Pub Date : 2024-06-01DOI: 10.22219/aclj.v5i2.33832
Putri Shafarina Thahir, Tongat Tongat
This article discusses a review of the law related to medical crimes in the context of patient protection and professional responsibility in medical practice in Indonesia. Employing a normative juridical research method, this study combines conceptual analysis with statutory regulation, and there are two main topics studied, namely: (1) What patient rights are protected by law in medical practice in Indonesia and (2) The role of the code of ethics in determining professional responsibilities for practitioners and its relationship to medical criminal law. The first discussion elaborates on patients' fundamental rights protected by various laws and regulations in Indonesia, including the right to information, freedom to consent or refuse medical treatment, confidentiality of information, security and safety, comfort, and compensation. The most important and fundamental legal rules in the health legal system in Indonesia are Law Number 29 of 2004 concerning Medical Practice, Law Number 36 of 2009 concerning Health, Law Number 44 of 2009 concerning Hospitals, Law Number 17 of 2023 concerning Health, and Criminal Code / Kitab Undang-Undang Hukum Pidana (KUHP). The following section explains the crucial role of medical ethics codes in determining the professional responsibilities of medical practitioners, highlighting their intersection with criminal law. For instance, the principle of non-maleficence (not harm) can be linked to criminal negligence if a healthcare professional's actions cause significant patient injury. Similarly, the principle of respect for patient autonomy aligns with the legal requirement for informed consent. By exploring these connections with real-life examples, the article aims to comprehensively understand how law and ethics work together to protect patient rights in Indonesia. The relationship between the code of ethics and medical criminal law is discussed, emphasizing the consequences of ethical violations that can result in criminal sanctions. By analyzing these aspects, this article examines how medical criminal law can achieve justice for patients harmed by rights violations and ensure that the professional responsibilities of medical personnel are fulfilled. Hopefully, this study will improve the quality of health services and more transparent and accountable medical practices in Indonesia.
本文以印度尼西亚医疗实践中的患者保护和职业责任为背景，讨论了与医疗犯罪相关的法律回顾。本研究采用规范法学研究方法，将概念分析与法律规定相结合，主要研究两个主题，即：（1）在印尼医疗实践中，哪些患者权利受到法律保护；（2）道德规范在确定从业人员职业责任方面的作用及其与医疗刑法的关系。第一部分阐述了印度尼西亚各种法律法规所保护的患者基本权利，包括知情权、同意或拒绝接受治疗的自由、信息保密、安全保障、舒适和赔偿。印尼卫生法律体系中最重要和最基本的法律规则包括：2004 年第 29 号《医疗实践法》、2009 年第 36 号《卫生法》、2009 年第 44 号《医院法》、2023 年第 17 号《卫生法》以及《刑法典》/Kitab Undang-Undang Hukum Pidana (KUHP)。下一节将解释医德规范在确定执业医师职业责任方面的重要作用，并强调其与刑法的交叉点。例如，如果医护人员的行为对患者造成了重大伤害，那么非恶意原则（不伤害）就可能与刑事过失相关联。同样，尊重患者自主权的原则也与知情同意的法律要求相一致。通过用现实生活中的例子探讨这些联系，文章旨在全面了解法律和道德规范如何共同保护印度尼西亚患者的权利。文章讨论了伦理准则与医疗刑法之间的关系，强调了违反伦理可能导致刑事制裁的后果。通过分析这些方面，本文探讨了医疗刑法如何为因权利受到侵犯而受到伤害的患者伸张正义，并确保医务人员履行职业责任。希望本研究能提高印尼的医疗服务质量，使医疗行为更加透明和负责。
{"title":"Legal Review of Medical Crime: Patient Protection and Professional Responsibility in Medical Practice","authors":"Putri Shafarina Thahir, Tongat Tongat","doi":"10.22219/aclj.v5i2.33832","DOIUrl":"https://doi.org/10.22219/aclj.v5i2.33832","url":null,"abstract":"This article discusses a review of the law related to medical crimes in the context of patient protection and professional responsibility in medical practice in Indonesia. Employing a normative juridical research method, this study combines conceptual analysis with statutory regulation, and there are two main topics studied, namely: (1) What patient rights are protected by law in medical practice in Indonesia and (2) The role of the code of ethics in determining professional responsibilities for practitioners and its relationship to medical criminal law. The first discussion elaborates on patients' fundamental rights protected by various laws and regulations in Indonesia, including the right to information, freedom to consent or refuse medical treatment, confidentiality of information, security and safety, comfort, and compensation. The most important and fundamental legal rules in the health legal system in Indonesia are Law Number 29 of 2004 concerning Medical Practice, Law Number 36 of 2009 concerning Health, Law Number 44 of 2009 concerning Hospitals, Law Number 17 of 2023 concerning Health, and Criminal Code / Kitab Undang-Undang Hukum Pidana (KUHP). The following section explains the crucial role of medical ethics codes in determining the professional responsibilities of medical practitioners, highlighting their intersection with criminal law. For instance, the principle of non-maleficence (not harm) can be linked to criminal negligence if a healthcare professional's actions cause significant patient injury. Similarly, the principle of respect for patient autonomy aligns with the legal requirement for informed consent. By exploring these connections with real-life examples, the article aims to comprehensively understand how law and ethics work together to protect patient rights in Indonesia. The relationship between the code of ethics and medical criminal law is discussed, emphasizing the consequences of ethical violations that can result in criminal sanctions. By analyzing these aspects, this article examines how medical criminal law can achieve justice for patients harmed by rights violations and ensure that the professional responsibilities of medical personnel are fulfilled. Hopefully, this study will improve the quality of health services and more transparent and accountable medical practices in Indonesia.","PeriodicalId":250069,"journal":{"name":"Audito Comparative Law Journal (ACLJ)","volume":"9 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141411646","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-03-08DOI: 10.22219/aclj.v5i1.29950
