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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.
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Articles 57 Documents
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The Inventor Who Never Existed: Intellectual Property in the Age of AI Neelanksha Bhatia
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.38647

Abstract

Every branch of intellectual property law was built around the quiet assumption that a person sits behind the work, the invention, or the secret. Generative AI unsettles that assumption without giving courts anything clean to replace it. Ask whether an AI system can be an author, an inventor, or a party capable of keeping a promise of confidentiality, and the answer is almost always no. Still, that answer resolves very little, since it says nothing about who should be held responsible when an author is displaced, a consumer is misled, or a trade secret leaks with no one left to blame. This paper follows that gap as it shows up across copyright suits brought against AI developers in the United States, a patent dispute spanning nearly a dozen jurisdictions over whether an AI system can be named an inventor, trademark and publicity-rights claims arising from AI-generated likeness, and the quieter but arguably more urgent problem of what happens to a trade secret once it is pasted into a public chatbot. Along the way, it weighs the case-by-case litigation favored in the United States and the United Kingdom against the European Union's more pre-emptive, disclosure-driven approach. It argues that the more useful question courts and regulators should be asking is not what the AI is, but who among the people who built, deployed, or used it is best placed to answer for the harm once it occurs.
Humanitarian Values in the Dayak Society of Kalimantan Relevant to Universal Values and International Law Rina Rusman; Alexandre Faite; Nur Adila Muliadi Misnu
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.38712

Abstract

Humanitarian values, as well as human rights, are frequently mentioned for completing a legal ground in pursuing justice or protection for some community members, in particular when confronting or urging a power party while the legal ground is not sufficiently covered in the positive law of the country. Nowadays, there are a quite numbers of international treaties and national laws have covered or regulated the humanitarian values and human rights. More over, the treaties related to international humanitarian law (IHL) as a law applicable during war times have provided humanitarian protection not only for the soldiers not participating anymore in the war operation (hors de combat) but also for civilians not participating in the war or armed conflict. Despite many treaties have been ratified by many countries, several countries often delay or face difficulties in implementing the IHL norms. In this circumstance, promoting existing local values which are similar to certain international norms can be usefull for encouraging the impelementation of the related international norms. This study report is explaining the finding of the relevant local norms, in particular the traditional law or local wisdom of the Dayak community leaving in the Kalimantan island of Indonesia. It is found that, a number of universal humanitarian values which being covered in the treaties of IHL and human rights are compatible with certain traditional rules or local wisdom belong to the Dayak community.
The Transformation of MSMEs Through Sole Proprietorship Companies: Implications, Opportunities, and Challenges in the Digital Economy Era Ariawan Gunadi; Michael Ang; Aziq Rosdi
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.38715

Abstract

Micro, Small, and Medium Enterprises (MSMEs) serve as the backbone of Indonesia’s economy, contributing significantly to gross domestic product income and employment absorption. However, MSME actors still face administrative constraints, limited access to capital, and challenges in entering global markets. To address these issues, the government introduced the sole proprietorship company scheme under the Job Creation Law to simplify regulations and provide legal certainty for MSMEs. This study analyzes the implications, opportunities, and challenges of MSME transformation through sole proprietorship companies in the digital economy era. The research adopts a normative juridical method with a statutory and conceptual approach. The findings indicate that sole proprietorship companies facilitate business legality, improve access to capital, and expand market reach through business digitalization. However, challenges such as low digital literacy, infrastructure gaps, and cybersecurity risks remain significant obstacles. Therefore, affirmative policies, including digital education, infrastructure development, and stronger data protection regulations, are necessary to ensure the sustainability of MSMEs through sole proprietorship companies in the digital economy.
A Comparative Study of Regional Tax Offences and Their Investigation in West Java’s Regional Regulations Rizki Zakariya
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.38781

Abstract

Law Number 1 of 2022 on Fiscal Relations between the Central and Regional Governments (the HKPD Law) required every regency and municipality to redraft its Local Tax and Levy Regulation, including its criminal and investigative provisions. This article analyses 49 regulations (27 principal, 22 amending) from all 27 regencies and municipalities in West Java through normative-juridical content analysis of 36 variables. Of the 27 principal regulations, only two fully replicate the national sanction figures, seven adopt an adaptive model, fifteen adopt a minimalist blanket-norm model without figures, two deviate substantively, and one contains no criminal provision. All 25 regulations with an investigation chapter copy in full the eleven authorities of civil servant investigators (PPNS), yet none cites the Criminal Procedure Code in its legal-basis recitals. The article argues that the blanket-norm pattern operates as a "blank cheque" at odds with lex certa, that deviations removing the fault element or altering statutory penalties are ultra vires, and that gaps in the investigation chapters expose PPNS investigations to pre-trial (praperadilan) challenge. It proposes an ultimum remedium model that includes terminating investigations upon full payment of the tax loss plus an administrative surcharge, adapted from Article 44B of the General Tax Provisions Law.
Regional Elections Without Deputy Regional Heads: Authority Allocation Issues and Relationship Reconstruction in Indonesian Governance Muhammad Fathir Al Farisi Al Farisi; M. Nurabain Nazarbayev; A. Putra Alen Pratama; Augusto Rischy Tandirapang; R. Nayla Shafa Khumairah Suryakusumah
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.38783

