ESTABLISHMENT OF A SOVEREIGN WEALTH FUND THROUGH INVESTMENT MANAGEMENT INSTITUTION IN REALISING OPTIMISATION OF FOREIGN INVESTMENT

Investment can encourage the acceleration of a country's development. Foreign investment improve country's economy either with partial or complete control by the asset owner or depending on international agreements used in determining the scope of investment. However, several factors hinder the entry of foreign investment in Indonesia. To overcome this, government with parliament through Law Number 11 of 2020 concerning Job Creation emphasise the legal politics of forming a quo law-oriented towards improving the investment climate in Indonesia, one of which is the establishment of the Indonesian Sovereign Wealth Fund (SWF) under the name Investment Management Institution or Lembaga Pengelola Investasi (LPI). The purpose of this study is to see how the government's political will in attracting foreign investment is through the establishment of Law Number 11 of 2020 concerning Job Creation and the legitimacy of using the SWF model in the Investment Management Institute (LPI). This research uses a combination of juridical-normative and comparative case study methods. The juridical-normative method is carried out by identifying library materials. Through the comparative case study method, the research will analyse the formation and concept of SWF in India and Russia. This study found that, the LPI plays a vital role in infrastructure financing on national strategic projects and can encourage increasing national foreign exchange. Also, the exact source of institutional funds originates from foreign investors as in the Indian and Russian state mechanisms.

THE LAWS PROTECTING CHILD WITNESSES IN GIVING EVIDENCE: HARMONIZATION BETWEEN MALAYSIAN LAWS AND AS-SHARIA

Since issues of child abuse and other crimes against children have been brought to the public's attention through the media, this article considers to highlight one of the issues relating to the protection of child. The issue of the laws protecting child witnesses in giving evidence will come into the discussion. This paper considers the issue of corroboration of the child witness in the aspects of sworn and unsworn statements to determine whether the evidence given by children will be relevant and admissible in Courts. In tackling the issues, the research methodology applied by the authors is by analyzing and evaluating the decided cases and studying the substantive laws procedure in protecting child witnesses in giving testimony in Courts. The expectation findings of this paper are to harmonize between Malaysian and Islamic law relating to the protection of child witnesses in giving evidence in the court of law. After having observed the conflicts or the problems that had stem out of the current laws and procedures governing child witnesses as to the remedies, the final part of the article proposed some solutions and recommendations from the Islamic point of view.

LAND DISPUTE SETTLEMENT POST LAW NO. 2 OF 2012; GLAGAH VILLAGE CASE STUDY RELATED TO NYIA AIRPORT

The location for the New Yogyakarta International Airport (NYIA) construction involved in land disputes during the land acquisition process. The land acquisition will always lead to disputes or conflicts with the affected people. It is even more complicated if, in the development process, the ruling elite intervenes, external forces outside the local community that are not directly related to the development. This article deals with the question of the government's public perceptions of the legal polemic of land dispute settlement based on Law No.2 of 2012, and concentrates to examine a new model of land dispute resolution from the perspective of affected communities against NYIA. This research is normative-empirical based on primary and secondary data, namely a literature study, field study, using purposive sampling with interviews, FGD, observation, and qualitative descriptive analysis. The result showed the failure of formal litigation and non-litigation approaches offered by Law No.2 of 2012 to resolve the disputes fairly. Village discussions based on local wisdom as a new model for equitable land dispute resolution needs a political review of Law No. 2 of 2012. The new paradigm of agrarian reform must be based on customary law and local wisdom values in the 1945 Constitution and the Agrarian Law. Given recent controversies concerning land disputes, a law on reform and structuring the national agrarian structure, Agrarian conflict resolution law, and law of natural resources management for the community are urgently needed.

