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Showing papers in "Yuridika in 2020"


Journal ArticleDOI
01 Sep 2020-Yuridika
TL;DR: In this article, a normative juridical method was used to examine harmonization of competition law, a research on the transplantability of EU's law into ASEAN was carried out.
Abstract: ASEAN has agreed to run a single market through the ASEAN Economic Community (AEC). The consequence of this free flow of goods and services is the emergence of new business competition, new relevant markets and potential contact amongst business actor of ASEAN member and it is possible to create unfair business competition. The implementation of the AEC also has consequences in the field of regulation, specifically the need for harmonization of regulations on competition law in ASEAN member to overcome the problems of cross-border transactions and the absence of competition law in several ASEAN member. This study uses a normative juridical method and aims to examine harmonization of competition law, a research on the transplantability of EU’s law into ASEAN. Results of this research shows that ASEAN can only adopt the European Union's supranationalism system only for cases of violations of cross border competition law, whereas for cases of violations of national competition laws, each country is given sovereignty to apply its own law. This is because the economic characteristics and legal characteristics of business competition vary between ASEAN member countries.

6 citations


Journal ArticleDOI
01 Sep 2020-Yuridika
TL;DR: In this paper, the authors proposed a framework to strengthen the national law related to the management of BUMDes, which can strengthen the village's economy and reduce the level of corruption in Indonesia that is detrimental for the village.
Abstract: Based on Law No. 6/2014 concerning Village in Indonesia, in order to increase the utilization of all economic potentials, economic institutions, as well as natural resources and human resources in an effort to improve welfare of the village communities, the village government can form village-owned enterprise (BUMDes). In its practice, implementation of the BUMDes management in several regions is not fully optimized, so that many cases of corruption were found. Thus, good governance practices are needed for optimizing the management of BUMDes to improve the livelihoods of the village. The methods used in this research is statute approach, conceptual approach, and case approach. The conclusions obtained in this research are directed to contribute to the concepts of strengthening the national law related to the management of BUMDes. Hopefully, it can strengthen the village's economy and reduce the level of corruption in Indonesia that is detrimental for the village.

4 citations


Journal ArticleDOI
01 Sep 2020-Yuridika
TL;DR: The theory of social contracts is composed of several instruments, including natural human rights, morals and mutual agreement (common will), which humans (individuals) surrender their rights to the ruler (state) as mentioned in this paper.
Abstract: Social contract theory is the theory that illustrates the origin of a state formation. The theory of social contracts is composed of several instruments, including natural human rights, morals and mutual agreement (common will). Humans (individuals) surrender their rights to the ruler (state). The rights that are handed over to the state include rights in the field of public law (public interest). One of the rights in the field of public law is the right to establish norms in criminal law ( ius poenale ) and the right to convict ( ius puniendi ). Through the existence of penal mediation in Indonesia, the state's right to convict offenders is reduced. It also means that the rights handed over by individuals to the authorities (state) in social contracts are reduced. Its theoretical implication is that the right of the state to impose criminal sanctions on offenders who are based on the surrender of individual rights to social contracts, begins to be purified again with the settlement between individuals through penal mediation on violations of public (criminal) law that take place.

3 citations


Journal ArticleDOI
01 Sep 2020-Yuridika
TL;DR: In this paper, the authors provided a solution in order to achieve legal certainty of Mortgaged object execution that being across national borders for a significant development of shipping business in Indonesia.
Abstract: The field of marine transportation plays a role that is not less important than land transportation in terms of economic development in Indonesia. As a result of globalization, business activity continues to increase, whether it is business in the field of marine transportation or outside the field, it is certainly undeniable that the activity requires a very large funds, which funds can be obtained by one way is to apply for credit/loans. Large amount of loans will only be given with the imposition of collateral as a further process. The imposition of collateral for large amount of loans may designate the ship as its collateral object by utilizing the Mortgage security agency. However, when the ship is being vetted on a voyage across national borders, the impact is when its debts mature, then the execution of such ship will be difficult, caused by the inadequate legal rules in Indonesia, and not all countries ratify the ship’s arrest convention. This study aims to provide a solution in order to achieve legal certainty of Mortgaged object execution that being across national borders for a significant development of shipping business. This research is normative research. The result obtained is the need of a clause in the Mortgage security document concerning the binding of sister ship with equal value, as the collateral object backup, when the execution of ship loaded with Mortgage security is unable to be done since it is located outside the state border.

