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p-Index From 2021 - 2026
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All Journal International Journal of Education, Vocational and Social Science
Majuri
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Decision Sciences, Operations Research & Management Education Languange, Linguistic, Communication & Media Social Sciences Other

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Legal Review of Biodiversity Protection and Conservation of Biological Natural Resources in Indonesia Donny Ferdiansyah; Toyib Zainal; Agustine Susi Mulyati; Majuri; Ibrahim Aji; Hardjito S. Darmojo
International Journal of Education, Vocational and Social Science Vol. 5 No. 01 (2026): International Journal of Education, Vocational and Social Science( IJVESS)
Publisher : Cita konsultindo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63922/ijevss.v5i01.2654

Abstract

This study examines the legal aspects of biodiversity (BD) protection and the conservation of biological natural resources in Indonesia. Using a normative–empirical legal research method, the study identifies substantial gaps between Law No. 5/1990 on Conservation of Biological Natural Resources and Their Ecosystems (KSDAHE) and the demands of contemporary conservation governance. Normatively, domestic regulations fail to adequately regulate Access and Benefit Sharing (ABS) and the protection of Traditional Knowledge (TK) of local communities, thereby creating vulnerabilities to biopiracy and distributive injustice. Empirically, criminal law enforcement against Illegal Wildlife Trade (IWT) remains ineffective due to lenient sentencing and difficulties in prosecuting organized crime networks, compounded by the limited use of preventive administrative instruments. The findings highlight the need for comprehensive legal reform focusing on integrating ABS and TK, strengthening criminal sanctions for biodiversity crimes, and harmonizing overlapping sectoral regulations. The overarching goal is to transform conservation law into an adaptive, equitable, and sustainability-oriented regulatory regime.
Directors’ Personal Liability in Corporate Bankruptcy: An Analytical Study on the Application of the Business Judgment Rule and the Doctrine of Gross Negligence Donny Ferdiansyah; Mulyati, Agustine Susi; Majuri; Toyib Zainal; Edi Mulyadi
International Journal of Education, Vocational and Social Science Vol. 5 No. 01 (2026): International Journal of Education, Vocational and Social Science( IJVESS)
Publisher : Cita konsultindo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63922/ijevss.v5i01.2796

Abstract

This study aims to examine in depth the concept of directors’ personal liability in the bankruptcy of Limited Liability Companies (PT), focusing on the application of the Business Judgment Rule principle and the doctrine of gross negligence within the framework of Indonesian corporate law. The issue of directors’ liability in bankruptcy situations is crucial, as the boundary between managerial error and acceptable business risk is often difficult to define. This research employs a normative juridical method using statutory, conceptual, and case approaches by analyzing relevant legislation, commercial court decisions, and corporate law literature. The results of this study indicate that the Business Judgment Rule serves as a legal safeguard for directors who act in good faith, with due care, and in the best interests of the company. However, this principle cannot be used as a defense when gross negligence is proven — that is, the failure of directors to perform their managerial duties reasonably, resulting in losses or the company’s bankruptcy. In such circumstances, directors may be held personally liable under Article 97 paragraphs (3) and (5) of Law Number 40 of 2007 concerning Limited Liability Companies. Therefore, this study emphasizes the importance of prudence, professional conduct, and accountability among directors in business decision-making to prevent abuse of authority and minimize the risk of personal liability in bankruptcy situations.
Co-Authors Agustine Susi Mulyati Donny Ferdiansyah Edi Mulyadi Hardjito S. Darmojo Ibrahim Aji Mulyati, Agustine Susi Toyib Zainal