JURNAL HUKUM, POLITIK DAN ILMU SOSIAL

Hak Kekayaan Intelektual Bagi Produk Kreatif Usaha Kecil Menengah dengan Perlindungan Hukumnya Di Kabupaten Buleleng

I Gusti Agung Wisnu Satria Wangsa — 2023-07-28

Indonesia is known as a state of law that has regulated various protections of ideas in the form of innovation and creativity that have various economic values through many laws and regulations related to Intellectual Property Rights. This is very necessary because as we know Indonesia has enormous potential in the creative industry and abundant natural resources. The rapid development of the creative industry in Indonesia greatly contributes to the country's economic growth. Where it can be seen from year to year there are always updates and additions to the number of creative products both from young people and community groups engaged in entrepreneurship. The existence of UMKM and their policies have been implemented and used through several laws and regulations, in the context of developing the business climate, including Law No. improve the expertise and position and institutions of Micro, Small, and Medium Enterprises in the national economy. Various aspects and actions of the government covering many things in terms of production, marketing and branding are carried out so that MSMEs are able to compete in the national and international realm. economy through many laws and regulations related to Intellectual Property Rights. This is very necessary because as we know Indonesia has enormous potential in the creative industry and abundant natural resources. The rapid development of the creative industry in Indonesia greatly contributes to the country's economic growth. Where it can be seen from year to year there are always updates and additions to the number of creative products both from young people and community groups engaged in entrepreneurship. The existence of UMKM and their policies have been implemented and used through several laws and regulations, in the context of developing the business climate, including Law No. improve the expertise and position and institutions of Micro, Small, and Medium Enterprises in the national economy. Various aspects and actions of the government covering many things in terms of production, marketing and branding are carried out so that UMKM are able to compete in the national and international realm.

Tinjauan Hukum Terhadap Peraturan Menteri Agraria Dan Tata Ruang/Kepala Badan Pertahanan Nasional (PERMEN ATR/BPN) Nomor 1 Tahun 2021 Dan Pasal 19 Ayat 2 UUPA

Heriyanti Heriyanti — 2023-07-28

So it very well may be gathered that the land enlistment action interestingly brought about a declaration of confirmation of rights as an authentication of land allocates as of now have rights and a testament of proprietorship rights to condo units. Revelation is a validation of proof of rights as implied in Article 19 Paragraph (2) letter c of the UUPA for land rights, the chiefs rights, waqf rights, property rights over space units and security rights, all of which has been recorded in the land book concerned. ATR/BPN 1/2021 specifies that the execution of land enrollment which incorporates land enlistment interestingly and upkeep of land enlistment information should be possible electronically which will later be for this situation, the execution of land enrollment like estimating, planning, and clearing is as yet dependent on Article 19 section 2 of the UUPA, just the authoritative land enrollment testament delivered alludes to Permen ATR/BPN Number 1 of 2021 so this electronic land authentication doesn’t cancel or supplant the capacity of customary land endorsement (paper) which can likewise be a legitimate lawful proof of land proprietorship in the legal interaction. Both electronic and traditional testaments have a similar situation under the watchful eye of the law or can turn out to be lawfully substantial proof dependent on Article 5 passage 2 of the ITE Law.

Tinjauan Yuridis Terhadap Hubungan Kerja Tindakan Penahanan Ijazah Pekerja Oleh Perusahaan Berdasar Undang-Undang Nomor 13 Tahun 2003 Tentang Ketenagakerjaan

I Made Chossy Narayanan — 2023-07-29

The motivation behind this paper is to decide the game plan of business relations that outcome in the detainment of a laborer's confirmation by the organization as far as Law Number 13 of 2003 concerning Manpower. Utilization of a confirmation as an assurance of work in the work arrangement between the organization and the provisional laborers. This study utilizes a standardizing legitimate technique and this examination will utilize three ways to deal with break down the issue, to be specific the legal methodology, the applied methodology, and the recorded methodology. This kind of exploration is standardizing juridical examination. This examination is an exploration on lawful synchronization. In this review, the creators utilized library research. Wellsprings of information utilizing essential information, optional information, and tertiary information. The creator gathers information utilizing different libraries, print broad communications, and web media.

