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THE GOVERNMENT'S ROLE IN FACING THE INJUSTICE OF GLOBAL TRADE
Despite the controversy about the liberalization of trade, however the government of Indonesia has ratified the WTO provisions by the discharge of the Act Number 7 Year 1994 concerning the Agreement on establishment of the World Trade Organization. This is a fact of law that formed base on the political will of the Indonesian government to encourage the free trade system as an impact of the circulation of the vital flow of goods, services, capital and labor among countries in both the regional and global level. This change mainly supported by the development of science and technology is growing rapidly and broadly, therefore nations must work together in both the global and regional level. The benefits have been felt by Indonesia in the presence of trade between nations is successful in developing its exports, especially non-oil exports. Therefore, in international trade requires a system of international trade organization to promote the establishment of a free market, fair and open to all countries. In the world trading system, the Government of Indonesia has been struggling along with other countries actively participated success of multilateral trade negotiations within the framework of the GATT Uruguay Round in 1994, the main objective is not only focused on free trade but also fair trade. For the agenda, the Indonesian government has taken some steps of deregulation and de-bureaucratization to improve efficiency of the national economy. The program will continue to be struggled as a strategic step and is the increase of non-oil exports in order to achieve the goals of economic development in Indonesia.Keywords: Government role, trade globalization, international trade
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Implementation of the Responsibilities of Land Deed Making Officials in Requesting Proof of BPHTB Payment and Reporting BPHTB Taxes to the Regional Revenue Agency (Central Lombok District Study)
In: International journal of social science research and review, Volume 7, Issue 5, p. 154-160
ISSN: 2700-2497
BPHTB is part of the tax payable in every transaction to acquire land and building rights. In Law Number 1/2022 concerning Regional Taxes and Regional Levies, Regencies/Cities are given the authority to collect 11 types of Regional Taxes, including BPHTB. The conditions for collecting these 11 types of Regional Tax are unique in practice, where in collecting BPHTB tax, BAPENDA chooses to hold a team meeting to determine the value of the tax object, while PPAT feels that it is ineffective and inefficient when determining the value of BPHTB tax (Land Rights Acquisition Fee). carried out through team meetings, therefore it is necessary to review the Articles and Regulations related to regional taxes and levies, so that the BPHTB tax value is no longer carried out based on team meetings, this is one of the causal factors If PPAT does not report BPHTB to BAPENDA, if PPAT does not report every 10th of every month, it will be considered as not reporting for a year, and BAPENDA as the regional government will impose sanctions on the PPAT in the form of administrative sanctions, namely paying a fine of Rp. 10,000,000, through empirical normative research and interpretation of primary, secondary and tertiary legal materials, it can be concluded that there is a misconception between the Notary/PPAT and BAPENDA Central Lombok, where this administrative sanction has been in effect since 16 July 2023 which is contained in article 60 PP 35/2023, which requires PPAT to carry out BPHTB tax reporting.
Juridical Analysis of Electronic-Based Use Rights Certificates: Study at Mataram City National Land Agency Office, Indonesia
In: Traektoriâ nauki: international electronic scientific journal = Path of science, Volume 10, Issue 1, p. 8034-8045
ISSN: 2413-9009
This research aims to determine the arrangements and mechanisms for registering electronic-based certificates of use and the strength of electronic-based certificates of use as proof of control of land rights. The type of research used is normative and empirical, using statutory, conceptual and sociological approaches. The source of legal materials used is secondary data consisting of primary, secondary and tertiary legal materials and primary data. The analysis used is using interpretation. Based on the research results, it is known that the regulation of electronic use proper certificate registration has been recognized in various laws and regulations, especially in the ATR/BPN Ministerial Regulation No 3 of 2023 and the mechanism registration of electronic use proper certificates regulated in Article 7 to Article 21. The legal force of an electronic use adequate certificate can be used as legal evidence by Article 147 of Law Number 6 of 2023, where the binding force of an electronic certificate is an electronic signature by Article 11 Law No 19 of 2016.
