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61 Law on Business, Business Competition, and Prohibition of Monopoly ABS-9

Multiple Interpretations of Determining The Reasonable Price of Shares In The Process of Acquiring Rural Banks (BPR)
I Kadek Andika Saputra (a), Johanes Ibrahim Kosasih (b), I Nyoman Sujana (c)

a) Student of Master of Notary, Warmadewa University, Jalan Terompong No. 24, Denpasar, Bali 80239, Indonesia.
b), c) Lecturer of Master of Notary, Warmadewa University, Jalan Terompong No. 24, Denpasar, Bali 80239, Indonesia.


Abstract

This article analyzes the multiple interpretations of determining the reasonable price of shares in the BPR acquisition process. Minority Shareholders who oppose the BPR Acquisition process, have the right to demand the Company or BPR to purchase their shares at a reasonable price. However, the phrase ^reasonable price^ of shares in question is not clearly defined in both UUPT and POJK No. 21/2019 concerning Mergers, Consolidations, and Acquisitions of BPRs and BPRS, so this creates a blurring of norms and does not provide guarantees of certainty and legal protection for opposing minority shareholders. The focus of the study in this article is to examine the legal protection of Minority Shareholders in the acquisition process related to the reasonable price mandated in laws and regulations. This research employs Normative Legal Research Method. As analytical tools, the Theory of Legal Certainty and Legal Protection, the Statute Approach, and the Analytical and Conceptual Approach are utilized. Based on the analysis, it can be concluded that Article 62 UUPT and Article 29 POJK No. 21/2019, gives rights to Minority Shareholders, to demand the Company or BPR to purchase their shares at a reasonable price. However, the phrase ^reasonable price^, on the other hand, creates a blurring of norms, resulting in a lack of legal protection. On one hand, Majority Shareholders with dominant voting rights can determine the reasonable price of shares following their preference based on the GMS, while on the other hand, Minority Shareholders with fewer voting rights will feel disadvantaged and be compelled to comply with the GMS^s decisions. According to the Researcher, to provide legal certainty and protection to Minority Shareholders, the determination of the fair price of shares must be adjusted to market value, which is determined through an appraisal agency that is independent and not affiliated with the Company.

Keywords: Legal Protection, Minority Shareholders, Acquisition, Rural Bank (BPR)

Share Link | Plain Format | Corresponding Author (I Kadek Andika Saputra)


62 Law on Business, Business Competition, and Prohibition of Monopoly ABS-14

VIRTUAL ARBITRATION PROCEEDING: PROMISING EFFICIENCY, REAPING RISKS
Herliana and Sujayadi

Faculty of Law
Universitas Gadjah Mada


Abstract

Electronic administrative process, virtual arbitrations proceedings and document review-based arbitrations have been shown to reduce costs and increase efficiency. However, these conveniences bring significant risks which may harm or degrade the nature and advantages of arbitration. The risks of a virtual trial include the level of security (cybersecurity), privacy, confidentiality, and trust. Singer mentioned two risks related to cybersecurity, namely data theft and cyberattacks. The choice of a virtual arbitration hearing cannot be based solely on effectiveness and efficiency, but must also look at the side of legal certainty, confidentiality of the process, and suitability for the type of case being faced. This study aims to find the ideal form of conducting arbitral proceedings online, by looking at BANI^s experience during the pandemic and comparing it with the practice of the world^s leading arbitration institutions, namely SIAC and AAA considering that the two arbitral institutions have succeeded in holding arbitration via video conferencing while maintaining confidentiality, security data and legal certainty regarding the validity of the procedure. To enrich the discussion, the Author will also examine the implementation of online arbitration as a benchmark for implementing virtual arbitration.

Keywords: virtual arbitration, confidentiality, efficiency Themes: Law on Business

Share Link | Plain Format | Corresponding Author (Herliana Herliana)


63 Law on Business, Business Competition, and Prohibition of Monopoly ABS-15

ESTABLISHING JURISDICTION OF INDONESIAN COURTS IN TRANSNATIONAL CONTRACT CASE: A RESPOND TO GLOBAL ECONOMIC CHANGES
Herliana and Sujayadi

Faculty of Law
Gadjah Mada University


Abstract

The lack of certainty often exists in international contract because there are more than one jurisdictions involves. Contract enforcement is crucial to sustain economic growth. Efficient law enforcement will not be achieved without a well-functioning judiciary that resolves contract disputes in a speedy manner, predictable and accessible to the parties. To further develop the economy, Indonesian courts need to support contract law enforcement by having a clear parameter on how to establish jurisdiction over contract involving foreign elements. This would enhance the efficiency of the judiciary, which will result in improving business climate in the country.
This paper provides an analysis on how the court can establish its jurisdiction over transnational contract. It will look into the practice of the United States and the United Kingdom experiences. This is a juridical normative analysis that will use cases as the basis of the study. This paper argues that establishing jurisdiction over transnational contract is the starting point for legal protection for parties toward contract breach. Judges need to maintain consistency in determining courts^ jurisdiction towards international contract. When judges consistently apply the parameters, the problem of lack of certainty can be overcome accordingly.

Keywords: Transnational Contract, Court Jurisdiction, Judges

Share Link | Plain Format | Corresponding Author (Herliana Herliana)


64 Law on Business, Business Competition, and Prohibition of Monopoly ABS-21

Legal Protection of Intellectual Property Rights for Bangelan Coffee Products in Bangelan Village
Anindya Bidasari1,* Ririen Ambarsari 2, Darajatun Indra Kusuma Wijaya, Fahmi Arif Zakaria, Christian Ade Wijaya

Universitas PGRI Kanjuruhan Malang


Abstract

As an area that has a lot of natural tourism potential, Bangelan Village which is located at Malang Regency is also famous for its Bangelan coffee plantations, as a relic of the Japanese colonial era, as well as processed coffee which has a distinctive taste. However, based on the not yet optimal public understanding of the importance of protecting intellectual property rights for homemade coffee products, as well as the not yet optimal marketing of these processed coffee products, the team provided several solutions, including: 1) Assisting in making the logo design for Bangelan Coffee products which have their own characteristics- 2) Assist with the registration of intellectual property rights up to the issuance of the certificates- 3) Assisting in the management of the issuance of Business Permits for business actors- and 4) Assisting in the issuance of PIRT, so that coffee products can be marketed optimally, in the Bangelan village environment to marketplaces throughout Indonesia, both offline and online.

