Papers by Auditya Saputra
Sebagai negara yang meratifikasi Kovenan Internasional tentang Hak Ekonomi, Sosial, dan Budaya (E... more Sebagai negara yang meratifikasi Kovenan Internasional tentang Hak Ekonomi, Sosial, dan Budaya (Ekosob), Pemerintah Republik Indonesia memiliki kewajiban hukum untuk mengimplementasikan langkah-langkah realisasi secara efektif dan terukur dalam memenuhi, mempromosikan, dan melindungi hak Ekosob seluruh warganegaranya. Permasalahannya, untuk melakukan pemenuhan tersebut dibutuhkan biaya yang tidak murah. Negara selama ini mendorong penerimaan dari sektor pajak. Dari sekian banyak instrumen perpajakan, salah satu yang dimaksimalkan penyerapannya adalah dari sektor Pajak Penghasilan (PPh). Sayangnya kebijakan PPh dalam praktiknya tidak mampu optimal menyerap karena beragam persoalan sosio-ekonomi masyarakat, misalnya tingginya angka kemiskinan dan masih banyaknya pekerja yang berpenghasilan di bawah upah minimum. Hal ini berdampak pada daya beli yang masyarakat rendah dan secara tidak langsung membuat penyerapan pajak tidak optimal. Pemerintah menerbitkan kebijakan Penghasilan Tidak Ke...
Yuridika
The absence of gig workers’ right to collective bargaining affects the human rights condition of ... more The absence of gig workers’ right to collective bargaining affects the human rights condition of the app drivers. Previous studies roughly fall into two categories: either employing the drivers as a solution or opting for law-making intervention. This paper fills the gap using a new concept based on the United Nations Guiding Principle of Business and Human Rights by exploring the businesses’ social responsibility realm. This qualitative socio-legal research finds that: (1) the clauses of the standardized partnership agreements contain unequal risks allocations, putting the independent contractors in a lose-lose situation; (2) the inability to determine the substantial domain of the contract marginalizes the partners from exercising the related social and economic rights; and (3) the pre-existed structural problems take part as a coercive forces to the partners’ free will to consent, resulting in a doubtful partnership contract validity. As a solution, the insertion of meaningful pa...
Jentera: Jurnal Hukum Vo. 4 No. 1, 2021
This paper examines the systematic consequences of a virtual police presence on viral activism. T... more This paper examines the systematic consequences of a virtual police presence on viral activism. The trend of a viral phenomenon on social media works as a manifestation of citizens' social control by creating mass pressure and humiliation as its social sanction addressed to deviations or carelessness of public officials. The authorities tend to equate the social sanction method as defamation or hate speech, so a punitive approach is to handle viral cases. Even though the context is citizen participation to exercise social control, uploading viral information is ultimately not free from legal risks. Its treatment is different from the activity of the press, protected by immunity. The presence of cyber patrols increasingly makes netizen activism recede because the virtual police's authority to reprimand and instruct content removal will hinder the delivery of viral information, which is intended to garner public control. Even though there are slices in the aspect of 'public interest, in viral activism with journalism activities, there are differences in treatment between journalistic and non-journalistic products. An alternative policy that can be taken is to expand the protection of the press regime to include viral activism to avoid potential criminalization.
This paper aimed to seek the legal issue of the tobacco industry’s hegemony and reveal how this h... more This paper aimed to seek the legal issue of the tobacco industry’s hegemony and reveal how this hegemony is latently operated. By doing so, it deconstructed the established dogma about the industry's misperceived social reputation that frequently served as justifications favoring the industry. As the only country in the Asia-Pacific region that has not yet accessed the Framework Convention on Tobacco Control (FCTC), Indonesia faced an alarming smoking prevalence rate. The situation has worsened during the COVID-19 outbreak because excessive tobacco smoking behavior increased people’s health vulnerability. Despite the destructive impact, most Indonesian citizens shared a common belief about the tobacco industry's importance to the economy. Narratives on economic contribution and the industry’s philanthropic campaigns displayed the industry as the protagonist sector and played a significant role in creating a false public opinion on the tobacco industry's reputation. Using...
