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 …

Disordered Law: Obama To Trump Executive Branch Orders Mandating Non-Enforcement Of International Treaties, Steven Ferrey

Suffolk University Law School Faculty Works

The Trump Administration asserted an obscure legal doctrine to refuse to follow the direct order of a federal court enjoining its unilateral executive actions not to enforce

• One of the oldest international environmental treaties
• affecting the most capital-intensive industry in the U.S.
• providing the essential resource undergirding the modern world economy,
• as well as the primary renewable energy technology utilized in the U.S.
• at a time with lasting warming of our climate exceeding what the United Nations identifies now as “tipping points that are irreversible within the time span of our current civilization.”

This article …

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 …

Upaya Pemerintah Terhadap Perlindungan Ekspresi Budaya Tradisional Batik Motif Parang Sebagai Warisan Budaya Dunia, Raden Zulfikar Supinarko Putra

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

Batik is not just a design on a piece of cloth, more than that, batik is a soul that blends in the procession of Indonesian society. Since the baby has been carried with a batik cloth, weddings wear batik cloth until when they die they will be covered with batik cloth too usually. This fact become a consideration for UNESCO to establish Indonesian Batik as a Masterpieces of the Oral and Intangible Heritage of Humanity in the Fourth Session of The Intergovernmental Committee. This research uses a normative legal research method that is descriptive and analytical using a statutory …

Perbedaan Akad Wakalah Bil Ujrah Dan Akad Qard Terhadap Permasalahan Akad Pembelian Barang Dalam Kehidupan Sehari-Hari, Zendy Sellyfio Ardiana

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

The wakalah bil ujrah and qard contract are contracts that often cause difficulties in implementing the purchase of goods in everyday life, both in safekeeping for purchasing goods and for buying and selling in general. Where if it is wrong in its application, it can cause income in a sale and purchase to be haraam due to an error in understanding the contract used and not describing benefit as the core of maqashid al-sharia which has an important role in determining Islamic law. The purpose of this paper is to find out how the solution to the application of …

Tinjauan Yuridis Dalam Penyelesaian Pelanggaran Ham Berat Melalui Komisi Kebenaran Dan Rekonsiliasi Di Afrika Selatan Dan Indonesia, Tshana Erfandi

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

Several countries are currently developing a solution to the problem by establishing a particular commission. The commission works outside the courts, parliament and executive. In Indonesia, In Indonesia. The People's Consultative Assembly set a stipulation regarding the establishment of the National Center for Truth and Reconciliation: (NCTR) in 2000. This stipulation has the intent and purpose for national unity to identify existing problems, determine the conditions that must be made in order to achieve national reconciliation and establish policy direction as a guide to carry out the consolidation of unity of a nation. Whereas in South Africa, the National …

Implementasi Pemusnahan Polychlorinated Biphenyls (Pcbs) Di Indonesia, Florentinus Binsar Tumindi

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

This thesis discusses the Implementation of Polychlorinated Biphenyls Elimination in Indonesia. PCBs have a harmful impact on human health and the environment. PCBs are found in many transformers and capacitors. In 2028, PCBs must be destroyed by Indonesian Government. International trade allows the export-import of PCBs based on the General Agreement on Tariffs and Trade (GATT) with the aim of destroying PCBs between countries, with due respect of Article 20 letter ‘b’ of the GATT or what is called environmental exception. The destruction of PCBs can be done through 2 (two) methods or technologies, …

Analisis Wechat Pay & Alipay Sebagai Financial Technology (Fintech) Dari China Yang Telah Resmi Beroperasi Di Indonesia, Farisa Alifah

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

The development of technology innovation has played a major role in the implementation of payment system services. The rapid development of the industry and increasing public adoption of smartphones in Indonesia encourage technology and financial companies to use technology as a payment intermediary. This makes mobile payment services as a new payment alternative for the community. Electronic Money is one of the non-cash instruments that is steadily increasing because of its small, fast, and massive value characteristics that make it the preferred payment instrument for the public.This also encourages the development of the electronic trading business (e-commerce) and financial …

Larangan Pembatasan Kuantitatif: Studi Kasus Indonesia – Importation Of Horticultural Products, Animals And Animal Products, Faiz Muhammad Rizky

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

In 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 analyze whether the panel and appellate body decision in the case of Indonesia - Importation of Horticultural Products, Animals and Animal Products is in accordance with the provisions contained in the WTO legal framework. Indonesia’s policies cannot be justified under WTO legal framework, though there are some exceptions of the quantitative restriction provision.

Keywords: Indonesia, WTO, Import, Licencing, Quantitative Restriction

Analisis Yuridis Pembukaan Rahasia Bank Untuk Kepentingan Penegakan Hukum Tindak Pidana Korupsi Yang Ditangani Oleh Komisi Pemberantasan Korupsi, Erwin Sasmita

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

Bank is a financial intermediary institution that collects funds from the public and distributes them. So that a relationship of trust arises between the public and banking institutions called bank secrecy where everything that is known to the bank about its customers will be kept confidential and not disclosed to anyone except for the applicable laws and regulations. Corruption is an extraordinary crime where the perpetrator usually aims to obtain assets, one of which is money deposited in a bank either on behalf of the perpetrator of corruption or close people who are trusted to deposit the treasure. When …

Mengkaji Kepastian Hukum Dan Perlindungan Hukum Terhadap Investasi Di Indonesia Melalui Lembaga Perizinan Online Single Submission (Oss), Eldbert Christanto Anaya Marbun

