Law Commons^™

Bentuk Penanaman Modal Asing Bangkok Bank Di Indonesia Berdasarkan Hukum Penanaman Modal, Desi Ariani Sinulingga

Jurnal Hukum & Pembangunan

Investment is part of the implementation of the country's economy which aims to increase national economic growth, create jobs, and encourage national economic development so that a prosperous, equal, and prosperous society can be realized. Investment regulation in Indonesia has been started since the issuance of Act Number 1 of 1967 concerning Foreign Investment and Act Number 6 of 1968 concerning Domestic Investment. Both regulations have been revoked by Act Number 25 of 2007 concerning Investment, and part of the provisions have been amended by the Omnibus Act Number 11 of 2020 concerning Job Creation. Foreign investment in Indonesia can …

Tanggung Jawab Hukum Inventor Atas Invensi Kecerdasan Buatan (Artificial Intelligence) Di Indonesia, Deslaely Putranti, Kurnia Dewi Anggraeny

Jurnal Hukum & Pembangunan

The pace of technological development can no longer be restrained until the emergence of artificial intelligence (AI) which later, turns out to have a negative impact on its application. AI is a computer system program created by humans. However, the invention of AI in one hand makes human work easier, it is also noticeable that there are several criminal cases "performed" by AI. This research is qualitative research with doctrinal research. The data used include secondary data consisting of primary, secondary and tertiary legal materials. The method of data collection is done through document study. This research concludes that the …

The Effectiveness Of The Aceh Ombudsman Representative’S Maladministration Handling: An Insider Perspective, Muazzinah Muazzinah, Saiful Akmal, Amrul Fadhil, Reza Fathurrahman

BISNIS & BIROKRASI: Jurnal Ilmu Administrasi dan Organisasi

The Ombudsman of the Republic of Indonesia oversees public services, particularly timely responses to reports. Since 2018, the Aceh Representative of the Indonesian Ombudsman handled 150 reports. It is interesting to investigate how well the Ombudsman dealt with these reports. This study examines the effectiveness of the Aceh Representative of the Indonesian Ombudsman in handling reported maladministration cases using a qualitative approach. The research data were gathered through interviews and document reviews by referring to Steer’s (1976) formulation of organization effectiveness, which includes productivity, adaptability, communication, job satisfaction, and human resources. The productivity, communication, and flexibility indicators are adequately effective, …

Customary Law Or State Law: The Settlement Of Marine Resource Disputes In The Kei Islands Community, Andreas M.D. Ratuanak, Sulistyowati Irianto, Ratih Lestrarini

The Indonesian Journal of Socio-Legal Studies

The people of the Kei Islands have known cases settlement system since the olden days, namely the Customary judiciary, a forum in the Larvul Ngabal customary law system that holds a high authority, which is obeyed by the community and is often the main choice in resolving disputes. With a field study approach, this study aims to explain how the settlement process of natural resources disputes by a “customary judge” in the Kei Islands is still used as a reference by the community. What are the reasons? This study discovered that customary settlement forums are still used to resolve …

The Role Of Expropriation Clauses In Protection And Promotion Of Foreign Investments In Renewable Energy: An Essential But Overlooked Legal Consideration, Moosa Akefi Ghaziani, Mohammad Akefi Ghaziani

Indonesia Law Review

Today the world is tackling climate change. The global threat of energy poverty along with the growing need for energy has escalated this crisis. The promotion of renewable energy sources is widely known as the main solution to this challenge. Many International and regional agreements address various aspects of renewable energy development such as trade, transit, security, and investment. Since not all states have the financial and technological abilities to develop this sector, foreign investment is recognised as a crucial prerequisite for the global deployment of renewable energies. Various investment agreements are signed to facilitate and promote investments. These instruments …

Living In A Legal Limbo: Mechanisms To “Fix” The Legal And Social Positions Of Unregistered Children In Indonesia, Hoko Horii, Theresia Dyah Wirastri

