:: Abstract List ::

Page 1 (data 1 to 30 of 176) | Displayed ini 30 data/page 1 2 3 4 5 6 NEXT >>
1 |
Business in Tourism Development |
ABS-29 |
REVITALISASI DAERAH WISATA YANG LAMA SEBAGAI LANGKAH HUKUM PELESTARIAN LINGKUNGAN HIDUP Annie long ashton, I made minggu widyantara,SH.MH
Faculty of law university warmadewa bali
Abstract
Please Just Try to Submit This Sample Abstract
You Can Edit It Again Later
The island of Bali, one of the famous islands in the world because of its natural beauty and the uniqueness of the culture and traditions of the community which certainly makes Bali a top tourist destination in the world.As a world tourist destination which is the pride of the Indonesian nation does not rule out the possibility of problems that cannot be avoided, one of which is the exploitation of new places and starting to leave old tourist attractions with factors including the place is too crowded, It is no longer attractive as a tourist spot, the living environment of the old tourist spot is not well maintained. The need for appropriate and law-based action so that the problems of old tourist attractions are not left alone, with the discovery of new and more interesting places for tourists to explore, one of these steps is revitalization or reviving, or increasing the vitality of old tourist attractions so that they are not completely abandoned by the community and tourists, revitalization must certainly be in all sectors so that there is a balance, So that the tourist attractions are still crowded and worth visiting for tourists, tourist attractions that need a touch of revitalization in Bali are the Tuban and Kuta areas,
Initially this area became the gateway for tourists to come to Bali because it was close to the airport, but now this area is starting to be abandoned, because of the attractiveness and security of the location is declining, for that the importance of government and community attention to the problems caused.
Keywords: Keywords:pariwisata,revitalisasi, bali
Share Link
| Plain Format
| Corresponding Author (Annie long Ashton)
|
2 |
Business in Tourism Development |
ABS-84 |
Kerangka Hukum Kemitraan Perkebunan Kelapa Sawit dalam PengembanganIndustri Pariwisata Muhammad Ihsan
Universitas Warmadewa
Abstract
Penelitian ini bertujuan untuk menganalisis hakikat kemitraan dalamperkebunankelapa sawit dilihat dari perspektif sejarah kemitraan kebun kelapa sawit. Metodeyangdigunakan dalam penelitian ini adalah metode yuridis normatif dengan pendekatanundang-undang dan pendekatan kasus. Rumusan masalah yang akan dibahas dalampenelitian ini adalah sebagai berikut: Bagaimana hakekat kemitraan berdasarkansejarahkemitraan kebun kelapa sawit di Indonesia? Apa saja regulasi kemitraan kelapa sawit padasaat sekarang ini? Bagaimana regulasi kemitraan kelapa sawit dapat dijadikan sebagai
kerangka hukum pengembangan industri pariwisata? Hasil penelitian menunjukkanbahwakemitraan dalam perkebunan kelapa sawit memiliki hakikat yang kompleks dan memerlukanregulasi yang baik agar dapat memberikan manfaat bagi semua pihak terkait. Regulasi
kemitraan kelapa sawit pada saat sekarang ini masih belum efektif dan efisien, sehinggaperlu diperbaiki agar dapat memberikan perlindungan hukum yang lebih baikbagi
masyarakat. Regulasi kemitraan kelapa sawit juga dapat dijadikan sebagai kerangkahukumpengembangan industri pariwisata, sehingga dapat memberikan manfaat ekonomi yanglebih besar bagi masyarakat
Keywords: Hukum Kemitraan, Kelapa Sawit, Industri Pariwisata
Share Link
| Plain Format
| Corresponding Author (Muhammad Ihsan)
|
3 |
Intellectual Property Rights |
ABS-6 |
PROTECTION OF TRADE SECRET RIGHTS IN INDONESIA Sigit Irianto (a*), Widyarini Indriasti Wardani (b)
a) Faculty of Law, University of August 17, 1945 Semarang
Jl. Pawiyatan Luhur I, Bendan Duwur, Kec. Gajahmungkur, Kota Semarang, Jawa Tengah, Indonesia
*sigitirianto70[at]gmail.com
b) Faculty of Law, University of August 17, 1945 Semarang
Jl. Pawiyatan Luhur I, Bendan Duwur, Kec. Gajahmungkur, Kota Semarang, Jawa Tengah, Indonesia
widyorini-indriasti[at]untagsmg.ac.id
Abstract
Trade secrets are rights owned by legal subjects in the field of technology and / or business that are part of business activities with economic value inherent in them. The nature of non-disclosure inherent in trade secrets of the information contained therein is the main element that distinguishes it from other types of property rights Other intellectuals, because of this non-disclosure is the key point in trade secrets. This legal protection will encourage the birth of new findings or inventions, even though they are treated as secrets, and still receive protection, both in the aspects of ownership , control as well as its utilization by the inventor. The findings were part of information about trade secrets. Information that has been announced is no longer a secret or accidentally made available to the public is no longer a trade secret. Law Number 30 of 2000 concerning Secrets does not provide an explanation of what is meant by information, because the information in question is only for known to certain parties and not generally known.
