The Easta Journal Law and Human Rights

Civil Law Analysis of the Misuse of Legal Entities for Personal Interests (Piercing the Corporate Veil) in Indonesia

2025-02-27T06:36:49+00:00

This paper explores the concept of "piercing the corporate veil" within the context of Indonesian corporate law, focusing on the misuse of legal entities for personal interests. In Indonesia, the separation of a corporation's legal identity from its shareholders and directors typically shields them from personal liability. However, in cases of fraud, misconduct, or abuse, the legal doctrine of piercing the corporate veil allows courts to disregard the corporate entity and hold individuals personally accountable. Through a normative juridical analysis, this study examines relevant legal statutes, judicial decisions, and case law to assess the application of this principle in Indonesia. The paper identifies key factors influencing the decision to pierce the corporate veil, such as fraud, misrepresentation, and evasion of obligations. It also compares Indonesia's approach with international practices, highlighting areas for improvement. The findings indicate that while the concept of piercing the corporate veil is applied in Indonesia under exceptional circumstances, its inconsistent application and lack of a comprehensive legal framework pose challenges to corporate governance and accountability. The study concludes with recommendations for legal reform and enhanced enforcement mechanisms to better address corporate abuse and protect public and stakeholder interests.

Evaluating the Effectiveness of Sanctions in Indonesia's Illegal Logging Law: A Normative Juridical Approach to Strengthening Environmental Protection

2025-02-25T08:36:10+00:00

This study evaluates the effectiveness of sanctions within Indonesia's legal framework for addressing illegal logging, focusing on the implementation of Law No. 18 of 2013 on Prevention and Eradication of Forest Destruction. Using a normative juridical approach, the research examines the current legal sanctions, their enforcement, and their impact on forest conservation efforts. Findings indicate that while the legal provisions establish substantial penalties, the application of sanctions suffers from inconsistency, corruption, weak enforcement mechanisms, and inadequate institutional capacity. Comparative analysis with international best practices reveals potential improvements, such as the use of satellite monitoring, stronger corporate accountability, and community-based forest management. The study proposes a series of policy recommendations, including the enhancement of penalties, the integration of advanced monitoring technologies, and the promotion of restorative justice practices. By addressing these gaps, Indonesia can strengthen its efforts to combat illegal logging and ensure more effective environmental protection.

Post-Truth Law Analysis of the Protection of Privacy Rights in Cases of Digital Defamation Dissemination in Indonesia

2025-02-26T08:14:10+00:00

This paper analyzes the protection of privacy rights in Indonesia in the context of digital slander dissemination, framed within the post-truth era. Using a normative juridical analysis, this study evaluates the adequacy and limitations of Indonesia's legal framework, particularly focusing on the Law on Electronic Information and Transactions (ITE Law), in addressing digital defamation. The rise of the post-truth era, characterized by the spread of misinformation and subjective narratives, has exacerbated the challenges in safeguarding privacy rights online. The paper examines legal provisions, case law, and practical enforcement mechanisms to assess how well privacy rights are protected in digital slander cases. Findings highlight the gaps in the current legal framework, including unclear definitions and enforcement challenges. The study also explores the role of social media platforms and suggests potential legal reforms to strengthen privacy protections and hold digital platforms accountable for harmful content. Ultimately, this paper calls for more robust legal definitions, improved law enforcement, and stronger platform accountability to better protect privacy in the digital age.

Realizing Participatory Democracy through Student Presidential Election at Institute Technology Muhammadiyah Sumatra as a Reflection of Indonesian Democracy Values

2025-02-25T08:36:05+00:00

The election of the Student President (Presma) and Student Vice President (Vice President) at the Institute Technology Muhammadiyah Sumatra (ITMS) reflects the practice of participatory democracy that is in line with Indonesian democratic values. This study aims to analyze the essence, implementation, and praxis of democracy in the context of the election of Presma and Vice President as a miniature of national democracy. The research method applied is a qualitative study with an analytical descriptive approach, involving field data analysis, interviews, and literature studies. The results of the study show that this election not only strengthens student involvement in the decision-making process, but also becomes a forum for learning democracy that reflects active participation, transparency, and accountability. This study recommends improving the electoral system to further strengthen the practice of participatory democracy in the university (campus) environment.

Civil Remedies for Environmental Damage: Exploring the Effectiveness of Carbon Trading as a Tool for Restoration in Indonesia

2025-02-25T08:35:59+00:00

This paper discusses the effectiveness of carbon trading as a civil remedy for environmental damage in Indonesia through a juridical normative analysis. The research explores Indonesia's legal framework governing carbon trading, its implementation, and its alignment with principles such as "polluter pays" and sustainable development. The key findings profile the potential of carbon trading in financing environmental restoration, for example, reforestation and peatland rehabilitation, but are faced by challenges such as regulatory gaps, low institutional capacity, and issues of transparency. This study calls for integration of legislative reforms, increased oversight, and coordination from all stakeholders toward the best implementation of carbon trading for environmental degradation. Coupling carbon trading with civil liability mechanisms is advanced here as a means to enhance accountability and restoration outcomes.