Keywords: legal protection, coffee, intellectual property rights

Share Link | Plain Format | Corresponding Author (Anindya Bidasari)


65 Law on Business, Business Competition, and Prohibition of Monopoly ABS-22

A COMPARISON OF CORPORATE SOCIAL RESPONSIBILITY ARRANGEMENTS IN INDONESIA AND SOUTH KOREA
Sri Bakti Yunari, Listyowati Sumanto, Setyaningsih

Faculty of Law, Universitas Trisakti
Jl. Kyai Tapa No. 1, Grogol, Jakarta Barat, DKI Jakarta
Indonesia. 11440.
Corresponding Authors: sri.by[at]trisakti.ac.id


Abstract

This study aims to examine the similarities and differences in CSR arrangements in South Korea and CSER in Indonesia. Where the concept of CSR in South Korea is voluntary based, with reference to the Code of business ethics, it is very interesting to study. CSR in South Korea is more of a charity. This is different from the CSR concept in Indonesia which is based on mandatory. Normatively, the goal of CSR in Korea, which emphasizes corporate social, ethical, and environmental responsibilities beyond economic and legal duties, is in line with the goals of Chaebol reform by the South Korean government. The South Korean government^s discourse to legislate CSR through the Ministry of Trade, Industry and Energy, and promote CSR activities, by developing a CSR reporting system for companies and plans that use pension investments as CSR. This is certainly different from the birth of the CSER concept in Indonesia, where the awareness is based on the existence of the legal obligation of CSR in Article 74, Law No. 40 of 2007 concerning Limited Liability Companies. By using legal research methods, sourced from secondary legal materials, and analyzed prescriptively with a statutory and comparative approach, a study is obtained on the voluntary-based CSR arrangements in South Korea and the mandatory-based Indonesian CSER arrangements. Where in substance the CSR arrangements in Korea and CSER in Indonesia certainly have similarities and differences.

Keywords: CSR, Arrangements, South Korea-Indonesia

Share Link | Plain Format | Corresponding Author (Sri Bakti Yunari)


66 Law on Business, Business Competition, and Prohibition of Monopoly ABS-28

DISPUTE ON MS GLOW AND PS GLOW TRADEMARK IN A FIRST TO FILE SYSTEM PERSPECTIVE
Putu Ratih Aprillia, Putu Ayu Sriasih Wesna, I Made Arjaya

Universitas Warmadewa, Denpasar-Bali, Indonesia


Abstract

This research was conducted because there are trademark similarities between MS GLOW and PS GLOW. In the search it was found that the trademark registered by MS GLOW was in the powder drink classification, while PS GLOW registered its trademark in the cosmetic class. In accordance with the Trademark Law, a mark may not have the same principal as other trademarks. The legal research method used in writing this thesis is normative legal research with a statutory approach, a legal concept analysis approach and a case approach. The author uses the theory of legal protection and the theory of legal certainty on these legal issues. The trademark registration system is closely related to the legal protection of trademark rights. There are two types of systems for registering a mark, namely a system with a declarative principle (first to use) and a system with a constitutive principle (first to file). A system with a declarative principle (first to use), which means that a person or legal entity uses a trademark for the first time, is given legal protection. This system is considered to lack guarantees of legal certainty because it is related to evidence which is not easy to prove who used the mark first because rights will arise with the first use, not with the first registration. Meanwhile, the constitutive principle (first to file) is the principle where the trademark owner gets the presumption that it is legitimate to register first. In this system, trademark rights are obtained after the mark is registered. Thus, other parties cannot have the same trademark. In this case, no one may imitate, resemble, use an object or service if the owner of the mark does not allow it. Through these disputes, it can be concluded that trademark registration is very important because it is a means of proof of ownership in the event of a trademark dispute.

Keywords: Dispute, Trademark, First to file system

Share Link | Plain Format | Corresponding Author (PUTU RATIH APRILLIA)


67 Law on Business, Business Competition, and Prohibition of Monopoly ABS-33

LEGAL ISSUES RELATING TO FOREIGNERS WHO ARE MANIPULATING MARRIAGE LICENSE IN ORDER TO RUN ILLEGAL BUSINESSES
Andreas Sapta Finady, Dr Jum Anggriani SH MHum

Pancasila University


Abstract

Abstract


The case of foreigners who manipulate marriage document in order to run businesses in Indonesia oftentimes happen and it is no longer a secret, causing a lot of issues as well as affecting the parties involved. The real purpose for them is to run businesses instead of marrying Indonesians. The issue regarding marriage document by manipulating their Permanent Stay Permit Card needs to have a careful and thorough attention from the government by eradicating the manipulation of marriage document of foreigners who are marrying Indonesians. The government also needs to tackle this issue to prevent foreigners dominating businesses in Indonesia and to keep Indonesian citizens being ^the first citizen^ in their own country. The ease of immigration to increase the foreign exchange earnings in the tourism sector for foreigners who are planning to visit Indonesia must be implemented with strict supervision.
The objective of this research is to encourage Indonesian government to legislate against foreigners who are marrying Indonesian to comply with the Law, in this case the Law concerning Foreign Investment.
This research is conducted by using descriptive and qualitative research methods as well as analyzing the relevant Law especially Indonesia^s Marriage Law.
To overcome this issue, we need the support from the government by educating people through counseling, supervising, and conducting strict actions done by the law enforcement officials to protect the business players like Indonesian micro, small, and medium enterprises.
Keywords: Permanent Stay Permit Card, Foreigners^ Marriage License, Foreign Investment.

