Brawijaya Law Journal最新文献_第6页

Legal Status of Cryptocurrency in Indonesia and Legal Analysis of the Business Activities in Terms of Cryptocurrency 加密货币在印度尼西亚的法律地位和加密货币商业活动的法律分析

Brawijaya Law Journal Pub Date : 2019-04-25 DOI: 10.21776/UB.BLJ.2019.006.01.06

S. E. Chang

{"title":"Legal Status of Cryptocurrency in Indonesia and Legal Analysis of the Business Activities in Terms of Cryptocurrency","authors":"S. E. Chang","doi":"10.21776/UB.BLJ.2019.006.01.06","DOIUrl":"https://doi.org/10.21776/UB.BLJ.2019.006.01.06","url":null,"abstract":"Indonesia’s recent development in legal policy toward cryptocurrency is pertinent to ask whether this new investment market has any more risk to throw over Indonesia than how to protect the existing variable parties by overall structural formation. This tendency has prevented the government to implement the machinery of more fundamental keynote of policy. Against this backdrops, this research first analyzes the existing laws and regulations to examine the current legal status of virtual currency in Indonesia with the method of conceptual analysis. Despite the Government’s skeptical stance about economic soundness that cryptocurrency market leads, however, how to protect the various parties in the existing market is a different issue which still needs an urgent attention from policy makers, legal practitioners, judiciary and academic researchers. Therefore, this paper further studies the relevant laws and regulations governing the actual operation of cryptocurrency exchange in Indonesia to discuss the more practical aspects by interviewing an Indonesian cryptocurrency exchange and professional lawyers at Dentons HPRP. Subsequently, the most worrisome legal risks in the industry are diagnosed by interviewing a global cryptocurrency exchanges. This study concludes that BAPPEBTI Regulation No. 5 of 2019 cannot be the good answer to minimize the risk and will only harm bona fide market participants without a good-standing authority.","PeriodicalId":31451,"journal":{"name":"Brawijaya Law Journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-04-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42181772","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: 9

Discourse Interpretation of Public Policy in the Context of Enforcement of Foreign Arbitral Awards in Indonesia 印尼执行外国仲裁裁决背景下的公共政策话语解读

Brawijaya Law Journal Pub Date : 2019-04-25 DOI: 10.21776/UB.BLJ.2019.006.01.04

Aaa Nanda Saraswati, Choirul Hidayat

{"title":"Discourse Interpretation of Public Policy in the Context of Enforcement of Foreign Arbitral Awards in Indonesia","authors":"Aaa Nanda Saraswati, Choirul Hidayat","doi":"10.21776/UB.BLJ.2019.006.01.04","DOIUrl":"https://doi.org/10.21776/UB.BLJ.2019.006.01.04","url":null,"abstract":"The use of the concept of \"public policy\" by the national judiciary as a basis for the refusal of recognition and enforcement of foreign arbitral awards leaves an issue in the Indonesian judicial system. The main problem often questioned by the international community is that Indonesia refuses to enforce and even reject foreign arbitral awards on the grounds of violating public policy. This paper aims to analyze the interpretation of the concept of public policy used by judges as one of the reasons for the refusal of the recognition and enforcement of foreign arbitral awards and whether such interpretation is in accordance with international standards. The results shows that Indonesian courts tend to use a \"domestic\" approach when interpreting public policy namely as a provision and principles of law and national interests, rather than the international standard approach. Such approach have raised a number of critics from other countries. Not only because it is not in accordance with the values and principles of international law, but the interpretation is considered not to prioritize the purpose of the New York Convention, namely facilitating the recognition and enforcement of foreign arbitral awards","PeriodicalId":31451,"journal":{"name":"Brawijaya Law Journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-04-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48966294","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

Population Administration Policy: An Empirical and Juridical Examination 人口管理政策:实证与司法检验

