Indonesia Conference Directory

Corresponding Author
Fithriatus Shalihah

Institutions
Faculty of Law,Ahmad Dahlan University Yogyakarta

Abstract
Abstract The provisions of Act Number 13 of 2003 concerning Manpower in Article 59 been found to be ineffective since the governments oversight is not working and due to the fact that the employment demand factor is more toward permanent jobs.The concequency of the legal status of worker as a result of his work as a core of production process does not work either since entrepreneur/employer remains guided by 2 years time period and renewal for the extension of a work agreement for a specified time for 1 year. In practice, the 30-day grace period required by law is also largely ignored, because workers do not want to lose their income if they do not work for one month. According to the author, the ineffective arrangement above needs to be reviewed by prioritizing the interests of both parties. A regulation will not work if it does not reflect the legal needs of the community.If the legislator intends to provide legal protection to a specified time worker within the limits of his / her working period, then the time span given according to the author is eligible for a maximum of 2 (two) years without any further explanation. So inevitably after 2 years period if a employer still wants to hire a worker in an employment relationship, he shall raises his status as unspecified time worker or permanent worker by guaranteeing all the rights attached to him.The enforceability of the law is strongly influenced by the legal culture of public legal awareness. The Labor law has been made in such way to ensure the workers rights, in this case is the specified time workers. Legal awareness will be an expensive item if legal product is still looking for a justification in doing things that violate human rights of workers.

Keywords
Employment Relationship, Work Agreement for a Specified Time Period

Topic
Private Law

Link: https://ifory.id/abstract/MJpucxLeEQXj

Corresponding Author
Muhammad Nur

Institutions
Universitas Ahmad Dahlan

Abstract
The results of a survey issued by Junior Doctor Network (JDN) Indonesia on August 1-30 2018 stated that as many as 26.24 percents of doctors in main workplaces in Indonesia were still under salaries of under IDR 3 million per month. Even from the same data, there was 8.89 percent of doctors still underpaid 1.5 million per month. Low income for doctors can increase the risk of danger. The government must understand that low salaries cause doctors to work a lot of shifts over a long period to fulfill their needs and families. Research says that working continuously for doctors increases the risk of malpractice and endangers patients. Doctors have pressure from family and environment to get a decent income, so this opens up opportunities for drug companies for conspiring with these doctors to increase the number of drug sales. Low salaries also make doctors apathetic about their work, and it is difficult to empathize with patients and not provide the best service for them. This research then analyzes the weakness of salary regulation for a doctor in Indonesia. The results of this study indicate that one of the causes of these problems is the absence of standards set by the government regarding salaries for the medical profession in Indonesia. Even though in several countries in ASEAN, standardization of wages for doctors has been regulated for quite a long time. The author uses a normative juridical research method by examining library materials or other secondary materials. The author uses the literature study. The tools used are documents in the form of primary, secondary, and non-legal materials. The data obtained were analyzed qualitatively, then presented descriptively.

Keywords
Doctor, salary, regulation, analysis

Topic
Private Law

Link: https://ifory.id/abstract/4zNHkJRFBpKg

Corresponding Author
Errawan R. Wiradisuria

Institutions
Universitas Borobudur
Jalan Raya Kalimalang No. 1, Jakarta Timur

Abstract
Medical disputes stem from the patients dissatisfaction with the actions of the doctor in carrying out his medical practice and extends to the hospital level which is then resolved through mediation. The purpose of the mediation is to find a win-win solution. However, there are weaknesses of the mediation, namely if the agreement reached from the mediation is not stated in the form of a deed, then the agreement in the mediation can be canceled and has no executive power, even though the agreement is final and binding. Therefore, there is a need for other dispute resolution efforts that not only have final and binding properties, but also have executive power. The dispute resolution efforts are through arbitration. This study is normative with secondary data as a data source. Data is examined by means of document studies. Data is analyzed qualitatively. The results of the analysis are presented descriptively. The results showed that arbitration as an alternative to non-litigation settlement in the case of a medical dispute provides many benefits for the parties, namely in arbitration, the parties may choose an arbitrator who is an expert in the disputed field, so the process is faster because it is decided by the truly expert in the field. Arbitration is also held in private only attended by the parties to the dispute, no one else is present. Therefore, arbitration as an alternative to non-litigation resolution in cases of medical disputes can be immediately applied in hospitals as an alternative in resolving medical cases, so cooperation between BANI and IDI is needed to draft special arbitration for medical disputes.

