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All Journal GANEC SWARA Ganec Swara
AWALUDIN AWALUDIN
Universitas 45 Mataram
Agriculture, Biological Sciences & Forestry Education Engineering Law, Crime, Criminology & Criminal Justice Social Sciences

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PERTANGGUNGJAWABAN PIDANA DALAM PENGALIHAN SAHAM TANPA MELALUI RAPAT UMUM PEMEGANG SAHAM DALAM PRESFEKTIF UNDANG-UNDANG PERSEROAN TERBATAS DAN KUHP INDONESIA MIRZA AMELIA; IDRIS SARDI; AWALUDIN AWALUDIN
GANEC SWARA Vol 18, No 4 (2024): Desember 2024
Publisher : Universitas Mahasaraswati K. Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35327/gara.v18i4.1201

Abstract

Share transfer is an activity that is legalized by the government trough legislation, in addition to being regulated in Law No 40 of 2007 concerning Limited Liability Companies, it is also regulated in the Indonesia Civil Code Article 1457 of civil Code. The Legal Issues raised in this study are related to how criminal Liability is in the transfer of shares without going through a GMS as viewed from the perspective of Law No 40 of 2007 concerning Limited Liability Companies and Law No 1 of 1946 Concerning The Criminal Code and Subsequent issues related to what are the obstacles when Criminal acts and Criminal Liability in the transfer of shares that do not go through a GMS are reviewed from Law No 40 of 2007 Concerning Limited Liability Companies and Law No 1 of 1946 Concerning The Criminal Code That whwn There is a Criminal case related to the transfer of shares, how is the criminal Liability and what are the obstcles in handing it? That criminal Liability for the transfer of share has not been regulated regarding sanctions, botg administrative and criminal sanctions because they still refer to the Criminal Code and this is and obstacle in the Criminal process if it occurs in a limited liability Company, criminal liability in alimited liability company is in article 1 of Law No 1 of 2023 concerning the Criminal Code. In this study, the method used is the normative legal method with several approaches, namely the statute approach and the analytical approach and secondary legal material.
PERLINDUNGAN HUKUM WISATAWAN DALAM PENGEMBANGAN WISATA HALAL DI NUSA TENGGARA BARAT: Legal Protection of Tourists in the Development of Halal Tourism in West Nusa Tenggara Novita Listyaningrum; Rinda Philona; Sis Nanda Kus Andrianto; Awaludin Awaludin
Ganec Swara Vol. 19 No. 2 (2025): Juni 2025
Publisher : Yayasan Al-Amin Qalbu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59896/gara.v19i2.286

Abstract

Halal tourism is growing along with the increasing need of Muslim tourists for destinations that comply with Syariah values. This study explores the legal protection of tourists in the development of halal tourism in West Nusa Tenggara (NTB) based on Regional Regulation Number 2 of 2016. Using the normative method, secondary data in regulations and related literature are analyzed to assess the implementation of tourist protection. The study results indicate that NTB has great potential as a halal destination, but implementing legal protection for the comfort and safety of tourists still needs strengthening. In conclusion, the development of halal tourism must be accompanied by clearer regulations and effective supervision to guarantee the rights of tourists, especially comfort and safety. Collaboration between the government, business actors, and the community is needed so that halal tourism can grow sustainably while increasing the competitiveness of NTB as a leading destination.
The Shadow Cabinet as a Democratic Sparring Partner in Indonesia: Kabinet Bayangan sebagai Mitra Tanding Demokrasi di Indonesia Awaludin Awaludin; Ria Sukandi; Agus Dedi Putrawan
Ganec Swara Vol. 20 No. 3 (2026): September 2026
Publisher : Yayasan Al-Amin Qalbu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59896/gara.v20i3.783

Abstract

This article examines the theoretical and empirical foundations of the shadow cabinet institution as a democratic accountability mechanism in the Indonesian political system. While shadow cabinets have functioned effectively in Westminster democracies as formal opposition institutions, their development in Indonesia remains fragmented due to structural factors including party cartelization, weak institutionalization of opposition roles, and electoral system dynamics that incentivize coalition-building over adversarial parliamentary opposition. Through systematic literature review and documentary analysis, this study argues that shadow cabinets offer Indonesia a viable institutional framework to strengthen horizontal accountability, formalize opposition functions in multiparty presidential systems, and enhance democratic resilience against executive dominance. The research identifies three critical gaps in Indonesian democratic practice: (1) the absence of formal opposition recognition in constitutional law; (2) weak differentiation between government and opposition parties; and (3) fragmented mechanisms for systematic scrutiny of executive performance. We propose that formalized shadow cabinet institutions could serve as a 'democratic sparring partner' to strengthen legislative oversight, institutionalize government accountability, and contribute to democratic deepening in the world's largest emerging Muslim democracy. The article concludes with actionable recommendations for constitutional reform and electoral system modifications to facilitate shadow cabinet institutionalization while accounting for Indonesia's specific institutional context
Co-Authors Agus Dedi Putrawan Idris Sardi MIRZA AMELIA Novita Listyaningrum, Novita Ria Sukandi Rinda Philona Sis Nanda Kus Andrianto