Suchergebnisse

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.

The most important thing before starting the construction project is deciding the type of contract will be used for the project's implementation. In order to get the proper decision, the understanding on various conditions of contracts are required. In Indonesia there are many project using the so called "modified" FIDIC Conditions of Contract for EPC/Turnkey Project, but with the incorrect understanding on the reasons of using EPC/Turnkey Contract, so instead of solving the problem it may caused bigger problems in practice, many problems raised during the execution due to such incorrect understanding of the spirit of EPC/Turnkey Contract. Most of Employers, in this case the government institution or state owned enterprises in Indonesia, choose the EPC/Turnkey Contract with minimum understanding of the essence of the EPC/Turnkey Contract. Their reasons of choosing the EPC/Turnkey Contract was the "tied schedule" and the "higher certainty of cost". FIDIC EPC/Turnkey Contract based on the discussion in this paper, instead of fit the Employer's need only, the EPC/Turnkey Contract still give chance to the contractor to submit their claim (Clause 20) and even the price is fixed, payment could be made once the claim is accepted (Sub-Clause 17.4) means that additional to the contract price can be done. One of the important noteworthy thing is that if there is additional cost it should be "added to the contract price", while in the conventional contract it should be "included in the contract price", so the final price will be the same (Sub-Clause 14.1). Keyword: EPC/Turnkey Contract, tied schedule, higher certainty of cost, added, included. ; The most important thing before starting the construction project is deciding the type of contract will be used for the project's implementation. In order to get the proper decision, the understanding on various conditions of contracts are required. In Indonesia there are many project using the so called "modified" FIDIC Conditions of Contract for EPC/Turnkey Project, but with the incorrect understanding on the reasons of using EPC/Turnkey Contract, so instead of solving the problem it may caused bigger problems in practice, many problems raised during the execution due to such incorrect understanding of the spirit of EPC/Turnkey Contract. Most of Employers, in this case the government institution or state owned enterprises in Indonesia, choose the EPC/Turnkey Contract with minimum understanding of the essence of the EPC/Turnkey Contract. Their reasons of choosing the EPC/Turnkey Contract was the "tied schedule" and the "higher certainty of cost". FIDIC EPC/Turnkey Contract based on the discussion in this paper, instead of fit the Employer's need only, the EPC/Turnkey Contract still give chance to the contractor to submit their claim (Clause 20) and even the price is fixed, payment could be made once the claim is accepted (Sub-Clause 17.4) means that additional to the contract price can be done. One of the important noteworthy thing is that if there is additional cost it should be "added to the contract price", while in the conventional contract it should be "included in the contract price", so the final price will be the same (Sub-Clause 14.1). Keyword: EPC/Turnkey Contract, tied schedule, higher certainty of cost, added, included.

p. 155-173 ; Regional autonomy must be understood as a process of democratization, open the space of democratic governance, responsive to the public interest, and maintain decision-making mechanisms that adhere to the principle of public accountability. But behind the above advantages, there are some disadvantages, such as excessive aspiration can lead to disintegration, which causes conflict of interests is growing, particularly conflict of using the natural resource. Water use disputes of the Udanuwuh village and the Dlingo village is an example of conflict of using water resources not only between people in two villages, but involves two regencies, namely Boyolali Regency and Semarang Regency. This study shows that the solution of the conflict depends on the role of mediator, the pattern of negotiation, legal certainty, and coordinative functions of governments.

This paper aims at promoting prospective Intellectual Property (IP) securitization as a feasible mode of financing creative industries demanding instant capital to operate, develop products and promote market expansion. The proposed approach is dedicated to accelerate new financial sources of support to strengthen and develop creativity and productivity in the creative industries. The current paper introduces a new legal institution which is not regulated yet under Indonesia's positive laws. It shows how creative companies might use the institution to gain direct and indirect benefits. It is acknowledged that this proposal may spark challenges at the doctrinal, normative and practical levels. At the doctrinal level, the potential for challenge refers to the philosophical issue related to exclusive rights doctrine. At the normative level, the challenges are caused by the absence of regulation concerning IP securitization in Indonesia influencing the validity and viability of IP securitization transactions. At the practical level, this proposal may not guarantee the certainty of IP valuation as a unique asset involving complex procedures, interdisciplinary laws, profesionals and so forth. In order to overcome the doctrinal challenge, this paper offers relevant principles which may function to balance the acceleration of IP securitization as a new financing mechanism for creativity and prevent unrestricted exploitation of IP exclusive rights. For addressing any normative and practical challenges, this work promotes the need for government involvement in developing and promoting IP securitization by providing economic and legal frameworks, started by enactment of IP securitization regulation and the establishment of infrastructures for IP securitization

Arbitration is an institution of dispute settlement based on arbitration agreements. An arbitration agreement may be an arbitration clause incorporated by a standing agreement or an arbitral agreement independent of its principal agreement. Based on the arbitration agreement, there are two principles named Niet van Openbaar Order and Pacta Sunt Servanda. Based on the principle of the arbitration clause of the Niet van Openbaar Order, the arbitration clause does not necessarily provide the competence of the arbitration body to resolve the dispute under arbitration agreements. Instead the principle of clause is Pacta Sunt Servanda provides absolute competence for the arbitration body to resolve the dispute. The existence of these two principles leads to a lack of interpretation of the absolute competence of arbitration among law practitioners. This study aims to find out how exactly the competence of arbitration institutions in settling disputes that have been bound arbitration agreement is based on the duality principle of Niet van Openbaar Order and Pacta Sunt Servanda arbitration clause in Indonesian law. The results of the study explained that the legislation in the legal system of Indonesia as stipulated in Law no. 30 of 1999 has expressly stated that absolute competence for arbitration institution as the institution of dispute settlement which is bound by arbitration agreement. Therefore, the legal practitioners should return to the legal norm in order not to happen again the tug of competence to adjudicate disputes between the arbitration institution and the court institution. With this it is expected that the legal certainty in the arbitration order can be enforced.

