Lentera Hukum
Not a member yet
210 research outputs found
Sort by
Competition Law in Asia: The Interplay of Power Dynamics in the Digital Market
Get PDFThe digital economy and multi-faceted markets have significantly contributed to the efficacy of most transactions governing modern humankind. Digital platforms have become an irreplaceable cross-border asset that has acclimatized with technological advancements. However, there is obscurity in the methods of accommodation of digital economy in competition laws of most jurisdictions globally. Consequently, there are ascertainable issues in competition laws of such jurisdictions. Such issues remain unaddressed due to the absence of evaluation parameters of digital platforms in the conventional market system and culminate into an Implicit and undetected abuse of dominance. This study used the doctrinal method by highlighting the distinctness of contemporary digital markets and their consequential issues. This study explicated the issues in the competition that need to be independently addressed, considering the intricacies of digital platforms. The presence of non-price factors, multi-faceted markets, and data-driven networks being the primary source of such novel issues have been particularly explicated. The established premise was substantiated by way of case studies of major events involving factors such as predation, deep discounting, and data privacy. Elucidation of the competition system in most jurisdictions in Asia and the accommodation of digital platforms in the same was also sufficiently enunciated to present a holistic insight to the established premise. Finally, the authors suggested ways to sufficiently address the issues arising from the distinctness of digital platforms, thereby giving rise to a dynamic and all-inclusive competition.
KEYWORDS: Digital Markets, Competition Law, Data Privacy
Our Right to Share, Their Right to Know: An Analysis of Public Interest Defense to Defamation
Get PDFThe defamation reports have increased and shifted under online-based technology through social media. This study considered the defamation issue in Indonesia that alleged Richard Lee, a doctor who shared a beneficial publication through social media about the dangerous skincare product. Richard's audience believed that his content helped them know the hidden truth behind skincare products available in the market. Consequently, the public questioned whether he was liable because he was regarded to share helpful information under the public interest. This study aimed to analyze Indonesia’s defamation laws, especially in public interest defense under Article 310(3) of the Indonesian Criminal Code. However, the interpretation for public interest as a crime abolition is unclear, resulting in various courts' decisions that lead to criminalizing internet users. This study used legal research with statutory and comparative approaches. It examined legal norms and practices in Indonesia and compared those in the United Kingdom, Canada, and New Zealand. These three countries adapted defamation law to develop cases, including those alleged defamations for the public interest. While the freedom of expression is enshrined in the constitution, its practice has contradicted defamation provisions outlined in derivative regulations. By comparison, these three countries have precise boundaries and public interest defense is explicit. Those countries have specific rules and lists that needed to be fulfilled for those who use public interest defense. The lists based on previous precedents show how they learn and adapt to the development of public interest defense in many cases. This study concluded that Indonesia does not have specific standards or rules to determine cases categorized as the public interest.
KEYWORDS: Public Interest Defense, Online Defamation, Freedom of Expression
Legal Aspects of Cooperatives’ Issuance of Products to Non-Member Communities in Indonesia
Get PDFRegulations of savings and loan cooperatives allow cooperatives to collect funds, resulting in the chance of issuing products to non-member communities. This study aimed to analyze the practice of issuing products to non-member communities by cooperatives. By highlighting the principle of membership as the specialty of cooperatives in Indonesia, it argued that issuing products to non-member communities is a deviation of cooperative's business activity. It accounted for the cooperative regulations, objectives, and principles of membership in cooperatives to the practice of issuing products to non-member communities that deviate from statutory regulations does not arise. The study used legal research derived from secondary data, among others primary legal materials, secondary legal materials, and tertiary legal materials. This study showed that the practice of issuing products to non-member communities is a deviation from statutory regulations, objectives, and membership principles in cooperatives. In the meantime, cooperatives while maintaining their identity requires all cooperative actors, the government, and the general public in preventing and following up on savings and loan cooperative practices that eliminate membership rights for service users.