The City Government's Role In Begging

Hardi Fardiansyah — 2023-08-25

The purpose of this study is to ascertain how the Bandung municipal government interacts with homeless persons and to pinpoint the factors that support and impediment this interaction. This study employs a descriptive methodology and is qualitative in nature. The research subjects include the Mayor of Bandung, the Director of the Bandung City Social Service, and the sprawl of the City of Bandung. Based on the results of the data analysis, it is feasible to draw the following conclusion: The 2019 Bandung City Regional Regulation Concerning the Treatment of Vagabonds and the Homeless regulates how the municipal government is to handle gepeng. Social services aid in efforts to rehabilitate society. According to Article 16 of the 2019 Bandung City Regional Regulation, efforts to end homelessness are conducted in four different ways: prevention, repression, social rehabilitation, and reintegration activities. The central government's support, the 2019 Regional Regulation, the existence of non-governmental groups, and community support all contribute to the Bandung City Government's attempts to manage sprawl. Two barriers are the sluggish homeless culture and the cash-on-hand culture.

Perkembangan Sistem Peradilan Pidana Di Indonesia

Gani Hamaminata — 2023-08-03

The Criminal Justice System outlined by the 1981 Criminal Procedure Code is an Integrated Criminal Justice System that is based on the principle of "functional differentiation" between law enforcement officials/agencies in accordance with the "stage of the process of authority" granted by the law. The Integrated Criminal Justice System is a system in criminal justice that becomes a reference for the implementation of a fair trial and as expected by the wider community. In the criminal justice system, there are things that must be synchronized in order to achieve a truly integrated system, namely substance, structural and cultural synchronization.

Keywords : Criminal Justice System and Criminal Procedure Code

Penerapan Pemeriksaan Saksi Secara Bersama-Sama Dalam Persidangan Perkara Pidana

Uun Ulfiana — 2023-09-09

The examination of witnesses regulated by Act No. 8 of 1981 on the Code of Criminal Procedure Law (hereinafter referred to as KUHAP) is a provision concerning formal criminal law. In the case No. PDM-242/JKTSL/10/2022 with the accused Ferdy Sambo (FS) and the case N. P.D.M-246/Jktsl/10/2022 with Princess Chandrwati (PC) there is an event conducted examination of witnesses jointly, becoming a material of investigation, whether such examination can be carried out simultaneously considering the witness in giving explanations must be independent. To respond to the focus of research in this research use normative jurisprudential research methods with conceptual approaches and legislative approaches. The conclusion is that the joint examination of witnesses is based on Article 172 (1) of the Convention. Accordingly, the public prosecutor or the accused or the legal counselor may prepare a witness of a qualitative nature, subject to the provisions of applicable law, so that the testimony of the witnesses may have a valid proof force. Furthermore, it is expected that the law enforcement agencies will be able to carry out witness examination procedures accurately and honestly in order to the objective of the examination in the trial, which is to material truth.

Penerapan Hukum Ekonomi Kerakyatan Syariah Sebagai Fundamental Pertahanan Negara Indonesia

Muhamad Afifullah — 2023-09-28

The state is obliged to defend its territory from annexation, but it also targets the economic sector with the aim of weakening the domestic and sovereign government. Many people are trapped by the interest system adopted in conventional co-operatives, because it causes disintegration between the rich and the poor. Gradually, the large gap can threaten the internal state. It also affects the rate of business productivity which is increasingly hampered, due to the substitution of domestic products by foreigners. The research uses descriptive analysis method with qualitative research type and literature study approach. The results of this study are Islamic economics and conventional people's economy have similarities, namely helping and mutual cooperation and differences in the existence of interest, while in Islamic economics using profit sharing and margins. Then the sharia people's economy can be applied as a defence of the country's economy through legislation. In order to maximise the potential of the Islamic people's economy, development is carried out on human resources and the productive sector of small and micro medium enterprises, as well as policies to limit exports and imports of products.

