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CRIMINAL LAW FUNCTIONALIZATION OF KIDNEY TRAFFICKING FOR TRANSPLANT PURPOSES 以移植为目的贩卖肾脏的刑法功能化
Pub Date : 2021-12-28 DOI: 10.26532/jph.v8i3.13389
T. Handayani
Kidney transplant is a complete therapy for people with terminal renal failure. The number of cases of terminal renal failure was not proportional to the available donors. Due to the lack of kidney donors, some people take advantage of this opportunity by commercializing their kidneys. In Indonesia's laws and regulations, it is clear that there is a prohibition on the trafficking of organs and or tissues for transplant purposes. Until now, cases of buying and selling of body organs or tissues have never reached the Court. Therefore, it is necessary to formulate a formulation regulating legal protection for all parties concerned. This article aims to analyze the criminal law's functionalization against the trafficking of kidneys for transplant purposes. The research was carried out with a normative juridical approach in a formulated policy structure, namely reviewing and analyzing regulations both in the Criminal Code including the draft criminal law 2005 as an ius constituendum and outside the Criminal Code, specifically regarding the regulation of trade in organs or tissues for transplant purposes. The result of this research is the functionalization of criminal law in the implementation of kidney trade to benefit transplants. Criminal law enforcement is to make criminal law functioned by legally processing the facts of organ trafficking in the field. This repressive action is intended to create a deterrent effect and is a long-term preventive measure so that it is hoped that there will be no more cases of trafficking in organs in the future. It is necessary to understand that the threat of punishment must remain an ultimum remedium, and is enforced if social control is not yet effective.
肾移植是终末期肾衰竭患者的一种完整的治疗方法。终末期肾功能衰竭的病例数与供体数量不成正比。由于缺乏肾脏捐赠者,一些人利用这个机会将他们的肾脏商业化。在印度尼西亚的法律和条例中,明确禁止为移植目的贩运器官和/或组织。迄今为止,法院从未收到买卖人体器官或组织的案件。因此,有必要制定一个规范各方法律保护的规定。本文旨在分析刑法对贩运肾脏移植的功能。这项研究是在制定的政策结构中采用规范的司法方法进行的,即审查和分析刑法中的规定,包括作为宪法的2005年刑法草案,以及刑法之外的规定,特别是关于用于移植目的的器官或组织贸易的规定。这项研究的结果是刑法在实施肾脏交易以获利移植中的功能化。刑事执法就是通过对器官买卖事实的合法处理,使刑法发挥作用。这一镇压行动的目的是产生威慑作用,是一项长期的预防措施,希望今后不再发生贩卖器官的案件。有必要了解,惩罚的威胁必须仍然是最后的补救办法,如果社会控制尚未有效,则必须加以实施。
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引用次数: 0
THE CONSTRUCTION OF TERRORISM PREVENTION IN LEGAL POLITICS 论法制政治中的恐怖主义预防建设
Pub Date : 2021-12-26 DOI: 10.26532/jph.v8i3.18768
Bahtiyar Efendi
Terrorism is a criminal act or extraordinary crime that is of concern to the world today, especially in Indonesia. Terrorism that has occurred in Indonesia recently has ideological, historical and political linkages and is part of the dynamics of the strategic environment at the global and regional levels. the approach method uses normative juridical, the results of the study state that the legal politics of eradicating criminal acts of terrorism in Indonesia is a proactive policy and anticipatory step that is based on prudence and is long-term in nature. The use of Act No. 15 of 2003 to regulate the eradication of criminal acts of terrorism is based on the consideration that the occurrence of terrorism in various places has caused material and immaterial losses and caused insecurity for the community. It can be stated that the government's policy to tackle criminal acts of terrorism is by taking legal steps, so that unwanted things can be anticipated.
