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Peranan Strategis dari the AALCO dalam Akselerasi Kerjasama Regulasi dan Penanggulangan Permasalahan Hukum dan Ekonomi untuk Penerapan the Green Finance di Indonesia berdasarkan the UNFCCC Paris Agreement Siswanto, Carissa Amanda; Parluhutan, Dian
LITERATUS Vol 5 No 2 (2023): Jurnal Ilmiah Internasional Sosial dan Budaya
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/lit.v5i2.1439

Abstract

This paper analyzes the strategic roles of the Asian African Legal Consultative Organization (AALCO) in promoting the green finance implementation in Asia and Africa, with a focus on Indonesia. The research uses normative juridical research and comparative law, employing a statute approach and conceptual approach. This paper highlights that green financing is a crucial instrument in climate change mitigation and adaptation efforts as instructed by the United Nations Framework Convention on Climate Change (UNFCCC) Paris Agreement 2015. The AALCO has taken various steps to encourage the implementation of green financing in the Asia and Africa region, including in Indonesia, such as issuing guidelines and resolutions related to green financing, collaborating with various related parties, and organizing activities to increase public awareness of green finance to support the low carbon economy. The research concludes that the AALCO could play strategic roles in encouraging the implementation of green finance in Asia and Africa, notably in Indonesia. The AALCO's roles are expected to help countries in Asia and Africa to achieve the sustainable development goals, including the 13, 16 and 17th Goals on the UN Sustainable Development Goals
Pengakuan dan Legitimitas di Hukum Internasional: Studi Kasus Konflik Israel-Palestina Yuni Putri Dewantara; Michelle Hadi; Carissa Amanda Siswanto
Jurnal Hukum Lex Generalis Vol 6 No 1 (2025): Tema Hukum Internasional dan Perbandingan Hukum
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i1.627

Abstract

The conflict between Israel and Palestine is receiving a lot of attention from the world community. This calls into doubt the security of every nation, particularly those engaged in hostilities. In order to better understand how Israel's military aggression against Palestine breaches international humanitarian law, this case study will focus on how the UN is in charge of deciding whether or not Palestine is recognized by international law. This study analyzes legal concerns using a normative juridical method. The criteria and tenets of positive law serve as the foundation for this. The concept of the law of war is the foundation of international humanitarian law, which governs armed conflicts in an effort to prevent atrocities and safeguard all parties.
Dispute Resolution Of "Supreme" Brand Rights: (Study of Review Decision Number 37 Pk/Pdt. Sus-Hki/2023) Kartiko, Nafis Dwi; Soegiono, Samuel Putra; Rohman, Mohammad Syafi'ur; Tedjokusumo, Dave David; Siswanto, Carissa Amanda
Jurnal Hukum dan Sosial Politik Vol. 2 No. 3 (2024): Agustus: Jurnal Hukum dan Sosial Politik
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v2i3.3246

Abstract

In an era of globalization that has a significant impact on industry and commerce, trademark rights disputes are a crucial issue that needs serious attention. One trademark rights dispute that has attracted attention is the case of "Supreme," which is the focus of this study by detailing the Review Decision Number 37 PK/PDT. SUS-HKI/2023. This dispute involves companies with the trademark "Supreme," and its resolution has an important impact on trademark law in Indonesia. This research aims to dig deeper into the resolution of trademark rights disputes through these case studies. Analysis of court decisions, judges' considerations, and the legal basis used will provide a more comprehensive understanding of the trademark dispute resolution mechanism in Indonesia. Through this search, it is expected to find significant contributions to the development of trademark rights regulations and dispute resolution at the national level. This research uses normative juridical method with statutes approach, conceptual approach and case approach. The result of this research is that the trademark dispute resolution process in Indonesia follows predetermined legal steps, starting from filing a lawsuit in the District Court, continuing with the cassation process in the Supreme Court, and can reach the review stage in the Supreme Court if necessary. This approach reflects Indonesia's seriousness in handling brand disputes fairly and efficiently. The study also emphasizes the importance of good faith in the trademark registration process.
Dari Kertas ke Digital: Cetak Biru Rwanda dan Redefinisi Keaslian Akta Notaris dalam Kerangka Hukum Digital di Indonesia Carissa Amanda Siswanto; Septhian Eka Adiyatma; Uche Nnawulezi; Jacques Kabano
Indonesia Private Law Review Vol. 6 No. 2 (2025)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v6i2.4686

Abstract

This study examines the legal recognition of electronic notarial acts in Indonesia and the regulatory inconsistencies among the Notary Law, the Electronic Information and Transactions (ITE) Law, and the Indonesian Civil Code. These inconsistencies prevent notaries from issuing authentic electronic deeds, weaken the evidentiary value of digital documents, and create legal uncertainty in electronic transactions. Using a normative juridical method with statutory, conceptual, and comparative approaches, the study analyzes Indonesia’s framework and compares it with Rwanda’s system, which expressly recognizes electronic notarial acts under Law No. 031/2016 through an integrated digital identity platform. The findings show that the physical presence requirement in the Notary Law and the exclusion of notarial deeds from electronic documents under the ITE Law are the main obstacles to electronic authentic deeds in Indonesia. The novelty of this research lies in its use of Rwanda’s regulatory model as a normative and comparative foundation for reconstructing Indonesia’s Cyber Notary framework. This study proposes revising the Notary Law and establishing a unified national digital notarial platform to strengthen the authenticity, integrity, and legal certainty of electronic deeds within Indonesia’s evolving digital legal landscape.
Basic Novelty Issues in Industrial Design and Policy Recommendations Case Study of Supreme Court Decision Number 52 K / Pdt.Sus-HKI / 2015 Carissa Amanda Siswanto
Journal of Contemporary Law Studies Vol. 3 No. 4 (2026): Agustus
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v3i4.6336

