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Published By Fakultas Hukum Universitas Pattimura

2614-2961, 1693-0061

SASI ◽  
2021 ◽  
Vol 27 (4) ◽  
pp. 532
Author(s):  
Didik Irawansah ◽  
Wardah Yuspin ◽  
Ridwan Ridwan ◽  
Nasrullah Nasrullah

The growth of Fintech in Indonesia is very rapid, this condition is directly proportional to the legal problems that arise, the legal policy of regulation and protection of Fintech is still focused on the OJK, while the OJK still has many weaknesses in the implementation of supervision and protection of fintech activities, especially in the era of the covid pandemic. -19. The purpose of this study, first, by outlining the legal regulations issued by Bank Indonesia and the Financial Services Authority regarding fintech in Indonesia by looking at the legal weaknesses so that it is important to establish the Fintech Law. second, the urgency of the establishment of a fintech law on fintech consumer protection in Indonesia. Meanwhile, the importance of this research is that it will explain the development of the fintech industry in Indonesia, especially during the Pandemic, where the fintech industry experienced significant development so that this is an idea to provide a clear legal framework for the fintech industry. The research method used is normative juridical using library data and observations of fintech developments through library studies. Research findings show that so far fintech in Indonesia has used regulations contained in the POJK and PBI as the basis for implementing fintech, although it is felt that the regulations issued by POJK and PBI have not been able to provide maximum legal protection for the implementation of the fintech industry. so it is necessary to establish a law in order to provide legal protection for the development of the fintech industry now and in the future.


SASI ◽  
2021 ◽  
Vol 27 (4) ◽  
pp. 504
Author(s):  
Nury Khoiril Jamil ◽  
Robiatul Adawiyah ◽  
Rumawi Rumawi

Every company has a social responsibility. There are measurements of social responsibility that are carried out to achieve usefulness, one of which is Islamic banking. Although Islamic banking is only considered a labeling issue. However, with the role of DPS which is realized through CSR, it indicates that Islamic banking contributes and is responsible for various social aspects and nation building as a common goal as stated in the 5th principle of Pancasila. This study aims to determine the authority of the Sharia Supervisory Board (DPS) as mandated in laws and regulations and the implications for the realization of Corporate Social Responsibility (CSR) in Islamic banking. This research method is normative juridical, with a statutory and conceptual approach that refers to legal doctrines. The results of the study indicate that DPS has an important role in preventive efforts for activities in Islamic banking as well as the actuality of social responsibility that is realized through CSR.


SASI ◽  
2021 ◽  
Vol 27 (4) ◽  
pp. 516
Author(s):  
Suparto Suparto

The government system in post-reform Indonesia is a presidential system with many parties. The advantage of this system is that it is more democratic because many parties are considered to accommodate the wishes and interests of people from various backgrounds through political parties, while the weakness is that it is difficult for the ruling party if it is not in the majority. The purpose of this study was to determine the implementation of a presidential system of multi-party governance in post-reform Indonesia. The results of the study are that in a presidential government system with many parties (multi-party system) such as in Indonesia, it will cause problems if no political party wins the election with a majority vote, the President must build a coalition with a number of political parties that have representatives in the House of Representatives (DPR). DPR). Since the holding of the 1999 and 2004 elections, there have been efforts to simplify political parties, by reducing the number of election participants through the electoral threshold and then changing since 2009 to reducing the number of political parties that may sit in parliament by using the minimum threshold requirement (parliamentary threshold). However, this method has not been successful because there are still relatively many political parties sitting in parliament, this is due to the parliamentary threshold that is too small. Ideally, the parliamentary threshold, which was previously 4% in the 2019 election, is raised to 8% in the 2024 election. Thus, a strong, effective and stable presidential government system with only 4 (four) to 6 (six) political parties will be realized.


