pujiyono suwadi - Academia.edu (original) (raw)
Papers by pujiyono suwadi
Halal Development: Trends, Opportunities and Challenges, 2021
The implementation of the halal product certification in Indonesia is closely related to efforts ... more The implementation of the halal product certification in Indonesia is closely related to efforts to fulfill consumer rights, especially Muslim consumers. It is not only limited to consumer goods but also used goods such as clothing and services of tourism and hotels, which many people expect to be halal-guaranteed. Halal is also related to religious rules, but many people already understand that halal products are healthy and clean. In addition to protecting consumers, it can also increase the economic income of business actors. The halal certification process in Indonesia, which was initially under the authority of the Indonesian Ulema Council, has now shifted its authority after the enactment of the Halal Product Guarantee Law. The Indonesian Ulama Council is no longer the only institution authorized to certify halal products. However, there is a new institution under the Ministry of Religion, namely the Halal Product Guarantee Agency. In 2019, the scope of the Halal Product Guarantee Law should be adequate. Nevertheless, the news institution that organizes halal product certification is experiencing several obstacles, which then creates an impression in the community that the institution is not ready for and is ineffective in carrying out its role in implementing halal food certification in Indonesia.
JILS (Journal of Indonesian Legal Studies), Nov 30, 2021
The research stems from Decision Number 224 PK/PID.SUS/2018 which grants the application for judi... more The research stems from Decision Number 224 PK/PID.SUS/2018 which grants the application for judicial review (hereinafter abbreviated as PK) by a suspected narcotics abuser with a novum (new evidence) in the form of previous judges' decisions. In this case, this study aims to conceptualize how the regulation of PK legal remedies in criminal cases should be. This research is a normative
The development of technology introduces people to the topic of the Internet of Things (IoT), art... more The development of technology introduces people to the topic of the Internet of Things (IoT), artificial intelligence (AI), big data, and the blockchain. The blockchain became popular in 2009 and growing rapidly because the use of the Blockchain tends to be profitable in the business and government systems. This study aims to identify and analyze regulations regarding blockchain in Indonesia. This study compares blockchain regulation in Indonesia with countries in the Americas, Europe, and Asia. Based on regulatory comparisons with several countries, blockchain regulation in Indonesia is still weak. The blockchain, which stores several smart contracts, needs to be further regulated in the legislation. The use of blockchain that knows no boundaries of time and territory is the government's task in making several regulations, including regulations regarding taxation, protection of personal data, and prevention of money laundering and terrorist financing. One way that can be done is to fulfill the recommendations from the FATF which has previously regulated how blockchain works. In addition to the government, the active role of the community, especially crypto asset trading actors is needed to build a healthy ecosystem and bring prosperity to society and the country.
International Journal of Law and Management, Nov 13, 2017
PurposeThis paper aims to provide an overview of existing condition, rules and implementation of ... more PurposeThis paper aims to provide an overview of existing condition, rules and implementation of CSR and create harmony models of corporate social responsibility (CSR) between regulation, Javanese culture values and universal principles, to fill the lack of CSR regulation in Indonesia.Design/methodology/approachThis study is based on sociology legal research. The regulations and principles have been studied by using the approach of law and social sciences. That characteristic is descriptive evaluative. The primary data are taken from interview with the senior source relations of PT Pertamina Hulu Energi (PHE) in Jakarta, President Director of PT Rosalia Indah Group in Surakarta and Your Honour Prince of Surakarta Hanadiningrat Kingdom. Secondary data are obtained from the review of the literatures pertaining to the material. Secondary data consist of legal materials such as regulations, books, papers and other references. Data analysis technique use theoretical interpretative.FindingsCSR is implemented by company only for lifting the image. CSR fund allocation is still a company’s secret, and it becomes evidence of the lack of transparency for companies to manage and provide social cost to society. It can also be found that some companies collect donations from the public for disaster relief, but in the distribution of aid, they use the name of a CSR company. There is polarization in the implementation of CSR. A government- owned company is already bound by the provisions of the Regulation of the Minister of state-owned enterprises.Research limitations/implicationsThis paper discusses the CSR implementation in Indonesia and it creates a model of accountability of CSR to fill the legal vacuum that occurs at this time. This paper formulates a good relation between traditional Javanese value, government regulations and universal CSR principle.Practical implicationsThere remains a mismatch between the Javanese values of philosophy with the positive regulatory norms that result in the implementation of CSR only to meet the requirements of the positive regulatory norm and ignore the obligations involved and to aid the prosperity of the public society.Social implicationsCommunities around a company have not been able to enjoy the advantages of the company. Communities should fight for their own lives without being dependent on or being supported by a company’s existence.Originality/valueThis research combines the Javanese values with the positive legal regulations in the implementation of CSR in Indonesia. This research has not been conducted by the others. This research will provides benefits on the idea of imposing sanctions on the non-implementation of CSR, not only through positive legal regulations but also through social sanctions embodied in the Javanese values.