Abstract

This study aims to analyze the interpretation of novelty in industrial design under Indonesian law, with a special focus on Supreme Court Decision Number 52 K / Pdt.Sus-HKI / 2015. Using the Normative Juridical method, this study explores relevant legal principles and doctrines, adopting a Statute and Doctrinal Approach. The main focus is on the Law of the Republic of Indonesia Number 31 of 2000 concerning Industrial Design, checking its suitability to its practice and application in real cases. The Doctrinal Approach explores expert views through literature, providing an in-depth perspective on the protection of industrial design. The results point to the need for clear and consistent definitions and interpretations of novelty in the Industrial Design Act. It also emphasized the importance of an effective novelty proof process, as reflected in the Supreme Court Decision. This research suggests the need for a "significantly differ" standard from TRIP's Agreement to strengthen industrial design protection, encourage creativity, and improve creative industry competence. In the registration process, an in-depth substantive examination is required, not as a formality, but as a comprehensive analysis of creativity and innovation. The study also emphasizes the need to clarify the definition of novelty in Indonesian law, increase the capacity of industrial design examiners, and strengthen international cooperation
Partisipasi Indonesia dalam IE-CEPA: Sebuah Kewajiban atau Kebijakan? Carissa Amanda Siswanto; Wishnu Kurniawan; Dita Birahayu
Jurnal Penelitian Hukum De Jure Vol 23 No 2 (2023): Edisi Juni
Publisher : Law Policy Strategy Agency, Ministry of Law of The Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/dejure.2023.V23.255-272

Abstract

International agreements made by Indonesia with other countries have helped enrich the provisions of legislation relating to trade and investment in Indonesia. One of them is IE-CEPA, it is hoped that the utilization of market share in each country can be optimized for entry into the European Union market and used as a basis to catch up with other ASEAN countries. The issue that arises here is whether Indonesia's cooperation with the EFTA Group of Countries is an obligation or policy. This research uses a form of normative juridical research and uses a statute approach and a conceptual approach. The purpose of this study is to describe the cooperation carried out by Indonesia with the EFTA group of countries as an obligation of countries to implement economic policies. The results of this study show the cooperation carried out by Indonesia with the EFTA group of countries as part of economic policies to improve the country's development. This cooperation agreement has been officially ratified into Indonesia's national regulation through Article 1 of Law No.1/2021, which indicates the State's approval to comply with and be bound by IE-CEPA. This is in accordance with Article 26 of VCLT and Article 4 paragraph (1) of Law No.24/2000.
Peran AALCO dalam Pemulihan Aset Kejahatan Transnasional: Perspektif Hukum tentang Kerjasama Asia-Afrika Carissa Amanda Siswanto; Nafis Dwi Kartiko
Jurnal Penelitian Hukum De Jure Vol 25 No 2 (2025): Edisi Juli
Publisher : Law Policy Strategy Agency, Ministry of Law of The Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/dejure.2025.V25.67-84

Abstract

The Asia-African Legal Consultative Organization (AALCO), as an intergovernmental organization in Asia and Africa, possesses significant potential to facilitate cooperation among member states in combating transnational crimes and recovering assets. The objective of this study is to explore and analyze the role of the Asia-African Legal Consultative Organization (AALCO) in the international legal framework governing asset recovery of assets arising from criminal activities. The research method used is normative-dogmatic juridical with statutory, conceptual, and comparative approaches. This research uses primary legal sources, such as laws and international treaties, as well as secondary legal sources, such as journals, articles, books, and comments on judges' decisions. The findings of this study indicate that AALCO has an important role in facilitating cooperation among its member states for the recovery of assets derived from criminal activities. AALCO has developed mechanisms such as conventions and guidelines to guide member states in asset recovery. However, this research also found limitations, such as the lack of harmonization of laws among the member states and limited institutional capacity in some states. In addition, there are still challenges in cross-jurisdictional coordination and a lack of public awareness on the importance of asset recovery. In light of these findings, this research recommends AALCO to strengthen a uniform legal framework and improve training and capacity building for law enforcement. In addition, AALCO also needs to strengthen information networks among member states and build partnerships with international organizations. By implementing these recommendations, AALCO can be more effective in supporting efforts to recover assets derived from criminal conducts in the Asia and Africa region.
Perlindungan Konsumen Terhadap Pembelian Obat Mengandung Psikotropika Pada Online Marketplace Carissa Amanda Siswanto; Astrid Athina Indradewi; Ketzia Xavier Emmanuella Pallo; Anandita Zefanya Purba
JURNAL USM LAW REVIEW Vol. 5 No. 2 (2022): NOVEMBER
Publisher : Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/julr.v5i2.5337