SASI ◽  
2021 ◽  
Vol 27 (4) ◽  
pp. 463
Author(s):  
Muhammad Ali Masnun

The cases of trademark infringement on substantial similarity still relatively common in Indonesia. This article aims to analyze the basis for the judge's consideration in the decision Number 1146 K / Pdt.Sus-HKI / 2020. This is based on the disparity of Decision Number 69 / Pdt.Sus / Mark / 2019 / PN with Decision Number 1146 K / Pdt.Sus-HKI / 2020. This research uses doctrinal research using statute, case, and conceptual approaches. The results showed that the judges' basic considerations were not in accordance with regulations and several legal concepts. First, that the trademark protection system based on territorial territory and the first to file system principle should not be used as a basis for consideration. Second, that the two brands are basically similar because of the similarities in the dominant element and the similarity in sound or speech with the addition of the same class of goods. Third, the word "predator" cannot be categorized as a generic word, because the word predator has been added with a logo as a condition for a research, excluding generic brands. As a recommendation in deciding this matter, regarding the existence of bad faith, due to bad faith, a cancellation of a registered mark can be submitted indefinitely.


SASI ◽  
2021 ◽  
Vol 27 (4) ◽  
pp. 475
Author(s):  
Septi Nur Wijayanti ◽  
Kelik Iswandi

The political parties that emerge in Indonesia have a distinct catch-all character; they are dependent on individual figures and lack a defined socioeconomic foundation. For political parties, the regeneration process has become a struggle. Because certain political parties lack a clear regeneration system, oligarchic recruiting is a common occurrence. Religious affiliations, local links, local commonalities, and proximity to political party leaders all have a role in recruitment trends. This research aims to explain the role of the under bow of the political party on regeneration. This is a legal-normative study that relies on secondary data. The research material is divided into three categories: primary, secondary, and tertiary. The following factors, according to this study, influence political party regeneration and recruitment: 1) political dynasty has an impact on unhealthy regeneration; 2) political dowry has an impact on unhealthy competition among political party members; and 3) popularity factor has an impact on how quickly people can become political party members. Political parties' inability to recruit and regenerate has an impact on their capacity to fulfill their role as the primary source of national leadership selection. Alternative solutions to these problems include strengthening the under bow of political parties. The existence of under bow of political parties will aid in the transmission of political party doctrine. Political parties will be rewarded with the best members who will fight for their vision and goals. Furthermore, the under bow of political parties can serve as educational institutions for potential members before they join the party.


SASI ◽  
2021 ◽  
Vol 27 (4) ◽  
pp. 492
Author(s):  
FX Sumarja ◽  
Eddy Rifai ◽  
Trisnanta Trisnanta ◽  
Rodhi Agung Saputra

Provisions of Law no. 41 of 2009 concerning the Protection of Sustainable Food Agricultural Land (UU PLP2B) is basically intended to classify a certain area of land that is allowed for appropriate food agriculture activities. This research is to examine the problems of sustainable agricultural land protection after the Job Creation Act and find a solution. The research method is a normative research method with a statute approach and uses content analysis. The findings of this study are changes in agricultural land protection regulations that can cause significant shrinkage of agricultural land and threaten farmer groups for investment. The abolition of the obligation to provide replacement land for affected farmers is not profitable for the farmer, because he will lose his agricultural land. The solution is that the government in determining the location of development projects must avoid the use of fertile/productive agricultural land.


SASI ◽  
2021 ◽  
Vol 27 (4) ◽  
pp. 549
Author(s):  
Sandeep Kumar Mohanty ◽  
Soumya Prakash Patra

