Tadulako Law Review

A COMPARATIVE APPROACH TO THE IMPLEMENTATION OF EXPLOITATION AND ELECTRONIC CHILD SEXUAL ABUSE CRIMES IN

Mega Ayu Faraswati, Patricia Rimgiwati — Fri, 20 Jun 2025 00:00:00 +0700

ASEAN adopted the Additional Protocol on the Online Sexual Abuse of Children. Additional protocols are tools used around the world to combat child sexual exploitation. This research aims to study how effective the application of additional protocols is, what has been achieved, and the problems encountered. Studies show that the governments of several ASEAN countries have not really implemented this additional protocol because it is considered not important. Even if these children are aware or not that what is happening to them is abnormal and unacceptable, the term child sexual abuse refers to various activities of sexual intercourse with children under the age of 18. Adults or classmates can do it, and usually involves individuals or groups taking advantage of an imbalance of power. Perpetrators often use authority, power, manipulation, or deception without apparent coercion

THE ROLE OF THE WORLD TRADE ORGANIZATION (WTO) IN THE TRADE CRISIS DURING THE COVID-19 PANDEMIC AND THE IMPACT OF COVID-19 ON THE WORLD TRADE ORGANIZATION (WTO)

Nur Elisha, Adolf Warrouw — Fri, 20 Jun 2025 00:00:00 +0700

Beginning with the Indonesian government's recognition of the GATT rules that have proven to have a major role in developing international trade since 1948 until now. Finally, on April 15, 1994, in Marrakesh, Morocco, the Government of Indonesia participated in signing the Agreement Establishing the World Trade Organization along with all the rules that have been agreed upon, which is manifested by ratification in Law No. 7 of 1994 concerning Ratification of the Agreement Establishing the World Trade Organization Globalisation, especially in the path of international trade, can have an impact on international markets which affect competitiveness and economic improvement. However, there are obstacles at the time of covid-19 which led to the ciris faced globally which also had an impact on Indonesia. The problem in this study is the role of the WTO in dealing with the impact of the global economic crisis that hit the world. This research uses doctrinal research. The result of this research is that the WTO issued a crisis management system by securing a series of trade initiatives called the Geneva Package, which the rules of the WTO actually have obstacles, including the lack of government commitment in improving the business world due to problems in development, coupled with the lack of readiness of human resources, both entrepreneurs, professionals, and government officials. For this reason, it is necessary to harmonise and synchronise laws and regulations, both national and international, while still prioritising national interests

THE ROLE OF THE DEBTOR'S LEGAL ACTIONS THAT ARE DETRIMENTAL TO CREDITORS AS AN OBJECT OF OTHER LAWSUITS IN BANKRUPTCY (ANALYSIS OF DECISION NO: 8/PDT.SUS-OTHER LAWSUIT/2023/PN-NIAGA SBY JO. NUMBER 17/PDT.SUS-PKPU/2022/PN-NIAGASBY)

Mufida Putri — Fri, 20 Jun 2025 00:00:00 +0700

In connection with a receiver's duty to secure bankruptcy assets, a receiver also has the authority to file a lawsuit or claim in connection with a bankruptcy assets dispute, whether in the form of an actio pauliana or other lawsuit. As in decision Number 8/Pdt.sus-Gugatan others/2023/PN-Niaga Sby jo. Number 17/Pdt.Sus-PKPU/2022/PN-NiagaSby, the receiver filed a lawsuit against the actions of a debtor who approved an increase in capital in a company because it was not carried out with the approval of the management as regulated in Article 240 paragraph (1) UUK-PKPU. The actions of bankrupt debtors are considered detrimental to creditors in bankruptcy because their actions result in share dilution. In this article, I will discuss: 1.) Is share dilution of a bankrupt debtor's share ownership included as a loss to bankruptcy assets so that it becomes the object of other lawsuits in bankruptcy? 2.) Is the act of approving an increase in company capital carried out when the debtor is in bankruptcy during the temporary PKPU period justified according to UUK-PKPU? In this article, a case study will be carried out regarding Decision Number 8/Pdt.sus-Gugatan other/2022/PN-Niaga Sby Jo. Number 17/Pdt.Sus-PKPU/2022/PN-NiagaSby. The conclusion of the author's research is: Dilution of shares in a company where the bankrupt debtor is the shareholder has no implications for the value of the shares as assets of the bankrupt debtor; The action to increase capital where the PKPU debtor is a shareholder in a company does not result in losses for the bankruptcy estate, so the action to increase capital can be justified.

