Transnational Business Law Journal最新文献_第2页

REGULATION OF MAXIMUM TARIFF OF FLIGHT TICKETS FOR ECONOMIC CLASS PASSANGERS IN INDONESIA 印尼经济客位机票最高收费规定

Transnational Business Law Journal Pub Date : 2021-05-04 DOI: 10.23920/transbuslj.v1i2.358

Gita Isrami Yuristiana, Amad Sudiro

引用次数: 0

SPACE INSURANCE FOR SMALL SATELLITE LAUNCH AND OPERATION IN THE SETTING OF INDONESIAN LAW 印度尼西亚法律规定的小型卫星发射和运行的空间保险

Transnational Business Law Journal Pub Date : 2021-02-26 DOI: 10.23920/transbuslj.v2i1.749

Garry Gumelar Pratama, Nadhifathur Rochmah Ruswandi

{"title":"SPACE INSURANCE FOR SMALL SATELLITE LAUNCH AND OPERATION IN THE SETTING OF INDONESIAN LAW","authors":"Garry Gumelar Pratama, Nadhifathur Rochmah Ruswandi","doi":"10.23920/transbuslj.v2i1.749","DOIUrl":"https://doi.org/10.23920/transbuslj.v2i1.749","url":null,"abstract":"The topic of liability under international law falls in the norms of the Outer Space Treaty 1967 and the Liability Convention 1972. The principled division of responsibility for harm incurred by a space object to the launching state(s) is the starting point in this regard. Since the conventions are legally binding for Indonesia, it become the outlining frame for regulating space insurance with national regulations. As small satellite industry and space insurance in Indonesia show a massive potential grow, this article focuses on the analytical explanation of Indonesian space insurance-related regulations covering small satellite operations. Even though international law does not require obligatory space insurance, Indonesian Space Act 2013 regulates mandatory requirement for all space activities conducted by private companies, including small satellites. One of the main issues discussed in this paper is whether the Indonesia regulation open opportunities to space insurance industry in Indonesia to grow. The study was conducted using descriptive-analytical approach, emphasizing on the normative juridical approach by literature studies.","PeriodicalId":175924,"journal":{"name":"Transnational Business Law Journal","volume":"197 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124410762","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

GLOBAL DIGITAL TAXES IN INTERNATIONAL TRADE AND ITS URGENCE FOR INDONESIA 国际贸易中的全球数字税及其对印尼的紧迫性

Transnational Business Law Journal Pub Date : 2021-02-26 DOI: 10.23920/transbuslj.v2i1.684

Regi Rivaldi

引用次数: 0

COVID-19 VACCINE LEGAL PROTECTION THROUGH PATENT FOR PUBLIC INTEREST 通过专利为公众利益提供COVID-19疫苗法律保护

Transnational Business Law Journal Pub Date : 2021-02-26 DOI: 10.23920/transbuslj.v2i1.694

Muhammad Reza Syariffudin Zaki, Muhammad Farhan Akmal

{"title":"COVID-19 VACCINE LEGAL PROTECTION THROUGH PATENT FOR PUBLIC INTEREST","authors":"Muhammad Reza Syariffudin Zaki, Muhammad Farhan Akmal","doi":"10.23920/transbuslj.v2i1.694","DOIUrl":"https://doi.org/10.23920/transbuslj.v2i1.694","url":null,"abstract":"Patents are rights granted by the state to inventors for their inventions in the field of technology for a certain period of time. However, a rigid patent protection can disrupt the public interest. Therefore, the undergraduate thesis research entitled Legal Protection of Covid-19 Vaccines through Patents for Public Interest was conducted. The research conducted by juridical normative legal research methods, statutory approaches, and conceptual approaches. TRIPs Agreement, Paris Convention, Indonesian Patent Law 2016 and President Regulation No. 77/20 are the main objects of study. This research aims to answer (1) how the legal protection of the Covid-19 vaccine for the public interest, and (2) how to resolve disputes against the Covid-19 patent rights holder in Indonesia. After conducting a study, it can be concluded that patents can be implemented by the government without the authority from the patent holder in an emergency situation. In the return, a worth compensation must be given to the patent holder. If a dispute arises, it can be resolved through litigation or alternative dispute resolution (ADR), but preferably through ADR at BAM HKI. This is in purpose to empower BAM HKI, as well as to support and promote the enforcement of intellectual property rights in Indonesia.","PeriodicalId":175924,"journal":{"name":"Transnational Business Law Journal","volume":"200 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123082302","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

THE INFLUENCE OF THE JURIDICAL CIVIC CRITICAL LEARNING MODEL ON CRIMINAL LAW COURSES AS AN ENHANCEMENT OF STUDENTS' CRITICAL THINKING 司法公民批判学习模式对刑法课程培养学生批判性思维的影响

