LAW REVIEW
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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<![CDATA[Owner Estimate of Rig Contracts in Oil and Gas Business According to Legal Certainty Principles ]]>
<![CDATA[Radjagoekgoek, Robert Pangihutan]]>
<![CDATA[ Law Review Volume XXII, No. 3 - March 2023 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pelita Harapan | Lippo Village, Tangerang 15811 - Indonesia ]]>
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DOI: 10.19166/lr.v22i3.5979
<![CDATA[As one of the vital and strategic natural resources and vital role that impact society, oil and gas is one of state revenue sources to support national development. To implement Article 33 of the 1945 Constitution, to obtain people welfare and prosperity, Oil and Gas Law No 22, 2001 mandated Special Task Force for Upstream Oil and Gas Business Activities to oversee upstream activity done by oil and gas contractors. Contractors conduct rig procurement processes with their Owner Estimate in alignment to Presidential decree No 12, 2021 and Summary of Procedural Guidelines of 007, 2017.By this reason, legal certainty is needed to deal with problems at implementation level. Two legal issues research, regulation and preparation implementation of Owner Estimate Value in Rig contract. The research analysis is using normative juridical which are supported by empirical studies. Owner Estimate preparation guidelines provide multiple interpretations, inconsistencies and a legal vacuum. In practice, problems related to aspects of legal certainty, Owner Estimate offers are not confidential and/or confidential, extreme price cut due to offers below 80% of Owner Estimate are being allowed, the existence of negotiations even though the price offer is already the lowest and below Owner Estimate . It opens for conspiracy in the procurement. It is necessary to amend Perpres and Procedural Guidelines of Special Task Force for Upstream Oil and Gas Migas Number 007 achieving compliance to the principles of agreement, legal certainty and fair business. Regulation change will provide legal certainty, efficiency and effectiveness so Special Task Force for Upstream Oil and Gas Migas, oil and gas contractors and Rig Providers can conduct upstream business activities properly, optimally to support Indonesian social welfare. ]]>
<![CDATA[Tax Court Decisions as the Ultimum Remedium for Taxpayers ]]>
<![CDATA[Gunawan, Edy]]>
<![CDATA[ Law Review Volume XXII, No. 3 - March 2023 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pelita Harapan | Lippo Village, Tangerang 15811 - Indonesia ]]>
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DOI: 10.19166/lr.v22i3.6319
<![CDATA[Taxes obtained can directly finance all state activities. State revenues, while coming from tax revenues, are also obtained from revenues outside of taxes which consist of 3 parts, which can be seen as income, capital or money to finance total government activities as shown in Law Number 17 of 2003 concerning State Finance, which can be explained in principle as follows. First, State revenues are derived from tax revenues. Second, non-tax government revenue. Thirdly, government revenue from grants. The third principle is referred to as state revenue from the tax sector and is still the largest source of revenue for state revenue. Research objectives in this paper are issues concerning taxation provisions; the application of the ultimum remedium is highly dependent on the prevailing priority scale with its main emphasis on optimizing state revenue, and not on the so-called criminal aspect; with the main reason being that the perpetrators of tax crimes should be responsible and continuously return or repair all losses incurred as a result of their mistakes. The method used is normative legal research by elaborating field data with secondary data in the form of primary, secondary and tertiary legal materials to be analyzed qualitatively. The results to be achieved in this study are willing to develop an overall understanding of tax court decisions as an ultium remedium effort for taxpayers. The application of the ultimum remedium principle directly is to increase state revenue, especially revenue in the sector.]]>
<![CDATA[Summary Proof of Postponement of Debt Payment Obligations Through Act Number 37 of 2004 (Study of Decision Number 7/PDT.SUS-PKPU/2022/PN NIAGA MEDAN) ]]>
<![CDATA[Simbolon, Alum]]>;
<![CDATA[Chandra, Catherine Aureulli]]>
<![CDATA[ Law Review Volume XXII, No. 3 - March 2023 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pelita Harapan | Lippo Village, Tangerang 15811 - Indonesia ]]>
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DOI: 10.19166/lr.v22i3.6908
