Claim Missing Document
Check
Articles

Found 25 Documents
Search

THE LEGAL PROBLEMS OF TRADITIONAL CULTURAL EXPRESSIONS AS INTELLECTUAL PROPERTY WITH COMMUNAL OWNERSHIP Muryanto, Yudho Taruno; Kharisma, Dona Budi; Assidiqi, Imam Dzaki Hidayad
Jurnal Pembaharuan Hukum Vol 11, No 1 (2024): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v11i1.32154

Abstract

This legal research aims to analyze arrangements regarding communal legal protection of traditional cultural expressions based on Government Regulation Number 56 of 2022 concerning Communal Intellectual Property, and it also seeks to identify legal problems in the practice of protecting Communal Intellectual Property in Indonesia where various cases of unilateral claims against the inheritance of Traditional Cultural Expressions by other countries, such as Malaysia's claim for Pendet Dance, Wayang Art, and Reog; Germany’s claim for Distinctive Ornamental Frame from Jepara; and China’s claim for Batik Pesisir’s motif. There find legal problems. First, the intellectual property legal protection regime in Indonesia is still individualistic. Second, Insufficient communal intellectual property legal instruments. Last, a low legal culture in Indonesian society. Based on these findings, that the government need to amendment the protection of Traditional Cultural Expressions of Communal Intellectual Property through substance reform in Act No. 28 of 2014 about Copyright and develop one database of Communal Intelectual Property.
Kewenangan Badan Pengawas Perdagangan Berjangka Komoditi Dalam Memberikan Perlindungan Hukum Bagi Korban Investasi Bodong Emas Digital : Studi Kasus PT Tamasia Global Sharia Ario Andika Baskoro; Yudho Taruno Muryanto
Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum Vol. 1 No. 1 (2024): Maret : Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/terang.v1i1.81

Abstract

This research aims to determine the regulations related to the implementation of digital gold investment in Indonesia and to determine the form of legal protection that BAPPEBTI can provide through statutory regulations for digital gold customers. This research is normative legal research that is descriptive in nature. The research approach used is a statutory and conceptual approach. The types and sources of legal materials used consist of primary legal materials and secondary legal materials. The legal material collection technique used is literature study a. The legal material analysis technique used is deductive using the syllogism method. Based on the research results, it was found that the implementation of digital gold investment trading in Indonesia is generally regulated in the Commodity Futures Trading Law, explained in more detail in Minister of Trade Regulation No. 119 of 2018, and the technical provisions are regulated in BAPPEBTI Regulations. The legal protection that BAPPEBTI can provide to digital gold customers includes carrying out supervision and even inspection of companies carrying out digital gold trading activities, then if violations are found by the company concerned, BAPPEBTI can impose administrative or criminal sanctions. However, there is a contradiction in Article 6 letters e and f in the Commodity Futures Trading Law, in letter e it is stated that BAPPEBTI has the authority to carry out inspections of parties who have business permits, individual permits, approvals or registration certificates. However, in letter f it is stated that BAPPEBTI appoints another party to carry out certain inspections in the context of implementing BAPPEBTI's authority as referred to in letter e. This shows that BAPPEBTI as a special institution for futures trading cannot be directly involved in enforcing the futures trading system, which means that BAPPEBTI's role in providing legal protection for digital gold customers is not optimal.
Politik Hukum Pemenuhan Hak atas Kesehatan Pasca Penghapusan Ketentuan Mandatory Spending: Legal Policy of Fulfilling the Right to Health After the Erasure of Mandatory Spending Provisions Nufitasari, Dien; Anam, Mohammad Choirul; Wiwoho, Jamal; Muryanto, Yudho Taruno; Wardhono, Dwi Tjahja Kusumo
SHARE Journal Vol. 1 No. 2 (2025): JSHARE Vol. 1 No. 2, December 2025
Publisher : Badan Pembinaan dan Pengembangan Hukum Pemeriksaan Keuangan Negara Badan Pemeriksa Keuangan RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28986/jshare.v1i2.2405

Abstract

Law Number 17 of 2023 on Health has erased the requirement to allocate 5% to the health sector from the State Revenue and Expenditure Budget and 10% from the Regional Revenue and Expenditure Budget. It was previously required under Law Number 36 of 2009 concerning Health. This paper analyzes the fulfillment of the right to health following the removal of the mandatory spending provision. The authors employ legal methodology, adopting both normative and conceptual approaches. The study reveals that the government erased the mandatory spending norm for several reasons. Some of these stem from limited fiscal space and program flexibility, constrained by budget efficiency arising from the existence of the national health insurance, the emergence of new areas of corruption in the health sector, and the misallocation of the health budget. The legal policy of the Health Law should explicitly allocate 10%–20% to the health sector and include targeted, structured, and well-planned programs to achieve the greatest possible prosperity for the people. This allocation amount is comparable to expenditures in the education sector, underscoring that mandatory health spending reinforces the responsibility of both central and local governments to allocate sufficient health budgets as a national priority.
ANALYSIS OF INSIDER TRADING PRACTICE RELATING TO LAW PROTECTION EFFORT FOR MINORITY SHAREHOLDERS Muryanto, Yudho Taruno; Widyoningrum, Riezdiani Restu
Yustisia Vol 7, No 2: August 2018
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v7i2.17232

Abstract

This article aims to describe the characteristics of insider trading according to the Act No. 8 of 1995 on Capital Market and the implication with legal effort that can be taken by minority shareholder. The characteristics of insider trading according to the act No 8 of 1995 on Capital Market are in line with fiduciary duty theory principle, there is involvement of insider by the misappropriation trusted. Insider trading has impacts to the other investors, especially to minority shareholder. The difference opportunity to do transaction causes financial disadantages, and for the loss, minority shareholder can doing legal effort, submit their civil lawsuit to the insider trader.
IMPLEMENTATION OF GOOD CORPORATE GOVERNANCE AT THE BACKDOOR LISTING PROSEDUR AS MEANS OF BUSINESS DEVELOPMENT IN INDONESIA STOCK MARKET Muryanto, Yudho Taruno; Wulandari, Anisa Dwi
Yustisia Vol 5, No 3: December 2016
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v5i3.8800

Abstract

AbstractDevelopments in the field of capital markets encourage the emergence of various corporate actions to obtain benefits such as a public company. One of the emerging corporate actions which have been done is Backdoor Listing. Regulations in the capital market is generally allowed backdoor listing. Backdoor Listing procedure are often executed in Indonesia are as follows: (1) The acquisition of control of a public company by private company through the rights issue (2) the acquisition of private company by an public company that has an affiliate relationship with the private company into standby purchaser/ new controllers. Study fulfillment of the Good Corporate Governance principles in the backdoor listing procedure is known that this procedure is still not met the Principles of Transparency, Accountability, as well as fairness and equity. It is needed to establish the rules of providing transparency obligation to assess the feasibility of a new public company controller.