Keywords
Arbitration, Alternative Dispute Resolution, Medical Disputes

Topic
Private Law

Link: https://ifory.id/abstract/6WwMcFtbenAv

Corresponding Author
Nur Putri Hidayah

Institutions
University of Muhammadiyah Malang

Abstract
Customers who failed to make promises in bank financing have the potential to cause disputes. To solve this, there are already a series of regulations that govern. The problem is that there are still many customers who feel disadvantaged in the dispute resolution process. The purpose of this study was to find out how the procedure for resolving financing disputes with guaranteed mortgage rights at Bank Jatim as well as any obstacles in the dispute resolution process. This study uses empirical research methods with a regulatory approach. The results of the study show that the dispute resolution process in non-litigation has not been maximized and the tendency is to execute the object of collateral. While the constraints are in non-compliance with the process of fostering customers who are injured in the promise, and the auction process that takes a long time.

Keywords
Credit disputes; Dispute resolution: conventional banking

Topic
Private Law

Link: https://ifory.id/abstract/hVtp2WUeCPjm

Corresponding Author
upik mutiara

Institutions
Law of faculty Universitas muhammadiyah Tangerang

Abstract
The financial sector is one sector that has an important role in the nation-s economy andcontinues to develop in line with the needs of its community. Currently, the innovation in thefinancial sector known as financial technology (fintech) has taken the world-s attention. Asthe emerging nation, the development of fintech in Singapore is also worth to look. Inindonesia, the regulation environment of the digital economy is handled by various laws andfinancial bodies, namely Financial Services Authority of Indonesia (OJK) and BankIndonesia (BI). This study uses a normative juridical approach. The used sources and types of datacome from literature review. This paper is aimed to bring insight into the regulatory aspects offintech and personal data protection in Singapore and Indonesia, and what can thegovernment do to anticipate and regulate the ever-changing fintech services and to bettermanage risks of data protection in the financial sector in Indonesia

Keywords
financial technology, data protection, government, indonesia and singapore.

Topic
Private Law

Link: https://ifory.id/abstract/gbFUcDvdGerM

Corresponding Author
Herwastoeti Herwastoeti

Institutions
University of Muhammadiyah Malang

Abstract
Trading activities in the community have developed very rapidly. This is influenced by one of them by the development of internet-based technology known as e- commerce. E-commerce is a form of trade that has its own characteristics, namely trade that crosses national borders. Through e-commerce a seller (seller) does not have to meet face to face with buyers (buyers, consumers) in a business transaction. At present, trading transactions such as these are known as electronic commerce, which are generally abbreviated as e-commerce acronyms, a form of trade which according to many business actors offers benefits. Apart from the benefits offered by e-commerce mentioned above, actually in the e-commerce transaction there are crucial legal issues. For example, the legal problem is the validity of electronic business transactions from the perspective of civil law, because business people in e-commerce may also be carried out by minors, or because there are some requirements that are still considered to be inadequate to the requirements of conventional civil law such as sign issues digital hand and data massage. Other legal issues include guaranteeing the authenticity of data and confidentiality of documents, protection of consumers, when breach of contract tort occurs, jurisdiction, implementation of law, and so on. The problem above shows that in some aspects, transactions in e-commerce are very risky, full of risks, especially because the consumer has an obligation to make advance payments (advance payment) while he cannot see the truth of the goods ordered or the quality. What is the evidence when there is a lawsuit later, what basis is used to judge the authenticity of an electronic document in e-commerce that on average has no signature, which law is enforced and what legal protection is actually needed in an effort to provide legal certainty (legal certification) to the parties conducting transactions through e-commerce. This paper is to study e-commerce in Indonesia with e-commerce in several countries so that e-commerce transactions can be compared to provide more legal protection especially for buyers or consumers.

Keywords
e-commerce, legal protection, consumers.

Topic
Private Law

Link: https://ifory.id/abstract/67NUKTEhz4vY

Corresponding Author
Aida Maysriwigati Mustafa

Institutions
Agung Podomoro University

Abstract
Regulation of maximum term of transition period is 1 (one) year, and cannot be extended is an important aspect for the transition process of the Rusun Management from the Developers to PPPSRS. Practically, the Rusun Magament by Developers run over the term of transition period. Based on these, the authors will study 3(three) principle purpose of the law (rule of law, justice and benefit) regulation in term of transition period, by using The Economic Analysis of Law approach and normative law research methods. Based on the analysis, it was concluded that during the term of transition period, the amount of costs that must be spent by the Developers during the 1 (one) year term of transition period to manage the Rusun, is greater than the results obtained, causing the Developers to incur losses. This reflects that the term of transition period regulation does not provide justice and benefits for the Developers, as contained in the concept of utility and benefit principle, so that it is not a rational choice for the Developers to manage the Rusun for 1 (one) year in the term of transition period. With no sanctions for Developers who manage the Rusun over the term of transition period, this is contrary to the concept of efficiency and the principle of Legal Certainty.

