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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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Analyzing the Implementation of Islamic Criminal Law in the Nanggroe Aceh Darussalam and Within its Sharia Court Nasrullah; Nusantara, Muhammad Alwan Zain; Farhansyah, Bagaskara Yonar
Law Review Volume 25 Issue 1 (March 2025)
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.v25i1.7225

Abstract

Within the democratic Pancasila system regulated by the Indonesian government, every citizen's right is guaranteed by the government and religious organization to express their beliefs. Aceh, which has enacted regional regulations based on Islamic law and received government support for their implementation, has the freedom to establish its own policies. This study analyzes Aceh's implementation of the Criminal Code (Qanun Jinayah) as well as in its Sharia Court. The case study methodology utilized in this study is intended to provide qualitative data through description-analysis and descriptive qualitative research. According to this study, the execution of Qanun Jinayah in Aceh frequently generates controversy because certain parties believe that the implementation of the law violates human rights, which are normally maintained in democratic countries such as Indonesia. The law applies to both the Muslim and the non-Muslim Achenese. Despite this, numerous parties continue to support the execution of Qanun Jinayah, as they have complied with the exact law recognized by the Indonesian government.
Management of Royalties on Songs and/or Music in Indonesia Sunputri, Margareta Fanandi; Handono, Mardi; Sari, Nuzulia Kumala
Law Review Volume 25 Issue 1 (March 2025)
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.v25i1.7324

Abstract

The existence of a royalty system is a form of protection and fulfillment of economic rights for creators, copyright holders and owners of related rights to songs and/or music. In order to carry out royalty management for songs and/or music in Indonesia, a Collective Management Institution (which is referred to as LMK) and a National Collective Management Institution (which is referred to as LMKN) were formed. LMK and LMKN in this case have the authority to attract, collect, and distribute royalties. Through this article, the author wants to explain the management of royalties on songs and/or music in Indonesia, related to institutions authorized to carry out royalty management on songs and/or music in Indonesia, the implementation of royalty management on songs and/or music, as well as the settlement efforts that can be taken if there is a dispute over royalty management on songs and/or music in Indonesia. This research is a normative juridical research type, using the Legislation Approach and Conceptual Approach. Through this research, it can be concluded that LMK and LMKN are both entitled to carry out royalty management of songs and/or music in Indonesia. Where the withdrawal of royalties is carried out by LMKN, while the collection and distribution are carried out by LMK and LMKN. Regarding dispute resolution efforts, if there is a dispute regarding the distribution of royalties, the resolution is mediation through LMKN, while for royalty withdrawal disputes can be resolved in accordance with the provisions contained in the Copyright Law.
Questioning the Implementation of Value Added Tax on Educational Services in Indonesia Andini, Puspita; Tambunan, Maria R.U.D.
Law Review Volume 25 Issue 1 (March 2025)
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.v25i1.7519

Abstract

Law Number 7 of 2021 on Tax Regulation Harmonization has ushered in notable alterations to the Value Added Tax (VAT) stipulations within Indonesia. Notably, this law now classifies educational services as taxable entities. This study examines the background of the VAT policy on education services and evaluates it. Adopting a post-positivist approach, the research utilizes literature studies and in-depth interviews for data collection. The research shows that such a shift in policy raises concerns about legal clarity and the methods for imposing VAT. Amid public disapproval, the authorities opted to subject educational services to VAT but with certain exemptions. Despite these tax breaks, education service providers still must issue tax invoices, potentially elevating their compliance costs. However, the tax authorities have yet to provide detailed guidance on how this law affects educational service providers in terms of subjects, objects, and VAT bases. Based on the conducted research, the advised steps forward include specifying which educational services are impacted, ensuring clear communication about the legal aspects of educational services, and facilitating administrative procedures for taxpayers to meet their responsibility.
Critical Evaluation of the Partial Revision of Law Number 13 of 2003 on Labour in the Job Creation Law Novrian, Jimmi; Yusuf, Rizki Fauzan
Law Review Volume 24 Issue 2 (November 2024)
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.v24i2.7756

