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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum JILS (Journal of Indonesian Legal Studies)
Darminto Hartono, Darminto
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Law, Crime, Criminology & Criminal Justice

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Analysis of the Preah Vihear Temple Dispute in the Perspective of International Law on the Acquisition of State Territorial Sovereignty Hartono, Darminto; Rani, Anisyah
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6495

Abstract

The Preah Vihear Temple dispute between Thailand and Cambodia is one of the most complex examples of border conflicts in Southeast Asia, which have lasted for more than six decades. The dispute stemmed from differences in interpretation of French colonial maps and claims of sovereignty over the area around the temple. The International Court of Justice (ICJ) in 1962 designated the Preah Vihear Temple as part of Cambodian territory, but tensions continued until finally in 2013, the ICJ reaffirmed Cambodia's sovereignty over the entire temple grounds. This study analyzes the dispute from the perspective of international law on the acquisition of territorial sovereignty, highlighting the principles of estoppel, acquiescence, and uti possidetis juris. It was found that settlement through international adjudication mechanisms provides strong legal legitimacy to Cambodia's claims, while affirming the importance of respect for the boundaries of colonial heritage in accordance with the principles of international law. This dispute also highlights the need to protect the world's cultural heritage in the midst of conflicts between countries.
Enhancing Cross-Border Justice: Facilitating Asset Recovery from Corruption Between Indonesia and Australia Through Mutual Legal Assistance Setiyono, Joko; Quiko, Eduard; Putri, Andini Kusuma; Hartono, Darminto
Journal of Indonesian Legal Studies Vol. 9 No. 2 (2024): Reforming Legal Frameworks: Justice, Rights, and Innovation in Indonesia and Be
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v9i2.877

Abstract

The level of corruption crimes that are committed in today's society is growing from year to year, and it is accompanied by other types of criminal activity, such as the concealment of assets that result from corruption in other countries. In order to eradicate a variety of crimes that have a transnational character, particularly corruption, one of the actions that can be made is to take assets that have been developed due to corruption in other countries. This can be done through Mutual Legal Assistance. Regulations about MLA have been enacted due to the passage of Law Number 1 of 2006, which discusses providing mutual assistance in criminal matters. Mutual Legal Assistance is considered to be the first stage of law enforcement, particularly in the process of recovering state assets that have been stolen as a result of corruption crimes. As a result, cooperation with other nations is required, such as the cooperation between Indonesia and Australia, which aims to return state assets that have been stolen due to corruption crimes hidden in Australia.
The Legality of Alfamart Acquisition of Lawson: Driving Into the Process With a GMS Hartono, Darminto; Rani, Anisyah
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.6496

Abstract

Acquisition is a form of corporate action that has a significant impact on the control structure in a company and generally requires the approval of the General Meeting of Shareholders (GMS) as stipulated in Law Number 40 of 2007 concerning Limited Liability Companies (UUPT). However, in practice, not all acquisitions follow this normative flow. This study discusses the legality of the acquisition process carried out by Alfamart against Lawson without going through the GMS mechanism. Using a juridical-normative approach, this article analyzes the provisions of the UUPT and derivative regulations from the Financial Services Authority (OJK), especially POJK Number 17/POJK.04/2020 and POJK Number 42/POJK.04/2020. The results of the study show that even though it did not go through the GMS, the acquisition was still legally valid because it met the exception requirements, namely the transaction value is below 50% of the total equity and the affiliate relationship does not cause a conflict of interest. Thus, Alfamart's actions have been in accordance with the applicable positive legal provisions and reflect the flexibility of the law in modern corporate practice
Co-Authors Joko Setiyono Putri, Andini Kusuma Quiko, Eduard Rani, Anisyah