White-collar crime is a type of crime that involves a large number of individuals, is carried out in a structured, large-scale manner, and results in significantly greater losses than conventional crimes. Given the growing number of organizations, the potential for white-collar crime is currently reasonably high. Corporations are able to commit various crimes, particularly those motivated by profit, such as infringements on intellectual property rights. Given that many of today's intellectual property rights holders are corporations, corporations and intellectual property rights have a strong link. This is understandable given that firms have more resources and cash to invest in developing new products that can be protected by intellectual property rights. As a result of the tight relationship between intellectual property rights and corporations, the government must be aware of potential intellectual property rights violations committed by corporations. This article aims to see if the current set of intellectual property rights legislation can handle corporate crimes. The method employed in this research is a normative juridical method with a statutory approach to produce clear findings from the formulation of corporate crime under intellectual property rights regulations. The study's findings demonstrate how unprepared existing clusters of intellectual property regulations are to deal with prospective corporate criminal activities. The criteria and system of corporate responsibility, as well as alternative consequences for firms, are pretty minimum in these numerous statutes, starting with the framing of the issue of punishment. As a result, based on vicarious liability theory and the corporate culture model, this article proposes that corporations be recognized as punishable entities under all laws controlling intellectual property rights and the establishment of firm standards and corporate obligations. In addition, this study offers suggestions for the types and amounts of punishments that might be appropriate for corporations.
{"title":"The Analysis of Corporate Crime in Indonesia’s Intellectual Property Laws","authors":"Aditya Weriansyah, Alvin Prima Ramadani","doi":"10.19166/glr.v2i1.5139","DOIUrl":"https://doi.org/10.19166/glr.v2i1.5139","url":null,"abstract":"White-collar crime is a type of crime that involves a large number of individuals, is carried out in a structured, large-scale manner, and results in significantly greater losses than conventional crimes. Given the growing number of organizations, the potential for white-collar crime is currently reasonably high. Corporations are able to commit various crimes, particularly those motivated by profit, such as infringements on intellectual property rights. Given that many of today's intellectual property rights holders are corporations, corporations and intellectual property rights have a strong link. This is understandable given that firms have more resources and cash to invest in developing new products that can be protected by intellectual property rights. As a result of the tight relationship between intellectual property rights and corporations, the government must be aware of potential intellectual property rights violations committed by corporations. This article aims to see if the current set of intellectual property rights legislation can handle corporate crimes. The method employed in this research is a normative juridical method with a statutory approach to produce clear findings from the formulation of corporate crime under intellectual property rights regulations. The study's findings demonstrate how unprepared existing clusters of intellectual property regulations are to deal with prospective corporate criminal activities. The criteria and system of corporate responsibility, as well as alternative consequences for firms, are pretty minimum in these numerous statutes, starting with the framing of the issue of punishment. As a result, based on vicarious liability theory and the corporate culture model, this article proposes that corporations be recognized as punishable entities under all laws controlling intellectual property rights and the establishment of firm standards and corporate obligations. In addition, this study offers suggestions for the types and amounts of punishments that might be appropriate for corporations.","PeriodicalId":344294,"journal":{"name":"Global Legal Review","volume":"240 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116430556","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}
Umrah is a worship for Muslims in the Holy Land of Mecca. The provision of umrah worship in Indonesia is stipulated in Law of Republic of Indonesia Number 8 of 2019 concerning the Implementation of Hajj and Umrah Worship and amended under Law Number 11 of 2020 concerning Job Creation. The hope of being able to perform worship safely and comfortably does not always go well, because in fact there are still many problems that would have to be faced by umrah pilgrims. Referring to the Directory of Supreme Court's of Indonesia, every year there are cases registered in the Court regarding the Umrah Worship Travel Organizer, both in the civil lawsuit and criminal cases, this shows that there is still weak protection for umrah pilgrims. This research aims to explore and analyze regulations regarding the conduct of umrah worship in Indonesia, implementation of regulations, as well as the ideal arrangement of umrah worship in Indonesia. Methodology of this study is based on normative legal research which carried out several approaches such as statutory approach, case approach and comparative approach. In this paper, normative legal research is also supported by empirical research. The results of this study essencially show the potential problems in the Umrah worship arrangement that result in disadvantages for Umrah pilgrims who are not get they right to assigned to holy land Macca, the weak protection provided for Umrah worship shows potential problems in the umrah worship arrangement, therefore an alignment and amendment to the implementing regulations of the Umrah worship arrangement is required, the application of the obligation to provide insurance protection of departure certainty for all umrah pilgrims with any travel package is expected to provide protection and certainty of departure umrah.
