Showing papers in "Yuridika in 2019"

Traditional Cultural Expressions and Intellectual Property Rights in Indonesia

Abstract: Protection of traditional culture and knowledge has been a concern in Indonesia. Efforts that have been made to legally protect Indonesian traditional expressions and knowledge usually involve intellectual property (IP) laws. However, the protection provided by IP laws may be inadequate for Indonesian traditional communities that care more about the survival and maintenance of their culture and knowledge than the legal exclusivity of their works. This study uses a normative legal approach with the perspective of hermeneutic circle to look at various studies and legal documents to find reasons why IP laws may not be entirely suitable for the Indonesian context and how an IP-based law can be designed to suit the actual needs of Indonesian traditional expression holders. The results obtained affirm that Indonesian traditional cultural expressions cannot be contained by laws that exclusively limit the usage of those expressions and thus a ‘sui generis’ law is needed to give a more appropriate protection.

Corporate Responsibility Towards Employees Welfare

Abstract: Essentially, in carrying out its business activities every company is certainly cannot be separated from responsibility, as responsibility is one of the obligations of the business actor towards consumers, employees and the surrounding environment. Responsibility also means doing something as an embodiment of awareness of obligations. In this study will analyze the company’s responsibility for employee welfare and the efforts made by the Company to improve employee welfare at PT. Semeru Ratu Jaya Makassar. The results of the study are expected to contribute thought to business actors in spreading their business activities, because employee welfare is very urgent and fundamental for employees. This is in accordance with what is mandated in Pancasila as the source of all sources of law in Indonesia and this is reflected in the 1945 Constitution of the Republic of Indonesia, precisely in the opening of the 1945 Constitution in paragraph 4 (four) concerning the national goal of promoting general welfare.

Enhancing the Environmental Impact Assessment for the Foreign Direct Investment Regime in Vietnam: an Analysis from Integration Perspective

Abstract: Foreign direct investment (FDI) plays an important role in the economic growth of Vietnam, contributing to nearly 22 per cent of the GDP. To attract FDI the government has committed to promoting investment climate and ensuring FDI protection under various international arrangements. FDI inflows into the manufacturing and processing sectors have seen a strong increase after Vietnam’s successful accession to the WTO. However, FDI also contributes to various environmental problems and challenges in Vietnam. From 2008 to 2017, most serious environmental disputes related to manufacturing activities were caused by FDI enterprises. The sanctions against FDI enterprises, however, may jeopardise the state’s responsibilities under investment protection treaties. One of the few realistic approaches to strengthening the environmental management of FDI is to promote the participation of the public in the environmental risk assessment and amend the investment treaties to regulate the issue of environment management. This study will adopt an integrative approach by integrating the rules and principles of environmental management into the FDI regime of Vietnam.

Sharia Principles on Information Technology-Based Financing Services

Abstract: The Financial Services Authority only regulates information technology-based money lending and borrowing services that have not yet regulated sharia-based information technology financing services (fintech Syariah). This is evidenced by the provision of loan interest rates in the Financial Services Authority Regulation. This is contrary to sharia principles. The existence of Fintech Syariah is only based on DSN-MUI Fatwa Number 117/DSN-MUI/II/2018 which expressly states that information technology-based financing services are permitted with conditions that must be by sharia principles so that they cannot promise usury, gharar, maysir, tadlis, and dharar. Contracts that frame the legal relationship between the organizer, the financing provider and the recipient of financing, among others, the contract of wakalah bil ujrah, mudharabah, musyarakah, ijarah, and murabahah

Implementation of the Doctrine of the Business Judgment Rule on Bankruptcy Law in Indonesia

