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Articles 31 - 54 of 54
Full-Text Articles in Comparative and Foreign Law
Preventing Retaliation In Trade By Harmonizing The Measures, Muhammad Putra Iqbal
Preventing Retaliation In Trade By Harmonizing The Measures, Muhammad Putra Iqbal
Indonesian Journal of International Law
Sanitary and Phytosanitary Measures (SPS) Agreement as a globally-accepted legal document within the World Trade Organization (WTO) is very important in ensuring food traded across the boundaries is safe for consumers and also protecting animal and plant from diseases and pests. Therefore, SPS Agreement's role within the international trade is very crucial. This paper evaluates "Indonesia-China candy case" that closely related to the implementation of the SPS Agreement. It is concluded that Indonesia as a member of WTO has declared and proven that Indonesia national regulations on food safety comply with international standard. On the other hand, China should show …
Environmental Protection And State Responsibility In International Humanitarian Law, Arie Afriansyah
Environmental Protection And State Responsibility In International Humanitarian Law, Arie Afriansyah
Indonesian Journal of International Law
International armed conflicts is not only threatened the existence of human being, but also brought great environmental damage that has served to raise the international community's deep concern. The conflicting parties are liable for violations of their international obligations including damages to the environment. The obligations of warring parties to protect the environment are sourced not only from treaty law but also from customary law. Even though the conflict has ceased, they are still liable for the violations as long as the damages continue. That is why the legal concept of State offers an important doctrine in international conflicts offering …
Author's Right Is Not Only Copyright, Agus Sardjono
Author's Right Is Not Only Copyright, Agus Sardjono
Indonesian Journal of International Law
This article discusses the difference between the concept of Author's Right and Copyright. These two concepts are often mistakenly considered to be inter-changeable. The purpose of this article is to help readers obtain a better insight into the basic concept of Author's Right and Copyright.
Visually Impaired Persons And Access To Copyrighted Works: The Indian Roadmap, Anjana Girish, Saraswathy Vaidyanathan
Visually Impaired Persons And Access To Copyrighted Works: The Indian Roadmap, Anjana Girish, Saraswathy Vaidyanathan
Indonesian Journal of International Law
The copyright regime poses challenges to visually impaired persons, such as the inability to access books written in a format suitable for their reading needs. Therefore, in 2013, the Marrakesh Treaty to Facilitate Access to Published Works for Blind Persons, Visually Impaired, or Otherwise Print Disabled was carried out to resolve these challenges. India has adopted certain exceptions in its copyright regime, which facilitate access to the visually impaired. However, the beneficial effects of these provisions remain debatable. This research is based on an empirical study conducted on the effectiveness of the provisions of the Indian Copyright Act on facilitating …
Critical Examination Of The Intellectual Property Regimes In The Gulf-Co-Operation Council (Gcc) States, Nadia Naim
Critical Examination Of The Intellectual Property Regimes In The Gulf-Co-Operation Council (Gcc) States, Nadia Naim
Indonesian Journal of International Law
The research focuses on the intellectual property developments made by the member states of the GCC and how intellectual property development and subsequent deployment, can act as a catalyst for financial prosperity. The main purpose of the research is to analyse and examine the intellectual property provisions currently in existence within the states of the GCC. The aim is to provide recommendations to improve the current level of intellectual property protection at both a national level and at a state level in the GCC through an integrated intellectual property protection model. There have been three main stages in the development …
Impacts Of Iprs Basic Provisions In Cptpp On Technology Transfer And Innovation - Suggestion In Indonesia, Nguyen Phan Quoc
Impacts Of Iprs Basic Provisions In Cptpp On Technology Transfer And Innovation - Suggestion In Indonesia, Nguyen Phan Quoc
Indonesian Journal of International Law
No abstract provided.