恐怖主义是当今世界,特别是在印度尼西亚关注的一种犯罪行为或特别罪行。最近在印度尼西亚发生的恐怖主义具有意识形态、历史和政治联系,是全球和区域两级战略环境动态的一部分。该方法采用规范的司法方法,研究结果表明,印尼根除恐怖主义犯罪行为的法律政治是一项基于审慎和长期性质的积极政策和前瞻性步骤。使用2003年第15号法令来规范根除恐怖主义犯罪行为是基于这样一种考虑,即恐怖主义在各地的发生造成了物质和非物质损失,并给社区造成了不安全。可以说,政府打击恐怖主义犯罪行为的政策是采取法律措施,这样就可以预料到不必要的事情。
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引用次数: 0
THE IMPLEMENTATION OF PROGRESSIVE LAW AGAINST THE DEFENDANT ABILITY TO ACHIEVE SUBSTANTIVE JUSTICE 渐进式法律的实施不利于被告实现实体正义
Pub Date : 2021-12-26 DOI: 10.26532/jph.v8i3.18777
R. D. Widijowati
The enactment of the law in society aims to create justice, legal certainty, benefit and social empowerment for the community, to lead to the ideals of the court as a protector of society, the judge must always prioritize the 4 (four) legal objectives above in every decision he makes. This is in line with what the law is based on, namely the law for the welfare of the community. The poor are often victims of unfair law enforcement due to their ignorance of law enforcement and financial incompetence. The purpose of this study is to analyze the progressive law applied to poor defendants seeking substantive justice and to find out and analyze the state should be able to assist poor defendants in the judicial process in accordance with the rule of law principle. This research uses normative juridical method. Judges in deciding legal cases for the poor should have a progressive view, thus judges will conceptualize each article in the legislation not only as a statement about the existence of a causal (cause and effect) relationship that is straightforward according to logical law but also always contains moral substance originating from ethics and professionalism of judges.
在社会中制定法律的目的是为社会创造正义、法律确定性、利益和社会赋权,从而实现法院作为社会保护者的理想,法官在做出每一个决定时都必须优先考虑以上4(4)个法律目标。这符合法律的基础,即法律是为了社会的福利。穷人往往是执法不公的受害者,因为他们对执法的无知和财政上的无能。本研究的目的是分析进步法律适用于寻求实体正义的贫困被告,并根据法治原则找出和分析国家在司法过程中应该能够帮助贫困被告。本研究采用规范的法学方法。法官在为穷人裁断法律案件时应该有一个进步的观点,因此法官将立法中的每一条概念化,不仅是对因果关系存在的陈述,根据逻辑规律是直截了当的,而且总是包含着源于法官的伦理和职业精神的道德实质。
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引用次数: 0
THE LEGAL STRATEGY OF TREATING TELEMATICS CRIMES IN THE FIELD OF ELECTRONIC TRANSACTIONS IN GLOBAL TRADE 全球贸易中电子交易领域处理远程信息犯罪的法律策略
Pub Date : 2021-12-23 DOI: 10.26532/jph.v8i3.15743
D. Setiawan, Abdul Rohman, Fabian Fadhly Jambak, Alfiyan Umbara, Mia Oktafiani Mulia Oktafiani Mulia
Economic globalization that is sweeping the world today began with the development of transportation facilities and cross-border trade. One of the facilities in the internet world to support economic activity is Electronic Transactions. In Indonesia, problems that arise due to the use of transaction media through telematics technology continue without being followed by the existence of laws that regulate it (cyber law). This study aims to determine legal policies against crime in electronic transaction activities in various sources of positive criminal law in Indonesia and to determine strategies for overcoming telematics crimes in the field of electronic transactions in global trade. This research is a normative legal research that is finding a rule of law, legal principles, and legal doctrines in order to answer the legal issues faced. The results of this study explain the legal policy against crime in electronic transaction activities in various sources of positive criminal law in Indonesia carried out in two stages, namely the Applicative Stage and the Formulation Stage and explain the Legal Strategy for Combating Telematics Crime in the Field of Electronic Transactions in Global Trade which is carried out through the Penalty Policy and non-penal policy.