LEGAL LIABILITY OF FAST FASHION FOR TEXTILE WASTE MANAGEMENT BASED ON THE PRINCIPLE OF EXTENDED PRODUCER RESPONSIBILITY (EPR)

Putri Salsa Nabila — Fri, 20 Jun 2025 00:00:00 +0700

The fast fashion industry is loved by many people, especially young people (Gen Z) who like to shop in a short period of time with a large amount. However, not many people know that fast fashion is not only harmful and polluting the environment but also harmful to its users for a long period of use. This research focuses on the impact of environmental pollution from the disposal of chemical textile waste, including its effect on human health and also on the current regulations in Indonesia. The method used by the researcher is the normative juridical method. SIPSN (National Waste Management and Information System) issued data related to fast fashion industry waste in Indonesia showing a figure of 2.3 million tons / year 2021 and only 0.3 million tons of 2.3 million tons can be recycled, and 80% of other textile waste is in landfills.

REFORMING THE AUTHORITY OF THE REGIONAL REPRESENTATIVE COUNCIL (DPD): FROM SYMBOLIC FUNCTION TO SUBSTANTIAL ROLE

Achmad Hariri — Fri, 20 Jun 2025 00:00:00 +0700

The Regional Representative Council (DPD) is a representative institution established to embody regional representation within Indonesia’s constitutional system. However, since its mandate in the amended 1945 Constitution, the role of the DPD remains limited in legislation, oversight, and budgeting. These limitations create an imbalance in the bicameral system, which should ideally maintain equilibrium between regional and central interests. One of the main issues is that the DPD’s legislative authority is restricted to proposing and providing considerations without binding power. Furthermore, the DPD’s oversight role over regional policies lacks enforcement power, and its budgetary authority is minimal. Additionally, the representation system of the DPD is debated, as each province has the same number of representatives regardless of population size and territorial area, leading to an imbalance in representation. Moreover, there is an overlap in roles between the DPD and the House of Representatives (DPR) in accommodating regional interests, which raises concerns about the DPD’s effectiveness. Therefore, legal reforms, including revisions to the MD3 Law and amendments to the 1945 Constitution, are necessary to strengthen the DPD’s authority in legislation, oversight, and budgeting. Strengthening the DPD’s role is expected to enhance the effectiveness and democracy of regional representation, supporting regional autonomy and a more inclusive national policy. The authority of Indonesia’s DPD remains limited, particularly in legislation and oversight, making its role often perceived as symbolic. The imbalance with the DPR and the unproportional representation system weaken its effectiveness in advocating for regional interests. Compared to bicameral systems in other countries, the DPD contributes less in legislation and budgeting. Reform is needed to strengthen the representation and authority of the DPD to make it more effective within the national legislative system

ANALYSIS OF THE FAIR USE PRINCIPLE IN AI-GENERATED SONGS ON THE SPOTIFY PLATFORM BASED ON LAW NUMBER 28 OF 2014 ON COPYRIGHT

Linggar Aditya Chanan, Dwi Fidhayanti — Fri, 20 Jun 2025 00:00:00 +0700

This research examines the application of the fair use principle to AI-generated songs published on Spotify under Indonesian Copyright Law. The research employs anormative legal research, utilizing statutory and conceptual approach. Legal material collected through literature review and online resources and analysed using deductive reasoning to systematically interpret legal norms. The research highlights key criteria for fair use such as non-commercial use, benefits to the original creator, and the absence of objection from the creator , which would apply to AI-generated songs. However, the commercial use of AI-generated songs, particularly when monetized on platforms like Spotify, raises concerns regarding royalty obligations and economic rights for original creators. The research also address the need for adaptive regulations to ensure the balance between protecting creators rights and fostering AI innovation in the music industry. The findings suggest that while AI-generated songs may qualify as fair use in certain cases, the legal implications are complex, and stricter guidelines are needed to govern AI technology’s role in music reduction. This research contributes to the ongoing discussion on AI’s impact on intellectual property rights, proposing recommendations for legal framework to accommodate the evolving nature of creative technologies and protect the interest of creators in the digital environment.

