Corporate Liability for Creditors’ Losses during the Covid-19 Pandemic

Many companies experienced bankruptcy lawsuits during the Covid-19 pandemic in 2020. This was so when the companies’ asset cannot afford their obligations upon their creditors, especially banks and other financial institutions. The creditors demanded compensation to avoid losses due to the companies’ failure in repaying their loans. The question is who should be held liable if the companies are of limited liability companies. This paper aims to examine the liability of corporation for creditors' losses. This normative legal research relies on secondary data in the form of legal materials, especially primary and secondary legal materials. The result shows that demanding compensation through bankruptcy lawsuit is not an easy task for the creditors. In fact, a separate lawsuit is required rather than incorporating it in a bankruptcy lawsuit. Even, it is not only a matter of civil case but also criminal case. Therefore, the companies may be subjected to both civil and criminal liability.

Iconic Fictional Object as Separately Copyrighted Work from the Original Work

Copyright is one of the IPR branches that protect the human’s intellectual work in the field of science, arts, and literature. The film is a creation that is protected by copyright. In a film, there are not only characters that are easy to remember but also specific properties uniquely used by the characters, especially the main character. This property is called an iconic fictional object. This normative juridical legal research will discuss one legal issue, whether an iconic fictional object can be separately protected from the original work. Based on the analysis in this study, an iconic-fictional object is not explicitly stated as work protected by copyright according to Article 40 of Copyright Law No. 28 of 2014. However, iconic fictional objects fulfil elements of a work entitled to copyright protection: The creative work in the fields of science, art, and literature; Created by the ability, skill or expertise of the creator; and Expressed in real form. Furthermore, The United States Court of Appeals for the Ninth Circuit on DC Comics vs Mark Towle Batmobile case had argued that iconic fictional objects could be separately protected from the original work as long as they meet three conditions: (1) Physical as well as conceptual qualities, (2) Sufficiently delineated, and (3) Especially distinctive and contain some unique elements of expression.

ASEAN Non-Intervention Principles: An Alternative Settlement towards Human Rights Violation in Rohingya

The frame of international news is colored with a series of systemic and consistent human rights violation experienced by the Rohingya ethnic group in Burma. Toward this case, it is unlikely for Burma to be willing and to be able to resolve this case internally. Hence, as a regional security and stability guard in the Southeast Asia region, ASEAN should take part in settling human rights violations that occur in its member states. However, every settlement attempted by ASEAN is constantly distracted with Non-Intervention Principles. This research aims to examine the alternative ideas for Non-Intervention Principles of ASEAN as a settlement towards human rights violation on Rohingya ethnic. This research used normative research, based on the secondary data was employed as the research method. The obtained data were analyzed by using qualitative analysis. The research found that the Non-Intervention principle has been applied in ASEAN in the most rigid form. Meanwhile, Humanitarian Assistance and Humanitarian Intervention mechanism is an alternative settlement towards human rights violations on the Rohingya ethnic group in Myanmar

Omnibus Law on Job Creation: State Capture?

The study aims to analyze whether there is a state capture in making the Job Creation Law. Since the Job Creation Law was raised, many parties have criticized the existence of the Law because in the making of the Job Creation Law it is believed that it is more beneficial to employers, giving rise to an indication of state capture in its making. The research method used is a form of normative research with a statutory approach. The result shows that there is a state capture carried out by the authorities and employers in the making of the Job Creation Law. About 262 or 45.5 percent of the 575 House of Representatives members are affiliated with the company and therefore the regulations to be made more favorable for employers or investors while the welfare of workers is at stake. The rushed legislative process causes the values and aspirations of the people to be unable to be proportionally aggregated and accommodated, and this is certainly contrary to the principle of participation and the principle of openness as stipulated in the provisions of laws and regulations.