Keywords
Rusun, Sarusun, Developers, PPPSRS, Transition Period, and Rusun management

Topic
Private Law

Link: https://ifory.id/abstract/ZzQfkA6pBWDM

Corresponding Author
Dwi Ratna Indri Hapsari

Institutions
University of Muhammadiyah Malang

Abstract
Environmental problems have occurred in the global, regional and national scope of both countries developed and developing countries. Environmental problems are not only problems of developed countries or industrialized countries including Indonesia. Efforts to overcome problems the environment in developing countries has no choice but to carry out development. Without development the standard of living of the people decreases and the environment will be increasingly damaged. Development must still be done without damaging and polluting the environment. Balance this must be done in order to preserve the environment. Indonesia has started pay attention to environmental management since 1972. Dispute resolution the environment through litigation has not produced much results. Dispute resolution conducted through non-litigation channels is based on the presumption that the settlement Environmental disputes through the litigation path result were very disappointing for victims of pollution environment. This study wants to conduct a study related to the implementation of Government Regulations Number 54 of 2000 concerning the Dispute Settlement Service Provider Institution Environment Outside the Court.

Keywords
non litigation dispute settlement, environment

Topic
Private Law

Link: https://ifory.id/abstract/vtfhJ2k7rw4a

Corresponding Author
Deslaely Putranti

Institutions
Faculty of Law, Universitas Ahmad Dahlan

Abstract
Kotagede Silver is a handicraft product that has a long history regarding the production process and its characteristics. After the monetary crisis that hit Indonesia in 1997, Kotagede Silver experienced quite serious problems related to its raw materials and marketing. Moreover, the younger generation nowadays is not interested in continuing the business of the silver handicraft industry. Therefore, Kotagede silver industry is under the threat of extinction. This study will analyze production systems, distribution systems, and markets for Kotagede Silver products. The objective of this study is to determine whether Kotagede Silver is feasible to be registered as Geographical Indication products or not by looking at the scenario of the Book Requirements for Kotagede Silver. Geographical Indication as a tool to protect local products based on local know-how is recommended for regional development as long as the products are related to specific communities that related to natural resource management and cultural preservation needed to make a product known thanks to its quality. This research is qualitative research with the juridical-empirical approach. The result shows that Kotagede Silver is feasible to be registered as a Geographical Indication by reviewing the scenario of the Book of Requirements. Moreover, with the decreasing number of the silver artisan, the registration of Geographical Indication for Kotagede Silver seems promising for the cultural preservation as well as to continue the long tradition of local handicraft industry in Yogyakarta.

Keywords
Geographical Indication, Intellectual Property Law, Handicraft Product

Topic
Private Law

Link: https://ifory.id/abstract/7E92Nzg6GWPM

Corresponding Author
Mohammad Isrok

Institutions
Faculty of Law, University of Muhammadiyah Malang

Abstract
As an agricultural country, Indonesia has the potential to increase economic growth from the agrarian industry sector. However, agrarian resources are difficult to develop without intellectual creativity in the field of plants. Legal protection of intellectual property rights related to plants is a fair business competition instrument that can create superior plants. This working paper intends to reexamine whether the Indonesian IPR system can facilitate fair business competition related to plants. Therefore, it is discussed fundamentally: First: the system of intellectual property rights related to the current plant. Second, the system of intellectual property rights related to plants that exist in the world? And Third: evaluation of IPR systems related to these plants to obtain conclusions and alternative IPR protection systems related Plants in the future.

Keywords
Intellectual Property System, Plant, Indonesia

Topic
Private Law

Link: https://ifory.id/abstract/vuhg94TnEBPD

Corresponding Author
lelisari lelisari

Institutions
Lecturer at Civil Law/ Business Law of Law Faculty
Muhammadiyah University of Mataram
Mataram, Indonesia
lelisiregar[at]yahoo.com

Abstract
Since the enactment of the Law Number 18 of 2017 concerning the Protection of Indonesian Migrant Workers, the term Indonesian Labors (in Indonesia, stands for TKI) is substituted to Indonesian Migrant Workers (in Indonesia, stands for PMI). By reading carefully the law governing about TKI or PMI namely the Law Number 18 of 2017 concerning the Protection of Indonesian Migrant Workers, it found that it was made to correct some weaknesses in Law Number 39 of 2004. This law improvement was aimed at increasing the security for Indonesian Migrant Workers as mandated in the 1945 Constitution. In fact, this law also still has several weaknesses, including the lack of detailed regulation of legal aid for PMI. Actually, when PMI works in a destination country, the PMI Protection Law provides them the right to get assistance, mediation, advocacy and legal aid in the form of advocate services given by the Central Government and/ or Representatives of the Republic of Indonesia, and it mandates legal protection for PMI specifically regulated in CHAPTER VII of the PMI Protection Law. However, this only covers a general description. It is not explained what the right of legal aid the PMI get if they are involved in a problem or case. In addition, access to legal aid is not integrated with the legal aid law in Indonesia, namely Law Number 16 of 2011.

