Digital Commons Network^™

Artisans De La Pensée Moderne Des Droits De L'Homme, Hommes Qui Ont Fait La Déclaration Universelle Des Droits De L'Homme, Charles Malik, Georges J. Assaf

Proche-Orient, Études juridiques

No abstract provided.

Civil Liability Of A Parent Company For The Unlawful Acts Of Its Subsidiary: An Analysis Of The Piercing The Corporate Veil Doctrine In Indonesian Court Decisions, Giovan Ryan Kevin Barus, Togi M.P. Pangaribuan

Lex Patrimonium

This research examines the civil liability of a parent company for unlawful acts committed by its subsidiary within a corporate group structure in Indonesia, with particular emphasis on the application of the single economic entity and piercing the corporate veil doctrines. This research adopts a doctrinal legal research method with a descriptive-analytical approach, relying on statutory analysis, legal doctrines, and case studies, namely Supreme Court Decision Number 89 PK/Pdt/2010 and Serang District Court Decision Number 30/Pdt.G/2022/PN Srg. The findings demonstrate that although the principles of separate legal personality and limited liability remain fundamental under Indonesian company law, courts may, in …

Ganti Rugi Immateriil Dalam Wanprestasi Di Antara Kepastian Hukum Dan Keadilan (Putusan Nomor 183/Pdt.G/2023/Pn Smg Dan Nomor 629/Pdt.G/2020/Pn Jkt.Sel), Martha Elisa Novianti Tambunan, Abdul Salam

Lex Patrimonium

Although Article 1243 of the Civil Code limits compensation for breach of contract to material damages, judicial practice reveals a disparity in addressing immaterial damage claims. This study analyzes judicial considerations in the Semarang District Court (housing dispute) and South Jakarta District Court (bag business dispute) decisions using Economic Analysis of Law and Gustav Radbruch’s Legal Philosophy. The results indicate a rational Functional Dualism. The Semarang Court adopted a progressive stance by granting the claim for substantive Justice, justified by the Radbruch Formula to correct injustice regarding basic human needs. Conversely, the South Jakarta Court adopted a positivistic stance by …

Disparitas Putusan Hakim Dalam Menentukan Keabsahan Klausul Non-Kompetisi Pada Perjanjian Kerahasiaan (Studi Kasus Gugatan Wanprestasi Terhadap Eks Pekerja Pt Foom Lab Global), Winda Octaviani Fadilah, Togi M.P. Pangaribuan

Lex Patrimonium

This study analyzes the validity of Non-Competition Clauses in Non-Disclosure Agreements through judicial disparities in cases involving former PT Foom Lab Global employees. The normative framework is built upon Articles 1320, 1337, and 1338 of the Indonesian Civil Code, freedom of work laws, and trade secret protection. The study distinguishes standard confidentiality obligations from Non-Competition Clauses, which require strict validity testing due to their restrictive nature on workers' rights. First-instance findings reveal conflicting reasoning: Decision No. 168 voided the clause based on freedom of work, whereas Decisions No. 155 and No. 666 upheld it based on freedom of contract and …

Standar Ganti Rugi Materil Dalam Kasus Perbuatan Melawan Hukum Pada Hewan Di Indonesia Berdasarkan Kasus Blackout Pln Pada Putusan Pengadilan Negeri Nomor 09/Pdt.G.S/2019/Pn Jkt Slt, Nathania Debora Siagian, Rosa Agustina

Lex Patrimonium

This study examines the standard of material compensation for pet deaths due to unlawful acts in Indonesian law, using a case study of District Court Decision No. 09/PDT.G.S/2019/PN JKT Sel, which rejected a claim for the death of four koi fish due to a power outage by PLN. Through doctrinal legal research with case and comparative law approaches, this study finds that Indonesian law still categorizes animals as movable objects, limiting compensation to provable economic loss, without considering emotional value. The court ruled that the power outage was not an unlawful act due to lack of fault, thus limiting PLN’s …

Perbuatan Melawan Hukum Penanggung Akibat Pembatalan Sepihak Perjanjian Asuransi Jiwa: Studi Putusan-Putusan Pengadilan, Chelsea Putri Kezia Aruan, Togi Marolop Pradana Pangaribuan

