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Tarumanagara Law Review
Published by Universitas Tarumanagara
ISSN : 26847744     EISSN : 26847752     DOI : https://doi.org/10.24912/talrev
Core Subject :
Tarumanagara Law Review (TaLrev) is a peer-reviewed academic journal published by the Faculty of Law, Universitas Tarumanagara, Indonesia. The journal provides a platform for academics, researchers, legal practitioners, and students to publish original research articles and review articles addressing contemporary legal issues. Its focus and scope include Constitutional Law, Administrative Law, Civil Law, Criminal Law, Business and Commercial Law, International Law, Environmental Law, Labour Law, Intellectual Property Law, Tax Law, Customary Law, Legal Theory and Philosophy, Comparative Law, Law and Society, and other contemporary issues in law.
Arjuna Subject : -
Articles 57 Documents
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The Role of Political Ideology on Devolution of State Objectives Ibnu Sina Chandranegara; Syaiful Bakhri
Tarumanagara Law Review Vol. 1 No. I (2019): Talrev-Untar
Publisher : Faculty of Law Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/tlrev.v0i0.3055

Abstract

The state objective is one of the contents of a constitution, the historical development of the theory of the state explains that the state objectives theory evolves to adjust the origin of the will of the formation of the state. Ideology as a foundation in a country is a factor that sometimes determines in preference in the formulation of the goals of a nation. This article is intended to discuss ideological evolution in the process of formulating state goals which ultimately affects the character of the constitution in a state.
The Liabilities of the Drone Operators on the Loss of the Third Parties Based on Indonesian Regulation Amad Sudiro; Naomi Jesica
Tarumanagara Law Review Vol. 1 No. I (2019): Talrev-Untar
Publisher : Faculty of Law Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/tlrev.v0i0.3057

Abstract

Air transport has experienced many developments; now air transport can be controlled remotely and being called drones. In practice, the operation of the drone can bring harm to the third party. The reason why the author chose the topic is because of the attractiveness of technological developments affecting air transport. The author would like to find out more about the liability of the operators of drones against the damage of the third party. The research questions in this paper related to the legal status of the drone as an aircraft according to Indonesian national regulation and the liability of the operators of drone against the losses of the third party. The method research in this paper using qualitative normative research methods that are supported by the data of the interview. Data research results indicate that drone could be considered as an aircraft, but drones as the aircraft included in model aircraft. The liability of the operators of drones against the damage of the third party using the system of strict liability where it is not needed any proof, absolute liability system is regulated in Law No. 1 of 2009 concerning Aviation. The author recommends the regulations for drone has to be clarified and regulated more specifically about the drone operator's liability towards third parties, a quantity of insurance, and legal status as an aircraft.
Law Enforcement Towards Environmental Damage and Pollution Caused by Open-Pit Coal Indriyane Vera Natalia; Maret Priyanta
Tarumanagara Law Review Vol. 1 No. I (2019): Talrev-Untar
Publisher : Faculty of Law Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/tlrev.v0i0.3058

Abstract

The mining industry is the primary source of the state’s revenue. The legal instrument governing the mining industry in Indonesia is Law No. 4 of 2009 on Mineral and Coal. Unfortunately, the existence of the mining industry in various regions in Indonesia, especially open-pit coal mining industries, raises multiple problems, one of which related to the aspect of environmental law. The issues which arise in forms of pollution and ecological damage. These problems still occur in several open-pit coal mining areas such as in Bengkulu and South Kalimantan. Environmental law is expected to be a tool to protect the environment from various negative impacts of business activities and from citizens who lack awareness towards the environment, in order to guarantee the sustainability of environmental functions. One of the steps that need to be done is enforcing environmental law effectively. Enforcement can be done in forms of preventive and repressive, which means through administrative, criminal and civil procedures. Thus, the existence of the mining industry is expected to continue to support sustainable development in Indonesia. This research is normative legal research through the method of legislative approach, conceptual approach and analytical approach. The object of the normative legal analysis is in the form of qualitative legal materials, namely primary legal material (legislation) and secondary legal material (library materials). The specification of this study is inferential research, which doesn’t merely describe facts but draws general conclusions that can be the basis of deduction to determine steps to deal with legal problems and define the position of the issues in the national legal system as well. Regarding the research data, both secondary and primary data, a qualitative juridical analysis was carried out using the method of legal interpretation, especially grammatical interpretation, historical interpretation, and systematic interpretation and analogy and constructivism, the results of which were written descriptively.
Energy Conservation Policy Reform in Indonesia: Attempt to Trace Its Basic Reason of Change Ahmad Redi; Luthfi Marfungah
Tarumanagara Law Review Vol. 1 No. I (2019): Talrev-Untar
Publisher : Faculty of Law Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/tlrev.v0i0.3059

