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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 7 Documents
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Search results for , issue "Volume XXII, No. 1 - July 2022" : 7 Documents clear
FINANCIAL REPORTING OBLIGATION IN ACCORDANCE WITH CAPITAL MARKET LAW: AN ACCOUNTANT DILEMMA Suwinto Johan; Richard Chandra Adam
Law Review Volume XXII, No. 1 - July 2022
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.v0i1.5419

Abstract

According to article 68 of the Capital Market Law (CM Law) states that accountants registered with the Financial Services Authority (FSA) who examine the financial statements of issuers and other parties carrying out activities in the capital market are required to submit a confidential notification to the FSA within three days at the latest. The things that may be reported are violations committed against the provisions of the CM Law or its implementing regulations; or things that could endanger the financial condition of the institution or the interests of its customers. When performing audit actions, the auditor that supports the stock market faces a conundrum. the conflict between society’s interests and the company’s objectives. This study aims to examine how accountants can report financial reports that are suspected of violating applicable laws and regulations and the accountant’s dilemma between regulators or the public interest and issuers as the party paying accountants according to the agency theory. This research uses normative juridical method. This study concludes that accountants can report to regulators after obtaining written explanations from the directors so that reporting cannot be done as soon as possible. Accountants in providing an opinion have a dilemma. The originality of this study highlights the need for professionalism and independence in those who support the capital market. In the event of a violation, capital market support specialists, including auditors, are required to notify the authorities. The appropriate authorities should be informed of the audit’s preliminary findings.
IMPLICATION OF INVESTMENT LEGAL POLITICAL DYNAMICS ON THE INVESTMENT CLIMATE IN INDONESIA Rohmat Rohmat
Law Review Volume XXII, No. 1 - July 2022
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.v0i1.5328

Abstract

This article is to analyze and examine the dynamics of investment law politics that can provide legal certainty for investors, both domestic and foreign investors. Legal politics is an integral part in making a statutory regulation. The existence of such legal politics will bring the substance of a regulation into the initial purpose and spirit of the formation of legislation. This research was conducted normatively using secondary data. Secondary data used in the form of primary legal materials and secondary legal materials. After the data was obtained in the literature, the data were then analyzed descriptively qualitatively to produce conclusions in this study. The conclusion in this study is that the investment law politics in each era of the old order, new order era, and reform era has its own characteristics according to the developments and demands of the times. In the old order era, the focus was more on finding capital for development and national interests, while in the reform era investment became an additional element in national development. The Job Creation Act brings the spirit of ease in investing.
LAND GRABBING AS UNLAWFUL ACT Catherine Susantio; Velliana Tanaya; Cassey Regina Salamintargo
Law Review Volume XXII, No. 1 - July 2022
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.v0i1.5100

Abstract

Land cases in Indonesia are one of the most common types of cases in Indonesia. The forms of land cases that often arise are related to land grabbing, namely illegal taking of land belonging to other party. An example of a land grabbing case can be seen in the Supreme Court Decision Number 1071 K/PDT/2020 where the Plaintiff is the rightful owner of a piece of land with property rights in Tanjung Jabung Barat Regency, Jambi Province as proven by the Certificate of Ownership, but then Defendant I came to take the land belonging to the Plaintiff by constructing a building on the land without a permit and refusing to move even though it has been given a warning, so that the Plaintiff feels aggrieved. Therefore, the author intends to find out how an act can be classified as against the law and what kind of compensation arrangements are in accordance with applicable regulations. The research method used is normative legal research method and the approach used is law approach and case approach. The results showed that land grabbing done by Defendant I could be classified as an act against the law because all the elements had been fulfilled; while related to losses due to unlawful acts in the form of land grabbing, the most appropriate compensation is the return of the Plaintiff’s condition to its original state.
BLOCKCHAIN APPLICATION: INDONESIAN COMPETITION LAW’S PERSPECTIVES Stevi Milenia; Tresnawati Tresnawati
Law Review Volume XXII, No. 1 - July 2022
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.v0i1.5421

