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All Journal Kertha Semaya WAJAH HUKUM Unes Law Review Journal of Education, Humaniora and Social Sciences (JEHSS) Jurnal Darma Agung Jurnal Hukum dan Pembangunan
Parulian Paidi Aritonang
Fakultas Hukum Universitas Indonesia
Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Education Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Physics Public Health Social Sciences

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Journal : Unes Law Review

 1 
TEORI CARROT AND STICKS DALAM MENUNJANG PERKEMBANGAN COMPETITION COMPLIANCE PROGRAMME INDONESIA Adinda Aisyah Chairunnisa; Parulian Paidi Aritonang
UNES Law Review Vol. 5 No. 4 (2023): UNES LAW REVIEW (Juni 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.601

Abstract

In an effort to encourage business actors to create fair and ethical business competition, the Business Competition Supervisory Commission (“KPPU”) recently issued a new regulation regarding the Competition Compliance Program. The core of this program is expected to be a tool to ensure companies comply with Competition Laws, and to detect any violations of Competition Laws in business. The need to influence behavior and motivate individuals or business entities to comply with regulations related to business competition is in line with one of the objectives of the theory Carrot and Sticks. This theory is based on the assumption that rewards and punishments can be effective instruments to encourage compliance and prevent fraud.
COMMERCIAL MATERIAL TRANSFER AGREEMENT: SALAH SATU SOLUSI PERLINDUNGAN HAK KEKAYAAN INTELEKTUAL PENELITI INDONESIA Marina Eka Amalia; Parulian Paidi Aritonang
UNES Law Review Vol. 5 No. 4 (2023): UNES LAW REVIEW (Juni 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.605

Abstract

Abstract Currently, Indonesia has not provided adequate protection of intellectual property rights (IPR) in the implementation of the Material Transfer Agreement (MTA). In providing the protection of the Indonesian nation's intellectual property on Genetic Resources (SDG) —especially those derived from genetic material in the form of biological material (DNA/RNA), clinical specimens, and non-biological material (related to human health), the Indonesia's Material Transfer Agreement (MTA) standard is still far from perfect. A Commercial Material Transfer Agreement (CMTA) is required which not only contains clauses on the exchange of genetic material but also contains more detailed provisions on Intellectual Property Rights such as Patents and Benefit Sharing. In this Journal, the author proposes a new framework for the Commercial Material Transfer Agreement (CMTA) which contains additional clauses from the current MTA, which is expected to further protect and encourage of new patentable invention in the future.
Implementasi Insolvency Test Dalam Menyatakan Debitur Pailit Berdasarkan Hukum Kepailitan di Indonesia Fuad, Assyifa; Paidi Aritonang, Parulian
UNES Law Review Vol. 6 No. 4 (2024): UNES LAW REVIEW (Juni 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.2007

Abstract

A bankruptcy application can be submitted by the debtor or creditor with a minimal prerequisite, namely having at least 2 (two) creditors and having a debt that has fallen due and is payable in accordance with the provisions of Article 2 paragraph 1 of Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations (“The Bankruptcy Law”). The ease of filing bankruptcy petitions has raised concerns about its potential to disadvantage debtors and perpetuate malpractices among bankruptcy petitioners. This concern is particularly evident in cases where debtors possess assets that exceed their outstanding debts, rendering them solvent rather than insolvent. A prime example of this issue is the landmark case of Putusan Pengadilan Niaga 48/Pailit/2012/PN.Niaga.Jkt.Pst, where the Commercial Court declared PT Telkomsel bankrupt without first establishing or obtaining evidence that PT Telkomsel's assets were less than its debt to PT PJI, thereby placing it in a state of insolvency. Based on this, the Author will examine the necessity of implementing an insolvency test whose provisions are currently adopted in Government Regulation Number 74 of 2020 regarding the Investment Management Institution.
TEORI CARROT AND STICKS DALAM MENUNJANG PERKEMBANGAN COMPETITION COMPLIANCE PROGRAMME INDONESIA Chairunnisa, Adinda Aisyah; Aritonang, Parulian Paidi
UNES Law Review Vol. 5 No. 4 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.601

Abstract

In an effort to encourage business actors to create fair and ethical business competition, the Business Competition Supervisory Commission (“KPPU”) recently issued a new regulation regarding the Competition Compliance Program. The core of this program is expected to be a tool to ensure companies comply with Competition Laws, and to detect any violations of Competition Laws in business. The need to influence behavior and motivate individuals or business entities to comply with regulations related to business competition is in line with one of the objectives of the theory Carrot and Sticks. This theory is based on the assumption that rewards and punishments can be effective instruments to encourage compliance and prevent fraud.
COMMERCIAL MATERIAL TRANSFER AGREEMENT: SALAH SATU SOLUSI PERLINDUNGAN HAK KEKAYAAN INTELEKTUAL PENELITI INDONESIA Amalia, Marina Eka; Aritonang, Parulian Paidi
UNES Law Review Vol. 5 No. 4 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.605

Abstract

Abstract Currently, Indonesia has not provided adequate protection of intellectual property rights (IPR) in the implementation of the Material Transfer Agreement (MTA). In providing the protection of the Indonesian nation's intellectual property on Genetic Resources (SDG) —especially those derived from genetic material in the form of biological material (DNA/RNA), clinical specimens, and non-biological material (related to human health), the Indonesia's Material Transfer Agreement (MTA) standard is still far from perfect. A Commercial Material Transfer Agreement (CMTA) is required which not only contains clauses on the exchange of genetic material but also contains more detailed provisions on Intellectual Property Rights such as Patents and Benefit Sharing. In this Journal, the author proposes a new framework for the Commercial Material Transfer Agreement (CMTA) which contains additional clauses from the current MTA, which is expected to further protect and encourage of new patentable invention in the future.
Implementasi Insolvency Test Dalam Menyatakan Debitur Pailit Berdasarkan Hukum Kepailitan di Indonesia Fuad, Assyifa; Paidi Aritonang, Parulian
UNES Law Review Vol. 6 No. 4 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.2007

Abstract

A bankruptcy application can be submitted by the debtor or creditor with a minimal prerequisite, namely having at least 2 (two) creditors and having a debt that has fallen due and is payable in accordance with the provisions of Article 2 paragraph 1 of Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations (“The Bankruptcy Law”). The ease of filing bankruptcy petitions has raised concerns about its potential to disadvantage debtors and perpetuate malpractices among bankruptcy petitioners. This concern is particularly evident in cases where debtors possess assets that exceed their outstanding debts, rendering them solvent rather than insolvent. A prime example of this issue is the landmark case of Putusan Pengadilan Niaga 48/Pailit/2012/PN.Niaga.Jkt.Pst, where the Commercial Court declared PT Telkomsel bankrupt without first establishing or obtaining evidence that PT Telkomsel's assets were less than its debt to PT PJI, thereby placing it in a state of insolvency. Based on this, the Author will examine the necessity of implementing an insolvency test whose provisions are currently adopted in Government Regulation Number 74 of 2020 regarding the Investment Management Institution.
Co-Authors Adinda Aisyah Chairunnisa Adiputri, Raden Ayu Farah Diva Amalia, Marina Eka Ardinovan Junico Alief Chairunnisa, Adinda Aisyah Fuad, Assyifa Jerry Saut P. Sihotang Marina Eka Amalia Ramadhan Muhamad