Nagari Law Review
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Intellectual Property Rights as Credit Collateral After Published The Government Regulation Number 24 Year 2022
Get PDFThe creative economy has grown rapidly in recent years. Indonesia has published Government Regulation Number 24 Year 2022 concerning Implementing Regulations for the Creative Economy, which is expected to be able to realize the hopes of many entrepreneurs in the creative economy to gain access bank credit based on intellectual property. Bank credit guarantees are based on intellectual property and are a breakthrough in creative economy industry, but these regulations give rise to complex problems because the assets being guaranteed, namely intellectual property rights, are intangible assets, so there are concerns that banks will not accept them as credit providers. In addition, the time period for intellectual property protection is limited and there is no organization in place to evaluate intellectual property assets in Indonesia that can be used as credit collateral. The problem approach method used is the empirical juridical method. This research discusses financing based on intellectual property rights schemes and the obstacles or challenges faced by the banking industry with this financing based on intellectual property rights. The implementation on Creative Economy Government Regulation still has many obstacles in its implementation. It can be seen from many things have not been regulated clearly and in detail, for example regarding the form of Intellectual Property Rights credit collateral binding have not been clearly regulated, Intellectual Property Rights valuation mechanism and the appraisal team, execution techniques, secondary market is not available to facilitate execution. The lack of clear regulations has resulted in concerns from banking institutions about channeling credit to the creative economy because it is considered to be high risk
Analisis Terhadap Batasan Adendum Perjanjian Kerjasama Pemerintah dengan Badan Usaha (KPBU) dalam Penyediaan Infrastruktur
Get PDFAgreements are one of the domains regulated through private legal instruments. However, agreements are not always governed by private legal instruments. Sometimes, public legal instruments also regulate an agreement, especially when it involves government entities. This study aims to examine the extent to which an addendum to a Public Private Partnership Agreement in Infrastructure Provision can be carried out, considering one of the specifications of the procurement mechanism for implementing business entities in the Public Private Partnership scheme, which includes attaching a draft agreement in the Request for Proposal (RfP) document. After a winning Business Entity is selected, the draft agreement is finalized, with the rule that the substance that has been completed cannot be changed. This research focuses on determining the limitations in making an addendum to the Public Private Partnership Agreement in Infrastructure Provision during the draft agreement's finalization and implementation phase. The research method used in this study is empirical legal research, which utilizes primary and secondary data. KPBU agreements are controlled by private legal instruments and regulated through public legal instruments. Even though some provisions do not allow changing the substance being competed for, these provisions are not norms that can be categorized as lex imperfect because if these provisions deviate, they will automatically injure the principles of procurement. Therefore the procurement is not following the principles regulated in the laws – invitation and may result in a failed auction condition
Pengaturan Penjaminan Polis sebagai Upaya Perlindungan Dana Masyarakat dalam Praktik Perasuransian
Get PDFClaiming an insurance policy is a complex issue. Sometimes, insurance companies refuse to pay claims for various reasons and cannot pay policyholders' insurance claims. Therefore, the presence of a policy guarantee institution is essential. Article 53, paragraph (4) of the Insurance Law stipulates that the Law regarding policy guarantee programs shall be formed 3 (three) years after the legalization of the Insurance Law. However, as mandated by Article 53, the policy guarantee institution has yet to be approved. Law Number 4 of 2023 concerning Development and Strengthening of the Financial Sector Development and Strengthening of the Financial Sector or PPSK answers this problem. The Law provides a new mandate to form an institution, the Deposit Insurance Corporation (LPS). The existence of a Policy Guarantee Institution as mandated by the Law No. 40 of 2014 concerning Insurance could not be embodied. Therefore, enacting Law No. 4 of 2023 concerning the development and strengthening of the financial sector will hopefully become the answer. This Law provides the duties and authority of the Deposit Insurance Institution (LPS) to guarantee policies to protect public funds. However, to achieve the goal of the new Law, there should be good coordination between the Financial Services Authority (OJK), the financial services industry supervisory institution, and LPS, the policy guarantee institution. These two institutions should synergize with each other in protecting insurance policyholders
Tanggung Jawab Negara Terhadap Eksploitasi ABK Indonesia di Kapal China Long Xing 629 menurut Hukum Ketenagakerjaan dan dalam Perspekif Hukum Islam
