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I Nengah Sucipta Angga Putra; I Gusti Ayu Eviani Yuliantari; Putu Eva Ditayani Antari; Kadek Januarsa Adi Sudharma

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Lembaga Pengembangan Kinerja Dosen

This research aims to analyze the legal protection of workers' rights during Termination of Employment (PHK) due to company bankruptcy, as well as assessing the conformity between applicable legal provisions and practice in the field. The method used is normative legal research with a statutory and factual approach. The research examines various legal regulations related to employment and bankruptcy, as well as the implementation of these regulations in resolving employment disputes. The research results show that the regulation of layoffs according to Law Number 6 of 2023 concerning Job Creation emphasizes that layoffs are the termination of the employment relationship due to certain things which result in the end of the rights and obligations between workers and employers which is a last resort. In practice, however, workers often experience difficulties in obtaining their normative rights, especially when companies face financial instability or insolvency. Then the responsibilities that can be carried out by companies to realize fair legal protection for workers are divided into 2 (two) efforts, namely preventive and repressive. Preventive efforts include compliance with labor regulations and transparent communication, while repressive efforts are carried out through dispute settlement and fulfillment of workers’ compensation rights. This research confirms the existence of a gap between legal norms and practice in the field. Therefore, it is necessary to increase legal awareness and strengthen regulatory enforcement to ensure the fulfillment of the rights of workers affected by layoffs.

Satria Yuritama; Nurhayani Nurhayani

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Lembaga Pengembangan Kinerja Dosen

BPJS Ketenagakerjaan aims to protect workers and ensure their welfare. However, in reality, many companies do not register some or all of their workers, which affects the welfare of workers and has the potential to impact the social security system as a whole. The research questions are: How does the non-payment of BPJS Ketenagakerjaan contributions affect workers' rights in relation to the theory of legal protection in Decision Number 40/Pdt.G.S/2023/PN Pbr and How the mechanism for fulfilling workers' rights when a company that has previously defaulted on its contributions has paid off its obligations. This research is normative-empirical, using three approaches, namely legislation, case studies, and legal sociology. The results show that the arrears in this case not only caused workers to lose access to JKK, JKM, JHT, and JP program benefits, but also placed them in economic and social vulnerability because they did not receive compensation when employment risks occurred. After the company has fulfilled its obligations, the membership and service team will verify the payment and reactivate the participant's status so that workers can reapply for claims, thereby ensuring that workers' rights are promptly fulfilled both administratively and substantively.

Okky Rachmadi Soekristyanto; Khalimi Khalimi

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Lembaga Pengembangan Kinerja Dosen

This study examines the distortion between civil and criminal perspectives in the legal considerations (ratio decidendi) of Judex Juris in Supreme Court Decision Number 121K/Pid.Sus/2020. The decision lacks substantial criminal law considerations regarding the alleged corruption offense. Instead, the legal reasoning focuses on the fault or negligence of company directors, particularly the exception under Article 97 of Law Number 40 of 2007 concerning Limited Liability Companies, which embodies the Business Judgment Rule doctrine. Furthermore, these considerations are distorted by tort (onrechtmatige daad) as regulated in Article 1365 of the Civil Code juncto Article 138 paragraph (1) letter b of the Company Law. This research employs a legislative approach by analyzing various legal instruments, including the 1945 Constitution, the Criminal Code, the Criminal Procedure Code, the Limited Liability Company Law, State-Owned Enterprises Law, Judicial Power Law, Supreme Court Law, and the Corruption Eradication Laws. A conceptual approach is also utilized to examine theoretical concepts concerning corporate crime, directors' liabilities, state losses, tort, negligence from criminal and civil perspectives, business judgment rules, collective collegiality principles, and formal-material classification of legislation. The data comprises primary legal materials (legislation and court decisions) and secondary legal materials (legal literature and scientific journals). Analysis is conducted qualitatively by interpreting legal principles and their relevance to the court's considerations in the decision.

