Pub Date : 2019-04-27DOI: 10.20961/YUSTISIA.V0IXX.28346
Fadhilah Pijar Ash Shiddiq, Sinta Dewi Rosadi, R. Permata
Privacy, as a part of Human Rights, is the right of freedom of private matters. The basic concept of privacy is “the right to be let alone” which state that every individual have the right to have his own solitude without intervention. One of the most important information which also can be associated with Information Privacy is Personal Data that shall be protected as a form of protection to the privacy itself. Some of the personal data has been used as the requirements of the SIM Card Registration, thus making new problems regarding its personal data protection since the comprehensive regulation still covered only by the Ministral Regulation. Research method used in this paper is Descriptive Analytic in which the writer analyze the research object by explaining the situation and the condition of the personal data protection obtained from literatures on the facts that can be associated with the implementation of SIM Card Registration Policy according to Indonesia’s Positive Law and International Law. According to the result of the study, the Ministral Regulation already covered most of the basic data protection needed in the SIM card registration policy, however the protection provided by the Ministral Regulation still has not covered the third party involved. The Involvement of this third party is inevitable and should be protected immediatelyin order to prevent any abuse of personal data.
{"title":"THE EFFECTIVENESS OF THE MINISTER OF COMMUNICATION AND INFORMATICS REGULATION NUMBER 20 OF 2016 ON THE PROTECTION OF PERSONAL DATA IN ELECTRONIC SYSTEMS","authors":"Fadhilah Pijar Ash Shiddiq, Sinta Dewi Rosadi, R. Permata","doi":"10.20961/YUSTISIA.V0IXX.28346","DOIUrl":"https://doi.org/10.20961/YUSTISIA.V0IXX.28346","url":null,"abstract":"Privacy, as a part of Human Rights, is the right of freedom of private matters. The basic concept of privacy is “the right to be let alone” which state that every individual have the right to have his own solitude without intervention. One of the most important information which also can be associated with Information Privacy is Personal Data that shall be protected as a form of protection to the privacy itself. Some of the personal data has been used as the requirements of the SIM Card Registration, thus making new problems regarding its personal data protection since the comprehensive regulation still covered only by the Ministral Regulation. Research method used in this paper is Descriptive Analytic in which the writer analyze the research object by explaining the situation and the condition of the personal data protection obtained from literatures on the facts that can be associated with the implementation of SIM Card Registration Policy according to Indonesia’s Positive Law and International Law. According to the result of the study, the Ministral Regulation already covered most of the basic data protection needed in the SIM card registration policy, however the protection provided by the Ministral Regulation still has not covered the third party involved. The Involvement of this third party is inevitable and should be protected immediatelyin order to prevent any abuse of personal data.","PeriodicalId":33244,"journal":{"name":"Yustisia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-04-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43352974","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 : 2019-04-27DOI: 10.20961/YUSTISIA.V0IXX.29690
Masaru Suzuki
The topic of outside directors’ functions has been attracting significant attention for many years now, especially in the discussions about corporate governance reform in Japan. Over the last two decades, most listed Japanese companies have voluntarily introduced outside directors into their boardrooms, in line with the gradual change in an overall corporate governance system toward a monitoring board model moving away from the more traditional management board model. It appears the recent trend is for companies to add outside directors to their boards of directors to increase corporate values. In the midst of transforming the management board model into the monitoring board model, closely reexamining the functions of outside directors is necessary. What can be concluded from the lessons learned from recent corporate scandals and the discussions concerning the functions of outside directors is: (1) outside directors should be truly independent from the company’s management; and (2) outside directors need access to the company’s corporate information in order to prevent corporate scandals and to provide appropriate advice to the company’s management. This paper aims at considering how to make outside directors more effective and their roles more substantial, based on the history of corporate governance reform in Japan.
