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All Journal Jurnal Media Hukum Jurnal Hukum IUS QUIA IUSTUM Pembaharuan Hukum
Mukti Fajar
Universitas Muhammadiyah Yogyakarta
Law, Crime, Criminology & Criminal Justice

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PELAPORAN PROGRAM KEMITRAAN DAN BINA LINGKUNGAN SERTA CORPORATE SOCIAL RESPONSIBILITY BADAN USAHA MILIK NEGARA Mukti Fajar; Reni Budi Setyaningrum
Jurnal Media Hukum Vol 24, No 2 (2017): December
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.2017.0095.193-206

Abstract

Act number 13 of 2003 on State Owned Enterprise obligate State Owned Enterprise to pay attention on social issues through Partnership and Community Development Program (PKBL). Meanwhile Act number 40 of 2007 on the Limited Liability Company instruct Limited Liability Company to implement Social and Environmental Responsibility which often called as Corporate Social Responsibility (CSR). These two programs are practically have almost the same form, thus assign a double burden for SOEs on its implementation. This study aims  are to find out the mechanism of implementation and reporting of PKBL and CSR from SOEs which are both regulated in different legal regimes. This research is conducted normatively by reviewing various rules and legal documents and empirically by assessing various implementation of PKBL and CSR by SOEs. The result of this study indicate that SOEs must perform PKBL if they have profits, while SOEs related to natural resources industry have to implement CSR which obtained from company’s budget. Both programs are implemented in the same form in providing social assistance and community business. The CSR report is only reported in the Company's annual report to be accounted in front of General Meeting of Shareholders. While the aims of Partnership and Community Development Program financial reporting is to provide information on financial position, activity and cash flow statement and records, for stakeholder’s decision making.
Iktikad Tidak Baik dalam Pendaftaran dan Model Penegakan Hukum Merek di Indonesia Mukti Fajar; Yati Nurhayati; Ifrani Ifrani
Jurnal Hukum IUS QUIA IUSTUM Vol. 25 No. 2: MEI 2018
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol25.iss2.art1

Abstract

Trade mark not only functions as an identity but also contains economic value so there are many efforts regarding bad-faith trademark registration. This study aimed to find the concept of bad-faith registration and to know the law enforcement in Indonesia. This was a normative legal research, with statute approach, conceptual approach, and case approach. The results of the study showed that: first, the concept of bad-faith has been regulated in Trademark Law Number 19 of 1992, Trademark Law Number 15 of 2001 and Law Number 20 of 2016. The concept of bad-faith is when an applicant is reasonably suspected to register his trade mark improperly and dishonestly to imitate, copy, or follow the trade mark of other parties for the interests of his business, create unfair business competition atmosphere, deceive, or mislead consumers. Second, the law enforcement on bad-faith trade mark registration is carried out by (a) rejecting the trade mark since registration process; (b) removal of trade mark by trade mark owners, government (ministers) or third parties; (c) revocation of trade mark by lawsuit in Commercial Court.
THE SELF REGULATION ON PEER TO PEER (P2P) OF LENDING INDUSTRY IN INDONESIA AS PROBLEMS AND PROSPECTS Mukti Fajar; Reni Budi Setianingrum
Jurnal Pembaharuan Hukum Vol 9, No 1 (2022): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v9i1.20182

Abstract

The purpose of this research is to find out that the industrial revolution 4.0 has had a significant impact, especially in the use of technology and the internet in daily human activities, both in personal life and in economic activities. This study used a normative legal research method that examines various legal theories related to financial technology both in Indonesia and other countries. The P2P lending service carries out business activities by providing, managing, and operating money-borrowing services by utilizing information technology as a liaison. Peer to Peer (P2P) Lending in Indonesia is regulated in POJK No. 77/POJK.01/2016 concerning Information Technology-Based Lending and Borrowing Services. This regulation is the basis for the implementation of P2P Lending business activities or online borrowing, which is one type of fintech, including regulations regarding supervision carried out by the Financial Services Authority (OJK) on the implementation of these business activities. However, in practice, lending by P2P Fintech has attracted a lot of controversies because there are still many problems, including interest arrangements, the rise of illegal fintech applications and also the weakness of consumer protection where these things have not been fully addressed and regulated by POJK No. 77/POJK. 01/2016.
Co-Authors Budi Setianingrum, Reni Ifrani, Ifrani Reni Budi Setyaningrum Yati Nurhayati