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| 31 |
Law and Land and Environment |
ABS-105 |
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INTERRELATION OF ETHICS, LAW, AND JUSTICE M. Natsir Asnawi
Doctoral Program, Faculty of Law, Borobudur University, Jakarta
Abstract
The research^s aim is to describe the interrelation of ethics, law, and justice as an inseparable unit, both in terms of norm formation, enforcement, and legal reform. A standing point of the research is that the law and its enforcement cannot be separated from the ethical creed that underlies all aspects of human life. Based on the study of various references, two things can be concluded. First, justice is a legal concept that rooted to the ethical philosophy perspective. Justice was built in ethical norms and being a part in human life as well, namely the implementation of human nature as servants of God to do good to oneself and others. Second, justice which is defined as ^doing justice^ and/or ^actualizing justice^ is the implementation of two main currents of views in ethical philosophy, deontology and teleology. Justice is the implementation of ^good deeds^ which are basic human obligations as well as efforts to create harmony of human life as the ^good results^ of ^doing justice^.
Keywords: Ethics, Law, Justice, Deontology, Teleology.
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| Corresponding Author (M. Natsir Asnawi)
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| 32 |
Law and Land and Environment |
ABS-116 |
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UTILIZATION OF ENVIRONMENTALLY SOUND VILLAGE FORESTS IN REALIZING COMMUNITY WELFARE IN GALUNGAN VILLAGE, SAWAN DISTRICT, BULELENG Dr. I Ketut Kasta Arya Wijaya, SH.M.Hum, Ni Luh Gede Purnamawati, SH.Mkn
WARMADEWA UNIVERSITY
Abstract
Bali, which is a tourist destination area, has a forest area of 132,528.23 hectares from 9 regencies /cities, the regency that has the most extensive forest area, namely Buleleng, (51,927.15 ha) then Jembarana (43,370.13 ha) and Karangasem (14,192.18) and Bangli covering an area of 9,341.28 ha. in Bali. The area of such a forest that if not controlled will continue to decrease both in quality and quality, so there must be efforts made in preserving and protecting the area of forest in Bali.
Data from the Bali Provincial Forestry Service in 2010, showed that of the still good forests covering an area of 56.06%, forests with thickets or shrubs by 25.55% and the rest in the form of critical or very vulnerable to empty forests was 18.39%. There are 3 factors that cause forest destruction in Bali, namely fires, illegal logging, and distorting. Forest fires in 2002 reached 544.19 ha- illegal logging 83.17 m3/year- and the dismantling reached 5,245.77 ha..
Indigenous Balinese people who still believe and believe in the values that apply in the community to maintain and protect the conservation of nature, including forests. The values that exist in the community are often called the value of local wisdom.
Indigenous Balinese peoples have a harmonious life attachment through the proximity of indigenous peoples to the environment has made every form of development activity still refer to their original values, norms, traditions, beliefs, and culture which then gives birth to a local wisdom that becomes the basis for forest management. Local wisdom is a guide that guides the behavior of indigenous peoples in the living system of their communities. The existence of local wisdom which contains a number of provisions is binding on the lives of indigenous peoples from generation to generation is the foundation that helps determine the direction of forest utilization.
Forests are natural resources that can provide benefits to the community because there is potential they contain both for production and services. One of the contributions of services is for tourist attractions that can be used as a source to improve the welfare of the community. So in the business of forests both as production and as services in its management pay attention to the values of local wisdom that exist in indigenous peoples.
One of the villages that utilizes forests as a source of life and livelihood in Buleleng Regency is Galungan Village, Galungan Village is a village in Sawan District, Buleleng Regency, Bali, located at an altitude of 1000m above sea level with natural resource capital (SDA) in the form of cool and still sustainable natural conditions accompanied by jogging facilities tracking waterfalls and trees that are hundreds of years old, which is the initial capital to develop as a tourist destination.
From the background description mentioned above, researchers will examine the use of village forests in Galungan Kecaamatan Sawan Village, Buleleng Regency which will lead to the development of ecotourism which has its own benefits compared to other villages.
Keywords: ENVIRONMENTALLY, FORESTS, COMMUNITY WELFARE
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| Corresponding Author (I Ketut Kasta Arya Wijaya)
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| 33 |
Law on Bussiness Competition, and Prohibition of Monopoly |
ABS-10 |
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POSITION OF RECEIVABLES IN FIDUCIARY GUARANTEE RELATED TO THE LINKAGE PROGRAM BETWEEN COMMERCIAL BANKS AND PEOPLES CREDIT BANKS Ni Made Sintia Tarisa, Johannes Ibrahim Kosasih, Putu Ayu Sriasih Wesna
Master of Notary, Postgraduate Program, Warmadewa University
Abstract
The linkage program is a solution in overcoming the liquidity of rural banks in banking practice, with the submission of third party receivables as collateral. The pattern used is executing, where Commercial Banks can directly execute third party receivables, legally the rights of Commercial Banks as creditors have been accommodated with this executing pattern agreement accompanied by guarantees in the form of fiduciary and cash collateral. The problem in this execution practice cannot be done directly to a third party, because the creditor does not enter into a new agreement with a third party. The method used is a normative legal research method, with a conceptual approach and legislation, the legal materials used are the Banking Law, Fiduciary Law, Civil Code. The implementation in practice of the linkage program agreement is not carried out in accordance with applicable legal provisions, but this is used as an effort to overcome the policy of the OJK in the credit policy for MSMEs of 20%. This legal loophole should be minimized with strict supervision from the OJK as a supervisory and supervisory institution for banks and other financial institutions.