Keywords: PROTECTION OF TRADE SECRET RIGHTS IN INDONESIA
Share Link
| Plain Format
| Corresponding Author (Sigit Irianto)
|
4 |
Intellectual Property Rights |
ABS-27 |
Social Justice Education as an Innovative Model of Learning to Embrace the Disruptive Challenges Anthon F. Susanto, Rosa Tedjabuwana, Hesti Septianita
Universitas Pasundan
Abstract
Social interaction is determined by the rapid dynamics of the changing society in which patterns of interaction are altered. The world is controlled by media corporations and digital process. Cultural context is totally changed when it enters into a chaotic or paradoxical life what is visualized as deviation of visual or as a shifting of paradigm, from scriptural culture or text centrality to visual images where computer technology and electronics take control of. While text communicates with rational consciousness, visual image communicates with life and requires things that sometimes irrational. Therefore, public satisfaction becomes an important aspect. Legal education can no longer orient merely to a classical and positivistic model with a uniformed curriculum and view only the product resulted. Legal education, in particular social justice education should be more adaptive towards disruptive challenges and be more innovative.
This writing uses philosophical and hermeneutical approaches to analyze the problems in educational process, in particular the learning process of social justice. These approaches are used to critically dissect how legal education or social justice education is able to respond the disruptive challenges and execute the more innovative process of learning.
In order to answer the innovative challenge, social justice learning in legal education should develop a competitive skill, design an out-of-box-thinking skill through a training on creativity and innovation to construct a practical and strategic process of cognitive- optimize the digitalized learning process through internet-oriented learning- visual-multitasking combined learning- develop collaborative learning- and increase the sensitivity upon injustice with ability to comprehend the user context of surroundings to develop altruistic and pro-social behavior to be able to recognize and elaborate the problems in the society.
Keywords: Legal education, Social Justice, Visual Multitasking
Share Link
| Plain Format
| Corresponding Author (Anthon Susanto)
|
5 |
Intellectual Property Rights |
ABS-31 |
Inconsistency in Acceptance of Trademarks with Common Words at the mark registration office Rr. Aline Gratika Nugrahani
Fakultas Hukum Universitas Trisakti
Abstract
The use of a general word as a registered mark often becomes a dispute when the general word is used by another party. Several court decisions granted the trademark owner^s lawsuit registered with the general word. However, sometimes applications for trademark registration are rejected by the trademark office on the grounds of using general words. Ironically, there are many brands with general words, such as ^Kopitiam^, ^Sederhana^ etc. This becomes an obstacle and is certainly detrimental to interested parties such as brand owners or entrepreneurs and other parties. In fact, strictly on Article 20 point (f) of Law Trademarks and Geographical Indications stipulates that trademarks with words, names or images belonging to the public cannot be registered, hence they cannot be monopolized by anyone. In other words anyone can use them. For this reason, this study aims to find the causes of inconsistencies in the acceptance of trademark registration using general words. This research is a normative legal research. The results of the study show that there are differences in understanding of general words, especially from official trademark examiners and there is a view that a word can become a general word if it has become a trademark.
Keywords: Inconsistency, trademark, General Words
Share Link
| Plain Format
| Corresponding Author (Rr. Aline Gratika Nugrahani)
|
6 |
Intellectual Property Rights |
ABS-52 |
Royalty Payment Mechanism On Music Works According To Law No. 28 Of 2014 Concerning Copyright Suparno, Boy Nurdin
School of Law, Universitas Borobudur, Jakarta
Abstract
The copyright influence is increasingly significant due to its greater role in both industrial and international trade aspects. Indonesia has ratified the World Trade Organization Establishing Agreement via Law No. 7 of 1994 so that Indonesia legally binds with the rules issued by the WTO, including the TRIPs agreement (Trade Related Aspect of Intellectual Property Rights). Law No. 28 of 2014 concerning Copyright also regulates works that are protected by copyright, such as cinematographic works. The problem of this study is how the payment mechanism and the composition of royalty payments are based on the Law and how the legal remedy for the creator in the use of music in cinematographic works in Indonesia. Based on the provisions of Article 89 section (1) of the Law concerning Copyright, it can be seen that LMKN represents the representativeness of the interests of both the creator and the related right owner. The royalties collected by LMKN from the users are based on the use/playing//utilization of music and/or songs for commercial public services. In the popular world, it is called royalties for performing rights. The study employed a normative research type or literature review.
Keywords: Copyright, Royalty, LMKN
Share Link
| Plain Format
| Corresponding Author (Boy Nurdin)
|
7 |
Intellectual Property Rights |
ABS-68 |
INCREASING THE VALUE OF INTANGIBLE ASSETS FOR THE BALINESE COMMUNITY THROUGH THE PROTECTION OF COMMUNAL INTELLECTUAL PROPERTY OF TRADITIONAL CULTURAL EXPRESSIONS AND GEOGRAPHICAL INDICATIONSmit This Sample Abstract Putu Ayu Sriasih Wesna
Universitas Warmadewa
Abstract
Communal Intellectual Property is Intellectual Property whose ownership is group in nature, in contrast to other types of Intellectual Property whose ownership is exclusive and individual. Communal intellectual property is a traditional cultural heritage that needs to be preserved, this is because the culture is the identity of a group or society. A Geographical Indication is a sign indicating the area of origin of goods and or products which due to geographical environmental factors including natural factors, human factors or a combination of the two factors give reputation, quality and certain characteristics to the goods and or products produced. Whereas traditional cultural expressions are the result of the intellectual creativity of a group of indigenous peoples who have (potential) commercial value (can be traded) the result of the intellectual creativity of a group of indigenous peoples who have (potential) commercial value (can be traded).Bali has wealth both in terms of culture, as well as its natural wealth has enormous potential to increase its value through the protection of communal intellectual property which can further improve the welfare of the Balinese people.This article uses normative legal research methods, as a characteristic of legal science is its normative nature.The nature of this research uses analytical descriptive, and To obtain research results that reach the target, analysis of legal materials is carried out qualitatively.
