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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 74 Documents
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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.
Indonesia’s Approach on Cyberattack Attribution through its Foreign Policy Citra Yuda Nur Fatihah
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.
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. 
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.

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