UNTAG Law ReviewPub Date : 2021-05-28DOI: 10.56444/ulrev.v5i1.2210
Adinda Destaloka Putri Permatasari
{"title":"THE URGENCY OF HARMONIZING CONTRADICTORY REGIONAL REGULATIONS THAT HINDERS THE INVESTOR INTEREST ON INVESTMENT","authors":"Adinda Destaloka Putri Permatasari","doi":"10.56444/ulrev.v5i1.2210","DOIUrl":"https://doi.org/10.56444/ulrev.v5i1.2210","url":null,"abstract":"Indonesia as a developing country needs investors in developing natural resource potential and national development. The main source of national development funds in Indonesia can be domestic funds. However, the amount of available domestic funds is very limited, so the government uses funds from abroad. One source of funds from abroad that can be used to finance Indonesia's development is foreign investment or investment. Investors in investing have several wrong considerations. only one is the regulations that apply in that country. The existence of regional regulations that are contradictory to the central regulations in the investment sector has made foreign investors less interested in controlling Indonesia, therefore urging the government to take action in overcoming this problem by realizing harmonization between regional and central regulations.","PeriodicalId":259996,"journal":{"name":"UNTAG Law Review","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-05-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130124635","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}
UNTAG Law ReviewPub Date : 2021-05-28DOI: 10.56444/ulrev.v5i1.2209
Maya Ruhtiani
{"title":"LEGAL PROTECTION OF TRADITIONAL ARCHITECTURAL DESIGN OF KAMPUNG NAGA AS TRADITIONAL KNOWLEDGE IN INDONESIA","authors":"Maya Ruhtiani","doi":"10.56444/ulrev.v5i1.2209","DOIUrl":"https://doi.org/10.56444/ulrev.v5i1.2209","url":null,"abstract":"Legal protection of traditional architectural design as a part of Indonesian traditional knowledge, without being realized, has become a great and complicated issuebecause recently it is being exploited by irresponsible parties. The Indonesian philosophy Bhinneka Tunggal Ika describes Indonesia which consists of many ethnic groups around every corner of archipelago in which they create their own culture area with different condition. Every ethnic has traditional architecture as the cultural manifestation which rests on the custom and belief. Traditional architectural design as a piece of traditional knowledge in Indonesia is considered as one of cultural conservation which is material that needs to be protected. One of the matters that attracts attention now is architectural design of indigenous village in Indonesia called Kampung Naga. Kampung Naga provides sample or design of energy-efficient building in which its design is later developed by the private parties in Indonesia. Traditional intellectual property specifically the local wisdom has proved to offer many contributions for the development of environmental insight by using the teachings from ancestors which have been inherited through generations for centuries. Therefore, this research focuses on legal protection of traditional architectural design as a cultural conservation of Kampung Naga society in Indonesia which needs to be protected from exploitation or piracy both from private companies in Indonesia and from another country.","PeriodicalId":259996,"journal":{"name":"UNTAG Law Review","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-05-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130918929","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}
UNTAG Law ReviewPub Date : 2021-05-27DOI: 10.36356/ULREV.V5I1.2207
Maytsa Atika Al Maghfiroh, F. U. Najicha
{"title":"LEGAL BASIS FOR TAKING THE LAND OWNED AND COMPENSATION FOR THE AFFECTED LAND","authors":"Maytsa Atika Al Maghfiroh, F. U. Najicha","doi":"10.36356/ULREV.V5I1.2207","DOIUrl":"https://doi.org/10.36356/ULREV.V5I1.2207","url":null,"abstract":"Indonesia always been active in carrying out development activities such as public development. The government has a duty to make Development for the public for the welfare of the people. The problem of land acquisition is considered vulnerable handling because it covers the lives of people. Currently, it is considered very difficult to carry out development for the public interest on state-owned land. The purpose of this research is to find out that the taking of rights to land due to the widening by the government of private land rights to realize national development have laws underlie it. The government compensation for freehold land taken from the community with an agreement that has been deliberated beforehand. The process of providing compensation must be balanced so that the owners of land rights are not harmed. In this research, the library research method is used by examining through books, journals, laws, and other written documents related to the issues to be discussed. The results showed that the process of taking over land rights due to widening by the government was based on Law Number 2 of 2012. The compensation provided is alsofurther explained in Presidential Regulation No. 65 of 2006.","PeriodicalId":259996,"journal":{"name":"UNTAG Law Review","volume":"60 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-05-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125497519","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}
UNTAG Law ReviewPub Date : 2021-05-27DOI: 10.36356/ULREV.V5I1.2204
Vera Ayu Riandini