Keywords
Legal Aid; Indonesian Migrant Workers;PMI

Topic
Private Law

Link: https://ifory.id/abstract/WTAkEvjL4Q7M

Corresponding Author
Isdian Anggraeny

Institutions
UMM

Abstract
Structuring land ownership in Indonesia began in 1960 with the issuance of the Agrarian Basic Law. However, land issues are even more complicated as the global economy develops. Demands for the ease of obtaining land rights, especially from business entities, are increasingly high, including those from non-legal entities such as CV. This demand was also answered by the Government by issuing a Circular of the Minister of Agrarian and Spatial Planning / National Land Agency (ATR / BPN) Number 2 / SE-HT.02.01 / VI / 2019 concerning Granting of Right to Build Building for the Commanditaire Vennootschap. This paper tries to discuss two important things related to ownership of land rights by business entities that are not incorporated, specifically CV. First, what is the regulation of land tenure with the status of building rights in Indonesia? Second, how is CVs position as the subject holder of the use of buildings in Indonesia? Through normative juridical studies, conclusions are obtained as follows: First, land tenure arrangements with the status of building use rights in Indonesia have been carried out both through the Agrarian Basic Law and the regulations below, especially Government Regulation No. 40 of 1996 concerning Right to Cultivate, Right to Use, and Right to Use on the land. Second, there is a juridical problem regarding the position of CV as a non-building subject holder in Indonesia, since CV is not a Legal Entity that can own land rights.

Keywords
Commanditaire Vennootschap, Building Rights, Land

Topic
Private Law

Link: https://ifory.id/abstract/dmjZtz34qDwn

Corresponding Author
Prisca Oktaviani Samosir

Institutions
Universitas Agung Podomoro

Abstract
Trademark is intangible goods. In the trademark, inherent value is an intangible asset for the owner because the trademark gives ownership rights as the legal subject, namely individuals (natural persoon) or legal entities (recht persoon), so that trademarks become intangible assets. Because the trademark has value, it is appropriate for trademark owners to get legal protection. Legal protection for trademark in Indonesia is only given to trademark owners who register their trademarks for the first time, in the principle, first to file. Indonesia does not use the principle of first to use, where the first trademark user has protection against the trademark. Whereas in other countries such as Saudi Arabia, the United States, Singapore, Australia, etc. apply the principle of first to use. The application of these two principles has a difference to the implications for legal protection provided specifically on company-owned trademarks. This paper will discuss the differences in the implications of legal protection for company trademarks in Indonesia by comparing the principles of first to use and the principle of first to file. This paper used normative method with an economic analysis of law approach. So, it is expected that this paper can contribute ideas to fill the legal vacuum regarding the authority of trademark registrants by companies that have not been regulated in Law No. 20 of 2016 concerning Trademarks and Geographical Indications.

Keywords
First to File, First to Use, Indonesia, Trademark

Topic
Private Law

Link: https://ifory.id/abstract/v8VAcHfmE7DU

Corresponding Author
Suherman Suherman

Institutions
Universitas Pembangunan Nasional "Veteran" Jakarta

Abstract
Obtaining information is guaranteed by the Indonesian constitution, in accordance with Article 28 F of the 1945 Constitution of the Republic of Indonesia which regulates the right of everyone to obtain and convey information. Public institutions have an obligation to provide public information to the public to find out information from public institutions that have an impact on improving the quality of life. However, whether the legal entity in the form of a Private Limited Company can also be applied, as is the case with PT. Sumber Alfaria Trijaya Tbk which has been decided through Decision Number: 011 / III / KIP-PS-A / 2016 jo Decision of the Supreme Court No.533 K / PDT.SUS-KIP / 2018. In the decision of the Supreme Court No.533 K / PDT.SUS-KIP / 2018, the legal substance does not provide clearly to legal considerations of PT. Sumber Alfaria Trijaya Tbk, is related to the obligation to provide public information for legal entities in the form of a Private Limited Companies. The research method used in reviewing the legal issues examined is to use normative juridical research methods through literature studies to obtain secondary data. Furthermore, the quantitative data obtained from the literature study will be processed and the results will be presented in descriptive analytical form. The purpose of this study is to find out the concept of whether public legal entities in the form of Private Limited Companies also have the obligation to provide information to the public in accordance with Law No . 14 of 2008

