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INDONESIA
Ensiklopedia Education Review
Published by Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia
ISSN : 26570297     EISSN : 26570289     DOI : -
Core Subject : Education,
Education Languange, Linguistic, Communication & Media
Jurnal yang menerbitkan artikel di bidang ilmu pendidikan di Indonesiam baik dalam bahasa Indonesia ataupn bahasa PBB. Jurnal terbit selama 3 kali dalam satu tahun, yaitu di Bulan April, Agustus, Desember.
Arjuna Subject : -
Articles 367 Documents
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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

Abstract

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
DINAMIKA HUKUM NASIONAL SEBAGAI IMPLEMENTASI PERJANJIAN PERDAGANGAN BEBAS ASEAN DAN MITRA Rahmanto, Imam Basuki
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.v7i1.3203

Abstract

Abstract: This study examines the legal dynamics and regulatory challenges faced by Indonesia in implementing the ASEAN Plus Three (APT) Free Trade Agreement (FTA). Since ASEAN does not have a supranational legal mechanism, legal harmonization relies entirely on the commitments of individual member states. Indonesia has adopted a multifaceted strategy, including agreement ratification, regulatory adjustment, and cross-sectoral coordination, to align domestic laws with regional obligations. The analysis reveals that while Indonesia has established an effective legal framework to comply with its APT commitments, ongoing regulatory reforms are needed to respond to evolving agreements and to ensure domestic benefits. By comparing ASEAN’s approach with other regional integration models, such as the European Union, this study underscores the importance of strengthening institutional capacity and initiative-taking engagement to maximize the benefits of regional trade liberalization. The APT Work Plan 2023–2027 serves as a strategic blueprint to align national policies with regional integration efforts.Keywords: ASEAN, Free Trade Agreement, Legal Harmonization
LEGALITAS DAN PEMANFAATAN TEKNOLOGI BLOKCHAIN TERHADAP SMART CONTRACT PADA PERJANJIAN BISNIS DI INDONESIA Rukman, Juliana Ananda
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.v7i1.3148

Abstract

Abstract: The development of digital technology has encouraged various companies to innovate, one of which is by utilizing blockchain in smart contract systems. This technology, derived from cryptocurrency, enables transactions to run automatically through programmed code that translates into legal language. This study aims to examine the legitimacy of blockchain technology in supporting smart contracts as digital legal instruments and to analyze its application in business agreements between entrepreneurs in Indonesia. This research uses a normative juridical approach that focuses on analyzing relevant legal provisions. The results show that this technology has great potential to simplify transaction systems and reduce costs. However, its application requires adjustments to the legal system and social acceptance to function optimally and provide adequate legal protectionKeywords: Blockchain, Smart Contract, Legalitas, Perjanjian Elektronik
PERLINDUNGAN HUKUM HAK KEKAYAAN INTELEKTUAL MEREK DALAM KONTEKS : PARFUM LOKAL MENIRU GLOBAL Rere, Krisencia Indah Permata Celina
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.v7i1.3208

Abstract

Abstract: The rise of local "inspired perfumes" in Indonesia raises legal issues around trademark protection and fair competition. These products often mimic global perfume brands in name, packaging, and marketing, potentially violating laws like the Trademark Act and the Unfair Business Competition Law. This paper discusses misleading naming, design imitation, and pricing tactics that leverage brand association. Despite claims that the similarities are limited to fragrance or inspiration, using registered brand elements still risks deceiving consumers and damaging the original brand’s reputation. Enforcing intellectual property rights is crucial to ensure fair competition and protect consumers.Keywords: Inspired Perfume, Trademark Infringement, Unfair Competition, Consumer Rights, Intellectual Property Rights.
DAMPAK PENGHAPUSAN PENCATATAN PERUSAHAAN TERBUKA TERHADAP PEMEGANG SAHAM DAN TATA KELOLA PERUSAHAAN Purba, Anita Sara
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.v7i1.3199

Abstract

Abstract: This study aims to discuss two problem formulations, namely: (1) how legal regulations in Indonesia regulate the cancellation of delisting of public companies and its impact on shareholder protection, and (2) what are the implications of delisting on the principles of good corporate governance. This study uses a normative legal approach method, by examining laws and regulations, legal literature, and relevant official documents. The results of the study indicate that the regulations of the Financial Services Authority and the Indonesia Stock Exchange do provide a legal framework for the implementation of delisting, including the obligation to tender offer for minority shareholders, but there are still gaps in the protection provided, especially in non-voluntary delisting. In addition, the delisting process can also disrupt the implementation of the principles of transparency, accountability, and fairness in corporate governance. Therefore, strengthening regulations and supervision is needed to ensure that the delisting process is carried out while still guaranteeing the rights of shareholders and maintaining the governance standards that have been applied during the company's public status.Keywords: Corporate Governance, Impact, Shareholders.
KEDUDUKAN HAKIM PENGAWAS TERHADAP KURATOR DALAM PENGELOLAAN ASET PAILIT DI INDONESIA Danial, Putri Sofiani
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.v7i1.3204

