Law Commons^™

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 …

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 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 …

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 …

Foreword, Caroline Aiello

Student Journal of Information Privacy Law

Foreword

Resiliency Planning And The Reorganization Of Legal Authority In Rural Maine, Nicholas F. Jacobs, Skylar Thielbar

Maine Law Review

Resiliency has become a dominant and largely unchallenged organizing principle of contemporary state-local governance in Maine, particularly as it affects rural towns and communities dependent on extractive industries. This Article argues that resiliency planning is not merely a policy orientation, but a distinct form of legal authority, which operates through an administrative structure that is closed off to normal channels of political accountability and judicial review. Focusing on Maine, the Article shows how statewide resiliency planning reallocates authority across state and local institutions, shaping fiscal access and territorial development without triggering the doctrinal safeguards of public law. Rural governance, where …

Betschart V. Oregon: A Seven-Day Standard For Maine, Henry Gates

Maine Law Review

Maine lacks a clear standard for ensuring the right to counsel for indigent defendants. The State’s public defense system is struggling to meet Maine’s constitutional mandate: To provide indigent defense services in rural areas and across the state. An aging bar with few new attorneys working in rural areas—where there are often higher relative prosecution rates and a corresponding increased need for legal services—is contributing to the problem. This has resulted in a legal system that negatively impacts rural communities and indigent defendants to the point that one court concluded the state is violating the Sixth Amendment. Following the Ninth …

One Year's Seeding: Looking Back On The Last Seven Years Of Maine's Progress Toward Rural Justice, Christopher Northrop, Seth Main

Maine Law Review

Nationally, the crisis in access to legal services in rural areas continues to grow despite significant attention and efforts to reverse this troubling trend. This Article explores Maine’s efforts to address our legal deserts. The Article’s starting point is a retrospective look at our 2019 national symposium on rural justice and accompanying Maine Law Review issue. We will try to measure successes and failures, while also addressing the significant impact caused by the intervening pandemic. The Article will then shift to an analysis of the current landscape, focusing on the role of the University of Maine School of Law. We …

The Other Right To Counsel: The Civil Guarantee In State Constitutions, Dmitry Bam

Maine Law Review

When most people speak of the right to counsel, they speak in the singular. After the Supreme Court’s seminal decision in Gideon v. Wainwright, the right to counsel in criminal prosecutions has become one of our most cherished fundamental rights. It is a right ingrained in our culture. Even children can recite the mantra that the accused have the right to a lawyer, and if they can’t afford a lawyer, one will be provided to them free of charge. It is no surprise, then, that our constitutional focus is trained on the criminal defendant’s right to counsel. After all, there …

Legal Deserts Over Time, Cory L. Dodds

Maine Law Review

Legal deserts—counties with exceptionally low attorney availability—shape housing stability, personal safety, health outcomes, and economic security in rural communities. Yet, national scholarship has not yet determined whether attorney scarcity is transient or durable and relies largely on cross-sectional snapshots and population-based headcounts benchmarked to the American Bar Association’s (ABA) threshold of one attorney per 1,000 residents. These measures can obscure temporal dynamics, overstate functional supply, and embed contested normative assumptions about adequacy. This Article offers a national, longitudinal, and definition-sensitive analysis of legal deserts using county-level data from the forty-eight contiguous states at three observation points. Attorney supply is measured …

Foreword, Adam Fortier-Brown

Maine Law Review

Access to legal services in America has emerged as one of the most pressing structural challenges facing the legal community. As attorneys increasingly concentrate in metropolitan areas, large areas are left with few practicing attorneys and challenging prospects of attracting many more. The consequences of this challenge reach across nearly every aspect of life in these communities—from housing and family stability, to starting or winding down businesses, and critically, to the constitutional guarantees that attach when someone is charged with a crime. Yet, these challenges have also generated a period of genuine creativity and collaboration between communities and different institutions. …

Rurality And Redistricting: California's Proposition 50, Rural Identity, And Democratic Legitimacy, Lisa R. Pruitt

Maine Law Review

When California voters embraced mid-decade congressional redistricting in 2025, the greatest media attention landed on the state’s First Congressional District, CA-01. It is residents of that district who are likely to feel the consequences of the new maps most profoundly. In the form established by the California Citizens Redistricting Commission in 2021, CA-01 occupied more than 26,000 square miles in the state’s northeastern corner. The district included a number of inland counties stretching from Modoc, tucked into the corner formed by the Oregon and Nevada state lines, to Colusa, in the Great Central Valley. The cluster of ten counties—hereinafter “old …

United States V. Alfonso: The Eleventh Circuit's Choice To Follow The Tide Of Other Circuits In Deciding What Constitutes The High Seas, Jaidin Winsor

