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Contact Name
Sukardi Malik
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corpusjuris.manggalajournal@gmail.com
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+6281917222929
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corpusjuris.manggalajournal@gmail.com
Editorial Address
Jalan Merdeka Raya, Karang Pule, Kecamatan Sekarbela, Kota Mataram, NTB 83116, Indonesia
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Kota mataram,
Nusa tenggara barat
INDONESIA
Corpus Juris : Jurnal Ilmu Hukum
ISSN : -     EISSN : 31099173     DOI : https://doi.org/10.62335/corpusjuris.v1i1.743
Core Subject : Social,
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 13 Documents
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
PENEGAKAN HUKUM PIDANA TERHADAP KERUSAKAN LINGKUNGAN OLEH PERTAMBANGAN EMAS TANPA IZIN DIKABUPATEN MERANGIN Permata, Hani Alisia; Ismed, Mohamad; Basuki , Basuki
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.v1i2.2333

Abstract

Research Objectives: 1) To examine and analyze the handling of illegal gold mining (PETI) perpetrators who cause environmental damage. 2) To examine and analyze law enforcement against PETI perpetrators by prioritizing the restoration of the resulting environmental damage. Research Methods: This research employs a normative legal research method with several approaches: the statute approach, conceptual approach, analytical approach, philosophical approach, and case approach.Research Results: The Indonesian Forum for Environment (WALHI) of Jambi Province stated that as of 2025, the forest area damaged by illegal gold mining in Merangin is estimated to exceed 17,936 hectares. The handling of PETI perpetrators by the Merangin Regency Government, the Police, and the Governor of Jambi has not been optimal, despite the issuance of the Governor of Jambi's Circular Letter No. 414/491/DPMD/2025 regarding PETI. Law enforcement against PETI perpetrators has not yet achieved the three fundamental legal pillars: legal certainty (rechtssicherheit), utility (zweckmassigkeit), and justice (gerechtigkeit). This is due to several factors: a) the legal substance governing PETI, b) the lack of firmness among law enforcement officials, and c) the legal culture of the community regarding PETI activities, while law enforcement facilities remain adequate. Criminal sanctions for PETI are regulated under Article 158 of Law No. 3 of 2020 concerning Mineral and Coal Mining, which carries a maximum penalty of 5 (five) years imprisonment and a maximum fine of IDR 100 billion. Based on Article 80 paragraph 1 letter (a) of the Criminal Procedure Code (KUHAP) under Law No. 20 of 2025, PETI perpetrators may pursue Restorative Justice. While Restorative Justice in ordinary crimes involves a settlement between the victim and the perpetrator, in environmental crimes committed by PETI, Restorative Justice can be facilitated through environmental Non-Governmental Organizations (NGOs), following the doctrine of Christopher Stone. There is a pressing need for government regulations to determine who represents the environment as a legal subject and how fines can be distributed for post-mining reclamation.

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