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All Journal Jurnal Ilmiah Nusantara Terang: Jurnal Kajian Ilmu Sosial, Politik dan Hukum Law Research Review Quarterly
Mayzura Kamila Sukma
Unknown Affiliation
Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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TINJAUAN ANALISIS PRINSIP ULTRA VIRES TERHADAP PERTANGGUNGJAWABAN HUKUM DIREKSI PERSEROAN TERBATAS ATAS KEPAILITAN PERUSAHAAN Mayzura Kamila Sukma; Gracia Tirta Imanuela; Adinda Thalia
JURNAL ILMIAH NUSANTARA Vol. 1 No. 6 (2024): November
Publisher : CV. KAMPUS AKADEMIK PUBLISING

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61722/jinu.v1i6.2827

Abstract

The principle of ultra vires is an important legal concept in the corporate context, particularly regarding the authority and legal responsibility of the board of directors. In Indonesian law, this principle refers to actions taken by a corporate body or its organ that exceed the authority granted by the company’s articles of association or applicable regulations. This article aims to analyze the application of the ultra vires principle within the framework of corporate law, specifically in the context of the directors' legal responsibility related to corporate bankruptcy under Law No. 40 of 2007 on Limited Liability Companies (UU PT) and Law No. 37 of 2004 on Bankruptcy and Suspension of Debt Payment Obligations (UU Kepailitan). This research uses a normative (doctrinal) approach, with an analysis of applicable laws, legal doctrines, and relevant court decisions. The findings indicate that although the ultra vires principle faces challenges in its application within Indonesian legal practice especially due to a lack of clarity regarding actions that exceed the authority of directors this principle still plays a crucial role in assessing the legal responsibility of directors in bankruptcy cases. Actions that are deemed ultra vires by the directors may lead to civil liability, and even criminal liability, if they cause harm to the company and creditors.
Kajian Terhadap Putusan MK Nomor 168/PUU-XXI/2023: Analisis Pergeseran Paradigma Ketenagakerjaan Terkait Pemutusan Hubungan Kerja (PHK) Mayzura Kamila Sukma; Kezia Ananda Restu; Gracia Tirta Imanuella; Cindy Valentina
JURNAL ILMIAH NUSANTARA Vol. 2 No. 1 (2025): Jurnal Ilmiah Nusantara
Publisher : CV. KAMPUS AKADEMIK PUBLISING

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61722/jinu.v2i1.3382

Abstract

This study aims to analyze the content and implications of the Constitutional Court Decision No. 168/PUU-XXI/2023 regarding the shift in the labor paradigm, particularly in the context of termination of employment (PHK) in Indonesia. The research method used is a normative juridical approach, focusing on relevant laws and the Constitutional Court decision as the main study materials. This decision marks a turning point in the development of labor law in Indonesia, where the Constitutional Court emphasizes the importance of balancing the protection of workers' rights and the flexibility granted to employers. The study finds that the decision reinforces stricter and more transparent procedures regarding PHK, while still providing space for employers to maintain flexibility in their business operations. This paradigm shift has significant implications for PHK practices, where worker protection is strengthened without obstructing necessary restructuring or business adjustments. The study also offers recommendations for strengthening regulations, improving implementation oversight, and providing more effective labor dispute resolution to ensure fair and sustainable application
Analisis Upaya Penegakan Hukum Terhadap Krisis Lingkungan Atas Implikasi Pencemaran Udara Akibat Asap Kendaraan Bermotor di Daerah Khusus Jakarta (DKJ) Tahun 2023 Mayzura Kamila Sukma; Febyola Alistya Senoaji; Kezia Ananda Restu
Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum Vol. 1 No. 3 (2024): September : Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/terang.v1i3.402

