Pub Date : 2019-10-01DOI: 10.20961/YUSTISIA.V8I2.25246
D. Rahayu, Syamsul Fatoni
This article examines efforts to protect and deal with government, law enforcement agencies and assistants or NGOs in preventing and eradicating commercial sexual exploitation of children (CSEC). In Indonesia there are many child trafficking in border areas and cities like Surabaya, which are identified as sending, transit and destination cities. The research type used is the juridical empirical study namely the effectiveness research of regulations enforcement on child protection. Primary data obtained from experience experienced by children and the family, law enforcement, government and companion Non Governmental Organization (NGO). Data collection techniques carried out by the interview method and FGD. The results showed that the commercial sexual exploitation of children is an act of human trafficking because the purpose of sexual action is to obtain money or other goods with the children, sex service users, liaison and related parties. The highest educated victims of Commercial Sexual Exploitation of Children (CSEC) are high school and are in an economically inadequate condition, broken home, and the influence of uncontrolled social media.
{"title":"COMMERCIAL SEXUAL EXPLOITATION OF CHILDREN: AN EFFORT OF HANDLING AND LEGAL PROTECTION","authors":"D. Rahayu, Syamsul Fatoni","doi":"10.20961/YUSTISIA.V8I2.25246","DOIUrl":"https://doi.org/10.20961/YUSTISIA.V8I2.25246","url":null,"abstract":"This article examines efforts to protect and deal with government, law enforcement agencies and assistants or NGOs in preventing and eradicating commercial sexual exploitation of children (CSEC). In Indonesia there are many child trafficking in border areas and cities like Surabaya, which are identified as sending, transit and destination cities. The research type used is the juridical empirical study namely the effectiveness research of regulations enforcement on child protection. Primary data obtained from experience experienced by children and the family, law enforcement, government and companion Non Governmental Organization (NGO). Data collection techniques carried out by the interview method and FGD. The results showed that the commercial sexual exploitation of children is an act of human trafficking because the purpose of sexual action is to obtain money or other goods with the children, sex service users, liaison and related parties. The highest educated victims of Commercial Sexual Exploitation of Children (CSEC) are high school and are in an economically inadequate condition, broken home, and the influence of uncontrolled social media. ","PeriodicalId":33244,"journal":{"name":"Yustisia","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42321465","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 : 2019-10-01DOI: 10.20961/YUSTISIA.V8I2.26136
Putri Anggia
The journey of Indonesian taxation is full of dynamics in order to get the State's revenue target as the main source of the country's economy. Furthermore fulfillment of the country's income depends on ongoing policies. However Indonesian people does not found a point that the obligation to pay taxes is a form of voluntary awareness as citizens. This was captured by the Government as one of the points that must be observed and acted upon. The Minister of Finance Decree Number 36 / KMK.01 / 2014 concerning the Blueprint of the Ministry of Finance's Transformation Program for 2014-2025 provides space to take several steps in an effort to increase understanding of tax awareness through education. This study aims to examine in depth about tax education in the tax law system in Indonesia. The methodology used in this study is literature study that the data collection techniques, and library research aim to examine primary legal materials, secondary legal materials, and tertiary legal materials. The library materials are summarized and analyzed. This research found an assertive concept that was applied massively, consistently, and could be accepted by every society in order to succeed the goal of achieving tax awareness. It is tax compliance.
