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All Journal Edunity: Kajian Ilmu Sosial dan Pendidikan
Benny Djaja
Universitas Tarumanagara, Jakarta
Humanities Computer Science & IT Economics, Econometrics & Finance Languange, Linguistic, Communication & Media Social Sciences

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Juridical Analysis of Interlocking Directorate in the Perspective of Fiduciary Duty Theory Selly Marlianti; Benny Djaja
Edunity Kajian Ilmu Sosial dan Pendidikan Vol. 2 No. 9 (2023): Edunity : Social and Educational Studies
Publisher : PT Publikasiku Academic Solution

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57096/edunity.v2i9.132

Abstract

This article discusses the issue of concurrent positions of directors in a company has resurfaced in Indonesia, causing problems lately. The practice of holding multiple positions presents a potential avenue for individuals to exploit their authority for personal gain, as well as for the benefit of affiliated parties. The potential for conflicts of interest, including corruption, collusion, and nepotism, even exists in concurrent positions. The research method used is normative because what is studied is the legality of the interlocking directorate of directors and board of commissioners in the Company as seen from its regulations in the Law and other related regulations. This study focused on examining the legality of the interlocking directorate of directors and board of commissioners in PT. The result is that concurrent positions are not explicitly prohibited by the Limited Liability Company Law, but it is very important for the Board of Directors and the Board of Commissioners to have a ban on concurrent positions in the Company Regulations, Articles of Association, and Code of Ethics and Business Conduct. Code adherence ensures all stakeholders comply with company policies. Law Number 5 of 1999, especially Article 26, prohibits concurrent positions if the companies in which the directors serve are not in the same relevant market, have a close relationship, or jointly control the market share of certain goods and services, which has the potential to result in a monopoly. Unfair business practices and competition
Polemic of Artificial Intelligence (AI) Technology on the Development of Human Resources, Especially in Legal Practitioners Jennyola Savira; Benny Djaja; Maman Sudirman
Edunity Kajian Ilmu Sosial dan Pendidikan Vol. 2 No. 10 (2023): Edunity : Social and Educational Studies
Publisher : PT Publikasiku Academic Solution

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57096/edunity.v2i10.162

Abstract

This concern arises because of a new technology that has become a phenomenon known as artificial intelligence machines or Artificial Intelligence (AI) which can be used in various activities, one of which is in the field of law because it can perform artificial intelligence like humans such as thinking, learning, and also self-development. This makes the role of the legal profession in providing legal services questionable. This study aims to determine the results of analysis of Artificial Intelligence (AI) machines that can potentially or not replace the role of legal practitioners and legal responsibility in the use of AI. The writing of this article uses normative research and uses conceptual and legislative approaches. Based on the results of the analysis conducted currently there is no special regulation that expressly regulates AI according to Indonesian law, AI itself is only a machine used in facilitating the work of legal practitioners and AI responsibility is imposed on the creator or user of AI because it is not a legal subject who can carry out legal actions consciously according to applicable provisions in Indonesia
Co-Authors Jennyola Savira Maman Sudirman Selly Marlianti