scholarly journals Umbrella Act as a Solution to Overcome Conflicting Regulations During the Covid-19 Pandemic

Yuridika ◽  
2021 ◽  
Vol 36 (3) ◽  
pp. 709
Author(s):  
M. Kenza Radhya E A ◽  
Ersya Dwi Nurifanti
Keyword(s):  
Legal Protection ◽  
Legal Aspects ◽  
Government Policies ◽  
Economic Sectors ◽  
Unresolved Problem ◽  
The World ◽  
New Challenges ◽  
The Government ◽  
Laws And Regulations

The Covid-19 pandemic brings new challenges to people around the world, including Indonesia. In Indonesia, the Covid-19 pandemic is still an unresolved problem. As a result of the Covid-19 pandemic, besides threatening health and the economy, it is also exacerbated by government policies. Conflicting policies hinder obstacles in handling the Covid-19 pandemic. The need for a solution in the form of the formation of an umbrella act to overcome the conditions caused by the covid-19 pandemic, which covers the health and economic sectors, can be a solution to the conflicts applied by the Government, and the Umbrella Act can answer the Government's confusion in overcoming this pandemic. This study uses a normative method that discusses legal aspects by critically analyzing library materials applicable to laws and regulations. Umbrella actions can go beyond conflicting with an integrated rule. The Umbrella act can be applied in Indonesia and can be a solution to overcome the number of cases of the Covid-19 pandemic, which is still relatively high. With the Umbrella Act, the Government's responsibility will be fulfilled to provide legal protection to the community. The Umbrella Act, which has been proven to overcome conflicting regulations, will solve the current emergency. With the Umbrella Act, the Government's responsibility will fulfill to provide legal protection to society.

scholarly journals Issue to the Legal Protection of the Use of the State Budget to Handling Covid-19

2021 ◽  
Vol 4 (1) ◽  
pp. 1168-1177
Author(s):  
Soesi Idayanti
Keyword(s):  
Legal Protection ◽  
The State ◽  
Government Policies ◽  
Economic Sectors ◽  
Financial Policies ◽  
State Budget ◽  
Government Grants ◽  
The Government ◽  
Precarious Situation

The Covid-19 pandemic, which impacted the health, social, and economic sectors as a non-natural disaster, led the President to make efforts to handle it with state financial policies by stipulating Perpu Number 1 of 2020. Budget misuse during the Covid-19 pandemic should be punishable by the death penalty because carried out when the state is facing a precarious situation; however, in Perpu No.1/2020, the Government grants immunity rights state budget managers. This legal immunity needs to be studied as a standard-issue regarding the state budget to overcome the Covid-19 pandemic. This study aims to examine the pandemic's impact on state finances and how Government policies are in dealing with the Covid-19 pandemic. This study used a normative juridical approach with data obtained from the literature, and the results were analyzed qualitatively. The results showed that the Covid-19 pandemic resulted in the Government changing the output of the use of the state budget aimed at dealing with the pandemic and restoring the country's economic condition due to the pandemic; the legal solution is to stipulate Perpu Number 1 of 2020, which was then approved by the DPR and became Law Number 2 2020. At the technical, operational level, the Government has also issued various policy regulations as a follow-up to Law Number 2 of 2020, which is used as an effort to deal with precarious situations as a result of the Covid-19 pandemic, such as fiscal policy stimulus, taxes, social assistance, and policies. Adjustment of regional finances. The problem that was considered urgent due to the Covid-19 pandemic led the Government to stimulate immunity in Law Number 2 of 2020. However, this immunity is given following the principle of good faith for users of state finances

scholarly journals IMPACTS OF RISK FACTORS ON THE PERFORMANCE OF PUBLIC-PRIVATE PARTNERSHIP TRANSPORTATION PROJECTS IN VIETNAM

2017 ◽  
Vol 7 (2) ◽  
pp. 30-52 ◽  
Author(s):  
Do Tien Sy ◽  
Veerasak Likhitruangsilp ◽  
Masamitsu Onishi ◽  
Phong Thanh Nguyen
Keyword(s):  
Risk Factors ◽  
Subjective Evaluation ◽  
Government Agencies ◽  
Infrastructure Development ◽  
Infrastructure Projects ◽  
Economic Sectors ◽  
Transportation Projects ◽  
The Government ◽  
Private Investors ◽  
Laws And Regulations