{"title":"ACHIEVING OF INCOME TAX WITH AWARENESS OF TAXATION IN INDONESIA'S TAX LAW SYSTEM","authors":"Putri Anggia","doi":"10.20961/YUSTISIA.V8I2.26136","DOIUrl":"https://doi.org/10.20961/YUSTISIA.V8I2.26136","url":null,"abstract":"The journey of Indonesian taxation is full of dynamics in order to get the State's revenue target as the main source of the country's economy. Furthermore fulfillment of the country's income depends on ongoing policies. However Indonesian people does not found a point that the obligation to pay taxes is a form of voluntary awareness as citizens. This was captured by the Government as one of the points that must be observed and acted upon. The Minister of Finance Decree Number 36 / KMK.01 / 2014 concerning the Blueprint of the Ministry of Finance's Transformation Program for 2014-2025 provides space to take several steps in an effort to increase understanding of tax awareness through education. This study aims to examine in depth about tax education in the tax law system in Indonesia. The methodology used in this study is literature study that the data collection techniques, and library research aim to examine primary legal materials, secondary legal materials, and tertiary legal materials. The library materials are summarized and analyzed. This research found an assertive concept that was applied massively, consistently, and could be accepted by every society in order to succeed the goal of achieving tax awareness. It is tax compliance.","PeriodicalId":33244,"journal":{"name":"Yustisia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48140734","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 : 2019-10-01DOI: 10.20961/YUSTISIA.V8I2.19470
A. S. Sudarwanto, Grace Ayu Purwosutedjo
This study discusses the law of transporting goods at sea by using a document of charge called Bill of Lading known in common law system is from the 16th century. The research is taken based on the empirical type by showing evidence obtained from the field then analyzed based on bibliography and theory which exists. The result of the research is that each of the international regulations studied does not describe explicitly what the rights and obligations of exporters and importers. However, the B/L contract on the back describes the rights and obligations of exporters and importers as "merchants". Then the results of research that Efficiency is achieved by reason if B/L has been published, No weight miscommunication, Parties abide by applicable legislation, Not falsely signing, Storing B/L in a safe place so as not to disappear, Consistent premises B/L not to be amended, Exporters researching weight standards of goods to be shipped according to ship type, Exporters studying freight forwarding companies in order to manage customs clearance, Selecting the right insurance company to be trusted, Paying attention to the cost of deviation for the benefit of shipping For carrier, Use safe payment method to avoid any more cost when transaction insecurity, Use Surrender B/L model to avoid loading time at loading and unloading ports, Checking documentation of payload including B/L whether complete or not to avoid arrest goods in Customs area, Conduct a container inspection to avoid leakage, and Prevent assignment to less competent workforce to handle cargo documents.
{"title":"Bill of Lading in Transporting Goods at Sea to Envisage an Efficiency of Export and Import Transaction","authors":"A. S. Sudarwanto, Grace Ayu Purwosutedjo","doi":"10.20961/YUSTISIA.V8I2.19470","DOIUrl":"https://doi.org/10.20961/YUSTISIA.V8I2.19470","url":null,"abstract":"This study discusses the law of transporting goods at sea by using a document of charge called Bill of Lading known in common law system is from the 16th century. The research is taken based on the empirical type by showing evidence obtained from the field then analyzed based on bibliography and theory which exists. The result of the research is that each of the international regulations studied does not describe explicitly what the rights and obligations of exporters and importers. However, the B/L contract on the back describes the rights and obligations of exporters and importers as \"merchants\". Then the results of research that Efficiency is achieved by reason if B/L has been published, No weight miscommunication, Parties abide by applicable legislation, Not falsely signing, Storing B/L in a safe place so as not to disappear, Consistent premises B/L not to be amended, Exporters researching weight standards of goods to be shipped according to ship type, Exporters studying freight forwarding companies in order to manage customs clearance, Selecting the right insurance company to be trusted, Paying attention to the cost of deviation for the benefit of shipping For carrier, Use safe payment method to avoid any more cost when transaction insecurity, Use Surrender B/L model to avoid loading time at loading and unloading ports, Checking documentation of payload including B/L whether complete or not to avoid arrest goods in Customs area, Conduct a container inspection to avoid leakage, and Prevent assignment to less competent workforce to handle cargo documents.","PeriodicalId":33244,"journal":{"name":"Yustisia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48366314","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 : 2019-10-01DOI: 10.20961/YUSTISIA.V8I2.34156
Pujiyono, U. Pati
Online transportation shall provide a security, comfort and safety guarantee for service users, however it is not performed in the application. Service users still havenot guaranteed their rights as consumers. In the case the consumer suffers a loss, itis remain undetermined how compensation may be granted, therefore it demandsan equal legal protection. Facing this condition, Law Number 8 of 1999 on TheConsumer Protection has not yet stipulated slear provision regarding this matter,likewise the online transportation service users and service providers are only boundin limited aspects. The research method of this reasearch is normative legal researchonly focusing on the issues raised, discussed and elaborated with applying the rulesor norms in positive law, using Statutory Approaches and Conceptual Approaches,with primary and secondary legal materials. The data collection technique used isliterature study. The analysis technique used is the deductive method. The resultsshowed that there was an legal relationship between service users and onlinetransportation service providers. Consumers have the right to get protection in theform of responsibility for information, legal responsibility for services providedand responsibility for security and comfort. However, for the losses suffered, legalprotection for losses incurred by passengers in online transportation mode is still poordue to lack of regulations and the undetermined standard regulations specifically inregulating online transportation modes.
