International Journal of Social Service and Research

LEGAL CONSEQUENCES FOR LICENSEES IN THE EVENT OF INTELLECTUAL PROPERTY RIGHT (IPR) OWNER BANKRUPTCY

Dhea Yulia Maharani, Herman Bakir — Tue, 17 Dec 2024 00:00:00 +0000

This research discusses the legal consequences that arise for licensees when the owner of Intellectual Property Rights (IPR) experiences bankruptcy. The background of this research is the legal uncertainty regarding the fate of licenses granted by an IPR owner declared bankrupt, considering that the assets of the owner, including IPR, become part of the bankruptcy estate. The research method used is normative legal research, with a legislative approach and analysis of relevant court decisions. This research also uses secondary data in the form of related legal literature. The findings indicate that the bankruptcy of the IPR owner can potentially affect the rights and obligations of the licensee, especially concerning the continuity of the granted license. In some cases, the curator handling the bankruptcy estate has the authority to decide to continue or terminate the license agreement. However, legal protection for the licensee depends on the content of the license agreement and applicable legal provisions. Thus, the licensee is at risk of losing their licensing rights if there is no clear provision in the agreement or adequate legal protection from the law. This research recommends clearer regulations to protect licensees in situations where the owner of IPR experiences bankruptcy.

GAPS IN THE IMPLEMENTATION OF GOVERNMENT-PRIVATE PARTNERSHIPS (PPP) IN INFRASTRUCTURE DEVELOPMENT

Andriansyah Tiawarman K., Rineke Sara — Wed, 18 Dec 2024 00:00:00 +0000

Infrastructure is one of the most important pillars in the development of a civilization, especially for archipelagic countries like Indonesia, which faces unique geographical challenges. The gap in the implementation of Government and Business Entity Cooperation (KPBU) in infrastructure development in Indonesia has become an increasingly pressing issue to address. This research discusses the importance of regulatory renewal in Government-Private Partnerships (PPP) to address existing gaps. The research utilized various data sources, including legislative texts, government regulations, legal documents, and policy papers relevant to PPP in Indonesia. The analytical approach allowed for a deeper exploration of the dynamics and implications of the existing regulations, focusing on their effectiveness and applicability in real-world scenarios. The author was able to articulate the challenges faced in the application of PPP regulations and propose targeted recommendations for regulatory renewal and improvement. This study could involve comparative analyses of best practices in regulatory frameworks from other countries that have successfully addressed similar infrastructure challenges, providing valuable insights for the Indonesian context. Ultimately, this research could contribute to creating a more responsive and adaptive regulatory framework that supports sustainable and equitable infrastructure solutions in Indonesia, ensuring that the needs of society are met while fostering a conducive environment for investment.

FROM INFLUENCE TO EXPLOITATION: UNVEILING CORRUPTION DYNAMICS IN THE PALM OIL INDUSTRY

Sari Wardhani, Ni Made Martini Putri — Fri, 20 Dec 2024 00:00:00 +0000

This study examines the complexity of corruption networks in the palm oil industry, focusing on the roles of state and corporate actors upstream and downstream. Using Social Network Analysis (SNA) of two corruption cases with data from investigation reports and court decisions, key actors and their relationships are analysed through degree centrality, eigenvector and modularity metrics. The results identified that actors have various roles, such as organisers, influencers, intermediaries, or simply communicators. Corporate actors dominate in upstream corruption involving illegal palm oil licences. Corporate actors dominate as initiators, exploiting regulatory weaknesses with state facilitation. In contrast, corruption in downstream palm oil revolves around crude palm oil (CPO) export fraud, with state actors as initiators organising systemic collusion so that corporate actors benefit from the manipulated system. The findings reveal adaptive corruption networks characterised by hierarchical structures and reciprocal solid relationships between actors. The study highlights the systemic nature of corporate-state crime in the palm oil industry by emphasising the dynamic role of influence and exploitation. Interventions against corruption cannot take a dyadic approach but must be comprehensive by disrupting corruption networks in weak governance.

THE DYNAMICS OF CRIMINAL PROCEDURE LAW ENFORCEMENT RELATED TO THE ELIMINATION OF THE INVESTIGATION STAGE IN THE DRAFT CRIMINAL PROCEDURE CODE

Rochmadi Rochmadi, Boy Nurdin — Tue, 17 Dec 2024 00:00:00 +0000

This study examines the impact of the elimination of the investigation stage in the Draft Criminal Procedure Code (RUU KUHAP) on the dynamics of criminal law enforcement in Indonesia. The study utilizes various data sources, including legislative texts, government regulations, judicial decisions, and academic literature related to the topic, in order to understand the legal foundation governing the issue. The author analyzed the data through a qualitative approach, employing comparative legal analysis to evaluate the implications of various legal provisions, exploring their effectiveness and relevance in law enforcement practice. Furthermore, the author engaged in thematic analysis to explore the broader impacts of these reforms on legal practice and the enforcement of the criminal law, assessing the effectiveness and relevant of the existing legal framework in light of the proposed reforms. The results demonstrate that the abolition of the investigator position in the draft criminal procedure code has significant implications for the criminal procedural law system in Indonesia, paving the way for further discussions on improving criminal procedure and enhancing the effectiveness of law enforcement. This research could contribute to refining the legal framework and operational practices in Indonesia to ensure a balance between effective crime control and the protection of civil liberties.