Implementation of Ethical Artificial Intelligence Law to Prevent the Use of AI in Spreading False Information (Deepfake) in Indonesia

2025-02-26T08:14:20+00:00

The rapid advancement of artificial intelligence (AI) technologies has introduced new challenges, particularly in the creation and dissemination of deepfakes—manipulated media that can deceive viewers into believing false information. In Indonesia, the existing legal frameworks do not specifically address the issue of deepfakes, leaving a gap in the regulation and prevention of AI-generated misinformation. This paper analyzes the legal application of AI ethics in preventing the misuse of deepfakes, using a normative juridical approach to examine current Indonesian laws, ethical standards in AI, and international legal frameworks. The findings highlight the insufficiency of Indonesia's current legal provisions, including the Electronic Information and Transactions (ITE) Law and the Personal Data Protection Law, in addressing deepfake-related issues. The study proposes the introduction of a specific legal framework for deepfakes, integration of AI ethics into national legislation, and international collaboration to mitigate the spread of harmful AI-generated content. By implementing these reforms, Indonesia can better safeguard individuals’ rights and maintain digital media integrity.

Criminal Law Arrangements in Handling the Spread of Social Media Bot-Based False Information in Indonesia

2025-02-26T08:14:25+00:00

This study examines the legal arrangements in Indonesia for handling the spread of false information through social media bots, employing a normative juridical analysis. The proliferation of disinformation through automated bots has become a significant challenge to public trust, social cohesion, and democratic processes. This paper explores the adequacy of existing legal frameworks, such as the Information and Electronic Transactions Law (ITE Law), the Indonesian Penal Code, and the Election Law, in addressing bot-generated false information. The study identifies key challenges, including technological limitations, legal ambiguities, and jurisdictional issues, and compares Indonesia’s regulatory approach with that of the European Union and the United States. The research highlights the need for clear legal definitions, enhanced platform accountability, improved enforcement capabilities, and greater international cooperation to effectively address this issue. The study concludes with recommendations for legal reforms and increased public awareness to mitigate the adverse impact of social media bots on public discourse in Indonesia.

Discourse on the Coretax System in Indonesia: A Study of Legal Certainty and Guarantees for Taxpayers

2025-02-25T08:36:39+00:00

Digitalization of Taxation in Indonesia refers to the process of utilizing digital technology and electronic systems to manage, process, and report tax obligations. The Directorate General of Taxes (DGT) employs various applications such as e-Filing, e-Billing, e-Invoice, and other supporting applications. However, one of the main issues is the lack of integration between these applications, leading to unachieved taxpayer compliance, insufficient legal certainty, and weak legal protection guarantees. Enhancing integrated tax digitalization through the Coretax application offers an easy and efficient solution for taxpayers. This study aims to analyze the implementation of the Core Tax Administration System (CTAS) within the Coretax application to improve the number of compliant taxpayers in Indonesia, ensure legal certainty, and provide guarantees for the protection of taxpayers' personal data. The research employs a qualitative method through normative studies and journals related to CTAS. The results of the study are as follows: the ease of use of the Coretax application and its adherence to existing legal frameworks in business processes effectively increase the number of compliant taxpayers. Additionally, incorporating integrated and comprehensive legal foundations for CTAS, such as Presidential Regulation No. 40 of 2018 and Minister of Finance Regulation No. 81 of 2024, enhances legal certainty. Furthermore, the guarantee of data protection through the Personal Data Protection Law (PDP Law) and relevant international regulations ensures the confidentiality of participants' data.

Trademark Dispute Case in International Civil Law (Case Study of PK MARI Decision No.274 PK/Pdt/2003)

2025-02-25T08:36:26+00:00

Brand disputes in the context of international civil law are increasing in line with the globalization of trade and rapid economic growth. This journal analyzes the Review Decision (PK) No. 274 PK/Pdt/2003 involving a trademark dispute between Prada SA, a leading fashion company from Italy, and PT Manggala Putra Perkasa in Indonesia. This study aims to explore the legal basis used by the Supreme Court in deciding this case as well as the implications of the ruling on trademark protection in international civil law. The research method used is a prescriptive legal approach whose data collection is through literature research and analysis of legal documents. The results show that the Supreme Court relies on previous jurisprudence and international treaties, such as the Paris Convention for the Protection of Industrial Property, in providing decisions in favor of the protection of well-known brands. This ruling emphasizes the importance of good faith in trademark registration and provides stronger legal protection for well-known brands than ordinary marks. The implications of this decision are very significant, the target is not only brand owners, but also consumers and stakeholders in the Indonesian business world. This increase in protection is expected to create a more favorable investment environment and increase foreign investors' confidence in the Indonesian market. This finding is expected to be a reference for policymakers and legal practitioners in an effort to strengthen the protection of intellectual property rights in Indonesia and other countries.

Juridical Analysis of Data Sovereignty in the Era of Digital Economy in Indonesia

2025-02-26T08:14:30+00:00

The rapid growth of digital platforms has given rise to new challenges in the protection of privacy rights, particularly in cases of digital slander. This study explores the intersection of privacy protection and digital slander dissemination in Indonesia, focusing on the impact of post-truth dynamics. Using a normative juridical approach, the research examines Indonesia’s legal framework, including the 1945 Constitution, the Electronic Information and Transactions Law (ITE Law), and the Personal Data Protection Law (PDPL), to evaluate the effectiveness of legal mechanisms in safeguarding individuals' privacy in the digital space. The study identifies key gaps in privacy protection, particularly in the context of the post-truth environment, where misinformation and emotional manipulation often overshadow factual accuracy. Comparative analysis with international legal frameworks highlights best practices that could inform reforms in Indonesia. The study concludes with recommendations for legal reforms aimed at enhancing privacy protection and addressing the complexities of digital slander in the era of post-truth.