Pub Date : 2024-01-30DOI: 10.20473/ydk.v39i1.45461
Roman I. Blahuta, Olha O. Barabash, Vasyl Zakharov, Mariia Yu. Kovalska, K. Dobkina
Ensuring human rights and freedoms is the primary task of national development in Ukraine and the main social values and freedoms that determine the need to ensure the transparent, efficient, and population-oriented functioning of all state institutions that ensure the protection of people's and citizens' rights. The purpose of this research is to identify the state of human rights protection and enforcement in law enforcement activities in EU countries and Ukraine and to outline trends for further improvement in human rights law enforcement activities. The methodological basis of the investigation is the dialectics of worldview and general and specific scientific methods for understanding national phenomena and legal realities. The research finds the promotion and protection of human rights and freedoms are foundational to effective law enforcement activities, requiring alignment with constitutional, legal, and international standards. The modernization of policing principles involves expanding the role of national institutions, fostering accountability, diversity and partnerships, while humanizing police activities to establish trust-based relations with citizens. The research further emphasizes the critical role of implementing these insights into the actual activities of Ukrainian law enforcement agencies for a more meaningful and impactful transformation in ensuring human rights and freedoms. The study is of great scientific and theoretical importance, since scientific achievements in this field define the general direction of its understanding of the state, making it possible to understand and identify new trends in the development of ensuring compliance with human rights and freedoms in the world.
{"title":"Enhancing Human Rights Protections in Ukrainian Law Enforcement: National Compliance with EU Standards","authors":"Roman I. Blahuta, Olha O. Barabash, Vasyl Zakharov, Mariia Yu. Kovalska, K. Dobkina","doi":"10.20473/ydk.v39i1.45461","DOIUrl":"https://doi.org/10.20473/ydk.v39i1.45461","url":null,"abstract":"Ensuring human rights and freedoms is the primary task of national development in Ukraine and the main social values and freedoms that determine the need to ensure the transparent, efficient, and population-oriented functioning of all state institutions that ensure the protection of people's and citizens' rights. The purpose of this research is to identify the state of human rights protection and enforcement in law enforcement activities in EU countries and Ukraine and to outline trends for further improvement in human rights law enforcement activities. The methodological basis of the investigation is the dialectics of worldview and general and specific scientific methods for understanding national phenomena and legal realities. The research finds the promotion and protection of human rights and freedoms are foundational to effective law enforcement activities, requiring alignment with constitutional, legal, and international standards. The modernization of policing principles involves expanding the role of national institutions, fostering accountability, diversity and partnerships, while humanizing police activities to establish trust-based relations with citizens. The research further emphasizes the critical role of implementing these insights into the actual activities of Ukrainian law enforcement agencies for a more meaningful and impactful transformation in ensuring human rights and freedoms. The study is of great scientific and theoretical importance, since scientific achievements in this field define the general direction of its understanding of the state, making it possible to understand and identify new trends in the development of ensuring compliance with human rights and freedoms in the world.","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":"122 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140485260","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 : 2024-01-30DOI: 10.20473/ydk.v39i1.44966
Robert Pangihutan Radjagoekgoek, Awwal Muhammad Shafiu
According to Article 33 of the 1945 Structure, oil and gas have the potential to greatly influence state and revenue generation sources, thereby realizing societal welfare and economic prosperity. For this reason, oil and gas have a crucial and strategic position among natural resources. As a result, a specialized work group for exploration and production (E&P) was established through the enactment of Oil and Gas Law Number 22, 2001. This organization is in charge of supervising all exploration and production-related operations. In accordance with Presidential Regulation No. 12, 2021, Procedural Instruction 007, 2017, exploration and production builders carry out the rig procurement procedure to rig providers builders with their proposal Owner Estimate's worth. There are conflicting interpretations and discrepancies in the Owner Estimate instruction problem for upstream exploration and production (E&P). Concerns pertaining to areas of law positivism that Owner Estimate provides may or may not be secret in the process. It allows for collusion during the purchasing procedure. Normative juridical analysis is used in the research to make Owner Estimates of Value and to cover regulation. Therefore, in order to achieve conformity with the agreement principle and legal certainty, it is required to alter the President's Regulation and the Summary of Procedural Instruction. In order for the specialized work group for exploration and production (E&P), the E&P builders, and the rig providers to execute upstream business flawlessly and optimally to support communal welfare, the regulation's evaluation will support legal clarity, ability, and persuasiveness.