Abstract

With the physical development of cities and industrial areas, as well as the development of transportation facilities, air quality also experiences changes in the composition of the atmosphere compared to normal conditions, which is characterized by the entry of polluting materials. Gasses and small particles/aerosols enter the air in constant quantities over long periods of time and affect not only human life but also animal and plant life. Currently, the development of electric vehicles in urban areas such as Indonesia and the Special Capital Region (DKJ) of course causes problems in the transportation system, also causes damage to common land by various interests and disrupts the existing air quality and also affects the atmosphere when pollution occurs. Transportation is the largest contributor to air pollution, namely around 85%, because transportation is a proven source of emissions. Therefore, law enforcement efforts to improve the transportation sector without ignoring other sectors, including strategic actions, must be prioritized. The number of buses and trains has also increased. It will also control the number of private cars and improve much of the public transportation system.
Issuer’s Liability for Misleading Information: Study of Article 80 Capital Market Law from Legal Liability Perspectivele of Article Mochammad Rizky Maulana Maulana; Sang Ayu Putu Rahayu; Mayzura Kamila Sukma
Law Research Review Quarterly Vol. 12 No. 5 (2026): Special Edition Part 1
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lrrq.v12i5.48801

Abstract

The capital market heavily relies on the principle of full disclosure to maintain investor trust and market efficiency. However, violations such as presenting misleading information in the prospectus remain a significant issue. The main problem addressed in this paper is the difficulty investors face in obtaining civil compensation when issuers provide inaccurate material facts, as regulatory enforcement tends to prioritize administrative sanctions over civil restitution. This study aims to analyze the issuer's liability for misleading information and examine the implementation of Article 80 of Law Number 8 of 1995 concerning the Capital Market from a legal liability perspective. This study employs a normative legal research method utilizing statutory and conceptual approaches. The findings reveal that while Article 80 establishes a robust foundation for civil liability based on fault, its practical execution is hindered by the heavy burden on investors to prove a direct causal link between the misleading information and their financial loss. Consequently, dispute settlements rarely result in actual compensation for public shareholders. In conclusion, the current disclosure settlement mechanism is inadequate to provide fair legal protection. It requires regulatory reinforcement to operationalize civil liability effectively, ensuring issuers are held accountable for financial restitutions to restore legal certainty in the Indonesian capital market.
Investor Protection Against Invalidity of Administrative Acts: Perspective of Decision 650 K/TUN/2022 and Investment Law Mochammad Rizky Maulana; Sang Ayu Putu Rahayu; Mayzura Kamila Sukma
Law Research Review Quarterly Vol. 12 No. 5 (2026): Special Edition Part 1
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lrrq.v12i5.48832

Abstract

The issuance of mining business licenses that conflict with environmental protection regulations often leads to cancellation by the court, which directly disrupts the legal certainty of investments. This article aims to examine the legal protection for investors resulting from the invalidity of administrative acts, focusing on the analysis of Supreme Court Decision Number 650 K/TUN/2022 concerning the cancellation of the Approval for the Upgrade to Operation Production Stage of PT Tambang Mas Sangihe (PT TMS). Employing a normative legal research method with statute and case approaches, this article unravels the problematic conflict between the principle of investment certainty and ecological preservation. The study reveals that PT TMS's license was annulled due to proven substantive defects, specifically violating the prohibition against massive mining on small islands as stipulated in Article 26A of the Law on the Management of Coastal Areas and Small Islands (PWP3K). While this decision represents a victory for environmental conservation, the negligence of the State Administrative Official in issuing a fundamentally flawed license has undermined the guarantee of investor protection and legal certainty under the Investment Law. From the perspective of legal doctrine, the issuance of such a juridically defective license constitutes an Unlawful Act by the Government (Onrechtmatige Overheidsdaad). Therefore, to protect the legitimate expectations of good-faith investors holding a Contract of Work, repressive legal protection through a mechanism of claiming compensation against the state becomes an essential instrument. This article recommends the necessity for strict cross-sectoral licensing synchronization to prevent similar administrative failures that could detrimentally affect the national investment climate.  
Co-Authors Adinda Thalia Cindy Valentina Febyola Alistya Senoaji Gracia Tirta Imanuela Gracia Tirta Imanuella Kezia Ananda Restu Mochammad Rizky Maulana Mochammad Rizky Maulana Maulana Rahayu, Sang Ayu Putu Sang Ayu Putu Rahayu