Pub Date : 1900-01-01DOI: 10.2991/aebmr.k.200226.003
F. Esfandiari, Sholahuddin Al-Fatih
The enactment of Law Number 6 of 2014 concerning Villages (Village Law) has a significant impact on changing the position of the village from just the administrative area under the district to the entity that has the right to regulate and manage self-government affairs. Based on the initiative of the local community. Village problems that arise must be balanced with the implementation of principles that are the reference as contained in the explanation of article 24 letter d of the Village Law. One of them is in the principle of openness, namely the right of the community to obtain information that is true, honest and non-discriminatory about the administration of the Village Government. By continuing to pay attention to the provisions of the legislation. This study aims to conduct a study and formulate transparency that can be used by villages in the implementation of village governance. The research method used is a normative research method. with a statute approach. The results of the study show that efforts to empower the village community are one manifestation of accountability from the village administration to the policies and decisions that have been taken.
{"title":"Village Laws Dilemma: What Can the Village of Indonesia Do?","authors":"F. Esfandiari, Sholahuddin Al-Fatih","doi":"10.2991/aebmr.k.200226.003","DOIUrl":"https://doi.org/10.2991/aebmr.k.200226.003","url":null,"abstract":"The enactment of Law Number 6 of 2014 concerning Villages (Village Law) has a significant impact on changing the position of the village from just the administrative area under the district to the entity that has the right to regulate and manage self-government affairs. Based on the initiative of the local community. Village problems that arise must be balanced with the implementation of principles that are the reference as contained in the explanation of article 24 letter d of the Village Law. One of them is in the principle of openness, namely the right of the community to obtain information that is true, honest and non-discriminatory about the administration of the Village Government. By continuing to pay attention to the provisions of the legislation. This study aims to conduct a study and formulate transparency that can be used by villages in the implementation of village governance. The research method used is a normative research method. with a statute approach. The results of the study show that efforts to empower the village community are one manifestation of accountability from the village administration to the policies and decisions that have been taken.","PeriodicalId":300116,"journal":{"name":"Proceedings of the International Conference on Law Reform (INCLAR 2019)","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125150207","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 : 1900-01-01DOI: 10.2991/aebmr.k.200226.019
Mimin Mintarsih, B. Sukamto, Ritawati
Freedom and independence from colonial oppression is a nature, inherent in every human being. This is the basis for the birth of various independent and sovereign countries throughout the world. It is as the instruments in the framework of liberation, namely democracy. The meaning of democracy, namely a government based on the will of the people, the sovereignty of the people, and thus guaranteed equal rights and the right of freedom. The problem in this study is how the implementation of basic rights related to democratic freedom? The purpose of the study is to analyze the basic rights related to democratic freedom, with normative juridical research methods. The results of the study that the implementation of natural rights in relation to freedom of democracy is an obligation that must be fulfilled, for example in the right to freedom of movement, travel and relocation, the right to freedom of expression or opinion, the right to freedom of choice and active in an organization or association. These natural rights are the rights that have been possessed by every human being since he was still in the womb. If seen from democracy in Indonesia which has the Pancasila ideology, democracy is inspired by Pancasila values, namely People's Democracy which is led by wisdom in deliberation/representation, which has the One Godhead, fair and civilized humanity, which is united in Indonesia and socially just for all Indonesian people. Consequences in the life of the state must recognize the existence of God Almighty, thus giving birth to people who have Pancasila morality. Thus the basic rights based on the Almighty Godhead can guarantee the implementation of a healthy democracy.
{"title":"Natural Rights in Relation to Freedom of Democracy","authors":"Mimin Mintarsih, B. Sukamto, Ritawati","doi":"10.2991/aebmr.k.200226.019","DOIUrl":"https://doi.org/10.2991/aebmr.k.200226.019","url":null,"abstract":"Freedom and independence from colonial oppression is a nature, inherent in every human being. This is the basis for the birth of various independent and sovereign countries throughout the world. It is as the instruments in the framework of liberation, namely democracy. The meaning of democracy, namely a government based on the will of the people, the sovereignty of the people, and thus guaranteed equal rights and the right of freedom. The problem in this study is how the implementation of basic rights related to democratic freedom? The purpose of the study is to analyze the basic rights related to democratic freedom, with normative juridical research methods. The results of the study that the implementation of natural rights in relation to freedom of democracy is an obligation that must be fulfilled, for example in the right to freedom of movement, travel and relocation, the right to freedom of expression or opinion, the right to freedom of choice and active in an organization or association. These natural rights are the rights that have been possessed by every human being since he was still in the womb. If seen from democracy in Indonesia which has the Pancasila ideology, democracy is inspired by Pancasila values, namely People's Democracy which is led by wisdom in deliberation/representation, which has the One Godhead, fair and civilized humanity, which is united in Indonesia and socially just for all Indonesian people. Consequences in the life of the state must recognize the existence of God Almighty, thus giving birth to people who have Pancasila morality. Thus the basic rights based on the Almighty Godhead can guarantee the implementation of a healthy democracy.","PeriodicalId":300116,"journal":{"name":"Proceedings of the International Conference on Law Reform (INCLAR 2019)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132596816","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 : 1900-01-01DOI: 10.2991/aebmr.k.200226.029
Prisca Oktaviani Samosir, Aida Mustafa
Trademark is intangible goods. In the trademark, inherent value is an intangible asset for the owner because the trademark gives ownership rights as the legal subject, namely individuals (natural persoon) or legal entities (recht persoon), so that trademarks become intangible assets. Because the trademark has value, it is appropriate for trademark owners to get legal protection. Legal protection for trademark in Indonesia is only given to trademark owners who register their trademarks for the first time, in the principle, first to file. Currently, Indonesia does not use the principle of first to use, where the first trademark user has protection against the trademark. The application of these two principles has a difference to the implications for legal protection provided specifically on company-owned trademarks. This paper will discuss the differences in the implications of legal protection for company trademarks in Indonesia by comparing the principles of first to use and the principle of first to file. This paper used normative method with an economic analysis of law approach. The results showed that the principle of first to file in trademark registration more fulfilled the principles of rational choice, efficiency, value and utility compared to the principle of first to use.
{"title":"Legal Protection Implications on Trademark in Indonesia by Comparing the First to Use and First to File Principles","authors":"Prisca Oktaviani Samosir, Aida Mustafa","doi":"10.2991/aebmr.k.200226.029","DOIUrl":"https://doi.org/10.2991/aebmr.k.200226.029","url":null,"abstract":"Trademark is intangible goods. In the trademark, inherent value is an intangible asset for the owner because the trademark gives ownership rights as the legal subject, namely individuals (natural persoon) or legal entities (recht persoon), so that trademarks become intangible assets. Because the trademark has value, it is appropriate for trademark owners to get legal protection. Legal protection for trademark in Indonesia is only given to trademark owners who register their trademarks for the first time, in the principle, first to file. Currently, Indonesia does not use the principle of first to use, where the first trademark user has protection against the trademark. The application of these two principles has a difference to the implications for legal protection provided specifically on company-owned trademarks. This paper will discuss the differences in the implications of legal protection for company trademarks in Indonesia by comparing the principles of first to use and the principle of first to file. This paper used normative method with an economic analysis of law approach. The results showed that the principle of first to file in trademark registration more fulfilled the principles of rational choice, efficiency, value and utility compared to the principle of first to use.","PeriodicalId":300116,"journal":{"name":"Proceedings of the International Conference on Law Reform (INCLAR 2019)","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132161854","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}
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