The Indonesian Journal of Socio-Legal Studies

This paper examines the reasons and consequences of a lacking birth-registration in Indonesia, as well as the mechanisms to ‘fix’ it. In order to avoid the legal and social consequences of the lack of registration, creative and ad-hoc solutions are crafted – not only by the individual families who face the problem, but also by their community, including local and state actors who are involved in the mechanisms and paperwork. These mechanisms exist also because of state’s reluctance to enforce regulation related to unregistered marriage and children born into unregistered marriage as these matters are religiously and culturally delicate. We …

Can Affordable Homes Be Healthy? Legal Strategy, Socio-Legal Studies And Activism In Indonesia, Santy Kouwagam

The Indonesian Journal of Socio-Legal Studies

This article uses two Constitutional Court decisions in Indonesia to exemplify the importance of analysing legal strategies. These decisions declared a rule barring developers from building and selling tiny houses to be unconstitutional and invalid. The article shows that ‘justice’ in legal procedures still needs further definition, and that judges’ elaboration of decisions and their legal reasoning still needs improvement. The article will first discuss the cases, using Legal Strategy analysis. It will then highlight problems with the commoditisation of houses. Finally, it will argue that the problem of unhealthy and unaffordable housing in Indonesia can be resolved, by bringing …

Can Big Data Achieve Environmental Justice?, Dina Sunyowati, Masitoh Indriani, Annisa Firdhausy, Mochamad Kevin Romadhona

Indonesian Journal of International Law

Big data and analytical tools are being used by agricultural startup companies to develop their application performance. Generally, big data is a term that describes a large volume of structured and unstructured data. A few goals of its utilization include promoting environmental justice, improving energy efficiency, as well as tracking climate change by introducing ‘smart farms’. However, the utilization is accompanied by some flaws, such as legal regulatory issues involving the gap between applied technology and global government policies. There is also increased development of agricultural applications in Indonesia, which led to the initiation of a digitization program for plantation …

An Overview Of The Regulations Of Corporate Social Responsibility (Csr) Labelled Product, Zaid Zaid

Indonesia Law Review

Over the last 5 years, Indonesia has experienced an emergency of illegal products. Most of them are imported products that do not have adequate labeling standards which can adversely affect both domestic or national trade and stakeholders. On the other hand, product labels are one of the most effective ways to detect the legality, safety, and warranty of a product. This article aims to explore and analyze how the role of product labels can protect and cover social interests. In addition, this research also tries to observe how ethics and laws or regulations regulate product labels to provide a moral …

An Analytical Study On Legal Validity Of Online Dispute Resolution (Odr) System In India And Indonesia, Dr Rahul Nikam, Bangkim Singh Nongthombam

Indonesia Law Review

Advancement in technology brought many inevitable changes with more efficiency, making human life easier. Benefit of technology shall be incorporated for effective and efficient justice delivery in dispute resolution mechanism. New development in this area is online arbitration dispute resolutions (ODR) which have been without doubt adopted and practices by justice delivery system across the globe. But the question remains the same as whether justice delivery system is equipped to cope up in the same pace with the changes taking place in the society and technology. Are the existing laws being enough to conduct online system as an effective mechanism …

Sanctioning Ideas: Alternative International Law Argument In Defence Of Indonesia’S Ideological Curtailment On Societal Organization, Billy Esratian

Indonesia Law Review

Engulfed in a constant ideological challenge from various societal organizations, Indonesia inflicts an ideological curtailment measure as an attempt to defend the reign of its state ideology, Pancasila. To this end, societal organization is barred to actively adopt, develop, and spread any teaching or idea which contradicts Pancasila. From international law standpoint, assertion over the measure’s incompatibility with human rights norms emerges. Although, a portion of the justification conveyed by the Government of Indonesia did stipulate a reference to international human rights law regime by virtue of the invocation of state of emergency and a presumably regional norm, such defence …

