Yuridika Pub Date : 2024-01-30 DOI: 10.20473/ydk.v39i1.45461

Roman I. Blahuta, Olha O. Barabash, Vasyl Zakharov, Mariia Yu. Kovalska, K. Dobkina

{"title":"Enhancing Human Rights Protections in Ukrainian Law Enforcement: National Compliance with EU Standards","authors":"Roman I. Blahuta, Olha O. Barabash, Vasyl Zakharov, Mariia Yu. Kovalska, K. Dobkina","doi":"10.20473/ydk.v39i1.45461","DOIUrl":"https://doi.org/10.20473/ydk.v39i1.45461","url":null,"abstract":"Ensuring human rights and freedoms is the primary task of national development in Ukraine and the main social values and freedoms that determine the need to ensure the transparent, efficient, and population-oriented functioning of all state institutions that ensure the protection of people's and citizens' rights. The purpose of this research is to identify the state of human rights protection and enforcement in law enforcement activities in EU countries and Ukraine and to outline trends for further improvement in human rights law enforcement activities. The methodological basis of the investigation is the dialectics of worldview and general and specific scientific methods for understanding national phenomena and legal realities. The research finds the promotion and protection of human rights and freedoms are foundational to effective law enforcement activities, requiring alignment with constitutional, legal, and international standards. The modernization of policing principles involves expanding the role of national institutions, fostering accountability, diversity and partnerships, while humanizing police activities to establish trust-based relations with citizens. The research further emphasizes the critical role of implementing these insights into the actual activities of Ukrainian law enforcement agencies for a more meaningful and impactful transformation in ensuring human rights and freedoms. The study is of great scientific and theoretical importance, since scientific achievements in this field define the general direction of its understanding of the state, making it possible to understand and identify new trends in the development of ensuring compliance with human rights and freedoms in the world.","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":"122 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140485260","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

Estimating The Exploration And Production (E&P) Industry's Rig Contract Business Owner 估算勘探与生产 (E&P) 行业的钻机合同业务所有者

Yuridika Pub Date : 2024-01-30 DOI: 10.20473/ydk.v39i1.44966

Robert Pangihutan Radjagoekgoek, Awwal Muhammad Shafiu

{"title":"Estimating The Exploration And Production (E&P) Industry's Rig Contract Business Owner","authors":"Robert Pangihutan Radjagoekgoek, Awwal Muhammad Shafiu","doi":"10.20473/ydk.v39i1.44966","DOIUrl":"https://doi.org/10.20473/ydk.v39i1.44966","url":null,"abstract":"According to Article 33 of the 1945 Structure, oil and gas have the potential to greatly influence state and revenue generation sources, thereby realizing societal welfare and economic prosperity. For this reason, oil and gas have a crucial and strategic position among natural resources. As a result, a specialized work group for exploration and production (E&P) was established through the enactment of Oil and Gas Law Number 22, 2001. This organization is in charge of supervising all exploration and production-related operations. In accordance with Presidential Regulation No. 12, 2021, Procedural Instruction 007, 2017, exploration and production builders carry out the rig procurement procedure to rig providers builders with their proposal Owner Estimate's worth. There are conflicting interpretations and discrepancies in the Owner Estimate instruction problem for upstream exploration and production (E&P). Concerns pertaining to areas of law positivism that Owner Estimate provides may or may not be secret in the process. It allows for collusion during the purchasing procedure. Normative juridical analysis is used in the research to make Owner Estimates of Value and to cover regulation. Therefore, in order to achieve conformity with the agreement principle and legal certainty, it is required to alter the President's Regulation and the Summary of Procedural Instruction. In order for the specialized work group for exploration and production (E&P), the E&P builders, and the rig providers to execute upstream business flawlessly and optimally to support communal welfare, the regulation's evaluation will support legal clarity, ability, and persuasiveness.","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":"54 21","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140480376","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 WTO Dispute Settlement System and How It Incentivizes Imparity Between Indonesia’s Executive and Parliament 世贸组织争端解决体系及其如何鼓励印度尼西亚行政部门与议会之间的不平等性

