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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 79 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.
The Legal Concept of Ownership of Finance Lease Objects from the Perspective of Legal Certainty for the Lessor Artha, M. Kholid
Global Legal Review Vol. 6 No. 1 (2026): April
Publisher : Universitas Pelita Harapan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/glr.v6i1.8659

Abstract

Among various sources of capital financing for companies, whether for working capital or investment in production equipment, leasing has become a very popular option. This popularity is due to its straightforward process, quick approval, tax deductibility, and lack of collateral requirements. Despite the existence of Law No. 4 of 2023 on the Development and Strengthening of the Financial Sector and Minister of Finance Decree No. 1169 of 1991 on Leasing Activities, and OJK Regulation No. 35 of 2018 on the Implementation of Financing Company Business, there are no regulations governing the civil aspects of leasing that address the rights and obligations of the parties involved and the legal certainty protecting the lessor's ownership of leased goods. Existing regulations primarily address public and institutional aspects, leading to potential legal uncertainties in practice. The purpose of this research is to explore the legal concept of the lessor’s ownership of leased assets and the importance of establishing legal certainty in this context. This research employs a normative juridical legal research method, using document and field studies. The data utilized is secondary data or library studies supplemented with primary data obtained through interviews with relevant sources. Qualitative analysis is used in the writing. The research findings indicate the need for regulations that provide legal certainty regarding the lessor's ownership of leased goods and mechanisms for maintaining such ownership, potentially at the level of a statute. The legal protection of the parties, particularly the lessor, currently relies heavily on the leasing agreements they enter into. The ownership function needs to be regulated explicitly, clearly, and comprehensively to ensure legal certainty for the lessor. Further, for such legal certainty, considerations should include a system for recording leased goods in an asset registry, a straightforward, cost-effective, and expeditious process for reclaiming leased goods if the lessee defaults, and the drafting of leasing agreements in the form of authentic deeds before a notary, containing complete and clear clauses to ensure legal certainty for the lessor.
Urgency of Criminal Liability for Corporations Paying Wages below the Minimum Wage Based on Justice Values Hendri; Simanjuntak, Payaman J.; Prasetyo, Teguh
Global Legal Review Vol. 6 No. 1 (2026): April
Publisher : Universitas Pelita Harapan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/glr.v6i1.9107

Abstract

Workers who receive wages below the minimum wage standards do not reflect a sense of justice for employees. This study aims to analyze the current regulation of corporate criminal liability for companies paying below minimum wages, the reasons behind differences in the application of criminal sanctions against corporations in minimum wage cases in Indonesia, and the ideal regulatory framework for corporate criminal liability in such cases based on justice values in the future. To achieve these objectives, this research employs a normative legal method, supported by Lawrence M. Friedman’s legal system theory and theories of justice. The result of this study is the regulation of corporate criminal liability in Indonesia is considered the most comprehensive and repressive, particularly after being strengthened through Law No. 6 of 2023 and the Criminal Code, which recognize corporations as subjects of criminal law and impose sanctions in the form of imprisonment, fines, and additional penalties for violations of minimum wage provisions. Although this regulatory framework serves as an instrument for worker protection, its effectiveness heavily depends on supervision and consistency in law enforcement. Therefore, stronger implementation is required to ensure that sanctions are not merely normative but also provide a deterrent effect and real restitution of workers’ rights. The ideal regulation based on justice values in the future includes: the imposition of sanctions oriented toward restoring workers’ rights; the application of criminal restitution in the form of compensation for workers’ losses, and the implementation of a double track system combining criminal sanctions and enforcement sanctions to enhance effectiveness and deterrence.
Legal Protection for Minority Shareholders Against Share Dilution in a Private Company Puteri, Ariani Mandala
Global Legal Review Vol. 6 No. 1 (2026): April
Publisher : Universitas Pelita Harapan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/glr.v6i1.9893