Keywords: Please Just Try to Submit This Sample Abstract

Share Link | Plain Format | Corresponding Author (Andreas Sapta Finady)


68 Law on Business, Business Competition, and Prohibition of Monopoly ABS-34

LEGAL PROTECTION FOR BANKS IN CASH PROCESSING AGREEMENTS WITH CASH PROCESSING SERVICES COMPANIES
Anak Agung Suci Permatasari, Prof. Dr. I Wayan Wesna Astara, SH, M.H, M.Hum, Dr. Ni Komang Arini Styawati,S.H.,M.Hum

Warmadewa University


Abstract

This article research is a normative legal research that conducts an in-depth analysis of (1) arrangements for implementing cash processing agreements, and (2) legal protection for banks in cash processing agreements with Rupiah Money Processing Service Provider Companies (PJPUR). The focus of this study was carried out because of the blurring of norms in Bank Indonesia Regulations governing Rupiah Currency Processing Service Providers Number 18/15/PBI/2016 which are contained in several phrases, namely ^periodic^ in Article 12 paragraph (1), then the phrase ^sufficient^ in Article 17, and finally the phrase ^supervisory authority^ in Article 23 paragraph (2). The problem approach used is the statutory approach, the concept approach, and the case approach. The results of the research show that (1) Even though there are some vague norms in Bank Indonesia regulations as a basis for the implementation of this cash processing agreement, the implementation arrangements must be in accordance with what is agreed in the written agreement between the bank and the PJPUR company. (2) Legal protection for Banks in cash processing activities with PJPUR company, can be in the form of preventive protection, namely sanctions have been regulated for PJPUR company who violate the provisions in accordance with Article 18 to Article 22 of Bank Indonesia Regulation Number 18/15/PBI/2016 Concerning Money Processing Service Providers Rupiah. Preventive legal protection can also be in the form of strengthening the substance of the Agreement, namely by including a clear insurance clause as a security guarantee or the Bank. Repressive legal protection can be found in clauses in agreements that contain dispute resolution in the future, which can be through litigation or non-litigation.

Keywords: Legal Protection, Cash Processing, Bank, PJPUR.

Share Link | Plain Format | Corresponding Author (Anak Agung Suci Permatasari)


69 Law on Business, Business Competition, and Prohibition of Monopoly ABS-46

MODERNIZATION OF AGREEMENT LEGAL RENEWAL IN THE DIGITAL CONVERGENCE DIMENSION
Dina Haryati Sukardi, Maria Septijantini Alie, Tyas Desita Wengrum, Puput Dwi Aryani

Mitra Indonesia University


Abstract

Abstract

This research discusses the modernization of legal renewal in the field of agreements in the digitalization era and its challenges.The methodology in this study is qualitative research. This type of research is normative legal research where researchers will use sources and research materials originating from laws and regulations, books/literature.law, as well as previous studies both published in journals, libraries, both online and hardcopy. This form of renewal in the field of agreements that uses digital technology means we now call it E-Commerce. This digital technology influences the legal system in a way that has never happened before. In addition, another challenge faced by society in the digital era is related to the use of technology in business and economic activities. The use of digital technology in business, especially in the field of agreements, brings various advantages, but also has an impact on competition, data security and intellectual property rights. This requires proper regulation to ensure fair competition and protection of business rights. A report from the World Economic Forum (2018),

Keywords: Keywords: Renewal, Agreement Law, Digital

Share Link | Plain Format | Corresponding Author (Dina Haryati Sukardi)


70 Law on Business, Business Competition, and Prohibition of Monopoly ABS-47

The Urgency of Legal Protection for Couriers in COD (Cash On Delivery) Transactions
1st Dian Herlambang, 2nd Susi Indriyani, 3rd Renandi Eka Tama, 4rd Rizani Putri

University of Mitra Indonesia


Abstract

COD transactions involving marketplaces, sellers and buyers are connected with other parties, namely couriers and goods delivery service companies, which are not found in conventional buying and selling transactions. Couriers in the Cash On Delivery transaction process have an essential role in the transaction. The absence of rules and policies that require delivery service companies, and parties in e-commerce, has resulted in the absence of clear guidelines and references to risk management and what mitigation systems need to be built in order to resolve the problem of protecting couriers, so when the company developed the COD system, it was not accompanied by an optimal mapping of potential problems that arise. This journal will examine whether the Oversight Agency oversees the Courier in COD transactions and what policies are adopted by the Government to protect the protection of couriers in COD transactions. This journal uses a qualitative descriptive research method. Until now, there has been no sales monitoring through e-commerce and the Internet. Until now, the regulation of the COD mechanism by marketplace organizers is only a technical guideline with no legal force for all parties who commit violations and cannot provide protection for couriers.

Keywords: Courier, Cash On Delivery, Protect

Share Link | Plain Format | Corresponding Author (Dian Herlambang Dian)


71 Law on Business, Business Competition, and Prohibition of Monopoly ABS-48

IMPLEMENTATION OF LAW NUMBER 6 OF 2023 IN ENCOURAGING IMPROVEMENT OF MICRO, SMALL AND MEDIUM ENTERPRISES (MSMEs) IN THE FIELD OF E-COMMERCE
Aniek Tyaswati Wiji Lestari

Faculty of Law, University of August 17, 1945 Semarang


Abstract

The writing of this law addresses the juridical aspects in the regulation of MSMEs under Law Number 6 of 2023 Concerning the Establishment of Government Regulations Substitute Law Number 2 of 2022 concerning Job creation into Law that has provided convenience in the legality of establishment, ease of production and financing as well as ease of marketing and post-production. Law No. 6 of 2023 has a role in raising the MSMEs business in e-commerce and encouraging economy growth. The research method used is a type of normative legal research, by using the statutory approach with primary legal material namely Law Number 6 of 2023 Concerning the Establishment of Government Regulations Substitute Law Number 2 of 2022 concerning Job creation into Law and Regulation Government Number 7 of 2021 Concerning the Ease, Protection and Empowerment of Cooperatives and Micro and Medium Small Businesses. The results of the study show the Juridical Aspects of the Arrangement of MSMEs in Law Number 6 of 2023 regulated in Chapter V starting from Article 87 to Article 104. The role of the Omnibus law in encouraging the development of MSMEs in the E-Commerce field, which encourages public interest in running and opening MSMEs businesses, creating ease and support for MSMEs^ efforts to develop rapidly.