Yuridika Pub Date : 2024-01-30 DOI: 10.20473/ydk.v39i1.48419

Muhammad Raihan Sjahputra, Jesse Christian Holwerda

{"title":"The WTO Dispute Settlement System and How It Incentivizes Imparity Between Indonesia’s Executive and Parliament","authors":"Muhammad Raihan Sjahputra, Jesse Christian Holwerda","doi":"10.20473/ydk.v39i1.48419","DOIUrl":"https://doi.org/10.20473/ydk.v39i1.48419","url":null,"abstract":"The Indonesian zeitgeist to provide more checks toward the power of its executive organ to formulate and enter into international treaties and agreements during the infancy phase of the Reformasi era, which was spurred on by the international debt ballooning that they suffered under the leadership of President Soeharto, was somewhat undermined by the passing of the Law No. 24 of 2000, which effectively limits the involvement of the House in the formulation process of international treaties to which Indonesia would be a party to. This apparently voluntary weakening of the legislative’s oversight function is caused by the understanding that the realities of contemporary international intercourse has resulted in the increasing need for the formulation and entrance into international treaties and agreements as expeditiously as possible. The WTO, as the manifestation of globalization and its byproduct, neoliberalism, plays a role in creating such a necessity, which in turn incentivizes the imparity between the legislative and executive branches of the Indonesian government. The focus of this article is its dispute settlement system, and how its strengths and its weaknesses, has created the incentive for negotiations and expeditious decision making outside of the system itself, which requires a considerable degree of latitude to be afforded to the party involved in such negotiations, the executive. The discussion in this paper delves upon works dealing with the theoretical implications of several aspects of the WTO dispute settlement system and a case study of the US-Clove Cigarettes Case, which perfectly demonstrates said implications toward Indonesia.","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":"29 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140484289","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

Legal Protection for Child Victims of Bullying from the Perspective of Child Protection Law 从《儿童保护法》角度看对欺凌行为受害儿童的法律保护

Yuridika Pub Date : 2024-01-30 DOI: 10.20473/ydk.v39i1.48032

Dian Ety Mayasari, Andreas L. Atjengbharata, Seguito Monteiro

引用次数: 0

Legal Protection of Bambu Gila Dance as a Traditional Cultural Expression 对作为传统文化表现形式的班布吉拉舞的法律保护

Yuridika Pub Date : 2024-01-30 DOI: 10.20473/ydk.v39i1.48389

Teng Berlianty, Yosia Hetharie, Putri Anggia

{"title":"Legal Protection of Bambu Gila Dance as a Traditional Cultural Expression","authors":"Teng Berlianty, Yosia Hetharie, Putri Anggia","doi":"10.20473/ydk.v39i1.48389","DOIUrl":"https://doi.org/10.20473/ydk.v39i1.48389","url":null,"abstract":"This study aims to examine the bambu gila dance as a potential intellectual property for traditional cultural expressions in Maluku which should receive legal protection as part of efforts to defend cultural heritage from claims of ownership by other parties or other countries. Bambu Gila Dance is one of the famous traditional arts from Maluku. The traditional cultural expression in the form of the Bambu Gila dance is expressly protected by the Indonesian intellectual property rights system. However, protection for Bambu Gila Dance as a traditional cultural expression cannot be realized so that it can only be used by other parties illegally. This research is a normative juridical research supported by primary legal materials and secondary legal materials with a conceptual approach and statutory approach. Legal protection for the traditional Bambu Gila dance from Maluku Province has not been effectively implemented, both based on Article 38 of Law Number 28 of 2014 Concerning Copyright, as well as in terms of the actions of government officials who have not been able to inventory traditional dance performance artworks as an expression traditional culture in Maluku including the Bambu Gila Dance. The role of the Provincial and Regency Governments in Maluku is crucial in realizing legal protection for traditional dances, including the Bambu Gila Dance, as intangible cultural heritage through the establishment of regional regulations. These regulations serve as legal basic to provide legal certainty as part of efforts for preventive legal protection for the Bambu Gila Dance.","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":"72 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140485998","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

