JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN

Urgensi Hukum Perdagangan Internasional Terhadap Sengketa Perdagangan Internasional Antara Indonesia-Amerika Serikat

Lutfia Azzahra — 2024-04-23

The present study aims to explicate the significance of the international trade laws in resolving the disputes arising between Indonesia and the United States. The export activity is a crucial aspect of a country's economy as it augments its foreign exchange earnings. Indonesia, being one of the largest exporters of the non-oil resource, i.e., shrimp, nonetheless, encounters impediments in its exports. The U.S. has accused Indonesia of endowing subsidies to exporters, thereby suppressing the prices of its commodities. The involvement of the WTO is indeed imperative in this regard as it is incumbent upon the organization to address the predicaments faced by its member states. This study employs the qualitative research method, wherein the researcher combines the acquired data as a reference for the research. This enables us to see how the portrayal of the importance of international trade law is formed to achieve agreements between nations and also to resolve various disputes that arise.

Reformulasi Kebijakan Terhadap Pidana Pemenuhan Kewajiban Adat Bagi Korporasi Dalam KUHP

Amri Panahatan Sihotang — 2024-05-13

Crime by corporations is increasingly diverse along with the Times. Corporate crime has a more massive
impact than conventional crime. New provisions in the Criminal Code related to corporations, namely
corporations, have been made the subject of criminal law. It also regulates the main crime for corporations,
namely fines, various types of additional crimes, one of which is the fulfillment of customary obligations.
The problems in this study are related to the additional criminal formulation policy in the form of fulfillment
of local customs obligations for corporations in the Criminal Code and the ideal formulation policy related
to the additional criminal form of fulfillment of local customs obligations for corporations in the Criminal
Code. This study uses the method of normative analysis of research results to explain the policy formulation
given in the draft law is part of the criminal law policy or criminal law politics. The additional criminal
formulation policy in the form of fulfilling local customary obligations for corporations in the criminal code
is to realize legislation that can be used by law enforcement in handling cases involving corporations in
accordance with the provisions of Article 45 paragraph (1) of the Criminal Code and in imposing additional
crimes judges can see the provisions of Article 120 of the Criminal Code. The ideal formulation policy
relating to additional crimes in the form of fulfilling customary obligations for corporations must formulate
the criminal fulfillment of customary obligations that apply to subjects of corporate law as well as the
provisions of Article 120 Paragraph (1) of the Criminal Code. In-depth research on Indigenous peoples
must be carried out and must respect the decisions of the indigenous judiciary.

Restorasi Sebagai Pertanggungjawaban Pemulihan Fungsi Lingkungan Hidup Bagi Perusahaan Pemegang Izin Usaha Pertambangan

Lingga Parama Liofa — 2024-06-07

Mining is a business that operates in the exploitation of natural resources, so the potential for natural damage is something that must be faced and addressed wisely. The Law on Environmental Protection and Management has made it mandatory for every person who pollutes the environment to restore environmental functions, one of which is restoration. In summary, restoration is an effort to restore environmental functions in the form of restoring the environment to its original condition. However, the Law on Mineral and Coal Mining stipulates that if the IUP or IUPK holder uses mining services, the responsibility for mining business activities remains borne by the IUP or IUPK holder. This results in a conflict of laws, resulting in a legal vacuum that requires mining service providers to carry out restoration as an action to restore environmental functions. Based on this, this research aims to analyze whether mining service providers whose services are used by mineral and coal mining can be required to carry out restoration as a form of responsibility for restoring environmental functions. The results of this research show that the imposition of mining responsibilities on IUP or IUPK holders also has an impact on the absence of obligations on mining service providers to carry out restoration.

Pelekatan Nama Uray Dalam Hukum Adat Melayu Di Kesultanan Sambas

Ajeng Auliya Ramadhani Wibowo — 2024-06-14

status, and a person's contribution to society and government. In the Sambas Sultanate, derived names were automatically attached to someone who was a descendant of the Sultanate's family. One of the names known in the Sambas Sultanate and the Malay indigenous community is "Uray". However, this honorary name could later be changed to "Raden" with an appointment from the Palace. This can clearly lead to changes in the social hierarchy and a person's status in society. Through a literature study related to the attachment of honorary names known in the Malay tribal community in the Sambas Sultanate. This paper aims to (i) find out how someone gets the honorary name Uray in the Malay traditional community; (ii) the causal factors that enable a person to change his honorary name from Uray to Raden; and (iii) are there any consequences that the person will receive due to the change of name. The author uses an empirical legal writing method that is descriptive exploratory in nature. The results of the writing are (i) the honorary names Uray and Raden were obtained through lineage relationships; (ii) factors that cause changes in the name of honor that a person has are marital relations and direct appointment from the Palace by the Sultan; and (iii) someone who has changed his honorary name through a traditional ceremony will have new responsibilities that make him someone who plays an important role in society. One of them is being a role model in terms of cultural preservation.

Strengthening Corporate Crime Prevention In The Digital Economy In ASEAN

Michelle Kristina — 2024-06-26

Economic growth and development in the digital era have presented new challenges in structuring business between countries, especially countries in ASEAN. Relations and cooperation between corporations are no longer limited to being within the scope of one country but across countries. Such conditions certainly produce new threats. In addition to the positive impact on corporations by presenting wider markets and development opportunities in ASEAN countries, economic developments in the digital era are also accompanied by negative impacts. This can be seen from the opportunity to commit transnational corporate crimes, such as corruption, and market abuse by conducting covert monopolies and creating an unhealthy economic climate for market growth by presenting unfair competition between capital owners. Such a situation will certainly damage the spirit of solidarity presented by ASEAN when initiating the MEA. Therefore, it is necessary to have an integrated system between countries in ASEAN that covers cooperation between corporations in preventing corporate crime in the era of the digital economy. Furthermore, the government and society can find out every beneficial ownership behind each of corporate crime. This integrated system will help economic actors, communities, and governments to map out the dangers and opportunities that cooperation between corporations in ASEAN countries can provide. A healthy economic climate can be created by presenting a system acceptable to all parties (government, corporate, and society). This research is focus on enhancing measures to prevent corporate crime within the digital economy across ASEAN countries.