{"title":"Estimating The Exploration And Production (E&P) Industry's Rig Contract Business Owner","authors":"Robert Pangihutan Radjagoekgoek, Awwal Muhammad Shafiu","doi":"10.20473/ydk.v39i1.44966","DOIUrl":"https://doi.org/10.20473/ydk.v39i1.44966","url":null,"abstract":"According to Article 33 of the 1945 Structure, oil and gas have the potential to greatly influence state and revenue generation sources, thereby realizing societal welfare and economic prosperity. For this reason, oil and gas have a crucial and strategic position among natural resources. As a result, a specialized work group for exploration and production (E&P) was established through the enactment of Oil and Gas Law Number 22, 2001. This organization is in charge of supervising all exploration and production-related operations. In accordance with Presidential Regulation No. 12, 2021, Procedural Instruction 007, 2017, exploration and production builders carry out the rig procurement procedure to rig providers builders with their proposal Owner Estimate's worth. There are conflicting interpretations and discrepancies in the Owner Estimate instruction problem for upstream exploration and production (E&P). Concerns pertaining to areas of law positivism that Owner Estimate provides may or may not be secret in the process. It allows for collusion during the purchasing procedure. Normative juridical analysis is used in the research to make Owner Estimates of Value and to cover regulation. Therefore, in order to achieve conformity with the agreement principle and legal certainty, it is required to alter the President's Regulation and the Summary of Procedural Instruction. In order for the specialized work group for exploration and production (E&P), the E&P builders, and the rig providers to execute upstream business flawlessly and optimally to support communal welfare, the regulation's evaluation will support legal clarity, ability, and persuasiveness.","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":"54 21","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140480376","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 : 2024-01-30DOI: 10.20473/ydk.v39i1.48419
Muhammad Raihan Sjahputra, Jesse Christian Holwerda
The Indonesian zeitgeist to provide more checks toward the power of its executive organ to formulate and enter into international treaties and agreements during the infancy phase of the Reformasi era, which was spurred on by the international debt ballooning that they suffered under the leadership of President Soeharto, was somewhat undermined by the passing of the Law No. 24 of 2000, which effectively limits the involvement of the House in the formulation process of international treaties to which Indonesia would be a party to. This apparently voluntary weakening of the legislative’s oversight function is caused by the understanding that the realities of contemporary international intercourse has resulted in the increasing need for the formulation and entrance into international treaties and agreements as expeditiously as possible. The WTO, as the manifestation of globalization and its byproduct, neoliberalism, plays a role in creating such a necessity, which in turn incentivizes the imparity between the legislative and executive branches of the Indonesian government. The focus of this article is its dispute settlement system, and how its strengths and its weaknesses, has created the incentive for negotiations and expeditious decision making outside of the system itself, which requires a considerable degree of latitude to be afforded to the party involved in such negotiations, the executive. The discussion in this paper delves upon works dealing with the theoretical implications of several aspects of the WTO dispute settlement system and a case study of the US-Clove Cigarettes Case, which perfectly demonstrates said implications toward Indonesia.
{"title":"The WTO Dispute Settlement System and How It Incentivizes Imparity Between Indonesia’s Executive and Parliament","authors":"Muhammad Raihan Sjahputra, Jesse Christian Holwerda","doi":"10.20473/ydk.v39i1.48419","DOIUrl":"https://doi.org/10.20473/ydk.v39i1.48419","url":null,"abstract":"The Indonesian zeitgeist to provide more checks toward the power of its executive organ to formulate and enter into international treaties and agreements during the infancy phase of the Reformasi era, which was spurred on by the international debt ballooning that they suffered under the leadership of President Soeharto, was somewhat undermined by the passing of the Law No. 24 of 2000, which effectively limits the involvement of the House in the formulation process of international treaties to which Indonesia would be a party to. This apparently voluntary weakening of the legislative’s oversight function is caused by the understanding that the realities of contemporary international intercourse has resulted in the increasing need for the formulation and entrance into international treaties and agreements as expeditiously as possible. The WTO, as the manifestation of globalization and its byproduct, neoliberalism, plays a role in creating such a necessity, which in turn incentivizes the imparity between the legislative and executive branches of the Indonesian government. The focus of this article is its dispute settlement system, and how its strengths and its weaknesses, has created the incentive for negotiations and expeditious decision making outside of the system itself, which requires a considerable degree of latitude to be afforded to the party involved in such negotiations, the executive. The discussion in this paper delves upon works dealing with the theoretical implications of several aspects of the WTO dispute settlement system and a case study of the US-Clove Cigarettes Case, which perfectly demonstrates said implications toward Indonesia.","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":"29 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140484289","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 : 2024-01-30DOI: 10.20473/ydk.v39i1.48032
Dian Ety Mayasari, Andreas L. Atjengbharata, Seguito Monteiro
Legal protection for children has not been effective and there are still children who are victims of bullying. Bullying is an action that hurts the victim both physically and psychologically. The occurrence of bullying is a form of violation of children's rights which is regulated in the Child Protection Law, so perpetrators must be dealt with firmly by imposing criminal sanctions which are also regulated in the Child Protection Law. The purpose of this writing is to find out legal protection for children who are victims of bullying, especially repressive legal protection. It uses a normative juridical method that prioritizes primary legal material of the Child Protection Law. The final result is that the regulation of criminal sanctions in the Child Protection Law is cumulative and there are regulations for minimum and maximum criminal threats, so that judges in giving decisions on criminal sanctions can be minimal. This lack of firmness in setting sanctions does not provide a deterrent effect for perpetrators and other people who continue to carry out bullying actions against children.
