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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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Legal Protection for Mola TV as the 2019–2020 English Premier League Broadcasting Rights Licensee Against Illegal Online Streaming Under Law Number 28 of 2014 concerning Copyright (Bandung District Court Decision Number 420/Pid.Sus/2020/PN.Bdg) Benardictus Octo Caesariano
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.39001

Abstract

Copyright is an exclusive right for the Creator or the recipient of the right to publish or reproduce his work or grant permission for it without reducing the restrictions according to the applicable laws and regulations. Meanwhile, the rights of the creators include economic and moral rights. Economic rights are the exclusive rights of the creator or copyright holder to obtain economic benefits from a work, by carrying out: publishing the work, duplicating the work in all its forms, translating the work; adapting, arranging, or transforming the work. distribution of works or copies thereof, performances of works, announcements of creations, communication of works, and rental of works. Then the perpetrator may be subject to sanctions in accordance with Article 118 of the Copyright Law, and the owner of the relevant rights has the right to file a claim for compensation to the commercial court for violations of the related rights product. The right to file a civil lawsuit for infringement of copyright and/or related rights does not reduce the right of the creator and/or owner of the related rights to prosecute.
Execution of the Asset Seizure of State-Owned Enterprise PT PAL Indonesia Pursuant to an International Arbitration Award (Case Study: Central Jakarta District Court Order No. 038.2012.EKS Dated July 12, 2012) Jessie
Tarumanagara Law Review Vol. 3 No. I (2021): Talrev-Untar
Publisher : Faculty of Law Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/talrev.v3iI.39004

Abstract

Based on Law Number 19 of 2003 concerning State Owned Enterprises Article 11 states that: "Against Persero all provisions and principles that apply to limited liability companies apply as stipulated in Act Number 1 of 1995 concerning Limited Liability Companies" Therefore the State Owned Enterprises in the form of Persero must comply with the Law of PT. But in the Case of High Court Number 038.2012.EKS, PT. PAL (PERSERO) did not proceed accordingly, PT.PAL did not want to carry out the Court's Decision which has a permanent legal force because of differences in views with Law Number 1 of 2004 concerning State Treasury which states that: "Any party is prohibited confiscating state property "So that it creates legal problems that need to be further investigated, namely how is the Application of Law on Execution of Assets of State-Owned Enterprises in the event of a lawsuit from another party? And how is the application of Article 11 of Law Number 19 of 2003 concerning State-Owned Enterprises to the Assets of State-Owned Enterprises in the Decision of the High Court Number: 038.2012.EKS tertanggal 12 Juli 2012? The results showed, in Law Number 19 of 2003 concerning BUMN could not be implemented and could not provide legal certainty due to differences in views with Law Number 1 of 2004 concerning State Treasury. Law Number 19 of 2003 concerning BUMN Article 11 is considered not harmonizing with Law Number 1 of 2004 concerning State Treasury Article 50.
Circumvention of Law Regarding Share Ownership via Nominee Agreements Jessica Francis Gunawan
Tarumanagara Law Review Vol. 3 No. I (2021): Talrev-Untar
Publisher : Faculty of Law Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/talrev.v3iI.39005

Abstract

In this era of globalization, Indonesia is still classified as one of the developing countries. the Government continues to make various efforts so Indonesia can be a stable country. But up until now, Indonesia still continues to experience economic difficulties related to the situation both from inside and outside the country's related economic. Therefore, investment is very important in advancing the Indonesian economy. Investors that are investing in Indonesia must be subject to the applicable rules, one of which is the rules regarding share ownership. But not all sectors of the business field can be controlled entirely by foreign financiers to be able to invest optimally. This provision is one of the reason why foreign investors are looking for ways to control 100% of the shares because they certainly want to get the maximum profit. The only way is to use the concept of nominees that are done with nominee agreements. This concept is not allowed in the Indonesian legal system. But even though it is prohibited, foreign investors often use it as legal smuggling in order to control 100% of the shares. The issues raised are how the legal smuggling related to nominee agreements in terms of share ownership in Indonesia and how the legal consequences of legal smuggling related to share ownership with nominee agreements. This type of research is research for academic purposes, with the nature of prescriptive research, this nominee agreement of use is prohibited and consequences is the law is null and void agreements.
Law Enforcement Regarding Sting Operations in Corruption Cases Kresna Yogi Pratama
Tarumanagara Law Review Vol. 3 No. I (2021): Talrev-Untar
Publisher : Faculty of Law Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/talrev.v3iI.39006