Transnational Business Law Journal Pub Date : 2021-02-26 DOI: 10.23920/transbuslj.v2i1.610

D. Sundawa, Dwi Iman Muthaqin, D. Iswandi, Baeihaqi

引用次数: 0

THE MEANING OF PUBLIC POLICY UNDER INDONESIAN ARBITRATION LAW AND PRACTICE 印尼仲裁法与实践下的公共政策意义

Transnational Business Law Journal Pub Date : 2021-02-26 DOI: 10.23920/transbuslj.v2i1.646

H. Adolf

引用次数: 0

IMPLICATIONS OF THE PRINCIPLE OF NON-DISCRIMINATION IN THE INDONESIA-EUROPEAN UNION COMPREHENSIVE ECONOMIC PARTNERSHIP AGREEMENT ON GOVERNMENT PROCUREMENT CHAPTER TOWARD REGULATIONS OF DOMESTIC PRODUCT USE IN INDONESIA 印度尼西亚-欧洲联盟关于政府采购的全面经济伙伴关系协定章节中的非歧视原则对印度尼西亚国内产品使用规定的影响

Transnational Business Law Journal Pub Date : 2020-08-31 DOI: 10.23920/transbuslj.v1i2.361

S. Syukri, Prita Amalia

{"title":"IMPLICATIONS OF THE PRINCIPLE OF NON-DISCRIMINATION IN THE INDONESIA-EUROPEAN UNION COMPREHENSIVE ECONOMIC PARTNERSHIP AGREEMENT ON GOVERNMENT PROCUREMENT CHAPTER TOWARD REGULATIONS OF DOMESTIC PRODUCT USE IN INDONESIA","authors":"S. Syukri, Prita Amalia","doi":"10.23920/transbuslj.v1i2.361","DOIUrl":"https://doi.org/10.23920/transbuslj.v1i2.361","url":null,"abstract":"This article aims to explain the differences between regulations on the use of domestic product in Indonesia and the principle of non-discrimination in Indonesia-European Union Comprehensive Economic Partnership Agreement (I-EU CEPA) on Government Procurement Chapter and the legal consequences for domestic regulations in Indonesia. The research method used is a normative juridical method with exploratory specifications. The results of this study indicate that the principle of non-discrimination, which consists of most favored-nation treatment and national treatment in the I-EU CEPA on Government Procurement Chapter, differs from regulations in Indonesia because the use of domestic product is mandatory in the government procurement and discriminatory against foreign suppliers. The difference in these provisions has implications, namely if Indonesia and the European Union agree to the I-EU CEPA, they must adjust the regulations for the use of domestic product in accordance with the principle of non-discrimination in the I-EU CEPA or World Trade Organization Agreement on Government Procurement (WTO GPA) or ratify the I-EU CEPA in the form of a Law and its enforcement is lex specialis and it is necessary to make adjustments to the implementing regulations by giving time after entry into force. In addition, Indonesia does not have the obligation to provide equal treatment to third countries because the I-EU CEPA is a bilateral agreement and Indonesia is not yet bound by a multilateral agreement, namely the WTO GPA. In addition, if Indonesia and the European Union agree to an I-EU CEPA, the Indonesian side cannot cancel it on the grounds that it violates the provisions of national law.","PeriodicalId":175924,"journal":{"name":"Transnational Business Law Journal","volume":"142 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131836056","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

APPLYING THE NEW LEX MERCATORIA BY OPTING-OUT APPROACH IN SETTLEMENT OF INTERNATIONAL COMMERCIAL CONTRACT DISPUTES 选择退出法在解决国际商事合同纠纷中的应用

Transnational Business Law Journal Pub Date : 2020-08-31 DOI: 10.23920/TRANSBUSLJ.V1I2.353

T. Taufiqurrahman

{"title":"APPLYING THE NEW LEX MERCATORIA BY OPTING-OUT APPROACH IN SETTLEMENT OF INTERNATIONAL COMMERCIAL CONTRACT DISPUTES","authors":"T. Taufiqurrahman","doi":"10.23920/TRANSBUSLJ.V1I2.353","DOIUrl":"https://doi.org/10.23920/TRANSBUSLJ.V1I2.353","url":null,"abstract":"The problem that must be solved at first in international commercial contract dispute settlement is the determination of applicable law. This problem is not easy to be solved in the absence of a choice of law clause. Generally, judges or arbitrators attempt to use conventional methods of determination that ultimately designate national law from either party. This conventional method certainly creates a sense of injustice for one of the parties whose national law is not embarrassed. From the condition above, the existence of an international law regime (the New Lex Mercatoria made by International Organizations operating in the field of International Commercial Law) as well as an approach that enforces the law regime is urgently needed in international trade traffic. The purpose of this study was to determine the importance of using an opting-out approach to enforce the New Lex Mercatoria in the resolution of commercial disputes encountered. The research method used is normative legal research method with the statute and conceptual approach. The results show that the \"opting-out\" approach further expands the potential of the New Lex Mercatoria in the settlement of international commercial contract disputes that ultimately leads to the harmonization of international commercial law.","PeriodicalId":175924,"journal":{"name":"Transnational Business Law Journal","volume":"117 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127042664","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