{"title":"Legal Policy of Implementation of Organizing Umrah Worship in Indonesia","authors":"Desnadya Anjani Putri","doi":"10.19166/glr.v2i1.4072","DOIUrl":"https://doi.org/10.19166/glr.v2i1.4072","url":null,"abstract":"Umrah is a worship for Muslims in the Holy Land of Mecca. The provision of umrah worship in Indonesia is stipulated in Law of Republic of Indonesia Number 8 of 2019 concerning the Implementation of Hajj and Umrah Worship and amended under Law Number 11 of 2020 concerning Job Creation. The hope of being able to perform worship safely and comfortably does not always go well, because in fact there are still many problems that would have to be faced by umrah pilgrims. Referring to the Directory of Supreme Court's of Indonesia, every year there are cases registered in the Court regarding the Umrah Worship Travel Organizer, both in the civil lawsuit and criminal cases, this shows that there is still weak protection for umrah pilgrims. This research aims to explore and analyze regulations regarding the conduct of umrah worship in Indonesia, implementation of regulations, as well as the ideal arrangement of umrah worship in Indonesia. Methodology of this study is based on normative legal research which carried out several approaches such as statutory approach, case approach and comparative approach. In this paper, normative legal research is also supported by empirical research. The results of this study essencially show the potential problems in the Umrah worship arrangement that result in disadvantages for Umrah pilgrims who are not get they right to assigned to holy land Macca, the weak protection provided for Umrah worship shows potential problems in the umrah worship arrangement, therefore an alignment and amendment to the implementing regulations of the Umrah worship arrangement is required, the application of the obligation to provide insurance protection of departure certainty for all umrah pilgrims with any travel package is expected to provide protection and certainty of departure umrah.","PeriodicalId":344294,"journal":{"name":"Global Legal Review","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130647812","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}
Despite life insurance penetration rate has increased from year to year and the total premium income of the life insurance industry had reached trillions of Indonesian Rupiah by the end of 2020, it is undeniable that legal protection for consumers of life insurance products still has its shortcomings. This can be seen from the issuance of Law Number 8 of 1999 concerning Consumer Protection, in which its issuance was more or less influenced by the International Monetary Fund (IMF) during the 1998 monetary crisis. In contrast, regulation related to insurance has been stipulated decades before Indonesia’s independence through Kitab Undang-Undang Hukum Dagang(KUHD / Wetboek van Koophandel voor Indonesie)or the Indonesia Commercial Code. Adetailed regulation regarding life insurance was introduced through Law Number 2 of 1992 concerning Insurance Business which focuses on insurance companies and their supporting institutions. However, there was no specific regulation regarding protection for insurance consumers until 2013 when Financial Services Authority (OJK) issued Regulation Number 1/POJK.07/2013 concerning Consumer Protection in the Financial Services Sector which regulates consumer protection not only for insurance company, but also for other financial institutions including banks, securities company, investment advisor, pension fund, and financing company.Later, the Government of Indonesia (GoI) issued Law Number 40 of 2014 concerning Insurance in
尽管寿险渗透率逐年提高，截至2020年底，寿险行业保费总收入已达数万亿印尼盾，但不可否认的是，寿险产品对消费者的法律保护仍存在不足。这一点可以从1999年关于消费者保护的第8号法律的颁布中看出，该法律的颁布或多或少受到了1998年货币危机期间国际货币基金组织(IMF)的影响。相比之下，与保险相关的监管在印度尼西亚独立前几十年就已经通过Kitab Undang-Undang Hukum Dagang (KUHD / weboek van Koophandel voor Indonesia)或印度尼西亚商法典规定了。1992年关于保险业务的第2号法律出台了一项关于人寿保险的详细规定，重点是保险公司及其支持机构。然而，直到2013年金融服务管理局(OJK)发布第1/POJK号条例时，才有关于保险消费者保护的具体规定。07/2013关于金融服务行业的消费者保护，该法案不仅规定了保险公司的消费者保护，还规定了其他金融机构，包括银行、证券公司、投资顾问、养老基金和金融公司的消费者保护。随后，印度尼西亚政府(GoI)颁布了2014年第40号关于保险的法律，根据其解释，反映了对保护保险服务消费者的高度关注和支持。在2020年全球COVID-19大流行期间，金融服务业受到了很大影响，因此，由于大流行期间的一些限制，这种情况也影响了保险公司与消费者的互动方式。在这方面，本研究试图分析在1999年第8号法律，OJK第1号法规/POJK范围内，印度政府在COVID-19期间颁布的有关人寿保险产品消费者保护的法规。2013年7月和2014年第40号法律。