Brawijaya Law Journal Pub Date : 2018-10-30 DOI: 10.21776/ub.blj.2018.005.02.05

D. Setiabudhi, T. N. Palilingan, Jeany Anita Kermite

{"title":"Population Administration Policy: An Empirical and Juridical Examination","authors":"D. Setiabudhi, T. N. Palilingan, Jeany Anita Kermite","doi":"10.21776/ub.blj.2018.005.02.05","DOIUrl":"https://doi.org/10.21776/ub.blj.2018.005.02.05","url":null,"abstract":"Manado is a city that has a large population, high population mobility and activities in all fields that are increasingly complex. However, actually it does not have a legal product that regulates population administration technically. This paper aims to analyse the population administration policies in the city of Manado and propose an ideal policy that can be pursued to establish a n appropriate population administration service in this region. The research is a socio-juridical research. The method used is descriptive by giving a systematic, factual and accurate description of the issues of research. The results indicated that population administration services in the city of Manado were still minimal and not optimal because there were no local regulations which accommodate all the typical conditions of communities. The lack of human resources both in quality and quantity in providing the population administration service to the community and the lack of attention the public to the importance of population administration for their lives, have made inappropriate populatuion administration service. Thus, it is argued that the existence of local regulations are needed to regulate population administration which can accommodate the conditions of the communities in Manado and can be a reference for the implementers in providing optimal services to the community.","PeriodicalId":31451,"journal":{"name":"Brawijaya Law Journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49011987","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

http://lawjournal.ub.ac.id/index.php/law/article/view/126 http://lawjournal.ub.ac.id/index.php/law/article/view/126

Brawijaya Law Journal Pub Date : 2018-10-30 DOI: 10.21776/ub.blj.2018.005.02.02

I. G. N. Widiatedja

引用次数: 1

Model of Prevention of Social Conflict which Multi Dimensions Based on Local Wisdom of Community Adat Dalihan Na Tolu 基于社区智慧的多维度社会冲突预防模型

Brawijaya Law Journal Pub Date : 2018-10-30 DOI: 10.21776/ub.blj.2018.005.02.01

Anwarsyah Harahap, A. L. Hasibuan

{"title":"Model of Prevention of Social Conflict which Multi Dimensions Based on Local Wisdom of Community Adat Dalihan Na Tolu","authors":"Anwarsyah Harahap, A. L. Hasibuan","doi":"10.21776/ub.blj.2018.005.02.01","DOIUrl":"https://doi.org/10.21776/ub.blj.2018.005.02.01","url":null,"abstract":"The main purpose of this research is to find a model of punishment in preventing social conflict on local wisdom of Dalihan na Tolu indigenous people. The questions posed in this research include the multi-dimension social conflict prevention model based on local wisdom of Indonesia, the deliberation stage of preventing such conflict and strategies adopted by local wisdom to resolve social conflict. The research further focuses its examination on local society that is Dalihan na Tolu indigenous people . This research uses empirical juridical research method, which is departed from local wisdom norms, or known as adat laws and examines the application of such laws in society. This research proposes that the multi-dimensional model of social conflict prevention should be carried out using the rules contained in: Dalihan na Tolu custom, Sipaingot, Pastak ni Paradaton, Uhum dohot Patik, Hapantunon, Tutur dohot Poda, Marga, Martahi, Mangupa. While the system and strategies of negotiation to reach consencus in preventing multi-dimensional social conflict based on the following norms: Tahi Ungut-ungut, Tahi Dalihan na Tolu, Tahi Godang Parsahutaon and Tahi Godang Haruaya Mardomu Bulung. It is argued that the punishment model usually used by Batak community should be adopted both in preventing as well as resolving social conflict exists in society.","PeriodicalId":31451,"journal":{"name":"Brawijaya Law Journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47950826","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

State Role in Balancing Harmony in a Diversed Society: Regulating Religions in Indonesia 多元社会中国家在平衡和谐中的作用：印度尼西亚的宗教监管