Abstract

Energy constitutes a significant element which is needed by human beings. However, energy need can be threatened when its conservation is not implemented correctly. Energy conservation will provide certainty of sustainability and energy harmony as something which later on can be used by the present and future generations. Law is one of the instruments appointed to regulate conservation policy. At present, it is known energy conservation policy is governed in various legislative regulations. However, fundamental law which governs energy conservation is subject to the regime of Act Number 30 of 2007 on Energy (Energy Act). In the Act arrangement of energy conservation can be found in Article 25. The article is then regulated by Government Regulation Number 70 of 2009 on Energy Conservation (PP of Energy Conservation). However, energy conservation policy in PP of Energy Conservation legally cannot be executed because of many problems in it. This research wishes to assess how conservation energy in Indonesia at present and why the current policy needs a change. To answer the said issues, we perform doctrinal research type of research, the data used are secondary ones in the forms of legal documents, and the law approach study. The nature of this research is prescriptive, and the data analysis technique is deductive. The result of research shows that at present in Indonesia has various provisions of legislative regulations which regulates energy conservation. However, precisely the legal instrument is regulated in government regulation on PP Energy Conservation, which has problems concerning its implementation.
Harmonization Arbitration Law: A Discourse for Investor–State Arbitration in the ASEAN Economic Community Suyud Margono
Tarumanagara Law Review Vol. 1 No. I (2019): Talrev-Untar
Publisher : Faculty of Law Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/tlrev.v0i0.3068

Abstract

The implementation of the ASEAN Economic Community (AEC) may increase trade and commercial activities in the number of intra-ASEAN, including investment disputes between investors and ASEAN Member States. In that regard, the ASEAN Comprehensive Investment Agreement (ACIA) provides aggrieved investors the option to refer their disputes to arbitration in resolving their disputes. Many foreign arbitrage decisions are found to be time-consuming when it comes to enforcing the decision and cases over the final and legal binding arbitrage decision being overturned by the court’s decision in Indonesia. Thus, the efficiency and effectiveness of the arbitration process are being negated. The ASEAN Comprehensive Investment Agreement (ACIA) that provides the legal basis for the AEC’s liberalized investment regime establishes an investor-state dispute resolution mechanism (ISDR mechanism).
Grounding Structural Legal Aid in Indonesian Legal Education: An Effort to Build an Emancipatory Paradigm Raihan Muhammad
Tarumanagara Law Review Vol. 8 No. II (2026): Talrev-Untar
Publisher : Faculty of Law Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/talrev.v8iII.38401

Abstract

Legal education in Indonesia continues to face a gap between doctrinal legal knowledge and the social realities in which law operates. The dominance of formalistic approaches may produce technically competent graduates while providing limited capacity to identify and respond to structural injustice and unequal access to justice. This article examines how Structural Legal Aid (SLA) can be translated into a curricular and pedagogical framework for Indonesian legal higher education. The study employs a normative-conceptual approach informed by socio-legal and comparative perspectives. It examines legal and conceptual materials concerning legal aid, clinical legal education, legal empowerment, access to justice, critical legal studies, and social justice education, complemented by comparative materials from the United States, South Africa, and Australia. The analysis finds that existing clinical and experiential approaches provide important bridges between legal doctrine and practice but do not necessarily provide a systematic framework for identifying and responding to the structural conditions underlying legal problems. The article argues that SLA can fill this conceptual gap by connecting experiential learning with structural analysis, community engagement, multi-strategy advocacy, and critical reflection. Its contribution lies in translating SLA from a model of legal advocacy into a curricular framework for legal education and in conceptualizing alignment as a reflective legal competency, rather than as ideological instruction. The proposed framework reconfigures legal education by connecting doctrinal learning, socio-legal inquiry, clinical practice, community engagement, and reflective assessment toward substantive justice.
Human Rights Violation as a Factor of Asymmetry in Determining State Financial or State Economic Losses in Handling Indonesian Corruption Cases Muhammad Syafiq Wafi
Tarumanagara Law Review Vol. 8 No. II (2026): Talrev-Untar
Publisher : Faculty of Law Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/talrev.v8iII.38410

Abstract

This study examines the use of corruption-crime regulations framed as state financial and economic losses, which are often considered irrelevant and may violate human rights principles. This has implications for adjudicating corruption cases when the amount of state financial or economic loss is not proportionate to the perpetrator's actions; in such cases, the state may be seen as violating human rights principles against the perpetrator. This study uses normative legal research because it examines human rights principles in court decisions on corruption cases involving state financial or economic losses. The approaches used are conceptual, philosophical, case-based, and statutory. The legal research materials were collected through literature reviews from books, journals, and other related research, and analyzed descriptively and qualitatively. The findings indicate that using regulations on corruption crimes in the form of state financial and economic losses is often considered irrelevant and therefore violates human rights principles, namely lex certa, lex stricta, proportionality, and fair trial. Therefore, this has implications for state financial or economic losses, which rely on qualitative calculations and do not reflect real and definite losses, given that determining a very large nominal amount is certainly misleading in law enforcement activities in Indonesia.
Reconstructing Environmental Litigation without a Comprehensive Climate Law in Indonesia Wahyu Nugroho; Eko Nuriyatman; Chhaya Bhardwaj
Tarumanagara Law Review Vol. 8 No. II (2026): Talrev-Untar
Publisher : Faculty of Law Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/talrev.v8iII.38510

