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Application of the New York Convention to International Investment Arbitration Awards: An Analysis from the Perspectives of Indonesia and China
Get PDFSince the 21st century, as countries have increasingly engaged in international economic activities, the economic ties between nations and regions have grown progressively closer, and cross-border investments have surged. Consequently, investment disputes, which often accompany these investments, have emerged as a critical issue that cannot be overlooked by host governments and foreign investors. Currently, the predominant method for resolving investment disputes is through international arbitration. Therefore, the enforcement of investment arbitration awards has become a key indicator of the effectiveness of the dispute resolution mechanism. A significant area of concern and research is whether the New York Convention can be applied to investment arbitration awards. As signatories to the Convention, both Indonesia and China recognize and enforce foreign arbitral awards. This paper analyzes whether foreign arbitral awards encompass investment arbitral awards by examining the content of the Convention, its savings clause, and relevant case law, with the aim of further exploring the implications of applying the Convention to investment arbitral awards and how China and Indonesia should address these implication
Mogok Kerja Tenaga Medis: Problematika pada UU Ketenagakerjaan dan Pilihan Model Pengaturannya
Get PDFThe issue of healthcare workers\u27 strikes remains complex in terms of regulatory frameworks. On one hand, there is a conflict of interest between public interest in access to healthcare services and, on the other, the Labor Law, which regards the right to strike as a fundamental right of workers, integral to collective bargaining. This paper examines the challenges in regulating healthcare workers\u27 strikes by analyzing Article 139 of the Labor Law and exploring regulatory models that support the provision of high-quality healthcare services. The findings highlight several key points. First, Article 139 of the Labor Law does not yet provide a proportional approach to balancing the right to strike with the right to healthcare. This is due to rigid interpretations of the term public interest, ambiguities in norms, a lack of alignment with the core essence of striking, and weakened access to striking. Empirical studies also reveal that strict conditions often make it challenging for strikes to be legally recognized, thus limiting worker protection. Second, two regulatory models are proposed for managing healthcare workers\u27 strikes: a prohibition model with an arbitration mechanism and a controlled strike model implementing a Minimum Service Level (MSL). The author argues that the MSL model could achieve a reasonable balance between workers\u27 ability to strike and the obligation of the government and employers to ensure proportionally accessible, quality healthcare services
Prevalence of Peri-implantitis and Assessment of Oral Health-related Quality of Life Among Patients with Dental Implants at Hospital Universiti Sains Malaysia
Get PDFPatient-reported outcomes about peri-implantitis are lacking among the Asian population, impacting decision-making in dental implant therapy. Objectives: This study aimed to assess the prevalence of peri-implantitis among Malaysian adults, and its impact on oral health-related quality of life (OHRQoL). Methods: Randomly selected 105 participants (adults aged 18 and above) having 265 implants were examined and diagnosed as with or without peri-implantitis (PI). Clinical examinations, including peri-implant probing depth, bleeding, and suppuration on probing with radiographic bone loss, were used to determine peri-implant status. OHRQoL of all participants were recorded using the short version of the Malaysian Oral Health Impact Profile [S-OHIP(M)] and reported as prevalence and severity of impact scores. Results: Prevalence of PI was 20.95% (95%CI 13.17-28.74) at the patient level and 11.7% (95%CI 7.83-15.57) at the implant level. Participants with PI had significantly greater percentages (p \u3c 0.05) reporting impacts ‘fairly often’ or ‘very often’ in the dimensions ‘functional limitation’ and ‘handicap’ with their respective sub-items ‘difficulty chewing’ and ‘spending money.’ Both groups showed no significant difference in impact severity across items and domains. Although total S-OHIP(M) scores were higher in the PI group, the difference was not significant (p = 0.105). Conclusion: Peri-implantitis is relatively prevalent at 20%, but its impact on OHRQoL is minimal
DISHARMONI PERATURAN PENAWARAN PRIORITAS WILAYAH IZIN USAHA PERTAMBANGAN KHUSUS (WIUPK) PASCA DIPRIORITASKAN TERHADAP BADAN USAHA ORGANISASI KEMASYARAKATAN “KEAGAMAAN”
Get PDFAbstract
Priority offering of Special Mining Business License Areas (WIUPK) to business entities owned by religious community organizations without going through an auction process has caused legal polemics in Indonesia, especially after the enactment of Government Regulation (PP) Number 25 of 2024 concerning Amendments to Government Regulation Number 96 of 2024 2021 concerning Implementation of Mineral and Coal Mining Business Activities. This research aims to examine whether the policy is in accordance with applicable laws and regulations, especially in the context of implementing mineral and coal mining business activities. Apart from that, this research will also analyze the legal consequences that could arise if disharmony occurs in the regulations related to Special Mining Permit Areas (WIUPK), especially related to potential conflicts between applicable laws and regulations. One potential disharmony is related to the law. No. 3 of 2020 concerning Amendments to UU. No. 4 of 2009 concerning Mineral and Coal Mining. This research is doctrinal legal research using a statutory approach and a conceptual approach.
