Yuridika最新文献_第9页

Juridical Analysis of Regulation Controling of Import or Export of Goods That are Suspected or Originating of Intellectual Property Infringment, Particularly on Registered Trademark 涉嫌或原产于侵犯知识产权特别是注册商标的货物进出口管制的法律分析

Yuridika Pub Date : 2021-09-01 DOI: 10.20473/ydk.v36i3.26152

Liah Anggraeni Basuki

{"title":"Juridical Analysis of Regulation Controling of Import or Export of Goods That are Suspected or Originating of Intellectual Property Infringment, Particularly on Registered Trademark","authors":"Liah Anggraeni Basuki","doi":"10.20473/ydk.v36i3.26152","DOIUrl":"https://doi.org/10.20473/ydk.v36i3.26152","url":null,"abstract":"Protection of intellectual property laws can be started from the action of preventing the entry or exit of goods from a country. The Directorate General of Customs and Excise, Ministry of Finance of the Republic of Indonesia, which is the implementing agency in the customs sector, can control the import or export of goods suspected of being or originating from the result of intellectual property infringement. It is a financial activity involving several institutions including the Directorate General of Customs and Excise, the Ministry of Finance of the Republic of Indonesia as executor, the Directorate of Trademarks, the Ministry of Law and Human Rights as the institution that issues trademark rights and the Commercial District Court to exercise judicial authority. Its implementation, regulations have been made regarding the processes and conditions for controlling the export and import of goods, which accommodate the interests of the state as a regulator with the aim of regulating and harmonizing customs regulations and trademark law and the interests of rights holders or mark owners as the injured party if there is an infringement. However, there are arrangements that are \"considered\" to be detrimental to the right holder or registered mark owner, that is in relation to the domicile of the party applying for trademark protection in the customs area. This research uses a normative research type and a statue approach as well as a conceptual approach. So that with this research the brand owners or rights holders can determine the right steps to protect the registered marks in accordance with applicable regulations.","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47676757","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

Reform of Plan Termination in Suspension of Debt Payment Obligations (PKPU) in Indonesia 印尼债务偿付义务终止计划的改革

Yuridika Pub Date : 2021-09-01 DOI: 10.20473/ydk.v36i3.30295

Farih Romdoni Putra

{"title":"Reform of Plan Termination in Suspension of Debt Payment Obligations (PKPU) in Indonesia","authors":"Farih Romdoni Putra","doi":"10.20473/ydk.v36i3.30295","DOIUrl":"https://doi.org/10.20473/ydk.v36i3.30295","url":null,"abstract":"The bankruptcy law exists to ensure justice for both creditors and debtors. This research aims at identifying matters needed to be reformed in bankruptcy law in Indonesia to create justice for creditors and debtors. Specifically, this research focused on the provisions of the termination of a plan achieved from the suspension of debt payment obligations (“PKPU”). This research was conducted using a normative juridical research method with a conceptual and comparative approach. The author examined the bankruptcy laws in Indonesia, evaluated several cases of plan termination in PKPU occurring in Indonesia, and later compared the rules in the bankruptcy laws applied in the United States of America, Netherlands, and Singapore Results of this study indicated that the provisions for plan termination in the bankruptcy law do not protect the debtors’ interests. From the termination plan cases in Indonesia, it was also found that there were confusions in the bankruptcy law in Indonesia in which it did not provide legal certainty for both debtors and creditors. The comparison between the bankruptcy laws in Indonesia to the bankruptcy laws in the United States of America, Netherlands, and Singapore also shows that the reform of bankruptcy law in Indonesia needs to be carried out to create flexibility for the implementation of the plan. These findings are discussed further in this article.","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44769321","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: 2

Umbrella Act as a Solution to Overcome Conflicting Regulations During the Covid-19 Pandemic 在新冠肺炎大流行期间，雨伞法案作为克服冲突法规的解决方案