Samsul Arifin Ari, A. Hariri, Satria Unggul Wicaksana Prakasa, Asis Asis, Lukman Hakim
Understanding efforts made by the government to counter radicals are limited to three (3) major patterns: national preparedness, deradicalization, and counter-radicalization. However, these efforts have yet to be effective enough. The facts show that more than efforts to fight the spread of radicalism are needed with law enforcement. On the one hand, we can see in some areas, especially those in Pamekasan district, that local wisdom also significantly influences efforts to counteract radicalism. The unwritten rules of living in society have indirectly fortified themselves from radical ideas. On this basis, the problems that will be raised in this study are related to the local wisdom of the Pamekasan Madura community, which is considered capable of resisting the entry of radical ideas; the purpose of this study is to find out that the norms that live in the community have succeeded in counteracting.
{"title":"Mitigating The Spread of Radical Ideas Through Counter-Radicalization Based on Local Wisdom","authors":"Samsul Arifin Ari, A. Hariri, Satria Unggul Wicaksana Prakasa, Asis Asis, Lukman Hakim","doi":"10.22219/aclj.v5i1.29950","DOIUrl":"https://doi.org/10.22219/aclj.v5i1.29950","url":null,"abstract":"Understanding efforts made by the government to counter radicals are limited to three (3) major patterns: national preparedness, deradicalization, and counter-radicalization. However, these efforts have yet to be effective enough. The facts show that more than efforts to fight the spread of radicalism are needed with law enforcement. On the one hand, we can see in some areas, especially those in Pamekasan district, that local wisdom also significantly influences efforts to counteract radicalism. The unwritten rules of living in society have indirectly fortified themselves from radical ideas. On this basis, the problems that will be raised in this study are related to the local wisdom of the Pamekasan Madura community, which is considered capable of resisting the entry of radical ideas; the purpose of this study is to find out that the norms that live in the community have succeeded in counteracting.","PeriodicalId":250069,"journal":{"name":"Audito Comparative Law Journal (ACLJ)","volume":"18 10","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140258096","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-02-12DOI: 10.22219/aclj.v5i1.29780
Rahayu Hartini, Muhammad Arief, Adi Permana
This research is motivated by the government's seriousness in realizing improvements in the community's economy, namely by creating a business competition compliance program to overcome or prevent unfair business competition practices among business people. The effectiveness and efficiency of the implementation of the program, it is still not fully realized, because there are still many companies that have not participated in the business competition compliance program. The legal issues in this research are: 1). Reviewing the supervisory role of KPPU on the effectiveness of the business competition compliance program in efforts to prevent unfair business competition. 2. Analyze the strategies for dealing with unfair business competition and implementing business competition compliance programs in society. This research is normative juridical. By using a statutory and conceptual approach. In this study, two sources of primary and secondary legal materials were used.. This institution has a very broad authority, namely being a supervisory institution, it also has authority in the judicial and legislative fields. One of the legislative powers issued is KPPU Regulation Number 1 of 2022 concerning the Business Competition Compliance Program. This program is expected to be a form of effort to prevent unfair business competition. In practice this program is still not effective. Therefore, it is necessary to revise Law Number 5 of 1999 so that it will provide a clear position for KPPU in carrying out its duties and be able to implement business competition compliance programs to the fullest. Second, regarding the strategy developed to create fair business competition, it can provide understanding for business actors to comply with and also build awareness independently to help implement the program and to be able to identify, assess and manage risks that will occur with the provision of mentoring.
