Indonesia Conference Directory

Corresponding Author
marwah marwah

Institutions
Faculty of Law, Hasanuddin University

Abstract
The development of increasingly advanced science and technology has made various innovations and significant lifestyle changes in peoples lives. One of them is the provision of online application-based services that change peoples lifestyles in the field of transportation. Online transportation services in Indonesia have been around since 2012 and developed rapidly in early 2015 after the launch of the application on Android and iOS phones. The online application-based transportation system offers easy transactions that can be done anywhere via the users mobile phone. In addition to being practical, the company providing transportation services with an online application system also offers certainty of the rates charged in each transaction accompanied by a price promo if passengers use a non-cash payment system using certain electronic payment instruments. However, in mid-2019, the Ministry of Transportation and the Business Competition Supervisory Commission in Indonesia stated that there were indications of violations of unfair business competition which is conducted by transportation business actors with online application system because of the determination of transportation service rates was allegedly unable to cover operational costs that must be incurred by company.

Keywords
Predatory Pricing of Online Transportation Services

Topic
Trade and Business

Link: https://ifory.id/abstract/ZQtf7uGUJg82

Corresponding Author
Adlin Budhiawan

Institutions
Faculty Of Law UNIVERSITY OF NORTH SUMATERA

Abstract
The doctrine of undue influnce has now become one of the new grounds of will defect to cancel the agreement or contract in the court-s practices. Undue influence as a condition of will defect is not set out in the Civil Code. This study discusses the cancellation standard of the agreement due to a defect of will be based on the doctrine of undue influence in the court judgments. The research method is a normative juridical through several approaches: doctrinal approach and theoretical approach that are associated with secondary data in the form of statutory provisions, and court verdicts relating to the legal problems. The results of the study found that the court verdicts to cancel the agreement based on the doctrine of undue influnce is occurs due to two main factors: the economic excellence factor and the psychiatric excellence factor. Several elements used to see the event are (1) the existence of a special circumstance, (2) a real thing, (3) abuse of circumstance, and (4) causal relationship. It can be concluded that undue influence doctrine is contrary to the principle of justice, the principle of freedom of contract, the principle of consensus, the principle of good faith, as well as the principles of decency and habit. It-s recommended to form a legal norm in the Civil Code. The doctrine of undue influence should also be specified to limited circumstances of pre-contract, after execution of the contract, or because of a real loss for either the involved parties.

Keywords
cancellation standard, agreements, undue influnce, verdicts

Topic
Trade and Business

Link: https://ifory.id/abstract/rdaBLjDY7TH4

Corresponding Author
Fiska Silvia Raden Roro

Institutions
*)fiska[at]fh.unair.ac.id
Department of Private Law
Faculty of Law
Airlangga University
Jl. Dharmawangsa Dalam Selatan, Surabaya 60286, Indonesia

Abstract
COLLABORATION OF ISLAMIC FINTECH AND BMT AS THE CATALYST FOR SUPPORTING SMALL AND MICRO ENTREPRENEURSHIPS (SMEs) Fiska Silvia Raden Roro*), Trisadini P. Usanti , Xavier Nugraha ,Antonius Gunawan Dharmadji , Citi Rahmati Serfiyani Department of Private Law Faculty of Law Airlangga University Jl. Dharmawangsa Dalam Selatan, Surabaya 60286, Indonesia *) fiska@fh.unair.ac.id Keywords: BMT, Islamic fintech, Lending/ Loan, Funding, SMEs Theme :Trade and Business Presentation Preference : oral ABSTRACT One of the Islamic financial institutions which play a role in supporting the Islamic financial industry and the Indonesian economy is Baitul Mal wa Tamwil. Baitul Mal wa Tamwil (BMT) emerged as an option for SMEs (small and Macro Entrepreneurships) in Indonesia to obtain loans in a simpler way. BMT is an integrated independent business center and supporting financing of economic activities. Meanwhile, entering the disruptive iinovation era, BMT began to face some problems in its survival and development. This paper aims is to analyses the problems and to give solutions for BMTs in order to collaborate with Islamic fintech in the term of funding as catalyst of SMEs. The methodology of this reserach is a normative method with a conceptual approach and statute approach. As an catalyst, it is needed a synergy from the development of fintech to BMT as a sharia-based microfinance institution to be able to further encourage the growth of SMEs in Indonesia. BMT still has many problems and requires serious monitoring from the Financial Services Authority (OJK) and the Ministry of Coops. Moreover, we still find some illegal BMTs whose do not have licenses yet and/ or their operations are not in accordance with their business permit. Furthermore, still there is a lack of literacy about loan in Islamic business law perspective, Islamic Fintech platform and BMT itself.