Keywords: Fiduciary Guarantee, Receivable Position, Linkage Program
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| Corresponding Author (Ni Made Sintia Tarisa)
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| 34 |
Law on Bussiness Competition, and Prohibition of Monopoly |
ABS-16 |
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INTERNATIONAL TRADEMARK REGISTRATION THROUGH MADRID PROTOCOL AS A SOLUTION FOR TRADEMARK PROTECTION FROM INDONESIA Gede Aditya Pratama, Elfirda Ade Putri, Aimee Malca Luwinanda
Universitas Bhayangkara Jakarta Raya
Abstract
Nowadays, globalisation has resulted in goods, services, labour, and capital flowing freely between countries in the world. Indonesia itself is not an exception for this global phenomenon. The free flow of trade from and out of Indonesia makes products from Indonesia are vulnerable to being imitated if they are not protected, especially protection for their trademarks. Not only trademarks from Indonesia have to be protected within the country, but it also need to get protection abroad. Efforts to protect trademarks from Indonesia can be carried out through a registration mechanism per country or internationally. This article attempts to explain that international registration can be effectively carried out through Madrid Protocol, which provides a centralized trademark registration in World Intellectual Property Organization (WIPO), instead of registering the trademark in the respective countries where the goods or services is intended to be traded. International trademark registration through Madrid Protocol facilitates trademark owners to obtain protection for their trademarks in all the countries who is a participant of the Madrid Protocol, through single registration which can be done from the country of origin.
Keywords: Trademark, Madrid Protocol, international registration
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| Corresponding Author (Gede Aditya Pratama)
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| 35 |
Law on Bussiness Competition, and Prohibition of Monopoly |
ABS-32 |
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HARMONIZATION OF COPYRIGHTS AND BRANDS IN IMPROVING COMMUNITY COMPETITIVENESS THROUGH CREATIVE ECONOMY IN INDONESIA Haidir Rachman, Ismail Rumadan, Ummu Salamah
Faculty of Law, National University, Jakarta, Indonesia
Doctoral Program in Law, Brawijaya University, Malang, Indonesia
Abstract
This research is related to the harmonization of copyrights and brands in an effort to increase the competitiveness of the community through the creative economy in Indonesia. The research method used is normative juridical with secondary data and analyzed through descriptive analysis. The results of the
study show that the harmonization of copyright and trademarks in an effort to increase community competitiveness through the creative economy in Indonesia is to eliminate disharmony between the Law Number 28 of 2014 concerning Copyright and the Law Number 20 of 2016 concerning Marks and Geographical Indications, especially with regard to logo creation which cannot be used as a legal basis to cancel registered trademark. The harmonization between the Law Number 28 of 2014 concerning Copyright and the Law Number 20 of 2016 concerning Marks and Geographical Indications is carried out through the omnibus law, thus creating legal protection for creative workers in creating their innovations, so that
productive activities are expected to increase competitiveness and improve the quality of life of the community through creative economy.
Keywords: Copyright, Brand, Creative Economy.
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| Corresponding Author (Haidir Rachman)
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| 36 |
Law on Bussiness Competition, and Prohibition of Monopoly |
ABS-35 |
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PROTECTION OF DRUG RAW MATERIALS THROUGH PRICE STANDARDIZATION AS A BUSINESS RULE IN SUPPORTING COMPETITIVE LOCAL DRUG PRODUCTION Gandhi Pharmacista, S.H., M.H., Virly Vidiasti Sabijanto, S.H., M.Kn.
Faculty of Law, Pasundan University
Abstract
One of the contents of Volume VI^s Economic policy package is related to cutting licenses for importing drugs and raw materials. The reason is that the price of drugs is very expensive, because the majority of the raw materials are imported from abroad. Almost 95% of medicinal raw materials are still imported, this makes drug prices expensive. It is necessary to have the independence of the domestic pharmaceutical industry to reduce drug prices and reduce dependence on imported medicinal raw materials. This is not impossible because the pharmaceutical industry is included in Indonesia^s priority industry in 2015-2035. Efforts are needed to reduce dependence on imported medicinal raw materials (BBO) to support the achievement of drug independence in Indonesia. It is hoped that by using domestic medicinal raw materials, the quality of circulating drugs is adjusted according to applicable standards. In Indonesia, they have BPOM (Food and Drug Supervisory Agency) which can regulate drug quality standards and their production. Because drugs that are produced locally, safety quality and efficacy must be guaranteed, which cannot be equated with other commodities. Currently, there are more than 200 pharmaceutical companies in Indonesia, consisting of 4 (four) BUMN (Biofarma, Indofarma, Kimia Farma, and Phapros), 24 multinational companies, and 190 national private companies. However, the domestic industry is currently more inclined to move in the formulation industry or the manufacture of finished drugs. Meanwhile, medicinal raw materials are still imported with a percentage of 95%, and the majority of raw materials are imported from China and Europe, as well as India. Furthermore, solutions and efforts that can be taken by the Government are sought to facilitate and protect domestic production so that they are competitive. The long-term goal to be achieved is to reduce dependence on imported medicinal raw materials, so that it can improve the domestic economy and can improve the standard of living of many people. The results of this study are expected to find the right form of regulation in protecting medicinal raw materials that are useful in increasing competitiveness and the domestic economy. The benefits of this research are expected to be able to contribute to the Indonesian government and business actors in an effort to improve the domestic economy. This study uses a normative juridical method with the support of empirical juridical, as well as a study using a qualitative juridical approach to Economic Law, Company Law, and Health Law.
Keywords: Standard Price of Drug Raw Material, Business Rules, Domestic Economic Competitiveness
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| Corresponding Author (Virly Vidiasti Sabijanto)
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| 37 |
Law on Bussiness Competition, and Prohibition of Monopoly |
ABS-65 |
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LEGAL CONSEQUENCES OF LIMITED PARTNERSHIP (CV) THAT HAVE NOT BEEN REGISTERED IN THE BUSINESS ENTITY ADMINISTRATION SISTEM (SABU) FOR THIRD PARTIES Anak Agung Ayu Ngurah Sri Rahayu Gorda, Kadek Januarsa Adi Sudharma, Rizqi Isnaini
National Education University
Abstract
The new procedure of establishment of CV after the issuance of PP no. 24 year 2018 and also Permenkumham no. 17 of 2018 has an impact on CV that has been established before 2018, in Permenkumham CV that has been established before the passing of the regulation must register its CV
into a sistem called SABU maximum 1 year after Permenkumham no. This 17 of 2018 was legalized. However, no sanctions are explained If a CV that has been established before 2018 has not yet registered, so there are still CV that until now have not registered their CV and this results in third
parties cooperating with the CV. So the purpose of this study is to determine the legal consequences of CV that has not been registered in SABU for the third party. The research method used is the normative research method by examining the relevant laws and regulations and analyzed by descriptif
qualitatif. The result of this study is that CV that has not been registered in SABU cannot take care of licensing in accordance with the latest regulations so that the CV does not have legal certainty in carrying out its business activities. Third parties either who will cooperate with CV in seeking profit
or are not obliged to make SKT as a condition for cooperation.