Abstract

Corruption is a crime that is categorized as an extraordinary crime, the eradication of which must also be carried out in an extraordinary or particular way (extraordinary measure). In handling corruption cases, of course, various operations are carried out, including what is known as the Hand Catching Operation with a wiretapping technique, the results of which can be used as evidence for corruption. Law enforcement officers in Indonesia, namely the Corruption Eradication Commission (KPK), the Police and the Attorney General's Office, have the right to conduct wiretapping. However, in terms of its implementation, only the Corruption Eradication Commission can conduct wiretapping in terms of investigations. The efforts made by the Police and the Prosecutor's Office in dealing with Corruption Crimes will be maximized if the authority to conduct wiretapping is equated with the implementation of wiretapping carried out by the Corruption Eradication Commission. The type of research used is normative. The data used is secondary data obtained through library research or documentation and then analyzed by qualitative analysis.
The Doctrine of Piercing the Corporate Veil Regarding the Liability of Directors Concerning Company Asset Ownership (A Study of Denpasar District Court Decision Number 1200/Pdt.Bth/2019/PN.Dps) Winda Gadis Sukardi; Ariawan Gunadi
Tarumanagara Law Review Vol. 3 No. I (2021): Talrev-Untar
Publisher : Faculty of Law Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/talrev.v3iI.39008

Abstract

The principle of piercing the corporate veil simply can make the form of accountability of shareholders, directors and commissioners of the company in certain matters unlimited. In this research, the problem is: How is the regulation regarding the responsibility of the board of directors in their ownership assets according to the doctrine of piercing the corporate veil? and How is the relationship between the piercing of corporate veil doctrine and the business judgment rule doctrine? In this research method, the type of research using a normative juridical approach, in addition to research. The data source comes from the data secondary, namely by studying primary legal materials and secondary legal materials.Data collection is done by means of library research, namely:collect data by reviewing library materials or secondary data.Furthermore, the data were analyzed qualitatively. From the results then the directors must take personal responsibility to personal property and these two doctrines contradict each other, so the business judgment rule doctrine cannot be used in this case. It is recommended that the Board of Directors must be careful in carrying out their obligations and duties in determining policies for limited liability companies and the aggrieved parties are advised to as a result of the board of directors having committed an unlawful act.
Protecting State-Owned Assets from International Arbitral Execution: A Case Study of PT PAL Indonesia Adeline; Firman Wijaya
Tarumanagara Law Review Vol. 3 No. I (2021): Talrev-Untar
Publisher : Faculty of Law Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/talrev.v3iI.39009

Abstract

Cases of sexual abuse in children have received a lot of special attention in terms of handling, starting from the establishment of Government Regulation Number 1 of 2016, until the ratification of Government Regulation Number 20 of 2020 which contains additional criminal sanctions in the form of chemical castration. Chemical castration has previously been adopted by many countries in the world, but it is a new thing for Indonesia to implement it since the decision of the convicted person, Mohammad Aris, who sexually abused 9 minors. However, the existence of regulations regarding additional punishment in the form of chemical castration raises pros and cons in the medical and legal circles. The doctor appointed as the executor in carrying out the injection of chemical castration refuses on the grounds that his actions are not in accordance with medical principles such as the Code of Medical Ethics. Therefore, there is a legal vacuum that occurs due to the refusal of the doctor as the executor of the chemical castration punishment. Various discussions and efforts will be continued by the legal team and the medical team in order to make this chemical castration criminal punishment a success. The matter regarding the perpetrators must be severely punished, both parties have agreed, however, regarding the execution of chemical castration, there is still no middle ground regarding the executor who will carry out the injection.
Special Purpose Vehicles and Beneficial Ownership Transparency under Indonesian Company Law Winston Su
Tarumanagara Law Review Vol. 6 No. I (2024): Talrev-Untar
Publisher : Faculty of Law Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/talrev.v6iI.39021

