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Divorce of International Mixed Marriage and Marriage held Abroad and Indonesian Private International Law Allagan, Tiurma M. Pitta
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The unstoppable tide of globalism not only brings an increasing commercial interconnectivity between nations, but also bonds of matrimony, and in turn, the chance of divorce. Indonesian courts entertaining international divorce cases is certainly not a rarity, neither divorce of the international mixed marriage nor the marriage that was held abroad. With two recent divorce cases having a foreign element, Indonesian courts declared having no jurisdiction under grounds of “litis pendentie” and forum non-convenience, including one by the Indonesian Supreme Court. In three other cases, the courts, after addressing the preliminary question of marriage, applied the “lex fori”, or Indonesian marriage law, as the applicable law to decide grounds of divorce. This article will thus examine five cases based on the principles of Indonesian private international law; firstly, on how Indonesian courts state that it has an authority to settle the submitted claims; and secondly, settling the case according to its law, as in line with the principle of “lex fori”. This research employs normative juridical research upon five cases of divorce that was settled before the Indonesian courts. This article finds that Indonesian judges imply international civil procedural law and Indonesian law as the applicable law in settling the divorce cases in question accordingly.
BPOM Regulations and Responsibilities in The Case of Medicines Containing Ethylene Glycol And Diethylene Glycol Devi Silvia; Tiurma Mangihut Pitta Allagan
Eduvest - Journal of Universal Studies Vol. 4 No. 5 (2024): Journal Eduvest - Journal of Universal Studies
Publisher : Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/eduvest.v4i5.1370

Abstract

This study aims to find out two problems, namely how is the regulation, role and responsibility of BPOM in the case of drugs containing EG and DEG?; and how is BPOM's responsibility for the legal protection of consumers who consume these drugs? To answer this, researchers apply normative legal studies with secondary data and use qualitative analysis with deductive thinking to draw conclusions. The results of the study stated that there is a legal vacuum in the regulation of BPOM where there is no regulation regarding sanctions if BPOM issues a distribution permit for dangerous products. The role of BPOM in the case of the circulation of drugs containing EG and DEG is in accordance with its function as a product supervisor either before or after circulation, imposing sanctions on business actors, namely revoking distribution permits for harmful products as its authority is regulated in PP 80 of 2017. Preventive legal protection is not implemented properly by BPOM while repressive protection is carried out by reporting and participating in investigations with the police, business actors who distribute drugs with these ingredients.