C. Kastowo, C.
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REKONSTRUKSI KONSEP FUNGSI SOSIAL HAK CIPTA SEBAGAI HAK MILIK Kastowo, C.
Justitia et Pax Vol 31, No 2 (2015): Justitia Et Pax Volume 31 Nomor 2 Tahun 2015
Publisher : Penerbit Universitas Atma Jaya Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/jep.v31i2.1341

Abstract

AbstractCopy right as a part of intellectual property rights gives authority as ownership right in Indonesian legal system. Copy right and intellectual property right basicly have different philosophy from Indonesian original ownership right. The meeting of regulation system with different basic philosophy can result in resistence to intellectual property right. Thistheoretical conceptual research was conducted to discuss both primary and secondary legal materials completed with the interview with the resource person. The research result concluded that the ownership right in intelectual property right accommodated by Indonesian people should follow the Indonesian ownership right which has social function derived from Indonesian legal philosophy that is Pancasila.Keywords: property rights, copyright, social functions.AbstrakHak cipta sebagai bagian dari sistem hak kekayaan intelektual memberikankewenangan sebagai mana hak milik dalam sistem hukum Indonesia. Hak cipta dan hal kekayaan intelektual secara dasar memiliki filosofi yang berbeda dengan hak milik asli bangsa Indonesia. Perjumpaan sistem aturan dengan filosofi dasar yang berbedadapat menimbulkan resistensi atas aturan HKI. Penelitian konseptual teoritis ini dilakukandengan melakukan pengkajian atas bahan hukum primer dan sekunder dilengkapi wawancara dengan resource person. Hasil penelitian ini berkesimpulan bahwa sistem hak milik dalam HKI yang diakomodasi oleh bangsa Indonesia harus tunduk dengan konsep hak milik bangsa Indonesia yaitu berfungsi sosial yang bersumber pada filosofi hukum Indonesia yaitu Pancasila.Kata kunci: hak milik, hak cipta, fungsi sosial.
Obligation to Use Rupiah in Business Transactions in Indonesia Indrawati, Etty; Windajani, E. Imma Indra Dewi; Kastowo, C.; Shalom, Efraim Yehuda
West Science Law and Human Rights Vol. 2 No. 03 (2024): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v2i03.1216

Abstract

The Unitary State of the Republic of Indonesia as an independent and sovereign country, has a currency as a symbol of state sovereignty that must be respected and proud of by all Indonesian citizens. The rupiah is the currency of the Unitary State of the Republic of Indonesia which applies as a mandatory and legal payment instrument in the territory of the Unitary State of the Republic of Indonesia. However, there are areas in Indonesia that do not use Indonesian currency (Rupiah) as the main instrument of business transactions, especially in the border area between Indonesia and Malaysia. This raises the issue of the circulation of foreign currency as a tool for business transactions in the territory of Indonesia, which in turn creates competition between Rupiah and Ringgit in the economic circulation of the community in Indonesia. The purpose of this study is to determine the preventive and repressive efforts that can be made by the Indonesian government and Bank Indonesia to minimize violations of the use of foreign currencies in the territory of Indonesia, as regulated in Law Number 7 of 2011 concerning Currencies and Bank Indonesia Regulation Number 17/3/PBI/2015 concerning Obligations to Use Rupiah in the Territory of the Unitary State of the Republic of Indonesia. This research is normative legal research through library research by tracing secondary data in the form of primary legal materials, secondary legal materials, and tertiary legal materials, using documentation methods and instruments in the form of document studies. Then, the data were analyzed using qualitative analysis. The results of this research indicate that some preventive efforts can be made by the government and Bank Indonesia. The first is strengthening juridical instruments by the Government and Bank Indonesia. The second is the government together with Bank Indonesia must carry out a socialization and education movement related to the obligation to use Rupiah currency. The third is the government must build economic infrastructure facilities. The fourth is the government and Bank Indonesia can encourage the public to use Rupiah currency in electronic and digital forms. In this research, repressive efforts are not needed, because they can be resolved with preventive efforts, except in certain offenses that threaten the country's economic turnover or endanger the existence of the Rupiah currency on a massive scale.
Obligation to Use Rupiah in Business Transactions in Indonesia Indrawati, Etty; Windajani, E. Imma Indra Dewi; Kastowo, C.; Shalom, Efraim Yehuda
West Science Law and Human Rights Vol. 2 No. 03 (2024): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v2i03.1216

Abstract

The Unitary State of the Republic of Indonesia as an independent and sovereign country, has a currency as a symbol of state sovereignty that must be respected and proud of by all Indonesian citizens. The rupiah is the currency of the Unitary State of the Republic of Indonesia which applies as a mandatory and legal payment instrument in the territory of the Unitary State of the Republic of Indonesia. However, there are areas in Indonesia that do not use Indonesian currency (Rupiah) as the main instrument of business transactions, especially in the border area between Indonesia and Malaysia. This raises the issue of the circulation of foreign currency as a tool for business transactions in the territory of Indonesia, which in turn creates competition between Rupiah and Ringgit in the economic circulation of the community in Indonesia. The purpose of this study is to determine the preventive and repressive efforts that can be made by the Indonesian government and Bank Indonesia to minimize violations of the use of foreign currencies in the territory of Indonesia, as regulated in Law Number 7 of 2011 concerning Currencies and Bank Indonesia Regulation Number 17/3/PBI/2015 concerning Obligations to Use Rupiah in the Territory of the Unitary State of the Republic of Indonesia. This research is normative legal research through library research by tracing secondary data in the form of primary legal materials, secondary legal materials, and tertiary legal materials, using documentation methods and instruments in the form of document studies. Then, the data were analyzed using qualitative analysis. The results of this research indicate that some preventive efforts can be made by the government and Bank Indonesia. The first is strengthening juridical instruments by the Government and Bank Indonesia. The second is the government together with Bank Indonesia must carry out a socialization and education movement related to the obligation to use Rupiah currency. The third is the government must build economic infrastructure facilities. The fourth is the government and Bank Indonesia can encourage the public to use Rupiah currency in electronic and digital forms. In this research, repressive efforts are not needed, because they can be resolved with preventive efforts, except in certain offenses that threaten the country's economic turnover or endanger the existence of the Rupiah currency on a massive scale.