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Prita Amalia, Prita
Fakultas Hukum, Universitas Padjadjaran
Religion Arts Humanities Civil Engineering, Building, Construction & Architecture Control & Systems Engineering Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Engineering Environmental Science Industrial & Manufacturing Engineering Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Transportation Other

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Pengolahan Minuman Berkhasiat dari Tanaman Obat Keluarga (Toga) untuk Peningkatan Kesehatan dan Keterampilan Bisnis di Desa Denggungan, Boyolali Ramadhan, Ana Noviana; Qolby, Fatihatul; Faradina, Tazky Aulia; Putri, Hanan Aliya; Amalia, Prita; Maulanisa, Hasna Fitri; Hayati, Aisyah Nur; Irawan, Fery; Astuti, Violi Maulidya Charlieans Ning; Aziz, Wahyu Rizkika; Suswardany, Dwi Linna
Community: Jurnal Pengabdian Kepada Masyarakat Vol. 3 No. 01 (2023): MARET
Publisher : Academia Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57060/community.v3i01.86

Abstract

Tanaman Obat Keluarga (TOGA), also known as live medicinal plants, are plants planted in the home yard. Based on data from the 2022 Boyolali Regency Health Profile, the prevalence of sufferers of degenerative diseases such as hypertension in Boyolali Regency is 38.63% or 199,370 people. Meanwhile, the prevalence of diabetes mellitus (DM) was 2.2% or 18,325 people. This service is carried out with the aim of building and implementing community habits in consuming healthy drinks made from TOGA spices in order to prevent degenerative diseases in society. This activity takes place in several activity stages, namely 1) Preparation stage, 2) Implementation stage which consists of material socialization, product demonstrations, cooking practices and business materials, 3) Evaluation. It is hoped that the sustainability of this program can be carried out by utilizing home gardens as land for planting TOGA, so that the use of TOGA for health can be carried out sustainably and have an impact on the socio-economic aspects of the community.
MODEL REGULATION OF THIRD-PARTY FUNDING IN INDONESIA: A COMPARATIVE STUDY Kanris, Jesslyn; Amalia, Prita
Transnational Business Law Journal Vol. 1 No. 1 (2020): TRANSNATIONAL BUSINESS LAW JOURNAL, Volume 1, Number 1, February 2020
Publisher : Department of Transnational Business Law, Faculty of Law Universitas Padjadjaran

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

ABSTRACTThe emerging practice of third-party funding provides an answer for the party whose rights has been breached but are financially constrained to bring forth its claims to an investment arbitration. However, the practice of third-party funding does not always run smoothly according to its optimistic expectations and noble goals. The lack of concrete regulations regarding its practice imposes several issues concerning its involvement in investment arbitration. By using normative legal and case analysis approach, this paper analyses legal doctrines and principles in investment arbitration law and their implementations in the community through comparative cases. The research uses a descriptive analytical method which describes the applicable legal regulations correlated with legal theories and their implementation in the research object. The research was conducted by finding secondary data using primary, secondary, and tertiary legal materials. The results of the research show that the regulations regarding the practice of third-party funding in addition to provide access to justice for financially constrained parties is also required to provide answers to concerns raised by its involvement in investment arbitration. The action that can be done by the Indonesian government to solve the aforementioned problem is to issue a specific international arbitration law which includes the regulations regarding the practice of third-party funding.Keywords: Third-Party Funding in International Investment Arbitration, Indonesian Arbitration Law, Model Implementation of Indonesian International Arbitration Law.
IMPLICATIONS OF THE PRINCIPLE OF NON-DISCRIMINATION IN THE INDONESIA-EUROPEAN UNION COMPREHENSIVE ECONOMIC PARTNERSHIP AGREEMENT ON GOVERNMENT PROCUREMENT CHAPTER TOWARD REGULATIONS OF DOMESTIC PRODUCT USE IN INDONESIA Syukri, Syukri; Amalia, Prita
Transnational Business Law Journal Vol. 1 No. 2 (2020): TRANSNATIONAL BUSINESS LAW JOURNAL, Volume 1, Number 2, Agust 2020
Publisher : Department of Transnational Business Law, Faculty of Law Universitas Padjadjaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23920/transbuslj.v1i2.361