Abstract: One of the mechanisms that can be taken in resolving accounts payable to a limited liability company in bankruptcy. In the case of bankruptcy due to mistakes made personally by the Board of Directors and the Board of Commissioners, they must be responsible for debts held by limited liability companies. The company law regulates the way for the Board of Directors and Board of Commissioners to avoid liability for losses suffered by the company, through the doctrine of the Business Judgment Rule (BJR). In practice, the application of the BJR doctrine in bankruptcy law is characterized by differences in interpretation between law enforcers. Differences in interpretation occur because there is no clear provision in the Republic of Indonesia Law Number 37 of 2004 concerning Bankruptcy and Delay of Obligations to Pay Debt (Law No. 37/2004) which limits the filing of bankruptcy applications to the personal Directors and Board of Commissioners. The research in this article is carried out by reform-oriented research methods, to make changes to Law No. 37/2004 to clarify the application of the BJR doctrine in bankruptcy law in Indonesia. With the implementation of legal reform, it is expected that there will be no difference in interpretation regarding the application of the BJR doctrine to bankruptcy law at the Commercial Court in Indonesia.

Sustainability Challenges of Fast Fashion: Environmental and Social Impacts of Cotton Growing and the Ready-Made Garment Industry in Turkey

Abstract: Turkey is one of the main actors of the global ready-made garment manufacturing industry both as a crucial country for organic and conventional cotton cultivation and as an exporter of yarn, fabric, textile, and RMG. Being a developing country, Turkey benefits from agricultural and industrial activities as they create employment opportunities and boost the national economy and development. On the other hand, Turkey also struggles to cope with the costs of this economic growth, such as the adverse impacts on the environment and human rights. In fact, except for certain legal loopholes, Turkish labour law and relevant legislation on environmental protection are mostly harmonised with the EU standards. Therefore, the main problems, such as unregistered foremanship, unregistered employment, informal workshops, and undeclared subcontracting seem to stem from the loose enforcement of these laws due to the deficiencies in the legal system in general. Other reasons that prove to create challenges for an effective implementation and enforcement of laws include: firstly, social realities, such as an increase in population, as a result of the high birth rates, rural-urban migration, and refugee influx, which is followed by high unemployment rates; secondly, economic constraints, such as a competitive labour market, market economy, and expensive eco-friendly technology; and, finally, structural obstacles, such as the lack of advanced irrigation systems and drainage canals, all of which are examined in this study in relation to cotton cultivation and the RMG industry.

State-Owned Enterprises Finance from the Perspective of State Funds

Abstract: The existence of State-Owned enterprises (SOE) as one of Indonesia’s legal entities, whereby the State owns part of all of the capital of the company has presented several legal issues. The BUMN Act that has become the basis for establishing State-Owned enterprises has become its own independent legal subject and separates itself from the wealth of the State and has adhered to the provisions of the Company Law Act so that the capital that is presented by the State to the corporation remains as the capital of the SOE and not form the State. However, existing legislations regarding State funds places the funds for SOE as being part of the State budget. This ambiguity in the status of BUMN Funds is not only found in legislations but also in two different constitutional court decisions that presents inconsistencies towards law enforcers. This clear distinction is crucial in the practice of law enforcement in Indonesia.

Late Payment Penalty: Ta’widh And Gharamah Imposed To Debtor From The Shariah Perspective

Abstract: Islamic financial institutions had face problems and barriers such as the problem of delayed financing settlement (for any reason), where it is not possible to impose any interest due to the delay or the cessation of settlement which practiced in conventional banks due to riba’ prohibited (haram) in Shariah principles. This situation is more detrimental when some customers who purposely delay payment of their debts or purposely refuse to pay due to the absence of rules concerning penalty for late payment in Islamic banks. As a result, the Islamic banks had fail to achieve their targeted profits when the problem of debt payment occurs, the Islamic banks have to bear all the losses and finally face difficulties in achieving sustainability and lose out in their efforts to compete with the conventional banks which accept time-based interest for every default late payments of debts. This study aims to discuss the permissibility of late payment charges by way of ta’widh and gharamah from the Shariah perspective and to find the applicable law in Malaysia. Besides, the implementation of ta’widh and gharamah can be described as in the resolutions of the Shariah Advisory Council of Bank Negara Malaysia (SAC). Further, it will elaborate on how related this late payment charges with the concepts of Shariah , Maqasid of Shariah and Maslahah according to judgement of the fundamentals of the Islamic Jurispendence. Lastly, it will also discuss on how the imposition of ta’widh and gharamah is different from riba for deferred debts in Islamic financial institutions.