{"title":"LEGAL PROTECTION FOR THE LOSS OF THE PASSENGER OF ONLINE TRANSPORTATION","authors":"Pujiyono, U. Pati","doi":"10.20961/YUSTISIA.V8I2.34156","DOIUrl":"https://doi.org/10.20961/YUSTISIA.V8I2.34156","url":null,"abstract":"Online transportation shall provide a security, comfort and safety guarantee for service users, however it is not performed in the application. Service users still havenot guaranteed their rights as consumers. In the case the consumer suffers a loss, itis remain undetermined how compensation may be granted, therefore it demandsan equal legal protection. Facing this condition, Law Number 8 of 1999 on TheConsumer Protection has not yet stipulated slear provision regarding this matter,likewise the online transportation service users and service providers are only boundin limited aspects. The research method of this reasearch is normative legal researchonly focusing on the issues raised, discussed and elaborated with applying the rulesor norms in positive law, using Statutory Approaches and Conceptual Approaches,with primary and secondary legal materials. The data collection technique used isliterature study. The analysis technique used is the deductive method. The resultsshowed that there was an legal relationship between service users and onlinetransportation service providers. Consumers have the right to get protection in theform of responsibility for information, legal responsibility for services providedand responsibility for security and comfort. However, for the losses suffered, legalprotection for losses incurred by passengers in online transportation mode is still poordue to lack of regulations and the undetermined standard regulations specifically inregulating online transportation modes.","PeriodicalId":33244,"journal":{"name":"Yustisia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44551772","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 : 2019-10-01DOI: 10.20961/YUSTISIA.V8I2.32522
Mohamad Pandu Ristiyono, Ratna Nurhayati
This article examines the implication of Copyright Law and Book Law implementation of the service in the library. The research method used is normative juridical legal. Thecorrelation between the Book Law, Law on Handover of Print and Recorded Worksand the Library Law, both are lex specialist derogate generalist of the CopyrightLaw or not, according to the author is the adoption or depiction of the fair use andfair dealing doctrine as which is the social function of copyright. The CopyrightLaw provides protection for Author and Copyright Holder with exclusive rights tobe exploited. Related to the Law on Handover of Print and Record Works whichgives the obligation of the Author or Copyright Holder to deposit their work for thepurpose of preservation and other social purposes to the library which is regulatedin the Library Law
{"title":"COMPARATIVE STUDY OF IMPLICATION FOR IMPLEMENTING COPYRIGHT LAW AND BOOK LAW IN THE LIBRARY COLLECTION SERVICE","authors":"Mohamad Pandu Ristiyono, Ratna Nurhayati","doi":"10.20961/YUSTISIA.V8I2.32522","DOIUrl":"https://doi.org/10.20961/YUSTISIA.V8I2.32522","url":null,"abstract":"This article examines the implication of Copyright Law and Book Law implementation of the service in the library. The research method used is normative juridical legal. Thecorrelation between the Book Law, Law on Handover of Print and Recorded Worksand the Library Law, both are lex specialist derogate generalist of the CopyrightLaw or not, according to the author is the adoption or depiction of the fair use andfair dealing doctrine as which is the social function of copyright. The CopyrightLaw provides protection for Author and Copyright Holder with exclusive rights tobe exploited. Related to the Law on Handover of Print and Record Works whichgives the obligation of the Author or Copyright Holder to deposit their work for thepurpose of preservation and other social purposes to the library which is regulatedin the Library Law","PeriodicalId":33244,"journal":{"name":"Yustisia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47419004","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 : 2019-10-01DOI: 10.20961/YUSTISIA.V8I2.21604
Gerald Aldytia Bunga, Elisabeth Nirmalasari Bota Tukan
Implementation of state defense in Indonesia can be implemented in military and non-military. Civilians can also be involved in state defense including in thoseconducted militarily, therefore this study is aimed at examining how national lawarrangements regulate the involvement of civilians in state defense which may beinvolved in military defense and how international humanitarian law regulates theinvolvement of civilians. This research uses normative legal research. The result ofthe research shows that involvement of civilians in military state defense can affectthem losing the protection they should enjoy in armed conflict.