Rediscovery Of The Living Law In Natural Disaster Mitigation In Majene Regency, West Sulawesi Province, Indonesia, Rahmat Bakri, Sulbadana Sulbadana, Saharuddin Saharuddin3, Asria Wayuni Ahmad

Indonesia Law Review

The living law and state law are two schools of law that are always dialectical in the development of law in a country. If the two can be synergized properly, then the legal function will run effectively and the legal objectives will be achieved. In the context of natural disaster mitigation in Indonesia, the synergy between the living law and state law can be proposed as a solution to streamline the various existing laws. This study aims to reidentify natural disaster mitigation models a previous result of the collective creativity of the people of Totolisi Sendana Village, Majene Regency, West …

The Non-Applications Of Good Faith, Trust, And Confidentiality In Arbitration: A Study Of The Annulment Cases In Indonesia, Anangga W. Roosdiono, Muhamad Dzadit Taqwa, Mayta Ciara Salsabila

Indonesia Law Review

Arbitration is a dispute resolution method that is chosen by the parties for, mainly, avoiding weaknesses of resolving disputes through the general court. It has three principles, that strongly connect to one another, to hold: good faith, trust, and confidentiality. These principles determine whether a dispute resolution through arbitration will be successful. However, in many - if not all - cases, many disputing parties still do not maintain these principles. This reality can be observed in annulment cases. Although the annulment mechanism renders a protection to the parties from the errors made by intention, this mechanism opens an opportunity for …

Most Favoured Nation Clause: Unleashing Its Legal Potential In Favour Of Foreign Investors In Renewable Energy Sector, Mohammad Akefi Ghaziani, Vahid Akefi Ghaziani, Moosa Akefi Ghaziani Dr.

Indonesia Law Review

International Investment Law and other international legal systems, such as trade law and environmental law have interactions and dynamic interrelationships in meeting global challenges including energy security, climate change, and the need for the renewable energy transition. They help in delivering the principles of justice in the context of changing global values and legal practices. Accordingly, they have a potential share in the global climate change mitigation agenda through innovative policies and regulations, inter alia, to facilitate and promote foreign investment and trade in the renewable energy sector. Similarly, these systems have common principles in their respective agreements. The Most-Favoured …

The Feud Of Nemo Plus Iuris Ad Alium Transferre Potest Quam Ipse Habet And Nemo Dat Quad Non Habet (Nemo Dat Rule) Legal Principles Against The Legal Principle Of Good Faith (Bona Fides) In Indonesian Courts, Yonatan Yonatan, Rosa Agustina

Indonesia Law Review

Abstract

A dispute over ownership of land rights between the real Original Owner and a Good Faith Purchaser can be assumed as a dispute over legal principles in the field of civil law, namely: the legal principle of Nemo Plus Iuris Ad Alium Transferre Potest Quam Ipse Habet, and the legal principle of Nemo Dat Quad Non Habet (Nemo Dat Rule) against the legal principle of good faith (bona fides). The legal principle of Nemo Plus Iuris Ad Alium Transferre Potest Quam Ipse Habet and the legal principle of Nemo Dat Quad Non Habet (Nemo Dat Rule) are legal principles …

Where Kindness Is Calculated: Refugee Regimes In South Asia, Shuvro Prosun Sarker, Shreyasi Bhattacharya

Indonesian Journal of International Law

South Asia, as part of SAARC treaty, comprising of nations such as Afghanistan, Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan and Sri Lanka is not a part of any common system of governance in protecting refugee. These nations have developed their own preference of protection through their practices coupled with mysterious unwillingness to accept international obligations and responsibilities while choosing certain refugee groups to welcome and certain to refuse. Based on this, the article starts with the proposition that this kind of a preferential protection practice that these States have adopted largely, refers to a regime of calculated kindness that …

Traditional Knowledge And Twail, Gunjan Deshpande

Indonesian Journal of International Law

Traditional Knowledge (TK) is a deep-rooted notion in the Indian culture, it is the knowledge that has been passed on for centuries and is governed by the traditional customary laws. It applies to everything from food storage, agriculture to medicine to the preservation of the environment. TK are protected by national or regional laws that provide limited protection. There have been various instances where Indian TK was patented outside India some of the examples are Turmeric, Amla, and Neem. TK is the base of modern science and technology, as it is derived from a strong cultural heritage that is vital …