The Position of Justice Collaborator to Reveal Corruption in Financial Management of Regional Government

Abstract: Regional autonomy that Indonesia government has implemented gives an authority to the regional government to manage their governmental affairs, including those related to their local financial management. This authority, however, is not well organized. Recently, corruption is increasingly found in local financial management, and it involves many parties within. To overcome such issue, the law enforcers may consider justice collaborator to define who the real culprit is, and thus, it needs particular criteria that refer to corruptors in the financial management of regional government. Therefore, this paper aims to analyze the key actor of corruption in the financial management of the regional government to determine justice collaborator . Using statute, conceptual, and case approaches, it finds that to determine the justice collaborator, it should identify the culprit. The criteria of corruptor in the financial management of regional government involve having a high position and dominant (influential) roles in making the crime happen, and may stop or continue the crime.

Demarcation BUMN: Between Private Laws and Public Laws

Abstract: The article titled “BUMN between Private Law and Public Law” aims to find the best solution for crossing the position of BUMN that meets in it two different legal regimes namely private law and public law in Indonesia. Until now it has not been found yet, the most appropriate measure to differentiate BUMN/BUMD is subject to state finance or whether it is subject to the private financial system. Law Number 17 of 2003 concerning state finance has a strong public law nuance representing Hobbes's thinking, while Law Number 19 of 2003 concerning BUMN is stronger in the spirit of private law which represents Grotius' ideas, the problem that arises, namely how to resolve the law dogmatically fairly between the two laws that contain the opposite spirit. The article uses normative legal research methods with a conceptual approach, a statutes approach and a legal case approach. This research resulted in recommendations for the use of legal philosophy as a meta theory for legal theory to be the settlement of the meeting point to find an equilibrium that fulfills a sense of justice.

Towards a Hermeneutics of Pathetic Dots : Finding the Gap Between Law and Reality

Abstract: Jansen outlines the methodology of the brainstorm session concerning the findings of the various studies presented at the SMART conference in November 2017. The central questions at the conference focused on how the behaviour of producers of cotton, fabric, and ready-made garments, can be changed in favour of environmental and social sustainability. Jansen provides an interpretation of the Pathetic Dot Theory , designed by Lessig, who assigns an important role to law. In this contribution Jansen presents an approach that can be used to find out in which ways legal means can be applied to achieve an ideal relationship between men and nature

The Principles Of Contract In Donation Based Crowdfunding

Abstract: The creative economy is a new era of the global economy. It needs support from the government and the society in terms of intellectual property rights protection and funding, especially for creative business or creator which comes from small and medium business (SMB) sector. One of the ways other than formal funding from the bank is through the crowdfunding new system. Crowdfunding has four systems that are based on donation, reward, lending, and equity. Donation-based crowdfunding is the most common type applied and different from other crowdfunding types. This field has not been regulated in specific legislation so it needs to be analyzed in relation to BW and related existing regulation. This research is leading to answers some main topics. First, to analyze the legal relationship between the parties. Second, to determine what type of agreement that underlies the legal act. Third, reviewing the principles of contract law that must be applied to. In the article, it uses the type of research used in this research method is normative research so that it produces a legal review of the donation-based crowdfunding system issues more deeply.