Responsibilities of Medical Practice through Digital Health Platforms 通过数字医疗平台实现医疗实践的责任

Yuridika Pub Date : 2024-01-30 DOI: 10.20473/ydk.v39i1.43150

Wella Mareta Nanda, Prilian Cahyani, S.H., S.AP., M.H, Mohamed Ali El Fetouhi Abarran

{"title":"Responsibilities of Medical Practice through Digital Health Platforms","authors":"Wella Mareta Nanda, Prilian Cahyani, S.H., S.AP., M.H, Mohamed Ali El Fetouhi Abarran","doi":"10.20473/ydk.v39i1.43150","DOIUrl":"https://doi.org/10.20473/ydk.v39i1.43150","url":null,"abstract":"Medical practice through digital health platforms is one of the innovations in the health sector that changes the practice of medicine in a modern direction with technological intermediaries. Digital health platforms accommodate doctors in providing medical services to patients virtually. Certain parties may experience the disadvantages of using technology as a result of limitations that surround medical practice through digital health platforms. The laws have not yet provided specific arrangements related to the medical practice through digital health platforms. This research aims to provide legal certainty by identifying and analyzing the limits of liability of the parties involved in medical practices through digital health platforms. This legal research uses a statutory approach and conceptual approach. The results showed that the imposition of liability for losses suffered by a particular party is based on the element of error inherent in the party that caused the loss. Platform operators are responsible for the leakage of a patient's personal data and medical records. Doctors are responsible for misdiagnosis and prescribing of drugs after the patient provides correct health information. The courier delivery is responsible for ensuring the medicine reaches the patient from the pharmacy according to the prescription given by the doctor. The electronic payment company must solve the transfer of funds problem and the insurances responsible for taking care on insurances needs if the patient connects the treatment with their insurance.","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":"380 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140479995","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

ASEAN States Cooperation in the Control and Prevention of Illicit Drugs Trafficking 东盟国家在控制和预防非法药物贩运方面的合作

Yuridika Pub Date : 2023-09-01 DOI: 10.20473/ydk.v38i3.44872

Sinar Aju Wulandari, Putri Kirana

{"title":"ASEAN States Cooperation in the Control and Prevention of Illicit Drugs Trafficking","authors":"Sinar Aju Wulandari, Putri Kirana","doi":"10.20473/ydk.v38i3.44872","DOIUrl":"https://doi.org/10.20473/ydk.v38i3.44872","url":null,"abstract":"The high modus operandi and increasing technological sophistication have implicate the transnational movement of illicit drug trafficking. The phenomenon of increased narcotics crime cases poses a threat to countries, including those in the ASEAN region. This type of crime poses a threat to the production and trade of illegal drugs. ASEAN, as a regional organization in Southeast Asia, is still facing several challenges, particularly the commitment of its member countries to combating illicit drug trafficking. Aside from funding issues, geographical location, cultural challenges, and social customs are all factors influencing the speed with which narcotics are handled. Several programs were initiated by each country in the ASEAN region with the primary goal of collaborating to reduce narcotics distribution and abuse. This article aims to analyze the sustainability of the ASEAN 2015 Drug-Free Program and the role of UNODC in the ASEAN region. The normative legal research method was used in this article, with primary and secondary legal sources. The article concludes that the program for dealing with narcotics crime begins with the ASEAN drug-free declaration, which harmonizes member countries' perspectives through their representatives to eliminate the cultivation, consumption, and trade of narcotics across national borders. As an international organization, UNODC (United Nations Office on Crime and Drugs) exists to facilitate cooperation and coordination through programs initiated with special narcotics agencies from each member country. Coordination between the two organizations is critical for the successful implementation of the program that has been initiated.","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":"37 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139343960","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