KEYWORDS: Cooperative Law, Cooperatives in Indonesia, Economic Democracy
Death Penalty in Indonesia: Revisiting the Debate Between the Retentionist and the Abolitionist
Get PDFHistorically, Indonesia's death penalty does not originate from religious doctrine but a series of democratization processes agreed upon in the legislation. Amidst these processes, two competing opinions respond to Indonesia's death penalty: the retentionist and the abolitionist. These different approaches to address the death penalty, whether imposed or abolished, result in competing perspectives and arguments in regulatory and practical issues both in the national and international arena. This study aimed to revisit the death penalty discourse in Indonesia that opposes the human approach by assuming that the death penalty violates human rights. The data were analyzed in three steps, among other things, unitization, comparison, and conclusion. This study showed that the death penalty remains relevant to Indonesia despite the long struggle of its rejection. It concluded that Indonesia's imposition of the death penalty is regarded as worth defending, with specific and selective applications. The specific application means that the death penalty is applicable for corruptors, drug dealers, terrorists, gross human rights violators, and premeditated murders. Selective application means that a convict sentenced to death must be proven in court with a level of accuracy considered and accepted in law.
KEYWORDS: Death Penalty, Criminal Law, Right to Life, Indonesian Law
The Protection of Indonesian Migrant Workers under Fiqh Siyasah Dusturiyah
Get PDFThe position of migrant workers is often seen as a weak party. To some extent, such migrant workers are regarded as similar to slaves. In Indonesia, the government has to protect all citizens, including those abroad who have the status of migrant workers. Migrant Workers’ Protection Law 18/2017 was issued to protect citizens as migrant workers. However, several migrant workers remained legally unprotected abroad. This study used the normative approach that aimed to discuss the protection of Indonesian migrant workers from two-fold, juridical and fiqh siyasah dusturiyah perspectives. While the government protected migrant workers by issuing Law 18/2017, it has more specifically provided directions and objectives to protect migrant workers. This Law ensures human rights for migrant workers despite legal, economic, and social protection for them and their families. Then, the protection of migrant workers from fiqh siyasah dusturiyah should be under the four principles of the workforce in Islam: human independence, human dignity, justice, and the clarity of the contract and wage transaction.
KEYWORDS: Indonesian Migrant Workers, Right to Work, Islamic Law
Developers’ Data Protection in the Open-Source Application with the Copyleft License
Get PDFCopyright protection of digital products in an open-source system has led to the emergence of copyleft against copyright. Copyleft licenses in open-source serve to impose limits on creations to protect creators' moral rights. At the same time, personal data protection is one part of personal rights amidst the advent of information technology. The development of copyleft products and licenses that usually take place online can potentially lead to violations that harm application developers’ personal data. This paper aimed to characterize copyleft as an antithesis of copyright and analyze legal protection on the open-source application developers' personal data. Using legal research, this paper showed that open-source licenses could consist of two categories. First, non-copyleft licenses in the form of permissive licenses, included in the software under it and are subject to copyright. Second, the copyleft license, which required licenses to modify and distribute copyleft products. This open-source license adopted a form of a standard contract and personal data protection in copyleft products through open-source sites were using a preventive and repressive way. This paper recommended a copyleft-based legal protection mechanism and creators' data by considering the comparative aspects of the copyleft and copyright concepts' characteristics to respect moral rights.
KEYWORDS: Personal Data Protection, Indonesia’s Copyright Law, Copyleft License
Minimum Authorized Capital After the Enactment of Job Creation Law: Status Quo, Controversies, and Road Ahead
Get PDFIn a limited liability company, capital becomes one of the primary elements. However, the regulation regarding capital in Indonesia has changed several times, as its latest concern on the enactment of the omnibus bill on Job Creation Law in 2020. This paper discussed the following problems. First, what are the status quo and the development of regulations regarding minimum capital requirements in Indonesia? Second, what are the pros and cons of minimum capital requirement regulations and their developments in other countries? Third, what is the minimum capital requirements regulation that suits the conditions in Indonesia? This paper used legal research, emphasizing literature study. In so doing, the data were analyzed with the deductive method to construct conclusions. This paper showed that each limited liability company from the 1995 Limited Company Law, the 2007 Limited Company Law to the Job Creation Law had various minimum capital requirements provisions that lasted to its abolishment under the Job Creation Law. In this context, the initial policy on the minimum capital requirement was to protect creditors. In practice, however, this policy was not effective because of many other effective alternatives to protect creditors, by encouraging transparency in corporate transactions and offering easy access to corporate information. The dominance of micro and small business units in Indonesia (99% of business units) explained the urgency of eliminating minimum capital requirements regulations. The elimination of minimum authorized capital requirements was a tremendous effort to strengthen micro and small enterprises.