Keywords: Communal Intellectual Property, Geographical Indications, Traditional Cultural Expressions, Balinese people^s welfare
Share Link
| Plain Format
| Corresponding Author (Putu Ayu Sriasih Wesna)
|
8 |
Intellectual Property Rights |
ABS-70 |
KEBIJAKAN PEMANFAATAN SUMBER DAYA HUTAN YANG BERKELANJUTAN I Nyoman Sutama
Fakultas Hukum Universitas Warmadewa
Abstract
Hutan merupakan kumpulan pepohonan yang menghasilkan kayu, oksigen yang amat berguna dalam kehidupan manusia, karena itu hutan harus dikelola dengan baik, namun kenyataannya masih banyak terjadi kerusakan hutan, karena pemanfaatan hutan yang tidak bijaksana.
Secar anormatif pemanfaatan hutan tercantum dalam Pasal 12 Ayat (2) Undang-Undang No. 32 Tahun 2009 tentang Pengelolaan dan Perlindungan Lingkungan Hidup. Namun ketentuan ini belum membawa kepastian terkait dengan pemanfaatan sumber daya alam hutan. Karena itu sangat relevan untuk dilakukan penelitian tentang : (1) bentuk pemanfaatan sumber daya alam (hutan) agar hutan berfungsi secara berkelanjutan. (2) bentuk kebijakan dalam pemanfaatan sumber daya alam (hutan), setelah dilakukan penelitian secara normatif dengan pendekatan peraturan perundang-undangan dan konseptual dapat disimpulkan antara lain: pemanfaatan sumber daya hutan harus diselenggarakan berdasarkan prinsip pembangunan berkelanjutan dan berwawasan lingkungan yang diintegrasikan ke dalam sistem perizinan di bidang lingkungan hidup. Bentuk kebijakan dalam pemanfaatan sumber daya hutan dituangkan dalam bentuk undang-undang, peraturan pemerintah dan aturan lainnya.
Keywords: Pemanfaatan Hutan, Kebijakan, Berkelanjutan
Share Link
| Plain Format
| Corresponding Author (I Nyoman Sutama)
|
9 |
Intellectual Property Rights |
ABS-128 |
LEGAL ASPECTS OF SOCIAL CHANGE IN CYBERCRIME RELATIONSHIPS Marsudi Utoyo & Inka Verandera Nugraha
STIH Sumpah Pemuda
Abstract
Human nowadays stay at modern civilization which depends to everything to be fast, efficient, and effective. Based to the rapid changes in the Times according to science and technology^s development we have entered the modern era with all of digital things hard knick knacks, which included the time loss and also space barriers among some country.
This study aims to have an in-depth elucidation among the law^s role at dealing with social changes also the cybercrime^s relationship in society that listed of Law Number 19 of 2016 concerning Electronic Information and Transactions.
Keywords: Crime, Social Change, Digital World.
Share Link
| Plain Format
| Corresponding Author (Marsudi Utoyo)
|
10 |
Intellectual Property Rights |
ABS-130 |
ASSESSMENT OF INTELLECTUAL PROPERTY RIGHTS AS CREDIT COLLATERAL Anis Mashdurohatun, Gunarto & Adhi Budi Susilo
Universitas Islam Sultan Agung Semarang
Abstract
This study aims to examine, analyze the valuation of intellectual property rights as credit guarantees. The approach in this study is to use a socio-legal approach. This type of research is a qualitative research. The type of data used is primary and secondary data. Data collection techniques, through literature and field studies. Data collection through field studies is through observation and interviews. Observation is research conducted directly to the object under study by conducting interviews with research informants. The data analysis used is qualitatively inductive. The results of the study found that the assessment of intellectual property rights as credit guarantees went through several stages. As for the valuation method, the market approach approach, assessing intellectual property assets based on an analysis of actual sales or transactions according to an object. The approach, the income approach, assesses intangible IPR assets based on economic income with current and future values. The cost approach approach assesses IPR based on the economic principle of substitution that is commensurate with the costs incurred as a substitute according to the utility function.
Keywords: IPR- Collateral: Credit- Evaluation
Share Link
| Plain Format
| Corresponding Author (ANIS MASHDUROHATUN)
|
11 |
Intellectual Property Rights |
ABS-135 |
Protection of Tattoo Artworks in the Perspective of Intellectual Property Rights I Putu Andika Pratama(a)* I Made Artana (a) Anak Agung Gede Agung Indra Prathama (a)
Faculty of Law Ngurah Rai University
Abstract
Tattoos in each region have their own characteristics, both in terms of design and in terms of manufacturing techniques. Tattoos are included as works of art because they involve drawing patterns or designs. Each region or country has its own characteristics for tattoo images. However, how tattoo artworks are legally protected in Indonesia is the object of this study. In particular, this study examines the form of protection of tattoo artworks from the perspective of intellectual property rights. This research is a doctrinal research. There are three types of legal materials used to achieve the said goal such as primary, secondary and tertiary legal materials. These materials were collected using the documentation study technique. In addition, there are three approaches used such as the statute approach, the fact approach, and the conceptual and analytical approach. The results of the study show tattoos as an object of copyright protection in images receive protection automatically provided as stipulated in the Indonesian Copyright Law. Tattoo motifs need to be protected as one of the Traditional Cultural Expressions as prescribed in the Indonesian Copyright Law. Protection of traditional cultural expressions in tattoos is given considering that the designs and techniques for making tattoos are mostly closely related to the values or traditions that live in society. Indonesian must inventory, maintain and preserve the existence of tattoos as one of the state^s traditional cultural expressions.
Keywords: tattoo, protection, traditional cultural expressions, copyrights.
