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Gedung B, Fakultas Hukum, Universitas Lampung, Jln. Prof. Soemantri Brojonegoro No.1 Gedong Meneng Bandar Lampung, Indonesia 35145
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INDONESIA
Indonesia Private Law Review
Published by Universitas Lampung
ISSN : 2723259X     EISSN : 27459284     DOI : 10.25041/iplr
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
FOCUS The Indonesian Private Law Review discusses matters in the private law field, consisting of established or founded upon law actions. Subsequently, the Indonesian Private Law Review focuses on implementation to put a decision or plan into effect or execution. In the Indonesian Private Law Review, law development must integrate and synergize with other sectors of development. SCOPE The Indonesian Private Law Review scope discusses matters regarding the legal grounds, implementation, and law and development of the private law field. The journal encourages contributions on fields that have correlation or interests to the following discussions: Agreement International trade Islamic law Family law Adat law Business and economy law Intellectual Property Rights Civil Code of Indonesia or burgerlijk wetboek Commercial Code of Indonesia or Wetboek van Koopenhandel voor Indonesia.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
 1 
Search results for , issue "Vol. 2 No. 2 (2021)" : 6 Documents clear
THE DOCTRINE OF PIERCING THE CORPORATE REVIEW IN THE COURT DECISION NO. 656/PDT.G/2015/PN.MDN Abdul Rahman Praja Negara
Indonesia Private Law Review Vol. 2 No. 2 (2021)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v2i2.2310

Abstract

Limited Liability Company (Ltd.) or Perseroan Terbatas (PT) is a legal entity in Indonesia that constitutes a capital alliance formed by an agreement that features a limited liability principle. Limited liability is a principle that limits the responsibility of shareholders to the risk of the Company. However, the principle of limited liability is frequently misapplied, as shareholders look for ways to protect themselves from the risk of more significant losses, to take advantage of all company profits for personal gain. Shareholders who abuse the principle of limited liability for personal gain, on the other hand, will be subject to the Piercing the Corporate Veil doctrine. This doctrine imposes the transfer of liability for personal losses to shareholders who cause harm to the company in bad faith. Based on this understanding, this paper seeks to comprehend the application of the Piercing the Corporate Veil doctrine by analyzing Medan District Court Decision Number: 656/Pdt.G/2015/PN.Mdn. The research method used in this study was normative legal research reviewed with a statute approach and a conceptual approach. The conclusion drawn from the problem is as follows: the regulation regarding the Piercing the Corporate Veil doctrine is borne not only by shareholders but also by the Board of Directors and the Board of Commissioners who fail to implement the principles of fiduciary duty of skill and care. Furthermore, in the case of 656/Pdt.G/2015/PN.Mdn, the judge considered the provisions of Article 3 paragraph (2) of the UUPT in implementing the Piercing the Corporate Veil Doctrine by punishing the Defendants jointly and severally to indemnify the Plaintiff.
THE POLICY MODEL OF DIGITAL-BASED MICRO-BUSINESS ASSISTANCE FOR ECONOMIC RECOVERY DURING THE PANDEMIC Lukmanul Hakim
Indonesia Private Law Review Vol. 2 No. 2 (2021)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v2i2.2312

Abstract

Micro-businesses have an essential role in driving an economic revival in Indonesia. However, they are particularly vulnerable during the pandemic. The COVID-19 pandemic has significantly impacted the long-term viability of micro, small, and medium-sized enterprises (MSMEs) in the financing, production, distribution, and market demand. This paper argues that an assistance policy model for micro-businesses accelerating the economy during a pandemic is needed. It also raises the question of how government policies in developing micro-businesses. The library method, which relied on secondary data, was used to conduct the research. The result suggests that the ideal assistance model policy for MSMEs in accelerating the regional economy is by using platform-based digital technology so that the flexibility of purchasing raw materials to sales can be integrated into one and reach all consumers around the world. Government policies in developing MSMEs in the new normal era include launching the National Economic Recovery Program, as mandated by Government Regulation Number 23 of 2020, implementing stimulus programs for MSMEs such as interest subsidies and restructuring.
LEGAL CERTAINTY OF THE DEED OF AGREEMENT MADE BY A NOTARY BASED ON THE POWER TO SELL (CASE STUDY CASE NUMBER: 41/PDT.G/2016/PN.PA) Puspita Putri Ramadhani; Hasbir Paserangi; Wiwie Heryani
Indonesia Private Law Review Vol. 2 No. 2 (2021)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v2i2.2319

