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All Journal Reformasi Hukum Trisakti Amicus Curiae
Arif Wicaksana
Program Studi Ilmu Hukum, Fakultas Hukum, Universitas Trisakti, Jakarta, Indonesia
Law, Crime, Criminology & Criminal Justice

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TANGGUNG JAWAB DIREKTUR UTAMA TERKAIT PELANGGARAN PRINSIP FIDUCIARY DUTY Elvira Dewi Silvana; Arif Wicaksana
Reformasi Hukum Trisakti Vol. 4 No. 3 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (528.569 KB) | DOI: 10.25105/refor.v4i5.15132

Abstract

The rules that must be followed in line with the Articles of Association and Law Number 40 of 2007 regulating Limited Liability Companies place restrictions on the Board of Directors' capacity to administer the company. In practice, not all Directors actually follow the prevailing management ideas. The emergence of tax bill arrears is one example of how the Main Director of PT Bakara Bumi Energi violated the fiduciary duty concept by failing to report the company's financial accounts in a transparent way. The primary issue in this study is whether the Main Director of PT Bakara Bumi Energi violated the fiduciary duty concept and PT Bakara Bumi Energi's Main Director is accountable due to penetrating the corporate veil. Secondary data is the type of data employed in the normative juridical research type, which is descriptive in character. The study's findings were qualitatively examined by making deductions based on deductive reasoning. Because the President Director's management of the company was not based on good faith and was full of responsibility, it was determined that his actions constituted a violation of the fiduciary duty principle. He also failed to uphold the trust that the company had placed in him by being dishonest, opaque, and responsible for the company's losses.
- PERTANGGUNGJAWABAN PELAKSANA TUGAS DIREKSI ATAS PERJANJIAN BISNIS REFERRAL ASURANSI : - Ilma Zhafirah Albar; Arif Wicaksana
Reformasi Hukum Trisakti Vol. 5 No. 2 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i2.16411

Abstract

There could still be a vacancy on the Board of Directors while it fulfills its obligations and functions. The Acting Director (Plt.) of the Board of Directors is the member of the Board of Directors who fills in for absent Board members. All decisions made by the members of the Board of Directors he replaces may be made by the Acting Board of Directors. How to assess the agreements between the Plt. Board of Directors in a Limited Liability Company in UUPT and the Plt. Board of Directors on the liabilities of PT AJTM is how the issue is formulated. Normative research, which is descriptive and analytical and is based on secondary data, is the research methodology. It is qualitative analysis. namely real behavior and conclusions are drawn deductively. The results of the research and discussion illustrate that Plt. The Board of Directors is only implicitly regulated in the Company Law because their role is basically the same as the Board of Directors. Responsibility for the legal relationship that has existed between PT AJTM and third parties cannot be suspended to members of the board of directors individually, because the cooperation agreement made by a legal entity is carried out on behalf of the Company itself as a legal entity, not on behalf of individuals. In this case it can be concluded that a third party can sue PT AJTM for their rights if they have not been fulfilled.
RANGKAP JABATAN KOMISARIS BANK MANDIRI BERDASARKAN UNDANG-UNDANG BADAN USAHA MILIK NEGARA Dine Qieftiah; Arif Wicaksana
Reformasi Hukum Trisakti Vol. 5 No. 3 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i3.16428

Abstract

Concurrent positions in BUMN are still a problem, as in the appointment of the Head of the Financial and Development Supervisory Agency (BPKP) as Commissioner of PT. Bank Mandiri (Persero) Tbk. (hereinafter PT. BM). The problem is the appointment of the Head of BPKP as the Board of Commissioners at PT. The BM will cause a conflict of interest in terms of Law No. 19 of 2003 concerning BUMN and what are the legal consequences of concurrent positions on the Board of Commissioners at PT. BM and the Head of BPKP. The research is normative legal research, descriptive, analysed qualitatively, conclusions using deductive logic. The results of research are BPKP conducts audits of BUMN as a whole including PT. BM for this reason, the discussion is about the concurrent position of Muhammad Yusuf Ateh as Commissioner of PT. BM. as well as the Head of the BPKP has the cause a conflict of interest and the legal consequence is his term of office as Commissioner of PT. BM must stop or be deemed to have ended. The conclusion is that the concurrent position creates a conflict of interest and must be terminated or deemed to have ended.
PENERAPAN ASAS KELANGSUNGAN USAHA (BUSINESS GOING CONCERN) DALAM SISTEM HUKUM KEPAILITAN INDONESIA: Application of the Business Going Concern Principle in the Indonesian Bankruptcy Law System Izra Charistulus Manangi; Arif Wicaksana
AMICUS CURIAE Vol. 1 No. 2 (2024): Amicus Curiae
Publisher : Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i2.19748