{"title":"JURIDICAL ANALYSIS OF PEER TO PEER LENDING ACCORDING TO CONTRACT LAW","authors":"Vera Ayu Riandini","doi":"10.36356/ULREV.V5I1.2204","DOIUrl":"https://doi.org/10.36356/ULREV.V5I1.2204","url":null,"abstract":"Logic business law understood that the business world confront businesses in business activity, and the contract is an important legal instrument which establish legal relationship and secures business transactions. The rapid growth of information and technology the internet bring up transactions financing startup in financial technology of crowdlending and here contract into very important to be set .This research first, aimed at outlines crowdlending benefits for financing sector startup, second, to explain the functions of/the role of contract financings crowdlending services. Research methodology used is the method research law that is normative, with the methods approach of the concept and principle in a contract. The result of this research suggests that rule of POJK 77/2016 not explained in detail on the regulations peer to peer lending contract so the marketplace in line KUHPerdata and having its own innovations, there is the possibility of risk and risk failed to pay, the risk of failure it infrastructure, the risk of fraud by borrowers and risk reputation.","PeriodicalId":259996,"journal":{"name":"UNTAG Law Review","volume":"98 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-05-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126089279","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}
UNTAG Law ReviewPub Date : 2021-05-27DOI: 10.36356/ULREV.V5I1.2206
Hartini Atikasari
{"title":"THE TERMS OF ACQUIRING EIGENDOM RIGHT ON LAND THROUGH STATUTE OF LIMITATION (DALUWARSA)","authors":"Hartini Atikasari","doi":"10.36356/ULREV.V5I1.2206","DOIUrl":"https://doi.org/10.36356/ULREV.V5I1.2206","url":null,"abstract":"This paper contains about how to apply the law of transfer of right on land as well as the requirements for acquiring eigendom right on land through statute of limitation(daluwarsa), both before the enactment of the Law Number 5 of 1960 concerning Basic Agrarian Law (hereinafter referred as BAL) and after the enactment of the BAL. Furthermore, the prerequisites for obtaining eigendom right on land will be analysed based on the provisions of the principle of good faith, also describe the reasons for property rights to be nullified and become state land according to the applicable law. There is also in this paper the author uses normative legal research methods by utilizing legal literatures and legal dictionaries. This research resulted in unexpected conclusions because based on literature studies, legal facts were produced if there were differences in the rules for acquiring land right through statute of limitation between the Civil Code and the BAL, so that it had implications for the land law system in Indonesia.","PeriodicalId":259996,"journal":{"name":"UNTAG Law Review","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-05-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128115622","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}
UNTAG Law ReviewPub Date : 2021-05-27DOI: 10.36356/ULREV.V5I1.2208
D. Tarina, M. Sakti, Dinda Dinanti
{"title":"LAW ENFORCEMENT AGAINST FOOD HOARDING ACTIVITIES DURING THE COVID-19","authors":"D. Tarina, M. Sakti, Dinda Dinanti","doi":"10.36356/ULREV.V5I1.2208","DOIUrl":"https://doi.org/10.36356/ULREV.V5I1.2208","url":null,"abstract":"The world is currently facing the same problem, namely the coronavirus or Covid 19. During this pandemic, all sectors of the economy are very influential on survival. The existence of Large-Scale Social Restrictions (PSBB) has caused people to panic buying. So, in other words, there has been a new problem, carrying out the activities of hoarding staple food carried out by entrepreneurs, suppliers, and traders. The hoarding results in losses to the community or business actors. By conducting juridical normative research methods based on applicable laws and regulations, law enforcement is needed to realize justice, certainty, and benefits. The policy in tackling the crime of food hoarding in Indonesia has been regulated in Law Number 18 of 2012 concerning Food and Law Number 7 of 2014 concerning Food. Moreover, it has also regulated in Government Regulation No. 17 the Year 2015 on Food Security and Nutrition, which regulates the mechanism, procedure, the maximum amount of staple food storage by businesses. Business actors who deliberately hoard food may be sentenced to imprisonment for a maximum of 7 (seven) years or a maximum fine of Rp. 100,000,000,000.00 (one hundred billion rupiah). It can be concluded that criminal law policy-related efforts to combat the crime of hoarding of food have been regulated in the Law of Food and Trade Act.","PeriodicalId":259996,"journal":{"name":"UNTAG Law Review","volume":"292 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-05-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116307569","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}
UNTAG Law ReviewPub Date : 2019-11-05DOI: 10.36356/ulrev.v3i1.1073
I. Hartini