Implications of Legal Loophole concerning Liability over Delay in Restitution Payment by Criminal Offender

Crime is harmful to society, especially to the victims. Legal protection should be taken into account to help the victims recover from the loss suffered. The protection can be made through the payment of restitution by either the offender or the third party. Such an issue has been addressed in the existing law, especially the Witness and Victim Protection Act 2014 (Amendment) and the Government Regulation No. 7 of 2018 concerning Compensation, Restitution, and Aid for Witness and Victim. Unfortunately, they do not impose any sanction over the delay in restitution payment by the third party or the offender. This paper aims at discussing the implication of this legal loophole. This normative legal research employs a statutory approach. It is found that the legal loophole has exposed the victims to secondary victimization due to uncertainty and injustice.

Problematics of Determining Interest in Peer-to-peer Lending in Indonesia

Peer-to-peer lending is considered as the solution for people who require loans with easy terms. However, peer-to-peer lending in Indonesia causes some new problem related to the essential nature of it. Authorization of Indonesian Joint Funding Fintech (AFPI) determines peer-to-peer lending interest-debt possible to violate competition law in Indonesia. The paper aims to describe and analyze the authorization of Indonesian Joint Funding Fintech, which has a big chance to harm competition law in Indonesia. The author uses normative legal research methods and secondary data sources to examine the topic in this study. The result shows that the arrangement of interest-debt in peer-to-peer lending potentially creates a cartel and violates the basic principles of competition law in Indonesia.

Interpreting Fiscal Risk for Lack of Bank Indonesia’s Capital

The research is focused on determining the government's obligation to meet the shortage of capital of Bank Indonesia (BI), as the central bank, in the National State Budget (APBN). The research analyzes the basis of the government's obligation to meet BI's lack of capital and a mechanism for fulfilling the government's obligations to cover BI deficiencies in line with the objectives of the APBN. This study uses a normative legal research method with a statute, interdisciplinary, and analytical approach. The result shows that the government's obligation to suffice BI's capital is intended to maintain BI's sustainability so that BI can continue to carry out its responsibilities and obligations to maintain monetary stability. Monetary stability has implications for economic stability and increases in people's welfare. In addition, the fulfilment of government obligations is contingent, limited and final. This obligation will only be born if BI is no longer able to overcome the lack of capital. The cause of the lack of capital is beyond BI's control, as evidenced by the results of an examination by the Supreme Audit Agency and requires the approval of the House of Representatives.

Emergency Powers and Covid-19 in Thailand: Carl Schmitt’s Constitutional Emergency Model Reconsidered

Carl Schmitt was an anti-liberal conservative jurist during the Weimar Republic in Germany whose position on emergency powers sponsors a hardline form of ‘realism’. To restore peace and order qua the homogeneity of the people in times of crises, he sponsors the role of the sovereign in deciding on an extreme emergency even by transgressing the wordings of a written constitution. However, this article seeks to use the case of the Thai government’s response to Covid-19 through the invocation of emergency powers to expose deficiencies pertaining to the Schmittian model. Rather than calling for the politics of exclusion, the present outbreak of Covid-19 in Thailand reiterates the essence of legality and communitarian and social solidarity.

The Payment of Inheritance Acquisition Duty of Right on Land and Building in Sleman

This research is aimed at revealing the collection practice of inheritance Acquisition Duty of Right on Land and Building (BPHTB) of Marital Properties in the form of land rights at Regional Finance and Assets Office (BKAD) Sleman and analyzing the practice based on the inheritance and land law. This research is empirical legal research. The data collected in this research are analyzed using a qualitative method and presented descriptively in order to obtain descriptive qualitative results. The result shows that there has been an overpayment of tax that should not be billed in the collection of BPHTB inheritance in the form of land as the marital property at BKAD Sleman since the living widow’s or widower’s right is counted. Land titles as joint assets, if registered only in the name of the heir without registering the spouse's name, the BKAD Sleman does not take into account the spouse’s right to the land titles. This calculation happens because a land certificate as the marital property is registered only under the name of a husband or a wife alone, and BKAD Sleman interprets this condition as that the owner of the certificate is the one whose name is registered on it.