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All Journal LAW REFORM Syiar Hukum: Jurnal Ilmu Hukum JURNAL LITIGASI (e-Journal) Jurnal Dinamika Hukum Brawijaya Law Journal : Journal of Legal Studies Tadulako Law Review PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Jurnal Privat Law UIR LAW REVIEW Jurnal Akta Privat Law Hasanuddin Law Review Jurnal Wawasan Yuridika Jurnal Bina Mulia Hukum JURNAL HUKUM MEDIA BHAKTI Lex Librum: Jurnal Ilmu Hukum JUSTISI JURIS (Jurnal Ilmiah Syariah) Indonesia Law Review (ILREV) Al-Ijtimā: Jurnal Pengabdian Kepada Masyarakat
Emmy Latifah
Fakultas Hukum Universitas Sebelas Maret
Religion Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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TRADE WAR BETWEEN UNITED STATE OF AMERICA AND CHINA REVIEWED FROM THE RETALIATION PRINCIPLE Savira, Gina Nafsah; Latifah, Emmy
Tadulako Law Review Vol 4, No 2 (2019)
Publisher : Tadulako University

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Abstract

This paper aims to examine how the principle of retaliation in the case of a trade war between the United States and China is now happening. The General Agreement on Tariff and Trade (GATT) in the World Trade Organization (WTO) has regulated acts of retaliation in the context of international trade. Even though there are different conceptions of retaliation in the two international legal frameworks, they both recognize the retaliation action. The results of the study shows that the economic policies carried out by the United States are called trade remedies in the form of protestionism which aimed to minimize the negative impact of imports on domestic products. Furthermore, actions taken by China are one example of the remedial actions in the form of retaliation. WTO has a remedy mechanism which is divided into three types, namely: (a) the plaintiff withdraws or changes actions that are not in accordance with the WTO; (b) compensation; and (c) delaying concessions or commonly called retaliation.
The Shifting of Alternative Dispute Resolution: from Traditional Form to the Online Dispute Resolution Latifah, Emmy; Bajrektarevic, Anis H; Imanullah, Moch Najib
Brawijaya Law Journal Vol 6, No 1 (2019): Alternative Dispute Resolution
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2019.006.01.02

Abstract

The emergence of disruptive technologies has transformed how the conflict is resolved. If Alternative Dispute Resolution (ADR) has been understood as a more efficient method of resolving dispute than through the court, then in line with the development of technologies, Online Dispute Resolution (ODR) considered as the most efficient mechanism in ADR. Through ODR, access barriers are reduced, effectiveness increases, software becomes smarter and some ADR elements are challenged. This article focuses on the shifting of dispute resolution from the traditional approach to the new generation one which called digital justice.
ANALISIS PEMBENTUKAN ASEAN CROSS BORDER INSOLVENCY REGULATION SEBAGAI SOLUSI PERMASALAHAN KEPAILITAN LINTAS BATAS DI ASEAN Damardjati, Respati; Latifah, Emmy; Sudarwanto, Al. Sentot
Jurnal Privat Law Vol 5, No 1 (2017): JANUARI-JUNI
Publisher : Fakultas Hukum Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/privat.v5i1.19368

