The Employment Cluster of Omnibus Law: Embodiment the Concept of Nachtwakerstaat or Welfarestate?

The presence of the omnibus law of the Employment Cluster of Job Creation Law haven’t consider to solve the crucial problems in the Manpower Law, but its further away from the purpose of the welfarestate concept and leads to the purpose of the nachtwakerstaat. The aims of this research to determine position omnibus law of the Job Creation Law after it’s passed within in the scope of welfarestate concept or nachtwakerstaat concept and to analyse the construction of labour law concept in accordance to concept of welfarestate in the future. This research used a normative legal research method with a statute approach and elaborated with a legal concept analysis approach. The results show there are crucial problems in the Employment Cluster of the Job Creation Law such as the elimination of several principal provisions in Manpower Law that indicates the role and presence of the state in labour law is getting minimum and also the Job Creation Law point out many things that returned the agreement mechanism by the parties. This show that, Employment Cluster of the Job Creation Law tends to the nachtwakerstaat concept and far away from welfarestaat concept. The solutions of the issues by doingrevision to the Employment Chapter of the Job Creation Law by adjusted the welfarestate concept, alsorestore and strengthen the function of the government as a part of industrial relations as a regulator and supervisor

Social Sanction: Naked Parade and Vigilantism as Legal Violation Criminal Law Perspective and Human Rights

Naked parade and vigilantism are social sanctions or informal sanctions imposed by the community for acts deemed contrary to the local community's norms. These sanctions include vigilante action, which breaks the law. This paper aims to explain social sanctions (naked parade) from a legal perspective, particularly studied from human rights and criminal law. The study uses a normative approach so that the data sources include legal documents, references, and journals relevant to the problem being studied. The data analysis using consists of human rights principles and criminal law. The study results show that naked parade and vigilante as social sanction contradict human rights principles (liberty, non-discrimination, dignity, humanity, and equity). This act is also a criminal act, considering that the criminal law functions to protect the legal rights of individuals, the community, and the state. There is no explicit formulation of naked parade in the Penal Code (KUHP) or regulations outside the Penal Code. It is necessary to formulate it explicitly as an act that can be punished.

The Implementation of Well-Known Trademarks Doctrine in Indonesian Commercial and Supreme Court

The implementation of well-known trademark in indonesia is still unsatisfying especially for foreign trademarks since many foreign trademarks that claimed themselves as well-known trademarks were not admitted for the trademarks were not yet registered or based on judges assessment, not fulfilling the criteria. This research aim is to analyse the implementation of well-known trademarks doctrine in Indonesian commercial and supreme court. The method used is normative-juridical with statute and case study approach. The result shows that the commercial and supreme court have used the criteria of well-known trademarks as stipulated in Law no. 20 Year 2016 and Permenkumham no. 67 Year 2016 as well as WIPO Joint Recommendation in identifying a well-known trademark. However, the implementation is inconsistent. it is inconsistent because in one case (STARCO case), court prior to the first to file principle while in other case (Alexander Mcqueen case), court admit the trademark as a well-known trademark though it is not registered yet. The second case is coherence with the well-known trademark doctrine which the idea to protect a high reputed trademark even it is not registered. Secondly, the emptiness of the detailed criteria has made the judgement on well-known trademarks becomes widely opened for interpretation. Thus, the next convention and regulation must set aside the first to file principle and prior to the criteria only in identifying a well-known trademark. Moreover, the criteria of minimum number of registration or application should be revised by requiring the trademark to be registered or applied in at least 6 out of 10 countries with the biggest population in the world so that it is proven that the trademark is exist among the most world population. In addition, the standard level of legal enforcement must entail minimum two verdicts so that the enforcement has obtained a re-confirmation.

Characteristics of Financial Technology as Financing Alternative Capitalization of Medium Small-Medium Enterprises (MSME)

Characteristics of Financial Technology as a Financial Institution that uses information technology to provide financial solutions by prioritizing compliance with the principles of prudence and risk management. The characteristics of Financial Technology institutions are getting a loan quickly; Makes Payment Easier; Make Loan Payments without Additional Fees. Peer to Peer Lending (P2P lending) system in providing financial services is done through information technology based. The financial services institution Peer to Peer Lending (P2P Lending) is a financial technology financial institution (Fintech). Financial Technology (Fintech) as a Literacy Source for Financing Micro, Small and Medium Enterprises; Financial Technology (Fintech) As a Facilitator in MSME Development; Financial Tecnology (Fintech) as a driver for Micro, Small and Medium Enterprises to Increase National Financial Inclusion. The Role of the Financial Services Authority (OJK) and the Indonesian Joint Funding Fintech Association (AFPI) As Regulations and Oversight of Financial Technology Institutions (Fintech) in Indonesia.

Review of Syaria Economy Disputes in Religious Courts within the Perspective of Small Claims Court (SCC)

One of the absolute competencies of the Religious Court revolves around resolving sharia economy disputes. Quick, simple and inexpensive principles of the court must persist within Religious Court procedures, such as in sharia economy disputes relating to business disputes as regulated in Supreme Court Decree No. 14 of 2016 on Procedures in Sharia Economic Disputes. The solution in this way should be able to speed up commercial Shia dispute, but in fact, various obstacles were found. This article reviews the resolution of sharia economy disputes in Religious Court within the perspective of Small Claims Court implied through SC Decree No. 14 of 2016, along with the possible issues of Small Claims Court in Religious Court procedures. This research was conducted with a normative approach. Juridically SC Decree No. 14 of 2016 conforms with SC Decree No. 2 of 2015, now replaced with SC Decree No. 4 of 2019, permits parties to resolve certain nominal claims through a quicker dispute settlement procedure. Judges participate actively throughout the dispute resolution as Small Claims Court provides flexible interaction within formal courts. In practice, limitations such as the amount of sharia economy certified judges show that sharia economy cases are better resolved through standard procedure within the Civil Court. Other limitations, such as the insufficient electronic court (e-court) systems, limit dispute resolution capacity with further substantial limitations such as executorial clauses that are not yet regulated and can take more than 25 (twenty-five days).