Analysis on Non Muslim Heir Position Towards the Inheritance of Muslim Testator in Indonesia

Abstract: Article 171 section c the Compilation of Islamic Law which was ratified through the Presidential Instruction of the Republic of Indonesia Number 1 of 1991 stressed that one of the conditions for heirs in Islamic inheritance law is Mulsim. In its development, the requirement of the Islamic religious obligation is deemed not to provide justice, this can be seen from the many complaints filed by the community to the court. Based on this background, the formulation of the problem in this study is Firstly position of Non-Muslim Inheritance of Islamic Inheritance Inheritance according to positive law in Indonesia Secondly, to find out the position of Non-Muslim Inheritance Against Islamic Inheritance Inheritance from various court decisions in Indonesia. This research is a juridical research, with a statutory, conceptual, and case approach. The results of this study indicate, that First, according to positive law in Indonesia, Non-Muslim Heirs are not entitled to Islamic Inheritance. Secondly, in its development, to fulfill the sense of justice in the community, the judge in Indonesia, decided that the Non-Muslim heirs, although not entitled to become heirs, were still entitled to the inheritance of the Islamic heirs through the obligatory wills. This can be seen from the various court decisions that exist, such as Supreme Court Decision Number 368 K/AG/1995, Supreme Court Decision Number 51 K/AG/1999, Supreme Court Decision Number 16 K/AG/2010, and Supreme Court Decision No. 331 K/Ag/2018

The Applicability of Article 4 of Anti-Corruption Law and The Theory of Tort

Abstract: Article 4 of the Indonesian Corruption Law stipulates that the return of state financial losses does not eliminate the criminalization of the perpetrators of criminal acts as referred to in Article 2 and Article 3. What about the suspects or defendants who return the results of corruption related to the theory illegitimacy? There are two theories about the illegitimacy which are; the theory of illegitimacy against the formal law and the theory of illegitimacy against the material law. The theory of illegitimacy against the formal law, providing an understanding that an action, act, or activity is said to be against the law when against the rules set in the law. While through the Decision of the Supreme Court, Indonesia adheres to this theory. According to this theory, an action, act, or activity is said to be against the law when it is against the rules established in the law and according to the conditions is a disgraceful act or illegal. The decision of the Supreme Court provides the criteria for the loss of unlawful nature because of the factors of the state not being harmed, the society served and the defendant not making a profit. With the enactment of this theory, the existence of Article 4 of the Indonesian Corruption Law, becomes invalid with the condition that the results of corruption and its benefits have been returned by the perpetrators of corruption.

Business and Human Rights Concerns in the Indonesian Textile Industry

Abstract: Indonesia is the tenth largest textile exporter in the world. The textile industry has long been the major industry to absorb labour force in the country. The textile industry substantially contributes to the national economic growth by employing 3.58 million workers, or 21.2 per cent of the total labour force in the manufacturing industry. The textile business has been growing over the previous decade. Based on the Bank of Indonesia report, this industry significantly contributes to the Gross Domestic Product (GDP) of Indonesia. The contribution increased from Rp96.3trillion (US$7billion) in 2010 to Rp139.4trillion (US$10.2billion) in 2015. However, the textile industry in Indonesia does not only positively contribute to the country’s economic growth, it also creates negative impacts, such as environmental issues. As will be explained further, these environmental impacts include environmental damage caused to the Citarum River and Sukoharjo. The textile industry’s contribution to pollution is also high at a global level. Among the G20 countries, Indonesia is ranked 2nd for the highest levels of water pollution caused by the textile industry with 29.25 per cent, slightly below Turkey (32.21 per cent). Even though most of the international brands, such as GAP, H&M and Inditex, have already adopted human rights standards and policies, there are still many cases that show the failure of these companies to uphold human rights. For this reason, the implementation of international standards is needed to achieve a more sustainable textile industry. This article discusses business and human rights concerns in relation to the Indonesian textile industry. It addresses several environmental issues caused by the textile industry, discusses human rights standards and policies in the textile industry, and finally shows possible ways of implementing such international standards (i.e. Eco Label and the Bangladesh Accord) in Indonesia.