Abstract

AbstractThis paper purposes to analize the idea for establishing ASEAN cross border insolvency regulation as a solution of cross-border insolvency problem in ASEAN. It is a legal research viewed from descriptive analytic. The result of this paper indicates that the absence of uniformity or harmonization of insolvency law in ASEAN region will inflict some problems which are relating to the procedure of recognition and enforcement of a foreign insolvency. The regulation as a solution of cross-border insolvency in the ASEAN region is expected to become a facilitator for resolving problems and reducing uncertainty in cross-border insolvency cases. ASEAN Cross Border Insolvency Regulations in the form of a model law is the right solution to solve the problems of cross-border insolvency in the ASEAN region.Keyword (s)  :       ASEAN, ASEAN Cross Border Insolvency Regulation, Cross Border InsolvencyAbstrakArtikel hukum ini bertujuan untuk menganalisis gagasan pembentukan ASEAN cross border insolvency regulation sebagai solusi permasalahan kepailitan lintas batas di ASEAN. Jenis penelitian hukum ini adalah penelitian hukum normatif yang bersifat deskriptif. Hasil penelitian ini menunjukkan bahwa tidak adanya keseragaman atau harmonisasi hukum kepailitan di kawasan ASEAN menimbulkan permasalahan yang berkaitan dengan prosedur pengakuan dan pelaksanaan putusan kepailitan asing. Kehadiran sebuah pengaturan hukum sebagai solusi dari permasalahan kepailitan lintas batas di kawasan ASEAN sangat diharapkan untuk dapat menjadi fasilitator dalam menyelesaikan permasalahan dan dapat mengurangi ketidakpastian dalam perkara kepailitan lintas batas. ASEAN Cross Border Insolvency Regulation berupa model law merupakan solusi yang tepat dalam menyelesaikan permasalahan kepailitan lintas batas di kawasan ASEAN.Kata Kunci  : ASEAN Cross Border Insolvency Regulation, Kepailitan Lintas Batas
INTERNATIONAL AND DOMESTIC LAW ASPECTS OF CROSS-BORDER INSOLVENCY IN ORDER TO ESTABLISHING CROSS-BORDER INSOLVENCY REGULATION IN ASEAN: INDONESIAN PERSPECTIVE Imanullah, Moch Najib; Latifah, Emmy; Ratri, Pramesthi Dinar Kirana
Indonesia Law Review Vol. 8, No. 2
Publisher : UI Scholars Hub

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Abstract

The increases in cross-border trade has resulted in more companies with assets, business, and presence in multiple jurisdiction. When any of these companies face debt restructuring or insolvency, it confronts a myriad of complex issues in coordinating rescue proposals or winding up the businesses across jurisdictions. Prior to the 1997 economic crisis, insolvency laws in most state economies were generally out of date and irrelevant to the modern commercial needs, particulary the cross-border insolvency matters that has not been well regulated. ASEAN has initiated an integrated economy regional by launching an ASEAN Economic Community on late 2015. It aimed to establish a deeply integrated and highly cohesive ASEAN economy that would support sustained high economic growth and resilience in the face of global economic shocks and volatilities within ASEAN members. Unfortunately, ASEAN member has not prepared a regulation regarding cross-border insolvency matters which could restrains its aim to establish a fully integrated economy regional. Each state members has its own national insolvency laws and proceedings, but none have the schemes that could surpassed the national borders and simplified the procedures. The aspects of cross-border insolvency from both the international law and domestic law of Indonesia is already prepared to deal with foreign proceedings. Both could be adjusted to establish a cross-border regulation in ASEAN. Hence, there should be an in-depth harmonization of cross-border insolvency should be another priority upon ASEAN Economic Community to achieve a fully-integrated economy in ASEAN.
Authority of the Dispute Council in the Resolution of Construction Disputes in Indonesia Vidyapramatya, Nurindria Naharista; Latifah, Emmy; Farida, Elfia; Tigor, Antonius Alexander
LAW REFORM Vol 19, No 1 (2023)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/lr.v19i1.49141

Abstract

The Dispute Council is a construction dispute resolution forum mandated by Law Number 2 of 2017 concerning Construction Services. The existence of the Dispute Council as a construction dispute resolution forum is actually not much different from other alternative dispute resolution forums, such as negotiation, mediation, and arbitration. However, the Construction Services Law mandates that a Dispute Council be formed by the parties simultaneously with the preparation of a construction work contract. In practice, decisions made by the Dispute Council are often not final and binding if one of the parties is not willing to implement the decision of the Dispute Council. This study aimed to compare the effectiveness of the authorities between the Dispute Council and other alternative dispute resolution forums. This research was normative research. The data used were secondary data consisting of primary, secondary, and tertiary legal materials. The data collection technique used literature study, and the data analysis technique used qualitative analysis. The results of the research show that the dispute resolution process with the Dispute Council is ineffective because it takes a long time. Parties who do not want to implement the decision of the Dispute Council will continue the dispute resolution process to arbitration. In fact, when the arbitration process fails, the dispute is submitted to court. This situation becomes more effective and saves time when the resolution of construction disputes directly uses arbitration without going through the Dispute Council first.
Suspicion on the Non-conformity of the Goods as a Foundation of Breach of International Sales Contract Latifah, Emmy; Bajrektarevi, Anis H.; Salsabila, Dini Kartika
Hasanuddin Law Review VOLUME 10 ISSUE 2, AUGUST 2024
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v10i2.4772