Share Link
| Plain Format
| Corresponding Author (I PUTU ANDIKA PRATAMA)
|
12 |
Intellectual Property Rights |
ABS-181 |
AGRARIAN REFORM IN REGULATION FUTURE LAND (IUS CONSTITUENDUM) I Ketut Kasta Arya Wijaya
Lecturer of Faculty of Law, Warmadewa University
Abstract
This research will examine policies in the land sector to pay attention to the philosophy and basic principles contained in the Basic Agrarian Law (UUPA) so that the objectives of agrarian reform can run properly and can have a welfare impact on all levels of society. The issues raised in this study are What are the arrangements in the land sector based on the philosophy of the principles of Agrarian Reform? Furthermore, the purpose of this study provides a framework as a basis for regulation in the land sector based on the principles of agrarian reform. This research is a normative legal research and the approach used is a statutory approach (statute approach), as an approach carried out by examining the norms contained in statutory provisions. This research found that policies in the agrarian sector have not fully accommodated the values contained in the philosophy of Pancasila, it can be seen from some existing laws and regulations that are still exploitation-oriented and their partiality is still to the financiers so that they do not reflect a sense of social justice and are more oriented towards exploitative use with less attention to the maintenance aspect, it can be seen that there are many productive land use conversions.
Keywords: agrarian reform, social justice, philosophy of Pancasila
Share Link
| Plain Format
| Corresponding Author (I Ketut Kasta Arya Wijaya)
|
13 |
Intellectual Property Rights |
ABS-182 |
EFFECTIVENESS OF IMPLEMENTING THE E. COURT SYSTEM IN COURT (Comparative Study of Religious Courts and District Courts in the Purwakarta Region) 1st Umar Husin, 2nd Ismail Rumadan, 3rd Ummu Salamah, 4rd Laras Deshinta
Universitas Nasional
Abstract
The pace of information technology development ultimately requires judicial bodies in various countries, including Indonesia, to adopt the use of information technology. The Supreme Court^s initial effort in supporting changes to a simpler, faster, and cheaper justice system was the issuance of Supreme Court Regulation Number 3 of 2018 which was amended in 2019 to become Supreme Court Regulation Number 1 of 2019 which requires all court areas in Indonesia to carry out electronic proceedings (E.litigation). The purpose of this study is to determine the effectiveness of civil case settlement in court through the litigation system and to find out the supporting and inhibiting factors in the application of e.court in the settlement of civil cases in court. The research method used is empirical juridical research with primary and secondary data sources.
Keywords: e. courts, courts, effectiveness, settlement of cases, civil
Share Link
| Plain Format
| Corresponding Author (Ummu Salamah)
|
14 |
Intellectual Property Rights |
ABS-185 |
Digital Management of Traditional Cultural Expressions: Why It is Needed in the Context of Gaining the Benefit-Sharing Ni Ketut Supasti Dharmawan- Desak Putu Dewi Kasih- Putu Aras Samsithawrati- Putri Triari Dwijayanthi
Faculty of Law, Udayana University, Bali
Abstract
The success of inventorying, recording, and ownership of Recording Letters for Traditional Cultural Expressions works as part of Communal Intellectual Property from Bali is still accompanied by challenges. Those are uploading and utilization of the Communal Intellectual Property works documentation as personal video works and photos on digital platforms. This study aims to analyse the model of strengthening the protection of communal works through the existence of a digital management mechanism, as well as the presence of the state in ongoing facilitation activities in the context of the state as the owner of Communal Intellectual Property. This study uses the socio-legal research method with statutory, economic, social, cultural, and technological approaches. The results of the study show that in reality, Bali is very rich in Communal Intellectual Property works which has not been fully inventoried. Besides that, even though it has been registered and has a certificate as recording proof, in reality, the custodial community does not receive yet the benefit, in the context of benefit-sharing, of the commercialization of such works through the creation of individual intellectual property works like photo or video created by other people. Bearing in mind that the works of the custodial community has preserved and developed for generations from generation to generation in today^s technological era. The example of this uploading practice of communal intellectual property documentation to social media by other people has a detrimental impact on custodians who have such communal intellectual property as their source is used as a personal creation. Facing such a phenomenon, a relevant model for strengthening communal intellectual property is through a hybrid inventory. First, it needs a recording certificate. Second, the custodial community needs to empower communal intellectual property digital management by having official social media accounts as a vehicle for information and announcing their works internationally.
Keywords: digital management- traditional cultural expressions- benefit sharing
Share Link
| Plain Format
| Corresponding Author (Ni Ketut Supasti Dharmawan)
|
15 |
International Law |
ABS-4 |
STATE RESPONSIBILITY ON THE SECURITIZATION AND PROTECTION OF REFUGEES UNDER THE IMMIGRATION LEGAL SYSTEM IN INDONESIA Atik Krustiyati*, Gita Venolita Valentina Gea, Ivan Ramos
Faculty of Law, University of Surabaya
Jalan Raya Kalirungkut, Surabaya
*krustiyati[at]staff.ubaya.ac.id
Abstract
As a member of the Association of Southeast Asia Nations (ASEAN), Indonesia also carry the obligation of commitments formed in the sector of tourism, as one of ASEAN^s key area of cooperation. Therefore, it^s no doubt for Indonesia to establish a secure circumstance for tourism sector in its territory. It^s a responsibility for a state to ensure both securization and protection towards all foreign people in its territory, as well as the foreign people needs to comply with regulations applied there. However, the fact that not all foreign people entering another state are all immigrants as tourists or residents, but also include asylum seekers and refugees as well. This paper aims to examine and study further on how the immigration legal system that applies in Indonesia accommodates the securitization and protection towards refugees as foreign people. The juridical normative method was used thorough this paper with statute, conceptual, and case approach applied. It^s later found that some of regulations in the field of immigration in Indonesia, has not fully covered the securitization and protection in Indonesia, one of the existing regulation which obliged foreign people to bring travel documents such as visa or passport. However, a refugee may encounter a situation that forced him/her to flee empty handed. Therefore, Indonesia^s state responsibility on the securitization and protection of refugees needs to be re-evaluated and be proposed with a new paradigm and breakthrough.
