Law of the Sea Commons^™

Tinjauan Yuridis Notifikasi Merger Dalam Hukum Persaingan Usaha : Studi Kasus Pt Fks Multi Agro Tbk, Muhammad Surya Mustariyakuma

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Mergers, Consolidations and Acquisitions are corporate actions that commonly occur in the business world. The corporate action is a means for companies to strengthen its position in the market and maximize corporate profits. But on the other hand, the Merger, Consolidation and Acquisition also has the potential to lead to anti-competitive practices by joining two large companies so as to dominate the market share and kill other business actors. Law No. 5 of 1999 explicitly regulates the provisions of mergers, consolidations, and acquisitions, namely articles 28 and 29. Furthermore, the technical provisions regarding merger notification are regulated in Government Regulation …

Transplantasi Hukum Prinsip National Treatment Dalam Undang-Undang Penanaman Modal Indonesia, Desky Setiawan

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Foreign investment is one of the important elements of development for developing countries. Indonesia as a developing country needs to make efforts to pull foreign investment into the country. One of the efforts is by transplanting international legal principles aimed at foreign investor protection, such as National Treatment Principle which gives protection to the foreign shareholder by providing the same treatment to the foreign investor and domestic investor, therefore, creating a level playing field for business in the country for foreign and domestic investors alike. The legal transplant of international legal principles must also consider the existing legal rules and …

Menjaga Netralitas Pegawai Aparatur Sipil Negara, Delima Sianipar

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The national purposes as stated in the 4th paragraph of the Preamble of the Constitution of the Republic of Indonesia year 1945 are to protect the whole people of Indonesia and the entire homeland of Indonesia, and in order to advance general prosperity, to develop the nation’s intellectual life,and to contribute to the implementation of a world order based on freedom, lasting peace and social justice. To achieve those purposes, the state needs civil servants that are professional, independent from political intervention, practices of corruption, collusion and nepotism, have capability to perform public services for the people and capable of …

Implication Of Regional Tax Regulation For The Investment Climate And Its Relation With Omnibus Bill On Taxation, Debora Kristina Doloksaribu

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The granting of autonomy to the regions is intended to provide democratic space and public participation. Legal certainty in the administration of regional government specifically related to taxes is very crucial, specifically for economic development, as it affects the investment climate. Any discrepancy between regional and central policies is seen as an obstacle in optimizing investment performance in the regions. The Government has proposed a Bill on General Provisions and Tax Facilities for Strengthening the Economy or also known as the Omnibus Bill on Taxation which regulates, among other things, regional tax and regional levy. One of principal arrangements in …

Analisis Perlindungan Hukum Rahasia Dagang Menurut Undang-Undang Rahasia Dagang Di Indonesia Dan Amerika Serikat, Chairinaya Nizliandry

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Rapid economic growth encouraged tighter competition so that business doers can survive in its industry. In their efforts to survive in its industry, a handful of rogue business doers have justified various methods, including violating intellectual property rights. That is what the owner of CV Tiga Putra Berlian did. However, not in line with the Trade Secret Law, the District Court Judge in this case decided to release him. If he adheres to the trade secret law in Indonesia, the act must be deemed to have fulfilled the elements of a trade secret violation by law and must be punished …

Politik Hukum Pengambilalihan Flight Information Region (Fir) Dari Singapura, Canris Bahri P.S

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Sovereignty is one of the conditions for the establishment of a country, the sovereignty of the state is the full and highest power in a country to regulate its entire territory which includes land, water and air space above it without interference from the governments of other countries. State sovereignty in airspace based on the 1944 Chicago convention on International Civil Aviation is "Complete" and "Exclusive". Recognition of the Archipelago's Sovereignty based on the 1982 International Convention on the Law of the Sea (UNCLOS) also includes the air space above it. However, there are problems that arise in the implementation …

Jaminan Keamanan Data Pribadi Warga Negara Dalam Penyelenggaraan Urusan Pemerintahan Berbasis Elektronik (E-Government), Bunga Asoka Iswandari

