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All Journal Referendum Lex Stricta : Jurnal Ilmu Hukum
Sayit Bandung Bondowoso
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Arts Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Analisis Peran Lembaga Negara dalam Penegakan HAM di Indonesia Adinda Melisa Putri; Alya Deska Safira; Auliah Ramayani; Muhammad Rifky Rizani; Muhammad Dandy Pratama; Sayit Bandung Bondowoso
Referendum : Jurnal Hukum Perdata dan Pidana Vol. 1 No. 4 (2024): Desember : Referendum : Jurnal Hukum Perdata dan Pidana
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/referendum.v1i4.331

Abstract

This paper is intended to analyze how institutions play a role as government institutions in upholding human rights, which focuses on human rights enforcement as reviewed from the performance of Komnas HAM institutions, the Ombudsman and other institutions, as well as the challenges faced in upholding human rights advocacy in Indonesia. Human rights problems are not a new problem in Indonesia, the many human rights violations in Indonesia if this problem continues to be left without evaluation and solutions, it will result in prosecution to the Government in order to solve the existing problems. Even after the reform, human rights violations continue to occur and are signaled in Indonesia, proving the inadequacy of the role of State Institutions to solve problems of human rights violations in Indonesia and ensure real security and protection of justice for the Indonesian people.
Pertanggungjawaban Direksi BUMN Terhadap Kerugian Negara Berdasarkan Regulasi Pemerintahan Sektor Perusahaan Dan Pidana Afrilia, Dian; Sayit Bandung Bondowoso
Lex Stricta : Jurnal Ilmu Hukum Vol. 4 No. 1 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/lexstricta.v4i1.1400

Abstract

This paper provides an in-depth analysis of the accountability of directors of State-Owned Enterprises (SOEs) for state financial losses from the perspectives of corporate law and criminal law. The core issue lies in the tension between two legal regimes with contrasting orientations: corporate law, which emphasizes professionalism, managerial discretion, and protection against business risks through the business judgment rule doctrine; and criminal law, particularly the Anti-Corruption Law, which focuses on the consequences of actions in the form of financial losses to the state. In practice, this divergence often leads to legal uncertainty and overlaps, as business losses are frequently equated with unlawful acts subject to criminal sanctions. This paper argues that a repressive approach one that disregards rational decision-making processes has created fear among directors, resulting in a chilling effect that negatively impacts the management of SOEs. Therefore, a normative and institutional integration is urgently needed, placing the business judgment rule, the principle of lex posterior derogat legi priori, and the ultima ratio principle as foundational elements in assessing directors’ liability. The main conclusion of this study emphasizes the necessity of harmonizing corporate and criminal law to ensure legal certainty, maintain the continuity of SOE operations, and uphold the integrity of the national legal system.
Co-Authors Adinda Melisa Putri Afrilia, Dian Alya Deska Safira Auliah Ramayani Muhammad Dandy Pratama Muhammad Rifky Rizani