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Agus Budianto
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Lex Prospicit
Published by Universitas Pelita Harapan
ISSN : 29881781     EISSN : 29881773     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Lex Prospicit is a scientific journal published by the Master of Law Study Program, Faculty of Law, Universitas Pelita Harapan in collaboration with Asosiasi Advokat Indonesia (AAI) and serves as a venue for scientific information in the field of law resulting from scientific research or research-based scientific law writing. The articles published in this journal cover a broad range of topics, including Business Law, Antitrust and Competition Law, Intellectual Property Rights Law, Criminal Law, International Law, Constitutional Law, Administrative Law, Agrarian Law, Health Law, Adat Law, Environmental Law, Banking Law, Cyber Law, Bankruptcy Law, WTO Law, Investment Law, Tax Law, Human Rights Law, ADR and Arbitration Law, and Labor Law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 43 Documents
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PROBLEMA KEWAJIBAN PELAKU USAHA UNTUK MEMBUAT PEMBERITAHUAN PELAKSANAAN AKSI KORPORASI KE KOMISI PENGAWAS PERSAINGAN USAHA [PROBLEMS OF THE OBLIGATIONS OF BUSINESS ACTORS TO NOTIFY THE EXECUTION OF CORPORATE ACTIONS TO BUSINESS COMPETITION SUPERVISORY COMMISSION] Wonggo, Jeremy; Ketrina, Amanda
Lex Prospicit Vol 2, No 1: February 2024
Publisher : Universitas Pelita Harapan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/lp.v2i1.7055

Abstract

There are regulations that require business entities to notify the implementation of corporate actions such as mergers, consolidations and takeovers to the KPPU. Violations of these regulations tend to dominate cases tried by the KPPU recently. Even though this regulation has good intentions to prevent monopolistic practices and unfair business competition, in practice it is very detrimental to the position of business entities and has the potential to cancel corporate actions that have previously been approved by the Minister. The aim of this research is to find a format for regulating the obligations of business actors in making corporate actions to the KPPU. The method used in this research is normative juridical, using secondary data. The research results show that corporate actions are accompanied by prohibited agreements, prohibited activities, and/or abuse of dominant positions. This regulation uses a rule of reason approach, where it is necessary to carry out prior proof/assessment regarding the impact on business competition carried out by the KPPU using various analyses. In addition, there are regulations that require business actors who carry out corporate actions to notify the KPPU a maximum of 30 (thirty) days from the effective date. This notification obligation is only required for transactions that cause the asset value to exceed 2 trillion rupiah (20 trillion for the banking business sector) and/or a transaction value of 5 trillion rupiah. In this case, there is ineffectiveness in regulating notification obligations for business actors because such notifications are very detrimental to business actors and only make tasks easier which should be the responsibility of the KPPU.Bahasa Indonesia Abstrak: Terdapat pengaturan yang mewajibkan badan usaha untuk melakukan pemberitahuan pelaksanaan aksi korporasi seperti penggabungan, peleburan, dan pengambilalihan ke KPPU. Pelanggaran atas aturan tersebut cenderung mendominasi kasus yang diadili oleh KPPU belakangan ini. Walaupun aturan ini bertujuan baik untuk mencegah terjadinya praktek monopoli dan persaingan usaha tidak sehat tetapi dalam prakteknya sangat merugikan posisi badan usaha hingga potensi pembatalan aksi korporasi yang sebelumnya telah disetujui oleh Menteri. Tujuan dari penelitian ini untuk mencari format tentang pengaturan kewajiban pelaku usaha dalam membuat aksi korporasi ke KPPU. Metode yang digunakan dalam penelitian ini adalah normatif yuridis, dengan menggunakan data sekunder. Hasil penelitian menunjukkan bahwa aksi korporasi yang disertai dengan adanya perjanjian yang dilarang, kegiatan yang dilarang, dan/atau penyalahgunaan posisi dominan. Pengaturan ini menggunakan pendekatan rule of reason, di mana perlu dilakukannya pembuktian/penilaian terlebih dahulu mengenai dampaknya terhadap persaingan usaha yang dilakukan oleh KPPU dengan menggunakan berbagai analisis. Selain itu, terdapat pengaturan yang mewajibkan pelaku usaha yang melakukan aksi korporasi untuk memberitahukannya kepada KPPU maksimal 30 (tiga puluh) hari sejak tanggal berlaku efektifnya. Kewajiban pemberitahuan tersebut hanya diwajibkan untuk transaksi yang menyebabkan nilai aset melebihi 2 triliun rupiah (20 triliun untuk bidang usaha perbankan) dan/atau nilai transaksi 5 triliun rupiah. Dalam hal ini, terjadi ketidakefektifan dari pengaturan kewajiban pemberitahuan bagi pelaku usaha karena pemberitahuan tersebut sangat merugikan pelaku usaha dan hanya mempermudah tugas yang seharusnya menjadi tanggung jawab KPPU.
LEGAL STANDING OF LAND OWNERSHIP FOR MIXED-MARRIAGES BETWEEN BALINESE WIVES AND FOREIGN HUSBANDS IN BALI Mirabel, Aurellia Valeda
Lex Prospicit Vol 2, No 1: February 2024
Publisher : Universitas Pelita Harapan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/lp.v2i1.7253