Meaning and Follow Up of Positive Fictional Decisions According to the Government Administration Law

After enacting the Government Administration Law, there have been positive fictitious decisions, which are contrary to the negative fictitious decisions stipulated in the Administrative Court Law. It has led to an inaccurate understanding in some of the general public that a positive decision is the final form of a request from the public to a government agency or official being granted a decision and/or implementation of government action. This research uses normative legal research methods using a statutory approach and literature study. This study explains that the existence of positive fictional decisions does not necessarily eliminate the existence of negative fictional decisions.

Health Workers' Legal Protection Policy to the Coronavirus Disease 19 (Covid-19) Containment Measures

This research aims to analyze protection policies for health workers amidst COVID-19. Through statute approach and based on the rights theory, this study examines legal development, or legal framework is needed to formulate and to protect health worker. Since the COVID-19 outbreak spreads quickly and massively, Health worker is at the forefront of handling COVID-19, but they are also vulnerable to get infected by the virus. Some cases showed that many health workers tested positive after providing health services. The findings of the research showed that the right of medical workers to get personal protective equipment and safety guarantees were not enough to protect them. On the other hand, the community was still ignoring the risk of this disease and broke the health protocol in the public place. Health workers can perform their job effectively if people are in healthy condition and do not need to go to the hospital. To containment measures of the COVID-19 State has to choose one of the effective ways to protect people and health workers by regulating and giving a penalty to the perpetrators of the COVID-19 protocol.

Street Children Phenomenon in Makassar City : A Criminological Analysis

The presence of children who live on the streets has caused concern in various cities in Indonesia, especially Makassar, South Sulawesi. Lack of education, decent life, and government attention trigger street children to do unlawful acts, such as drugs and drinking. From a criminological perspective, the phenomenon of street children can be explained using the social learning theory. Social learning theory is a convergence between differential association theory with general behavioural principles, which in this theory explains that criminal behaviour can be obtained from environmental influences. There is a reciprocal interaction that directs a person’s behaviour. This study aims to determine the description of street children’s existence in the city of Makassar, analyse the factors that cause the phenomenon of street children, and determine the prevention of street children. The research method uses a type of qualitative research sourced from the various scientific literature. This study indicates that the phenomenon of street children is a warning signalling the need for social development and poverty eradication policies to improve the situation on the broader community and prevent more young people from becoming marginalised. Every child must be protected according to United Nations Children’s Fund and also has been regulated in Regional Regulation No. 2 of 2008 concerning the Development of Street Children, Homeless, Beggars and Buskers in Makassar City

The Outbreak of Covid-19 as an Overmacht Claim in Credit Agreements

This research aims to determine and analyze the law consequences of overmacht in credit agreements due to the Covid-19 Pandemic and as legal remedies for settlement of the credit agreement due to the Covid-19 Pandemic. This research is socio-legal research, a combination research method between doctrinal law research methods and empirical legal research methods. This research was conducted in banking institutions and financing institutions in Ambon City, namely at Bank Mandiri Ambon Branch Office, BCA Ambon Branch Office, Bank Artha Graha Ambon Branch Office, and BFI Limited Company Ambon Branch Office. The types of research data are primary data and secondary data, obtained through literature study and interviews. Based on the results of the research, the Covid-19 Pandemic is a non-natural disaster, so it is categorized as a relative overmacht, so the result of the comparative overmacht law in the credit agreement due to the Covid-19 Pandemic in Ambon City has not changed the risk burden in the sense that the Debtor still fulfills their achievements after the outbreak of Covid - 19 Pandemic is over. The legal effort that can be taken to settle credit agreements due to Covid-19 Pandemic in Ambon City is through credit restructuring in the form of lowering interest rates, extending the period, reducing principal arrears, and reducing interest arrears as determined by the government to be implemented by the bank or financing institutions with debtors.

Why Indonesia Maintain Capital Punishment?

The death penalty in Indonesia is still maintained to combat crime within the Indonesian criminal law reform. Although many states have it removed, Indonesia would have the sole discretion to keep it. Despite the opposition, the death penalty application still has a juridical and sociological basis, so it is still legal to be maintained. Indonesia itself has overshadowed the death penalty with a form of legality according to international law so that the position of Indonesia that still maintain the death penalty cannot be blamed. Moreover, sociologically, Indonesian people still accept those who commit an offence who may have profound implications that could lead to the death penalty. This issue is what became the basis for lawmakers in Indonesia to keep it. This research uses the doctrinal method toexamine various regulations regarding capital punishment and non-doctrinal to understand the community's situation related to the existence of capital punishment in Indonesia. The death penalty is a more effective deterrent and therefore prevents crime better. With the death penalty, others were about to commit a similar crime is expected not to commit the crime. The death penalty is more effectively immobilizing offenders. Perpetrators, in principle, still manage to have the desire to commit the crime again after release. The death penalty for perpetrators of crimes is not a violation of human rights, but rather to respect human rights itself, namely for victims of crime. The setting and the application of the death penalty in Indonesia until now is still needed. They are considering that there are still many crimes that undermine humanity's values or the crimes that harm the State and crackdown on corruption in society.