Fiduciary duty is one of many principles known in corporate law. Under such ethic, the board of d... more Fiduciary duty is one of many principles known in corporate law. Under such ethic, the board of director is bound to have ethical responsibilities to govern and run the companies in accordance to the purposes of establishment, which is written in article of association. It is meant to prevent ultra vires act by the director against the interest of the company. However, in practice the principle has transformed into a different understanding. Thus, fiduciary duty principle is no longer interpreted to be under the interest the corporation but the shareholders. This is caused by capitalistic domination held by the shareholders which is commonly understood as the only source of authority in policy decision within coroporate management system. The issue become sensitive when there exists an irrational GMS decision to be executed by the board such as one that considerably will harm the company's sustainability and going concern. Facing lose-lose situation, the board will choose the safest decision whose softer consequences, that means following the GMS decision, rather than putting the company interest at the top. This kind of circumstance is often happening in middle-down scale of corporation in Indonesia.
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Investment activities are an important indicator in the sustainability of national development pr... more Investment activities are an important indicator in the sustainability of national development programs. BKPM holds strategic authority in carrying out investment coordination. The authority is complemented by administrative functions in the implementation of licensing, supervision, and the medium of settlement of investment disputes. The malfunction of administration in this paper is defined in the scope of exceeding the authority in carrying out investment coordination. The case analyzed in this paper is one of the few examples of maladministration conducted by BKPM, which reflects that the investment coordination function still needs to be improved and clarified. Disputes in this paper are interpreted as disputes in a broad definition to illustrate the reality that a dispute does not always have to be resolved or decided through a judicial institution. Some of the disputes analyzed in this paper were triggered because of lack of coordination and active role of BKPM with related non-BKPM agencies.
Thesis Chapters by Auditya Saputra
Tesis , 2020
This thesis critically reviews the hegemony phenomenon in the Indonesian tobacco industry, one of... more This thesis critically reviews the hegemony phenomenon in the Indonesian tobacco industry, one of which was believed to be formed through the Corporate Social Responsibility (CSR) practices, along with its various legal and sociological implications created upon. Since 2015, Indonesia has been named as one of the countries with the highest number of teen and child smokers in the world. Such a phenomenon has been linked to various health and welfare issues which were caused by excessive cigarette consumption. Cigarette-smoking had been unwittingly associated as a normal habit in society’s daily lifestyle. Some of these problems rooted in the weak regulations at the level of legal substance, the minimum act of enforcement upon the legal structure, and the permissive legal culture which causing the issued tobacco control policy failing to work optimally. The philanthropic CSR of tobacco industries in the form of education scholarship, sport or music events sponsorship, charity, and its kind, have a stake in creating such situations. Not to mention the regulation problem on subliminal cigarette advertisement which caused the product associated with particular social construction. The analysis shows that the tobacco corporation has not yet implemented the CSR as it should under the standard of ISO 26000 and UN Guidelines on Business and Human Rights’ regime. In contrast, the focus must be on minimalizing adverse effect on society. The issue is critical since the core business is classified as dangerous and having a direct impact on public health. Instead, CSR mostly used intentionally as a promotional instrument to perpetuate the dominance of the tobacco industry, due to all the restriction policy having issued against them. It became a means to gain moral and intellectual legitimacy from the community for the tobacco industry to keep on operating its business as usual. The research findings show significant influence between the hegemony and its counter-hegemony on its consumer expectations of business responsibilities: the higher one considers the cigarette industry having positive contributions, the lower the expectations one’s head of corporate responsibility for tobacco industries. Thus, society has been failing and unaware of detecting the ethical issues within the implementation of tobacco industry social responsibility. An alternative solution to correct such anomalous CSR practices is offered within two schemes: First, ceasing the act of corporate philanthropy and diverting its allocation for the collaborative program with the third parties, in this case, the tobacco control interest group consisting of public health stakeholders including professionals to run product control program in the form of education sales units, advertising agencies; and Secondly, placing controlling agents upon sales units or retails within direct responsibility of the cigarette corporation.
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Papers by Auditya Saputra
Thesis Chapters by Auditya Saputra