Awang Long Law Review

RISK MITIGATION OF NEGATIVE PLEDGE COLLATERAL FOR SYNDICATED LOAN IN OIL AND GAS COMPANY

2025-05-07T20:32:12+07:00

Lending by banks carries the risk of default, which may affect the bank’s financial stability. To reduce this risk, banks apply prudential principles in syndicated loans, including the Negative Pledge mechanism, which prohibits debtors from encumbering their assets to other parties without creditor approval. However, as a state-owned company, PT P has limitations in using its assets as collateral, so using a Negative Pledge is an alternative solution. The challenge is that this clause has no specific regulation in Indonesia, which can weaken the creditor’s position in the credit agreement. This research aims to analyze the application of Negative Pledges in syndicated loans in the oil and gas sector and identify risk mitigation strategies for creditors in Indonesian law. The research method used is descriptive with a normative approach based on analysis of positive law, jurisprudence, and legal doctrine. The findings reveal that although the Negative Pledge clause provides significant protection to creditors, its implementation in Indonesia faces challenges due to the absence of specific regulations governing the clause in detail. Additional clauses such as Disposal Restrictions are recommended to mitigate risks, along with enhanced oversight through more stringent agreement mechanisms. This study offers practical contributions to banks in managing syndicated loan risks and provides new insights into the development of banking legal policies related to the Negative Pledge in Indonesia.

LEGAL CONSEQUENCES OF THE REVOCATION OF LAND AND HOUSE GRANTS BY A MOTHER TO HER BIOLOGICAL CHILD UNDER THE COMPILATION OF ISLAMIC LAW

2025-05-07T20:32:53+07:00

This study analyzed the case of grants in decision number 4301 / Pdt.G/2023 / Pa.Jr, which involves a mother who donates all of her property in the form of land and a house to one child without the consent of the other children. A grant is a voluntary transfer of property from one person to another without coercion and generally irrevocable. In this context, however, the grant is canceled because there is no consent from the other heirs who should have the same rights to the property.Revocation of a grant refers to the act of canceling the status of a grant that has previously been granted, which in this case occurs due to a violation of the procedure established in the law. Under Articles 210 and 212 of the compilation of Islamic law, grants made without the consent of all heirs are considered invalid. As a result, the deed of Grant registered in the name of the donee is considered null and void, so the grant is considered an inheritance that must be divided equally among all legal heirs, in accordance with Article 213 of the compilation of Islamic law.This study emphasizes the importance of complying with legal procedures in grants to prevent disputes. The cancellation of this grant also shows the relevance of the need for the consent of all heirs in the grant process so that it does not contradict the provisions of the applicable law.

USTADZ AS MARRIAGE GUARDIAN FOR A MUSLIM CONVERT BRIDE

2025-05-07T20:32:30+07:00

One of the legal requirements for marriage in Islam is the presence of a guardian for the bride, including for a bride who is a convert. One of the conditions for someone to act as a guardian in a Muslim marriage is that they must be a Muslim. If the bride’s guardian by liniage does not meet the requirements to be a marriage guardian due to being a non-Muslim, the authority to officiate the marriage is transferred to the Authoritative guardian. This research is a normative legal study using a statutory approach, examining the role of an ustadz as the Authoritative guardian for a converted bride. The results of the research show that the appointment of Ustadz Yahya M.Y. as the Authoritative guardian for Mahalini did not comply with the procedures and regulations in force in Indonesia. The person who should have acted as the Authoritative guardian in the marriage of Mahalini and Rizky is the Head of the District Religious Affairs Office, who is appointed by the Minister of Religious Affairs to act as the guardian for a bride who has no lawful guardian or whose guardian does not meet the legal requirements. An invalid guardian causes marriage to be invalid as well. However, regarding the status of the child conceived by Mahalini at the time of the remarriage, based on Article 42 of the Marriage Law in conjunction with Article 99 point (a) of the Compilation of Islamic Law, the child is considered legitimate, as a child born from a valid marriage is recognized as a legitimate child and entitled to legal rights under the law.

JURIDICAL REVIEW OF COPYRIGHT INFRINGEMENT IN BOOK CIRCULATION THROUGH E-COMMERCE PLATFORMS

2025-05-09T20:42:17+07:00

People often copy and duplicate literature since it has gotten ingrained in their minds and they don't consider the inadequacies of others. Individual copyright protection is almost nonexistent in Indonesia. Traditionally, everything created by the community is referred to as common property. The requirement for legal protection becomes apparent after the work's economic worth is established. The traditional perspective is that copyright's benefits outweigh its costs. The method used in this study relies on library resources, namely those that provide new or current scientific information or fresh perspectives on established facts or concepts. In this instance, these resources include books, journals, dissertations, theses, and other legal papers. Both primary and secondary legal sources are thoroughly used in this normative legal study. In Indonesia, copyright violations on e-commerce sites are still seen as ineffectual. Practice on the ground demonstrates that numerous copyright infringements, such as the selling of pirated books, are nevertheless widespread even though the UUHC provide a legal foundation for combating infringement. This is caused by a number of things, such as a lack of government control and e-commerce platforms' incapacity to efficiently monitor and eliminate material that violates copyright. The prior legislation was improved upon with the enactment of the UUHC (Copyright Act) of 2014. Better protection for artists and their works is undoubtedly the goal of this change. The need for more protection and legal clarity for authors, copyright holders, and owners of associated rights is heightened by the rapid advancements in science, technology, literature, and the arts. Indonesia is encouraged to further implement copyright and associated rights in its domestic legal system by its involvement in several international treaties, which enables its authors to compete globally. This is also part of the history of how UUHC 2014 came to be, superseding Act No. 19 of 2002 on Copyright.