{"title":"Legal Protection for Consumers of Life Insurance Products During COVID-19 Pandemic in Indonesia","authors":"Fausia Isti Tanoso","doi":"10.19166/glr.v2i1.5086","DOIUrl":"https://doi.org/10.19166/glr.v2i1.5086","url":null,"abstract":"<p><span lang=\"EN-US\">Despite</span><span lang=\"IN\"> life insurance penetration rate </span><span lang=\"EN-US\">has increased</span><span lang=\"IN\"> from year to year and </span><span lang=\"EN-US\">the </span><span lang=\"IN\">total premium income of </span><span lang=\"EN-US\">the </span><span lang=\"IN\">life insurance industry </span><span lang=\"EN-US\">had </span><span lang=\"IN\">reache</span><span lang=\"EN-US\">d</span><span lang=\"IN\"> trillions of </span><span lang=\"EN-US\">Indonesian </span><span lang=\"IN\">Rupiah by the end of 2020, it is undeniable that legal protection for consumers of life insurance products</span><span lang=\"EN-US\"> still has its shortcomings</span><span lang=\"IN\">. This can be seen from the </span><span lang=\"EN-US\">issuance of </span><span lang=\"IN\">Law Number 8 of 1999 concerning Consumer Protection, </span><span lang=\"EN-US\">in which its issuance </span><span lang=\"IN\">was more or less influenced by the International Monetary Fund (IMF) </span><span lang=\"EN-US\">during </span><span lang=\"IN\">the 1998 monetary crisis. </span><span lang=\"EN-US\">In contrast, regulation related to </span><span lang=\"IN\">insurance ha</span><span lang=\"EN-US\">s</span><span lang=\"IN\"> been </span><span lang=\"EN-US\">stipulated</span><span lang=\"IN\"> decades </span><span lang=\"EN-US\">before Indonesia’s independence </span><span lang=\"IN\">through <em>Kitab Undang-</em></span><em><span lang=\"EN-US\">U</span><span lang=\"IN\">ndang Hukum Dagang</span></em><span lang=\"IN\"> </span><span lang=\"IN\">(KUHD / <em>Wetboek van Koophandel voor Indonesie</em>)</span><span lang=\"IN\"> </span><span lang=\"EN-US\">or </span><span lang=\"IN\">the </span><span lang=\"EN-US\">Indonesia </span><span lang=\"IN\">Commercial Code</span><span lang=\"EN-US\">.</span><span lang=\"IN\"> A</span><span lang=\"IN\">detailed regulation regarding life insurance was introduced through Law Number 2 of 1992 concerning Insurance Business which focuses on insurance companies and </span><span lang=\"EN-US\">their </span><span lang=\"IN\">supporting</span><span lang=\"EN-US\"> institutions</span><span lang=\"IN\">. </span><span lang=\"EN-US\">However, there was no specific r</span><span lang=\"IN\">egulation regarding protection </span><span lang=\"EN-US\">for insurance consumers until 2013 when</span><span lang=\"IN\"> Financial Services Authority </span><span lang=\"EN-US\">(OJK) issued </span><span lang=\"IN\">Regulation N</span><span lang=\"EN-US\">umber</span><span lang=\"IN\"> 1/POJK.07/2013 concerning Consumer Protection in the Financial Services Sector</span><span lang=\"EN-US\"> which regulates consumer protection not only for insurance company, but also for other financial institutions including banks, securities company, investment advisor, pension fund, and financing company.</span><span lang=\"EN-US\"> </span><span lang=\"EN-US\">Later, the </span><span lang=\"IN\">Government of Indonesia (GoI) issu</span><span lang=\"EN-US\">ed </span><span lang=\"IN\">Law Number 40 of 2014 concerning Insurance </span><span lang=\"EN-US\">in </span>","PeriodicalId":344294,"journal":{"name":"Global Legal Review","volume":"63 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124582682","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}
Normatively, regulations regarding the procurement of goods and services contribute significantly to the efficiency of state spending and the national economy. But in practice, there are still deviations that have the potential to violate the law. This article examines the borrowing of company names in the practice of procurement of government goods and services from the perspective of the applicable law, and the perspective of Dignified Justice. The research methodology used is normative legal research with a literature study using primary, secondary, and tertiary legal materials. As a theoretical basis, this research uses the Theory of Dignified Justice. This article shows that borrowing company names in the practice of procuring government goods and services are contrary to applicable legal norms, and can be a criminal element for providing false or fraudulent information. Existing regulations are not able to touch the practice of borrowing company names in practice. From the perspective of Dignified Justice, it is also identified as contrary to morals, nor does it meet the criteria of good faith in the agreement. To guarantee legal certainty, the practice of borrowing company names must be strictly prohibited by law, but it needs to be done without conflicting with the economic objectives referred to by the constitution.
