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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 6 Documents
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Search results for , issue "Volume XXII, No. 2 - November 2022" : 6 Documents clear
Creating Welfare for Micro, Small, and Medium Enterprises During the Covid-19 Pandemic: Role of the State Debora Debora; Haposan Siallagan; Michelle Lucky Madelene
Law Review Volume XXII, No. 2 - November 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.v0i2.5948

Abstract

The Covid-19 pandemic has weakened the performance of the financial services industry and ruined the Indonesian economy and the welfare of society, including the creative economy sector. Access to finance is often a major problem for Micro, Small, and Medium Enterprises (MSMEs). The role of MSMEs is very much needed in multidimensional, namely economic, social, environmental, and community. However, the role of MSMEs is often constrained in terms of capital accessibility. This study focuses on how the legal protection for MSMEs in the welfare state and how the role of the State in realizing welfare for MSMEs during the Covid-19 Pandemic. This research uses normative juridical research, namely examining material law which contains normative legal principles. This study concludes that first, welfare will be realized if the Government is able to provide legal protection to MSMEs. In order to provide legal protection for MSMEs, this is realized through the existence of Law Number 20 of 2008 concerning MSMEs. Second, the Government has compiled 9 programs to anticipate the impact of Covid-19 on MSMEs. The form of support provided starting from coaching, mentoring, and funding is an effort by the state to prosper the community, especially MSMEs.
Refund Policy Due to Flight Cancellations Caused by the Covid-19 Pandemic: Consumer Protection Law’s Perspective Huta Disyon; Kevin Bhaskara
Law Review Volume XXII, No. 2 - November 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.v0i2.5926

Abstract

The Covid-19 pandemic affects various aspects, including air transportation activities e.g., the Government of Indonesia has to impose travel restrictions to prevent the spread of the Covid-19 virus. In accordance with this policy, the airline canceled flights and issued travel vouchers for reimbursements. This study aims to analyse the refunds by airlines to airplane passengers because of flight cancellations due to the Covid-19 pandemic, as an impact of Government policies in perspective of the Consumer Protection Law. This research was conducted using a normative juridical method and the research specification is analytical-descriptive, because this article describes the implementation of the ticket refund by Garuda Indonesia (GIAA) to then be analysed to see if it has the potential to cause a violation of the Consumer Protection Law. The results showed that the implementation and handling of flight cancellations by rescheduling tickets and then refunding tickets by providing travel vouchers basically did not violate the provisions of laws and regulations in the field of aviation, and there were no violations of consumer rights. Furthermore, prospective passengers who experience financial losses can demand a refund in the form of cash to GIAA.
Implementation of Pancasila and Law Enforcement Compliance with the Professional Code of Ethics Gusagis Khomanur Ngaziz
Law Review Volume XXII, No. 2 - November 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.v0i2.5971

Abstract

This legal research seeks to answer three research problems, and by using a qualitative descriptive method. The following conclusions are obtained: First, the code of ethics of the legal profession in Indonesia contains the noble values of Pancasila. In every code of ethics of the legal profession in Indonesia, it always emphasizes that law enforcers must fear God Almighty and always uphold justice. Second, every law enforcer in Indonesia has been given education to live up to the noble values of Pancasila. Having good knowledge of Pancasila is very important because in accordance with their oaths and promises they must uphold the 1945 Constitution which contains the noble values of Pancasila. Third, every law enforcer who has practiced the noble values of Pancasila will become a person who fears God Almighty. Having high integrity, honesty, fairness, responsibility, discipline, and high professionalism, as well as a higher level of compliance with the code of ethics.
Legal Protection for Unregistered Clothing Design on Marketplace: Comparison Between the Indonesian and the UK Law Nuzulia Kumala Sari; Emi Zulaika; Rania Devayanti
Law Review Volume XXII, No. 2 - November 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.v0i2.5982

Abstract

The industrial design protection system in Indonesia uses registration requirements, without registration, there is no protection. This is in contrast to the UK’s existing industrial design protection system, where the UK implements two protection systems, namely the registered design right or unregistered design right. This unregistered protection system is used in products that do not last long on the market such as fashion products and as an alternative for companies to test design prospects on the market. Unregistered protection systems are also used as design protection alternatives to prevent copying or plagiarizing of designs that do not yet have registration numbers. This article will discuss the following issues: 1) The legal protection of Korean pop idol clothing designs is reviewed based on Indonesian and English laws; and 2) The urgency of legal novelty in the industrial design law in Indonesia. In this study, the legal research method used is normative legal research with an approach through statutory regulations, a conceptual approach, and a comparative approach. The legal materials used are primary legal materials and secondary legal materials. The conclusion is that the industrial design protection system in Indonesia still has to go through the registration process, this is irrelevant to products or goods that cannot last long in the market because trends change easily. This is different from that in the UK where it implements an unregistered design right system where industrial design rights are obtained automatically.
Release and Social Reintegration of Prisoners from the Perspective of John Rawls’ Theory of Justice Markus Marselinus Soge
Law Review Volume XXII, No. 2 - November 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.v0i2.6034

Abstract

The conditional release of corruption prisoners is contrary to the sense of justice. Penitentiary releases prisoners for adhering to the concept of social reintegration as an important stage in the correctional system in which prisoners are reunited with society. The problem to be discussed is how the perspective of John Rawls’ theory of justice on conditional release and social reintegration of prisoners. The purpose of the research is to discuss the perspective of John Rawls’ theory of justice on conditional release and social reintegration of prisoners. Normative legal research methods are used with legislation and conceptual approaches that analyse secondary data, namely primary legal materials and secondary legal materials, where data is collected using document or library study techniques, then analysed qualitatively. The conclusions, first, the release especially conditional release of prisoners including corruption prisoners is the right of prisoners after they have met the predetermined requirements and the social reintegration is an important stage in reuniting prisoners with society. Second, the perspective of John Rawls’ theory of justice on conditional release and social reintegration of prisoners prioritizes equal treatment of prisoners including corruption prisoners who have basic rights and freedoms. The distribution of income and wealth to prisoners does not need to be the same but must benefit everyone including prisoners, and there is access for prisoners to positions and responsibilities as members of society.
Updating Public Legal Awareness of Restricting Carbon Emissions in Indonesia Andreas Tedy Mulyono; Rudy Pramono
Law Review Volume XXII, No. 2 - November 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.v0i2.5714

Abstract

The Government of Indonesia will impose restrictions on carbon emissions. The description of public legal awareness regarding this matter is currently an important aspect as one of the benchmarks, especially for updating the status of carbon emission regulations in Indonesian society. This literature study focuses on the importance and use of empirical quantitative research methods based on questionnaire data from respondents in various regions in Indonesia. The discussion using the Regulatory Status Analysis (RSA) path model assisted by the PLS-SEM software specifically provides an understanding of the relationship between the ideal Law and legal culture in the form of public awareness to comply with legal norms limiting carbon emissions. Another element of the legal system, namely the substance of the Law, also has a positive effect on awareness of obeying the Law. However, the legal Structure has no effect, either directly or indirectly. The possible reason is that the legal Structure, the indicator of which is law enforcement related to carbon emission cases, has not been widely processed in domestic courts in Indonesia. This study also conducts an intersubjective meaning approach by interviewing related entrepreneurs to strengthen statistical inferences. The article concludes by placing these findings in the discourse on limiting national carbon emissions based on political will and participatory governance.

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