Keywords
BMT, Islamic fintech, Lending/ Loan, Funding, SMEs

Topic
Trade and Business

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

Corresponding Author
Tarsisius Murwadji

Institutions
Faculty of Law, Padjadjaran University, Bandung

Abstract
The regulation and practice of Corporate Social Responsibility (CSR) in Indonesia is increasingly troubling for foreign companies willing to invest. This problem is formed due to the bias between the paradigm that was first published in the United States and European countries, with the already set paradigm in Indonesia. In the beginning of its history, CSR was a development of a companys business ethics initially focused on product reliability, which became a concern for all company stakeholders. Through this CSR, the companys development will be guaranteed because it is supported by all internal and external stakeholders. CSR is one of the 7 pillars of future corporate management. The CSR paradigm bias in Indonesia is triggered by the interpretation bias of the term -social- in “Corporate Social Responsibility”. In the United States, it is broadly defined as a “stake holder”, whereas in Indonesia, it is interpreted in a narrow sense, namely "sosial" or "people who needs to be helped". As a result, CSR is defined as a companys responsibility to assist the community. Capital assistance for micro and small businesses, scholarships, bridges and road development in villages are examples of the CSR implementation that are based on charity and are not related to the sustainability of a companys business. CSR in Indonesia is considered as an opportunity for the government to create a channel to attract finance from companies for the benefit of the wider community. The inaccuracy in interpreting the terminology is not merely an inaccuracy of the paradigm, but can also lead to a regulation rendering it-s requirements from voluntary to obligatory accompanied by sanctions. The hypothesis proposed in this article is: "CSR paradigms and regulations in Indonesia do not guarantee the sustainability of corporate business but rather tend to be a country risk". In the context of globalization in all sectors, particularly international investment in Indonesia, it is necessary to conduct an audit, which the author named Legal Quality Audit, to perform tests both normatively and practically. The Legal Quality Audit applied here is the original legal theory of the author which has been used as a legal theory in several dissertations in Padjadjaran University. The purpose of this Legal Quality Audit is to test the hypothesis raised above. The results of the study proves that the proposed hypothesis is proven to be correct, meaning that the regulation of CSR in Indonesia is indeed burdensome to international (foreign) investors and creates country risk. CSR in Indonesia focuses on community development and not on sustainable business. In this article, we discuss in detail the new paradigm of CSR in Indonesia as one of the pillars of future business management, which ensures the sustainability of the business of foreign investors in Indonesia and satisfies all of its stakeholders.

Keywords
corporate social responsibility, legal quality audit, country risk, sustainable business, international investment