Keywords: Job creation- MSMEs- E-Commerce.

Share Link | Plain Format | Corresponding Author (Aniek Tyaswati Wiji Lestari)


72 Law on Business, Business Competition, and Prohibition of Monopoly ABS-63

Legal Protection of Childrens Rights Related to The Phenomenon of Endorse on Social Media Instagram
Tahura Malagano1, Destoprani Brajannoto2, Novalita3, Kartika Puspa4

1,2,3,4University of Mitra Indonesia


Abstract

Phenomenon of endorse today has been targeted among children who have a lot of followers on Instagram, for example, only celebrities. This phenomenon becomes a special concern that should be addressed, therefore the identification of problems in this journal is how the protection of children^s rights as endorse and what is the factor causing the phenomena of endorse to children on social media instagram is increasingly upset.

The method used in this journal is a qualitative research method with a descriptive approach through data collection by means of participant observation to know the essential phenomena of participation in problem-solving. The protection of children^s rights as an endorser today is often ignored and does not pay attention to the principles of the rights of the child, so there is no permission from the parents, which of course violates the Children^s Protection Act. One factor causing the phenomenon of endorsements to children on social media platforms like Instagram is that people are becoming more angry because of the ease of earning money from endorse results.

Keywords: Children^s rights, victims and protection

Share Link | Plain Format | Corresponding Author (Tahura Malagano Malagano)


73 Law on Business, Business Competition, and Prohibition of Monopoly ABS-75

Legal Protection of Consumers of Household Food Products and distribution license
Sri Retno Widyorini

faculty of law university 17 august 1945 semarang


Abstract

The provisions in the Health Law state that food products only be distribution to the consumer community after obtaining a distribution license from the relevant agency, namely BPOM (Food and Drug Supervisory Agency). In reality, unlicensed food products, especially those produced by home industries, are sold freely in the community. Some of these products are packaged but some are sold without packaging. This condition will certainly cause problems to the health of the community because these products do not necessarily meet the predetermined standards related to raw materials, mixtures in food products, etc. Consumers are harmed because they consume food products that have not been licensed. Consumers who are harmed by consuming these food products are of course difficult to get the legal protection they should be entitled to. This is because the food does not have a distribution license as a requirement before a food product is sold to the public. The problem arises where the consumer community should complain, how is the supervision of the relevant agencies and whether proof is needed from consumers who are harmed.

Keywords: Distribution License, Legal Protection, Consumer.

Share Link | Plain Format | Corresponding Author (Sri Retno Widyorini)


74 Law on Business, Business Competition, and Prohibition of Monopoly ABS-80

Types of Crimes by Businessmen Based on the Decision of the Commission for the Supervision of Business Competition: Mapping as a Preventive Measure for the Scope of Business
Muhammad Djaelani Prasetya (a*), Ratnawati (b)

Faculty of Law, Hasanuddin University
Jalan Perintis Kemerdekaan KM.10, Makassar, Indonesia
*djaeprasetya[at]unhas.ac.id


Abstract

The development of the scope of business is in harmony with trade and business activities. Several activities gave rise to various forms of crime that threatened the scope of busines. For this reason, a business competition supervisory commission was born to monitor this threat. During 2020-2022, 57 decisions were made. For this amount, it is hoped that Indonesia will prioritize the mapping of criminal phenomena by Business Actors based on the decisions of the business competition supervisory commission as a preventive measure to protect the business world.
This type of research will be carried out normatively with statutory, historical, and case approaches. In the end, the results and discussion are analyzed qualitatively to find out the legal phenomenon as a preventive effort to protect the scope of business.

Keywords: businessmen- crime- decision- mapping- scope of business.

Share Link | Plain Format | Corresponding Author (Muhammad Djaelani Prasetya)


75 Law on Business, Business Competition, and Prohibition of Monopoly ABS-87

PERLINDUNGAN HUKUM TERHADAP KONSUMEN DALAM MELAKUKAN TRANSAKSI JUAL BELI SECARA ELEKTRONIK
Darwati

Universitas Borobudur


Abstract

Kemajuan tehnologi meningkatkan niat masyarakat dalam melakukan transaksi secara elektronik . Salah satu transaksi tersebut yaitu melakukan pembelian barang kebutuhan masyarakat melalui transaksi secara elektronik yaitu handphone. Selanjutnya Pemerintah memberlakukan Undang-Undang Nomor 11 Tahun 2008 tentang Transaksi Elektronik dan Undang-undang Nomor 8 Tahun 1999 tentang Perlindungan Konsumen. Namun transaksi tersebut tidak selalu baik , namun dapat juga merugikan masyarakat. Rumusan masalah : 1. Mengapa terjadi masalah dalam melakukan transaksi secara elektronik.2.Bagaimana implementasi perlindungan hukum terhadap konsumen dalam melakukan transaksi secara elektronik?. Metodologi yang dipergunakan yaitu yuridis normative dan sosiologies dengan melakukan wawancara pada konsumen dan lembaga konsumen yang menerima pembelian barang yang tidak sesuai dengan pesanan. Dalam menganalisis permasalahan dipergunakan teori negara hukum, teori perjanjian dan teori keadilan, teori kewenangan dan teori efektivitas.
Hasil penelitian:1. Terjadi masalah dalam melakukan transaksi secara elektronik karena penjual tidak punya niat baik dan hal ini melanggar pasal 7 huruf a, dan pembeli tidak teliti hal ini melanggar pasal 5 huruf a Undang-Undang Nomor 8 Tahun 1999 tentang Perlindungan Konsumen. 2. Implementasi perlindungan hukum terhadap konsumen dalam melakukan transaksi secara elektronik diatur dalam Undang-Undang Nomor 8 Tahun 1999 tentang Perlindungan Konsumen, namun tidak terlaksana secara efektive. Saran- 1. Disarankan agar pemerintah dan lembaga perlindungan konsumen memberikan sosialisasi kepada semua pihak tentang kewajiban para pihak yang diatur dalam Undang-Undang Nomor 8 Tahun 1999 tentang Perindungan Konsumen.

