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INDONESIA
LAW REVIEW
Published by Universitas Pelita Harapan
ISSN : 14122561     EISSN : 26211939     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Law Review is published by the Faculty of Law of Universitas Pelita Harapan and serves as a venue for scientific information in the field of law resulting from scientific research or research-based scientific law writing. Law Review was established in July 2001 and is published triannually in July, November, and March. Law Review provides immediate open access to its content on the principle that making research freely available to the public supports a greater global exchange of knowledge. The aim of this journal is to provide a venue for academicians, researchers, and practitioners for publishing original research articles or review articles. The scope of the articles published in this journal deals with a broad range of topics, including Business Law, Antitrust and Competition Law, Intellectual Property Rights Law, Criminal Law, International Law, Constitutional Law, Administrative Law, Agrarian Law, Medical Law, Adat Law, and Environmental Law.
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Articles 5 Documents
 1 
Search results for , issue "Volume 23 Issue 2 (November 2023)" : 5 Documents clear
Problems Faced by Judges in Determining Rehabilitation for Narcotics Abusers Tobing, Christina Natal Megawati; Hutapea, Tumbur Palti D.
Law Review Volume 23 Issue 2 (November 2023)
Publisher : Faculty of Law, Universitas Pelita Harapan | Lippo Village, Tangerang 15811 - Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/lr.v23i2.6479

Abstract

Addicts and victims of narcotic abuse should be placed in medical and social rehabilitation institutions. However, in empirical practice in the field, judges rarely exercise their powers to dive into a drug abuser accused of being brought to court through an assessment instrument. An assessment is needed to determine whether the defendant has a network of dealers or is just an addict or victim of narcotics abuse. The focus of this research problem is the obstacle for judges in determining the implementation of rehabilitation for narcotics abusers. The purpose is to identify the judge, in his decision, can determine medical rehabilitation for drug abusers in accordance with the mandate of the law. This research uses normative legal method based on positive legal studies with secondary data. The judge can consider whether the assessment results from the Integrated Assessment Team (TAT) allow them to be attached to the case file. Even the results of the assessment can be equated with expert testimony, which is an expert opinion written in a letter. 
Legal Protection for Eco-Friendly Product Consumer Losses Due to the Practice of Greenwashing Balqis, Tazkia; Widiyanti, Ikarini Dani; Zulaika, Emi
Law Review Volume 23 Issue 2 (November 2023)
Publisher : Faculty of Law, Universitas Pelita Harapan | Lippo Village, Tangerang 15811 - Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/lr.v23i2.6915

Abstract

This research refers in connection to the high tendency of demand for green products which has led some business actors that carry out covert promotions to deceive green consumers through false claims of being environmentally friendly where the implementation is contrary to Law Number 8 of 1999 about Consumer Protection in Indonesia and strategic policies regarding realized by the Government of Indonesia through the RPJMN 2005-2025 about Sustainable Consumption and Production (SCP). This article will discuss legal protection arrangements for eco-friendly product consumers and identify the losses and responsibilities of business actors who have carried out greenwashing practices toward green consumers based on doctrinal research (normative juridical) with a statutory and conceptual approach. The purpose of this article is to find out the norms of legal protection for green consumers and increase awareness about the practice of greenwashing. The findings showed the losses experienced by green consumers as a result of greenwashing are material and immaterial costs, while the existence of green consumers is protected by environmental protection and management law, consumer protection law, and eco-label policy.
Legal Protection of Pets from Threats of Violent Criminal Acts and Neglect by their Owners Susanti, Christine; Sukardi, Ellora; Pasaribu, Debora
Law Review Volume 23 Issue 2 (November 2023)
Publisher : Faculty of Law, Universitas Pelita Harapan | Lippo Village, Tangerang 15811 - Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/lr.v23i2.7449

Abstract

Indonesia is one of the countries in the world with the most cases of animal violence. The violence ironically also occurs in pets that should receive protection and good care by their owners. In addition to violence, pets are even abandoned by their owners, while it is known  that the Indonesian ius constitutum requires animal owners, including pets, to take good care of their animals until they die naturally. This study wants to examine how Indonesian law regulates obligations for animal owners towards their pets, legal protection of pets from acts of violence and neglect committed by owners, and to prevent similar acts from being repeated because apart from these acts violate the applicable legal rules, not in accordance with the dignity and dignity of the Indonesian nation as a civilized nation,  it also has the potential to cause an impact/disturbance to order, peace, and public health and the surrounding environment. The research method used is normative juridical with the nature of qualitative analysis using primary legal materials, namely Law Number 41 of 2014 concerning Livestock and Animal Health, Government Regulation Number 95 of 2012 concerning Veterinary Public Health and Animal Welfare and the Criminal Code (KUHP); secondary legal materials; and tertiary legal materials. The results of this study state that acts of violence and abandonment of pets by owners are included in the category of criminal acts, namely crimes and perpetrators can be subject to criminal sanctions.
ICSID Annulment: Legal Triumph or Political Galumph? Putri Prakasa, Adinda; Meliala, Aurora
Law Review Volume 23 Issue 2 (November 2023)
Publisher : Faculty of Law, Universitas Pelita Harapan | Lippo Village, Tangerang 15811 - Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/lr.v23i2.7475

Abstract

The establishment of the International Centre for Settlement of Investment Disputes (ICSID) was driven by the objective of enabling an arbitration process characterized by complete autonomy, self-containment, and independence. One of the significant features of the ICSID system is the capacity to request the annulment of arbitral awards made under its auspices. The annulment process is governed by Article 52(1) of the ICSID Convention and is limited to the grounds set out there in without examining the merits or legal facts. Under Article 52(1)(a) of the ICSID Convention, either party may submit a written application seeking annulment on the grounds of the improper constitution of the tribunal. This ground is rarely invoked, and an award was only annulled for the first time in 2020. There is no consensus on the conditions under which this ground may be invoked. This research aims to discuss the applicable standard of the ICSID annulment grounds concerning the improper constitution of the Tribunal. A normative legal method focusing on the statute and case approaches is applied to achieve this objective. After reviewing previous legal cases, the annulment standard regarding the tribunal's improper constitution is quite uncertain within the ICSID framework. To improve the awards, scholars have proposed various proposals for reforming the ICSID annulment system, such as establishing a doctrine of "precedent," a single appellate body, and precise requirements for arbitrators to be impartial.
From Regulation to Consumer Safety: Unpacking the Legal Dimensions of ”˜Share-in-Jar’ Cosmetic Sales Shalmont, Jerry; Hartanto, Gabriela Zefanya
Law Review Volume 23 Issue 2 (November 2023)
Publisher : Faculty of Law, Universitas Pelita Harapan | Lippo Village, Tangerang 15811 - Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/lr.v23i2.7539

Abstract

Repackaging products in share-in-jar is a process of dividing the contents of a product from its original size into several smaller containers. Such products are popular amongst consumers who are looking for product samples to try on before buying the actual product that tends to be costly. However, several business actors are selling share-in-jar products that do not conform with the applicable law, namely by failing to comply with the sanitary and hygiene requirements during the repackaging process and not providing detailed product information, therefore, resulting in consumer losses. In light of this, a controversy arose concerning legal protection for consumers who suffer losses as a result of the sale of cosmetics in share-in-jar and the legal liability of business actors for the losses incurred by consumers who use share in jar cosmetics. The objective of this research is to look into the consumer protection policies that develop as a result of violations of the Indonesian Law, as well as the legal culpability of business actors for infringing on consumers' rights while buying and selling cosmetics.

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