Topic
Trade and Business

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

Corresponding Author
Ria Setyawati

Institutions
Law Faculty, Universitas Airlangga

Abstract
EXTRATERRITORIALITY PRINCIPLE ON INDONESIA MERGER CONTROL REGULATION Ria Setyawati Alifa Nurin Sabrina Universitas Airlangga Faculty of Law E-mail: ria.setyawati@fh.unair.ac.id, alifanurinsabrina@gmail.com Phone : 081233739420, 082234067016 ABSTRACT : The definition of business actors regulated in Law No.5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition only covers Business Actors who are established and domiciled or as long as carrying out their activities within Indonesian territory, this matter is considered to be too narrow and it actually becomes an obstacle in law enforcement of business competition in the event of anti-competitive practices carried out by business actors from outside the territory of Indonesia which has an impact on the Indonesian market and economy. One of the issues regarding the case of extraterritoriality contained delays in notification of the acquisition by Toray adavanced Materials Korea towards Wongjin Chemical to KPPU, but in this case KPPU is deemed not to have Extraterritorial authority in enforcing business competition law against two business actors domiciled outside the Indonesian jurisdiction. Therefore, it is necessary to apply the Extraterritoriality principle in the context of enforcing fair business competition law in Indonesia, one of them is an effort to supervise Mergers and Acquisitions. In this study the author will discuss the Application of the Extraterritoriality Principle to the enforcement of business competition law in supervision of acquisitions with normative juridical legal research methods. The approaches used in this legal research are the statue approach which refers to Law No. 5 of 1999 and other related regulations, conceptual approach and case approach by examining the case decision of KPPU No.17/KPPU-M/2015 which has been corroborated by the decision of the Supreme Court No.310K/Pdt.Sus-KPPU/2017.The results of this study indicate the application of extraterritoriality principle on business competition law enforcement in Indonesia by the Business Competition Supervisory Commission (KPPU) in the effort to supervise acquisitions.

Keywords
Extraterritoriality Principle; Business Competition Law Enforcement; Acquisition, merger

Topic
Trade and Business

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

Corresponding Author
Bebeto Ardyo

Institutions
University of Surabaya (UBAYA)

Abstract
Nowadays, legal protection relating to the trademark rights is becoming a problem that attracts the attention of many people. Not only on a national scale, the rapid development of technology and globalization have also demanded the law to provide protection of trademark rights across national borders. One form of protection is through the "First-To-File" principle that used in the process of registering trademark rights where the person entitled to the mark is the person who first registers the mark. The "First-to-File" principle is intended to guarantee certainty of the law but on the other side, it has risen another problem which is the beneficial and fairness of certain parties who apparently have used the mark first. If it comes to cases of disputes in Indonesia and most countries that use the “First-to-File” principle, trademark users are only protected if they have registered the trademark rights which causes disadvantages to those who haven-t registered the trademark rights, but have used their trademark first or even if their trademark are the well-known marks. This paper aims to examine the possible ways for the enhancements of trademark rights dispute settlement, which is inspired by a common law doctrine called "Passing Off" which gives the possibility to provides protection to unregistered trademark users over the registered ones.

Keywords
Rights, Trademark, First-To-File, Dispute Settlement

Topic
Trade and Business

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

Corresponding Author
Tuti Haryanti

Institutions
Faculty of Law Hasanuddin University

Abstract
Submission of halal certification in the UUPK which is voluntary in nature has become mandatory after the enactment of UUJPH. The existence of these rules requires businesses to apply for halal certification. Business actors who have obtained halal certificates must follow the halal production requirements. In fact, some business actors are unable to maintain the halal consistency of raw materials, additional to the product production process. This study aims to analyze whether business actors can be held liable The type of research used in normative research. The data used in this study are primary data and secondary data. The data collected was analyzed qualitatively and then performed a encryption. The results show that the halal product process is a state command as a manifestation of Gods obedience. Inconsistency of business actors procedurally and in substance is an unlawful act (onrechmatige daad) because it results in transedental property, health and spiritual losses. Business actors are responsible for material and immaterial losses by providing cumulative compensation, so there is a need to renew the UUPK law as a step in synchronizing with UUJPH.

Keywords
Responsibility, consumers, losses

Topic
Trade and Business

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

Corresponding Author
Detania Sukarja

Institutions
Universitas Sumatera Utara

Abstract
All business entities receiving capital from the public budget must apply Good Corporate Governance ("GCG") principles which include transparency, accountability, responsibility, independency and fairness. However, unlike the regulations relating to State-Owned Enterprises (“BUMN”) and Regionally-Owned Enterprises (“BUMD”) which explicitly regulate the obligation of the companies to implement GCG principles, the regulation on Village-Owned Enterprises (“BUM Desa”) does not specify and regulate this explicitly. BUM Desa and similar business entities need to be managed in accordance with these principles in order to reach their maximum potential and be publicly accountable. Sound and professional management of BUM Desa is particularly important because it relates to the Indonesian Government-s Village Fund program. The program aims to improve the welfare of villages, overcome development gaps between villages and strengthen rural communities as the subject of development. This paper aims to showcase the result of a research conducted covering 10 BUM Desas spread across 6 regencies in North Sumatera. The research seeks to assess the comprehension of BUM Desa managers relating the concept of GCG and document to what extent they apply the principles in the management of their business entities in conjunction with the regulations. The results showed that managers understood the urgency of managing business entities correctly in accordance with statutory regulations, but almost all of them did not understand GCG as a concept. On this basis the research emphasizes the importance of strengthening the regulatory frameworks for BUM Desa to explicitly reference application of GCG principles.