Keywords: Perlindungan konsumen, transaksi secara elektronik

Share Link | Plain Format | Corresponding Author (Dar Wati)


76 Law on Business, Business Competition, and Prohibition of Monopoly ABS-89

Legal Protection in the Application of Fintech in the Digital Age for MSMEs Modernization
Muhadi, Hairudin, Intan Oktaria, Ira Adelita

Mitra Indonesia University


Abstract

The growth of innovation during the Industrial Revolution 4.0, or the era of digitalization, makes everything that a person needs feel more effective, up-to-date and modern. Every country is competing to make the digitalization era a trend because of the advantages and conveniences it offers. In this study, the authors used research to collect data by reading law books, studying books related to existing cases in the literature that are related to this research, as well as websites that have links with the author^s problem were taken, so that data was collected. concretely and accurately. The author also uses an empirical approach, which is carried out by looking at the object under study and conducting interviews with people related to the research subject. OJK Regulation Number 77 of 2016 (POJK) concerning Information Technology-Based Money-Lending Services regulates MSME activities that involve financial technology. What is meant by information technology-based lending and borrowing services is the provision of financial services to connect lenders and borrowers in the context of entering into loan agreements in the rupiah currency directly through an electronic system using the internet network, in accordance with Chapter I Article 1, Paragraph 3 of the Regulations OJK Number 77 of 2016 (POJK).

Keywords: Keywords: Legal Protection, MSMEs, Fintech.

Share Link | Plain Format | Corresponding Author (Muhadi Muhadi)


77 Law on Business, Business Competition, and Prohibition of Monopoly ABS-90

The Role Of Special Bankruptcy Civil Law In The Global Business Legal System
Yapiter Marpi

University of Jakarta


Abstract

The world of law and the Indonesian economy was shaken when the bankruptcy of several large companies which were solvent in the district court occurred. Some of these companies eventually can be saved but there are also those who are but bankrupt. Bankruptcy law is a branch of business law which is currently experiencing a very significant development in line with the current legal and economic developments, where the settlement of debt-receipt relationships between debtors and creditors is currently no longer resolved through civil lawsuits, but is settled through commercial court. Therefore, bankruptcy law has a very strategic position in the national business law system. In addition, bankruptcy law as part of the national business law system cannot stand alone, but has relationships and links with other areas of law, among the areas of law that are closely related to bankruptcy law include contract law, guarantee law, and company law. The existence of bankruptcy law can provide a mechanism in which creditors can jointly determine whether the debtor^s company should continue as a going concern or not, and can force minority creditors to participate in a scheme due to voting procedures.

Keywords: bankruptcy law, national business law system

Share Link | Plain Format | Corresponding Author (Yapiter Marpi)


78 Law on Business, Business Competition, and Prohibition of Monopoly ABS-95

SECURITY LEGAL PROVISIONS FOR THE USE OF ELECTRONIC WALLETS AS TRANSACTION MEDIA BASED ON BANK INDONESIA REGULATION NUMBER 18 OF 2016 CONCERNING IMPLEMENTATION OF TRANSACTION PROCESSING
1.Dr. Anak Agung Sagung Ngurah Indradewi,S.H.,M.H. 2.I Wayan Partama Putra, S.H.,M.H.

Lecturer in Master of Laws, Faculty of Law, Dwijendra University


Abstract

The use of this electronic wallet makes it easier for humans to transact at a
distance or near. Only need a smartphone without cash and an ATM card, the
transaction process can be done. Based on this background, the authors raised the
formulation of the problem, namely how the legal regulation of the security of the
use of electronic wallets as a transaction medium is reviewed juridically based on
Bank Indonesia Regulation Number 18 of 2016 concerning the Implementation of
Transaction Processing and how is legal certainty regarding the security of the use
of electronic wallets as a transaction medium based on Bank Indonesia Regulations
Number 18 of 2016 concerning Implementation of Transaction Processing.
The research method in this study is Normative Legal Research with Statute
Approach, Conceptual Approach with Primary, Secondary, Tertiary Legal Material
Sources which are collected using legal material collection techniques obtained
from libraries, the internet and e- journal that will be analyzed qualitatively
The legal regulation on the security of using electronic wallets as a
transaction medium does not explain what is meant by including authorization
activities, clearing activities and final settlement activities (settlement) giving rise
to multiple interpretations or a blurring of norms. Legal certainty regarding the
security of using electronic wallets as a transaction medium based on Bank
Indonesia Regulation Number 18 of 2016 concerning the Implementation of
Transaction Processing, namely the absence of legal certainty providing protection
to consumers of payment system services aimed at electronic wallet users.
Principles of consumer control consisting of fairness and reliability, transparency,
protection of consumer data and/or information, as well as effective handling and
resolution of complaints.

Keywords: Legal Certainty, Digital Wallet, Consumer Protection

Share Link | Plain Format | Corresponding Author (Anak Agung Sagung Ngurah Indradewi,S.H.,M.H.)


