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Positioning Of Legal Philosophy To Maintain The Dignity Of Law Enforcement Boy Nurdin; Juristo Juristo; Wahyu Widodo; Apriaji Setyawan; Ubaidilah Ishaq; Satria Dwi Rahardja; Anwar Sunarjo
Edunity: Social and Educational Studies Vol. 3 No. 8 (2024): Edunity : Social and Educational Studies
Publisher : PT Publikasiku Academic Solution

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57096/edunity.v3i8.302

Abstract

The enforcement of law is an integral aspect of the legal system's functioning, and it is often criticized with phrases like "no viral, no justice" or "law is sharp downwards, blunt upwards." In this context, how does the philosophy of law play a role in upholding the integrity of law enforcement, and how can a legal enforcement system be grounded in the rationality of legal philosophy. This type of research is normative with a conceptual approach based on secondary data. Secondary data is obtained through literature review and then analyzed qualitatively. Based on the analysis, it is found that the role of legal philosophy in maintaining the integrity of law enforcement involves guiding law enforcers to work effectively, respect, follow, and consistently apply rules to create balanced relationships by providing rights to everyone through fair and proportional procedures. A legal enforcement system based on the rationality of legal philosophy would involve:  Methodical Enforcement: Law enforcement. is conducted in a structured and systematic manner. Systematic Enforcement: Law enforcement follows a structured process. Coherent Enforcement: Law enforcement is logically consistent. Rational Enforcement: Law enforcement is based on reason rather than emotion. Comprehensive Enforcement: Law enforcement addresses all relevant aspects comprehensively. Radical Enforcement: Law enforcement applies thoroughly and decisively. Universal Enforcement: Law enforcement is applied universally, ensuring that it is fair and equal for all. This research confirms that a strong and integrated legal philosophy position in the law enforcement system is the key to maintaining and enhancing the dignity of the law itself. This requires commitment from all legal stakeholders to continue to apply and develop the principles of legal philosophy in every aspect of law enforcement.
The Role of the Board of Directors in the Bankruptcy Process of Individual Companies: Analysis of Positivism with an Artificial Intelligence Approach Wahyu Widodo; Zainal Arifin Hoesein
Journal Research of Social Science, Economics, and Management Vol. 4 No. 4 (2024): Journal Research of Social Science, Economics, and Management
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jrssem.v4i4.745

Abstract

The Job Creation Law and Government Regulation No. 8 of 2021 introduces an individual company owned by one individual. This can confuse personal and corporate interests and obscure responsibilities between directors and shareholders and is vulnerable the risk of bankruptcy. Analyzing the role of directors in the bankruptcy process through legal positivism is important to understand legal responsibilities and protections. Additionally, advances in artificial intelligence (AI) can improve decision-making efficiency and accuracy. The purpose of this study is to identify and analyze the role of directors in the bankruptcy process individual companies through the lens of positivism, as well as to explore the integration of artificial intelligence in improving board decision-making. The research method used is normative juridical, using a legislative approach and an analytical approach. The results of the study show that the board of directors has an important role in managing the bankruptcy process, especially in data-driven decision-making. In the event of bankruptcy, the board of directors faces certain legal consequences in accordance with Articles 16, 69 paragraphs (1), 97, and 104 of Law No. 37 of 2004 concerning Bankruptcy, as well as Article 93 of Law No. 40 of 2007 concerning Limited Liability Companies. Artificial intelligence has been proven help directors in analyzing risks and predicting outcomes, making decisions more informative and strategic. This study concludes that the application of positivism and artificial intelligence in the analysis of the role of directors in the bankruptcy process improves the effectiveness and efficiency of decision-making, especially in complex situations.