Abstract

The influx of foreign visitors to Bali has naturally led to increased interaction between foreign nationals and the local Balinese population. With mixed-marriages, there are special provisions for the nationality of the spouse, the nationality of the spouse, the nationality of the children, and property in the marriage.  Therefore, awareness is needed, especially for people of mixed-marriages to understand the provisions that apply to mixed-marriage spouses. This study uses normative juridical law which is a normative legal approach. The research emphasises the need for foreign nationals to understand the special provisions and restrictions for land ownership compared to Indonesian citizens. The Basic Agrarian Law of Indonesia (UUPA) governs land ownership regulations for mixed-marriages in Bali. Foreigners in Bali can acquire the right to use land through a Right to Use (Hak Pakai) or enter into leasehold agreements with Indonesian citizens or legal entities following to asas nasionalitas. However, land ownership rights are reserved exclusively for Indonesian citizens involved in mixed-marriages. The research highlights the influence of Hukum Adat, Balinese customary law, on land ownership in Bali. Mixed-marriage spouses should be aware of the regulatory disparities that arise after marriage and necessitate the arrangement of asset division. The customary law in Bali is in line with the existing statutory law in Indonesia.
THE ROLE OF ROAD TRAFFIC LAWS IN INCREASING COMPETITIVENESS AND OVERCOMING VIOLATIONS Lookman, Kyatmaja
Lex Prospicit Vol 2, No 1: February 2024
Publisher : Universitas Pelita Harapan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/lp.v2i1.7954

Abstract

This research analyzes the role of the Road Traffic and Transportation Law in increasing the competitiveness of trucking companies and also addressing violations committed. Transport companies are part of another company's supply chain. Not all trucking companies deal with the goods owner directly, some are through third-party intermediaries (brokers). Tiered transactions are the structure of this industry because there are several levels of parties between the carrier company and the owner of the goods. Field phenomena show that this condition has not yet been achieved. This research aims to discover existing problems with existing laws for future improvements. This research uses normative juridical methods by studying existing laws and conducting comparative studies. Secondary data is also used to obtain the desired results. The results show that current laws cannot increase competitiveness and optimally prevent violations committed by trucking companies. Therefore, future legislation must be able to solve this problem.
PROTECTION OF MINORITY SHAREHOLDERS FROM FRAUD IN LIMITED LIABILITY COMPANY DIVIDEND DISTRIBUTION Hartanto, Stefanie
Lex Prospicit Vol 2, No 1: February 2024
Publisher : Universitas Pelita Harapan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/lp.v2i1.8020

Abstract

This research investigates the potential fraudulent actions carried out by majority shareholders and other corporate organs in the context of stock distribution. The primary focus is on the continuity of practices that may disadvantage minority shareholders and undermine the legal protections they should receive. Majority shareholders, often wielding significant influence in the General Meeting of Shareholders (RUPS), may exploit their power to manipulate decisions related to stock distribution. The presence of a quorum that can be achieved without the participation of minority shareholders increases the risk of fraud in this process. The aim of this research is to identify various fraudulent actions that may occur in stock distribution by majority shareholders and related corporate organs. Using a legal analysis approach and case studies, this research also explores ways in which minority shareholders might prevent or respond to fraudulent actions. Furthermore, the research examines the extent to which Law No. 40 of 2007 concerning Limited Liability Companies (UU PT) provides a legal basis to prevent and respond to fraudulent actions in stock distribution. Practical implications of potential fraud are analyzed to provide recommendations that can strengthen legal protections for minority shareholders. This research is expected to contribute to a deeper understanding of the dynamics of fraud in stock distribution, outline the legal challenges faced by minority shareholders, and formulate concrete steps to prevent and respond to such fraud in companies.
THE APPLICATION OF JOINT CUSTODY CONCEPT IN RELATION TO THE CUSTODY OF THE CHILD Effendy, Edrick Edwardina
Lex Prospicit Vol 2, No 1: February 2024
Publisher : Universitas Pelita Harapan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/lp.v2i1.8029