Pesulima, Eunike; Roberto Octovianus Cornelis Seba; Christian H. J. de Fretes

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Lembaga Pengembangan Kinerja Dosen

This research analyzes the Indonesian government’s policy responses to combating Illegal, Unreported, and Unregulated (IUU) Fishing in the Arafura Sea during 2023-2024, focusing on the case of the Run Zeng 03 and Run Zeng 05 vessels. These foreign-flagged vessels, owned by a Chinese company but registered under the Russian flag, were involved in illegal fishing and human rights violations against Indonesian fishery crew members. Using a qualitative descriptive approach supported by literature studies and official government data, this research analyzes how Indonesia implemented its maritime sovereignty through legal enforcement, inter-agency coordination, and international maritime diplomacy. The findings reveal that Indonesia’s measures, such as vessel monitoring AIS/VMS technology, law enforcement through arrests and seizures, and diplomatic engagement with flag states reflect a progressive but still reactive approach. The study identifies key challenges, including limited foreign authorities. This research highlights the need for an integrated policy framework that combines hard power (law enforcement and patrols) with soft power (international cooperation, economic diplomacy, and labor protection). The study concludes that a comprehensive and collaborative approach is essential to strengthen maritime governance and ensure sustainable, equitable management of Indonesia’s marine resources.

, Faradila Faradila; Nur Arifudin; Nomensen Freddy Siahaan

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Lembaga Pengembangan Kinerja Dosen

This is related to the rights of traffic accident victims regulated in Article 240 of Law 22 of 2009 concerning Road Traffic and Transportation "traffic accident victims have the right to receive compensation from the party responsible and are entitled to insurance compensation from the insurance company". Article 1365 of the Civil Code, every person who commits an unlawful act is obliged to compensate for the losses arising from his or her mistake. In fact, many accidents occur due to damaged roads in Samarinda City, so this is one of the factors causing traffic accidents.The aim of this research is to answer two things. First, to find out and examine unlawful acts by the authorities in cases of traffic accidents due to damaged roads. Second, we want to know and examine the legal responsibilities of road operators. In this part of the research, we review and explore the relevant laws that regulate and are relevant to claims for compensation against road operators by victims of traffic accidents due to damaged roads.The results obtained from this research are as follows: 1) In this case, the occurrence of traffic accidents in terms of the last 5 years continues to show a significant increase, which means that the government has not maximally provided the community's rights, namely to have good roads. One of the causes of accidents is damaged roads, but to date no member of the public has filed a civil lawsuit against the government for compensation for the pain they suffered. 2) The government's regulations and efforts to provide protection for road users are sufficient, but they are not implemented optimally, in fact the public has never been given an appeal to demand their rights to receive good roads.  

Fadhilatul Amaliya; Anindya Rahma Fathiya; Tiara Jelita Andalusianti Roozan; Isna Nurul Hasanah; Dewi Sekar Pembayun

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Lembaga Pengembangan Kinerja Dosen

The Lapindo Brantas case is the largest environmental disaster in Indonesia, causing significant environmental damage and widespread economic and social impacts on the surrounding community. This incident sparked debate about corporate legal responsibility for the damage that occurred. This study aims to thoroughly evaluate the responsibility of the Lapindo Brantas corporation using the responsibility theory approach and Law Number 32 of 2009 concerning Environmental Protection and Management. The methods used are normative with case studies and legislative analysis to understand the mechanism of corporate legal responsibility in the context of environmental disasters. The findings of this study indicate that corporations can be held criminally liable for environmental damage, and in the case of Lapindo Brantas, the company bears legal responsibility in accordance with the principle of strict liability as stipulated in Law Number 32 of 2009. This study emphasizes the urgency of applying the principle of corporate responsibility as an important part of environmental law enforcement in Indonesia.

Lia Rahmawani Dalimunthe; Indra Afrita; Robert Libra

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Lembaga Pengembangan Kinerja Dosen

In article 157A of Law Number 6 of 2023 that in the process of termination of employment, employers and permanent workers must carry out their respective obligations, employers can carry out suspension actions and still pay wages and other rights, but in reality employers rarely apply article 157A. The purpose of the research is to analyze the Implementation, Obstacles and Efforts on Workers' Rights in Wage Payment During the Termination of Employment Process at Palm Oil Company in Siak Regency. This type of research is Sociological legal research. In this research, three approaches are used, namely the legislative approach and the data source case approach using primary data and secondary data. The data collection technique used is primary data through interviews and questionnaires. The conclusion of this study is the legal protection of workers' rights during the termination of employment by the company through the settlement of industrial relations disputes in which there are various interpretations regarding the wage process. Article 157A of Law Number 6 of 2023 states that the responsibility of employers and workers remains valid until the industrial relations dispute settlement agency makes a decision. The implementation in the process of termination of employment is that workers are no longer allowed to work by the company but do not carry out suspension actions, but there are many companies that do not carry out things regulated by law. With the existence of multi-interpretation regulations on wages, the process provides uncertainty for workers, as well as in the interim decision submitted by the worker/plaintiff which is rejected by the judge which is clear that the worker can prove that the employer does not carry out his obligations as it should.

