Pandecta Research Law Journal最新文献_第2页

Legal Protection and Liability for Multimodal Transport Operators in The Transport of Dangerous and Toxic Goods 危险、有毒货物运输中多式联运经营人的法律保护和责任

Pandecta Research Law Journal Pub Date : 2023-06-23 DOI: 10.15294/pandecta.v18i1.42153

Hilda Yunita, Kresna Aron, Joao Nuno Domingues Ferreira

{"title":"Legal Protection and Liability for Multimodal Transport Operators in The Transport of Dangerous and Toxic Goods","authors":"Hilda Yunita, Kresna Aron, Joao Nuno Domingues Ferreira","doi":"10.15294/pandecta.v18i1.42153","DOIUrl":"https://doi.org/10.15294/pandecta.v18i1.42153","url":null,"abstract":"Legal protection protects human rights that harm other people, and every human being is provided with this protection in order they can savor all of their legal right. In other words, legal protection is various legal remedies that must be provided by law enforcement officials to provide a sense of security, both physically and mentally as well as interference from various threats originating from any party. In contrast, transportation law can be interpreted as the overall legal norms and principles governing relationships and consequences of transportation law. This research shows that a form of legal protection for transportation service users can be provided in the form of preventive and repressive legal protection. The responsibility given to service users is in the form of compensation or compensation in the event of damage or loss of goods in the transportation process. There are two approaches used by researchers in this thesis, namely the Legislative Approach and the Conceptual Approach. In this legislative approach, the approach in legal research that provides an analytical point of view of problem-solving legal research is seen from the aspects of the legal concepts that lie behind it or even can be seen from the values contained in the normalization of regulation with the concepts used. Most of these approaches are used to understand the concepts related to normalization in legislation, whether they are in accordance with the spirit contained in the underlying legal concepts.","PeriodicalId":30516,"journal":{"name":"Pandecta Research Law Journal","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136084052","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

Covid-19 Pandemic as Force Majeure Unable to Fulfill Obligation in Financing Agreement Covid-19大流行是不可抗力，无法履行融资协议中的义务

Pandecta Research Law Journal Pub Date : 2023-06-23 DOI: 10.15294/pandecta.v18i1.42295

Dewantoro Dewantoro, Achmad Busro, Ery Agus Priyono

引用次数: 0

Delegated Legislation Making Models in Indonesia within 1999-2012 1999-2012年印尼委托立法模式研究

Pandecta Research Law Journal Pub Date : 2023-06-23 DOI: 10.15294/pandecta.v18i1.44476

Fitriani Ahlan Sjarif

引用次数: 0

Development of Traditional Cultural Expressions of Patingtung Art from the Aspects of Copyright and Advancement of Culture 从版权与文化进步看屏东艺术传统文化表现形式的发展

Pandecta Research Law Journal Pub Date : 2023-06-23 DOI: 10.15294/pandecta.v18i1.43359

Inge Dwisvimiar, Dede Agus, Maulia Tasyafa Audry

{"title":"Development of Traditional Cultural Expressions of Patingtung Art from the Aspects of Copyright and Advancement of Culture","authors":"Inge Dwisvimiar, Dede Agus, Maulia Tasyafa Audry","doi":"10.15294/pandecta.v18i1.43359","DOIUrl":"https://doi.org/10.15294/pandecta.v18i1.43359","url":null,"abstract":"The patingtung art from Serang City has been classified as a traditional cultural expression and intangible cultural heritage of Banten Province. However, the registration of patingtung art as an intangible cultural heritage is not enough, but it must also be in accordance with the mandate of Copyright and Advancement of Culture. This research uses normative empirical research methods, an in concreto approach and descriptive qualitative data analysis by comparing the normative law of the Copyright Law and Advancement of Culture with empirical law in the form of its implementation of the protection of traditional cultural expressions of the patingtung type. The result of this study is that the development of traditional cultural expressions of Patingtung art can be carried out through three basic arrangements, namely Law Number 28 of 2014 on Copyright with inventory, Law Number 5 of 2017 on Advancement of Culture with inventory, security, maintenance, rescue and publishing. Serang City Government completes a form of conservation by preserving regional culture through Serang City Regional Ordinance Number 4 of 2013. Patingtung art activities are limited to inventory only. Maintenance is still integrated with other programs so maintenance is minimal. On the other hand, protection in the form of safety and rescue was not implemented.","PeriodicalId":30516,"journal":{"name":"Pandecta Research Law Journal","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136085173","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