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Indonesia has now entered the industrial revolution 4.0 which has introduced many work system procedures and procedures that use technology. Technology is here to make it easier for humans to complete all work quickly and efficiently. Technology is also present in the government system in Indonesia. The growth and development of technology in Indonesia provides a great opportunity for the bureaucracy to be able to carry out reforms to deal with bureaucratic weaknesses so far. To make the implementation of the bureaucracy in Indonesia efficient and optimal with the help of technology, the government implements an electronic-based government system, also …

Politik Hukum Pembentukan Peraturan Perundang-Undangan Keuangan Syariah Di Indonesia, Budiman Budiman

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Since ennacted of Law Number 10 Year 1998 concerning Amendment of Law Number 7 Year 1992 concerning Banking, which regulates banking activities based on sharia principles, the new era of growth of regulations in the financial services sector, not just in the banking sector, but also in the field of non-bank financial services. The enactment of Islamic financial laws and regulations takes place rapidly from year to year. The legal policy of establishment laws and regulations in the field of Islamic financial services is to make Islamic law in the field of financial services become a positive norm so that …

Perlindungan Hukum Terhadap Bentuk Fiksasi Dalam Karya Musik Berdasarkan Perkembangan Undang-Undang Hak Cipta, Boy Brian E.S

"Dharmasisya” Jurnal Program Magister Hukum FHUI

This journal aims to discuss the protection of copyright law against tapes converted into the form of a sound recording or a tool shaped CD (Compact Disc), in addition it is to discuss how enforcement against violations fixation in a piece of music that is poured into a recording tool so that it can be enjoyed through the CD. This journal will discuss about the forms of piracy which often occur in the field of copyright songs and music. In this journal will be discussed also about violations in the field of copyright songs or music that will be penalized …

Urgensi Perlindungan Hukum Atas Simpanan Uang Elektronik, Abdurrahman Marahimin

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The use of electronic money shows positive developments, but is not accompanied by the development of regulations that provide legal protection to its users, especially with regard to the loss of electronic money. The problem in this study is how the legal protection for electronic money deposits and how the form of protection for electronic money deposits in the future so as to ensure the safe use of electronic money. This study uses a normative juridical method, using secondary data and using qualitative data analysis methods. The results of the study stated that the IDIC does not have the authority …

Politik Hukum Pertambangan Dalam Pelaksanaan Kewajiban Pengolahan Dan Pemurnian Mineral Dan Batubara Di Indonesia, Ahmad Nugraha Abrar

"Dharmasisya” Jurnal Program Magister Hukum FHUI

This study discusses the politics of mining law in the implementation of the obligation to process and purify minerals and coal to improve the quality of minerals and coal in Indonesia. The research focuses on the legal politics that occur in the implementation obligations in developing mineral and coal processing and refining in the country to improve the quality of minerals and coal before being exported abroad. This study also discusses the paradigm of mining regulations in processing and refining since the mining law in post-independence to reformation. The results of this study indicate that there are still problems in …

Pemanfaatan Dan Perlindungan Hukum Terhadap Sumber Daya Air Dalam Perspektif Investasi Dan Kesejahteraan, Arindita Pratiwi

"Dharmasisya” Jurnal Program Magister Hukum FHUI

As a natural resource that can be renewed and is an unlimited energy, water has an important role in meeting the daily needs of humans and other living things, without water there would be no life. The presence of the state in managing water resources for the greatest welfare of the people is a manifestation of the state's control over water resources as mandated by Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia and is the state's obligation to fulfill the people's rights to water. In fulfilling the need for clean water for all its …

Regulating The Autonomous Ocean, Annie Brett

Brooklyn Law Review

The rapid rise in aerial drone use and the future deployment of self-driving cars have both spurred extensive legal and social debate. Autonomous vessels on the ocean, on the other hand, have largely escaped detailed scrutiny, even as they are reshaping the landscape of human interactions with the ocean and creating novel challenges for national and international legal regimes. Autonomous vessels are being captured while spying on other countries, raising concerns about national security and surveillance regimes. The Coast Guard is using enforcement loopholes to justify abandoning many of their autonomous vessels at sea, in flagrant violation of national and …

Article 76 Of The Un Convention On The Law Of The Sea: Parties And Non-Parties, Kevin A. Baumert

