Journal of Law and Policy Transformation
The published paper is the result of research, reflection, and criticism with respect to the themes of legal and policy issues contains full-length theoretical and empirical articles from national and international authorities which analises legal and policy development, reformation and transformation.
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<![CDATA[Harmonization Of Procedure: Changes In The Composition Of Shareholders In Limited Liability Company ]]>
<![CDATA[Deseka, Christino]]>
<![CDATA[ Journal of Law and Policy Transformation Vol 9 No 2 (2024) ]]>
Publisher : <![CDATA[Universitas Internasional Batam ]]>
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DOI: 10.37253/jlpt.v9i2.9154
<![CDATA[A limited liability company is one of the legal entities in recognized in Indonesia. As a legal entity, limited liability company will continue to exist even if there are changes in its shareholders. When there are changes in the composition of company’s shareholders, it must be notified/reported to the Minister of Law and Human Rights to be listed in the Company Register. If such notification has not been carried out, according to the prevailing provision, the Minister will reject any application for approval or notification based on the composition or names of shareholders who have not been notified. Regarding the reporting to the Minister regarding the changes of the composition of company’s shareholders, it is regulated in UUPT and Permenkumham 21/2021. This study analyzes the consistency of both regulation in regulating the procedure in reporting the changes in the composition of company’s shareholders within limited liability companies to the Minister. This research used normative legal research. The results of the research show that there are significant difference in reporting procedure, which may lead to various legal and implementation issues. These findings suggest the need to revise existing regulations to ensure consistency, clarity and legal certainty in reporting changes in shareholder composition in Indonesian companies.]]>
<![CDATA[A Comparative Legal Study of Commissioner and Shareholder Authority over Director Negligence Case: Indonesia vs. Singapore ]]>
<![CDATA[Binti Yussofi, Putri Saphira Audesti]]>;
<![CDATA[Seroja, Triana Dewi]]>;
<![CDATA[Hutauruk, Rufinus Hotmaulana]]>
<![CDATA[ Journal of Law and Policy Transformation Vol 9 No 2 (2024) ]]>
Publisher : <![CDATA[Universitas Internasional Batam ]]>
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DOI: 10.37253/jlpt.v9i2.9813
<![CDATA[In terms of conducting business interactions through a PT, it is not uncommon for investors from Indonesia and Singapore to experience disharmony in practice, such as negligence by the board of directors that results in harm to the company. Therefore, it is important to have an effective legal mechanism to challenge such negligence so there is an urgency to identify and understand the differences between the legal framework in Indonesia and Singapore in dealing with directors' negligence is important for stakeholders to adopt best practices and improve corporate governance. The results show that derivative rights in Singapore provide a more effective and efficient tool for shareholders to challenge directors' negligence, with clearer legal procedures and stronger legal protections compared to Indonesia. The study concludes that the adoption of best practices from Singapore can improve corporate accountability and governance in Indonesia.]]>
<![CDATA[Intellectual Property Protection in Startup-Freelancer Relationships: An Analysis of the Legal Vacuum in Copyright and Trade Secrets ]]>
<![CDATA[Iswara, Vizta Dana]]>;
<![CDATA[Syarief, Elza]]>;
<![CDATA[Sudirman, Lu]]>
<![CDATA[ Journal of Law and Policy Transformation Vol 9 No 2 (2024) ]]>
Publisher : <![CDATA[Universitas Internasional Batam ]]>
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DOI: 10.37253/jlpt.v9i2.9836
<![CDATA[Startups play an important role in the digital economy by bringing innovation and growth. Intellectual property can be in the form of copyrights, patents, trade secrets and trademarks owned by a startup business. However, the protection of intellectual property, especially copyrights and trade secrets, still faces major challenges. This article examines the legal lacuna in intellectual property protection, particularly regarding the relationship between startups and freelancers who often contribute valuable ideas and works. Using Philipus M. Hadjon's theory of legal protection and Gustav Radbruch's theory of legal certainty, this article highlights the need for stricter regulation to address the legal vacuum. Reforms are needed to improve trade secret protection and ensure better legal certainty. The conclusion suggests that strengthening intellectual property regulations will support the sustainability and competitiveness of startups, as well as protect their innovative assets in a competitive digital environment.]]>
<![CDATA[Position Of Children In The Distribution Of Inheritance From Incestual Marriage According To Islamic And Civil Law ]]>
<![CDATA[Pitaloka, Diva]]>;
<![CDATA[Havez, Muhammad]]>;
<![CDATA[Jumadi, Joko]]>;
<![CDATA[Putri, Ria Wierma]]>
<![CDATA[ Journal of Law and Policy Transformation Vol 9 No 2 (2024) ]]>
Publisher : <![CDATA[Universitas Internasional Batam ]]>
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DOI: 10.37253/jlpt.v9i2.9874