Formulating Institutional Harmonization of UNNES Legal Entity Organs in The Frame of Check and Balances System 在制衡制度框架下制定联合国环境法实体机关的制度协调

Pandecta Research Law Journal Pub Date : 2023-06-23 DOI: 10.15294/pandecta.v18i1.40740

Ali Masyhar, Siti Mursidah, Ali Murtadho

{"title":"Formulating Institutional Harmonization of UNNES Legal Entity Organs in The Frame of Check and Balances System","authors":"Ali Masyhar, Siti Mursidah, Ali Murtadho","doi":"10.15294/pandecta.v18i1.40740","DOIUrl":"https://doi.org/10.15294/pandecta.v18i1.40740","url":null,"abstract":"As a dynamic organization, Universitas Negeri Semarang (UNNES) continues to improve itself towards better public services, namely as a State University Legal Entity. State University Legal Entities have a very positive impact, especially the autonomy of academic and non-academic administration and management. After drafting the statutes and forming the organs of the UNNES, the institutions that need to be prepared are institutional arrangements so that the harmony of the organs of UNNES is maintained as a State University Legal Entity. In order to be organized and harmonious relations occur, in line between the organs of the UNNES as a state university legal entity, a check and balances system needs to be implemented. The application of checks and balances system between organs of State Universities Legal entities, UNNES needs to be covered in a regulation so that there will be no mutual claims and shows of strength. Based on this background, this research is based on the formulation of the problem, what is the format of the check and balances system of relations between organs of State University Legal Entities, UNNES in order to achieve the vision and mission as formulated in the statutes? And what is the appropriate formulation/draft so that there can be harmonization of relations between the organs of UNNES, State Universities Legal Entities? Based on the formulation of the problem, it is intended to produce a harmonious relationship format between organs of State Universities Legal Entities, UNNES, as well as produce appropriate regulations in maintaining harmonization of relations between organs of UNNES as a State Universities Legal Entity. Based on the research objectives, the suitable research method used is qualitative research with a policy approach. The research object is using deep interview and document analysis methods.","PeriodicalId":30516,"journal":{"name":"Pandecta Research Law Journal","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136085176","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

Document Digitization By Notary As Part of Cyber Notary Provision 公证文件数字化作为网络公证规定的一部分

Pandecta Research Law Journal Pub Date : 2022-12-31 DOI: 10.15294/pandecta.v17i2.40181

Yuli Prasetyo Adhi, Dewi Sulistianingsih, Herni Widanarti, Bagus Rahmanda, M. S. Prabowo

{"title":"Document Digitization By Notary As Part of Cyber Notary Provision","authors":"Yuli Prasetyo Adhi, Dewi Sulistianingsih, Herni Widanarti, Bagus Rahmanda, M. S. Prabowo","doi":"10.15294/pandecta.v17i2.40181","DOIUrl":"https://doi.org/10.15294/pandecta.v17i2.40181","url":null,"abstract":"The digital era is something that cannot be avoided in Indonesia and even throughout the world. Various Activities change from analog to digital. Digitization activities are carried out by a notary, one of the professionals, who digitize documents for needs, and orders of laws and regulations. This article aims to analyze the urgency of document digitization carried out by Notaries, and its implications for the performance of Notaries in the current era of technological transformation. In addition, this article will also discuss the obstacles and challenges for notaries in digitizing documents. This article is the result of research conducted using the socio-legal method. Socio-legal studies carry out textual studies of articles in legislation and policies that can be critically analyzed and explained their meanings and implications for legal subjects. Several laws and regulations require notaries to digitize, especially document digitization. The process of digitizing documents carried out by a Notary is still in the stage of digitizing printed documents and placing them in a file for uploading needs on the web or certain systems. This process has its obstacles and challenges for Notaries and employees who work at Notaries.","PeriodicalId":30516,"journal":{"name":"Pandecta Research Law Journal","volume":"13 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76611453","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

