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Sri Bakti Yunari, Sri Bakti
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Journal : Amicus Curiae

 1 
PERBANDINGAN PENGATURAN DAN PENERAPAN MENGENAI TANGGUNG JAWAB SOSIAL DAN LINGKUNGAN DI INDONESIA DAN DI INGGRIS: Comparison of Regulations and Implementation of Social and Environmental Responsibility in Indonesia and in the UK Sudharmawan, M Naufal; Yunari, Sri Bakti
AMICUS CURIAE Vol. 1 No. 3 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/d0y6c642

Abstract

Corporate Social Responsibility (CSR) refers to the efforts of companies to assume social andenvironmental responsibility in their operations. CSR has been widely regulated and applied in variouscountries, including Indonesia and the UK. In Indonesia, Corporate Social and EnvironmentalResponsibility (CSER) is governed by a number of regulations, and PT Bank Central Asia Tbk (BCA) is acompany in Indonesia that has implemented various CSER initiatives in accordance with these regulations.In the UK, CSR is regulated under corporate law, and HSBC UK Bank plc (HSBC) is a company in theUK that has implemented various CSR initiatives in accordance with the regulation. The formulation ofthe problem in this study are: 1) What are the similarities and differences between CSER in Indonesia andCSR in the UK? 2) How is BCA's CSER in Indonesia and HSBC's CSR in the UK implements theregulation? This study used a normative legal research approach using secondary data. This research isdescriptive and conclusions are drawn through deductive reasoning. Based on the results of the research obtained, it can be concluded that Indonesia and the UK have several similarities and differences in legalarrangements and the application of CSER and CSR, respectively.
PERBANDINGAN PENGATURAN MENGENAI DOKTRI BUSINESS JUDGEMENT RULE DI NEGARA INDONESIA DAN AUSTRALIA: Comparison Of Business Judgement Rule Doctrine Regulation in Indonesia and Australia Maulina, Arabella Kezia Putri; Yunari, Sri Bakti
AMICUS CURIAE Vol. 1 No. 3 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/042bgd75

Abstract

The Business Judgment Rule Doctrine is a doctrine that is widely applied in common law countries, suchas in Australia which adopted the Business Judgment Rule Doctrine into its positive law since theCorporate Law Economic Reform Program (Corporate Law Economic Reform Program) in 1998.Indonesia itself who are Civil law also apply the Business Judgment Rule Doctrine which is in theDefault case committed by PT Ciremai Prima Mandiri in Decision Number 156/Pdt.G/2013/PN.Jkt.Tim.Based on this, the issues raised are how are the similarities and differences regarding the BusinessJudgment Rule Doctrine between Indonesia and Australia, and how is the Application of the BusinessJudgment Rule Doctrine between Indonesia and Australia between the Default case by PT CiremaiPrima Mandiri in Decision Number 156/ Pdt.G/2013/PN.Jkt.Tim with Mariner Corporations Ltd case.The research was conducted normatively, using secondary data. The results of this study indicatesimilarities in the concepts and objectives of the Business Judgment Rule Doctrine and differences in theelements of the Business Judgment Rule Doctrine between the two countries, as well as showing the form of application of the Business Judgment Rule Doctrine in the default case by PT Ciremai Prima Mandiriin Decision Number 156/Pdt .G/2013/PN.Jkt.Team with Mariner Corporations Ltd case
ANALISIS YURIDIS TERHADAP UTANG HARTA PAILIT BERUPA UPAH KARYAWAN YANG TERUTANG DALAM KEPAILITAN: Jurisdictional Analysis off The Debt of Pailittees in The Cost of Employee Wages Obligated in Bankness Ramadhani, Dwina Khansha Aura; Yunari, Sri Bakti
AMICUS CURIAE Vol. 1 No. 4 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/st4pje94

Abstract

A debtor who is experiencing financial difficulties and cannot pay their loans or arrears is declared bankrupt by the Commercial Court. In the case of workers 'status bankruptcy, it is necessary to pay attention to whether the termination of the employment relationship can be carried out one-sidedly and whether the workers' wages, severance pay, and length of service compensation should all be taken into account and the cost of compensation rights due to the many discrepancies in the provisions of the bankruptcy law, PKPU, and labor law. The main question is how PT KIA Indonesia Motor is responsible for its employees to coincide with law No.  37 of 2004 on Insolvency and deferral of loan or delinquent payments, and how employees who are insolvent by the Act are legally protected. Normative legal research with secondary data is this type of research supported by preliminary evidence. Research is descriptive and reaches conclusions through deductive reasoning. The results showed that the separatist creditors are below the preferred creditors in the position of wage workers.
PENERAPAN TANGGUNG JAWAB SOSIAL DAN LINGKUNGAN BUMN PADA PT JASA MARGA PERSERO TBK: Implementation of Social and Environmental Responsibility of BUMN at PT Jasa Marga Persero Tbk Ananda, Salsabila Putri; Yunari, Sri Bakti
AMICUS CURIAE Vol. 1 No. 4 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/vp92rh96

Abstract

BUMN (State-owned enterprises) are obligated to implement social and environmental responsibilities (TJSL BUMN), including PT. Jasa Marga Persero Tbk. Where PT. Jasa Marga Persero Tbk's TJSL prioritizes education, environment, and SMEs. How is the implementation of Social and Environmental Responsibility of State-Owned Enterprise PT Jasa Marga and What are the obstacles in the implementation of Social and Environmental Responsibility at PT Jasa Marga? The research method used is normative legal type, utilizing secondary data and analyzed qualitatively to draw deductive conclusions Based on the analysis of the implementation of TJSL BUMN at PT. Jasa Marga Persero Tbk has been running effectively but not yet optimal because there are several problems related to TJSL BUMN for SME development programs and social services. The obstacles faced include external and internal obstacles.
ANALISIS YURIDIS PELAKSANAAN PROGRAM KEMITRAAN DAN PROGRAM PENDANAAN USAHA MIKRO DAN USAHA KECIL (STUDI Pada: PT TELEKOMUNIKASI INDONESIA (PERSERO) Tbk.): Legal Analysis of the Implementation of Partnership Programs and Funding Programs for Micro and Small Enterprises (Study on: PT Telekomunikasi Indonesia (Persero) Tbk.) Suffi, Sabrina Nindya; Yunari, Sri Bakti
AMICUS CURIAE Vol. 2 No. 1 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/xabbjn23

