Jurnal Bina Mulia Hukum
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Open Policy in The Regulation of Lobster Seed Exports in Indonesia: Sustainable Development Vis A Vis Economic Development
Full text linkDelegation of authority to determine lobster seed export policy to the minister through the Fisheries Law Creates Open policy authority for the Minister of Marine Affairs and Fisheries. During the 2015-2022 period, there were 6 (six) significant changes to the regulation of Marine Affairs and Fisheries regarding the permissibility of lobster seed exports. This condition raises questions about legal certainty for fishermen and lobster cultivators in Indonesia. This study is conducted to provide recommendations for the formulation of lobster seed export regulations that can be utilized by policymakers in the future. The method used in this study is normative juridical research, employing statutory, comparative, and historical approaches. The results of this study indicate that the determination of policies regarding lobster seed exports should not be delegated to the Minister in the form of Ministerial Regulations of Marine Affairs and Fisheries. Based on the sustainable development approach and the national economic development approach, a policy prohibiting lobster seed exports has more positive impacts compared to the legalization of lobster seed exports, particularly regarding the sustainability of lobster resources with high economic value rather than the export of lobster seeds for improving the welfare of fishermen in Indonesia
Legal Protection of Banks That Give Business Capital Credit Without Collateral
Full text linkThis research aims to analyze legal considerations for business credit without collateral and analyze legal protection for banks that provide business credit without collateral. The research method used in this research is normative juridical. The results of the research show that business credit providers have legal protection if business credit without collateral is carried out through preventive protection, which of course requires a formula based on the contents of credit agreement that has been determined and must be implemented if a default occurs. There is a need for the contents of agreement to be precise so it can be binding and stated in the credit agreement, which of course has also been agreed upon by all parties; legal protection, which is considered repressive; as a reference in taking steps if there is a risk of loss from the business carried out by the capital provider; and the need for an institution to Alternative Dispute Resolution in the Financial Services Sector (LAPS Financial Services Sector) is an institution that resolves disputes in the financial services sector outside of court. If the credit repayment stage is problematic, it is necessary to resolve it without harming both parties based on the amount of credit given is not a large amount. So, an Alternative Financial Services Sector Dispute Resolution Institution (Financial Services Sector LAPS) is needed to resolve disputes through face-to-face meetings before a mediator or arbitrator, electronic media, or document inspection
Layout Design for Building Creative Industries in Digitalization Industries 5.0 in Indonesia
Full text linkDTLST (Integrated Circuits Layout Design) is an open-potential electro-semiconductor technology product developed to build creative industries by effectively protecting IPR as registration. Registration is presently not effectively used, with DTLST violations observed. This study examines the protective patterns of DTLST IPR in building creative industries in the 5.0 digitization industries in Indonesia. A normative juridical method was analytically used, with data collection techniques the literature study primary, secondary, and tertiary legal materials. The results showed that Law no. 32 of 2000 concerning DTLST provided advantages for designers because registration was conducted without a market potential test and affected the legal certainty guarantee of the registrant. However, the arrangement did not accommodate substantive examination, priority rights, and protection of the privilege of owners in good faith. This indicated the necessity for improvement by considering the philosophical factors of justice, balance, and democratic-juridical values regarding the binding power of the regulatory and sociological substance via the living law of the designer. Based on the results, collaboration was needed with the DTLST Office, government, private sector, and universities concerning the use and management of DTLST to build creative industries in the Industries 5.0 era in Indonesia
Ethicomedicolegal Perspective of Abortion of Fetuses with Major Congenital Malformations
Full text linkAbortion is considered illegal under the provisions of the 1981 Criminal Code; however, exceptions in the 2009 Health Law allow for abortions in instances where the fetus is deemed "unlikely to survive outside the womb”. Despite this allowance, ethical concerns, ambiguities in legal interpretation, and the practical implementation of abortion procedures in healthcare settings persist. The research problem of this study is how harmonious is the alignment between legislation and medical ethics in navigating abortion of fetuses with major congenital malformation? The methodology used is normative juridical analysis, supplemented by descriptive analysis. The aim is to assess the adequacy of existing regulations concerning abortion in ensuring ethical practices. Results demonstrate the necessity for comprehensive guidance to ensure the legality and ethicality of abortion decisions and procedures. This entails delineating clear criteria for defining, classifying, and assessing the severity of congenital malformations, as well as establishing regulations or practical guidelines governing the diagnostic methods, healthcare facilities, and requisite expertise of medical professionals authorized to perform abortions. Additionally, attention must be directed towards fostering an ethical decision-making process surrounding abortion, alongside implementing robust supervision, monitoring, and evaluation mechanisms to uphold standards of care and ethical conduct within the realm of abortion services
Risk Allocation of Legal Changes in Infrastructure Provision Agreements Through Public-Private Partnership Schemes
Full text linkInfrastructure development is essential for boosting economic growth and improving the welfare of society. However, due to budget constraints, the government has been driven to involve private entities in infrastructure development through the Public-Private Partnership (PPP) scheme. Agreements under the PPP scheme typically span a long period. During the term of such agreements, legal changes that impact the execution of the agreements may occur. This article discusses the allocation of risks associated with legal changes between the parties in a PPP agreement based on internationally accepted risk allocation principles. The research method employed is a normative juridical approach, focusing on secondary data. The research specification used is descriptive-analytical, analyzing issues based on the principles of risk allocation in the PPP scheme, and comparing them with international practices. The research findings reveal that although the risk of legal changes is beyond the control of the private entity, the government only bears the risk of legal changes that are specific and discriminatory, while the risk of general legal changes is regarded as a business risk borne by the private entity. This risk allocation is inconsistent with international risk allocation principles and the specific conditions in Indonesia. Given that the government is the most capable of managing legal change risks, it is more appropriate for the government to bear both specific and discriminatory legal risks, as well as general legal risk
Inconsistency in Recognition and Enforcement of Foreign Arbitral Awards: Non-Compliance or Normative Factors?