{"title":"Legal Protection for Child Victims of Bullying from the Perspective of Child Protection Law","authors":"Dian Ety Mayasari, Andreas L. Atjengbharata, Seguito Monteiro","doi":"10.20473/ydk.v39i1.48032","DOIUrl":"https://doi.org/10.20473/ydk.v39i1.48032","url":null,"abstract":"Legal protection for children has not been effective and there are still children who are victims of bullying. Bullying is an action that hurts the victim both physically and psychologically. The occurrence of bullying is a form of violation of children's rights which is regulated in the Child Protection Law, so perpetrators must be dealt with firmly by imposing criminal sanctions which are also regulated in the Child Protection Law. The purpose of this writing is to find out legal protection for children who are victims of bullying, especially repressive legal protection. It uses a normative juridical method that prioritizes primary legal material of the Child Protection Law. The final result is that the regulation of criminal sanctions in the Child Protection Law is cumulative and there are regulations for minimum and maximum criminal threats, so that judges in giving decisions on criminal sanctions can be minimal. This lack of firmness in setting sanctions does not provide a deterrent effect for perpetrators and other people who continue to carry out bullying actions against children.","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":"178 11","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140485211","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 : 2024-01-30DOI: 10.20473/ydk.v39i1.48389
Teng Berlianty, Yosia Hetharie, Putri Anggia
This study aims to examine the bambu gila dance as a potential intellectual property for traditional cultural expressions in Maluku which should receive legal protection as part of efforts to defend cultural heritage from claims of ownership by other parties or other countries. Bambu Gila Dance is one of the famous traditional arts from Maluku. The traditional cultural expression in the form of the Bambu Gila dance is expressly protected by the Indonesian intellectual property rights system. However, protection for Bambu Gila Dance as a traditional cultural expression cannot be realized so that it can only be used by other parties illegally. This research is a normative juridical research supported by primary legal materials and secondary legal materials with a conceptual approach and statutory approach. Legal protection for the traditional Bambu Gila dance from Maluku Province has not been effectively implemented, both based on Article 38 of Law Number 28 of 2014 Concerning Copyright, as well as in terms of the actions of government officials who have not been able to inventory traditional dance performance artworks as an expression traditional culture in Maluku including the Bambu Gila Dance. The role of the Provincial and Regency Governments in Maluku is crucial in realizing legal protection for traditional dances, including the Bambu Gila Dance, as intangible cultural heritage through the establishment of regional regulations. These regulations serve as legal basic to provide legal certainty as part of efforts for preventive legal protection for the Bambu Gila Dance.