Kartika Kartika; Eka Susilawati; Fithrotul Kalimah; Rizqi Fitrianti; Arfian Suryasuciramadhan

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

This study aims to analyze the role of communication in Customer Relationship Management (CRM) systems in creating customer satisfaction at PT Bangkit Jaya Teknik Indonesia, a business-to-business (B2B) cold storage installation service company. The research background lies in the increasing number of customer complaints during 2022–2024, mainly due to delayed responses, suboptimal after-sales service, and the absence of a centralized communication record system. This study employed a qualitative approach with a case study design. Data were collected through observation, semi-structured interviews with internal parties (marketing project, project manager, project PIC) and customers, as well as company archival documentation. The findings reveal that responsive, open, and two-way communication plays a significant role in enhancing customers’ sense of being valued, trust, and loyalty, which ultimately fosters satisfaction. However, communication barriers such as delays in after-sales service, gaps between customer expectations and company procedures, and the lack of a communication database remain major challenges. To overcome these, the company has initiated strategies including the development of a customer communication database, improved after-sales monitoring, and the adjustment of communication standard operating procedures to align with customer needs. These results reinforce the relevance of Relationship Management theory and the IDIC model, both of which emphasize communication as the core of CRM. Theoretically, this study contributes to organizational communication studies, while practically, it provides recommendations for B2B service companies to prioritize communication in CRM strategies to strengthen customer satisfaction and loyalty.

Risma Dewi Hartanti; Ainur Ropik; Reni Apriani

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

This study examines the dynamics of urban politics in the policy of the Palembang City Government regarding the management of disorganized electrical cables. The problem of irregularly hanging cables, mixed with telecommunication lines, and often dangling too low poses safety risks, reduces the city’s aesthetics, and reflects weak governance of urban infrastructure. This research employs a qualitative approach using a case study method. Data were collected through field observations, in-depth interviews with relevant stakeholders, and documentation. The research informants consisted of representatives from the Palembang City Government, PLN (the state electricity company), telecommunication providers, and affected communities. The findings indicate that cable management policy is a concrete effort by the government to create an orderly, safe, and modern urban spatial arrangement. The Palembang City Government seeks to reorganize the overhead cable networks while simultaneously planning the development of underground utility ducts as a long-term solution. However, the implementation of this policy faces several challenges, particularly conflicting interests among stakeholders: PLN emphasizes operational efficiency, telecommunication providers resist additional financial burdens, while the public demands quick action but shows limited participation. This study concludes that the issue of cable management is not merely technical but also represents an arena of urban political contestation among the state, the private sector, and society. Effective solutions require cross-sectoral coordination, strong regulatory frameworks, collaborative financing, and active community involvement. Through a comprehensive approach, cable management in Palembang City has the potential to enhance public safety, improve urban aesthetics, and strengthen government legitimacy in sustainable urban governance.

Siska Andriani Putri; Ratnaningrum ZD; Rakhmad S. Ramadhani

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

The development of digital technology has brought significant changes in the patterns of social interaction in society. Social media, especially TikTok, now functions not only as a means of entertainment but also as an effective medium for disseminating social, cultural, and humanitarian values. One interesting phenomenon in this context is the emergence of altruistic content, namely messages that represent caring, kindness, and selfless assistance. Content with altruistic nuances has its own appeal because it can create emotional closeness with the audience and has the potential to be used by business actors as a communication strategy to build a positive brand image. This study aims to identify and describe the forms of altruistic messages displayed in the TikTok account @mr.kingthread owned by Batik Benang Raja. The study used a descriptive qualitative approach with a content analysis method based on the altruism theory of Eisenberg and Mussen, as well as the six stages of content analysis according to Klaus Krippendorff. Data were collected from 24 videos uploaded between January 1–31, 2025, through observation and documentation techniques. Then, they were analyzed and categorized into six indicators of altruism: sharing, cooperation, helping, donating, honesty, and generosity. The results of the study show that @mr.kingthread's content consistently displays altruism through sincere, emotional, and easily accepted actions by the audience. The aspect of donating emerged as the most dominant element, followed by aspects of cooperation, helping, and sharing. The natural, authentic, and uncontrived message delivery strengthens emotional closeness with the audience and increases public trust in Batik Benang Raja's image as a brand that cares about humanitarian values. In conclusion, the altruism-based communication strategy through TikTok has proven effective in spreading humanitarian values, strengthening the company's positive image, and fostering a spirit of sharing among the audience.  

