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Udin Silalahi
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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 Position of Collateral Assets Owned by Third Parties in the Management and Administration of Bankruptcy Assets Sitanggang, Rufina Astuti; Silalahi, Udin; Ginting, Jamin
Global Legal Review Vol. 5 No. 2 (2025): October
Publisher : Universitas Pelita Harapan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/glr.v5i2.8746

Abstract

Collateral serves as a guarantee for debt, with third parties often acting as guarantors or providing collateral that is not the debtor’s asset. When debtors file for bankruptcy, they may include third-party assets as collateral. The issue arises when these third-party assets are listed as bankruptcy assets, leading to conflicting court decisions—some include them as part of bankruptcy assets, while others do not. This dualism undermines legal certainty. The purpose of this research is to analyse the regulation regarding the position of collateral assets belonging to third parties in the management and administration of bankruptcy assets in Indonesia; the application of arrangements regarding collateral assets owned by third parties in the management and administration of bankruptcy assets in Indonesia; and legal certainty regulated over collateral assets belonging to third parties in bankruptcy in Indonesia. This research uses normative-juridical research with a statutory and conceptual approach with the analytical tools of agreement theory, legal certainty theory, and legal protection theory. Regulations regarding these issues are contained in Article 21 of Law Number 37 of 2004 and the guarantee agreement as an accessory agreement, Law Number 4 of 1996, Law Number 42 of 1999 and Book II and Book III of the Civil Code. The application of collateral payments owned by third parties in Indonesia's bankruptcy assets management and administration is currently has dualism. Pointing out that there are decisions that either declare collateral assets as bankruptcy assets or not, based on allegations and suspicions about ownership and the intention to accelerate the management and administration process. To address this, Article 21 of Law Number 37 of 2004 should be amended to clarify that bankruptcy assets are the assets of the bankrupt debtor and that collateral assets belonging to third parties are not included in bankruptcy assets as an affirmation of the previous provision.
Regulating Financial Digital Innovation: A Study Data Sharing on Bank and Fintech Collaboration Patria, Valentino Gola
Global Legal Review Vol. 5 No. 2 (2025): October
Publisher : Universitas Pelita Harapan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/glr.v5i2.8918

Abstract

Banks are challenged to innovate in developing their products and services to retain their customers. One way for banks to improve their ability to develop digital financial products and services is by collaborating with fintech companies. The use of data is one of the important aspects in bank and fintech collaboration to improve digital products and services. Data sharing through Application Programming Interface (API) or known as Open Banking has been widely utilised by financial industry players, both banks and fintechs. This research aims to explore how data sharing arrangements between banks and fintechs in collaboration to develop their digital products and services. From the results of the research, currently the regulation of data sharing in the financial industry is carried out by Bank Indonesia in the payment system. In the regulation, Bank Indonesia involves SROs to create a standard known as Standard National Open API (SNAP), based on the research study, it is necessary to strengthen the regulation of several aspects including standard governing body, data governance aspects and IT risk management so that consumer protection and personal data protection can be further improved.
The Essence of Restorative Justice Based on the Indonesian National Police Regulation Number 8 of 2021 on the Handling of Criminal Acts Based on Restorative Justice Harun
Global Legal Review Vol. 5 No. 2 (2025): October
Publisher : Universitas Pelita Harapan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/glr.v5i2.9183

Abstract

Police Regulation Number 8 of 2021 on Handling Crimes Based on Restorative Justice aims to resolve criminal cases through peaceful agreements. However, its implementation faces several potential problems, such as perpetrators who repeat their actions, which causes the impact of the deterrent effect not to be achieved. In addition, there is a risk of extortion by the victim against the perpetrator in the peace agreement process and the absence of legal rules governing both parties not to renege on the agreement. Another factor is the difference in understanding among investigators and investigators, which makes the application of Police Regulation Number 8 of 2021 subjective. This research aims to analyze the nature, implementation, and regulation of criminal acts based on restorative justice with legal certainty and justice within the Indonesian National Police. The method used is normative legal research with the support of empirical juridical research, as well as statute approach, conceptual approach, and case approach. The results show that the nature of restorative justice is an effort to restore the original state through a process that involves all parties involved in a particular criminal offense to jointly find a harmonious solution. Restorative justice is applied in various types of criminal offenses, including fraud, embezzlement, maltreatment, and murder, which involve people's lives. To increase the effectiveness of the implementation of this principle, structured collaboration between the courts, police, prosecutors' office, and correctional institutions is necessary. This research suggests two policies: first, improving the Standard Operating Procedure of Police Regulation Number 8 of 2021 by adding guidelines for procedures for handling criminal offenses using a restorative justice approach; second, drafting a special law regulating restorative justice as a guide for all law enforcement officials.
Ideal Legal Protection Policy for Well-Known Trademark to Support Investment Climate in Indonesia Setiawan, Purwanto
Global Legal Review Vol. 5 No. 2 (2025): October
Publisher : Universitas Pelita Harapan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/glr.v5i2.10022

Abstract

An ideal legal protection policy for well-known trademarks is crucial to support the investment climate in Indonesia. As a country based on law and welfare, Indonesia aims to provide legal protection and guarantees in various economic activities. Trademarks are essential in attracting foreign direct investment (FDI), and thus, legal certainty and justice for well-known trademark holders are of utmost importance. However, problems arise from trademark violations that can potentially hinder FDI. The objective of this research is to identify and propose an ideal legal regulatory framework that ensures legal certainty and justice for well-known trademarks investing in Indonesia. The research examines three main issues: the aspects of legal certainty and justice in the current regulations, the challenges found in their implementation, and how these regulations can be made more legally certain and just to foster a conducive investment climate. Using a normative legal research method with empirical support, the study analyzes secondary data, including policies, legal rules, and court decisions related to trademark law in Indonesia. This descriptive research explains the guarantees of legal certainty and justice for well-known trademark holders in Indonesia. The findings indicate that while Indonesia’s trademark law (Law Number 20 of 2016) provides legal certainty through registration and enforcement, several issues hinder effective protection. These problems include the absence of philosophical requirements, a dual understanding of the law, complex three-dimensional trademark provisions, a low legal culture among the public, disharmony in regulations, weak law enforcement, and abstract trademark criteria. Therefore, the ideal protection for well-known trademarks in Indonesia should incorporate philosophical requirements, align with international standards, provide adequate protection, ensure an efficient and transparent registration process, and foster international cooperation.

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