Journal of Law and Sustainable Development
Objective: Reconstruction of the authorities of investigators of the Financial Service Authority ... more Objective: Reconstruction of the authorities of investigators of the Financial Service Authority (FSA) as special investigators is needed to shed light on special cases of economic crimes in the financial services sector. Method: For investigators in general, it is difficult to handle such cases which have so far been assigned to the Police institution which basically has the main task of protecting society and maintaining public order. This has affected the powerless image of the criminal justice system in Indonesia in meeting the expectations of consumers and justice seekers as well as supporting national economic growth in a sustainable and stable manner, as defined to be the objective of the FSA establishment. This research method is empirical. Result: The results of the study show that the KSP Indosurya case worth IDR 106 trillion ended in the imprisonment of the plaintiff's lawyer while the defendant was declared acquitted because the criminal case was decided to be ad...
Journal of Law and Sustainable Development
Objective: The Mark Appeal Commission has a role in examining appeal petitions against the reject... more Objective: The Mark Appeal Commission has a role in examining appeal petitions against the rejection of mark registration applications. However, when the Petitioner's mark registration is rejected by the Directorate of Mark and Geographical Indication, the Petitioner immediately files a lawsuit to the Commercial Court by going through the appeal stage at the Mark Appeal Commission, there are 2 (two) verdicts that rejects and grants the lawsuit. Method: The problem of this research is related to the legal certainty on the commercial court authority to examine and adjudicate mark disputes without a prior appeal petition to the Mark Appeal Commission. The research uses a normative juridical method with qualitative analysis. Result: The research indicates that the legal certainty on the commercial court authority to examine and adjudicate mark disputes without a prior appeal petition to the Mark Appeal Commission is that an appeal petition at the Mark Appeal Commission is not an...
Russian Law Journal
Terrorisme is extraordinary crime which penetrates the barriers of religion and state. The crime ... more Terrorisme is extraordinary crime which penetrates the barriers of religion and state. The crime of terrorism has grown rapidly in Indonesia which can be threatening security on a national or international scale. Terrorism grows because of two fundamental factors, namely economic deprivation and political injustice. So far, the approach to countering terrorism in Indonesia is not encouraging, it is proven that terrorism crimes still occur every year. A repressive approach to enforcing the law of retaliation must be breached with the possibility of opening up opportunities for the implementation of restorative justice in dealing with terrorism, particularly in the criminal justice system. To finish this study, a conceptual and statutory study is carried out so that it gets an adequate discussion. For this reason, it is necessary to enforce laws that are firm and do not benefit either party, by using the Restorative Justice approach which is considered capable of achieving justice in ...
Lex Scientia Law Review
This study aims to reconstruct the ideal setting in the implementation of chemical castration san... more This study aims to reconstruct the ideal setting in the implementation of chemical castration sanctions in Indonesia based on the medical code of ethics. This research is a normative legal research, the approach used is a case approach, comparative approach and a conceptual approach, with a literature study research technique. The granting of the authority to execute chemical castration by a doctor is contrary to the principles contained in the medical code of ethics, including: First, it contradicts the principle of autonomy at the level of implementation of the principle of Autonomy which is applied in the form of the principle of "informed consent" where in carrying out his duties a doctor must first choose approval from the family and the patient for all actions that result in a decrease in the patient's physical endurance. Second, it is against the principle of non-maleficence, which prohibits actions that harm or worsen the patient's condition. Third, it is a...
This article describes and examines the problem, first, the legal standing of the Arbitration Onl... more This article describes and examines the problem, first, the legal standing of the Arbitration Online according to Law No. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. Secondly, there are legal problems if online arbitration is carried out in Indonesia. This research is prescriptive normative legal research. Types of data and sources of research material include primary and secondary legal materials. The data collection technique used is the study of literature and through Cyber media, furthermore the technical analysis used is the deductive method. The results show that online arbitration can actually be carried out in Indonesia. Through Law No. 11 of 2008 concerning Electronic Information and Transactions that were changed using Law No. 19 of 2016 concerning Amendments to Law No. 11 of 2008 and Government Regulation No. 71 of 2019 concerning the Implementation of Electronic Transactions and Systems the government has provided the means and foundation for c...
