Perlindungan Hukum Keputusan Bisnis Direksi BUMN Melalui Business Judgement Rule Doctrine

Disemadi, Hari Sutra; Yusro, Mochammad Abizar; Shaleh, Ali Ismail

doi:10.23917/jurisprudence.v10i1.11006

Cited by 3 publications

(3 citation statements)

References 11 publications

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“…Accordingly, the banking industry has to deal with highly challenging work conditions that give rise to a stressful atmosphere to meet organizational competitiveness (Goetz et al, 2019). In the scenario of the COVID-19 pandemic, the performance of financial institutions is adversely affected (Disemadi et al, 2020), and the workforce of these institutions suffers from stress, anxiety, and psychological and emotional loss (Sembiring et al, 2020). Additionally, scholars expressed that PPC increases interpersonal citizenship behaviors (Khliefat et al, 2021) and innovative behaviors (Mutonyi, 2021) and decreases job insecurity (Wang et al, 2021).…”

Section: Positive Psychological Capital As a Moderatormentioning

confidence: 99%

“…These drastic measures affected the major sectors of the economy, which are considered the economy of the lifeblood of every country, for instance, financial institutions (Disemadi et al, 2020). During this pandemic, the workforce of these institutions had to perform their jobs despite the threat of catching the contagious virus (Zhu et al, 2020).…”

Section: Introductionmentioning

confidence: 99%

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Re-Engineering the Human Resource Strategies Amid and Post-Pandemic Crisis: Probing into the Moderated Mediation Model of the High-Performance Work Practices and Employee's Outcomes

Khan

Chughtai

et al. 2021

Front. Psychol.

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By incorporating the conservation of resource theory, this study examines how high-performance work practices (HPWPs) affect the employee's in-role performance (EIRP) and employee's task performance (ETP) during the coronavirus disease 2019 (COVID-19) pandemic. Furthermore, this study investigates how organization-based self-esteem (OBSE) and positive psychological capital (PPC) affect the relationship between HPWPs and outcomes of employees such as EIRP and ETP. A quantitative technique based on the survey method was used to gather the primary data of the investigation. Two hundred and eleven bank employees working in different banks of Punjab and Pakistan participated in the survey process. The PROCESS-macro was used to test the relationship among the study constructs. Our results supported all the study hypotheses, however positive psychological capital did not moderate the indirect effect of high performance work practices on employee's task performance via organization based self-esteem. This study is the earliest of its kind that focuses on HPWPs and outcomes of employees amid the COVID-19 pandemic in a developing country like Pakistan. The findings of this study provide practical implications in the post and continuing pandemic situation for organizations to human resource management to redesign workforce strategies to increase their contribution and responses to realize organizational priorities. Although researchers have explored the topic in different sectors, scant studies have investigated the potential impact, barriers, and enabling mechanisms that function as a catalyst in HPWPs during the pandemic situation.

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Section: Positive Psychological Capital As a Moderatormentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

Re-Engineering the Human Resource Strategies Amid and Post-Pandemic Crisis: Probing into the Moderated Mediation Model of the High-Performance Work Practices and Employee's Outcomes

Khan

Chughtai

et al. 2021

Front. Psychol.

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“…It is because the formulation used results in a much higher minimum wage value. "recht persoon" are similar to "natuurlijk person" in that an individual is a subject of law (Disemadi, Yusro, and Shaleh 2020). In fact, business actors have not fully recovered economically post-COVID-19 pandemic (Shammi et al 2020) and re-prepare for recession 2023 (Sabes and Sahuc 2023).…”

Section: Introductionmentioning

confidence: 99%

Critical Study of the Characteristics of the Judicial Decision on the Judicial Review of Supreme Court Decision Number 72 P/HUM/2022 on the Minimum Wage