{"title":"LEGAL IMPACT OF STATE DEFENSE ON INDONESIAN CITIZEN IN INTERNATIONAL HUMANITARIAN LAW PRESPECTIVE","authors":"Gerald Aldytia Bunga, Elisabeth Nirmalasari Bota Tukan","doi":"10.20961/YUSTISIA.V8I2.21604","DOIUrl":"https://doi.org/10.20961/YUSTISIA.V8I2.21604","url":null,"abstract":"Implementation of state defense in Indonesia can be implemented in military and non-military. Civilians can also be involved in state defense including in thoseconducted militarily, therefore this study is aimed at examining how national lawarrangements regulate the involvement of civilians in state defense which may beinvolved in military defense and how international humanitarian law regulates theinvolvement of civilians. This research uses normative legal research. The result ofthe research shows that involvement of civilians in military state defense can affectthem losing the protection they should enjoy in armed conflict.","PeriodicalId":33244,"journal":{"name":"Yustisia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47925154","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 : 2019-10-01DOI: 10.20961/YUSTISIA.V8I2.20162
R. A. Fitriono, Sarwono
This article aimed to analyze legal protection of Lurik Art Conservation Through Intellectual Property Rights in Klaten Regency. Klaten is the area that is mostconcerned with the survival of lurik weaving. There is someone mentioned that theKlaten Regency was the capital of lurik weaving. Because the weaving of Loomsare not machines or Alat Tenun Bukan Mesin (hereinafter abbreviated to ATBM) is a mainstay of this city. There are countless villages that become centers of lurik craftsmen. This research is empirical or non-doctrinal research, which is a studythat sees the law not only from the perspective of legislation, but also sees the lawin its implementation. The results of the study show that the first legal protection inpreserving the current lurik art in Klaten, namely the Klaten Regency Government,then stipulates the Regent's Regulation Number 53 of 2010 Article 23 Paragraph (9)on the Daily Batik and Traditional Weaving Lurik Service or ATBM Striated andthe Klaten Regent's Decree Number : 065/1014/06 December 30, 2010 on WearingTraditional Weaving, Motives, Colors and Free Models with Attributes. Furthermore,based on the Decree of the Regent of Klaten Number 050/84 of 2016 on KlatenRegency's Superior Products, batik striated is one of the superior products of KlatenRegency. With the issuance of these rules as an effort to protect and preserve lurikart in Klaten district and referring to Law Number 28 of 2014 on Copyright, it hasregulated the forms of protection of lurik art in Klaten through Article 40 paragraph(1). The Second Protection of Intellectual Property Rights Against Lurik Art, namelyProtection of lurik artworks, besides being accommodated in Law Number 28 of 2014on Copyright (Copyright Law) and Trademark Law and other intellectual propertyright laws. Elucidation of Article 40 paragraph (1) letter j of the Copyright Law. Thework is protected because it has artistic value, both in relation to the picture, style,and color composition. The Copyright Act also emphasizes that it is important toprotect Copyright because every creator, in this case, the creator of the lurik motifhas the right to moral rights and economic rights.
