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ULJLS
Published by Universitas Sumatera Utara
ISSN : -     EISSN : 30260477     DOI : 10.32734
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Ultimate Journal of Legal Studies (ULJLS) is a peer-reviewed journal published by Doctoral in Law Program, Universitas Sumatera Utara two times a year, in May and November. All papers submitted to this journal should be written in English. The aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. ULJLS is available in print and online version. The scope of the articles published in this journal deal with a broad range of topics in the fields of Constitutional Law, Civil Law, Criminal Law, International Law, Administrative Law, Islamic Law; Economic Law; Adat Law; Labor Law; Agrarian Law; Intelectual Property Rights Law; Environmental Law and another section related contemporary issues in law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 27 Documents
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Analysis of the Application of the Piercing the Corporate Veil Doctrine to Directors and Commissioners Who Concurrently Serve as Shareholders in Third-Party Lawsuits : (Case Study of Decision No. 47/Pdt.G/2021/PN Mtr) Edgar, Devon; Sunarmi, Sunarmi; Sukarja, Detania
Ultimate Journal of Legal Studies Vol. 2 No. 2 (2024): Law and Society
Publisher : Talenta Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/uljls.v2i2.20698

Abstract

A Limited Liability Company (PT) is the most widely used legal entity in Indonesian business practice due to the application of the limited liability principle for shareholders. However, this principle may be misused when directors, commissioners, or shareholders engage in actions that harm third parties. In such circumstances, the piercing the corporate veil doctrine may be invoked to disregard the company’s separate legal personality and impose personal liability on corporate actors. This study examines the application of the piercing the corporate veil doctrine to directors and commissioners who concurrently serve as shareholders in third-party lawsuits, using a normative juridical method and a case study approach on Decision No. 47/Pdt.G/2021/PN Mtr. Although indications of misuse of the corporate entity were present, the court held only the company liable and did not extend liability to the directors or commissioners. The findings indicate that while the doctrine has significant potential to provide legal protection for harmed third parties, its application in Indonesian judicial practice remains limited and is influenced by judicial caution and the high evidentiary threshold required to substantiate abuse of the corporate entity. Therefore, stronger regulatory guidance and more consistent jurisprudence are needed to ensure the doctrine’s effectiveness in delivering justice for aggrieved third parties.
Legal Challenges of PT Industri Nabati Lestari in Stabilizing National Cooking Oil Prices through the Minyakita Program: An Analysis of Price Increases Exceeding the Highest Retail Price Tarigan, Klaudius Epikuri Loga; Sukarja, Detania; Robert, Robert
Ultimate Journal of Legal Studies Vol. 2 No. 2 (2024): Law and Society
Publisher : Talenta Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/uljls.v2i2.23349

Abstract

This study examines the phenomenon of price increases in Minyakita, a government-sponsored affordable cooking oil program, which have exceeded the Highest Retail Price (HET) set under Ministry of Trade Regulation No. 18 of 2024. The Minyakita program, involving PT Industri Nabati Lestari (INL), was introduced to stabilize national cooking oil prices and ensure consumer protection. However, field observations indicate distribution violations, hoarding practices, and sales above the regulated HET. This research analyzes the legal aspects of the Domestic Market Obligation (DMO), the effectiveness of HET regulation from the perspective of consumer protection under Law No. 8 of 1999, and the legal measures available to PT INL in addressing the challenges associated with implementing the Minyakita program. The study adopts a normative-empirical legal research method using statutory, conceptual, and case approaches. The findings reveal that the HET policy has not been fully effective due to fluctuating CPO prices and high production costs, which impose significant financial burdens on producers. Consequently, a more realistic adjustment of the HET is necessary, alongside stronger enforcement mechanisms against distribution violations and the optimization of digital monitoring systems such as SIMIRAH. These measures are crucial to achieving a balance between producer interests and consumer protection.
Legal Study On Foreign Ownership In The Oil Palm Plantation Sector From The Perspective Of Indonesia’s Economic Sovereignty Situmorang, Patricia Catheleene Joty; Sukarja, Detania; Robert, Robert
Ultimate Journal of Legal Studies Vol. 2 No. 2 (2024): Law and Society
Publisher : Talenta Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/uljls.v2i2.23450

