Awang Long Law Review

RATIFYING THE CISG: ESTABLISHING DEFAULT RULES AS LEGAL CERTAINTY FOR INTERNATIONAL SALES CONTRACT

Edwin Chandra — 2024-11-30

International sales contracts are agreement that govern the cross-border sales of goods. Given the complexities inherent in such transactions, the United Nations on Contract for the International Sales of Goods (CISG) serves as a preventive measure to reduce misinterpretation and legal dispute between the contracting parties. However, the CISG’s applicability as a default rule remains limited due to not being ratified by certain states. The objective of this research is to analyze how the CISG act as a default rule to fulfill the legal certainty of contracting, and analyze the foreseeing challenges of ratifying the CISG in Indonesia. The research type is normative with statutory approach. The concept of default rules offers a convenient legal framework for the international sales contract that is in the absence of law. This theoretical framework was then adopted by the CISG, which instigates the phenomenon of the sticky default rules, reduce transaction cost with a complete set of interpretation and gap-filling mechanism, and ensure the legal certainty of the contracting parties. However, the ratification of the CISG may face several challenges such as the compability of the domestic law, potential conflicts of domestic interest, and high cost of legislating. Despite these challenges, ratifying the CISG in Indonesia remains feasible and beneficial for the development of international contract law.

CHALLENGES OF CRIMINAL INVESTIGATION CYBER CRIME

Wandi Hartono — 2024-11-30

The investigation process still has many cases of cybercrime that are stalled due to the limited equipment owned by the Police, for example if there is a complaint or report from the public regarding the occurrence of cybercrime, the reporter reports the incident to the local Police, which usually does not have special equipment to examine complaints or reports from the public, so the Police must coordinate with the Resort Police, which if its equipment is still inadequate, must transfer the complaint or report to the Regional Police level which certainly has adequate equipment to handle cybercrime cases, this is an obstacle in the investigation in the internal sector. While for external factors themselves, there are various obstacles faced by investigators.The research that the author will conduct is normative, namely research that is based on applicable legal principles.. The conclusion isAfter understanding the regulation of investigation of cybercrime cases regulated in the Law on Information and Electronic Transactions, it can be concluded that the investigation process is carried out by a team of investigators from the Republic of Indonesia National Police who can be assisted by people who are experts in certain fields related to the case that is under investigation if needed in solving a case by maintaining privacy, data authenticity, and not disrupting public services or public facilities. Searches and/or seizures of electronic systems related to suspected criminal acts must be carried out with the permission of the local District Court.

RESTORATIVE JUSTICE FOR CHILDREN OF CYBER-PORN

Patricia Sina Iwi — 2024-12-02

This study aims at finding out and analyzing the implementation of Restorative Justice for children of Cyber-porn offenders in the Sikka Regency Resort Police as well as to find out the obstacles and efforts in the implementation of Restorative Justice for children of Cyber-porn offenders. The type of this research is a type of empirical legal research that is descriptive and analytical. The type of data used in this study is peripheral data obtained through interviews with members of the Police Resort in Sikka district while secondary data uses primary legal materials, namely: Police regulation Number 8 of 2021 concerning the Handling of Criminal Acts Based on Restorative Justice, Law Number 11 of 2008 concerning Information and Electronic Transactions, Law Number 44 of 2008 concerning Pornography, Law Number 23 of 2002 concerning Child Protection and Law Number 11 of 012 concerning the Juvenile Justice System and for secondary legal materials and tertiary legal materials to support primary legal materials. Data collection is carried out by means of interviews and literature/documents. The technique used in this study uses qualitative analysis techniques. Cyber-porn crimes involving children, both perpetrators and victims in the community of Sikka Regency are still considered a disgrace so there are still many who do not want to report it to the police. In addition, investigators in implementing Restorative Justice are guided by Regulation of the Republic of Indonesia National Police Number 8 of 2021 concerning the Handling of Crimes Based on Restorative Justice, but in fact there are still many investigators who do not understand and master the application of Restorative Justice. Obstacles and efforts in the implementation of Restorative Justice for children of Cyber-porn offenders, especially in the community and Sikka Regency Resort Police officers.