Revista de Gestão Social e Ambiental
Purpose: The purpose of this article is to provide an avenue for the regulatory model of GI regis... more Purpose: The purpose of this article is to provide an avenue for the regulatory model of GI registration in traditional alcoholic beverage products based on multiculturalism. Method: This study is a normative legal study that employs a comparative legal approach, with Malaysia and Turkey serving as comparison material. Results and conclusion: The findings revealed that Indonesia, as a state and nation, has a diverse population, ethnicities, and cultures, all of which have different values and norm systems. The prohibition of traditional alcoholic beverages from being protected under the GI regime undoubtedly has an economic impact on these communities. This must be addressed as soon as possible. In this article, the author provides a regulatory model that exemplifies the Malaysian state as stipulated in the Malaysian Geographical Indication Act 2000, so that traditional Indonesian alcoholic beverages can be protected through the GI regime by revising Article 56 paragraph 1 lette...
Journal of Law and Sustainable Development
Objective: The importance of an electronic deal is the validity of the electronic information con... more Objective: The importance of an electronic deal is the validity of the electronic information contained in it. The real reality that occurs in cyber activities is complex because such deeds are no longer limited to the territory of any other country. Method: The United Nations Commission on Global Trade Law (UNCITRL) model law on electronic trade was established as a fundamental rule for regulating the validity, recognition, and results of electronic messages based on the use of computers in trade activities. Indonesia and the United States are among the member states of the UNCITRL state that can actively participate in the drafting of the UNCITRL Agreement and adopt model legislation. The aim of this learning was to compare the regulation of electronic contracts in Indonesia and the United States by referring to the UNCITRL model law on electronic commerce. The legal research methodology used in this study is the standard legal approach using statutory methods and conceptual met...
Jurnal IUS Kajian Hukum dan Keadilan, 2018
Indonesia adalah negara dengan intensitas bencana alam yang cukup sering, khususnya gempa. Bencan... more Indonesia adalah negara dengan intensitas bencana alam yang cukup sering, khususnya gempa. Bencana alam telah menimbulkan dampak kerugian yang cukup signifikan terhadap pertumbuhan ekonomi di daerah terdampak. Pemerintah harus hadir sebagai bagian dari solusi, khususnya dalam memulihkan ekonomi. Salah satu upaya untuk mendukung pemulihan kondisi perekonomian dilakukan dengan memberikan perlakuan khusus terhadap kredit atau pembiayaan bank dengan jumlah tertentu dan kredit atau pembiayaan yang direstrukturisasi. Pemerintah melalui Otoritas jasa Keuangan membuat kebijakan khusus berupa pelonggaran aturan untuk restrukturisasi, penilaian kualitas kredit atau pembiayaan syariah, dan/atau pemberian kredit/pembiayaan syariah baru dengan Peraturan Otoritas Jasa Keuangan Nomor 45/POJK.03/2017 tentang Perlakuan Khusus terhadap Kredit atau Pembiayaan Bank bagi Daerah-daerah Tertentu di Indonesia yang Terkena Bencana Alam. Melalui kebijakan khusus ini, perusahaan pembiayaan dapat memberikan relaksasi kepada debitur berupa rescheduling pembayaran angsuran, diskon biaya administratif, dan penghapusan denda akibat keterlambatan pembayaran angsuran. Di dalam implementasinya kebijakan ini menemui berbagai problematika.
International Journal of Human Rights in Healthcare
Purpose This study aims to analyze the way Indonesian and the US laws regulate the reality and im... more Purpose This study aims to analyze the way Indonesian and the US laws regulate the reality and implications of legal issues regarding telemedicine, including the protection of citizens in using telemedicine. Design/methodology/approach This normative legal study used secondary data comprising primary and secondary legal materials based on the law as a norm. The normative legal method was used because the data were based on laws and regulations, reports, journals and research governing telemedicine in Indonesia and the USA. Findings The results showed similarities between Indonesia and the USA regarding health services as part of protecting human rights. The differences in implementing telemedicine are from a legal aspect. The legal comparison of telemedicine implementation between the two countries resulted in differences in regulation, informed consent, medical records, practice licenses and medical prescriptions. Research limitations/implications This study discussed telemedicine’...