Keywords: State Responsibility- Refugees- Immigration- Securitization- Protection
Share Link
| Plain Format
| Corresponding Author (Gita Venolita Valentina Gea)
|
16 |
International Law |
ABS-16 |
STATE RESPONSIBILITY ON THE SECURITIZATION AND PROTECTION OF REFUGEES UNDER THE IMMIGRATION LEGAL SYSTEM IN INDONESIA Atik Krustiyati, Gita Venolita Valentina Gea, Ivan Ramos
University of Surabaya
Abstract
As a member of the Association of Southeast Asia Nations (ASEAN), Indonesia also carry the obligation of commitments formed in the sector of tourism, as one of ASEAN^s key area of cooperation. Therefore, it^s no doubt for Indonesia to establish a secure circumstance for tourism sector in its territory. It^s a responsibility for a state to ensure both securitization and protection towards all foreign people in its territory, as well as the foreign people needs to comply with regulations applied there. However, the fact that not all foreign people entering another state are all immigrants as tourists or residents, but also include asylum seekers and refugees as well. This paper aims to examine and study further on how the immigration legal system that applies in Indonesia accommodates the securitization and protection towards refugees as foreign people. The juridical normative method was used thorough this paper with statute, conceptual, and case approach applied. It^s later found that some of regulations in the field of immigration in Indonesia, has not fully covered the securitization and protection in Indonesia, one of the existing regulation which obliged foreign people to bring travel documents such as visa or passport. However, a refugee may encounter a situation that forced him/her to flee empty handed. Therefore, Indonesia^s state responsibility on the securitization and protection of refugees needs to be re-evaluated and be proposed with a new paradigm and breakthrough.
Keywords: State Responsibility- Refugees- Immigration- Securization- Protection
Share Link
| Plain Format
| Corresponding Author (Atik Krustiyati)
|
17 |
International Law |
ABS-32 |
Please Just Try to Submit This Sample Abstract Please Just Try to Submit This Sample Abstract
Please Just Try to Submit This Sample Abstract
You Can Edit It Again Later
Abstract
Technological developments have brought the world economy into a new phase which is more popular with the term digital economy or digital economy. Its existence is marked by the increasingly widespread economic activity that utilizes the internet as a medium of communication. For example, trade, more and more rely on electronic commerce or electronic commerce (e-commerce) as a transaction medium to make it easier to make transactions. It is undeniable that transactions through e-commerce allow default to occur, so there is a need for legal protection for consumers as stipulated in Articles 4 and 7 of the Consumer Protection Act. Business actors must be responsible for their negligence. As for the form of responsibility of business actors in e-commerce default disputes as specified in Article 19 paragraph (1) of the Consumer Protection Law that business actors have the responsibility to compensate the aggrieved party. Settlement of default disputes in e-commerce buying and selling transactions can be resolved through non-litigation or litigation through local courts, as stipulated in Article 47 of the Consumer Protection Law.
Keywords: e-commerce, online transactions, consumer protection
Share Link
| Plain Format
| Corresponding Author (I Gusti Ayu Tia Anja Ariesti, SH)
|
18 |
International Law |
ABS-35 |
A LEGAL ANALYSIS OF MINING INDUSTRY LICENCE AND MINING IMPACT FOR THE COMMUNITY IN BUNGKU PESISIR SUBDISTRICT, MOROWALI REGENCY Nurhidayah, Wahyuni Idrus, Arif Maulana
Faculty of Law, Universitas Sawerigading Makassar
Abstract
The goal of the ratification of Law No. 3 of 2020 regarding Amendments to Law No. 4 of 2009 regarding Mineral and Coal Mining is to maximise state revenue and protect ecosystems from uncontrolled environmental damage. This is essential in the mining management process so that this industry can contribute to the prosperity of people while also being environmentally responsible and sustainable. This research aimed to analyse the implementation of Law No. 3 of 2020 concerning Amendments to Law Number 4 of 2009 concerning Mineral and Coal Mining and Government Regulation (PP) No. 5 of 2021 concerning Management of Mining Licence and to elaborate on the impacts of the mining industry in Bungku Pesisir Subdistrict, Morowali Regency. A type of quantitative observational research was used in this study. The study^s population consisted of 219 family heads, and the 64 samples came from the mining-affected village of Laroenai. A ^time series^ analysis (before and after the mining industry) was used to figure out the direction of social change. The findings of this research indicated that the implementation of the mining industry licence policy is inconsistent with government regulation number 5 of 2021 concerning licencing guidelines for mining industry licence management. The implementation of the mining industry licence policy is not optimal. Mining companies have disregarded the provisions of Law No. 3 of 2020 regarding minerals and coal and Government Regulation (PP) No. 5 of 2021 regarding the management of mining licences. The existence of mining in Bungku Pesisir Subdistrict, Morowali Regency, has negatively affected the livelihoods of the local population.