Abstract

The stages of the procedure for the formation of laws and regulations in Indonesia have been regulated in Law Number 12 of 2011 on the Formation of Laws and Regulations. In Indonesia there are three methods in the preparation or regulation of regulations in Indonesia, namely codification, unification, and modification. Modification of the labour cluster in the Job Creation Law has attracted public attention. This study critically evaluates how partial revisions are applied to Law Number 13 of 2003 on Labour through the omnibus law method in the Job Creation Law. The research method is normative legal research and prescriptive research with data source taken from primary legal materials and secondary legal materials. The result shows that there are quite a lot of forms of changes related to the Labour Law. It can be concluded that overall there are 72 articles from 7 chapters and 4 sections of changes to Law Number 13 of 2003 in Law Number 11 of 2020. The partial revision modifies the legal politics of labour law which was originally for the protection of workers into legal politics that benefit employers or investors.
Legal Protection of the Parties in Construction Agreements Setiawan, Budi; Markoni
Law Review Volume 24 Issue 2 (November 2024)
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.v24i2.7784

Abstract

Construction agreements in Indonesia are an important legal instrument that often faces challenges due to the complexity of regulations and the potential imbalance of power between parties. This study aims to analyze the legal framework governing construction agreements in Indonesia and identify the importance of dispute resolution in the context of construction projects. This research uses a literature study to analyze the legal framework governing construction agreements, including the Civil Code, Law Number 2 of 2017 on Construction Services and Government Regulation Number 17 of 2013. This analysis reveals the importance of dispute resolution, especially through arbitration, as an effective mechanism to address conflicts in construction projects. The role of legal consultants with expertise in construction law is also crucial in guiding stakeholders in drafting agreements that protect the interests of each party and minimize legal risks. This study emphasizes the need for careful attention to legal protection in construction agreements to ensure fairness and the success of the project.
The Urgency of Professional Ethics as a Form of Legal Compliance in Realizing the Supremacy of Law Prasetyo, Yogi
Law Review Volume 24 Issue 2 (November 2024)
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.v24i2.8740

Abstract

This article aims to explain the problem of professional ethics as a form of legal disobedience and also to explain the urgency of ethics in legal compliance in order to realize the supremacy of law. The background of legal problems in Indonesia is very complex, one important thing that must be considered is the issue of ethics of law enforcement officers. Not a few legal cases that occur are related to ethical violations committed by law enforcement officers themselves. These ethical violations show evidence of legal disobedience from law enforcement officers which has an impact on the low level of legal supremacy in this country. The research method used in this writing is a literature study with a philosophical approach. Literature materials are the main data for the study. Descriptive analysis is used to explain the research comprehensively. The results of the study show many problems of ethical violations committed by law enforcement officers, which are a form of disobedience to the law, so that with these problems the supremacy of law is in decline. Therefore, it is important and must be considered the problem of ethics for law enforcement officers in order to create legal compliance in order to realize the supremacy of law in Indonesia.
Ratio Legis Policy to Increase Women's Representation Through the Implementation of a Minimum Quota of 30% for Women in Nominations for DPR and DPRD Members Bagus, Moh; Nurmila Sari, Helga
Law Review Volume 25 Issue 1 (March 2025)
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.v25i1.9639

Abstract

Women as representatives in the strategic political making of decisions. Among the efforts made by the government to increase women's representation was setting a minimum threshold for female candidacy in the legislative and legislative elections. The policy referred to is set forth in Article 245 of Law Number 7 of 2017 concerning Elections. This research uses normative legal research methods with legislative and conceptual approaches. The provision regarding the minimum limit of 30% of women's candidacy is the implementation of constitutional rights, which is regulated in Article 28H Paragraph (2) of the 1945 Indonesian Constitution. The representation of women in the legislature was entrusted as a form of balancing and alignment of patriarchal and dominative elements in strategic policymaking. There are five ratios of an increase in female representation policy, including the existence of women in political decision-making is a counterweight to the patriarchal elements; women's brain variables are wider than men's so as to impact the different responses to an accepted issue; policy correlation with zipper system theory; policy correlation with critical mass theory; and the form of exercise of rights and duties owned by women as right holders and men as duty holders. The increase of female participation in representation can be achieved through political recruitment and the establishment of a political party-wing organization.
Striking a Balance: Navigating Economic Growth and Sustainability in Indonesia’s Palm Oil Sector Jo Anastasya, Imelda; Angelica, Tiffany
Law Review Volume 24 Issue 1 (March 2024)
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.v24i1.9673

