bluuebunny/crossref_metadata_2025 huggingface dataset:
Socio-Psychological State of Russian Society and Social Attitudes of Different Groups of Russians
Authors:   Institute of Sociology of FCTAS RAS, Latova Nataliya V.
Published: January 2024

The article analyses the socio-psychological state of the Russian society from the point of view of mainly subjective indicators, which can be considered as characteristics of the national psychological capital. The main subject of the study is social moods (emotional states) of the country's citizens, which are formed by the life situation of Russians in general. The analysis of the data of the all-Russian survey conducted in June 2023 by the Institute of Sociology of FNISC RAS leads to the conclusion that after the extremely negative changes at the beginning of the last year (immediately after the beginning of the SWO) the emotional state of Russians began to improve. Nevertheless, at the time of the analysed poll, the ratio of positively and negatively disposed citizens remained one of the worst for the entire period since 2014. The bulk of Russians (almost half of the country's residents) are in an anxious state. At the same time, the society is characterised by too small a share (only 3% - the lowest in the past ten years of observations) of those who experience emotional uplift. At the same time, the share of Russians with extremely negative feelings of well-being has fallen within the norm usual for Russian society in the last decade. In 2023, we observe an overlap of factors traditional for post-Soviet Russia that form negative social moods with situational factors related to the SWO in Ukraine. Thus, the most negative social moods (irritation, bitterness and aggression) are primarily formed among Russians with poor self-assessments of their financial situation, expectation of its deterioration in the near future, serious problems related to work, and, finally, a change in attitude towards the course pursued by the country's leadership. In its turn, anxiety is especially promoted by changes related to social ties in the close circle of communication: departure of relatives and friends abroad, deterioration of relations due to disagreements in the attitude towards the SWO. Increased anxiety is also observed among those who have faced the threat of mobilisation, whose relatives and friends have been killed or injured during participation in special operation, who have felt an increase in current expenses, as well as reduced opportunities for foreign travel. It should be stated that Russians have experienced the emergence of new frustrations, rather than the deepening of previously existing frustrations. If we consider the socio-psychological state of Russian society as an important resource for its development, then we can conclude that in 2023 the satisfactory state of national material resources (economists predict GDP growth of 2-3% by the end of the year) is combined with a very alarming state of intangible resources (primarily, the national psychological capital), which does not allow us to talk about the socio-economic well-being of Russians.
A Reflection on the Role of Ulama and Community Leaders in Raising Socio-Cultural Capital to Deal with Terrorist Groups in Bukit Jalin, Aceh Besar
Authors: Sahrasad Herdi , Chaidar Al , Tabrani Dedy
Published: January 2024

The emergence of terrorist groups in the Aceh Province, which is spreading, was revealed after reports from residents and local clerics about armed training carried out by this radical group in Bukit Jalin, Aceh Besar, in September 2009. This terrorism case attracted the attention of the local government and local community. All of this has mainly happened because the expansion of the material world and technology has structured new settings for needs and patterns of life and created fields or jobs (occupations) that are very different from what had developed in the agrarian society in Aceh that was pre-Islamic. -industry. These changes in employment are directly related to economic development in the era of capitalism, which in turn requires investment in capital goods and an increase in the standard of prosperity. As a result, “as the economy develops, the need for skilled workers, technologists, and generally educated people increases almost geometrically”. Thus, what is then witnessed is the continuous adjustment efforts of the traditional and modern world of education into the dynamics of the expansion of the material and technological world. With the emergence of terrorist movements and radical movements that try to offer perspectives and solutions that are based on considerations of violence in addressing the problems of modernity and Indonesianness, it is necessary to play the role of ulama and community leaders who are able to raise socio-cultural capital to deal with the problems of radicalism and terrorism in Aceh/Indonesia in the era of capitalism, in addition to strict law enforcement to eradicate terrorism that threatens our people in Aceh and Indonesia.
Concentration Level and Market Power of Islamic Bank Industry: Analysis of Pre and Post Bank Syariah Indonesia Merger
Authors: Syamlan Yaser Taufik , Wahyuni Sari , Sudiharto Lily
Published: January 2024