Lex Patrimonium

Life insurance contracts are reciprocal agreements based on the principle of utmost good faith, binding insurers and insured parties to perform their contractual obligations. In practice, insurers often unilaterally cancel life insurance policies, particularly at the claim stage, causing legal uncertainty and financial loss to policyholders or beneficiaries. This study aims to examine whether unilateral cancellation of life insurance contracts by insurers constitutes an unlawful act under Indonesian civil law and to analyze judicial considerations in resolving such disputes. This research employs a normative juridical method using statutory, conceptual, and case approaches through the analysis of legislation, legal doctrines, and …

Pengaturan Itikad Baik Dalam Penggunaan Bahasa Asing Pada Perjanjian Dengan Pihak Indonesia, Thesalonika Zipora Manurung

Lex Patrimonium

This research analyzes the application of the principle of good faith in foreign-language agreements involving Indonesian parties following the issuance of Supreme Court Circular Letter Number 3 of 2023. The study focuses on the role of good faith, as stipulated in Article 1338 paragraph (3) of the Indonesian Civil Code, as a standard for assessing the validity and performance of contracts amid the mandatory use of the Indonesian language under Law Number 24 of 2009. This research employs a normative juridical method using statutory, conceptual, and case-based approaches. The findings demonstrate that Supreme Court Circular Letter Number 3 of 2023 …

Studi Kasus Penetapan Nomor 234/Pdt.P/2025/Pn Ptk Mengenai Pengakuan Anak Oleh Ibu Setelah Ayah Dari Anak Meninggal Dunia, Rahma Qyrana Suherto, Endah Hartati

Lex Patrimonium

The legal status of children born out of wedlock constitutes a significant issue in Indonesian family law. In Indonesia, the recognition of children is regulated through various statutory provisions, including the Civil Code, the Marriage Law, and regulations in the field of population administration, which collectively govern the requirements, procedures, and legal consequences of the recognition of children born out of wedlock. The legal issues examined in this study focus on two main aspects: first, whether the prevailing laws and regulations in Indonesia concerning the recognition of children have adequately accommodated the best interests of the child; and second, whether …

Analisis Perbuatan Melawan Hukum Oleh Direksi Dalam Pengelolaan Keuangan Perseroan Berdasarkan Prinsip Business Judgment Rule (Studi Putusan No. 915 K/Pdt/2017)*, Reynaldi Aditama Rizki

Lex Patrimonium

The Board of Directors, as a corporate organ, holds full authority and responsibility for

the management and administration of the company’s business activities, including the

management of corporate finances; therefore, every policy decision taken may give rise

to legal consequences if it causes losses to the company or other parties. Corporate law

recognizes the Business Judgment Rule as a form of legal protection for Directors with

respect to business decisions made in good faith, with due care, and based on adequate

information; however, this principle is not absolute and cannot be invoked to justify

unlawful conduct. This research aims to …

Penguasaan Tanpa Dasar Hak Atas Bangunan Milik Orang Lain Sebagai Bentuk Perbuatan Melawan Hukum (Studi Putusan Mahkamah Agung Nomor 651 K/Pdt/2020), Helena Ginting, Abdul Salam

Lex Patrimonium

Disputes over the possession of buildings often originate from preliminary sale and purchase agreements that fail to result in a lawful transfer of rights. Legal issues arise when a down payment sale agreement is declared null and void due to the buyer’s failure to fulfill payment obligations, while physical possession of the seller’s property is continuously maintained without a valid legal basis. This article aims to analyze the legal standing of down payment sale agreements in relation to the transfer of rights over land and buildings, the status of possession following the nullification of the agreement, and the legal qualification …

Perlindungan Pembeli Yang Beritikad Baik Dalam Transaksi Jual Beli Tanah Namun Dinyatakan Wanprestasi: Putusan Mahkamah Agung Nomor 524 B/Pdt.Sus-Arbt/2024, Yosita Dea Suwanto, Togi Marolop Pradana Pangaribuan