Keywords: Mining license- Implementation- Mining Impact
Share Link
| Plain Format
| Corresponding Author (Arif Maulana Arif)
|
19 |
International Law |
ABS-39 |
Changing International Sports Law in the Digital Era Jady Zaidi Hassim
Faculty of Law, Universiti Kebangsaan Malaysia, UKM Bangi, jady[at]ukm.edu.my
Abstract
The digital era has brought significant disruptions and opportunities to the world of sports, necessitating a re-evaluation of international sports law. This study explores the evolving landscape of international sports law in the context of the digital era and emphasizes the need for responsive legal frameworks to address emerging challenges. The rapid advancements in technology have revolutionized how sports are organized, broadcasted, and consumed on a global scale. Digital platforms, social media, and streaming services have transformed fan engagement, providing instant access to sports events, player information, and interactive experiences. However, these digital advancements have also given rise to complex legal issues that demand the attention and adaptation of international sports law. This study aims to evaluate the role of International sports law as a crucial framework for governing sports activities across borders and ensuring harmonization and fairness in global sports competitions. In the digital era, it faces new challenges and must adapt to address issues such as intellectual property rights, broadcasting rights, player contracts, anti-doping measures, data protection, cybersecurity, and the regulation of online betting and gambling. The changing digital landscape requires international sports law to respond to unique legal complexities arising from cross-border transactions, globalized media rights, and increased technology integration in sports. The study found that the harmonization of laws and regulations across different jurisdictions becomes crucial to maintain consistency and preserving the integrity of international sports. Furthermore, safeguarding sports integrity in the digital era presents significant challenges. The increased connectivity and global reach of digital platforms have facilitated match-fixing, doping, cybercrime, and intellectual property infringements. International sports law must adapt and enhance its mechanisms for detecting, investigating, and penalizing such misconduct. Collaborative efforts between international sports governing bodies, governments, law enforcement agencies, and technology experts are essential to developing effective measures to combat these threats. This paper argues that the changing digital landscape necessitates a dynamic and responsive approach to international sports law. By addressing all legal challenges posed by the digital era, international sports law can ensure fair and transparent global sports competitions. Collaboration, harmonization, and proactive measures are vital to navigate the complexities of the digital era and upholding the values of integrity, fairness, and trust in international sports.
Keywords: sports digitalization era, challenges, jurisdictions, harmonization, integrity
Share Link
| Plain Format
| Corresponding Author (Jady Zaidi Hassim)
|
20 |
International Law |
ABS-42 |
SANKSI PIDANA TERHADAP JUSTICE COLLABORATOR DALAM TINDAK PIDANA PEMBUNUHAN BERENCANA Ni Putu Ayu Mandalay Shasa Alba Chiara, A.A. Sagung Laksmi Dewi,
Universitas Warmadewa
Abstract
Sanksi pidana sebagai sarana politik kriminal harus dilandasi dengan adanya alasan ataupun dasar yang dapat dipertanggungjawabkan secara filosofis, yuridis, dan sosiologis. Tindak pidana pembunuhan berencana merupakan tindak pidana pembunuhan yang didahului oleh rencana pembunuhan terlebih dahulu. Dalam sistem hukum di Indonesia terdapat satu istilah yang disebut sebagai justice collaborator atau saksi pelaku yang bekerja sama dalam pengungkapan suatu tindak pidana yang sulit dan terorganisir yang mana dapat membantu aparat penegak hukum. Adapun rumusan masalah dalam penelitian ini adalah (1) Bagaimana kedudukan Justice Collaborator dalam tindak pidana pembunuhan berencana? dan (2) Bagaimana pertimbangan hakim dalam menjatuhkan sanksi pidana terhadap Justice Collaborator pada tindak pidana pembunuhan berencana? Pada penelitian ini, peneliti menerapkan metode penelitian hukum normatif yang merupakan jenis penelitian yang dilakukan dengan mempelajari norma-norma atau peraturan perundang-undangan terkait dengan permasalahan yang dibahas dengan menggunakan pendekatan terhadap putusan pengadilan, undang-undang, dan salah satu contoh kasus dalam Putusan Nomor : 798/PID. B/2022/PN. JKT.SEL.
Keywords: Sanksi Pidana, Justice Collaborator, Pembunuhan Berencana
Share Link
| Plain Format
| Corresponding Author (Ni Putu Ayu Mandalay Shasa Alba Chiara)
|
21 |
International Law |
ABS-58 |
Methodology Of Law Research I Nyoman Gede Novrihend
Faculty of Law, Universitas warmadewa
Abstract
Law Research is a systematic process that aims to investigate legal concepts, principles, and issues, contributing to the development and
Keywords: Methodology Of Law Research
Share Link
| Plain Format
| Corresponding Author (I Nyoman Gede Novrihend)
|
22 |
International Law |
ABS-72 |
LAW ENFORCEMENT AGAINST PERPETRATORS OF HUMAN TRAFFICKING CRIMES Ni Made Sukaryati Karma, Desak Gde Dwi Arini, Kade Richa Mulyawati
Fakultas Hukum Universitas Warmadewa
Abstract
Human Trafficking is defined as all acts involving the transfer, smuggling, coercion, threat, abduction, deception and tricking or placing someone in a situation of forced labor such as forced prostitution, slavery in labor, debt bondage or other slavery practices. This research specifically discusses the legal protection of victims of human trafficking crimes and law enforcement against perpetrators of human trafficking crimes. This research is a normative legal research with a statutory approach and conceptual approach. The sources of legal materials in this research are primary legal materials in the form of laws and regulations and secondary legal materials in the form of books, and journals and research results. The results of the study say that the legal protection of victims of human trafficking crimes in Law Number 21 of 2007 concerning Eradication of the Crime of Trafficking in Persons provides arrangements regarding the provision of protection to victims of human trafficking both in the form of restitution in the form of compensation for loss of wealth or income, suffering, costs for medical treatment, psychological, and / or other losses to victims of human trafficking. And law enforcement against perpetrators of human trafficking crimes is regulated in Article 2 through Article 9 of Law Number 21 of 2007 concerning the Eradication of the Crime of Trafficking in Persons. Law enforcement must be carried out firmly because it is an act that is contrary to human dignity and violates human rights. And the application of sanctions is not penal sanctions but also non-penal sanctions.
