ALSA
Legal Insight
ALSA Legal Insight is a legal studies publication that offers concise and in-depth analysis of current legal issues and jurisprudence. It aims to help readers understand recent developments in the law clearly and critically. The publication also accepts open submissions and welcomes contributions from members, demissioners, and the local board of ALSA LC UB.
Revisi UU TNI disahkan: Apa Saja Perubahannya?
Oleh Sabilla Ghefira Az-Zahra
The Indonesian House of Representatives (DPR RI) officially passed the Bill to Amend Law No. 34 of 2004 on the Indonesian National Armed Forces (the “TNI Law Revision”) during a Plenary Session led by Speaker Puan Maharani on March 20, 2025. The deliberation sparked public controversy and widespread opposition, including protests held in front of the DPR building on the same day. Despite these objections, the DPR approved the revision, with the Speaker emphasizing that the process followed proper procedures and upheld democratic principles and civilian supremacy. The revision was subsequently signed by President Prabowo Subianto at the end of March 2025, making it legally effective.
Perluasan Ajaran Perbuatan Melanggar Hukum dalam Putusan Hoge Raad Lindenbaum v. Cohen (1919)
Oleh Putu Adela Claudya
The 1919 Lindenbaum v. Cohen decision marked a major shift in the definition of unlawful acts. Before this case, a person was considered to commit an illegal act only when violating a written law. The ruling expanded this view by recognizing that conduct conflicting with societal norms, fairness, or proper behavior can also be considered unlawful, even without explicit statutory rules. This broader understanding was later adopted in Indonesian civil law and guides the application of Article 1365 of the Civil Code. Its influence can be seen in cases such as the dispute between PT Permata Drilling International and PT PLN Geothermal, where the court held that PLN’s failure to act with due care despite expert advice constituted an unlawful act because it caused delays and financial loss. Today, the doctrine remains central in assessing civil liability, emphasizing that unlawful acts include not only statutory violations but also behavior that goes against accepted standards of prudence and fairness.