{"title":"Borrowing Company Names in the Practice of Procurement of Goods and Services in Indonesia","authors":"Trisulo Trisulo","doi":"10.19166/glr.v2i1.4735","DOIUrl":"https://doi.org/10.19166/glr.v2i1.4735","url":null,"abstract":"Normatively, regulations regarding the procurement of goods and services contribute significantly to the efficiency of state spending and the national economy. But in practice, there are still deviations that have the potential to violate the law. This article examines the borrowing of company names in the practice of procurement of government goods and services from the perspective of the applicable law, and the perspective of Dignified Justice. The research methodology used is normative legal research with a literature study using primary, secondary, and tertiary legal materials. As a theoretical basis, this research uses the Theory of Dignified Justice. This article shows that borrowing company names in the practice of procuring government goods and services are contrary to applicable legal norms, and can be a criminal element for providing false or fraudulent information. Existing regulations are not able to touch the practice of borrowing company names in practice. From the perspective of Dignified Justice, it is also identified as contrary to morals, nor does it meet the criteria of good faith in the agreement. To guarantee legal certainty, the practice of borrowing company names must be strictly prohibited by law, but it needs to be done without conflicting with the economic objectives referred to by the constitution.","PeriodicalId":344294,"journal":{"name":"Global Legal Review","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124499833","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The Trade War between the United States and China is impacting the worldwide economy, especially ASEAN part nations. The aim of this paper is to look at the effect of the US-China exchange battle on ASEAN and Huawei Technologies. It is separated into four sections: the initial segment will clarify the idea of worldwide exchange as it is analyzed by profession, speculation, and rivalry law, the subsequent part will clarify the exchange battle between the US and China as it influences ASEAN and Huawei Technologies, and the third part will clarify the job of RCEP as a guide to ASEAN and Huawei Technologies. The result of the analysis shows that the exchange battle between the US and China can be settled by building up an unbiased association as the Regional Comprehensive Economic Partnership (RCEP), and that substantial advances can be taken to lessen dependence on the US and China by diminishing commodities and imports, just as expanding and working on the quality of domestic items.
