MENAKAR PELUANG PELINDUNGAN INDIKASI GEOGRAFIS PADA BIDANG JASA DALAM KERANGKA HUKUM INDONESIA: SEBUAH DIAGNOSA AWAL

The protection of geographical indications in Indonesia is still limited to the goods sector, but not yet for the service sector. The purpose of this study is to analyze the opportunities for the protection of geographical indications in the service sector within the legal framework in Indonesia. This research is a doctrinal research using a conceptual and statute approachs. The results of the study can be concluded that the opportunity for protection of geographical indications in the service sector is very good with an argument consisting of 4 aspects, including the provisions of the TRIPS agreement which are open, the potential for uniqueness of the region. based services, protection through the relative geographical indications still has weaknesses, and protection through communal intellectual property (traditional knowledge) is also relatively weak. The opportunities for the protection of geographical indications are also very relevant to several legal protection theories, including: predictive and anticipatory legal protection theory, integrative and coordinative theory, and social ownership theory.

Legal Protection of Debtor in Credit Settlement with Fiduciary Guarantee

This research is based on the provisions of law No. 42 of 1999 on fiduciary, in particular in article 34, and the provisions of article 27 paragraph 3 regulation of the Financial Services Authority No. 33/POJK. 03/2018. There is a conflict of norms between debtors and creditors. The purpose of this study is to find out the legal consequences for debtors who have been voluntarily submitted to the creditor for a voluntary warranty and to find out the legal protection of a debtor who is in good faith hand over a fiduciary guarantee. The theory used in analyzing data is the theory of the Norms (Stufenbau Theorie), the theory of legal certainty and the legal protection theory. Meanwhile, the method used is normative research with a statutory approach. The result of this study showed that Financial Services Authority Regulation Number 33 /Pojk.03/2018 Regarding Quality of Earning Assets and Formation of Allowance for Earning Assets of Rural Credit Banks, regulating the issue of Collateral Foreclosed can be overridden or become not valid, or at least a material test by the Supreme Court. If violated, it results in being null and void. Furthermore, based on legal protection theory, that Article 15 paragraph (2) of Law Number 42 Year 1999 does not provide legal certainty and justice for debtors.

New Clause in Bank Credit Agreement in Relation to Consumer Protection Act

The importance of banking institutions’ existence in one side provide very high risk for banks and in the other side provide profit for public as fund user’s clients. Standard contract circulating in public seen from viewpoint of many parties is still detrimental with clauses presence in the contract. The content of standard contract in general is biased because it tends to benefit the contract maker. The standard contract if seen from the legal side is still being debated in terms of principles and validity requirement of an agreement. The inclusion of this clause shows the strength of creditor’s position which actually already strong despite without the inclusion of this clause. In banking practice, it is found in credit granting by bank the inclusion of unilateral terms which states that “the bank at any time is allowed to change the interest rate beforehand” in the contract that has been standardized previously by the bank. Credit agreement in standard form which is being made unilaterally by the bank until present is still becoming a special legal issue in agreement field of civil law. In addition, viewed from the side of the agreement it is also against consumer protection law as set in Consumer Protection Act. Problem formulation of this thesis is divided into namely regarding the existence of standard clause in bank agreement if associated with Article 18 of Consumer Protection Act and legal consequence of standard clause in credit agreement associated with consumer protection. The research in this thesis is Juridical empirical. The author is guided by laws and regulations related with public fact, that is first problem formulation is analyzed from balancing principle and next the second problem formulation is from consumer protection theory.

