scholarly journals Legal Aspects of Business Competition in the Procurement of Covid-19 Vaccine by Bio Farma Ltd

2021 ◽  
Vol 23 (2) ◽  
pp. 193-209
Author(s):  
Tri Utomo Wiganarto ◽  
Asenar Asenar ◽  
Elisatris Gultom
Keyword(s):  
Qualitative Analysis ◽  
Negative Impact ◽  
Competition Law ◽  
Legal Aspects ◽  
Study Analysis ◽  
Conceptual Approach ◽  
Library Research ◽  
The Government ◽  
Study Techniques ◽  
Article 50

The purpose of this research is to analyze the exclusion of monopoly by State Owned Enterprises (BUMN) based on the provisions of business competition law in the procurement of the Covid-19 vaccine by Bio Farma (Persero) Ltd. Indonesia is being hit by the Covid-19 outbreak. This condition has had a negative impact in various fields. To overcome this, one of the government's efforts is to bring in vaccines to prevent the spread, and the procurement of vaccines is given to Bio Farma Ltd. There are indications of monopoly actions in the procurement of Covid-19 vaccines by Bio Farma Ltd. This research uses the approach statute approach and conceptual approach. The technique of tracing legal materials uses field study techniques and document studies (library research), as well as study analysis is using qualitative analysis. The results of the research and the discus-sion show that the procurement process for the Covid-19 vaccine is strictly regulated by the government. Even the quantity, procurement, and distribution are coordinated by the government in this case through the assignment of SOEs (BUMN) as regulated in Presidential Regulation Number 99 of 2020 as amended by Presidential Regulation Number 14 of 2021. The results of the study show that the actions taken by SOEs (BUMN) in this case Bio Farma (Persero) Ltd in procuring the Covid-19 vaccine is included in the excluded monopoly category, because it meets the elements of the provisions in Article 50 paragraph a. Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition.

scholarly journals Legal Aspects of Financial Technology in the Perspective of Improving Public Welfare

2020 ◽  
Vol 9 (3) ◽  
pp. 664
Author(s):  
Musa Darwin Pane
Keyword(s):  
Law Enforcement ◽  
Legal Aspects ◽  
Public Welfare ◽  
Conceptual Approach ◽  
Positive Law ◽  
Strategic Position ◽  
The Government ◽  
Study Techniques ◽  
Financial Technology

This writing aims to find out the legal aspects, especially regarding criminal policies in minimizing the occurrence of criminal acts in financial technology in Indonesia in the perspective of improving people's welfare and to find out the role of law enforcement in preventing financial technology criminal acts in Indonesia in the perspective of improving people's welfare. This paper uses normative legal research methods because the focus of the study departs from norms, regulations, legal theories and therefore has the task of systematizing positive law, using the approach: statute approach, conceptual approach, and analytical approach. The technique of tracing legal materials uses document study techniques and analysis of studies using qualitative analysis. Based on the results of the study that the need for reconstruction and/or reformulation of regulations which are the basis of the implementation of financial technology in Indonesia because they are considered not to regulate completely and in these conditions, the role of law enforcement in preventing and overcoming criminal acts has a strategic position because it is part of a task in carrying out the protection and protection of the community in realizing public welfare. Based on this the authors argue that in addition to internal reform in reconstruction and/or reformulation, external improvement is also needed through ratification from various countries and governments should be related to the implementation of financial technology in one door under the government so that supervision will be better and the government to innovate financial technology as an alternative in realizing public welfare.

scholarly journals KAJIAN YURIDIS TERKAIT PENGEMBANGAN IKLIM INVESTASI INDONESIA DI ERA PANDEMI COVID-19

2021 ◽  
Vol 6 (1) ◽  
pp. 20-40
Author(s):  
Lis Julianti
Keyword(s):  
Economic Growth ◽  
Qualitative Analysis ◽  
Research Method ◽  
Economic Potential ◽  
Investment Climate ◽  
Legal Certainty ◽  
Conceptual Approach ◽  
Doing Business ◽  
Library Research ◽  
The Government