Abstract

Abstract: This study aims to analyze the position and supervisory mechanism of the supervisory judge over the curator in the management of bankruptcy assets in Indonesia. Based on Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations, the supervisory judge plays a crucial role in ensuring the accountability and integrity of the curator’s actions. However, in practice, such oversight has not been carried out optimally. This research employs a normative juridical approach with a descriptive-qualitative analysis method, using primary legal materials in the form of legislation and court decisions, as well as secondary legal sources from academic literature. The findings reveal that the supervisory judge faces various juridical, technical, and practical obstacles, including ambiguous legal norms, lack of digital infrastructure, and excessive judicial workload. Therefore, regulatory reform, digital integration of reporting systems, and technical capacity-building for supervisory judges are necessary to strengthen the oversight function. With these improvements, Indonesia’s bankruptcy system can operate more transparently, fairly, and efficiently.Keywords: supervisory judge, curator, bankruptcy assets, bankruptcy law, judicial oversight
PEMBELIAN KEMBALI SEBAGAI UPAYA PENYELESAIAN KREDIT BERMASALAH DAN PERLINDUNGAN HUKUMNYA BAGI BANK Farida, Mutiara
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.v7i1.3149

Abstract

Abstract : The Mortgage Loan Facility (KPR) provided by banks to debtors sometimes encounters issues during its course, which may be caused by debtor default. Therefore, the bank, as the creditor, needs legal protection. The purpose of this study is to examine how repurchase through the subrogation scheme can be undertaken by the bank as an effort to resolve non-performing loans and as a means of ensuring legal security for the bank itself. This study uses a normative legal approach, focusing on the analysis of applicable legal provisions. Based on the review of the Indonesian Civil Code and the Banking Law, it is shown that repurchase is chosen by the bank due to the absence of a registered Mortgage Certificate (Sertipikat Hak Tanggungan), which serves as the bank’s means of executing its rights over the collateral.Keywords: Default, Subrogation, Repurchase, Legal Protection.
DAMPAK UU CIPTA KERJA TERHADAP PEMUTUSAN HUBUNGAN KERJA ATAS EFESIENSI PERUSAHAAN Zulfikar, Ahmad
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.v7i1.3209

Abstract

Abstract: The purpose of this study is to determine the implementation of the Job Creation Law on its impact on termination of employment due to company efficiency and how the rights of workers who experience termination of employment on company efficiency after the implementation of the Job Creation Law. The method used in this study is normative research, namely research whose main object of study is statutory regulatory documents and library materials. The impact of the Job Creation Law on termination of employment on company efficiency is a change between Law Number 13 of 2003 concerning Manpower and Law Number 6 of 2023 concerning Job Creation in terms of termination of employment by the company, employers are required to provide severance pay, long service awards and replacement rights. The aim of efficiency is to prevent losses or companies from experiencing company losses. However, on the other hand, the rights of workers who are laid off on the grounds of company efficiency have certainly changed and there are fewer provisions for calculating severance pay which only leaves 0.5 Provisions. In preventing termination of employment, a dialogue must first be conducted to establish a perception of the efficiency plan as employers strive to prevent layoffs. Termination of employment is the last step taken by employers if no agreement is reached in the dialogue between Workers, Labor Unions and Employers.Keywords: Impact of the Job Creation Law, Termination of Employment, Company Efficiency.
PELUANG PERDAMAIAN DALAM PKPU SOLUSI MENGHIDARI KEPAILITAN Bahran, Khaerul
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.v7i1.3200

Abstract

Abstract: This study aims to comprehensively analyze the factors influencing the success of peace plans in the Suspension of Debt Payment Obligations (PKPU) process in Indonesia, as well as to formulate an ideal guideline plan to achieve effective and sustainable peace efforts. Using a normative research method with a descriptive qualitative approach, secondary data were collected from relevant legislation, commercial court decisions, and pertinent legal and business literature. An in-depth analysis was conducted on Law Number 37 of 2004 concerning Bankruptcy and PKPU, focusing on the mechanisms of submission, approval, and ratification of peace plans.The research results identify that the success of peace plans is highly influenced by the synergy between the debtor's good faith in fulfilling obligations, majority creditor support for the proposed plan, the feasibility and suitability of the peace proposal with the debtor's actual condition, transparent and communicative management of the PKPU process, the active role of supervisory judges and commercial courts in overseeing and ratifying the peace plan, as well as compliance with legal provisions and timely submission.Keyword : PKPU, Peace Plan, Bankruptcy
STATUS HUKUM KARYAWAN TETAP TANPA PERPANJANGAN PKWT DALAM PP NOMOR 35/2021 Wiratama, Adit
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.v7i1.3205

Abstract

Abstract: Fixed-Term Employment Agreement (PKWT) is the basis of an employment relationship based on a certain period of time. However, in practice, workers often continue to work even though the PKWT period ends without a written extension. This case occurred in the Aviation Security Department of PT. Angkasa Pura Solusi, Soekarno Hatta Airport. This study aims to determine how the implementation of the PKWT between employees and PT. Angkasa Pura Solusi and to determine the legal status of employees who do not extend the PKWT but still work based on PP 35/2021. This study uses a normative legal method to examine the implementation of PKWT and the legal status of employees who continue to work without an extension. The results show that the implementation of PKWT is generally in accordance with PP Number 35 of 2021, but there are still discrepancies in the field. Employees who continue to work without a written extension are considered to have changed status to permanent workers (PKWTT) according to Article 11 of PP 35/2021. This emphasizes the importance of administrative compliance to prevent industrial relations disputes.Keywords: Employee Legal Status, Without Extension, PKWT, PP 35/2021.

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