The Implementation Of The Traditional Cultural Expression (Tce) Protection In Indonesia Based On Article 38 Law Number 28 Of 2014 Regarding Copyright, Prasetyo Hadi Purwandoko, Adi Sulistiyono, M. Hawin
The Implementation Of The Traditional Cultural Expression (Tce) Protection In Indonesia Based On Article 38 Law Number 28 Of 2014 Regarding Copyright, Prasetyo Hadi Purwandoko, Adi Sulistiyono, M. Hawin
Indonesian Journal of International Law
Indonesia as a multicultural and multi-ethnicity country has a wide Traditional Cultural Expression (TCE) which needs active protection as a cultural heritage from extinction and to provide certain economic benefits. However, a lot of elements are endangered due to the effect of globalization, lack of facilities, appreciation, and comprehension which cause erosion of values, functions, and cultural elements. This research was, therefore, conducted to discuss the implementation of TCE protection in Indonesia based on Article 38 Law Number 28 of 2014 concerning Copyright (Copyright Law 2014). It was concluded that the implementation of TCE protection is through the Draft of …
Nalar Mazhab Sosiologis Dalam Penemuan Hukum Yang Berkeadilan Oleh Hakim, Christiani Widowati, Herliana Herliana
Nalar Mazhab Sosiologis Dalam Penemuan Hukum Yang Berkeadilan Oleh Hakim, Christiani Widowati, Herliana Herliana
Jurnal Hukum & Pembangunan
The issue of justice is a philosophical and contemporary issue. As a philosophical study, justice is examined from several schools of thoughts within the philosophy of law. This study focuses on the sociological jurisprudence discipline which basically states that law as a social norm which is inseparable from the values prevailing in a society because there is a close correlation between law and society. In relation to judicial authority, the denotation of justice in the judge's decision is that it should be in accordance with the law prevailing in the community. This research was conducted through the statute approach method …
Intellectual Property Rights And Public Policy On The Role Of Plain Packaging And Health Care In India, Anil Kumar Vishwakarma, Maria Devi Angerhofer
Intellectual Property Rights And Public Policy On The Role Of Plain Packaging And Health Care In India, Anil Kumar Vishwakarma, Maria Devi Angerhofer
Indonesian Journal of International Law
Although tobacco is a multi-billion-dollar industry globally, its consumers are prone to various non-communicable diseases, such as cancer, heart attack, etc. Therefore, to prevent this, many states have taken initiatives to discourage the consumption of this harmful product. Many international organizations like World Health Organization (WHO) have supported these preventive measures through The WHO Framework Convention on Tobacco Control (WHO FCTC). The main objective of this convention is to encourage the concept of packaging all brands of tobacco products in a uniform standard, which is known as the Plain packaging process. This was the first initiative adopted by Australia. This …
Larangan Pembatasan Kuantitatif: Studi Kasus Indonesia –Importation Of Horticulturalproducts, Animals And Animal Products, Faiz Muhammad Rizky, Rouli Anita Velentina
Larangan Pembatasan Kuantitatif: Studi Kasus Indonesia –Importation Of Horticulturalproducts, Animals And Animal Products, Faiz Muhammad Rizky, Rouli Anita Velentina
Jurnal Hukum & Pembangunan
n 2014, Indonesia implemented measures relating to the importation of horticultural products,animals, and animal products which were seen as a trade barrier in the form of quantitative restrictions imposed through the import licensing system. This article analyzes whether the paneland appellate body decision in the case of Indonesia -Importation of Horticultural Products, Animals and Animal Products under the provisions contained in the WTO legal framework. Indonesias policies cannot be justified under WTO legal framework, thoughthere are some exceptions to the quantitative restriction provision.