Illegal wildlife trade is one of the major transnational crimes. Transnational Crime, by its very nature, is problematic as it surpasses national jurisdictions, as well as the parameters of information systems and law enforcement agencies. Illegal wildlife trade networks increasingly operate like global multinational businesses, connecting local markets to the global markets through complex and interlinked networks.Against this background, CITES was entered into, multinational environmental agreement to which 183 nations are parties to it and India, being a member of CITES, in compliance with the guidelines, has enacted an umbrella of 8 legislation for the protection of wildlife in India. But despite this austere legislation, India is progressively becoming a hub of illegal wildlife trade.The illegal laundering of wild-caught animals via legal pathways is subject to increased scrutiny. It appears that illegal wildlife traders are rampantly using other covert methods to smuggle these animals into the territories of target consumer countries, such as China. Once they enter into the jurisdiction of destination countries that permit legal trade in this species, it becomes arduous for the relevant enforcement agencies to distinguish between the wild-caught and captive-bred animals.The author undertakes to carry out a comparative analysis of the existing legislation of China concerning India to understand whether the legislation is robust enough for the protection of the wildlife and how the enforcement mechanism can be strengthened for the advancement of the endangered species.


SASI ◽  
2021 ◽  
Vol 27 (4) ◽  
pp. 456
Author(s):  
Yosia Hetharie ◽  
Patrick Corputty

The spread of Covid-19 has an impact on all areas of human life universally throughout the world to all corners of the region in Indonesia, including the Southeast Maluku Regency, Maluku Province. Therefore, the government through the covid-19 vaccination program is one way to break the chain of the spread of Covid-19. This study uses a normative juridical research which is descriptive analytical through primary legal materials and secondary legal materials with literature studies. The analysis used is qualitative analysis. The implementation of the Covid-19 vaccination in Southeast Maluku Regency continues to be carried out in order to meet the national achievement target of 70%. As of early November, it was shown that in Southeast Maluku the achievement rate of Covid-19 vaccination for both the first and second doses was still below the national target of 70 percent. By not meeting the national Covid-19 vaccination achievement target in Southeast Maluku Regency, it shows that the legal awareness of the community to vaccinate Covid-19 in Southeast Maluku is still very minimal. The Southeast Maluku Regency Government needs to approach the community that is more humanistic and socio-cultural in order to provide education and good understanding for the community about the Covid-19 vaccination so as not to cause doubts in the community to vaccinate Covid-19.


SASI ◽  
2021 ◽  
Vol 27 (4) ◽  
pp. 451
Author(s):  
Lisa Mery ◽  
Andi Rahmah ◽  
Andi Sry Rezki Wulandari

This study aims to provide a clear picture of the steps (efforts) of the government of the Republic of Indonesia to provide vaccines to its people evenly and free of charge according to the standards or procedures in the Health Law which is a derivative of the constitutional mandate of the Republic of Indonesia, the research method uses normative juridical research that combines the rule of law. With law enforcement which is a regulation of the Indonesian government, the results of the study provide a perspective that various ways have been attempted by the Indonesian government to overcome the Covid-19 virus pandemic, vaccines are a continuous hope to increase immunity and immunity of community groups which will certainly have a positive impact with the release of the Indonesian state from health threats and a spike in the increase in cases during the global pandemic. The conclusion of this study is that the Indonesian government has made intensive and accurate efforts to protect citizens and build group immunity which of course has an impact on the positive possibility that the Indonesian state and nation can get out of worries due to the Covid-19  pandemic.


SASI ◽  
2021 ◽  
Vol 27 (4) ◽  
pp. 409
Author(s):  
Delfiyanti Delfiyanti

In accompany with the tight trading competition, it is imply that trademark plays significant role to known as the special product in common and had the power and useful when it managed in appropriate. Trademark is not just the word related to the product or collection only but the process and business strategy. Therefore, trademark have a value and equity. Thus equity becomes important as the value to be a benchmark of product in the marketplace. However, the pandemic of Covid-19 that struck since beginning of 2020 had an enormous impact to the whole states in the world including Indonesia. The pandemic was bring worst influences to the economic and trading. The deadly disease automatically was paralyze an economy and trading. It is caused by restriction of people to drive and influences the product movement. Temporarily, export-import activities delayed as restriction of transportation entry among the states. Finally, Indonesia forced close for in and out flight of territory. The situation influence to the implementation of Economic Right of trademark right attach to the import and export products in Indonesia.


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