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All Journal Lentera Hukum Veritas et Justitia Unes Law Review Welfare State Jurnal Hukum
Kumala Sari, Nuzulia
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Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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The Application of the MFN Principle into 'the Over Top Companies' in Investment Activities of Indonesia Ansory, Wachid Aditya; Widiyanti, Ikarini Dani; Kumala Sari, Nuzulia
Lentera Hukum Vol 6 No 2 (2019): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v6i2.11254

Abstract

The Most-Favored-Nation (MFN) principle is one of international consensuses, especially for countries registered as members of the World Trade Organization (WTO). The principle is related to investment and international trade within the framework of economic liberalization. At its core, the MFN principle ensures equitable treatment of all parties economically active within a country. Recently, in Indonesia, the Over Top company conducted business activities without paying taxes to the government. The case of the Over Top company highlights an unfair business situation in Indonesia, enabled by the Indonesian government through a poorly established monitoring system and codification of laws. This study argues that the absence of taxation, regulation, and fraud laws for the Over Top Companies in Indonesia, and the Indonesian government is responsible for the enforcement and maintenance of tax laws and the MFN principle for all entities conducting business in the state. Keywords: MFN Principle, Over Top Companies, Investment in Indonesia.
Perlindungan Hukum Bagi Investor di Sektor Pariwisata Renisitoresmi, Lovienna; Widiyanti, Ikarini Dwi; Kumala sari, Nuzulia
Lentera Hukum Vol 3 No 1 (2016): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v3i1.5360

Abstract

Indonesia is a country that has a variety of cultures and traditions in each region. In these cultural variations, each region will strive to create an object of tourism. With a large tourism object then it can be a contributor to foreign exchange for the Indonesian economy. Tourism is a prospective sector with a relatively large increase in investment realization. This increase is supported by the government's plan to enact Presidential Regulation number 39 of 2014 on closed business field and business field open to investment as supporting Law Number 25 the Year 2007 regarding Investment. The existence of sectors that support natural resources in Indonesia that can be utilized in the tourism sector, so this is where there are domestic and foreign investors who want to build more modern tourist objects. Indonesia needs to create a conducive investment climate, promotive, providing legal certainty, justice, and efficiency while maintaining national economic interests. KEYWORDS: Tourism Sector, Indonesian Culture, Investor, Legal Certainty, Legal Protection.
Penerapan UU Nomor 28 Tahun 2014 Terhadap Perlindungan Hukum Atas Hak Cipta Lagu dengan Cover Lagu di Media Sosial Ali Mufthi, Fikri; Kumala Sari, Nuzulia; Fahamsyah, Ermanto
WELFARE STATE Jurnal Hukum Vol. 3 No. 1 (2024): April
Publisher : Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56013/welfarestate.v3i1.2746

Abstract

IIndonesian people are already familiar with music covers uploaded on social media. The formulation of the problem of this research is what laws include copyright for musical works on social media as well as copyright infringement on social media, what types of music are not commercial, as well as cover music that benefits the creator. The aim of this research is to understand the law regarding work copyright and its violations, the application of non-commercial music covers that comply with the provisions of the law and music covers that benefit music creators. The research methods used are doctrinal law and descriptive research. The type of data used is secondary data using library research methods. The analysis in this research is qualitative. Based on the results and discussion above, the activity of covering music on social media is considered a copyright violation because it violates the moral and economic rights of the creator or copyright holder, but if it is non-commercial in nature, this can be profitable for the music creator even if the song cover is from the original creator.
Peran Hak Kekayaan Intelektual terhadap Industri Hijau di Indonesia Irfandianto, Mohammad; Fahamsyah, Ermanto; Kumala Sari, Nuzulia
WELFARE STATE Jurnal Hukum Vol. 3 No. 1 (2024): April
Publisher : Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56013/welfarestate.v3i1.2815

Abstract

Legal Protection of Intellectual Property Rights (IPR) has an important role in encouraging innovation and development of environmentally friendly products. Through patents, copyrights, and brand rights, industry players, researchers, and creators are encouraged to create new environmentally friendly solutions. This legal protection aims to encourage innovation and product development by incentivizing rights owners to engage in research and development that benefits society and the environment. This research uses a descriptive method of analysis with a focus on problems which are then analyzed based on reference sources such as laws and regulations, scientific journals, and relevant books. The data collection technique through literature study, in this case, data collection is related to the role of intellectual property rights in the green industry. Intellectual Property Rights have an important role to protect the green industry, with the protection of IPR it will provide efforts to encourage the community to be more innovative in green industry activities and access to technology needed to improve the environment. IPR protection will also greatly affect the development of the national economy and society.
Penegakan Hukum Terhadap Ketidaksesuaian Pemberian Upah Minimum Pekerja Di Era Globalisasi Ekonomi Rahman, Irham; Suwadji; Fahamsyah, Ermanto; Kumala Sari, Nuzulia
UNES Law Review Vol. 6 No. 4 (2024): UNES LAW REVIEW (Juni 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.1964