{"title":"Implementation of Business Competition Compliance Program to Prevent Unfair Business Competition Practices Against Business Enterprises","authors":"Rahayu Hartini, Muhammad Arief, Adi Permana","doi":"10.22219/aclj.v5i1.29780","DOIUrl":"https://doi.org/10.22219/aclj.v5i1.29780","url":null,"abstract":"This research is motivated by the government's seriousness in realizing improvements in the community's economy, namely by creating a business competition compliance program to overcome or prevent unfair business competition practices among business people. The effectiveness and efficiency of the implementation of the program, it is still not fully realized, because there are still many companies that have not participated in the business competition compliance program. The legal issues in this research are: 1). Reviewing the supervisory role of KPPU on the effectiveness of the business competition compliance program in efforts to prevent unfair business competition. 2. Analyze the strategies for dealing with unfair business competition and implementing business competition compliance programs in society. This research is normative juridical. By using a statutory and conceptual approach. In this study, two sources of primary and secondary legal materials were used.. This institution has a very broad authority, namely being a supervisory institution, it also has authority in the judicial and legislative fields. One of the legislative powers issued is KPPU Regulation Number 1 of 2022 concerning the Business Competition Compliance Program. This program is expected to be a form of effort to prevent unfair business competition. In practice this program is still not effective. Therefore, it is necessary to revise Law Number 5 of 1999 so that it will provide a clear position for KPPU in carrying out its duties and be able to implement business competition compliance programs to the fullest. Second, regarding the strategy developed to create fair business competition, it can provide understanding for business actors to comply with and also build awareness independently to help implement the program and to be able to identify, assess and manage risks that will occur with the provision of mentoring.","PeriodicalId":250069,"journal":{"name":"Audito Comparative Law Journal (ACLJ)","volume":"22 12","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140458615","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-02-02DOI: 10.22219/aclj.v5i1.31710
Dinda Keumala, Ahmad Sabirin, Izzah Balqies, Ahmad Gozzy Pahlevi
This paper aims to examine whether technology-based companies issue multiple voting shares when conducting an initial public offering on the stock exchange is needed in Indonesia to be an urgency in Indonesia. The application of multi-voting shares must follow the stipulated provisions, starting from the share lock-up period to the validity period of the multi-voting shares. This article used normative legal research methods. The research findings show that shares with multiple voting rights give a lot of votes to old shareholders with a determination before the initial public offering and determined in the articles of association of the company. New shareholders, despite owning the majority of shares, only have 1 (one) vote per share or as in Law Number 40 of 2007 concerning Limited Liability Companies known as “one share one vote”. This optional policy implies that the shareholders, although the majority, do not control the company. This means that ordinary shareholders, although the majority, can only enjoy profits through capital gains and dividend distribution. However, if the issuer suffers a loss, the ordinary shareholders, who are the majority shareholders, will suffer the biggest loss.
{"title":"Quo Vadis Technology-Based Companies to Issue MVS When Conducting an IPO on the IDX","authors":"Dinda Keumala, Ahmad Sabirin, Izzah Balqies, Ahmad Gozzy Pahlevi","doi":"10.22219/aclj.v5i1.31710","DOIUrl":"https://doi.org/10.22219/aclj.v5i1.31710","url":null,"abstract":"This paper aims to examine whether technology-based companies issue multiple voting shares when conducting an initial public offering on the stock exchange is needed in Indonesia to be an urgency in Indonesia. The application of multi-voting shares must follow the stipulated provisions, starting from the share lock-up period to the validity period of the multi-voting shares. This article used normative legal research methods. The research findings show that shares with multiple voting rights give a lot of votes to old shareholders with a determination before the initial public offering and determined in the articles of association of the company. New shareholders, despite owning the majority of shares, only have 1 (one) vote per share or as in Law Number 40 of 2007 concerning Limited Liability Companies known as “one share one vote”. This optional policy implies that the shareholders, although the majority, do not control the company. This means that ordinary shareholders, although the majority, can only enjoy profits through capital gains and dividend distribution. However, if the issuer suffers a loss, the ordinary shareholders, who are the majority shareholders, will suffer the biggest loss.","PeriodicalId":250069,"journal":{"name":"Audito Comparative Law Journal (ACLJ)","volume":"9 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140462657","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-01-24DOI: 10.22219/aclj.v5i1.29644
Andistya Pratama, Ginna Yuliana
This article aims to conduct a more in-depth study of Indonesia's challenges and opportunities after the ratification of the 2020 Indonesia-Australia Comprehensive Economic Partnership Agreement, hereinafter referred to as IA-CEPA. IA-CEPA offers opportunities for investment, trade in goods and services, and human resource capacity building for both countries. The Indonesian government needs to accelerate the harmonization of national laws related to the substance of IA-CEPA so that no legal conflicts harm Indonesia's national and economic interests. This research applied normative or doctrinal research methods, collecting legal materials with literature studies, which were then analysed with descriptive analysis techniques to find solutions to the problems raised. The results show that IA-CEPA brings great opportunities for economic growth in both countries. With greater access to each other's markets and cuts in trade tariffs, this agreement can stimulate greater trade and investment. IA-CEPA provides incentives for both countries to diversify their investment sources. This can help reduce dependence on one particular country or region and increase economic resilience.
