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All Journal Jurnal Komunikasi Hukum Jurnal Yustika: Media Hukum dan Keadilan
Kang, Cindy
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Law, Crime, Criminology & Criminal Justice Social Sciences

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The Applicability Of Force Majeure Clause During The Covid-19 Pandemic In Indonesia And France Kang, Cindy; Quentin, Pinsolle-Dubourg; Gia Phuc, Dao; Tan, David
Jurnal Komunikasi Hukum Vol 7, No 2 (2021): Agustus, Jurnal Komunikasi Hukum
Publisher : Jurusan Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/jkh.v7i2.38838

Abstract

The Covid-19 pandemic that has occurred almost all over the world has had a very significant impact on various aspects. In this regard, the pandemic has directly or indirectly affected international trade. International business contracts are one of the essential elements in carrying out an international trade. The covid-19 pandemic that has occurred has resulted in implications and disruption to the ongoing contracts carried out on international scale. The current pandemic has raised a question, whether if the covid-19 pandemic can be classified as a force majeure circumstances or not. Reflecting on these problems, this study will examine the rules and regulations of force majeure from the legal perspective of Indonesia and France as countries that have adopted the civil law legal system. In addition, this study also discusses about the impacts of the covid-19 pandemic on international trade contracts. This study uses normative legal research methods, namely methods based on written regulations and literature that examines aspects of theories, structure, and legal explanations related to the material in this research. The approach used in writing this journal is a comparative approach which is to compare the legal regulations in Indonesia and France. From the second data sources obtained, it is found that there are some differences between Indonesian and French laws regarding force majeure. The Indonesian civil code does not explicitly mention force majeure, but calls it as a state of coercion. Meanwhile, civil law in France clearly mentions force majeure in the France Civil Code. Related to the covid-19 pandemic which is classified as a force majeure condition, the parties bound in international business contracts can renegotiate the contracts they made.
Tantangan Penegakan Hukum Hak Kekayaan Intelektual dalam Pengembangan Ekonomi Kreatif di Era Revolusi Industri 4.0 Sutra Disemadi, Hari; Kang, Cindy
Jurnal Komunikasi Hukum Vol 7, No 1 (2021): Februari, Jurnal Komunikasi Hukum
Publisher : Jurusan Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/jkh.v7i1.31457

Abstract

Currently, the world is facing changes in the industrial world which can be called the Industrial Revolution 4.0, and this phenomenon has a significant impact on industrial life, namely in the form of rapid technological developments. The rapid development of technology has resulted in a new term ‘creative economy’ in which creativity and human thinking are applied. Intellectual Property Rights play a very important role in the creative economy, and the state must provide legal protection for intellectual property as a form of appreciation to creators/inventors for their efforts and hard work in producing new innovations, and minimizing the occurrence of intellectual property rights violations. However, in practice, there are several challenges and difficulties in enforcing laws related to intellectual property rights in Indonesia. This scientific journals uses normative research methods, based on written regulations and literature studies that examine aspects of theory, structure, and legal explanations. The main problems that occurs in Indonesia is the lack of public= awareness and education regarding intellectual property, and this problem can be the root of other problems. The protection of intellectual property rights in Indonesia not only provides a sense of security and legal certainty for creators/inventors, but also provides a psychological impact and increases the enthusiasm of creators/inventors to continue to innovate.
Urgensi Pengesahan RUU PKS sebagai Upaya Perlindungan Hukum Bagi Korban Revenge Porn Kang, Cindy
JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN Vol. 24 No. 01 (2021): Jurnal Yustika: Media Hukum dan Keadilan
Publisher : Fakultas Hukum Universitas Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24123/yustika.v24i01.4601