Keywords
BUM Desa; Village-Owned Enterprises; Good Corporate Governance

Topic
Trade and Business

Link: https://ifory.id/abstract/yfCcpAUKb3e4

Corresponding Author
Fina nazran

Institutions
Universitas Sumatera Utara

Abstract
People-s economic difficulties today force them to need more budget to fulfill their life necessities. They can either apply for a loan to banks or other financial institutions. Due to its complicated procedures, difficult requirements, and particular collateral, pawn service becomes an alternative. The most frequently pawned goods is gold because it is a promising investment goods. The research problems by studying prevailing laws and regulations i.e. the Civil Code, POJK (Regulations concerning Financial Service Authority),and other regulations related to this pawn. This research is done in PT. Pegadaian (Persero) and PT. Budi Gadai Indonesia. The results of the research demonstrate that, regarding the legal liabilities of all parties in which there is a borrower i.e. the debtor and a pawn broker i.e. the creditor, all parties have equal rights and obligations that they have to fulfill in order to run the gold pawning process well without any obstacles. The legal liabilities for the gold in case it is pawned, lost, or broken, is that the creditor is responsible to compensate all loss that has been intentionally and unintentionally caused, since it is the responsibilities of creditor. Regarding the legal liabilities of the debtor, if the pawned goods are proven to be illegally possessed, the debtor has to be responsible for all loss endured by the real owner and the creditor who provided the financing.

Keywords
Gold Pawn, Gold as Collateral, Pawn Financing

Topic
Trade and Business

Link: https://ifory.id/abstract/aB8RrW6HfzQA

Corresponding Author
Rika Novalina

Institutions
1) Doctoral Candidate, Faculty of Law, Universitas Sumatera Utara, Jalan Universitas No. 4, Medan 20155, Indonesia
notarisppat.rikanovalina[at]gmail.com
2) Lecturer at Faculty of Law, Universitas Sumatera Utara, Jalan Universitas No. 4, Medan 20155, Indonesia

Abstract
This paper tries to examine the extent to which the obligation to build plasma plantations and CSR obligations of plantation companies can minimize land disputes that occur in the communities surrounding the oil palm plantation companies. The Government of Indonesia has obliged every oil palm plantation company to develop plasma plantations which are destined to surrounding communities or indigenous peoples based on the Minister of Agriculture Regulation No. 98 of 2013 concerning Guidelines for Plantation Business Licensing, in Article 15 paragraph (1) that plasma plantation land is granted 20% of the Plantation Business Permit (IUP). In addition, the government requires companies engaged in the field of natural resources to carry out Corporate Social Responsibility based on Article 74 of Law No. 40 of 2007 concerning Limited Liability Companies. Both of these regulations require companies to carry out activities that benefit the communities surrounding the plantation companies. In fact, there are still problems, such as the Minister of Agrarian Regulation and Spatial Planning RI No. 7 of 2017 concerning Arrangements and Procedures for Determination of Cultivation Rights, that plasma plantations which must be submitted to the community are “at least” 20% of the planted land, there are fundamental differences. The problem is whether the obligation to carry out plasma plantation development and CSR programs can minimize the occurrence of land disputes around the plantation operated.