Ocean and Coastal Law Journal

In United States v. Alfonso, three appellants challenged the constitutionality of the assertion of subject matter jurisdiction by the United States over a vessel involved in illicit drug smuggling activity within the Exclusive Economic Zone (EEZ) of the Dominican Republic. On appeal the United States Court of Appeals for the Eleventh Circuit rejected this challenge. The decision made by the Eleventh Circuit Court of Appeals followed the approach taken explicitly by the Fourth Circuit and indirectly by the First and Second Circuits. This decision affirmed the expansive reach of United States territorial jurisdiction and is likely to encourage other cCircuits …

Should I Stay Or Should I Go? The National Flood Insurance Program And Where We Go When The Next Storm Hits, Kevin Fitzpatrick

Ocean and Coastal Law Journal

In Spring, Texas, there is a house that has flooded twenty times due to heavy rain and flooding, resulting in National Flood Insurance Program (NFIP) payouts totaling over $912,000 to cover the repairs. This house’s current value is $42,000, so the payouts have dwarfed its value by over nineteen times. The story of this home is indicative of an ongoing crisis regarding the NFIP, but also a larger crisis of how we manage the risks of flooding in the United States. Flooding causes more damage in the United States than any other severe weather-related event, costing an average of $5 …

High Stakes On The High Seas: Sailing Through Mdlea Jursidictional Waters, Sean Kim

Ocean and Coastal Law Journal

This article argues that what makes the difference in success between these two regimes is how strictly the scientific advice underlying catch limits the advice is adhered to, and the influences allowed unto decisionmakers in the catch limit negotiation process. Whereas the United States uses the scientific advice about the MSY as a strict upper limit in determining annual catch limits, the EU does not. This allows stakeholders in the EU’s CFP governance, in particular fishing industry actors, to influence regulators to raise TACs above adequately precautionary levels in the name of “balancing” sustainable fishing with short-term economic interests. The …

"Tac-Ing" On Coherence: Achieving Sustainable Baltic Sea Fisheries Management By Hooking Precautionary Science And Greater Transparency In Eu Total Catch Negotiations, Patrick Seroogy

Ocean and Coastal Law Journal

This article argues that what makes the difference in success between these two regimes is how strictly the scientific advice underlying catch limits the advice is adhered to, and the influences allowed unto decisionmakers in the catch limit negotiation process. Whereas the United States uses the scientific advice about the MSY as a strict upper limit in determining annual catch limits, the EU does not. This allows stakeholders in the EU’s CFP governance, in particular fishing industry actors, to influence regulators to raise TACs above adequately precautionary levels in the name of “balancing” sustainable fishing with short-term economic interests. The …

Alaska's Hidden Gems: Advocating For The Protection Of Deep-Sea Corals, Both In The Courtroom And Beyond, Lauren Beizer

Ocean and Coastal Law Journal

Coral reefs are ecologically, financially, and aesthetically one of the world’s greatest resources. Off the coast of Alaska, many unique species of deep-sea cold-water corals exist and provide various public health benefits, contribute vital ecosystem functions to their surrounding environment, and serve as economic tourist attractions. Alaska’s corals reefs are exceedingly valuable to the earth due to their overall ecological value. However, these unique coral species significantly lack state and federal protections–which have recently been under consideration in several lawsuits at the federal level. American Oceans Campaign v. Daley and Oceana, Inc. v. National Marine Fisheries Service et al., are …

A Response To China'a "Legal Assessment Of U.S. Views On "Freedom Of Navigation", Raul Pete Pedrozo

Ocean and Coastal Law Journal

In August 2025, the China Institute for Marine Affairs (CIMA) conducted a legal assessment of U.S. views on freedom of navigation. CIMA concluded that U.S. views on freedom of navigation lack “a basis in international law,” “seriously distort[] the interpretation and development of international law,” and embody “distinct illegality, unreasonableness, and double standards.” Part 1 of the assessment provides an overview of U.S. views on freedom of navigation. Part 2 “analyzes the gaps between U.S. perceptions of navigational rights and related practices and the rules of international law.” Part 3 “analyzes the legality of U.S. restrictions on the rights of …

Rape And Sexual Assault On The High Seas: A Case Of Murky Jurisdiction, Linny Kit Tong Ng

Ocean and Coastal Law Journal

Rape and sexual assault on the high seas present a complex, dual-faceted challenge encompassing both legal and socio-cultural dimensions. The high seas are marked by jurisdictional ambiguity. International law assigns jurisdiction to the flag State of the vessel. However, many vessels are registered to States lacking adequate legal frameworks or the capacity to address such crimes effectively. While international law does allow for intervention by other States under certain principles of jurisdiction, the lack of legal clarity and political will often results in hesitation from non-flag States, except for the United States. This hesitance leaves victims without recourse. This Article …