79 Law on Business, Business Competition, and Prohibition of Monopoly ABS-99

Business Disputes Settlement through Electronic Mediation
Firman Freaddy Busroh, Fatria Khairo, Putri Difa Zhafirah

Sekolah Tinggi Ilmu Hukum Sumpah Pemuda


Abstract

Mediation is an alternative dispute resolution in Indonesia. The existence of Mediation in Indonesian law is regulated in Law Number 30 of 1999 and Supreme Court Regulation Number 1 of 2008 and refined by Supreme Court Regulation Number 1 of 2016. Dispute resolution through mediation needs to be strengthened, especially in business dispute resolution. Business disputes are increasing day by day and involve parties from abroad, both individuals and legal entities. With the background of the different legal systems of the parties, it is necessary to take steps to efficiently resolve cases through electronic mediation. Electronic mediation must be carried out by the parties using the services of a certified mediator. The role of the Mediator in resolving business disputes is highly desirable because of the advantages of resolving business disputes through mediation. For this reason, electronic mediation can be the answer to resolving business disputes both in Indonesia and abroad.

Keywords: Business Disputes- Disputes Settlement - Electronic Mediation

Share Link | Plain Format | Corresponding Author (Firman Busroh)


80 Law on Business, Business Competition, and Prohibition of Monopoly ABS-100

ARTIFICIAL INTELLIGENCE: LEGAL STATUS AND DEVELOPMENT IN THE ESTABLISHMENT OF REGULATORY
Erma Defiana Putriyanti (a), Rumainur (b), Rara Nadia (c)

Faculty of Law, National University, Jl. Sawo Manila Pasar Minggu South Jakarta.


Abstract

The development and use of AI that continues to expand in various sectors of life turns out to be in line with the challenges it faces. A guideline is needed in the form of a legal framework that regulates how to develop AI, its use, and how settlements can be made regarding losses caused by AI. The legal concept that will be formed in AI will be formulated differently depending on whether we regard AI as a legal subject or object. This study aims to examine whether Artificial Intelligence can become a legal subject and how the development of the formation of Artificial Intelligence regulations in several countries.
This type of research is normative juridical with statutory, conceptual, and comparative law approaches. The results of this research indicate that AI can become a legal subject, namely a derivative legal subject like a legal entity. This view is based on the theory of fiction and the theory of organs in legal entities. Several countries such as Russia, the European Union, the United States, and China already have guidelines on the development and use of AI. The guidelines generally focus more on developing ethical standards and norms for the use of AI. These guidelines will be developed into regulations. Regulations that can be used as a basis for the use of AI in Indonesia are contained in Law Number 16 of 2016 concerning ITE and Law Number 27 of 2022 concerning Personal Data Protection.

Keywords: Artificial Intelligence, Legal Status, Development, Regulatory

Share Link | Plain Format | Corresponding Author (Erma Defiana Putriyanti)


81 Law on Business, Business Competition, and Prohibition of Monopoly ABS-106

Good Governance Substance Principle on Digital Based Public Services in DKI Jakarta
Mohammad Ryan Bakry

Faculty of Law, YARSI University


Abstract

The public service developed in DKI Jakarta through a digital ecosystem, its main value is as an innovation in public services. In the context of the Covid 19, digital-based public services are considered more dynamic, but on the other hand there is also the potential for stagnation, especially during the transition to a ^new normal^. A study of the substance of the principles of good governance is needed to assess the implementation of digital-based public services in DKI Jakarta and its relation to Central Government public services. This study uses doctrinal legal research methods through a conceptual and statutory approach to examine integration of the public service system based on good governance principles. In conclusion: First, digital-based public services for DKI Jakarta during transition from covid 19 to ^new normal^ is special determined by the area of principles implementation, namely accountability for building government capacity, access to wider participation, transparency of service information, and predictability of every decision or/and government actions during the transitional period- Second, the connectivity of digital public services between DKI Jakarta and the Central Government is still at the ^interaction^ stage

Keywords: digital government, good governance, public service

Share Link | Plain Format | Corresponding Author (Mohammad Ryan Bakry)


82 Law on Business, Business Competition, and Prohibition of Monopoly ABS-114

THE IDEA OF REQUIRING MEDIATION OUTSIDE OF COURT IN REALIZING SIMPLE PRINCIPLES, FAST AND LOW COST
1st Mustakim, 2nd Mas Subagyo Eko Prasetyo 3rd Alma Rifana Salsabila.

1st Universitas Nasional, 2nd Universitas Nasional, 3rd Universitas Nasional


Abstract

Regulation of the Supreme Court of the Republic of Indonesia (PERMA RI) Number 1 of 2016 concerning Mediation Procedures in Court requires judges and the parties or their attorneys to mediate in court. The fact that the implementation of mediation in court is not running optimally. In addition, mediation in court is a form of repeating the mediation process, in which almost all problems before filing a lawsuit to the court have mediated outside the court and the judge always reminds and gives the parties the opportunity to reconcile as long as there is no court decision that has permanent legal force. The problem in this study is whether the concept of requiring outside mediation in court is a condition for being able to file a lawsuit in court according to the principles and principles of dispute resolution? and how to arrange the implementation of mediation obligations outside of court as a condition for being able to file a lawsuit in court. This research is normative with a philosophical, conceptual, and statutory approach. The results of the study can be explained that requiring mediation outside the court before submitting a lawsuit to court can utilize mediators who are certified and registered with mediation institutions by using electronic devices can realize a simple, fast and low-cost settlement according to the mandate of Law Number 48 of 2009 Concerning Judicial Power and amendments to the Supreme Court Rules by including mediation outside the court as a mandatory stage and a condition for filing a lawsuit in court.

Keywords: Mediation Out of Court, Electronic Mediation, Judicial Powers.

