Virtual reality and augmented reality have the potential to change the economy and society as much as the internet once did. In AR, virtual objects mix with real environments and objects. In virtual reality environments, people will move around using avatars and using virtual objects and individualise their virtual spaces with virtual artworks. However, the integration of humans into virtual and semi-virtual environments also leads to an intensification of problems connected with the relationship of the individual to technology and powerful platforms. The person integrated into virtual worlds will be under far closer observation and influence by platform operators than today's internet user. This must have consequences for the legal protection of personality. In addition, questions arise about the extension of personality rights to the virtual existence of the individual and to the question of the legal protection of objects used by the individual in his or her virtual environment. The article discusses some aspects from the perspective of the German law.
{"title":"THE INDIVIDUAL AND THE PROPERTY IN VIRTUAL WORLDS","authors":"Stefan Koos","doi":"10.25123/vej.v8i2.5627","DOIUrl":"https://doi.org/10.25123/vej.v8i2.5627","url":null,"abstract":"Virtual reality and augmented reality have the potential to change the economy and society as much as the internet once did. In AR, virtual objects mix with real environments and objects. In virtual reality environments, people will move around using avatars and using virtual objects and individualise their virtual spaces with virtual artworks. However, the integration of humans into virtual and semi-virtual environments also leads to an intensification of problems connected with the relationship of the individual to technology and powerful platforms. The person integrated into virtual worlds will be under far closer observation and influence by platform operators than today's internet user. This must have consequences for the legal protection of personality. In addition, questions arise about the extension of personality rights to the virtual existence of the individual and to the question of the legal protection of objects used by the individual in his or her virtual environment. The article discusses some aspects from the perspective of the German law.","PeriodicalId":32446,"journal":{"name":"Veritas et Justitia","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-12-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44047502","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}
Presidential Decree (pronouncement) is made in respons to state emergency. The issue discussed here refers to the question who, when and how state emergency occurs justifying the issuance of such pronouncement. A different issue in Indonesia is the impact such pronouncement has on democracy, considering that the decree itself it made, arguably, to save democracy in the first place. This has been experienced by Indonesia when the President issued such decree in the past. In addition, using comparative method, the author looks at the use and experience of other countries and how such approach impact democracy.
{"title":"PENGARUH DEKRIT PRESIDEN TERHADAP DEMOKRATISASI DI INDONESIA","authors":"Sapto Hermawan, Muhammad Rizal","doi":"10.25123/vej.v8i2.5268","DOIUrl":"https://doi.org/10.25123/vej.v8i2.5268","url":null,"abstract":"Presidential Decree (pronouncement) is made in respons to state emergency. The issue discussed here refers to the question who, when and how state emergency occurs justifying the issuance of such pronouncement. A different issue in Indonesia is the impact such pronouncement has on democracy, considering that the decree itself it made, arguably, to save democracy in the first place. This has been experienced by Indonesia when the President issued such decree in the past. In addition, using comparative method, the author looks at the use and experience of other countries and how such approach impact democracy.","PeriodicalId":32446,"journal":{"name":"Veritas et Justitia","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-12-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45442718","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}
A. Efendi, Dyah Ochtorina Susanti, Nuzulia Kumala Sari
As a general observation we can say that there exists imbalance of power between producers and consumers of genetically engineered food. This paper, using a doctrinal legal approach, examines three issues: 1) the rationality of protecting consumers of genetically engineered food, 2) the rights of consumers of genetically engineered food, and 3) the effectiveness of consumer protection for genetically engineered food. Arguably, the same situation exists between producers and consumers of genetically engineered food. Disparities and power imbalance relating to knowledge, capital – or simply power – determines the answer to those questions above.
{"title":"PERLINDUNGAN KONSUMEN PANGAN REKAYASA GENETIKA: RASIONALITAS DAN PROSPEK","authors":"A. Efendi, Dyah Ochtorina Susanti, Nuzulia Kumala Sari","doi":"10.25123/vej.v8i2.5401","DOIUrl":"https://doi.org/10.25123/vej.v8i2.5401","url":null,"abstract":"As a general observation we can say that there exists imbalance of power between producers and consumers of genetically engineered food. This paper, using a doctrinal legal approach, examines three issues: 1) the rationality of protecting consumers of genetically engineered food, 2) the rights of consumers of genetically engineered food, and 3) the effectiveness of consumer protection for genetically engineered food. Arguably, the same situation exists between producers and consumers of genetically engineered food. Disparities and power imbalance relating to knowledge, capital – or simply power – determines the answer to those questions above.","PeriodicalId":32446,"journal":{"name":"Veritas et Justitia","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-12-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48078555","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}
This paper discusses the changing relationship between canonic law and state (civil) law in history. In general, we can discern three stages: domination, confrontation-conflic and lastly harmony. The stages are marked by theories or principles describing or justifying the current situation. Pope Gelasius, for instance, forward the double sword principle. With the advent of nation-states and emerging scientific approach to reality, we enter the confrontation stage between Church Law and positive secular laws made by nations states. The third stage is marked by the 2nd Vatican Council, putting forward two important principles, i.e., salus animarum suprema lex and salus populi suprema lex, determining the relationship between Church law and secular laws.