This paper attempted to examine the concentration and the degree of market power in the Indonesian Islamic Bank Industry during the pre and post-Bank Syariah Indonesia mega-merger. However, using the Strategic Tripod concept, this paper explored the response of the competitor pursuant to the merger. This paper used two main secondary data sources, which were 2 quarterly financial reports before the merger and 1 quarterly financial report after the merger of 34 Islamic bank data, and applied the Herfindhal-Hircsmann Index and Concentration Ratio of the top 5 Islamic banks. This paper discovered that the concentration ratio was at a moderate level. Moreover, based on the CR5 calculation result, Islamic banks have an oligopoly market structure. As for the response to the mega-merger, this paper divides 34 islamic banks into 3 clusters which are full-fledged Islamic banks (Bank Umum Syariah), Private Owned Islamic Subsidiary (Unit Usaha Syariah), Province Owned Islamic Subsidiary (Unit Usaha Syariah Bank BPD). Based on the strategic tripod, the strategy of the Islamic full-fledged bank orchestrates resources to win the competition. The privately owned Islamic Subsidiaries are taking advantage of their resource sharing with their parents. Meanwhile, the Province Islamic subsidiary's strategy relies on the regulations determined by the bank shareholders, who, in this case, are the government province.
The Benefits and Costs of Reaching Net Zero Emissions in Latin America and the Caribbean
Authors: Kalra Nidhi , Molina-Pérez Edmundo , Syme James , Esteves Fernando , Cortés Hermilio , Rodríguez-Cervantes Mateo Tonatiuh , Espinoza-Juárez Víctor Manuel , Jaramillo Marcela , Baron Richard , Alatorre Claudio , Butazzoni Marco , Vogt-Schilb Adrien
Published: January 2024

Are development and decarbonization conflicting or complementary goals? In this report, we explore how Latin America and the Caribbean can improve socioeconomic and development outcomes while also reaching net-zero greenhouse gas emissions by 2050. Specifically, we introduce SiSePuede, an open source decarbonization modeling toolkit that evaluates decarbonization actions costs, benefits, and emissions reductions across the economy. We find that maximizing actions could achieve net-zero emissions in the region before 2050 and net $2.7 trillion in benefits compared to more traditional development. Benefits include massive fuel cost savings; avoided costs from reduced air pollution, congestion, and car crashes; and the value of ecosystem services from forests. Although there are many paths to net-zero emissions, three actions are critical: producing electricity with renewables, electrifying transport, and protecting and restoring forests by halting deforestation and shifting food-production patterns. Economy-wide strategies that implement these actions at scale can reduce emissions dramatically and net enormous benefits to the region even amid deep uncertainties, with a median of $1 trillion in net benefits across all scenarios. These benefits are unevenly distributed across sectors and actors, and across time, so realizing them and ensuring a just transition to net zero requires governments to overcome important financing, regulatory, infrastructure, and other barriers. Each country must tailor its own strategy to address development and emissions goals based on local priorities, capabilities, resources, and technical capacity. SiSePuede provides a robust analytical foundation to support these efforts.
Digital Rupiah as a Proponent of Financial Inclusion: A Study of Legal Strengthening Aspects
Authors: Ayu Purnamawati Shinta , Kharisma Nuryasinta Radhityas , Ramdhani Setyawan Fadjar , Alam Syariful , Luthfi Muhammad , Adhial Fajrin Yaris , Puspitasari Wardoyo Yohana
Published: January 2024

The public’s need for a payment system that is fast and inexpensive but also secure, inspired Bank Indonesia to create a digital currency known as the Digital Rupiah. The basis for Bank Indonesia’s consideration of launching the Digital Rupiah is to carry out its mandate in the digital era in the form of legal digital payment instruments so that it can become a means of supporting financial innovation. However, the potential for Digital Rupiah as financing inclusion or exclusion is also a crucial matter that needs to be studied in more depth. This study uses a type of normative legal research with data sources through library research, which will analyze the potential for financial inclusion and exclusion and examine the strengthening of the Digital Rupiah from a legal perspective. The results of this study indicate that there is still potential for financial exclusion posed by Digital Rupiah, therefore a strategy is needed to open up opportunities for financial inclusion from Bank Indonesia, regulators, ministries, and other institutions in efforts to provide financial services to the wider communities. This also includes supporting greater digital economic and financial integration that are equitable and sustainable for all the people. The provisions for Digital Rupiah that have been embedded in the P2SK Law are still minimal because the provisions for managing them have not been fully explained. So it is necessary to strengthen the regulation of several aspects so that Digital Rupiah can become a financial inclusion requirement.
Keywords: digital Rupiah, financial inclusion, legal reinforcement
Director's Accountability for the Company's Sales Results and Commissioner's Actions in Asset Recovery
Authors: Murti Lubis Tri , Natasya Sirait Ningrum , Sitompul Zulkarnain , Siregar Mahmul
Published: January 2024

This study examines directors’ accountability for company sales results and commissioners’ actions in asset recovery regarding an embezzlement case involving Conti Chandra, a Director at PT. Bangun Mega Semesta (BMS) in Hotel Batam City Condotel (BCC). Relevant court decisions include Supreme Court Decision No. 567K/PID/2016, Pekanbaru High Court Decision No. 212/Pid.B/2015, and Batam District Court Decision No. 321/Pid.B/2015. It focuses on two main issues: corporate managers’ accountability based on Law No. 40 of 2007 on limited liability companies and criminal liability for “embezzlement crime in position” within a limited liability company. The study uses a normative legal research method with a descriptive approach, relying on secondary data and qualitative analysis. Findings indicate corporate managers’ accountability during general meetings of shareholders. Criminal liability for embezzlement relates to directors’ fiduciary duty to shareholders, requiring prudence, responsibility, and good faith. Two recommendations are proposed: First, The Indonesian government should revise the limited liability company law on holding directors and commissioners accountable for neglecting management and supervision duties and emphasizing fiduciary duty. Second, the Directors of Batam City Condotel should adhere to fiduciary duty principles under the board of commissioners’ supervision.
Keywords: commissioners actions, directors, embezzlement
Authority of the Labor Inspector in Protecting Worker's Rights
Authors: . Darwati
Published: January 2024