Keywords: Legal Consequences, Partnership, Business Entity Administration System
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| Corresponding Author (Kadek Januarsa Adi Sudharma)
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| 38 |
Law on Bussiness Competition, and Prohibition of Monopoly |
ABS-72 |
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SYNCHRONIZATION OF ISSUANCE OF TAXPAYER^S SUBJECT NUMBER AGAINST ESTABLISHMENT OF INDIVIDUAL COMPANY CRITERIA OF MICRO AND SMALL BUSINESS Putu Sindhu Harta Bratha Mukti, Johannes Ibrahim Kosasih, Putu Ayu Sriasih Wesna
Postgraduate Notary Masters, Warmadewa University
Abstract
Establishment of Individual Companies Criteria for Micro and Small Businesses are introduced in Law Number 11 of 2020 concerning Job Creation. The establishment of an Individual Company Criteria for Micro and Small Business can be carried out by only one person by making a Statement of Establishment which is registered with the Ministry of Law and Human Rights. Legality of Individual Companies Criteria for Micro and Small Businesses as legal entities is a dilemma issue related to taxation. In the provisions governing taxation, namely the Director General of Taxes Regulation Per-04/PJ/2020 concerning Technical Instructions for the Implementation of Administration of Taxpayer Identification Numbers, Electronic Certificates, and Confirmation of Taxable Entrepreneurs, Individual Companies Criteria for Micro and Small Businesses can be categorized as taxpayers entity and must issue a separate Taxpayer Identification Number in addition to the Individual Taxpayer Identification Number as an obligation of the Founder of the Individual Company for Micro and Small Business Criteria. Implementation in practice raises legal problems in terms of synchronizing the issuance of Taxpayer Identification Numbers between Individual Taxpayers and Corporate Taxpayers so that this creates multiple interpretations in carrying out obligations in the field of Taxation for business actors. The research method used in this study is a normative juridical research method using a statutory approach, a conceptual approach and an analytical approach. The results of the study indicate that there are no clear rules regarding the synchronization of the issuance of Taxpayer Identification Numbers in terms of obligations in the field of taxation by individuals as legal subjects and Individual Companies Criteria for Micro and Small Businesses established by individuals in taxation activities, so that it will lead to the occurrence of double annual reporting for individual taxpayers.
Keywords: Taxpayer Identification Number, Individual Companies Criteria for Micro and Small Businesses, Tax Obligations.
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| Corresponding Author (Putu Sindhu Harta Bratha Mukti)
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| 39 |
Law on Bussiness Competition, and Prohibition of Monopoly |
ABS-95 |
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EFFICIENCY FOR E-COMMERCE BUSINESS ACTORS Asmah, Andi Istiana Inayah DP
Universitas Sawerigading Makassar
Universitas Sawerigading Makassar
Abstract
E-commerce is a business transaction that is conducted electronically in order to facilitate both marketing and purchasing transactions at any time and place, as well as transactions with anyone involved in online transactions. This adaptability is what attracts customers, whereas this method satisfies Internet users. This study^s objectives were as follows: 1) to determine the impact of implementing E-Commerce taxes in Indonesia- 2) to examine the obstacles encountered in implementing taxes on E-commerce transactions- and 3) to determine the feasibility of implementing taxes on E-commerce transactions. This study aided the Director General of Taxes in disseminating knowledge about E-Commerce actors^ tax rights and responsibilities and in educating E-Commerce actors and the public about taxation. This study employed a descriptive qualitative method with a normative legal approach to data analysis. This study utilized both primary and secondary sources. The results of this study demonstrated that online merchants should be taxed on e-commerce transactions given the clarity of tax regulations and the fact that the taxation sector generates the most revenue for the state. However, non-optimized e-commerce business actors, insufficient socialization, and difficulty to detect e-commerce transactions brought their own issues, such as the government^s difficulty in establishing clear and equitable tax regulations.
Keywords: Taxes, E-Commerce Business.
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| Corresponding Author (Andi Istiana Inayah)
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| 40 |
Law on Bussiness Competition, and Prohibition of Monopoly |
ABS-100 |
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TOKOPEDIA ACQUISITION PROCESS BY GOJEK REVIEWED FROM BUSINESS COMPETITION LAW DR. Yoyo Arifardhani, SH., MM., LL.M, Ayu Komala Dewi, S. Ikom., SH., M.Ak.
PANCASILA UNIVERSITY
Abstract
Presently, corporations in Indonesia carry out corporate action to be able to progress more and have a prominent economy of scale hence making it difficult for other companies to compete. Gojek and Tokopedia are the two leading online industry companies in Indonesia. Because of the COVID-19 pandemic, these two companies have vastly developed due to limitations that existed during PPKM. Gross transactions of GOTO, product of Gojek and Tokopedia merger, recorded to reach 325 trillion rupiah in the third quartile of 2021, one of the biggest e-commerce transactions in Indonesia. Indonesia^s E-commerce transactions are growing rapidly and are predicted to reach 137.5 billion dollars by 2025. The continuous growth of e-commerce transactions could potentially intensify business rivalry in Indonesia to compete for a portion. GOTO has dominance over all e-commerce transactions in Indonesia. In relation to business competition law, it is acknowledged that there is an article regarding dominant position within UU No. 5 1999 article 25. This research will investigate the effect of the Gojek and Tokopedia merger, specifically its effect on the public, using business competition law perspective. This research is done owing to the fact that there has been cooking oil scarcity on account of an ongoing cartel by the cooking oil industry. This research will examine the impact of business competition law on corporate business activities. Normative legal methods are used to be able to answer these problems.