<![CDATA[Marriage is a sacred process with several legal requirements that must be obeyed when one of the conditions for the validity of a marriage is not fulfilled. Furthermore, if things contained in the prohibition of marriage, such as committing inbreeding or incest, then the marriage is considered invalid or can even be canceled by law. When a marriage is considered invalid or even annulled by law, it will have legal consequences for the position of children born from the marriage, including the position of children in inheritance. This research uses a normative legal approach method that uses doctrines and principles of law as a reference and uses primary and tertiary legal materials. From this research, it can be concluded that inbreeding or incest is considered invalid in Indonesia, so it results in the position that children born from incest relationships are illegitimate children and are also referred to as adulterous children or discordant children (civil code). In terms of inheritance, children of incest have no inheritance at all. Both Islamic and Civil Law state that children of incest only have relation to their biological mother and mother's family, while to their biological father, there are no relations at all because they have no obligation to inherit each other and only have a right to demand the necessary maintenance from their biological father asset’s]]>
<![CDATA[Implementation And Strengthening Oversight Function In The DPRD of Gorontalo Province ]]>
<![CDATA[Tome, Abdul Hamid]]>;
<![CDATA[Arief, Supriyadi A.]]>
<![CDATA[ Journal of Law and Policy Transformation Vol 9 No 2 (2024) ]]>
Publisher : <![CDATA[Universitas Internasional Batam ]]>
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DOI: 10.37253/jlpt.v9i2.9929
<![CDATA[The oversight function is one of the functions of the DPRD, but it has not worked well in practice. Therefore, through this research, we are trying to generate ideas regarding implementing the DPRD's oversight function on regional government administration, mainly carried out by the Gorontalo Province DPRD. This research is empirical legal research because it examines problems in the legal field, namely in the Gorontalo provincial DPRD as the research object. This qualitative research approach is a way of analyzing research results that produce descriptive data. This research concludes that the form of implementation of the oversight function carried out by the Gorontalo Province DPRD is in two forms, namely: supervision in hearings by inviting stakeholders and direct visits, both planned and unannounced (sudden inspections), as well as supervising the implementation of follow-up actions—results of examination of financial reports by the Financial Audit Agency. Therefore, the implementation of the oversight function carried out by the Gorontalo Provincial DPRD can be improved through the use of social media in receiving reports from the public so that it will make it easier for the monitoring mechanism by the Gorontalo Provincial DPRD as well as to control budget availability in the implementation of regional regulations so that budget allocation for the implementation of regional rules is appropriate. It has been established and can be used efficiently and accountably.]]>
<![CDATA[Corporate Social Responsibility in Limited Liability Companies in National Mining Law ]]>
<![CDATA[Febiola, Cahya Putri]]>;
<![CDATA[Susanti, Susi]]>;
<![CDATA[Pratiwi, Charine Alya]]>;
<![CDATA[Rumelawanto, Fajar Putra Prastina]]>
<![CDATA[ Journal of Law and Policy Transformation Vol 9 No 2 (2024) ]]>
Publisher : <![CDATA[Universitas Internasional Batam ]]>
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DOI: 10.37253/jlpt.v9i2.10109
<![CDATA[Corporate Social Responsibility (CSR) is a social and environmental responsibility that must be implemented by companies in the natural resources sector, including mining, in accordance with Law Number 40 of 2007. This research aims to analyze CSR regulations in Indonesia, especially in the mining industry, and evaluate CSR regulations in the Limited Liability Company Law and Mineral and Coal Law and their derivative regulations. This research also highlights provisions regarding reclamation, post-mining activities, and community empowerment as a form of CSR in the Minerba Law. Using the normative analysis method, it was found that there was a regulatory gap between Minerba Law with PP 78/2010 related to occupational health, which is an important part of social responsibility. Therefore, the implementation of CSR in the mining sector still faces challenges, especially in ensuring that mining companies carry out their obligations consistently. This research recommends harmonization of regulations to strengthen legal certainty and ensure companies implement CSR in a sustainable manner to achieve environmentally sound development and social welfare. ]]>
<![CDATA[The Practice Of Deligitimization Decisions Court Due to The Intersection Of Judicial Review in Indonesia ]]>
<![CDATA[A Arief, Supriyadi]]>;
<![CDATA[Piyo, Sofyan]]>;
<![CDATA[Usman, Ramadhan]]>;
<![CDATA[Hippy, Janwar]]>;
<![CDATA[Puluhulawa, Irlan]]>
<![CDATA[ Journal of Law and Policy Transformation Vol 9 No 2 (2024) ]]>
Publisher : <![CDATA[Universitas Internasional Batam ]]>
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DOI: 10.37253/jlpt.v9i2.10120
