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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. 5 No. 1 (2025): April" : 5 Documents clear
The Authority of the Financial Services Authority Regarding the Application for Postponement of Debt Payment Obligations for Insurance Companies in the Legal Certainty and Justice Perspective Manurung, Novio
Global Legal Review Vol. 5 No. 1 (2025): April
Publisher : Universitas Pelita Harapan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/glr.v5i1.7525

Abstract

From a normative juridical perspective, the Financial Services Authority (OJK) grants the authority to apply for Postponement of Debt Payment Obligations (PKPU). On the basis of this authority, OJK has never given approval to creditors to apply for PKPU against debtor insurance companies. The research results show that normatively the space for creditors to apply for PKPU against insurance companies is closed and not possible. The Panel of Judges in PKPU Decision Number 389/Pdt.Sus-PKPU/2020/PN-Niaga.Jkt.Pst. applied the law as form of social control and social engineering. There is a need to update the PKPU application procedure which can be submitted by creditors. The main issues include the provisions regarding the bankruptcy application procedure in Law Number 40 of 2014 on Insurance apply mutatis mutandis to PKPU applications; Bankruptcy application procedures in OJK Regulation Number 28/POJK.05/2015 applies mutatis mutandis to applications PKPU; Addition of phrases to Article 2 paragraph (5) Law Number 37 of 2004 on Bankruptcy and Suspension of Debt Payment Obligations, namely "…….. or Creditors whose terms and conditions are regulated based on laws and regulations"; and Additional provisions in POJK Number 28/POJK.05/2015 , in the event that the OJK does not provide a response, the creditor can submit a PKPU or bankruptcy application directly to the Commercial Court.
Pancasila Principle of Justice in the Regulation of (Conventional) Insurance Standard Contract in Indonesia Christian, Andri
Global Legal Review Vol. 5 No. 1 (2025): April
Publisher : Universitas Pelita Harapan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/glr.v5i1.8268

Abstract

The purpose of this research is to analyze the ideal regulation provide protection for the insured in the statutory provisions related to Indonesia’s conventional insurance standard contract in order to realize the Pancasila principle of justice. This research uses normative legal research methods, the application of which is rational theoretical, so the disclosure is tied to methods based on deductive logic requirements. The ideal regulations that can provide protection for the insured, carried out through the formation of regulations and implementing regulations, they are formed in stages and based on other norms in the series of legal systems. The objectives of the establishment include external and internal legal protection, as well as creating certain equality and restrictions to protect those with weaker bargaining positions. The regulations formed are applied simultaneously with supervisory measures, concrete sanctions, the content of regulations is formed from within the law and has an impact on society, and the values contained in the regulations are intrinsic Pancasila, which then the regulations are consistently obeyed by all parties. The intrinsic values of Pancasila are realized through the application of the Pancasila principle of justice in the regulation of conventional insurance standard contract in Indonesia by applying the Pancasila triangle of justice interrelation.
Reformulation on Fiducia Security Enforcement Law in the Framework of Ease of Doing Business Senen, Ibrahim
Global Legal Review Vol. 5 No. 1 (2025): April
Publisher : Universitas Pelita Harapan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/glr.v5i1.8618

Abstract

Banks and non-bank financial institutions as distributors of funds to the public through credit (financing) to customers (debtors) using non possessory movable goods (known as fiducia security) as security. The existence of fiducia security has problems in terms of the enforcement that affect the ease of doing business. This research was conducted with the aim of analyzing the rules of enforcement of fiducia security and the implementation of these rules, starting from the problems that occur in the field, the factors that cause these problems to occur and the proposed solutions. The final objective of this research is to find an ideal formulation (reformulation) of the rules of enforcement of fiducia security in line with the needs of the business practice, which can be implemented so as to support the ease of doing business. The research method used is normative legal research with several approaches, namely statutory, conceptual, historical, comparative, and case approaches. The results of the research show that there is a need for improvement in the fiducia security enforcement system starting from the registration stage to the enforcement. The ultimate goal of the improvement is the creation of a fast, efficient and low-cost fiducia security enforcement system. The creation of the ultimate goal of improvement will have an impact on business ease, where from the debtor's perspective, it will be easy to access financing, while from the side of banks and non-bank financial institutions there would be a certainty in relation to the repayment of the channeled financing, which ultimately leads to the ease of doing business for all parties.
Legal Protection for the Customary Law Community of the Amungme Tribe Whose Land is Affected by Mining Activities by PT Freeport Indonesia Panjaitan, Rudy
Global Legal Review Vol. 5 No. 1 (2025): April
Publisher : Universitas Pelita Harapan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/glr.v5i1.8626

Abstract

Protection of the unity of customary law communities to defend their constitutional rights if there is a law that is detrimental to their constitutional rights is enshrined in Law Number 24 of 2003 on Constitutional Court juncto Law Number  8 of 2011 on Amendments to Law Number  24 of 2003. The purpose of this research is to analyze legal protection for customary law communities over their customary land rights in the mining area, the implementation of the customary rights of the Amungme tribal customary law community in Papua on which there is gold mining carried out by PT Freeport Indonesia, and the ideal legal politics for customary law communities whose customary lands are affected by mining. The research method used in this study is normative juridical. The unclear boundaries of recognition become a potential conflict (dispute) against the existence of the position of customary rights over land today in Papua Province, which have a diversity of customary law communities (tribes/clans/clans) spread based on the ecology of highland culture (mountainous, pre-mountainous, and lowland areas) in Papua. Customary law communities are allowed to deal directly with mining entrepreneurs who will use customary land for their mining business activities. The need for the formation of associations such as in mining, such as in Lihir Papua New Guinea, will provide legal certainty and maximum benefits for the Amungme customary law community
Land Use Constraints and Challenges to Sustainable Land Resource Control in Rural Nigeria Salawu, Busari Morufu
Global Legal Review Vol. 5 No. 1 (2025): April
Publisher : Universitas Pelita Harapan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/glr.v5i1.8925

Abstract

In Sub Sahara Africa, land occupies an important position in the life of the people. Apart from its important economic value in food security and job creation to millions of rural dwellers, it is sacred and physical. In Nigeria, most of the rural dwellers are into agriculture and pastoralism.  But the constraints on access to land resources under various land tenure systems have created tensions in rural communities and threaten agricultural enterprises. Under these tenures, land resources are not available in the right quantities for varying agricultural purposes as to allow sustainable food security, reduction of poverty, hunger and gender discrimination. The article discusses the concept of land under the various tenure systems; examines land resource control in rural Nigeria and establishes a need for legal reform in land use access and control to ameliorate the constraints. The study adopts a doctrinal research method which relied on primary and secondary sources of information. The article, after establishing that the claim that multiple land tenures and the discriminating policy implementation under the tenures have considerably weakened the land resource control laws, advocates the reforms of the current legal regime to make land resources available to all people needing it for economic development. Transparent and consistent implementation of legal regime, removal of undue delays in the administration of Governor’s consent and streamlining of the incidents of customary land tenure to that of the Land Use Act are suggested.

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