Tinjauan Yuridis Terhadap Perlindungan Hak Asasi Manusia Pada Pencari Suaka (Asylum Seeker)

Muhammad Fadlu — 2023-09-30

Human rights issues are humanitarian issues in international scope, and almost all countries experience these problems, including Indonesia. Asylum seekers are closely related to humanitarian law and human rights. Because in reality, asylum seekers are people whose human rights have been violated by their own country. Due to the large number of asylum seekers living in Indonesia, Indonesia has more or less had to deal with this problem. Indonesia has issued several regulations regarding the problem of asylum seekers. This shows how serious Indonesia is in responding to the problem of asylum seekers.

Perlindungan Kebebasan Berpendapat Dalam Media Sosial dalam Perspektif Ham

Putri Fithrotin Nikmah — 2023-09-30

The Unitary State of the Republic of Indonesia is a legal state based on Pancasila Democracy. Democracy itself, which is a system of government in Indonesia, has implications for equal rights and responsibilities and equal treatment for all its citizens. Every citizen is free to express his opinion in accordance with article 28E paragraph 3 of the 1945 Constitution. With today's sophisticated technology, Indonesian citizens express their opinions on existing social media networks. And in terms of freedom of expression on social media, there needs to be protection to protect against the impact of this.

Faktor Faktor Yang Mempengaruhi Dalam Upaya Peningkatan Pembayaran PBB Tahun 2022 Di Kecamatan Peterongan

Zainul Arifin — 2023-10-04

Taxes as one of the sources of state income have an important function, namely as a source of funds for the government to finance its expenses and taxes also as a tool for regulating and exercising government discretion in the socio-economic field. (Mardiasmo, 2017). In raising public awareness, it is necessary to socialize that promotes public consciousness. Thus, socialization is one of the factors that affect the compliance of the taxpayer of the building earth. The research method used is Qualitative Descriptive, using Informants in this study are Village Government Apparatus and community leaders. The results of the study show that what factors influence in the efforts to increase UN payments in 2022 In Peterongan District it can be concluded that the internal environment includes. human resources, financial resources as well as means and infrastructure

Tindak Pidana Pencurian Dengan Kekerasan

Cristian Agave Siregar — 2023-10-04

Violent theft is indeed a crime that makes society restless. The person who committed the crime was indeed from the element of coercion against him. The person dares to do so because of the weak economy and always expects a wealth that takes from someone else's. As will be discussed in this journal regarding cases of violent criminal acts decision number 1475 / Pid.B / 2023 / PN Mdn. This study contains its object regarding the crime of theft with violence, using a juridical-normative type of legal research, meaning that the legal research studied only uses secondary data or library materials. The problem that the author wants to study is how the stages of implementing the case process of decision number 1475/pid.b/2023/pn/mdn based on the criminal procedure law and what are the factors that cause a person's desire to commit theft. Thus, the defendant was sentenced to imprisonment for 3 years and was required to pay a case fee of Rp 5,000. The judge's judgment in sentencing is based on juridical and non-juridical considerations. Juridical considerations involve valid and convincing evidence showing that the accused clearly fulfilled all elements of the crime of violent theft as stipulated in article 365 paragraph (2) 2e of the Penal Code. Meanwhile, non-juridical considerations involve social values and judgments on the character of the accused, as well as factors that may aggravate or mitigate the sentence to be imposed by the judge.