Understanding The Plurality Of Consumer Dispute Resolution In Indonesia: A Comparative Study With Singapore

Abstract: Globalization has impacted many aspects of human life. It accelerates trade transactions between producers and consumers. Despite of numerous advantageous it brings, globalization also has a potential to cause various disadvantageous and loss to the consumers that ultimately lead to consumer disputes. In general, consumer disputes involve small amount of loss and complaint filed by the consumers for material compensation. In Indonesia, consumer dispute resolution is carried out not only by the Consumer Dispute Settlement Body (BPSK) but also through the courts. Recently, there are many newly-established consumer dispute settlement institutions. This article is part of a completed study discussing a plurality of consumer dispute settlement in Indonesia and a comparative analysis with the one available in Singapore. The study applies normative juridical research method and qualitative juridical analysis, it can be concluded that the plurality of consumer dispute settlement in Indonesia has led to convoluted mechanisms and procedures in settling disputes. This leads to a lack of legal certainty. The comparative law study being the instrument of this study is a critical instrument in the framework of legal reformation. Result shows that in Singapore, consumer disputes are resolved by a Small Claims Procedure method on State Court and through CASE as a private nonlitigation agency with specific consumer characteristics and disputes.

Labour Laws in the Garment Sector of Bangladesh: a Workers’ View

Abstract: The labour laws of Bangladesh ensure the rights of the labourers. The objective of this study is to explore the labour law practices in the ready-made garment sector of Bangladesh. The survey is used to collect data, percentile and descriptive statistics are used to interpret the results. Most of the cases’ employment conditions-maternity benefit, working hours, paid leave, sufficient wage- are at a satisfactory level but improvements are sometimes needed concerning trade unions, profit participation and health issues. The garment sector should implement the labour laws for the welfare of the labourers and the situation needs monitoring by the government. The purpose of the study ‘Labour Laws in the Garment Sector of Bangladesh: A Workers’ View’ by Mohammad Shahidul Islam and Abdur Rakib (Bangladesh) is to investigate labour law practices in the garment sector in Bangladesh. With a questionnaire, survey data was collected from companies and workers. The researchers concluded that in many cases the employment law situation was in order (i.e. employment conditions, maternity allowance, working hours and leave), but that in some cases improvement is needed (i.e. trade unions, profit participation, and the health of employees).

The Replacement of Criminal Fine in Criminal Taxation

Abstract: The absence of provisions regulating the substitution of criminal fines in the KUP Law, raises legal uncertainty for law enforcement officials, especially prosecutors in executing court decisions. Considering the recovery of state financial losses that can be resolved by the consistency of court decisions, so the provisions in the KUP Law must meet the legal principles in criminal fines in criminal taxation acts. By not clearly stipulated the substitution of criminal fines in the KUP Law raises legal uncertainty. While substituting criminal fines in the KUP Law is only in the form of imprisonment. In practice, there are several forms of court rulings, there are substituting criminal fines with imprisonment, substituting criminal fines with confiscation of assets then auctioned to pay underpayment taxes, substituting criminal fines with confiscation of assets then auctioned to pay underpayment taxes if the convicted person does not have property that is adequate then replaced with imprisonment. The formulation of the legal issues in this study are: (1) the philosophy of substituting criminal fines in criminal acts in the taxation field, (2) Characteristics of substitution of criminal fines in criminal acts in the taxation field. The results of this study are expected to have a conceptual and legal reforms related to substituting criminal fines in criminal acts in the taxation field, so as to ensure legal certainty, justice and benefit, then the replacement of criminal substitute fines in criminal acts in the taxation field must be included in court decisions and followed up with execution of court decision by the Prosecutor as the executor.