LEGAL ANALYSIS OF THE LEASE AGREEMENT FOR ELECTRIC POWER PLANTS

Fraistifina — 2024-12-04

Leasing consists of two types, namely finance lease with an option right and operating lease without an option right. A finance lease refers to an action by a financing company in carrying out financing activities by providing capital goods to the debtor, which will subsequently be utilized by the debtor for a specific period as agreed upon in the contract. Meanwhile, an operating lease is a type of lease that does not result in a substantial transfer of economic benefits or risks associated with the leased asset to the lessee. Generally, leasing in the electricity sector adopts the finance lease scheme due to the minimal risks posed to both parties. The issue the author seeks to examine pertains to the implementation, regulation, and accountability of leasing activities in the electricity sector. The type of research employed is normative legal research. The term 'juridical' refers to an approach based on applicable laws and regulations, while 'normative' refers to an approach conducted through primary legal materials. Normative juridical research utilizes primary legal sources as well as legal literature. Any party intending to lease electrical power must submit an application to PT PLN (Persero) in accordance with the provisions of the Decree of the Minister of Finance Number 1169/KMK.01/1991 concerning Leasing Activities. A juridical analysis of lease agreements for power plants is essential. This analysis seeks to identify potential legal issues that may arise and provide recommendations for improvements and enhancements in the execution of such lease agreements, thereby supporting the development of a sustainable and efficient electricity sector in Indonesia.

THE APPLICATIONS OF DECLARATION DECISIONS ON CIVIL PROCEDURE LAW IN INDONESIA

Emi Zulaika — 2024-12-04

Declaratory judgment is one of the decisions that can be given by the court to confirm a pre-existing legal right or situation, and not to provide new recognition or ratification. Declaratory decisions do not require execution because the decision explains the existing situation or the actual situation. The Civil Procedure Law has not fully addressed the problems related to execution that have become complaints from the public, especially regarding the governance and execution procedures that can produce an effective and efficient process. Some of the problems that will be analyzed are whether a declaration decision can be requested for execution and find out the time limit for requesting execution of the declaration decision. Furthermore, the study will explore the broader implications of these legal gaps, such as how they contribute to delays in the resolution of disputes and the challenges faced by parties seeking justice. This lack of clear regulation significantly hinders the smooth enforcement of the judicial process and contributes to unresolved legal disputes. Juridical-normative research results in finding a legal vacuum in the regulation of execution of civil procedural law in Indonesia. In this case, it’s the declaration decision that does not need to be requested for execution, if you want to execute it, you need to file a new lawsuit. However, it should be noted that there is no provision that regulates the period of time when the decision must be executed by the losing party or the time limit for the execution of the execution decision.

LEGAL PROTECTION OF CAPITAL MARKET INVESTORS IN THE EVENT OF A SUSPENSION OF STOCK TRADING ON THE INDONESIAN STOCK EXCHANGE BASED ON INDONESIAN LAW

Rafi Andriawan Zakiar — 2024-12-04

Stock investment in the capital market is a high-risk high return investment. One of the risks faced by capital market investors is the stock trading suspension sanction imposed by the IDX as experienced by capital market investors in PT HK Metals Utama (HKMU) stocks. This suspension sanction is detrimental to investors due to the suspension of HKMU stock trading. Investors should be more careful to carry out risk management by cutting losses when they see a notation that HKMU shares will be suspended. This research aims to analyze the legal consequences and legal position of investors in the event of a suspension of stock trading and to analyze the legal actions or steps that can be taken by investors to sell their shares through off-exchange transactions.This research uses a research method with a normative juridical approach that is referred to the laws and regulations in the field of capital markets and applicable legal theories. The specification of this research is descriptive analytical. The data collection techniques used by researchers in this research are in the form of literature studies by searching for data as complete as possible from secondary data derived from primary and secondary legal materials that are relevant to related cases, then analyzed qualitatively. Based on the research results, the following can be obtained. First, the legal consequences experienced by investors are that investors cannot conduct buying and selling transactions of HKMU shares on the stock exchange as stated in Article I.5. IDX Regulation regarding Securities Suspension and investors have legal standing guaranteed by Articles 28-30 of the OJK Law and legal standing to conduct transactions outside the stock exchange as stipulated in Article 6 paragraph (3) POJK regarding Securities Transactions. Second, legal actions that can be taken by investors are selling their stocks through off-exchange transactions, submitting claims to OJK to make written orders by conducting disgrogement funds, and as a last resort can file a claim or lawsuit for compensation to the emiten.