Legal Effects Of Bankruptcy On Marital Couples Without A Marital Agreement

Herpandu Hadiwibowo — 2023-10-04

Male and female couples marry to have offspring. If a couple does not have a marriage agreement, it could affect the property they own together, especially if one goes bankrupt. This research is descriptive-analytical research that leads to normative juridical research. Based on the research results, it is found that in bankruptcy, the debtor (husband) cannot pay and settle debts with his creditors, resulting in a joint property without a marriage agreement being included in the bankruptcy. As a result of this decision, the debtor's wife did not accept. She filed a lawsuit with the South Jakarta District Court (Decision of the Supreme Court of the Republic of Indonesia Number 510/Pdt.G/2019/PN Jkt.Sel). It was stated that the lawsuit could not be accepted or rejected because the South Jakarta District Court lacked the authority to examine and decide on bankruptcy cases. According to the results, the union of property is the union of assets and the burden of payment. The legal consequences of marital property without a marriage agreement, if one of the parties falls into bankruptcy, the bankruptcy of the husband and wife against their joint property through a court decision will be considered joint bankruptcy by the provisions in Article 64, Paragraph 1, of Law No. 37 of 2004.

Peran Koperasi Unit Desa (KUD) Marga Bhakti dalam Program Peremajaan Sawit Rakyat (PSR) di Desa Bagan Bhakti Kecamatan Balai Jaya Kabupaten Rokan Hilir

Devi Ayu Hardiningsih — 2023-10-05

The rejuvenation of people's oil palm is one of the national strategic programs as an effort by the government to increase the productivity of oil palm plantations, by maintaining the area of land, so that oil palm plantations can be used optimally. To deal with the problem of palm oil that is no longer productive, the government created this people's oil palm rejuvenation program. The government gave instructions to all groups, both local government and the community, to be active and participate in the program, including the Balai Jaya sub-district, which took part in implementing the program. The Bagan Bhakti Village Government and also the Marga Bhakti Village Unit Cooperative are working together in running the program. The main problem is that the palm oil in Bagan Bhakti village is no longer productive which results in a decrease in income so that it is necessary to replant oil palm so that the economy in Bagan Bhakti Village is improving again. The purpose of this study was to determine the role of the Marga Bhakti Village Unit Cooperative and to find out what are the inhibiting factors in the people's oil palm rejuvenation program. This study uses the theory of Titik Sartika Pramono with indicators, building and developing the economic potential of members, improving the quality of human life, strengthening the people's economy, and creating and developing the country's economy. This study uses a qualitative research method with a descriptive approach, the data needed are primary data and secondary data through purposive sampling data collection techniques used, namely literature study, interviews, documentation, and observation. The results of the study indicate that the implementation of the program has been going well, there are only a few deficiencies in the program that have not been fulfilled. The inhibiting factor is the Marga Bhakti Village Unit Cooperative which has not been able to make the latest program for members who do not take part in the program to continue to support their income so that they remain good.

Penataan Pedagang Kaki Lima di Pasar Cik Puan Kota Pekanbaru

Intan Salwa — 2023-10-05

Cik Puan Market is one of the traditional markets in Pekanbaru. Several phenomena were discovered. One of them is the arrangement of street vendors at Cik Puan market. Where the street vendors at Cik Puan Market sell at the TPS past the operational hours. This research aims to analyze how street vendors are arranged at Cik Puan Market, Pekanbaru City and what factors inhibit this arrangement. In this research, the author used descriptive qualitative research methods. Researchers use the theory of George G. Terry (2006: 342) where the indicators used include 4 (four) indicators, namely, planning, organizing, actuating and controlling. The results of this research indicate that the arrangement of street vendors at Cik Puan Market is not fully optimal. The market still faces several obstacles in carrying out the arrangements. This can be seen from the large number of street vendors who sell past the specified selling time limit. Researchers also found several inhibiting factors in implementing this arrangement, which include human resources that are not yet optimal in terms of quantity and quality, and a lack of awareness among street vendors of the importance of complying with existing regulations.