Protection of labor rights is formulated in Law Number 13 of 2003 concerning Manpower. In order to supervise the enactment of labor rights that are formulated in the law, supervision of labor issues is needed. Formulation of the problems are based on questions such as: How is the legal protection of workers’ rights? 2. What are the legal sanctions for violations of workers’ rights? 3. What is the authority of the labor inspectorate in supervising workers’ rights? The methodologies used are normative juridical and sociological juridical. The theory used is the rule of law theory, the theory of supervision, and the theory of authority. The results of research on the legal protection of workers’ rights are regulated in Article 77, Article 78, Article 88, and Article 90 of Law Number 13 of 2003 concerning manpower. Violations of workers’ rights are subject to legal sanctions as formulated in Articles 185 and Article 187 of the Law - Law Number 13 of 2003 concerning manpower. The authority of labor inspectors is to guide and coerce violations of the law and to process criminal acts for said violations. In conclusion, labor inspectors are asked to be firm in supervising violations committed by employers.
Keywords: abor inspector authority, protection of labor, protecting worker’s right
Pancasila Legal Theory in the Management of Indonesia's Marine Economic Rights in International Law
Authors: Putra Sitorus Andi , . Suhaidi , Syahrin Alvi , . Rosmalinda
Published: January 2024

The vast amount of Indonesia’s marine riches that have been seized by other nations and the government’s failure to manage natural wealth are two characteristics of the management of marine economic rights as long as it is not ideal. To protect Indonesia’s maritime wealth, it is required to create a legal theory that can be applied as a workaround. Because the values of the Pancasila legal system have been embodied by the Indonesian people as the heart of the country, therefore it can be employed as a remedy. Since this justice and civilization require the state to correctly execute its rights and obligations and not take away the maritime resources of other countries, these principles should also be upheld by the entire nation. This research study is normative, by collecting legal theory materials including Pancasila legal theory and data on Indonesia’s marine wealth.
Keywords: marine economic rights, Pancasila legal theory
Verbal Abuse Resulting from Rigid Stereotypes of Gender and Identity for LGBTQ+ People
Authors: . Zuraedah , Anggriani Jum , Marbun Rocky
Published: January 2024

Verbal abuse toward individuals who identify as LGBTQ+ are often rooted in rigid stereotypes and societal norms surrounding gender and identity. This type of abuse can range from derogatory comments and slurs to threats and harassment and can significantly impact the mental health and well-being of those who experience it. This study aimed to focus on verbal rejection, which is indirectly and unwittingly, carried out in the immediate environment of LGBTQ+ people. The main method of research conducted was primary data obtained directly from LGBTQ+ people, questionnaires were circulated randomly through social media, and then the data were analyzed by descriptive analysis. According to the study’s findings, verbal violence against LGBTQ+ individuals frequently occurs in Indonesia, since it is still considered to be a taboo or odd. In order to establish a more inclusive and accepting society for everyone, regardless of a person’s gender identity or sexual orientation, it is imperative to confront and destroy these harmful presumptions.
Keywords: verbal abuse, LGBTQ+, gender identity, harassment
The Role of Traditional Heads in Resolving Land Disputes in Sekerat Village, Bengalon District, East Kutai Regency East Kalimantan Province
Authors: . Badrunsyah
Published: January 2024

The role of traditional heads in resolving land disputes that occur in Sekerat Village, East Kutai Regency provides a solution in solving problems faced by warring communities because of land disputes, especially customary land. This is so that the problem does not take place continuously causing a dispute between the two disputing parties. This type of research is descriptive with a qualitative approach, using purposive sampling techniques as informants. This study uses qualitative data analysis methods. The people of Sekerat Village have their own way of solving the problem outside court or non-litigation, namely through the traditional head in his territory. Where they feel that the problem can be solved relatively faster, can be materialized, low cost, and its settlement is carried out by peaceful means through deliberation. And historically, the culture of Indonesian society is very upholding high deliberative approach.
Keywords: role, traditional chief, settlement, land disputes
Legal Protection of Personal Data in Artificial Intelligence for Legal Protection Viewed From Legal Certainty Aspect
Authors: Hilmy Rizqullah Ramadhan Muhammad , Ramadhani Kyagus , Isrok Mohammad , Anggraeny Isdian , Prasetyo Robbi
Published: January 2024

