This article examines on how Indonesia’s import policy on animal products after the decision of C... more This article examines on how Indonesia’s import policy on animal products after the decision of Constitutional Court Number 129/PUU-XIII/2015 should be improved in accordance with the legislation formation and international trade rule. This article was based on normative juridical research supported by interviews with several officials of the Indonesian Ministry of Trade in Jakarta, and focus group discussion with some academics of the Universitas Gadjah Mada in Yogyakarta. The data were analyzed qualitatively using inductive approach. This article concludes that this Indonesia’s import policy is consistent with the formal principle of regulation formation, but does not fully comply with the substantive principle. This Indonesia’s import policy is in accordance with the regionalization and harmonization principles of the WTO SPS Agreement. However, it seems to be inconsistent with Article XI.1 GATT, because it requires certain conditions categorized as quantitative restrictions.
Despite the high expectation for the Indonesian Capital Market Arbitration Board (BAPMI) to resol... more Despite the high expectation for the Indonesian Capital Market Arbitration Board (BAPMI) to resolve financial market dispute in an efficient manner, it has settled very few disputes since its establishment. We find this low number of arbitration settlement roots from both institutional factors and capital market players. Walaupun kehadiran Badan Arbitrase Pasar Modal disebut-sebut bermanfaat bagi industri pasar modal karena mampu menyelesaikan sengketa secara efisien, ternyata belum banyak sengketa yang diselesaikan oleh BAPMI. Hasil penelitian menemukan bahwa minimnya jumlah sengketa yang diselesaikan melalui arbitrase di BAPMI disebabkan karena faktor institusi dan pelaku pasar modal sendiri.
Government Regulation Number 24 of 2018 on Electronically Integrated Business Licensing Services/... more Government Regulation Number 24 of 2018 on Electronically Integrated Business Licensing Services/Online Single Submission (GR OSS) marks a new chapter on the effort to improve the ease of doing business (EoDB) in Indonesia. This paper analyses whether or not it is expedient to integrate business registration into the Ministry of Law and Human Rights (MoLHR) to support Indonesia’s EoDB; and examines the legality of the GR OSS from the perspective of the hierarchy of laws. The paper concludes that the integration of business registration into the MoLHR to support Indonesia’s EoDB has already been positive, considering that MoLHR is a part of the executive branch, and the registration process is a part of the government administration that should be exercised by the executive. From the perspective of Law Number 12 of 2011, especially ones related to the hierarchy of laws, the GR OSS that also regulates the registration of business is, in fact, contradict with provisions of business reg...
This research has two purposes. First, to argue the effectiveness of control by the National Agen... more This research has two purposes. First, to argue the effectiveness of control by the National Agency of Drug and Food Control concerning distribution of imported processed food products in establishing consumer protection. Second, to analyze the obstacles faced by the National Agency of Drug and Food Control in the distribution control of imported processed food products in Indonesia. The research result shows that, first: the control by the National Agency of Drug and Food Control concerning distribution of imported processed food products in establishing consumer protection in Indonesia is ineffective yet. The proof is that there are imported processed food products which are illegal and still distributed in Indonesia without permission, also unsafe to be consumed. Moreover, there are imported processed food products which contain dangerous materials and danger to be consumed even though they have license to be distributed in Indonesia. Second, the obstacles faced by the National A...
Law enforcement of international arbitral award in Indonesia is still lacking. Some annulments of... more Law enforcement of international arbitral award in Indonesia is still lacking. Some annulments of the award have occurred in Indonesia. The Himpurna and Karaha Bodas are two notorious cases that show the annulment of the international arbitral awards by a court in Indonesia. However, several legal issues have arisen on this annulment, because the judges in their decision relied on a wrong interpretation to the provision of the United Nation Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (the New York Convention), and the parties agreement. This paper will analyse the error of the Indonesian court in annulling the Himpurna and Karaha Bodas awards. This paper will then demonstrate the judges’ misinterpretation to the New York Convention provision concerning refusal and annulment of foreign arbitral award. This paper ultimately will suggest how to create a proper legal environment in Indonesia to apply international arbitration.