{"title":"The Impact of the Trade War Between the United States and China on ASEAN and Huawei Technologies as Reviewed by Trade, Investment, and Competition Law","authors":"Jessica Natalia Widjaja","doi":"10.19166/glr.v2i1.3818","DOIUrl":"https://doi.org/10.19166/glr.v2i1.3818","url":null,"abstract":"The Trade War between the United States and China is impacting the worldwide economy, especially ASEAN part nations. The aim of this paper is to look at the effect of the US-China exchange battle on ASEAN and Huawei Technologies. It is separated into four sections: the initial segment will clarify the idea of worldwide exchange as it is analyzed by profession, speculation, and rivalry law, the subsequent part will clarify the exchange battle between the US and China as it influences ASEAN and Huawei Technologies, and the third part will clarify the job of RCEP as a guide to ASEAN and Huawei Technologies. The result of the analysis shows that the exchange battle between the US and China can be settled by building up an unbiased association as the Regional Comprehensive Economic Partnership (RCEP), and that substantial advances can be taken to lessen dependence on the US and China by diminishing commodities and imports, just as expanding and working on the quality of domestic items. ","PeriodicalId":344294,"journal":{"name":"Global Legal Review","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128240619","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}
Health is one of the most important human rights in human life. Access to affordable prescription drugs is still a problem for people with out-of-pocket expenses. Generic prescription drugs that are much cheaper than non-generic drugs are still low, especially in non-government healthcare facilities. This research aims to provide suggestions of regulation on price control of prescription drugs and generic prescription drugs that will assure certainty and affordability for the public. The methodology is doctrinal legal research and is supported by empirical studies. The research finding consist of two things, namely the price of prescription drugs and the prescription of generic drugs. The first finding is that Highest Retail Price (HET) set by the manufacturer is potentially to be unlimited because there is no limit control. Currently, there are many drugs sold over HET with minimal supervision from the Government. The absence of law is found as the existing regulations are only for those listed in the National Formulary, while the rest have not been regulated. Therefore, the suggestion is to set ceiling prices for prescription drugs with comparison among generic drugs, branded generic drugs, and the originator; also create a refund mechanism for prices above HET to assure the consumers’ rights to get compensation under the Consumer Protection Law. The second finding is that only a few doctors prescribe generic drugs. Additionally, patients have not been involved in the treatment decisions.Therefore, the suggestion is to associate "the action of prescribing generic drugs" with the extension of doctor's license, namelythe Registration Certificate (STR); so that doctors will prescribe generic drugs without the need for close supervision due to their interests. With the increase of generic drugs’ prescription, the financing of health services, nationwide as well asindividually, can become more affordable.
{"title":"Prescription Drugs Price Setting and Generic Drugs Prescription concerning Consumer Protection Law in Indonesia","authors":"Jenny Jatemin, Jovita Irawati","doi":"10.19166/glr.v1i2.4126","DOIUrl":"https://doi.org/10.19166/glr.v1i2.4126","url":null,"abstract":"Health is one of the most important human rights in human life. Access to affordable prescription drugs is still a problem for people with out-of-pocket expenses. Generic prescription drugs that are much cheaper than non-generic drugs are still low, especially in non-government healthcare facilities. This research aims to provide suggestions of regulation on price control of prescription drugs and generic prescription drugs that will assure certainty and affordability for the public. The methodology is doctrinal legal research and is supported by empirical studies. The research finding consist of two things, namely the price of prescription drugs and the prescription of generic drugs. The first finding is that Highest Retail Price (HET) set by the manufacturer is potentially to be unlimited because there is no limit control. Currently, there are many drugs sold over HET with minimal supervision from the Government. The absence of law is found as the existing regulations are only for those listed in the National Formulary, while the rest have not been regulated. Therefore, the suggestion is to set ceiling prices for prescription drugs with comparison among generic drugs, branded generic drugs, and the originator; also create a refund mechanism for prices above HET to assure the consumers’ rights to get compensation under the Consumer Protection Law. The second finding is that only a few doctors prescribe generic drugs. Additionally, patients have not been involved in the treatment decisions.Therefore, the suggestion is to associate \"the action of prescribing generic drugs\" with the extension of doctor's license, namelythe Registration Certificate (STR); so that doctors will prescribe generic drugs without the need for close supervision due to their interests. With the increase of generic drugs’ prescription, the financing of health services, nationwide as well asindividually, can become more affordable.","PeriodicalId":344294,"journal":{"name":"Global Legal Review","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126343277","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The legal status of polytechnic has been fundamentally changed from time to time. After the Law of National Education System Number 20/2003 and the Law of Higher Education Number 12/2012 came into effect, the polytechnic has been granted a new legal status that offers more diverse programs at various levels. Since then, polytechnic could conduct vocational diploma programs and degree programs in applied sciences from graduate to postgraduate. This legal status raises legal problems whether polytechnic is a higher education institution in vocational or applied sciences. Best education practices in some countries classify applied sciences higher education as academic education, not vocational education. This doctrinal research paper then will examine this legal problem using statute, historical and comparative approach, in the light of the Development Legal Theory. This study shows that the legal status of polytechnic is heavily dependent on government policy. In the absence of a clear and firm ground policy of vocational education, the legal status of the polytechnic has been interpreted differently from time to time. The government ought to reset the vocational education policy and then reform the law of the national education system. Therefore, the legal status of the polytechnic will be more sustainable and have better legal certainty accordingly. Regarding the recent development of higher education, it will be better if the government constitutes polytechnic as a higher education institution in applied sciences.
