Lentera Hukum
Not a member yet
210 research outputs found
Sort by
Should Indonesia adopt a Stewardship Code?
No full textShareholder stewardship has rapidly become a popular concept among policymakers, companies, and investors around the world. On its first release in 2010, the inaugural United Kingdom stewardship code was primarily targeted to incentivize institutional investors to be actively engaged as “stewards” in the corporate governance of companies in which they are shareholders. In Southeast Asia, Singapore has adopted separate stewardship codes for institutional investors and family companies. This article aims to explore if Indonesia should adopt a Stewardship Code like the above codes in Singapore and, if yes, how these codes should be adopted in Indonesia.KEYWORDS: Shareholder stewardship, Stewardship code, Corporate governance.
Transforming Tax Policy Towards Gender Equality: Strategies for Indonesia and Global Challenges
No full textFiscal policy, especially in relation to state tax regulations, significantly influences gender disparity. This study aims to analyze and assess the issues at hand, ultimately formulating a design for tax reform that fosters gender equity. This research seeks to offer insights that could support the attainment of gender justice through the lens of tax policy in Indonesia. This study employs a qualitative research methodology utilizing a doctrinal research approach. Indonesia’s tax policies, despite undergoing various reforms, need to adequately consider gender-specific issues and the unique challenges that women encounter. The Indonesian G20 Presidency has highlighted the significance of Gender-Based Taxation (GBT) in addressing these disparities. Feminist tax policies may enhance family incomes and increase women’s workforce participation; however, they do not fully address the wider objectives of feminism. Tax policy reforms present numerous benefits compared to reforms in other legal areas, establishing it as an essential mechanism for advancing gender equality in Indonesia. Achieving equitable taxation requires the implementation of policies that are progressive and redistributive while also addressing gender issues. This includes the introduction of taxes on capital and wealth, alongside a reduction in reliance on consumption taxes. International frameworks such as CEDAW must be incorporated into fiscal policy to guarantee appropriate resource distribution aimed at addressing unpaid care work and enhancing investments in gender-responsive social services.KEYWORDS: Tax Reform, Tax Law, Gender Equality, CEDAW, Feminist Tax Policy
Food Safety in the Protection of the Right to Consumer: Access to International Law and Vietnamese Law
No full textThis right to safe food is one of consumers' most important fundamental rights. This issue is directly related to human health and life, the preservation and development of the human race, and the process of international development and integration. Ensuring food safety is currently a topic that has been paid attention to internationally as well as nationally. On a global scale, food safety issues are a significant concern addressed by the world community through many signed international agreements and conventions on ensuring food hygiene and safety. In Vietnam, food safety is one of the most urgent issues in the context of economic development and world integration, which garners concern from the whole society. Although the Vietnamese government has gradually improved the legal system regulating food safety, the situation regarding violations of food safety laws is still quite complicated. The article addresses the need to ensure the right to food safety to consumers, and analyzes the provisions of international and Vietnamese law on this right. From there, recommendations are proposed to countries to improve efficiency in ensuring food safety for consumers.KEYWORDS: Food safety, Right to use safe food, International law, Vietnamese law
Evaluating Data Breach Notification Protocols: Comparative Analysis of Indonesia and South Korea
No full textData protection is one of the most important aspects of the digital economy, with its legal implications extending across digital landscapes. The failure to protect data in data breaches can threaten the interests of owners and expose them to various risks. Legal compliance regarding how owners are notified of data breaches is important to prevent this, necessitating deep legal discourse and analysis. Using a comparative legal research method with a statutory approach, this study dissects norms within Indonesia and South Korea’s legal systems to analyze their differences in legal compliance regarding this issue. The findings of this study highlight the discrepancies in legal frameworks between Indonesia and South Korea. It particularly notes Indonesia's lack of a governing body for data breach notifications and the absence of comprehensive privacy impact assessments or cybersecurity compliance. Ultimately, the study underscores the need for Indonesia to develop a normative model for data protection to address its significant regulatory gaps—contrasting with South Korea's more robust legal mechanisms and the GDPR's systematic oversight.KEYWORDS: Data Breach, Data Breach Notification, Data Protection