The rapidly increasing demand and the inefficacy of financing transportation infrastructure project investments have contributed to various challenges for Vietnam in recent decades. Since the country’s budget is inadequate for investing in all necessary infrastructure projects, the Vietnam government has been inviting other economic sectors, especially the private sector, to participate in infrastructure development. The cooperation between the government agencies and the private entities, called PublicPrivate Partnership (PPP), must encounter various challenges leading to difficulties in attracting private investors. A main reason is that private investors must deal with critical risks concerning PPP investment environment. It is a challenging task for the government to optimally manage such risks to enhance the attractiveness of PPP projects for private investors. This paper examines the critical risk factors that influence the private sector’s investment decisions on PPP transportation projects in Vietnam. Risk factors inherent in typical PPP projects were compiled by comprehensive literature review. To reflect unique characteristics of PPP projects in Vietnam, the compiled risk factors were reviewed by a group of PPP experts from both the public and private sectors in Vietnam through indepth interviews and questionnaire surveys. In addition, ten PPP project case studies in Vietnam were analyzed to derive the risk profile of PPP transportation projects of the nation. These risk factors were quantitatively assessed based on their probabilities and impact levels. We found that the critical risk factors of PPP infrastructure projects in Vietnam are acquisition/compensation problems, approvals and permits, inadequate feasibility studies, finance market issues, subjective evaluation methods, and change in laws and regulations. By performing factor analysis, these critical risk factors were grouped into four categories: (1) bidding process, (2) finance issues, (3) laws and regulations, and (4) project evaluation issues. These critical risk factors represent the obstacles that repel private investors from PPP transportation projects in Vietnam. Thus, the Vietnam government agencies should meticulously address these issues to attract both domestic and foreign private investors in PPP projects.

scholarly journals Legal Protection of Brand Rights Holders for Brands Counterfeiting in E-Commerce in Indonesia

2020 ◽  
Vol 7 (2) ◽  
pp. 96-101
Author(s):  
Gede Angga Prawirayuda ◽  
I Nyoman Putu Budiartha ◽  
Ni Luh Made Mahendrawati
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
Moral Rights ◽  
Legal Certainty ◽  
Legal Research ◽  
Economic Rights ◽  
Domain Names ◽  
The World ◽  
The Government ◽  
Internet Networks

The most detrimental thing is the use of domain names on internet networks that often use company name, brand and services without permission from the brand owner. The position of the brand is very important in the world of advertising and marketing. That happens because consumers in choosing a product related to the reputation of a brand, based on a sense of trust in the experience in using products with that brand. Aside from being a differentiator of a product with other products, a brand is also a valuable and commercial asset that has moral rights and economic rights. This study aims to analyse the preventive and repressive legal protection of trademark rights holders in e-commerce transactions. This research was conducted using the normative legal research method. The results of this study indicate that the preventive legal protection of trademark rights holders in e-commerce transactions is to register the trademark. The emphasis on preventive protection in this research is related to guarantees of the exercise of rights for brand rights holders in e-commerce transactions. That the presence of the government by drafting the Electronic Commerce Act and conducting socialization related to the legal protection of the parties in e-commerce is expected to be able to provide legal certainty of legal protection. Repressive legal protection in resolving trademark disputes is expected to create a guarantee for the enforcement of the rights of registered trademark rights holders in e-commerce transactions. Settlement of trademark disputes in e-commerce transactions can be done in 2 (two) ways, namely litigation and non-litigation.

scholarly journals Democracy Backsliding as a Danger of Sustainable Development in the Post-Pandemic Period: Social and Legal aspects of Decision

2021 ◽  
Vol 126 ◽  
pp. 06007
Author(s):  
Oleg Tkach ◽  
Оleh Batrymenko ◽  
Dmytro Nelipa ◽  
Mykola Khylko
Keyword(s):  
Human Life ◽  
Legal Aspects ◽  
World Health ◽  
Global Pandemic ◽  
The World ◽  
The Government ◽  
Democratic Principles ◽  
Health Organization ◽  
The Individual ◽  
The Right