Abstract

Palm oil plantations are a leading Indonesian commodity with a strategic role. Foreign investment activities are subject to Law No. 25 of 2007 concerning Investment and Presidential Regulation No. 10 of 2021, which was later amended by Presidential Regulation No. 49 of 2021. Under these regulations, palm oil plantations do not require restrictions on capital ownership, meaning they can be fully owned by foreigners. This research addresses the legal aspects of foreign investment in the palm oil plantation sector, examines whether the size of foreign ownership correlates with the challenges posed by palm oil plantations, and examines whether existing regulations regarding Foreign Direct Investment (FDI), particularly in the palm oil plantation sector, are effective in ensuring economic sovereignty. Using normative legal research methods. The results indicate that the environmental and social impacts of palm oil plantations are not directly correlated with the company's ownership structure but rather relate to the company's operational practices and approach to local communities. Furthermore, although the state does not limit the size of foreign capital ownership, its presence in maintaining economic sovereignty is manifested in policies related to restrictions and obligations, such as those related to land rights, where investors can only hold a Cultivation Use Rights (HGU) for a specific period, and obligations regarding plasma plantation development and land allocation. This research also shows that regulations in oil palm plantations still require improvement to address overlapping and disharmonious regulations.  
The Harmonization of Judicial Status: Urgency of the Draft Law on the Magistracy in Affirming Judges as State Officials and Its Impact on Judicial Human Resource Management Jesica, Kenny
Ultimate Journal of Legal Studies Vol. 2 No. 2 (2024): Law and Society
Publisher : Talenta Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/uljls.v2i2.23465