Abstract

This article aims to explain the differences between regulations on the use of domestic product in Indonesia and the principle of non-discrimination in Indonesia-European Union Comprehensive Economic Partnership Agreement (I-EU CEPA) on Government Procurement Chapter and the legal consequences for domestic regulations in Indonesia. The research method used is a normative juridical method with exploratory specifications. The results of this study indicate that the principle of non-discrimination, which consists of most favored-nation treatment and national treatment in the I-EU CEPA on Government Procurement Chapter, differs from regulations in Indonesia because the use of domestic product is mandatory in the government procurement and discriminatory against foreign suppliers. The difference in these provisions has implications, namely if Indonesia and the European Union agree to the I-EU CEPA, they must adjust the regulations for the use of domestic product in accordance with the principle of non-discrimination in the I-EU CEPA or World Trade Organization Agreement on Government Procurement (WTO GPA) or ratify the I-EU CEPA in the form of a Law and its enforcement is lex specialis and it is necessary to make adjustments to the implementing regulations by giving time after entry into force. In addition, Indonesia does not have the obligation to provide equal treatment to third countries because the I-EU CEPA is a bilateral agreement and Indonesia is not yet bound by a multilateral agreement, namely the WTO GPA. In addition, if Indonesia and the European Union agree to an I-EU CEPA, the Indonesian side cannot cancel it on the grounds that it violates the provisions of national law.
THE ONLY CERTAINTY IS UNCERTAINTY: REMOTE HEARING IN INDONESIAN ARBITRATION Akbar, Amrul; Amalia, Prita
Transnational Business Law Journal Vol. 2 No. 2 (2021): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 2, Number 2, August 2021
Publisher : Department of Transnational Business Law, Faculty of Law Universitas Padjadjaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23920/transbuslj.v2i2.792

Abstract

The remote hearing practice emerges as an alternative to in-person hearing as the established practice in arbitration. Yet, the practice of remote hearing does not always agreed upon by the parties in certain circumstances. The lack of certain laws governing its application raises a number of issues surrounding its application in arbitration. This paper examines legal theories and principles in domestic procedure law, international arbitration law, and their implementation in practice through comparative cases, utilizing a normative legal and case analysis method. The study employs a descriptive-analytical approach to describe the relevant legal rules, as well as legal theories and their application in the study object. Secondary data was gathered from primary, secondary, and tertiary sources of law for the study. The study's findings indicate that the laws governing remote hearings in Indonesia are uncertain in terms of confidentiality, the need for consent, mandatory preparation, control, and, very crucially, enforcement of the arbitration award. In contrast, it should address the issues generated by its extensive role in arbitration. The Indonesian government can address the aforementioned issue by enacting a particular procedural legislation that contains provisions for remote hearings in arbitration practice.
LOCAL CONTENT REGULATIONS IN INFRASTRUCTURE DEVELOPMENT AND THE NATIONAL TREATMENT PRINCIPLE Suhendra, Hartono; Amalia, Prita
Transnational Business Law Journal Vol. 5 No. 2 (2024): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 5, Number 2, August 2023
Publisher : Department of Transnational Business Law, Faculty of Law Universitas Padjadjaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23920/transbuslj.v5i2.1876

Abstract

The local content requirement is a policy aimed at promoting domestic industries and reducing dependence on imported products. However, its application, particularly in the procurement of goods for solar power plants, raises concerns about potential violations of the national treatment principle found in international agreements such as GATT 1994 and the Agreement on TRIMs. This study seeks to explore the implementation of local content requirements in infrastructure project procurement in relation to the national treatment principle and the government's efforts to enforce these regulations. The research employs a normative juridical approach, drawing on literature sources and analyzing the issue based on legal principles. The study is descriptive-analytical in nature, utilizing secondary data gathered from primary, secondary, and tertiary legal materials through literature review and analyzed using qualitative juridical methods. The findings indicate that the application of local content requirements in the procurement of infrastructure projects for solar power plants in Indonesia is not fully aligned with the national treatment principle. The government has made efforts to enforce local content requirements without breaching international law by implementing incentives and providing exceptions for imported goods under certain conditions.
ACTION THAT CAN BE TAKEN BY THE PARTIES AS A RESULT OF DIFFERENCES IN THE RIGHT TO SUSPEND PERFORMANCE REGULATED IN CISG 1980 AND INDONESIA CONTRACT LAW Inzaghi, Rafly Nauval; Amalia, Prita; Trisnamansyah, Purnama
Jurnal Poros Hukum Padjadjaran Vol. 5 No. 2 (2024): JURNAL POROS HUKUM PADJADJARAN
Publisher : Fakultas Hukum Universitas Padjadjaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23920/jphp.v5i2.1635