{"title":"JAPANESE CORPORATE GOVERNANCE REFORM : WHAT IS REQUIRED FOR EFFECTIVE FUNCTIONING OF OUTSIDE DIRECTORS ?","authors":"Masaru Suzuki","doi":"10.20961/YUSTISIA.V0IXX.29690","DOIUrl":"https://doi.org/10.20961/YUSTISIA.V0IXX.29690","url":null,"abstract":"The topic of outside directors’ functions has been attracting significant attention for many years now, especially in the discussions about corporate governance reform in Japan. Over the last two decades, most listed Japanese companies have voluntarily introduced outside directors into their boardrooms, in line with the gradual change in an overall corporate governance system toward a monitoring board model moving away from the more traditional management board model. It appears the recent trend is for companies to add outside directors to their boards of directors to increase corporate values. In the midst of transforming the management board model into the monitoring board model, closely reexamining the functions of outside directors is necessary. What can be concluded from the lessons learned from recent corporate scandals and the discussions concerning the functions of outside directors is: (1) outside directors should be truly independent from the company’s management; and (2) outside directors need access to the company’s corporate information in order to prevent corporate scandals and to provide appropriate advice to the company’s management. This paper aims at considering how to make outside directors more effective and their roles more substantial, based on the history of corporate governance reform in Japan.","PeriodicalId":33244,"journal":{"name":"Yustisia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-04-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43948096","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 : 2019-04-21DOI: 10.20961/YUSTISIA.V3I3.29276
D. Winarno, Rahayu Subekti, Rosita Candrakirana
The Act No. 16 year 1964 on Fisheries harvest-sharing regulated the policy of harvest-sharing on fisheries products in order to improve the welfare of the fishermen. However, the regulation seems to not running well, especially in Muncar District Banyuwangi Regency, where the fishermen were not familiar with the regulation and had their own customs on fisheries harvest-sharing which come across generations. This writing was applying the empirical legal study. The instruments were structured field interview towards fishermen, boat owner, and local government officials, which supported by literature review. Analysis was carried out by interactive model. This study found that the national regulation was unrecognized among the local fishermen and the harvest-sharing policy was based on their local customs. The harvest- sharing policy mostly was determined by the boat owner without former agreement. Therefore, the local government should supervise the application of the national regulation on harvest-sharing policy in order to improve the welfare status of the local fishermen. In addition, the ultimate social justice for the community will then be achieved.
{"title":"KEDUDUKAN HUKUM POSITIF INDONESIA TERHADAP KEBIASAAN MASYARAKAT NELAYAN DALAM KEBIJAKAN BAGI HASIL PERIKANAN DI KECAMATAN MUNCAR KABUPATEN BANYUWANGI","authors":"D. Winarno, Rahayu Subekti, Rosita Candrakirana","doi":"10.20961/YUSTISIA.V3I3.29276","DOIUrl":"https://doi.org/10.20961/YUSTISIA.V3I3.29276","url":null,"abstract":"The Act No. 16 year 1964 on Fisheries harvest-sharing regulated the policy of harvest-sharing on fisheries products in order to improve the welfare of the fishermen. However, the regulation seems to not running well, especially in Muncar District Banyuwangi Regency, where the fishermen were not familiar with the regulation and had their own customs on fisheries harvest-sharing which come across generations. This writing was applying the empirical legal study. The instruments were structured field interview towards fishermen, boat owner, and local government officials, which supported by literature review. Analysis was carried out by interactive model. This study found that the national regulation was unrecognized among the local fishermen and the harvest-sharing policy was based on their local customs. The harvest- sharing policy mostly was determined by the boat owner without former agreement. Therefore, the local government should supervise the application of the national regulation on harvest-sharing policy in order to improve the welfare status of the local fishermen. In addition, the ultimate social justice for the community will then be achieved.","PeriodicalId":33244,"journal":{"name":"Yustisia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-04-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46830876","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 : 2018-12-31DOI: 10.20961/YUSTISIA.V7I3.24610
Chanif Nurcholis, S. Kridasakti
The model of local governance has always changed since Indonesian independence, namely centralized and decentralized model. According to Law Number 23 of 2014 and Law Number 6 of 2014 the model of regional government returned to the traditional conservative centralized model. This model is not in accordance with the model of local government initiated by the founding fathers and norms of Article 18 of the 1945 Constitution and norms of Article 18, 18A and 18B of the 1945 Constitution of the Republic of Indonesia (after amendment). According to this problem, text research is conducted. The purpose of this study is to compare the models of local governance practiced since the colonial era until now with the model of local government conceived by the founding fathers and the 1945 Constitution. This research is a normative research with content analysis method. The result of the research is that the current system of local government deviates from the founding father conception (Muhammad Yamin, R. Soepomo, and Mohammad Hatta) and the 1945 Constitution. The conception of local government according to the founding fathers and the 1945 Constitution is modern urban decentralized regional government while the regional and village governments are regulated by Law Number 23 of 2014 on The Local Government juncto Law Number 6 of 2014 on The Village is a conservative and traditionally centralized of the local governance model.
