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Journal : Collegium Studiosum Journal

INTEGRASI KEPATUHAN HUKUM DAN MITIGASI RISIKO BAGI KORPORASI: PERAN AUDITOR HUKUM DALAM MEMBERIKAN PERLINDUNGAN HUKUM SEHUBUNGAN DENGAN PHK PADA PERUSAHAAN PAILIT Wulandari, Mona; Apriyanto, Hendra
Collegium Studiosum Journal Vol. 8 No. 2 (2025): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v8i2.2057

Abstract

The role of legal auditors in providing legal protection in connection with the termination of employment (PHK) of workers in bankrupt companies focuses on ensuring compliance with labor laws and regulations, identifying workers' normative rights, and ensuring that these rights are prioritized in the bankruptcy process. The type of research used in this study is normative juridical. The inconsistency of provisions regarding termination notification between the Bankruptcy Law and the Manpower Law causes uncertainty for workers in preparing themselves for the impact of termination of employment, and makes it difficult for curators to carry out their duties effectively. The results of interviews revealed that the unclear notification rules and priority of payment of workers' rights often give rise to practical obstacles and disputes in the bankruptcy process. Practices in countries such as Germany, France, and Japan show that flexible but sufficient notice periods, court supervision, and social security funds for workers laid off due to bankruptcy are important steps to improve worker protection. Companies that are run in accordance with applicable regulations will increase their value. A company's image in the eyes of the public and potential investors. The primary purpose of a legal audit is risk mitigation. Audit results can be used by business actors or investors before making investments or conducting business. Business actors can mitigate risks in investments. In other words, business actors can request legal audit results when making investments or conducting business. This way, business actors can determine whether the party they intend to collaborate with has implemented legal compliance or is in fact non-compliant.
PERLINDUNGAN HUKUM TERHADAP KRIMINALISASI BAGI PROFESI KURATOR DAN PENGURUS BERDASARKAN UNDANG-UNDANG NOMOR 37 TAHUN 2004 TENTANG KEPAILITAN DAN PKPU Apriyanto, Hendra; Wulandari, Mona
Collegium Studiosum Journal Vol. 8 No. 2 (2025): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v8i2.2063

Abstract

A curator who has many duties and authorities in carrying out his duties during the bankruptcy process will certainly encounter many problems or obstacles that must be overcome, however, even though the duties and authorities granted by the Law are quite broad, in practice, not a few curators and administrators experience obstacles in carrying out their duties and authorities. Almost recently it was also known that the curator had been sued in court by the bankrupt debtor where the bankrupt debtor thought what the curator had done was wrong and was considered to have stolen or embezzled the bankrupt debtor's assets, in this case what often happens is that there is no protection for the curator in carrying out his duties. The type of research used in this writing is normative legal research. With the existence of reports that seem forced and also fabricated, until now it can still be accepted by the police so that it seems as if the curator is a suspect who committed embezzlement because he made a sale without the agreement of the debtor, even though this is a series of stages in bankruptcy. So in this case it is known that this criminalization may actually be due to a lack of understanding by law enforcement in carrying out their duties. Therefore, legal protection for curators in carrying out their duties is necessary to prevent further criminalization of curators and administrators in Indonesia. The Curator and Administrator Profession Law will establish competency standards, national licenses, codes of ethics, and independent oversight mechanisms. This law should also provide limited immunity for curators and administrators who have worked according to procedures and in good faith. This protection is crucial so they can make swift decisions without the fear of criminalization.