8 research outputs found

    Financial distress BUMN di Indonesia: Studi pada perusahaan go-public tahun 2017-2022

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    The aim of this research is to analyze whether there is an influence of the variables profitability, leverage, company size, volatility, and audit quality on the financial distress of Go-Public Companies in 2017-2022. This research contributes to covering the gap in differences in previous research results while providing a different perspective by using corporate sector moderating variables in analyzing the financial distress of Go-Public BUMN in Indonesia. The data population that will be used is Go-Public companies listed on the Indonesia Stock Exchange (BEI) in the research period 2017-2022. The research results show that partially leverage has a negative effect and company size has a positive effect on financial distress, while stock volatility has no negative effect and audit quality has no positive effect on financial distress of BUMN in Indonesia as proxied by the Altman Z-Score value. However, simultaneously, these four variables have an influence in predicting the financial distress of BUMN listed on the Indonesia Stock Exchange for the 2017-2022 period. The moderating variable in this study shows that all sectors examined in this study are able to provide a negative moderating impact on audit quality and a positive impact on the company size variable

    Kriteria Alat Bukti Elektronik yang Sah dalam urgensi pembaharuan KUHAP

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    The background of this journal writing is the absence of clear provisions in the Indonesian Criminal Procedure Code (KUHAP) or other specific laws that comprehensively regulate the criteria for valid electronic evidence. Therefore, a legal reform is needed in Indonesia's national criminal procedure law that is more relevant in addressing the current legal developments. Through legal research methodologies such as the statutory approach, case approach, historical approach, comparative approach, and conceptual approach, the author identifies the importance of reliable, credible, relevant, and material requirements in determining the criteria for valid electronic evidence. Furthermore, the acquisition of such electronic evidence should also adhere to the principles of Exclusionary Rules in order to uphold human rights. Subsequently, the Draft Criminal Procedure Code (RUU KUHAP) has regulated electronic evidence, which was previously not addressed in the previous version of the KUHAP. Thus, the importance of KUHAP reform is to establish a fair and adversarial criminal procedure legal principle

    DILEMA PASAL 121 AYAT (3) KONVENSI HUKUM LAUT INTERNASIONAL 1982 TENTANG BEBATUAN KARANG (STUDI KAJIAN PUTUSAN SOUTH CHINA SEA ARBITRATION)

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    Tulisan ini akan membahas secara spesifik problematika dilematis yang terjadi ketika Pasal 121 ayat (3) Konvensi Hukum Laut Internasional 1982 (1982 United Nation Convention on the Law of the Sea) dihadapkan pada praktik-praktik internasional yang dilakukan oleh negara pantai atas eksistensi bebatuan karang yang terdapat di dalam zona maritim negara pantai. Dalam tulisan ini, penulis berpendapat bahwa Pasal 121 ayat (3) Konvensi Hukum Laut 1982 ternyata sangat sulit untuk dipahami dan hal tersebut mengakibatkan klaim negara pantai atas perlakuannya terhadap bebatuan karang menjadi variatif dan menimbulkan kebebasan bagi negara pantai untuk menginterpretasikan Pasal 121 ayat (3) KHL 1982 seturut dengan kepentingan geopolitik dan kebijakan strategisnya. This paper will specifically discuss the dilemma that occurs when Article 121 paragraph (3) of the 1982 International Convention on the Law of the Sea (1982 UNCLOS) is confronted with international practice of the coastal state over the existence of rocks in their maritime zones. In this paper, the author argues that Article 121 paragraph (3) UNCLOS is quite arduous to be understood, causing a varied interpretation from the coastal state regarding a claim of rocks in their respective maritime zone according to their geopolitical interest and policies strategy

    Constructing the Concept of Commissioner Judge in Enforcing the Exclusionary Rules Principle in Indonesia

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    Pretrial aims to protect human rights from misuse of authority by law enforcement officials. The concept of commissioner judges, which aims to be a substitute for the current pretrial procedure. It is expected to achieve the objectives of criminal procedural law that respects human rights by upholding the exclusionary rules principle. This study aims to understand the role of the commissioner judge in upholding the principle of exclusionary rules to achieve a criminal legal process that respects human rights. Further, a normative approach used statutory, conceptual, and comparative legal approaches. The author tries to discover the concept of a commissioner judge upholding the exclusionary rules principle to assess the validity of evidence obtained by law enforcement officials. It is hoped that the objectives of criminal procedure law that protect and guarantee the interests of human rights can be achieved by the concept of commissioner judge.Pretrial aims to protect human rights from misuse of authority by law enforcement officials. The concept of commissioner judges, which aims to be a substitute for the current pretrial procedure. It is expected to achieve the objectives of criminal procedural law that respects human rights by upholding the exclusionary rules principle. This study aims to understand the role of the commissioner judge in upholding the principle of exclusionary rules to achieve a criminal legal process that respects human rights. Further, a normative approach used statutory, conceptual, and comparative legal approaches. The author tries to discover the concept of a commissioner judge upholding the exclusionary rules principle to assess the validity of evidence obtained by law enforcement officials. It is hoped that the objectives of criminal procedure law that protect and guarantee the interests of human rights can be achieved by the concept of commissioner judge

    Konsep Penyelesaian Sengketa Pertanahan Di Indonesia Berlandaskan Prinsip Keadilan Restoratif

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    Land conflicts are often resolved through litigation considering the legal regulations that force land disputes to lead to criminal and civil justice as well as the TUN. The Land Office as the organizer of the management and registration of land rights can carry out mediation in accordance with the provisions of the Minister of Agrarian and Spatial Planning Regulation Number 21 of 2020 concerning Handling and Settlement of Land Cases. However, it is limited to certain criteria and cannot resolve problems related to land crimes and civil rights disputes. Through this research, the author proposes the concept of institutions and special rules that regulate penal mediation and civil mediation related to land conflicts in order to achieve restorative justice for the parties to the dispute. Because of this, there is a need for special institutions and special rules regarding the resolution of land conflicts through mediation in order to achieve restorative justice that is cost-effective and has a short resolution period
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