Yuridika Pub Date : 2021-09-01 DOI: 10.20473/ydk.v36i3.27990

M. K. R. E A, Ersya Dwi Nurifanti

{"title":"Umbrella Act as a Solution to Overcome Conflicting Regulations During the Covid-19 Pandemic","authors":"M. K. R. E A, Ersya Dwi Nurifanti","doi":"10.20473/ydk.v36i3.27990","DOIUrl":"https://doi.org/10.20473/ydk.v36i3.27990","url":null,"abstract":"The Covid-19 pandemic brings new challenges to people around the world, including Indonesia. In Indonesia, the Covid-19 pandemic is still an unresolved problem. As a result of the Covid-19 pandemic, besides threatening health and the economy, it is also exacerbated by government policies. Conflicting policies hinder obstacles in handling the Covid-19 pandemic. The need for a solution in the form of the formation of an umbrella act to overcome the conditions caused by the covid-19 pandemic, which covers the health and economic sectors, can be a solution to the conflicts applied by the Government, and the Umbrella Act can answer the Government's confusion in overcoming this pandemic. This study uses a normative method that discusses legal aspects by critically analyzing library materials applicable to laws and regulations. Umbrella actions can go beyond conflicting with an integrated rule. The Umbrella act can be applied in Indonesia and can be a solution to overcome the number of cases of the Covid-19 pandemic, which is still relatively high. With the Umbrella Act, the Government's responsibility will be fulfilled to provide legal protection to the community. The Umbrella Act, which has been proven to overcome conflicting regulations, will solve the current emergency. With the Umbrella Act, the Government's responsibility will fulfill to provide legal protection to society.","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48313533","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 Special Power Concept Of State Attorney General In Preventing The Governmental Product/Service Procurement-Related Crime In Indonesia 印尼国家检察长在预防政府产品/服务采购相关犯罪中的特殊权力理念

Yuridika Pub Date : 2021-09-01 DOI: 10.20473/ydk.v36i3.27796

F. Fahmi, Mochammad Zaidun, Bambang Suheryadi

{"title":"The Special Power Concept Of State Attorney General In Preventing The Governmental Product/Service Procurement-Related Crime In Indonesia","authors":"F. Fahmi, Mochammad Zaidun, Bambang Suheryadi","doi":"10.20473/ydk.v36i3.27796","DOIUrl":"https://doi.org/10.20473/ydk.v36i3.27796","url":null,"abstract":"The basic duty of RI’s General Attorney in Special Crime Division is to undertake repressive function. In addition, preventive strategy is an action taken to prevent the product/service corruption crime by Civil and State Administration Division of RI’s Attorney General (DATUN). This study aims to analyze the construction of JPN authorization based on RI’s Attorney General Law. The method used in this study was juridical normative one. The result of research shows that the textual meaning with grammatical interpretation related to the attorney’s duty and authority in civil and state administration function based on Article 30 clause (2) of RI’s Attorney General Law in the terms of acting for and on behalf of state or government, the prosecutor in civil and state administration area should have special power. This article mentions firmly the phrase “special power”, but does not mention explicitly the State Attorney General. Nevertheless, the interpretation of special power as mentioned in Article 30 clause (2) of Attorney General Law to be State General Attorney is found in Republic of Indonesia Attorney General’s Regulation. However, in the concept of norm constructed, this authority should be preceded with a demand. The translation of JPN in the context of function provides a legal deliberation that on the one hand the absence of special power of attorney facilitates the role of JPN in the attempt of preventing corruption crime, but on the other hand an inconsistent application of rule occurs.","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46578444","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: 2

Reformulation of Regulation Concerning Share Ownership in Regional Development Bank by Regional Governments of Indonesia 印度尼西亚地方政府对区域开发银行股权管理的重新制定

Yuridika Pub Date : 2021-09-01 DOI: 10.20473/ydk.v36i3.26551

Dien Nufitasari, R. Dewantara

{"title":"Reformulation of Regulation Concerning Share Ownership in Regional Development Bank by Regional Governments of Indonesia","authors":"Dien Nufitasari, R. Dewantara","doi":"10.20473/ydk.v36i3.26551","DOIUrl":"https://doi.org/10.20473/ydk.v36i3.26551","url":null,"abstract":"The Regional Development Bank is an investment or realization of the regional government's commitment to carry out the objectives of the Act in terms of improving the area. Regional Development Banks have an important role in moving the regional economy, but obstacles arise from the regulatory side which experience conflicting norms in terms of regulating share ownership by regions so that synchronization is needed to realize legal certainty. The research in this cynical article aims to find regulatory reformulation regarding share ownership at the Regional Development Bank (BPD) with legal certainty. The research in this article uses a type of normative juridical law research. The approaches used are Statute Approaches, Conceptual Approaches and Analytical Approaches. The results of the study indicate that there are inconsistencies in the provisions governing share ownership in BPD. This gives juridical implications for the emergence of rights, obligations and legal relations as a result of the inconsistency of these arrangements. Regulatory reformulation regarding BPD share ownership by Regional Governments is carried out by adopting and efficacy of the concept of norms, resulting in a consistent regulation regarding BPD share ownership by regional governments..","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41541308","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