Strategi Badan Pengawas Pemilihan Umum Kabupaten Jombang Dalam Mencegah Pelanggaran Pemilihan Umum 2019

Mita Wardiyanti — 2023-10-05

Elections are aimed at electing members of representative councils, such as the DPR, DPD and DPRD. After the IV amendment to the 1945 Constitution was implemented in 2002, the President and Vice President Election (Pilpres), which initially used the MPR (People's Consultative Assembly), was agreed to be carried out directly by the people. The 2004 presidential election was the first direct presidential election. Then the second in 2009. The third Presidential election was held directly in 2014. This activity is carried out every five (5) years (Anugerah.Thesis.2017:2018). This research aims to find out and understand what strategies Bawaslu Jombang implemented in an effort to prevent violations in the 2019 Election. The research method used was descriptive qualitative, using informants in this research who were the chairman, secretary and members of Bawaslu Jombang Regency.

Peran Peraturan Desa Nomor 07 Tahun 2021 Tentang Pendirian Badan Usaha Milik Desa (BUMDes) Sejahtera Barokah Banjarsari Terhadap Potensi Wisata Taman Banjarsari Agro Community (BAC) Di Desa Banjarsari

Dyah Rakhmawati Tri Atmayanti — 2023-10-05

Prioritization of the use of BUM Desa is managed on the basis of democratic village governance in accordance with the Regulations of the Minister of Villages, Development of Backward Regions, and Transmigration of the Republic of Indonesia. Prioritization of the use of Village BUM will be carried out openly, participatory, and provide benefits to the village community, on condition that the village head, the Village Consultative Agency (BPD), and all villagers succeed in presenting democratic governance. The priority of using BUM Desa is to finance the implementation of programs and activities in the field of village development and empowerment of village communities. The priority of using the Village BUM is publicized to the community by the village government in public spaces or spaces that are easily accessible to the village community. This study aims to understand and describe the influence of Banjarsari Village Bum Perdes No. 7 of 2021 on the Tourism Potential of Banjarsari Agro Community Park (BAC) in Banjarsari Village, Bandarkedungmulyo District, Jombang Regency. The research method used is Qualitative Descriptive, using the Informant in this study is the administrator of Bum Desa Banjarsari

Evaluasi Program Penataan Pedagang Kaki Lima Pasar Agus Salim di Kota Pekanbaru

Nurul Azmi — 2023-10-06

The existence of street vendors (PKL) is a social phenomenon that can be found in big cities. One of them is in Pekanbaru City, which is on Jalan Agus Salim. The traders who sell along Jalan Agus Salim have caused the city of Pekanbaru to become a city that is disobedient to regulations, traffic jams occur as a result of which the roads become narrower, and the environment along the roads becomes chaotic, dirty and far from healthy. The aim of this research is to determine the evaluation of the Agus Salim Market Street Vendor Arrangement Program by the Department of Trade and Industry in Pekanbaru City. This research uses Evaluation Theory according to Stufflebeam in Arikunto (2008), which uses four CIPP indicators, namely: Context, Input, Process, and Product. This type of research is qualitative research by providing an overview or descriptive problem in the form of a narrative. Collecting the necessary data, both primary data and secondary data, is collected through interviews, observation, documentation and then analyzed so that conclusions can be drawn from the existing research problem. The results of this research are evaluations which can be said to have not been optimal, because there are still inhibiting factors in its implementation, namely the lack of enthusiasm of traders to relocate and the lack of land provided for traders.

KEADILAN & TRANSPORTASI : MEMBAHAS HAM DALAM DISTRIBUSI FASILITAS TRANSPORTASI

Keisha Angeli Saputra — 2023-10-09

Perkembangan moda transportasi sangatlah pesat. Hal ini dibuktikan dengan hadirnya beragam transportasi yang ada di Indonesia, akan tetapi, dengan perkembangan tersebut tidak diseimbangi dengan pemerataan fasilitas transportasi umum yang memadai di setiap daerah-daerah di Indonesia, sehingga bisa menyinggung hak dasar atau hak asasi manusia. Penelitian ini bertujuan untuk mengetahui Peran hak asasi manusia (HAM) dalam distribusi fasilitas transportasi dengan fokus pada aspek-aspek keadilan. Keadilan dalam akses transportasi adalah hak dasar yang memengaruhi hidup setiap individu. Dalam artikel mengulas HAM terkait dengan distribusi fasilitas transportasi yang adil. Artikel ini juga menganalisis kerangka hukum yang mengatur akses transportasi dan upaya-upaya untuk memastikan bahwa distribusi fasilitas transportasi berkorelasi dengan hak-hak asasi manusia. Penelitian ini menggunakan metode penelitian yuridis normatif kepustakaan.