{"title":"RECONSTRUCTION OF THE LOCAL GOVERNMENT MODEL BASED ON THE CONCEPT OF THE FOUNDING FATHERS AND THE 1945 CONSTITUTION JUNCTO THE 1945 CONSTITUTION OF THE REPUBLIC OF INDONESIA TOWARS MODERN LOCAL GOVERNMENT","authors":"Chanif Nurcholis, S. Kridasakti","doi":"10.20961/YUSTISIA.V7I3.24610","DOIUrl":"https://doi.org/10.20961/YUSTISIA.V7I3.24610","url":null,"abstract":"The model of local governance has always changed since Indonesian independence, namely centralized and decentralized model. According to Law Number 23 of 2014 and Law Number 6 of 2014 the model of regional government returned to the traditional conservative centralized model. This model is not in accordance with the model of local government initiated by the founding fathers and norms of Article 18 of the 1945 Constitution and norms of Article 18, 18A and 18B of the 1945 Constitution of the Republic of Indonesia (after amendment). According to this problem, text research is conducted. The purpose of this study is to compare the models of local governance practiced since the colonial era until now with the model of local government conceived by the founding fathers and the 1945 Constitution. This research is a normative research with content analysis method. The result of the research is that the current system of local government deviates from the founding father conception (Muhammad Yamin, R. Soepomo, and Mohammad Hatta) and the 1945 Constitution. The conception of local government according to the founding fathers and the 1945 Constitution is modern urban decentralized regional government while the regional and village governments are regulated by Law Number 23 of 2014 on The Local Government juncto Law Number 6 of 2014 on The Village is a conservative and traditionally centralized of the local governance model.","PeriodicalId":33244,"journal":{"name":"Yustisia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47859220","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 : 2018-12-31DOI: 10.20961/YUSTISIA.V7I3.24722
R. M. Sukmariningsih
This article is aimed to review constitutional awareness and decision-strengthening practice in judicial institutions. As it turns out in practice, however, the legal decisions are still debatable in reality. The practice of abuse of authority in the judiciary tends to damage the pillars of the judiciary and result in a decline in trust and certainly the authority of the judiciary against society. It is a normative legal research (doctrinal research). The approach used is qualitative analysis and the application of legislation. The results of research indicate that the strengthening of the judge’ decision can be started from the quality of decision through a comprehensive and mind-opened dimension, so that it is necessary to increase the pattern of development not only by the judges but also by all relevant stakeholders such as the Secretariat General and the Registrar Apparats. The focus of development is not only about knowledge but also it was conducted from all aspects such as mental and spiritual development that conducted continuously. The consequences of providing sufficient budget to realize it and in its implementation are conducted with full responsibility.