Abstract

The influence of economic globalization that is occurring in the current era has become a challenge for developing countries in the progress of national economic growth. To face these challenges, Indonesia made a legal breakthrough by enacting a law using the omnibus law method, namely Law Number 6 of 2023 concerning Job Creation (UU Job Creation). Apart from the polemic in the process of forming this law, the Job Creation Law issued a special Government Regulation relating to the latest minimum wage for workers. However, the legal issue still cannot be resolved because there are still workers who have not received the wages they should. The problem in this research is how to enforce the law regarding discrepancies in providing minimum wages for workers. The research method used in this research is normative research by examining related norms. And this research approach uses a statutory approach and a case approach. The results of this research are that law enforcement regarding non-compliance with the minimum wage for important workers is carried out by increasing inspections and supervision, namely by carrying out frequent inspections and supervision in workplaces. Administrative sanctions, legal demands. This can be done through courts or employment dispute resolution bodies, and campaigns and Advocacy, namely labor organizations publishing the names of violators as a more transparent form of law enforcement.
PERLINDUNGAN KONSUMEN PANGAN REKAYASA GENETIKA: RASIONALITAS DAN PROSPEK Efendi, A'an; Ochtorina Susanti, Dyah; Kumala Sari, Nuzulia
Veritas et Justitia Vol. 8 No. 2 (2022): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v8i2.5401

Abstract

As a general observation we can say that there exists imbalance of power between producers and consumers of genetically engineered food. This paper, using a doctrinal legal approach, examines three issues: 1) the rationality of protecting consumers of genetically engineered food, 2) the rights of consumers of genetically engineered food, and 3) the effectiveness of consumer protection for genetically engineered food.  Arguably, the same situation exists between producers and consumers of genetically engineered food. Disparities and power imbalance relating to knowledge, capital – or simply power – determines the answer to those questions above.
PERLINDUNGAN KONSUMEN PANGAN REKAYASA GENETIKA: RASIONALITAS DAN PROSPEK Efendi, A'an; Ochtorina Susanti, Dyah; Kumala Sari, Nuzulia
Veritas et Justitia Vol. 8 No. 2 (2022): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v8i2.5401

Abstract

As a general observation we can say that there exists imbalance of power between producers and consumers of genetically engineered food. This paper, using a doctrinal legal approach, examines three issues: 1) the rationality of protecting consumers of genetically engineered food, 2) the rights of consumers of genetically engineered food, and 3) the effectiveness of consumer protection for genetically engineered food.  Arguably, the same situation exists between producers and consumers of genetically engineered food. Disparities and power imbalance relating to knowledge, capital – or simply power – determines the answer to those questions above.
Penegakan Hukum Terhadap Ketidaksesuaian Pemberian Upah Minimum Pekerja Di Era Globalisasi Ekonomi Rahman, Irham; Suwadji; Fahamsyah, Ermanto; Kumala Sari, Nuzulia
UNES Law Review Vol. 6 No. 4 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.1964

Abstract

The influence of economic globalization that is occurring in the current era has become a challenge for developing countries in the progress of national economic growth. To face these challenges, Indonesia made a legal breakthrough by enacting a law using the omnibus law method, namely Law Number 6 of 2023 concerning Job Creation (UU Job Creation). Apart from the polemic in the process of forming this law, the Job Creation Law issued a special Government Regulation relating to the latest minimum wage for workers. However, the legal issue still cannot be resolved because there are still workers who have not received the wages they should. The problem in this research is how to enforce the law regarding discrepancies in providing minimum wages for workers. The research method used in this research is normative research by examining related norms. And this research approach uses a statutory approach and a case approach. The results of this research are that law enforcement regarding non-compliance with the minimum wage for important workers is carried out by increasing inspections and supervision, namely by carrying out frequent inspections and supervision in workplaces. Administrative sanctions, legal demands. This can be done through courts or employment dispute resolution bodies, and campaigns and Advocacy, namely labor organizations publishing the names of violators as a more transparent form of law enforcement.
Co-Authors Ali Mufthi, Fikri Ansory, Wachid Aditya Dyah Ochtorina Susanti Efendi, A'an Ermanto Fahamsyah Ikarini Dani Widiyanti Irfandianto, Mohammad Irham Rahman Rahayu, Siti Ayu Renisitoresmi, Lovienna Suwadji Widiyanti, Ikarini Dwi