Protection of Geographical Indications as a Form of Consumer Rights Protection

Abstract: The potential of natural resources in a region that is well managed and provides economic benefits to the local communities deserves protection for geographical indications. It is part of intellectual property rights as it relates to the protection of the identities of producer regions that are affected by both human and natural factors. The provision of protection for geographical indications, that adopts a constitutive registration system, put emphasis on the potentials of the certain region because the distinctiveness of a product from the region cannot be found in the others. The protection of geographical indications granted for an unlimited period of time protects not only the producer regions but also the reputation, quality, as well as characteristics of their products. To provide protection of geographical indications means also to protect the consumer rights; consumers that purchase or use certain products are supplied with correct information on the production sites, quality and being protected from the potentially harmful effect of the products.

The Difference in Meaning for the Dismissal of Charges, Postponement of Charges and Waiver of Dispute

Abstract: The development of the authorities which have the right stop a certain prosecution and case overriding in Indonesia has led to multiple interpretations, especially relating to the policy of the public prosecutor to postpone prosecution on grounds of public interest. Postponement of a prosecution or investigation should not be known in Indonesian criminal procedure law, but this practice is applied several times when it is related to one of the personnel of the KPK. In fact, the Attorney General once issued a decision to set aside the case of Bibit and Chandra after the pretrial ruling stated that the prosecution of the two men was invalid. Some of these problems have led to the blurring of the concept of stopping and delaying the prosecution and overriding of the case. The termination of the prosecution aims to stop the prosecution process while the delay in the prosecution does not stop the prosecution process but rather to delay it for a certain period of time or until the cessation of the commotion in the community and the case overriding aim to provide legal immunity against perpetrators of criminal offenses which should be based on sufficient evidence to be submitted to the court hearing but not submitted on grounds of public interest.

Application of Al-Ijarah Al-Maushufah Fi Al-Dzimmah for Infrastructure Project Financing in Indonesia

Abstract: Islamic bank has a huge potential to involve in large project financing such as infrastructure. The demand for infrastructure provision in Indonesia is growing rapidly, so the Islamic bank should become one of the financial institutions for a financing infrastructure project. One of the products of Islamic bank is lease based contract or ijarah . In 2016, the Indonesian Islamic Scholars Council (MUI) enacted Fatwa that allowed ijarah contract for a forward obligation or called al-ijarah al-maushufah fi al-dzimmah (IMFD). IMFD has some characteristics that equitable for infrastructure project needs, such as for long term financing. The main issues in this research are to drawn a model for infrastructure project financing by applying IMFD and observe the readiness of Indonesian regulation to support the implementation of IMFD on infrastructure project financing. The type of research is the normative study, and the approach of this research having four methods approach among others are statute approach, conceptual approach, cases approach, and comparative approach. The results of this research are model for infrastructure project financing by applying IMFD is by combining musharakah-istishna’-ijarah (IMFD) and regulation in Indonesia is not ready enough to support the implementation of IMFD on infrastructure project financing because combination of three contracts like musharakah-istishna’ -IMFD, implementation of liquidated damages in istishna’ contract, and allowance IMFD in infrastructure project are not regulated in Indonesia.

Non-Profit Nature of Associations (Vereniging)

Abstract: Association ( vereniging ) is regulated briefly by Indonesia civil code and Stb. 1870 No. 64. There are no restriction on the purpose of establishing an association, other than by law, public order and morality. The purpose of association, which is not to seek profit, or often referred to as a nonprofit goal, is obtained from doctrine. However, there is no common understanding among law experts and practitioners regarding the notion of non profit goal and its implications. On the other hand, the role of associations in society is increasing significantly. The purpose of an association determines the scope of its activity and its governance. Therefore, this research aims to find the purpose and activities of association. This research is a doctrinal research using statue, conceptual, historical, and comparative approach. The result of this research is the term of ‘not to seek profit’ or ‘non-profit’ goal of association should be understood as the purpose other than obtaining profit for - and therefore distributing it to-its members. Associations can engage in profit-making activities as long as it complies with certain restrictions.

Dutch White Trash: A Phoenix Without Ashes. What Happened to the Emperor’s Old Clothes?