Proceedings of the 1st Tidar International Conference on Advancing Local Wisdom Towards Global Megatrends, TIC 2020, 21-22 October 2020, Magelang, Jawa Tengah, Indonesia, 2021
The purpose of this research is to find out the legal protection of geographical indications from... more The purpose of this research is to find out the legal protection of geographical indications from the perspective of the Geographical Indication Law in Indonesia. Indonesia has many potentials for biodiversity. There are several regional products in Indonesia have been known by international markets so that they have a high economic value, which needs to be followed by legal protection. Indonesia has ratified several international conventions into Laws, including the TRIPS Agreement, the Convention on Biological Diversity, the Treaty on Plant Genetic Resources for Food and Agriculture (TPGRFA) which should protect all potential Geographical Indications Indonesia at the level of international trade. The research method in this scientific paper was normative legal research using some approach, namely: Statute Approach, Conceptual Approach, and Comparative Approach. Intellectual Property Right is part of human rights, which included in the economic, social, and cultural fields. In Indonesia, the regulation and legislation concerning HKI have been changed several times. The latest laws and regulations are as follows: UU Number 20, 2016, concerning the trademarks and Geographical Indications. Geographical indications are a sign that indicates the area of origin of an item or product due to geographical, environmental factors including natural factors, human factors or a combination of these two factors which provide certain reputation, quality, and characteristics on the goods or products produced. Legal protection is divided into preventive legal protection and repressive legal protection.
SEMAR (Jurnal Ilmu Pengetahuan, Teknologi, dan Seni bagi Masyarakat), 2021
Bunga rosella dipercaya memiliki manfaat kesehatan yang cukup tinggi dan memiliki rasa yang unik.... more Bunga rosella dipercaya memiliki manfaat kesehatan yang cukup tinggi dan memiliki rasa yang unik. Dalam berbagai penelitian, bunga rosella dapat menyembuhkan berbagai macam penyakit dan mencegah berbagai penularan penyakit serta dapat digunakan sebagai pewarna dan pengawet alami pada makanan atau minuman. Namun, cara budidaya tanaman rosella sangat berpengaruh pada khasiat atau kualitas dan kuantitas dari produk yang dihasilkan. Sehingga diperlukan pemahaman tentang budidaya tanaman rosella kepada masyarakat. Saat ini di pasaran sudah banyak beredar produk teh bunga rosella, namun pemanfaatannya sangat terbatas. Tujuan yang ingin dicapai dalam kegiatan ini adalah agar masyarakat mengetahui cara budidaya tanaman rosella yang baik dan benar serta mengetahui cara pembuatan sirup bunga rosella. Kegiatan pengabdian sudah dilaksanakan dengan metode penyuluhan dengan penyampaian materi tentang budidaya tanaman rosella, berbagai produk olahan rosella, dan terkait izin produk rumah tangga (P...
SASI, 2020
The position of the prosecutor's office which is under two powers namely executive and judici... more The position of the prosecutor's office which is under two powers namely executive and judiciary causes the prosecutor's office to become an institution that is not independent and free, thus causing blemishes to commit fraud by prosecutors. This study aims to find out how the reality of the independence of prosecutors in prosecution and know how the cultural rearrangement for prosecutors in prosecution as a process of the criminal justice system. Research methods The research method uses normative research through a conceptual approach and a statue approach. The results showed that the ambiguous position of the prosecutor made the prosecutor hesitant in carrying out their duties, was not independent and was not free and there was a judicial mafia. With regard to this condition, re-structuring of the prosecutor's independence in prosecution is needed. This is intended so that the prosecutor's office becomes an independent institution by integrally restructuring the l...
International Journal of Multicultural and Multireligious Understanding, 2021
The administration of Indonesian franchises is specifically regulated through a Government Regula... more The administration of Indonesian franchises is specifically regulated through a Government Regulation and a Regulation of the Minister of Trade. Apart from being subject to the rules that specifically regulate, it must also be based on other legal provisions in the field of Intellectual Property and the Civil Code because franchising is an agreement that arises and is binding due to a franchise agreement. Problems that often arise are about the existence of intellectual property which is still in the registration process and not yet certified, but the business owner has franchised or entered into a partnership with other parties which results in legal uncertainty and guarantees the full use of intellectual property by the franchisee. So that researchers are interested in raising the title of research on Protection for Franchisee of Unregistered Trademark with the aim to find out what forms of legal protection for the franchisee. In this study, an empirical juridical research method ...