Keywords
Plasma Plantation; Corporate Social Responsibility; Minimize Disputes

Topic
Trade and Business

Link: https://ifory.id/abstract/jpD3WCxwYnNe

Corresponding Author
agung sujatmiko

Institutions
Universitas Airlangga

Abstract
PROBLEMS ARISING IN WELL-KNOWN TRADEMARK LICENSING AGREEMENTS IN INDONESIA Dr. Agung Sujatmiko, SH., MH. Department of Private Law - Faculty of Law – Airlangga University, Surabaya - Indonesia agung.sujatmiko@fh.unair.ac.id agung_sujatmiko@yahoo.com Keywords: agreement, license, trademark, problems. Theme :Trade and Business Presentation Preference : oral ABSTRACT Well-known trademark licensing agreements constitute a means of taking advantage of the trademark owner-s economic rights. To avoid problems that may arise in the future, the parties shall draw up and execute an agreement with full honesty and in good faith. The principle of honesty requires the parties to comply with and obey the agreement, while the principle of good faith requires the parties to execute the agreement in good faith, as the basis for executing the agreement. When these principles are not put into practice properly, it may result in some problems that cause a party to sue another party since their rights are harmed. The agreement is legally binding upon the parties in accordance with the principle of pacta sun servanda, meaning that an agreement shall apply as a law for those who draw it up. Violating the agreement means that the parties deny the agreement. They violate the law indirectly. Thus, a right formula should be sought in a licensing agreement for well-known trademarks in order to prevent the parties from suffering a loss due to a dispute. However, both the licensor as the trademark owner and the licensee have an equal position. Both have a significant role in the execution of the agreement. On that basis, a win-win solution should be sought in case of problems.This research is very useful to support licensing agreement, trade and business.

Keywords
agreement, license, trademark, problems.

Topic
Trade and Business

Link: https://ifory.id/abstract/LJWuNV3XTEHv

Corresponding Author
Andi Kurniawati

Institutions
Universitas Hasanuddin

Abstract
This study aims to describe the responsibilities of banks and ATM service providers for bank customer losses for losses caused by the use of an Automated Teller Machine (ATM). It is known that the use of ATMs often causes problems that result in losses suffered by customers as ATM users. This study uses data collection techniques through interviews and questionnaires to the parties involved in this discussion. The data obtained were analyzed qualitatively then presented descriptively. The results of this study indicate that the responsibility of banks and ATM service providers for losses of bank users of ATM users is based on the legal relationship arising between the two. The relationship between ATM service providers and bank customers is indirect. The bank as an intermediary is responsible for customer losses resulting from the use of ATMs.

Keywords
Responsibilities, Automated Teller Machine, Bank Consumers

Topic
Trade and Business

Link: https://ifory.id/abstract/hfmvr7guxXdE

Corresponding Author
Andi Kurniawati

Institutions
Universitas Hasanuddin

Abstract
This paper aims to reduce the problems of financial technology companies (Fintech) that are developing in Indonesia, especially in peer to peer (P2P) Lending services. The 4.0 industrial revolution in the economy was marked by the existence of various information technology services that made it easy for the public to develop their business, especially micro small and medium enterprises (MSMEs) by using one of the financial technology services namely, peer to peer lending services. This financial technology company, which is engaged in peer to peer lending, acts as a provider of information technology services that brings together lenders (Investors) and loan recipients (Borrowers) in the network (Online). In practice, in this peer to peer lending service, found many problems that can harm investors and loan recipients as users of financial technology companies. This research uses normative research methods by taking a legislative, case, and conceptual approach. The results showed that the financial technology company is an information technology company, not a Financial Institution so that the Financial Services Authority (OJK) as a regulator cannot be held liable in the event of user harm. The absence of regulations governing financial technology companies results in a lack of legal protection for users who suffer losses.

Keywords
Responsibilities, Financial Technology, Peer to Peer (P2P) Lending

Topic
Trade and Business

Link: https://ifory.id/abstract/ArU8f6T3Q9V2

Corresponding Author
Trisadini Usanti

Institutions
Departement of Private Law
Faculty of Law - Airlangga University
Jl. Darmawangsa Dalam Selatan, Indonesia. 60286

Abstract
In this global era, fintech offers a fast and easy lending service for people anytime. However, the easy process can cause various problems such as late payment and default in payment. Fintech will suffer from those risks and it can jeopardise the business. Moreover, most of the platforms do not ask for collateral as a requirement. So, in this article, the authors will discuss how fintech should manage their risks in lending using statute and conceptual approach. The results show that fintech should adopt the 5Cs credit analysis (character, capital, capacity, collateral, condition) as a way to minimise their risks. The Financial Services Authority (OJK) has not regulated risk management for fintech. Thus, fintech should follow the existing model from banking institution to manage their risks.