Investment is a sector that plays an important role in economic growth in a country. Indonesia is a country that has enormous economic potential to attract investors to invest, but has not been able to create a conducive investment climate. The existence of the COVID-19 pandemic has further exacerbated the decline in investment in Indonesia. This is due to various tight restrictions, the complexity of managing licensing and regulations that still overlap between the center and the regions. The research method used is juridical normative which is based on secondary legal materials. This study uses an approach: statute approach, and conceptual approach. The technique of searching for legal materials uses the document study technique (library research), and the analysis of the study uses qualitative analysis. The results of this study indicate that the Government has made maximum efforts by issuing various regulations or policies in order to revive the investment climate in Indonesia so that the country's economic growth can increase, and is able to guarantee legal certainty in doing business in Indonesia.

scholarly journals Perlindungan Karakter Anime Berdasarkan Undang-Undang Hak Cipta

2021 ◽  
Vol 10 (1) ◽  
pp. 79
Author(s):  
Ni Nyoman Dianita Pramesti ◽  
I Ketut Westra
Keyword(s):  
Qualitative Analysis ◽  
Analytical Approach ◽  
Legal Protection ◽  
Legal Research ◽  
Conceptual Approach ◽  
Commercial Use ◽  
Study Techniques

The purpose of this paper is to identify, analyze and elaborate legal protection for anime characters based on Indonesia Law Number 28 Year 2014 concerning Copyright, as well as preventive efforts that can be taken by other parties who want to use anime characters. This is a normative legal research using a statutory approach, conceptual approach and analytical approach. The technique of tracing legal materials uses document study techniques, and the analysis of the study uses qualitative analysis. The results of the study show that anime characters are images that are protected under the copyright regime, which will be protected automatically once the work is transformed into work expression and business actors wishing to use anime character images for commercial use are required to have a license. Tujuan penulisan ini adalah untuk mengidentifikasi, menganalisis dan mengelaborasi perlindungan hukum atas karakter anime berdasarkan Undang-Undang Nomor 28 Tahun 2014 tentang Hak Cipta, serta upaya pencegahan yang dapat dilakukan oleh pihak lain yang ingin menggunakan karakter anime. Tulisan ini menggunakan metode penelitian hukum normatif dengan menggunakan pendekatan peraturan perundang-undangan, pendekatan konsep dan pendekatan analisis. Tehnik penelusuran bahan hukum menggunakan tehnik studi dokumen, serta analisis kajian menggunakan analisis kualitatif. Hasil studi menunjukkan bahwa karakter anime merupakan gambar yang dilindungi dalam rezim hak cipta secara otomatis dan bagi para pelaku usaha yang ingin menggunakan gambar karakter anime untuk penggunaan secara komersial wajib memiliki lisensi.

scholarly journals The Urgency Of Creating Regional Regulations For Supporting The Implementation Of Regional Autonomy

2019 ◽  
Vol 19 (1) ◽  
pp. 75
Author(s):  
Lies Ariany ◽  
Risni Ristiawati
Keyword(s):  
Local Governments ◽  
Local Community ◽  
Central Government ◽  
Regional Government ◽  
Conceptual Approach ◽  
Regional Autonomy ◽  
Library Research ◽  
The People ◽  
The Government ◽  
Government Level