The article considers topical issues of the threat of collapse of democracy. Examples of the democracy collapse have shown the lack of free and fair elections in the world, which threatens the independence of the judiciary, restrictions on the right to freedom of speech, which limits the ability of the political opposition to challenge the government, to prosecute, to offer alternatives to the regime. The collapse of democracy in connection with the spread of COVID-19 is being considered, as the democratic spectrum has repeatedly resorted to excessive control, discriminatory restrictions on freedoms such as movement and assembly, and arbitrary or coercive coercion. Attention is drawn to the fact that the outbreak of coronavirus COVID-19 has led to the introduction in all countries of restrictions on the rights and freedoms of the individual in order to prevent the spread of this infectious disease, declared a global pandemic by the World Health Organization. Thus, the unusual nature of the COVID - 19 coronavirus pandemic poses numerous dilemmas to the public, governments, parliaments, the judiciary, law enforcement and many other actors when it comes to the need for effective protection of health and, ultimately, human life, as well as adherence to and ensuring the fundamental democratic principles of man and society.

scholarly journals Efficient E-Government Services, Constraints and Problems of Technical Applications and Software and the Transition to Smart Government

2016 ◽  
Vol 2 (3) ◽  
Author(s):  
Yasser A. Seleman
Keyword(s):  
Significant Proportion ◽  
The Other ◽  
Economic Sectors ◽  
The Public ◽  
Government Services ◽  
Government Sector ◽  
The World ◽  
The Government ◽  
The One ◽  
Smart Government

  The e-governance is the concept and structure of the system and the functions and activities of all activities and processes in e-business on the one hand the level of e-government and business on the other.               Because the government sector as a significant proportion of the total economic sectors in most countries of the world, and the fact that dealing with the public sector is not limited to the class and not others, but prevail all citizens and residents, institutions and others, and the fact that this multi-dealing in quality, methods and how it is done and models for different procedures and steps implemented and locations between the corridors of government departments, the concept of e-government came as an ideal way for the government to enable them to take care of the interests of the public from individuals and institutions electronically using cutting-edge technology without the need for the applicant to move between government departments.  

scholarly journals Implementation of Prudential Principles in the Use of Disinfectants as an Effort to Prevent Covid-19 Pandemic for Legal Protection of Ecosystems

2020 ◽  
Vol 1 (1) ◽  
pp. 58
Author(s):  
Otih Handayani
Keyword(s):  
Public Health ◽  
Environmental Law ◽  
Legal Protection ◽  
Legal Certainty ◽  
Legal Research ◽  
Healthy Environment ◽  
Rapid Spread ◽  
The World ◽  
The Government ◽  
Almost All

<p>The Covid-19 pandemic spreads almost all over the world, including Indonesia. The rapid spread of many fatalities resulted in the government using various means to overcome the pandemic, among others, with preventive efforts through massive disinfectant spraying. This research aims to lysis on applying the principle of prudence in the use of a disinfectant. This research is doctrinal/normative legal research with a statutory approach. Data is collected with literature studies, qualitatively analyzed. The results describe the use of large and inappropriate disinfectants that cause environmental pollution and adverse effects on public health. Environmental law analysis using Law No. 32 of 2009 and the regulations below can protect legal certainty and protect everyone's right to a good and healthy environment to protect the entire ecosystem.</p>

The Race between the Dragon and the Elephant: Comparing China and India's National Broadband Plans

2014 ◽  
Vol 151 (1) ◽  
pp. 180-190 ◽  
Author(s):  
Krishna Jayakar ◽  
Chun Liu
Keyword(s):  
Private Investment ◽  
Limited Range ◽  
Government Policies ◽  
Supply Side ◽  
Role Of Government ◽  
China And India ◽  
The World ◽  
The Government ◽  
Compare And Contrast

Some 134 national broadband plans are now in place around the world. Opinions are divided regarding the role of government in broadband markets: should the government act as an ‘enabler’ or as the ‘rule-maker’? In this context, this article analyses the ambitious national broadband plans recently announced by China and India, two rising economic powerhouses. Traditionally, China's telecommunications development has been driven by investments from government-allied entities and a strong industrial policy, while India's approach has relied on government policy to create the framework for private investment with a limited range of subsidies on the supply side. We trace the antecedents of the different policy approaches adopted by the two countries towards their respective broadband sectors, compare and contrast the motivations that have driven them to draft the national broadband plans and evaluate the effectiveness of government policies and regulations.

scholarly journals LINGKUNGAN HIDUP SEBAGAI SUBJEK HUKUM: REDEFINISI RELASI HAK ASASI MANUSIA DAN HAK ASASI LINGKUNGAN HIDUP DALAM PERSPEKTIF NEGARA HUKUM

