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Daffa, Rofi Aisy
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Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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PERTANGGUNGJAWABAN DIREKSI BUMN TERHADAP KEPUTUSAN BISNIS YANG MERUGIKAN PERUSAHAAN BERDASARKAN PRINSIP BUSINESS JUDGEMENT RULE Daffa, Rofi Aisy
Ensiklopedia Education Review Vol 7, No 1 (2025): Volume 7 No 1 April 2025
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eer.v7i1.3217

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Abstract: This study discusses the accountability of the board of directors of State-Owned Enterprises (SOEs) for business decisions that result in corporate losses, by examining the application of the Business Judgment Rule (BJR) principle. This principle asserts that directors cannot be held legally liable for corporate losses as long as the decisions were made in good faith, with due care, free of conflicts of interest, and in line with the company's objectives. However, in the context of SOEs particularly those in the form of Persero there is regulatory overlap between the Limited Liability Company Law, the SOE Law, and the Anti-Corruption Law. This overlap creates legal uncertainty in distinguishing between business risk and criminal conduct. This study highlights the case of Karen Agustiawan, former President Director of PT Pertamina (Persero), who was convicted for making an investment decision without adequate due diligence, which was deemed detrimental to state finances. Normatively, the assets of Persero SOEs are corporate assets separate from the state, and thus any losses should be resolved through corporate mechanisms rather than criminal prosecution. Therefore, regulatory harmonization is needed to prevent the criminalization of directors based on business risks. This research uses a normative approach and case study as its method of analysis.Keywords: Business Judgment Rule, SOEs, Board of Directors, Accountability
BUDAYA HUKUM UMKM DAN MASYARAKAT DALAM MENERAPKAN PRINSIP FIRST TO FILE DALAM SISTEM HUKUM MEREK INDONESIA Al-arisy, Gilang Farhan Ahmad; Rusyda, Muh Farhan Ar; Daffa, Rofi Aisy
Ensiklopedia Sosial Review Vol 7, No 2 (2025): Volume 7 No 2 Juni 2025
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/esr.v7i2.3166

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Abstract: This study examines the legal culture of Indonesian society in implementing the first to file principle within the country's trademark law system. In the context of intellectual property law, the first to file principle grants exclusive rights over a trademark to the first party who officially registers it with the Directorate General of Intellectual Property. However, the implementation of this principle often faces challenges due to the low level of legal awareness among the public regarding the importance of trademark registration. This research aims to analyze the factors that contribute to the weak culture of trademark registration and to evaluate the government's role in building legal awareness in society. This research employs a normative legal method with statutory and conceptual approaches, supported by secondary data including literature, regulations, and policy reports related to trademark protection. The findings indicate that the underdeveloped legal culture, limited access to legal information, and lack of legal education are the main factors hindering the effective implementation of the first to file principle. Although the government has made efforts through public outreach programs, simplified procedures via the e-filing system, and registration incentives, these policies have not yet achieved their intended impact. A more comprehensive and sustainable approach is needed to build a stronger legal culture, including intensified legal education, decentralized access to legal services, and strengthened law enforcement mechanisms. Without a robust legal culture, the first to file principle in Indonesia’s trademark system cannot fully ensure legal certainty and fairness for all stakeholders.Keywords: Legal Culture, Trademark, First To File, Legal Awareness, Legal Protection.
Co-Authors Al-arisy, Gilang Farhan Ahmad Rusyda, Muh Farhan Ar