PAPUA bukan hanya soal nama tetapi penyematan suatu identitas makna bagi generasi di level manapun. Saya tidak akan larut dalam pemekaran yang dianggit secara politik dan publik menyantapnya penuh gairah, karena secara ekologis wilayah Papua tidak akan mekar. Papua tidak akan merambah negara tetangga yang secara teritorial memiliki batas kenegaraan yang terekam dalam kosmopilitan dunia. Pemekaran adalah agenda politik yang bersambut secara kemasyarakatan untuk dikemas sebagai munculnya pemerintahan daerah baru dengan wilayah yang semakin menyempit. Biarlah itu bergerak dalam ranah yang wajal santun dan penuh ketulusan dengan memperhatikan hak asal-usul serta tradisiwarga Papua. Kekuatan politiktidak boleh mengabaikan, bahkan wajib mengamankan kekuatan adat agar identitas termiliki dan terwakili dalam pengelolaan pemerintahan.
As a country of mega biodiversity, Indonesia is also vulnerable to biopiracy target. To prevent biopiracy, it is crucial to protect the country's genetic resources. In order to protect genetic resources and to prevent biopiracy, Indonesia has included the requirement of Disclosure of Origin (DO) in The Indonesian Patents Act, 2016 by imposing patent applicants to disclose the origins of genetic resources in Patent application. This paper critically analyses the Patents Act to highlight key issues that undermine the country's efforts to combat biopiracy. The principal findings are that there are significant problems with implementing DO provisions of the Act in the fight against bio piracy. The effectiveness of the legislation remains questionable and some important sections of the Act lack clarity. The purported regulatory framework under the Act to enforce DO and to help deal with biopiracy is ill defined and human resources are inadequate. The paper concludes that to combat biopiracy effectively Indonesia needs to review its legislative and institutional framework on DO and consider establishing a National Anti-Biopiracy Commission.
Small Medium Entreprises (SMEs) and Cooperative have not received a proper law protection in facing trade liberation of ASEAN Economic Community (AEC) and economic globalized world. In 2015 AEC has been established that would bring a huge change in Southeast Asia regionS and definitely will have a wide impact to business people in Indonesia. SMEs and Cooperative contribute to more than 90 percent of total Indonesian national economy. However, they are weak on investment and information technology and management skill as well as competition law among ASEAN Member States. Economic policies do not give a sufficient protection to SMEs and Cooperative. This article tries to seek solutions for SMEs problems especially their legal structure in order to enhance their competitiveness. This article argues that the government can provide legal protection by reforming SMEs economic sectors similar to the AEC's priority sectors by which the Indonesian' SMEs would become world class corporate.
PILPRES 9 Juli 2014 telah dihelat dan WNI terpanggil untuk datang menentukan sekaligus memenangkan pilihanya. Hasilnya diumumkan KPU pada 22 Juli 2014 yang untuk selanjutnya panggung politik diperlihatkan melalui mekanisme hukum di MK. Kita semua mengetahui apa yang kemudian terjadi dan siapa yang sepatutnya memimpin RI sesuai dengan putusan lembaga perpilpresan yang dilantik 20 Oktober 2014. Publik menyimak bahwa Pasangan Prabowo-Hatta dan Jokowi-JK sama-sama mengusung tema lingkungan untuk diperhatikan dengan kesungguhan jiwanya
Plant variety protection is a relatively new concept for many Indonesians. It was developed because of the patent regime's failure to provide appropriate protection for new plant varieties. This new sui generis legislation for the protection of plant varieties was enacted in response to Article 27.3(b) of the TRIPS Agreement, which requires WTO Members to provide an effective sui generis law for the protection of new plant varieties. This paper analyses the current state of plant variety protection in Indonesia. It covers the threshold of protection, the subject, scope, right and obligation of breeders, exceptions to infringement, farmers' rights and local varieties. It also analyses the current policy to revise the Plant Variety Protection Act and the underlying reasons for this, including Indonesia's national interest and its international and bilateral commitments. The main focus of the paper explores why such policy is not broadly compatible with the Indonesian agricultural tradition of seed sharing. Accordingly, this paper explores the tradition of seed sharing in Indonesian culture known as adat. In addition, it explores the likely implication of such protection for national agricultural innovation.
Salah satu penyebab seringnya terjadinya konflik antara pengusaha dan buruh dalam hubungan industrial adalah pengusaha sering memosisikan buruh sbagai "orang" luar. Buruh dianggap bukan bagian dari keluarga dari keluarga besar perusahaan.
Regional autonomy granted on local government to regulate and administer the governmental affairs in order to improve the efficiency and effectiveness of public services. To do so, the local government is authorized to collect taxes from its people. This research aimed to investigate the problematic of provincial tax collection in order to increase the own- source revenue of autonomous areas in Indonesia. The collection of local taxes is still not optimal. Thus, some necessary actions for betterment need to conduct, such as: a). Improving the human resources of tax authorities in terms of their capability in planning and monitoring the collection of taxes; b) Using technology of information to provide a fast and efficient services; and c) Enforcing the law to each of the taxpayers who violate the regulation of provincial taxes.