Full text linkRecognizing and enforcing a foreign arbitral award has been becoming a global issue. To solve such an issue, the New York Convention 1958 turns out to be an important international legal product regarding the recognition and enforcement of foreign arbitral awards worldwide. States ratifying the convention are internationally bound to respect and assist in the execution of a foreign arbitration award in their respective countries; Indonesia is one of them. It ratified the convention by Presidential Decree Number 34 of 1981. Nonetheless, there is an impression that Indonesia has not implemented the convention consistently, compared to countries that are, considered, friendly to foreign arbitration awards due to the facts that there are several foreign arbitral awards that have been rejected by the District Court. This impression, however, needs to be re-examined by understanding textually the norm formula in the 1958 New York Convention and comparing its implementation among Indonesia and several countries that are considered friendly to foreign arbitration awards. This paper finds that there is a norm formula in the 1958 New York Convention that opens space for ratification countries not to always recognize and enforce foreign arbitral awards in the executing country of the award
Environmental Justice Framework Based on Local Wisdom Model
Full text linkIndonesia's environmental justice system currently does not provide environmental law objectively. The philosophy, paradigm, approach, and objectives of environmental law as a regulatory basis are not applied by judges as intended by environmental law theories and concepts. This article aims to find an ideal environmental justice model. By applying a normative-empirical approach and a comparative method, as well as being based on qualitative juridical analysis, this article explores the values and principles contained in the local wisdom of indigenous communities that are relevant to becoming the basis for an environmental court model. This article concludes that the main problem that hampers environmental law enforcement at the court level is that the philosophy, paradigm, and methods of environmental law are marginalized due to the barriers of civil, criminal, and state administrative law regimes. The ideal environmental justice model is one that is based on the local wisdom values of indigenous communities, where environmental courts should be integrated, judged by certified competent judges, independent, and able to accommodate core environmental law theories and concepts.
 
Challenges in Safeguarding Rights for Child Indigenous Faiths
Full text linkA child of a indigenous faiths community is someone who has grown up in a community that holds certain traditional beliefs or faiths, which are often local and not tied to a major religion or official doctrine. They may follow or practice traditions such as the worship of nature, ancestral spirits, or rituals passed down through generations. In general, protection for minority groups. This research will examine the problematic fulfillment of children's rights of indigenous faiths in Indonesia. The approach method used in the research is normative juridical through legal principles, legal systematics, legal synchronization, and legal comparison. The data analysis method is qualitative juridical obtained through primary, secondary and tertiary data related to case studies of the fulfillment of children's rights of indigenous peoples in the region. The results of the research obtained from the problematic fulfillment of children's rights of indigenous faiths, first, the lack of legal recognition and identity/rejection of childbirth certificate registration for indigenous faiths couples. Second, the right of children to receive education in accordance with the curriculum and teachings of their beliefs. Third, protection from discrimination: Children from indigenous faith communities may be vulnerable to discrimination, and fourth, freedom of religion. The right of children to choose and practice their own religion or belief should be respected and protected
Optimizing Village-Owned Enterprises as Legal Entities in Efforts to Enhance Cooperation and Asset Management
Full text linkVillage-Owned Enterprises (BUM Desa) is a business entity that carries out business in the economic sector and/or public services. The status of BUM Desa is confirmed as a legal business entity in the Law on Job Creation. This article discusses efforts that can be made to optimize the legal entity status of BUM Desa after the enactment of the Law on Job Creation to increase cooperation and management of BUM Desa assets after the enactment of the Job Creation Law. The research method used is normative juridical, namely research based on legal sources and their findings. The research results show that first, determining the legal entity status of BUM Desa has implications for optimizing the intensity of cooperation with third parties. Clarity on the legal entity status of BUM Desa can optimize opportunities for BUM Desa cooperation with third parties, because third parties will feel more secure in collaborating with legal entities as legal subjects who have separate assets. Second, after the establishment of BUM Desa as a legal entity, it is necessary to manage BUM Desa assets separately from Village assets, based on the statutory regulations governing BUM Desa, Good Corporate Governance Principles, and internal regulations of BUM Desa, as well as cooperation agreements with third parties if the object of cooperation is BUM Desa assets
The Implications of the Heir Determination on Heirs Died at the Time the Stipulation is Filed
Full text linkProof of being an heir is required in the process of transferring the heir's inheritance. One proof of being an heir is the determination of the heir, who has the right to inherit by a religious court. However, there are disparities in the three judges decisions in determining heirs who have died when the decision is submitted. This article aims to analyze the basis for the judge's considerations in giving different positions to heirs who have died at the time the decision is requested, and the implications for the transfer of inheritance. This research is normative legal research by analyzing secondary data in the form of court decisions and supplemented by interviews with various sources. The research results were then analyzed qualitatively.The research results show that the judge relied on Article 174 KHI in determining heirs who had died when the application was submitted as heirs. This is appropriate, because it is in accordance with the concept of munashakah in jurisprudence, namely handingover the share of an heir who has died to the person who inherited it because he died after the testator and before the distribution of inheritance was carried out. Another determination does not determine an heir who has died as an heir because the heir is revealed by the heir's biological child. The implication of determining an heir for an heir who has died is that it is necessary to determine another heir for the heir who has died.This is because there are conditions that are not met for the inheritance process, namely the identity (KTP) of the heir who has died.died because there are requirements that are not fulfilled for the process of inheritance assets transfer