Forthcoming Articles

LENTERA HUKUM Vol. 8 Issue 1 (April 2021) - Forthcoming Issue

These articles have been peer-reviewed and accepted for publication in LENTERA HUKUM, but are pending final changes, are not yet published, and may not appear here in their final order of publication until they are assigned to issues. Additionally, titles, authors, abstracts, and keywords may change before publication.

 

Minimum Authorized Capital After the Enactment of Job Creation Law:  Status Quo, Controversies, and Road Ahead

Kania Jennifer Wiryadi, University of Indonesia, Indonesia
Bayu Novendra, University of Indonesia, Indonesia
corresponding authors' email: kaniawiryadi@gmail.com

ABSTRACT
In a limited liability company, capital is one of the main elements, even the most important. However, the regulation regarding capital in Indonesia has changed several times, especially the newest amendment in Job Creation Law. This paper will discuss the following problems: What is the status quo and the development of regulations regarding minimum capital requirements in Indonesia? What are the pros and cons of minimum capital requirement regulations and their developments in other countries? What is the minimum capital requirements regulation that suits the conditions in Indonesia? The research method used in this paper is normative juridical legal research. This paper emphasizes the use of literature study, then the data taken is analyzed using the deductive method to construct conclusions. In Indonesia, each limited liability company regulatory regime, the 1995 Limited Company Law, the 2007 Limited Company Law, and the Job Creation Law, have different minimum capital requirements provisions until its last amendment which finally abolished this provision. The main purpose of the minimum capital requirement is to protect creditors. However, based on the practices and theories development, it was found the provision is not effective in achieving its main purpose. There are many other alternatives to protect creditors more effectively, such as encouraging transparency in corporate transactions and offering easy access to corporate information. The dominance of micro and small business units in Indonesia (99% of business units) explains the urgency of eliminating minimum capital requirements regulations. The elimination of minimum authorized capital requirements is a great effort to strengthen micro and small enterprises as the economy's engine.

KEYWORDS: limited liability company, job creation law, company law.

 

Death Penalty in Indonesia: Utopia or Reality?

Abdul Jalil Salam, UIN Ar-Raniry, Indonesia
Zahlul Pasha Karim, UIN Ar-Raniry, Indonesia
corresponding authors' email: abduljalilsalam@ar-raniry.ac.id

ABSTRACT
The existence and implementation of the death penalty in Indonesia did not originate from religious doctrine, but rather from a series of legal democratization processes agreed upon by legislators. There are two dissenting opinions in response to the existence and the implementation of the death penalty in Indonesia, supporting (retentionist) and refusing (abolitionist). The research aims to contribute answers to the question: why does the death penalty remain and still implementing in Indonesia amid disputes over the two dissenting opinions. The ultimate goal of this research is to partially support, equip, and revise the existing opinions. To produce an answer for the aforementioned question, the researcher gathered data through documentation studies from regulations, books, articles, and other relevant documents. The data were analyzed in three stages, namely unitization, comparison, and conclusion. The result concluded that the existing death penalty is highly possible to be maintained in Indonesian statutes although it requires a long struggle to face the refusal attempts from various interests.

KEYWORDS: Death Penalty, Indonesian Criminal Law, Human Rights.

 

The Legal Politics on The Protection of Indonesian Migrant Workers from the Perspective of Fiqh Siyāsah Dusturiyah

Dani Amran Hakim, Universitas Islam Negeri Raden Intan Lampung, Indonesia
Habib Ismail, Institut Agama Islam Ma’arif NU (IAIMNU) Metro Lampung, Indonesia
Muhammad Lutfi Hakim, Institut Agama Islam Negeri Pontianak, Indonesia
corresponding authors' email: habibismail65@gmail.com

ABSTRACT
The position of migrant workers is always seen as a weak party, even in certain countries the status is similar to slaves. In Indonesia, the state has the duty to protect all its citizens, including those abroad who have the status of migrant workers. Law Number 18 of 2017 concerning the Protection of Indonesian Migrant Workers was born as a concrete form of the state’s interest to protect its citizens who have the status of migrant workers. Unfortunately, the mandate of this Law has not been effectively realized. There are several cases of Indonesian migrant workers who are not legally protected by the Government for the legal problems they face abroad. The obligation of the government or leaders in protecting all its citizens has received great attention in fiqh siyāsah dusturiyah. This article looks at how the legal politics of protection for Indonesian migrant workers from fiqh siyāsah dusturiyah. To discuss this, the author used the literature review method with a juridical-normative approach. Article 3 of Law Number 18 of 2017 stated clearly that the State guarantees the fulfillment and enforcement of human rights of workers migrants and guarantees legal, economic, and social protection for themselves and their families. State protection for its citizens who work abroad in conditions before, during, and after working. This regulation was born after the enactment of Law Number 39 of 2004 concerning the Placement and Protection of Indonesian Workers Abroad and the results of the 2012 ratification of the Government of the Migrant Workers Convention 1990. The purpose was to protect PMI’s rights as citizens protected by the state and constitution. Judging from the fiqh siyāsah dusturiyah, this paper concluded that the Indonesian Migrant Workers Protection Law is in accordance with the four principles of labor in Islam, it was human independence, the principle of human dignity, the principle of justice, and the principle of clarity of contracts (agreements) and wage transactions.

KEYWORDS: protection, Indonesian migrant workers, siyāsah dusturiyah.

 

Privacy and Data Protection for Application Developers Based on Open-Source by Using The Copyleft License

Citi Rahmati Serfiyani, Airlangga University, Indonesia
corresponding authors' email: serfiyaniciti@gmail.com

ABSTRACT
The exclusivity of copyright gives protection for the creator toward irresponsible actions against his creation. On the other hand, copyright protection for digital products in an open-source system that cannot meet the public's need for freedom of knowledge transfer and other social interests has led to the emergence of copyleft as the antithesis of copyright. Open source licenses can consist of 2 (two) categories. First, non-copyleft licenses in the form of permissive licenses are included in the software under it and are subject to copyright. Second, the copyleft license, which requires licensees to modify and distribute copyleft products. The development of copyleft products and licenses that usually take place online can lead to violations of the creator's data as an application developer. Copyleft licenses in open source serve as an effort to impose limits on works to protect the creators' moral rights. In information technology, personal data protection is one part of personal rights (privacy rights). The agreement of the parties and developing the work occurs online so that it is prone to theft of personal data related to user profiles to the confidentiality of creators and contributors. This open-source license adopts a form of a standard contract. Efforts concerning personal data protection in copyleft products through open-source sites are using a preventive and repressive way. This research discusses (1) how is the copyleft concept is the antithesis of digital creation from a copyright perspective? And (2) how is the legal protection for personal data of open-source application developers? This study recommends a copyleft-based legal protection mechanism and personal creator data by considering the comparative aspects of the characteristics between the copyleft and copyright concepts to respect moral rights.

KEYWORDS: Personal Data Protection, Copyleft, Open-Source.