当今席卷全球的经济全球化始于交通运输设施和跨境贸易的发展。互联网世界中支持经济活动的设施之一是电子交易。在印度尼西亚,由于通过远程信息处理技术使用交易媒体而产生的问题继续存在,而没有相应的法律来规范它(网络法)。这项研究的目的是确定在印度尼西亚各种积极刑法来源中打击电子交易活动犯罪的法律政策,并确定在全球贸易电子交易领域克服远程信息犯罪的战略。这项研究是一项规范性的法律研究,它是为了回答所面临的法律问题而寻找法律规则、法律原则和法律学说。本研究的结果解释了印尼在积极刑法的各种来源中针对电子交易活动中犯罪的法律政策,分两个阶段进行,即适用阶段和制定阶段,并解释了在全球贸易电子交易领域打击远程信息犯罪的法律战略,这是通过惩罚政策和非刑事政策进行的。
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引用次数: 1
THE ESTABLISHMENT OF GEOGRAPHICAL INDICATION PROTECTION COMMUNITY (GIPC) AS A LEGAL PROTECTION MSME’S PRODUCTS 建立地理标志保护共同体(gipc),对中小微企业的产品进行法律保护
Pub Date : 2021-12-21 DOI: 10.26532/jph.v8i3.16320
Triyono Adi Saputro, Yudho Taruna Muryanto, Suraji Suraji
A geographical indication is a part of intellectual property rights (IPR), which plays an important role in international trade as a magnet for consumers for MSMEs' products. However, the geographical indication is still underestimated by MSME players; and therefore, this issue requires further attention and analysis as the efforts to study the essence and urgency of the Geographical Indication Protection Community (GIPC) in supporting the realization of legal protection in regencies and cities throughout Indonesia. To support the investigation process, a case-based approach is required with primary and secondary research material sources through literature studies that correlate with business actors, rule of law and government. This study is doctrinal or normative research with qualitative data analysis. Efforts to establish Geographical Indication Protection Community (GIPC) are significant in assisting local MSME players to register legal protection through geographical indications and bridge local MSME players, local government, and stakeholders in sharing resources or information that can increase product competitiveness in regencies and cities in Indonesia on both national and international market scales.
地理标志是知识产权的一部分,作为吸引中小微企业产品消费者的磁石,知识产权在国际贸易中发挥着重要作用。然而,中小微企业参与者仍然低估了地理标志;因此,这一问题需要进一步关注和分析,以研究地理标志保护共同体(GIPC)在支持在印度尼西亚各地的县和城市实现法律保护方面的本质和紧迫性。为了支持调查过程,需要一种基于案例的方法,通过与商业行为者、法治和政府相关的文献研究,获得主要和次要的研究材料来源。本研究为理论或规范性研究,采用定性数据分析。建立地理标志保护社区(GIPC)的努力对于协助当地中小微企业参与者通过地理标志注册法律保护,并为当地中小微微企业参与者、地方政府、,以及利益相关者共享资源或信息,以提高印度尼西亚各行政区和城市在国内和国际市场上的产品竞争力。
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引用次数: 1
SMALL CLAIM COURT : PRINCIPLE CONCRETIZATION IN LAWSUIT SETTLEMENT 小额索赔法院:诉讼解决中的原则具体化
Pub Date : 2021-12-17 DOI: 10.26532/jph.v8i3.18493
Peni Rinda
The purpose of this research is to examine the provisions of civil procedural law in settling a lawsuit, to know the form of simple, fast, and low-cost concretization in simple lawsuit settlement. The research method uses the research object of simple, fast, and low-cost concretization in the settlement of a simple claim, normative juridical approach, the type of data used in this study is secondary data, which is sourced from the literature. Secondary data consists of primary legal materials, secondary legal materials, legal material collection techniques carried out by literature and the internet, while the data analysis method is analyzed descriptively qualitatively. The results show that the provisions of civil procedural law in resolving claims in court so far have been using the basis of HIR, which do not differentiate between complicated and simple case examinations so that the time for settlement is the same. The process starting from submitting/registering a lawsuit, determining the day of trial by the head of the panel of judges, the parties being summoned appropriately, the trial, evidence to the verdict took a long time, namely 6 months (SUPREME COURT CIRCULAR No. 6 of 1992), so the Supreme Court issued SUPREME COURT CIRCULAR No. 2 of 2014 which provides a time limit for completing the case of five (5) months. The simple, fast, and low-cost principles of concretizing a small claim court can be seen in the settlement stage. Settlement of a simple lawsuit is divided into 4 (four) stages, namely: 1), preliminary stage, 2) stage of case examination, 3). The objection request stage and 4), the simple action decision stage. This simple lawsuit settlement process should take a maximum of 25 (twenty-five) days. The simple principle is embodied in the shortened settlement process mechanism, the fast principle is realized within 25 days of completion, a peace that does not use the provisions of Supreme Court rules No.1 of 2016, while the principle of low cost is realized from a simple settlement mechanism, will be affected by the cost of the case.
