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Articles 1 - 9 of 9
Full-Text Articles in Comparative and Foreign Law
An Ineffective Institutional Investors Law In Indonesia? Why Bother, Luther Lie, Yetty Komalasari Dewi
An Ineffective Institutional Investors Law In Indonesia? Why Bother, Luther Lie, Yetty Komalasari Dewi
Indonesia Law Review
Corporate governance failures are one of the major factors that have crippled the Indonesian economy through financial crises. In response, the OECD has prescribed Principles II and III of the G20/OECD Principles of Corporate Governance to ensure the rights and equitable treatment of all shareholders and the acknowledged role of institutional investors in improving corporate governance. Institutional investors play a significant role as corporate monitors in protecting the public investors’ money and improving corporate financial performance. They are therefore acknowledged as the policies of economic crises, creators of firm values, and drivers of economic development. However, as this paper explains, …
Establishing A Legitimate Indonesia’S Government Electronic Surveillance Regulation: A Comparison With The U.S. Legal Practices, Citra Yuda Nur Fatihah
Establishing A Legitimate Indonesia’S Government Electronic Surveillance Regulation: A Comparison With The U.S. Legal Practices, Citra Yuda Nur Fatihah
Indonesia Law Review
Cybersecurity and privacy have now become a matter of increasing concern for citizens, the private sector, and the Indonesian government. The government is currently struggling to combat cyberattacks and data breaches. Indonesia is, in fact, in the early stages of developing a national cybersecurity strategy. The legal framework for cybersecurity in Indonesia is still weak. The one and only legal basis for regulating cybersecurity, privacy, and security, in Indonesia so far is the Electronic Information and Transactions Law No. 11/2008 and its revised version Law No.19/2016. Furthermore, the government through the Indonesian Ministry of Communication and Information has just issued …
Regulating Data Exclusivity Of Ride-Hailing Service In Indonesian Competition Law, Annisa Rahma Diasti
Regulating Data Exclusivity Of Ride-Hailing Service In Indonesian Competition Law, Annisa Rahma Diasti
Indonesia Law Review
The digital ride-hailing service platforms have advanced significantly due to technological development. It resulted in lower consumer costs and better-quality service. Thus, consumers opted for such platforms more than the conventional transportation, resulting in their exponential growth over the years such as Gojek and Grab in Indonesia. Their strong market position was achieved quickly, facilitated by innovation advantages such as indirect network effects and algorithm-based analysis of users’ past data. Ultimately, data has become a barrier for potential competitors to entering the market. Simultaneously, the incumbents or the dominant market holders likely to use a technology-based strategy by keeping access …
Legal Introspection Towards The Development Of Right To Privacy As Fundamental Right In India, Payal Thaorey
Legal Introspection Towards The Development Of Right To Privacy As Fundamental Right In India, Payal Thaorey
Indonesia Law Review
Privacy of the individual is an essential aspect of dignity. The ability of the individual to protect a zone of privacy enables the realization of the full value of life and liberty. Liberty has a broader meaning of which privacy is a subset. All liberties may not be exercised in privacy. Yet others can be fulfilled only within a private space. Privacy enables the individual to retain the autonomy of the body and mind. The autonomy of the individual is the ability to make decisions on vital matters of concern to life. The journey of right to privacy has been …
Limiting The Legality Of Determining Suspects In Indonesia Pre-Trial System, I Gede Widhiana Suarda, Moch. Marsa Taufiqurrohman, Zaki Priambudi
Limiting The Legality Of Determining Suspects In Indonesia Pre-Trial System, I Gede Widhiana Suarda, Moch. Marsa Taufiqurrohman, Zaki Priambudi
Indonesia Law Review
This article aims to examine what the pre-trial judges consider in determining whether a suspect's determination is legal. The basis of the reason "not based on the provisions and legal procedures in force" is a pre-trial petition. Including examining whether the Notification Letter for the Commencement of Investigation has not been submitted to the Reported Party and the Reporting Party, it can be used as a basis for the judge's consideration to judge the legality of the determination of the suspect. This article uses a legal research method through a statutory, conceptual, and case approach. This article finds that after …
Wandering With Artificial Intelligence And Its Obscure Legal Liability, Muhammad Pasha Nur Fauzan, Darian Amarta, Evan Tobias, Vikri Ricardo, Melania Fidela G.