Oki Indra Setiono; Anwar Budiman; Retno Kus Setyowati

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

This study discusses the implementation of consumer law in the context of gold investment through PT X's digital application and the consumer protection guarantee mechanisms presented in the system. The research method used is normative juridical, namely a method that emphasizes the study of applicable positive legal norms, legal doctrine, and the application of relevant legal principles. The results of the study indicate that the implementation of consumer law in digital-based gold investment has been carried out in accordance with contractual principles as stipulated in civil law and in line with the provisions of Law Number 8 of 1999 concerning Consumer Protection. In practice, gold investment transactions through the X application are carried out with a mixed agreement containing elements of sale and purchase, deposit, and pawn. This is an important basis because the legal relationship between consumers and companies is not only a single transaction, but a combination that requires guaranteed protection of consumer rights. The legal basis for this mechanism is reflected in the X Digital Application Operational Guidelines Number 28 of 2024, which detailed administrative procedures, application usage requirements, and the implementation of consumer protection principles as stipulated in Articles 4, 7, 18, and 45 of the Consumer Protection Law. Thus, the implemented system not only emphasizes commercial aspects but also ensures a balance between the rights and obligations of consumers and businesses. This study highlights how digital transformation in financial services requires a robust legal framework to protect consumers from potential risks. Therefore, internal company regulations and guidelines play a strategic role in ensuring fairness and providing a sense of security for people investing in gold through digital applications.  

Nanik Indah Setyani; Anwar Budiman; Saefullah Saefullah

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

This study examines the legal liability of a Limited Liability Company (LLC) before and after bankruptcy, with a focus on the roles of the board of directors, board of commissioners, and the curator appointed by the Commercial Court. Prior to bankruptcy, the liability for the company's obligations rests primarily with the board of directors and the board of commissioners, especially when debts arising from binding agreements remain unpaid. In situations where the company is unable to fulfill its payment obligations, and such inability is confirmed by a final court ruling, responsibility for managing and settling the company’s debts and assets is transferred to a court-appointed curator. The research analyzes the legal framework governing the curator’s authority, which operates under the supervision of a supervisory judge from the Commercial Court. The curator acts as the sole party responsible for handling the bankrupt entity’s obligations to creditors, ensuring compliance with applicable bankruptcy laws. This study uses a normative juridical approach, relying on legislation, case law, and legal doctrine to examine the extent of responsibility at each stage of the bankruptcy process. Special attention is given to the legal considerations of the Central Jakarta Commercial Court in Decisions Number 34/Pdt.Sus-Pailit/2024/PN Niaga Jkt.Pst and Number 38/Pdt.Sus-Pailit/2024/PN Niaga Jkt.Pst. Both rulings are found to be appropriate, as they meet the legal requirements for declaring an LLC bankrupt based on verified facts and circumstances. The findings underscore the importance of distinguishing between pre-bankruptcy liabilities—borne by company management—and post-bankruptcy responsibilities, which are entirely managed by the appointed curator. This clear allocation of responsibility ensures creditor protection, maintains judicial oversight, and upholds the principles of fairness and legal certainty in bankruptcy proceedings