Abstract

The Hell-or-High-Water Clause in Aircraft Leasing Contract: UNIDROIT Principles and the Indonesian Civil Code Karami, Ahmad Adib; Amalia, Prita; Trisnamansyah, Purnama
Uti Possidetis: Journal of International Law Vol 5 No 3 (2024): Oktober
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v5i3.36151

Abstract

This research analyses the hell-or-high-water clause in aircraft leasing contracts in the context of the principle of freedom of contract. Focusing on the review of the principle of freedom of contract based on UNIDROIT Principles of International Commercial Contract (UPICC) 2016 and Indonesian Civil Code,  this research uses normative juridical method with analytical descriptive approach. The findings show that the hell-or-high-water clause has a high binding force, providing legal certainty, especially for the lessor. However, its application must be in line with the principle of freedom of contract regulated in UPICC 2016 and the Civil Code. The application of this clause is suggested to consider three limitations stipulated by the UPICC 2016: first, the principle of freedom of contract that allows businesses to choose partners and transaction terms; second, the exclusion of certain sectors in the public interest by the state; and third, mandatory rules that limit the content of the contract. Therefore, the hell-or-high-water clause should be applied with due regard to the implementation of the principle of freedom of contract as well as national law or the existence of compelling national regulations.
Legal Perspectives on Small-Scale Infrastructure Development Through Public-Private Partnerships: A Development Law Analysis Kurdi, Kurdi; Amalia, Prita; Wardhana, Yuki M.A
Jurnal Hukum Magnum Opus Vol. 8 No. 1 (2025): Februari 2025
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/jhmo.v8i2.11825

Abstract

This study aims to analyze the implementation of infrastructure development in Indonesia using the Public-Private Partnership (PPP) scheme from the perspective of development law as proposed by Prof. Dr. Mochtar Kusumaatmadja. Infrastructure development is crucial for achieving national development goals and improving public welfare, yet it often faces challenges such as bureaucracy and funding. The PPP scheme offers a solution by integrating the public and private sectors, as well as sharing risks to enhance the effectiveness and efficiency of infrastructure projects. This research employs a normative juridical method to examine regulations related to PPP, specifically Presidential Regulation Number 38 of 2015, and a conceptual approach to understanding the development law theory proposed by Kusumaatmadja. This theory emphasizes the role of law as a tool for reform and social development, with two main dimensions: order and regulation, and effective governance. The study finds that the PPP scheme aligns with the principles of development law theory, focusing on sustainable development, orderliness, and adherence to international practices. Additionally, the PPP scheme demonstrates a close relationship with national legal development, supporting the implementation of infrastructure projects. These findings are expected to provide insights for the more effective development and application of PPP in the context of development law in Indonesia
Harmonization of Funding for Government Cooperation With Small-Scale Public-Private Partnership Kurdi, Kurdi; Amalia, Prita; Mahardhito Adhitya Wardhana, Yuki
Jurnal Ius Constituendum Vol. 9 No. 3 (2024): OCTOBER
Publisher : Magister Hukum Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/jic.v9i3.10536