Abstract

One of the four principles stipulated by Law Number 37 of 2004 concerning Bankruptcy and Suspension of Obligations for Debt Payment is the Business Continuity Principle. The concept of business continuity which is also called "Business Going Concern" focuses on the continued existence of the debtor company, so that it is hoped that bankruptcy will not occur. The problem is how to implement Law Number 37 of 2004 concerning the Principles of Business Continuity; Meanwhile, data processing was carried out qualitatively, normative research was carried out to find answers to these problems, and deductive methods were used to draw conclusions. The existing analysis results in the conclusion that Article 179 to Article 184 of Law Number 37 of 2004 justifies the application of the Business Continuity Principle.
TANGGUNG JAWAB DIREKTUR UTAMA TERKAIT PELANGGARAN PRINSIP FIDUCIARY DUTY Elvira Dewi Silvana; Arif Wicaksana
Reformasi Hukum Trisakti Vol 4 No 3 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i5.15132

Abstract

The rules that must be followed in line with the Articles of Association and Law Number 40 of 2007 regulating Limited Liability Companies place restrictions on the Board of Directors' capacity to administer the company. In practice, not all Directors actually follow the prevailing management ideas. The emergence of tax bill arrears is one example of how the Main Director of PT Bakara Bumi Energi violated the fiduciary duty concept by failing to report the company's financial accounts in a transparent way. The primary issue in this study is whether the Main Director of PT Bakara Bumi Energi violated the fiduciary duty concept and PT Bakara Bumi Energi's Main Director is accountable due to penetrating the corporate veil. Secondary data is the type of data employed in the normative juridical research type, which is descriptive in character. The study's findings were qualitatively examined by making deductions based on deductive reasoning. Because the President Director's management of the company was not based on good faith and was full of responsibility, it was determined that his actions constituted a violation of the fiduciary duty principle. He also failed to uphold the trust that the company had placed in him by being dishonest, opaque, and responsible for the company's losses.
- PERTANGGUNGJAWABAN PELAKSANA TUGAS DIREKSI ATAS PERJANJIAN BISNIS REFERRAL ASURANSI : - Ilma Zhafirah Albar; Arif Wicaksana
Reformasi Hukum Trisakti Vol 5 No 2 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i2.16411

Abstract

There could still be a vacancy on the Board of Directors while it fulfills its obligations and functions. The Acting Director (Plt.) of the Board of Directors is the member of the Board of Directors who fills in for absent Board members. All decisions made by the members of the Board of Directors he replaces may be made by the Acting Board of Directors. How to assess the agreements between the Plt. Board of Directors in a Limited Liability Company in UUPT and the Plt. Board of Directors on the liabilities of PT AJTM is how the issue is formulated. Normative research, which is descriptive and analytical and is based on secondary data, is the research methodology. It is qualitative analysis. namely real behavior and conclusions are drawn deductively. The results of the research and discussion illustrate that Plt. The Board of Directors is only implicitly regulated in the Company Law because their role is basically the same as the Board of Directors. Responsibility for the legal relationship that has existed between PT AJTM and third parties cannot be suspended to members of the board of directors individually, because the cooperation agreement made by a legal entity is carried out on behalf of the Company itself as a legal entity, not on behalf of individuals. In this case it can be concluded that a third party can sue PT AJTM for their rights if they have not been fulfilled.
RANGKAP JABATAN KOMISARIS BANK MANDIRI BERDASARKAN UNDANG-UNDANG BADAN USAHA MILIK NEGARA Dine Qieftiah; Arif Wicaksana
Reformasi Hukum Trisakti Vol 5 No 3 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i3.16428

Abstract

Concurrent positions in BUMN are still a problem, as in the appointment of the Head of the Financial and Development Supervisory Agency (BPKP) as Commissioner of PT. Bank Mandiri (Persero) Tbk. (hereinafter PT. BM). The problem is the appointment of the Head of BPKP as the Board of Commissioners at PT. The BM will cause a conflict of interest in terms of Law No. 19 of 2003 concerning BUMN and what are the legal consequences of concurrent positions on the Board of Commissioners at PT. BM and the Head of BPKP. The research is normative legal research, descriptive, analysed qualitatively, conclusions using deductive logic. The results of research are BPKP conducts audits of BUMN as a whole including PT. BM for this reason, the discussion is about the concurrent position of Muhammad Yusuf Ateh as Commissioner of PT. BM. as well as the Head of the BPKP has the cause a conflict of interest and the legal consequence is his term of office as Commissioner of PT. BM must stop or be deemed to have ended. The conclusion is that the concurrent position creates a conflict of interest and must be terminated or deemed to have ended.
Co-Authors Dine Qieftiah Elvira Dewi Silvana Ilma Zhafirah Albar Izra Charistulus Manangi