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Corpus Juris : Jurnal Ilmu Hukum
Published by Lembaga Pendidikan dan Penelitian Manggala Institute
ISSN : -     EISSN : 31099173     DOI : https://doi.org/10.62335/corpusjuris.v1i1.743
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The aims of this journal is to provide a venue for academicians, researchers, and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deals with a broad range of topics in the fields of Criminal Law, Civil Law, International Law, Constitutional Law, Administrative Law, Islamic Law, Economic Law, Medical Law, Customary Law, Environmental Law and another section related contemporary issues in law
Arjuna Subject : Ilmu Sosial - Hukum
Articles 12 Documents
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KEPASTIAN HUKUM MENGENAI TANGGUNG JAWAB SOSIAL PERUSAHAAN DALAM MEWUJUDKAN PEMBANGUNAN BERKELANJUTAN harmaein harmaein; Khalimi Khalimi; Gatut Hendro Tri Widodo
CORPUS JURIS : JURNAL ILMU HUKUM Vol. 1 No. 2 (2025): CORPUS JURIS : Jurnal Ilmu Hukum, Desember 2025
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/corpusjuris.v1i2.2124

Abstract

This research is motivated by the existence of legal provisions governing corporate social responsibility (CSR), which are expected to contribute to sustainable development, yet in practice various irregularities remain prevalent, including the misuse of CSR funds by several major corporations. The issues examined concern the legal framework of CSR under Law Number 40 of 2007 on Limited Liability Companies and the extent to which legal certainty is ensured in its implementation to achieve sustainable development. The purpose of this study is to analyze the legal construction of CSR and to evaluate its effectiveness and legal certainty in supporting sustainable economic, social, and environmental development. The theoretical foundations employed are the theory of legal certainty and responsive law theory. This research employs a normative legal methodology using the statutory approach, the case approach, and the comparative approach. The data sources consist of primary legal materials such as statutes and government regulations, secondary legal materials including literature, journals, and expert opinions, and tertiary legal materials such as dictionaries and information media. Data were collected through library research, while analysis was carried out using grammatical and systematic interpretation to assess the consistency of CSR provisions with the concept of legal certainty and their implementation in practice. The results of the study indicate that, normatively, the regulation of CSR in Indonesia has a clear legal basis through Law Number 40 of 2007 and Government Regulation Number 47 of 2012. However, the legal certainty of its implementation remains suboptimal due to normative ambiguities, particularly regarding budgeting mechanisms, standards of propriety and reasonableness, and sanctions for companies that fail to implement CSR. Cases of CSR misappropriation further demonstrate weaknesses in oversight and inconsistent enforcement. This research concludes that to realize sustainable development, regulatory strengthening, enhanced transparency, and more effective supervisory mechanisms for CSR implementation are required.
PERTANGGUNGJAWABAN PIDANA KURATOR PELAKU TINDAK PIDANA PEMALSUAN SURAT DALAM PENGURUSAN HARTA PAILIT Ade Nandar Silitonga; Tofik Yanuar Chandra; Mohamad Ismed
CORPUS JURIS : JURNAL ILMU HUKUM Vol. 1 No. 2 (2025): CORPUS JURIS : Jurnal Ilmu Hukum, Desember 2025
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/corpusjuris.v1i2.2223

Abstract

In recent years, there has been growing concern regarding indications of an increase in the practice of document forgery committed by certain curators in the context of bankruptcy administration. This study aims to examine and analyze the forms of criminal acts of document forgery in the administration of bankruptcy by curators, as well as the criminal liability of curators who commit such offenses. The theoretical framework employed in this research includes the theory of criminal liability and the theory of punishment. The results of the study indicate that the forms of criminal acts of document forgery in bankruptcy administration by curators include the creation of fictitious documents, alteration of authentic documents, manipulation of receipts, asset value manipulation, and the use of false deeds or creditor lists with the intent to deceive or mislead relevant parties. These actions not only harm creditors and disrupt the lawful distribution of bankruptcy assets but also undermine the integrity of the bankruptcy process, causing economic and moral losses. The criminal liability of curators for these acts is absolute and personal, as curators, in addition to violating the provisions of Articles 263, 264, or 266 of the Criminal Code, also betray their pro justitia mandate and fiduciary duties as guarantors (Garantenstellung) of the bankruptcy estate. The intentionality (dolus) of such acts, along with their impact on creditors and the bankruptcy system, aggravates the severity of the misconduct. Therefore, professional independence does not confer immunity; rather, it serves as an aggravating factor, making criminal sanctions necessary to uphold justice, provide deterrence, protect the bankruptcy system, and maintain broader socio-economic stability

Page 2 of 2 | Total Record : 12

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