Abstract

This study examines the relevance of the Ministry of National Development Planning (Bappenas) Regulation No. 7 of 2023 and Law No. 1 of 2022 in supporting the Small-Scale Public-Private Partnership (PPP) scheme. The urgency of this research lies in the need to improve existing regulations and ensure legal certainty for Small-Scale PPPs, as these regulations provide relevant frameworks for such schemes. The study aims to understand how regulatory harmonization can enhance regional fiscal capacity and facilitate project implementation. Utilizing a normative juridical method with legislative and conceptual approaches, the study finds that since 2015, only 6 out of 34 PPP projects involved local governments. The conclusion highlights the importance of simplifying regulations and adjusting project value requirements to increase regional participation and fiscal effectiveness. The study recommends regulatory adjustments to support more equitable and sustainable infrastructure development.
The Urgency of Implementing Exhausion of Local Remedies In Investment Dispute Settlement Regarding Mining Licenses In Indonesia Adiza, Salza Fadila; Amalia, Prita; Agusman, Damos Dumoli
Journal of Law and Policy Transformation Vol 9 No 1 (2024)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v9i1.9294

Abstract

The exhaustion of local remedies (ELR) is a principle viewed as an exception rather than a rule in international investment law. Hence, it tends to be forgotten, and Investor-State Dispute Settlement (ISDS) is preferable in resolving disputes concerning mining licenses. However, this has proven detrimental to Indonesia as a developing country. This research aims to analyze ELR implementation in international investment law and the urgency of implementing ELR for Indonesia as a developing country. This research uses normative and comparative juridical methods to find that ELR remains an important principle despite being generally waived and that there is an urgency for Indonesia as a developing country to implement ELR to (1) reassert sovereignty; (2) minimize financial loss; (3) improve domestic adjudication and strengthen rule of law. Implementing ELR can be done through BITs by referring to India and Argentina as models. An amendment to domestic law and regulation is also needed to ensure the enforceability of ELR in Indonesia.
Co-Authors AA Agustia Sinta Dewi Adi Nurzaman Adiza, Salza Fadila Afifah Zakiyatul Aulia Ahmad Farhan Baihaqqi Akbar, Amrul An An Chandrawulan An An Chandrawulan An An Chandrawulan Anhar Fauzan Priyono Anindita, Sashia Diandra Anindya Saraswati Ardiwinata Astuti, Violi Maulidya Charlieans Ning Aziz, Wahyu Rizkika Belaputri, Addyana Chandrawulan, An-An, Prof. Damos Dumoli Agusman Dandrivanto Budhijanto Danrivanto Budhijanto Dewanto, Jagad Putra Dewi Kania Sugiharti Dwi Linna Suswardany Erlien Erlien Aunina Linggar Aji Fachran, Syahreza Faradina, Tazky Aulia Fatimah Ibtisam Fery Irawan Garry Gumelar Pratama Hanan Aliya Putri Hayati, Aisyah Nur Helitha Novianty Muchtar Helitha Novianty Muchtar Huala Adolf Ida Bagus Mahawira Nawagani Inzaghi, Rafly Nauval IRAWAN, FERY Isis Ikhwansyah Isis Ikhwansyah Jessica Leonard Jonathan Matthew Jovanka Lingkanaya Kanris, Jesslyn Karami, Ahmad Adib Kurdi Kurdi Labib Wajdi, Muhammad Laksono, Wahyu Agung Leonard, Jessica Lingkanaya, Jovanka Makmun, M. Lazuardy Thariq Maulanisa, Hasna Fitri Nurzaman, Adi Nurzaman, R. Adi Owen, Patrick Pamungkas, Eksa Pamungkas, Eksa Pandu Rizky Putra Pratama Pupung Faisal Puput Mardiani Purba, Tesalonika Putri Pinuram Rambe Purnama Trisnamansyah Putri, Hanan Aliya Putri, Resha Roshana Qolby, Fatihatul Ramadhan, Ana Noviana Sashia Diandra Anindita Sinta Dewi Sinta Dewi Rosadi Suhendra, Hartono Syukri Syukri Taufik Rachmat Nugraha Velani Prastika Diyanto Velicia Theoartha Manalu Velly, Nicholas Vida Azaria Wahyu Agung Laksono Wangsit Restu Adi Guritno Wardhana, Yuki Mahardhito Adhitya Wawan Hermawan Wawan Hermawan Yogi Suprayogi Yogi Suprayogi Sugandi Yudi Azis