Protection of personal data is one of the rights possessed by humans, which is one of the privacy rights possessed by a person in maintaining and securing personal data owned by each individual. The development of Artificial Intelligence (AI)-based technology has developed rapidly in the digital world 4.0, where legal protection is needed in personal data protection legal instruments. This research aims to examine the use of AI as a tool in protecting personal data and to examine the urgency of a special regulation in Indonesia in protecting personal data. The research method used in writing this law is normative legal research. In this research, what is meant by juridical research is the 1945 Constitution of the Republic of Indonesia, the Law on Information, and Electronic Transactions Number 11 of 2008, the Regulation of the Minister of Communication and Information Number 20 of 2016, Government Regulation Number 82 of 2012, and UDHR by conducting a study of legal products in the form of laws and regulations. Furthermore, what is meant by normative research is related to the principle of legal certainty, which later can be linked to the urgency of personal data protection regulations for the protection, supervision, and utilization of personal data abuse.
Keywords: personal data, artificial intelligence, protection, urgency
Power Reduction in Constitutional Democracy
Authors: . Surohmat , Sudiarto Bambang
Published: January 2024

The study of constitutional democracy essentially refers to the first two basic conceptions, relating to the journey of democratizing power and law in the life of the state, which is theoretically a study of state power to exercise people’s sovereignty in a constitutional democratic socio-political system. Second, with regard to the limitation of the power of the holder of the exercise of popular sovereignty which is espoused in a democratic and constitutional state constitution. This article aims to analyze the principle of implementing popular sovereignty. The 1945 Constitution of the Republic of Indonesia also affirms that Indonesia is a state of law. With a linear understanding, it can be explained that all state administration must be fully based on law. On that basis, the 1945 Constitution of the Republic of Indonesia before affirming Indonesia as a state of law, first affirmed the position of state sovereignty which is in the hands of the people as a source of legitimacy. This means that the choice of the rule of law in Indonesia depends on the sovereignty that is in the hands of the people or a democratic rule of law.
Keywords: constitutional democracy, people’s sovereignty, constitutional law
Legal Protection for Victims of Artificial Intelligence-based Pornography in the Form of Deepfakes According to Indonesian Law
Authors: Monique Cindy , . Tongat , Wulandari Siti , Bhirini Slamet Aprilia
Published: January 2024

Deepfake is an artificial intelligence-based technique for synthesizing an image of a person, using a special method to combine images or videos to make the result look realistic (POLRI 2020). Deepfake is a relatively new type of technology that allows you to download deepfake apps for free. Anyone can access the Deepfake app to create freely edited videos and images. The original purpose of using deepfakes was entertainment on TV and social media. But over time, technology is used as a tool to mislead people and spread misinformation. Deepfakes can undermine public trust, especially when it comes to big and famous people. Not only fake videos but reputation is also easily damaged by this technique.
Keywords: deepfake, artificial intelligence, information and transaction electronic
Legal Status of Balinese Women Who Commit Ninggal Kedaton Terbatas Marriage Against Guna Kaya Inheritance
Authors: Winatha IGM Yogiswara , Gede Swetasoma Cokorda , Ary Purnama Dewi Kadek , Kadek Ardana I , Luh Ade Bunga Kris Nanti Ni
Published: January 2024

The Balinese customary law system uses a patrilineal kinship system with a majorate system. Thus, the heir is the purusa party, namely the male child. This is because in Balinese customary law, sons are considered to have a large burden of responsibility in the family and community customs and also have to bear the obligation to care for parents in their old age. However, in reality, many Balinese women, especially those who marry in a ninggal kedaton terbatas, still bear the burden of responsibility of the family of origin. Meanwhile, they as pradana parties do not have the right to inherit heirloom property in the Balinese customary inheritance system. This is not in line with the premise of liberal feminism theory, which states that women and men have the same position in all fields, including the right to inherit wealth. This research was conducted using normative research methods by examining secondary legal materials, namely journals, articles, and research results related to the subject matter, with a descriptive analysis approach. The results of this study found that Balinese customary inheritance property consists of heirloom property and wealthy use property. Based on the Decree of the Great Pesamuan III of the Main Assembly of the Balinese Pakraman Village No. 01/KEP/PSM-3/MDP/Bali/X/2010 section III in the field of Customary Law, Balinese women also have the right to inherit their parents’ property on a limited basis.
Keywords: Bali, traditional inheritance, women
Confiscation of Personal Assets of Corruption Defendants in a Positive Legal Perspective
Authors: Kholik Ibnu , . Ediwarman , Ekaputra M , Mulyadi Mahmud
Published: January 2024