Abstract

Based on data obtained from the Annual Records of the National Commission on Women, the percentage of violence against women has increased by 792% in the past 12 years. In addition, cases of Online Gender Based Violence (OGBV) have increased 300% and the most cases are revenge porn cases. This proves that women are one of the most vulnerable subjects to become victims of violence, and violence against women is not only carried out in the real world but also in cyberspace. One of the most common OGBV cases is revenge porn, where a perpetrator threatens to spread pornographic content belonging to the victim online without the victim’s consent with the potential to damage the victim’s reputation. The absence of regulations governing revenge porn makes it difficult for victims to get legal protection. The existence of the Draft Law on the Elimination of Sexual Violence (RUU PKS) which specifically regulates the types of sexual violence has given rise to hope for victims in seeking justice. The purpose of this study is to examine the urgency of the ratification of the RUU PKS regardless of the pros and cons circulating in society in providing legal protection for the victims. This study uses a normative legal research method that emphasized data obtained indirectly, such as legal materials. The results of this study indicate that the existence of laws and regulations such as the Electronic Transaction and Information Act, the Pornography Law, as well as provisions in the Criminal Code are considered insufficient to provide legal protection for the victims. Therefore, it is necessary to ratify the RUU PKS as a legal umbrella to provide protection for the victims.
Tantangan Penegakan Hukum Hak Kekayaan Intelektual dalam Pengembangan Ekonomi Kreatif di Era Revolusi Industri 4.0 Sutra Disemadi, Hari; Kang, Cindy
Jurnal Komunikasi Hukum Vol 7 No 1 (2021): Februari, Jurnal Komunikasi Hukum
Publisher : Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/jkh.v7i1.31457

Abstract

Currently, the world is facing changes in the industrial world which can be called the Industrial Revolution 4.0, and this phenomenon has a significant impact on industrial life, namely in the form of rapid technological developments. The rapid development of technology has resulted in a new term ‘creative economy’ in which creativity and human thinking are applied. Intellectual Property Rights play a very important role in the creative economy, and the state must provide legal protection for intellectual property as a form of appreciation to creators/inventors for their efforts and hard work in producing new innovations, and minimizing the occurrence of intellectual property rights violations. However, in practice, there are several challenges and difficulties in enforcing laws related to intellectual property rights in Indonesia. This scientific journals uses normative research methods, based on written regulations and literature studies that examine aspects of theory, structure, and legal explanations. The main problems that occurs in Indonesia is the lack of public= awareness and education regarding intellectual property, and this problem can be the root of other problems. The protection of intellectual property rights in Indonesia not only provides a sense of security and legal certainty for creators/inventors, but also provides a psychological impact and increases the enthusiasm of creators/inventors to continue to innovate.
The Applicability Of Force Majeure Clause During The Covid-19 Pandemic In Indonesia And France Kang, Cindy; Quentin, Pinsolle-Dubourg; Gia Phuc, Dao; Tan, David
Jurnal Komunikasi Hukum Vol 7 No 2 (2021): Agustus, Jurnal Komunikasi Hukum
Publisher : Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/jkh.v7i2.38838

Abstract

The Covid-19 pandemic that has occurred almost all over the world has had a very significant impact on various aspects. In this regard, the pandemic has directly or indirectly affected international trade. International business contracts are one of the essential elements in carrying out an international trade. The covid-19 pandemic that has occurred has resulted in implications and disruption to the ongoing contracts carried out on international scale. The current pandemic has raised a question, whether if the covid-19 pandemic can be classified as a force majeure circumstances or not. Reflecting on these problems, this study will examine the rules and regulations of force majeure from the legal perspective of Indonesia and France as countries that have adopted the civil law legal system. In addition, this study also discusses about the impacts of the covid-19 pandemic on international trade contracts. This study uses normative legal research methods, namely methods based on written regulations and literature that examines aspects of theories, structure, and legal explanations related to the material in this research. The approach used in writing this journal is a comparative approach which is to compare the legal regulations in Indonesia and France. From the second data sources obtained, it is found that there are some differences between Indonesian and French laws regarding force majeure. The Indonesian civil code does not explicitly mention force majeure, but calls it as a state of coercion. Meanwhile, civil law in France clearly mentions force majeure in the France Civil Code. Related to the covid-19 pandemic which is classified as a force majeure condition, the parties bound in international business contracts can renegotiate the contracts they made.
Co-Authors Disemadi, Hari Sutra Gia Phuc, Dao Quentin, Pinsolle-Dubourg Tan, David