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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 6 Documents
 1 
Search results for , issue "Vol. 2 No. 2 (2022): October" : 6 Documents clear
Reconsidering The Mandatory Use Of Indonesian Language In Private Commercial Contract Suyudi, Aria; Budi, Henry Soelistyo
Global Legal Review Vol. 2 No. 2 (2022): October
Publisher : Universitas Pelita Harapan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/glr.v2i2.4997

Abstract

A decade after the enactment of Law Number 24 Year 2009 on the Flag, Language and Coat of Arms and Anthem which introduces mandatory use of Indonesian language in memorandums of understanding or agreements involving state institutions, government agencies, Indonesian private institutions or Indonesian citizens, there are still many questions arised about the extent of which these norms should apply in the private commercial sphere.  Various litigations filed before the court to declare the agreement null and void for failure to meet the language provisions. While some lawsuit has been successful, but more recent court decisions have been consistently rejecting petition to declare an agreement as null and void for failure to comply with article 31 Law Number 24 Year 2009.This paper will conduct a normative study to determine the extent of which the mandatory use of the Indonesian language in the agreement has affect the private commercial sphere. In what instance violation of the provision has been fully regarded as violation of an Objective Condition for a valid agreement as regulated in Article 1320 of the Civil Code which makes the agreement null and void by law and what does not.This paper will study the laws and regulations related to the mandatory use of the Indonesian language in private commercial contracts to find out about situation and study its implementation in selected court decisions to understand the situation and provide possible recommendation for improvements
Medical Supplies Export Controls and Bans During the Early COVID-19 Pandemic in Southeast Asian Countries Compliance with the WTO Wicaksono, Raden Mas Try Ananto Djoko; Rinaldi, Rina Putri
Global Legal Review Vol. 2 No. 2 (2022): October
Publisher : Universitas Pelita Harapan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/glr.v2i2.5133

Abstract

The global markets for crucial COVID-19 products (medical supplies) are highly concentrated. Most of developing countries are highly dependent on imports for these products. However, majority of countries implemented the export controls and bans on medical supplies due to the limitation of resources they have. This research examines the Southeast Asian policy on medical supplies export controls and bans in response to the COVID-19 Pandemic and its justification for export restrictions based on Article XI paragraph (2), Article XX, and Article XXI GATT 1994. The research methods are based on qualitative methods and normative juridical research methods. This research uses secondary data from journals, books, official documents, and websites related to the Southeast Asian Government policy on export. The results show that the justification for the export ban and restriction on medical equipment can be exempted by referring to Article XX regarding general exceptions and regarding security exceptions in Article XXI (b) (iii). Most of the Southeast Asian countries tried to follow the provisions of GATT 1994 and its reflection to be a good international citizen by compliance the international law.
Offside: The Misunderstanding in Restricting Jemaat Ahmadiyah Indonesia's Right to Freedom of Religion Ahmad, Ansar; Ramadhani, Tasya Nur
Global Legal Review Vol. 2 No. 2 (2022): October
Publisher : Universitas Pelita Harapan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/glr.v2i2.5137

Abstract

Jemaat Ahmadiyah Indonesia ("JAI") in Sintang became the victim of an intolerant action by several members of the Muslim Alliance, which attacked and destroyed the Miftahul Huda mosque belonging to the JAI that resulted in the destruction of the mosque and the burning of a building behind it. The root of the problem, turns out, is not anchored in intolerant actions by certain religious groups, instead it lies in government policies that tend to restrict JAI's right to freedom of religion. However, the restriction on the right to freedom of religion in Sintang is only the tip of the iceberg of the restrictions on JAI's religious freedom rights by the JAI’s Joint Decree. This paper discusses the role of the state in limiting the right to freedom of religion based on various human rights instruments and principles. It further determines the suitability of restrictions on freedom of religion in the JAI’s Joint Decree from a human rights perspective. This paper finds that the right to freedom of religion is a non-derogable right, but, it can be restricted under article 18 paragraph (3) of the ICCPR, which can only be applied on its manifestations that are necessary to protect public safety, order, health, or morals, as well as the basic rights and freedoms of others. Nevertheless, the restriction must be directly related to the specific need and should not be imposed or applied in a discriminatory manner or non-discriminative. Besides that, this paper finds that the restrictions in JAI’s Joint Decree are in violation of the ICCPR and the principles of the right to freedom of religion because of two things, namely the forum internum’s intervention and misunderstanding of forum externum’s restriction. First, the government has intervened JAI’s forum internum by determining that JAI’s interpretation deviates from Islamic teachings, which is prohibited due to any reason. Second, the government has erroneously imposed forum externum’s restriction by prohibiting JAI to spread its interpretation, which is also prohibited because the JAI’s forum externum has no direct relation with the disturbance of public safety, order, health, morals or the fundamental rights and freedoms of others.
Indonesia’s Approach on Cyberattack Attribution through its Foreign Policy Fatihah, Citra Yuda Nur
Global Legal Review Vol. 2 No. 2 (2022): October
Publisher : Universitas Pelita Harapan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/glr.v2i2.5140