One-of-a-kind efforts to make the losses state’s financial incurred by the State due to corrupt activities, is through the confiscation of the Defendant’s assets. Later it may subsequently be utilized for a form of monetary payment in lieu of State losses charged to the Defendant. On the grounds of payment of money in lieu of State losses, confiscation of the Defendant’s personal assets that had nothing to do with corruption was then carried out. The research’s main eligibility is to find out how significance proof is involved due to tribunal mechanism, as in the safetymeasureness of the defendant given right and assets as being regulated for evidences in the tipikor case. The researcher’s study applied juridical normative method employing statutory and conceptual pathways. Secondly, layered information was gathered from observation and papers, in order to ensure the quality. According to the researcher’s findings, the purpose of headlining deposition in tribunal is to support the proof of the litigant’s motion, incapable of assuring the sentence’s delivery. There is a guarantee and protection of property rights in the Indonesian constitutional written law 1945 (28H) par. (4). It demonstrates the litigant’s possession of their property being safeguarded by the state, which had unassociated an elicit act of graft as property sheltered from confiscation in the court process. Unlike the personal property of the litigant, if is employed in an unlawful conduct as graft itself, the belongings shall be seized within the tribunal proceedings.
Keywords: protection, asset, evidence, confiscation
Preventive Legal Protection Against Leaks Consumer Data by Company Negligence Financial Technology
Authors: Setyawan Fadjar Ramdhani , Fajrin Yaris Adhial , Prasetyo Said Noor , Nuryasinta Radhityas Kharisma , Alam Syariful , Kurniawan Kukuh Dwi , Kurniawan Wahyudi
Published: January 2024

Various financial technology companies are currently using standard agreements. Withthe rise of standard agreements, business actors began to include exoneration clausesto release all forms of responsibility for losses suffered by consumers. One of thecompanies that has included the exoneration clause is Koinworks in Article 5 of theKoinworks Terms & Conditions. Based on this statement, the authors conducted thisresearch using two problem formulations, namely what are the legal consequences ofapplying the exoneration clause in standard agreements made by financial technologybusiness actors when viewed from Article 1320 of the Civil Code? And how aboutpreventive legal protection against leakage of consumer data by the negligence offinancial technology companies? To be able to answer the formulation of the problem,the authors use normative juridical research methods with a statutory approach. Theresults of the study show that the legal consequences of applying the exonerationclause in standard agreements made by Financial Technology business actors whenviewed from Article 1320 of the Civil Code, it can be concluded that the exonerationclause can be null and void by law. Then, preventive legal protection needs to becarried out by optimizing supervision by the Financial Services Authority, such astaking action against companies that have violated statutory provisions before theoccurrence of disputes or problems.
Keywords: Legal Protection; Data Leakage; Financial Technology Companies
The Recovery of State Assets Due to Bankruptcy in State-owned Enterprises
Authors: Gusti Ayu Ketut Rachmi Handayani I , Anwar Kairul , . Hartiwiningsih , Jaelani Abdul Kadir
Published: January 2024

This research intended to examine the elements of state loss on Indonesian corruption regulations and to assess the effort of asset recovery concerning state loss, resulting from corruption based on Indonesian law. This was normative legal research employing the statutory approach, the conceptual approach, the fact approach, and the case approach. The study revealed that the components of state loss consist of actual shortages of cash, securities, and goods; it was caused by illicit actions, either intentionally or negligently; and losses whose amount can be calculated based on the findings of the authorized agency or appointed public accountant. In the Indonesian legal system, asset recovery initiatives can be analyzed through the lens of both criminal and administrative laws. According to criminal law, asset recovery can occur in multiple stages of the criminal justice system, whereas under administrative law, asset recovery must comply with Article 34 of Government Regulation No. 48 of 2016 on the procedures for imposing administrative sanctions on government officials.
Keywords: bankruptcy, state assets, state-owned enterprises
The Comparative Study of Muslim Friendly Homestay Programs in Indonesia and Malaysia: Social Legal Perspective
Authors: Saviera Lesly , . Robert , Natasya Sirait Ningrum , Mat Isa Norshamshina , Sulaiman Suria , Mohd Kamal Saiful Bahri
Published: January 2024

This paper aims to compare the implementation of the halal tourism concept in Indonesia and Malaysia, especially in the case of Muslim friendly homestays. The study methodology used is comparative normative juridical research. The study was conducted by taking an inventory of the laws and regulations regarding halal tourism that have been owned by several regions in Indonesia. Then compared with the implementation of halal tourism, especially in organizing Muslim friendly homestay on Lake Toba, North Sumatra with Malaysia. The results of the research show that Indonesia does not yet have a legal umbrella governing halal tourism, only a few cities and provinces have regional regulations. Regions with Halal Tourism Regulations Regimes that already have Halal Tourism Regulations include Regime No. 51 of 2015 issued by the governor of West Nusa Tenggara, Regime No 1 of 2020 issued by the province of West Sumatra, Regime No 19 of 2022 issued by the provincial governor of North Sumatra concerning regulations for implementing halal tourism regional regulations. Regime No 6 of 2020 issued by the regency of Bandung Regime No 9 of 2019 issued by the provincial government of South Sumatra concerning halal tourism, the data indicates that Indonesia lacks a legal framework for halal tourism. It stands in contrast with Malaysia, which achieved success in the halal tourist sector partly as a result of the creation of halal standards and the nationwide adoption of a systematic halal assurance system. Malaysia’s Islamic development department initiated a policy of standardizing halal food and standards such as Muslim Friendly Hospitality Services (MFHS), which contain three important components: the principle of providing accommodation, tour packages, and guide tours based on Islamic principles.
Keywords: comparative study, Muslim friendly homestay, legal framework
Licensed Rights of Well-known Brands: Legal Rules of Limited Partnership's (Commanditaire Venootschap) Position
Authors: Rumondang Siagian Putri , . Saidin , Ginting Budiman , Leviza Jelly
Published: January 2024