Online Marketplace's Role and Legal Responsibilities on 'Official Store' Restrictions To Implement Fair Competition Principle 在线市场在 "官方商店 "限制方面的作用和法律责任，以落实公平竞争原则

Yuridika Pub Date : 2023-09-01 DOI: 10.20473/ydk.v38i3.47737

Andyna Susiawati Achmad, A. A. Indradewi

{"title":"Online Marketplace's Role and Legal Responsibilities on 'Official Store' Restrictions To Implement Fair Competition Principle","authors":"Andyna Susiawati Achmad, A. A. Indradewi","doi":"10.20473/ydk.v38i3.47737","DOIUrl":"https://doi.org/10.20473/ydk.v38i3.47737","url":null,"abstract":"In order to implement the idea of fair business competition, this article will analyze the function and legal obligations of online marketplaces in limiting commercial actors as 'official stores'. Normative juridical law research with statutory and conceptual techniques was used to create this study. According to the results, the distribution of commodities from producers to consumers has been altered by digital disruption. Currently, a number of online marketplace platforms offer 'official store' services to a small group of business players so they can expand their enterprises exclusively. Applying 'official stores' terms and conditions to business actors is prohibited by both Law No. 5 of 1999, which prohibits unfair business competition, and Government Regulation 29 of 2021, which relates to the implementation of the trade sector. Distributors and agents of associated producers will face unfair economic rivalry as a result of producers entering the online market as 'official stores'. Producers are prohibited from selling their products in retail settings, whether offline or online, in accordance with the relevant legislation. The findings of this study should benefit the parties involved in the online marketplace by fostering fair commercial competitiveness.","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":"239 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139345362","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 Urgency of Returning the People's Consultative Assembly Authority in Determining the Outlines of the Nation’s Direction 赋予人民协商会议决定国家发展方向的权力的紧迫性

Yuridika Pub Date : 2023-09-01 DOI: 10.20473/ydk.v38i3.36885

Deny Noer Wahid, Isdian Anggraeny, Samira Echaib

{"title":"The Urgency of Returning the People's Consultative Assembly Authority in Determining the Outlines of the Nation’s Direction","authors":"Deny Noer Wahid, Isdian Anggraeny, Samira Echaib","doi":"10.20473/ydk.v38i3.36885","DOIUrl":"https://doi.org/10.20473/ydk.v38i3.36885","url":null,"abstract":"The role of the MPR after the amendments to the 1945 Constitution carried out in the reform era has reduced most of the power of the MPR which was originally as an implementation of people's sovereignty, as stipulated in Article 1 paragraph (2) of the 1945 Constitution. As a result, the MPR of the Republic of Indonesia showed that as an permanent state high institution, although they continue to function as ad hoc organizations. Furthermore, the government's development became unsure and tended to be chaotic after the Indonesian People's Consultative Assembly abolished the power to define the country's direction, prioritizing only the five-year political program. By placing restrictions on the drafting of these provisions, restoring the People's Consultative Assembly of the Republic of Indonesia's power to make decisions, it is hoped that it will become a function of social control of the Citizen. Based on the description above, the following problems are formulated: 1. The urgency of returning the MPR's role to make decisions as a function of citizen social control. 2 Restore the authority of the MPR to make the outlines of the nation’s direction as a guideline for state development. In order to discuss this, a historical approach, a statutory approach, and a conceptual approach are combined with a normative legal research methodology.","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":"24 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139344319","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

Let's Play Content as a Fiduciary Collateral under Indonesian Law: Potential Challenges Let's Play 内容作为印度尼西亚法律规定的信托抵押品：潜在挑战

Yuridika Pub Date : 2023-09-01 DOI: 10.20473/ydk.v38i3.44756

Muhammad Anas Fadli, Muhammad Pravest Hamidi, Farhan Azzahra, Rayyan Gustio, Kevin Aritonang

引用次数: 0

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