{"title":"Legal Protection of Bambu Gila Dance as a Traditional Cultural Expression","authors":"Teng Berlianty, Yosia Hetharie, Putri Anggia","doi":"10.20473/ydk.v39i1.48389","DOIUrl":"https://doi.org/10.20473/ydk.v39i1.48389","url":null,"abstract":"This study aims to examine the bambu gila dance as a potential intellectual property for traditional cultural expressions in Maluku which should receive legal protection as part of efforts to defend cultural heritage from claims of ownership by other parties or other countries. Bambu Gila Dance is one of the famous traditional arts from Maluku. The traditional cultural expression in the form of the Bambu Gila dance is expressly protected by the Indonesian intellectual property rights system. However, protection for Bambu Gila Dance as a traditional cultural expression cannot be realized so that it can only be used by other parties illegally. This research is a normative juridical research supported by primary legal materials and secondary legal materials with a conceptual approach and statutory approach. Legal protection for the traditional Bambu Gila dance from Maluku Province has not been effectively implemented, both based on Article 38 of Law Number 28 of 2014 Concerning Copyright, as well as in terms of the actions of government officials who have not been able to inventory traditional dance performance artworks as an expression traditional culture in Maluku including the Bambu Gila Dance. The role of the Provincial and Regency Governments in Maluku is crucial in realizing legal protection for traditional dances, including the Bambu Gila Dance, as intangible cultural heritage through the establishment of regional regulations. These regulations serve as legal basic to provide legal certainty as part of efforts for preventive legal protection for the Bambu Gila Dance.","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":"72 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140485998","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 : 2024-01-30DOI: 10.20473/ydk.v39i1.43150
Wella Mareta Nanda, Prilian Cahyani, S.H., S.AP., M.H, Mohamed Ali El Fetouhi Abarran
Medical practice through digital health platforms is one of the innovations in the health sector that changes the practice of medicine in a modern direction with technological intermediaries. Digital health platforms accommodate doctors in providing medical services to patients virtually. Certain parties may experience the disadvantages of using technology as a result of limitations that surround medical practice through digital health platforms. The laws have not yet provided specific arrangements related to the medical practice through digital health platforms. This research aims to provide legal certainty by identifying and analyzing the limits of liability of the parties involved in medical practices through digital health platforms. This legal research uses a statutory approach and conceptual approach. The results showed that the imposition of liability for losses suffered by a particular party is based on the element of error inherent in the party that caused the loss. Platform operators are responsible for the leakage of a patient's personal data and medical records. Doctors are responsible for misdiagnosis and prescribing of drugs after the patient provides correct health information. The courier delivery is responsible for ensuring the medicine reaches the patient from the pharmacy according to the prescription given by the doctor. The electronic payment company must solve the transfer of funds problem and the insurances responsible for taking care on insurances needs if the patient connects the treatment with their insurance.
{"title":"Responsibilities of Medical Practice through Digital Health Platforms","authors":"Wella Mareta Nanda, Prilian Cahyani, S.H., S.AP., M.H, Mohamed Ali El Fetouhi Abarran","doi":"10.20473/ydk.v39i1.43150","DOIUrl":"https://doi.org/10.20473/ydk.v39i1.43150","url":null,"abstract":"Medical practice through digital health platforms is one of the innovations in the health sector that changes the practice of medicine in a modern direction with technological intermediaries. Digital health platforms accommodate doctors in providing medical services to patients virtually. Certain parties may experience the disadvantages of using technology as a result of limitations that surround medical practice through digital health platforms. The laws have not yet provided specific arrangements related to the medical practice through digital health platforms. This research aims to provide legal certainty by identifying and analyzing the limits of liability of the parties involved in medical practices through digital health platforms. This legal research uses a statutory approach and conceptual approach. The results showed that the imposition of liability for losses suffered by a particular party is based on the element of error inherent in the party that caused the loss. Platform operators are responsible for the leakage of a patient's personal data and medical records. Doctors are responsible for misdiagnosis and prescribing of drugs after the patient provides correct health information. The courier delivery is responsible for ensuring the medicine reaches the patient from the pharmacy according to the prescription given by the doctor. The electronic payment company must solve the transfer of funds problem and the insurances responsible for taking care on insurances needs if the patient connects the treatment with their insurance.","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":"380 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140479995","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 : 2023-09-01DOI: 10.20473/ydk.v38i3.44872
Sinar Aju Wulandari, Putri Kirana
The high modus operandi and increasing technological sophistication have implicate the transnational movement of illicit drug trafficking. The phenomenon of increased narcotics crime cases poses a threat to countries, including those in the ASEAN region. This type of crime poses a threat to the production and trade of illegal drugs. ASEAN, as a regional organization in Southeast Asia, is still facing several challenges, particularly the commitment of its member countries to combating illicit drug trafficking. Aside from funding issues, geographical location, cultural challenges, and social customs are all factors influencing the speed with which narcotics are handled. Several programs were initiated by each country in the ASEAN region with the primary goal of collaborating to reduce narcotics distribution and abuse. This article aims to analyze the sustainability of the ASEAN 2015 Drug-Free Program and the role of UNODC in the ASEAN region. The normative legal research method was used in this article, with primary and secondary legal sources. The article concludes that the program for dealing with narcotics crime begins with the ASEAN drug-free declaration, which harmonizes member countries' perspectives through their representatives to eliminate the cultivation, consumption, and trade of narcotics across national borders. As an international organization, UNODC (United Nations Office on Crime and Drugs) exists to facilitate cooperation and coordination through programs initiated with special narcotics agencies from each member country. Coordination between the two organizations is critical for the successful implementation of the program that has been initiated.