Lex Patrimonium

This study examines whether PT Adhi Persada Properti (PT APP) qualifies as a good-faith purchaser under a Land Sale and Purchase Binding Agreement (Perjanjian Pengikatan Jual Beli/PPJB) and is therefore entitled to legal protection in a dispute culminating in Indonesian Supreme Court Decision No. 524 B/Pdt.Sus-Arbt/2024. The study employs a normative juridical method, applying statutory, conceptual/doctrinal, and case-based approaches through an analysis of BANI Surabaya Arbitration Award No. 64/ARB/BANI-SBY/II/2023, Bekasi District Court Decision No. 531/Pdt.Sus-Arb/2023/PN Bks, and Supreme Court Decision No. 524 B/Pdt.Sus-Arbt/2024. The study finds that a PPJB establishes an obligational relationship; accordingly, PT APP is positioned as a …

Tinjauan Hukum Tentang Penerapan Bunga Moratorium Dalam Kasus Pelanggaran Perjanjian Jual Beli (Studi Kasus Putusan Nomor 56/Pdt.G/2024/Pn Byl), Sayidatina Kheista Abigail Arifin, Akhmad Budi Cahyono

Lex Patrimonium

The legal definition of a contract is a legal act whereby two or more parties bind themselves, originating from Article 1313 KUHPerdata In civil law, there are many classifications of contracts which must satisfy four essential conditions for validity: capacity, consent, a specific subject matter, and a lawful cause. When a contract is breached by one of the parties, it is termed breach of contract. It is categorized into three types: total non-performance of the agreement, improper performance of what was promised, or late performance by the debtor. In cases where a party is harmed by the default, that party …

Perbuatan Melawan Hukum Dan Hilangnya Hak Kepemilikan Atas Tanah:Studi Putusan No.712/Pdt.G/2022/Pn.Tng, Muhammad Haikal Keitaro Akuan

Lex Patrimonium

This paper provides an explanation and analysis related to the concept of unlawful acts in civil law as found in Article 1365 of the Civil Code, and existing doctrines and jurisprudence, especially related to the application carried out by the judge in decision number 712/Pdt.G/2022/PN/Tng. This paper was compiled using a doctrinal research method. In the concept of unlawful acts in civil law which is based on Article 1365 of the Civil Code. In practice, especially in decision number 712/Pdt.G/2022/PN/Tng, it turns out that the judge applies the elements of the unlawful act implicitly. In unlawful acts there is also …

Institutional Design For Economic Development In Transmigration Areas Using The Sustainable Livelihoods Framework (Slf) — The Pentahelix Model To Accelerate Tourism: A Case Study Of Simeulue, Reza Nur Arsyi

Jurnal Vokasi Indonesia

Simeulue's tourism sector possesses natural advantages (world-class beaches and waves), yet its added value has not been optimally converted at the regional level, particularly within the Selaut Transmigration Area (KT Selaut). This finding provides a blueprint for tourism economics based on the Sustainable Livelihoods Framework (SLF) and Pentahelix collaboration (ABCGM) to strengthen the end-to-end tourism value chain. Methods: desk review of statistical documents and policies, supplemented by planning synthesis (RIPPDA). Results: (1) Simeulue has 138 villages across 11 sub-districts, with strategic village institutional foundations but tourism capacity remains dispersed; (2) indications of the absence of star-rated accommodations and limited amenity …

Advances In Gene Editing Strategies For Viral Disease Resistance In Pigs: Knock-Out, Knock-In, And Overexpression Approaches, Zhao Namula, Takeshige Otoi, Aya Nakai, Megumi Nagahara, Maki Hirata, Fuminori Tanihara

The Thai Journal of Veterinary Medicine

Highly contagious viral pathogens—such as porcine reproductive and respiratory syndrome, classical swine fever, and African swine fever—continue to pose serious threats to the swine industry and cause major global economic losses. Conventional disease control approaches, such as vaccination and biosecurity, are limited by viral heterogeneity and immune escape mechanisms. Gene editing technologies, most notably the CRISPR/Cas9 system, offer an innovative means of introducing innate viral disease resistance or resilience in pigs. The continuous improvement of these tools can provide a sustainable strategy to enhance animal welfare and global food security and reduce reliance on traditional control measures. This review provides …