Keywords: law enforcement, perpetrators, crimes, Human Trafficking
Share Link
| Plain Format
| Corresponding Author (Ni Made Sukaryati Karma)
|
23 |
International Law |
ABS-73 |
LEGAL ANALYSIS OF THE PROTECTION OF NFT (NON-FUNGIBLE TOKEN) ART CONTENT IN THE PERSPECTIVE OF LAW IN INDONESIA IB Gede Agustya Mahaputra, I Komang Bintang Kurnianta
Faculty Of Law
Warmadewa University
Abstract
NFT (Non-Fungible Token) is a record of ownership and authentication authority used in various contexts, particularly in digital art and music, where unique works can be traded and owned digitally with verified ownership guarantees through blockchain technology. This research aims to analyze and gain an understanding of the legal protection provided to owners of NFT content in the legal context of Indonesia. The phenomenon of buying and selling NFT artworks in digital format presents new opportunities for artists but also raises issues related to the protection of their copyright from actions that could harm the creators. The research addresses the legal consequences and legal protection provided to owners of NFT content in the Indonesian legal context. The research adopts a normative juridical or library research method as the primary approach. In this study, relevant primary, secondary, and tertiary data are collected and analyzed. The research findings indicate that to protect the copyright of artworks sold as NFTs, policies are needed to regulate limitations in NFT transactions. With these limitations in place, after an NFT is purchased by someone else, the new owner will have restricted rights to the artwork, such as a prohibition on reselling the work and creating licenses in their own name. Instead, the owner who purchases the artwork from the creator can only use, reproduce, and display the work to the public. Thus, the copyright of the artwork remains with the creator who sells it as an NFT. This research contributes to the understanding of legal protection for owners of NFT content in the legal context of Indonesia.
Keywords: NFT, Intellectual Property Rights, Works of Art, Legal Protection
Share Link
| Plain Format
| Corresponding Author (IB Gede Agustya Mahaputra)
|
24 |
International Law |
ABS-77 |
Legal Regulation Of Hate Speech Offences with a Restorative Justice Approach 1. Kurniawan, 2. Judhariksawan, 3. Slamet Sampurno, 4 Maskun.
1. Kurniawan, Program Doktor Ilmu Hukum Universitas Hasanuddin Makasar. email: advkurniawan88[at]gmail.com
2. Judhariksawan, Universitas Hasanuddin Makassar. email: judhariksawan[at]gmail.com
3. Slamet sampurno, Universitas Hasanuddin Makassar. email: slametsampurno[at]gmail.com
4. Maskun, Universitas Hasanuddin Makassar. email: maskunlawschool[at]yahoo.co.id
Abstract
Abstract
This research focuses on the legal regulation of hate speech within the legal definition. Hate speech refers to words, behaviors, writings, or performances that are prohibited because they can incite social conflict, violence, and prejudiced attitudes from both the perpetrators and victims of such actions. The enforcement of hate speech laws is inseparable from legal substance and legal culture. The objective of this study is to formulate legal regulations regarding hate speech offenses and identify different law enforcement processes. This research is categorized as qualitative normative research (doctrinal). The approaches used in this study are conceptual, historical, legal, comparative, and case approaches.
The results of the research show that Article 28 paragraph 2 states that anyone who intentionally and without right incites, invites, or influences others to distribute and/or transmit information aimed at stirring up hatred or hostility towards individuals and/or certain groups based on ethnicity, religion, nationality, race, or gender through Electronic Information, Electronic Information, and/or Electronic Documents shall be punished. Based on this formulation, the prohibited act differs from the essence of Article 28 paragraph (2), where the prohibited act is actually ^causing others to distribute and/or transmit information^ as a consequential element (material offense). The expansion of the meaning of intergroup in the Constitutional Court Decision Number 76/PUU-XV/2017 concerning the substantive review of Article 28 paragraph 2 and Article 45 paragraph 2 is considered contradictory to the 1945 Constitution. The term intergroup not only includes ethnicity, religion, and race but also encompasses other entities not represented by ethnicity, religion, and race, which are then categorized as intergroups. Through systematic interpretation, the term ^group^ in Article 156 of the Criminal Code can be used to determine the criteria for the concept of ^intergroup^ in Article 28 paragraph (2). However, the qualification of what entities fall into the category of groups or intergroups is not further explained. Based on this formulation, it can be said that this article covers acts outside the electronic realm since the prohibited act is ^causing others to distribute and/or transmit information,^ whereas it should be contextualized with the Information and Electronic Transactions Act (ITE) where the prohibited act should be ^speech^ or ^proselytization^ through electronic means. Furthermore, clarification is needed regarding ^community groups,^ where community groups refer to other inherent and unchangeable identities, not intended to insult individuals, legal entities, state institutions, public authorities, or positions.
Keywords: Keywords: Legal Regulation, Hate Speech, Restorative Justice.