本研究的目的是考察我国民事诉讼法关于诉讼和解的规定,了解简易诉讼和解中简单、快捷、低成本的具体化形式。研究方法采用简单、快速、低成本的具体化研究对象解决简单索赔、规范的司法方法,本研究使用的数据类型为二手数据,来源于文献。二手资料包括一手法律资料、二手法律资料以及通过文献和网络进行的法律资料收集技术,而数据分析方法则是描述性定性分析。结果表明,到目前为止,我国民事诉讼法在法院解决诉讼请求方面的规定都是以HIR为基础的,不区分复杂和简单的案件审查,因此解决的时间是相同的。从提交/登记诉讼,由法官小组组长确定审判日期,当事人被适当传唤,审判,证据到判决的过程花费了很长时间,即6个月(1992年最高法院第6号通知),因此最高法院发布了2014年最高法院第2号通知,规定完成案件的时间限制为5个月。在和解阶段,可以看到将小额索赔法院具体化的简单、快速和低成本原则。简易诉讼的解决分为4个阶段,即:1)初步阶段,2)案件审查阶段,3)提出异议阶段和4)简易诉讼决定阶段。这个简单的诉讼解决过程最多需要25天。简单原则体现在缩短和解程序机制上,快速原则实现在25天内完成,即不使用最高法院2016年第1号规则的规定,而低成本原则实现从简单解决机制,将受到案件成本的影响。
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引用次数: 0
CONTEXTUAL STUDY OF FAMILY LAW: RETHINKING DIFFERENTIAL ROLES AND POSITIONS OF WOMEN (INDONESIAN COUNCIL OF ULAMA/MUI) IN KEDIRI CITY FAMILIES IN THE PANDEMIC ERA 家庭法背景研究:重新思考大流行病时期kediri市家庭中妇女的不同作用和地位(印度尼西亚乌拉玛/梅伊理事会)
Pub Date : 2021-12-15 DOI: 10.26532/jph.v8i3.17652
S. Aminah, Siti Sumadiyah
This research is an effort to affirm the role and position of women in the family who are no longer on the sub-ordinate line. By carrying out a contextual study based on the rules of fiqh legal provisions depend on the god who follows and taghayyur, al-ahkam bi taghayyur al-azminah wa al-amkinah, the research has a significant point. To ensure the validity of this research, the research data is a scientific research method that can be accounted for. The data is extracted through the triangulation method, namely interviews, observation and documentation. The data results were tested for the validity of the data through triangulation of sources and techniques. After the final data, the findings of the study were obtained. Namely, 1) on the economic aspect of the family, women work in a community by developing micro-enterprises; 2) in the social aspect, women provide counselling, socialisation, both online and offline; 3) in the spiritual aspect, women carry out halaqah on family resilience during the pandemic and socialise the MUI fatwa related to vaccination law; 4) in the education aspect, women provide services, education and education to the wider community in dealing with the Covid-19 pandemic.
