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Conceptualizing the Establishment of BPPKE: Legal Protection for Businesses in Indonesia

Hanny Hilmia Fairuza — 2024-04-23

The development of technology brings significant changes in human life, including in the formation of more efficient electronic agreements. Smart contracts, as programmable contracts using blockchain technology, have facilitated agreements without intermediaries with high efficiency and security. In Indonesia, smart contracts are starting to be used although they still encounter pros and cons, especially regarding the aspect of legal validity. The availability of specific regulations regarding electronic contracts poses a major challenge, where the law must provide guarantees and legal recognition equivalent to conventional contracts. Therefore, the establishment of the Electronic Contract Supervision and Protection Agency (BPPKE) becomes important to create order, certainty, and justice for all parties involved in electronic transactions. BPPKE is expected to oversee and supervise the implementation of applicable regulations so that legal objectives can be achieved well in the digital business era. The research method used is Reform-Oriented Research aimed at assessing the sustainability of existing rules and proposing changes to rules deemed necessary related to electronic contracts in Indonesia. Thus, the conceptualization of the establishment of BPPKE is expected to enhance the investment and business climate in Indonesia, as well as strengthen legal protection for business actors, both nationally and internationally. This is in line with the rapid development of information and communication technology, where electronic transactions are becoming increasingly dominant in global business activities.

International Legal Resolution of the Recognition Dispute over the Intellectual Property Rights of the 'Reog Cultural Dance' by Malaysia

Nazhif Ali Murtadho — 2024-04-24

This research aims to describe theoretical and practical views regarding legal protection of intellectual property rights, especially in terms of traditional Indonesian culture. This research uses a qualitative writing method using a normative juridical approach. This research also touches on the juridical aspects of the case. This research was made in descriptive form with data collection techniques obtained through methods library research or what is known as library study techniques and techniques for analyzing legal materials using descriptive, evaluative, argumentative, and prescriptive techniques. The rise in cases of cultural claims made by other countries certainly provides a certain interpretation of the weak aspects of legal protection for intellectual property rights, especially in cultural matters. This can be seen, for example, in the case of Malaysia's claim to the Reog Ponorogo cultural dance, which should be viewed from a historical-sociological aspect as an original cultural heritage from the Ponorogo area, East Java. Such cases are not uncommon and often give rise to prolonged disputes which of course have implications for the diplomatic relations that exist between the two countries. Reviewing the provisions of Article 38 of Law Number 28 of 2014 concerning Copyright, it is explained that traditional cultural expressions whose creators are not known for certain have intellectual property rights protected by the state. On this basis, a special systematic system is needed to resolve the dispute. In this regard, efforts related to the process of resolving intellectual property rights disputes in the international domain cannot be separated from the legal politics that occur both in the realm of national political life and in the realm of international politics.

Regulation of Corporate Social Responsibility through Environmental Development Program: A Review from a CSR Perspective

Armansyah Armansyah — 2024-04-30

The Company, as a business entity, must take on social and environmental responsibility, which is known as corporate social responsibility (CSR). Community empowerment programs are part of implementing CSR forms used in the Company's efforts to support sustainable development based on the 3P principles, namely Profit, People, and Planet. This research aims to analyze the implementation of the Community Development Program as a strategy in CSR management and the implementation of CSR arrangements in managing corporate responsibility in environmental aspects. The method in this research is normative juridical research. The approaches used are the Legislation Approach, Case Approach, and Concept Approach. Implementing the environmental development program is a strategic step that can have a long-term positive impact on the Company. A critical aspect of the Program is that it focuses on sustainable development. Companies involved in this activity are concerned with current environmental elements and aim to leave positive things for future generations. By adopting environmentally friendly practices and sustainability projects, companies can create positive impacts that are sustainable in the long run. Implementing CSR regulations in managing environmental responsibility is an essential step companies take to balance business sustainability and social and environmental impacts. CSR regulation in managing ecological responsibility is about more than just complying with rules or meeting market expectations. But also as an effort to create long-term value, build strong relationships with stakeholders, and become an agent of positive change in society.