Abstract

Having advantages of consensus mechanism in decentralizing data transaction which potentially eliminates the need for third-party intermediaries, blockchain has the potential to revolutionize markets industry to decrease the showcase control of today’s centralized stages by utilizing the internet. Blockchain has been rising innovation in Indonesia, demonstrated by establishment of Indonesia Blockchain Association. Though its application in Indonesia is still restricted to cryptocurrency sector, no question that blockchains will be connected broadly in near future, and unquestionably will influence business competition. Law and technology ought to be thought of as allies-not enemies-as they feature complementary strengths, yet it might also have their curses. Some intriguing articles has even questioned how blockchain would cause the death of anti-trust, the so-called competition law. Meanwhile this article would focus on elaborating consequences of blockchain technology both positive and negative sides in Indonesia Competition Law Perspective, both in substantial and procedural law, using library research, statute, comparative, and conceptual approach.
THE GOOD FAITH PRINCIPLE IN TRUST AND CONFIDENTIALITY ON THE ARBITRATION PROCESS Anangga W. Roosdiono; Muhamad Dzadit Taqwa; Maria Jasmine Putri Subiyanto
Law Review Volume XXII, No. 1 - July 2022
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.v0i1.5254

Abstract

This article is to demonstrate that the principle of good faith (iktikad baik) manifests in the principles of trust and confidentiality. Not only is good faith one of the key causes of the emergence of a dispute, it also indeed has a great influence on the success of resolving that dispute. Despite its importance, we have found that many disputing parties do not apply this principle to resolve their disputes. Even though, this principle plays a huge part on maintaining trust and confidentiality at the same time. The purpose of this paper is to increase awareness on the application of the good faith principle, noting that there are still realities where this principle is not applied. In this paper, we first elaborate on the descriptive comprehension of all these three principles. Afterwards, we observe how good faith connects with the other two principles. Through the manifestations of good faith, we have concluded that the a quo principle acts as a key basis for the application of the other two principles. In trust, applying good faith means making the arbitration trustworthy, whereas in confidentiality, maintaining good faith keeps the information confidential to irrelevant parties. In the conclusion, we have pointed a few concrete resolutions on maintaining the principle of good faith, trust, and confidentiality. This is found by observing the two factors that cause the realities when the principle of good faith is not applied, which consists of the normative and human factor.
COPYRIGHT INFRINGEMENT IN VIRTUAL CONCERTS R. Gratikana Ningrat; Henry Soelistyo Budi
Law Review Volume XXII, No. 1 - July 2022
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.v0i1.5483

Abstract

So far, technological advances have encouraged the formation of new patterns of life, with creative and innovative ideas, concepts, and thoughts. In the music industry, for example, various digital media and virtual concert venues have developed as a form of breakthrough in dealing with various obstacles due to the Covid-19 pandemic. Virtual concerts are interesting to study because they allow the Author to announce his creation for the first time as the basis for the existence of a Copyright and perform musical performances, including choreographed works. However, on the other hand, it eases other people to fix or record the virtual concert without permission, then distribute it for commercial purposes. In this regard, normatively, the Copyright Law has norms to prohibit such illegal acts. Having said this, this research is addressed to examine how the regulation and implementation of the Copyright Law is for the choreographic works performed in Virtual Music Concerts. The type of research utilizes normative juridical with empirical juridical support. In the perspective of legal certainty, the results of the study conclude that choreographic works do not include works that are managed by the National Collective Management Organization’s potential royalty revenue, as is the case with song and/or musical creations. Therefore, to achieve legal certainty in copyright protection, the authority of the National Collective Management Organization needs to be broadened to include the management of royalties for the use of choreographic works for commercial purposes which has implications for the revision of the Copyright Law and Government Regulation No. 56/2021.
THE LEGAL CONSEQUENCES OF A COOPERATION AGREEMENT DUE TO MERGER Zulfikar Muhammad Rafif
Law Review Volume XXII, No. 1 - July 2022
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.v0i1.5360

Abstract

Cooperation agreement is a bond between one party and another party to bind themselves in doing or not doing something in particular. Basically, the agreement creates rights and obligations by the parties and is regulated in the Civil Code. Companies when running their business often carry out corporate actions aimed as a way to survive and to increase company profits, one of which is by merging the company. Mergers are often used apart from the relatively low cost, the methods and mechanisms that are carried out are simpler so that they become more efficient. Research methods used in writing this paper is a normative juridical method. Often problem arise in mergers are doubts and uncertainties in determining the legal consequences of an agreement, including cooperation agreement with third parties that were made prior to the merger. The legal consequence of a merger is the company’s assets and liabilities are transferred directly without going through a liquidation process. If during the merger, one of the companies is still bound by a cooperation agreement with a third party, then the rights and obligations contained in the cooperation agreement are transferred by law without needed a deed of transfer to delivered these rights and obligations.

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