Showing papers in "Yuridika in 2009"

Pengaturan pengelolaan wilayah pesisir dan laut di indonesia

Abstract: Marine development basically must pay attention to the environment as a whole, includes coastal zones since marine environment becomes the important component of global life support system and valuable positive asset for sustainable development (Agenda 21 Chapter 17). In order to apply sustainable marine development, the integrated coastal management can be implemented by a holistic approach in the coastal zones management, as an effort to reduce potential conflict related to natural resources utilization in the coastal zones. Like many other countries, the legal framework for coastal zone management of Indonesia is determined by using integrated coastal management concept by focusing on area or zone authority system. The purpose of this framework is that to make it able to settle conflicts that related to the over-utilization or over-exploitation of coastal zone resources or conflict of authority, conflict of interest, conflict of development among sectors and incompatibility among regulations.

Penyelesaian sengketa kontrak berdasarkan azas proporsionalitas

Abstract: The objective of this article is to argue that the issue of equal and unequal position of the parties is irrelevant to commercial contract. The essence of commercial contract that ponders business relationship without interruption does not deal with the issue of mathematical equality; rather, it emphasizes on proportional exchange of interests of the parties irrespective of result obtained by the parties. There are four important issues that recommended in this paper. First, the principle of proportionality is applied in the entire phases of contract, i.e. in negotiation, formation, and enforcement phases. Second, the principle of proportionality is not perceived from mathematical equality perspective but it is viewed from fair exchange process and proportionate result, which is acceptable by both parties. Third, the principle of proportionality is a doctrine of “fair contract”, which improves the doctrine of freedom of contract that may lead to unfairness. It is recommended that jurists, currently, be not regard the doctrine of freedom of contract sacred; rather, they shall find other philosophical basis to develop “fair contract” procedurally as well as substantively. Fourth, the principle of proportionality is applied as best choice of dispute settlement.

Kerugian keuangan negara pada pengelolaan persero

Abstract: It has been a problem for many years that Government is involved in the management activities of the Persero. The recent problem is that the involvement of the Government bases on crime. Through very extensive powers the Government had interrupted the law principles concerning financial affairs of the Perseros under which asserted as State’s loss. It rises as consequences of unsynchronized meaning of “State’s Property” according to State Finances Act and “Separated State’s Property” according to Indonesian State Own Entreprise Act (Indonesian SOEs Act). Failures in managing the Persero’s property may be well presumed as State’s loss. This presumption is misconstrue and hazardous due to the ambiguity of the law. As one of the shareholders of the Perseros, the limitation of State’s loss is not more than the value of the shares held by the Government. Additionally, the enforcement of criminal liability such as corruption to the Directors of the Persero as managing Directors was erroneous. Therefore, the boundaries of the public law, administration law, criminal law, civil law, and corporation law turns out to be vague.

Kebijakan di tingkat nasional dan internasional sebagai upaya perlindungan hki yang terkait dengan pendayagunaan sumber daya genetika dan pengetahuan tradisional

Abstract: Protection of Genetic resources and traditional knowledge from inappropriate utilisation in the era of intellectual property have been subjects of concern of many nations during this last decade. To address these issues, several international and regional arrangements have been developed by some international organisations. This article examines the policy have been developed in the national and international levels in relation to the protection of intellectual property rights (IPR). In the context international, it focuses on the examination of the most relevant international conventions and arrangements, that are the WTO-TRIPs agreement and the Convention of Biological Diversity (CBD). Then it further discuses the notions of Disclosure of Origin, Prior Informed Consent (PIC) and a fair and equitable benefit sharing from the use of genetic resources. Lastly, this article suggests some thoughts on how to develop national policy in relation to the protection of IPR, genetic resources and traditional knowledge.