176 research outputs found
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Addressing Multi-Unit Residential Management Conflicts: A Legal Study: Mengatasi Konflik Pengelolaan Hunian Multi-Unit: Sebuah Studi Hukum
No full textThis study delves into the legal complexities and challenges arising from the management dualism disputes within the Association of Occupants and Owners of Flat Units (P3SRS) at the Bogor Valley Apartment. The research adopts a normative juridical approach, focusing on the analysis of primary, secondary, and tertiary legal materials through comprehensive library research. Central to this investigation is the exploration of the authority of P3SRS under Article 27 of the Regulation of the Minister of PUPR Number 14 of 2021. The study reveals that the existing dual administrations within the P3SRS lack the legitimate authority to manage the interests of the apartment's owners and residents as stipulated by the regulation. This situation has led to significant legal issues, primarily triggered by the dismissal and replacement of P3SRS management. The research further examines legal protection mechanisms for residents and owners affected by this dualism, highlighting two primary approaches: 'preventive legal protection' through government-led socialization and awareness campaigns, and 'repressive legal protection' as outlined in existing housing laws and regulations. Additionally, the study discusses the role of the independent Notary Honor Council (MKN) in providing legal protection for notaries concerning their civil responsibilities and the creation of legal documents. The findings underscore the necessity for clear regulatory frameworks and effective legal protection strategies to address and mitigate the challenges posed by management dualism in residential unit associations, providing valuable insights for policymakers, legal practitioners, and residents of multi-unit dwellings.Highlights:
The study identifies illegal authority in dual residential management structures, highlighting a lack of legitimate power in handling owner and resident interests.
It emphasizes the necessity of preventive legal protection, advocating for government-led awareness initiatives to educate communities about residential management laws.
The research underscores the importance of repressive legal measures, detailing how existing housing regulations provide protection against management conflicts.
Keywords: Residential Management, Legal Dualism, Preventive Protection, Repressive Protection, Regulatory Framewor
Evaluating Airline Liability and Compensation in Indonesian Aviation: Mengevaluasi Tanggung Jawab Maskapai Penerbangan dan Kompensasi dalam Penerbangan Indonesia
No full textThis study investigates the regulatory framework and legal implications of airline liability in the context of air crash victims' rights in Indonesia, focusing on the enforceability of release and discharge agreements imposed by airlines. The research adopts a normative legal method, employing legislative and conceptual approaches to scrutinize primary and secondary legal materials related to aviation accident compensation. The primary sources include the Indonesian Aviation Act No. 1 of 2009, Article 141, and the Minister of Transportation Regulation PM 41 of 2011, alongside the Warsaw Convention of 1929. Secondary sources comprise academic literature, including books, journals, and research reports. The data were analyzed qualitatively, evaluating the extent to which the concepts of release and discharge align with the prevailing legal principles of transportation liability. The findings reveal that the Indonesian aviation regulations mandate airlines to compensate for deaths, permanent disabilities, or injuries resulting from air accidents, including to the heirs, with a cap set at Rp1.25 billion per passenger. However, the legal strength of release and discharge statements is considered weak, as they are not explicitly regulated, potentially disadvantageous to victims forced to sign as a precondition for compensation, and contrary to consumer protection laws prohibiting the shift of airline responsibilities to consumers. The study recommends a thorough government review of these release and discharge provisions to ensure alignment with national aviation laws, consumer protection statutes, and civil codes, emphasizing fairness and the protection of victims' and heirs' rights. This research contributes to the discourse on aviation liability in Indonesia, highlighting the need for legal reforms to uphold justice and certainty in airline compensation practices.Highlights:
Weak Legal Foundation: Release and discharge agreements in Indonesia's aviation sector lack explicit legal backing, undermining their enforceability.
Conflict with Consumer Laws: These agreements often contradict consumer protection laws by shifting airline responsibilities to consumers.
Need for Legal Reform: There is a pressing need for regulatory review and reform to align compensation practices with fairness and legal standards.