Share Link | Plain Format | Corresponding Author (Mustakim Mustakim)


83 Law on Business, Business Competition, and Prohibition of Monopoly ABS-123

Harmonizing Consumer Protection Laws: E-commerce as Challenges and Opportunities for Global Businesses
Tina Amelia, Evita Isretno Ishardi, Hidayati

Faculty of Law, Universitas Borobudur


Abstract

Information technology and communication have influenced nearly every aspect of human life, including how we work, communicate, shop, and interact with the world around us. The growth of e-commerce brings its own unique legal challenges. Consumers should feel secure when shopping online and enjoy legal protection against fraud or issues with the products or services they purchase. This raises the issue of how adequate legal changes can be implemented to address the challenges arising from technological advancements while prioritizing consumer protection. This research aims to find solutions in creating legal certainty that aligns with technological developments in the digital business realm. The research adopts a normative juridical research approach. The research findings indicate that relevant and adequate regulations must be established to accommodate technological advancements and provide appropriate legal protection for all parties involved in e-commerce. The results of research in this study indicate that Indonesia has established regarding the e-commerce transactions under the UU PK dan ITE Act. The assurance of legal certainty in e-commerce consumers is one way of reducing the obstacles trade of goods and services in Indonesia. One approach to ensuring legal certainty and legal protection for e-commerce consumers is to legal harmonization for consumers protection.

Keywords: Digital Business, E-commerce, Legal Harmonize

Share Link | Plain Format | Corresponding Author (Tina Amelia)


84 Law on Business, Business Competition, and Prohibition of Monopoly ABS-126

BRETTON WOODS FINANCIAL INSITUTIONS IN THE ERA OF GLOBALISATION
Melantik Rompegading, Fadilla Jamila

Sawerigading University, Hasanuddin University


Abstract

Bretton Woods had established fundamental financial institutions, such as International Monetary Fund (IMF) and World Bank. They played major roles in world finance and economy. Yet globalization has challenged and undermined the effectiveness of these Bretton Woods Institutions. This paper will analyse challenges and critics faced by these institutions, the efforts that have been taken to solve this issue and analysis whether the current reforms are sufficient or not. To answer these questions, the authors used normative legal research by using literature research through relevant books, journals, legislations, official documents, case law and other relevant documents.
According to the research, it was found that numbers of critics have been addressed to these institutions. Those critics include the IMF quota system that tends to prevent evolution to the institutions, both IMF and World Bank are dominated by industrialized countries especially US, lack of involvement and representation of the developing countries, problems on the loan conditionality and the challenge of the rise of other regional financial institutions. Despites the challenges and the critics, both World Bank and IMF still contributes to the maintenance of world economic. These institutions have been trying to reform and improve their systems. However, in order to remain relevant in 21st century, Bretton Woods institutions still need to do fundamental reforms.

Keywords: Bretton Woods, International Economic Law, Globalisations

Share Link | Plain Format | Corresponding Author (Melantik Rompegading)


85 Law on Business, Business Competition, and Prohibition of Monopoly ABS-127

Transformation of Consumer Legal Protection Policy on Power Outages in the Era of Industry 4.0 in Makassar City
Sri Lestari Poernomo, Azwad Hambali

Faculty of Law, Muslim University of Indonesia


Abstract

Power outages occurring in Makassar City, especially in the era of Industry 4.0, have become a frequent issue and have resulted in losses for consumers. Therefore, consumer legal protection policies need to be adjusted with technological advancements and the transformation of Industry 4.0 to provide effective protection for consumers. This study aims to analyze the transformation of consumer legal protection policy concerning power outages in the era of Industry 4.0 in Makassar City. The research method used is a normative juridical method with a legislative approach and theoretical concepts. The results of the study indicate that the transformation of consumer legal protection policy needs to be carried out through several stages, including improving the quality of electrical services, enhancing the capacity of electricity providers, and upgrading the quality and capacity of dispute resolution institutions. Additionally, consumer legal protection needs to be reinforced by adopting new regulations, including Law Number 8 of 1999 concerning Consumer Protection: This law emphasizes the importance of protecting consumer rights and demands good quality of service from service providers, including in terms of electrical services, Law Number 30 of 2009 concerning Electricity: This law regulates the procurement and provision of reliable and quality electric power for the community, Government Regulation of the Republic of Indonesia Number 14 of 2012 concerning the Provision and Utilization of Electricity Aimed at Improving Community Welfare: This regulation sets service standards and supervises the provision and utilization of electricity. In conclusion, consumer legal protection policies regarding power outages in the era of Industry 4.0 in Makassar City need to be adapted to provide effective protection for consumers. In this regard, collaboration between the government, electricity providers, and consumer protection agencies is necessary to achieve optimal protection for consumers.

Keywords: Transformation, Policy, Legal Protection, Consumer, Power Outage, Industry 4.0 Era, Makassar City.

Share Link | Plain Format | Corresponding Author (Sri Lestari Poernomo)


86 Law on Business, Business Competition, and Prohibition of Monopoly ABS-132

THE CONCEPT OF BALANCED JUSTICE ON THE DISTRIBUTION OF MUSIC ROYALTY
Cucu Solihah and Hilman Nur

Faculty of Law, Suryakancana University


Abstract

Nowadays, musical work is an artwork providing benefits and high business value. The public enjoys and loves it as an artwork. The role of songwriters and singers determines the success and valuable song works loved by the public. It is a marketable factor and has high economic value. In some cases, the situation makes the relationship between songwriters and singers raises problems. Even some songwriters prohibit particular singers from performing their songs. Both of them claim the rights to the songs based on law. Based on the abovementioned reasons, this study reviewed some aspects of the balanced justice value, so it is expected to be one of the solutions for the conflicts of interest between the songwriters and the singers. This study applied normative juridical research as the research method. It was conducted by illustrating the applicable regulations and some legal theories from secondary data sources.

Keywords: songs, songwriters, singers, balanced justice.