<![CDATA[Debt is a liability that arises through an agreement made between a debtor and a creditor. Debt is used as a basis for bankruptcy or for submitting a delay in payment of the debtor's debt. Summary Proof of Bankruptcy and Postponement of Debt Payment Obligations (PKPU) has actually been regulated in Article 8 paragraph (4) of Law Number 37 of 2004 and strengthened by Supreme Court Decision (MA) No.109/KMA/SK/IV/2020 concerning "Enforcement of the Handbook for Settlement of Bankruptcy Cases and PKPU". Summary Proof can be a reference for the Panel of Judges in granting PKPU applications by debtors or creditors to the Commercial Court. The PKPU application submitted through Decision Number 7/Pdt.Sus-PKPU/2022/PN Niaga was rejected by the Panel of Judges because the Panel of Judges considered that the non-fulfillment of the 'simple debt' requirement that had to be fulfilled was one of the burdens of proof in the application for PKPU.]]>
<![CDATA[Breach of Non-Competition Clause in Franchise Agreements Related to Unfair Business Competition ]]>
<![CDATA[Indrawati, Etty]]>;
<![CDATA[Widiyastuti, Y. Sari Murti]]>
<![CDATA[ Law Review Volume XXII, No. 3 - March 2023 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pelita Harapan | Lippo Village, Tangerang 15811 - Indonesia ]]>
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DOI: 10.19166/lr.v22i3.6537
<![CDATA[The non-competition clause in the franchise agreement is the franchisee's commitment not to run a similar business or potentially become a competitor to the franchisor's business within a certain period as a form of protection of the franchisor's intellectual property rights and appreciation for the transfer of know-how that the franchisor has carried out in the form of knowledge, concept, and experience to the franchisee. There are two purposes of this article. First is to explore and analyze cases of breach of the non-competition clause in franchise agreements in Indonesia carried out by franchisees can be qualified or not as a form of unfair business competition as regulated in Article 1 number 6 Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition. Second is to investigate the legal remedies taken by the franchisor against the franchisee who breaks the non-competition clause in the franchise agreement. This research project uses qualitative method. This research involved respondents and informants from business owners of national franchisors. There are two results of this study. First, breaking non-competition clauses in franchise agreements, which have been read before signing, can qualify as unfair business competition. Second, if a franchisee or former franchisee breaks a non-competition clause, it is necessary to communicate with the violating party first before giving a summons/warning. Moreover, if it is still not heeded, the franchisor can file a lawsuit in court or submit a complaint to The Indonesia Competition Commission (KPPU). ]]>
<![CDATA[Fair Value of Pancasila in the Framework of Criminal Code Renewal ]]>
<![CDATA[Ginting, Yuni Priskila]]>;
<![CDATA[Wartoyo, Franciscus Xaverius]]>
<![CDATA[ Law Review Volume XXII, No. 3 - March 2023 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pelita Harapan | Lippo Village, Tangerang 15811 - Indonesia ]]>
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DOI: 10.19166/lr.v22i3.5974
<![CDATA[Pancasila is the ideological foundation of the Indonesian state that guarantees the unity and integrity of Indonesians entering the era of globalization. Current Indonesian criminal law is obsolete because it does not consider Indonesia's philosophical, sociological, and cultural values and does not follow the changing mindset of modern criminal law. Social policy must be woven into and placed in a carefully integrated social plan, especially to prevent unwanted access related to crime. Indonesian criminal law will continue to apply colonial values that are not based on Pancasila values. The codification of laws that live in society is regulated specifically for public awareness of the potential for the law that can be used as a reference for regional regulations. The basic idea of Pancasila's balance is based on the religious moral paradigm, the human paradigm, the nationality paradigm, the democracy and wisdom paradigm, and the social justice paradigm. Justice is an abstract value that must be realized in the form of legal norms to realize these values in social life without ignoring religious law, customary law, and Western law. This does not correspond to the value contained in Pancasila.]]>
<![CDATA[Preserving the Existence of Sea Turtles: The Government Policies and Roles on Conservations ]]>
<![CDATA[Utama, Gwendolyn Ingrid]]>;
<![CDATA[Pangesti, Shinta]]>;
<![CDATA[Vatresia, Laura Cindy]]>
<![CDATA[ Law Review Volume XXII, No. 3 - March 2023 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pelita Harapan | Lippo Village, Tangerang 15811 - Indonesia ]]>
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DOI: 10.19166/lr.v22i3.7871