Share Link
| Plain Format
| Corresponding Author (Kurniawan Kurniawan)
|
25 |
International Law |
ABS-79 |
The Case Study of Jakarta, Manila and Bangkok Consumer Behavior and Online Loan (Pinjaman Online) Andreas Sapta Finady, Eric Stenly S. Ilkom, M. Sc
Magister Fakultas Hukum Universitas Pancasila
International Nitibasa Academy
Abstract
On May 19, 2023, The Financial Services Authority (OJK) advised people against borrowing money from online loans for purchasing tickets to the Coldplay music concert in Jakarta on November 15, 2023. Online loans is believed to make debt systems more effective, effective and easier. Because the consequences make people change their lifestyle patterns that are all digital especially in online loan life style especially purchase decision and post-purchase evaluation in Jakarta, Manila and Bangkok.
This paper explores the relation between Consumer behaviour and Online Loan Stage such as problem recognition, information search, alternatives evaluation, purchase decision and post-purchase evaluation in Jakarta, Manila and Bangkok during one month period between Mei to June 2023. It focuses on how the people from those regionals act during purchase decision and post purchase evaluation.
This paper examines events such as Consumer behaviour during Purchase decision and post-purchase evaluation with discourse analysis context from Indonesia, Philiphine and Thailand ^s social media and social networking groups. The last literature examined the Consumers Buying Behaviors^ Loans and Credits: A Situationer. Through last paper explanation, Consumers Buying Behaviors^ Loans and Credits: A Situationer, this research focuses on the importance of micro-financing business or lending institutions and private individuals are credit service providers of the respondents.
Keywords: Consumers Buying Behaviors^ Loans and Credits
Share Link
| Plain Format
| Corresponding Author (Andreas Sapta Finady)
|
26 |
International Law |
ABS-83 |
The Province of New York Convention Determined I Wayan Suka Wirawan, I Nyoman Putu Budiartha
Warmadewa University
Abstract
Recognition and enforcement of foreign arbitral awards is internationally
governed by the New York Convention 1958. The Convention prescribes several
quintessential rules which leave the contracting States to construe its meaning
according to their municipal law respectively. The rules of the convention which
specifically contain the words ^commercial^, ^public policy^, or ^reciprocity^, the
convention vested national States the discretion to construe the above rules. In
many cases, the discretion of national states to construe those rules based on their
municipal law has been made the enforcement of foreign arbitral awards carried
out inconsistent with the purpose of the Convention. This article found that the
substance of the above rules of the Convention is strongly influenced by dualistic
or pluralistic theory on the relationship between national and international law.
The matter concerning how to determine the relationship between national and
international law is the matter of epistemological postulates. Depart from intrinsic
conditions of jurisprudence, this discussion rejects dualist or pluralist approach to
the above rules of the Convention. Hence, the purpose of this discussion is to
argue that interpretation to the above rules of the convention should be exercise
monistic theory on the relationship between national and international law
Keywords: Arbitration, New York Convention, Foreign Arbitral Awards
Share Link
| Plain Format
| Corresponding Author (I Nyoman Putu Budiartha)
|
27 |
International Law |
ABS-96 |
THE EFFECTIVENESS OF USING QUICK RESPONSE CODE INDONESIAN STANDARD (QRIS) IN PUBLIC MARKETS IN THE CITY OF DENPASAR Ni Made Puspasutari Ujianti, Ni Putu Laksmi Krisnina Maharani, Ida Ayu Kartika Indrawan, I Ketut Suliwa Catur Sastradi
Faculty of Law, Warmadewa University
Abstract
This study aims to determine the effectiveness of using the Indonesian Standard Quick Response Code (QRIS) in buying and selling transactions at the Denpasar People^s Market. The development of the Indonesian industry will experience many changes, one of which is in the field of payments that use non-cash payments through QRIS. The use of non-cash payments has been prepared by Bank Indonesia, which must be carried out in every payment transaction in Indonesia in accordance with Article 6 PADG Number 24/1/PADG/2022. But in reality, there are still many merchants who do not use QRIS in every payment transaction. Thus it is important to do research to find out the methods of buying and selling transactions at the People^s Market in Denpasar City, as well as how effective the use of QRIS is in carrying out digital transactions at the People^s Market in Denpasar City. This study uses empirical juridical research methods. The lack of enthusiasm of traders in using QRIS is because the majority of traders are elderly and the socialization carried out by the Government is not optimal so that many people do not understand how to use it and there is an MDR fee of 0.6% applied to traders, making traders not implement QRIS.
Keywords: Effectiveness, Qris, Buying and selling transactions
Share Link
| Plain Format
| Corresponding Author (Ni Made Puspasutari Ujianti)
|
30 |
International Law |
ABS-108 |
The G20 Journey Dynamics: The Challenge of Labor Law for New Platform Workers Dodik Pranata Wijaya
Faculty of Law, YARSI University
Abstract
In recent years, digital technologies have significantly transformed in several sectors of our life. But the one which gets hit the most is in economic sector. Digital technologies have been shaking the traditional foundations of labor markets to the core. Then without realizing it, the new platform worker has now become an important part of contemporary life. It has created unprecedented opportunities for workers, business, and society. This research project will address the G20 journey on employment and explores two important questions: (1) What is platform workers? (2) does country need protect the new platform workers? This study uses mixed design to platform workers. Legal research methodology is built to explore and to address the relevant information, analyzes, interpret, and applies them to resolving issues in the development of regulations in the new worlds of work. In addition, the case studies will be used to explore and to sharpen the results of an analysis.
Keywords: G20, International Law, New Platform Workers.
Share Link
| Plain Format
| Corresponding Author (Dodik Pranata Wijaya)
|
Page 1 (data 1 to 30 of 176) | Displayed ini 30 data/page 1 2 3 4 5 6 NEXT >>
|