Jurnal Fakultas Hukum Universitas Padjadjaran
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THE EFFECTIVENESS OF THE CENTER FOR PLANT VARIETY PROTECTION AND AGRICULTURAL LICENSING IN PROVIDING LEGAL PROTECTION OF PLANT VARIETIES
Get PDFABSTRACTThe development of the agricultural sector is one of the urgencies of the country's development, the large variety of potential natural resources from germplasm produces various types of agricultural products that have been improved in quality. With researchers and modern technology helping plant breeders in producing new superior varieties of plants. Indonesia's participation with the International Convention for the Protection of New Varieties of Plants (UPOV Convention) makes the reason for the need for Indonesia to protect the creation of new varieties of plants by law so that the formation of an institution engaged in the Protection of Plant Varieties which then must be seen its effectiveness. The purpose of this study is to determine and analyze the role of related institutions in providing legal protection for plant varieties. The method in this research is carried out with empirical juridical research methods, namely carried out with a statutory approach as well as conducting interviews at related institutions. The results obtained through this research that there are still obstacles in the protection of plant varieties, namely that there are still many people or farmers who have not been educated so that there are practices of violations committed and although there are many violations, not many cases have been reported because it is considered that there is no definite form of protection for plant breeders when a violation occurs. Of course, all protection provided depends on regulations. So it is suggested that in addition to intensively conducting socialization, the government can reopen related regulations and make adjustments through the renewal of these regulations
THE OPTIMIZATION OF BILATERAL INVESTMENT TREATY TO ENCOURAGE THE DEVELOPMENT OF MICRO SMALL AND MEDIUM ENTERPRISES IN INDONESIA AS HOST STATE IN INTERNATIONAL INVESTMENT ACTIVITIES
No full textInternational investment can accelerate economic growth and accelerate development in Indonesia. The Bilateral Investment Treaty (BIT) is an international agreement between two countries on provisions for international investment. The BITs are intended to promote the development of micro, small and medium enterprises in the country. Again, Small and medium-sized enterprises (SMEs) in Indonesia need support in promotion and legal protection to develop and become more optimal, as SMEs are the backbone of the Indonesian economy and part of the implementation of the Pancasila economic system. SMEs development provisions can be addressed in international agreement such as BIT or Free Trade Agreements (FTA) to provise a forum for broader sectors that include SMEs. Therefore, to develop SMEs in Indonesia through international investment practices, it is necessary that related parties, i.e., the government to take measures for optimizing the development of SMEs in Indonesia and obtain comprehensive international investment support to strengthen through International Investment Agreements (IIA) and be competitive in the global market through strengthening and broadening the scope of SMEs in IIA
IMPLICATIONS AND LEGAL CONSEQUENCES OF IMPLEMENTING A RISK BASED ONLINE SINGLE SUBMISSION SYSTEM FOR LIMITED LIABILITY COMPANY BUSINESS LICENSING
Get PDFLimited Liability Company (PT) as a Business Entity must have permits to carry out its business activities legally. Risk-based Online Single Submission (OSS) is designated as a Business Licensing portal based on the level of risk of a business activity in determining the type of business licensing. The purpose of this research is to find out how much influence the implementation of business licensing through the risk-based OSS system has in the business licensing of Limited Liability Companies and to formulate the legal consequences that arise if the Limited Liability Company does not comply with the standards of its business activities. The research method used is a normative juridical approach with analytical descriptive research specifications. Data analysis was carried out using qualitative normative methods. The results of the study show that the implementation of business licensing through the risk-based OSS system in practice has implications for limited liability company business licensing, namely providing convenience for limited liability companies in managing business licensing, because permits are issued at the beginning then the government as the authority will verify compliance with business activity standards. legal consequences that arise if the Limited Liability Company does not fulfill the standards of its business activities is the imposition of administrative sanctions on the Limited Liability Company
THE ELIMINATION OF STATE ADMINISTRATIVE COURT’S AUTHORITY TO DECIDE POSITIVE FICTITIOUS DECISIONS AFTER THE AMENDMENT TO LAW NUMBER 30 OF 2014 CONNECTED WITH THE GENERAL PRINCIPLES OF GOOD GOVERNANCE
