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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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Restrictions on the Public's Right to Freedom of Expression from a Utilitarian Perspective Destiana Vani Candra; Devika Graciella Gunawan; Michelle Kurniawan; Joel Natanael; Kaniko Dyon Geraldi; Baharuddin Jusuf Habibie; Lawrentius Kennardy
Tarumanagara Law Review Vol. 8 No. I (2026): Talrev-Untar
Publisher : Faculty of Law Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/talrev.v8iI.38966

Abstract

Indonesia, as a state based on the rule of law, positions law as an instrument to realize the values of justice, democracy, and the protection of citizens' rights. From a utilitarian perspective, a good law is one that can provide the greatest benefit and happiness for the greatest number of people. This article aims to analyze the utilitarian perspective and its application to the restriction of the right to freedom of expression within Indonesia’s legal framework. The findings indicate that the implementation of restrictions on freedom of expression in Indonesian legislation still requires further examination, as its enforcement remains uneven. From the utilitarian point of view, such restrictions should ideally provide benefits and happiness for society, while reflecting the values of justice and the public interest. However, in reality, this has not been fully achieved. Various forms of restriction remain disproportionate and tend to silence minority voices, thereby failing to deliver the benefits envisioned by utilitarian principles. Therefore, the restriction of freedom of expression within Indonesia’s legal system, from a utilitarian perspective, still requires greater attention in its implementation. This is crucial to ensure that its application truly provides the greatest possible benefit and happiness for all members of society, rather than serving the interests of particular groups.
Legal Analysis of Institutional Governance of Upstream Oil and Natural Gas Management After The Constitutional Court’s Decision Martin Edward Awuy; Ariawan Gunadi
Tarumanagara Law Review Vol. 2 No. I (2020): Talrev-Untar
Publisher : Faculty of Law Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/talrev.v2iI.38971

Abstract

In reality, the management of oil and gas resources tends to prioritize investment and exports, without considering the strategy of reserving oil and gas resources for the people's future needs. Throughout its history, the Oil and Gas Law has been subject to several judicial reviews at the Constitutional Court. Constitutional Court Decision Number 36/PUU-X/2012 stated that several articles and explanations related to BP Migas contradict the 1945 Constitution of the Republic of Indonesia and have no binding legal force. The research method used by the author is a normative legal research method. In the Oil and Gas Law, the concept of institutional governance in the upstream oil and gas sector distinguishes between mineral rights, mining rights, and economic rights. There are three concepts of legal entity status of upstream oil and gas sector institutions: the Government directly acts as a party to the contract, the Government assigns a National State-Owned Enterprise, or the Law establishes and assigns an institution that is given authority in the upstream oil and gas sector.
Legal Protection For Railway Service Users Related to Sexual Harassment That Occurred On Trains is Governed by Law Number 8 of 1999 Concerning Consumer Protection (Case Study of PT. Kereta Api Indonesia) Fellycia Lauwtania
Tarumanagara Law Review Vol. 2 No. I (2020): Talrev-Untar
Publisher : Faculty of Law Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/talrev.v2iI.38972

Abstract

There are various means of public transportation provided by the government in Indonesia, one of which is transportation provided by PT. KAI (Indonesian Railways). Transportation provided by PT. KAI is in the form of locomotive trains spread across several islands and connects areas that require a fairly long travel time, including Java. Because the journey takes a long time, PT. KAI should be able to provide comfort and security for consumers, especially legal protection. However, in reality, legal protection for consumers has not been fully fulfilled, as in several cases that have occurred, namely the continued occurrence of sexual harassment on trains. This study aims to determine how PT. KAI should act in providing legal protection and responsibility for cases of sexual harassment that occur on trains. This study uses a normative juridical method because it is based on a statutory regulatory approach. The data used in this study are secondary data and other laws as literature.
Bankruptcy Application to AAA Securities Company by a Creditor as a Customer, Revied from a Bankruptcy Law Perspective (Case Study of Decision No. 08/Pdt.Sus.Pailit/2015/PN.Niaga.Jkt.Pusat) Marshel Setiawan
Tarumanagara Law Review Vol. 1 No. II (2019): Talrev-Untar
Publisher : Faculty of Law Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/talrev.v1iII.38973