{"title":"The Ratification of Indonesia-Australia Comprehensive Economic Partnership Agreement: Investment Challenges and Opportunities","authors":"Andistya Pratama, Ginna Yuliana","doi":"10.22219/aclj.v5i1.29644","DOIUrl":"https://doi.org/10.22219/aclj.v5i1.29644","url":null,"abstract":"This article aims to conduct a more in-depth study of Indonesia's challenges and opportunities after the ratification of the 2020 Indonesia-Australia Comprehensive Economic Partnership Agreement, hereinafter referred to as IA-CEPA. IA-CEPA offers opportunities for investment, trade in goods and services, and human resource capacity building for both countries. The Indonesian government needs to accelerate the harmonization of national laws related to the substance of IA-CEPA so that no legal conflicts harm Indonesia's national and economic interests. This research applied normative or doctrinal research methods, collecting legal materials with literature studies, which were then analysed with descriptive analysis techniques to find solutions to the problems raised. The results show that IA-CEPA brings great opportunities for economic growth in both countries. With greater access to each other's markets and cuts in trade tariffs, this agreement can stimulate greater trade and investment. IA-CEPA provides incentives for both countries to diversify their investment sources. This can help reduce dependence on one particular country or region and increase economic resilience.","PeriodicalId":250069,"journal":{"name":"Audito Comparative Law Journal (ACLJ)","volume":"27 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139599240","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-30DOI: 10.22219/aclj.v4i2.26098
Nurfaika Ishak
In this era of rapid development of science, knowledge, and technology, society faces a challenge related to the use of information and communication technology that can be misused by irresponsible parties and can cause harm and loss to others in the form of threats to security stability in cyberspace. This study aims to find out how to guarantee the security protection of information and communication technology applications for Indonesian citizens from the perspective of laws and regulations perspective, then how challenges and opportunities can be addressed to overcome the gaps that occur. This research is normative research with a statutory approach. The data collection technique used in this study is a literature study technique collected by reviewing scientific works, journals, laws and regulations, and other related materials related to information and communication technology, and crimes in cyberspace. The results show that the Indonesian government has issued a law on information and electronic transactions. Furthermore, several work teams were also formed under state agencies/institutions that focused on responding to information security issues such as teams under the auspices of the Ministry of Communication and Information; there were also other teams from Indonesian National Police Agency. The challenges faced are related to law enforcement on the regulations that have been set, namely how the substance of the contents in these regulations can accommodate the protection/guarantee of the security of personal information in Indonesia. In addition, this is also influenced by the apparatus's actions and the community's response.