Perbandingan Hukum Rahasia Dagang Indonesia Dengan Amerika Serikat (Studi Komparatif Putusan Mahkamah Agung Nomor 332 K/Pid.Sus/2013), Monica Yesica Febrina
Perbandingan Hukum Rahasia Dagang Indonesia Dengan Amerika Serikat (Studi Komparatif Putusan Mahkamah Agung Nomor 332 K/Pid.Sus/2013), Monica Yesica Febrina
Jurnal Hukum & Pembangunan
Legal protection of intellectual property is an important element in supporting creativity and trade. Indonesia has ratified the Agreementand Trade Related Aspects of Intellectual Property Rights and has enacted Law number 30 of 2000 concerning Trade Secret. Legal protection of trade secrets aims to protect business actors in trade practices both regionally and internationally. In addition,protection of trade secrets can prevent unfair business competition. Thus, business people have wider opportunities to develop their creativity and business. This research method is a normative research with comparative research type. This study examinesthe comparison of intellectual property protection laws specifically regarding trade secrets …
Analisis Yuridis Terhadapstatus Hak Kepemilikan Permukiman Penduduk Di Atas Air, Irman Irman, Oksep Adhayanto, Rany Kartika Sari, Suryadi Suryadi
Analisis Yuridis Terhadapstatus Hak Kepemilikan Permukiman Penduduk Di Atas Air, Irman Irman, Oksep Adhayanto, Rany Kartika Sari, Suryadi Suryadi
Jurnal Hukum & Pembangunan
This research was conducted to examine whether Settlement on the water can be given ownership status as the right to land in theUUPA. The purpose of this study is to find out and analyze settlements on water, can the status of land rights be given as stipulated in the legislation, and with the hope that people who have houses and settlements on the water can obtain proof of ownership of land and buildings on the water. The research method usedis normative research, with a statutory approach and a historical approach. The results showed that although the Regulation of the Minister …
Perlindungan Terhadap Hak-Hak Perempuan Pekerjamigran Indonesia Dalam Undang-Undang Nomor 18 Tahun 2017: Perspektif Feminisme Legal Theory, Wabilia Husnah
Perlindungan Terhadap Hak-Hak Perempuan Pekerjamigran Indonesia Dalam Undang-Undang Nomor 18 Tahun 2017: Perspektif Feminisme Legal Theory, Wabilia Husnah
Jurnal Hukum & Pembangunan
Indonesian Migrant Workers (PMI) often experiencing physical, psychological, and sexual suffering. Indonesian Women Migrant Workers are also victims of trafficking. The implementation of Law of Indonesia No 18 Year 2017 is expected to protect Indonesian Women Migrant Workers. Thispaper will dissect the law through the perspective of the Feminist Legal Theory, to see whether the law has truly been able to fulfill all the rights of Indonesian Women Migrant Workers. This paper concludes that despite protecting Indonesian Women Migrant Workers, this law still feels gender blind. There are five weaknesses in this law, na mely: 1) not discussing the right …
No2.3064penerapan Omnibus Law Cipta Kerja Di Indonesia Efektif Atau Tidak?Studi Tinjauan Berdasarkan Sistem Hukum Di Indonesia, Dewi Sartika Putri
No2.3064penerapan Omnibus Law Cipta Kerja Di Indonesia Efektif Atau Tidak?Studi Tinjauan Berdasarkan Sistem Hukum Di Indonesia, Dewi Sartika Putri
Jurnal Hukum & Pembangunan
The overlapping of regulations in Indonesia makes Indonesian people uneasy in thismatter, business actors in implementing these various regulations. Besides overlapping regulations, the ineffectiveness of these regulations in terms of licensing submission procedures to the minimum supervision by the government has caused disappointmentfor many business actors who apply for licenses in opening their businesses. This can be an obstacle in the investment business climate in Indonesia. Therefore, President Jokowi in his speech at the time he was elected as the second President of Indonesia, alluded to the Omnibus Law on Employment Creation which meant simplifying regulations, especially in the licensing …
Perlindunganhak Cipta Terhadap Penggandaanpermainan Video, Ahmad Fajri Wibowo
Perlindunganhak Cipta Terhadap Penggandaanpermainan Video, Ahmad Fajri Wibowo
Jurnal Hukum & Pembangunan
2020AbstractCopyright protection is one of the systemsfor providing legal protection in creative industry. One of the creative industry that need copyright protection is video game industry. Developmentofvideo games in indonesia is very fast, therefore legal protection is needed to maintain the development of video game industry. Basically video game is an object of creation in indonesian copyright law number 28 year 2014 concerning copyright. In the development of the video game industry, there are problems that occur such as many copying of video game illegally. Thus, copyright protection have a significant role in protecting the video game industry.