Share Link | Plain Format | Corresponding Author (Cucu Solihah)


87 Law on Business, Business Competition, and Prohibition of Monopoly ABS-143

Legal Protection For The Safety of Supporters in Sports Championships
Cokorda Gde Swetasoma, I Ketut Satria Wiradharma Sumertajaya, I Gede Mahatma Yogiswara W

Fakultas Hukum Universitas Ngurah Rai


Abstract

Supporters play a role in providing support, enthusiasm and motivation in the holding of sports championships. In providing support, supports may assume a risk to their safety both inside and outside of sports events. Indonesian Law Number 11 of 2022 concerning Sports which regulates all aspects related to sports has not expressly regulated the form of protection to which supporters are entitled. The purpose of this study is to reveal the form of legal protection for the safety of supporters in the holding of sports championships. This study uses a normative juridical method because it departs from the ambiguity of norms. The results of this study indicate that the legal relationship between supporters and sports championship organizers is a legal relationship born from an agreement. There are differences in the protection of safety and security for supporters inside the match and outside the match. Supporters obtain safety and security protection in their position as spectators in sports matches, but there is no clear regulation regarding the form of protection they will receive if they provide support outside of sports matches.

Keywords: Supporter, Safety, Sports Championship

Share Link | Plain Format | Corresponding Author (Satria Wiradharama Sumerta Jaya I Ketut)


88 Law on Business, Business Competition, and Prohibition of Monopoly ABS-144

Digital Persecution in Financial Technology-based Online Loan Collection
I Wayan Putu Sucaya Aryana, Ni Putu Ari Setyaningsih, Putu Chandra Kinandana Kayuan

Fakultas Hukum Universitas Ngurah Rai


Abstract

The presence of financial technology tools in the form of lending makes it easy for people to get loans. Unfortunately, the trend also brings new problems. Many debtors or borrowers cannot repay their loans on time, so online loan providers collect payments through debt collectors. Collecting payments through debt collectors also triggers new problems, that is, a collection method that violates decency norms to legal norms such as committing digital persecution against debtors or borrowers. Based on these problems, this study aims to examine the legal relationship between online lending providers and debt collectors and analyze accountability for digital persecution in online loan collection. To find out the answers to these problems, this study uses the normative research method with a statute approach, a conceptual approach and a case approach. In the research results, it was found that the legal relationship between online lending providers and debt collectors is a contractual legal relationship. Liability for acts of digital persecution by debt collectors as loan collectors is civil liability, that is to say, the perpetrator of persecution compensates for acts against the law, and criminal responsibility by imposing sanctions on debt collectors for violations of electronic information and transaction laws and imposing criminal sanctions on online loan providers based on the theory of vicarious liability.

Keywords: Liability, Digital Persecution, Online Loan

Share Link | Plain Format | Corresponding Author (Ari Setyaningsih Ni Putu)


89 Law on Business, Business Competition, and Prohibition of Monopoly ABS-157

The Urgency of Appropriate Legal Regulations on Financial and Tax Aspects in Cryptocurrency Transactions in Indonesia
Conie Pania Putri, Andri Trisna Eka Putra,Muhammad Aminuddin

Master of Law, Kader Bangsa University, Palembang, South Sumatera, Indonesia


Abstract

The increasing popularity of cryptocurrencies has raised concerns regarding their financial and tax implications in Indonesia. This research aims to explore the urgency of implementing appropriate legal regulations to address the financial and tax aspects of cryptocurrency transactions in the country. By analyzing existing laws, regulations, and scholarly literature, this study aims to provide valuable insights into the current state of cryptocurrency transactions in Indonesia and the potential consequences of inadequate legal frameworks. The research begins by examining the financial aspect of cryptocurrency transactions, focusing on issues such as transaction security, investor protection, and financial stability. It investigates the potential risks associated with unregulated cryptocurrency transactions and the need for legal safeguards to mitigate these risks. Furthermore, the study delves into the tax aspect of cryptocurrency transactions, analyzing the challenges of taxing cryptocurrencies and the implications for government revenue. Through a comprehensive analysis of relevant laws and regulations, this research emphasizes the significance of establishing an appropriate legal framework for cryptocurrency transactions. The findings of this study contribute to the ongoing discussions on the regulation of cryptocurrencies in Indonesia and provide recommendations for policymakers, regulators, and stakeholders in formulating effective legal measures.

Keywords: Cryptocurrency- Financial Aspect- Legal Regulation- Tax Aspect

Share Link | Plain Format | Corresponding Author (Conie Pania Putri)


90 Law on Business, Business Competition, and Prohibition of Monopoly ABS-159

Driving Digital Business Growth: Pursuing Harmonization Between Technological Advancements And Tax Regulations
Novriansyah,Nurfi Irwanda,Bambang

Master of Law, Kader Bangsa University, Palembang, South Sumatera, Indonesia


Abstract

The rapid advancement of technology has dramatically transformed the business landscape, particularly in the context of digital business involving various business models such as digital platforms, digital product sales, and online advertising. However, the existing tax regulations are not fully aligned with these digital business models, necessitating legal improvements and adjustments to enable the government to collect taxes fairly from this sector.
This research discusses the need for legal improvements in the financial and taxation regulations of digital businesses. Factors to be considered include electronic payments, cross-border transactions, digital taxes, and taxation for digital business actors. Appropriate and technology-responsive legal improvements will provide a solid foundation for the growth of digital businesses and bring benefits to the government in collecting taxes fairly while maintaining justice within the taxation system.
Through legal research and policy analysis, this study provides insights into the importance of legal improvements in the financial and taxation regulations of digital businesses. The implementation of appropriate regulations will create a healthy and innovative ecosystem in the digital era, promote sustainable growth of digital businesses, and enhance the trust of business actors and consumers in utilizing digital technology in their business activities.

Keywords: Finance, Taxation, Digital Business

Share Link | Plain Format | Corresponding Author (Novriansyah Novriansyah)


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