{"title":"EXAMINING CONSTITUTIONAL AWARENESS AND STRENGTHENING JUDICIAL INTEGRITY","authors":"R. M. Sukmariningsih","doi":"10.20961/YUSTISIA.V7I3.24722","DOIUrl":"https://doi.org/10.20961/YUSTISIA.V7I3.24722","url":null,"abstract":"This article is aimed to review constitutional awareness and decision-strengthening practice in judicial institutions. As it turns out in practice, however, the legal decisions are still debatable in reality. The practice of abuse of authority in the judiciary tends to damage the pillars of the judiciary and result in a decline in trust and certainly the authority of the judiciary against society. It is a normative legal research (doctrinal research). The approach used is qualitative analysis and the application of legislation. The results of research indicate that the strengthening of the judge’ decision can be started from the quality of decision through a comprehensive and mind-opened dimension, so that it is necessary to increase the pattern of development not only by the judges but also by all relevant stakeholders such as the Secretariat General and the Registrar Apparats. The focus of development is not only about knowledge but also it was conducted from all aspects such as mental and spiritual development that conducted continuously. The consequences of providing sufficient budget to realize it and in its implementation are conducted with full responsibility.","PeriodicalId":33244,"journal":{"name":"Yustisia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46336952","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 : 2018-12-31DOI: 10.20961/YUSTISIA.V7I3.19246
Budi Santoso
The implementation of the Industrial Relations Court verdict in the case of termination disputes which order employers to reinstate workers faces obstacles occasionally. This is caused by the reluctance of employers to comply with the verdict. This article aims to analyze the considered situations that the Industrial Relations Court needs to take into account in declaring a reinstatement decision in the case of termination disputes. Through the use of normative legal research methods with statutory, case, and conceptual approaches, it is concluded that such considerations include: the reinstatement of worker to his/her former job title is not appropriate if the position left by the worker has been filled by another worker; the reinstatement of worker is not appropriately provided if it may cause an unharmonious relationship between employers and workers; the reinstatement of worker is not appropriately provided if it causes prejudice to the worker; the reinstatement of worker is unsuitable if it will have a negative impact on the relationship between the worker and the other workers in the workplace; and/or the reinstatement of worker would be unsuitable if the worker has a confidentiality capacity for the company's secrets because the employer no longer trusts the worker.
{"title":"THE CIRCUMSTANCE THAT NEEDS TO BE CONSIDERED BY JUDGES OF INDUSTRIAL RELATION COURT IN DECIDING REINSTATE DECISION","authors":"Budi Santoso","doi":"10.20961/YUSTISIA.V7I3.19246","DOIUrl":"https://doi.org/10.20961/YUSTISIA.V7I3.19246","url":null,"abstract":"The implementation of the Industrial Relations Court verdict in the case of termination disputes which order employers to reinstate workers faces obstacles occasionally. This is caused by the reluctance of employers to comply with the verdict. This article aims to analyze the considered situations that the Industrial Relations Court needs to take into account in declaring a reinstatement decision in the case of termination disputes. Through the use of normative legal research methods with statutory, case, and conceptual approaches, it is concluded that such considerations include: the reinstatement of worker to his/her former job title is not appropriate if the position left by the worker has been filled by another worker; the reinstatement of worker is not appropriately provided if it may cause an unharmonious relationship between employers and workers; the reinstatement of worker is not appropriately provided if it causes prejudice to the worker; the reinstatement of worker is unsuitable if it will have a negative impact on the relationship between the worker and the other workers in the workplace; and/or the reinstatement of worker would be unsuitable if the worker has a confidentiality capacity for the company's secrets because the employer no longer trusts the worker.","PeriodicalId":33244,"journal":{"name":"Yustisia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41816991","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 : 2018-12-31DOI: 10.20961/YUSTISIA.V7I3.25778
Raja Sirait, Made Warka, Krisnadi Nasution, Otto Yudianto
The purpose of this study is to examine further regarding the legal accountability of the public accountants on financial statements in the Indonesian legal system. This research is important to conduct due to the public accounting profession that has a significant role to express opinions about fairness in all material matters, financial position, results of operations, changes in equity, and cash flows in accordance with general accounting principles accepted in Indonesia. In other words, the responsibility of public accountants is to express opinions on financial statements. Public accountants are responsible for planning and carrying out audits in order to obtain adequate assurance about whether the financial statements are free from material misstatement, whether caused by errors or fraud. Financial statements are the responsibility of management, and the public accounting profession cannot just be punished. This research is a normative legal research. The data used is secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. The data collection techniques use literature study, while data validation techniques use source criticism. The data is analyzed by using legal interpretation methods to obtain answers to the questions examined. The results show that a public accountant can have criminal and civil liability in carrying out the duties when publishing a company's financial statements.