Trademarks are becoming extremely significant due to globalization of commerce. A brand’s role in the realm of commerce is crucial since it serves as both a differentiation and a tool for out-competing rivals to capture the consumer market. Although it is still a common choice among business actors, limited partnerships (Commanditaire Venootschap) (CV) are not permitted to grant or receive licenses for well-known trademark rights. How is CV legally protected in this document as the owner or licensee of a well-known brand? This research uses normative research techniques in law, and data analysis used were prescriptive. The results of the research show that because CV as a business entity lacks the authority to act (bevoegheid), it will have consequences for the registration of a license agreement on the rights of the well-known mark if it assumes the position of making or receiving a license agreement, which under the Trademark Law can only be done by legal subjects, either recht persoon or naturlijk persoon. The management of CV, namely its limited partners, must act as a person (individual person) if it wants to grant or receive a license for well-known brand rights. Greater benefits will result if legal status is granted to resumes submitted by legal entities.
Keywords: commanditaire venootschap, licence, well-known brand
The Urgency of Forming Laws and Regulations on Citizen Lawsuits in Indonesia
Authors: Esfandiari Fitria , Wahyu Pratama Dimas , Anoraga Surya , Wido Haruni Catur
Published: January 2024

This research aims to seek the formation of laws and regulations regarding Citizen Lawsuits. Citizen Lawsuitis access for citizens to represent the public interest to file lawsuits in court based on unlawful acts by the government. Since the receipt of the Citizen Lawsuit filed byMunir CS,based on the abandonment of TKI in Nunukan by the Government of Indonesia, until now there has been no regulationregarding Citizen Lawsuits. The formulation of the problem used in this study is first, what is the urgency of establishing legislation regarding Citizen Lawsuit in Indonesia, and second, what form of legislation regardingCitizen Lawsuit is ideally implemented in Indonesia. The research method used is normative-juridical research. The results of this study show that the condition of the legal vacuum regarding Citizen Lawsuit results in the inconsistency of the Panel of Judges in interpreting formal requirements, namely notifications; therefore, it is necessary to make laws and regulations regardingCitizen Lawsuits to catch up with written law and prevent inconsistencies in court decisions. In conclusion, the legal basis used by the Judges panel in accepting the Citizen Lawsuit was based on Article 10 Section (1) and Article 5 Section (1) of Law number 48 of 2009 concerning Judicial Power. Additionally, the Law of Civil Procedure should include the principle of Citizen Lawsuits, but since legislation takes time to pass, the Supreme Court can work around this by creating a PERMA. Suggestions from this research, it is necessary to make efforts to form regulations regarding Citizen Lawsuit, and it is necessary to research Citizen Lawsuit models in Anglo-Saxon countries to be used as reference material in formingCitizen Lawsuit regulations.
Keywords: urgency, formation of legislation, citizen lawsuit
Non-disclosure Agreements (NDA) as a Legal Protection on Trade Secrets in Work Agreements in Indonesia
Authors: Mahfuzzah Ziana , . Saidin , Ginting Budiman , Keizerina Devi T.
Published: January 2024

A confidentiality agreement or what is often called a non-disclosure agreement (NDA) is often used in every cooperation agreement as a form of protecting a company’s trade secret. NDA is a form of a special agreement between business actors as owners of trade secrets and other parties in a working relationship who have access to the trade secrets of a company. However, a business needs to disclose confidential information to other stakeholders to develop its business interests for better profitability. Through the NDA, the recipient agrees not to disclose confidential information contained in the employment agreement. The problem is how to arrange the NDA as a form of trade secret protection in the work agreement in Indonesia. This paper uses a normative juridical approach, secondary data types, and data collection techniques using literature study with qualitative data analysis techniques. The results of the study show that NDA’s are not regulated explicitly but can be found implicitly in the Trade Secret Law. By making a confidentiality agreement or NDA, the Parties are obliged to maintain confidential information or trade secrets in order to protect the owner of the Trade Secret. Policymakers in a company require the inclusion of an NDA clause in making work agreements that require employees to maintain the confidentiality of company information in accordance with statutory regulations and company regulations.
Keywords: non-disclosure agreement, trade secret, work agreements
Juridical Analysis of the Legal Standing of Insurance Companies Creditors in Bankruptcy and Suspension of Debt Payment Obligations Application
Authors: . Dedy , Siregar Mahmul , Sukarja Detania , . Haswandi
Published: January 2024