Abstract

Climate-related environmental harm poses a particular challenge in Indonesia, where climate obligations remain dispersed across environmental and sectoral legal regimes because Indonesia lacks a comprehensive Climate Law. This study examines how such regulatory fragmentation affects legal accountability for climate-related environmental harm and how existing environmental litigation can be reconstructed as a judicial pathway toward climate accountability. It employs qualitative doctrinal legal research incorporating statutory, conceptual, case-law, and limited comparative analysis. The study analyses Indonesian constitutional and environmental legal norms, relevant sectoral regulations, selected judicial decisions concerning environmentally harmful activities with climate implications, and comparative climate-litigation scholarship. The findings show that Indonesia does not face a legal vacuum but a fragmented climate legal architecture that creates a climate accountability gap, particularly on causation, attribution, standing, scientific evidence, responsibility, and remedies. The study further identifies substantive climate relevance as the threshold for determining when environmental harm warrants climate-responsive adjudication. Once this threshold is established, existing legal foundations can be reconstructed through integrated judicial reasoning on causation, evidence, standing, and responsibility, with remedies extending beyond compensation to ecological restoration, prevention, and prospective protection. The study contributes a transitional judicial pathway that enables environmental litigation to address climate-related harm while preserving legality, scientific reliability, procedural fairness, proportionality, and institutional restraint.
Strengthening The Legislative Function Of Indonesia’s Regional Representative Council: A Comparative Study With The Australian Senate M. Hafis Isro
Tarumanagara Law Review Vol. 8 No. II (2026): Talrev-Untar
Publisher : Faculty of Law Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/talrev.v8iII.38511

Abstract

This research examines the strengthening of the legislative function of the Regional Representative Council of the Republic of Indonesia (DPD RI) within a bicameral system through a comparative study with the Australian Senate. The establishment of the DPD RI post-amendment of the 1945 Constitution was intended to bolster regional representation and establish a checks-and-balances mechanism in national legislative processes. However, in practice, the legislative authority of the DPD RI remains profoundly limited compared to the People's Representative Council (DPR RI), categorizing Indonesia's structure as soft bicameralism. This condition starkly contrasts with the Australian Senate, which exercises strong bicameralism with legislative powers nearly equivalent to the House of Representatives. Utilizing a normative legal research method with a comparative approach, this study analyzes primary and secondary legal materials to identify systemic disparities. The findings reveal that the DPD RI suffers from structural limitations rooted in the constitutional design of Article 22D of the 1945 Constitution, whereas the Australian Senate derives robust, equal power from Article 53 of its Constitution. The study concludes that the ideal bicameral system for Indonesia is a moderate-strong bicameralism model—symmetrical in territorial affairs but asymmetrical in non-territorial matters. Achieving this necessitates a fifth amendment to the 1945 Constitution, revision of the MD3 Law, the introduction of a Joint Committee for deadlock resolution, and internal capacity building within the DPD RI
Conceptualizing Democratic and Social Problem-Oriented Public Services Amid Budgetary Efficiency Alendra Nauval Mufti Rayhan; Tasya Nabila Hurriyatun Nayyirah; Yudhistia Dwitara Murdiharto
Tarumanagara Law Review Vol. 8 No. II (2026): Talrev-Untar
Publisher : Faculty of Law Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/talrev.v8iII.38585

Abstract

This article examines the challenges of maintaining democratic and socially responsive public services amid fiscal efficiency policies in Indonesia’s decentralized governance system. Fiscal efficiency aims to optimize the use of public resources; however, its implementation may reduce local governments' capacity to fulfil basic public service obligations and protect citizens’ rights. This study aims to develop a democratic public service model that remains responsive to social needs while accommodating the need for budget efficiency. The research employs a normative juridical method using statutory and conceptual approaches. Primary legal materials include legislation on national development planning, legislative formation, regional government, government administration, and public services, supported by relevant secondary legal materials and analyzed descriptively and evaluatively. The study finds that budget efficiency should not be implemented unilaterally or solely on administrative and fiscal grounds. Instead, public service policies should be based on identifying actual social problems, meaningful public participation, evidence-based policy formulation, communicative deliberation, and continuous monitoring and evaluation. The analysis further shows that effective coordination between central and regional governments is essential to maintaining alignment among national development planning, regional autonomy, and public service delivery. Accordingly, fiscal efficiency should function as an instrument for improving public service quality rather than reducing the state’s capacity to fulfill public needs. This model contributes a framework for integrating fiscal efficiency, democratic governance, and social responsiveness within Indonesia’s decentralized public administration.

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