Keywords
Public Information Openness, Private Limited Company, Corporate Social Responsibility

Topic
Private Law

Link: https://ifory.id/abstract/efLXvVbACQJF

Corresponding Author
Anis Mashdurohatun Mashdurohatun

Institutions
UNISSULA

Abstract
Intellectual property rights are a set of legal rights to express ideas into real forms of property. These rights are generally copyright, patent rights, and brand rights. IPR is still a wealth that is not yet commonly understood in terms of the distribution of property gono-gini in divorce cases in Indonesia. In some divorce cases, there are important things regarding intellectual property that must be really taken into account in the distribution of property without this. This study aims to examine and analyze and formulate the transfer of IPR as a joint asset in marriage and the distribution of gonogini assets after divorce. The approach method used in this research is juridical empirical. The data used are primary and secondary data. Techniques for collecting data through library studies and field studies. Analysis of descriptive analytic data. The results of the study found that the transfer of IPR as a joint asset in marriage was based on the provisions of IPR legislation. The object of the joint property needs to be harmonized with respect to the HKI field both copyright, brand and patent. Such as the brand lumpia express, suharti fried chicken, etc. The distribution of the gonogini property after the divorce certainly remains based on the provisions of the marriage law, namely Law Number 1 of 1974 concerning Marriage. In the provisions of Article 35 paragraph (1), it has been stated that the property acquired during marriage is a joint asset, provided that there is no marriage agreement regarding the separation of property. Everything that has economic value can be categorized as property, whether it is immovable property (land), moving objects (gold), also in legal developments such as electricity (intangible objects) are categorized as something that has economic value. Wealth in the IPR field is included in the category of assets because it is an intangible object that has economic value.

Keywords
IPR; Gono Gini; Post;Divorce

Topic
Private Law

Link: https://ifory.id/abstract/kPLFgf6hvdKt

Corresponding Author
Rendy Renaldy

Institutions
Faculty of Law Universitas Sang Bumi Ruwa Jurai
Jl. Pagar Alam No.257, Langkapura, Bandar Lampung

Abstract
Electronic transaction agreement between PT. Juang Abadi Alam with Australian Rural Exports Pty Ltd in the perspective of the ITE Law is legal and has legal consequences, this is reinforced in Article 11 paragraph (1) of Law Number 19 Year 2016 concerning Amendment to the Second Law Number 8 Year 2011 concerning Information and Electronic Transactions which explains that: "Electronic Signatures have legal force and legal consequences." addition, the potential risks in electronic transactions are very contrary to the expected effectiveness, such as security aspects where the use of electronic information uses public networks, where everyone can find out information about the electronic transaction, besides when one party does not implement the transaction electronics that have been agreed with other parties, then this will have an impact on the loss of interested parties and parties that use information technology for the sale of an item or service.

Keywords
Electronic Signature, Buying Agreements and Civil Law

Topic
Private Law

Link: https://ifory.id/abstract/LgkRJCXE9bay

Corresponding Author
Abdul Wahid

Institutions
Fakultas Hukum, Universitas Muhammadiyah Cirebon
Jalan Tuparev Nomor 70 Cirebon 45153, Jawa Barat, Indonesia

Abstract
Abstract The State of the Republic of Indonesia is a legal state (rechstaat) where the principle of state law is to ensure the certainty, order and protection of the law aimed at obtaining the truth and not being a state based on power (machtstaat) or where power is subject to law. The development of the law in the life of the society requires legal certainty on the legal relationship of individuals and subjects of law. Law is one of the means that everybody needs to fill their lives, especially in the economic system that enters the era of globalization. The need is manifested in the form of clear legal products and has legal certainty and strict law enforcement action of law enforcement officials. The publics need for legal products as a written evidence tool in a courtesy proof resulted in every public lawsuit involving the parties to be included in a letter of law. If a particular article is made so as to be a means of proof, then the letter or article is called the act is a special writing made to be written evidence. The act as a written evidence tool in certain cases is a powerful evidence tool for parties bound thereto. It is clear that the authentic deed in society is a widespread public need in civil law as regulated by the KUHPerdata, especially on the need for written proof.

Keywords
Written Proof Tool, Land Title Deed, Land Deed Official (PPAT)

Topic
Private Law

Link: https://ifory.id/abstract/VmRDNUe2zxLg