Claim Missing Document
Check
Articles

Found 3 Documents
Search

Integrasi Audit Hukum dalam Manajemen Risiko dan Good Corporate Governance Perusahaan Erisa Ardika Prasada; Muhamad Rasyid; Mesya Assauma Nurfitrah; Moulyta Elgi Trinanda; Diah Ayu Setiowati
AL-SULTHANIYAH Vol. 14 No. 2 (2025): AL-SULTHANIYAH
Publisher : Institut Agama Islam Sultan Muhammad Syafiuddin Sambas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37567/al-sulthaniyah.v14i2.4437

Abstract

The complexity of the modern business world requires companies not only to comply with legal provisions formally, but also to establish integrity-based governance that can prevent corporate misconduct and fraud. This study aims to critically analyze the implementation of legal audits as a risk mitigation instrument and as a moral governance tool that extends its function beyond administrative compliance checks. This study uses a normative juridical method with a conceptual and legislative approach, supported by academic literature and previous empirical findings, which are analyzed qualitatively and descriptively. This study offers a new contribution in the form of an interpretation of legal audits within the framework of transcendent forensic accounting, namely placing them as a mechanism of moral accountability that is capable of identifying indications of fraud, filtering corporate decisions through legal ethical principles, and linking legal supervision with organizational integrity values. The results show that a systematically designed legal audit—through risk-based planning, substantive document examination, multidimensional risk analysis, and the formulation of implementable recommendations—is not only effective in mapping and controlling legal risks, but also builds a culture of compliance that promotes honesty, transparency, and ethical responsibility. These findings confirm that legal audits function as a dual mechanism: an instrument for mitigating legal risks and an ethical tool that strengthens GCG and prevents corporate fraud through structured moral oversight. The implication is that integrating legal audits into the corporate risk management framework is a strategic necessity for corporations in facing regulatory dynamics, increasing stakeholder trust, and strengthening governance sustainability through the combination of normative compliance and moral integrity.
Kepastian Hukum Penerapan Asas Audi et Alteram Partem dalam Pemeriksaan Perkara Perdata Secara Elektronik (E-Court) Moulyta Elgi Trinanda; Queena Allysa Kinanti; Lira Ayu Anggraini
Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora Vol. 5 No. 2 (2026): JURRISH: Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jurrish.v5i2.8534

Abstract

The digital transformation of Indonesia’s judicial system through the implementation of e-court represents a judicial reform aimed at achieving a simple, fast, and low-cost legal process. However, the digitization of civil case proceedings raises concerns regarding legal certainty, particularly in the application of the principle of audi et alteram partem as a fundamental doctrine ensuring equal opportunity for parties to be heard. This study aims to analyze the normative regulation of the audi et alteram partem principle in Indonesian civil procedural law, examine its implementation within the e-court system, and assess whether its application provides adequate legal certainty for litigants. The research employs a normative juridical method using statutory and conceptual approaches. Legal materials consist of statutory regulations, legal doctrines, and relevant academic journals. The findings indicate that normatively, the e-court system accommodates the right to be heard through electronic case registration, summons, hearings, and submission of documents. Nevertheless, technical obstacles, disparities in digital literacy, and potential deficiencies in electronic notification mechanisms may affect the effective protection of parties’ rights. It is concluded that the implementation of the audi et alteram partem principle in e-court has a sufficient legal foundation, yet requires further technical and regulatory strengthening to ensure optimal legal certainty.
Pembuktian Jual Beli Tanah di Bawah Tangan dalam Sengketa Perdata: Analisis Putusan PN Nabire No. 30/Pdt.G/2020/PN Nabire Moulyta Elgi Trinanda; Muhammad Ivansyah Fadlillah S; Muhammad Valeska Ramadhan
Journal of Legal, Political, and Humanistic Inquiry Vol 1 No 4 (2026): June: Custodia: Journal of Legal, Political, and Humanistic Inquiry
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/xhs80w33

Abstract

This study discusses the position of private deeds as evidence in disputes over land rights transfers through a study of Nabire District Court Decision No. 30/Pdt.G/2020/PN Nabire. A normative-doctrinal approach was used to analyze the provisions of Article 1320 of the Civil Code, Article 164 of the HIR, Article 1866 of the Civil Code, Article 1874 of the Civil Code, and Article 37 of Government Regulation No. 24 of 1997, as well as relevant judicial practices. The results of the analysis show that private deeds obtain probative legitimacy if they are not contested and are combined with factual evidence, such as payment and delivery of the object, so that the judge can form a legal conviction to validate the transfer of rights. Court decisions serve as instruments of temporary administrative legalization without removing the formal obligations of the PPAT, affirming the flexibility of the civil evidence system. These findings emphasize the orientation towards material truth, legal protection for parties acting in good faith, and harmonization between material validity and formal legal certainty, while enriching the doctrine of substantial evidence in civil land disputes in Indonesia.