Ratio Legis on the Right to Language in the Education System in Timor Leste 东帝汶教育系统中语言权的立法比率

Yuridika Pub Date : 2021-09-01 DOI: 10.20473/ydk.v36i3.27245

Antonino Pedro Marsal, S. Sukardi

{"title":"Ratio Legis on the Right to Language in the Education System in Timor Leste","authors":"Antonino Pedro Marsal, S. Sukardi","doi":"10.20473/ydk.v36i3.27245","DOIUrl":"https://doi.org/10.20473/ydk.v36i3.27245","url":null,"abstract":"The East Timor obtained its independence though a referendum conducted by the United Nation (UN). The constitution of the Democratic Republic of Timor Leste (RDTL) officially enacted on 20th of May 2002. The language clause with the constitution, article 13 states that the official language of East Timor is Tetun and Portuguese. Based on the language clause mention above, the government of East Timor puts a policy in place, obligated all level of educational system to only use Portuguese in their activity. This policy, however, gets fierce rejection especially from private educational institutions because of its inconsistency with the new reality According to the data from the United Nation (UN), actually, only less than 5 persent of the Timorese speaks Portuguese. in this research, there are 2 legal issues emerged. The first is about the language as a constitutional right of citizens. Secondly, use of Portuguese language in the education system in East Timor to human rights?. To analyze the legal problems, this research utilizes the qualitative and legal method. And, it can be successfully proved that the implementation of language clause of East Timor The government policy does not consider the legal principle of proportionality justice and then to be discriminative for Timorese who use Tetun and other national languages, which are important to be developed by the nation as wel. The conclusion that the use of Portuguese language violated constitutional rights and impedes the quality of education.","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47018771","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

The Existence of Public Information Commission Related to Public Information Disclosure Principles in Improving Public Services by the State 公共信息委员会的存在与国家改善公共服务中的公共信息披露原则

Yuridika Pub Date : 2021-09-01 DOI: 10.20473/ydk.v36i3.30382

B. Setyawan

{"title":"The Existence of Public Information Commission Related to Public Information Disclosure Principles in Improving Public Services by the State","authors":"B. Setyawan","doi":"10.20473/ydk.v36i3.30382","DOIUrl":"https://doi.org/10.20473/ydk.v36i3.30382","url":null,"abstract":"The free flow of information and ideas is a core part of any thought on democracy and is essential for the successful respect of human rights. It has the potential to cause human rights violations to occur in secret, there is no way to reveal a corrupt and inefficient government, and many other things. Based on this background, this research is based on the formulation of the problem 1) Philosophical Basis of Public Bodies as Public Information Providing Institutions in the Era of Public Information Openness; 2) Existence of the Information Commission as Administrator and Law Enforcer in Public Information Disclosure; 3) Public Entity's Liability Against Disputes Public Information From the Aspects of Administrative Law, Civil Law and Criminal Law. This research is a legal research (legal research). The approach in this research is a statutory, conceptual, and case approach. The conclusions of this study include: Freedom of information is the spirit of democratization that offers freedom, but in this freedom the state can function itself effectively and efficiently without neglecting democratic principles. The effective enactment of the UU KIP in Indonesia starting April 30, 2010 opened a new era of public information disclosure in the country. The enactment of this law is part of the implementation of the spirit of transparency as the fulfillment of citizens' human rights to know public information (right to know) guaranteed by Article 28F of the 1945 Constitution of the Republic of Indonesia.","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43882928","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: 3

Analysis of Renewable Energy Directive Ii on Trading of Indonesian Palm Oil Associated with GATT 关贸总协定下印尼棕榈油贸易的可再生能源指令Ii分析

