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How Do International Economic Laws Impact Sustainable Development Goals? Zuhra, Amalia; Sabirin, Ahmad
ADLIYA: Jurnal Hukum dan Kemanusiaan Vol 18, No 2 (2024): ADLIYA: JURNAL HUKUM DAN KEMANUSIAAN
Publisher : Fakultas Syariah dan Hukum UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/adliya.v18i2.35985

IEL plays an important role in achieving the SDGs which is influenced by the design and application of the law. International trade agreements can limit government policies that support sustainable development, while international financial regulations affect the flow of funds for sustainable projects. The role of multilateral development banks and international investment is significant in supporting the SDGs. This study examines the extent to which IEL affects the implementation of the SDGs and recommends best practices and strategies that can be adopted to increase IEL's contribution to sustainable development. This research uses a qualitative approach and analyzes legal documents, case studies, and expert interviews. The interesting findings of this study show that the IEL supports the rule of law by promoting transparency and accountability. However, there are still challenges such as power imbalances between developed and developing countries, legal compliance, and the integration of IELs with the SDGs. In addition, IELs can support or hinder the SDGs, depending on their design and implementation. The impact of free trade agreements on the SDGs shows the economic and environmental benefits as well as the challenges of inequality and environmental degradation. Meanwhile, the recommendations that can be given from this study are that to increase IEL's contribution to the SDGs include the integration of sustainable policies in trade agreements, green investment, strengthening law enforcement mechanisms, transparency and stakeholder participation, and the development of international cooperation.

The Reporting Delay Of Acquisition Of Companies In The Post Merger Notification System According To The Law Of Business Competition In Indonesia Sabirin, Ahmad
Journal of Economic and Business Law Review Vol 2 No 2 (2022): Journal of Economic & Business Law Review
Publisher : Pusat Kajian Hukum Perbankan Fakultas Hukum Universitas Jember

The implementation of post-merger notification in Indonesia makes it very difficult for the reporting itself and the finances of business actors. For that, the authors recommend that the implementation of the pre-merger notification is a good thing to be implemented in Indonesia, where the pre-merger notification system has been tested in several countries in the United States, Australia, Japan, South Korea, and Germany as well as several ASEAN member countries, such as Thailand, Singapore and the Philippines. Thus, business actors wishing to merge have made prior reports and notifications to KPPU, so that in conducting assessment, monitoring and supervision can prevent monopolistic practices and unfair business competition. As far as possible, this will provide many advantages and efficiency both for business actors and for KPPU in conducting monitoring and supervision due to the practice of mergers.

How Do International Economic Laws Impact Sustainable Development Goals? Zuhra, Amalia; Sabirin, Ahmad
ADLIYA: Jurnal Hukum dan Kemanusiaan Vol. 18 No. 2 (2024): ADLIYA: Jurnal Hukum dan Kemanusiaan
Publisher : Fakultas Syariah dan Hukum UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/adliya.v18i2.35985

IEL plays an important role in achieving the SDGs which is influenced by the design and application of the law. International trade agreements can limit government policies that support sustainable development, while international financial regulations affect the flow of funds for sustainable projects. The role of multilateral development banks and international investment is significant in supporting the SDGs. This study examines the extent to which IEL affects the implementation of the SDGs and recommends best practices and strategies that can be adopted to increase IEL's contribution to sustainable development. This research uses a qualitative approach and analyzes legal documents, case studies, and expert interviews. The interesting findings of this study show that the IEL supports the rule of law by promoting transparency and accountability. However, there are still challenges such as power imbalances between developed and developing countries, legal compliance, and the integration of IELs with the SDGs. In addition, IELs can support or hinder the SDGs, depending on their design and implementation. The impact of free trade agreements on the SDGs shows the economic and environmental benefits as well as the challenges of inequality and environmental degradation. Meanwhile, the recommendations that can be given from this study are that to increase IEL's contribution to the SDGs include the integration of sustainable policies in trade agreements, green investment, strengthening law enforcement mechanisms, transparency and stakeholder participation, and the development of international cooperation.

Has Indonesia Safeguarded Traditional Cultural Expressions? Setiyono, Setiyono; Keumala, Dinda; Sabirin, Ahmad; Nursantih, Nadia
Jambura Law Review VOLUME 6 NO. 2 JULY 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v6i2.24106

The Government of the Republic of Indonesia recognized the importance of intellectual property in folklore since the 1982 Copyright Law was enacted (Article 10 of Law No. 6/1982). The study seeks to understand what obstacles Indonesia faces in protecting tribal peoples' communal rights over traditional cultural expressions, also called expressions of folklore in the digital age, and how other nations are resolving them. What is Indonesia's plan for developing and safeguarding traditional cultural manifestations in the digital age, as seen from other nations? The study employs a case-based, normative legal research methodology. The findings, an urgent need for specific institutions that control access benefit sharing from usage by foreign parties, as well as a special anti-theft task force for communal intellectual property rights in the digital era that takes the form of a support organization for tribal peoples. To increase cooperation in the inventorying and documentation of Tribal peoples who own collective intellectual property, optimization also calls for coordination of involvement between the federal government, local governments, and autonomous bodies operating under them, such as the Ministry of Tourism, the Creative Economy Agency, and Tribal peoples' organizations.