Abstract

The loss of shareholders' rights to obtain a preemptive offer on newly issued shares results in share dilution for the company's shareholders. The logical consequence of this becomes increasingly complex when the diluted shares fall below 10%, as it weakens their position in the General Meeting of Shareholders (GMS) and results in the loss of the right to file a derivative lawsuit or submit a petition for the examination of the company to the District Court in the event that the company suffers losses. The purpose of this research is to analyze the legal protection of minority shareholders against share dilution in Private Companies and the ideal legal regulation concerning the protection of minority shareholders against share dilution in Private Companies. This study employs a normative legal research method. The research findings indicate that the implementation of legal protection that can be undertaken includes, first, that minority shareholders have the right to sell their shares if they do not agree with corporate actions that are detrimental to shareholders within the scope of amendments to the articles of association; and second, the right to file a lawsuit against the company on the grounds of having been treated unfairly. The ideal legal arrangement in this regard is a legal reformulation, which includes the repeal of Article 43 paragraph (3) of the Company Law, so that the preemptive right remains attached to every shareholder in the event of the issuance of new shares. In addition, reformulation of Article 97 paragraph (6) and Article 138 paragraph (3) letter a of the Company Law is also proposed, in the form of eliminating the minimum 10% share ownership requirement related to the right to file a derivative lawsuit and a petition for a company examination to the District Court.
The Construction of Fair Use of Copyright and Compensation System for Artificial Intelligence Creation Shen Xiaoyun; Li Xiaofu
Global Legal Review Vol. 6 No. 1 (2026): April
Publisher : Universitas Pelita Harapan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/glr.v6i1.9905

Abstract

The AI-generated works must intersect with the right holder’s work, thus having a certain impact on the rights and interests of the right holder’s work. The law needs to explore and improve the regulation of the fair use of AI creations and build a compensation system to adapt to the development of AI. The development of AI technology has brought about problems such as the unclear relationship between fair use and infringement of copyright, the unclear general terms and conditions of application, and the incomplete criteria for judging at different stages. Through different theoretical methods, the legitimacy of the rational use of the system can be demonstrated. The compensation standard for fair use of copyright in AI creation can refer to the market pricing of the right holder's work, and the compensation can construct a formula for the amount of damages for AI copyright infringement. The compensation standard should be based on the main factors affecting the market value of the work, so as to provide a reference for the compensation system of the fair use works generated by AI.
The Implementation of the Good Faith Principle in Unbalanced Banking Credit Agreements Based on Substantive Justice Ginting, Sryani Br.; Tobing, Christina N.M.
Global Legal Review Vol. 6 No. 1 (2026): April
Publisher : Universitas Pelita Harapan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/glr.v6i1.10929

Abstract

Contracts as legal instruments, play a vital role in business activities, which can be viewed not only from a normative aspect but also through philosophical and economic dimensions. Ideally, the formation of contractual relationships is based on fundamental principles to ensure the realization of fairness and equity for all parties involved. One of the primary principles determining the quality of justice in a contract is good faith, which serves as a guideline for the interpretation and execution of agreements. This research aims to analyze the regulation of good faith in national contract law, examine its application in bank credit agreements which often exhibit an imbalance in the parties' positions and formulate a regulatory model oriented toward substantive justice. The research method employed is normative legal research. The approaches used include statutory, conceptual, and case-based approaches. The results indicate that the principle of good faith in Indonesian contract law (the Civil Code) possesses both juridical and philosophical meanings aligned with John Rawls’ theory of justice and the values of Pancasila. Good faith must be interpreted by judges in their rulings in concreto and systematically to ensure clarity of meaning through "judge-made law." This aligns with positivist schools of thought and the teachings of sociological jurisprudence. In judicial practice, judges tend to apply the principle of good faith contextually, particularly in resolving disputes involving imbalanced contracts, by considering the sense of justice, propriety, and the social conditions of the parties. Furthermore, judges play an active role in legal discovery (rechtsvinding) through progressive interpretation. Legal interpretation by judges may utilize legal hermeneutics that an incisive, profound, and holistic method of interpretation within the framework of unity between the text and its context. This research recommends the strengthening of normative regulations regarding good faith, specifically in bank credit agreements, as well as consistency in its application through jurisprudence and judicial guidelines to avoid disparity in court rulings.

Page 8 of 8 | Total Record : 79

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