Abstract

The CSR of State-Owned Enterprises (SOEs) stems from the concept of social responsibility, where social aspects can take the form of Partnership Programs and Micro and Small Business Funding Programs. This includes PT Telekomunikasi Indonesia (Persero) Tbk. Referring to the Regulation of the Minister of SOEs Number PER-02/MBU/7/2017 for the Partnership Program in conjunction with the Regulation of the Minister of SOEs Number 05/MBU/04/2021, both programs represent the CSR pattern of SOEs in contributing to the economic sector, particularly towards community businesses that are still classified as micro and small businesses to increase income. The aim of these partnership and funding programs is to nurture micro and small businesses into more independent and resilient businesses to ensure their sustainability and growth. In practice, of course, the implementation of these two programs encounters several challenges. Using a normative juridical research type, this research is descriptive in nature, based on secondary data consisting of primary, secondary, and tertiary legal materials, and is analyzed qualitatively with deductive conclusions. Based on the analysis results, the implementation of the Partnership Program and the Micro and Small Business Funding Program by PT Telekomunikasi Indonesia (Persero) Tbk has been appropriate, but the distribution of partnerships and fund disbursement is not yet evenly spread and is still concentrated in certain sectors and regions.
ANALISIS YURIDIS PELAKSANAAN TJSL PERSEROAN DALAM BENTUK PEMBERDAYAAN MASYARAKAT DI BIDANG SOSIAL DAN LINGKUNGAN (STUDI PADA P.T KPC): Juridical Analysis Of The Implementation Of Corporate Social Responsibility (CSR) In The Form Of Community Empowerment. (Study at PT KPC) Putra, Ghayana Aditya; Yunari, Sri Bakti
AMICUS CURIAE Vol. 2 No. 1 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/r1ta9h63

Abstract

Corporate Social and Environmental Responsibility (TJSL) is an obligation that must be carried out by companies by paying attention to decency and fairness as stated in Law Number 40 of 2007 concerning Limited Liability Companies (UUPT) and PP No. 47 of 2012 concerning Social and Environmental Responsibility of Limited Liability Companies (PP TJSL-PT). This obligation also applies to PT Kaltim Prima Coal (PT KPC), which in its implementation takes the form of a community empowerment program in the social and environmental fields. Based on this, how is PT KPC's TJSL program funding compatible with East Kalimantan Regional Regulation Number 3 of 2013, and secondly regarding the integral part of the company's obligations in order to contribute to sustainable economic development and improving quality in the social and/or environmental fields. By using a normative legal research type, which is descriptive in nature using secondary data which is supported by primary data and then analyzed qualitatively to reach deductive conclusions. Based on the results of the analysis of the implementation of the Company's TJSL by PT KPC, there is a discrepancy in implementation based on East Kalimantan Regional Regulation Number 3 of 2013 and the forms of programs implemented are an integral part of the company's obligations to contribute to sustainable economic development and improving the quality of life in the social and environmental fields.
PENGATURAN TANGGUNG JAWAB SOSIAL DAN LINGKUNGAN BADAN USAHA MILIK NEGARA (TJSL BUMN) PADA PT TIMAH TBK: Regulation of Social and Environmental Responsibility of State-Owned Enterprises (TJSL BUMN) in PT Timah Tbk Keisyha Amanda Putri; Yunari, Sri Bakti
AMICUS CURIAE Vol. 2 No. 2 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i2.22002

Abstract

Social and Environmental Responsibility (TJSL) in SOEs (BUMN) in Indonesia is a requirement as intended in Paragraph (1) Article 88 of Law Number 19 of 2003 concerning State-Owned Enterprises. This is no exception for PT Timah Tbk which has a business in the unitary segment of tin mining activities starting from exploration of mining areas, and mining activities to processing and marketing of Tin products. The rules regarding TJSL BUMN experience dynamic changes from time to time as evidenced by the Decree of the Minister of Finance No. 1232/KK.013/1989 to the newest regulation, namely Ministry of BUMN Regulation Number PER-1 /MBU/03/2023. Through normative-descriptive research methods, the author analyzes the TJSL regulations of BUMN which are further regulated through internal company regulations, especially by PT Timah Tbk. Through this research, it can be concluded that PT Timah Tbk has internal regulations regarding BUMN TJSL based on applicable regulations. However, there are still several obstacles to implementing them, such as existing company regulations which are still based on BUMN Ministerial Regulation Number PER-6 /MBU/09/2022 The recommendation given is that PT Timah Tbk company regulations need to be formed in implementing TJSL based on new regulations, namely BUMN Ministerial Regulation Number PER-1 /MBU/03/2023.
Co-Authors Ananda, Salsabila Putri Ariscky, Taufan Andre Atik Winanti Ekaratri, Azkia Syafina Fakhira, Jihan Noor Keisyha Amanda Putri Kosmanto, Yashinta Maulina, Arabella Kezia Putri Nurannisa, Gisca Putra, Ghayana Aditya Ramadhani, Dwina Khansha Aura Sudharmawan, M Naufal Suffi, Sabrina Nindya Wijihastuti, Sri