LEGAL REVIEW OF THE SUPERVISION OF THE 2024 GENERAL ELECTION CAMPAIGN THROUGH SOCIAL MEDIA

Rudyanti Dorotea Tobing — 2024-12-10

One of the campaign methods in the 2024 election is campaigning through social media. In order for the implementation of the Election Campaign to run well and in accordance with the applicable laws and regulations, it is necessary to conduct supervision. Bawaslu is tasked with supervising the implementation of election campaigns, including monitoring campaigns on social media. The purpose of this research is first to describe the 2024 General Election Campaign through social media; second, to describe the Supervision of the 2024 General Election Campaign through social media. The method of normative legal research (legalresearch) using legal materials as the main source. The results of the study show that first, The presence of social media as a tool for disseminating information aimed at the public or voters in elections is considered an effective and important step, especially in shaping opinions and setting political agendas. In Central Kalimantan Province, there are four Social Media platforms registered and used by 2024 Election participants, including Instagram, Facebook, Tiktok, and Youtube. In Central Kalimantan Province there are 86 social media platforms for political parties and legislative candidate members. Second, Bawaslu of Central Kalimantan Province has formed a team to monitor the campaign via social media accounts during the 2024 Election stages. The large number of accounts on social media is an obstacle for Bawaslu to supervise campaigns on social media. Campaigns on social media are certainly in separable from the possibility of campaign violations on social media, including hoaxs or hate speech. The Election Law has not specifically regulated the limitations/prohibitions related to campaign violations on social media.

CUSTOMARY LEGAL PROTECTION FOR THE CANCELLATION OF NGADET CEREMONY FOR DAYAK KENYAH COUPLE

Yuniarsih — 2024-11-30

This study explores the Ngadet ceremony, a traditional wedding practice of the Dayak Kenyah community in East Kalimantan, Indonesia, symbolizing the union of two families through sacred customary rituals. Governed by strict customary laws, Ngadet incorporates symbolic elements such as tajau (jars), baing (traditional beads), lekok (traditional rings), uleng udeng (headgear), gongs, iron chains, seraung (traditional hats), and pat uwai (woven mats), each carrying deep cultural significance. The study adopts a socio-legal approach, focusing on the social and legal dimensions of Ngadet, including its stages, requirements, and the legal protections afforded to parties affected by its cancellation. Primary data were obtained through a direct interview conducted via WhatsApp with Mr. Yakub Ngau, the Customary Head of the Dayak Kenyah community in Makmur Jaya Village as a key informant. He provided accurate and detailed insights into the Ngadet tradition and the sanctions imposed in cases of cancellations. The findings reveal the Ngadet ceremony of the Dayak Kenyah Lepo’ Jalan tribe comprises three stages: pre-Ngadet (Mateb), involving preparations and offerings, the ceremony with symbolic rituals like processions, dances, and sacred items, and post-Ngadet, where the couple prepares for a church wedding to validate the marriage. Customary law imposes strict sanctions, including a Rp5,000,000 fine for cancellations, protecting women and reinforcing commitment through discussions, notifications, and mediation. In conclusion, the Ngadet ceremony, embodies unity, cultural heritage, and ancestral values. Governed by strict customary laws, it reinforces commitment and protects individuals through sanctions, ensuring the preservation of tradition.

CORRUPTION OFFENSES MANAGING DIRECTOR IN MAKING BUSINESS DECISIONS

Benedictus Satrio Habonaran — 2024-12-19

Business decisions taken by the Board of Directors are solely an obligation for the Board of Directors so that SOE can grow sustainably, stably, and have high competitiveness, but an unavoidable reality is that a business entity does not only experience profits, but is also faced with phases of loss. Business decisions that have been made with full calculation and prudence are still not free from business risks that can result in the SOEs they manage experiencing losses, so that they are categorized as detrimental to state finances and lead to criminal justice processes. This study aims to (1) analyse losses in SOEs that can be qualified as state financial losses and (2) analyse what business decisions made by the President Director of SOEs are categorized as fulfilling the elements of corruption in criminal cases in the Central Jakarta District Court Decision Number 15/Pid.Sus-TKP/2019/PN.Jkt.Pst. This research uses normative juridical research methods using statute approach, conceptual approach, and case approach. The results showed that separated state assets are state assets originating from the state budget to be used as state equity participation in SOEs. State assets that become capital in the form of shares are no longer state assets. State assets in SOEs are limited to the ownership of the company's shares, so that if there is a loss in the SOE Persero, this is not a state loss, but a loss of the SOE. The business decisions made by the President Director of the SOE are categorized as fulfilling the elements of corruption due to a series of actions by Karen that do not entirely reflect the principle of prudence in making decisions, nor do they fully fulfil the elements of Article 97 paragraph (5) of the Limited Liability Company Law.

LEGAL PROTECTION OF MARRIAGE AGREEMENTS FOR HUSBAND AND WIFE

Sri Iin Hartini — 2024-12-19

A marriage agreement is made with the aim of providing legal protection for parties with good intentions from other parties with bad intentions. In addition to separating assets brought before marriage, marriage agreements made before and after marriage are basically aimed at separating assets brought and joint assets due to legal consequences that occur to their marital assets. A marriage agreement made before marriage aims to prevent problems arising regarding assets brought and joint assets so that a marriage agreement is needed as a legal basis for separating them. Meanwhile, a marriage agreement made after marriage is made with the aim of regulating the legal consequences that arise to their assets.