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GLOBAL LEGAL REVIEW Faculty of Law Universitas Pelita Harapan Building D 4th Floor Jl. M. H. Thamrin Boulevard 1100 Lippo Village, Tangerang 15811 - Indonesia
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Global Legal Review
Published by Universitas Pelita Harapan
ISSN : 27760308     EISSN : 27761347     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Global Legal Review, published by the Universitas Pelita Harapan Faculty of Law, is a forum for published research and the scientific discussion of law. It serves as an input to the development of both national and international law. The journal is also a place to accommodate publications expected from doctoral candidate completing their dissertation both from domestic and foreign universities and/or research institutions.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "Vol 2, No 1 (2022): April" : 5 Documents clear
The Analysis of Corporate Crime in Indonesia’s Intellectual Property Laws Aditya Weriansyah; Alvin Prima Ramadani
Global Legal Review Vol 2, No 1 (2022): April
Publisher : Universitas Pelita Harapan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/glr.v2i1.5139

Abstract

White-collar crime is a type of crime that involves a large number of individuals, is carried out in a structured, large-scale manner, and results in significantly greater losses than conventional crimes. Given the growing number of organizations, the potential for white-collar crime is currently reasonably high. Corporations are able to commit various crimes, particularly those motivated by profit, such as infringements on intellectual property rights. Given that many of today's intellectual property rights holders are corporations, corporations and intellectual property rights have a strong link. This is understandable given that firms have more resources and cash to invest in developing new products that can be protected by intellectual property rights. As a result of the tight relationship between intellectual property rights and corporations, the government must be aware of potential intellectual property rights violations committed by corporations. This article aims to see if the current set of intellectual property rights legislation can handle corporate crimes. The method employed in this research is a normative juridical method with a statutory approach to produce clear findings from the formulation of corporate crime under intellectual property rights regulations. The study's findings demonstrate how unprepared existing clusters of intellectual property regulations are to deal with prospective corporate criminal activities. The criteria and system of corporate responsibility, as well as alternative consequences for firms, are pretty minimum in these numerous statutes, starting with the framing of the issue of punishment. As a result, based on vicarious liability theory and the corporate culture model, this article proposes that corporations be recognized as punishable entities under all laws controlling intellectual property rights and the establishment of firm standards and corporate obligations. In addition, this study offers suggestions for the types and amounts of punishments that might be appropriate for corporations.
Borrowing Company Names in the Practice of Procurement of Goods and Services in Indonesia Trisulo Trisulo
Global Legal Review Vol 2, No 1 (2022): April
Publisher : Universitas Pelita Harapan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/glr.v2i1.4735

Abstract

Normatively, regulations regarding the procurement of goods and services contribute significantly to the efficiency of state spending and the national economy. But in practice, there are still deviations that have the potential to violate the law. This article examines the borrowing of company names in the practice of procurement of government goods and services from the perspective of the applicable law, and the perspective of Dignified Justice. The research methodology used is normative legal research with a literature study using primary, secondary, and tertiary legal materials. As a theoretical basis, this research uses the Theory of Dignified Justice. This article shows that borrowing company names in the practice of procuring government goods and services are contrary to applicable legal norms, and can be a criminal element for providing false or fraudulent information. Existing regulations are not able to touch the practice of borrowing company names in practice. From the perspective of Dignified Justice, it is also identified as contrary to morals, nor does it meet the criteria of good faith in the agreement. To guarantee legal certainty, the practice of borrowing company names must be strictly prohibited by law, but it needs to be done without conflicting with the economic objectives referred to by the constitution.
The Impact of the Trade War Between the United States and China on ASEAN and Huawei Technologies as Reviewed by Trade, Investment, and Competition Law Jessica Natalia Widjaja
Global Legal Review Vol 2, No 1 (2022): April
Publisher : Universitas Pelita Harapan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/glr.v2i1.3818