本文论述了历史上政法与国(民)法关系的变迁。总的来说，我们可以看出三个阶段:统治，对抗-冲突，最后是和谐。这些阶段以描述或证明当前情况的理论或原则为标志。例如，教皇格拉西乌斯提出了双剑原则。随着民族国家的出现和研究现实的科学方法的出现，我们进入了教会法与民族国家制定的积极的世俗法的对抗阶段。第三阶段以梵蒂冈第二届大公会议为标志，提出了“salus animarum suprema lex”和“salus populi suprema lex”两个重要原则，确定了教会法与世俗法的关系。
{"title":"TIGA FASE NISBAH HUKUM GEREJA DENGAN HUKUM SIPIL","authors":"Andang Binawan","doi":"10.25123/vej.v8i2.5498","DOIUrl":"https://doi.org/10.25123/vej.v8i2.5498","url":null,"abstract":"This paper discusses the changing relationship between canonic law and state (civil) law in history. In general, we can discern three stages: domination, confrontation-conflic and lastly harmony. The stages are marked by theories or principles describing or justifying the current situation. Pope Gelasius, for instance, forward the double sword principle. With the advent of nation-states and emerging scientific approach to reality, we enter the confrontation stage between Church Law and positive secular laws made by nations states. The third stage is marked by the 2nd Vatican Council, putting forward two important principles, i.e., salus animarum suprema lex and salus populi suprema lex, determining the relationship between Church law and secular laws.","PeriodicalId":32446,"journal":{"name":"Veritas et Justitia","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-12-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43008339","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}
This study aims to obtain information regarding the legal consequences in the event of an Acquisition of ownership of rights to a Mark and to determine the legal protection of the Brand Licensee against cancellation by the Acquirer. The type of legal research used is normative using qualitative analysis techniques. The results of the study show that the company's acquisition does not have a legal effect on the transfer of ownership of the rights to the Mark because the meaning of the Acquisition contained in the Company Law is the Acquisition of Shares, so that the Acquired party remains the owner of the rights to the Mark. Whereas in Asset Acquisition if the Acquired company transfers the Assets including ownership of the rights to the Mark to the Acquirer, there will be a change in the parties in the Mark Licensing agreement, resulting in legal consequences for the fulfillment of achievements or royalty payments. In the event of the cancellation of the Mark License Agreement by the Acquirer, the Mark Licensee shall receive protection under the Law of the Agreement by filing a breach of contract according to Article 1243 of the Civil Code because Law of Mark and geographical indication only protects the Licensee against the deletion of the registered mark but the Licensee must agree in writing unless agreed otherwise.