Brawijaya Law Journal Pub Date : 2018-10-30 DOI: 10.21776/UB.BLJ.2018.005.02.03

Iza Rumesten Rs

{"title":"State Role in Balancing Harmony in a Diversed Society: Regulating Religions in Indonesia","authors":"Iza Rumesten Rs","doi":"10.21776/UB.BLJ.2018.005.02.03","DOIUrl":"https://doi.org/10.21776/UB.BLJ.2018.005.02.03","url":null,"abstract":"As a State in which its society believes in the existence of God, it is not a surprising fact that a number of religions developand recognized in Indonesia. These include Islam, Catholic, Protestan, Hindu, Budha and Konghucu. Since most of Indonesian people are the followers of Islam, this religuions become the majority in Indonesia. Certain matters are regulated separately from the national laws, so that such laws only applicable for muslim. These include arrangement on marriage between moslem, which is provided by Indonesian Act Number 1 Year 1974 on Marriage. Indonesia also has a specific religious court for moslem. The competence of religious court for moslem is clearly stipulated in Article 1 paragraph (1) of Act Number 50 Year 2009 on Religious Courts . Article 49 of the Act stipulates that the religious courts have the duty and authority to examine, decide, and resolve cases in the first instance am o ng M o slim in the field of marriage, inheritance, will, grant, waqaf, zakat, infaq, shadaqah and sari'ah economy. While some argues that the existance of religious court can be seen as Government failures in guarantee constitutional rights for minority, this paper seeks to find how to prevent potential religious disharmony in Indonesia. Based on the results of normative juridical research, it can be concluded that ideal arrangements related to religion is that it cannot separate the judiciary between Islam and other religions, because it might create possible sense of injustice and disharmony of minority religions. Thus, a specialized religious court for moslem might not be necessary.","PeriodicalId":31451,"journal":{"name":"Brawijaya Law Journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49175053","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

Conflict in Management of Passive State Administrative Decision in State Administrative Dispute 国家行政争议中被动国家行政决策的管理冲突

Brawijaya Law Journal Pub Date : 2018-10-30 DOI: 10.21776/UB.BLJ.2018.005.02.08

Agustien Cherly Wereh, Istislam

引用次数: 1

Analysis of State Control Over Natural Resources Oil and Gas (According to Law No. 22 of 2001 Concerning Oil and Gas) 浅析国家对自然资源石油和天然气的控制(根据2001年第22号石油和天然气法)

Brawijaya Law Journal Pub Date : 2018-10-30 DOI: 10.21776/ub.blj.2018.005.02.06

Sabungan Sibarani

{"title":"Analysis of State Control Over Natural Resources Oil and Gas (According to Law No. 22 of 2001 Concerning Oil and Gas)","authors":"Sabungan Sibarani","doi":"10.21776/ub.blj.2018.005.02.06","DOIUrl":"https://doi.org/10.21776/ub.blj.2018.005.02.06","url":null,"abstract":"Most gas-producing companies are the same foreign companies as oil-producing companies . Investment to produce gas is funded by government banks in industrialized countries. Thus, the exploration and exploitation of natural gas is intended to meet export needs to industrialized countries. Article 33 of the 1945 Indonesian Constitution envisages that the use of natural resources should be prioritized to the maximum extent possible to meet domestic needs and the greatest prosperity of the people. This implies state control over the use of natural resources. It is argued that m ining business arrangements, especially Oil and Gas, can be considered as a part of the implementation of state control over natural oil and gas resources. This means that the authority in controlling natural resources of Oil and Gas is only controlled by the State and carried out by the Government as the executor of Oil and Gas business activities . Such arrangement is in accordance with the provisions of Article 4 paragraph (1) and (2) Law No . 22 of 2001 concerning Oil and Natural Gas. This paper analyses the State control over the use of oil and gas as natural resources. The analyses was carried out through the study of the Decision of the Constitutional Court of the Republic of Indonesia Number: 002 / PUU-I / 2003. Using normative juridical approach, this paper argues that the Indonesian Laws on oil and gas are incontrary with the 1945 Indonesian Constitution.","PeriodicalId":31451,"journal":{"name":"Brawijaya Law Journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41650044","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