Abstract: In the Dutch capitalistic consumer society, things are not made to stand the test of time, but to be replaced by other things within the foreseeable future. They are made to be thrown away, and quite often as quickly as possible, because it is this characteristic that guarantees a new purchase. In this contribution the authors will focus on a white T-shirt. The main questions are: What is the current practice in the Netherlands regarding the disposal, separation, reusing, and recycling of this Dutch white trash and how does the legal framework regulate the matter of RMG waste?.

Legal Protection for Justice Collaborators in Indonesia’s Criminal Judiciary System

Abstract: One way to assist law enforces to prevent and combat crime is to involve justice collaborators. Justice collaborators are crucial in assisting law enforcers to expose perpetrators of organized crime as well as transnational crimes. The lack of a legal regime that provides rights to a justice collaborator will impact the interest of a person to become a justice collaborator. Legal protection for justice collaborators must also include protection to his/her family both physically and psychologically. One method of appreciation that can be given to justice collaborators is through the special treatment of criminal offences. One form of special treatment in regards to criminal cases involving justice collaborators within the criminal judiciary may utilize the plea bargaining approach as a method of legal protection towards justice collaborators. To make more efficient the process of determining criminal sanctions to justice collaborators will contribute to the legal certainties owed to justice collaborates as a rightful reward of their contribution in extraordinary crimes. The criminal judicial system that utilized the plea bargaining approach for justice collaborators has the advantage of the absence of criminal examinations.

Liablity of The Parties of Condotel Management Contract

Abstract: The increase of economic growth in Indonesia can not ignore the increasing growth of business in property by the Indonesia people. Investors does not only focus on doing business on land and landed house, but also the emergence of apartment and condominium answers the necessity towards the scarcity of land. Various form of property investment is offered, one of which is investment in the form of condotel. Condotel or condominium hotel is a new form of business in Indonesia without any specific regulation which regulates it. First, the definition of condotel is a form of high-rise building which can be owned separately and consist of joint land, joint property, and joint parts which is functioned as a hotel. These function as a hotel that needs condotel management contract to alter a regular apartment into a condotel. Condotel management contract is an innominate contract therefore it needed a further study to analyze its clauses, such as management obligation, profit sharing, duration, and discharge of contract. The characteristics of condotel management contract includes irrevocable power of attorney and obligation of building care and maintenance as well as legal relationship between the owner of condotel unit and the third parties. Understanding the characteristics of condotel management contract will determine the person liable for damages caused. This research uses normative method of research and uses statute as well as conceptual approach.

International Sustainability Self-Regulatory CSR Certification Standards and the Challenges of Embedding Them in the RMG Production Processes in Bangladesh

Abstract: Since the Rana Plaza tragedy in 2013, the Ready-Made Garment (RMG) industry, the most vital role-playing sector in the Bangladeshi economy, has faced many challenges, including labour unrest, image crisis, and pressure from local and international stakeholders to ensure worker safety. The tragic incident in 2013 prompted many initiatives for rehabilitation, the amendment of labour laws, the agreement on treaties for factory inspection, etc. As a consequence, national and international compliance bodies were set up to ensure a safe working environment in the RMG production sector in Bangladesh, such as The Accord, The Alliance, WRAP, BSCI, FLA, ETI, SAI, Sedex, etc. Furthermore, most advanced factories adopted their sustainability self-regulatory sets of norms to ensure a better working environment. Although these local and international compliance initiatives triggered notable changes in the sector, to the working environment and the worker safety, in particular, a major challenge arose for the producing factories to simultaneously comply with all the codes of conducts of the different compliance bodies. This study will present an overview of the most common practices required by the different codes of conducts in the Bangladeshi RMG sector and demonstrate how the different standardization organizations challenge the overall compliance in the RMG production processes in Bangladesh. An analysis of these challenges will also be given, finally leading to a list of eight key points that need to be solved by the producers to deal with the current problems in the industry.