Perlindungan Hak Pekerja Perempuan Melalui Sertifikasi Ham Perikanan Yang Berpersfektif Gender, Hesti Widyaningrum, Adi Nur Rohman
Perlindungan Hak Pekerja Perempuan Melalui Sertifikasi Ham Perikanan Yang Berpersfektif Gender, Hesti Widyaningrum, Adi Nur Rohman
Jurnal Hukum & Pembangunan
Indicators of Human Rights Compliance in Regulations on System and Certification of Human Rights in The Fisheries Sector make Business Actors potentiallyignore The findings of fisheries Human Rights violations that are not included in these indicators, the scopeof indicators of human rights compliance should not be limited also from The findings of Human Rights violations of Fisheries Workers and The method of recovery based on the initiative of The Business Actor as referred to in UNGPs (UN Guiding Principles onBusiness and Human Rights). The narrowness scope, too, has an impact on regulating The Rights Of Women Workers which is not …
Hapusnya Lembaga Parate Eksekusisebagai Akibat Hukum Putusan Mahkamah Konstitusi Nomor 18/Puu-Xvii/2019, Antonius Budi
Hapusnya Lembaga Parate Eksekusisebagai Akibat Hukum Putusan Mahkamah Konstitusi Nomor 18/Puu-Xvii/2019, Antonius Budi
Jurnal Hukum & Pembangunan
A security rights holder has 2 methods of carrying out executions without resorting to a lawsuit so that they can carry out executions quickly and easily: parate executie or executorial titles. In the Constitutional Court Ruling Number 18/PUU-XVII/2019, parate executie is considered as a continuation of theexecutorial titles. This causes the abolition of parate executie in fiduciary agreement, because now creditor who wishes to exercise parate executie must do so withthe consensus of the debtor or through legal methods. This is contrary to the legal theoryand function of parate executie which is summary execution outside the court system under creditors …
Elimination Of Non-Tariff Barriers Of Trade In Goods In The Asean Region: Will It Ever Work?, Garuda Wiko, Fatma Muthia Kinanti
Elimination Of Non-Tariff Barriers Of Trade In Goods In The Asean Region: Will It Ever Work?, Garuda Wiko, Fatma Muthia Kinanti
Jurnal Hukum & Pembangunan
Within the framework of the ASEAN Economic Community (AEC), there is a mandate to promote trade liberalization with the aim of increasing intra-ASEAN trade. The realization of the AEC includes the existence of the free flow of goods, services and investments within the ASEAN region. In terms of trade in goods, the regulations within the AEC framework are intended to promote the establishment of single markets and production bases in the ASEAN region that does not only require the elimination of tariff barriers, but also non-tariff barriers.This article concludethat the NTB Regulations in the AEC 2015 are not very well …
Orientasi Kebijakan Sistem Resi Gudang Di Indonesia: Suatu Pembacaan Dari Paradigma Critical, Siti Zulaekhah, Suteki Suteki, Paramita Prananingtyas
Orientasi Kebijakan Sistem Resi Gudang Di Indonesia: Suatu Pembacaan Dari Paradigma Critical, Siti Zulaekhah, Suteki Suteki, Paramita Prananingtyas
Jurnal Hukum & Pembangunan
The formation of public policies, including the Warehouse Receipt System in Indonesia, is based on interests, whether sourced from the internalstate or originating from external or other countries environmental factors. Adaptation to external factors cannot be denied because the Indonesian Government has to follow the mechanism that is enforced internationally, mainly in the commercial and financial fields, including banking. This paper aims at analyzing the direction of the warehouse receipt system policy in Indonesia, identifying and describing the policy of the warehouse receipt system and describing it based on the reading of the critical paradigm, and exploring the potential for …
Problema Pidana Mati Terhadap Pelaku Tindak Pidana Narkotika Dalamsistem Hukum Indonesia, Ade Mahmud
Problema Pidana Mati Terhadap Pelaku Tindak Pidana Narkotika Dalamsistem Hukum Indonesia, Ade Mahmud
Jurnal Hukum & Pembangunan