{"title":"Guarantee of Information and Communication Technology Application Security in Indonesia: Regulations and Challenges?","authors":"Nurfaika Ishak","doi":"10.22219/aclj.v4i2.26098","DOIUrl":"https://doi.org/10.22219/aclj.v4i2.26098","url":null,"abstract":"In this era of rapid development of science, knowledge, and technology, society faces a challenge related to the use of information and communication technology that can be misused by irresponsible parties and can cause harm and loss to others in the form of threats to security stability in cyberspace. This study aims to find out how to guarantee the security protection of information and communication technology applications for Indonesian citizens from the perspective of laws and regulations perspective, then how challenges and opportunities can be addressed to overcome the gaps that occur. This research is normative research with a statutory approach. The data collection technique used in this study is a literature study technique collected by reviewing scientific works, journals, laws and regulations, and other related materials related to information and communication technology, and crimes in cyberspace. The results show that the Indonesian government has issued a law on information and electronic transactions.\u0000Furthermore, several work teams were also formed under state agencies/institutions that focused on responding to information security issues such as teams under the auspices of the Ministry of Communication and Information; there were also other teams from Indonesian National Police Agency. The challenges faced are related to law enforcement on the regulations that have been set, namely how the substance of the contents in these regulations can accommodate the protection/guarantee of the security of personal information in Indonesia. In addition, this is also influenced by the apparatus's actions and the community's response.","PeriodicalId":250069,"journal":{"name":"Audito Comparative Law Journal (ACLJ)","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115460911","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-30DOI: 10.22219/aclj.v4i2.26434
Rianda Dirkareshza, Anni Alvionita Simanjuntak
Geographical Indication (GI) is one of the Intellectual Property Rights features. In this instance, one component that needs to be highlighted is its registration. Unfortunately, there are several infringements of Indonesian GI exist, such as Indonesian product registration being claimed by foreigners or outsiders. This article examines the legal protection of Geographical Indications based on Indonesian Legal Instruments and the law of outsiders parties and the international’s rule in Geographical Indication dispute settlement among countries. This article uses normative juridical research methods with a descriptive-analytical approach using national and international laws and relevant regulations to its issues. The findings revealed that protecting Geographical Indications in the International domain often causes polemics due to the need for firmness regarding the International Agreements’ substance. The arrangement of Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) merely requires legal provisions for each country in protecting Geographical Indications. Consequently, each country has fundamental different legal for protecting GI, and the legal uncertainty in International Agreement raises new issues.
{"title":"Comparative Study of State Jurisdiction: The Protection Towards Geographical Indication at Indonesia, the EU and US","authors":"Rianda Dirkareshza, Anni Alvionita Simanjuntak","doi":"10.22219/aclj.v4i2.26434","DOIUrl":"https://doi.org/10.22219/aclj.v4i2.26434","url":null,"abstract":"Geographical Indication (GI) is one of the Intellectual Property Rights features. In this instance, one component that needs to be highlighted is its registration. Unfortunately, there are several infringements of Indonesian GI exist, such as Indonesian product registration being claimed by foreigners or outsiders. This article examines the legal protection of Geographical Indications based on Indonesian Legal Instruments and the law of outsiders parties and the international’s rule in Geographical Indication dispute settlement among countries. This article uses normative juridical research methods with a descriptive-analytical approach using national and international laws and relevant regulations to its issues. The findings revealed that protecting Geographical Indications in the International domain often causes polemics due to the need for firmness regarding the International Agreements’ substance. The arrangement of Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) merely requires legal provisions for each country in protecting Geographical Indications. Consequently, each country has fundamental different legal for protecting GI, and the legal uncertainty in International Agreement raises new issues.","PeriodicalId":250069,"journal":{"name":"Audito Comparative Law Journal (ACLJ)","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132258360","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-19DOI: 10.22219/aclj.v4i2.25417
Sholahuddin Al-Fatih, M. Muluk
This article examines beschikking, regeling, and beleidseregel in the Indonesian legal system. This article aims to understand beschikking, regeling, and beleidseregel in the context of its content's type, form, and material. Using a conceptual approach method, this article will likely provide an understanding for academics and practitioners in the field of legislation. The results of this study show that beschikking in Indonesia appears in the form of KTUN. In contrast, regeling appears in the form of laws and regulations, while beleidseregel manifests in circulars and instructions. Measuring the marketability, binding, and usability of a beschikking, regeling, and beleidseregel uses a typology approach to the division of power.