Empowering MSMEs: Unravelling the Essence of Business Law and Brand Protection in Indonesia

Ujang Badru Jaman — 2024-04-30

In the context of Indonesia, as a country with a very large number of MSMEs, a good understanding of the role of business law and trademark protection is a very important capital to create a conducive and sustainable business climate for MSMEs. Along with a better understanding, it is also expected that there will be an increased awareness of the importance of trademark registration and business law protection for MSMEs in Indonesia. This study explores the complex legal and trademark protection system that Indonesian MSMEs (micro, small, and medium enterprises) have to go through. Business registration procedures, compliance standards, and legal support present barriers that are revealed through normative analysis and further explained through interviews with experts. In addition, there are problems with brand protection procedures, such as difficult law enforcement and protracted brand registration procedures. The results are synthesized into normative solutions that suggest changes to the company's compliance, registration, legal aid, and brand protection systems. If put into practice, these solutions can empower MSMEs, encourage innovation, and boost the Indonesian economy. In addition, it is also important to create mechanisms that make it easier for MSMEs in the trademark registration process. Simple measures such as simplification of registration forms and improved accessibility of information on the registration process can greatly help MSMEs with limited resources and knowledge. These measures, along with the proposed normative solutions, can significantly improve MSME trademark protection, encourage innovation, and strengthen the Indonesian economy.

Spin-Off Appropriateness Assessment: Propriety Test of Sharia Business Unit Spin-Off to Increase Return on Assets

Muhammad Daffa Alfandy — 2024-06-10

The obligation to transform a sharia business unit into a sharia commercial bank through a spin-off from its parent bank, a conventional commercial bank, must be balanced with a strategy to increase the return on assets (ROA) of Islamic Business Entities (BUS). A higher ROA ratio correlates with increased profitability. The regulatory provision mandating spin-offs, however, tends to weaken the BUS, making it difficult to compete in the national Islamic banking industry. This is because the spin-off obligation for the UUS can actually diminish its profitability performance. As Watchell has noted, while spin-offs can create differentiation from investment targets in each business, they can also lead subsidiary companies to become more focused in determining their corporate strategy and operations. This focus, however, often results in new operational strategies that increase the subsidiary's operational burden and potentially reduce profitability. Empirically, several sharia commercial banks in Indonesia have experienced a decline in the profitability of their sharia business units after spinning off into independent sharia commercial banks. This research employs normative or doctrinal juridical methods, utilizing both a statute approach and a conceptual approach. As an innovative contribution, the author proposes the Spin-Off Appropriateness Assessment as a model for evaluating the implementation of spin-offs in sharia business units. This assessment aims to increase the ROA ratio and create an investment climate that is environmentally sound. It comprises three main components: fixed capital, non-performing loan identification, and capital sources mapping.

Independent Commissioners: How Independent?

Suwinto Johan — 2024-06-12

Companies are managed by directors whose decisions and actions are overseen by a board of commissioners, which includes both commissioners and independent commissioners. An independent commissioner is a party that shares no relationships with the company's directors or the company itself. However, the independence of independent commissioners in performing their duties is questionable. This research examined the independence of independent commissioners using a normative juridical research method based on primary data, secondary data, and other relevant information. The juridical research method focuses on existing realities or implementation in the real world compared to the normative expectations or standards. The results showed that independent commissioners are not entirely independent, particularly in state-owned enterprises where connections with affiliates persist. Additionally, independent commissioners often had direct or indirect relationships with the government, with some being former civil servants or government supporters. Meanwhile, private companies tend to appoint commissioners based on prior personal relationships, such as friendships, rather than familial or business affiliations. Despite these connections, independent commissioners remain crucial for stakeholders interested in the company's governance. This research highlights the complexities surrounding the independence of commissioners and underscores the need for clearer definitions and enforcement of independence in corporate governance.

Generic Brand Law on Bakmie Bangka Brands that Use Public Domain

Muhammad Rayhan Rizki Rojali — 2024-06-25

Commercial activities involving goods and services in Indonesia have experienced significant growth, driven by advancements in information technology and transportation. This has led to a rapid expansion in the trade sector related to the production of goods and services. One method to protect these creations is through the use of trademarks. "Mie Bangka," also known as "Bakmi Bangka," is a distinctive cuisine originating from Bangka Island. This study examines whether the "Bakmie Bangka" brand can be categorized as a generic brand, the legal protections for generic brands within the framework of trademark rights, and whether the registration of the "Bakmie Bangka" brand infringes upon the public domain within trademark rights. This research utilizes a normative juridical approach, which includes the examination of published literature and conducting direct qualitative research with business operators. The findings of this study indicate that the name "Bakmie Bangka" can be classified as a generic brand.