{"title":"AKIBAT HUKUM AKUISISI PERUSAHAAN TERHADAP LISENSI MEREK","authors":"Sudjana Sudjana","doi":"10.25123/vej.v8i2.5523","DOIUrl":"https://doi.org/10.25123/vej.v8i2.5523","url":null,"abstract":"This study aims to obtain information regarding the legal consequences in the event of an Acquisition of ownership of rights to a Mark and to determine the legal protection of the Brand Licensee against cancellation by the Acquirer. The type of legal research used is normative using qualitative analysis techniques. The results of the study show that the company's acquisition does not have a legal effect on the transfer of ownership of the rights to the Mark because the meaning of the Acquisition contained in the Company Law is the Acquisition of Shares, so that the Acquired party remains the owner of the rights to the Mark. Whereas in Asset Acquisition if the Acquired company transfers the Assets including ownership of the rights to the Mark to the Acquirer, there will be a change in the parties in the Mark Licensing agreement, resulting in legal consequences for the fulfillment of achievements or royalty payments. In the event of the cancellation of the Mark License Agreement by the Acquirer, the Mark Licensee shall receive protection under the Law of the Agreement by filing a breach of contract according to Article 1243 of the Civil Code because Law of Mark and geographical indication only protects the Licensee against the deletion of the registered mark but the Licensee must agree in writing unless agreed otherwise.","PeriodicalId":32446,"journal":{"name":"Veritas et Justitia","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-12-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43463332","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 Financial Services Authority, anticipating the movement towards digital (bank 5.0), issued Regulation no. 12/POJK.03/2021 concerning Commercial Banks. However, its coverage is limited. It covers only rules on how to establish and manage digital branches of existing banks. Not yet available are special arrangements for the establishment of digital commercial banks or neo-banks. This paper discusses the possibility of establishing digital banks in Indonesia. By perusing the prevailing laws and regulations, and re-evaluate what exist, the author reached the conclusion that the Bank Law should be changed to accommodate this new trend. The prevailing OJK regulation apparently does not suffice as the legal basis for the establishment and operation of digital system of the Bank-Ied model, the Telco-Ied Model or the Hybrid Model, or neo-bank. In addition, adequate arrangements are needed regarding online dispute resolution, and imposition of sanctions.
{"title":"RE-EVALUASI PENDIRIAN BANK DIGITAL DI INDONESIA: PARADIGMA, KONSEP DAN REGULASI","authors":"Reka Dewantara, Hany Ayunda Mernisi Sitorus","doi":"10.25123/vej.v8i2.5433","DOIUrl":"https://doi.org/10.25123/vej.v8i2.5433","url":null,"abstract":"The Financial Services Authority, anticipating the movement towards digital (bank 5.0), issued Regulation no. 12/POJK.03/2021 concerning Commercial Banks. However, its coverage is limited. It covers only rules on how to establish and manage digital branches of existing banks. Not yet available are special arrangements for the establishment of digital commercial banks or neo-banks. This paper discusses the possibility of establishing digital banks in Indonesia. By perusing the prevailing laws and regulations, and re-evaluate what exist, the author reached the conclusion that the Bank Law should be changed to accommodate this new trend. The prevailing OJK regulation apparently does not suffice as the legal basis for the establishment and operation of digital system of the Bank-Ied model, the Telco-Ied Model or the Hybrid Model, or neo-bank. In addition, adequate arrangements are needed regarding online dispute resolution, and imposition of sanctions.","PeriodicalId":32446,"journal":{"name":"Veritas et Justitia","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-12-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44820895","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}
In criminal law, “criminalization” is defined as a process of determining certain conduct as a criminal offense through legislation. This doctrinal legal research article describes and analyzes the criteria for criminalization as promulgated by Moeljatno, Sudarto, Theo de Roos, and Iris Haenen. Moeljatno’s criteria are: 1) the conduct is harmful to the public, 2) criminalization is the primary means to deter the harmful conduct, and 3) the government’s ability to effectively enforce the criminal provision. Sudarto promulgates three criteria: 1) harmfulness of the conduct, 2) cost and benefit analysis, and 3) law enforcement burden. Furthermore, Theo de Roos’ six criteria are: 1) feasibility and motivation of harm, 2) tolerance, 3) subsidiarity, 4) proportionality, 5) legality, and 6) practical applicability and effectiveness. Lastly, based on de Roos’ typology Iris Haenen formulates three criteria: 1) primary criteria, which contains “threshold principles”: the conduct must be a) harmful and b) wrongful, 2) secondary criteria, which contains “moderating principles”: proportionality, subsidiarity, and effectiveness, and 3) legality criterion (lex certa). The criteria for criminalization can be employed by the legislators and general public in scrutinizing the feasibility of criminalization of a conduct, to ensure that only the conducts which meet all the criteria that can be criminalized. Only by doing so will the practice of criminalization adhere to the ultimum remedium principle and deter unnecessary criminalization and overcriminalization.