Geostationary Orbit Slot Reconceptualization In Accommodating The South, Yaries Mahardika Putro, Ridha Aditya Nugraha, Taufik Rachmat Nugraha

Indonesian Journal of International Law

Geostationary Orbit (GSO) located above the equator is deemed as limited resources with strategic position for satellites in outer space. As today, the majority who possess GSO slots are non-equatorial states, in this context developed countries. The distribution of orbital slots in the GSO has been discussed among scholars from the developing states for decades. In the past, the developing states ever formed the “Bogota Declaration” aimed to ensure the developing states possess special rights over the GSO slot. The declaration arose from the distribution of the GSO slot by unequal treatment and dissatisfaction to the International Telecommunication Union (ITU) …

Is The United Nations A Locus Of International Order Imperiality Maintenance? Reflections From The South West Africa Case And Chagos Archipelago Advisory Opinion, Tatiana Cardoso Squeff, Augusto Carrijo, Murilo Borges

Indonesian Journal of International Law

The international legal order, seen through third world lenses, is not only embedded with Europe’s colonial past, but also a regime that assimilates the non-European being, its relations and knowledge. Consequently, the possibility of changing such framework is almost an impossible task, being it constantly rejected by hegemonic powers, that is, by a limited number of nations that have been placed in the center of the world order in the turn of modernity and that have not left. Some may argue, yet, that the United Nations presented the international legal order with a different path, breaking with such an imperial …

Kepastian Hukum Terhadap Investor Hutan Tanaman Industri Pasca Terbitnya Peraturan Pemerintah Nomor 57 Tahun 2016 Tentang Perubahan Atas Peraturan Pemerintah Nomor 71 Tahun 2014 Tentang Perlindungan Dan Pengelolaan Ekosistem Gambut, Arman Nefi, Suhardi Fonger, Andy Akbar

Technology and Economics Law Journal

One of the natural resources that become strategic assets and have economic function to support the development of national economy is forest. Investments in pulp and paper factories certainly depend heavily on the availability of raw materials from plantations that support their production capacity. Therefore, the industrial timber estate businessmen who have been given license certainly have hope that the given area can be used as much as possible. In order to preserve the peat ecosystem, the government in 2014 issued Government Regulation No. 71/2014 tentang Perlindungan dan Pengelolaan Ekosistem Gambut. Under this policy, there will be such land designated …

Distorsi Hak Moral Dalam Orbit Digital, Henry Soelistyo

Technology and Economics Law Journal

No abstract provided.

Analisis Sengketa Dagang Merek Terkenal Antara Tbl Licensing Llc Dengan Timberlake Indonesia (Studi Kasus Putusan Mahkamah Agung Nomor 42/Pdt.Sus-Merek/2020/Pn.Niaga.Jkt.Pst), Trini Diyani, Agus Sardjono

Technology and Economics Law Journal

No abstract provided.

Sifat Hukum Hak Cipta Sebagai Kebendaan Sui Generis, Agus Sardjono

Technology and Economics Law Journal

No abstract provided.

Penindakan Terhadap Aplikasi Pinjaman Online Ilegal Di Google Play Store, Nada Ulya Qinvi, Brian Amy Prastyo

Technology and Economics Law Journal

No abstract provided.