Ginting, Jan Efraim Hartonta; Wirogioto, Ali Johardi; Saefullah Saefullah

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

One form of crime that is highly relevant in the context of today's society is the crime of embezzlement in office. This embezzlement can be defined as a dishonest act committed by one or more individuals by hiding goods or property belonging to another person without the owner's knowledge. This action aims to transfer ownership of the goods, which can be categorized as theft, taking possession of goods, or using the goods for unauthorized personal gain. In many cases, embezzlement in office often involves individuals who have access or authority over company assets, making it easier for them to commit misuse. This study applies a normative juridical research method to analyze existing problems in the context of criminal law. This method allows researchers to explore and understand applicable legal norms and how they are applied in real cases. The results of the study show that the Judge's Ratio Decidendi in imposing sanctions on cases of embezzlement in office, as stated in Decision Number 542/Pid.B/2023/PN Cbi and Decision Number 355/Pid.B/2024/PN Cbi, is based on a number of in-depth legal considerations. In this case, the judge first explained the elements contained in Article 374 of the Criminal Code (KUHP) charged by the public prosecutor. The defendant was found guilty of committing embezzlement in office by embezzling company funds for personal gain. Therefore, the defendant was sentenced commensurate with his actions, which violated Article 374 of the Criminal Code. Criminal liability for the perpetrator of the crime of embezzlement in office has been legally and convincingly proven, with all elements of the charge having been fulfilled. This indicates that the perpetrator can be subject to sanctions in accordance with applicable legal provisions, thus providing a deterrent effect and upholding justice in the criminal law system. This research is expected to contribute to the development of understanding regarding embezzlement in office and its legal implications in Indonesia, as well as encourage more effective law enforcement in handling similar cases in the future.

Adri Sadewa Sirait; Berkat Perjuangan Ndruru; Roy Nanda Kesuma; Bambang Fitrianto

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

Trade secrets are an important part of Intellectual Property Rights (IPR) that play a strategic role in maintaining a company's competitive advantage. Protecting information that is not generally known, has economic value, and is kept confidential is very important, especially in the midst of globalization and technological advances that increase the risk of information leakage. Law No. 30 of 2000 concerning Trade Secrets is the main legal basis in Indonesia, in line with international agreements such as WTO/TRIPS. This research uses normative juridical methods to analyze trade secret legal protection, including based on property rights theory, contract theory, and tort theory. In addition, the role of employment contract clauses that regulate obligations to maintain confidentiality and prohibitions on working for competing companies after termination are discussed as preventive strategies. This research confirms the importance of awareness and concrete legal steps from business owners to protect their trade secrets effectively.

Yohanes Reston N.A Laia; Yasmirah Mandasari Saragih; Sari Sania Tampubolon; Faisal Faisal; Andi Gultom

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

The acceleration of globalization and advances in information technology have brought about significant changes in the economic field. In this context, collaboration between individuals is a key element in forming business groups that aim to achieve economic benefits. These business groups can take the form of informal businesses that do not yet have legality, as well as legal entities known as corporations. When individuals join a corporation, this also strengthens the corporation's position as a legal subject in economic activities. A legal subject (subject tumjuris) is an entity that can have and exercise rights and obligations. This situation can trigger abuse of power by corporations against the public interest, which is then known as corporate crime. Such crimes are usually committed for the sake of the company's business interests and fall into the category of white collar. crime. One form of corporate crime that is rampant is the violation of the economic rights of creators and copyright owners

Inri Maria Tanesib; Yohanes Tuan; Norani Asnawi

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

The existence of the Regional Public Company (PERUMDA) of Kupang City aims to distribute water to residents in the surrounding areas. This study aims to evaluate the performance of PERUMDA in providing clean water services in Alak District, Kupang City. This research employs a combination of juridical and empirical approaches. The study was conducted at the PERUMDA Kupang City office and in the Alak District area of Kupang City during January 2025. The population in this study includes all PERUMDA employees and drinking water customers in Alak District, Kupang City. The sample was obtained using purposive sampling techniques, consisting of the head of the customer relations division (1 person), PERUMDA employees (10 people), and community members who use PERUMDA services (50 people), resulting in a total sample of 61 respondents. Data were collected through document review and in-depth interviews guided by an interview protocol. Based on the interview results, it was found that clean water services provided by PERUMDA were still suboptimal. Although PERUMDA Kupang City already has Standard Operating Procedures (SOPs), the implementation in the field still faces various obstacles, such as unequal distribution of clean water, limited infrastructure, occasional poor water quality, ineffective complaint handling systems, and outstanding payment arrears. PERUMDA Kupang City needs to expand its clean water distribution network, improve water quality, strengthen the customer complaint system, and conduct education and outreach to the community regarding the importance of efficient water use and the obligations of the community as service users.