Abstract

The discourse on holding regional head elections without deputy regional heads has once again raised fundamental questions concerning the design of regional leadership and the distribution of authority within local government. The main issue is not merely the existence of the deputy regional head position, but the imbalance between the electoral legitimacy jointly obtained by regional heads and deputy regional heads as a pair and the legal construction of authority that makes the regional head the primary holder of governmental authority. In contrast, the deputy regional head primarily serves in an assisting role. This study analyzes the problems in the distribution of authority between regional heads and deputy regional heads in the context of the discourse on regional head elections without deputy regional heads. It proposes a clearer, legally grounded, and accountable reconstruction of their institutional relationship and distribution of authority. This study uses a normative-empirical legal research method, drawing on statutory, conceptual, and case approaches. The findings indicate that unclear boundaries of authority create room for political agreements and personal-political dynamics to influence the distribution of roles, potentially causing legal uncertainty and institutional disharmony. Abolishing the deputy regional head position does not necessarily resolve these problems, as it may instead create new issues around workload distribution, succession mechanisms, coordination, and continuity of government. Therefore, a reconstruction is required to clarify the sources and limits of authority, establish the distribution of duties through formal instruments, strengthen measurable coordination and accountability mechanisms, and position political agreements solely as coordination instruments rather than sources of authority.
Demonstrators and the Role of Legislators from the Perspective of the Historical School of Law Muhammad Urifianto Ardhan; Raden Mahaputra; Rigel Budiman; Gregorius Godfrey Gunawan
Tarumanagara Law Review Vol. 7 No. I (2025): Talrev-Untar
Publisher : Faculty of Law Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/talrev.v7iI.38869

Abstract

This study aims to examine the relationship between public demonstrations and the role of legislators through the perspective of the historical school of law. The analysis focuses on how the frequency and intensity of demonstrations influence the legislative process and how this dynamic can be understood within a historical framework that views law as a reflection of the spirit of the people (Volksgeist). The research employs a descriptive quantitative approach, relying on secondary data drawn from academic publications, official reports, as well as nationally and internationally indexed journal articles published between 2019 and 2025. The collected data were analyzed using descriptive statistical techniques to map the phenomenon, complemented by correlational analysis through a synthesis of previous research findings. The results indicate that demonstrations in Indonesia significantly affect legislators’ responses, particularly regarding strategic issues such as law amendments, economic policies, and the protection of civil rights. Correlational analysis reveals a strong link between the intensity of public protests and the level of legislative responsiveness. These findings support the hypothesis that greater social pressure through demonstrations increases the likelihood of legislators aligning policies with public aspirations. Furthermore, the interaction between demonstrators and legislators is not merely a feature of modern democracy but also a continuation of Indonesia’s historical tradition in articulating collective will. The study highlights the importance of establishing formal mechanisms that integrate public aspirations into the legislative process more systematically, enabling demonstrations to serve as constructive instruments of democracy. The limitation of this research lies in its reliance solely on secondary data; thus, future studies are encouraged to incorporate primary data or longitudinal approaches. This study contributes to the development of the historical school of law while strengthening the understanding of the relationship between civil society and legislative institutions in Indonesia.
Demonstrations and Legislators' Responses from the Perspective of the Sociological School of Law Aurelia Andrapradeshtya Nur; Fadia Zahra Hanan; Gabriela Gunawan; Nabilah Tia Azzahra; Revan Filbert Nathaniel Tius
Tarumanagara Law Review Vol. 7 No. I (2025): Talrev-Untar
Publisher : Faculty of Law Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/talrev.v7iI.38909