The Regional government which carried out based on the principle of autonomy as wide as possible implies that the regions are given the authority to regulate and manage all their own affairs. So, this study tried to conduct a study of normative law to further examine the nature of the implementation of regional autonomy, and the second tried to analyze the role of regional regulations in order to support the implementation of regional autonomy through library research using the statute approach and conceptual approach. The results of the study indicated that one of the important ideals and rationalities for implementing regional autonomy was to make the policy process closer to the society, not only in the central government. For this reason, authority needs to be given so that local governments can take their own initiative to make decisions regarding the interests of the local community through laws at the local government level. Thus, the contents of the Regional Regulations are to accommodate the interests of the people in the regions in order to achieve happiness and prosperity that is distributed equally to the people in the area.Pemerintah daerah dilaksanakan berdasarkan prinsip otonomi yaitu memberi dan melaksanakan rumah tangga itu sendiri. Untuk alasan ini, penelitian ini adalah studi hukum normatif untuk memeriksa lebih lanjut tentang pelaksanaan otonomi daerah dan pendekatan lain yang dapat dianalisis dengan menggunakan pendekatan perpustakaan menggunakan pendekatan Statuta dan pendekatan konseptual. Hasil penelitian menunjukkan bahwa salah satu cita-cita dan rasionalitas penting pelaksanaan otonomi daerah adalah membuat proses lebih dekat dengan masyarakat, tidak hanya di pemerintah pusat. Untuk alasan ini, perlu mengisi ruang sehingga pemerintah dapat mengambil inisiatif sendiri untuk membuat keputusan tentang lingkungan masyarakat melalui peraturan di tingkat pemerintah daerah. Ini adalah konten materi dari Peraturan Daerah pada dasarnya untuk mengakomodasi manfaat masyarakat di daerah dalam rangka mencapai kebahagiaan dan kemakmuran yang didistribusikan secara merata kepada orang-orang di daerah tersebut.(The regional government is carried out based on the principle of autonomy is giving and carrying out the household itself. For this reason, the research is normative legal studies to examine more about the implementation of regional autonomy and other approaches that can be analyzed using the library approach using the Statute approach and the conceptual approach. The results of the study show that one of the important ideals and rationalities of the implementation of regional autonomy is to make the process closer to the community, not only in the central government. For this reason, it is necessary to fill the space so that the government can take its own initiative to make decisions about the community environment through a regulation at the regional government level. This is the material content of the Regional Regulation is essentially to accommodate the benefits of the community in the area in order to achieve happiness and prosperity that is evenly distributed to the people in the area). 

scholarly journals Supervision and Control of The Government Internal Supervisory Apparatus in The Implementation of Regional Autonomy

2019 ◽  
Vol 1 (1) ◽  
pp. 56-69
Author(s):  
Engkus ◽  
Cecep Wahyu Hoerudin ◽  
Dedeng Yusuf Maolani
Keyword(s):  
Local Governments ◽  
Public Services ◽  
Negative Impact ◽  
Positive Impact ◽  
Public Preference ◽  
Regional Autonomy ◽  
The Government ◽  
Study Techniques ◽  
And Control

The main problem of this regional autonomy research is the low competence of human resources in the New Autonomous Region of  Pangandaran Regency, which is caused by its suboptimal implementation. The purpose of this study is to describe the implementation of regional autonomy and its impact. The method used is a qualitative approach with observation, interview and library study techniques. This study concludes that the implementation of regional autonomy in Pangandaran is not yet optimal. The positive impact of regional autonomy can increase the efficiency and responsiveness of government in public services with public preference, and arouse the spirit of competition and innovation among local governments. The negative impact, the quality of public services is low, due to the transfer of authority which is often misunderstood or misused so that adequate and formal supervision and control is needed both formally and informally as well as synergy between local, provincial and central governments.

scholarly journals Perlindungan Hukum bagi Pekerja Akibat Pemutusan Hubungan Kerja pada Masa Pandemi Covid-19

2021 ◽  
Vol 2 (3) ◽  
pp. 543-547
Author(s):  
Eggy Septyadi Silaban ◽  
Desak Geded Dwi Arini ◽  
Luh Putu Suryani
Keyword(s):  
Negative Impact ◽  
Legal Protection ◽  
Primary Data ◽  
Poverty Level ◽  
Research Support ◽  
Conceptual Approach ◽  
Legal Writing ◽  
The Government ◽  
Role Of The Government

Currently, any part of the world is facing a virus called Covid-19. Since the emergence of this case, all access has been hampered, especially in the economic field. Increasing unemployment is one of the current problems, for that we need a legal protection to ensure life for workers during this pandemic. The purpose of this study to analyze. Arrangements for termination of employment for workers due to the COVID-19 pandemic as well as legal protection for workers due to termination of employment due to the COVID-19 pandemic. This research is a type of normative legal writing with a conceptual approach and legislation. Sources of data used in the form of secondary and primary data sources. Data collection techniques by classifying primary legal materials with secondary legal materials as research support. The analysis of legal materials obtained by qualitative analysis. The results of the study indicate that Termination of Employment has a negative impact on workers because they lose their jobs so that it also has an impact on increasing the poverty level of the Indonesian people. Because the emergence of PSBB regulations from the government of course makes the space for work narrower and layoffs are increasingly prevalent, therefore the regulation of Law no. 13 of 2003 concerning Manpower and also the role of the government is very important to overcome the occurrence of layoffs that are not in accordance with the laws and regulations. The legal protection is divided into 2 things, namely preventive legal protection and repressive legal protection.