{"title":"LEGAL ACCOUNTABILITY OF PUBLIC ACCOUNTANTS IN THE FINANCIAL STATEMENT BASED ON INDONESIA'S LEGAL SYSTEM","authors":"Raja Sirait, Made Warka, Krisnadi Nasution, Otto Yudianto","doi":"10.20961/YUSTISIA.V7I3.25778","DOIUrl":"https://doi.org/10.20961/YUSTISIA.V7I3.25778","url":null,"abstract":"The purpose of this study is to examine further regarding the legal accountability of the public accountants on financial statements in the Indonesian legal system. This research is important to conduct due to the public accounting profession that has a significant role to express opinions about fairness in all material matters, financial position, results of operations, changes in equity, and cash flows in accordance with general accounting principles accepted in Indonesia. In other words, the responsibility of public accountants is to express opinions on financial statements. Public accountants are responsible for planning and carrying out audits in order to obtain adequate assurance about whether the financial statements are free from material misstatement, whether caused by errors or fraud. Financial statements are the responsibility of management, and the public accounting profession cannot just be punished. This research is a normative legal research. The data used is secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. The data collection techniques use literature study, while data validation techniques use source criticism. The data is analyzed by using legal interpretation methods to obtain answers to the questions examined. The results show that a public accountant can have criminal and civil liability in carrying out the duties when publishing a company's financial statements.","PeriodicalId":33244,"journal":{"name":"Yustisia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41895473","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 : 2018-12-31DOI: 10.20961/YUSTISIA.V7I3.15282
Tata Wijayanta
This study aimed to identify and analyze (1) the regulation regarding the deadline for applications of bankruptcy, (2) the practice of the deadline regulation, and (3) the legal consequences when they do not heed the deadline. This research is a normative legal research supported by interviews with informants. The data were collected through documentation method with document study tool, while the data from the informants were collected through interviews by using interview manual tool. The secondary data were analyzed by content analysis with statute approach, while the analysis of the interview data was conducted through a qualitative analysis. The results and discussion show that the Bankruptcy and PKPU Act applies because the previous bankruptcy regulation was not effective because it did not regulate the deadline for settling bankruptcy, so that it’s a long period of time. The regulation of deadline for bankruptcy settlement in 2015 was largely complied with the provisions of law. 87% of the verdicts (14 out of 16 verdicts) were made within less than 60 days, while 13% (2 verdicts) were made beyond the time period specified by law. The Bankruptcy and PKPU Act does not regulate any legal sanctions/effects in relation to the deadline for judges who handle bankruptcy petitions, however, the common sanctioning relates to the assessment of the judges’ performance.
{"title":"DEADLINE SETTLEMENT OF PETITION FOR DECLARATION OF BANKRUPTCY BEFORE THE COMMERCIAL COURT AND THE LEGAL CONSEQUENCES ACCORDING TO LAW NUMBER 37 OF 2004 ON BANKRUPTCY AND SUSPENSION OF DEBT PAYMENT OBLIGATIONS","authors":"Tata Wijayanta","doi":"10.20961/YUSTISIA.V7I3.15282","DOIUrl":"https://doi.org/10.20961/YUSTISIA.V7I3.15282","url":null,"abstract":"This study aimed to identify and analyze (1) the regulation regarding the deadline for applications of bankruptcy, (2) the practice of the deadline regulation, and (3) the legal consequences when they do not heed the deadline. This research is a normative legal research supported by interviews with informants. The data were collected through documentation method with document study tool, while the data from the informants were collected through interviews by using interview manual tool. The secondary data were analyzed by content analysis with statute approach, while the analysis of the interview data was conducted through a qualitative analysis. The results and discussion show that the Bankruptcy and PKPU Act applies because the previous bankruptcy regulation was not effective because it did not regulate the deadline for settling bankruptcy, so that it’s a long period of time. The regulation of deadline for bankruptcy settlement in 2015 was largely complied with the provisions of law. 87% of the verdicts (14 out of 16 verdicts) were made within less than 60 days, while 13% (2 verdicts) were made beyond the time period specified by law. The Bankruptcy and PKPU Act does not regulate any legal sanctions/effects in relation to the deadline for judges who handle bankruptcy petitions, however, the common sanctioning relates to the assessment of the judges’ performance.","PeriodicalId":33244,"journal":{"name":"Yustisia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41565060","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 : 2018-12-31DOI: 10.20961/YUSTISIA.V7I3.26196
Emad Mohammed Al-Amaren
The contract generally means the consent of two wills to make a particular legal effect of giving or doing work or abstaining from work in return for material or in-kind compensation. As for the commercial nature of the contract, in the Jordanian civil law, the contract is considered commercial if it is included in the business stipulated in Article 6 of the Jordanian Trade Law. A contract is commercial if its subject matter is one of the acts provided for in article 6 of the Trade Law, as is the case with the purchase of movables for the purpose of selling them, and the agency commission and brokerage. On the international level, the commercial character of the contract comes closest to the extent to which the contract relates to international trade as the export or import of goods that regulate the movement of goods across the borders of one State. After the good study of the subject, we find that there are a number of questions or problems that accompany the determination of the internationality of the contract, including the extant of adequacy of the personal internationality, in addition to, whether the introduction of the purely national relationship to the jurisdiction of the foreign country lead to the internationalization of the relationship. The study will deal with international standards of the contract in different international theories and conventions. I will discuss the legal and economic standard in section I, the mixed standard in section II and the standards of the internationality of the contract in accordance to international conventions, especially the Vienna Conventions, The Hague Convention, the Rome Convention and the International Convention on International Arbitration in Section III.