Imam Nugraha; Nani Nurani Muksin

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

Globalization affects the fast-moving aspects of industrialization both at the central and regional levels, accompanied by the dynamics of the development process. Lakardowo Village is one of the villages in Mojokerto Regency, East Java Province. In this village there is a hazardous and toxic waste processing industry managed by PT.PRIA which was established based on the recommendation of the Mojokerto Regent Decree in 2017. The licensing for this environmental permit has had a negative impact, namely conflict between the Lakardowo village community and the company, the Mojokerto district government, and the pro-company community. In addition, another impact of this waste treatment activity is the source of water pollution and disease in the communities living in the factory area. This article attempts to analyze the chronological sequence and forms of conflict as well as the factors that cause conflict in Lakardowo village. The research method in this article is qualitative research. The findings in the field show that the conflict has occurred for many years and experienced various dynamics of conflict forms both horizontally and vertically.

Audrey Adyuta Putri; Elisatris Gultom

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

This study aims to analyze legal certainty in the post-acquisition integration process and its impact on the protection of shareholders' rights based on the Limited Liability Company Law (UUPT) and the Financial Services Authority Regulation (POJK). Using a normative legal approach and case studies, this study finds that the absence of specific regulations, weak supervisory mechanisms, and the lack of synchronization of corporate culture are the main factors causing integration failure and potential losses for shareholders, especially minority shareholders. To realize a fair and sustainable integration process, it is necessary to strengthen internal governance based on the principles of Good Corporate Governance (GCG), risk-based supervision, and external regulatory reforms that are more responsive to business dynamics. This study recommends the active involvement of authorities in regulating post-acquisition integration and the implementation of transparent and accountable evaluation mechanisms to protect the interests of all stakeholders. These findings contribute to the formulation of a fair and adaptive integration model in the Indonesian legal and economic environment.  

Victor Karna Junior; Ghefari Albir Fachri Suherman; Lucky Dafira Nugroho

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

Default, or breach of contract, is a common problem in business transactions and can have significant impacts, both financially and non-financially. This article analyzes the various forms of default, such as failure to fulfill obligations, delays, or non-performance in accordance with the agreement. The impact of default is not only directly related to financial losses—for example through fines or damages—but can also damage business relationships and the company's reputation. Therefore, good contract design is very important in reducing this risk. Effective contract design should include clear clauses regarding obligations, deadlines, and sanctions that apply in the event of a breach. Penalty clauses are often used to provide incentives for the parties involved to fulfill their obligations. Furthermore, in the context of globalization and international transactions, it is important for contracts to include clear dispute resolution mechanisms, such as mediation or arbitration, to avoid escalation of problems. This article aims to provide practical guidance for companies in designing contracts that not only reduce the risk of default, but also ensure the sustainability of mutually beneficial business relationships. With a thorough understanding of legal risks and the implementation of appropriate mitigation measures, companies can maintain smooth operations and prevent major losses due to default.   Keywords : Default, Breach Of Contract, Contract Drafting, ,, , Mediation, Arbitration, Corporate Reputation, Risk Management.

Heni Winda Siregar; Nadila Kirani; Dea Annisa Br Tarigan

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2023 Lembaga Pengembangan Kinerja Dosen

White collar crime is increasingly prevalent in various corporate sectors and causes significant financial losses and damage to public trust. This type of crime includes embezzlement of funds, manipulation of financial statements, bribery, insider trading in the capital market, and theft of customer personal data. Although it occurs a lot, the prevention of white collar crime is still not optimal and the perpetrators are rarely prosecuted properly. This paper aims to analyze the various determinants that influence the occurrence of white collar crime in order to formulate policy recommendations and prevention strategies in the future. A systematic approach is used by applying the fraud triangle theory which focuses on the three main elements that cause fraud, namely pressure, opportunity and rationalization. The results of the study show that pressure to meet high performance targets and large bonuses often encourage individuals to commit fraud. Meanwhile, weak supervision and lack of transparency create opportunities for fraud. Perpetrators also often justify their actions, for example by assuming that they will not be caught or the value of the loss is small. The complexity of modern corporate operations also increases opportunities for white-collar crime. Effective prevention efforts must be comprehensive by involving various parties and strengthening a number of aspects as controls. The role of internal and external supervisors (auditors) of companies needs to be continuously improved, supported by modem fraud detection technology tools. Whistleblowing mechanisms need to be strengthened in every company and kept confidential to encourage early reporting of fraud indications.