Pornography and Sexual Crimes towards Children in Indonesia: A Judicial Approach 印度尼西亚的色情和针对儿童的性犯罪:司法途径

Brawijaya Law Journal Pub Date : 2018-10-30 DOI: 10.21776/ub.blj.2018.005.02.09

Faizin Sulistyo, N. Manap

{"title":"Pornography and Sexual Crimes towards Children in Indonesia: A Judicial Approach","authors":"Faizin Sulistyo, N. Manap","doi":"10.21776/ub.blj.2018.005.02.09","DOIUrl":"https://doi.org/10.21776/ub.blj.2018.005.02.09","url":null,"abstract":"Pornography and sexual crimes against children are two forms of crime in Indonesia. Both of these crimes in various cases have a linkage with each other, whether one of which is a crime or pornography becomes a criminogenic factor for the onset of sexual crimes against children. The review in this article attempts to look at the approach used by judges in deciding cases of sexual crimes against children that correlate with pornographic crimes. This research employs normative juridical research using legislation and case approach. The results of the review found that, in sum, there are two model of approach used by the Court in deciding criminal cases, especially pornography related to sexual crimes, which include the approach in understanding and assesing cases; and theories of punishment approach. While the rfirst model of approach emphasizes on the understanding the impact of the action, the secodn model look more at the retaliation, prevention, combination and contemporary approach. It is further argued that those two models are not necessarily used separately. The combination of the two models can also be employed, such as in the case of Tanjung Pati District Court's Ruling no. 58 /Pid.B/ 2011 /PN.Tjp. In fact, in the case, the judges combine several approaches in deciding cases and punishing defendants. It is submitted that the objective of a judge is crucial since the objectivity resulted in a fairer verdict for the victim, the community or the perpetrator himself.","PeriodicalId":31451,"journal":{"name":"Brawijaya Law Journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48848937","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: 6

Right to Information, Judicial Activism and the Rule of Law: The case of Indonesia’s mining litigation 知情权、司法能动性与法治——以印度尼西亚矿业诉讼为例

Brawijaya Law Journal Pub Date : 2018-10-30 DOI: 10.21776/ub.blj.2018.005.02.07

Myrna Asnawati Safitri

{"title":"Right to Information, Judicial Activism and the Rule of Law: The case of Indonesia’s mining litigation","authors":"Myrna Asnawati Safitri","doi":"10.21776/ub.blj.2018.005.02.07","DOIUrl":"https://doi.org/10.21776/ub.blj.2018.005.02.07","url":null,"abstract":"The right to information is fundamental in environmental protection. Lack of access to information regarding environmental planning and licensing has often lead to public interest environmental litigation. The right to information is also an element in the formation of the rule of law in both its formal and substantive aspects. Mining must be cautionary conducted due to its high potential for environmental damage and pollution. This paper discusses the extent to which is the right to environmental information protected in Indonesia through several cases of mining litigation. Using statutory and court cases methods, it discusses laws on the rights to information in general and in the field of environmental protection, how Indonesian courts have interpreted the government obligations to fulfill citizens' access to mining information, and the extent to which that legal interpretation contributes to the rule of law elements. This paper then concludes that the right to mining information is still difficult to attain. Public bodies tend to prioritize formal-procedural aspects in providing information and setting up a public consultation. However, the cases studied indicate that judicial activism has provided corrections to such a procedural approach. More substantive rule of law principles used by the courts to interpret mining zones and environmental permits procedures.","PeriodicalId":31451,"journal":{"name":"Brawijaya Law Journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44646827","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