This article aims to discuss and analyze the legal position of insurance company debtors in bankruptcy and PKPU proceedings. It also seeks to explore further the rationale and objectives of conferring the authority to file bankruptcy or PKPU proceedings for insurance companies on OJK. The research applies normative juridical research method. The article concludes that since the issuance of Law Number 21 of 2011 concerning the Financial Services Authority was issued, the authority over insurance companies, including the legal standing for bankruptcy application, was transferred to OJK. Such stipulation is reaffirmed in Law Number 40 of 2014 concerning insurance. The authority of OJK on bankruptcy applications for insurance companies is justified to protect the public interest. Even though the applicable legal provisions do not explicitly state that the specific requirement for bankruptcy applications against insurance companies also apply to PKPU proceedings, it should also apply mutatis to PKPU proceedings. Both proceedings against insurance companies might have an impact on the economy. In both bankruptcy and PKPU proceedings, equal treatment should not be given to creditors because the interests of the state are greater than those of the creditors. Therefore, the authority of the OJK to file for bankruptcy of insurance companies must be interpreted as the authority to file for PKPU for insurance companies.
Keywords: bankruptcy, suspension of debt payment obligations, insurance
Criminal Policy in Law Enforcement of Criminal Acts of Drug Circulation in the Digital Era
Authors: Sidabutar Ronny Nicolas , Danil Elwi , Yunara Edi , Mulyadi Mahmud
Published: January 2024

The process of proving narcotics trafficking cases in the digital era is closely related to the due process of law. However, if the proof process is carried out with legal defects, then the evidence obtained is also legally flawed, which renders it unusable as legal evidence before the trial. Considering this, the study aims to explore the criminal policy of law enforcement for narcotics trafficking in the digital era within the jurisdiction of Medan City, focusing on the factors that influence law enforcement and the criminal law enforcement policies for narcotics trafficking. This study adopts a normative legal research approach, using descriptive analysis and the statute approach. The data collection technique involves library research and interviews, with data analysis conducted through a qualitative method. The research results reveal that the most influential factor is the legal culture, as there is a stigma in law enforcement for narcotics crime, and everyone is suspected of being a dealer always seeking the lightest punishment and fast legal process. However, if the perpetrator is a narcotics user/abuser, there are Law Enforcement Officials who are unscrupulous and want the user to be subject to criminal sanctions as a dealer. In terms of law enforcement efforts, the penal policies carried out by law enforcement officials are still insufficient in eradicating narcotics trafficking in the digital era. The study suggests that with the support of the ITE Law regarding electronic evidence, law enforcement officials should be able to use these instruments in uncovering criminal cases to make it easier to prove. This is because, with the development of technology, information, and communication, the modes of drug trafficking are also growing rapidly.
Keywords: criminal policy, digital era, narcotics circulation
Comparative Study of Civil Legal Subjects of Actors of Tort Based on Legal Normal and Custom Aspects
Authors: Fujiansyah Septian , Purba Hasim , Barus Utary Maharany , Kaban Maria
Published: January 2024

From a legal standpoint taking rights from other legal subjects might result within legal ramifications. One of the actions that can result in the imposition of legal consequences for subjects who violate these norms is when they commit an unlawful act (PMH). Chapter 1365 within the Civil Code provides the legal basis for tolerating PMH broadly in Indonesia. This form of study falls under normative judicial and uses supplementary information through analyzing information across all three layers of legal resources. Document study data collection techniques, using qualitative analysis. According to the study’s findings, it is known that the juridical position between legal norms and customs in viewing PMH is carried out by civil law subjects, from the point of view of legal norms guided by Art. 1352 and Art. 1353, then the elements are adjusted in accordance with the Civil Code’s Art. 1365, whereas its habitual stance refers to Art. 5 par. (1) Law Number 48 of 2009 and as Art. 18B par. (2) of the 1945 Constitution. Furthermore, the legal implications from the aspect of legal norms and customs for civil law subjects who carry out PMH, from the aspect of the norm, must fulfill the elements in Art. 1365 of the Civil Code, namely must violate the law, conflict with the rights of others, there are losses and mistakes, then compensation can be applied to the subject of the PMH perpetrator. The implementation with regulatory significance is determined by regional customary legal systems.
Keywords: comparative, act against the law, norm, habit
Contradiction of CIVIL Code with Islamic Law Regarding Children Guardianship Outside Marriage in Indonesia
Authors: Hidayani Poppy Putri , Md Said Muhamad Helmi , Cahyani Tinuk Dwi
Published: January 2024

