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- Copyright, copyright holders, social networks intermediary service providers, Vietnamese Intellectual Property Law (1)
- Corporate criminal liability, court decisions, corruption (1)
- Examining (1)
- Ignorantia facti excusat ignorantia iuris non excusat (1)
- Insurance law, insurance policies, natural disasters, policyholders, insurance companies, implementation, Indonesia (1)
Articles 1 - 10 of 10
Full-Text Articles in Comparative and Foreign Law
Examining The Implementation Of Insurance Law And Policies: A Study Of Natural Disaster Risks, Policyholders, And Insurance Companies In Indonesia, Dotto Koyage Philipo, Daniel Lubowa
Examining The Implementation Of Insurance Law And Policies: A Study Of Natural Disaster Risks, Policyholders, And Insurance Companies In Indonesia, Dotto Koyage Philipo, Daniel Lubowa
Indonesia Law Review
This study aims to investigate the implementation of insurance laws and policies in Indonesia in the context of natural disaster risks. The study will analyse the effectiveness of existing insurance regulations and their practical implications through a comprehensive analysis of relevant literature, legal frameworks, and empirical data. The study will employ a mixed-methods approach, combining qualitative data with policyholders and insurance professionals, as well as quantitative data analysis from insurance industry reports. The findings will contribute to a better understanding of the strengths and weaknesses of the current insurance framework, shedding light on potential areas for improvement. This study seeks …
Guardians Of Innocence: Enhancing Legal Safeguards For Child Victims Of Sexual Violence In Indonesia, Aziz Andriansyah, Retno Saraswati, Irma Cahyaningtyas
Guardians Of Innocence: Enhancing Legal Safeguards For Child Victims Of Sexual Violence In Indonesia, Aziz Andriansyah, Retno Saraswati, Irma Cahyaningtyas
Indonesia Law Review
Sexual violence against children is a crime that is quite disturbing and needs to get attention in society. The implementation of child protection must meet the requirements, among others, by implementing the development of truth, justice and child welfare. Based on the provisions in Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection. The basic rights of children who need adequate protection include the right to live, the right to develop, the right to protection, the right to participate and the right to education. Efforts to prevent sexual abuse in children can also …
Fighting Against Copyright Infringement On Social Networks In Vietnam - From The Perspective Of Responsibilities Of Internet Service Providers, Phan Khoi Nguyen
Fighting Against Copyright Infringement On Social Networks In Vietnam - From The Perspective Of Responsibilities Of Internet Service Providers, Phan Khoi Nguyen
Indonesia Law Review
The law on intellectual property in general and copyright, in particular, is a subject of increasing interest in today's society, particularly in the information and internet explosion era. To prevent infringement and effectively protect copyright in the online environment, Vietnam's copyright law contains numerous provisions, including regulations pertaining to service provider responsibilities. This article examines the international and domestic legal bases for the liability of social network service providers (a type of internet-based intermediary service) in the fight against harmful copyright violations by the users of the service. Thus, the authors will identify several deficiencies in the existing Vietnamese copyright …
The Implementation Of The Religion Rights For Transgender In Indonesia, Ratih Andani Setyo Budhi
The Implementation Of The Religion Rights For Transgender In Indonesia, Ratih Andani Setyo Budhi
Indonesia Law Review
The rights to conduct religious practice are undoubtedly essential for all human beings, including transgender people. However, in practice, they often found obstacles in implementing their fundamental rights to pray to God. The main objectives of this paper are to understand the statutory laws applicable in Indonesia regarding the rights of the religion of the Indonesians for transgenders, and how is the actual implementation by the government in fulfilling the rights, as well as examining case experienced by the transgenders who live in Pondok Pesantren Waria (Female Transgender Madrasa) Al- Fatah Yogyakarta. The Author was using a combination of library …
The Future Of Freedom Of Press In Indonesia After The Personal Data Protection Law Era, Untung Sumarwan, Arief Hidayat, Lita Tyesta Alw
The Future Of Freedom Of Press In Indonesia After The Personal Data Protection Law Era, Untung Sumarwan, Arief Hidayat, Lita Tyesta Alw
Indonesia Law Review