Development and Challenges of Using Trademark Rights as Intangible Assets in Bankruptcy Assets in Indonesia 印尼破产资产中商标权作为无形资产的发展与挑战

Pandecta Research Law Journal Pub Date : 2022-12-30 DOI: 10.15294/pandecta.v17i2.40130

Paramita Prananingtyas

{"title":"Development and Challenges of Using Trademark Rights as Intangible Assets in Bankruptcy Assets in Indonesia","authors":"Paramita Prananingtyas","doi":"10.15294/pandecta.v17i2.40130","DOIUrl":"https://doi.org/10.15294/pandecta.v17i2.40130","url":null,"abstract":"Intellectual property rights in the form of trademarks rights are company assets that have economic value. In its development, trademark rights can become part of the debtor’s bankruptcy estate in a bankruptcy. However, in its implementation there are challenges in the use of trademark rights as bankrupt assets in order to pay off the debts of the bankrupt debtor. This study aims to determine the development of the use of trademark rights as bankrupt assets and analyze the challenges of trademarks execution as assets of bankrupt debtors. This research is a normative legal research using a statutory approach and a conceptual approach. The results showed that a trademark as a type of object, related to the bankruptcy process, is a type of object that can be used as part of assets in the process of paying debts to creditors, because intangible assets that have economic value and trademark rights can be transferred handing over their rights to other parties is part of the bankruptcy estate. The challenges faced in the use of trademark rights as bankrupt assets are related to trademark valuation, protection status and the validity period of trademark protection, as well as related to disputes over trademarks with third parties.","PeriodicalId":30516,"journal":{"name":"Pandecta Research Law Journal","volume":"2 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82808404","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

Sustainable Development Goals: The Crème de la Crème Nexus to Enhance Indonesian Enterprise’s Environmental Responsibility 可持续发展目标:加强印尼企业环境责任的cr<e:1> de la cr<e:1> Nexus

Pandecta Research Law Journal Pub Date : 2022-12-30 DOI: 10.15294/pandecta.v17i2.38542

David Tan

{"title":"Sustainable Development Goals: The Crème de la Crème Nexus to Enhance Indonesian Enterprise’s Environmental Responsibility","authors":"David Tan","doi":"10.15294/pandecta.v17i2.38542","DOIUrl":"https://doi.org/10.15294/pandecta.v17i2.38542","url":null,"abstract":"Humanity is on the verge of the 2030 Agenda for Sustainable Development deadline. The tension between environmental and corporate-developmental interests has been a focal part of the law- and policy-making processes. These instruments reveal that the sustainable development agenda in the business and environmental sector has not been straightforward to accomplish. The balance, nonetheless, appears to bend in favor of securing the environment. This paper investigates how the “well-established” SDGs have matured as the nexus and affect the augmentation of the national corporate and environmental laws. In that respect, this work has delineated SDGs as a nexus for legislative improvement, proposed the possibility for mutuality with national corporate and environmental laws, and outlined the challenges impeding the purposeful implementation of SDGs. The purposes of this research are identifying the nexus between the SDGs and enterprise sustainability, to unravel the possibility for mutualism, and understanding the challenges hindering the implementation of SGDs in enterprises’ activities. The normative juridical legal research was administered for this research, with a literature study approach to compile scientific literacy from within and outside the country. The analysis is conducted qualitatively. This study establishes and ascertains that the SDGs are the ultimate nexus for business-environmental sustainability that can be accustomed to the local wisdom of each nation, notwithstanding it is universal in nature. The mutuality within the SGDs and business-environmental law can also be accomplished, and there is urgent merit to surmount the challenges that have been outlined in this paper.","PeriodicalId":30516,"journal":{"name":"Pandecta Research Law Journal","volume":"5 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81819262","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