The Influence of International Tax Policy on the Indonesian Tax Law

Abstract: By 2012, the Indonesia government had validated Law Number 9 of 2017. One of the content is finance information government access to the customer bank and to the taxpayer. The government has considerations. First of all, Government will be open the access limitation of banking automatically that is necessary for taxation. The second, Indonesia has committed to international agreements of taxation which is obliged to fulfill the commitment. The commitment is to participate in implementing Automatic Exchange of Account Information (AEOI). Based on the policy, several managements and flow process around the banking area changed. Moreover as the customer bank are affected. The registration for the customer bank have been starting since 2018. By the earlier 2019, the progress of the administration needed to be checked and to be evaluated. This paper tries to discuss this issue based on the academic point of view. Data were obtained through library research. The library research was done by documentary study by collecting and analyzing selected laws and regulations, books, articles, journals and other documents which were relevant to the research. All datas were analyzed qualitavely. The implication of this research brings up a new idea about the theory of bank secrets. Initially, it is consisted of two theories, namely are absolute and relative. Despite of the two, there is a big affect in theory and academic knowledge about the validation of the agreement Indonesia government.

The Legislative Framework for Working Conditions in the Dutch Ready-Made Garment Sector

Abstract: This article sets out the legislative framework with regard to labour law provisions concerning working conditions that apply to Dutch employers and employees operating and working in the ready-made garment (RMG) sector in the Netherlands and discusses the challenges that employees may face in the sector. More specifically, this article will focus on the challenges and law applicable to the retail phase and recycling phase in the supply chain of a pair of jeans and a white T-shirt. In this respect, an overview of the labour law provisions will be presented that protect a safe working environment for employees working in the sector. Dutch law contains many provisions concerning the protection of employees against poor working conditions. Among others, employers are obliged to maintain a safe working environment and reasonable working hours for their employees. Dutch labour legislation only applies to employees working in the Netherlands and therefore is of little relevance to the manufacturing phase of the RMG supply chain, which takes place abroad. However, several public and private initiatives were taken to stimulate Dutch clothing brands to exert an influence on the working conditions in the RMG producing countries. Two of these initiatives will be discussed in this article. Furthermore, this article will present which social challenges employees may face in the Dutch RMG sector, which comprise gender inequality, including equal pay and equal opportunities to occupy top management positions and co-determination rights.

Cotton Plantations in India: The Environmental and Social Challenges

Abstract: Cotton, one of the principal cash crops of India, contributes significantly to the country’s economy and foreign exchange earnings. Approximately 60 million people depend on cotton production and related industries for their livelihoods. Although India has the largest cotton plantation area, in terms of yield, it is far behind. Even though cotton occupies only five percent of India’s total cultivable land, approximately 50 percent of pesticides used in India are consumed by the cotton cultivation, causing environmental pollution and health hazard. The use of nitrogen-based fertilizers further increases the problem. Many social issues such as child labor, women labor, extremely small landholdings and unviable livelihoods are associated with cotton plantations. Recently, due to the norms set up by the textile importing countries, these issues have assumed great importance. This article, after giving a brief introduction to the cotton plantation sector in India, will deal with the environmental and social challenges of the cotton plantations.

The Importance of Regulating Plastic Marine Pollution for the Protection of Indonesian Marine Environment

Abstract: The ocean and its marine resources play an important role in providing sources of livelihood to the Indonesian people. Indonesia is currently dealing with a major plastic waste problem, and this, in turn, also impacts the marine environment since the plastic waste ends up in the ocean. The issue of marine pollution is regulated under international conventions such as the MARPOL and UNCLOS, though none is specifically addressing marine plastic waste. Moreover, Indonesia has enacted several regulations to manage marine plastic waste, including Presidential Regulation Number 83 of 2018 on Marine Waste Management, and Indonesian citizens have taken an active role in reducing plastic waste. However, stricter and more specific regulations are needed as guidelines for the long-term strategy in handling marine plastic pollution in Indonesia, and proper analysis on the impact of such regulation towards the stakeholders and affected parties would be needed.