Abstract

The aim of the research is to analyze the breach of international sales contract based on suspicion on non-conformity of the goods in regards to United Nations Convention on Contracts for the International Sale of Goods (CISG). This study is normative legal research. The types of approach used are the legislative approach, case approach, and conceptual approach. The analysis technique uses syllogistic methods through deductive thinking patterns. The result of the study indicates that the appropriate reason of suspicion of non-conformity of the goods under Article 35 of the CISG is the effect of suspicion on the usability of the goods rather than the existence of suspicion itself. It is required the most influence factor in having adverse effect on the function of the goods to be categorized as non-conformity of the goods in regards to a breach of contract. Suspicion could be removed by ensuring that the goods are functional. Finally, the burden of proof towards the suspicion on the non-conformity of the goods could be liable by the parties, especially the seller.
The Urgency of Using al-Milk an-Naqiṣ in Geographical Indications: An Ideal Preservation for Intellectual Property in Indonesia Saputro, Triyono Adi; Rumadan, Ismail; Suwadi, Pujiyono; Latifah, Emmy; Syaiful, Muhammad
JURIS (Jurnal Ilmiah Syariah) Vol 23, No 2 (2024)
Publisher : Universitas Islam Negeri Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v23i2.12227

Abstract

This study aimed at explaining the ideal preservation of intellectual property inventions so that geographical indications (GI) products can increase and be highly competitive in the global market. The existence of GI play a vital role in supporting business competition at the national and international trade levels. GI not only provide protection for intellectual property inventions, but also provide legal guarantees of official legality from the government. This study used a conceptual and comparative approach supported by primary legal materials consisting of GI laws combined with texts and fiqh. The research results shows that al-milk an-naqiṣ’s efforts with the al-ibahah type will be an ideal model for preserving GI for intellectual property inventions in Indonesia in the future. This is because al-milk an-naqiṣ, which is varied and implemented in the community, is able to strengthen GI inventions, can last longer, and without any contracts. In addition, there are advantages to be gained by using al-milk an-naqiṣ, such as having different ownership models, no time limit for transferring ownership, and the ability to increase the welfare of the community. For this reason, it is necessary to spread the importance of preserving the al-milk an-naqiṣ model in order to form a legal culture and provide legal protection for intellectual property inventions based on GI so that they will last longer in the market in the future. In addition, this is useful to support the increase of regional per capita income and help reduce unemployment through the implementation of al-milk an-naqiṣ GI products as an ideal solution for the long-term preservation of intellectual property inventions.
The Roles of International Law on Technological Advances Latifah, Emmy; Imanullah, Moch Najib
Brawijaya Law Journal Vol. 5 No. 1 (2018): Culture and Technological Influence in Regulation
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2018.005.01.07

Abstract

The study focuses on the roles of International Law in responding to the technological advances, particularly examining the International Law as a regulator on emerging technology. The technological advances, especially in the means and method of war and environmental issues, have been contributing to the development of International Law. It is a normative legal research using the secondary data including primary and secondary legal materials. While the primary legal materials consist of all the international agreement related to the development of technology both directly and indirectly, secondary ones included the references having correlation and support to the issues. The technique of analysis data used legal interpretation. The study concludes that as a regulator of technological advances, International Law has a role to play in regulating its development. Many facts showed that International Law has capability to respond to the challenges. However, the scope and application of International Law is subject to a number of limitations inherent the nature of International Law itself.
The Shifting of Alternative Dispute Resolution: from Traditional Form to the Online Dispute Resolution Latifah, Emmy; Bajrektarevic, Anis H; Imanullah, Moch Najib
Brawijaya Law Journal Vol. 6 No. 1 (2019): Alternative Dispute Resolution
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2019.006.01.02