{"title":"Understanding Beschikking, Regeling and Beleidsregel in Indonesian Legal System","authors":"Sholahuddin Al-Fatih, M. Muluk","doi":"10.22219/aclj.v4i2.25417","DOIUrl":"https://doi.org/10.22219/aclj.v4i2.25417","url":null,"abstract":"This article examines beschikking, regeling, and beleidseregel in the Indonesian legal system. This article aims to understand beschikking, regeling, and beleidseregel in the context of its content's type, form, and material. Using a conceptual approach method, this article will likely provide an understanding for academics and practitioners in the field of legislation. The results of this study show that beschikking in Indonesia appears in the form of KTUN. In contrast, regeling appears in the form of laws and regulations, while beleidseregel manifests in circulars and instructions. Measuring the marketability, binding, and usability of a beschikking, regeling, and beleidseregel uses a typology approach to the division of power.","PeriodicalId":250069,"journal":{"name":"Audito Comparative Law Journal (ACLJ)","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116570119","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-15DOI: 10.22219/aclj.v4i2.25232
Alif Muhammad Gultom, D. Heriyanto
The exhaustion doctrine in intellectual property law refers to the limitation imposed on the rights of owners to enforce their intellectual property rights after a particular point of sale. It creates a framework for determining the legality of parallel imports and helps to balance the interests of intellectual property owners and consumers. This paper presents a comparative study on the trademark exhaustion principle and parallel import between the European Union (EU) and Indonesia. The study investigates the legal framework and the practical application of these concepts in both jurisdictions. This study uses a normative research method and a legal comparative approach to analyze and describe the legal frameworks of different jurisdictions. The research findings indicate that the EU has a well-defined threshold for the exhaustion of trademark rights, which is aligned with the regional exhaustion principle. In contrast, the Indonesian legal system lacks clarity on this principle, which creates confusion and uncertainty for trademark owners and parallel importers. Last, this research also provides insights for policymakers, practitioners, and academics who are interested in the current exhaustion principle and parallel import development.
{"title":"The Power of Legal Certainty in the Trademark Exhaustion Principle Governing Parallel Imports","authors":"Alif Muhammad Gultom, D. Heriyanto","doi":"10.22219/aclj.v4i2.25232","DOIUrl":"https://doi.org/10.22219/aclj.v4i2.25232","url":null,"abstract":"The exhaustion doctrine in intellectual property law refers to the limitation imposed on the rights of owners to enforce their intellectual property rights after a particular point of sale. It creates a framework for determining the legality of parallel imports and helps to balance the interests of intellectual property owners and consumers. This paper presents a comparative study on the trademark exhaustion principle and parallel import between the European Union (EU) and Indonesia. The study investigates the legal framework and the practical application of these concepts in both jurisdictions. This study uses a normative research method and a legal comparative approach to analyze and describe the legal frameworks of different jurisdictions. The research findings indicate that the EU has a well-defined threshold for the exhaustion of trademark rights, which is aligned with the regional exhaustion principle. In contrast, the Indonesian legal system lacks clarity on this principle, which creates confusion and uncertainty for trademark owners and parallel importers. Last, this research also provides insights for policymakers, practitioners, and academics who are interested in the current exhaustion principle and parallel import development.","PeriodicalId":250069,"journal":{"name":"Audito Comparative Law Journal (ACLJ)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134363416","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The village government is currently given lots of new authority and funding from both the central and regional governments. Such things aim to increase the progress of development and prosperity of village communities. Unfortunately, this does not necessarily make the village governments run according to existing laws. Worse, they do not necessarily make progress. Concerning the prosperity of villagers, since the enactment of Law Number 22 of 1999, major changes have happened to villages. They are no longer areas that are directly supervised by the regional government or merely administrative areas. But the village has transformed into an independent and separate autonomous force with the peculiarities of self-government. This paper uses the normative juridical research method. Results show that the lengthy tenure of village heads impacts the democratization process in the regions. It will result in the stagnation of development progress in the villages. These conditions certainly resulted in negative speculations about the consequences arising from violations of justice to the possibility of many legal violations due to the long Village Head office term
{"title":"Legal Issues Behind Village Autonomy and Village Head Role in Village Governments","authors":"Anggun Rahmawati, Arief Budiono, Syaifuddin Zuhdi, Nuria Siswi Enggarani","doi":"10.22219/aclj.v4i2.23281","DOIUrl":"https://doi.org/10.22219/aclj.v4i2.23281","url":null,"abstract":"The village government is currently given lots of new authority and funding from both the central and regional governments. Such things aim to increase the progress of development and prosperity of village communities. Unfortunately, this does not necessarily make the village governments run according to existing laws. Worse, they do not necessarily make progress. Concerning the prosperity of villagers, since the enactment of Law Number 22 of 1999, major changes have happened to villages. They are no longer areas that are directly supervised by the regional government or merely administrative areas. But the village has transformed into an independent and separate autonomous force with the peculiarities of self-government. This paper uses the normative juridical research method. Results show that the lengthy tenure of village heads impacts the democratization process in the regions. It will result in the stagnation of development progress in the villages. These conditions certainly resulted in negative speculations about the consequences arising from violations of justice to the possibility of many legal violations due to the long Village Head office term","PeriodicalId":250069,"journal":{"name":"Audito Comparative Law Journal (ACLJ)","volume":"96 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124992349","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：