Abstract

The affirmation of judges status as state officials in the Draft Law of the Magistracy (RUU Jabatan Hakim) constitutes an urgent constitutional measure to strengthen the independence of judicial power in Indonesia. Although Law No. 48 of 2009 has explicitly recognized judges as state officials, in practice this status continues to overlap with the civil service regime. This dualism has created structural problems that undermine judicial independence, as judges remain bound by career patterns, salary systems, and disciplinary mechanisms under executive control. This normative legal research aims to analyze the urgency of affirming judges pure status as state officials and to formulate the concept of a complete separation from the Civil Service system. The findings indicate that recognizing judges as state officials would provide stronger legal protection, ensure autonomy in appointment and promotion, and establish a sui generis career system based on competence and integrity. The Draft Law on the Judiciary is expected to create an independent judicial personnel system encompassing proportional regulations on salaries, allowances, and pensions in line with the dignity of the judicial office. However, judicial independence must be balanced with accountability through transparent ethical and technical oversight by the Supreme Court and the Judicial Commission. Therefore, the formulation of the Draft Law on the Judiciary represents not merely an administrative reform, but a fundamental effort to uphold the independence of judicial power as mandated by Article 24 of the 1945 Constitution, and to reinforce public trust in the judiciary as the ultimate guardian of justice.
LEGAL ANALYSIS OF FOREST BURNING BY PT HERMES SUGAR INDONESIA FROM A HUMAN RIGHTS PERSPECTIVE Silitonga, Rizky Pani Hamonangan; Hutahuruk, Christina Gracef; Muyassar, Mauris; Desiandri, Yati Sharfina
Ultimate Journal of Legal Studies Vol. 2 No. 2 (2024): Law and Society
Publisher : Talenta Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Environmental protection is a fundamental component of human rights, particularly the right to a clean and healthy environment. In Indonesia, forest fires whether due to natural factors or human activity pose serious threats to environmental sustainability and violate the constitutional rights of affected communities. This journal article examines the legal framework regulating forest burning under Law No. 32 of 2009 on Environmental Protection and Management and analyzes the liability of PT Hermes Sugar Indonesia (PT HIS) for forest fires that occurred in Central Kalimantan. Furthermore, it evaluates the case from the perspective of human rights as guaranteed in the 1945 Constitution and Law No. 39 of 1999 on Human Rights.
JURIDICAL ANALYSIS OF THE USE OF CRYPTOCURRENCY (CRYPTO ASSETS) AS A MEANS OF MONEY LAUNDERING AND ITS HANDLING BASED ON THE REGULATIONS OF THE COMMODITY FUTURES TRADING SUPERVISORY AGENCY (BAPPEBTI) NO.5 AND NO.6 OF 2019 Siregar, Achmad Kamal Mansur; Sunarmi; Robert
Ultimate Journal of Legal Studies Vol. 3 No. 2 (2025): Development of Legal Science
Publisher : Talenta Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The development of financial technology has given rise to Cryptocurrency as a popular form of digital asset in various parts of the world, including Indonesia. Its decentralized nature, high anonymity, and ease of cross-border transactions make Cryptocurrency an instrument vulnerable to misuse, including as a means of money laundering (TPPU). This study aims to: (1) analyze the legal provisions governing the prohibition of Cryptocurrency as a means of money laundering; (2) assess the extent to which Indonesian positive law, specifically BAPPEBTI Regulation No. 5 of 2019 and BAPPEBTI Regulation No. 6 of 2019, is adequate in preventing crypto misuse; and (3) identify strategies for prevention, supervision, and enforcement against crypto-based money laundering practices in Indonesia. The research method used is normative legal research with a juridical-descriptive approach. The research data was obtained from primary legal materials in the form of laws and court decisions, as well as secondary legal materials in the form of legal literature, scientific journals, official agency reports, and actual case studies. The analysis was conducted qualitatively by interpreting and examining the alignment between legal norms and field practices. The results show that although BAPPEBTI Regulations No. 5 and No. 6 of 2019 provide a legal basis for regulating the trading of crypto assets as digital commodities, these regulations still focus more on the technical aspects of trading and asset registration, rather than on preventing money laundering. This indicates that national legal instruments still have weaknesses in terms of enforcement, inter-agency coordination, human resource capacity, and international cooperation.
Fulfilment Children's Rights in the Digital Age: Between Protection and Privacy Rambe, Ahmad Putra Syahpitri; Putra, Sammuel; Ramadhani, M. Saad; Bariah, Chairul; Desiandri, Yati Sharfina
Ultimate Journal of Legal Studies Vol. 3 No. 2 (2025): Development of Legal Science
Publisher : Talenta Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/uljls.v3i2.23577

Abstract

The rapid development of digital technology has significantly transformed patterns of social interaction, particularly among children, who are increasingly active users of digital platforms such as YouTube, TikTok, and online gaming applications. While these platforms provide opportunities for creativity and educational development, they also expose children to substantial risks concerning privacy rights and personal data protection. This study aims to analyze the legal protection of children’s privacy rights in the digital era from the perspectives of human rights and constitutional law. The research employs a normative juridical method using statutory, conceptual, and comparative approaches by examining child data protection practices in several countries. The findings reveal that Indonesia’s legal framework, including Child Protection Law of Indonesia and Personal Data Protection Law of Indonesia, has not specifically regulated the protection of children’s personal data in a comprehensive manner. In addition, institutional coordination among KPAI, Kominfo, and Kemendikbudristek remains ineffective, resulting in suboptimal supervision of children’s digital activities and content exposure. Therefore, the study emphasizes the urgency of establishing implementing regulations specifically oriented toward child data protection, strengthening digital literacy programs, and developing child-friendly algorithmic monitoring systems. The protection of children’s rights in the digital environment constitutes not only a legal obligation of the state but also a constitutional and moral commitment to safeguarding human dignity in the technological era.

Page 3 of 3 | Total Record : 27

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