approximately 20 minutes. The results obtained from this study after administration of anxiety reduction combined with dhikr therapy obtained the patient's anxiety scale level from VAS-A4 to the VAS-A0 scale, visualization of anxiety complaints decreased, restless behavior decreased, and eye contact increased, respiratory rate 16 x/minute, SpO2 98%, pulse 90 x/minute, and blood pressure 130/80 mmHg. Reducing anxiety with dhikr therapy can be given to pre-surgery patients, this can improve health quality, sleep quality, and physical condition.
Toward Sustainable Refugee Protection in Indonesia: ASEAN Cooperation and the Right to Education for Rohingya Refugees Hengki, Hengki; Nurnaningsih, Nurnaningsih; Lokovettor, Agrifin Bernadeth Criemen; Setyowati, Sulis; Muhaimin, Fadhli
Uti Possidetis: Journal of International Law Vol 7 No 2 (2026): Juni
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v7i2.53960

Abstract

Background: The Rohingya refugee crisis has become a significant humanitarian issue in Southeast Asia and poses challenges for countries in the region, including Indonesia. Although Indonesia is not a signatory to the 1951 Refugee Convention, the country has often been involved in addressing the arrival of Rohingya refugees while balancing humanitarian principles with national and regional considerations. Methodology: The study uses a qualitative normative legal analysis. The research integrates data from government reports, ASEAN and United Nations documents, as well as previous academic studies to examine Indonesia’s legal and policy responses to the Rohingya refugee crisis. Objectives: The study aims to analyze Indonesia’s approach to the Rohingya refugee crisis and to understand how the country balances humanitarian commitments with national and regional challenges in responding to refugee arrivals. Findings: The finding shows that Indonesia applies the principle of non-refoulement and provides temporary shelter and access to education for Rohingya refugees. The country also cooperates with international organizations such as UNHCR and IOM through Presidential Regulation No. 125/2016 and through ASEAN-related initiatives. However, persistent challenges remain, including limited legal frameworks and coordination gaps in managing refugee issues. Originality/Novelty: The study emphasizes the importance of developing sustainable solutions through policy reform, strengthening ASEAN cooperation, and aligning national policies with international standards in order to improve refugee protection and support regional stability.