THE DEADLINE FOR DEPARTURE PREVENTION FROM AN IMMIGRATION LAW PERSPECTIVE

Ratna Pristiana Mulya, Suparno Suparno — Tue, 17 Dec 2024 00:00:00 +0000

This study aims to highlight the critical need to update the provisions on departure prevention in Indonesia's Immigration Law, specifically addressing the legal uncertainty arising from the phrase "at any time" in Article 97 Paragraph (1), which has the potential to cause prevention without an exact time limit. The study utilized a qualitative approach, employing a combination of legal analysis and empirical observation. The case approach allowed the author to analyze court decisions or concrete cases related to departure prevention, providing insights into how these regulations were implemented in practice and their implications for individual rights. The analysis focused on the implications of these legal frameworks for individuals' rights and the effectiveness of departure prevention measures, drawing connections between legal norms and their practical outcomes. The research provides a foundation for further discussions on enhancing legal certainty and protecting individual rights within the immigration framework, thereby contributing to the overall improvement of the legal system in Indonesia.

LEGAL VACANCY IN PROTECTION OF VICTIMS OF PERSONAL DATA MISUSE FOR FICTITIOUS BANKING CREDIT

Miftahul Azis, Zudan Arief Fakrulloh — Wed, 18 Dec 2024 00:00:00 +0000

Personal data have become a critical issue in the era of global connectivity, where the use of mobile devices such as smartphones and tablets connected to the internet has created an increasingly complex communication network. In recent years, there has been a significant increase in cases of personal data abuse in the banking sector, especially concerning fraudulent loan applications. This study aims to identify the factors that create a legal vacuum in the protection of victims of data abuse. This research adopts a normative legal methodology aimed at examining various legal regulations in Indonesia related to personal data protection. The findings can serve as a foundation for further research aiming at developing comprehensive legal solutions and enhancing victim support mechanisms.

LEGAL UNCERTAINTY IN DIGITAL APPLICATION-BASED TRANSPORTATION SERVICES

M. Adi Putra, Rineka Sara — Tue, 17 Dec 2024 00:00:00 +0000

The rise of app-based transportation services has led to a shift in lifestyle from conventional to online, from shopping needs to public transportation orders and various other services. The study aimed to explore the legal uncertainty that currently exists in the regulation of apps-based transport services, as well as the barriers and efforts to create legal certainty in this context. This study analyzed the data through a qualitative approach, employing a combination of legal analysis and comparative methods. The results show that the lack of clear regulations regarding the use of two-wheeled vehicles as public transport creates significant weaknesses within the industry. The lack of fair competition principles in Indonesia is an important concern in the context of transportation regulation. This work provides valuable insights for policymakers, regulators, and stakeholders involved in the transportation sector, suggesting pathways for improving regulatory clarity and effectiveness. By analyzing these areas, future research could contribute valuable insights to aid policymakers in creating a more coherent, effective, and responsive regulatory environment that supports the sustainable growth of the app based transportation sector while ensuring the safety and protection of all parties involved. This research could include comparative analyses of successful regulatory models from other jurisdictions that have effectively harmonized their regulations while fostering innovation and consumer protection.

LEGAL UNCERTAINTY IN GOVERNMENT REGULATION NUMBER 51 OF 2020 REGARDING THE TEN-YEAR PASSPORT VALIDITY PERIOD

Komang Trisna Diatmika, Rineke Sara — Tue, 17 Dec 2024 00:00:00 +0000

This study examines the legal uncertainty arising from the implementation of Government Regulation No. 51 of 2020 concerning the change in passport validity from 5 years to 10 years, as well as the need for legal reform to address the issue. Legal uncertainty occurs due to the absence of clear implementing regulations, thus affecting the effectiveness of policy implementation in the field of immigration administration, including tariff adjustments and management of passport forms. The purpose of this study is to analyze the lack of clear implementing regulations and their impact on immigration administration, proposing solutions such as creating comprehensive guidelines, legal harmonization, and system updates to ensure policy execution. This research utilizes the normative method to analyze the legal uncertainty surrounding Government Regulation Number 51 of 2020 by examining the relevant legal standards. This study finds that the enactment of Government Regulation No. 51 of 2020 has created legal uncertainties, particularly regarding the transition for existing passports, fee adjustments, and administrative procedures. These ambiguities may disrupt immigration services and confuse both the public and immigration officers, calling for clear guidelines and implementing regulations to ensure the smooth execution of the policy. This study recommends legal reform by preparing comprehensive implementing regulations, harmonization with related laws, and updating the administrative system to support policy implementation. This study suggests a more adaptive legal framework and increases the capacity of technology and human resources to face future immigration challenges.