The polemic ofcapitalpunishment inthe Indonesian legal system has long reaped a contra cons that never ends. People who oppose capital punishment have reasoned because this criminal is inhumane and ineffective, capital punishment is considered counter productive withthe aimof punishment, especially in overcoming the problem of illicit drug trafficking. That is why most European countries have decided to abolish capital punishment for all forms of crime, but developing countries, including Indonesia, still maintain it because it is seenas a form of punishment worthy of dealing with serious crimes. The discussion on capital punishment cannot be separated from the issue of basic …
No2.3061determinasi Keuangan Negara Guna Mewujudkan Keadilan Sosial (Social Equity) Bagi Seluruhrakyat Indonesia, Dian Puji Nugraha Simatupang
No2.3061determinasi Keuangan Negara Guna Mewujudkan Keadilan Sosial (Social Equity) Bagi Seluruhrakyat Indonesia, Dian Puji Nugraha Simatupang
Jurnal Hukum & Pembangunan
State finances in Indonesia is not totally determined by the social equity factor because they tend to be determined by the leadership of the government, so the meaning of state finances in order to realize the goals of the state is very dependent on the model and typical of the President as the holder of the highest state financial management in Indonesia.Such conditions cause state finances to be planned,budgeted, and accounted for with models and mechanisms in accordance with the Presidents management concept, and not on the concept of realizing the goals of the state to achieve social justice. This …
Hak Dan Kewajiban Negara Pemiliki Instalasi Lepas Pantai Terhadapnavigasi Internasionalmenuruthukuminternasional, Hanna Adistyana Hefni
Hak Dan Kewajiban Negara Pemiliki Instalasi Lepas Pantai Terhadapnavigasi Internasionalmenuruthukuminternasional, Hanna Adistyana Hefni
Jurnal Hukum & Pembangunan
Along with the times, the types and methods of exploration and exploitation of the seaare also experiencing developments, such as oil and gas drilling offshore and the construction of offshore installations to smooth the process of oil andgas exploitation and production. The emergence of other objects besides ships in the waters certainlybecomes a problem for international navigation activities which have long been the activities of nations since ancient times. Therefore this paper discusses the rights and obligations of the countries that have offshore installations to international navigation according to international law. The method used in this paper is a normative …
Peranan Perusahaan Penjaminan Dalam Mengatasipermasalahan Umkm Mengakses Kredit Di Sektor Perbankan(Setelah Berlakunya Undang-Undang Nomor 1 Tahun 2016 Tentang Penjaminan), Luh Putu Prema Shanti Putri Saraswati
Peranan Perusahaan Penjaminan Dalam Mengatasipermasalahan Umkm Mengakses Kredit Di Sektor Perbankan(Setelah Berlakunya Undang-Undang Nomor 1 Tahun 2016 Tentang Penjaminan), Luh Putu Prema Shanti Putri Saraswati
Jurnal Hukum & Pembangunan
Micro, Small and Medium Enterprises (MSMEs) have an important role in the development of the Indonesian economy.So far, MSMEs are still faced with various kinds of obstacles,one of which is that MSMEs still face problems related to limited access to funding to financial institutions.Limited access to funding to financial institutions is partly due to the limited assets owned by MSMEs to be used as collateral for bank loans.Guarantee is theactivity of providing guarantees by the Guarantor for the fulfillment of Guaranteed financialobligations to the Recipient of the Guarantee.Guarantee Company is a legal entity engaged in finance with the main business …
Traditional Knowledge – The Changing Scenario In India, Ajoy Jose, Padmavati Manchikanti
Traditional Knowledge – The Changing Scenario In India, Ajoy Jose, Padmavati Manchikanti
Indonesian Journal of International Law
India is a party to the CBD, which came into force on 29 December 1993. It has three main objectives, namely the conservation of biological diversity, the sustainable use of its components and fair and equitable sharing of benefits arising out of the utilization of genetic resources. CBD envisages that the benefits accruing from commercial use of TK have to be shared with the people responsible for creating, refining and using this knowledge. Art 8(j) of the CBD provides for respecting, protecting and rewarding the Knowledge, Innovations and Practices (KIP) of local communities. Realizing the need to ensure that the …