Keywords: Disharmony, bidding, Special Mining Permit Area (WIUPK), Business Entity, Religious Community Organization, Auctio
ORANG LAUT – BAJAK LAUT – RAJA LAUT: TEORI ADRIAN B. LAPIAN DALAM POLA MASYARAKAT MARITIM KERAJAAN SRIWIJAYA
Get PDFThis short article attempts to apply Adrian B. Lapian\u27s theory of three maritime community groups (Sea People, Pirates, & Sea Kings) in the context of the Srivijaya Kingdom other than the Sulu Islands which are the focus of Lapian\u27s discussion. This article analyzes the involvement of the king in the recruitment of Pirates and the organizational structure of Pirates and Sea Kings in Srivijaya. Meanwhile, the Sea People group in the Srivijaya Kingdom is analyzed here by identifying their roles in trade and cooperation with Sea Raiders and Sea Lords according to Adrian B. Lapian\u27s previous theory from the case study of the Sulu Sultanate. It was found that the novelty of the study was that there was a comparison of cases in the Riau-Bangka Belitung Islands Sea Region with the Sulawesi Sea and Sulu Islands in terms of the loyalty of the Sea People in Sulu and Srivijaya (Riau-Bangka Islands). Likewise, the organizational structure of the Sea Kings and the Pirate recruitment system in both regions had significant differences. This study uses a historical method that has four stages, namely heuristics, criticism, verification, and historiography
PENGGUNAAN PERAGA VISUAL PADA PROGRAM PENGABDIAN MASYARAKAT DI WILAYAH PESISIR DAN KEPULAUAN RAWAN BENCANA
Get PDFIndonesia’s coastal and archipelagic regions are vulnerable to disasters such as earthquakes, tsunamis, and floods. In this context, community service activities require participatory and educational approaches that are easily understood by people of various ages and backgrounds. This article discusses the use of visual aids—such as infographics, leaflets, animated videos, illustrations, and x-banners—as tools for disaster education. Through a literature review of four articles on community service programs, this study finds that visual aids are effective in increasing disaster risk awareness, reinforcing visual memory of mitigation procedures, and engaging vulnerable groups such as children and indigenous communities. This approach also enables the integration of local knowledge into culturally and regionally grounded risk reduction strategies. The article recommends the use of visual methods as a transformative strategy for disaster education in coastal and island areas
Pelindungan Hukum Bagi Konsumen Dalam Menyampaikan Ulasan Atas Suatu Produk Melalui Platform Media Sosial
Get PDFProduct reviews on social media have become an essential source of information for consumers and play a significant role in building trust in businesses. However, negative reviews often lead to legal disputes, particularly concerning allegations of defamation under Article 27 paragraph (3) of the ITE Law. This study examines legal protections for consumers in expressing reviews, focusing on the right to freedom of expression as guaranteed by Articles 28E paragraphs (2) and (3) and Article 28F of the 1945 Constitution, Law No. 39 of 1999, Law No. 12 of 2005, Article 19 of the UDHR, and the ICCPR. Additionally, Article 4(d) of the Consumer Protection Law recognizes consumers’ rights to express opinions and complaints. Using a doctrinal method, the study reveals inconsistencies in legal practice. The Supreme Court Decision No. 6057 K/Pid.Sus/2022 protects fact-based criticism, while the North Jakarta District Court Decision No. 1265/Pid.Sus/2023 criminalizes reviews deemed defamatory. The study highlights the importance of educating consumers on responsible expression and the need for more consistent regulations to balance freedom of expression and reputation protection in the digital era
Peran Sharia Venture Capital Corporation dan Venture Debt Corporation terhadap Usaha Mikro, Kecil, dan Menengah di Indonesia