Keamanan Manusia Dalam Rencana Aksi Daerah: Implementasi Tujuan Pembangunan Berkelanjutan (Sustainable Development Goals) di Provinsi Nusa Tenggara Barat
The United Nations (UN) adopted the Sustainable Development Goals (SDGs) in 2015 to eliminate poverty, bring prosperity, and save the planet by 2030. As a UN member, Indonesia is also responsible for achieving SDGs. Indonesia's commitment is shown by appointing the National Development Planning Agency (BAPPENAS) as the central coordinator and presenting a Presidential Regulation (Perpres) to encourage every region to be involved in implementing the SDGs. Accordingly, the Government of Nusa Tenggara Barat (NTB) issued the Regional Action Plan (RAD) as a reference for pursuing sustainable development in NTB. This study seeks to reflect on SDGs' implementation in the NTB Regional Action Plan using the human security approach. This approach explains that providing a sense of security for humans is the ideal condition, including sustainable development. This study employs qualitative descriptive research in order to analyze NTB's RAD from 2019 to 2023. The findings of this research reflect the suitability of the NTB Provincial Action Plan with the application of the human security concept in its implementation. KEYWORDSHuman Security; Nusa Tenggara Barat; Regional Action Plan; Sustainable Development Goals
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The Implementation of Safeguard In Efforts to Protect Domestic Industrial Products
Trade security measures (safeguards) are government policies of importing countries to recover serious losses or prevent the threat of serious losses to domestic industries as a result of a surge in imports of similar goods are directly competitive. The purpose of this study is to analyze safeguard regulation in international trade, and to analyze the implementation of safeguards to protect domestic industries. This research is a normative legal research with a statute approach, a conceptual approach and a comparative approach. The technique of collecting legal materials is conducted by literature study. The analysis of legal materials was carried out in a qualitative descriptive manner. The results show that the safeguard arrangement is intended as a legal basis for the government to take security measures to recover serious losses and / or prevent the threat of serious losses from the domestic industry as a result of a surge in imports of similar goods which are directly competitors to domestic industrial products. The implementation of safeguards by importing countries is carried out by the Trade Safeguard Committee through stages, namely starting from investigation and evidence, determining the existence of a loss or threat of loss, and implementing security measures.
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Agreement on Home Loan (KPR) Due to Natural Disaster (Case Study in North Lombok Regency)
In: International journal of multicultural and multireligious understanding: IJMMU, Volume 6, Issue 3, p. 267
ISSN: 2364-5369
The objectives of this research are to analyse the obstacles that occur in the implementation of the agreement on Home Loan (KPR) when natural disaster occurs and to analyse the settlement of bad debt between the bank and the debtor when the physical KPR is severely damaged due to natural disaster especially those that occurred in North Lombok Regency. The research approach used in this study is the statute approach, conceptual approach, sociological approach, and case approach. The settlement of bad debt, between the bank and the debtor when natural disaster occurs in the North Lombok area that causes physical damage to the KPR, is that the bank rescues the bad Home Loan (KPR) by restructuring and giving a grace period in accordance with the Authority Regulation of Financial Services (POJK) No. 45/POJK.03/2017 concerning Special Treatment of Loans or Bank Financing for certain regions in Indonesia that are affected by natural disaster. Then, the debtor, in terms of settling this bad debt, does not make a written request for the rescue efforts offered by the bank. If this rescue effort is unsuccessful, the next solution, carried out by the bank on the physical Home Loan (KPR) which affected severe damage due to the earthquake in the North Lombok area, is to submit to the debtor to write-off the loan agreement.
Juridical Study Of Arrangements For Authentic Deeds Through Cyber Notary: Comparative Study With Japan
In: Traektoriâ nauki: international electronic scientific journal = Path of science, Volume 9, Issue 1, p. 3014-3022
ISSN: 2413-9009
This study aims to analyze cyber notary regulations in Indonesia and Japan, analyze the similarities and differences in cyber notary regulations in Indonesia and Japan and explore what benefits can be drawn from cyber notary regulations in Indonesia by using the theory of legal certainty, comparative law, legal system, and the idea of legal authority. The legal materials in this research are primary and secondary legal materials using normative research methods. According to the study, the concept of a cyber notary in Indonesia is still conceptual. At the same time, in Japan, the cyber notary is regulated in Law Number 74 of 2011 concerning Notary Act which has differences related to Notary Organizations, procedures for carrying out cyber notary, Certification Authority / Certified Service Provider, and witness.