Abstract

It is clear that cybersecurity has now become a matter of increasing concern for Indonesian citizens, the private sector and the Indonesian government. Indonesia is ranked among the top countries from which cyberattacks are launched, while at the same time is itself very vulnerable to cyberattack. Indeed, Indonesia is currently in the early stages of developing a national cybersecurity strategy. The legal framework for cybersecurity in Indonesia is still weak that there is no clear classified security law or policy, and security practices are spread across different legislation while there are no specific cybersecurity provisions in place. Indonesia also lacks of national policy and strategy when it seeks to defend itself against cyberattack, particularly those hacking activities from foreign actors or state-sponsored groups. While majority of states in the world have two different approaches on cyberattack attribution from the context of sovereignty in international law, those applied sovereignty as a rule and as a principle, Indonesia has never stated clearly its position. Therefore, based on the analysis on how Indonesia’s approach on sovereignty through its foreign policy, from the perspectives of diplomacy practices and national policies, relevant sovereignty-violation cases, and its international framework and cooperation on cybersecurity, we may conclusively view that Indonesia appears to endorse the sovereignty-as-a-rule position, where it upholds the principle of respect for state sovereignty on cyberspace.
Criminal Responsibility of Public Accountant to Tax Crime Leonardy, Ronald
Global Legal Review Vol. 2 No. 2 (2022): October
Publisher : Universitas Pelita Harapan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/glr.v2i2.5179

Abstract

Criminal Responsibility of Public Accountant regarding to the Law Number 5 of 2011 based on malicious to benefiting own self or specific party unlawfully. Meanwhile regarding to General Provisions and Tax Procedures (KUP) criminal responsibility of Public Accountant based on subjective fault in form of negligence or deliberately which cause losses to the revenues of the state. The difference base of criminal responsibility rise conflict against law enforcement of tax crime resulting Public Accountant become free or burdened with criminal responsibility. Through normative law research, the problem assessed to discover the ideal regulation for criminal responsibility of Public Accountant on tax crime with taking attention aspects of justice, benefit, and legal certainty. The research which performed with regulations approach conclude that objective fault is become ideal base of criminal responsibility for Public Accountant which having own characteristic profession. Objective fault is not determined by inner connection between the man with his act, but have firm and clear measurement. Beside that, jointly responsibility also can be combination factor for criminal responsibility base of Public Accountant on tax crime. With jointly responsibility make Public Accountant have opportunity to participate in recover losses to revenues of the state caused by tax crime. Thus, the revenues of the states which become main objectives will more guaranteed.
E-commerce is Paralyzing Distribution Contracts in Indonesia Fransiscus, Risza
Global Legal Review Vol. 2 No. 2 (2022): October
Publisher : Universitas Pelita Harapan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/glr.v2i2.5222

Abstract

The rapid development of digital technology has boosted the growth of trading systems in the world through the internet (e-commerce). The proliferation of this technology is always faster than the availability of laws and regulations governing its implementation. Although a bit late, the Government of the Republic of Indonesia has made regulations for the implementation of e-commerce through the issuance of Government Regulation No. 80 of 2019 concerning Trading Through Electronic Systems which was promulgated on November 25, 2019 (GR 80 2019). The establishment of GR 80/2019 was mandated by Article 65 of the Indonesian trade regulation. This GR 80/2019 is to build 'consumer trust' and 'consumer confidence' by ensuring consumer protection and fair business competition. In addition, this regulation ensures the creation of a secured e-commerce ecosystem by encouraging increased activities and growth in trade and the e-commerce industry[1].This GR 80/2019 provides a wide space for individuals or companies desiring to become e-commerce business actors. However, this definition of E-commerce Business Actor does not provide any limitations for distribution business actors being bound by distribution contracts under laws and regulations in the distribution sector. The absence of restrictions for Distribution Business Actors to become E-commerce Business Actors can create unfair competition for the Indonesian trade, particularly in the distribution channels of goods in Indonesia. This occurs due to the Distribution Business Actors (manufacturers, distributors, sub-distributors, agents, sub-agents) may compete among themselves, thus damaging the distribution channels which have been stipulated by the government through laws and regulations since 1977. Moreover, no provision in the GR 80/2019 requires E-commerce Business Actors to comply with the laws and regulations in the distributions sector. Uniquely, the Government of the Republic of Indonesia also continues to issue laws and regulations in the distribution sector even after the promulgation of GR 80/2019.After the ratification of Law No.11 of 2020 concerning Job Creation, the government issued government regulation No.29 of 2021 concerning the implementation of the Trade Sector and then 2 months later followed by the establishment of its implementing regulation i.e. Minister of Trade Regulation No.24 of 2021 concerning Agreements for the Distribution of Goods by Distributor or Agent. Conflict of implementation between GR 80/2019 and Chapter IV (distribution of goods) in GR 80/2019 will gravely paralyze the business of distribution of goods and/or services conducted by domestic business actors in Indonesia.The writing of this journal restricts Distribution Business Actors as (i) foreign principals (principal producers or principal suppliers) having registered address in other countries or Direct Investment Companies in Indonesia (PMA); and (ii) distribution business channels in Indonesia in the form of distributors, sub-distributors, agents, and sub-agents, each of them is legally domiciled in Indonesia.[1])  Press Conference of Public Relations of Ministry of Trade, “PP No.80 Tahun 2019: Pemerintah Lahirkan Peraturan Pemerintah tentang Perdagangan Melalui Sistem Elektronik”, 10 of December 2019, officially published at https://kemendag.go.id>article_uploads. 

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