2018 ◽  
Vol 26 (1) ◽  
pp. 1
Author(s):  
Abdurrahman Supardi Usman
Keyword(s):  
Legal Protection ◽  
The State ◽  
Legal Rights ◽  
Legal Person ◽  
Legal Subject ◽  
Environmental Disputes ◽  
Legal Standing ◽  
The World ◽  
The Government ◽  
New Perspective

Inspired by “Should Trees Have Standing? Toward Legal Rights for Natural Objects” (Christopher D. Stone, 1974) that popularized the doctrin: “environment as a legal subject”. This thesis was directly elaborating the relation between the constitutional aspect of the “state of law” and its admission of environmental rights, not just about the dimention of the philosophy of law but beyond of it: this thesis was discuss about the theoretical dimention of law and its relevance in Indonesia. At least there are two monumental cases in the world which were become the landmark case of environmental disputes resolution based of by the doctrin of ecocracy. In the dissenting opinion of the judge William O. Douglas in Sierra Club vs Morton’s case, United Stated of America (1972) and in the appeal decision of the Wheeler vs the Government of the provincial of Roja’s case, Ecuador (2011). Those cases had opened a new perspective in the legal proceeding that the environment had be approved as a legal person. In other words, the environment had recognized as a legal subject. Then, by using the conseptual approach and comparative of law approach, this thesis had elaborated the relevance of this doctrin: “The Environment as a Legal Subject” in Indonesian context then verified it with the related legal theories. Besides it all, in this thesis also discuss the relation between of the environmental legal protection and the state of law concept in the ecocracy and constitualism perspective framework. Hopefully this thesis would be the steping stone to realize the constitutionalisation the environment rights and to realize the legal standing innovation in the environmental disputes resolution.

scholarly journals INTELLECTUAL PROPERTY RIGHTS (IPR) ASPECT IN THE FRANCHISE BUSINESS FORMAT

2019 ◽  
Vol 8 (1) ◽  
pp. 106
Author(s):  
Budi Santoso
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Industrial Design ◽  
Legal Protection ◽  
Trade Secrets ◽  
The World ◽  
The Government

In the franchise business, there are several aspects of IPR involved in it, such as trademark, copyright, patent either ordinary or simple, industrial design, and trade secrets. Each field of IPR has its own character and forms of legal protection that differ from one another, while the most basic aspects of IPR in the world of the franchise business, name brands and trade secrets. This study aims to analyze the correlation between aspects of Intellectual Property Rights and the franchise business format and which aspects of the IPR correlate with the format of the franchise business. The results show that the franchise agreement can be categorized as a principal agreement, involving the government, and the parties, while additional agreements, which are purely an agreement between the franchisor and the franchise, can be in the form of an agreement to maintain company secrets.

scholarly journals Foreign Direct Investments and Attracting Policies to be Undertaken by the Government. The Case of Kosovo

2021 ◽  
Vol 11 (1) ◽  
pp. 32
Author(s):  
Demir Limaj
Keyword(s):  
Foreign Direct Investment ◽  
Comparative Analysis ◽  
Economic Activity ◽  
Direct Investment ◽  
Government Policies ◽  
Foreign Direct Investments ◽  
Economic Activities ◽  
The World ◽  
Comparative Statistical Analysis ◽  
The Government

This paper focuses on foreign direct investments in Kosovo, based on a comparative statistical analysis of different sectors of economic activity and different countries of the world that have invested in Kosovo during the reporting period under study. We make use of the comparative analysis expressed in (%) by sorts of economic activity and aim to conclude which sector is more invested by foreign direct investment in Kosovo according to its economic activity. Whereas, through comparative analysis by different countries of the world that have invested in Kosovo, we aim to determine which are the countries that have mostly invested in foreign direct investment in Kosovo, and the level of performance of foreign direct investments during the reported period under study. The data were provided by the Central Bank of Kosovo for the period 2007-2019. In this paper we reflect the performance of foreign direct investments by years based on different sectors of economic activities and by different countries that have invested in Kosovo by applying the comparative analysis. It is of particular importance here to mention some of the options we suggest regarding to some of the government policies that should be undertaken in attracting and increasing foreign direct investments in Kosovo.   Received: 7 August 2020 / Accepted: 17 December 2020 / Published: 17 January 2021

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