在刑法中，“刑事化”被定义为通过立法确定某种行为为刑事犯罪的过程。这篇理论法学研究文章描述并分析了Moeljatno、Sudarto、Theo de Roos和Iris Haenen所颁布的定罪标准。Moeljatno的标准是:1)行为对公众有害，2)刑事定罪是阻止有害行为的主要手段，3)政府有效执行刑事条款的能力。Sudarto颁布了三个标准:1)行为的危害性，2)成本和收益分析，3)执法负担。此外，Theo de Roos的六个标准是:1)伤害的可行性和动机，2)容忍度，3)辅助性，4)相称性，5)合法性，6)实用性和有效性。最后，基于de Roos的类型学，Iris Haenen制定了三个标准:1)主要标准，包含“门槛原则”:行为必须是a)有害的和b)错误的;2)次要标准，包含“调节原则”:比例性、辅助性和有效性;3)合法性标准(lex certa)。立法者和一般公众在审查将一种行为定为刑事犯罪的可行性时可采用定为刑事犯罪的标准，以确保只有符合所有标准的行为才能定为刑事犯罪。只有这样，刑事定罪实践才能坚持最后补救原则，防止不必要的刑事定罪和过度刑事定罪。
{"title":"KRITERIA KRIMINALISASI: ANALISIS PEMIKIRAN MOELJATNO, SUDARTO, THEO DE ROOS, DAN IRIS HAENEN","authors":"Dion Valerian","doi":"10.25123/vej.v8i2.4923","DOIUrl":"https://doi.org/10.25123/vej.v8i2.4923","url":null,"abstract":"In criminal law, “criminalization” is defined as a process of determining certain conduct as a criminal offense through legislation. This doctrinal legal research article describes and analyzes the criteria for criminalization as promulgated by Moeljatno, Sudarto, Theo de Roos, and Iris Haenen. Moeljatno’s criteria are: 1) the conduct is harmful to the public, 2) criminalization is the primary means to deter the harmful conduct, and 3) the government’s ability to effectively enforce the criminal provision. Sudarto promulgates three criteria: 1) harmfulness of the conduct, 2) cost and benefit analysis, and 3) law enforcement burden. Furthermore, Theo de Roos’ six criteria are: 1) feasibility and motivation of harm, 2) tolerance, 3) subsidiarity, 4) proportionality, 5) legality, and 6) practical applicability and effectiveness. Lastly, based on de Roos’ typology Iris Haenen formulates three criteria: 1) primary criteria, which contains “threshold principles”: the conduct must be a) harmful and b) wrongful, 2) secondary criteria, which contains “moderating principles”: proportionality, subsidiarity, and effectiveness, and 3) legality criterion (lex certa). The criteria for criminalization can be employed by the legislators and general public in scrutinizing the feasibility of criminalization of a conduct, to ensure that only the conducts which meet all the criteria that can be criminalized. Only by doing so will the practice of criminalization adhere to the ultimum remedium principle and deter unnecessary criminalization and overcriminalization.","PeriodicalId":32446,"journal":{"name":"Veritas et Justitia","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-12-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42866498","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 digitalization of the economy in Indonesia in the Covid-19 pandemic situation has further encouraged banks and business actors to make innovations in order to reduce direct contact with consumers of financial services, one of which is the presence of server-based electronic money. Users who use these services are required to fill in their personal data first. With the provision of personal data belonging to consumers of financial services or users, the issuer of server-based electronic money has an obligation to protect users' personal data so that unauthorized dissemination or misuse of data does not occur. The widespread use of server-based electronic money in public activities makes provisions related to the protection of personal data important in order to protect users. However, it is necessary to examine whether the provisions on the protection of personal data of financial service consumers on server-based electronic money have met best practices. To answer these problems, research was conducted using normative juridical methods sourced from library materials. The results of the research obtained are the protection of personal data of consumers of financial services on server-based electronic money has been regulated in regulations that aim to protect users' personal data. The regulation has adopted the principles of personal data regulation as well as the General Data Protection Regulation (GDPR) and the existing laws and regulations in Indonesia. These regulations play a role in protecting the rights of users regarding their personal data such as the right to assimilate or withdraw the consent that has been given previously.