本文旨在从知识产权的角度来分析克拉廷摄政王时期Lurik艺术品保护的法律保护。克拉滕是与lurik编织的生存最相关的地区。有人提到，克拉廷摄政时期是lurik编织的首都。因为织布机不是机器或阿拉特Tenun Bukan Mesin(以下简称ATBM)的编织是这个城市的支柱。有无数的村庄成为了lurik工匠的中心。本研究是实证研究或非理论研究，既从立法的角度看法律，又从法律实施的角度看法律。研究结果表明，在克拉丹保存当前lurik艺术的第一个法律保护，即克拉丹摄政政府，随后规定了2010年第53号摄政条例第23条第(9)款关于日常蜡染和传统编织lurik服务或ATBM条纹和2010年12月30日克拉丹摄政法令第065/1014/06号关于穿着传统编织，动机，颜色和带有属性的自由模型。此外，根据2016年KlatenRegency法令第050/84号关于KlatenRegency优质产品的规定，蜡染条纹是KlatenRegency的优质产品之一。这些规则的颁布是为了保护和保存克拉滕地区的lurikart，并参考2014年第28号版权法，通过第40条第(1)款规范了克拉滕地区lurikart的保护形式。第二项针对Lurik艺术的知识产权保护，即对Lurik艺术作品的保护，这是2014年第28号《著作权法》(著作权法)和《商标法》等知识产权法的规定。对《著作权法》第四十条第一款第(六)项的阐释。该作品受到保护是因为它具有艺术价值，无论是在图片、风格还是色彩构成方面。《版权法》还强调了保护版权的重要性，因为每个创作者，在这种情况下，lurik主题的创作者都有精神权利和经济权利。
{"title":"LEGAL PROTECTION OF LURIK ART CONSERVATION THROUGH INTELLECTUAL PROPERTY RIGHTS 2 IN KLATEN REGENCYLEGAL PROTECTION OF LURIK ART CONSERVATION THROUGH INTELLECTUAL PROPERTY RIGHTS 2 IN KLATEN REGENCY","authors":"R. A. Fitriono, Sarwono","doi":"10.20961/YUSTISIA.V8I2.20162","DOIUrl":"https://doi.org/10.20961/YUSTISIA.V8I2.20162","url":null,"abstract":"This article aimed to analyze legal protection of Lurik Art Conservation Through Intellectual Property Rights in Klaten Regency. Klaten is the area that is mostconcerned with the survival of lurik weaving. There is someone mentioned that theKlaten Regency was the capital of lurik weaving. Because the weaving of Loomsare not machines or Alat Tenun Bukan Mesin (hereinafter abbreviated to ATBM) is a mainstay of this city. There are countless villages that become centers of lurik craftsmen. This research is empirical or non-doctrinal research, which is a studythat sees the law not only from the perspective of legislation, but also sees the lawin its implementation. The results of the study show that the first legal protection inpreserving the current lurik art in Klaten, namely the Klaten Regency Government,then stipulates the Regent's Regulation Number 53 of 2010 Article 23 Paragraph (9)on the Daily Batik and Traditional Weaving Lurik Service or ATBM Striated andthe Klaten Regent's Decree Number : 065/1014/06 December 30, 2010 on WearingTraditional Weaving, Motives, Colors and Free Models with Attributes. Furthermore,based on the Decree of the Regent of Klaten Number 050/84 of 2016 on KlatenRegency's Superior Products, batik striated is one of the superior products of KlatenRegency. With the issuance of these rules as an effort to protect and preserve lurikart in Klaten district and referring to Law Number 28 of 2014 on Copyright, it hasregulated the forms of protection of lurik art in Klaten through Article 40 paragraph(1). The Second Protection of Intellectual Property Rights Against Lurik Art, namelyProtection of lurik artworks, besides being accommodated in Law Number 28 of 2014on Copyright (Copyright Law) and Trademark Law and other intellectual propertyright laws. Elucidation of Article 40 paragraph (1) letter j of the Copyright Law. Thework is protected because it has artistic value, both in relation to the picture, style,and color composition. The Copyright Act also emphasizes that it is important toprotect Copyright because every creator, in this case, the creator of the lurik motifhas the right to moral rights and economic rights.","PeriodicalId":33244,"journal":{"name":"Yustisia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48184050","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 : 2019-10-01DOI: 10.20961/YUSTISIA.V8I2.28490
Vunieta, Walida Ahsana Haque
A dispute between two or more countries involved in a foreign investment may arisesfrom investment agreement agreed upon by the parties. If one of the parties breachesthe agreement, the parties will automatically agree to resolve the dispute to the agreedarbitration forum based on the dispute settlement clause on the agreement, thoseforum such as the ICSID arbitration. Therefore, the existence of dispute settlementclause on an investment agreement (Bilateral Investment Treaty) is very necessary.The result of the above-mentioned arbitration proceeding is a binding and finaldecision for the parties. An arbitral award, should contain relief or compensationset by the arbitrator as the result of the proceeding. The reliefs are given as orders toindemnify the damages obtained by Claimant. Issues arises when Respondent has beenproven to have done detrimental damage to the Claimant yet Respondent deliberatelyneglected his/her obligation to compensate Claimant accordingly based on the relief/compensation specified in the award. The non-compliance of the Respondent tofulfill the compensation obligation is due to the fact that the party habitually assumethat the arbitration award does not have the legal force equivalent to the decisionof general court, even though the nature of the award is final and binding. Thus theinterests and rights of the Applicant who has been declared entitled to compensationbased on the arbitration award must be protected so that their rights can be fulfilledaccording to the law.