Abstract

This research aims to analyze the form of legal protections for consumers against the purchase of drugs containing psychotropic substances on the online marketplace. the rapid development of e-commerce in recent years when the internet was introduced.  With the internet, transactions in trade no longer see national boundaries.  This ease of accessing the internet makes consumers of e-commerce increase, one of which is in the online marketplace, due to the ease of payment systems, practicality, short time to make it more efficient, as well as the many attractive promos provided.  The implementation of transactions from this rapidly growing online marketplace also needs to be balanced with strict supervision.  The research method used is normative juridical and then analyzed with secondary data in the form of primary and secondary legal materials.  The results of this study indicate that the form of legal protection for consumers against the purchase of drugs containing psychotropic substances on the online marketplace can be in the form of delivering complete and accurate information about products that are traded online.  Nowever, there must still be the responsibility from the online marketplace or business actors to consumers.  Penelitian ini bertujuan untuk menganalis bentuk perlindungan hukum bagi konsumen terhadap pembelian obat mengandung psikotropika pada online marketplace. Hadirnya teknologi internet mengakibatkan transaksi dalam perdagangan tidak lagi melihat batas-batas wilayah negara. Kemudahan dalam mengakses internet menimbulkan peningkatan konsumen e-commerce, salah satunya pada online marketplace. Terdapat berbagai fasilitas dalam sistem pembayaran, praktis, banyaknya pilihan produk, singkatnya waktu sehingga membuat lebih efisien, serta berbagai macam promo menarik yang diberikan. Tentunya pelaksanaan transaksi dari online marketplace yang berkembang pesat ini juga perlu diimbangi dengan adanya pengawasan yang tegas terutama terkait beredarnya obat-obatan yang mengandung psikotropika. Metode penelitian yang digunakan adalah yuridis normatif kemudian dianalisa dengan data sekunder berupa bahan hukum primer dan sekunder. Hasil dari penelitian ini menunjukkan bahwa bentuk perlindungan hukum bagi konsumen terhadap pembelian obat mengandung psikotropika pada online marketplace dapat berupa penyampaian informasi yang lengkap dan akurat mengenai produk yang diperjualbelikan secara online. Namun, tetap saja harus ada tanggung jawab dari online marketplace atau para pelaku usaha kepada konsumen.  
Criminal Law Reform In Criminal Responsibility For People In Mental Disorders Oriented To Dignified Justice Dave David Tedjokusumo; Carissa Amanda Siswanto
JURNAL USM LAW REVIEW Vol. 6 No. 3 (2023): DECEMBER
Publisher : Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/julr.v6i3.7928

Abstract

This article aims to analyze the nature of criminal responsibility and criminal law reform in ODGJ criminal responsibility which is oriented towards the theory of dignified justice. The urgency of this study is that the application of the formulation of offenses in the provisions of Article 44 of the WvS Criminal Code is not appropriate for perpetrators of criminal acts who are malingering, lack of legal protection to victims. Therefore, a reform of criminal law is needed. In the preparation of this research using normative juridical legal research methods carried out through literature review as the basic material for analysis. The result of the discussion of this study is that the reform of criminal law, especially in ODGJ criminal liability which has been regulated in Article 38 juncto Article 39 of the National Criminal Code, where the rule of law is more appropriate, and has been oriented towards the theory of dignified justice. In addition, it is also necessary to pay attention to the role of relevant law enforcement officials such as the Police and Hospitals which in this case issue Visum et Repertum (VeR), because correct law enforcement is also needed from law enforcement officials.
DELISTING PAKSA DAN KERENTANAN INVESTOR PUBLIK: TINJAUAN ATAS PERLINDUNGAN HUKUM DI PASAR MODAL INDONESIA Yuni Putri Dewantara; Michelle Hadi; Carissa Amanda Siswanto
HUKMY : Jurnal Hukum Vol. 6 No. 2 (2026): HUKMY : Jurnal Hukum
Publisher : Fakultas Ilmu Sosial dan Humaniora

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35316/hukmy.2026.v6i2.1260-1279

Abstract

The impact of forced delisting on public investors, especially minority shareholders, on the Indonesian capital market is examined in this paper. Investors are frequently left unable to trade their shares and at danger of financial loss when a firm is forced to delist from the stock exchange owing to regulatory infractions or noncompliance with listing standards. The purpose of this study is to assess the level of legal protection afforded to public investors and to examine the legislative framework controlling forced delisting. Based on library research of pertinent laws and regulations, the study employs normative legal research methods utilizing statutory and conceptual approaches. The results demonstrate that despite the existence of delisting legislation, there are substantial gaps in investor protection, particularly with regard to compensation mechanisms and issuer duties following delisting. Although the Financial Services Authority (OJK) has adopted preventive protection through disclosure standards and supervisory duties, the effectiveness of repressive actions is still restricted. Therefore, to provide equitable treatment and improved protection for public investors in situations of forced delisting, more precise and robust legal safeguards are required.