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Erfan Efendi Yudi Arianto; Suprapto Suprapto; Achmad Faishal; Kamran Azizli

Discourse on Law and Society 2025 International Forum of Researchers and Lecturers

Corruption in Indonesia is not merely a moral transgression but an extraordinary economic crime that depletes national resources. The ultimate objective of corruption eradication, therefore, must be the restoration of state financial losses (asset recovery).  However, the current formulation of the criminal law system specifically Article 18 of Law No. 31 of 1999 contains a critical policy flaw. The provision of "Subsidiary Imprisonment" (Pidana Pengganti) allows convicts to substitute their financial restitution obligations with a disproportionately short prison term. This mechanism inadvertently provides an economic incentive for corruptors to conceal assets and choose imprisonment, resulting in significant state revenue loss. This study aims to critique the current penal policy formulation and propose a comprehensive reformulation of the compensation system. The research employs a normative-juridical method with a statutory and conceptual approach, utilizing the "Economic Analysis of Law" theory to evaluate the efficiency of sanctions. The study argues that the penal policy must shift from a "person-based" approach (in personam) to an "asset-based" approach (in rem). It is imperative to abolish the subsidiary imprisonment option for high-value corruption and implement "Non-Conviction Based Forfeiture" to maximize the recovery of state losses. Furthermore, this policy shift requires law enforcers with high-level cognitive skills to trace complex financial trails.

Nagita Pujiastuti Djafar; Nirwan Junus; Mohamad Taufiq Zulfikar Sarson

Jurnal Hukum dan Sosial Politik 2023 International Forum of Researchers and Lecturers

This research aims to determine the legal protection for creditors if the fiduciary guarantee deed is not registered by a notary, and the legal implications if the fiduciary guarantee is not registered by a notary. The method used in this research uses the Juridical Sociology method.The results of the research show that a fiduciary agreement which makes the object of collateral (in the form of objects) in a subsidiary agreement (acessoir) of the main agreement has weak legal protection for creditors if the agreement is not registered by a Notary through the Fiduciary Guarantee Institute, as stipulated in the Law Number 42 of 1999 concerning Fiduciary Guarantees. The legal implications for creditors' rights because they do not comply with the principle of publicity as per the applicable consensus, in this case is Law Number 42 of 1999 concerning Fiduciary Guarantees which regulates Preferential Rights and Executorial Rights.For the implementation of financing by making objects into objects, an agreement process should be carried out in accordance with the Fiduciary Guarantee consensus by referring to Law Number 42 of 1999, by fulfilling the principle of publicity as the main legal principle in material guarantee law.

Nabilla Syafira; Elisatris Gultom; Deviana Yuanitasari

Jurnal Hukum dan Sosial Politik 2023 International Forum of Researchers and Lecturers

In debt and credit problems, bankruptcy is often the last solution to resolve the problem. State-Owned Enterprises or SOEs are also not immune from debt and credit problems that lead to bankruptcy. The regulation regarding the bankruptcy of SOEs itself is regulated in Article 2 Paragraph (5) of the Bankruptcy Law and its explanation. However, problems then arise when the subsidiaries of SOEs become bankruptcy respondents. There is no legislation that specifically regulates the bankruptcy of SOEs Subsidiaries, so this has led to confusion and debate in the community regarding the status of SOEs Subsidiaries in terms of bankruptcy. The ambiguity and debate can be seen in the implications of the bankruptcy petition case filed by the Kinarya Liman Margaseta Consortium against PT Indonesia Power, which is a Subsidiary of SOEs, namely PT PLN. This research aims to find out how the position of a SOEs Subsidiary in terms of bankruptcy is reviewed from the Bankruptcy Law and SOEs Law. The type of research used in this research is normative legal research. The research specifications used in this research are descriptive analysis. The approach used in this research is a statutory approach and case approach. Based on the results of this case study, it can be seen that when viewed from the Bankruptcy Law and the SOEs Law, basically the subsidiaries of SOEs and SOEs cannot be equated in status and position. This is supported by several theories and strengthened by the Constitutional Court Decision and the Supreme Court Decision. Thus, PT Indonesia Power's bankruptcy petition should be filed by its creditors in addition to the Minister of Finance.

Rizkiyah Silvani; Dina Triwijayanti; Sumriyah Sumriyah

Jurnal Hukum dan Sosial Politik 2023 International Forum of Researchers and Lecturers

Subsidiaries are companies whose shares are controlled by other companies, Subsidiaries usually consist of groups, business units that have business fields in different fields. subsidiary companies with parent companies we are talking about PT Pegadaian with PT Bri tbk. PT Pegadaian is PT Pegadaian (Persero), the owner of the Pegadaian brand (brand) is a state-owned company that opened for the first time in Sukabumi.

Nanda Ayu Cahyanti; Rahma Dwi Pangastuti; Sumriyah Sumriyah

Jurnal Hukum dan Sosial Politik 2023 International Forum of Researchers and Lecturers

Group companies grow and develop and many group companies cannot be controlled so that they can result in monopolies. The monopoly will occur in networks or business relationships owned by group companies. This relationship can be understood as a legal entity that has a relationship within the grub company. This research method uses normative research, where normative legal research is research by collecting secondary data that is in accordance with the problem to be studied and then processed. The results of this study explain that the responbility of the holding company to its subsidiaries in group companies is a legal relationship related to the parent and subsidiary companyes. This legal relationship after the merger, the parent company has the authority as the majority shareholder of the subsidiary. Therefore the parent company will control the operation of the subsidiary. The parent and subsidiary companies have different articles of a of association are a positive law where if the articles of association are violated it will result in the cancellation of the transaction. If the subsidiary is sued and the subsidiary violates the law, the party who is aggrieved will be sued, namely the subsidiary because based on the law, the subsidiary has its own responbilities in running the company.