CONTEMPORARY ISSUES ON ASEAN LIBERALIZATION OF LEGAL SERVICE FROM INDONESIA PERSPECTIVE 从印尼视角看东盟法律服务自由化的当代问题

Transnational Business Law Journal Pub Date : 2020-08-31 DOI: 10.23920/TRANSBUSLJ.V1I2.369

Erick Risky Nico Hanna Lumanauw

{"title":"CONTEMPORARY ISSUES ON ASEAN LIBERALIZATION OF LEGAL SERVICE FROM INDONESIA PERSPECTIVE","authors":"Erick Risky Nico Hanna Lumanauw","doi":"10.23920/TRANSBUSLJ.V1I2.369","DOIUrl":"https://doi.org/10.23920/TRANSBUSLJ.V1I2.369","url":null,"abstract":"Kuala Lumpur meeting in 1997 has established and concepted three pillars in ASEAN known as ASEAN Economic Community (AEC), ASEAN Security Community (ASC), and ASEAN Socio-Cultural Community (ASCC). AEC has been established based on ASEAN Economic Blueprint 2015, to reach the target of ASEAN Vision 2020 targets, ASEAN member states made several cooperation agreements such as Preferential Trade Agreement (PTA), ASEAN Free Trade Area (AFTA), ASEAN Framework Agreement on Services (AFAS), ASEAN Investment Area (AIA 1998), and etc. Related to AEC nowadays, massive investment occurred in the ASEAN region, economic growth reached 5% in this region. There's various kinds of bussiness development of the services sector, mainly in legal service, in facing globalization and liberalization of business movement after Free Trade Agreement comes into force in ASEAN. The differences of the governmental system, geographical condition, and the divergence of jurisdiction also reflecting in the ASEAN Countries to regulate each national law regulation. This paper explain the comparison existing ten ASEAN countries national legislation, government decree relating to the liberalization of national legal services in each country. This research was expecting to help Indonesian government re-evaluate the Authorities and regulation related in modern business sector development, in result from the demand of capable attorneys by endorsing foreign lawyers to get practices in Indonesia to transfer knowledge to local attorneys. \u0000 ","PeriodicalId":175924,"journal":{"name":"Transnational Business Law Journal","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128131577","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

ELECTRONIC TRANSACTIONS IN INDONESIA RELATED TO USE THE THEORY OF “LEX INFORMATICA” AND THE CONCEPT OF “SELF REGULATION” 电子交易在印尼的相关使用“信息法”理论和“自我监管”的概念

Transnational Business Law Journal Pub Date : 2020-08-31 DOI: 10.23920/TRANSBUSLJ.V2I1.479

Enni Soerjati Priowirjanto

{"title":"ELECTRONIC TRANSACTIONS IN INDONESIA RELATED TO USE THE THEORY OF “LEX INFORMATICA” AND THE CONCEPT OF “SELF REGULATION”","authors":"Enni Soerjati Priowirjanto","doi":"10.23920/TRANSBUSLJ.V2I1.479","DOIUrl":"https://doi.org/10.23920/TRANSBUSLJ.V2I1.479","url":null,"abstract":"The basis of electronic transaction is the free will from everyone who bind himself to others, without coercion from any party, and without the necessity to meet directly. This requires regulations other than the existing law as guidelines for the perpetrators. The agreement is made under lex Informatica, particularly the rules made and agreed upon by the parties in electronic transaction. This article is written to discuss the use of lex Informatica concerning the self-regulation approach carried out along with its examples of electronic transaction in Indonesia. The focus of the discussing is about the benefits of using lex Informatica in electronic transaction and the relation between lex Informatica and self-regulation as theory and approacch in electronic transaction. This study using juridical normative research methods, and descriptive-analytical specifications, through library research and field studies. The results obtained indicate that lex Informatica as a fondation law in internet can underlying an agreement between the parties regarding matters that are not regulated in statutory regulations and self-regulation relating to lex Informatica can be as a regulatory model that provides an opportunity for parties to regulates electronic transaction activities.","PeriodicalId":175924,"journal":{"name":"Transnational Business Law Journal","volume":"70 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116572249","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0