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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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OWNERSHIP OF LAND RIGHTS WITH THE STATUS OF PROPERTY RIGHTS BY FOREIGN NATIONALS AS BENEFICIARIES USING INDONESIAN CITIZENS Nisa, Annisa Fitria
Global Legal Review Vol. 3 No. 1 (2023): April
Publisher : Universitas Pelita Harapan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/glr.v3i1.5107

Abstract

Normatively, the Government only grants land tenure rights to a foreigner in the form of right of use and lease rights. In practice, with various economic considerations and investment risks, foreigners willing to invest in Indonesia need to have land ownership with property status. Because property rights are hereditary rights, the most powerful and the most achievable, for a while. In this regard, the national land law policy does not allow foreign Nationals to have property rights on land in the territory of Indonesia. The prohibitions encourage foreigners with an interest in the Nominee Agreement, by using the persons of an Indonesian citizen as a Nominee to be registered as the owner of the land rights. Law Number 5 of the Basic Agrarian Law of 1960, especially Article 26 (2), prohibits such an agreements. The purpose of this research is to analyze the regulation and prevention of land nominees with a normative judicial research method. The primary legal materials used include land legislation and investment laws and regulations. The results of the study confirmed that the prohibition nominee agreements were regulated in Law Number 5 of 1960 of the Basic Agrarian Law but the sanctions against the nominee's practice were not yet clear and firm and the status of the land nominee had not been fully regulated. To ensure legal certainty, there is a need for arrangements regarding land nominees along with sanctions and the status of land rights that are used as nominee objects. Therefore, the government can cease and annul land rights if its not in accordance with as designations. The preventive measures of nominees can be done both through civil and criminal means by returning the land to the State.
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.
MEDIATION AS A MODEL FOR DISPUTE SETTLEMENT ON CONSTRUCTION WORK CONTRACT IN INDONESIA Purnomo, Hendrik E.
Global Legal Review Vol. 3 No. 1 (2023): April
Publisher : Universitas Pelita Harapan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/glr.v3i1.5212

Abstract

As one of the essential elements in national development activities, activity of Construction Services needs to be based on statutory regulations which are clear, effective and adequate. This is important because in practice disputes often arise which involves Construction Services parties, especially disputes arising from Construction Work Contract. In Indonesia, Construction Disputes are mostly resolved through litigation or arbitration, which are considered less efficient in terms of business interests. Adjudicative decisions are considered less accommodating the business needs of the Construction Services’ parties because they often ended the relationship and potentially disrupted cooperation in the future. By using the judicial normative method, this Research intended to examine Mediation as a resolution mechanism of Construction Disputes with Construction Settlement Agreement as the output that provides a win-win solution for disputed parties based on good faith of each party. The legal materials used are laws and regulations, courts’ verdicts, journals and also law books. The result of this Research concluded that Mediation in Indonesia was still an alternative, so that it was only considered as a stage that needed to be passed before finally choosing a solution through arbitration or litigation. In developed countries, Mediation has become one of the options for resolving businesses disputes, including on the Construction Services area, which provides quite satisfactory results for the disputing parties, especially from the aspect of sustainability of business relationships in the future. This Research recommends the need for Mediators in Mediation to always have a neutral position in order to assist and escort the disputing parties to find agreement of settlement accordi12ng to their own will and ability, so that the Construction Settlement Agreement can be executed immediately. For this reason, Indonesia needs to carry out reformation related to Mediation, both in the form of regulations and institutions as well as the legal culture of the community of Construction Services.Keywords: Mediation, Construction Disputes, Win-Win Solution
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. 
Relevance of Ecolabel Scheme on Textile/Textile Product to Support Sustainable Consumption and Production Pattern in Indonesia Rudyismanto, Reynold; Prasetyo, Teguh; Purwaka, Tommy Hendra
Global Legal Review Vol. 3 No. 1 (2023): April
Publisher : Universitas Pelita Harapan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/glr.v3i1.5423