The press is a manifestation of the sovereignty of the Indonesian people. Unfortunately, the spirit of freedom of the press seems to be still experiencing shocks from various angles, one of which is the birth of Law number 27 of 2022 concerning Personal Data Protection (PDP Law). On the one hand, the presence of the PDP Law should be appreciated as a form of government effort to protect citizens' rights to privacy. However, unfortunately, several article provisions in the PDP Law still intersect with the Press, which are not a form of restriction in positive terms but have the potential …
Morality In Law: An Analysis Towards The Legal Philosophy And Indonesia National Legal System, Ade Adhari, Tundjung Sitabuana, Indah Siti Aprilia
Morality In Law: An Analysis Towards The Legal Philosophy And Indonesia National Legal System, Ade Adhari, Tundjung Sitabuana, Indah Siti Aprilia
Indonesia Law Review
The philosophy of law schools, such as positivism and naturalism, always have opposing arguments about moral and law separation. Positivism on one side, believes that morality is a non-law element that has to be strictly separated from the law, while on the other side, naturalism says moral can not be separated from the law and that moral has to become the basis of every law. However, the positivism idea is arduous to be implemented in the current situation as the legal product is constantly managed to conform with the moral values. The objectives of this paper are to study: (1) …
Indonesian Capital Market Investor Protection In Cases Of Embezzlement, Arman Nefi, Adiwarman Adiwarman
Indonesian Capital Market Investor Protection In Cases Of Embezzlement, Arman Nefi, Adiwarman Adiwarman
Indonesia Law Review
Law Number 8 of 1995 on Capital Market, in Articles 90 to 98, regulates fraud, market manipulation and insider trading. There is no regulation of embezzlement in the Indonesian Capital Market. Have the legislators forgotten, or have anticipated that there will never be embezzlement in the legal realm of the Indonesian Capital Market? The paper deals with the absent of criminalization of embezzlement in capital market act and produce the recommendation to cope with the issue. This study uses a normative legal analysis method with a conceptual, an analytical, and a case study approach. Several legal cases that are strongly …
Understanding The Typology Of Health Sector Corruption In Indonesia, Ratna Juwita
Understanding The Typology Of Health Sector Corruption In Indonesia, Ratna Juwita
Indonesia Law Review
Health sector corruption is considered as one of the most serious barriers to the realisation of the right to health due to the complexity of the health care system structure. This research aims firstly to explain the international legal obligations of Indonesia concerning the right to health and anticorruption and subsequently explain the measures taken by Indonesia to realise its international legal obligations. Secondly, legally binding judgments on health sector corruption will be collected to formulate the typology of health sector corruption in Indonesia. The construction of the typology of health sector corruption is to pinpoint the pattern of corruption …
Examining The Principle Of Ignorantia Facti Excusat, Ignorantia Iuris Non Excusat In The Corruption Case Nizzadro Fabio, Simplexius Asa
Examining The Principle Of Ignorantia Facti Excusat, Ignorantia Iuris Non Excusat In The Corruption Case Nizzadro Fabio, Simplexius Asa
Indonesia Law Review
This study was designed as a normative research based on documentary research while the data is analyzed based on the court decisions and is presented in a qualitative descriptive manner, aiming to find out the essential meaning of the teachings of ignorantia facti excusat, ignorantia iuris non excusat, and to knowing the implementation of the principles of ignorantia facti excusat, ignorantia iuris non excusat. This is in the regulations and judicial practice in Indonesia through the views of the judges in decision Number 20/Pid.Sus-TPK/2022/PN. Kpg. The study found three main conclusions, namely first, the principle of ignorantia facti …
Contradiction Over The Application Of Corporate Liability In Corruption Court Decisions In Indonesia, Budi Suhariyanto, Cecep Mustafa
Contradiction Over The Application Of Corporate Liability In Corruption Court Decisions In Indonesia, Budi Suhariyanto, Cecep Mustafa
Indonesia Law Review
This paper presents and critically analyses the application of corporate criminal liability in the decisions of corruption crimes in Indonesia from 1999 to 2019. Of the seven corporate cases that have been prosecuted and convicted in this period. We identify 4 (four) corporate criminal liability models as follows. First, the corporation is accused, prosecuted, and convicted after the management has been convicted through a final and binding decision. Secondly, the corporation is excluded from the indictment but included in the sentencing. Third, the prosecution of corporate crimes negates the criminal liability of its management. Fourth, a portion of corporate criminal …