PERANAN MEDIA GAGDET DALAM IMPLEMENTASI KEBIJAKAN PEMBELAJARAN PAI DI MASA PANDEMI COVID-19

2021 ◽  
Vol 19 (1) ◽  
pp. 087
Author(s):  
MOH. AINUR ROKHIM
Keyword(s):  
Negative Impact ◽  
Islamic Education ◽  
Education Policies ◽  
Face To Face ◽  
Positive Side ◽  
Library Research ◽  
Face To Face Learning ◽  
The Government ◽  
Learning Policies ◽  
And Training

The increasingly uncontrolled spread of Covid-19 led the government through the Minister of Education and Culture to issue S.E Number 4 of 2020 concerning the Implementation of Education Policies in an Emergency the Spread of Covid-19 which prohibits face-to-face learning in schools. Therefore, Learning must be done remotely or online by utilizing technology. This research is aimed at examining the challenges and roles of Gadget media in implementing Islamic Education learning policies during the Covid-19 pandemic. This research is a library research with descriptive-analytical literature methods and through conceptual and comparative approaches. The results of this study explain that gadget media has a very important role in implementing the Islamic Education Learning policy during the Covid-19 pandemic. Gadget media features and applications act as communication intermediaries and introductory students in stimulating attention, interests, thoughts, and feelings, enriching knowledge and experience, changing spiritual and social attitudes, and training their skills in Islamic Education Learning. Media gadgets make it easier for students to master spiritual, social, knowledge, and skills competencies in Islamic Education subjects without having to meet face to face. However, the use of gadget media besides having a positive side, it also has a negative impact on children's development. Therefore, the use of gadget media requires wisdom, intelligence, and parental involvement in educating, supervising, accompanying and instilling the principles of health, education, discipline, responsibility, and moral values ​​in children.

scholarly journals Penegakan Hukum Terhadap Tindak Pidana Kepabean Penyeludupan Pakaian Bekas (Putusan No. 237/Pid.B/2016/PN.Tjb)

2019 ◽  
Vol 1 (2) ◽  
pp. 158-165
Author(s):  
Roberto Tambunan ◽  
Suhatrizal Suhatrizal ◽  
Taufik Siregar
Keyword(s):  
Negative Impact ◽  
Import Price ◽  
Field Research ◽  
The Other ◽  
Domestic Industry ◽  
The Public ◽  
The Poor ◽  
Other Hand ◽  
Library Research ◽  
The Government

Smuggling is a problem that often occurs in Indonesia, so the smuggling problem must receive the full attention of the government to be immediately addressed. As a national legal product based on the Pancasila and the 1945 Constitution, the form of the Proactive and Anticipatory Customs Law is still very simple, on the other hand it must reach a broader aspect to anticipate the development of trade. The method of this research is Library Research and Field Research. The negative impact of smuggling used clothing is very detrimental to the domestic industry and detrimental to the country's income and economy, but on the other hand there are also positive impacts on the poor that benefit from being able to buy ex-foreign goods from smuggling at low prices and higher quality high. As one of the Government Agencies participating in the effort to eradicate the smuggling of used clothing and the public should not be easily tempted by the import price of used clothing which is cheaper than local clothing, because the level of health is not necessarily guaranteed.

scholarly journals Initial Coin Offering (ICO) in Perspective Law of Sharia Business

Al-Ahkam ◽  
2020 ◽  
Vol 30 (1) ◽  
pp. 1
Author(s):  
Imam Subarkah
Keyword(s):  
Information Technology ◽  
Qualitative Analysis ◽  
Business Model ◽  
Public Life ◽  
Development Phase ◽  
Conceptual Approach ◽  
Analysis Techniques ◽  
Library Research ◽  
Treaty Law