Keywords: KPPU, merger, Competition Law
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| Corresponding Author (AYU KOMALA DEWI)
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| 41 |
Law on Bussiness Competition, and Prohibition of Monopoly |
ABS-104 |
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Cartel Enforcement as a Form of Unfair Competition in Indonesia, the United States, and Japan: A Comparative Analysis Pri Pambudi Teguh, Ismail Rumadan
Lecturer at the National University of Jakarta Faculty of Law
Lecturer in the Faculty of Law, National University of Jakarta/Legal Researcher at National Research and Innovation Agency
Abstract
Using normative juridical approaches to study legal norms and principles, this paper explores the type of regulation and procedure of law enforcement against business players who practice cartel under competition law in Indonesia, the United States, and Japan. Statutory approach, comparative law approach, and case approach are employed. Between Indonesia, the United States, and Japan, there are substantial disparities in the manner and method of law enforcement, the legal remedies pursued, the use of evidence in revealing cartel behaviors, and the sanctions applied. America is extremely resolute in imposing criminal consequences on commercial actors who engage in cartel practices, but Indonesia is extremely hesitant to do so. Administrative punishments imposed on business actors who breach the Antimonopoly Law and engage in unfair business competition are rarely adhered to in some instances.
Keywords: cartel, competition, law enforcement.
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| Corresponding Author (ISMAIL RUMADAN)
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| 42 |
Law on Bussiness Competition, and Prohibition of Monopoly |
ABS-112 |
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LEGAL POLITICS ON THE DYNAMICS OF MICRO, SMALL AND MEDIUM ENTERPRISES REGULATION IN NATIONAL LEGISLATION Made Arya duta Gunaksara, Nyoman Gede Antaguna
Warmadewa University
Abstract
Soon after the Covid crisis passed by with an horrible circumstance for several months, every countries began to reorganize their economycs to be able to recover and rise up in global competition. In Indonesia particularly, there is an interesting phenomenon about the entity of real economic sector which continues conducting trade in goods and services during the Pandemic desease. These economic actors are called UMKM. Some Micro, Small, and medium business units that are proven success to stimulate the economy sight. Seeing the resilience of UMKN, the President then collaborated with the Legislative Body to grow this sector to strengthen the economic base by absorbing a very wide job market, which was then specifically regulated in Law No. 11 of 2020 concerning Job Creation. This paper conducted by normative research, and succeeded in identifying that in the enactment of this controversial omnibus law, the government has observed that it has almost simplified many regulations to facilitate the formation of UMKM and direct investment. In the perspective of legal politics, it was designed in order to create job opportunities as wide as possible for citizens and opened the barrier to entry of foreign investment. For this purpose, the government is aggressively socializing digitalization to UMKN actors, ranging from business entity registration to modern marketing techniques combined with the power of data 5.0 evolution. This scientific work would be very useful for the harmonization of law, the legislative process that always adapts to the times, with some new issues.
Keywords: UMKM, crisis, Pandemic, Law No.11 of 2020, Legal Politics
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| Corresponding Author (Made Arya Duta Gunaksara)
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| 43 |
Law on Bussiness Competition, and Prohibition of Monopoly |
ABS-114 |
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PROTECTION OF UMKM IN SUSTAINABLE CREATIVE ECONOMY DEVELOPMENT IN INDONESIA Anak Agung Gede Oka Wisnumurti
WARMADEWA UNIVERSITY
Abstract
This study aims to explore the protection related to UMKM in the development of a sustainable creative economy in Indonesia with a descriptive normative legal research method. This is because researchers examine primary legal materials and secondary legal materials, which consist of legal materials (laws, jurisprudence, other unwritten laws) as well as principles related to the problems studied, namely how to protect UMKM in the development of the creative economy sustainable in Indonesia. With the protection of UMKM in the development of the creative economy, it will have a good impact on the national economy because by utilizing intellectual property in UMKM, the vision of the Indonesian nation to become a developed country will be realized. Likewise, by implementing intellectual property in the face of a very tight free market in this era of globalization, it is very necessary for the participation of SMEs based on a creative economy to realize the vision of the Indonesian nation with innovative and creative human resources in the current era of globalization. So it is necessary to protect UMKM to carry out sustainable creative economic development in Indonesia.
Keywords: Protection, UMKM, creative economy
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| Corresponding Author (Anak Agung Gede Oka Wisnumurti)
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| 44 |
Law on Bussiness Competition, and Prohibition of Monopoly |
ABS-115 |
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ELECTRONIC INITIAL PUBLIC OFFERING (e-IPO) BUSINESS DISPUTE RESOLUTION IN INDONESIA I Gede Prema Nugraha Suastama, I Gusti Agung Ayu Gita Pritayanti Dinar, Kadek Richa Mulyawati
WARMADEWA UNIVERSITY
Abstract
The dynamics of the development of economy, business and technology have the potential to cause disputes among the parties involved in it. Disputes occur because of differences in the interests of each party, in that, one party believes that his or her interests are dissimilar to those of the other party. One form of technology application that is essential is in the economic field, or what is known as financial technology or FinTech. Financial Technology (FinTech) is a collaboration between technology and financial features or can also be interpreted as a renewal in the financial sector with a touch of technology. One type of financial technology is Equity Crowdfunding, which in Indonesia should conceptually be equated with Electronic Initial Public Offering (e-IPO) in Capital Market law. E-IPO is a web-based electronic means provided by public offering system operators, such as the Indonesia Stock Exchange, to support the initial public offering process to the public, such as providing information related to the Initial Public Offering (IPO) and ordering IPO shares from issuers who are conducting public offerings through the e-IPO system. Resolution of e-IPO disputes is carried out through BANI even though the Financial Services Authority (OJK) regulations have not determined so. Problems in the present study are formulated as: (i) How is the regulation of stock transactions through e-IPO in Indonesia made?, (ii) How is e-IPO dispute resolution through the Indonesian National Arbitration Board (BANI) carried out? This study uses a normative legal research method with a statute approach and legal concept analysis. The theory used in examining the problems is the theory of agreement and the conception of law as a policy process. Through this research, it can be determined that the e-IPO procedure in Indonesia and the clause on binding the e-IPO dispute settlement is through the BANI.
Keywords: Electronic Initial Public Offering (e-IPO), Dispute, BANI.