The establishment of LAPS SJK in the trajectory of history viewed from the politics of Indonesian law Setiyono, Setiyono; Keumala, Dinda; Sabirin, Ahmad; Rahmat, Nur Ezan; Suzaini, Syaqila Binte; Bayuaji, Anandayu Pavita
Jurnal Hukum Novelty Vol. 15 No. 1 (2024)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26555/novelty.v15i1.a28385

Introduction to the Problem: The history of the formation of the LAPS SJK is based on the importance of consumer protection in the financial services sector. According to the law concerning the role of the Financial Service Authority, the institution is given the authority to facilitate the settlement of complaints from consumers who are harmed by the finance actors. The OJK then issued regulation (POJK) Number 1/POJK.07/2014 concerning Alternative Dispute Resolution Institutions in the Financial Services Sector (LAPS SJK) which was later replaced by regulation Number 61/POJK.07/2020.Purpose/Objective Study: This research examines, how is the history of the LAPS SJK formation and how is the legal politics of the formation.Design/methodology/Approach: This research is normative, using a historical approach. It applies a descriptive method with the secondary data.Findings: The interesting finding is that the establishment of LAPS SJK is to protect consumers in the event of a dispute with the financial actors, so the legal politics regulating the LASP SJK should be an integrated part of the political scheme of consumer protection law. Institutionally, the legal politics of establishing LAPS SJK is motivated by 3 (three) reasons. The initial reason is the establishment of OJK which has a determinant role and function to supervise integrated financial services business activities for the capital market, banking, and non-banking sectors. Another reason is the reality of the advanced development of technology in the global financial services sector, and the last reason is the need of the parties involved in the financial services sector industry; both consumers and finance actors who need an ideal non-court dispute resolution institution.Paper Type: Research Article

SOLUSI POTRET PROBLEMATIKA MATERI MUATAN REGULASI DALAM PENANGANAN COVID-19DI INDONESIA Sabirin, Ahmad; Duta Adhiyaksa, Febrian; Shafira Widianti Apcar, Janna
UNES Law Review Vol. 4 No. 3 (2022)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v4i3.232

The COVID-19 pandemic has had a tremendous impact, ranging from the economic crisis to public health, which is the government's focus in minimizing the impact of the Covid-19 pandemic. The type of research used in this research is juridical-normative. And the purpose of this research, namely; 1) describe the regulations issued by the Central and Regional Governments in dealing with the Covid-19 Pandemic, 2) and describe solutions to overcome regulatory problems issued by the Central and Regional Governments during the Covid-19 Pandemic. The government in issuing several regulations looks inconsistent, for example; the difference in the definition of PSBB as regulated in PP No. 21 of 2020 with that regulated in the Quarantine Law. Then, regarding the Instruction of the Minister of Home Affairs Number 15 of 2021 which is considered to have neglected the regulations above. Problems with existing regulations, the government needs to break the chain of spread of the Covid-19 pandemic with the product of regulations based on the Tiered Law Theory by Hans Nawiasky. This theory then when associated with problems in Indonesia can make Article 34 paragraph (3) of the 1945 Constitution and Law no. 6 concerning Health Quarantine is a reference for the government in formulating the rules under it, in matters relating to regulations during the Covid-19 pandemic so that it becomes a solution in overcoming the regulatory problems of handling the Covid-19 pandemic.

The Form and Pattern of Business Actors Requirements in Exclusive Dealing: A Rule of Reason Approach Tri Anggraini, Anna Maria; Sabirin, Ahmad; Rumahorbo, Yoel Nixon A
Yustisia Vol 12, No 2: August 2023
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v12i2.73316

Tying is usually defined as the dominant company selling one product since the buyer must also purchase a different product or agree not to purchase the bonded product from other suppliers. This paper analyzes requirements imposed by the reported business actor on other parties deemed to have violated the tying and bundling under competition law in Indonesia, the U.S., and the European Union. Also, it discusses the application of the Rule of Reason by the competition commission in these three region. This study uses a comparative law approach. The results of the analysis show that a tying agreement is an agreement that requires the recipient of the supply to buy other products that are not necessarily needed. Usually, these agreements are entered into by two affiliated companies or at least cooperating partners, one of which occupies a dominant position to prevent competitors from entering the relevant market. Not all tying agreements have a negative impact. Therefore, an impact analysis is needed through a rule of reason approach, especially in digital-based industries.

Reimagining Judge Oversight: Duties and Functions of the Judicial Commission in Action Kadir, Anita; Sabirin, Ahmad; Suzaini, Syaqila Binte
Jurnal Kajian Pembaruan Hukum Vol. 6 No. 1 (2026): January-June
Publisher : University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jkph.v6i1.53703

In recent years, public confidence in the Indonesian judiciary has continued to decline due to repeated cases involving judicial corruption, abuse of authority, and violations of the judicial code of ethics. This condition highlights the need for a stronger and more independent supervisory mechanism capable of ensuring accountability, transparency, and integrity within the judicial system. This paper examines the urgency of judicial supervision reform in Indonesia through strengthening the duties and functions of the Supreme Court as an external supervisory institution for judicial power. The rise of ethical violations, allegations of bribery, and independent behaviour by some judges threatens the principles of the rule of law and the supremacy of the constitution. This research uses a normative juridical method. The findings show that the authority of the Supreme Court, which is limited to the recommendatory function, without the right to impose direct sanctions or conduct investigations into alleged criminal acts by judges, causes institutional disharmony, legal uncertainty, and a low level of implementation of the Supreme Court's recommendations. The design of the authority of the Supreme Court in the current positive legal framework is not adequate to answer the demands of judicial reform and the restoration of public trust. The proposal includes expanding the authority of the Constitutional Court to impose administrative sanctions directly, including the possibility of dismissing judges in cases of serious ethical violations, as well as granting limited investigative authority for violations related to the code of ethics and the integrity of judges. This strengthening is important to avoid the dominance of the Supreme Court's internal supervision, which has the potential to give birth to judicial tyranny, as well as to affirm the position of the Supreme Court as an effective auxiliary organ in ensuring the accountability, independence, and professionalism of judges in the Indonesian judicial system.

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