The Indonesian legislature has enacted the Information and Electronic Transaction Bill (the Bill)... more The Indonesian legislature has enacted the Information and Electronic Transaction Bill (the Bill) in 2003, in which digital signature as a technology specific electronic (e) commerce has been promoted. The promotion of digital signature is still problematic, since there is an uncertainty whether Indonesia can develop well a required viable technology of digital signature. Moreover, there is a gap between the actual use of digital signature and the projections of future utilization of digital signature by interested parties on e-commerce. This paper will discuss the reason of the Indonesian legislature promotes digital signature. It will then analyse the gap between the actual use of digital signature and the projections of future utilization of digital signature by interested parties on e-commerce. This paper will finally argue whether the promotion of digital signature of the Bill is useful for the growth of e-commerce in Indonesia.
Protection of marks is relied on first to file principle, which means that mark protection will o... more Protection of marks is relied on first to file principle, which means that mark protection will only be given by registration. The marks registration can be done through both national and international registration. The Madrid Protocol is an international marks registration within Madrid System, which is one of several international marks registration systems in the world. Indonesia now is still studying the benefits and detriments that would be reached if it joined in the Madrid Protocol. The research found that, first; the Madrid Protocol has both advantages and disadvantages. Second; Indonesia would gain much benefit by joining in this system. However, many things should be prepared well in order to minimize the detriment that would occur.
This article seeks to examine the reasons behind why real estate developers continue to erect hou... more This article seeks to examine the reasons behind why real estate developers continue to erect housing districts without proper Building Construction Permits. It will also explore the Local Government’s efforts to regulate construction of housing districts and the consumer’s responses in cases where suchdistricts were built without Building Construction Permits. Findings indicate that such practice byreal estate developers occur due to poor oversight and coordination from licensing agencies, complexpermit requirements which frustrates small scale developers, and low legal awareness from developers and consumers. Local Government efforts include oversight by the Integrated Team, requiring lot-based Building Construction Permits, warnings, and sanctions and socializing licensing regulations. Consumersmeanwhile have increasingly become more proactive in demanding their rights from developers andseeking legal advocacy. Penelitian ini bertujuan untuk mengetahui penyebab dari pengembang pe...
This article examines on how Indonesia’s import policy on animal products after the decision of C... more This article examines on how Indonesia’s import policy on animal products after the decision of Constitutional Court Number 129/PUU-XIII/2015 should be improved in accordance with the legislation formation and international trade rule. This article was based on normative juridical research supported by interviews with several officials of the Indonesian Ministry of Trade in Jakarta, and focus group discussion with some academics of the Universitas Gadjah Mada in Yogyakarta. The data were analyzed qualitatively using inductive approach. This article concludes that this Indonesia’s import policy is consistent with the formal principle of regulation formation, but does not fully comply with the substantive principle. This Indonesia’s import policy is in accordance with the regionalization and harmonization principles of the WTO SPS Agreement. However, it seems to be inconsistent with Article XI.1 GATT, because it requires certain conditions categorized as quantitative restrictions.
Despite the high expectation for the Indonesian Capital Market Arbitration Board (BAPMI) to resol... more Despite the high expectation for the Indonesian Capital Market Arbitration Board (BAPMI) to resolve financial market dispute in an efficient manner, it has settled very few disputes since its establishment. We find this low number of arbitration settlement roots from both institutional factors and capital market players. Walaupun kehadiran Badan Arbitrase Pasar Modal disebut-sebut bermanfaat bagi industri pasar modal karena mampu menyelesaikan sengketa secara efisien, ternyata belum banyak sengketa yang diselesaikan oleh BAPMI. Hasil penelitian menemukan bahwa minimnya jumlah sengketa yang diselesaikan melalui arbitrase di BAPMI disebabkan karena faktor institusi dan pelaku pasar modal sendiri.
Government Regulation Number 24 of 2018 on Electronically Integrated Business Licensing Services/... more Government Regulation Number 24 of 2018 on Electronically Integrated Business Licensing Services/Online Single Submission (GR OSS) marks a new chapter on the effort to improve the ease of doing business (EoDB) in Indonesia. This paper analyses whether or not it is expedient to integrate business registration into the Ministry of Law and Human Rights (MoLHR) to support Indonesia’s EoDB; and examines the legality of the GR OSS from the perspective of the hierarchy of laws. The paper concludes that the integration of business registration into the MoLHR to support Indonesia’s EoDB has already been positive, considering that MoLHR is a part of the executive branch, and the registration process is a part of the government administration that should be exercised by the executive. From the perspective of Law Number 12 of 2011, especially ones related to the hierarchy of laws, the GR OSS that also regulates the registration of business is, in fact, contradict with provisions of business reg...