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| Corresponding Author (I Gede Prema Nugraha Suastama)
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| 45 |
Law on Bussiness Competition, and Prohibition of Monopoly |
ABS-119 |
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Cartel Enforcement as a Form of Unfair Competition in Indonesia, the United States, and Japan: A Comparative Analysis Pri Pambudi Teguh, Ismail Rumadan
UNIVERSITAS NASIONAL
Abstract
Using normative juridical approaches to study legal norms and principles, this paper explores the type of regulation and procedure of law enforcement against business players who practice cartel under competition law in Indonesia, the United States, and Japan. Statutory approach, comparative law approach, and case approach are employed. Between Indonesia, the United States, and Japan, there are substantial disparities in the manner and method of law enforcement, the legal remedies pursued, the use of evidence in revealing cartel behaviors, and the sanctions applied. America is extremely resolute in imposing criminal consequences on commercial actors who engage in cartel practices, but Indonesia is extremely hesitant to do so. Administrative punishments imposed on business actors who breach the Antimonopoly Law and engage in unfair business competition are rarely adhered to in some instances.
Keywords: cartel, competition, law enforcement.
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| Corresponding Author (PRI PAMBUDI TEGUH)
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| 46 |
Law on Criminal Act of Corruption and Asset Recovery |
ABS-13 |
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The Effectiveness Of Active Tax Billing With Reminder And Letter Of Force In The Optimization Of Tax Revenue At The Pratama Tax Service Office, South Makassar Liberthin Palullungan, Melkianus Paelongan
Dept of Law University of Kristen Indonesia Paulus, Makassar, Indonesia
Abstract
In Indonesia, initially it was a tribute or free gift by the people to the king or ruler. However, this tribute is only used for the benefit of the people themselves. So, the assets released by the people will be used for the benefit of the people as well, for example to maintain people^s security, build airways, build social facilities and soon.This study aims to determine the level of effectiveness of tax receipts using a letter of compulsion at the south Makassar tax service office and the factors that influence the level of effectiveness of tax revenue. The data in this is obtained from the south
Makassar KPP Pratama. All data were analyzed qualitatively and presented in descriptive form. Taxes are one of the largest sources of income for the state. The test results show that the effectiveness of tax collection with letter of reprimand and forced letters in 2019 and 2020 is classified as ineffective and has a very small impact on tax revenues at the south Makassar primary tax office. There fore, the head of the Makassar small taxpayer service needs to make efforts both internally and externally
to increase the effectiveness of tax collection in the work area
Keywords: Tax, Forced letter of reprimand and Optimazion.
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| Corresponding Author (Liberthin Palullungan)
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| 47 |
Law on Criminal Act of Corruption and Asset Recovery |
ABS-19 |
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GOVERNMENT AND COMMUNITY EFFORT FOR MINIMIZING CORRUPTION IN INDONESIA Liza Deshaini, Waty Suwarty Haryono
Doctor of Law Program, Borobudur University, Jakarta, Indonesia.
Faculty of Law, Borobudur University, Jakarta, Indonesia
Abstract
Efforts by the government and society to minimize corruption in Indonesia are increasing public knowledge about the law, cleaning the legal apparatus from corruption, collusion and nepotism, enforcing the law without selective discrimination, improving the welfare of state employees, intensifying anti-corruption socialization through mass media which is broadcast free of charge, complaint boxes are multiplied in public places and the Corruption Eradication Commission (KPK) must follow up, the placement of a team of the Corruption Eradication Commission (KPK) in every government agency and the factors that cause corruption are generally political factors, legal factors, economic factors and organizational factors, internally are: Aspects of individual behavior is the nature of human greed/greed, less strong morals, consumptive lifestyle,and social aspects, externally are: the nature of the community that does not support anti-corruption behavior, weak law enforcement, political aspects, economic aspects, political aspects and organizational aspects.
Keywords: Society. Government, Corruption Crime
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| Corresponding Author (Lizadeshaini Lizadeshaini)
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| 48 |
Law on Criminal Act of Corruption and Asset Recovery |
ABS-44 |
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Building an Anti-Corruption Village With Local Wisdom in Tourism Towards the Richest Village in Indonesia (A Closer Look at Kutuh Village-Badung-Bali) Amalia Syauket, Ali Johardi Wirogioto, Donny Ramadhan
Bhayangkara University, Greater Jakarta
Bhayangkara University, Greater Jakarta
Bhayangkara University, Greater Jakarta
Abstract
In the midst of the dark image of village funds due to village head corruption, there is a lamp in the south of Bali. Kutuh Village, which was once poor and arid, has now become an independent village thanks to village funds from the government Kutuh Village has received village funds of around Rp. 3.5 billion The village budget management sector was recorded as the largest contributor to state losses in 2018. The biggest challenge in managing the Village Fund comes from the uniqueness of the village government system in Bali with the dualism concept of power official village and traditional village, in the development of Balinese tourism with a cultural pattern. Opportunities for fraud are mitigated by implementing local wisdom which is still very much embedded in the daily life of the Kutuh Village community, which is based on the principle: from by Krama and for karma (citizens), with the ultimate goal of strengthening traditional institutions and religious traditions with wisdom. in it in order to realize prosperity and harmouy between elements in accordance with the Trihita Karana philosophy and in essence this is the mandate of the provision of village funds.
Keywords: Anti-Corruption Village, Local Wisdom, Leadership Duality
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| Corresponding Author (Amalia Syauket)
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| 49 |
Law on Criminal Act of Corruption and Asset Recovery |
ABS-48 |
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LIQUIDATOR LIABILITIES IN DOING MANAGEMENT AND SETTLEMENT OF THE COMPANYS ASSETS Sri Wahyu Liestyowati, Dr. Darwati, SH., MH
Borobudur University
Abstract
The government enacted Law Number 25 of 2007 concerning Investment. Investors are obliged to comply with all provisions of laws and regulations. Prior to carrying out its activities, employers are required to report to the government based on Article 6 of Law Number 7 of 1981 concerning Mandatory Reporting of Employment in Companies. These reports include, among others: protection of workers. Article 142 of Law Number 40 of 2007 regulates the dissolution of the company based on the decision of the GMS. The said dissolution of the company must be followed by liquidation carried out by the liquidator. The closure of the companys activities must be reported to the government 30 days in advance, one of the requirements is the obligations that have been and will be carried out on their employees, in accordance with the prevailing laws and regulations, the company to be dissolved appoints a liquidator for the management and settlement of the companys assets. Problem formulation: How is the payment of workers rights for the dissolution of the company?, What is the liquidator^s obligation to settle the company?, What is the governments attitude towards the company? Normative and sociological juridical methodologies, by conducting research on management and settlement by liquidators. Furthermore, conducting interviews with workers, the government and liquidators. The theory used is the rule of law theory and the theory of justice. In conclusion, workers do not get their rights to severance pay in accordance with Article 164 paragraph (3) of Law Number 13 of 2003 concerning Manpower. Liquidators do not pay workers rights in accordance with applicable regulations.