Abstract

In Indonesia, the execution of court decisions regarding child custody is still a matter of debate among legal experts because the object is a person (human), not an inanimate object. This research will focus on discussing how regulations and execution of court decisions regarding child custody are carried out as well as how the concept of joint custody can be applied to minimize disputes related to child custody. This research is normative juridical research with a statutory and conceptual approach. Even though there are no regulations in Indonesia that comprehensively regulate child custody or its execution, the execution related to child custody can still be carried out guided by generally applicable procedures regarding execution of court decisions. The execution of child custody rights carried out in this way has a low level of success and is prone to causing problems where children's rights which should be protected are violated. For this reason, it is hoped that the concept of joint custody can be applied to minimize the emergence of disputes related to child custody.
Investigation Obstacles (Obstruction of Justice in the Crime of the Planned Killing of Brigadir Nofriansyah Yosua Hutabarat in Legal Criminology Perspective) Erseta, Marcella; Pratama, Dicky Mulya; Tobing, Ega Yolanda Lumban; Alexander, Johan; Hasian, Clarissa; Azhar, Muhammad Dzaky Chairy
Lex Prospicit Vol. 2 No. 2: July 2024
Publisher : Universitas Pelita Harapan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/lp.v2i2.6927

Abstract

Obstruction of justice carried out by the police group is an example that in practice anyone who violates the law must be punished. This research will examine this matter from a criminological point of view and discuss the sociological, psychological and biological impacts of the perpetrators of obstruction of justice as well as the role of society viewed through the crime side of the disappearance of evidence. This study uses a normative juridical research method. The results showed that this case was categorized as premeditated murder, which according to Sigmund Freud's psychoanalytic theory, psychologically, Ferdy Sambo committed the act of this crime of murder was due to a stimulus from Brigadier Yosua as the victim, while Ferdy Sambo's subordinates or subordinates committed this crime of murder because there were environmental factors (police agencies) that provided an opportunity to cause a crime. Criminology has a relationship with and is closely related to criminal law, especially when discussing Obstruction of Justice, so in this case it will discuss the existence of criminal etiology which seeks to explain that criminology is a tool for carrying out an effective arrangement and control of a legal sanction against criminal law which has the aim is to give fear to those who have the intention to commit a crime or a violation of criminal law. In this case, the police must be able to show that the police institution is at the forefront in handling all cases of criminal acts indiscriminately and prove this to the public.
Juridical Analysis of Doctors Engaging in Collusion with Pharmaceutical Companies in Prescription of Medications Heriman, Amanda Regina Pallas; Caroline; Hasian, Clarisa Permata; Tobing, Ega Yolanda Lumban; Alexander, Johan; Naibaho , Novia
Lex Prospicit Vol. 2 No. 2: July 2024
Publisher : Universitas Pelita Harapan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/lp.v2i2.7359

Abstract

In Indonesia, the legal rules that regulate the prohibition of doctors receiving gifts from pharmaceutical companies have not had a significant impact because the existing regulations only exist in the realm of ethics and administration. As a result, the collaboration between doctors and pharmaceutical companies in prescribing drugs continues and has a negative impact on patients. This research analyses the actions of doctors and pharmaceutical companies colluding in prescribing drugs to patients. The purpose of this research is to understand the legal responsibility of doctors and pharmaceutical companies colluding in prescribing drugs to patients, and also to understand the comparison of prevention of collusion between doctors and pharmaceutical companies in drug marketing in Indonesia and the United States. This study uses normative legal research because this research is only intended for written regulations, so this research is closely related to literature because it requires secondary data. The findings of this study indicate that collusion between doctors and pharmaceutical companies, which involves unethical or illegal agreements, can result in civil legal liability. However, if we review the law in the United States, the United States has stronger regulations, better transparency, and stricter legal sanctions in preventing collusion between doctors and pharmaceutical companies in drug marketing compared to Indonesia.
Implementation of Legal Provisions in Indonesia Regarding Tax Imposition Darma, Abednego Parlindungan
Lex Prospicit Vol. 2 No. 2: July 2024
Publisher : Universitas Pelita Harapan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/lp.v2i2.7770