Abstract

This article examines how Indonesian law permits special purpose vehicles (SPVs) while requiring disclosure of the natural persons who ultimately own or control them. The research uses a normative legal method, reading the Financial Sector Development and Strengthening Law, the tax-amnesty SPV regulations, Presidential Regulation No. 13 of 2018, and the implementing rules on beneficial ownership together with international guidance. It finds that the expression SPV has different meanings in different regulatory settings: a regulated vehicle for securitization or trust administration under the 2023 financial-sector law, and an intermediary with no active business in the 2016 tax-amnesty regulation. Neither definition makes an SPV inherently unlawful. The legal concern is the use of layered ownership, nominee-like arrangements, or inaccurate filings to conceal ultimate control and the source of assets. Presidential Regulation No. 13 of 2018 looks beyond formal shareholding to voting rights, profits, appointment powers, effective control, and actual funding. Minister of Law Regulation No. 2 of 2025 adds risk-based verification, data analysis, supervision, and graduated administrative sanctions. The article argues that effective oversight requires a purpose-specific assessment of each SPV, tracing control to natural persons, testing declarations against supporting documents, and coordinating corporate and financial-sector supervision.
The Urgency of an Insolvency Test for Bankruptcy in Indonesia: Singapore and Hong Kong Compared Stefanie Vernica Soetedjo; Lewiandy
Tarumanagara Law Review Vol. 6 No. I (2024): Talrev-Untar
Publisher : Faculty of Law Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/talrev.v6iI.39022

Abstract

Indonesia’s bankruptcy framework under Law No. 37 of 2004 on Bankruptcy and Suspension of Debt Payment Obligations allows a debtor to be declared bankrupt when it has two or more creditors and fails to fully pay at least one debt that has become due and collectible. However, the law does not expressly require an insolvency test to determine whether the debtor is genuinely unable to satisfy its obligations. This study examines the urgency of implementing an insolvency test as an additional requirement for bankruptcy in Indonesia and compares the Indonesian framework with the approaches adopted in Singapore and Hong Kong. The study employs doctrinal legal research supported by empirical inquiry and applies statutory, conceptual, and comparative approaches. The findings indicate that Indonesia’s existing bankruptcy requirements primarily establish default rather than actual insolvency, creating the possibility that financially viable debtors may still be declared bankrupt. By contrast, Singapore and Hong Kong place greater emphasis on the debtor’s inability to pay. The study further finds that the Cash Flow Test may serve as the primary assessment of a debtor’s payment capacity, while the Balance Sheet Test, asset valuation, and going-concern considerations may function as supporting indicators. The article contributes to the development of Indonesian bankruptcy law by proposing a more substantive threshold that better balances creditor protection, debtor viability, and legal certainty.
Vietnam’s Dominant Appeal for Foreign Direct Investment: A Comparative Legal Analysis Between Indonesia and Vietnam Rieven Yehezkiel Nasari; Isabella Chelsea Sergius; Elizabeth Arthamonova Dewi Tamba
Tarumanagara Law Review Vol. 6 No. I (2024): Talrev-Untar
Publisher : Faculty of Law Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/talrev.v6iI.39023

Abstract

This comparative study analyzes why Vietnam attracts more foreign direct investment than Indonesia by examining their foreign business entry legal frameworks. While Indonesia uses an integrated digital risk-based licensing system, Vietnam’s updated 2025/2026 investment framework offers flexible procedural sequencing-allowing corporate establishment before completing project registration, which reduces initial regulatory entry friction for foreign investors.
The Role Of Corporate Documentation in Safeguarding Minority Shareholder Rights in General Meetings of Shareholders Ratu Putri Hiemawan
Tarumanagara Law Review Vol. 6 No. I (2024): Talrev-Untar
Publisher : Faculty of Law Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/talrev.v6iI.39024

Abstract

General Meetings of Shareholders (GMS) provide a formal mechanism for shareholders to exercise their rights and participate in corporate decision-making. However, minority shareholders may face limitations due to their weaker voting position. This research examines the role of corporate documentation in safeguarding minority shareholder rights in GMS and the legal consequences of inadequate or inaccurate documentation. Using a normative juridical method, this research analyzes the Indonesian Company Law and relevant regulations governing GMS. The research finds that corporate documentation serves not only an administrative function but also supports transparency, accountability, and evidentiary protection. Proper documentation enables minority shareholders to verify meeting procedures, quorum, voting, and resolutions. Therefore, accurate and accessible GMS documentation is essential to ensuring the effective protection of minority shareholder rights.

Page 5 of 6 | Total Record : 57

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