Abstract

Indonesia’s palm oil plantations have an irreplaceable role in Indonesia’s economy, contributing to job creation, rural poverty reduction, export revenue, and gross domestic product. Although such exploitation of its natural resources is within Indonesia’s permanent sovereignty, developed countries have expressed environmental concerns over Indonesia’s surge in palm oil expansion, which has brought about deforestation, biodiversity loss, and greenhouse gas emissions. This research will analyze whether Indonesia can navigate economic growth and sustainability in its palm oil sector, amidst such conflicting interests. Utilizing a normative legal research methodology with a statute approach, relevant laws, regulations, and practices will be used to identify whether Indonesia can achieve a sustainable palm oil industry that aligns with national development goals while also adhering to global environmental standards, ensuring both economic growth and sustainability.
Reinforcing Corporate Accountability in Indonesian Environmental Law: A Dialectical Examination of Strict Liability and Criminal Sanctions Antunez, Carla Xelena; Darmadji, Rachel Nakeisha; Mangundihardjo, Zefanya Queenta
Law Review Volume 24 Issue 1 (March 2024)
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.v24i1.9675

Abstract

Corporate accountability in Indonesia's environmental law still faces fundamental challenges, especially in the aspect of applying criminal sanctions against legal entities that commit environmental pollution or destruction. In practice, law enforcement relies more on administrative approaches or civil lawsuits, which often do not provide a deterrent effect and tend to be inadequate in responding to the complexity of environmental damage caused by corporations. This research aims to fill this gap by critically examining how the principle of strict liability can be integrated with the criminal sanction mechanism in national environmental law. With a normative juridical approach and supported by relevant case studies, this study shows that the synergy between the two approaches is able to form a more accountable, effective, and responsive accountability framework to the principles of sustainable development. The results of the analysis recommend the need for a holistic environmental law enforcement model, which not only emphasizes the repressive aspect, but also encourages structural improvements in corporate supervision and active public involvement in overseeing environmental law enforcement in Indonesia.
Assessing Indonesia's Peatland Management Strategies Under the ASEAN Transboundary Haze Pollution Second Road Map Tjahjadi, Bryan Gadrian; Teeja, Nathania Wiandra; Tjahjadi, Patrick James
Law Review Volume 24 Issue 2 (November 2024)
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.v24i2.9726

Abstract

Peatland ecosystems in Southeast Asia are vital carbon sinks and biodiversity reserves, yet they face persistent threats from unsustainable land-use practices, particularly fire-based land clearing. Indonesia, which holds a significant share of the region’s tropical peatlands, remains a key actor in addressing the environmental and transboundary haze crises stemming from peatland degradation. As a member of ASEAN, Indonesia is bound by regional commitments, including the ASEAN Agreement on Transboundary Haze Pollution and the ASEAN Second Haze-Free Roadmap (2023–2030), which promotes sustainable peatland management through strategies such as the ASEAN Peatland Management Strategy (APMS). This paper aims to critically assess Indonesia’s peatland management strategies in light of these regional obligations. It evaluates the implementation and enforcement of the Zero Burn Policy, the current state of peatland rehabilitation and preservation efforts, the institutional and legal roles of the Indonesian government, and comparative insights drawn from other ASEAN member states. This research uses a combination normative and empirical juridical research methodology, integrating doctrinal legal analysis with contextual evaluation of implementation practices. Despite regulatory advancements and institutional initiatives, Indonesia continues to face significant challenges, including weak enforcement, persistent land burning, and fragmented governance. The paper concludes that achieving sustainable peatland management and fulfilling ASEAN commitments requires stronger inter-agency coordination, enhanced legal clarity, and deeper regional collaboration rooted in shared environmental governance principles.

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