{"title":"LEGAL PROTECTION AGAINST THE FAILURE TO COMPENSATE ON INTERNATIONAL INVESTMENT DISPUTE","authors":"Vunieta, Walida Ahsana Haque","doi":"10.20961/YUSTISIA.V8I2.28490","DOIUrl":"https://doi.org/10.20961/YUSTISIA.V8I2.28490","url":null,"abstract":"A dispute between two or more countries involved in a foreign investment may arisesfrom investment agreement agreed upon by the parties. If one of the parties breachesthe agreement, the parties will automatically agree to resolve the dispute to the agreedarbitration forum based on the dispute settlement clause on the agreement, thoseforum such as the ICSID arbitration. Therefore, the existence of dispute settlementclause on an investment agreement (Bilateral Investment Treaty) is very necessary.The result of the above-mentioned arbitration proceeding is a binding and finaldecision for the parties. An arbitral award, should contain relief or compensationset by the arbitrator as the result of the proceeding. The reliefs are given as orders toindemnify the damages obtained by Claimant. Issues arises when Respondent has beenproven to have done detrimental damage to the Claimant yet Respondent deliberatelyneglected his/her obligation to compensate Claimant accordingly based on the relief/compensation specified in the award. The non-compliance of the Respondent tofulfill the compensation obligation is due to the fact that the party habitually assumethat the arbitration award does not have the legal force equivalent to the decisionof general court, even though the nature of the award is final and binding. Thus theinterests and rights of the Applicant who has been declared entitled to compensationbased on the arbitration award must be protected so that their rights can be fulfilledaccording to the law.","PeriodicalId":33244,"journal":{"name":"Yustisia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46924394","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 : 2019-10-01DOI: 10.20961/YUSTISIA.V8I2.33700
Emad Mohammed Al-Amaren, Che Thalbi Ismail, Mohd Nordin bin Mohd Nor
As the wide range of international trade out-turn and diversity of the parties, causing banks have to create a new credit service, that is bank guarantees, to enhance the trust between the parties. By providing the security and ease, the beneficiary will obtain a certain amount of money from the bank and being independent from the other party. While the committed party provides insurance to the beneficiary as a guarantee for the implementation or good performance in accordance with agreed terms, in this situation, performance bonds are crucial to be considered as this tool has the principle of independence regarding the bank’s commitment, as such, could clarify one party obligation to provide money, services or goods to another party. Taking performance bonds as solution whereby accompanied the Guaranty (Al Kafala) and subordination imposed by the legal system, the lacunae of legal rules which govern performance bonds has created difficulties and may lead Judges to create the new relevant law. This article is aimed at studying how the Jordanian Judiciary deals with performance bonds, since there is no previous legal rules governing such bank contract.