2 citations


Journal ArticleDOI
01 Sep 2020-Yuridika
TL;DR: In this paper, the authors determined the importance of government intervention to provide oversight of the sale and purchase apartments with a pre-project selling marketing system and used a doctrinal legal research method that uses a statutory approach and a conceptual approach.
Abstract: This study aims to determine the importance of government intervention to provide oversight of the sale and purchase apartments with a pre-project selling marketing system. This study uses a doctrinal legal research method that uses a statutory approach and a conceptual approach. The legal materials used are primary legal materials and secondary legal materials which are analyzed deductively and prescriptively. The results of the study explained that even though there had been regulations regarding the sale and purchase of apartments with a pre-project selling system, it turned out that in practice there were still many consumers who suffered losses. This was allegedly due to the absence of sanctions made by the government to overcome the fraudulent developers and the lack of government role in overseeing the process of buying and selling apartments with a pre-project selling system. So that government intervention is needed in buying and selling apartments with a pre-project selling system to meet the occupancy needs of the Indonesian people and protect Indonesian consumers.

2 citations


Journal ArticleDOI
01 Sep 2020-Yuridika
TL;DR: In absentia examination is an effort to eradicate corruption in a serious or extraordinary manner because corruption is a serious crime and as a effort to recover the country's financial and economy loss as discussed by the authors.
Abstract: The legal vacuum associated with in absentia examinations can benefit corruptors. Unprofessional law enforcement officers can help the suspect by providing opportunities or facilities for the suspect to escape in order to suspend the investigation. In the event where the investigation is suspended for this reason, then there would be no legal certainty and fairness in the effort to recover the financial loss of the State. Article 38 of the PTPK Law only applies in the examination of cases without the presence of the defendant in the trial. In Absentia is a suspect or defendant whose whereabouts is not known, does not present for the examination of the case or whom cannot be forced to be present in the trial. The general philosophy of in absentia examination in corruption cases is that criminal acts of corruption are not justified, as they result in detrimental loss of the country's finances or economy. In the essence, in absentia examination is an effort to eradicate corruption in a serious or extraordinary manner because corruption is a serious crime and as an effort to recover the country's financial and economy loss.

2 citations


Journal ArticleDOI
01 Sep 2020-Yuridika
TL;DR: In this paper, the authors discuss the extent of legal arrangements related to the protection of debtors in the P2P Lending system using Artificial Intelligence (AI), where they use the statute approach method and conceptual approach, namely the legal approach through the concepts and opinions of legal experts.
Abstract: In the era of digital economic development, the community continues to innovate in terms of providing lending and borrowing services. One form of development of Financial Technology (fintech) is the distribution of funds through the Peer to Peer (P2P) Lending system. Where this system has more or less the same role as banks, namely as an organizer; from parties who have funds (investors) to those who need funds (debtors) whose methods are carried out online. The distribution of funds through the P2P Lending system has developed rapidly in Indonesia. In carrying out its business, the loan and loan service provider uses an electronic system that is a series of electronic devices and procedures that function to disseminate information in the field of financial services. The electronic system can also be referred to as Artificial Intelligence (AI). By using AI, loan and loan service providers can find out all the debtor's personal data, where in the end the debtor becomes disadvantaged because his personal rights are violated. On the other hand there are no legal provisions in Indonesia that can protect debtors in this regard. So that in this study later will discuss about the extent of legal arrangements related to the protection of debtors in the P2P Lending system using AI. This research uses the statute approach method; namely the approach through legislation and conceptual approach, namely the legal approach through the concepts and opinions of legal experts.