Keywords: Aviation Liability, Compensation, Release and Discharge, Consumer Protection, Legal Refor
Sniffing Cybercrimes in M-Banking via WhatsApp: Comparative Legal Framework and Implications: Sniffing Cybercrime di M-Banking via WhatsApp: Kerangka Hukum Komparatif dan Implikasinya
No full textThis normative legal research investigates the regulatory landscape and legal responsibilities surrounding sniffing cybercrimes in mobile banking (M-Banking) operations via the WhatsApp application. The study uniquely aligns its analysis with established laws like the Information and Electronic Transaction Law (UU ITE) and the Personal Data Protection Law (UU PDP), elucidating the nuances in sanctions stipulated by these respective legislations. It reveals that the UU ITE and its amendments carry more severe sanctions than the UU PDP. However, based on the lex specialis derogate legi generalis principle and teleological/sociological interpretations of the law's purpose, it concludes that Article 67 (1) of UU PDP governs such sniffing offenses in M-Banking via WhatsApp. The implicated legal liability includes a maximum prison sentence of five years and/or a fine up to five hundred billion rupiah. Moreover, the research underscores the accountability of banking institutions to compensate for the losses suffered by victims, encompassing the replacement of the full or partial account balance or other agreed forms of responsibility. These findings have critical implications for cybersecurity regulations, and the banking sector's duty of care towards customers in the digital era.Highlights:
Disparity: Penalties under UU ITE and UU PDP differ for sniffing cybercrimes.
Governing Law: Sniffing crimes in M-Banking via WhatsApp fall under UU PDP, Article 67 (1).
Liability: Banks are responsible for compensating victims' losses.
Keywords: Sniffing Cybercrimes, M-Banking, WhatsApp, Legal Framework, Bank Accountability
Prophetic Business Orientation in Corporate Law Efforts to Incorporate Aspects of Divinity and Justice in Business Law: Orientasi Bisnis Profetik dalam Hukum Perusahaan: Upaya Menghadirkan Aspek Ketuhanan dan Keadilan dalam Hukum Bisnis
No full textThis article explores the integration of prophetic business orientation, which combines religious and ethical values into corporate law, in the context of globalized modern economics. It employs a normative research methodology and legislative approach, analyzing the incorporation of values like transparency, ethics, and religious principles in Indonesian corporate law. The study reveals challenges related to legal uncertainty, corruption, unequal access to justice, and gender inequality in the workplace. Legal reforms and improved law enforcement are vital to promote ethical values and justice in contemporary business practices.
Highlights:
Ethics in Business: The study explores the concept of prophetic business orientation, emphasizing the integration of ethical and religious values into corporate law.
Multi-Faceted Implementation: It highlights the diverse aspects involved in the implementation of prophetic business orientation, from transparency to environmental sustainability.
Challenges and Necessity for Change: The research underscores the challenges, including legal uncertainty and corruption, and the need for legal reforms to promote ethical values and justice in modern business practices.
Keywords: Prophetic Business Orientation, Corporate Law, Ethical Integration, Values in Business, Legal Reform
Advancing Democratic Engagement in Indonesia's Treaty Ratification Process: Memajukan Keterlibatan Demokratis dalam Proses Ratifikasi Perjanjian di Indonesia
No full textThis study explores the application of the 'meaningful participation' principle in the formation of laws ratifying international agreements in Indonesia, with a focus on social, economic, and environmental sectors. The research adopts a normative legal methodology, utilizing statutory and conceptual approaches to analyze relevant legislation, court decisions, and academic literature. The findings reveal a significant imbalance in public participation in the ratification process, primarily characterized by a top-down approach with minimal substantive dialogue with affected community groups. Despite constitutional provisions allowing the President to establish agreements without ratification, meaningful public participation in legislative and ratification processes remains limited. The study emphasizes the need for open public consultations, active involvement of non-governmental organizations, and private sector engagement to achieve policies that reflect the comprehensive interests and aspirations of the populace. It highlights the importance of community involvement, transparency, economic-environmental balance, and inclusive approaches in influencing meaningful participation levels. The research calls for recommendations to the Government and Parliament to foster more qualitative and significant public participation in the ratification process, aligning Indonesia with international principles of meaningful participation in social, economic, and environmental law. This approach is crucial for Indonesia, as the world's third-largest democracy, to promote meaningful public participation in policy-making, especially in ratifying international agreements impacting the broader society.