Keywords: Process, liquidation, Company
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| Corresponding Author (Sri Wahyu Liestyowati)
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| 50 |
Law on Criminal Act of Corruption and Asset Recovery |
ABS-74 |
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The position of banking institutions in preventing and eradicating the occurrence of criminal acts of money laundering in banks I Made Aditya Mantara Putra
Faculty Of Law Warmadewa University Denpasar-Bali, Indonesia
Abstract
Over the last few years, an event that has attracted the attention of various groups of people is the trend of criminal acts of money laundering. The group of people at which the event has happened is not only the government but also the general public. Judging from the scale of the event, they have occurred both on a local, national, and international scale. Such an action has been committed individually and in groups, including corporations. Of course, such a crime belongs to individual, nation and state crime. The present study sheds light on two issues, namely the legal regulation of money laundering in banking institutions in Indonesia and the position of banking institutions in eradicating the criminal act in question. To achieve these goals, the present study uses a normative legal research design, a statute approach, and a conceptual approach. There are three types of legal materials that are used as data sources, such as primary, secondary and tertiary legal materials. The study shows criminal acts of money laundering are related to legal arrangements, especially those regulated in Law Number 8 of 2010 concerning the Prevention and Eradication of Criminal Acts of Money Laundering and Bank Indonesia Regulation Number 14/27/PBI/2012 concerning Implementation of Anti-Money Laundering and Prevention of Terrorism Financing Programs for Commercial Banks. In an effort to eradicate criminal acts of money laundering, the position of banks lies in the responsibility to apply the principle prudential banking and the principle of know your customer in customer identification.
Keywords: law enforcement, criminal acts, money laundering, banking, PPATK
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| Corresponding Author (I Made Aditya Mantara Putra)
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| 51 |
Law on Criminal Act of Corruption and Asset Recovery |
ABS-84 |
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ARRANGEMENTS FOR REPORTING SUSPICIOUS FINANCIAL TRANSACTIONS BY NOTARIES TO THE FINANCIAL TRANSACTION ANALYSIS REPORTING CENTER Dewa Made Antara, I Nyoman Budiartha, Putu Ayu Sriasih Wesna
Warmadewa University
Abstract
Notaries are public officials who are independent in carrying out their duties without being interfered with by any agency. Notaries have the authority that has been determined in Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of a Notary and the authority determined by other laws. In fact, normatively, in carrying out other obligations, notaries are required to report suspicious financial transactions that are supervised by the Financial Transaction Reports and Analysis Center. The expansion of these obligations is also not followed by adequate authority to be carried out optimally so that it seems absurd. The purpose of this study is to analyze the legal norms of implementing the obligation to report suspicious transactions in the use of notary services on the independence of notaries as public officials according to Law Number 8 of 2010 concerning Prevention and Eradication of the Crime of Money Laundering jo. Government Regulation Number 43 of 2015 concerning Reporting Parties in the Prevention and Eradication of the Crime of Money Laundering in conjunction with Minister of Law and Human Rights Regulation Number 9 of 2017 concerning Application of the Principles of Recognizing Service Users for Notaries and Analyzing the authority of a notary in carrying out these obligations. The results of the study reveal that the determination of a notary as the reporting party does not interfere with the independence of the notary but in carrying out the reporting obligation the notary is not given adequate authority and these additional obligations are considered too far for the notary to carry out. The determination of a notary as the reporting party must be followed by an amendment to the Notary Position Act and the granting of clear and definite authority.
Keywords: Notary, Reporting, Suspicious Financial Transactions
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| Corresponding Author (DEWA MADE ANTARA)
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| 52 |
Law on Criminal Act of Corruption and Asset Recovery |
ABS-92 |
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RETURN OF ASSETS OF THE CRIMINAL ACTION OF CORRUPTION AND SOME PROBLEMS IN THE IMPLEMENTATION Muhammad Fadli Nasution
Borobudur University
Abstract
The destruction of a country^s economic foundation can be caused by corruption. This happens because acts of corruption have taken large amounts of state money so that it has an impact on the difficulty of the state in improving development for the welfare of the community. Therefore, every perpetrator of corruption must be responsible for returning state assets to the country itself. The annual report of Transparency International 2021 shows that Indonesia^s ^achievement^ which is ranked 96 out of 180 countries as the most corrupt country in the world with a score of 38 (a score of 100 is clean from corruption), already has a law that can be used as an instrument to restore state financial assets. that have been corrupted, namely criminal law, civil law and state administrative law. Criminal law- corrupt assets can be confiscated, auctioned and sold. Civil law- the state can claim compensation against corruptors. State Administrative Law- The official concerned must be responsible for returning state assets due to acts against the law of corruption that have been carried out by the official. Corrupted state assets are not only detrimental to the state, but also to the state and its people. The formal procedural approach through criminal procedural law is currently not able to recover state losses, even though state assets which incidentally belong to the people- really need to be saved. The author argues, it is urgent to find other ways to save state assets, namely the return of assets of perpetrators of corruption (asset recovery). The author sees the state as a victim who must get protection, namely recovery from losses suffered by the state due to corruption.
Keywords: asset return, corruption, criminal law
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| Corresponding Author (Muhammad Fadli Nasution)
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| 53 |
Law on Criminal Act of Corruption and Asset Recovery |
ABS-98 |
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RESTORATIVE TREATMENT AGAINST CORRUPTION INMATES Gialdah Tapiansari Batubara, Rd Dewi Asri Yustia, Tia Ludiana
Pasundan University
Abstract
The eradicating corruption crimes in Indonesia still adheres to retributive justice in sentencing the corruption crime offenders. The retributive justice approach is not in line with the primary purpose of eradicating corruption crimes. The retributive justice approach has also been unable to realize the purposes of sentencing and the purposes of treatment. The discussion of this problem is carried out using a qualitative method. This paper aims to identify the urgency of changing the sentencing and the treatment model for the inmates of corruption crimes, and analyze the sentencing and the treatment model for the inmates of corruption crimes, based on the principles of restorative justice. The corruption crime inmates^ treatment in prisons carried out by the state is essentially an embodiment of justice which aims to make a deterrent effect. However, empirical facts show that the imprisonment of corruption crimes as sentencing and the treatment program in prison carried out by the state for the inmates of corruption crimes has been unable to realize the purposes of sentencing and treatment. The punishment of corruption crime offenders based on the principles of restorative justice is punishment in the form of fines and social work. The use of fines must coincide with the use of social work sanctions. The treatment of corruption crime inmates based on the principles of restorative justice is the inmates^ treatment that carried out in society, not prisons.