Wandering With Artificial Intelligence And Its Obscure Legal Liability, Muhammad Pasha Nur Fauzan, Darian Amarta, Evan Tobias, Vikri Ricardo, Melania Fidela G.
Indonesia Law Review
The high level of autonomy of AI will raise the problem of legal liability at some point in the future. If AI’s behaviour causes an illegal consequence, who to held liable? This article will explore the problem concerning legal liability of AI into two main discussion. The first discussion will explore the possibility of imposing legal liability of AI to human. This part will discuss various available option to solve the AI liability problem by imposing legal liability on either users or manufacturers. While the second discussion will explore the possibility of imposing legal liability of AI to AI itself. …
The Role Of Expropriation Clauses In Protection And Promotion Of Foreign Investments In Renewable Energy: An Essential But Overlooked Legal Consideration, Moosa Akefi Ghaziani, Mohammad Akefi Ghaziani
The Role Of Expropriation Clauses In Protection And Promotion Of Foreign Investments In Renewable Energy: An Essential But Overlooked Legal Consideration, Moosa Akefi Ghaziani, Mohammad Akefi Ghaziani
Indonesia Law Review
Today the world is tackling climate change. The global threat of energy poverty along with the growing need for energy has escalated this crisis. The promotion of renewable energy sources is widely known as the main solution to this challenge. Many International and regional agreements address various aspects of renewable energy development such as trade, transit, security, and investment. Foreign investment is recognised as a crucial prerequisite for the global deployment of renewable energy, since not all States have the financial and technological potentials to develop this sector. Various investment agreements are signed to facilitate and promote investments. These instruments …
Unravel Persistent Land Tenure Insecurity Behind Indonesia’S Palm Oil Industry: Study Case Kinipan Indigenous Community In Central Kalimantan., Widya Naseva Tuslian
Unravel Persistent Land Tenure Insecurity Behind Indonesia’S Palm Oil Industry: Study Case Kinipan Indigenous Community In Central Kalimantan., Widya Naseva Tuslian
Indonesia Law Review
This paper argues that legal pluralism within the context of state law contributes to tenure insecurity experienced by indigenous communities behind the palm oil industry in Indonesia. The palm oil industry is an industry that contributes significantly to Indonesia's economy and is a mainstay of national export. However, this industry is also renowned for bringing multidimensional issues such as ecological problems, biodiversity crises, and land conflict with existing inhabitants, particularly indigenous groups. The latter issue is peculiar in Indonesia's palm oil industries as, in many cases, palm oil projects overlapped with indigenous people's forest land or places where they reside. …
Principle Of Simple, Speedy, And Low-Cost Trial And The Problem Of Asset Recovery In Indonesia, Febby Mutiara Nelson, Topo Santoso
Principle Of Simple, Speedy, And Low-Cost Trial And The Problem Of Asset Recovery In Indonesia, Febby Mutiara Nelson, Topo Santoso
Indonesia Law Review
This article discusses whether simple, speedy and low-cost principles have been implemented in the criminal justice in Indonesia and the obstacles faced by the Indonesian criminal justice system, especially in terms of returning state losses due to corruption cases. The findings indicate that such principles are yet to be effectively implemented in the criminal justice system in Indonesia. Some obvious issues have emerged as an area for attention; first, that law enforcement in corruption cases takes a long time, remains complicated, and is also high-priced. Second, there are a number of obstacles confronted by the Indonesian criminal justice system, especially …