<![CDATA[Sea turtles are reptiles that live in the sea which have long been threatened, both from nature and human activities. Internationally, sea turtles are included in the 'red list' in the International Union for Conservation of Nature's (IUCN) and Appendix I of the Convention on International Trade in Endangered Species of Wild Flora and Fauna (CITES), which means that their existence in nature is threatened with extinction so that all the form of utilization and distribution must receive serious attention. Therefore, sea turtle conservation efforts are an important program to protect and save the populations, especially in Indonesia because there are 6 out of 7 sea turtles species still exist today in Indonesia. In order to support sea turtle conservation efforts in Indonesia, government roles are needed, both at the central and regional levels. This research focuses on the preserving sea turtles based in Indonesia through government policies and roles regarding conservations at Serangan Island and Tanjung Benoa, especially local government. The purpose of this research was to analyze government policies and their roles on sea turtle conservation efforts at Serangan Island and Tanjung Benoa. The research method used is normative using secondary data supported by primary data in the form of interviews with the management of the conservation centers. The research result shows that central government regulations are not always passed down to the regional level, but the government's awareness to protect the existence of turtles has been carried out together with the society even without regional regulations.]]>
<![CDATA[Fair Value of Pancasila in the Framework of Criminal Code Renewal ]]>
<![CDATA[Ginting, Yuni Priskila]]>;
<![CDATA[Wartoyo, Franciscus Xaverius]]>
<![CDATA[ Law Review Volume XXII, No. 3 - March 2023 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pelita Harapan | Lippo Village, Tangerang 15811 - Indonesia ]]>
Show Abstract
|
Download Original
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Original Source
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Check in Google Scholar
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DOI: 10.19166/lr.v22i3.5974
<![CDATA[Pancasila is the ideological foundation of the Indonesian state that guarantees the unity and integrity of Indonesians entering the era of globalization. Current Indonesian criminal law is obsolete because it does not consider Indonesia's philosophical, sociological, and cultural values and does not follow the changing mindset of modern criminal law. Social policy must be woven into and placed in a carefully integrated social plan, especially to prevent unwanted access related to crime. Indonesian criminal law will continue to apply colonial values that are not based on Pancasila values. The codification of laws that live in society is regulated specifically for public awareness of the potential for the law that can be used as a reference for regional regulations. The basic idea of Pancasila's balance is based on the religious moral paradigm, the human paradigm, the nationality paradigm, the democracy and wisdom paradigm, and the social justice paradigm. Justice is an abstract value that must be realized in the form of legal norms to realize these values in social life without ignoring religious law, customary law, and Western law. This does not correspond to the value contained in Pancasila.]]>
<![CDATA[Owner Estimate of Rig Contracts in Oil and Gas Business According to Legal Certainty Principles ]]>
<![CDATA[Radjagoekgoek, Robert Pangihutan]]>
<![CDATA[ Law Review Volume XXII, No. 3 - March 2023 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pelita Harapan | Lippo Village, Tangerang 15811 - Indonesia ]]>
Show Abstract
|
Download Original
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Original Source
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Check in Google Scholar
|
DOI: 10.19166/lr.v22i3.5979
<![CDATA[As one of the vital and strategic natural resources and vital role that impact society, oil and gas is one of state revenue sources to support national development. To implement Article 33 of the 1945 Constitution, to obtain people welfare and prosperity, Oil and Gas Law No 22, 2001 mandated Special Task Force for Upstream Oil and Gas Business Activities to oversee upstream activity done by oil and gas contractors. Contractors conduct rig procurement processes with their Owner Estimate in alignment to Presidential decree No 12, 2021 and Summary of Procedural Guidelines of 007, 2017.By this reason, legal certainty is needed to deal with problems at implementation level. Two legal issues research, regulation and preparation implementation of Owner Estimate Value in Rig contract. The research analysis is using normative juridical which are supported by empirical studies. Owner Estimate preparation guidelines provide multiple interpretations, inconsistencies and a legal vacuum. In practice, problems related to aspects of legal certainty, Owner Estimate offers are not confidential and/or confidential, extreme price cut due to offers below 80% of Owner Estimate are being allowed, the existence of negotiations even though the price offer is already the lowest and below Owner Estimate . It opens for conspiracy in the procurement. It is necessary to amend Perpres and Procedural Guidelines of Special Task Force for Upstream Oil and Gas Migas Number 007 achieving compliance to the principles of agreement, legal certainty and fair business. Regulation change will provide legal certainty, efficiency and effectiveness so Special Task Force for Upstream Oil and Gas Migas, oil and gas contractors and Rig Providers can conduct upstream business activities properly, optimally to support Indonesian social welfare. ]]>
