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All Journal JOURNAL OF PRIVATE AND COMMERCIAL LAW The Digest: Journal of Jurisprudence and Legisprudence
Iyer, Puneet
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Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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The Principle of Justice as a Judges' Considerations in the Concept of Third-Party Responsibility Against Cooperative Legal Action Hariyanto, Hariyanto; Sejati, Herlambang Fadlan; Iyer, Puneet
The Digest: Journal of Jurisprudence and Legisprudence Vol 4 No 1 (2023): The Digest, June 2023
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/digest.v4i1.75027

Abstract

This research critically examines and evaluates the judicial considerations in Supreme Court Decision Number 250 K/Pdt/2019, specifically focusing on the third parties' responsibility in connection with the Audi Et Alteram Partem principle, a pivotal aspect of the broader justice as fairness principle. Conducted as normative legal research, the study involves a qualitative analysis of data gathered through comprehensive library research. The qualitative data is systematically categorized and correlated to address the research questions accurately, facilitating a comprehensive understanding of the topic. The findings indicate that the Panel of Judges in Supreme Court Decision Number 250K/Pdt/2019, along with Decision Number 204/Pdt/2018/PT SMG and Decision Number 20/Pdt.G/2017/ PN Kds, effectively applied the Audi Et Alteram Partem principle, demonstrating a commitment to the overarching principle of justice as fairness. Notably, the panel made fair decisions while overlooking the conventional concepts of cooperatives and the responsibilities of the board of directors. The study suggests a pressing need for relevant stakeholders to promptly enact updated legislation concerning cooperatives to address emerging challenges and align with contemporary legal perspectives.
Third-Party Responsibility Against Cooperative Legal Action Hariyanto, Hariyanto; Fadlan Sejati, Herlambang; Iyer, Puneet
Journal of Private and Commercial Law Vol 7, No 2 (2023)
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jpcl.v7i2.47806

Abstract

This research is a theoretical study of the third-party responsibility concept against cooperative legal actions based on Law Number 25 of 1992. This is normative legal research. Data analysis obtained from library research was carried out in a qualitative way. The data obtained were grouped systematically and then linked to the formulation of the existing problems based on their accuracy value in order to get a clear picture of the discussion. Results showed that the positive law regarding cooperatives gave the board of directors the right to appoint a manager who came from a third party outside the cooperative. The board of directors and managers are bound by employment agreements. The board of directors remains fully responsible for legal actions committed by managers in cooperative management.
Co-Authors Fadlan Sejati, Herlambang HARIYANTO HARIYANTO Sejati, Herlambang Fadlan