Abstract

In the rapid economic development and development in Indonesia, many kinds of businesses and businesses with legal and non-legal entities, such as companies and individuals are born, aiming to achieve maximum profits. Often many companies and individuals get large profits and vice versa experience setbacks and losses that ultimately experience bankruptcy. Bankruptcy that occurs often causes losses to the parties related to the company that is experiencing bankruptcy, the parties that often experience losses in this case are creditors who have rights and often the creditors who have receivables, in preventing the rights of creditors being injured, today many of the creditors who submitted PKPU and Bankruptcy to the Commercial Court in Indonesia. Creditors consist of several types in bankruptcy law, which of course have different rights and obligations in dealing with the bankruptcy of a debtor. The purpose of this study is to legally examine the filing of bankruptcy requests to AAA securities by creditors on the client side from the perspective of bankruptcy law. The final conclusion of the entire analysis will explain the various types of creditors in bankruptcy law and their rights and obligations in filing PKPU and bankruptcy in law. bankruptcy in Indonesia so that creditors and debtors are not harmed according to the law due to an error in the implementation of bankruptcy law by parties involved in bankruptcy law in Indonesia, so that it is expected to be used as knowledge and guidance by creditors and debtors in order to know their rights and their obligations in handling bankruptcy issues in Indonesia.
Application of The Principle of Good Faith in Regards to Trademark Dispute Cases in Court Decisions in Indonesia (Case Study: Number 11/Pdt.Sus-Merek/2016/Pn.Niaga.Jkt.Pst) Indah Windriyanti; Martono
Tarumanagara Law Review Vol. 1 No. II (2019): Talrev-Untar
Publisher : Faculty of Law Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/talrev.v1iII.38982

Abstract

This research is titled "Application of Good Faith Related to Trademark Disputes Cases in Indonesian Court Decisions (Case Study: Number 11/Pdt.Sus-Trademark/2016/PN.Niaga.Jkt.Pst). In this thesis the thing discussed is about One of the fields of Intellectual Property Rights (IPR) is Trademark. One of the fundamental issues in the debate over trademark disputes concerns about how to determine the existence of 'good faith' based on Law no. 20 of 2016 concerning Trademarks and Geographical Indications must be proven by the intention of the applicant to imitate, copy or follow the brands of other parties for the sake of his business so as to create unfair business competition conditions, deceive, or mislead consumers. Provisions and formulations related to the notion of good faith in the law, especially the trademark law, as well as other definitions contained in the Indonesian language dictionary and the legal dictionary, do not provide clear limits and criteria about bad faith, so that it always raises many related conflicts the attempt to cancel a brand in bad faith. Determining this bad intention is important in resolving famous trademark disputes in the Court, because the court has the authority to interpret the formulation of the law. In this context a judge needs to make a legal discovery
Criminal Liability of Corporations in Criminal Acts of Corruption Chandra Apriadi; Firman Wijaya
Tarumanagara Law Review Vol. 1 No. II (2019): Talrev-Untar
Publisher : Faculty of Law Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/talrev.v1iII.38985

Abstract

The concept of criminal liability towards corporations is a new concept in criminal law. Before the advent of this concept, only natural people were subject to criminal law, but now corporations are subject to criminal law. The problem faced is corporate criminal responsibility in corruption. The research method used in this paper is a normative legal research method. Normative legal methods are research methods that use literature to discuss existing legal issues. Corporate criminal liability for corrupt acts committed by corporations can be carried out by: corporation, management and corporation. Corruption criminal acts that can be carried out by corporations are criminal acts of corruption that are regulated in Article 2 paragraph (1), Article 3, Article 5 paragraph (1), Article 6 paragraph (1), Article 7, Article 13, Article 15, and Article 16 Law 20 of 2001 concerning Eradication of Corruption. So not all criminal acts of corruption can be committed by corporations.
Law Enforcement Regarding Children Who Are Victims Of Domestic Violence Based On Law No. 35 Of 2014 Concerning Amendments To Law No. 23 Of 2002 Concerning Child Protection (Case Study: Decision No. 322/Pid.Sus/2014/Pn.Jkt.Tim) Andreas Eka Prasetya
Tarumanagara Law Review Vol. 1 No. II (2019): Talrev-Untar
Publisher : Faculty of Law Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/talrev.v1iII.38986