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

To drive the national economy, investment is one of the main driving factors that the Government of Indonesia continues to maintain and grow. Various efforts have been made by the Government so that investment can flow rapidly into Indonesia, both PMA and PMDN. One of these efforts is to build a new electronic-based licensing system. Based on Government Regulation Number 24 of 2018 concerning Electronically Integrated Business Licensing Services or often referred to as OSS, licensing services are made easier. Through the OSS system, licensing for undertaking and investing is simplified. The bureaucracy and lengthy licensing requirements that have …

Konsep Pemberian Hak-Hak Anak Hasil Pernikahan Beda Agama] (Studi Kasus Di Kecamatan Tebet Dan Kecamatan Cilandak Tahun 2021), Diaz Satya Admiral

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

An interfaith marriage is a rare case that happens in Indonesia. However, the case comes about based on love and affection. In this case, the researcher wants to discuss how Islam views the fulfillment of children's rights as an interfaith marriage result. Besides, the researcher also wants to reveal how the point of view of the Indonesian statute guarantees all the children's needs. A researcher is also inclined to know how the reality in the field is especially in fulfilling the children's rights whether it runs appropriately. Meanwhile, this study uses a narrative descriptive qualitative approach. In this case, …

Sanksi Hukuman Mati Bagi Penyalahguna Narkotika Dalam Perspektif Ham Berdasarkan Konstitusi, Dharma Rozali Azhar D

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

The death penalty is a legal act that is legitimized by the state. In the context of the constitution, the death penalty has created a contradiction in the norms in Article 28 I paragraph (1) and Article 28 J paragraph (1) and paragraph (2) which specifically focus on the right to life as a fundamental right that is very fundamental and divine in nature and the right to life of people. others who also may not be removed by anyone on purpose for any reason. The death penalty in the context of narcotics does not aim to repay crime …

Penerapan Doktrin Piercing The Corporate Veil Terhadap Negara Pada Holding Badan Usaha Milik Negara, Deny Adi Pratama

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

The lack of norm in which created to specifically regulate in regards to group company's conception in Indonesia provoke several problems. The policy on establishing holding BUMN in Indonesia only supervised by Government Regulation Number 72 Year 2016 concerning Change of Government Regulation Number 44 Year 2005 regarding Procedure of Participation and Administration Funds upon State-Owned Enterprises and Limited Liability Company. However, the provision which becomes the legal basis underlying BUMN and Limited Liability Company are supervised upon regulation equals to act. Those of which cause a contradiction amongst both provisions of laws and regulation. The rights and obligations …

Analisis Peraturan Dalam Bidang Penyiaran Televisi Konvensional Dan Penyediaan Layanan Aplikasi Dan/Atau Konten Melalui Internet Over The Top Dalam Perpektif Persaingan Usaha Yang Adil, Billy Nikolas Simanjuntak

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

The use of the internet has shifted society habits. Broadcasts that are usually enjoyed through conventional TV are slowly shifting to private broadcasting services based on digital applications or Over the top (“OTT”). This change in habits also changes the market share of Conventional TV service providers and OTT broadcasters. The number of users of OTT services has increased significantly. Despite having the same function, OTT service in principle has a different character from conventional TV. Differences in regulations are a logical consequence of differences in principles and characters even though they have the same function. The difference in …

Analisis Sewa Rahim (Surrogate Mother) Menurut Hukum Perdata Dan Hukum Islam, Adinda Akhsanal Viqria

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

Uterus rent (Surrogate Mother) appeared due to the process of modernization, But due to the process of renting the uterus then problems arose in the field of law and religion. From the problems that arise due to the practice of renting the uterus, it is necessary to study that discusses the rental of the uterus according to Islamic law. Problems in this study are the reasons that are allowed or not allowed to perform uterine lease as well as the legal status of children born through uterine lease according to Islamic law. The results of research and discussion show …

Perbandingan Tanggung Jawab Dewan Pengawas Syariah Di Bank Syariah Indonesia Dengan Bank Syariah Di Malaysia, Adhitya K Poundrianagari

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

The completion of sharia principles and compliance on Sharia Bank are important in running and operating a business of sharia banks. Therefore, roles and responsibilities of Sharia Supervisory Board on Sharia Banks (Dewan Pengawas Syariah, DPS) shall be regulated and well implemented considering every business activity of Sharia Banks must comply with Sharia principles. Currently, supervision duty performed by DPS already well regulated and performed by DPS on Indonesian Sharia Banks, however, it needs to be improved compared to the other country. This journal focused on the study regarding the comparison of responsibilities between DPS on Indonesian Sharia Banks …

Menakar Sistem Online Single Submission Dalam Pp Nomor 24 Tahun 2018 Sebagai Perwujudan Perlindungan Lingkungan, Ade Juang Nirboyo

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

License is an instrument of environmental resource management. Law No. 32 of 2009 on Environmental Protection and Management (UU-PPLH) states that environmental permits are integration of various previously separate permits. In order to accelerate licensing including the environmental sector, the government issued PP Number 24 Year 2018 on Electronically Integrated Business Licensing Service (PP OSS). The PP is published in the frame of reorganization of the One Door Integrated Service (PTSP) system through the Online Single Submission (OSS) system. However, with the presence of PP OSS does not transfer the authority and responsibility of issuance to OSS Institutions because …

Appointing And Training Judges In Egypt And Comparative Systems, Moataz Muhammad Al-Saghir Aidaros

Theses and Dissertations

The topic of the paper is very important, as it comes up at a time when the Egyptians have come to a point that reforming Egypt’s justice system is a hopeless case. This is due to the outdated and inefficient way of thinking and performing in the judiciary. Thus the goal of this paper is to make an intellectual contribution to a sustainable reform program of the Egyptian judiciary and namely the systems of judicial appointment and judicial training using their roles as agents of progress and development. This aspiring research argues that the Higher Council of Judicial Entities and …