Liability for Delay in Disbursement of Insurance Claims at Joint Life Insurance Bumi Putera 1912

Dea Tiara Hanandita — 2024-07-23

Through the whole of the year 2020, the organization has been operating with a deficit that has a value of (5.4) five point four trillion Rupiah. Despite the fact that a number of policyholders have not been successful in obtaining scholarships up to this point, the policyholders have fulfilled their obligations by paying premiums in accordance with the minimum amount. The purpose of this study is to investigate the degree to which Joint Life Insurance Bumi Putera is able to fulfill its corporate duty to its clientele. Approaches of empirical research are used in this study. These approaches include conducting interviews and observations with policyholders and AJB Bumi Putera 1912, using a statutory analysis methodology. According to the findings of the data analysis, Joint Life Insurance Bumi Putera Company is going to have to deal with a lot of serious implications as a result of default. On the other hand, the corporation is only capable of meeting the solvency level of -1197.39 percent, which would be regarded to be lower than the goal solvency level of 120 percent that was established. Consequently, the researcher arrives to the ultimate conclusion that Joint Life Insurance Bumi Putera will make payments for insurance if the policyholder satisfies the standards that have been presented by the organization itself. This study has a number of consequences, one of which is that the procedure of submitting a claim for redemption should be accompanied with a deadline, such as a maximum of one month, in order to ensure that there is clarity about the time limit for claim payment.

Legal Protection for Outsourced Workers/Laborers Who Experience Job Replacement Due to Not Meeting Qualifications (Case Study at PT Smelting Gresik)

Sonny Wijaya — 2024-08-22

Outsourcing is the handing over of work for a company to another party with the aim of reducing the company's burden. This business usually can make benefit for all parties, both the employer company, the outsourcing company and the outsourced workers. The practice of outsourcing, there are still things that are detrimental to the outsourced workforce, especially in terms of one-sided performance evaluation resulting in employee turnover (job replacement) that causing layoffs. The aim of this research is to describe forms of legal protection and legal remedies for outsourced workers who experience job replacement. The research methodology in this research is using the normative juridical method through the statute approach, accompanied by interviews with the employers and the workers to find out more details regarding the outsourcing agreement that occurred, then conducting a legal analysis with a deductive approach. The results of this research are a form of legal protection for outsourced workers who experience employee change or job replacement because they do not meet the qualifications at PT Smelting Gresik, through analysis of applicable autonomous and heterogeneous laws, especially in maintaining work status and obtaining compensation money. The legal remedy that can be taken if they do not get their rights is the industrial relations dispute resolution mechanism.

Legal Protection for Debtors in Online Transactions: Evaluating Safeguards in E-Commerce

Abdul Risal — 2024-08-23

This study aims to examine the legal protection afforded to consumers in electronic commerce transactions. Consumer protection is crucial for ensuring legal certainty in online transactions. The research adopts a normative legal research approach to assess the effectiveness of the protection provisions outlined in Law No. 19/2016. The study identifies two primary concepts of legal protection in the context of electronic transactions: preventive legal protection and repressive legal protection. Preventive legal protection encompasses measures designed to prevent potential harm to consumers before transactions occur. In contrast, repressive legal protection involves legal actions taken to address and resolve disputes arising from violations in electronic transactions. The findings indicate that these two concepts of legal protection are complementary in creating a secure and fair environment for electronic commerce. Preventive legal protection aims to provide consumers with a sense of security by ensuring that service and product providers adhere to established standards before transactions take place. On the other hand, repressive legal protection ensures that consumers have mechanisms to seek justice if violations or damages occur post-transaction. This research offers insights into the current regulatory effectiveness and underscores the need to strengthen legal protection mechanisms to address challenges emerging from technological advancements. It highlights that in the rapidly evolving digital era, regulations and legal protections must swiftly adapt to new forms of electronic commerce. Strengthening legal protections will not only enhance consumer trust but also promote healthier and more sustainable growth in the digital economy.

Implementation of Carbon Trading: Mechanisms of Execution and Legal Protection for Shareholders on the Indonesia Carbon Exchange

Maychellina Maychellina — 2024-08-26

This research aims to find out how the trading mechanism on the carbon exchange and legal protection for company shareholders in carbon trading transactions on the Indonesian carbon exchange. Increased global awareness of climate change has prompted many countries, including Indonesia, to adopt more effective mitigation measures. A carbon exchange is a platform for buying and selling carbon credits, which can be obtained by companies that have taken decarbonisation measures. Through carbon trading, investors can be involved in reducing carbon emissions through a scheme that has been provided, namely emission trading or emission offsets. The Indonesian government issued carbon trading regulations and policies as an effort to reduce greenhouse gas emissions globally, and the presence of the Indonesian Carbon Exchange (IDX Carbon) provides positive sentiment for a number of issuers engaged in the environmentally friendly sector. This is because the presence of a carbon exchange opens up opportunities for environmentally friendly companies to increase their revenue by selling carbon credits. The method used in this research is normative juridical with statutory approach and conceptual approach. The results of this research show that shareholders of carbon exchange organisers can only be owned by sui generis institutions, Indonesian citizens, Indonesian legal entities, and/or foreign legal entities that have obtained permission or are under the supervision of the financial services regulator in their home country. In addition, members of the board of directors of the carbon exchange organiser must be domiciled in Indonesia.