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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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Environmentally Friendly Technology at PT Inalum: Implementation and Challenges within the Framework of Environmental Law in Indonesia Batubara, Aznina Lembayung; Hutapea, Ali Alatas; Dittowisono, Aghyfariz
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.v24i1.9737

Abstract

Environmental-friendly technology plays a crucial role in modern industries, including PT Inalum, a leading aluminum producer in Indonesia. The company has implemented various innovations to minimize environmental impacts, such as utilizing renewable energy sources, waste management systems, and emission reduction technologies. These efforts aim to comply with national environmental regulations, such as Law Number 32 of 2009 on Environmental Protection and Management, and international commitments like the Paris Agreement 2016. This study examines the challenges faced by PT Inalum in implementing sustainable technology. The research employs normative legal analysis and case study methods, focusing on regulatory reviews and corporate sustainability practices. Key challenges include regulatory uncertainty, overlapping government policies, and weak law enforcement mechanisms. Additionally, high investment costs for green technology adoption pose a significant barrier to achieving optimal environmental sustainability. The findings indicate that despite PT Inalum’s commitment to environmentally friendly practices, legal and economic obstacles hinder full regulatory compliance. The study suggests the need for clearer policies, stronger enforcement mechanisms, and financial incentives to encourage sustainable industrial transformation. Enhanced collaboration between government authorities and industry stakeholders is essential to creating a more effective and efficient sustainability framework.
The Interplay of Law, Local Wisdom, and Carbon Policy: Historical Foundations of Indonesia’s Environmental Regulation Andhella, Sylviana
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.v24i1.9752

Abstract

Carbon emissions are one of the leading causes of climate change. Carbon consumption or carbon footprint has been a colossal topic because sustainability can be achieved through carbon emission reduction, as carbon emissions are one of the leading causes of climate change. Indonesia is actively working on environmental conservation, but it continues to face various challenges that require attention. Indonesia's commitment to reducing carbon emissions can be shown through its effort to shift toward low-carbon development. Implementing natural resource management laws in Indonesia has not gained popularity, as they are often viewed as unsupportive of environmental sustainability. The regulation is continuously updated and adjusted to address emerging environmental issues. This research aims to explore how local wisdom contributes to forest conservation using qualitative methodology in the Seruyan District, Central Kalimantan. While regulation on carbon trading in forestry is still ongoing, it can be enriched which states that the community has the same rights and opportunities to actively participate in environmental protection and management. The role of society can be providing advice, opinions, suggestions, objections, and complaints. In this case, the society is the local community that lives near the forest. Incorporating their knowledge of preserving nature and preventing forest fires into the policy can be beneficial.
Legal Accountability in the Lapindo Mudflow Case: Assessing Liability Between Strict Liability and Fault-Based Responsibility Deru, Kesya Chantall Alisya; Eijileen, Brigitta Kezia; Kusuma, Katya Aiko
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.v24i1.9753

Abstract

Strict liability is a form of liability where a party is held accountable for the damage or harm caused by action of the party regardless of intent or fault.  Strict liability is typically imposed in industries where inherently risky activities are undertaken, e.g., hazardous waste disposal, nuclear power, or the manufacture of chemicals. This research evaluates if the concept of strict liability is appropriate for the Lapindo mudflow. A qualitative approach allows for an in-depth analysis of the legal principles and arguments that have underpinned the handling of the Lapindo case. The application of strict liability principle is connected with PT Lapindo Brantas, a construction company appointed by BPMIGAS to perform oil drilling and natural gas. The eruption of mudflow was caused by the drilling activities of PT Lapindo Brantas, which were risky in nature and led to devastating consequences on the surrounding communities. Since the drilling activities are perilous in nature, particularly in an area of high subsurface instability potential, strict liability could be imposed. The damage caused by the mudflow—property loss, people displacement, and degradation of the environment—was the direct result of the activities of the company. In strict liability, PT Lapindo would have been responsible for the harm, regardless of whether their action was negligent or intentional, because drilling in this area can be considered an inherently dangerous act.
Anticipating Indonesia’s Lithium Mining and Electric Vehicle Industry: Legal and Policy Insights from Australia’s Regulatory Framework Oliviere, Shawn; Valencia, Jeralyn
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.v24i2.9773