这项研究是为了确认妇女在家庭中的作用和地位,她们不再处于从属地位。通过对宗教法律规定中所遵循的神和taghayyur, al-ahkam bi taghayyur al-azminah wa al-amkinah的规则进行语境研究,该研究具有重要意义。为了保证本研究的有效性,研究数据是一种可以被解释的科学研究方法。数据的提取采用三角法,即访谈、观察和文献。数据结果通过来源和技术的三角测量来检验数据的有效性。在获得最终数据后,就得到了研究的结果。即1)在家庭经济方面,妇女通过发展微型企业在社区工作;2)在社交方面,女性提供线上和线下的咨询、社交;3)在精神方面,妇女在大流行病期间开展关于家庭复原力的halaqah活动,并将与疫苗接种法有关的MUI法特瓦纳入社会;4)在教育方面,妇女在应对新冠肺炎大流行中为更广泛的社区提供服务、教育和教育。
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引用次数: 1
THE JURIDICAL REVIEW OF LEGAL POWER OF GROSSE DEED AS THE BASIS FOR EXECUTING MORTGAGE EXECUTION AUCTIONS 契约法律效力的司法审查作为抵押执行拍卖的依据
Pub Date : 2021-12-15 DOI: 10.26532/jph.v8i3.18459
D. Djunaedi, D. Wahyono, Setyawati Setyawati
One of the executions of the mortgage object is the sale of the mortgage object through a public auction based on the executorial title contained in the Mortgage Certificate. Before the implementation is carried out by the creditor, a permit (fiat) is required by the local district court. The application for an auction for the execution of mortgage rights through a district court is closely related to obstacles, for example, a lawsuit from a third party (derden verzet) who feels he has the right to the object of execution even though it has nothing to do with creditors and debtors. This opposition made the Chief Justice of the District Court unable to grant the request for execution even though the creditor had a mortgage certificate that was encumbered but was forced to examine the relevant evidence in the trial forum to determine whether the resistance was sufficient reason or just a conspiracy with the debtor to delay the execution. Based on this explanation, the author wants to examine the legal force of the Grosse deed as the basis for the implementation of the mortgage execution auction. The type of research in writing scientific papers is a normative legal research type, with a statutory approach and a legal concept analysis approach (Analytical and Conceptual Approach). The sources of legal materials used in writing this scientific paper came from primary legal materials, secondary legal materials, and tertiary legal materials. The legal materials were collected using library research techniques. Then analyzed using description, systematization, evaluation and finally concluded with argumentation technique. The results of this study are expected to provide scientific knowledge for academics, law enforcers, and the public.
抵押对象的执行之一是根据抵押证书中包含的执行所有权通过公开拍卖出售抵押对象。在债权人实施之前,需要当地地方法院的许可(法令)。通过地方法院申请拍卖以执行抵押权,与债权人和债务人没有任何关系,但认为自己对执行标的拥有权利的第三人(derden verzet)的诉讼等障碍密切相关。这一反对意见使区域法院首席法官无法批准执行请求,即使债权人有一份抵押证书,但必须审查审判法庭的相关证据,以确定拒绝是充分理由,还是只是与债务人串谋拖延执行。在此基础上,笔者试图考察作为抵押执行拍卖实施依据的契约的法律效力。撰写科学论文的研究类型是规范性法律研究类型,有法定方法和法律概念分析方法(分析方法和概念方法)。撰写这篇科学论文所使用的法律资料来源来自一级法律资料、二级法律资料和三级法律资料。法律资料是利用图书馆研究技术收集的。然后运用描述法、系统化法、评价法进行分析,最后运用论证法进行总结。这项研究的结果有望为学术界、执法人员和公众提供科学知识。
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引用次数: 0
STATE'S READINESS MOBILITY IN APPLYING NUCLEAR TECHNOLOGY AS ENERY DEVELOPMENT IN LEGAL PERSPECTIVE 从法律角度看国家在将核技术作为能源发展应用方面的准备机动性
Pub Date : 2021-08-17 DOI: 10.26532/jph.v8i2.16478
S. Shatat, Ade Riusma Ariyana, Devina Arifani
The states Nuclear Program is a program to build and utilize nuclear science and technology both in the non-energy sector and in the energy sector for peaceful purposes. Utilization of non-energy in Indonesia has developed quite advanced. The use of nuclear power in every countries covers various fields such as health, research and industry. Indonesia's readiness in implementing nuclear energy is carried out by ratifying international conventions, issuing laws, and issuing regulations from the Nuclear Energy Supervisory Agency, readiness in the field of infrastructure used to strengthen technology, and in Indonesia is committed to reducing 26% of greenhouse gas emissions in the year 2020. A nuclear power plant or nuclear power plant is a thermal power plant that uses one or more nuclear reactors as a heat source. The working principle of a nuclear power plant is almost the same as a steam power plant, using high pressure steam to turn a turbine. The rotation of the turbine is converted into electrical energy. The difference is the heat source used to generate heat. A nuclear power plant uses uranium as its heat source. The fission reaction (fission) of the uranium nucleus produces enormous heat energy. The power of a nuclear power plant ranges from 40 MWe to 2000 MWe, and a nuclear power plant built in 2005 has a power distribution from 600 MWe to 1200 MWe. As of 2015 there are 437 nuclear power plants operating in the world, which in total generate about 1/6 of the world's electrical energy. To date, around 66 nuclear power plants are being built in various countries, including China with 28 units, Russia with 11 units, India with 7 units, the United Arab Emirates with 4 units, South Korea with 4 units, Pakistan and Taiwan with 2 units each. Nuclear power plants are categorized based on the type of reactor used. However, in some plants that have several separate reactor units, it is possible to use reactor types that are fueled such as Uranium and Plutonium.