Efficient Punishment for Insider Trader in Merger: Interjected Values of Economic Analysis of Law
No full textCorporate crime is one of the crimes that arise with the advancement of economic, technological, and trade liberalization activities. The problems with handling non-conventional crimes are due to the difficulty in determining the victims and criminal prosecution of perpetrators. Corporate liability and imposing sanctions on corporate entities are still strongly influenced by the societas delinquere non potest principle. One of the capital market crimes that may occur as a corporate crime is insider trading, which can be defined as securities trading transactions conducted by insiders utilizing insider information that has not been published. Information on a merger, a form of corporate restructuring, is categorized as material facts. When insider trading occurs in the merger process, verifying it for punishment is complicated considering the legal vacuum to convict such a crime. While closely related to financial matters, the prosecution of corporations also intersects with purposes and functions that protect society and individual offenders. Economic analysis of the law can answer the legal vacuum and determine the important aspects of proper legal practice, so that a specific and appropriate punishment can be found for the offense, considering that not all penalties can be imposed on corporations.KEYWORDS: Economic analysis of law, Punishment, Insider trading, Merger
War Crimes and Legal Accountability in the 2023 Israel-Gaza Conflict
No full textThis research focuses on the October 2023 conflict between Israel and Hamas, analyzing violations of international law committed by both parties under the 1949 Geneva Conventions. Using a qualitative document-based approach, the study investigates actions taken by Israel and Hamas during the first ten days of the conflict. It examines the jus ad bellum and jus in bello violations, such as Hamas's unprovoked attacks on Israeli civilians and Israel's disproportionate retaliatory strikes in Gaza. Both parties violated the Geneva Conventions: Hamas breached Article 51 by launching attacks without declaring war and targeting civilians. In contrast, Israel's retaliations violated the principle of proportionality by causing excessive civilian harm. Israel's blockade of Gaza also violated humanitarian law, as it denied civilians access to essential goods. The research identifies legal obligations under international law, noting that while Israel is a state party to the Geneva Conventions, Hamas, as a non-state actor, is bound by customary international law. The study concludes that both sides committed war crimes, requiring legal accountability through international mechanisms. The findings contribute to ongoing discussions about the challenges of enforcing international law in asymmetrical conflicts involving state and non-state actors.KEYWORDS: International law, Justice of war, Israel-Palestine dispute, Use of force
Public Interest Litigation in Nigeria and Locus Standi Debacle in Edun V. Governor of Delta State: Lessons From India, United Kingdom and South Africa
No full textThis paper reviews Nigeria’s Court of Appeal decision in Edun v. Governor of Delta State where the court held that the appellant lacks locus standi to challenge the validity of the Pension Rights of the Governor and Deputy Governor of Delta State Law, 2008 because he has neither suffered injury nor shown sufficient interest over and above that of every Deltan. It uses legal functionalism theory through analytical methodology while relying on primary and secondary data in examining the development of locus standi in Nigeria and the impact of its restrictive application on justice delivery. Considering the need to respond to contemporary developments and further the course of justice, it argues for the liberalization of locus standi by Nigerian courts drawing from the practice in India, the United Kingdom, and South Africa. It argues that the liberalization of locus standi will encourage public interest litigation hence, the orthodox requirements of having “sufficient interest” and “suffering/likely to suffer injury” indicia have become otiose to justice and should lead to the discountenancing of the restrictive application. It examines the effect of the judgment on PIL and whether the decision of the Nigerian Supreme Court (NSC) in Centre for Pollution Watch v. NNPC and the Fundamental Rights (Enforcement Procedure) Rules 2009 could be a useful harbinger for liberalization of locus standi. It recommends an appeal of Edun’s Case to the Supreme Court and the upturning of the same as leeway to liberalizing locus standi in favor of public interest litigation.KEYWORDS: Common law, Justice, Locus standi, Litigant, Injury, Nigeria
Debating Political Rights: The Revocation of Former Convict's Rights to Be Elected in Indonesian Elections