Abstract

The international shift toward lithium-based battery technologies poses significant challenges to Indonesia’s long-term competitiveness. Drawing on the country’s experience with environmental degradation in nickel mining, this study underscores the need for Indonesia to strengthen its legal and institutional frameworks to sustainably govern future lithium extraction. This research analyzes Indonesia’s strategic positioning in the global electric vehicle (EV) industry, primarily driven by its abundant nickel reserves. A comparative legal analysis is conducted against Australia’s regulatory regime, which features strong enforcement, environmental safeguards, and post-mining rehabilitation obligations. While structural global asymmetries may limit Indonesia’s capacity to pursue ideal reforms, the country must proactively enhance its domestic governance mechanisms. This research employs a normative juridical approach, relying on statutes, policy documents, and academic commentary. The findings highlight gaps in licensing enforcement, public participation rights, and mine closure governance. Based on Australia’s best practices, this article proposes targeted policy reforms that aim to improve Indonesia’s legal capacity to govern its critical mineral resources sustainably and equitably in the EV era.
Fair Value of Pancasila in the Framework of Criminal Code Renewal Ginting, Yuni Priskila; Wartoyo, Franciscus Xaverius
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.v22i3.5974

Abstract

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.
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.
Breach of Non-Competition Clause in Franchise Agreements Related to Unfair Business Competition Indrawati, Etty; Widiyastuti, Y. Sari Murti
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.v22i3.6537

Abstract

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). 
The Influence of China’s Belt and Road Initiative of Economic Crisis in Sri Lanka Gunawan, Yordan; Napitupulu, Ichwan Rizki Akbar
Law Review Volume XXIII, No. 1 - July 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.v23i1.6593

Abstract

Sri Lanka, as a country in the South Asian region, is bordered by southeastern India and is in the southern Indian Ocean Sea region. This makes Sri Lanka a country with fast trade and maritime traffic, as well as a seaport. Bilateral connections have existed between Sri Lanka and China since the country's inception, and have been enhanced by financial and other aid supplied to the Sri Lankan government throughout the civil war against the separatist organization Liberation Tigers of Tamil Eelam (LTTE). Negotiations between Sri Lanka and China ended in 2017 with a deal for a Chinese-owned business, China Merchant Port Holdings Company Limited, to acquire almost 85% of Hambantota Port shares for 99 years. Because developed countries clearly have a more dominant role in the process of economic globalization, The research method used is normative law research with a case approach. The results show Sri Lanka's dependence on foreign investment to drive a country's economic growth. Therefore, this study aims to determine the legal arrangements governing the effects of the Belt and Road on the economic crisis in Sri Lanka from the perspective of international law and to determine the positive and negative impacts on the planned project.
Judicial Review of Hospitals' Legal Responsibility of Patients' Rights After the Covid-19 Pandemic Irawati, Jovita
Law Review Volume XXIII, No. 1 - July 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.v23i1.6892

Abstract

Normatively, the legal responsibilities of hospitals in fulfilling patient rights are stipulated in the Health Act, the Hospital Act, and the Medical Practice Act. During the Covid-19 pandemic, which was declared a health emergency, various statutory provisions were also enacted, such as Infectious Disease Outbreak Law, Health Quarantine Law, Presidential Decree Number 11 of 2020 concerning the Determination of the National Public Health Emergency of Corona Virus Disease 2019 (Covid-19) and Minister of Health Regulation Number 4 of 2018 concerning Hospital Obligations and Patient Obligations. In practice, the increasing number of Covid-19 cases in Indonesia has resulted in hospitals being unable to accommodate patients who need treatment, especially patients with severe and critical conditions who require ICU treatment rooms. This study aims to find out hospital’s legal responsibility after the Covid-19 pandemic, especially for the protection of patient’s medical record security under the scheme of telemedicine services. In terms of facilities and infrastructure, the government needs to provide support by increasing the number of emergency hospitals to accommodate patients. This study uses normative juridical research methods supported by empirical studies. The results show that despite limitations in providing excellent health services to patients, hospitals must still maintain the rights of patient’s medical record security and safety while undergoing hospitalization. Legal umbrella is neeeded to guarantee the rights of health workers and hospitals in providing services to patients during this pandemic, especially the protection of Occupational Health and labor social security norms.

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