The era of trade liberalisation for the ASEAN Economic Community (AEC) began in December 2015 and brought about economic liberalisation in the Southeast Asian region. This era is competitive and the ASEAN member states (AMSs) almost do not have full power of sovereignty to govern their own economic national matters. In this globalised dependence era, the majority of states in the world have to adjust and adopt as well as adapt their national laws to internationalised rules of law. This trade liberation era also has forced companies and other business entities, including Small and Medium Enterprises (SMEs) and Cooperatives in Indonesia to compete with each other in order to tap the benefits of international trade liberalisation. In this context, SMEs and Cooperatives in Indonesia need some kind of protection from the government that does not oppose international regulations on trade. While the number of SMEs and Cooperatives is 98 per cent, their contribution to Indonesian export is small, at only 19 per cent. They are weak in terms of capacity building and access to capital, information technology, global markets as well as integration with regional and global market chains. This research paper evaluates SMEs and Cooperatives in Indonesia in terms of facing AEC trade liberalisation, i.e., what has done and should be done by the authority is to give proper protection to the SMEs in Indonesia by focusing on the manufacturing SMEs as this sector has the best chance of boosting SMEs' export capacity and building the competitiveness of Indonesian SMEs in order to be equal with other SMEs in the ASEAN region.
since 2007 ASEAN has moved towards an ASEAN Economic community(AEC) as an economi integration of member states based on four economic pillars. One of AEC economic pillar the single market and Production base, means,the region as a whole must become a single market and production base to produce and commercialize good and services anywhere in ASEAN. The establishment of AEC is offering opprtunities in the from of a huge market of US$ 2.6 Trillion and over 622 million people. Of this number, around 40 per cent or 245 million people live in Indonesia. Numerous officials and othes have their doubts and worried that Indonesia will mainly be the market for the AEC and Indonesia's progress in developing its human capital will be negatively impected compettition from other ASEAN nations. The crucial futher step of the AEC is to implement the free movement of skilled labors as one of five core principles of single market and production base pillar, as it will boost economic integration in the region levels. In practice however, progress towords freer mobility has been slow and uneven. In practice however, progress towards freer mobility has been slow and uneven, due to rigid national immigration policies, inequalities in professional education and licensing regimes, public ambivalence toward the AEC, and the vast income gap that many countries fear will contribute to brain drain. This article examines impediment of free movement of skilled labors as a result of weak political and public support to drive the process forward as well as the myriad policy and procedural obstacles of free movement of skilled labor of selected categories of professions associated mainly with trade in service and invesment, this article also reviews the AMSs' policies in these areas
The 2007 Indonesian investment law granted national treatment for foreign investors, establishing a transparent 'negative list' for out-of-bonds investment sectors, and has been considired as a reformative regulation in Indonesia's economic strategy. However, decentralized systems give autonomy to local governments to manage their projects and infrastructure themselves. This leads into increasiig investment burdens through their opaque measures that are creating perceptions of risk for foreign investors. As a result, lack of legal certainty, inconsistent regulations and judiciary system would hamter investments. This article argues that law 25/2007 should be supported by a comprehensive investment policy to attract more foreign investors into Indonesia. A key element in establishing a competitive region is a free and open investment regime, This article addresses policy impediment to private investment in Indonesia as well as in the ASEAN region. Indonesia and ASEAN should have non-discriminatory treatment extended to foreign investors including ASEAN-based inveitors, as the establishment of ASEAN Economic community (AEC) will cornmence in 2015. Legal certainty of international business transaction by private investors is fostering investments by both direct investment and indirect investment (portfolio). Parties to investment agreements include individuals, small, medium and large multinational corporations, and countries. In this centralized global atmosphere, the Indonesian agovemment has to provide guarantees to leverage private investments.
Currently, ASEAN has come to the new phase of cooperation on political security, economic, and socio-cultural by the establishment of ASEAN Charter in 2008. The cooperation has been deepened, widened, and enlarged. Accordingly, the AEC is the most significant cooperations, namely the economic integration of ASEAN which not mere free trade area but to make the region as a production basefor all products of ASEAN as well as to accomplish the region as a single market by applying scorecard system of AEC's blueprint that should be preserved by all ASEAN state members. Theformation of AEC in 2015 totally depends to the commitments of the member states of ASEAN to apply those agreed trade agreements, roadmaps, and plan of actions including AEC's blueprint.
This study aims to investigate the position of the DGT's Civil Servant Investigator in relation to their duty to enforce taxation criminal. The law enforcement of taxation criminal in Indonesia is involving several institution like Civil Servant Investigator (Directorate General of Taxes Institution), Police Investigator (Indonesian Police Institution), and Attorney Investigator (Attorney Institution). This involving, which lately leads to the position and authority problem of each institution. This study will be focused on the position of civil servant investigator of Directorate General of Tax and its relation with other party like Supervisory Coordinator which occupied by police investigator, and also other investigator from another institution. The method which is used in this study is normative juridical approach with analytical descriptive specification. Based on that method, then the researcher will compare between the position of DGT's Civil Servant Investigator 'in legislation' and 'in its practice' through library study and field research. The researcher carry out this research based on the researcher's consideration about the importance of state income from the taxation sector, so that the unlawful act that detrimental from the taxpayer and any related party of it can be eradicated immediately. The results shows that the position of the DGT Civil Servant Investigator in the framework of eradicating taxation criminal was emphasized as the primary investigator. This position is based on Law No. 16 of 2009 as lex specialis derogat legi generalis against Law No. 8 of 1981. Based on this position, there some friction that occurs between the DGT Civil Servant Investigator and other officer from another institution. For example, the DGT Civil Servant Investigator of the West Sumatra-Jambi Regional Office, which was designated as a suspect by the Police investigator, and the Mobile 8 tax restitution was handled by the Attorney Investigator. One of the factors that causing the friction is the difference in ...