Highlights:
Imbalanced Participation: Dominance of a top-down approach with minimal public dialogue in treaty ratification.
NGOs and Private Sector: Essential roles in representing diverse societal interests in legislative processes.
Legal and Democratic Alignment: Need for transparent and inclusive law-making, balancing economic and environmental aspects.
Keywords: Meaningful Participation, International Treaty Ratification, Public Involvement, Legislative Process, Indonesian Democrac
Rethinking Unjust Enrichment: Advancing Distributive Justice in Indonesian Law: Memikirkan Kembali Unjust Enrichment: Memajukan Keadilan Distributif dalam Hukum Indonesia
No full textThis study aims to analyze the development of the unjust enrichment doctrine in Indonesia from a progressive legal perspective. Employing normative legal research with conceptual, comparative, and legislative approaches, the study confirms that the philosophical orientation of the unjust enrichment doctrine in Indonesian civil law is expected to optimize the idea of distributive justice, which is relevant in civil practice. The actualization of the unjust enrichment doctrine in a progressive legal perspective can be achieved through philosophical, theoretical, and practical approaches. By exploring the principles of proportionality and Pancasila values as Indonesia's legal ideals, integrating the development of unjust enrichment doctrine within the theoretical framework of tortious acts, and promoting the active and creative utilization of Article 1359 of the Indonesian Civil Code, this study offers insights for judges and legal practitioners in their pursuit of justice in civil cases based on unjust enrichment claims.Highlights:
Philosophical orientation: Emphasizes distributive justice and embraces Pancasila values as Indonesia's legal ideals.
Theoretical development: Integrates unjust enrichment doctrine within the framework of tortious acts.
Practical approach: Encourages active and creative utilization of Article 1359 of the Indonesian Civil Code by judges and legal practitioners.
Keywords: unjust enrichment, progressive legal perspective, distributive justice, Indonesian civil law, Pancasila values
 
Trust and Accountability: Legal Implications of Train Delays: Kepercayaan dan Akuntabilitas: Implikasi Hukum dari Keterlambatan Kereta Api
No full textThis normative legal research with statutory and conceptual approaches aims to analyze the implications of train delays according to schedule in a progressive legal perspective and to construct ethical and legal responsibility for such delays. The results reveal that train delays not only harm passengers but also decrease public trust in rail services. In a progressive legal perspective, trust is the fundamental element for law to serve human interests. To address this issue, a minister of transportation regulation should be established to hold train service managers accountable for delays and provide ethical and legal obligations to passengers. By learning from the accountability of aircraft delays, such regulations can be adapted to rail transportation.
Highlights:
Train delays have negative consequences for passengers and public trust in rail services.
Trust is a fundamental element for law to serve human interests.
A minister of transportation regulation should be established to hold train service managers accountable for delays and provide ethical and legal obligations to passengers.