Get PDFThe limited number of Sharia-compliant venture capital companies results in restricted access for Micro, Small, and Medium Enterprises (Usaha Mikro, Keci, dan Menengahl/UMKM) to alternative funding sources. This limitation may also stem from a lack of literacy regarding Islamic economics and finance among venture capital business players and the broader business community. Therefore, it is necessary to examine the implementation of Sharia Principles within the framework of Venture Capital Corporations (VCC) and Venture Debt Corporations (VDC), as well as the expected role of VCC and VDC in the development of UMK in Indonesia. The findings indicate that both VCC and VDC have applied Sharia principles through agreements that align with their respective characteristics. In addition to providing capital, VCC and VDC are also expected to play a role in offering management support and strategic guidance to UMKM
The Dramaturgy of Public Policy on Raising Subsidized Fuel Prices in Indonesia (Policy Comparative Analysis Between 2013 and 2022)
Get PDFThis study examines the policy of raising subsidized fuel prices in Indonesia through a dramaturgical lens, employing discourse analysis as its methodology. Each fuel price increase triggers intense political debates, involving key governmental figures and eliciting diverse public responses. The research contrasts two pivotal periods: the policy decisions during President Susilo Bambang Yudhoyono\u27s administration in 2013 and those under President Joko Widodo in 2022. Using a dramaturgical framework, the study analyzes the dimensions of scripting, setting, staging, and performance in policymaking, highlighting how each administration constructs distinct policy narratives. In 2013, the policy faced significant opposition and robust public discourse. In contrast, by 2022, media strategies were strategically employed to shape the narrative and mitigate dissent. The findings reveal contrasting approaches by the two administrations in managing the political and social consequences of the fuel price increases. These insights contribute to a deeper understanding of the dynamics of public policy in the context of economic and political challenges, emphasizing the critical role of communication strategies in the implementation of contentious policies
Spin Coater Design with PID Algorithm Using Polynomial Regression Approach and Bias Tuning for TiO2 Deposition Process
Get PDFThe thin-film deposition technique using spin coating offers a cost-effective alternative to Chemical Vapor Deposition (CVD) and Physical Vapor Deposition (PVD). The spin-coating process requires precise control of the motor drive system to ensure that the rotational speed, measured in rotations per minute (RPM), aligns with the set point and remains stable. This study presents the design and development of a spin coater prototype to achieve uniform thin-film deposition. The control method employed utilizes a Proportional-Integral-Derivative (PID) algorithm, incorporating a polynomial approach with bias tuning. The PID control was chosen to achieve stable operation in a non-linear system. The performance of the non-linear PID control system is compared with an open-loop control system by evaluating the overshoot behavior. In the first experiment, a proximity sensor was tested to measure the spin coater motor\u27s speed in an open-loop control configuration. The performance was evaluated using Mean Absolute Error (MAE) and Mean Absolute Percentage Error (MAPE) metrics, with results showing an MAE of 1358.6 RPM and a MAPE of 23.13% compared to a tachometer. In the second experiment, step-response testing was conducted using a closed-loop PID control system with a polynomial approach and bias tuning. Compared to the open-loop system, the closed-loop PID controller reduced overshoot to less than 3%. The RPM deviation between the spin coater and the tachometer was limited to range, approaching ideal conditions. The closed-loop control was tested within the 5000–9000 RPM range, where stable RPM regulation resulted in more uniform TiO2 thin-film distribution on glass substrates. This study highlights the effectiveness of closed-loop PID control in achieving precise rotational control, which is essential for enhancing the quality of thin-film deposition