{"title":"ETHICO-MEDIKOLEGAL EMERGENCY SERVICE","authors":"I. Hartini","doi":"10.36356/ulrev.v3i1.1073","DOIUrl":"https://doi.org/10.36356/ulrev.v3i1.1073","url":null,"abstract":"Emergency Room (ER) is specific department in the hospital with specific problem too. A true emergency is any condition clinically determined to require immediate medical care. Government has regulation if every health facility must give health care without money deposit and every invasive medical treatment need informed consent.Together, this condition sometimes made unsatisfaction for patient and his family. How applied informed consent, if unconscious patient came without his/her family ? Who must make decision for treatment ?","PeriodicalId":259996,"journal":{"name":"UNTAG Law Review","volume":"53 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-11-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134039688","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}
UNTAG Law ReviewPub Date : 2019-11-03DOI: 10.36356/ulrev.v3i1.1070
B. Yusuf
{"title":"LEGAL PROTECTION FOR CONSUMERS IN TRANSACTIONS FOR E-COMMERCE","authors":"B. Yusuf","doi":"10.36356/ulrev.v3i1.1070","DOIUrl":"https://doi.org/10.36356/ulrev.v3i1.1070","url":null,"abstract":"The development of information and electronic technology every time becomes faster, supported by the great curiosity of humans to make information technology and electronics as daily consumption. Technology penetrated into the business world pampering the community with ease of accessibility through ecommerce systems. People enjoy buying and selling facilities through e-commerce, but most people forget that every thing has a positive and negative side. The majority of people enjoy the convenience and convenience of e-commerce to access and obtain the desired items, but not a few community members have become victims of e-commerce transactions. The government acting as a regulator has issued a lot of laws and regulations, but until now all forms of injustice, fraud, and even crime through ecommerce buying and selling have not been completely blocked. Institutions established specifically to defend disadvantaged consumers also do not yet have adequate specifications to protect disadvantaged consumers through e-commerce buying and selling. The capabilities and facilities possessed by law enforcement officers are still limited, there are still many perpetrators of injustice, fraud and crime in buying and selling e-commerce that are still moving and operating freely. Based on the reality of e-commerce buying and selling formulated a problem regarding how legal protection is actually for consumers in buying and selling e-commerce? What obstacles are faced by consumers to get legal protection in buying and selling e-commerce? How is the legal effort made by consumers who are disadvantaged in buying and selling ecommerce? Using positive law analyzed with reality that occurs in the community it can be concluded that e-commerce buying and selling is arguably a new thing so that it demands for the whole legal system and legal subjects to adapt to technological developments and the progress of civilization","PeriodicalId":259996,"journal":{"name":"UNTAG Law Review","volume":"122 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-11-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121894607","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}
UNTAG Law ReviewPub Date : 2019-11-03DOI: 10.36356/ULREV.V3I1.1072
S. Putra, A. Kusumaningrum
{"title":"EXISTENCE OF TERAPEUTIC AGREEMENTS AS BASICS OF RELATIONSHIP DOCTORS AND PATIENTS IN HEALTH SERVICES","authors":"S. Putra, A. Kusumaningrum","doi":"10.36356/ULREV.V3I1.1072","DOIUrl":"https://doi.org/10.36356/ULREV.V3I1.1072","url":null,"abstract":"This work aims to analyze the existence of a therapeutic agreement as the basis of the relationship between doctors and patients in health services. Health services originate from a relationship of trust between doctors and patients that develops into a therapeutic transaction or therapeutic agreement. The object of this therapeutic agreement, when viewed from medical science, can be specified in general in health services that can be started from promotive, preventive, curative, and rehabilitative efforts. Juridically, all medical action in the health service can be a legitimate object of law, but the form of the medical agreement must be clear whether the inspector is an agent (agreement on the effort) or result of the intervention (agreement on results). This is important in relation to the burden of proof in the event of a lawsuit.","PeriodicalId":259996,"journal":{"name":"UNTAG Law Review","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-11-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115863854","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}
UNTAG Law ReviewPub Date : 2019-11-02DOI: 10.36356/ulrev.v3i1.1071
Anang Setiyawan
{"title":"NATIONAL CYBERSECURITY POLICY IN THE U.S AND INDONESIA","authors":"Anang Setiyawan","doi":"10.36356/ulrev.v3i1.1071","DOIUrl":"https://doi.org/10.36356/ulrev.v3i1.1071","url":null,"abstract":"Cyber attacks are a dangerous threat to a country that has a high dependence on communication and information technology. Cyber attacks can be used systematically to disrupt and dysfunction an infrastructure and network so that it can cause not only physical damage but also fatalities. Cyber attacks are complex and multidomain; consequently, they require comprehensive and targeted policies. Indonesia in the early stages of developing cyber policies, therefore it can learn from America in developing policies in dealing with cyber threats.","PeriodicalId":259996,"journal":{"name":"UNTAG Law Review","volume":"100 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-11-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114304656","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}