1 citations


Journal ArticleDOI
01 Sep 2020-Yuridika
TL;DR: In this article, the authors scrutinize how the existing Indonesian law concerning prohibition of child pornography protects the children and examine whether the law are in compliance with the Child Prostitution and Child Pornography ( OPSC).
Abstract: As many other countries in the world, Indonesia has serious problems with child pornography. The problems linked with the child pornography exist in Indonesia, involving both male and female children. In 2008, Law Number 44 / 2008 on Pornography was enacted . With regard to the widespread distribution and accessibility of child pornography through the Internet , Indonesia also has Law Number 11 / 2008 and its revision on Electronic Information and Transaction . At the international level, Indonesia has ratified the Convention on the Rights of the Child (CRC). Furthermore, i n 2012, Indonesia ratified the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children , Child Prostitution and Child Pornography ( OPSC ) . However, b ased on data from the Indonesian Child Protection Commission (Komisi Perlindungan Anak Indonesia/KPAI) from 2011 to 2016 there were 1709 cases of child pornography and cybercrime. The cases of child pornography are still increasing and seems impossible to stop. This paper will scrutinize how the existing Indonesian law concerning prohibition of child pornography protects the children. It will also examine whether the law are in compliance with the OPSC . This paper is a doctrinal research using statute, conceptual and comparative approaches. The existing Indonesian law will be compared with the OPSC. The study will show some of the compatibility issue s of Indonesian respective national law with the OPSC. On the basis of the findings , the last part of the study will provide recommendations on how Indonesia shall enhance the fight against child pornography.

1 citations


Journal ArticleDOI
01 Sep 2020-Yuridika
TL;DR: In this paper, the authors show that the groundwater tax collection system is a self-assessment system and the purpose of selfassessment is that taxpayers are given full trust to calculate, calculate, pay and self-report taxes owed.
Abstract: Groundwater tax is a tax on the extraction and/or utilization of ground water. Based on Act No. 28 of 2009 concerning Local Taxes and Levies, Groundwater Taxes, the authority to collect taxes is carried out by the Municipality Government. Tax collection cannot be levied, what is meant by not being able to be bought is that the entire process of tax collection activities cannot be submitted to third parties. This provision shows that the groundwater tax collection system is a self-assessment system. The purpose of self-assessment is that taxpayers are given full trust to calculate, calculate, pay and self-report taxes owed. With this implementation, the Regional Revenue Service officers who become tax authorities are only tasked with overseeing the implementation of tax obligations by taxpayers. Tax collection cannot be levied, the authority to collect groundwater tax is given to the Provincial Government as stipulated in Act No. 23 of 2014 concerning Regional Government.

1 citations


Journal ArticleDOI
01 Sep 2020-Yuridika
TL;DR: Indonesian basic laws such as Civil Code and Code of Civil Procedure are those legislated in the Dutch colonial era and effective in written in Dutch language as genuine text as mentioned in other parts of this paper as discussed by the authors.
Abstract: Indonesian basic laws such as Civil Code and Code of Civil Procedure are those legislated in the Dutch colonial era and effective in written in Dutch language as genuine text as mentioned in other parts of this paper. Therefore you need amendment of laws to reform civil litigation system including reconciliation and mediation. Indonesians understand this point and they pointed out the issue of amendments of colonial laws at policy level and the do list up Code of Civil Procedure in the National Legislation Program in the parliament with draft written already. One issue of negotiation with the Supreme Court as one of Indonesian governmental body in relation with this project is about who to be sent to training in Japan. Training in a foreign country is a very attractive kind of technical cooperation. If the Japanese side paid much attention toward selection of trainees, then the training would be treated as a mere reward before retirement by the counter part. Those who we cannot expect a good performance or those who cannot make impact upon their bureaucracy might by chance participate the training.

Journal ArticleDOI
01 Sep 2020-Yuridika
TL;DR: In this article, the authors proposed to apply Internet of Things (IoT) which is using RFID technology to solve the problem of crops supply chain and distribution in E-Agribusiness.
Abstract: One of the agricultural problems in Indonesia is the crops supply chain that hampers the ability of the farmers to achieve better income from their farming activities. Although the government has issued the Law of the Farmer No 19 the year 2013 to protect and empower the farmer, the problem is still prevalent. It leads to a question of how to implement the law to tackle the problem of the crops supply chain. The study explains that the government has issued an Economy Digital Policy to create electronic commerce in agribusiness (E-Agribusiness) for farmers and to solve their agribusiness problem. However, the use of electronic agribusiness is not yet ample to solve the problem of the crops supply chain. The solution is a suggestion to apply Internet of Things which is using RFID technology to solve the problem of crops supply chain and distribution in E- Agribusiness. The methodology of the study is the normative approach and literature review.