Abstract

Default is an omission or negligence, breaking a promise, or violating what has been agreed. One example of an engagement default is case number: 41/Pdt.G/2016/PN.PA. This case began with an agreement between Indoria Hi. The Mpasu brothers were represented by Alfian Chaniago as the authority holder with Lang Hartoyo and Rizal Tjahyadi through a letter of the agreement made by notary XX. Indoria Hi. The Mpasu brothers were unwilling to fulfill the agreement's contents and decided to cancel the agreement unilaterally because they felt they were never involved in the agreement. Based on the case above, a further question arises about how to guarantee legal certainty for authentic deeds and the consequences of the legal deed of agreement that does not follow the procedure. This study is normative legal research, which examines aspects of written law. The approach to the problem in this study is normative juridical, that is, it is based on applicable laws and regulations. In conclusion, the binding deed of the agreement made before a notary does not always go as expected. An authentic deed that does not meet formal requirements is considered imperfect, so it does not have an element of legal certainty. The legal consequence of the deed of the agreement under the power of attorney to sell that is not following the procedure is that the agreement will be null and void.
LAND DISPUTE SETTLEMENT POST LAW NO. 2 OF 2012; GLAGAH VILLAGE CASE STUDY RELATED TO NYIA AIRPORT King Faisal Sulaiman; Iwan Satriawan
Indonesia Private Law Review Vol. 2 No. 2 (2021)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v2i2.2328

Abstract

The location for the New Yogyakarta International Airport (NYIA) construction involved in land disputes during the land acquisition process. The land acquisition will always lead to disputes or conflicts with the affected people. It is even more complicated if, in the development process, the ruling elite intervenes, external forces outside the local community that are not directly related to the development. This article deals with the question of the government's public perceptions of the legal polemic of land dispute settlement based on Law No.2 of 2012, and concentrates to examine a new model of land dispute resolution from the perspective of affected communities against NYIA. This research is normative-empirical based on primary and secondary data, namely a literature study, field study, using purposive sampling with interviews, FGD, observation, and qualitative descriptive analysis. The result showed the failure of formal litigation and non-litigation approaches offered by Law No.2 of 2012 to resolve the disputes fairly. Village discussions based on local wisdom as a new model for equitable land dispute resolution needs a political review of Law No. 2 of 2012. The new paradigm of agrarian reform must be based on customary law and local wisdom values in the 1945 Constitution and the Agrarian Law. Given recent controversies concerning land disputes, a law on reform and structuring the national agrarian structure, Agrarian conflict resolution law, and law of natural resources management for the community are urgently needed.
ESTABLISHMENT OF A SOVEREIGN WEALTH FUND THROUGH INVESTMENT MANAGEMENT INSTITUTION IN REALISING OPTIMISATION OF FOREIGN INVESTMENT Muhammad Trianda Kusuma; Tariq Hidayat Pangestu; Ricky Raytona
Indonesia Private Law Review Vol. 2 No. 2 (2021)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v2i2.2376

Abstract

Investment can encourage the acceleration of a country's development. Foreign investment improve country's economy either with partial or complete control by the asset owner or depending on international agreements used in determining the scope of investment. However, several factors hinder the entry of foreign investment in Indonesia. To overcome this, government with parliament through Law Number 11 of 2020 concerning Job Creation emphasise the legal politics of forming a quo law-oriented towards improving the investment climate in Indonesia, one of which is the establishment of the Indonesian Sovereign Wealth Fund (SWF) under the name Investment Management Institution or Lembaga Pengelola Investasi (LPI). The purpose of this study is to see how the government's political will in attracting foreign investment is through the establishment of Law Number 11 of 2020 concerning Job Creation and the legitimacy of using the SWF model in the Investment Management Institute (LPI). This research uses a combination of juridical-normative and comparative case study methods. The juridical-normative method is carried out by identifying library materials. Through the comparative case study method, the research will analyse the formation and concept of SWF in India and Russia. This study found that, the LPI plays a vital role in infrastructure financing on national strategic projects and can encourage increasing national foreign exchange. Also, the exact source of institutional funds originates from foreign investors as in the Indian and Russian state mechanisms.
THE LAWS PROTECTING CHILD WITNESS IN GIVING EVIDENCE: Harmonization Between Malaysian Laws and As-Shariah. Mohamad Ismail Bin Mohamad Yunus; Nik Rahim Nik Wajis; Mualimin Mochammad Sahid; Nurliyana Shahira Baharli
Indonesia Private Law Review Vol. 2 No. 2 (2021)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v2i2.2401

Abstract

Since issues of child abuse and other crimes against children have been brought to the public's attention through the media, this article considers to highlight one of the issues relating to the protection of child. The issue of the laws protecting child witnesses in giving evidence will come into the discussion. This paper considers the issue of corroboration of the child witness in the aspects of sworn and unsworn statements to determine whether the evidence given by children will be relevant and admissible in Courts. In tackling the issues, the research methodology applied by the authors is by analyzing and evaluating the decided cases and studying the substantive laws procedure in protecting child witnesses in giving testimony in Courts. The expectation findings of this paper are to harmonize between Malaysian and Islamic law relating to the protection of child witnesses in giving evidence in the court of law. After having observed the conflicts or the problems that had stem out of the current laws and procedures governing child witnesses as to the remedies, the final part of the article proposed some solutions and recommendations from the Islamic point of view.

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