国家的《核计划》是为和平目的在非能源领域和能源领域建设和利用核科学技术的计划。印尼的非能源利用已经发展得相当先进。每个国家对核能的利用涵盖了卫生、研究和工业等各个领域。印度尼西亚在实施核能方面的准备工作是通过批准国际公约、发布法律和发布核能监管机构的法规,在用于加强技术的基础设施领域做好准备,并在印度尼西亚承诺到2020年减少26%的温室气体排放。核电站或核电站是使用一个或多个核反应堆作为热源的热电厂。核电站的工作原理与蒸汽电厂几乎相同,都是利用高压蒸汽带动涡轮机。涡轮机的转动转化为电能。区别在于用来产生热量的热源。核电站使用铀作为热源。铀核的裂变反应(裂变)产生巨大的热能。核电站的功率从40兆瓦到2000兆瓦不等,2005年建成的核电站的功率分布从600兆瓦到1200兆瓦不等。截至2015年,世界上有437座核电站在运行,它们总共产生了世界上约六分之一的电能。迄今为止,各国正在建设约66座核电站,其中中国有28座,俄罗斯有11座,印度有7座,阿拉伯联合酋长国有4座,韩国有4座,巴基斯坦和台湾各有2座。核电站是根据使用的反应堆类型进行分类的。然而,在一些有几个独立反应堆单元的工厂中,可以使用铀和钚等燃料的反应堆类型。
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引用次数: 0
THE HUMAN RIGHTS PROTECTION IN THE ECONOMIC AFFAIRS OF INDONESIA 印尼经济事务中的人权保障
Pub Date : 2021-08-04 DOI: 10.26532/jph.v8i2.12824
Siti Rodhiyah Dwi Istinah, S. Kusriyah, Rakhmat Bowo Suharto
The purpose of this study is to analyze and explain the protection of human rights in the economic sector for citizens to be able to enjoy a socially just economic development as well as to analyze and explain the challenges and obstacles in protecting human rights in the economic sector in an effort to realize social justice in the Constitution 1945. important in the constitution which gave birth to the concept of protecting human rights in the economic sector, which was initiated by the founding fathers, regarding Indonesian socialism. Hatta's idea was in line with Soekarno's thinking as "Indonesian-style socialism" which was adapted to Indonesian conditions. Qualitative research with normative juridical research type with secondary data by means of literature study. The conclusions of this study are 1) so far regulations have not provided much protection for human rights in the economic field, because they are against the principles of economic democracy in Article 33 of the Constitution 1945, so that the interests of citizens are marginalized. 2) regulations so far have more accommodated the principles adhered to by developed countries, the emergence of the era of liberalization, world trade without protection and without obstacles, will increase the level of trade competition among economic actors in Indonesia.
本研究的目的是分析和解释经济部门对人权的保护,使公民能够享受社会公正的经济发展,并分析和解释1945年《宪法》中保护经济部门人权以实现社会正义的挑战和障碍。在宪法中具有重要意义,该宪法催生了由开国元勋发起的保护经济部门人权的概念,涉及印尼社会主义。哈塔的思想与苏加诺的“印尼式社会主义”思想是一致的。定性研究采用规范性司法研究类型,采用文献资料法进行二次资料研究。这项研究的结论是:1)到目前为止,法规没有为经济领域的人权提供太多保护,因为它们违反了1945年《宪法》第33条中的经济民主原则,从而使公民的利益被边缘化。2) 到目前为止,法规更多地适应了发达国家所坚持的原则,自由化时代的出现,没有保护和障碍的世界贸易,将增加印度尼西亚经济行为者之间的贸易竞争水平。
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引用次数: 2
期刊
Jurnal Pembaharuan Hukum
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