Get PDFGovernment agencies and/or officials carry out the task of administering the state using legal instruments, one of which is decisions. If within the allotted time a government official does not respond to the request filed against him, his silence is equated with a fictitious decision. The fictitious decisions that apply in Indonesia are positive fictitious decisions, implicitly contained in Article 53 paragraph (3) of Law Number 30 of 2014, namely the government's silence means a form of acceptance. A positive fictitious decision needs to be submitted to the Administrative Court to get an acceptance decision. After the UUCK, PTUN's authority to decide on positive fictitious decisions was abolished, so what are the legal consequences and whether this is in accordance with the AUPB. The research method uses normative juridical with statutory, case, and conceptual approaches. The results of the research show that PTUN does not have the authority to decide on a positive fictitious decision request due to the abolition of Article 53 paragraph (4) in UUCK, so that the settlement lies with government agencies. However, there is a disparity in the judge's decision regarding the authority of PTUN to decide on a positive fictitious decision request caused by two approaches, namely legalistic positivism and action. It is possible to enter a positive fictitious case by filing a lawsuit for unlawful acts by government agencies and/or officials. The abolition of PTUN's authority is not in accordance with AUPB, especially the principles of legal certainty, expediency, accuracy, and fairness
JURIDICAL STUDIES OF THE LEGAL STATUS OF DIGITAL RUPIAH IN THE CONTEXT OF MODERNIZING FINANCIAL MARKET INFRASTRUCTURE
Get PDFThe rise of exchange rates other than the official state currency in the digital world raises its own problems. The development of the digital economy that is currently developing is supported by digital economic infrastructure, one of which is the official state medium of exchange. Therefore, this is a demand for the public's need for official state exchange instruments that can apply in the digital world. This was then answered by Bank Indonesia through the concept of Digital Rupiah and its derivatives in various Bank Indonesia Regulations. However, there are problems regarding the Digital Rupiah policy and the implementation of secure use of the Digital Rupiah sistem. This research was conducted using a normative juridical method, and the writing stage was carried out through a literature search which was carried out by examining secondary data including primary legal materials, literature, articles, opinions and teachings of experts and their implementation in laws and regulations. Based on the discussion, it can be concluded that policies related to Digital Rupiah as a modernization of financial market infrastructure are still contained in various regulations, including Law Number 4 of 2023, Bank Indonesia Regulation Number 23/11/PBI/2021, and Bank Indonesia Regulation Number 23/10 /PBI/2021. Digital Rupiah security arrangements in Indonesia refer to Bank for International Settlements (BIS) guidelines and include secure technology infrastructure, cloud-based cybersecurity services, risk management and compliance sistems, as well as application and infrastructure security integration through DevSecOps. Reliability certificates are regulated in Government Regulation Number 71 of 2019
LEGAL PROTECTION AGAINST VICTIMS OF DOXING CRIME IN INDONESIA
Get PDFThe development of the digital era has increased the number of crimes in cyberspace, one of which is doxing. Doxing is the dissemination of information regarding the personal data of a person or group, which is carried out online without the consent of the party concerned. This act is regulated in Article 26 of Law Number 19 of 2016 concerning Electronic Information and Transactions. Legal protection against the crime of doxing is divided into two, namely preventive and repressive. Preventive is where legal protection is provided to prevent doxing by limiting activities on social media, while repressive is in the form of legal protection in the form of criminal sanctions that have been regulated and the rules that have been established in Indonesia. This research is a legal analysis with a conceptual approach. The main objective of this research was to analyze the legal protection against victims of doxing crime in Indonesia. According to this research Legal protection efforts for victims of doxing crime are divided into 2 (two): Preventive legal protection and Repressive Legal is provided by the government by creating cyber police
THE CORRELATION BETWEEN THE UNQUALIFIED OPINION BY THE AUDIT BOARD OF INDONESIA AND ANTI CORRUPTION ACT
Get PDFAn Unqualified Opinion (Opini Wajar Tanpa Pengecualian) is an assessment provided by the Audit Board of Indonesia to state institutions whose financial management is deemed appropriate. However, it is often observed that entities receiving the An Unqualified Opinion designation are subsequently found to have engaged in criminal acts of corruption, which raises public doubts concerning the credibility of BPK's assessments. This study elucidates the correlation between BPK's authority to issue opinions and efforts to combat corrupt practices. The research methodology employed is juridical-normative with a legislative and case-based approach. The findings indicate that Audit Board of Indonesia plays a pivotal role in the fight against corruption. Audit Board of Indonesia 's authority to provide opinions hinges on compliance with the relevant legislation, suggesting that Audit Board of Indonesia can detect the presence or absence of criminal elements committed by the audited entities. The occurrence of corruption cases involving An Unqualified Opinion recipients is primarily due to opportunities and disclosure gaps in the audit process. A correlation exists between Audit Board of Indonesia 's opinions and anti-corruption efforts, albeit limited to the specific category of corruption related to the state's financial scope under Article 2 of Law No. 17/2003. Thus, Audit Board of Indonesia can only identify cases of corruption directly linked to the state's finances, namely Corruption Adversely Affecting State Finances under Articles 2 and 3 of Law No. 31/1999 and Embezzlement in Office under Article 8 of Law No. 20/2001