{"title":"Rethinking Legal Status of Polytechnic in the Law of Education System","authors":"Tonny Pongoh, H. Budi, Bintan R. Saragih","doi":"10.19166/glr.v1i2.4037","DOIUrl":"https://doi.org/10.19166/glr.v1i2.4037","url":null,"abstract":"The legal status of polytechnic has been fundamentally changed from time to time. After the Law of National Education System Number 20/2003 and the Law of Higher Education Number 12/2012 came into effect, the polytechnic has been granted a new legal status that offers more diverse programs at various levels. Since then, polytechnic could conduct vocational diploma programs and degree programs in applied sciences from graduate to postgraduate. This legal status raises legal problems whether polytechnic is a higher education institution in vocational or applied sciences. Best education practices in some countries classify applied sciences higher education as academic education, not vocational education. This doctrinal research paper then will examine this legal problem using statute, historical and comparative approach, in the light of the Development Legal Theory. This study shows that the legal status of polytechnic is heavily dependent on government policy. In the absence of a clear and firm ground policy of vocational education, the legal status of the polytechnic has been interpreted differently from time to time. The government ought to reset the vocational education policy and then reform the law of the national education system. Therefore, the legal status of the polytechnic will be more sustainable and have better legal certainty accordingly. Regarding the recent development of higher education, it will be better if the government constitutes polytechnic as a higher education institution in applied sciences.","PeriodicalId":344294,"journal":{"name":"Global Legal Review","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127542687","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}
As an official whose duty and authority is making authentic deeds, a Notary is responsible for all the content of the deed he/ she made and all the information relating to the deed made before/ by him/ her, based on the Official Oath of the Notary and Notary Law. Notary is a noble position (noblese obligue), and Notaries are expected to keep their dignity as official. The consequences of such honorable position and authority of Notary is that Notaries are obliged to do everything that is regulated in the Notary Law and obey everything that is prohibited by the law, regulations, and the Notary’s Code of Ethics, in carrying out both their duties and authority, Notaries are responsible for any consequences arises from any violation of the position of a Notary. For any malpractice committed by a Notary, a Notary may be held liable to civil and criminal lawsuits. This article explains about: (1) The law and regulations applied to Notary in Indonesia in carrying out their duties and authorities. (2) How does the Notary practice in Indonesia in carrying out their duties and authorities. (3) How the ideal Law and Regulations should be applied to Notary, so that Notary malpractice can be eliminated, or at least reduced, and Notaries can carry out their duties and authorities as they are mandated.
{"title":"Notary Malpractice in Carrying Out Their Duties and Authorities","authors":"Winanto Wiryomartani","doi":"10.19166/glr.v1i2.2879","DOIUrl":"https://doi.org/10.19166/glr.v1i2.2879","url":null,"abstract":"As an official whose duty and authority is making authentic deeds, a Notary is responsible for all the content of the deed he/ she made and all the information relating to the deed made before/ by him/ her, based on the Official Oath of the Notary and Notary Law. Notary is a noble position (noblese obligue), and Notaries are expected to keep their dignity as official. The consequences of such honorable position and authority of Notary is that Notaries are obliged to do everything that is regulated in the Notary Law and obey everything that is prohibited by the law, regulations, and the Notary’s Code of Ethics, in carrying out both their duties and authority, Notaries are responsible for any consequences arises from any violation of the position of a Notary. For any malpractice committed by a Notary, a Notary may be held liable to civil and criminal lawsuits. This article explains about: (1) The law and regulations applied to Notary in Indonesia in carrying out their duties and authorities. (2) How does the Notary practice in Indonesia in carrying out their duties and authorities. (3) How the ideal Law and Regulations should be applied to Notary, so that Notary malpractice can be eliminated, or at least reduced, and Notaries can carry out their duties and authorities as they are mandated. ","PeriodicalId":344294,"journal":{"name":"Global Legal Review","volume":"110 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123776667","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}
From the perspective of economic analysis of law theory, the increasing number of criminal convictions would indicate that the Indonesian criminal Code and regulations have not been effective in reducing the rate of crimes. By combining a preliminary hearing, hearing of cases through a special route and the application of the principle of bargaining for sentence in the plea bargaining system, a new mechanism may be formulated in the Indonesia criminal justice proceedings. This criminal justice approach employs the dignified justice principle (teori keadilan bermartabat) approach, whereby, the trial of cases using a preliminary hearing as a special route under a sole judge that is intended for an accused who pleads guilty and bargains for a sentence. Accordingly, this research attempts to explore the use of the principles of the plea bargaining system as a criminal justice model under the Law Number 19 year of 2016 on the Electronic Information and Transaction Act (“EIT Act”). Equally important, this research employs the juridical-normative method, statute, case, and conceptual approaches in order to obtain a comprehensive result.