Keywords
management, finance risk, fintech lending

Topic
Trade and Business

Link: https://ifory.id/abstract/WjdGZR729fED

Corresponding Author
Peter Jeremiah Setiawan

Institutions
University of Surabaya (UBAYA)

Abstract
Cryptocurrencies on the basis of the blockchain technology are characterized by pseudonymity, peer-to-peer transactions, and distributed ledgers. These characteristics place cryptocurrency in vulnerability to be misused in financial crimes. Overcoming such crimes requires a responsive law enforcement system, which is able to reduce the vulnerabilities of the technological developments, including the formulation of advanced rule of evidence. The advanced rules of evidence which are formulated appropriately, are not only able to produce the truth, but also relevant-material, competent and sufficient evidences base, or even able to prevent financial crimes. These rules of evidence must evolve from the paradigm of measures on digital evidence to the paradigm of measures on crypto evidence. This paper aims to analyze the formulation of the rules of crypto evidence dealing with financial crime, which consists of four rules. First, rules to support the crypto evidence before crimes occurred, such as the rules about customer due diligence, record keeping and reporting suspicious transaction for related party. Second, rules about the authorities and infrastructure related to the crypto evidence. Third, rules about how to obtain and preserve the crypto evidence, encompassing the preservation of crypto evidence integrity and its chain of custody. Fourth, the rules about how crypto evidence could be considered in criminal proceedings, particularly the rules regarding the admisibility of crypto evidence by the court to proving crime facts.

Keywords
financial crime, cryptocurrency, rule of evidence, crypto evidence

Topic
Trade and Business

Link: https://ifory.id/abstract/9WYmXv8x4MLf

Corresponding Author
Zahry Vandawati Chumaida Chumaida

Institutions
Faculty of Law
Universitas Airlangga

Abstract
THE ROLE OF THE PROFESSIONAL INDEMNITY INSURANCE OF THE NURSE PROFESSION Main-authors : Zahry Vandawati Chumaida (vanda.zahry.chumaida@gmail.com) Co-author : Fiska Silvia Raden Roro (fiskasilvia@gmail.com/fiska@fh@unair.ac.id) Bambang SAS (bambangsasfhua@yahoo.com) Faculty of Law Universitas Airlangga Abstract Professional Indemnity Insurance for nurse profession provides cover for legal costs and expenses incurred in their defence, as well as any damages that may be awarded, if the nurses are alleged to have provided inadequate services that cause patients injured. The authority of the nurse in carrying out professional duties is regulated in Minister of Health Regulation No. 148/2010 so that the nurse has legitimacy in carrying out the practice of his profession. Related to the authority and duty of the nurses, they also have liability that need to be protected by professional indemnity insurance. This is certainly based on Law Number 40 of 2014 concerning Insurance. The responsibility of the nurse when making a mistake (negligence) in carrying out his duties at the hospital is possible to be transferred to the hospital through insurance coverage. In this case the hospital acts as the insured and the insurance company as the guarantor. The hospital is obliged to pay a premium to the insurance company. The method of this article is normative method, which allows authors to explore the topic in depth with two approaches, conceptual approach and statute approach. The conclusions of this paper namely are first, the nurses as a professional in the field of health is very important to be protected throgh professional indemnityinsurance. Second, in this case the hospital acts asthe insured; on the other hand, the insurance company is an entity which provides insurance. The hospital is obliged to pay aninsurance premium to the insurance company as insurer. Keywords : insurance, professional indemnity, nurse profession

Keywords
Keywords : insurance, professional indemnity, nurse profession

Topic
Trade and Business

Link: https://ifory.id/abstract/CvkmyhteD6xH