Halal Development: Trends, Opportunities and Challenges, 2021
The implementation of the halal product certification in Indonesia is closely related to efforts ... more The implementation of the halal product certification in Indonesia is closely related to efforts to fulfill consumer rights, especially Muslim consumers. It is not only limited to consumer goods but also used goods such as clothing and services of tourism and hotels, which many people expect to be halal-guaranteed. Halal is also related to religious rules, but many people already understand that halal products are healthy and clean. In addition to protecting consumers, it can also increase the economic income of business actors. The halal certification process in Indonesia, which was initially under the authority of the Indonesian Ulema Council, has now shifted its authority after the enactment of the Halal Product Guarantee Law. The Indonesian Ulama Council is no longer the only institution authorized to certify halal products. However, there is a new institution under the Ministry of Religion, namely the Halal Product Guarantee Agency. In 2019, the scope of the Halal Product Guarantee Law should be adequate. Nevertheless, the news institution that organizes halal product certification is experiencing several obstacles, which then creates an impression in the community that the institution is not ready for and is ineffective in carrying out its role in implementing halal food certification in Indonesia.
JILS (Journal of Indonesian Legal Studies), Nov 30, 2021
The research stems from Decision Number 224 PK/PID.SUS/2018 which grants the application for judi... more The research stems from Decision Number 224 PK/PID.SUS/2018 which grants the application for judicial review (hereinafter abbreviated as PK) by a suspected narcotics abuser with a novum (new evidence) in the form of previous judges' decisions. In this case, this study aims to conceptualize how the regulation of PK legal remedies in criminal cases should be. This research is a normative
The development of technology introduces people to the topic of the Internet of Things (IoT), art... more The development of technology introduces people to the topic of the Internet of Things (IoT), artificial intelligence (AI), big data, and the blockchain. The blockchain became popular in 2009 and growing rapidly because the use of the Blockchain tends to be profitable in the business and government systems. This study aims to identify and analyze regulations regarding blockchain in Indonesia. This study compares blockchain regulation in Indonesia with countries in the Americas, Europe, and Asia. Based on regulatory comparisons with several countries, blockchain regulation in Indonesia is still weak. The blockchain, which stores several smart contracts, needs to be further regulated in the legislation. The use of blockchain that knows no boundaries of time and territory is the government's task in making several regulations, including regulations regarding taxation, protection of personal data, and prevention of money laundering and terrorist financing. One way that can be done is to fulfill the recommendations from the FATF which has previously regulated how blockchain works. In addition to the government, the active role of the community, especially crypto asset trading actors is needed to build a healthy ecosystem and bring prosperity to society and the country.
International Journal of Law and Management, Nov 13, 2017
PurposeThis paper aims to provide an overview of existing condition, rules and implementation of ... more PurposeThis paper aims to provide an overview of existing condition, rules and implementation of CSR and create harmony models of corporate social responsibility (CSR) between regulation, Javanese culture values and universal principles, to fill the lack of CSR regulation in Indonesia.Design/methodology/approachThis study is based on sociology legal research. The regulations and principles have been studied by using the approach of law and social sciences. That characteristic is descriptive evaluative. The primary data are taken from interview with the senior source relations of PT Pertamina Hulu Energi (PHE) in Jakarta, President Director of PT Rosalia Indah Group in Surakarta and Your Honour Prince of Surakarta Hanadiningrat Kingdom. Secondary data are obtained from the review of the literatures pertaining to the material. Secondary data consist of legal materials such as regulations, books, papers and other references. Data analysis technique use theoretical interpretative.FindingsCSR is implemented by company only for lifting the image. CSR fund allocation is still a company’s secret, and it becomes evidence of the lack of transparency for companies to manage and provide social cost to society. It can also be found that some companies collect donations from the public for disaster relief, but in the distribution of aid, they use the name of a CSR company. There is polarization in the implementation of CSR. A government- owned company is already bound by the provisions of the Regulation of the Minister of state-owned enterprises.Research limitations/implicationsThis paper discusses the CSR implementation in Indonesia and it creates a model of accountability of CSR to fill the legal vacuum that occurs at this time. This paper formulates a good relation between traditional Javanese value, government regulations and universal CSR principle.Practical implicationsThere remains a mismatch between the Javanese values of philosophy with the positive regulatory norms that result in the implementation of CSR only to meet the requirements of the positive regulatory norm and ignore the obligations involved and to aid the prosperity of the public society.Social implicationsCommunities around a company have not been able to enjoy the advantages of the company. Communities should fight for their own lives without being dependent on or being supported by a company’s existence.Originality/valueThis research combines the Javanese values with the positive legal regulations in the implementation of CSR in Indonesia. This research has not been conducted by the others. This research will provides benefits on the idea of imposing sanctions on the non-implementation of CSR, not only through positive legal regulations but also through social sanctions embodied in the Javanese values.