Analisis Minat Politik Kaum Muda Dalam Menyikapi Pemerintahan Era Jokowi 2019-2023 (Studi kasus pada mahasiswa Jombang)

Binti Nasikhatul Walidaini — 2023-10-12

This study aims to analyze the political interest of young people in Jombang during the reign of President Joko Widodo (Jokowi) and the factors that influence the political interest of young people. This type of research is qualitative, this research explores various forms of formal and non-formal political participation carried out by young people. The data collection technique used a purposive method with eight student informants spread across four universities in Jombang. Source of data obtained based on primary data and secondary data. To collect data, researchers used observation techniques, in-depth interviews, and documentation studies. The data analysis model used is data collection, data reduction, data presentation and conclusion. The results of this study indicate that the political participation of young people increased during the Jokowi administration, influenced by information disclosure, access to technology, and contemporary issues that are of concern to the younger generation. Nonetheless, there are still challenges in empowering youth political participation, including structural barriers and lack of representation in public policies. From the results of this study it can be concluded that the importance of empowering youth in the political decision-making process in Indonesia to ensure a more inclusive future of democracy and the factors causing youth's lack of interest in politics include the political perception that it is boring to discuss and follow developments. political and economic education.

Peran Pemerintah Daerah Dalam Melestarikan Situs Budaya (Studi Kasus Petilasan Tribuana Tungga dewi di desa Klinterejo Kecamatan Sooko Kabupaten Mojokerto)

M. Ridlo Habibi — 2023-10-12

Mojokerto Regency is one of the areas in East Java which has historical heritage. It is not surprising that the district has many historical relics, such as the Petilasan Tribuana Tunggadewi in Klinterjo Village, Sooko District, Mojokerto Regency. This study uses a qualitative method. Technical analysis of this data using descriptive qualitative. The data collection technique uses the snowball method with four informants. Source of data obtained based on primary data and secondary data. To collect data researchers used observation techniques, in-depth interviews, and documentation. The data analysis model used is data collection, data reduction, data presentation, and drawing conclusions. This study aims to determine the form of the role of local governments in preserving cultural sites up to their utilization and also to determine the supporting and inhibiting factors in preserving cultural sites. The results of this study indicate that there are several stakeholders who are responsible for preserving the Tribuana Tunggadewi ruins, where the Tribuana Tunggadewi ruins are included in the National Cultural Heritage Area (KCBN). This is what plays an important role in the preservation of the ministry, this has been regulated in the Cultural Heritage Law No. 10 of 2011. As is the case in excavations where this is carried out by the East Java Region XI Cultural Preservation Center (BPK) under the supervision of the ministry, this makes the Mojokerto district government in its utilization was hindered by regulations from the ministry, but the existence of this partition did not make the role of the Mojokerto district government hands off as a regulator such as outreach to the residents of Klinterjo village in collaboration with the local village government and also from BPK region XI East Java. While the facilitator is like in making roads leading to the petilasan area or supporting facilities such as building a prayer room in the petilasan area, toilets, and the pavilion. From the results of this study it can be concluded that the preservation of the Tribuana Tunggadewi ruins has stakeholders who oversee the preservation of cultural heritage, both from the central, district and village governments.

