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All Journal Acta Comitas Sriwijaya Law Review Halu Oleo Law Review Jurnal Simbur Cahaya JURNAL PEMBANGUNAN HUKUM INDONESIA Indonesian Journal of International Law Yuridika Indonesia Law Review (ILREV) Jurnal Hukum dan Pembangunan
Yetty Komalasari Dewi
Department Of Civil Law, Faculty Of Law Universitas Indonesia
Decision Sciences, Operations Research & Management Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Indonesia Law Review (ILREV)

 1 
Port Readiness in Facing Globalization: Indonesian Case Study Ariadno, Melda Kamil; Afriansyah, Arie; Dewi, Yetty Komalasari
Indonesia Law Review
Publisher : UI Scholars Hub

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Abstract

International trade cannot be separated from the role of international shipping. More than 80% of goods transported through sea from a region to another, from one Country to another Country. Since the dawn of the voyage, port cannot be separated from the voyage itself. Adequate port will ensure a good international shipping. Increasing number of international shipping also means increasing volume of international trade. With a variety of factors such as geographical factor, natural resources, and population, Indonesia should be a key player in international trade by sea. However, the reality is still far from ideal, especially when compared with neighboring countries. This research aims to map the condition and situation of ports in Indonesia, especially in the legal field so that can be known what things that can be recommended to optimize the role of Indonesian ports in international trade by sea.
LIABILITY OF LEGAL PERSON IN INDONESIA: A STATUTORY AND PRACTICAL REVIEW Dewi, Yetty Komalasari
Indonesia Law Review
Publisher : UI Scholars Hub

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Liability of legal persons for criminal offences has been slowly, but making its way to the legislations of Indonesia. Trends of development indicate that the liability of legal persons for criminal offences has been regulated in few regulations and will be regulated in the bill of Indonesia Penal Code that is now being drafted. Grounds of liability of legal persons indicate that it is a question of a special from of criminal responsibility, adapted to legal persons.
In Search of Legal Foundation for Indonesian Family Firms Dewi, Yetty Komalasari
Indonesia Law Review
Publisher : UI Scholars Hub

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One of the factors that affect Indonesia’s economic growth is the existence of business firms. Most business firms in Indonesia are in the form of family-owned firm, and they are considered to constitute the backbone of the economic development. Family firms represent the most enduring business model in the world. The continuing success of family firms through the generations relies on ensuring the next generation. However, the issue of family firms is rarely discussed in particular from the perspective of corporate law. In fact, from legal perspectives, there are some issues dealing with this type of firm, among other, the lack of an overall definition of the term “family business”. It is because family businesses and small medium enterprises (SMEs) are widely understood synonymously in spite of the fact that they exist in every size class. Other issue is the question of its legal basis or legal framework in terms of its corporate governance. Many Indonesian business players lack the basic understanding of corporate law. It is partly because obligations set out in the corporate law are incompatible with the values and cultures in Indonesia where “kinship principle” is deeply rooted. This article aims to describe the characteristics and the legal frameworks for family firms in Indonesia. It also recommends the government to take progressive measures by providing clear regulations on family firms in Indonesia. This will reinforce family firms’ contribution to economic development of Indonesia in the future.
An Ineffective Institutional Investors Law in Indonesia? Why Bother Lie, Luther; Dewi, Yetty Komalasari
Indonesia Law Review
Publisher : UI Scholars Hub

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Abstract

Corporate governance failures are one of the major factors that have crippled the Indonesian economy through financial crises. In response, the OECD has prescribed Principles II and III of the G20/OECD Principles of Corporate Governance to ensure the rights and equitable treatment of all shareholders and the acknowledged role of institutional investors in improving corporate governance. Institutional investors play a significant role as corporate monitors in protecting the public investors’ money and improving corporate financial performance. They are therefore acknowledged as the policies of economic crises, creators of firm values, and drivers of economic development. However, as this paper explains, the existing legal framework of institutional investors in Indonesia is implicit and inadequate to comply with these Principles. It draws hard lessons from, for example, the Malaysian legal framework of institutional investors, which are advanced but flawed, paving for the exceptional 1MDB multibillion dollars of corruption and political mayhems. Stakeholder governance on institutional investors that leaves to private ordering and makes government intervention unnecessary is counterproductive to protect the interests of stakeholders. This paper proposes the rules of the game for institutional investors in Indonesia that could maintain their nimbleness to drive corporate financial performance and economic development.
Co-Authors Arie Afriansyah Arie Afriansyah Darmawan, Aristyo Rizka Fiona Priscilia Kohar Gautama, Abhiyoga Dirdanaraputra Koentjoro, Talissa Kristantini Sugiharti Laras Thyrza Amandari Lie, Luther Melda Kamil Ariadno Melda Kamil Ariadno Muhamad Adhi Pramana Prima Yulia Jatiningsih Setiawati, Wenny Setiawati, Wenny, wsetiawati@gmail.com Temenggung, Carissa T.A. Yeni Salma Barlinti Yuwana, Citranella Ramadhani