Get PDFThere are many cases of ship crew (ABK) who are treated inhumanely, exploited, and even not paid according to their work contracts, which is a violation of human rights in the form of serious degrading of human dignity. International and Indonesian laws have regulated the protection of the rights of foreign workers. However, implementing those regulations should be assessed to increase the protection of the rights of foreign workers, especially for foreign ship crue. The article examines the extent of the State's responsibility for exploiting ship crew and its protection based on Law Number 39 of 2004 and how to protect foreign ship crew from an Islamic law perspective. The study applies normative legal research, focusing on legal approaches, and content analysis applies library research, collecting information from various sources. This research examines the government's duties in protecting Indonesian migrant workers in China based on Law No. 39/2004. The research results show that if crew members are abused on a ship flying the flag of another country, then that country must exercise its jurisdiction, namely, prosecution and supervision, investigation, and examination. If the case of crew abuse involves Indonesia and China, then the two countries must work together to investigate the case. As a signing party to several International agreements such as CERD, UDHR, and ILO, the government of Indonesia is accountable for protecting Indonesian crews that work on foreign ships. From the perspective of Islamic law, crew members, as weak and vulnerable parties, have the right to receive protection. Therefore, the State, through the government, is obliged to protect the rights of crew members, which have been stipulated in law and agreed upon with the employer as a service provider
Implikasi Pengisian Jabatan Tinggi Pratama Terhadap Pelaksanaan Putusan Pengadilan Tata Usaha Negara Akibat Pemberhentian Pejabat Tinggi Oleh Pejabat Pembina Kepegawaian
Get PDFThis study aims to find a solution or policy in the case of the termination of the Senior High Officials (Regional Secretary of West Pasaman Regency) by Civil Service Officers (Regent of West Pasaman Regency). The Regional Secretary of West Pasaman Regency who was terminated then filed a lawsuit to Padang Administrative Court (PTUN Padang) which court stating that the decision that termination was invalid, so the Terminated Official had the right to be reinstated. The court decision could not be implemented and came to a dead end because the position had also been filled by another Official (the new Regional Secretary of West Pasaman Regency) by the merit system according to the State Civil Apparatus Law (ASN Law) which was elected by the Committee. The selection of the leaders of the Primary High Offices are based on the recommendations of the State Civilian Bureaucracy Commission (KASN). This research was conducted using a sociologic and juridical method that analyzes the application of laws and regulations. The results showed that the termination of the Regional Secretary of West Pasaman Regency in terms of authority was in accordance with the regulations but in terms of procedural the Regent did not follow the provisions contained in the Civil Servant Discipline Regulation because the tenure of the regional secretary was less than 2 years without any summons, but immediately issued a Termination Letter based on the recommendation from the Inspectorate and the Governor of West Sumatra. Implications of the reappointment of Manus Handri as regional secretary based on the court decision which states that the termination of the regional secretary is illegal, but cannot be implemented because the new regional secretary has been elected based on KASN recommendations during the process of resolving Manus Handri's lawsuit at court. Termination and reinstated are difficult to be implemented because there are unclear provisions on how long the Human Resources Officer can reinstate terminated Officials who submit their cases to the Court. Therefore, there must be clear provisions in Law Number 30 Year 2014 and / or in Law Number 5 Year 1986 concerning the position of Officials who challenge the Decree on Transfer or termination during the trial process until the court's decision has permanent legal force. There should be a clause so that the Civil Service Officer (PPK) does not fill a new official with a position that is currently being processed in court
Consumer Representative Actions in the Financial Sector
Get PDFThe presence of a non-governmental consumer protection organization plays a vital role in assisting consumers whose position tends to be weak and overseeing the implementation of bank executions so that they are carried out fairly. The organization can also represent a broad group of consumers to appear before the court for consumer protection. This study analyzes the legal protection of consumers based on the omnibus financial law of the Financial Sector Development and Strengthening Law and the Consumer Protection Law as well as the role of non-governmental consumer protection institutions in providing advocacy and consultation to consumers in the financial services sector. This study also addresses the legal standing of nongovernmental consumer protection organizations in court. This study aims to provide an analysis of consumer protection in the financial services sector and the role of nongovernmental consumer protection organizations in their involvement in consumer disputes in the financial services sector. The results of the research are based on case studies, that there are still lawsuits filed by non-governmental consumer protection organizations on behalf of consumers in the financial services sector that do not meet the requirements as stipulated in the Law
Penguatan Asas Kebebasan Berkontrak Untuk Kepentingan Umum Dalam Layanan Pinjaman Online Dengan Menggunakan Pendekatan Rule of Law