 
Cartel Practices in Indonesian Tyre Industry: Assessing the Role of the Indonesian Tyre Business Association: Praktek Kartel Pada Industri Ban Indonesia: Meninjau Peran Asosiasi Perusahaan Ban Indonesia
No full textThis study examines the legal standing of the Indonesian Tyre Business Association (APBI) in light of the KPPU Decision Number 08/Pdt.G/KPPU-I-2014 concerning tire cartel violations in the Indonesian automotive industry. Utilizing normative legal research methods focusing on positive legal norms, the study identifies and systematizes violations of business competition rules by six major APBI member companies between 2008 and 2012, and critically analyzes and interprets the evidentiary basis of these findings. The companies allegedly colluded on tire pricing, manipulating the market for Passenger Car Radial (PCR) tires and inducing unfair business competition. The study asserts that, while the APBI's role in facilitating this collusion was apparent, its legal liability remains unclear due to the association's ability to influence member practices without a binding enforcement mechanism. These findings raise critical implications for market competition and cartel law enforcement, necessitating a re-evaluation of the legal provisions surrounding business associations, especially in the context of Indonesia's anti-monopoly and unfair competition laws.Highlights:
APBI's facilitation of cartel behavior among its members.
Unclear legal liability of business associations in anti-competitive practices.
Need for re-evaluation of legal provisions surrounding business associations.
Keywords: Cartel, Indonesian Tyre Business Association (APBI), Unfair Business Competition, Competition Law, Indonesian Tyre Industry
 
Trademark Infringement: An Analysis of the Gudang Garam versus Gudang Baru Case and Its Global Implications: Pelanggaran Merek Dagang: Analisis Kasus Gudang Garam versus Gudang Baru dan Implikasi Globalnya
No full textThis study conducts a qualitative analysis of the trademark dispute between Gudang Garam and Gudang Baru concerning brand names and imagery on products, employing a case study method alongside normative legal and conceptual approaches. The research delves into the judges' legal considerations and the trademark rights arrangement, focusing on Gudang Garam, a renowned brand. The results establish that Gudang Baru violated the 2016 trademark registration provisions (Article 1 Paragraph (1) of Law N 20 and Article 18 Paragraph (3) of Ministerial Regulation No. 67), prompting the Intellectual Property Office to reject all applications. This case underlines the importance of respecting well-established brands and legal implications for trademark registrations, informing future practices in the field.Highlights:
Violation of trademark registration provisions by Gudang Baru.
Enforcement of the trademark rights of well-known brand Gudang Garam.
Legal implications influencing future trademark registration practices.
Keywords: Trademark Dispute, Gudang Garam, Gudang Baru, Trademark Registration, Legal Implications.
 
Policy Formulation of Fraud Offenses in the New Penal Code Concept for Combating Technology-Related Crimes: Kebijakan Formulasi Tindak Pidana Penipuan dalam Konsep KUHP Baru untuk Menanggulangi Kejahatan di Bidang Teknologi
No full textThis study critically analyzes the formulation of criminal offenses related to fraud in the revised Penal Code (KUHP) within the context of contemporary technological advancements. Employing a normative legal research method, the investigation draws on relevant legal literature, legislation, and scholarly publications. The findings reveal inadequacies in the current legal provisions, particularly in addressing cyber fraud facilitated by information technology. The newly introduced Article 492 of the revised KUHP remains rooted in conventional fraud models, lacking the capacity to accommodate digital modus operandi and failing to encompass diverse identity theft techniques and system vulnerabilities. The absence of specific regulations pertaining to electronic transactions, computer networks, and digital systems further underscores the limitations. While the revised KUHP exhibits positive enhancements, urgent revisions are warranted to incorporate comprehensive elements, impose stricter penalties, and reinforce global cooperation in combating cybercrime. The overarching goal is to ensure that criminal provisions remain adaptive and responsive to the dynamic landscape of technology-driven offenses in the future.
Highlights:
The revised Penal Code inadequately addresses digital fraud, necessitating a comprehensive update to encompass evolving technological modus operandi.
Existing legal provisions lack specificity concerning electronic transactions, computer networks, and digital systems, revealing a crucial gap in addressing contemporary cyber threats.
Urgent revisions are imperative to fortify criminal statutes, impose stricter penalties, and enhance international collaboration, ensuring a responsive legal framework for combating future technology-based crimes.
Keywords: Technological Fraud, Penal Code Revision, Cybercrime Legislation, Legal Adaptation, Global Cooperatio