Abstract

The child is a mandate as well as a gift from God Almighty, even the child is considered as the most valuable asset compared to other assets. Thus, children must always be protected and protected because in their children the inherent dignity, dignity and rights of a child must be upheld. However, in reality children often become victims of violence, especially domestic violence. This is found in decision No.322 / Pid.Sus / 2014 / PN.Jkt.Tim. In this ruling, child abuse was committed by his father to his own child. violence happened because his father was upset about his son because his son was often sick and troubled the father. The method used in this study is normative juridical legal research. Normative juridical legal research is research based on literature taken from library materials or document studies, carried out in an effort to obtain the necessary data related to the problem. The data used is secondary data consisting of primary legal materials and secondary legal materials. For data analysis performed with qualitative juridical analysis method. Regarding the consideration of the judges Case Number: 322 / Pid.Sus / 2014 / PN.Jkt.Tim, dated June 24, 2014, these considerations have been proven by using Article 44 paragraph (1) of Law Number 23 of 2004 concerning Elimination of Domestic Violence Stairs. However, as a result of this decision there was still much violence against children that occurred in the surrounding environment, especially the family environment and did not give a sense of deterrent effect on the perpetrators. From the decision analysis, it can be seen that the application of Article 44 paragraph (1) of Law Number 23 of 2004 concerning the Elimination of Domestic Violence as the basis of the Public Prosecutor's indictment is deemed weak in an effort to protect the interests of children's rights and rights. Child protection as a victim of criminal acts will be more equitable if the charges are prepared using Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection because it provides protection for children's interests and rights while providing a sense of deterrent effect optimal for the perpetrator/defendant and threatens to punish the perpetrator/defendant more severely.
Analysis of the Rejection of the Patent Protection Application for Bajaj Auto Technology (Study of the Supreme Court Decision of the Republic of Indonesia Number: 802K/Pdt.Sus/2011) Fenly Tengko
Tarumanagara Law Review Vol. 1 No. II (2019): Talrev-Untar
Publisher : Faculty of Law Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/talrev.v1iII.38987

Abstract

The rejection of Bajaj Auto's lawsuit is not in accordance with the Patent Law on the grounds that Bajaj Auto has a novel element, namely using 2 spark plugs in one cylinder and this is the first system in the world. The placement aspect is one V engine (double cylinder) and the other is a single cylinder. The responsibility of the Indonesian Patent Office for patent registration applications with patent rights that have been received through the Patent Cooperation Treaty (PCT) is to carry out the administration of the Directorate General of Intellectual Property Rights and the implementation of other functions assigned by the Minister, carry out monitoring, evaluation and reporting in the field of IPR legal protection, formulate policies in the field of intellectual property legal protection and resolve IPR registration applications.
Analysis of Legal Protection for Borrowers' Personal Data in Online Loan Application Services (Case Study: PT Barracuda Fintech Indonesia) Ardyanus Hartony Laos; Ariawan Gunadi
Tarumanagara Law Review Vol. 2 No. I (2020): Talrev-Untar
Publisher : Faculty of Law Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/talrev.v2iI.38999

Abstract

In online loan application services, (Fintech) many people have complained about problems regarding the dissemination of personal data carried out by online loan organizers (Fintech Companies) without confirmation and permission of the data owner. In this regard, it is important to study the legal protection of borrowers' personal data in online loan application services, and sanctions for breaches of personal data. The purpose of this thesis research is to examine the legal protection of the borrower's personal data in online loan application services. The method that will be used in writing this thesis is a normative research method with a statutory approach and a facts approach. The study results show that legal protection and sanctions for breaches of personal data are regulated in Law no. 11 of 2008 and its amendments regarding Information and Electronic Transactions, and in the Financial Services Authority Regulation No. 77/POJK.01/2016 concerning Information Technology-Based Lending and Borrowing Services, which is confirmed in Article 26 that:” "The organizer is responsible for maintaining the confidentiality, integrity and availability of user's personal data and in its use must obtain approval from the owner of the personal data unless otherwise stated. by the provisions of laws and regulations.
Analysis of the Designation of the Islamic Defenders Front (FPI) Civil Society Organization as a Prohibited Entity in Relation to the Guarantee of Freedom of Association in Indonesia Fernando Afsaloon
Tarumanagara Law Review Vol. 2 No. I (2020): Talrev-Untar
Publisher : Faculty of Law Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/talrev.v2iI.39000

Abstract

Community organizations are an organization founded and formed by the community voluntarily based on similarity, aspirations the will of, , needs the interests of activities and the purpose of participating in development to achieve the objectives of the unitary state of the republic of Indonesia are based on Pancasila. The type of research that is used in this research is normative. Research Based on the discussion to determine the FPI as forbidden organizations in Indonesia set with the bottom of the decree of 6 officials namely, interior minister of justice and human rights, the communication and informatics, the attorney general, leader mp, and head of. national counter terrorism Were due to the FPI so often perform activities that break the rules. Deputy Minister of Law and Human Rights Edward Omar Sharif Hiariej recited the decree of decision on the prohibition of the use of symbols and attributes as well as the cessation of activities of FPI.

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