THE DOCTRINE OF PIERCING THE CORPORATE REVIEW IN THE COURT DECISION NO. 656/PDT.G/2015/PN.MDN

Limited Liability Company (Ltd.) or Perseroan Terbatas (PT) is a legal entity in Indonesia that constitutes a capital alliance formed by an agreement that features a limited liability principle. Limited liability is a principle that limits the responsibility of shareholders to the risk of the Company. However, the principle of limited liability is frequently misapplied, as shareholders look for ways to protect themselves from the risk of more significant losses, to take advantage of all company profits for personal gain. Shareholders who abuse the principle of limited liability for personal gain, on the other hand, will be subject to the Piercing the Corporate Veil doctrine. This doctrine imposes the transfer of liability for personal losses to shareholders who cause harm to the company in bad faith. Based on this understanding, this paper seeks to comprehend the application of the Piercing the Corporate Veil doctrine by analyzing Medan District Court Decision Number: 656/Pdt.G/2015/PN.Mdn. The research method used in this study was normative legal research reviewed with a statute approach and a conceptual approach. The conclusion drawn from the problem is as follows: the regulation regarding the Piercing the Corporate Veil doctrine is borne not only by shareholders but also by the Board of Directors and the Board of Commissioners who fail to implement the principles of fiduciary duty of skill and care. Furthermore, in the case of 656/Pdt.G/2015/PN.Mdn, the judge considered the provisions of Article 3 paragraph (2) of the UUPT in implementing the Piercing the Corporate Veil Doctrine by punishing the Defendants jointly and severally to indemnify the Plaintiff.

LEGAL CERTAINTY OF THE DEED OF AGREEMENT MADE BY A NOTARY BASED ON THE POWER TO SELL (CASE STUDY CASE NUMBER: 41/PDT.G/2016/PN.PA)

Default is an omission or negligence, breaking a promise, or violating what has been agreed. One example of an engagement default is case number: 41/Pdt.G/2016/PN.PA. This case began with an agreement between Indoria Hi. The Mpasu brothers were represented by Alfian Chaniago as the authority holder with Lang Hartoyo and Rizal Tjahyadi through a letter of the agreement made by notary XX. Indoria Hi. The Mpasu brothers were unwilling to fulfill the agreement's contents and decided to cancel the agreement unilaterally because they felt they were never involved in the agreement. Based on the case above, a further question arises about how to guarantee legal certainty for authentic deeds and the consequences of the legal deed of agreement that does not follow the procedure. This study is normative legal research, which examines aspects of written law. The approach to the problem in this study is normative juridical, that is, it is based on applicable laws and regulations. In conclusion, the binding deed of the agreement made before a notary does not always go as expected. An authentic deed that does not meet formal requirements is considered imperfect, so it does not have an element of legal certainty. The legal consequence of the deed of the agreement under the power of attorney to sell that is not following the procedure is that the agreement will be null and void.

THE POLICY MODEL OF DIGITAL-BASED MICRO-BUSINESS ASSISTANCE FOR ECONOMIC RECOVERY DURING THE PANDEMIC

Micro-businesses have an essential role in driving an economic revival in Indonesia. However, they are particularly vulnerable during the pandemic. The COVID-19 pandemic has significantly impacted the long-term viability of micro, small, and medium-sized enterprises (MSMEs) in the financing, production, distribution, and market demand. This paper argues that an assistance policy model for micro-businesses accelerating the economy during a pandemic is needed. It also raises the question of how government policies in developing micro-businesses. The library method, which relied on secondary data, was used to conduct the research. The result suggests that the ideal assistance model policy for MSMEs in accelerating the regional economy is by using platform-based digital technology so that the flexibility of purchasing raw materials to sales can be integrated into one and reach all consumers around the world. Government policies in developing MSMEs in the new normal era include launching the National Economic Recovery Program, as mandated by Government Regulation Number 23 of 2020, implementing stimulus programs for MSMEs such as interest subsidies and restructuring.

LAW ENFORCEMENT ANALYSIS REGULATIONS FOR USING TELEPHONE WHILE DRIVING AGAINST ONLINE OJEK IN BANDAR LAMPUNG

Road users other than online public transportation must also be given legal protection and together enjoy the convenience of traffic facilities. Drivers are required to concentrate while driving a vehicle. This is regulated in Law Number 22 of 2009 concerning Road Transportation Traffic, Article 106 that everyone driving a motorized vehicle on the road is obliged to drive his vehicle fairly and with full concentration. The observations made were that attaching a communication device to online public transportation proved that the telephone was used while driving a vehicle. Communicating by telephone while driving a vehicle will cause an accident that will harm other road users. This study discusses the regulations for using the telephone while driving against online motorcycle taxis and law enforcement analysis the regulations for using the telephone while driving against online motorcycle taxis in Bandar Lampung. The results showed the telephone regulations while driving to online motorcycle taxis in Bandar Lampung were Permenhub No. 12 of 2019 Article 4, Article 6, Article 17, Article 18, and Article 19. The results of the analysis of law enforcement on the use of telephones while driving in the form of online motorcycle taxis to contact consumers on their way to the location 3 (three) times, namely 32% (thirty-two per cent) and the intensity of online motorcycle taxis to contact consumers more than 3 (three) times, namely 27% (twenty-seven percent). The analysis data has proven that the intensity of contacting passengers is very much done while driving. Online motorcycle taxi drivers do not obey the rules because they communicate more by telephone while driving.