1954 Letters, Reports, And Other Documents Related To The Beaver Research Council, Box 42, John S. Mclaughlin, James V. Lloyd, Victor B. Scheffer, Wyoming Game And Fish Commison, Ferd Kleinchnitz, Colorado Game And Fish Department, Fish And Wildlife Service, Lee E. Yeager, Colorado Cooperative Wildlife Research Unit, James E. Grasse, Ralph Hill, Stanley C. Joseph, John Retzer, Barton Herschler

Rocky Mountain National Park

Letters, reports, and other documents related to the Beaver Resource Council, including the effect of beavers on stream flow and water systems within the park, land management, and possible population control methods. Terms: Rocky Mountain National Park; Beavers; Beaver Research Council; Cahalane; Roosevelt Forest; Chambers Lake; Cascade Creek; Hague Creek; aspen trees; forest management; Middle St. Vrain; Jim Cole; Rocky Mountain Forest and Range Experiment Station; Barton Herschler; Martin Hoover; stream flow; Sheep Lake; Horseshoe Park; Cottonwood Creek; Ralph Hill; fish management; Martin Hoover; Stan Broman; agriculture; Tolson

1951 Memo Regarding Flood Prevention Efforts Box 42, David Canfield

Rocky Mountain National Park

Memorandum from Park Superintendent regarding the Lily Lake flood, and concern of Estes Park that Lawn Lake could pose a similar risk. Questions of jurisdiction and practical elements of dam construction are discussed in relation to the National Park Service, Bureau of Reclamation, and town of Estes Park. Terms: Rocky Mountain National Park; Flooding; Lily Lake; Fish Creek; South St. Vrain Highway; Baldpate Inn; Estes Park; Lawn Lake; LaNoue; dams; Horseshoe Park; National Park Service; Bureau of Reclamation; Big Thompson Project; state fish hatchery; Olympus Dam; Estes Park Power Plant; J. H. Knight; South Platte River District; State Engineer; Estes …

1950 Letters And Documents Related To Land Purchases In Rocky Mountain National Park, As Part Of Plans For The 1953 Land Acquisition Program, 601 Land File, Box45, John S. Mclaughlin, Howard W. Baker, Moses Smith, David H. Canfield, George F. Ingalls, H. A. Hubler, Oscar Chapman

Rocky Mountain National Park

Letters and other documents related to possible land purchases and acquisitions in Rocky Mountain National Park. Terms: Rocky Mountain National Park; Land acquisition; Gratton; Hackett; Moses Smith; Gillespie; Big Meadows; 1953 Land Acquisition Program; LaNoue; NPS-L-4; Lewis; Emmert; Oscar Chapman; Seymour; Buckingham; Cunningham; Beaver Creek; Ted Swem; Shadow Mountain Reservoir; Granby; Batson; Demaray; Francis M. Kinney; Thomas C. Marsh

Series Of Documents Related To Acquisition Of Lands By Rocky Mountain National Parks, Primarily Involving The Lands Of Peter Hondius, Donations File 605. Box 45, George F. Ingalls, Hillroy A. Tolson, Newton B. Drury, David H. Canfield, Francis D. Lanoue, Pieter Hundius, Lawrence C. Marriam, Conrad L. Writh, John S. Mclaughlin, Edward J. Low, C. Girard Davidson, Huge M. Miller, Theodore Spector, Brice Sheriff

Rocky Mountain National Park

Memoranda, letters, and other documents related to acquisition of lands for Rocky Mountain National Park, especially involving the lands of Pieter Hondius. Terms: Rocky Mountain National Park; land acquisition; Peter Hondius; Pieter Hondius, Tolson; Doris B. Robinson; Carrol E. Robinson; George Ingalls; Newton Drury; David H. Canfield; Francis D. LaNoue; Larimer County; Pipeline Road; Suny Ridge Subdivision Road; South Woodland Heights Road; High Drive Road; Baldwin Ditch; possessory rights; Lawrence C. Merriam; Edward J. Low; Ezra H. Kauffman; Summerland Subdivision; Hugh M. Miller; Grand County; Grand County Abstract Company; Theodore Spector; Brice Sheriff; Fred McLaren; Henry C. Low; Florence Snedaker; …

