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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.
Arjuna Subject : -
Articles 226 Documents
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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.
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.
Owner Estimate of Rig Contracts in Oil and Gas Business According to Legal Certainty Principles Radjagoekgoek, Robert Pangihutan
Law Review Volume XXII, No. 3 - March 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.v22i3.5979

Abstract

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. 
Tax Court Decisions as the Ultimum Remedium for Taxpayers Gunawan, Edy
Law Review Volume XXII, No. 3 - March 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.v22i3.6319

Abstract

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.
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) Simbolon, Alum; Chandra, Catherine Aureulli
Law Review Volume XXII, No. 3 - March 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.v22i3.6908

Abstract

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.

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