ANALISIS PERBANDINGAN KASUS RAHASIA DAGANG (STUDI KASUS:PUTUSAN NOMOR 332 K/PID.SUS/2013 (INDONESIA) DENGAN PUTUSAN CIV. NO. 3:13-CV-00098-AA (AMERIKA SERIKAT).

Penelitian ini bertujuan untuk memberikan pengetahuan bagaimana masing-masing negara dengan sistem hukum yang berbeda memutus sebuah perkara rahasia dagang. Penelitian ini menggunakan analisis normatif di mana pengertian hukum normatif ini sendiri adalah penelitian terhadap asas-asas hukum, penelitian terhadap sistematika hukum, penelitian terhadap taraf sinkronisasi hukum, penelitian sejarah hukum dan penelitian perbandingan hukum di mana pada penelitian ini peneliti melakukan perbandingan analisis kasus antara CV. Bintang Harapan dengan CV. Tiga Putra Berlian VS Reser’s Fine Foods, INC dengan Bob Evans Farms, INC. Kesimpulan yang didapatkan pada penelitian ini mampu menganalisis perbedaan rahasia dagang antara Indonesia dan Amerika Serikat serta mampu memberikan solusi terkait dengan perjanjian kerahasiaan karyawan dan mitra merupakan yang dalam hal ini merupakan suatu hal yang penting di negara Amerika Serikat sehingga hal ini dapat diterapkan dalam kasus CV. Bintang Harapan dengan CV. Tiga Putra Berlian yang tidak memiliki perjanjian kerahasian dengan karyawan, begitu juga sebaliknya untuk kasus Reser’s Fine Foods, INC dengan Bob Evans Farms, INC yang dapat dilihat dari sisi kasus CV. Bintang Harapan dengan CV. Tiga Putra Berlian adalah berkaitan dengan pembuktiannya

LEGAL REVIEW OF CONSUMER LAW PROTECTION ON PERSONAL DATA ON DIGITAL PLATFORM

Legal protection for consumers must be considered because the existence of consumers is prone to fraud. Personal consumer data protect one form of legal protection for consumers in conducting transactions with business actors, both domestic and foreign transactions. With the times at this time, consumer data that exists on business actors, both in the form of state-owned enterprises or business actors in the private form, is a lot of consumer data that these business actors trade and this consumer data is widely known. The problem studied is how the consumer’s legal protection of personal data on digital platforms. Research methods are using normative research methods, namely by explaining the issues and views of consumer legal protection of personal data on existing legal regulatory, digital platforms. The results illustrate that for now, consumer legal protection of personal data on digital platforms still refers to several laws and regulations in Indonesia. The government is also preparing a Draft Law on Personal Data Protection, which will become lex specialis. For the protection of personal consumer data in Indonesia related to personal data on digital platforms.

LEGAL RESPONSIBILITY ANESTHESIA ADMINISTRATOR IN THE HEALTH SERVICE

Good, quality and quality health services are one of the basic needs that everyone needs. Therefore, in the health world, the authority of anesthetist administrators within the scope of anesthesia services is direct, mandated, and collaborative where the mandate obtained from anesthetist administrators is not only from specialist doctors but also from the Government, as regulated in Article 14 Paragraph (1) and Paragraph (2) Ministry of Health Regulation No. 18 of 2016 concerning Licensing and Implementation of Anesthesia Administrator Practices. Now the delegation based on government assignments is carried out if there is no anesthetist in an area. The authority falls to the anesthetist in that area who has received training. This study aims to determine how the legal responsibility of anesthesia administrators in health services. The method used in this research is juridical normative, which examines legislation (statute approach) by examining all relevant regulations or statutory regulations and looking at the facts in the field. The research approach used is qualitative. This study's results indicate that anaesthesia services' general responsibility lies with anaesthetists in the practice of anesthesia services. What needs to be considered in the delegation of tasks from doctors to nurses is that the primary responsibility remains with the doctor who gives the assignment, nurses also have executive responsibility, delegation can only be carried out after the nurse has received sufficient education and competence to receive the delegation, delegation for the long term or continuously given to health nurses with special skills (specialist nurses), which are regulated by separate rules (standing orders). Anaesthetist administrators' role when carrying out health services to delegate authority according to these norms can only be performed by anaesthetist administrators who have received training.