Series Of Documents Relating To The Exchange Of State School Lands In Rocky Mountain National Park, 605 Entries (General) File, Box 45, Howard W. Baker, Weldon W. Gratton, David H. Canfield, Fred Mclaren

Rocky Mountain National Park

Memoranda and letters related to exchange of State school lands in Rocky Mountain National Park. Terms: Rocky Mountain National Park; State school; land acquisition; Ingalls; Weldon W. Gratton; Forest Service; Bureau of Land Management; Howard Baker; David H. Canfield; Doerr; Colorado State Land Board; Dinosaur National Monument; Tolson; Byron Mock; Taylor Grazing Act; Thomas J. Allen, Jr.; C. W. Chatfield; Fred McLaren

1940s Documents Related To Water Rights And Right-Of-Way In Rocky Mountain National Park, 607 Jurisdictions (General File), Box 45, Ernest Field, Oscar Chapman

Rocky Mountain National Park

Memorandum and letter relating to water right-of-way and status of irrigation ditches in Rocky Mountain National Park. Terms: Rocky Mountain National Park; Horseshoe Ditch; Horseshoe Park; Jones Ditch; Aspen glen Campground; Beaver Ditch; Beaver Meadows; Hupp Ditches; Hollowell Park; Harbison Ditch; Harbison Meadows; Selak Ditch; Selak Meadows; Ernest K. Field; William S. Hill; Henry J. Heinricy; reservoir right-of-way; Arbuckle Reservoir Company; Oscar L. Chapman

Collection Of Mid-20th Century Documents About The Status Of Private Property In Rocky Mountain National Park, Including Attempts At Acquisition, 610 Private Landowners, Box 45, Howard W. Baker, David H. Canfield, Fred L. Mclauren, J. Barton Herschler, J. V. Lloyd, Duke W. Dunbar, Carl R. Swartzlow, Louis Croft, Jackson Priece, John S. Mclaughlin, Hillroy A. Tolson, Frances Lanoue, Conrad L. Writh, Wayne H. Hackett, John W. Anderson, William M. Beek, R. E. Elston Dr., Fern Smith, Alta Smith, Lloyd W. Bruce

Rocky Mountain National Park

Documents about the status of private land in Rocky Mountain National Park, including lists of landowners, names of properties, history of acquisitions and negotiations, and other matters. Terms: Rocky Mountain National Park; land acquisition; National Park Service; private property; A. E. Demaray; Enos Mills; Mrs. Enos Mills; Horseshoe Park; J. Barton Herschler; Irwin S. Beattie; Ernest H. Brink; Carl J. Nelson; Jessie R. Nelson; C. J. O'Brien; Harriet O'Brien; Redwood Fisher; Henry Rhone; Carolyn Rhone; Dean. M. Gillespie; Mary R. Gadehaux; F. A. Gadehaux; Mary Alice Schneer Gudgel; H. G. Gill; H. A. Gill; Clyde F. Sargent; Helen I. Smith; …

Busseron Creek Fish And Wildlife Area, Michael Spalding

Stormwater Drainage Conference

The Southern Indiana Sentinel Landscape (SISL) partnership, led by the Conservation Law Center (CLC), works to preserve and protect military missions, support sustainable farming and forestry, restore and sustain ecosystems, ensure thriving human communities, and buffer against extreme weather events. In November 2022, SISL identified a real estate listing for a 191-acre property for sale in the heart of a 3,950-acre contiguous land holding near Lake Glendora Test Facility in Sullivan County, Indiana. If this piece had sold, the entire property would have been fractured, likely permanently. SISL swiftly engaged partners to assist and led the effort to permanently protect …