This research has two purposes. First, to argue the effectiveness of control by the National Agen... more This research has two purposes. First, to argue the effectiveness of control by the National Agency of Drug and Food Control concerning distribution of imported processed food products in establishing consumer protection. Second, to analyze the obstacles faced by the National Agency of Drug and Food Control in the distribution control of imported processed food products in Indonesia. The research result shows that, first: the control by the National Agency of Drug and Food Control concerning distribution of imported processed food products in establishing consumer protection in Indonesia is ineffective yet. The proof is that there are imported processed food products which are illegal and still distributed in Indonesia without permission, also unsafe to be consumed. Moreover, there are imported processed food products which contain dangerous materials and danger to be consumed even though they have license to be distributed in Indonesia. Second, the obstacles faced by the National A...
Law enforcement of international arbitral award in Indonesia is still lacking. Some annulments of... more Law enforcement of international arbitral award in Indonesia is still lacking. Some annulments of the award have occurred in Indonesia. The Himpurna and Karaha Bodas are two notorious cases that show the annulment of the international arbitral awards by a court in Indonesia. However, several legal issues have arisen on this annulment, because the judges in their decision relied on a wrong interpretation to the provision of the United Nation Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (the New York Convention), and the parties agreement. This paper will analyse the error of the Indonesian court in annulling the Himpurna and Karaha Bodas awards. This paper will then demonstrate the judges’ misinterpretation to the New York Convention provision concerning refusal and annulment of foreign arbitral award. This paper ultimately will suggest how to create a proper legal environment in Indonesia to apply international arbitration.
The Indonesian legislature has enacted the Information and Electronic Transaction Bill (the Bill)... more The Indonesian legislature has enacted the Information and Electronic Transaction Bill (the Bill) in 2003, in which digital signature as a technology specific electronic (e) commerce has been promoted. The promotion of digital signature is still problematic, since there is an uncertainty whether Indonesia can develop well a required viable technology of digital signature. Moreover, there is a gap between the actual use of digital signature and the projections of future utilization of digital signature by interested parties on e-commerce. This paper will discuss the reason of the Indonesian legislature promotes digital signature. It will then analyse the gap between the actual use of digital signature and the projections of future utilization of digital signature by interested parties on e-commerce. This paper will finally argue whether the promotion of digital signature of the Bill is useful for the growth of e-commerce in Indonesia.
Protection of marks is relied on first to file principle, which means that mark protection will o... more Protection of marks is relied on first to file principle, which means that mark protection will only be given by registration. The marks registration can be done through both national and international registration. The Madrid Protocol is an international marks registration within Madrid System, which is one of several international marks registration systems in the world. Indonesia now is still studying the benefits and detriments that would be reached if it joined in the Madrid Protocol. The research found that, first; the Madrid Protocol has both advantages and disadvantages. Second; Indonesia would gain much benefit by joining in this system. However, many things should be prepared well in order to minimize the detriment that would occur.
This article seeks to examine the reasons behind why real estate developers continue to erect hou... more This article seeks to examine the reasons behind why real estate developers continue to erect housing districts without proper Building Construction Permits. It will also explore the Local Government’s efforts to regulate construction of housing districts and the consumer’s responses in cases where suchdistricts were built without Building Construction Permits. Findings indicate that such practice byreal estate developers occur due to poor oversight and coordination from licensing agencies, complexpermit requirements which frustrates small scale developers, and low legal awareness from developers and consumers. Local Government efforts include oversight by the Integrated Team, requiring lot-based Building Construction Permits, warnings, and sanctions and socializing licensing regulations. Consumersmeanwhile have increasingly become more proactive in demanding their rights from developers andseeking legal advocacy. Penelitian ini bertujuan untuk mengetahui penyebab dari pengembang pe...
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