<![CDATA[Tax Court Decisions as the Ultimum Remedium for Taxpayers ]]>
<![CDATA[Gunawan, Edy]]>
<![CDATA[ Law Review Volume XXII, No. 3 - March 2023 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pelita Harapan | Lippo Village, Tangerang 15811 - Indonesia ]]>
Show Abstract
|
Download Original
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Original Source
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Check in Google Scholar
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DOI: 10.19166/lr.v22i3.6319
<![CDATA[Taxes obtained can directly finance all state activities. State revenues, while coming from tax revenues, are also obtained from revenues outside of taxes which consist of 3 parts, which can be seen as income, capital or money to finance total government activities as shown in Law Number 17 of 2003 concerning State Finance, which can be explained in principle as follows. First, State revenues are derived from tax revenues. Second, non-tax government revenue. Thirdly, government revenue from grants. The third principle is referred to as state revenue from the tax sector and is still the largest source of revenue for state revenue. Research objectives in this paper are issues concerning taxation provisions; the application of the ultimum remedium is highly dependent on the prevailing priority scale with its main emphasis on optimizing state revenue, and not on the so-called criminal aspect; with the main reason being that the perpetrators of tax crimes should be responsible and continuously return or repair all losses incurred as a result of their mistakes. The method used is normative legal research by elaborating field data with secondary data in the form of primary, secondary and tertiary legal materials to be analyzed qualitatively. The results to be achieved in this study are willing to develop an overall understanding of tax court decisions as an ultium remedium effort for taxpayers. The application of the ultimum remedium principle directly is to increase state revenue, especially revenue in the sector.]]>
<![CDATA[Breach of Non-Competition Clause in Franchise Agreements Related to Unfair Business Competition ]]>
<![CDATA[Indrawati, Etty]]>;
<![CDATA[Widiyastuti, Y. Sari Murti]]>
<![CDATA[ Law Review Volume XXII, No. 3 - March 2023 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pelita Harapan | Lippo Village, Tangerang 15811 - Indonesia ]]>
Show Abstract
|
Download Original
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Original Source
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Check in Google Scholar
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DOI: 10.19166/lr.v22i3.6537
<![CDATA[The non-competition clause in the franchise agreement is the franchisee's commitment not to run a similar business or potentially become a competitor to the franchisor's business within a certain period as a form of protection of the franchisor's intellectual property rights and appreciation for the transfer of know-how that the franchisor has carried out in the form of knowledge, concept, and experience to the franchisee. There are two purposes of this article. First is to explore and analyze cases of breach of the non-competition clause in franchise agreements in Indonesia carried out by franchisees can be qualified or not as a form of unfair business competition as regulated in Article 1 number 6 Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition. Second is to investigate the legal remedies taken by the franchisor against the franchisee who breaks the non-competition clause in the franchise agreement. This research project uses qualitative method. This research involved respondents and informants from business owners of national franchisors. There are two results of this study. First, breaking non-competition clauses in franchise agreements, which have been read before signing, can qualify as unfair business competition. Second, if a franchisee or former franchisee breaks a non-competition clause, it is necessary to communicate with the violating party first before giving a summons/warning. Moreover, if it is still not heeded, the franchisor can file a lawsuit in court or submit a complaint to The Indonesia Competition Commission (KPPU). ]]>