Get PDFThis article analyzes the setting of very high interest rates on information technology-based lending and borrowing services by the Indonesian Funding Fintech Association (AFPI). AFPI was given self-regulating authority by the OJK (Financial Services Authority) to determine loan interest rates which caused disproportionate positions between borrowers and lenders. This research aims to answer problems in terms of the substance of fintech peer to peer lending regulations in Indonesia, so a comprehensive analysis is needed from the perspective of statutory regulations and conceptually so that legal protection can be achieved for the public, especially borrowers. The results of this research show that the unequal position of the parties in fintech agreements is due to a lack of understanding of the principle of complete freedom of contract. The application of the principle of freedom of contract in fintech can be said to be not optimal and still applies artificially due to the urgent interests of borrowers who are in a weak position where urgent needs are forced to agree to agreements with high interest rates. It is necessary to limit the principle of freedom of contract because it has an impact on injustice and in the public interest it is necessary to break through public law into civil law. Apart from that, it is necessary to strengthen the Pancasila economic system again because it is in accordance with the identity of the Indonesian nation. Apart from that, the law must be a determinant of the economy, not as an instrument to support the economic system, thus causing the economy to be more determinant over the law
Peran Orang Tua Dalam Pendidikan Anak: Analisis Undang-Undang tentang Perlindungan Anak dalam Perspektif Hukum Islam
Get PDFThis study aims to explain parents' role in educating children by analyzing Law No. 20 of 2003 on the national education system and Law No. 35 of 2014 on child protection. This research employs a qualitative descriptive method and literature review. Data collection involves gathering information from various sources, such as books, magazines, and online news, followed by reading and recording the information. The research data is analyzed descriptively. The findings indicate that Law No. 20 of 2003 and Law No. 35 of 2014 can be divided into two parts: (1) fundamentals, functions, and objectives of the national education system; rights and obligations of citizens, parents, society, and government; learners; and types of education; (2) the role of parents in raising children includes nurturing, caring, educating, protecting, fostering the child's development according to their abilities, talents, and interests, preventing child marriage, imparting character education, and instilling moral values in children. In the context of fiqh siyasah, both Law No. 20 of 2003 and Law No. 35 of 2014 mandate parents to provide education to their children because education is the child's right, ensuring their well-being and guaranteeing fundamental rights stipulated in Islamic law
Legal Protection For Investors of Government Bonds Whose Clauses Do Not Have A Maturity Period
Get PDFThe state in running its government needs funds with the aim of national development and maintaining the stability of the country's economy. One of the funds obtained is through debt instruments, both domestic debt and foreign debt. The government avoids foreign debt, thus optimizing domestic debt with consideration so that the public can participate in raising funds for national development. With this goal, the government issued government bonds or better known as Government Bonds (SUN). Government Bonds are securities in the form of debt recognition letters in rupiah and foreign currencies guaranteed by the payment of interest and principal by the Republic of Indonesia, in accordance with the validity period. However, the SUN issued in 1950 by the government, has no perpetual bond. Unlike the SUN issued today, there is a maturity period and guaranteed by interest and principal payers as stipulated in Law Number 24 of 2002 concerning Government Bonds. Meanwhile, the SUN issued in 1950 has no time period, so it does not provide legal certainty and legal protection to holders of the 1950 SUN, even though the SUN was issued by the same government
Public Participation In Legislation (Legal Comparation Studies In Indonesia, South Africa, And United State)
Get PDFCommunity participation and the legal needs of the community are inherent in the process of forming laws. In fact, these two elements are manifestations and crystallizations of the ideal idea of democracy. In a democracy, public participation is a condition sine qua non. Without public participation in the process of making laws, it will only result in authoritarian regulations and bias against the true meaning of democracy. So that it will result in the formation of laws that are not sourced from the soul and legal needs of the community (volkgeist). The method in this study uses legal research methods with a qualitative approach in the form of normative legal studies and (normative legal studies), where the type of research is descriptive analytical research. In addition, the approach used is a comparative approach (comparison), a historical approach, an institutional approach and a futuristic approach. Community participation in the formation of laws in Indonesia, South Africa and the United States has already started. Although public participation in law-making has some constraints such as slowdown in the legislative process and budgetary requirements, it brings more benefits to the government and society. However, the legitimacy of the process, the issue of justice, also creates better regulations and ultimately creates a stronger quality of democracy so that there is no doubt that public participation is an important part of the legislative process