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All Journal Indonesian Journal of Law and Economics Review Jurnal Ilmiah Wahana Pendidikan
Sanyoto, Alicia Andromeda
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Religion Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Pertanggungjawaban Hukum Terhadap Praktik Makelar Kasus Oleh Zarof Ricar Di Pengadilan Andryawan, Andryawan; Tsabita, Nabilla Mahva; Sanyoto, Alicia Andromeda; Purba, Jeremy Exaudi
Jurnal Ilmiah Wahana Pendidikan Vol 11 No 6.D (2025): Jurnal Ilmiah Wahana Pendidikan 
Publisher : Peneliti.net

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Abstract

In the legal context, case brokering can be classified as a corruption offense because it refers to individuals who influence court decisions to win certain cases through unlawful means, such as bribery. In practice, case brokering involves intervening in the law enforcement process, from investigation to court decisions. The purpose of this study is to analyze the legal provisions regarding the practice of case brokering in court and the legal liability that can be imposed on Zarof Ricar for alleged case brokering practices. In this research we used the normative research method which focuses on the applicable legal rules related to the provisions and legal liability for the practice of case brokering in court. Through this research, it is concluded that Zarof's actions have violated the ASN code of ethics in accordance with applicable legal regulations and because his actions have undermined the principle of judicial independence, Zarof can be sanctioned for his actions. In addition, Zarof may also be subject to sanctions in the form of confiscation of assets obtained from corruption. Thus, to avoid such actions in the future, the Attorney General's Office and the Supreme Court must thoroughly investigate the practice of case brokering by Zarof Ricar and impose strict sanctions on the individuals involved.
The Business Judgment Rule in the Context of Directors’ Liability: A Comparative Study of the United States, Canada, and Indonesia: Business Judgment Rule dalam Perspektif Pertanggungjawaban Direksi: Studi Perbandingan Amerika Serikat, Kanada, dan Indonesia Sanyoto, Alicia Andromeda; Lie, Gunardi
Indonesian Journal of Law and Economics Review Vol. 20 No. 4 (2025): November
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/ijler.v20i4.1387

Abstract

General background: Directors hold a strategic role in corporate governance, yet not all business decisions generate profits, exposing them to potential personal liability. Specific background: Differentiating reasonable business risks from negligence or bad faith remains a legal challenge across jurisdictions. Knowledge gap: Although the Business Judgment Rule, BJR, aims to protect directors who act prudently, in good faith, and based on adequate information, its formulation and judicial application differ significantly in the United States, Canada, and Indonesia, with Indonesia showing limited and inconsistent enforcement. Aims: This study analyzes the regulation and implementation of BJR in the three jurisdictions to evaluate how each balances managerial discretion and legal accountability. Results: The United States applies BJR as a strong presumption safeguarding informed and loyal decisions, Canada emphasizes judicial restraint based on the fairness of the decision-making process, and Indonesia codifies BJR principles but lacks clear evaluative standards in practice. Novelty: The study provides a comparative understanding of doctrinal and structural differences that shape the scope of director protection. Implications: Strengthening BJR interpretation and judicial guidelines in Indonesia is crucial to prevent hindsight bias, support responsible risk-taking, and enhance legal certainty in corporate governance. Highlights: The Business Judgment Rule protects directors who act in good faith, prudently, and with adequate information. The United States and Canada apply BJR through strong judicial restraint, while Indonesia’s application remains limited. Clearer BJR standards in Indonesia are essential to reduce hindsight bias and strengthen corporate governance. Keywords: Business Judgment Rule, Directors’ Liability, Comparative Corporate Law, Fiduciary Duty, Legal Accountability.
Co-Authors Andryawan, Andryawan Lie, Gunardi Purba, Jeremy Exaudi Tsabita, Nabilla Mahva