{"title":"THE INTERNATIONALIZATION OF THE INTERNATIONAL CONTRACT ACCORDING TO INTERNATIONAL THEORIES AND CONVENTIONS","authors":"Emad Mohammed Al-Amaren","doi":"10.20961/YUSTISIA.V7I3.26196","DOIUrl":"https://doi.org/10.20961/YUSTISIA.V7I3.26196","url":null,"abstract":"The contract generally means the consent of two wills to make a particular legal effect of giving or doing work or abstaining from work in return for material or in-kind compensation. As for the commercial nature of the contract, in the Jordanian civil law, the contract is considered commercial if it is included in the business stipulated in Article 6 of the Jordanian Trade Law. A contract is commercial if its subject matter is one of the acts provided for in article 6 of the Trade Law, as is the case with the purchase of movables for the purpose of selling them, and the agency commission and brokerage. On the international level, the commercial character of the contract comes closest to the extent to which the contract relates to international trade as the export or import of goods that regulate the movement of goods across the borders of one State. After the good study of the subject, we find that there are a number of questions or problems that accompany the determination of the internationality of the contract, including the extant of adequacy of the personal internationality, in addition to, whether the introduction of the purely national relationship to the jurisdiction of the foreign country lead to the internationalization of the relationship. The study will deal with international standards of the contract in different international theories and conventions. I will discuss the legal and economic standard in section I, the mixed standard in section II and the standards of the internationality of the contract in accordance to international conventions, especially the Vienna Conventions, The Hague Convention, the Rome Convention and the International Convention on International Arbitration in Section III.","PeriodicalId":33244,"journal":{"name":"Yustisia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44299279","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 : 2018-12-31DOI: 10.20961/YUSTISIA.V7I3.21560
M. Wijaya, Komang Sutrisni
This study aims to analyze and formulate strategies for solving problems arising in the future towards the existence of natural attractions Pengempu Waterfall related to prevention of land use conversion in the tourist area of Pengempu Waterfall in the traditional village of Cau Belayu. Pengempu waterfall located in the area of Cau Belayu traditional village, Tabanan Regency, Bali Province is a new natural tourism area in the region. Besides having natural beauty that can be used as a tourist place, the Pengempu waterfall area is also a sacred area by Hindus to perform prayer activities, meditation and activities related to the spiritual. To preserve the existence of the Pengempu waterfall area so that it is not damaged by the negative impacts caused by tourism activities in the area, it is necessary to have customary law to protect the area of Pengempu waterfalls, because the existence of customary law by Balinese is very important for traditional life in Bali to organize the physical condition of the region and managing the social conditions of the community. The legal approach used in this study is an approach to the concept of legal pluralism. From the results of research that has been carried out, it was found that the existence of customary law to protect the area of Pengempu waterfall to touch the beliefs of the surrounding community in managing the Pengempu waterfall area to maintain the Pengempu waterfall area so that its sustainability has sufficiently dominant power.
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