Abstract

The emergence of disruptive technologies has transformed how the conflict is resolved. If Alternative Dispute Resolution (ADR) has been understood as a more efficient method of resolving dispute than through the court, then in line with the development of technologies, Online Dispute Resolution (ODR) considered as the most efficient mechanism in ADR. Through ODR, access barriers are reduced, effectiveness increases, software becomes smarter and some ADR elements are challenged. This article focuses on the shifting of dispute resolution from the traditional approach to the new generation one which called digital justice.
PENGENALAN DIGITAL MARKETING DALAM UPAYA OPTIMALISASI PEMASARAN PADA UMKM DI DUSUN GIRIMULYO A’yun, Efrida Qurotul; Piero, Alessandro Adrian; Nisa, Ayu Sofi Khairul; Nazhifah, Dafina; Orvala, Edelweis Zita; Erowati, Endang; Kinanthi, Gendis Surya; Ma’ruf, Muhammad Nur Fatah; Sidiq, Muhammad Rais; Billa, Shaqhirra Diva Salsa; Latifah, Emmy
Al-Ijtimā': Jurnal Pengabdian Kepada Masyarakat Vol 5 No 1 (2024): Oktober
Publisher : Lembaga Penelitian, Publikasi Ilmiah dan Pengabdian kepada Masyarakat (LP3M)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53515/aijpkm.v5i1.156

Abstract

With the rapid development of technology and the internet, the marketing world is experiencing a significant transformation. Optimizing and utilizing digital marketing helps in the product marketing activities of a business and the activities of tiny and medium enterprises. Realizing this potential, the UNS 336 KKN Team aims to help market UMKM in Girimulyo Hamlet, Trengguli Village, Jenawi District, Karanganyar, by adopting and optimizing digital marketing techniques to increase the visibility and sales of their products. The activities include socialization and training on marketing digitalization through various platforms such as e-commerce, Google Maps, e-wallet, and social media. The results of this program show a significant increase in the understanding and ability of UMKM players to utilize digital marketing tools. Several UMKM have succeeded in creating online business accounts, increasing visibility on Google Maps, and starting to use social media to promote their products. In conclusion, this marketing digitalization program has the potential to be an essential catalyst in local economic development in Girimulyo Hamlet, with recommendations for continued assistance and further training to ensure the continued adoption of digital technology by local UMKM.
Co-Authors AL. SENTOT SUDARWANTO Ariyanto, Banu A’yun, Efrida Qurotul Bajrektarevi, Anis H. Bajrektarevic, Anis H Billa, Shaqhirra Diva Salsa Damardjati, Respati Damardjati, Respati Elfia Farida Erowati, Endang Hardiningsih, Wahyu Hari Purwadi, Hari Heri Hartanto Ismail Rumadan, Ismail Kinanthi, Gendis Surya kurniawijaya, aditya Kurniawijaya, Aditya Maheswari, Yoan Amadina Ma’ruf, Muhammad Nur Fatah Moch Najib Imanullah Muhammad Syaiful Nahdliyin, Sukma Hidayatun Nazhifah, Dafina Nisa, Ayu Sofi Khairul Noorvicky, Rizky Orvala, Edelweis Zita Piero, Alessandro Adrian Pratama, Muhammad Bintang Ratri, Pramesthi Dinar Kirana Retno Ningsih, Sri Dwi Salsabila, Dini Kartika Saputro, Triyono Adi Savira, Gina Nafsah Setiyawan, Anang Sidiq, Muhammad Rais Supanto, S. suwadi, pujiyono Tigor, Antonius Alexander Vidyapramatya, Nurindria Naharista