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All Journal Lex Librum: Jurnal Ilmu Hukum Edunity: Kajian Ilmu Sosial dan Pendidikan Lex Librum : Jurnal Ilmu Hukum
Gunawan, Berry
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Arts Humanities Computer Science & IT Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Teori Hukum Progresif Dalam Melawan Penebangan Liar Di Indonesia Gunawan, Berry
Lex Librum : Jurnal Ilmu Hukum Vol 11, No 1 (2024): Desember
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/lljih.v11i1.576

Abstract

The forestry crisis in Indonesia is multidimensional and triggers complex negative impacts primarily caused by forestry malpractice, especially illegal logging. (illegal logging). Law enforcement efforts are still weak against forest timber logging perpetrators; if there are any, they only stop at the field-level perpetrators. Therefore, the issue that arises is what comprehensive efforts can be made to prevent and eradicate illegal logging. This research attempts to identify and analyze the role of progressive law in addressing the issue of illegal logging. Basically, to stop illegal logging in Indonesia, a comprehensive approach that encompasses various aspects is needed. Progressive law applies the law by considering the normative and sociocultural aspects of society. Full appreciation and accommodation of the value of life and development within society, especially around forest areas, are very important for its operationalization. The multidisciplinary aspect of law enforcement is also very important. The orientation to combat forestry malpractice is another important component.
Doctrin Business Judgment Rule Analysis as an Effort to Protect the Law of Directors of Limited Liability Companies in Indonesia and the United States Gunawan, Berry; Gunadi, Ariawan
Edunity Kajian Ilmu Sosial dan Pendidikan Vol. 2 No. 10 (2023): Edunity : Social and Educational Studies
Publisher : PT Publikasiku Academic Solution

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57096/edunity.v2i10.160

Abstract

The provisions and implementation of BJR in Indonesia and the United States need to be studied because the latest Company Laws of both countries have codified the principles of BJR generated by court practice so far where BJR elements are regulated imitatively in the Company Law and accompanied by an explanation of the concept of the core elements of BJR. The formulation of the problems in writing this journal are 1) How are the regulations governing the application of the business judgment rule in Indonesia and the United States? 2) how is the application of the business judgment rule principle as a legal protection effort against directors in Indonesia and the United States? The research method used in this journal is normative juridical research with qualitative data analysis. The results showed that 1) regulations governing the application of the business judgment rule in Indonesia are regulated in Law Number 40 of 2007 concerning limited liability companies and OJK Regulation Number 33 / PJOK.04 / 2014 related to BJR which provides protection for directors and commissioners in carrying out their duties are sufficient. Meanwhile, regulations governing the application of the business judgment rule in the United States are regulated in the MBCA 2016. 2) The application of the business judgment rule principle as an effort to protect the law against directors in Indonesia can be applied to protect directors from legal liability as long as there are no elements of fraud, conflict of interest, unlawful acts and intentional misconduct as in the case of Decision Number 121 K/Pid.Sus/2020. Meanwhile, the application of the business judgment rule principle as an effort to protect the law against directors in the United States in accordance with the scope of the directors' responsibilities as in the Disney dispute case, Delaware Supreme Court.
Teori Hukum Progresif Dalam Melawan Penebangan Liar Di Indonesia Gunawan, Berry
Lex Librum : Jurnal Ilmu Hukum Vol. 11 No. 1 (2024): Desember
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/lljih.v11i1.576

Abstract

The forestry crisis in Indonesia is multidimensional and triggers complex negative impacts primarily caused by forestry malpractice, especially illegal logging. (illegal logging). Law enforcement efforts are still weak against forest timber logging perpetrators; if there are any, they only stop at the field-level perpetrators. Therefore, the issue that arises is what comprehensive efforts can be made to prevent and eradicate illegal logging. This research attempts to identify and analyze the role of progressive law in addressing the issue of illegal logging. Basically, to stop illegal logging in Indonesia, a comprehensive approach that encompasses various aspects is needed. Progressive law applies the law by considering the normative and sociocultural aspects of society. Full appreciation and accommodation of the value of life and development within society, especially around forest areas, are very important for its operationalization. The multidisciplinary aspect of law enforcement is also very important. The orientation to combat forestry malpractice is another important component.
Co-Authors Ariawan Gunadi