{"title":"PENGATURAN PERLINDUNGAN DATA PRIBADI KONSUMEN JASA KEUANGAN DALAM PENGGUNAAN UANG ELEKTRONIK BERBASIS SERVER","authors":"Sukarelawati Permana","doi":"10.25123/vej.v8i2.5213","DOIUrl":"https://doi.org/10.25123/vej.v8i2.5213","url":null,"abstract":"The digitalization of the economy in Indonesia in the Covid-19 pandemic situation has further encouraged banks and business actors to make innovations in order to reduce direct contact with consumers of financial services, one of which is the presence of server-based electronic money. Users who use these services are required to fill in their personal data first. With the provision of personal data belonging to consumers of financial services or users, the issuer of server-based electronic money has an obligation to protect users' personal data so that unauthorized dissemination or misuse of data does not occur. The widespread use of server-based electronic money in public activities makes provisions related to the protection of personal data important in order to protect users. However, it is necessary to examine whether the provisions on the protection of personal data of financial service consumers on server-based electronic money have met best practices. To answer these problems, research was conducted using normative juridical methods sourced from library materials. The results of the research obtained are the protection of personal data of consumers of financial services on server-based electronic money has been regulated in regulations that aim to protect users' personal data. The regulation has adopted the principles of personal data regulation as well as the General Data Protection Regulation (GDPR) and the existing laws and regulations in Indonesia. These regulations play a role in protecting the rights of users regarding their personal data such as the right to assimilate or withdraw the consent that has been given previously.","PeriodicalId":32446,"journal":{"name":"Veritas et Justitia","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-12-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45842451","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}
Limited Liability Companies in Indonesia, under the applicable law (Law 40/2007 and PP 47/2021), are under the obligation to realize its corporate social responsibility. The idea of CSR is to force the company to make it presence felt beneficially by the local community and wider society. Unfortunately, not all companies are willing and able to meet its corporate social responsibility, or even if they chose to do so, proportionality is disregard. This paper, using Rudolph von Jhering's point of view, explores and identifies what legal or non-legal factors hinders the implementation of CSR.
{"title":"AKIBAT HUKUM DAN KEKABURAN NORMA DALAM PENGATURAN UNDANG-UNDANG TENTANG TANGGUNG JAWAB SOSIAL PERSEROAN TERBATAS","authors":"Dhaniswara K. Harjono","doi":"10.25123/vej.v8i2.5742","DOIUrl":"https://doi.org/10.25123/vej.v8i2.5742","url":null,"abstract":"Limited Liability Companies in Indonesia, under the applicable law (Law 40/2007 and PP 47/2021), are under the obligation to realize its corporate social responsibility. The idea of CSR is to force the company to make it presence felt beneficially by the local community and wider society. Unfortunately, not all companies are willing and able to meet its corporate social responsibility, or even if they chose to do so, proportionality is disregard. This paper, using Rudolph von Jhering's point of view, explores and identifies what legal or non-legal factors hinders the implementation of CSR.","PeriodicalId":32446,"journal":{"name":"Veritas et Justitia","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-12-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47023713","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 employment agreement between local staff and Representatives of Foreign Countries (RFC) is very problematic, because many people believe that a RFC has the immunity to be sued before the court where the RFC is located. Applicability of this immunity to employment agreement’s disputes between the local staff and the RFC is debatable. This paper will examine restrictions on the application of the principle of immunity in employment agreements, and how these exemptions impact legal protection for local staff. Therefore, using the normative/doctrinal approach, this paper will discuss the meaning of the immunity principle and its application in the employment relationship between RFC and local staff; the jurisdiction of the local court to resolve disputes between local staff and the RFC; and the impact of the limitation of the principle of immunity to the legal protection that will be provided to local staff with RFCs. Those will be seen both in regulations, court decision and opinio-doctorum. Finally, this paper will recommend parameters for determining the criteria to limit the application of the immunity principle in the employment agreement.
{"title":"DAMPAK ASAS IMUNITAS TERHADAP PENYELESAIAN PERSELISIHAN HUBUNGAN KERJA ANTARA PEGAWAI SETEMPAT (LOCAL STAFF) DENGAN PERWAKILAN NEGARA ASING","authors":"Ida Susanti","doi":"10.25123/vej.v8i1.4668","DOIUrl":"https://doi.org/10.25123/vej.v8i1.4668","url":null,"abstract":"The employment agreement between local staff and Representatives of Foreign Countries (RFC) is very problematic, because many people believe that a RFC has the immunity to be sued before the court where the RFC is located. Applicability of this immunity to employment agreement’s disputes between the local staff and the RFC is debatable. This paper will examine restrictions on the application of the principle of immunity in employment agreements, and how these exemptions impact legal protection for local staff. Therefore, using the normative/doctrinal approach, this paper will discuss the meaning of the immunity principle and its application in the employment relationship between RFC and local staff; the jurisdiction of the local court to resolve disputes between local staff and the RFC; and the impact of the limitation of the principle of immunity to the legal protection that will be provided to local staff with RFCs. Those will be seen both in regulations, court decision and opinio-doctorum. Finally, this paper will recommend parameters for determining the criteria to limit the application of the immunity principle in the employment agreement.","PeriodicalId":32446,"journal":{"name":"Veritas et Justitia","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-06-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46129228","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：