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All Journal International Journal of Educational Research and Social Sciences (IJERSC) Journal of Social Research Asian Journal of Social and Humanities
Ketut Wiratny, Ni
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Humanities Computer Science & IT Decision Sciences, Operations Research & Management Earth & Planetary Sciences Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Application Of The Business Judgment Rule Doctrine To Business Decisions Of The Directors Of The State-Owned Enterprise Persero As A Legal Entity Whose Capital Comes From Separated State Assets Laksemini, Wayan; Sihotang, Erikson; Ketut Wiratny, Ni
International Journal of Educational Research & Social Sciences Vol. 5 No. 3 (2024): June 2024 ( Indonesia - Ethiорiа - Nigeria )
Publisher : CV. Inara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v5i3.819

Abstract

The juridical basis for the application of the business judgment rule principle is a reflection ofthe independence and discretion of the board of directors, where in every decision they make, noparty should be able to interfere with the challenge of their decision, including the court, even iftheir decision causes the company to suffer losses. This is regulated in Article 97 paragraph (5)and Article 104 paragraph (4) of Law no. 40 of 2007 concerning Limited Liability Companies.This provision also applies to State-Owned Enterprises Persero based on Article 1 point 2,Article 11, Article 91 of Law no. 19 of 2003. Apart from that, the Supreme Court has also issuedSupreme Court Fatwa Number WKMA/Yud/20/VIII/2006 which confirms that state assets thathave been separated into BUMN are not state assets and that all provisions and principles applyto BUMN Persero. the principles of limited liability companies regulated in Law no. 40 of 2007concerning Limited Liability Companies. The principles of business judgment rules are applied tothe directors of State-Owned Enterprises Persero if they make business decisions in accordancewith applicable law, namely; Done in good faith, done with the right aim (prosper purpose), thedecision has a rational basis (rational basis), done with due care as would be done by a personwho is careful enough in a similar position, and carried out in a manner that he reasonablybelieves is in the best interest for the company.
Legal Protection For The Public Regarding The Amount of Compensation In Land Acquisition Activities For Development In The Public Interest Shufi Dahlan, Achmad Ady; Sihotang, Erikson; Ketut Wiratny, Ni
Journal of Social Research Vol. 4 No. 3 (2025): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v4i3.2457

Abstract

This study discusses the legal protection for communities regarding the amount of compensation in land acquisition activities for public interest development, emphasizing the principle of proportional compensation. It asserts that compensation should align with the value of the land and must be adequate, ensuring that land rights holders who relinquish their land do not experience social or economic decline. According to Articles 17 and 18 of Presidential Regulation No. 36 of 2005, if there is a dispute over the compensation amount, land rights holders have the right to submit objections to the Regent/Mayor, Governor, or Minister of Home Affairs, along with an explanation and reasons for the objection. The process of determining compensation should begin with deliberations, ensuring a fair and balanced resolution. This study concludes that the mechanism for providing compensation must prioritize deliberation, taking into account various factors, including social, cultural, legal, humanitarian, economic, and political aspects. These considerations ensure that the compensation process is not only fair and equitable but also respects the rights and dignity of the affected landholders, contributing to social harmony and public trust in the land acquisition process. This research provides valuable insights for policymakers and stakeholders involved in land acquisition for public development projects, ensuring that legal protections are in place to safeguard the interests of affected communities.   
Legal Protection for Children in Conflict with the Law Based on Restorative Justice in the Women and Children Service Unit (UPPA) of the Bali Regional Police Murdana, I Gede; Ketut Wiratny, Ni; Darma Saputra, Komang Edy Darma Saputra
Asian Journal of Social and Humanities Vol. 3 No. 11 (2025): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v3i11.605

Abstract

The Constitution of the Republic of Indonesia, in Article 18B(2) of the 1945 Constitution, mandates that "Every child has the right to survival, growth, and development, as well as the right to protection from violence and discrimination." Furthermore, Article 20 of Law No. 17 of 2016 on the Enactment of Government Regulation in Lieu of Law No. 1 of 2016 Amending the Second Amendment to Law No. 23 of 2002 on Child Protection into Law. For this reason, the Criminal Justice System for Children Act No. 11 of 2012 was enacted. The Women and Children's Service Unit (PPA) in Bali, formerly known as the Special Service Room (RPK), has a long history. In 2007, the RPK was transformed into the PPA Unit pursuant to Police Chief Regulation No. Pol: 10 of 2007. This change aimed to enhance the effectiveness of handling cases involving women and children, as well as ensuring the protection of their rights. Prior to becoming the PPA Unit, it was tasked with providing specialized services to women and children who were victims of crime or perpetrators of criminal acts.
Legal Protection for Children in Conflict with the Law Based on Restorative Justice in the Women and Children Service Unit (UPPA) of the Bali Regional Police Murdana, I Gede; Ketut Wiratny, Ni; Darma Saputra, Komang Edy Darma Saputra
Asian Journal of Social and Humanities Vol. 3 No. 11 (2025): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v3i11.605

Abstract

The Constitution of the Republic of Indonesia, in Article 18B(2) of the 1945 Constitution, mandates that "Every child has the right to survival, growth, and development, as well as the right to protection from violence and discrimination." Furthermore, Article 20 of Law No. 17 of 2016 on the Enactment of Government Regulation in Lieu of Law No. 1 of 2016 Amending the Second Amendment to Law No. 23 of 2002 on Child Protection into Law. For this reason, the Criminal Justice System for Children Act No. 11 of 2012 was enacted. The Women and Children's Service Unit (PPA) in Bali, formerly known as the Special Service Room (RPK), has a long history. In 2007, the RPK was transformed into the PPA Unit pursuant to Police Chief Regulation No. Pol: 10 of 2007. This change aimed to enhance the effectiveness of handling cases involving women and children, as well as ensuring the protection of their rights. Prior to becoming the PPA Unit, it was tasked with providing specialized services to women and children who were victims of crime or perpetrators of criminal acts.
Co-Authors Darma Saputra, Komang Edy Darma Saputra Laksemini, Wayan Murdana, I Gede Shufi Dahlan, Achmad Ady Sihotang, Erikson