{"title":"THE INTERPLAY BETWEEN PERFORMANCE BONDS AND THE PRINCIPLE OF INDEPENDENCE OF THE BANK'S COMMITMENT IN JORDAN","authors":"Emad Mohammed Al-Amaren, Che Thalbi Ismail, Mohd Nordin bin Mohd Nor","doi":"10.20961/YUSTISIA.V8I2.33700","DOIUrl":"https://doi.org/10.20961/YUSTISIA.V8I2.33700","url":null,"abstract":"As the wide range of international trade out-turn and diversity of the parties, causing banks have to create a new credit service, that is bank guarantees, to enhance the trust between the parties. By providing the security and ease, the beneficiary will obtain a certain amount of money from the bank and being independent from the other party. While the committed party provides insurance to the beneficiary as a guarantee for the implementation or good performance in accordance with agreed terms, in this situation, performance bonds are crucial to be considered as this tool has the principle of independence regarding the bank’s commitment, as such, could clarify one party obligation to provide money, services or goods to another party. Taking performance bonds as solution whereby accompanied the Guaranty (Al Kafala) and subordination imposed by the legal system, the lacunae of legal rules which govern performance bonds has created difficulties and may lead Judges to create the new relevant law. This article is aimed at studying how the Jordanian Judiciary deals with performance bonds, since there is no previous legal rules governing such bank contract.","PeriodicalId":33244,"journal":{"name":"Yustisia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48107949","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 : 2019-10-01DOI: 10.20961/YUSTISIA.V8I2.33610
T. Rejekiningsih, C. Muryani, Diana Lukitasari
This study was conducted to find out: (1) the agrarian history as a milestone of the agrarian policy in Indonesia; (2) the dynamics of agrarian policy as a drivingfactor for the agrarian reform; (3) agrarian policy as a means of transforming theagrarian reform in Indonesia. This study is a normative juridical legal researchwith a historical approach, in addition to use conjunctural approach to examine thecomplex, historically specific, of various agrarian policies. The study concludes that:(1) Agrarian history is an important part of the agrarian policy realization, beginningfrom Dutch colonialism along with the dominated agrarian resources and the raiseof peasant resistance against imperialism, this condition gave rise to the spirit ofnational movements and the birth of Law Number 5 of 1960 on The Agrarian BasicLaw (hereinafter abbreviated to UUPA) as the basis for agrarian policy in Indonesia;(2) Not all the agrarian policies are oriented towards the objectives of the UUPA, oftentime they cause problems in their application, among others its irrelevant to principlesof justice and people's welfare, land tenure disintegration, lack of certainty over theland rights, stand for the capital owners, opening up of foreign investors controllingagrarian sources, the designation of forest areas on people’s lands, nationalization ofthe plantations, repressive resolution of agrarian conflicts, and land certification whichlegalizes inequality land tenure structures; (3) agrarian policy is an important partof the process of realizing the agrarian reform, especially in the context of agrariantransformation towards the formation of a 'agrarian' society structure integrated intoeconomic pillars to improve people’s welfare.
{"title":"STUDY OF THE HISTORY AND DYNAMICS OF THE AGRARIAN POLICY IN TRANSFORMING THE INDONESIA’S AGRARIAN REFORM","authors":"T. Rejekiningsih, C. Muryani, Diana Lukitasari","doi":"10.20961/YUSTISIA.V8I2.33610","DOIUrl":"https://doi.org/10.20961/YUSTISIA.V8I2.33610","url":null,"abstract":"This study was conducted to find out: (1) the agrarian history as a milestone of the agrarian policy in Indonesia; (2) the dynamics of agrarian policy as a drivingfactor for the agrarian reform; (3) agrarian policy as a means of transforming theagrarian reform in Indonesia. This study is a normative juridical legal researchwith a historical approach, in addition to use conjunctural approach to examine thecomplex, historically specific, of various agrarian policies. The study concludes that:(1) Agrarian history is an important part of the agrarian policy realization, beginningfrom Dutch colonialism along with the dominated agrarian resources and the raiseof peasant resistance against imperialism, this condition gave rise to the spirit ofnational movements and the birth of Law Number 5 of 1960 on The Agrarian BasicLaw (hereinafter abbreviated to UUPA) as the basis for agrarian policy in Indonesia;(2) Not all the agrarian policies are oriented towards the objectives of the UUPA, oftentime they cause problems in their application, among others its irrelevant to principlesof justice and people's welfare, land tenure disintegration, lack of certainty over theland rights, stand for the capital owners, opening up of foreign investors controllingagrarian sources, the designation of forest areas on people’s lands, nationalization ofthe plantations, repressive resolution of agrarian conflicts, and land certification whichlegalizes inequality land tenure structures; (3) agrarian policy is an important partof the process of realizing the agrarian reform, especially in the context of agrariantransformation towards the formation of a 'agrarian' society structure integrated intoeconomic pillars to improve people’s welfare.","PeriodicalId":33244,"journal":{"name":"Yustisia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43241776","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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