Septyanun,

Yogi Hadi Ismanto,

Dwi Martini

et al. 2023

jurisprudence

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Purpose of study: This study aims to analyze the conflict of norms in the Regulation of the Minister of Manpower Number 18/2022 and Government Regulation Number 36/2022 on the Minimum Wage Determination Method. As a result of the conflict, losses will be borne by business actors on the increasing minimum wage based on Government Regulation Number 36/2021 and the Regulation of Minister of Manpower Number 18/2022. This creates legal uncertainty for business actors and laborers. Methodology: This study was conducted using the normative (doctrinal) research method with the approach of legislation and legal reasoning. Data sources were taken from primary legal materials, secondary legal materials, and tertiary legal materials using descriptive analysis and analytical critical thinking. Results: The Regulation of the Minister of Manpower contradicts the Law on Manpower in conjunction with Law on Job Creation. The conflict rose because the Manpower Law in conjunction with the Job Creation Law, has limited some of the additional advances of the Wage Determination Law to only the Government Regulation level. Special subjects are: 1) the procedure of the minimum wage regulation; and 2) the formula of the minimum wage calculation. On the judicial review, the judges declared the objection to the judicial review of the petitioner unacceptable. The lawsuit was deemed premature because the Regulation in lieu of Job Creation Law has not reached inkracht (permanent legal force). Applications of this study: This will be useful and beneficial for the development of legal science, especially aspects of legal reasoning involving court decisions. The results are also practical for businesses and laborers when using the methods of determining the legal and fair minimum wage. Novelty/Originality of this study: Judge's Legal reasoning in decision number 72 P/HUM/2022 on Minimum wage was not one of the objection points of the petitioners or the answer to them. A judicial decision outside of a lawsuit, or so-called ex parte decision, is a decision taken by the court without involving the parties to the trial. Keywords: Characteristics of Judge's Decision, Judicial Review, Minimum Wage Method ABSTRAK Tujuan: Untuk menganalisis pertentangan norma pada Permenaker Nomor 18/2022 dengan PP Nomor 36/2021, materi pokoknya terkait metode penetapan upah minimum. Akibat pertentangan tersebut, maka kerugian bagi pelaku usaha terhadap perbandingan kenaikan upah minimum berdasarkan PP 36/2021 dengan Permenaker 18/2022. Hal tersebut berdampak kepada ketidakpastian hukum bagi pelaku usaha dan pekerja. Metodologi: Metode penelitian normative doctrinal, dengan pendekatan Perundang-undangan, dan pendekatan penalaran hukum. Sumber data berasal dari bahan hukum primer, bahan hukum sekunder dan bahan hukum tersier. Menggunakan analisis deskriptif analitis dan critical thinking. Temuan: Ketentuan Permenaker bertentangan dengan UU Ketenagakerjaan juncto UU Cipta Kerja. Pertentangan tersebut, karena UU Ketenagakerjaan juncto UU Cipta Kerja telah membatasi beberapa pengaturan lanjutan dibawah UU terkait pengupahan hanya pada tingkat PP. Berlaku materi muatan yaitu: 1) tata cara penetapan upah minimum; dan 2) formula perhitungan upah minimum. Pada uji materiil, putusan Hakim, Menyatakan permohonan keberatan hak uji materiil dari Para Pemohon tersebut tidak dapat diterima. Gugatan dianggap masih premature, karena Perpu Cipta Kerja belum incrah. Kegunaan: Berguna dan bermanfaat bagi pengembangan ilmu hukum, khususnya aspek penalaran hukum dengan objek kajian putusan pengadilan. Berguna bagi pelaku usaha dan pekerja dalam pemilihan metode penetapan upah minimum, yang berkepastian hukum dan berkeadilan Kebaruan/Orisinalitas: Legal reasoning hakim pada putusan nomor 72 P/HUM/2022 tentang Upah Minimum, bukan merupakan salah satu poin keberatan para pemohon maupun poin jawaban dari termohon. Putusan Hakim, diluar gugatan atau disebut ex parte decision, yaitu keputusan yang diambil oleh pengadilan tanpa melibatkan para pihak dalam persidangan. Kata Kunci: Karakteristik Putusan Hakim, Uji Materiil, Metode Upah Minimum

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The Business Judgment Rule in a Progressive Legal Perspective: Essence and Implications in Indonesia

et al. 2022

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The business judgment rule is a concept of business law to provide protection for the directors and commissioners of the company regarding liability due to decisions or policies that harm the company. This concept is important to realize creative and innovative directors in carrying out business practices. This study aims to explore the progressive legal aspects of the business judgment rule concept. This research is a normative legal research oriented to the study of the concept of business judgment rule and the theoretical study of progressive law. The primary legal materials in this study include: the 1945 Constitution of the Republic of Indonesia, the PT Law, and the POJK on the Board of Directors and Board of Commissioners of Issuers or Public Companies. Secondary legal materials include: the results of studies and research that discusses the concept of business judgment rule and progressive law. Non-legal materials include legal dictionaries. The results of the study confirm that the essence of the concept of business judgment rule is to optimize the effectiveness and efficiency of the company. This includes providing guarantees for protection and legal certainty for directors and commissioners regarding liability for company losses that can be excluded through the concept of a business judgment rule. The implications of the business judgment rule in the perspective of progressive law can be done by revising Article 97 paragraph (5) of the Limited Liability Company Law to guarantee the limits of the business judgment rule more specifically so as to ensure legal certainty, prioritizing human values in progressive law as guiding values in reading the formulation of Article 97 paragraph (5) PT Law, as well as the role of judges in court through their decisions to develop the concept of a business judgment rule in practice.

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Perlindungan Hukum Keputusan Bisnis Direksi BUMN Melalui Business Judgement Rule Doctrine

Cited by 3 publications

References 11 publications

Re-Engineering the Human Resource Strategies Amid and Post-Pandemic Crisis: Probing into the Moderated Mediation Model of the High-Performance Work Practices and Employee's Outcomes

Re-Engineering the Human Resource Strategies Amid and Post-Pandemic Crisis: Probing into the Moderated Mediation Model of the High-Performance Work Practices and Employee's Outcomes

Critical Study of the Characteristics of the Judicial Decision on the Judicial Review of Supreme Court Decision Number 72 P/HUM/2022 on the Minimum Wage

The Business Judgment Rule in a Progressive Legal Perspective: Essence and Implications in Indonesia

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