Yuridika Pub Date : 2021-09-01 DOI: 10.20473/ydk.v36i3.25075

Amanda Fadhilla Chairunisa, I. Haryanto

{"title":"Analysis of Renewable Energy Directive Ii on Trading of Indonesian Palm Oil Associated with GATT","authors":"Amanda Fadhilla Chairunisa, I. Haryanto","doi":"10.20473/ydk.v36i3.25075","DOIUrl":"https://doi.org/10.20473/ydk.v36i3.25075","url":null,"abstract":"International economic relations sure is very important for a country and the important thing that follows is the policy that regulates international economic relations it self. In this study, the authors will analyze hows Renewable Energy Directive II (RED II) policy as a derivative of the RED (Renewable Energy Directive) policy by the European Union will affect the Indonesian palm oil trade which this also would show the violations of previous policies that is General Agreement on Tarifs and Trades. Authors also going to show General Agreement on Tariffs and Trade (GATT) as a policy that regulates how international trade relations should be carried out and the violations of this international agreement undoubtedly could affect Economic relations between the two countries, both on a micro scale and macro scale. In conducting the research authors will be using the normative juridical methods which means the legal research will be based off library materials and secondary materials therefore the main result from this study would be a reflection of how RED II can affect trade in indonesian palm oil products and also by effecting this regulation in 2021 the european union will be violating the non-discrimination principle in GATT 1947.","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45934544","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 Construction of Anti-Eco-Slapp Reinforcement In Indonesia 印尼反生态板加固的法制建设

Yuridika Pub Date : 2021-09-01 DOI: 10.20473/ydk.v36i3.30383

Mia Banulita, Titik Utami

{"title":"Legal Construction of Anti-Eco-Slapp Reinforcement In Indonesia","authors":"Mia Banulita, Titik Utami","doi":"10.20473/ydk.v36i3.30383","DOIUrl":"https://doi.org/10.20473/ydk.v36i3.30383","url":null,"abstract":"SLAPP does not only occur in the environmental sector but in any situation which act aims to stop or eliminate public participation in aggression against certain policies. In the environmental sector, it is referred to as Eco-SLAPP which aims to provide fear, silence, and intimidation toward people who commit aggression against environmental policies and/or certain interests through reporting/complaints or lawsuits to court. Therefore, the Anti-Eco-SLAPP concept in Law Number 32 of 2009 was raised to provide protection against the act of Eco-SLAPP since it harms people who fight for good and healthy environment. Unfortunately, weakness is found in Law Number 32 of 2009 regarding substance and process in fulfilling Anti Eco-SLAPP. In terms of substance, Article 2 letter a Law Number 32 of 2009 has not given the state responsibility to implement Anti Eco-SLAPP, Article 66 Law Number 32 of 2009 has not regulated good faith as the reason a person cannot be prosecuted criminally or sued civilly, protection from administrative action, and motion strike/dismissal process and SLAPP Back, to prevent early Eco-SLAPP actions. In addition, the implementation of Anti Eco-SLAPP is often misinterpreted since it is unable to distinguish pure criminal acts and actions to fight for the environment based on good faith. Based on this, it is necessary to construct an Anti Eco-SLAPP law based on the weaknesses of the existing Law Number 32 of 2009, so as to reinforce the implementation of Anti Eco-SLAPP in Indonesia.","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49559816","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

Powers and Limits of State during COVID-19 Pandemic: a Critical Appraisal COVID-19大流行期间国家权力与限制:批判性评估

Yuridika Pub Date : 2021-09-01 DOI: 10.20473/ydk.v36i3.26600

I. Satriawan, Devi Seviyana

{"title":"Powers and Limits of State during COVID-19 Pandemic: a Critical Appraisal","authors":"I. Satriawan, Devi Seviyana","doi":"10.20473/ydk.v36i3.26600","DOIUrl":"https://doi.org/10.20473/ydk.v36i3.26600","url":null,"abstract":"The research aims to analyze the power and limit of the state and whether Indonesia has properly adopted the concept of powers and limits during state emergency of COVID-19 pandemic. The method of the research was normative legal research which used statute and case approach were employed for data analysis. The result shows that a state may apply some types of power in an emergency condition. However, in using its powers, the government must consider principle of limits in a state of emergency. In fact, Indonesia does not properly adopt the balance of power and limit in the state of emergency during COVID-19 pandemic. It is true that the government may take actions to respond to the COVID-19 pandemic. However, the State cannot exceed the limitations of using powers in accordance with state emergency principle. There was a tendency to exceed the limits by the State during the pandemic. The State has violated some state of emergency principles during COVID-19 pandemic such as temporary, the rule of law, necessity, proportionally, intangibility, constitutionalism, harmony, and supervision. The research recommends that the Government and the House of Representatives (the DPR) in the future should obey the state of emergency principles, particularly in terms of state power limits to respect constitutional principles and rule of law. In addition, individuals, groups of people, or organizations may submit judicial review of laws or regulations that violate the state of emergency principles in handling pandemic in the light of protecting the fundamental rights of citizens.","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41987551","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