Evaluasi Implementasi Peraturan Daerah Nomor 03 Tahun 2018 Tentang Pajak Parkir Di Kota Pekanbaru

Elsa Monika — 2023-10-14

Regional Original Revenue (PAD) is a source of regional revenue that comes from several regional revenues and one of them is obtained from local tax revenues, one type of which is parking tax. In order to regulate parking tax management, Pekanbaru City Regional Regulation Number 03 of 2018 concerning Parking Tax was issued, which is implemented by the Pekanbaru City BAPENDA. In the Pekanbaru City Regional Regulation Number 2 of 2011 concerning Parking Tax in article 1 point 8, it states that "Parking Tax is a Tax on the administration of parking lots outside the road body, whether those provided are related to the principal business, including the provision of motorized vehicle parking spaces". The purpose of this study is the first to find out the evaluation of the implementation of Regional Regulation No. 2 of 2011 concerning Parking Tax in Pekanbaru City. The second is to identify the inhibiting factors of Regional Regulation Number 2 of 2011 concerning Parking Tax in Pekanbaru City. The theory used is William N. Dunn's theory using 6 indicators, namely: Effectiveness, Efficiency, Adequacy, Equity, Responsiveness, and Accuracy. This research uses a type of descriptive analysis qualitative research. Using interview data collection techniques, observation and documentation. `The results of this study found that the implementation of regional regulations handled by the Pekanbaru City Regional Revenue Agency was quite satisfactory or good enough, although there were still some deficiencies in it, such as in terms of communication with third parties, there was still a lack of understanding by taxpayers of the importance of taxes, non-tax resources. people, as well as socio-economic conditions that affect the implementation of these regulations. So that there is still a need for improvement in implementing this regional regulation. So that the process of implementing the Pekanbaru City Regional Regulation Number 03 of 2018 Regarding Tax can run optimally and optimally, various factors and needs must always be improved to achieve the goals of the regulation.

Dampak Dari Trims Agreement Terhadap Perekonomian Domestik Pasca Reformasi: Kajian Pengembangan Hukum

Angga Putra Pratama — 2023-10-19

This article has a discussion of the impact of the TRIMs agreement for Indonesia. In this article we will discuss the TRIMs agreement, utilization during the transition period, and a series of efforts made by the government to increase investment value. This research uses normative legal research methods, while the approaches used are legislative, sociological and comparative literacy studies approaches. The results of this research show that Indonesia is implementing the TRIMs Agreement, taking it into account during the transition period. The government is trying to increase investment, including legal protection, improving human resources, a conducive investment environment, digital technology, innovative approaches, and simplifying the investment process. Therefore, the recommendation is that the government must strengthen investment regulations and policies that pay attention to the development of society and the business world, as well as increase investment and continue to create a profitable investment climate. With various efforts and good cooperation, investment in Indonesia is expected to reach the point of independence and always have a positive impact on economic growth after the Reformation.

Aktualisasi Mekanisme Investor State Dispute Settlement (ISDS) Dalam Sengketa Joint Venture Investor Asing Dengan Pemerintah Di Indonesia

Syifa Rahmatul Ummah Arif — 2023-10-20

Foreign investment and business cooperation through joint ventures have emerged as key drivers of Indonesia's economic growth. The increasing influx of foreign investment into Indonesia has, in turn, given rise to disputes between foreign investors and the Indonesian government. Consequently, Indonesia has sought to introduce legal instruments for the resolution of foreign investment disputes. Based on this premise, the author aims to delve deeper into the actualization of the Investor-State Dispute Settlement (ISDS) mechanism in disputes involving foreign investors and the Indonesian government within joint ventures. The examination of the role of the ISDS mechanism in this context is crucial to ensure the protection of investor rights and the provision of legal certainty. The research methodology employed is normative-juridical, utilizing literature review as an approach. The results of this study reveal that investment disputes persist between foreign investors and the Indonesian government due to diverging interests, violations of joint venture agreements, particularly changes in legislation that tend to restrict or disadvantage foreign investors. Consequently, foreign investors often find themselves adversely affected by government policies.