Keywords: Treatment, Inmates, Corruption, Restorative Justice
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| Corresponding Author (Gialdah Tapiansari Batubara)
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| 54 |
Law on Immigration |
ABS-4 |
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THE ROLE OF LAW AND IMMIGRATION SUPERVISION IN MAINTAINING THE SOVEREIGNTY OF THE INDONESIAN STATE Evi Oktarina, Zudan Arif Fakrulloh, Firman Freaddy Busroh
Doctoral Program of Law, Universitas Borobudur, Jakarta, Indonesia
Faculty of Law, Universitas Borobudur, Jakarta, Indonesia
Sekolah Tinggi Ilmu Hukum Sumpah Pemuda, Palembang, Indonesia
Abstract
The Indonesian government seeks to support economic growth through the tourism sector in order to increase foreign exchange sources. So the government grants free short-stay visas to foreign nationals. Immigration plays a very important role in the sovereignty of the country where immigration is the main gateway to the country. Immigration is an agency authorized to supervise the traffic of people entering and leaving Indonesian territory as stated in Article 1 number 1 of Law Number 6 of 2011 concerning Immigration. Based on UN data as of April 2022, Indonesia is the 4th ranked country with the largest population in the world. With a population of 278,752,361 inhabitants equivalent to 3.51% of the earth^s population. The development of globalization and an increasing economy and an increasing population have made humans migrate to other countries. The impact of changes in the economic cycle in each country is different, of course, it will cause criminality in each country. Criminality is not only from an economic point of view, but also in terms of politics, social, and state security. In this regard, immigration must be selective in accepting foreign nationals into Indonesia, in order to maintain the stability of state security from threats, disturbances, and obstacles from outside so that the sovereignty of the Indonesian state can be maintained.
Keywords: Sovereignty, Immigration Oversight, Legal Role
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| Corresponding Author (Evi Oktarina)
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| 55 |
Law on Immigration |
ABS-75 |
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AUTHORITY OF REGIONAL SUPERVISORY COUNCIL AND PROTOCOL RECEIVING NOTARIES IN THE DELIVERY OF PROTOCOLS WHO HAS DIED IN BADUNG REGENCY I Putu Angga Raditya Prihandana, I Nyoman Sujana, A.A Istri Agung
Master of Notary, Postgraduate Program, Warmadewa University
Abstract
This paper analyzes the authority of the Regional Supervisory Council (MPD) and the Notary Recipient of the Protocol in submitting the protocol of a Notary who has died. Like the death of a notary in Badung Regency, it was found that the notary protocol had not been submitted for more than 2 years by the heirs to the notary who received the protocol. The focus of the study in this paper is regarding authority Regional Supervisory Council (MPD) Badung Regency in following up on the submission of a Notary protocol who has died. The method used in the research is the juridical empirical, to support this research the data collection techniques used are 1) field research with interviews, and 2) library research.The approach used is a juridical and sociological approach. Based on the results of the analysis, the submission of the protocol of a notary who dies is no later than 30 (thirty) days by making a report of the submission of the protocol, but there are heirs who do not submit the notary protocol to the notary who receives the protocol that has been appointed by the Regional Supervisory Council (MPD) Badung Regency until it passes the time limit is more than 2 (two) years so that it violates the provisions of Article 63 paragraph (1) UUJN-P. For this incident, the Regional Supervisory Council (MPD) Badung Regency which by law was given the authority to take the protocol but did not carry out its authority in accordance with the provisions of Article 63 paragraph (6) of the UUJN-P. In the absence of an official report on the handover of the Notary Protocol to the notary receiving the Protocol.
Keywords: Notary Protocol, Regional Supervisory Council, Notary Who has Died
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| Corresponding Author (I PUTU ANGGA RADITYA PRIHANDANA)
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| 56 |
Law on Immigration |
ABS-113 |
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LEGAL PRODUCTS OF THE PROVINCE OF BALI IN STRENGTHENING THE PROTECTION OF INDONESIAN MIGRANT WORKERS I Wayan Rideng
Warmadewa University
Abstract
The government has not been able to fully absorb and provide employment for citizens of working age. Every job market is opened, whether it is in government or private institutions, the demand for it or applicants is always booming. Competitive and limited job opportunities, not a few job seekers turn their attention to try their luck applying for jobs abroad. During the Covid-19 pandemic that hit the global world, it was only discovered that so many migrant workers had worked in various parts of the world. Various work professions have been carried out, such as - on cruise / commercial ships, restaurant ships, and other types of work. Not all migrant workers who arrive in Indonesia are not administratively recorded. So that the central and regional governments are frantic in their handling because so far administratively it has not been recorded properly. The existence of migrant workers so far has contributed to the implementation of development. They are workers, for every wage or service they get and receive, to then be sent to their families in Indonesia. Regulations on the protection of migrant workers as regulated in Law Number 18 of 2017. The existence of these regulations has not been able to provide comprehensive protection for workers. Bali which is a world tourist destination, the lives of its citizens cannot be separated from having human resources who already have the skills and expertise in the tourism sector. The skills and abilities possessed, of course, are very supportive to work as crew members abroad. Against the lack of protection for migrant workers, on the other hand, the contribution given to the regional economy is very high. Therefore, it is deemed necessary to issue regional legal products, to provide social security and protection for workers originating from Bali. Furthermore, the Bali Provincial Government issued Bali Governor Regulation Number 12 of 2021 concerning the Indonesian Migrant Worker Protection System for Krama Bali.