The Final Payroll: Human Resources, Meet Machine Resources, Sarah Yee

Student Journal of Information Privacy Law

As artificial intelligence (AI) becomes increasingly embedded in employment practices, particularly in hiring and screening, the need for robust regulatory frameworks is urgent. This Article focuses on the growing use of AI in workplace decision-making, highlighting the risks of algorithmic bias and discrimination. It argues that while the United States lacks a unified legal approach to governing AI in employment, the European Union (EU) has taken a more proactive and comprehensive stance. Through instruments like the proposed EU AI Act and existing data protection laws such as the General Data Protection Regulation (GDPR), the EU imposes meaningful obligations on employers …

Melding Existing Models Of Government-Assisted Insurance To Create A Comprehensive Federal Cyber Insurance Program, Patrick Miskovsky

Student Journal of Information Privacy Law

This article discusses the need for federal policy in the cybersecurity insurance market, and it considers whether existing federal insurance programs could serve as models for a national cyber insurance regime.  After framing the issue through a discussion of current cyber risks, the article examines the structure and mechanics of three existing federal insurance programs: the Terrorism Risk Insurance Program, the National Flood Insurance Program, and the Federal Deposit Insurance Corporation.  The article concludes by noting that elements of each would be essential in a federal cyber insurance program, and that policymakers should consider the extent to which these models …

The Structural Problem With Real-Time Crime Centers, Holly Merclich

Student Journal of Information Privacy Law

Since the terror attacks of September 11, 2001, the government has become fixated with public safety, oftentimes at the expense of individual privacy. The surveillance state expanded after this in the early 2000s, and the country’s first Real Time Crime Centers were born. Real Time Crime Centers are hubs where different technologies and information are fused and aggregated into one easy to use space. Data outputs from automated license plate readers, closed circuit television, and various law enforcement databases are aggregated into one single pane of glass view to achieve higher rates of case closures and increase the efficiency of …

Blurred Lines: How Mandatory Arbitration Clauses In Termsof Service Agreements Undermine Privacy Law Frameworks, Owen Curnin

Student Journal of Information Privacy Law

Following the birth of the Federal Arbitration Act–which made arbitration agreements valid, enforceable, and irrevocable in courts of law–mandatory arbitration clause use in commercial, consumer, and employment contracts exploded. These types of clauses require parties to submit all disputes arising out of or related to a contract to an impartial third party. This third party, known as the arbitrator, reviews the facts, listens to the parties’ arguments, and makes a final, binding decision resolving the dispute. Corporations have long relied on mandatory arbitration clauses to resolve disputes privately and confidentially, often hoping to avoid the public scrutiny and accountability associated …

A Framework For The Use Of Facial Recognition Technology In Policing: Is Your Face Equivalent To Your Ip Address?, Amirah Farooq

Student Journal of Information Privacy Law

This paper argues that police use of facial recognition technology constitutes a “search” within the meaning of section 8 of the Canadian Charter of Rights and Freedoms and therefore requires prior judicial authorization. Part A provides the background for this argument and begins with a case study of Clearview AI to establish the regulatory gap in Canadian AI legislation. Part B develops this argument by relying on the rules of evidence, the Charter, and analogies drawn from current case law. Part C addresses counterarguments. Part D concludes with a summary of the proposed framework and emphasizes the importance of a …

Like, Share, & Comply: Recommendation Algorithms & Ftc Enforcement Authority, Alexandra Logan

Student Journal of Information Privacy Law

As recommendation algorithms and generative artificial intelligence become central to digital platforms, the Federal Trade Commission has, in the past, increasingly signaled its intent to regulate emerging technologies under Section 5 authority to prevent unfair or deceptive acts or practices. This paper examines how companies may face Federal Trade Commission scrutiny when algorithmic design, personalization systems, or public representations result in consumer harm. Drawing on case studies involving TikTok, Facebook, Snapchat, and others, the paper explores the limitations of plaintiff litigation under Section 230 of the Communications Decency Act and examines this potential avenue of expanding federal administrative enforcement. It …

Editorial Board Vol. 4 No. 2 (2026)., Caroline Aiello Editor-In-Chief

Student Journal of Information Privacy Law

Masthead Editorial Board Vol. 4 No.2