IMPLEMENTASI KEWENANGAN MAJELIS PENGAWAS NOTARIS TERHADAP PELAKSANAAN PUTUSAN PENGADILAN YANG MEMBATALKAN AKTA OTENTIK
Get PDFEksistensi Notaris sebagai pejabat yang memeiliki kewenangan untuk membuat akta otentik, saat ini semakin dibutuhkan sejalan dengan kemajuan masyarakat. Kemajuan dibidang perekonomian perlu didukung dengan adanya dokumen atau surat-surat yang menjadi alat bukti setiap transaksi. Bahkan dalam hal transaksi atau perbuatan hukum tertentu harus dibuat dalam bentuk akta otentik. Namun dalam implementasinya, tidak sedikit terjadinya persengketaan diantara para pihak, justeru disebabkan karena adanya akta otentik yang dibuat oleh Notaris, bahkan menjadi perkara yang harus diselesaikan melalui pengadilan. Terhadap perkara dimaksud, terdapat putusan pengadilan yang membatalkan akta otentik. Penulisan dalam artikel ini menggunakan metode pendekatan yuridis normatif, yakni penelitian berdasarkan kajian terhadap peraturan perundang-undangan yang berlaku kemudian diuraikan secara deskriptif analitis, yakni argumentasi yang menggambarkan hasil penelitian atas permasalahan yang terjadi. Hasil penelitian menunjukkan bahwa banyak perkara di pengadilan yang mempermasalahkan pembuatan akta otentik sehingga pengadilan menjatuhkan putusan pembatalan akta otentik. Akbat keadaan tersebut diperlukan implementasi putusan pengadilan terhadap Notaris dimaksud. Guna menjaga dan melindungi profesi Notaris, Undang Undang Nomor 2 Tahun 2014 tentang Perubahan Atas Undang Undang Nomor 30 Tahun 2004 tentang Jabatan Notaris telah menentukan dan memberikan kewenangan kepada Menteri Hukum dan Hak Asasi Manusia untuk selanjutnya membentuk Majelis Pengawas Notaris, yang memiiki peran dan fungsi pengawasan dan pembinaan terhadap Notaris, termasuk menerapkan sanksi bagi notaris yang melakukan kesalahan dalam pembuatan akta otentik yang tidak sesuai dengan ketentuan hukum yang berlaku
LEGAL POLICY ON REGULATING THE ACCELERATION OF DEVELOPMENT IN DISADVANTAGED REGIONS IN THE IMPLEMENTATION OF NATIONAL DEVELOPMENT WITH A COLLABORATIVE GOVERNANCE APPROACH
Get PDFAccording to National Medium-Term Development Plan for 2020-2024 (RPJMN 2020-2024), there are still 62 regencies specified as disadvantaged regions. The emergence of these disadvantaged regions is empirically a result of uneven national development in the past. Therefore, an affirmation policy from the government is needed to accelerate the development in disadvantaged regions through an acceleration program. The essence of forming regulations to accelerate the development of disadvantaged regions will be examined using a legal and conceptual approach. The discussion in this study is related to the legal politics of forming regulations to accelerate the development of disadvantaged regions, which is an integral part of the implementation of national development. The results of this research indicate that the legal politics of regulating the acceleration of development in disadvantaged regions in the implementation of national development is a mandate of the 2005-2025 RPJPN Law, Regional Government Law, and Ministry of State Law, which is aimed at providing development preferentially to disadvantaged regions and implemented to include the fulfillment of basic needs as well as basic facilities and infrastructure in disadvantaged regions in order to achieve public welfare through equitable development in Indonesia. Concurrently, accelerating development in disadvantaged regions through the implementation collaborative governance approach is a government policy aimed at creating synergy and integrating programs and activities executed by relevant ministries/agencies and partnering with communities and businesses to support funding for the accelerating development in disadvantaged regions
English
No full textDiscord Music Bot is an Electronic Agent made by the users of an electronic system called Discord, a System which moves on telecommunication. Discord music Bot functions by opening and rebroadcasting a music in Youtube in Discord’s telecommunication room in voice form live. Those activity was done without the consent and knowledge of the copyright owner’s of Youtube. This article will studies about the legal basis of the Discord music bot’s usage of copyrighted music’s and/or song’s in Youtube. And the legal responsibillity of Youtube and Discord on the Discord music bot’s usage. The research method used in this article is the normative juridical method, by doing a research on the legal regulation in the field of copyright and cyberlaw and applying them to the relevant cases. The usage of Discord Music Bot is a prohibited action according to the Anti Circumvention provision and article 30 section (3) of the ITE Law. And Youtube and Discord as the admin of their respective electronic system freed of their legal responsibillity because of a different terms. Youtube freed because of the usage of Discord Music Bot was an act done outside of Youtube’s program and operation. And Discord freed on the basis of Bot which works around User Generated Content which can make Discord freed and only responsible on the aspect of technical administratio