Journal of Law and Sustainable Development
Objective: Reconstruction of the authorities of investigators of the Financial Service Authority ... more Objective: Reconstruction of the authorities of investigators of the Financial Service Authority (FSA) as special investigators is needed to shed light on special cases of economic crimes in the financial services sector. Method: For investigators in general, it is difficult to handle such cases which have so far been assigned to the Police institution which basically has the main task of protecting society and maintaining public order. This has affected the powerless image of the criminal justice system in Indonesia in meeting the expectations of consumers and justice seekers as well as supporting national economic growth in a sustainable and stable manner, as defined to be the objective of the FSA establishment. This research method is empirical. Result: The results of the study show that the KSP Indosurya case worth IDR 106 trillion ended in the imprisonment of the plaintiff's lawyer while the defendant was declared acquitted because the criminal case was decided to be ad...
Journal of Law and Sustainable Development
Objective: The Mark Appeal Commission has a role in examining appeal petitions against the reject... more Objective: The Mark Appeal Commission has a role in examining appeal petitions against the rejection of mark registration applications. However, when the Petitioner's mark registration is rejected by the Directorate of Mark and Geographical Indication, the Petitioner immediately files a lawsuit to the Commercial Court by going through the appeal stage at the Mark Appeal Commission, there are 2 (two) verdicts that rejects and grants the lawsuit. Method: The problem of this research is related to the legal certainty on the commercial court authority to examine and adjudicate mark disputes without a prior appeal petition to the Mark Appeal Commission. The research uses a normative juridical method with qualitative analysis. Result: The research indicates that the legal certainty on the commercial court authority to examine and adjudicate mark disputes without a prior appeal petition to the Mark Appeal Commission is that an appeal petition at the Mark Appeal Commission is not an...
Russian Law Journal
Terrorisme is extraordinary crime which penetrates the barriers of religion and state. The crime ... more Terrorisme is extraordinary crime which penetrates the barriers of religion and state. The crime of terrorism has grown rapidly in Indonesia which can be threatening security on a national or international scale. Terrorism grows because of two fundamental factors, namely economic deprivation and political injustice. So far, the approach to countering terrorism in Indonesia is not encouraging, it is proven that terrorism crimes still occur every year. A repressive approach to enforcing the law of retaliation must be breached with the possibility of opening up opportunities for the implementation of restorative justice in dealing with terrorism, particularly in the criminal justice system. To finish this study, a conceptual and statutory study is carried out so that it gets an adequate discussion. For this reason, it is necessary to enforce laws that are firm and do not benefit either party, by using the Restorative Justice approach which is considered capable of achieving justice in ...
Lex Scientia Law Review
This study aims to reconstruct the ideal setting in the implementation of chemical castration san... more This study aims to reconstruct the ideal setting in the implementation of chemical castration sanctions in Indonesia based on the medical code of ethics. This research is a normative legal research, the approach used is a case approach, comparative approach and a conceptual approach, with a literature study research technique. The granting of the authority to execute chemical castration by a doctor is contrary to the principles contained in the medical code of ethics, including: First, it contradicts the principle of autonomy at the level of implementation of the principle of Autonomy which is applied in the form of the principle of "informed consent" where in carrying out his duties a doctor must first choose approval from the family and the patient for all actions that result in a decrease in the patient's physical endurance. Second, it is against the principle of non-maleficence, which prohibits actions that harm or worsen the patient's condition. Third, it is a...
This article describes and examines the problem, first, the legal standing of the Arbitration Onl... more This article describes and examines the problem, first, the legal standing of the Arbitration Online according to Law No. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. Secondly, there are legal problems if online arbitration is carried out in Indonesia. This research is prescriptive normative legal research. Types of data and sources of research material include primary and secondary legal materials. The data collection technique used is the study of literature and through Cyber media, furthermore the technical analysis used is the deductive method. The results show that online arbitration can actually be carried out in Indonesia. Through Law No. 11 of 2008 concerning Electronic Information and Transactions that were changed using Law No. 19 of 2016 concerning Amendments to Law No. 11 of 2008 and Government Regulation No. 71 of 2019 concerning the Implementation of Electronic Transactions and Systems the government has provided the means and foundation for c...