<p>Tixl (TXL) is a crypto money project that uses Initial Coin Offering (ICO) to fund its development phase. Various problems underlying the existence of Tixl (TXL) and the proposed solutions are closely related to the condition of society in the information technology era. This study aims to determine the various factors underlying the use of ICO as a way to raise funds, examine Tixl (TXL) as a crypto money project and its position in public life which is reviewed in the perspective of the <em>maṣlaḥa mursala</em>, and token sales transactions in ICO organized by Tixl gmmbH in the perspective of Islamic treaty law. This research is a library research using a conceptual approach and qualitative analysis techniques. This paper shows that there are three factors underlying the use of ICOs as a way to raise funds, namely a change in orientation in the business model, tokenization, and characteristics of business activities. As a crypto money project, Tixl (TXL) cannot provide benefits that are comprehensive or <em>kully</em>, even the harm caused is greater than the benefits. Transaction of token sales in ICO held by Tixl (TXL) is a transaction that is damaged because it is contrary to <em>maqāṣid al-sharī'ah</em>.</p>

scholarly journals Pengaturan Pelayanan Kesehatan yang di lakukan oleh Dokter Melalui Telemedicine

2020 ◽  
Vol 9 (3) ◽  
pp. 621
Author(s):  
Anak Agung Gde Siddhi Satrya Dharma
Keyword(s):  
Health Services ◽  
Negative Impact ◽  
Health Sector ◽  
Online Media ◽  
Legal Basis ◽  
General Welfare ◽  
The Republic ◽  
The Government ◽  
Study Techniques

Abstract General welfare is the ideals of the Indonesian people as referred to in the 1945 Constitution of the Republic of Indonesia and one of the elements that must be realized by the government. One of the efforts to improve the quality of health both individuals and community groups by means of health services. The rapid advancement of technology has a positive and a negative impact, especially in the health sector. In addition to increasingly advanced tools, there are also online health services through the internet or online media which are often called Telemedicine. This study aims to analyze the juridical basis for doctors who perform online health services and physician responsibilities when negligent in the practice of health services to patients through telemedicine. Normative legal research is a type of research used. Approach to the concept and laws used. The technique of tracing legal materials uses document study techniques. The results showed that the legal basis for telemedicine was Article 42 by not forgetting the Good faith principle as the basis for its implementation. In the case of negligence the doctor in telemedicine responsible is the organizer of the system, explicitly stated in Article 15 of the ITE Law.     Abstrak Kesejahteraan umum merupakan cita-cita bangsa Indonesia sebagaimana dimaksud dalam Undang-Undang Dasar  Negara Republik Indonesia 1945 dan salah satu unsur yang harus diwujudkan oleh pemerintah. Salah satu upaya untuk meningkatkan kualitas kesehatan baik perorangan maupun kelompok masyarakat  dengan cara pelayanan kesehatan. Kemajuan ilmu teknologi yang kian pesat memberikan dampak yang positif dan juga dampak negatif khususnya pada bidang kesehatan. Selain dengan alat-alat yang semakin maju terdapat juga pelayanan kesehatan secara online melalui internet atau media online yang sering disebut Telemedis. Penelitian ini bertujuan menganalisis landasan yuridis bagi dokter yang melakukan pelayanan kesehatan online dan tanggung jawab dokter apabila lalai dalam praktik pelayanan kesehatan terhadap pasien melalui telemedicine. Penelitian hukum normatif merupakan jenis penelitian yang digunakan. Pendekatan dengan kosnep dan perundang-undangan yang digunakan. Teknik penelusuran bahan hukum menggunakan teknik studi dokumen. Hasil penelitian menunjukkan dasar hukum pelayanan kesehatan secara telemedicine ialah Pasal 42 dengan tidak melupakan Asas Itikad Baik sebagai dasar dalam pelaksaannya. Dalam hal kelalain dokter dalam telemedicine yang bertanggung jawab adalah penyelenggara sistem, secara eksplisit dinyatakan dalam Pasal 15 UU ITE.

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