International Law Studies

One of the foremost contributions of the UN Convention on the Law of the Sea is its Article 76 pertaining to the continental shelf. Article 76 defines the continental shelf and sets forth detailed rules for determining its outer limits. It also introduces the Commission on the Limits of the Continental Shelf, one of the three institutions created by the Convention. This article addresses the universality of Article 76, in particular the degree to which its provisions are legally applicable to all States, including non-parties to the Convention. In doing so, the article considers the recent jurisprudence of the International …

Criminal Law Policy In The Field Of Fishery Based On Indonesia’S International Obligation, Marimin Marimin, Lazarus Tri Setyawan, Rb Sularto

Indonesian Journal of International Law

The Indonesian Fisheries Law has determined criminal threats for perpetrators of illegal fishing in the ZEEI. In practice, there are differences in the application of imprisonment instead of fines for Indonesian citizens and foreign nationals who do illegal fishing. Such differences create injustice for Indonesian citizens. The results of the study indicate that criminal law policies in the field of fisheries need to be based on justice, in the sense of equality before the law. Foreign nationals who catch illegal fishing in the ZEEI are subject to imprisonment instead of a fine, while foreign nationals are not. Therefore, the Fisheries …

The Impacts Of Sea Level Rise And The Law Of The Sea Convention: Facilitating Legal Certainty And Stability Of Maritime Zones And Boundaries, Davor Vidas, David Freestone

International Law Studies

It seems clear that the impacts of sea level rise were not contemplated by the drafters of the 1982 Law of the Sea Convention during UNCLOS III. Legal scholars began to identify these issues in the early 1990s but the establishment and work of the International Law Association (ILA) Committee on International Law and Sea Level Rise has drawn increased attention to the importance of this issue that is now being considered by a Study Group of the International Law Commission. This article traces the remarkable and swift evolution over the last decade of State practice on the interpretation of …

Reflecting On Unclos Forty Years Later: What Worked, What Failed, Raul (Pete) Pedrozo

International Law Studies

The United Nations Convention on the Law of the Sea (UNCLOS) was opened for signature on December 10, 1982, after nine years of painstaking debate. Hailed as “A Constitution for the Oceans,” the Convention was immediately signed by 119 States, a remarkable number given the contentious and complex nature of the negotiations, and today has 168 parties. The intent of the Conference that drafted the treaty was to produce a comprehensive and universally accepted convention covering every aspect of the uses and resources of the oceans that would stand the test of time. This article analyzes the various provisions of …

The Fortieth Anniversary Of The United Nations Convention On The Law Of The Sea, Bernard H. Oxman

International Law Studies

The UN Convention on the Law of the Sea opened for signature on December 10, 1982. In commemoration of this important date, International Law Studies opens its 40th Anniversary Forum with this keynote compendium essay from Bernard Oxman.

"The most basic object of the U.N. Convention on the Law of the Sea was to replace a system of conflicting unilateral claims of right with global agreement on the rules of the law of the sea and the process for their implementation, interpretation, and application. That remains the Convention’s most significant contribution to the rule of law in international affairs. Its …

The Legal Framework Applicable To Intrusive Intelligence, Surveillance, And Reconnaissance Operations In The Air And Maritime Domains, Raul (Pete) Pedrozo

International Law Studies

The validity of intrusive intelligence, surveillance, and reconnaissance (ISR) operations in the maritime and air domains depends on the location from which the operation is conducted. Intrusive ISR conducted beyond the territorial sea and national airspace is considered an internationally lawful use of the sea that is not subject to coastal State jurisdiction or interference. Efforts by a handful of States to regulate ISR operations in and over the exclusive economic zone are clearly inconsistent with a plain reading of the United Nations Convention on the Law of the Sea and the Convention on International Civil Aviation (and their negotiating …

The Role Of The Foreign Cause In The Exemption Of The Marine Carrier From Liability In Accordance With The Rotterdam Rules: A Comparative Legal Study, Mohamed Sayed Harb Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

The search revolves around the role of the foreign case in exempting the maritime carrier from liability according to Rotterdam Rules, through which we study the position of the Rotterdam Rules on the foreign cause compared to Egyptian, French and Saudi law. Accordingly, we deal with the definition of the foreign cause and its cases that are consistent with the subject of the study, As well as clarify the extent of the authority maritime carrier to foreign cause to exclude its liability for damage or loss of goods or damage caused by delays in delivery; Beside examine the impact of …