Yudi Junadi
Universitas Suryakancana

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URGENSI PEMBATASAN PERIODISASI MASA JABATAN ANGGOTA LEGISLATIF DALAM PERSPEKTIF KONFIGURASI POLITIK HUKUM INDONESIA Yudi Junadi; Dedi Mulyadi; M. Rendi Aridhayandi; Christopher Surya Salim
Jurnal Hukum Mimbar Justitia Vol 7, No 2 (2021): Published 30 Desember 2021
Publisher : Universitas Suryakancana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35194/jhmj.v7i2.2043

Abstract

Regulations regarding legislative powers contained in the 1945 Constitution of the Republic of Indonesia (1945 Constitution), but the 1945 Constitution does not clearly regulate the term of office of a legislative member, and there is no limit on the period of the legislative member's term of office as well as MD3 Law which does not contain the rules regarding limits on the legislative period of office. The problem that will be discussed in relation to legislative power in this research is: What is the background of the non-limitation period of the term of office of legislators in the parliamentary system in Indonesia? What factors are the basis for the need to limit the periodization of legislative member positions in the parliamentary system in Indonesia? What is the impact of the absence of periodic restrictions on legislative members' positions in the perspective of the legal political configuration in Indonesia? The problem approach that will be used in this study is the normative juridical approach in this study. In addition, the author studies the rule of law by examining the laws, regulations and legal concepts related to this research. Based on the results of the study it can be seen that in general that, there are no regulations governing the limitation of the periodization of the term of office of legislative members in Indonesia. The State of Indonesia is a state of law, so the government must legislate these problems to prevent abuse of power.Keywords: Legislature, Political Configuration, Periodization of Terms of Office.
PENERAPAN PRINSIP BUSINESS JUDGEMENT RULE DALAM PUTUSAN LEPAS TERKAIT TINDAK PIDANA KORUPSI DIREKTUR KORPORASI Kuswandi Kuswandi; Yudi Junadi; Aulia Putri
Jurnal Hukum Mimbar Justitia Vol 8, No 2 (2022): Published 30 Desember 2022
Publisher : Universitas Suryakancana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35194/jhmj.v8i2.3083

Abstract

The Business Judgment Rule is a doctrine that protects directors. Often this doctrine is also one of the reasons and protections for directors who do not want to be held criminally responsible. From this background, there are several problem points as follows: (1) How is the principle setting of the Business Judgment Rule in the Indonesian Criminal Justice System? (2) How is the application of the principle of Business Judgment Rule in the accountability of a director who commits a criminal act of corruption? (3) What is the judge's consideration in applying the principle of the Business Judgment Rule in the case of the Corruption Crime in the decision of Case Number 121 K/Pid.Sus/2020?. The approach method that the author uses is normative juridical law research. The results of the discussion, the regulation of BJR is contained in Article 97 paragraph (5) of Law no. 40 of 2007 concerning Limited Liability Companies. Analysis of Judges' Consideration of the Supreme Court on Decision No. 121 K/Pid.Sus/2020, the author agrees that the defendant Karen Agustiawan is free from all lawsuits. The author recommends to PT. Pertamina to file an arbitration claim for compensation through BANI/SIAC to ROC.Ltd Australia.Keywords : Business Judgment Rule, Corruption Crime, Decision.
STATUS AGAMA DALAM KEHIDUPAN PUBLIK PERSPEKTIF HAM INTERNASIONAL Yudi Junadi
Jurnal Hukum Mimbar Justitia Vol 6, No 2 (2020): Published 30 Desember 2020
Publisher : Universitas Suryakancana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35194/jhmj.v6i2.1361

Abstract

Along with the rise of religious claims as one of the solid foundations for the grounding of Human Rights (HAM), the problems confronting humanity in relation to the presence of religion, in the contemporary era tend to escalate. The current wave of globalization has not only marginalized but rather provided an opportunity for the birth of various religious transnational movements that had not been predicted before. The conception of the modern state adopted by the West which was later referred to as a model for the construction of the state in various other parts of the world, was founded on the basis of secular values that transcended traditional solidarity, among which were national equality. Apart from the black stain that has been inscribed in history, especially in the field of freedom of thought, religion at this time can be said to have a positive contribution as a source of aspiration for the parties that are suppressed. Keywords : Globalization, Freedom of Religion, International Law, Human Rights.