Critical Analysis of Application of Article 303 BIS Paragraph (1) to 1 of The Criminal Code in Accessible Cases Online Gambling 《刑法》第三百零三条第一款第一项适用于网络赌博无障碍案件的批判性分析

Pandecta Research Law Journal Pub Date : 2022-12-30 DOI: 10.15294/pandecta.v17i2.29353

Ni Made Anjani Dwi Maharani, Somawijaya Somawijaya, A. Ramdan

{"title":"Critical Analysis of Application of Article 303 BIS Paragraph (1) to 1 of The Criminal Code in Accessible Cases Online Gambling","authors":"Ni Made Anjani Dwi Maharani, Somawijaya Somawijaya, A. Ramdan","doi":"10.15294/pandecta.v17i2.29353","DOIUrl":"https://doi.org/10.15294/pandecta.v17i2.29353","url":null,"abstract":"Gambling in Indonesia is distinguished into two, ordinary gambling regulated in the Criminal Code and online gambling as stipulated in Law No. 11 of 2008 on Information and Electronic Transactions. Defendant Aan alias Andi committed a crime of online gambling by the way the defendant became an online gambling agent and the defendant was tasked with sharing the access code namely password and ID to the players who wanted to become members of the defendant’s online gambling. The defendant will benefit from the players using the defendant’s access code. The problem that the researchers reviewed relates to the application of Article 303 bis paragraph (1) to 1 of the Criminal Code by the judge on criminal acts making accessible gambling content carried out by defendant Aan alias Andi. Writing these laws using methods approach juridical normative that focused on research on data library. The specification of research that used a descriptive analytical, namely give a description data and carefully as completely as possible about the object of the problem as the result of the study library various literature, legislation, and other ingredients that deals with discussion at in writing the study case. Based on the results of the research, it is known that: First, the judge decided that the defendant Aan namely Andi used Article 303 bis paragraph (1) to 1 of the Criminal Code which was inappropriate because in Article 303 bis paragraph (1) to 1 of the Criminal Code there was no element of making gambling content accessible and making gambling content accessible has been specifically regulated in Article 27 paragraph (2) of the ITE Law. Second, Decision Number 184/Pid.B/2018/PN.Btm does not reflect the objectives of the law, namely justice, certainty and expediency which will have an impact on the weakness of the law enforcement process for the crime of gambling due to the low sentence given by the panel of judges.","PeriodicalId":30516,"journal":{"name":"Pandecta Research Law Journal","volume":"10 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90985719","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

Human Rights Perspective of Protection Law for The Outsourcing Bank Workers in Ciptakerja Omnibus Law Bill Ciptakerja综合法案中银行外包员工保护法的人权视角

Pandecta Research Law Journal Pub Date : 2022-12-30 DOI: 10.15294/pandecta.v17i2.34467

R. Tektona

{"title":"Human Rights Perspective of Protection Law for The Outsourcing Bank Workers in Ciptakerja Omnibus Law Bill","authors":"R. Tektona","doi":"10.15294/pandecta.v17i2.34467","DOIUrl":"https://doi.org/10.15294/pandecta.v17i2.34467","url":null,"abstract":"In economic development, The bank is one of the economic “spine ”of the country, competition in the world of banking business makes bank needs to focus for creating many products and services which is related to their main competition, for the recruitment staff bank also using outsources company to make easier and everything more efficiency for them. Outsourcing in Indonesia refers to power experts. The Indonesian government also have rights to protects all employee because there are law bills number 13 the year of 2003 (No. 13 Tahun 2003) about outsources employment it said outsources employment could not taking care of the main job in the company but in Omnibus Law bills it is said all the outsources employee could working in everything and all the type of job desk in a company could be handle by outsourcing workers. This journal is using normative method research, this normative method of research it has function is to discuss bills that people talking about. The Author is using a few methods for this journal such as legislative approach, conceptual approach for the main purpose is to help the academic world for having Journal about employment laws.","PeriodicalId":30516,"journal":{"name":"Pandecta Research Law Journal","volume":"39 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81507191","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