{"title":"ASEAN States Cooperation in the Control and Prevention of Illicit Drugs Trafficking","authors":"Sinar Aju Wulandari, Putri Kirana","doi":"10.20473/ydk.v38i3.44872","DOIUrl":"https://doi.org/10.20473/ydk.v38i3.44872","url":null,"abstract":"The high modus operandi and increasing technological sophistication have implicate the transnational movement of illicit drug trafficking. The phenomenon of increased narcotics crime cases poses a threat to countries, including those in the ASEAN region. This type of crime poses a threat to the production and trade of illegal drugs. ASEAN, as a regional organization in Southeast Asia, is still facing several challenges, particularly the commitment of its member countries to combating illicit drug trafficking. Aside from funding issues, geographical location, cultural challenges, and social customs are all factors influencing the speed with which narcotics are handled. Several programs were initiated by each country in the ASEAN region with the primary goal of collaborating to reduce narcotics distribution and abuse. This article aims to analyze the sustainability of the ASEAN 2015 Drug-Free Program and the role of UNODC in the ASEAN region. The normative legal research method was used in this article, with primary and secondary legal sources. The article concludes that the program for dealing with narcotics crime begins with the ASEAN drug-free declaration, which harmonizes member countries' perspectives through their representatives to eliminate the cultivation, consumption, and trade of narcotics across national borders. As an international organization, UNODC (United Nations Office on Crime and Drugs) exists to facilitate cooperation and coordination through programs initiated with special narcotics agencies from each member country. Coordination between the two organizations is critical for the successful implementation of the program that has been initiated.","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":"37 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139343960","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 : 2023-09-01DOI: 10.20473/ydk.v38i3.47737
Andyna Susiawati Achmad, A. A. Indradewi
In order to implement the idea of fair business competition, this article will analyze the function and legal obligations of online marketplaces in limiting commercial actors as 'official stores'. Normative juridical law research with statutory and conceptual techniques was used to create this study. According to the results, the distribution of commodities from producers to consumers has been altered by digital disruption. Currently, a number of online marketplace platforms offer 'official store' services to a small group of business players so they can expand their enterprises exclusively. Applying 'official stores' terms and conditions to business actors is prohibited by both Law No. 5 of 1999, which prohibits unfair business competition, and Government Regulation 29 of 2021, which relates to the implementation of the trade sector. Distributors and agents of associated producers will face unfair economic rivalry as a result of producers entering the online market as 'official stores'. Producers are prohibited from selling their products in retail settings, whether offline or online, in accordance with the relevant legislation. The findings of this study should benefit the parties involved in the online marketplace by fostering fair commercial competitiveness.