New Clause in Bank Credit Agreement in Relation to Consumer Protection Act (Study on PT. Bank Negara Indonesia, Tbk. Denpasar Branch)

Credit agreement in standard form which is being made unilaterally by the bank until present is still becoming a special legal issue in agreement field of civil law. In addition, viewed from the side of the agreement it is also against consumer protection law as set in Consumer Protection Act. Problem formulation of is divided into namely regarding the existence of standard clause in bank agreement if associated with Article 18 of Consumer Protection Act and legal consequence of standard clause in credit agreement associated with consumer protection. This study aims to identify the presence of standard clause in banking agreement if related with Article 18 of Consumer Protection Act and legal consequence to the standard clause in credit contract is associated with consumer protection. The research is a juridical empirical. The location is on PT. Bank Negara Indonesia in Denpasar city. The author is guided by laws and regulations related with public fact, that is first problem formulation is analyzed from balancing principle and next the second problem formulation is from consumer protection theory. The result shows that the implementation of the provision tends to protect the bank as businesses. Moreover, the legal consequence of Bank BNI’s credit contract which does not meet the provision will result in null and void.

New Clause in Bank Credit Agreement in Relation to Consumer Protection Act (Study on PT. Bank Negara Indonesia, Tbk. Denpasar Branch)

Credit agreement in standard form which is being made unilaterally by the bank until present is still becoming a special legal issue in agreement field of civil law. In addition, viewed from the side of the agreement it is also against consumer protection law as set in Consumer Protection Act. Problem formulation of is divided into namely regarding the existence of standard clause in bank agreement if associated with Article 18 of Consumer Protection Act and legal consequence of standard clause in credit agreement associated with consumer protection. This study aims to identify the presence of standard clause in banking agreement if related with Article 18 of Consumer Protection Act and legal consequence to the standard clause in credit contract is associated with consumer protection. The research is a juridical empirical. The location is on PT. Bank Negara Indonesia in Denpasar city. The author is guided by laws and regulations related with public fact, that is first problem formulation is analyzed from balancing principle and next the second problem formulation is from consumer protection theory. The result shows that the implementation of the provision tends to protect the bank as businesses. Moreover, the legal consequence of Bank BNI’s credit contract which does not meet the provision will result in null and void.

the Penggunaan Prinsip Konstitutif Pada Merek Dalam Perspektif Teori Pelindungan dan Tujuan Hukum

This study discusses the use of constitutive principles (first to file) on brands based on Act No. 20 of 2016 concerning Trademarks and Geographical Indications in the perspective of protection theory and legal purposes. Research methods used: normative juridical approach, by examining library materials or secondary data through primary legal materials (legislation), secondary legal materials (opinions of legal experts), and tertiary legal materials (dictionaries and other sources); descriptive analysis research specifications; and data analysis is done in a qualitative normative manner. The results of the study showed: (1). The theory of protection that is in accordance with the basis for consideration is issued Law No. 20 of 2016 concerning brands in point a is Public Benefit and Economic Growth Stimulus Theory. But in its implementation, it must be supported by other brands of legal protection theory, namely Reward Theory; Recovery Theory; Incentive Theory; and Risk Theory. (2). The use of constitutive principles (first to file) in brands reflects the legal objectives of "certainty" and means of social change but does not pay much attention to aspects of "fairness" and expediency. "

Nursing approaches and their effect on the health of elderly with COVID-19

This review aims to discuss the protection and appropriate nursing methods for managing COVID-19 in elderly. This is a narrative review study. The increase in the elderly population worldwide and the higher prevalence of comorbid diseases in this group, the elderly are particularly at a high risk during this pandemic. Nurses are involved in follow-ups and care as well as in primary, secondary and tertiary health services for the elderly. The disease has adverse effects on the physical health of elder individuals who have a weak immune system, limited activity, and difficulty in taking adequate nutrition. Conditions such as an inability to cope with stress, weakness, and hopelessness adversely affect psychological health. Furthermore, conditions such as loneliness, being away from loved ones, stigmatization, and abuse adversely affect social health as well. Nursing theorists such as Nightingale, Orem, Rogers who have significantly contributed to this discipline, have explained the relationship between the elderly and the environment, self-care, energy field, stress-coping methods, adaptation process, and spiritual care during a pandemic. Nurses have a significant role and responsibility in preventing the transmission of the virus, treating and caring for the infected elderly, and providing post-discharge rehabilitation. Keywords: COVID-19, elderly, nursing, protection, theory