Abstract

As a rechtstaat (rule-of-law state), Indonesia constitutionally guarantees the freedom of assembly, including public demonstrations, under Article 28E(3) of the 1945 Constitution. In practice, however, these articulations of public dissent are frequently met with repressive state actions, reflecting a prevailing formalistic legal paradigm. This paradigm reduces law to a mere instrument of public order, consequently disregarding complex social realities. This research analyzes the phenomenon of public demonstrations and the corresponding legislative responses through the theoretical lens of sociological jurisprudence. Employing a normative-empirical juridical methodology, the study utilizes secondary data acquired via comprehensive library research. The findings reveal that sociological jurisprudence, pioneered by Roscoe Pound and Eugen Ehrlich, conceptualizes law not as static statutes (law in books), but dynamically as living law and as law as a tool of social engineering. From this perspective, demonstrations—such as the widespread protests against the Omnibus Law are interpreted not as mere legal infractions, but as vital manifestations of this living law and essential social feedback. They signify a profound chasm between formal positive law and the public’s substantive sense of justice. Therefore, it is concluded that legislators aligned with a sociological perspective must eschew repressive reactions, adopting instead dialogical, participatory, and responsive engagement. Such a legislative response is imperative for substantive policy correction, reinforcing legal legitimacy, and ensuring the legal framework functions to achieve genuine social justice rather than existing solely as an instrument of power.
Legislators’ Responses to Demonstrations Demanding the Rituality of the Asset Confiscation Bill from the Perspective of Legal Positivism Ananda Febrinald Gultom; Edward Jonathan; Gabriel Yericho Damanik; Erland Jovian; Moses Cristofel
Tarumanagara Law Review Vol. 7 No. I (2025): Talrev-Untar
Publisher : Faculty of Law Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/talrev.v7iI.38910

Abstract

This article analyzes the legislators' response to demonstrations demanding the ratification of the Asset Forfeiture Bill (RUU Perampasan Aset) and its impact on public perception, while also explaining the legislators' stance through the perspective of legal positivism. Using a normative legal research method and a descriptive qualitative approach based on secondary data, this study finds that the legislators' response is accommodative yet conditional. The House of Representatives (DPR) openly accepted public aspirations but postponed the deliberation of the Asset Forfeiture Bill, citing procedural justifications—namely, the necessity of completing the revision of the Criminal Procedure Code Bill (RUU KUHAP) first to prevent regulatory overlap and maintain legal harmonization. This "stagnant" stance is explained by the view of legal positivism, which strictly separates formally enacted law (das Sein) from public moral demands or social justice (das Sollen). For these legislators, legal validity stems from absolute adherence to established procedures, not from mass pressure. In conclusion, the bill's delay is not a substantial rejection but rather a form of obedience to positive law (procedure) that overrides the demands for justice, ultimately creating a gap between formal legal certainty and the public's perception of political commitment to eradicating corruption.
Demonstrations and Responses from Legislators with Legal Realism Charisse Evania Tansir; Emmanuela Komala Sari; Nadia Intan Ceria; Silvia Evelyn
Tarumanagara Law Review Vol. 7 No. I (2025): Talrev-Untar
Publisher : Faculty of Law Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/talrev.v7iI.38915

Abstract

Demonstrations as a form of social expression and political participation are an important indicator of the dynamic relationship between society and government. This article examines the phenomenon of demonstrations from the perspective of legal realism and how legislators adhering to legal realism respond to them. Using juridical-normative research methods and legislative, conceptual, and comparative approaches, this study highlights the duality of pragmatic American legal realism and Scandinavian realism, which emphasizes psychological and social dimensions. The analysis shows that legal realism views law not as a static rule, but as a social process that evolves according to societal needs. Demonstrations are not merely protests, but rather a reflection of the gap between the rule of law and the public's sense of justice. Realist legislators' responses are reflective and adaptive, using demonstrations as a tool for legal evaluation to maintain legal relevance, social justice, and legitimacy. This research confirms that legislators adhering to legal realism play a crucial role in ensuring the law remains vibrant, responsive to social change, and serves as a means of connecting normative justice with social justice.
Demonstration and Response of Natural Law Legislators Richard Togi Sihombing; Aryabagja Adhimulya; Erlin Setyani; Gabriella Ranti; Very Armando
Tarumanagara Law Review Vol. 7 No. I (2025): Talrev-Untar
Publisher : Faculty of Law Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/talrev.v7iI.38918

Abstract

In 2024, widespread demonstrations across Indonesia signaled a profound crisis of public trust, driven by controversial policies regarding regional election laws, anti-corruption measures, and judicial independence. Using a normative legal research methodology, this paper examines these protests through the theoretical framework of Natural Law philosophy (Ius Naturale). The study analyzes how Natural Law views mass demonstrations as a criticism of unjust positive law and formulates how legislators ought to respond to public dissent. The findings reveal that positive law loses its moral validity and legal character when it deviates from universal principles of justice (Lex Injusta Non Est Lex). Consequently, civil protests are not merely transient political actions, but legitimate moral expressions grounded in collective human reason to defend inalienable natural rights and democratic sovereignty. For legislators, a Natural Law approach dictates that public demonstrations must not be met with defensive, purely procedural justifications. Instead, lawmakers are morally obligated to engage in open dialogue, evaluate policies against substantive justice, and boldly revise unjust legislation to restore harmony between formal legality, public morality, and the common good (Bonum Commune). Ultimately, this research emphasizes that to prevent institutional dysfunction, state policies must remain subordinate to higher ethical standards that uphold human dignity and true justice.

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