{"title":"Online Marketplace's Role and Legal Responsibilities on 'Official Store' Restrictions To Implement Fair Competition Principle","authors":"Andyna Susiawati Achmad, A. A. Indradewi","doi":"10.20473/ydk.v38i3.47737","DOIUrl":"https://doi.org/10.20473/ydk.v38i3.47737","url":null,"abstract":"In order to implement the idea of fair business competition, this article will analyze the function and legal obligations of online marketplaces in limiting commercial actors as 'official stores'. Normative juridical law research with statutory and conceptual techniques was used to create this study. According to the results, the distribution of commodities from producers to consumers has been altered by digital disruption. Currently, a number of online marketplace platforms offer 'official store' services to a small group of business players so they can expand their enterprises exclusively. Applying 'official stores' terms and conditions to business actors is prohibited by both Law No. 5 of 1999, which prohibits unfair business competition, and Government Regulation 29 of 2021, which relates to the implementation of the trade sector. Distributors and agents of associated producers will face unfair economic rivalry as a result of producers entering the online market as 'official stores'. Producers are prohibited from selling their products in retail settings, whether offline or online, in accordance with the relevant legislation. The findings of this study should benefit the parties involved in the online marketplace by fostering fair commercial competitiveness.","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":"239 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139345362","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 : 2023-09-01DOI: 10.20473/ydk.v38i3.36885
Deny Noer Wahid, Isdian Anggraeny, Samira Echaib
The role of the MPR after the amendments to the 1945 Constitution carried out in the reform era has reduced most of the power of the MPR which was originally as an implementation of people's sovereignty, as stipulated in Article 1 paragraph (2) of the 1945 Constitution. As a result, the MPR of the Republic of Indonesia showed that as an permanent state high institution, although they continue to function as ad hoc organizations. Furthermore, the government's development became unsure and tended to be chaotic after the Indonesian People's Consultative Assembly abolished the power to define the country's direction, prioritizing only the five-year political program. By placing restrictions on the drafting of these provisions, restoring the People's Consultative Assembly of the Republic of Indonesia's power to make decisions, it is hoped that it will become a function of social control of the Citizen. Based on the description above, the following problems are formulated: 1. The urgency of returning the MPR's role to make decisions as a function of citizen social control. 2 Restore the authority of the MPR to make the outlines of the nation’s direction as a guideline for state development. In order to discuss this, a historical approach, a statutory approach, and a conceptual approach are combined with a normative legal research methodology.
{"title":"The Urgency of Returning the People's Consultative Assembly Authority in Determining the Outlines of the Nation’s Direction","authors":"Deny Noer Wahid, Isdian Anggraeny, Samira Echaib","doi":"10.20473/ydk.v38i3.36885","DOIUrl":"https://doi.org/10.20473/ydk.v38i3.36885","url":null,"abstract":"The role of the MPR after the amendments to the 1945 Constitution carried out in the reform era has reduced most of the power of the MPR which was originally as an implementation of people's sovereignty, as stipulated in Article 1 paragraph (2) of the 1945 Constitution. As a result, the MPR of the Republic of Indonesia showed that as an permanent state high institution, although they continue to function as ad hoc organizations. Furthermore, the government's development became unsure and tended to be chaotic after the Indonesian People's Consultative Assembly abolished the power to define the country's direction, prioritizing only the five-year political program. By placing restrictions on the drafting of these provisions, restoring the People's Consultative Assembly of the Republic of Indonesia's power to make decisions, it is hoped that it will become a function of social control of the Citizen. Based on the description above, the following problems are formulated: 1. The urgency of returning the MPR's role to make decisions as a function of citizen social control. 2 Restore the authority of the MPR to make the outlines of the nation’s direction as a guideline for state development. In order to discuss this, a historical approach, a statutory approach, and a conceptual approach are combined with a normative legal research methodology.","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":"24 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139344319","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 : 2023-09-01DOI: 10.20473/ydk.v38i3.44756
Muhammad Anas Fadli, Muhammad Pravest Hamidi, Farhan Azzahra, Rayyan Gustio, Kevin Aritonang
This paper examines the potential implementation challenges of GR 24/2022, specifically related to Let's Play content as a fiduciary collateral. With the rising popularity amongst the younger generation, Let’s Play Content has two issues, namely (i) copyright infringement and (ii) inadequate legal instruments. Utilizing a normative juridical analysis, we found that Let's Play content creators may potentially violate copyright laws if they fail to obtain permission or comply with fair use or fair dealing provisions. Furthermore, the current legal instruments available in Indonesia are found to be insufficient, which creates difficulties for stakeholders to mitigate legal risks. To ensure legal certainty and accurate valuations, the government should add supplementing provisions in the implementing regulations, coordinate with relevant parties and conduct education and training programs for appraisers. These steps are necessary in creating a fair business environment and supporting Indonesia's creative industry growth.
本文探讨了第 24/2022 号 GR 的潜在实施挑战，特别是与作为信托抵押品的 Let's Play 内容有关的挑战。随着 Let's Play 内容在年轻一代中越来越受欢迎，它存在两个问题，即（i）版权侵权和（ii）法律文书不完善。通过规范法学分析，我们发现 Let's Play 内容创作者如果没有获得许可或遵守合理使用或合理交易的规定，就有可能违反版权法。此外，我们还发现印尼现有的法律文书并不充分，这给利益相关者降低法律风险造成了困难。为确保法律的确定性和估值的准确性，政府应在实施细则中增加补充条款，与相关各方协调，并对评估师开展教育和培训计划。这些措施对于创造公平的商业环境和支持印尼创意产业的发展都是必要的。
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