Undang-Undang No. l Tahun 1974 In people's lives there is still a frequent way of marriage which is a violation of Law , especially article 2 paragraph 2, namely: "Each marriage is recorded according to the applicable laws and regulations". The definition of violation in the law, known as siri marriage. In this case the law must be understood as a set of rules governing, controlling society. Law in this sense is not part of the community system, but control of the community system. Law in this sense is not part of the community system, but control of the community system. According to Gustav Radbruch law must contain three basic values, namely: 1. Value of justice (philosophical aspect). The validity of the law is justified on the basis of human philosophical beliefs. 2. Value of certainty (juridical aspect). The law is enforced because it is determined by the state (gemeenschap), namely by the government and the people's representative council. 3. Value of benefits (sociological aspects). The validity of the law is due to social reality (society as a whole). In a sociological and philosophical view, siri marriage is relatively acceptable to the community, but judicially cannot be justified because it will have an impact on the low legal awareness of the community. Marriage recording does not determine the validity of a marriage, but only states that the marriage event actually happened, so it is merely administrative. Thus, the marriage is legitimate because it is carried out in accordance with religious law but has a weakness, namely the absence of a recording as referred to in article 2 paragraph 2 of Undang-Undang No. l Tahun 1974 . In reality the registration of marriages brought more good than bad in living in a society, so carrying out the registration of the marriage would be in line and not in conflict with religious norms

Indonesian education so far has kept a problem that has not received the attention of all stakeholders, namely sexual violence that occurs to students. Victims are faced with the power relations of educational institutions whose reputation is tarnished because of cases of sexual violence. The existence of social media as a social driver is able to mobilize cases of sexual violence on Campus to become a national issue. This prompted the Ministry of Education and Culture to issue Ministerial Regulation no. 30 of 2021 concerning the prevention and handling of sexual violence in universities. This research focuses on critical discourse analysis of this Ministerial Regulation. This research is a descriptive-qualitative research type. To gain comprehensive power of qualitative research analysis, the research phase requires the power of reason which is the source of analytical ability (Arikunto, 2010). The scalpel uses the critical discourse analysis technique of Norman Fairclough's model. The main study is focused on microstructural (text), mesostructure (discourse practices), and macrostructural (sociocultural practices) data. The study results are, first, this regulation is motivated by the phenomenon of the iceberg of sexual violence in the university environment. The government feels the need to provide legal certainty to perpetrators and victims. Second, in this regulation, the government uses educational narratives, prevention, and handling, protecting whistleblowers, and restoring victims' rights. Third, this regulation impacts the social life of the community through various responses. ; Pendidikan Indonesia selama ini menyimpan sebuah permasalahan yang belum mendapat perhatian dari segenap pemangku kepentingan yaitu kekerasan seksual yang terjadi pada peserta didik. Korban dihadapkan pada relasi kuasa institusi Pendidikan yang tidak nama baik Lembaga tercoreng karena kasus kekerasan seksual. Keberadaan sosial media sebagai penggerak sosial mampu memobilisasi kasus kekerasan seksual pada sebuah kampus menjadi isu nasional. Hal ini lantas membuat kemendikbud mengeluarkan Peraturan Menteri No. 30 tahun 2021 tentang pencegahan dan penanganan kekerasan seksual di lingkungan Perguruan Tinggi. Penelitian ini berfokus pada analisa wacana kritis terhadap peraturan Menteri ini. Penelitian ini termasuk jenis penelitian deskriptif-kualitatif. Untuk mendapatkan kekuatan komprehensif tentang analisis penelitian kualitatif, tahap penelitian memerlukan kekuatan akal yang merupakan sumber kemampuan analisis (Arikunto, 2010). Adapun pisau bedahnya menggunakan teknik analisis wacana kritis model Norman Fairclough. Kajian utama ditumpukan pada data mikrostruktural (teks), mesostruktural (praktik wacana), dan makrostruktural (praktik sosiokultural). Hasil penelitian yaitu, pertama, peraturan ini di latar belakangi oleh fenomena gunung es tindak kekerasan seksual di lingkungan perguruan tinggi. Pemerintah merasa perlu untuk bertindak memberikan kepastian hukum kepada pelaku dan korban. Kedua, dalam peraturan ini pemerintah menggunakan narasi yang bersifat edukasi, pencegahan, penanganan, perlindungan pelapor, dan pemulihan hak-hak korban. Ketiga, peraturan ini memberikan dampak bagi kehidupan sosial masyarakat melalui respons-respons yang cukup beragam.