FAST FASHION: WHO’S RESPONSIBLE FOR ENVIRONMENTAL CRIMES AND CORPORATE GREED THROUGH GREEN CRIMINOLOGY

Fri, 20 Jun 2025 00:00:00 +0700

This study examines the environmental and ethical challenges of fast fashion through the lens of green criminology theory. Fast fashion’s rapid production cycles, excessive resource consumption, and labor exploitation contribute to severe environmental degradation and social injustices. This research highlights key concerns, including pollution from synthetic fabrics, overproduction leading to excessive textile waste, and exploitative labor conditions in developing nations. By comparing fast and slow fashion models, the study identifies sustainable alternatives that emphasize ethical labor practices, eco-friendly materials, and mindful consumption. Applying green criminology frameworks environmental, species, and ecological justice, this paper critiques corporate irresponsibility and explores legal accountability for industrial pollution, deforestation, and carbon emissions. Findings reveal that corporate sustainability initiatives remain insufficient, with greenwashing prevalent among major fashion brands. The study argues for stronger regulatory policies, corporate responsibility measures, and consumer awareness to drive systemic change. By integrating criminology, environmental law, and ethical fashion perspectives, this research contributes to discussions on sustainability and corporate accountability in the global fashion industry.

ESTABLISHMENT OF A LIMITED LIABILITY COMPANY BY HUSBAND AND WIFE USING JOINT ASSETS BASED ON THE PRINCIPLE OF CORPORATE SEPARATE LEGAL PERSONALITY

Dwi Fatma Antika, Dominikus Rato — Fri, 20 Jun 2025 00:00:00 +0700

The objective the research is to evaluate the legitimacy of a married couple's limited liability company. using joint assets, based on the principle of corporate separate legal personality, as well as the couple's liability concerning joint assets used as capital in the establishment of the company. This study implements a normative legal methodology combined with a conceptual and legislative approach. The first result discloses that the limited liability corporation created using joint assets is invalid, because these assets belong to a single legal entity, namely the husband and wife, as per Article 35(1) of the Marriage Law. Conversely, the law stipulates that a minimum of two distinct individuals is necessary to establish a limited liability company. Moreover, the company is a capital association, linked to the principle of corporate separate legal personality, which separates the founders' assets from the company's assets. When the couple uses joint assets as capital to start the business, the capital partnership fails to materialize. Second, the couple's liability for using joint assets as capital has legal implications for the founders' liability. Article 3 of the Limited Liability Company Law defines two types of liability: limited and full liability. The legal subject and capital partnership requirements are not met, so full liability is imposed.

Keywords: Limited Liability Company, Joint Property, corporate separate legal personality.

ARE WE STILL GRAPPLING WITH THE MEANING OF SPECIFIC GOODS AFTER 98 YEARS OF RE WAIT

Dinushi Palawatta — Fri, 20 Jun 2025 00:00:00 +0700

The classification of goods as specific or unascertained is crucial for determining when ownership and risk transfer from the seller to the buyer under the Sale of Goods Act 1979 of the United Kingdom. While the distinction holds significant legal consequences, the current legal framework remains ambiguous, particularly with Section 61 of the Act, which does not clearly define the degree of identification required for goods to qualify as specific. This paper examines the deficiencies in Section 61 of the Sale of Goods Act of the United Kingdom, using case law such as Ward v Bignall and Re Wait to explore how the law struggles to address complex identification scenarios, particularly in bulk or international transactions. The paper argues for a redefinition of "specific goods," proposing that goods be considered specific when they are physically identified, identified with a serial number, or sufficiently identified such that a buyer could recognize them if transferred to another party. The paper concludes by calling for legislative reform to provide clarity, reduce legal uncertainty, and mitigate the risks and disputes arising from this issue in commercial contracts.