Abstract

The Trade War between the United States and China is impacting the worldwide economy, especially ASEAN part nations. The aim of this paper is to look at the effect of the US-China exchange battle on ASEAN and Huawei Technologies. It is separated into four sections: the initial segment will clarify the idea of worldwide exchange as it is analyzed by profession, speculation, and rivalry law, the subsequent part will clarify the exchange battle between the US and China as it influences ASEAN and Huawei Technologies, and the third part will clarify the job of RCEP as a guide to ASEAN and Huawei Technologies. The result of the analysis shows that the exchange battle between the US and China can be settled by building up an unbiased association as the Regional Comprehensive Economic Partnership (RCEP), and that substantial advances can be taken to lessen dependence on the US and China by diminishing commodities and imports, just as expanding and working on the quality of domestic items. 
Legal Policy of Implementation of Organizing Umrah Worship in Indonesia Desnadya Anjani Putri
Global Legal Review Vol 2, No 1 (2022): April
Publisher : Universitas Pelita Harapan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/glr.v2i1.4072

Abstract

Umrah is a worship for Muslims in the Holy Land of Mecca. The provision of umrah worship in Indonesia is stipulated in Law of Republic of Indonesia Number 8 of 2019 concerning the Implementation of Hajj and Umrah Worship and amended  under Law Number 11 of 2020 concerning Job Creation. The hope of being able to perform worship safely and comfortably does not always go well, because in fact there are still many problems that would have to be faced by umrah pilgrims. Referring to the Directory of Supreme Court's of Indonesia, every year there are cases registered in the Court regarding the Umrah Worship Travel Organizer, both in the civil lawsuit and criminal cases, this shows that there is still weak protection for umrah pilgrims. This research aims to explore and analyze regulations regarding the conduct of umrah worship in Indonesia, implementation of regulations, as well as the ideal arrangement of umrah worship in Indonesia. Methodology of this study is based on normative legal research which carried out several approaches such as statutory approach, case approach and comparative approach. In this paper, normative legal research is also supported by empirical research. The results of this study essencially show the potential problems in the Umrah worship arrangement that result in disadvantages for Umrah pilgrims who are not get they right to assigned to holy land Macca, the weak protection provided for Umrah worship shows potential problems in the umrah worship arrangement, therefore an alignment and amendment to the implementing regulations of the Umrah worship arrangement is required, the application of the obligation to provide insurance protection of departure certainty for all umrah pilgrims with any travel package is expected to provide protection and certainty of departure umrah.
Legal Protection for Consumers of Life Insurance Products During COVID-19 Pandemic in Indonesia Fausia Isti Tanoso
Global Legal Review Vol 2, No 1 (2022): April
Publisher : Universitas Pelita Harapan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/glr.v2i1.5086

Abstract

Despite life insurance penetration rate has increased from year to year and the total premium income of the life insurance industry had reached trillions of Indonesian Rupiah by the end of 2020, it is undeniable that legal protection for consumers of life insurance products still has its shortcomings. This can be seen from the issuance of Law Number 8 of 1999 concerning Consumer Protection, in which its issuance was more or less influenced by the International Monetary Fund (IMF) during the 1998 monetary crisis. In contrast, regulation related to insurance has been stipulated decades before Indonesia’s independence through Kitab Undang-Undang Hukum Dagang (KUHD / Wetboek van Koophandel voor Indonesie) or the Indonesia Commercial Code. Adetailed regulation regarding life insurance was introduced through Law Number 2 of 1992 concerning Insurance Business which focuses on insurance companies and their supporting institutions. However, there was no specific regulation regarding protection for insurance consumers until 2013 when Financial Services Authority (OJK) issued Regulation Number 1/POJK.07/2013 concerning Consumer Protection in the Financial Services Sector which regulates consumer protection not only for insurance company, but also for other financial institutions including banks, securities company, investment advisor, pension fund, and financing company. Later, the Government of Indonesia (GoI) issued Law Number 40 of 2014 concerning Insurance in which, according to its elucidation, reflected great attention and support to protect consumers of insurance services. In 2020 during the global COVID-19 pandemic, the financial services sector was greatly affected and consequently, the condition also affected how insurance companies interact with their consumers due to some restrictions during the pandemic. In this regard, this study attempts to analyze regulations issued by GoI during COVID-19 related to consumer protection of life insurance products, within the scope of Law Number 8 of 1999, OJK Regulation Number 1/POJK.07/2013, and Law Number 40 of 2014.

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