Abstract

Tax is a mandatory contribution to the state owed by an individual or entity that is coercive based on law, without receiving direct compensation and is used for state needs for the greatest prosperity of the people. The purpose of this research is to find the implementation of Indonesian legal provisions for franchise businesses in Indonesia and to find out the tax implementation of laws in Indonesia for franchise businesses. Type of research used in this research is normative research using secondary data by conducting document studies in the form of official documents, books, and research results in the form of reports. The approach taken is a statutory approach and a conceptual approach with analyses. From the research results, it is known that the implementation of Indonesian legal provisions for franchise businesses in Indonesia includes the following regulations: contract law, intellectual property rights, taxation, employment, company registration and business permits. The implementation of tax laws in Indonesia for franchise businesses is not running optimally due to obstacles in the form of a lack of government socialization regarding franchise business taxes, a lack of restaurant taxpayers' understanding of franchise tax policies, and a lack of awareness of taxpayers in paying their taxes. There is a willingness to pay where the willingness or desire of taxpayers to pay taxes is low and there is still a lot of taxpayer dishonesty in paying taxes.
The Impact of Technology on Personal Data Privacy and Security Law: A Critique of the National Legal Framework : (Case Study of Bank Syariah Indonesia Customer Data Leak) Wardani, Florentina Dani Eti Kusuma Eko; Fadjar, R. Febriarto; Latuhihin, Mychelvia Vrelya Giovanni
Lex Prospicit Vol. 2 No. 2: July 2024
Publisher : Universitas Pelita Harapan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/lp.v2i2.8021

Abstract

Technological developments require humans as personal data subject entities or personal data owners to submit various personal information to personal data controllers to be able to carry out certain activities. This is the impact of technological developments which are known to have no limits and space in connecting other humans with other humans by only conveying some information to themselves. This research uses normative juridical research with a statutory approach and a case approach. The leak of personal data belonging to Bank Syariah Indonesia customers in May 2023 is proof that the Personal Data Controller (Bank Syariah Indonesia) is responsible for its customers. In its implementation, the Government in this case has established Law Number 27 of 2022 on Personal Data Protection and its implementing regulations for data protection and security. However, in fact, the law or implementing regulations have not been effective enough to be implemented perfectly in resolving the problem of data leakage and still violate the privacy rights of citizens (especially BSI Bank customers). In the positive law that has been implemented (Personal Data Protection Law), the first form of implementation of legal responsibility that must be carried out by the Personal Data Controller when personal data is leaked is to provide written notification no later than 3x24 hours if there is a failure to protect personal data to the personal data subject and also agencies.
Juridical Review of Perpetrators Who Use Artist Photos for Online Gambling Promotion Without Permission if They are Associated with Human Rights in Indonesia Suryawinata, Renaldy Youbella; Soegiarto, Angelica Christyanto; Lee, Josephine
Lex Prospicit Vol. 2 No. 2: July 2024
Publisher : Universitas Pelita Harapan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/lp.v2i2.9034

Abstract

Technological developments have a significant impact on social life, creating new opportunities and challenges. One of the negative impacts is cybercrime which increases risks and vulnerabilities. Effective law enforcement is necessary to protect individual rights and ensure digital security. The research method used in this study involves a juridical-normative approach to analyze the implementation of laws related to the use of artist photos for the promotion of unlicensed online gambling in Indonesia. Implementation of the ITE Law and PDP Law is important in dealing with cybercrime. Law enforcement through the ITE Law and the PDP Law is a crucial instrument in tackling this kind of cybercrime, but there are still challenges in the effectiveness and relevance of the two laws. Continuous efforts are needed to strengthen law enforcement, increase public awareness, and pay greater attention to victim recovery as part of Indonesia's commitment to ensuring the protection of human rights in the digital era. Synergy between law enforcement officials, the private sector and the community is needed for prevention, law enforcement and recovery of victims. Protection of individual rights, including artists who are victims of photo misuse, must be a priority with a holistic and collaborative approach. Indonesia can maintain and strengthen human rights principles in the digital era, while ensuring that perpetrators of cybercrimes that violate the law can be dealt with firmly and fairly.

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