<![CDATA[The Post-Decision Intersection Between the Supreme Court and the Constitutional Court in Indonesia. The Constitutional Court Decision No. 70/PUU-XXII/2024 and the Supreme Court Decision No. 23/P/HUM/2024, both addressing the age eligibility requirements for candidacy in the 2024 simultaneous regional elections, have reignited tensions between two branches of judicial power. This tension is further exacerbated by the decision of the House of Representatives (DPR), through a Working Committee meeting, to favor the Supreme Court’s ruling. This study aims to analyze the extent of the intersection between the Supreme Court (MA) and the Constitutional Court (MK) by examining their respective decisions. The analysis adopts a normative approach, relying on secondary data as the primary source, supported by statutory, case law, and conceptual approaches to address the core issues. The findings reveal that the overlap between the Supreme Court and the Constitutional Court in conducting judicial reviews of regulations has led to delegitimization between Supreme Court Decision No. 23/P/HUM/2024 and Constitutional Court Decision No. 70/PUU-XXII/2024. To address this issue, both courts must exercise judicial restraint, particularly regarding substantive matters with potential overlap between their jurisdictions. Such restraint is essential to prevent external parties or institutions from exploiting court decisions to advance their institutional agendas, thereby avoiding unnecessary institutional conflicts.]]>
<![CDATA[Indonesia’s Implementation in Migrant Workers Protection from Involvement Of Terrorism as ASEAN Member States ]]>
<![CDATA[Aslam, Achmad Yassin Zidan Akram]]>
<![CDATA[ Journal of Law and Policy Transformation Vol 9 No 2 (2024) ]]>
Publisher : <![CDATA[Universitas Internasional Batam ]]>
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DOI: 10.37253/jlpt.v9i2.10079
<![CDATA[As the one of the largest sending and receiving states of migrant workers, ASEAN as an international organization with regional characteristics has objectives to protect the migrant workers from the threats of terrorism crimes. This happen because there are several cases of terrorism in ASEAN member states that involves migrant workers as the victims and as well as actor in their acts, some of them are Indonesian migrant workers. Thus, ASEAN and Indonesia need the measures to combating the challenges from acts of terrorism crimes which involves migrant workers. This research aims to examine the ASEAN and Indonesia as ASEAN member states approach to combating terrorism crimes and the enforcement of migrant workers protection from the threats. Therefore, the research uses normative legal research method by using statues and case approaches. The finding in this article is ASEAN and Indonesia took several measures in legal instruments regulation to combating terrorism crimes and to protect migrant workers from the involvement of terrorism acts.]]>
<![CDATA[Harmonizing Copyright in the EU's Digital Single Market: Benefits and Barriers ]]>
<![CDATA[Damayanti, Fitria]]>;
<![CDATA[Zacky, Muhammad Farid]]>;
<![CDATA[Soeparna, Intan]]>
<![CDATA[ Journal of Law and Policy Transformation Vol 9 No 2 (2024) ]]>
Publisher : <![CDATA[Universitas Internasional Batam ]]>
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DOI: 10.37253/jlpt.v9i2.10178
<![CDATA[The rapid advancement of digital technology has reshaped global trade and commerce, particularly in the European Union (EU), where the Digital Single Market (DSM) strategy seeks to create an integrated online economy across member states. This research examines the intersection of the DSM and Intellectual Property Rights (IPR), particularly focusing on copyright protection in the digital space. The EU’s efforts to eliminate cross-border barriers, enhance e-commerce, and foster innovation have profound implications for copyright law, highlighting both opportunities and challenges for creators and businesses. Through the introduction of the EU Copyright Directive (Directive 2019/790), the EU aims to modernize copyright rules, offering greater legal certainty and protection for digital content creators. However, the digital economy also brings challenges such as geo-blocking, territorial licensing, and issues related to piracy, which hinder seamless access to digital content across borders. This study explores the benefits and obstacles of the DSM strategy in relation to IPR, providing insights into the complexities of balancing copyright protection with the need for an open and integrated digital market.]]>
<![CDATA[The Optimalization Of International Cooperation in Asset Forfeiture Under Indonesia Anti-Corruption Law Draft ]]>
<![CDATA[Suwono, Frederica Celia]]>;
<![CDATA[Sanjaya, Robin Antonius]]>;
<![CDATA[Ksatria, Amadeus Farrel]]>;
<![CDATA[Panjaitan, Ananda]]>
<![CDATA[ Journal of Law and Policy Transformation Vol 9 No 2 (2024) ]]>
Publisher : <![CDATA[Universitas Internasional Batam ]]>
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DOI: 10.37253/jlpt.v9i2.10191
<![CDATA[Corruption has been a serious matter for the Indonesian government, endangering economic stability, eroding public trust, and undermining societal well-being. Recognized as a complex and transnational crime, corruption demands strong legal and institutional action. This paper examines the potential for improving international collaboration within Indonesia’s Draft Asset Forfeiture Law as a means of addressing economic crimes. Although Indonesia ratified the United Nations Convention Against Corruption (UNCAC) through Law No. 7 of 2006, the enforcement of asset recovery measures and cross-border cooperation remains inadequate. Key shortcomings in the draft law include a lack of comprehensive guidelines for international collaboration and insufficient mechanisms for seizing assets prior to legal judgments. By utilizing global frameworks such as UNCAC and the ASEAN Mutual Legal Assistance Treaty (AMLAT), these gaps can be addressed. This study recommends revising the draft law to establish clearer international procedures, streamline asset recovery efforts, and bolster Indonesia’s capacity to combat corruption and financial crime effectively.]]>