Revista de Gestão Social e Ambiental
Purpose: The purpose of this article is to provide an avenue for the regulatory model of GI regis... more Purpose: The purpose of this article is to provide an avenue for the regulatory model of GI registration in traditional alcoholic beverage products based on multiculturalism. Method: This study is a normative legal study that employs a comparative legal approach, with Malaysia and Turkey serving as comparison material. Results and conclusion: The findings revealed that Indonesia, as a state and nation, has a diverse population, ethnicities, and cultures, all of which have different values and norm systems. The prohibition of traditional alcoholic beverages from being protected under the GI regime undoubtedly has an economic impact on these communities. This must be addressed as soon as possible. In this article, the author provides a regulatory model that exemplifies the Malaysian state as stipulated in the Malaysian Geographical Indication Act 2000, so that traditional Indonesian alcoholic beverages can be protected through the GI regime by revising Article 56 paragraph 1 lette...
Journal of Law and Sustainable Development
Objective: The importance of an electronic deal is the validity of the electronic information con... more Objective: The importance of an electronic deal is the validity of the electronic information contained in it. The real reality that occurs in cyber activities is complex because such deeds are no longer limited to the territory of any other country. Method: The United Nations Commission on Global Trade Law (UNCITRL) model law on electronic trade was established as a fundamental rule for regulating the validity, recognition, and results of electronic messages based on the use of computers in trade activities. Indonesia and the United States are among the member states of the UNCITRL state that can actively participate in the drafting of the UNCITRL Agreement and adopt model legislation. The aim of this learning was to compare the regulation of electronic contracts in Indonesia and the United States by referring to the UNCITRL model law on electronic commerce. The legal research methodology used in this study is the standard legal approach using statutory methods and conceptual met...
Jurnal IUS Kajian Hukum dan Keadilan, 2018
Indonesia adalah negara dengan intensitas bencana alam yang cukup sering, khususnya gempa. Bencan... more Indonesia adalah negara dengan intensitas bencana alam yang cukup sering, khususnya gempa. Bencana alam telah menimbulkan dampak kerugian yang cukup signifikan terhadap pertumbuhan ekonomi di daerah terdampak. Pemerintah harus hadir sebagai bagian dari solusi, khususnya dalam memulihkan ekonomi. Salah satu upaya untuk mendukung pemulihan kondisi perekonomian dilakukan dengan memberikan perlakuan khusus terhadap kredit atau pembiayaan bank dengan jumlah tertentu dan kredit atau pembiayaan yang direstrukturisasi. Pemerintah melalui Otoritas jasa Keuangan membuat kebijakan khusus berupa pelonggaran aturan untuk restrukturisasi, penilaian kualitas kredit atau pembiayaan syariah, dan/atau pemberian kredit/pembiayaan syariah baru dengan Peraturan Otoritas Jasa Keuangan Nomor 45/POJK.03/2017 tentang Perlakuan Khusus terhadap Kredit atau Pembiayaan Bank bagi Daerah-daerah Tertentu di Indonesia yang Terkena Bencana Alam. Melalui kebijakan khusus ini, perusahaan pembiayaan dapat memberikan relaksasi kepada debitur berupa rescheduling pembayaran angsuran, diskon biaya administratif, dan penghapusan denda akibat keterlambatan pembayaran angsuran. Di dalam implementasinya kebijakan ini menemui berbagai problematika.
International Journal of Human Rights in Healthcare
Purpose This study aims to analyze the way Indonesian and the US laws regulate the reality and im... more Purpose This study aims to analyze the way Indonesian and the US laws regulate the reality and implications of legal issues regarding telemedicine, including the protection of citizens in using telemedicine. Design/methodology/approach This normative legal study used secondary data comprising primary and secondary legal materials based on the law as a norm. The normative legal method was used because the data were based on laws and regulations, reports, journals and research governing telemedicine in Indonesia and the USA. Findings The results showed similarities between Indonesia and the USA regarding health services as part of protecting human rights. The differences in implementing telemedicine are from a legal aspect. The legal comparison of telemedicine implementation between the two countries resulted in differences in regulation, informed consent, medical records, practice licenses and medical prescriptions. Research limitations/implications This study discussed telemedicine’...
