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All Journal Journal Transformation of Mandalika Recht Studiosum Law Review
Hamit Tantio Lumban Gaol
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Aerospace Engineering Agriculture, Biological Sciences & Forestry Automotive Engineering Economics, Econometrics & Finance Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mechanical Engineering Medicine & Pharmacology Physics Social Sciences

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The Urgency of Implementing Step-In Rights Clauses in Project Financing Contracts in Indonesia Sitompul, Naomi Audri Klarisa; Jevvon Suherman; Hidayat Dita Nur Faizal; Hamit Tantio Lumban Gaol; Adelina Mariani Sihombing
Recht Studiosum Law Review Vol. 3 No. 2 (2024): Volume 3 Nomor 2 (November - 2024)
Publisher : Talenta Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/rslr.v3i2.18577

Abstract

The increasing infrastructure development in Indonesia today is directly proportional to the growing need for funding to support such projects. The funding model commonly used in infrastructure development is project finance, where risk management and cost allocation are shared among the project participants. As infrastructure projects become more complex and long-term, they often face various issues such as cash flow problems and losses incurred in the event of default. These issues can actually be addressed by implementing the Step-In Rights Clause, which grants the employer the right to intervene in the work of the contractor. However, the regulation of the step-in rights clause has not yet been explicitly governed by Indonesian legislation. This paper aims to explain the urgency of applying the step-in rights clause in construction contracts. The article employs a normative legal research method with a statute approach and a conceptual approach. In practice, the application of the step-in rights clause offers many advantages and has been implemented in several countries, including Australia.
Menyoal Pasal 44 Ayat (4) UU PKDRT: Antara Perlindungan Atau Normalisasi Kekerasan Ringan Dalam Rumah Tangga Hamit Tantio Lumban Gaol; Theo Octapianus Siahaan
Journal Transformation of Mandalika, e-ISSN: 2745-5882, p-ISSN: 2962-2956 Vol. 6 No. 12 (2025): Desember
Publisher : Institut Penelitian dan Pengembangan Mandalika Indonesia (IP2MI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36312/jtm.v6i12.5829

Abstract

This article examines the legal and sociological issues surrounding Article 44 paragraph (4) of Indonesia’s Domestic Violence Elimination Act (Undang-Undang Penghapusan Kekerasan Dalam Rumah Tangga/PKDRT), which is considered problematic for potentially normalizing acts of minor domestic violence. Although the PKDRT was enacted with the fundamental objective of providing protection for women and children as vulnerable groups, the formulation of Article 44(4) introduces relatively lenient sanctions and adopts a complaint-based (delik aduan) mechanism. These characteristics significantly weaken legal protection for victims and may create space for perpetrators to evade accountability. Furthermore, the absence of clear legal parameters regarding the concept of “minor violence” leads to subjective interpretation by law enforcement officials, resulting in inconsistent application of the law and undermining the realization of substantive justice. Using normative juridical and sociological approaches, this article analyzes how the provision contradicts the spirit and objectives of the PKDRT as a preventive and protective legal instrument. The study emphasizes the urgency of reformulating Article 44 paragraph (4) to eliminate ambiguity, strengthen victim protection, and ensure legal certainty. Ultimately, such reform is essential to uphold the principles of justice, humanity, gender equality, and the original purpose of the PKDRT in combating domestic violence effectively
Co-Authors Adelina Mariani Sihombing Hidayat Dita Nur Faizal Jevvon Suherman Sitompul, Naomi Audri Klarisa Theo Octapianus Siahaan