Juridical Implications of Subject Limitation of Liability Rights in Electronic Services
In: International journal of multicultural and multireligious understanding: IJMMU, Volume 7, Issue 10, p. 425
ISSN: 2364-5369
This study aims to identify the legal construction and legal implications of the limitations of the legal subject of the mortgage provider in the electronic mortgage service system, as well as the legal protection of the legal subject of the mortgage provider in the electronic mortgage service system. The theory used is the theory of legal certainty, the theory of legal norms hierarchy and the theory of legal protection. The limitation of the subject of the mortgage provider in electronic mortgage services results in a conflict of legal norms which in the Mortgage Law does not limit the subject of the mortgage provider, and results in no longer validity of third parties as providers of mortgage rights who are not debtors. Then the legal protection is not much different from the previous process of imposing mortgage rights, the difference is in technical matters regarding documents that are now being carried out using electronic documents which are also electronic evidence.
Settlement of Inheritance Dispute Through Non Litigation on Sumbawa Community Of West Nusa Tenggara Province
In: International journal of multicultural and multireligious understanding: IJMMU, Volume 6, Issue 3, p. 374
ISSN: 2364-5369
This article aims to analyze the implementation of transition and distribution of inheritance from the inheritor to the recipient of inheritance, and the solution of inheritance disputes through non-litigation in the West Sumbawa community. This article sourced from the results of empirical legal research with a legal and anthropological approachs. The type of data is secondary and primary data that analyzed qualitatively. The results showed that, transition and distribution of inheritance in West Sumbawa community, generally conducted when the inheritor is still alive, with the aim that the inheritance recipient know the portion received, avoid rights disputes, support the lives of married inheritors, and so that the inheritor spirits can calm down akherat, while the determination of portion of each recipient of inheritances is two parts for men and one part for women. Settlement of inheritance disputes, generally through non-litigation efforts. This model refers to the principle of inter-family deliberation, or by mediation that involves a third party as a mediator. This model is beneficial for the parties because their secrecy is guaranteed to protect, the procedures for settlement are fast, very simple, informal, and the costs are very cheap. So, the parties are more free to negotiate, and the results are peace (Win-win Solution), so that the relations of the parties will remain harmonious.
Roles and Responsibilities of Notary Under Transformation Business Institution from Commanditaire Vennootschap (CV) Become a Legal Entity Limited Liability Company (PT) (Study in Mataram City)
In: International journal of multicultural and multireligious understanding: IJMMU, Volume 8, Issue 7, p. 636
ISSN: 2364-5369
This study aims to analyze the roles and responsibilities of a notary in the change of a CV business entity to a PT legal entity and the legal consequences of changing the CV business entity to a PT. This research is focused on Normative-Empirical research, using a statutory approach, a conceptual approach and a sociological approach. The results of this study, the role of the notary in changing the CV business entity to become a PT legal entity is to settle debt which is then used as a reference to determine the initial capital in PT. Make an announcement in the newspaper that the CV will be upgraded to a PT, the Notary submits an application to obtain a Ministerial decision regarding the legalization of a legal entity electronically and the Notary's responsibility in changing the CV business entity to a PT legal entity can be classified on the responsibility based on errors because the Notary is responsible for the process change from start to finish. Legal consequences that occur with changes. First, the change in status from a CV to a legal entity of PT. Second, the minimum paid-up capital. Third, unlimited responsibility. Fourth, if the CV in charge of managing the company and is personally responsible is a complementary partner. In the PT GMS, the Board of Directors and the Board of Commissioners. Fifth, related to ongoing engagements must still be completed by CV or PT and no transfer of engagement is carried out.
Juridical Analysis of Electronic-Based Use Rights Certificates: Study at Mataram City National Land Agency Office, Indonesia
In: Traektoriâ nauki: international electronic scientific journal = Path of science, Volume 10, Issue 1, p. 8034-8045
ISSN: 2413-9009