Keywords: Governor Regulation, Indonesian Migrant Workers, and Krama Bali
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| Corresponding Author (I Wayan Rideng)
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| 57 |
Law on Investment |
ABS-47 |
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Legal Protection For Virtual Land Trading Investment Transactions In The Metaverse Rizki Fitri Amalia
Borobudur University
Abstract
The world is being warmed by the existence of the Metaverse as a second life, one can carry out activities in the virtual world, one of which is buying and selling transactions. Metaverse itself is a digital reality that combines aspects of social media, online gaming, augmented reality (AR), virtual reality (VR), and cryptocurrency to allow users to interact virtually. Metaverse has great potential for a person to interact, work, learn and create through NFT (non-fungible tokens) that describe the original object. There^s been a lot of attention lately about buying and selling virtual land in the Metaverse. Some investors are willing to spend large funds to buy virtual land in the form of NFT. Purchased digital plots of land are stored in NFT. This is considered an investment and can be profitable in the future. The use of Virtual Currency has spread widely to all corners of Indonesia, but at this time the government has not determined the steps on how to formulate written regulations regarding its circulation and supervision, then how to formulate policies and aspects of protection for investors or users in metaverse transactions in terms of land and building investment. In relation to virtual currency investments, it is risky and vulnerable to cybercrime, money laundering and tax evasion. This study uses a normative research method by reviewing and describing library materials in the form of literature, legislation and some news related to the issues to be discussed.
Keywords: Legal protection, investment, virtual land trade, metaverse
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| Corresponding Author (Rizki Fitri Amalia)
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| 58 |
Law on Investment |
ABS-55 |
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Collective Agreements as Solutions to Industrial Relations Disputes in the Tourism Industrial Sector Chamdani, Asri Wijayanti, Budi Endarto, Sekaring Ayumedya Kusnadi, Nobella
Wijaya Putra University Muhammadiyah Surabaya University Wijaya Putra University Wijaya Putra University Wijaya Putra University
Abstract
Industrial relations disputes between employers and workers can occur in the tourism business sector. One of the efforts to establish industrial relations is to make a collective agreement. There are times when the contents of the collective agreement conflict with the work agreement, collective labor agreement, company regulations, or laws and regulations. Sometimes workers, as the aggrieved parties, report violations of collective agreements that are contrary to the laws and regulations of labor inspectors. This study aims to determine the legal position of a collective agreement if it conflicts with autonomous law or heteronomous law. This legal research uses a statutory and conceptual approach. The results of this study are collective agreements are legal products made by employers and workers individually. The contents of the contract that are contrary to higher rules, but already have a registration deed at the industrial relations court in the district court have executive power. Two forms of legal action can be taken. First, the aggrieved party can apply for execution to the industrial relations court at the local district court. The second filed a claim for the contents of the collective agreement to the local district court. The conclusion is that collective agreement is a solution to settling industrial relations. Legal remedies for not implementing the deal that has been made are applying for execution to the industrial relations court at the local district court, not filing a lawsuit to the district court, or reporting alleged violations of labor inspectorate laws and regulations.
Keywords: collective agreement, registration, lawsuit, industrial relations.
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| Corresponding Author (Chamdani Chamdani)
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| 59 |
Law on Investment |
ABS-120 |
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INVESTMENT POLICY BASED ON INDIGENOUS COMMUNITY GROUPS IN BALI Darmayanti Putri, Moh.Faiz, Kartika Jaya, Made Wiryani
UNIVERSITAS MATARAM
Abstract
This study aims to examines the effectiveness of Local Regulation of Badung Regency Number 3 of 2022 concerning the Implementation of Investment, which is based on local wisdom with the aim of the welfare of the community. In fact, many people who invest through online trading in unofficial institutions suffer losses. This study uses socio legal approach-emperical legal research.Data were analyzed using several theory including theory of The Legal Systems. The results of this study showed that the Article 11 letter a and b stated ^Coaching activities are carried out through Socialization, workshop, technical briefing or investment dialogue concerning regular investment, and also consultation in investment^, in its implementation it is not optimal, one of the indigenous community groups, namely Sekaa Teruna, is not included as a participants, as it should be according to Article 2 letter k. Therefore ineffectif because of the legal substance. In the future, the investment policy model, will be a preventive legal protection for investors. Synergy between Local Governments, Regional House of Representatives, Traditional Villages and Stakeholders is needed to harmonize the legal substance with other investment cluster laws, namely Law Number 8 of 1985 concerning the Capital Market and Law Number 21 of 2011 concerning the Financial Services Authority. So investors including Sekaa Teruna will choose digital based invesment in official institutions, because the capital is safe and profits can be realized.
Keywords: Capital Market, Investment Policy, Sekaa Teruna
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| Corresponding Author (Darmayanti Putri)
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| 60 |
Law on Licences and Labor |
ABS-53 |
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APPLICATION OF MEDICAL ACTION LAW (INFORMEN CONSENT) BASED ON AGREEMENT LAW (BETWEEN HOSPITAL AND PATIENT. Evie Ratna Dewi
Borobudur University
Abstract
Informed consent is very important to all the parties in medical services. It forms usually found as a standard form from the hospital, to make it easier to fill and fulfill the juridical standards, so it could be used as a proof in case of a dispute. Basically that informed consent should embody clauses from the Law number 29 Year 2004 about The Medical Practice, and Ministerial Decree number 585 Year 1989 about Medical Act Approval and fulfill aspect article 1320 and 1321 Indonesian Civil Code, as the patient has the rights over his/her body and the doctor should give respect it.
Juridical, the procedures has running well but there are still some problem regarding the information being given to the patient and the lack of understanding concerning rights and obligations of the patients. This research has shown that the informed consent has gone well as nobody sue the hospital, but there are still should be some focus on how the information should be given.
It was found that there are no authentic in this case. There should be at least the doctor performing the medical act, the patient, and the nursing unit, and the family of the patient. Now there is only family of the patient and the nursing unit. This not comply with the Law number 29 Year 2004 on Medical Practice , as there should be diagnosis, procedures , objectives, alternatives and risk, complications, and prognosis of any medical act. The doctor could be sued base on article 1365 and 1366 Indonesian Civil Code. It is recommended that the hospital should improve the informed consent.
Keywords: Informent consent, medical law, hospital
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| Corresponding Author (Evie Ratna Dewi)
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