Abstract

Everyone has the right to have access to sufficient, safe and physically accessible water for personal and domestic use. River is one of the water resources, which is highly necessary for the people who live in close contact with it. In the past few years there have been several law cases of water pollution in some Indonesian rivers caused by textile factories, who had been releasing untreated wastewater into the river. The wastewater had become harmful to humans and river life mostly due to toxic synthetic dyes chemicals used in textile production. This research aims to provide the reasons to apply ecolabel scheme on the textile/textile products in regards to sustainable development especially the Sustainable Development Goal (SDG) number 12: Sustainable Consumption and Production, which requires that people urgently reduce ecological footprint by changing the way they produce and consume goods and resources. This is a qualitative juridical normative study with statute approach, historical approach and philosophical approach, conducted by using secondary data and are collected by using the method of literature review. According to this research, ecolabel scheme on textile/textile product is relevant to support sustainable consumption and production pattern in Indonesia because it is a way to protect and preserve the environment especially river water in accordance with the international environmental laws regarding sustainable development, Indonesian legislation regarding sustainable development, and Dignified Justice (a justice concept based on Pancasila, the Five Principles of Indonesian State).
Ultimum Remedium Principle in Indonesian Tax Regime - Impact and Challenges Post-Omnibus Law Ariaputra, Denny
Global Legal Review Vol. 3 No. 1 (2023): April
Publisher : Universitas Pelita Harapan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/glr.v3i1.5778

Abstract

The tax laws are built to ensure that every citizen obeys their obligation on tax. Or, in other perspectives, to guarantee the state does not lose the right to collect tax from the people. Tax laws are part of the state administrative laws. As a consequence, the penalty that is equipped with tax law is also known as administrative sanctions. However, since tax is an essential state element, tax law provided a criminal penalty to give a more complex impact and the value of a deterrent effect (known as administrative penal law). Every tax jurisdiction has characteristics and depends on the state’s main objectives and preferences. Indonesia’s tax regime prioritizes tax collection and the recovery of state losses rather than sending the taxpayer to jail. This concept is known as ultimum remedium or the last remedy principal. After the Corvid-19 pandemic, Indonesia tries to raise the economy through many breakthroughs in tax law, including the enactment of Law of the Republic of Indonesia N0.11 of 2020 on job creation (also known as omnibus law) and Law of the Republic of Indonesia No.7 of 2021 on Harmonization on Tax Regulation. Both regulations have the same spirit to boost Indonesia’s economy through fiscal policy, including relaxation of the tax penalty.  With its impact and challenges, this policy is expected to create a broader opportunity for Indoesia tax authorities to collect more tax
Board Resignation Impact on Limited Liability Company Going Concern: Absence of Provisions Suhardiman, Daniel; Pramono, Nindyo
Global Legal Review Vol. 3 No. 2 (2023): October
Publisher : Universitas Pelita Harapan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/glr.v3i2.5970

Abstract

In Indonesia, matters concerning limited liability companies is mainly governed by Law Number 40 of 2007 on Limited Liability Company (Companies Law). The Companies Law regulates all aspects from the formation of company until the dissolution of company along with the legal consequences. In forming a limited liability company, a company must be formed by 2 (two) or more people. This mandatory provision creates the practice of a limited liability company with 50-50 shareholder composition, especially for private company. Structurally, a limited liability company consists of General Meeting of Shareholders (GMS), the Board of Directors (BOD), and the Board of Commissioners (BOC). Both members of BOD and BOC serve the company with limited terms of office and shall be re-appointed by the GMS. In practice, there is a condition where the GMS fails to re-appoint or replace the BOD and BOC even when all the members of BOD and BOC’s terms of office have been ended. During this period, those members of BOD and BOC can no longer act on behalf the limited liability company. The possibility of such company facing such situation is quite high, especially if the company’s shareholder composition is 50-50. This research aims to discuss and analyse the BOD and BOC whose terms of office have ended without re-appointment or replacement by the GMS. The result shows that since the Companies Law has yet to regulate provision to overcome the described issue, this condition may endanger the operation and the existence of limited liability company. Consequently, the existing Company Law has to be amended to address the aforementioned issue.

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