Legal Aspect Of The Right To Be Forgotten (Rtf) On Social Media In Indonesia, Ahmad M Ramli, Tasya Safiranita, Denindah Olivia, Reihan Ahmad Millaudy

Technology and Economics Law Journal

Social media as a digital platform has a highly specialized design. Firstly, the content distribution is massive and instantaneous; and secondly, all the information and contents contained in the social media are relatively permanent, almost eternal, and are easily accessible even though it has been for decades. Furthermore, it is becoming easier to find sources of information with a search engine, such as Google, that can display up to millions of search results in a fraction of a second. The guarantee of the right to privacy is, then, related to a new right that was first recognized on the European …

Feminism And The Birth Of Sexual Crime As International Crime And The Challenge Of Its Implementation In The Future, Zunnuraeni Zunnuraeni, Rehulina Tarigan, Erlies Septiana Nurbani, Aisyah Wardatul Jannah

Indonesian Journal of International Law

The existence of international sexual crimes in international court jurisprudence and the international law instruments have evolve as an extensive crime from the abundance crime of outrages upon personal dignity, yet still have to front some challenges to attain triumph in its enforcement. This article aims to observe the sexual crimes as international crime in some aspect, namely, its development and the contribution of feminism, the challenges on the law enforcement against international criminal law and the position of feminism in addressing those challenges. In every stage of sexual crimes evolution as international crimes, feminism hold important contribution. Their impact …

States Responsibility To Eradicate Violence Against Women Through The Due Diligence Framework In Human Rights: A Review Of Protection And Punishment In The Case Of Indonesia, Zenny R. Dewantary, Noraida Endut

Indonesian Journal of International Law

In 2016, Zarizana Abdul Aziz and Janine Moussa developed the ‘Due Diligence Framework of States Responsibility in the Elimination of Violence against Women (VAW)’, based on a study their team conducted worldwide beginning in 2011. The framework establishes five domains of due diligence in assessing states responsibility (the “5Ps”) in eliminating VAW: prevention; protection; prosecution; punishment of perpetrators, and provision of redress and reparation for victims/survivors. States are responsible to uphold human rights protection for all people, particularly in eliminating VAW without any discrimination. Indonesia constituted protection measures through laws pertaining to VAW but there are barriers in effectively protecting …

State Immunity And Inter-State Negotiations On Korean Comfort Women, Dimitris Liakopoulos

Indonesian Journal of International Law

This study aims to analyze the situation of comfort women and the acquired jurisprudence, as well as a comparison regarding slavery and the protection of human rights at the international level. It also examines the protection of human rights, international responsibility, crimes committed with impunity, interstate agreements, state immunity, victim reparation, and international jurisprudence. A comparative method was used to analyze tribunal sentences at the International Court of Justice (ICJ) or the national level of Italian constitutional law. However, international responsibility is important because it helps to protect slavery and human rights. The argument of comfort women includes the right …

Indonesia’S Extraterritorial Obligation To Protect The Human Rights Of Individuals From Transboundary Haze Pollution, Yogi Bratajaya, Diajeng Wulan Christianti, Ahmad Gusman Catur Siswandi

Indonesian Journal of International Law

Ever since the late 1980s, forest fires located in Indonesia have resulted in haze pollution which engulfs the Southeast Asian region almost annually. This paper argues that Indonesia is extraterritorially obligated to ensure the human rights of individuals outside its territory as a result of its failure to prevent the haze pollution. It analyzes the extraterritorial application of Article 2(1) of the International Covenant on Civil and Political Rights (ICCPR), arguing that an individual whose human rights have been adversely affected by transboundary environmental harm is deemed ‘subject to the jurisdiction’ of the originating state. Applying this interpretation, individuals located …

Necessity Of Establishing A Un Specialized Agency For Protection Of Gender Equality, Maziyar Shokrani, Nirmala Many

Indonesian Journal of International Law

A number of recent global issues such as COVID, rise of the Taliban in Afghanistan, inter-state and intra-state conflicts, and gender inequality in Iran show the unprecedented violence against women and other disadvantaged segments of the societies around the globe despite the restless efforts of existing organizations such as the UN Women to protect women’s right, and in broader sense promote gender equality. The lack of efficiency is partly due to its institutional capacities e.g. lacking independence, founding treaty, law-making/treaty making powers and, developed institutional structures and enforcement powers. This article investigates the shortcomings of the UN Women in fulfilling …