KARAKTERISTIK ASAS KEPENTINGAN (INSURABLE INTEREST) DALAM PERJANJIAN ASURANSI

Benda asuransi erat hubungannya dengan teori kepentingan (interest theory) yang secara umum dikenal dalam hukum asuransi. Kepentingan itu harus sudah ada pada benda asuransi pada saat asuransi diadakan atau setidak-tidaknya pada saat terjadi peristiwa yang menimbulkan kerugian (evenemen). Problematika yuridis dalam penelitian ini adalah belum adanya penjelasan terkait asas kepentingan dalam Undang-Undang No. 14 Tahun 2014 tentang Perasuransian (kekosongan norma), sehingga tidak terdapat standarisasi tentang asas kepentingan beserta karakteristiknya. Untuk menemukan jawaban atas permasalahan dalam penelitian ini, maka peneliti akan mempergunakan teori-teori hukum tertentu sebagai landasan untuk menganalisanya. Teori itu meliputi; Teori Perlindungan Hukum, Teori Kepastian Hukum, Teori Investasi, dan Teori Asuransi. Metode pendekatan yang digunakan adalah bersifat yuridis normatif. Penelitian ini menggunakan 4 macam pendekatan, yakni pendekatan perundang-undangan (statute approach), pendekatan konseptual (conseptual approach), pendekatan kasus (case approach), dan pendekatan perbandingan (comparative approach). Penelitian ini bersifat deskriptif analisis, deskriptif berarti usaha mengemukakan gejala-gejala secara lengkap di dalam aspek yang diselidiki agar jelas keadaan dan kondisinya. Menurut teori kepentingan (interest theory) pada benda asuransi melekat hak subjektif yang tidak berwujud. Kepentingan itu sifatnya absolut, artinya harus ada pada setiap objek asuransi dan mengikuti kemana saja benda asuransi itu berada. Kepentingan itu harus sudah ada pada benda asuransi pada saat asuransi diadakan atau setidak-tidaknya pada saat terjadi peristiwa yang menimbulkan kerugian (evenemen). Bagi tertanggung yang memiliki benda asuransi, kepentingannya melekat pada benda asuransinya. Pada konteks perjanjian asuransi, maka dalam mencapai kepentingan berdasar keadilan dan kemanfaatan tidak dapat hanya berdasar keuntungan penanggung, melainkan kemanfaatan berupa kesempatan bagi pihak yang seharusnya bisa jadi tertanggung demi kesetaraan.Kata kunci: Asas Kepentingan, Karakteristik, Asuransi Object insurance is closely related to the theory of interest (interest theory) which is generally known in insurance law. The interest must already exist in the insurance object when the insurance is held or at least when the event that caused the loss (evenemen). Juridical problematic in this research is that there is no explanation related to the principle of interest in Law No. 14 of 2014 concerning Insurance (void norms), so there is no standardization of the principle of interests and their characteristics. To find answers to problems in this study, the researcher will use certain legal theories as a basis for analyzing them. The theory includes; Legal Protection Theory, Legal Certainty Theory, Investment Theory, and Insurance Theory. The approach method used is normative juridical. This study uses 4 kinds of approaches, namely the statute approach, conceptual approach, case approach, and comparative approach. This research is a descriptive analysis, descriptive means an attempt to express the symptoms in full in the aspects being investigated to make it clear the conditions and conditions. According to the theory of interest (interest theory) on insurance objects inherent in intangible subjective rights. The importance is absolute, meaning that it must exist in every insurance object and follow it wherever the insurance object is located. The interest must already exist in the insurance object when the insurance is held or at least when the event that caused the loss (evenemen). For the insured who has insurance objects, their interests are inherent in the insurance object. In the context of insurance agreements, in achieving interests based on justice and benefits, it cannot only be based on the profits of the guarantor, but rather benefits in the form of opportunities for those who should be insured for equality.Keywords: Principle of Interest, Characteristics, Insurance