{"title":"The Plea Bargaining System as a Criminalization Model Under the Law Number 19 Year of 2016 on Electronic Information and Transaction Act and the Dignified Justice","authors":"Rinto Wardana","doi":"10.19166/glr.v1i2.4098","DOIUrl":"https://doi.org/10.19166/glr.v1i2.4098","url":null,"abstract":"From the perspective of economic analysis of law theory, the increasing number of criminal convictions would indicate that the Indonesian criminal Code and regulations have not been effective in reducing the rate of crimes. By combining a preliminary hearing, hearing of cases through a special route and the application of the principle of bargaining for sentence in the plea bargaining system, a new mechanism may be formulated in the Indonesia criminal justice proceedings. This criminal justice approach employs the dignified justice principle (teori keadilan bermartabat) approach, whereby, the trial of cases using a preliminary hearing as a special route under a sole judge that is intended for an accused who pleads guilty and bargains for a sentence. Accordingly, this research attempts to explore the use of the principles of the plea bargaining system as a criminal justice model under the Law Number 19 year of 2016 on the Electronic Information and Transaction Act (“EIT Act”). Equally important, this research employs the juridical-normative method, statute, case, and conceptual approaches in order to obtain a comprehensive result. ","PeriodicalId":344294,"journal":{"name":"Global Legal Review","volume":"54 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116526609","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}
Michael Sofian Tanuhendrata, Jovita Irawati, H. Budi
The number of high-rise buildings in the big cities of Indonesia is increasing along with land being more limited and its prices being very high. Most of these high-rise buildings are in Jakarta and some of them are facing the risk of building failure that may cause business and operation interruption. These buildings that have been erected and operating need to receive regular maintenance and supervision to ensure the building's condition and safety. Many building owners and managers do not conduct and plan maintenance and supervision properly causing these buildings of being at risk of fire and building structure – mechanical failure / damage. For this reason, rigorous regulations, and its enforcement in building construction and maintenance are needed to ensure that these buildings operate reliably and encourage building owners and facility manager to comply with them properly. Cultivated Penalty and strict sanctions need to be renewed and must be implemented properly by Government bodies and local authority. Building Audit Institute can be formed to assist the central government and local governments (Governor) in carrying out their functions to ensure the safety and security of buildings, including their users. Strengthening existing laws and regulations will greatly assist in law enforcement and certainty for owners, building managers and building users, which in turn will support national development.
{"title":"Strengthening the Law on the Construction of High-rise Building That is Beneficial to Support National Development","authors":"Michael Sofian Tanuhendrata, Jovita Irawati, H. Budi","doi":"10.19166/glr.v1i2.4111","DOIUrl":"https://doi.org/10.19166/glr.v1i2.4111","url":null,"abstract":"The number of high-rise buildings in the big cities of Indonesia is increasing along with land being more limited and its prices being very high. Most of these high-rise buildings are in Jakarta and some of them are facing the risk of building failure that may cause business and operation interruption. These buildings that have been erected and operating need to receive regular maintenance and supervision to ensure the building's condition and safety. Many building owners and managers do not conduct and plan maintenance and supervision properly causing these buildings of being at risk of fire and building structure – mechanical failure / damage. For this reason, rigorous regulations, and its enforcement in building construction and maintenance are needed to ensure that these buildings operate reliably and encourage building owners and facility manager to comply with them properly. Cultivated Penalty and strict sanctions need to be renewed and must be implemented properly by Government bodies and local authority. Building Audit Institute can be formed to assist the central government and local governments (Governor) in carrying out their functions to ensure the safety and security of buildings, including their users. Strengthening existing laws and regulations will greatly assist in law enforcement and certainty for owners, building managers and building users, which in turn will support national development.","PeriodicalId":344294,"journal":{"name":"Global Legal Review","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114551556","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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