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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 232 Documents
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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.
The Establishment of State-Owned-Holding-Company: A State's Controlling Rights Perspective Based on Radbruch's Theory Disyon, Huta; Gultom, Elisatris; Rahmawati, Ema
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.v23i1.6995

Abstract

The constitutional basis for the state's role in implementing the national economy is Article 33 of the 1945 Constitution of the Republic of Indonesia. The mandate of Article 33 of the 1945 Constitution regarding the State's Controlling Rights, one of which is realized through the existence of state-owned enterprises (“SOEs”) as one of the business actors in the economy. The expansion of the global economy necessitates the improvement of SOEs, and the government's strategic policy choice is establishing a state-owned holding company (“SOHC”) to strengthen value and efficiency. This research aims to determine how the state's controlling rights in the SOHC scheme relate to three basic legal values identified by Gustav Radbruch, namely justice, certainty, and benefits. Through normative juridical research methods, the approach taken is a conceptual approach and a statutory approach, conducted by researching theory or doctrine and relevant laws and regulations, including Supreme Court and Constitutional Court decisions. The results of this study show that the establishment of a SOHC has, in theory, met Gustav Radbruch's legal objectives of justice, certainty, and benefits. State's controlling rights must be widely understood with authority to formulate policies and actions for regulation, control, management, and supervision. In the management function, state control in the SOHC structure can be protected through special share ownership by the state. However, state control based on a sense of social justice, legal certainty, and benefit-oriented must still respect the principles of GCG in SOEs and do not mean monopolizing all national economic activities.
Parameters of the ”˜Honor and Dignity’ Element in the Criminal Act of Sexual Violence Marpaung, Jessica Vincentia; Triwinata, Jiu Jiu
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.v23i1.7142

Abstract

Law Number 12 Year 2022 concerning the Criminal Acts of Sexual Violence (UU Tindak Pidana Kekerasan Seksual/“Sexual Violence Law”) seems to provide a moment of calm amidst the high number of sexual violence cases that occur in Indonesia, but does Sexual Violence Law really adhere to the principles of utility, justice, and especially, certainty? One of the focuses of the Authors’ research is the element of ”˜honour and dignity’ (harkat dan martabat) contained in Articles 5 and 6 of Law Number 12 Year 2022 on Criminal Acts of Sexual Violence regarding sexual harassment that is carried out physically or non-physically. Honor and dignity are abstract concepts and cannot be measured because they are parts of the nature of human beings as God’s creation. The assessment of what ”˜honor and dignity’ is and its worth is highly relative and can be very different when viewed from not only the perpetrator and victim’s perspectives. Therefore, this article seeks to assess whether there is a more definitive set of elements to define sexual violence. This article uses normative research study to investigate into and apply the concept of a “Reasonable Person”, the application of which can also be useful in the ambit of criminology, especially victimology, especially to address sexual violence cases where the victim’s position should be considered (pro-victim approach).
Arbitrator’s Authority to Decide Ex Aequo et Bono: A Juridical Review Hadylaya, Michael Herdi
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.v23i1.7338

Abstract

Arbitration is a dynamic practice. One of the issues to consider is the implementation of ex aequo et bono by arbitrators, which many parties see as requiring prior approval from the parties so that arbitrators can make decisions based on ex aequo et bono. This study concludes that the arbitrator's authority to decide ex aequo et bono is not derived from the parties' agreement but rather from the arbitrator's inherent authority. First, because this principle is consistent with the spirit of arbitration, the Arbitrator has the authority to decide ex aequo et bono. Second, Law Number 48 Year 2009 concerning Judicial Authority imposes an obligation to investigate, adhere to, and comprehend legal values and the sense of justice in society. Third, no provision in Law Number 30 Year 1999 concerning Arbitration and Alternative Dispute Resolution requires the parties to agree in advance on the grant of ex aequo et bono.
Inheritance of Extramarital Children Determined as Legal Children After the Constitutional Court Decision No. 46/PUU-VIII/2010 Lestari, Putri Wartina; Judiasih, Sonny Dewi; Nugroho, Bambang Daru
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.v23i1.7471

Abstract

This article analyzes aspects of family law in terms of inheritance of extramarital-children, from legality to implementation, and the role of judicial institutions in protecting the inheritance rights of extramarital-children who have the status of legal children after the Constitutional Court Decision No. 46/PUU-VIII/2010, whose existence was rejected by their biological father. An out-of-wedlock child designated as a legal child is entitled to civil rights from his father, ensuring the fulfillment of the rights of extramarital-children is the responsibility of the parents, governments, and the state. The purpose of this article is to raise awareness and optimize the implementation of the protection of the inheritance rights of extramarital-children who have been determined as legal children by the court as parties. This article uses normative research by referencing several inheritance laws and regulations in force in Indonesia and factual facts. Two approaches are used, the statutory and conceptual, to obtain the desired research results. The findings showed that extramarital-children who were not recognized by the biological father did not have the right to inherit with the biological father as well as the father's family because they did not have a sexual relationship. The Constitutional Court decision only provides space for the recognition of extramarital-children, but the issue of inheritance is returned to the inheritance law in force in Indonesia. Because of their weak position, extramarital-children must be given protection to ensure the fulfillment of children's rights through the provision of mandatory wills from fathers who do not recognize them.
Preserving the Existence of Sea Turtles: The Government Policies and Roles on Conservations Utama, Gwendolyn Ingrid; Pangesti, Shinta; Vatresia, Laura Cindy
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.v22i3.7871

Abstract

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.
Reinforcing Corporate Accountability in Indonesian Environmental Law: A Dialectical Examination of Strict Liability and Criminal Sanctions Andreas Tedy Mulyono; Carla Xelena Antunez; Rachel Nakeisha Darmadji; Zefanya Queenta Mangundihardjo; Safira Fadhilla Gunawan
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.
Analyzing the Implementation of Islamic Criminal Law in the Nanggroe Aceh Darussalam and Within its Sharia Court Nasrullah; Muhammad Alwan Zain Nusantara; Bagaskara Yonar Farhansyah
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 Margareta Fanandi Sunputri; Mardi Handono; Nuzulia Kumala Sari
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 Puspita Andini; Maria R.U.D. Tambunan
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.

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