No full textThe purpose of this article is to analyse the revocation of the political right of former convicts to candidacy as public officials in the Indonesian context based on positive law and decisions of the Indonesian Constitutional Court. In addition, this article aims to conduct a comparative study analysis of the issue, namely, between the arrangements in Indonesia and those in the United States and Australia. In Indonesia, everyone has the right to stand as a candidate for public office, including former prisoners, with certain conditions in accordance with positive law. However, the matter of revoking the political rights of former convicts remains a matter of debate, especially before the General Election. The Constitutional Court affirmed that the political right of former convicts to hold elected public office must fulfil several requirements. The political rights of former convicts are still guaranteed, but there are certain limitations. In Australia and the United States, the political rights of former convicts are also maintained, but with exceptions for some instances, such as corruption or treason against the state. Looking at the existing debate, it is necessary to safeguard civil and political rights universally, while paying attention to the specific cases that underlie the prohibition on former convicts from running for public office.KEYWORDS: Elections, Political Rights, Former Convicts
Empowering Local Communities: Enhancing Engagement in Anti-Corruption Action Programs
Get PDFWhen attaining effective governance and justice, as described in the Sustainable Development Goals (SDGs), corruption is a serious hurdle in sustainable development. The issue of corruption continues to be widespread in Indonesia, necessitating responses that are both comprehensive and international in scope. Essential to the fight against corruption is the empowerment of community engagement at the local level; in developing, implementing, and monitoring Anti-Corruption Action programs. On the other hand, there is considerable space for improvement regarding community participation in anti-corruption activities. This study aims to analyze the significance of community involvement in anti-corruption measures within Indonesia by employing a socio-legal methodology: a combination of legal research with sociological analysis. Data collection entails using primary sources, such as interviews and observations made in the field; in addition to secondary sources, including legal literature and decisions made by the courts. Descriptive-analytical approaches are used to examine the elements influencing community participation in preventing and eliminating corruption. After completing the research, the researchers concluded that anti-corruption learning programs, law enforcement, and community awareness are necessities to effectively combat corruption. Additionally notable is the increasing importance of the independent media's role in discovering corruption and increasing public awareness. Among the recommendations are the enhancement of community engagement, the promotion of anti-corruption education, the expansion of media cooperation, and the improvement of government openness. To combat corruption and promote good governance, it is possible to develop an effective and sustainable collaboration between the government and society by implementing these measures.KEYWORDS: Corruption, Community Engagement, Anti-Corruption Action Programs, Local Governanc
Dual-Class Share Structure in the Indonesian Equity Market: Valuing International Insights and Acknowledging Local Wisdom
Get PDFA lot of major equity markets abroad have allowed the listing of the Dual-Class Share Structure (DCSS) corporations. DCSS is an agreement in which two types of shares are issued by the very same firm, with one type of share conferring greater power compared to the other. The Indonesian Stock Exchange only allows for limited access for DCSS technology-related corporations to list on its Mainboard. To remain attractive as Southeast Asia's top financial centre, Indonesia needs to alter its securities regulations while making its listing market adaptable to meet the needs of various enterprises. This research aims to analyse and elaborate on permitting DCSS corporations to go public and devise suitable governance safeguards to guarantee the highest possible standards of corporate governance are upheld. This research explores the legal certainty and applicability of DCSS in the Indonesian equity market and abroad, using a qualitative approach and thematic analysis of secondary data. The major finding of this research is the acceptance of DCSS adds to issues with abuse of power by the controlling shareholders, which was outweighed by their cash flow rights. While those in favour of DCSS argue that the existing shareholders' main reason for choosing a DCSS arrangement is to preserve company control. Most major exchanges in the world have taken action to accommodate DCSS going public, like those in the USA, Hong Kong, Singapore, and China. Considering the magnitude of the Asian market, Indonesia can emulate the accomplishments of other exchanges too. A series of recommendations are provided to guarantee the highest standards of corporate governance can be upheld, such as: permitting DCSS for new entrants and innovative businesses, regulating the ownership of enhanced voting shares, and setting out sunset provisions for DCSS arrangement.Keywords: Company Law, DCSS, Dual-Class Shares, Equity Market