Proceedings of the 1st Tidar International Conference on Advancing Local Wisdom Towards Global Megatrends, TIC 2020, 21-22 October 2020, Magelang, Jawa Tengah, Indonesia, 2021
The purpose of this research is to find out the legal protection of geographical indications from... more The purpose of this research is to find out the legal protection of geographical indications from the perspective of the Geographical Indication Law in Indonesia. Indonesia has many potentials for biodiversity. There are several regional products in Indonesia have been known by international markets so that they have a high economic value, which needs to be followed by legal protection. Indonesia has ratified several international conventions into Laws, including the TRIPS Agreement, the Convention on Biological Diversity, the Treaty on Plant Genetic Resources for Food and Agriculture (TPGRFA) which should protect all potential Geographical Indications Indonesia at the level of international trade. The research method in this scientific paper was normative legal research using some approach, namely: Statute Approach, Conceptual Approach, and Comparative Approach. Intellectual Property Right is part of human rights, which included in the economic, social, and cultural fields. In Indonesia, the regulation and legislation concerning HKI have been changed several times. The latest laws and regulations are as follows: UU Number 20, 2016, concerning the trademarks and Geographical Indications. Geographical indications are a sign that indicates the area of origin of an item or product due to geographical, environmental factors including natural factors, human factors or a combination of these two factors which provide certain reputation, quality, and characteristics on the goods or products produced. Legal protection is divided into preventive legal protection and repressive legal protection.
SEMAR (Jurnal Ilmu Pengetahuan, Teknologi, dan Seni bagi Masyarakat), 2021
Bunga rosella dipercaya memiliki manfaat kesehatan yang cukup tinggi dan memiliki rasa yang unik.... more Bunga rosella dipercaya memiliki manfaat kesehatan yang cukup tinggi dan memiliki rasa yang unik. Dalam berbagai penelitian, bunga rosella dapat menyembuhkan berbagai macam penyakit dan mencegah berbagai penularan penyakit serta dapat digunakan sebagai pewarna dan pengawet alami pada makanan atau minuman. Namun, cara budidaya tanaman rosella sangat berpengaruh pada khasiat atau kualitas dan kuantitas dari produk yang dihasilkan. Sehingga diperlukan pemahaman tentang budidaya tanaman rosella kepada masyarakat. Saat ini di pasaran sudah banyak beredar produk teh bunga rosella, namun pemanfaatannya sangat terbatas. Tujuan yang ingin dicapai dalam kegiatan ini adalah agar masyarakat mengetahui cara budidaya tanaman rosella yang baik dan benar serta mengetahui cara pembuatan sirup bunga rosella. Kegiatan pengabdian sudah dilaksanakan dengan metode penyuluhan dengan penyampaian materi tentang budidaya tanaman rosella, berbagai produk olahan rosella, dan terkait izin produk rumah tangga (P...
SASI, 2020
The position of the prosecutor's office which is under two powers namely executive and judici... more The position of the prosecutor's office which is under two powers namely executive and judiciary causes the prosecutor's office to become an institution that is not independent and free, thus causing blemishes to commit fraud by prosecutors. This study aims to find out how the reality of the independence of prosecutors in prosecution and know how the cultural rearrangement for prosecutors in prosecution as a process of the criminal justice system. Research methods The research method uses normative research through a conceptual approach and a statue approach. The results showed that the ambiguous position of the prosecutor made the prosecutor hesitant in carrying out their duties, was not independent and was not free and there was a judicial mafia. With regard to this condition, re-structuring of the prosecutor's independence in prosecution is needed. This is intended so that the prosecutor's office becomes an independent institution by integrally restructuring the l...
International Journal of Multicultural and Multireligious Understanding, 2021
The administration of Indonesian franchises is specifically regulated through a Government Regula... more The administration of Indonesian franchises is specifically regulated through a Government Regulation and a Regulation of the Minister of Trade. Apart from being subject to the rules that specifically regulate, it must also be based on other legal provisions in the field of Intellectual Property and the Civil Code because franchising is an agreement that arises and is binding due to a franchise agreement. Problems that often arise are about the existence of intellectual property which is still in the registration process and not yet certified, but the business owner has franchised or entered into a partnership with other parties which results in legal uncertainty and guarantees the full use of intellectual property by the franchisee. So that researchers are interested in raising the title of research on Protection for Franchisee of Unregistered Trademark with the aim to find out what forms of legal protection for the franchisee. In this study, an empirical juridical research method ...