Basically, child custody is the responsibility of both parents; however, in reality, in Indonesia, not all parents do it or get it. Many children do not get protection and rights, even though the related regulations already belong to the Indonesian state. It turns out that this can happen because of various factors that influence one of them related to legal marriage according to Civil law and Islamic law, there are differences between the two regulations. For example, according to civil law, marriage is legal if it is registered with the state, while in Islam it does not have to be. Under the existing rules, this causes an inequality between protection and the rights obtained by children. Based on these problems, this research was conducted to conduct an analysis related to civil law and Islamic law in Indonesia, which regulates child guardianship for children who are considered born out of wedlock, using qualitative research methods. The results obtained from this research show that according to civil law, marriage must be registered with the state to protect child custody and provide clear legal protection, not only for children but also for wives. Meanwhile, according to Islamic law, a marriage that cannot be registered with the state still has a valid law, for example, Siri marriage or underhand marriage. However, in both civil and Islamic law, it is clear that a child in this condition can only have a bloodline relationship between the mother and the mother’s family. The biological father cannot be the guardian of the child. The current condition of society, which tends to take the matter of marriage lightly by ignoring marriage registration and so on, should receive special attention from the government. In this case, the government can more often provide premarital counselling and/or outreach related to marriage in Indonesia. Also, it is very important to increase public awareness.
Keywords: child born out of wedlock, marriage, custody
The Legality of Intellectual Property by Artificial Intelligence in Indonesia
Authors: Indri Hapsari Dwi Ratna , Pratama Andistya , Hidayah Nur Putri , Anggraeny Isdian
Published: January 2024

This study aims to examine the legitimacy of intellectual property generated by artificial intelligence (AI) in Indonesia. With the rapid development of AI, intellectual property generated by AI has become a complex issue, attracting the attention of legal experts and stakeholders. Although the legal framework in Indonesia does not specifically address intellectual property generated by AI, certain aspects of existing law may apply in this context. This study uses normative or doctrinal research methods to analyze the legal framework in Indonesia regarding intellectual property, including copyright law, patent law, industrial design law, and trade secret protection. In addition, this research examines the views of legal experts and stakeholders in Indonesia regarding the legitimacy of intellectual property generated by AI. The results of this research are expected to provide a clearer understanding of the legality of intellectual property law produced by AI in Indonesia. Research results will contribute to discussions around AIrelated laws and regulations and may serve as the basis for future regulatory changes or adjustments. This study has significant implications for stakeholders, including AI creators, users, and developers in Indonesia. By understanding the applicable legal framework, appropriate legal protection frameworks can be created for AI-generated intellectual property, promoting continuous innovation and responsible utilization of AI.
Keywords: artificial intelligence, intellectual property, legality
Legal Culture in the Management of Life Insurance Companies in Indonesia
Authors: Kusuma Wardhani Indah
Published: January 2024

In the last ten years, people have been made uneasy by various cases of life insurance companies that have failed to pay. Moreover, the involvement of prominent companies in these cases reduced public trust in them. In these cases, the influence of legal culture is apparent in the management of life insurance companies. Therefore, this study aims to investigate the factors that caused the life insurance companies to fail to pay, the legal culture underlying the management of these companies and the efforts that must be made to improve this culture. The research method employs normative legal research, supported by empirical legal research. The factors causing life insurance companies to default consist of fraud in the company’s financial statements, unreasonably high-interest rates on unit-linked insurance products, and a lack of optimal application of risk management in life insurance companies. The legal culture of their management has not developed in a better direction, leading to an inability to fulfill their obligations. Examples of steps to improve the legal culture include conducting education and training for life insurance company managers, making remuneration policies to encourage behavior that follows the prudential principle, and creating guidelines for managers on ethical business values and conduct.
Keywords: legal culture, life insurance companies
Local Wisdom and the Traditional Marriage Law of Osing Kemiren Village in the Era of Information Technology
Authors: Resti Nurhayati Dr. Bernadeta , Budi Sarwo Dr. Yohanes , Koesmartadi Christophorus
Published: January 2024

Kemiren Village is one of tourist villages. It is located in the eastern tip of East Java province. It was chosen as the traditional tourism village of the Osing tribe because Kemiren village was still very substantial in maintaining the preservation of Osing customs, traditions, arts and culture, and the pattern of the social life of its people. This form of local wisdom was manifested in various aspects of life, both in the sacred and profane realms. Various traditional rituals continued today, such as the barong ider bumi ritual, tumpeng sewu, ten ewu coffee and the gedhogan festival which conveyed the meaning of gratitude for crops, asking for protection from epidemics and diseases as well as brotherhood with fellow villagers and guests who attend the event. The people of Osing Kemiren village have still maintained the preservation of customary law to this day, both in matters of marriage and inheritance. The information technology era that was currently developing has had a positive effect on the people of Osing Kemiren village, namely to promote Osing Kemiren village as a tourist village, as well as to encourage progress in other public services. However, it does not affect behavior in daily life as well as customary laws and habits that apply among the Kemiren village community.
Keywords: Kemiren village; customary tourism village; local wisdom; customary laws; the digital age