KEYWORDS: Limited Liability Company, Job Creation Law, Company Law
Impact of Economic Downturn on Child Labor in Vietnam
Get PDFThe economic recession led to the economic downturn, loss of jobs and income, and the risk of falling back into the poverty of near-poor and poor households. This recession caused an increase in child labor. This study aimed to analyze the concept of child and child labor under a regulatory framework and assess how the economic downturn affects child labor in Vietnam. This study used analytical research methods through synthesis, comparison, and legal analysis, emphasizing literary research based on secondary research data. This study showed that the economic downturn increased the proportion of child labor because the parents and the family's breadwinner are unemployed or cut down on their income. Children were out of school to help household businesses or look for work for extra income. The economic downturn increased the number of children working in unsafe working conditions. It increased the risk of children being forced into illegal jobs prohibited and exposing children to labor to risk forced labor. It resulted in difficulties preventing and eliminating child labor, especially in a developing country like Vietnam, due to the high number of employees working in the informal sector, who were often unsupported by social security policies such as unemployment insurance and social insurance. This study suggested that the Government should establish policies to promote sustainable economic development and promulgate appropriate social security policies to promptly support workers and their families out of difficulties caused by job loss. Also, it should organize the effective implementation of regulations on eliminating child labor and raise social awareness in preventing and eliminating child labor.
KEYWORDS: Economic Downturn, Child Labor, COVID-19 Pandemic
Preventive Measures of Cyberbullying on Adolescents in Indonesia: A Legal Analysis
Get PDFThe increasing internet penetration in Indonesia has provided adolescents to expose pornographic content advertently. It inevitably includes other adverse impacts like fraud and violence, which begin with cyberspace. Also, cyberbullies on the internet have become a serious concern on how the government has anticipated it to prevent more practices in this cross-border experience. This study aimed to address the causes and impacts of online-based media on adolescents with the following preventive measures to reduce increasing cases of cyberbullying in Indonesia. This study used legal research in assessing the issue by sourcing primary data from statutory regulations and secondary data from academic resources. This study showed that cyberbullying continues to become an annoying issue among children, adolescents, and adults. The existing regulations provide insufficient protection preventing these practices because it does not specifically regulate its types and forms at defining cyberbullying. It suggested introducing a more specific regulation that outlines cyberbullying in ensuring the protection amidst the more borderless communication to prevent more adverse impacts on victims.
KEYWORDS: Cyberbullying, Information and Technology Law, Child Protection
Determining State’s Financial Losses in Corruption: An Institutional Power and Constraint in Indonesia
Get PDFOne of the main elements in corruption is the loss of state finances. It results in confusion impacting law enforcement officials' performance in eradicating corruption. In Indonesia, the Supreme Audit Agency (BPK) is an institution authorized to assess state financial losses. In practice, the Financial and Development Supervisory Agency (BPKP) is another institution with similar power. This study analyzed which institutions have the more appropriate power in determining state financial losses in corruption. Using legal research with statutory and conceptual approaches, this study showed that the BPK is an institution granted the constitutional power to examine state finances' management and responsibility, asserting its more legitimate institution to handle the power to assess the financial losses. Consequently, the BPK is the only state institution that can determine state financial losses. At the same time, the BPKP is only authorized to assess or audit the calculation of state financial losses as an indication of irregularities detrimental to state finances. This study concluded that only the BPK can assess and determine state financial losses used in examining the alleged corruption before the court.
KEYWORDS: Institutional Powers, Financial Audit Institution, Corruption