LENIENCY IN CRIMINAL SENTENCE FOR JUSTICE COLLABORATORS WHO SUPPORTS LAW ENFORCEMENT AUTHORITIES BY UNCOVERING CRIMINAL CASES
I. INTRODUCTION The key to a successful criminal law enforcement depends on the evidence that has been found and revealed. Article 184 paragraph (1) Law No. 8 of 1981 on Criminal Procedural Law (“KUHAP”) regulates list of forms of evidence applicable on a criminal proceeding, and the first form of evidence listed is the testimony […]
PROTECTION OF OPEN-SOURCE SOFTWARE FROM A COPYRIGHT PERSPECTIVE IN INDONESIA
How is open source regulated in the copyright law in Indonesia? Despite its nature, which allows public access and use, under Article 40 paragraph (1) item(s) of the Copyright Law (UU Hak Cipta), open-source software is classified as a creation in the form of a computer program and thus remains protected under the Copyright Law. For further explanation, […]
Reformation of Indonesian Criminal Law: A Comparison of the Current Criminal Code (KUHP) and the New National Criminal Code (KUHP Nasional)
The current Criminal Code (KUHP), also known as the Wetboek van Strafrecht (WvS), is a legacy from the colonial era under Dutch rule. In order to realize criminal law of the Republic of Indonesia that is based on Pancasila and the 1945 Constitution of the Republic of Indonesia as well as the general principles of […]
Fixed-Term Employment Agreement Standards Following Constitutional Court Decision No. 168/PUU-XXI/2023
The employment sector is an integral part of national development as explained in the 2005-2025 Long-Term Development Plan written in Chapter IV of the Attachment to Law Number 17 of 2007 concerning the 2005-2025 National Long-Term Development Plan which stated that the vision of national development for 2005-2025 is to realize an independent, advanced, just, […]
Legal Relationship Between Application Companies and Online Transport Drivers: A Legal Review of the Differentiation Characteristics of Employment Relationships and Partnership Relationships
A. INTRODUCTION In this era of disruption, everything is changing rapidly, including in the field of labour. In its development, a job is not only in the form of a working relationship but develops with new relationship patterns such as partnership relationship that are widely applied by application companies to online transportation drivers. Basically, the […]
Government Regulation Number 35 of 2024 Officially Replaces Government Regulation Number 42 of 2007: Enhancing Business Fairness Through New Franchising Rules in Indonesia
The Government of the Republic of Indonesia has officially issued Government Regulation Number 35 of 2024 concerning Franchising (“GR 35/2024”), which has come into effect on September 2, 2024. This regulation officially revokes and declares Government Regulation Number 42 of 2007 concerning Franchising (“GR 42/2007”) as no longer applicable. GR 35/2024 was issued to achieve […]
Resale Price Maintenance (RPM): is it Allowed or Prohibited Under Business Competition Law?
Resale Price Maintenance (RPM) refers to the business practice where upstream entities, such as manufacturers, producers, or suppliers, control the price at which their products are resold. This practice involves an agreement between two or more business actors operating at different levels of the production or distribution chain.1 This practice has significant implications within the […]
Legal Consequences For Companieson Software Copyright Infringement By Employees
A. Introduction Software can be defined as a collection of instructions (computer programs) that, when executed, provide various desired features, functions, and performance (Pressman, 2012). Software is generally used to control hardware, perform calculations, interact with other basic software (such as operating systems and programming languages), and more (Rusydi, 2022). Software is part of Intellectual […]
Restitution Rights: Legal Protection for Victims of Human Trafficking Crimes
A. Introduction Human Trafficking is a form of crime that is currently rampant in Indonesia. It is necessary to reflect together on the modus operandi of Human Trafficking, which targets low-income, less educated communities, and those from low social backgrounds by promising large incomes to the victims. The Indonesian National Police recorded that in 2023, […]
Cartel Activities in Indonesia: The Role of Indirect Evidence in Proving Illegal Cartel Activities
A. Introduction Laws regulating business competition are needed to ensure that freedom of competition in the economy can take place without hindrance and on the other hand also functions as signs to guard against unhealthy economic practices. Those became background to the creation of Law Number 5 of 1999 concerning the Prohibition of Monopolistic Practices […]