Garuda - Garba Rujukan Digital

E-Hailing Transportation and the Issue of Competition in Indonesia Anggriawan, Rizaldy
Indonesian Comparative Law Review Vol 2, No 1: December 2019
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.2116

E-hailing transportation can be an alternative solution for both fulfilling the increasing demand for public transportation and reducing the number of vehicles on the road. As a populated country, Indonesia has benefited much from the emergence of e-hailing transportation. Unfortunately, despite positive impacts that have been enjoyed, numerous issues have arisen along with the growth of e-hailing transportation in the country. There are several indications that e-hailing companies have been involving in an unfair competition, including predatory pricing. This is done by offering very low fare of transportation services (commonly referred to as promotion fare) whose purpose is to eliminate their competitors. As such, the winner will be monopolizing the market and harming the ecosystem in it. The aims of this paper is to examine whether the Indonesian competition law can address the unfair business competition within e-hailing industry. It is found that e-hailing industry in Indonesia has been exposed to the practice of cash-burning by the business players. Competition law is needed to foster fair competition among the business players in e-hailing industry. Furthermore, the Government needs to formulate the good competition policy and ensure its enforcement.

Insolvency Proceedings: ASEAN and EU Comparison on the Rules of Foreign Court Jurisdiction Anggriawan, Rizaldy
Indonesian Comparative Law Review Vol 3, No 1: December 2020
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.v3i1.11621

Due to a lack of uniformity or harmonization of laws and regulations, cross-border insolvency has remained an issue in the ASEAN region. ASEAN economic openness with the implementation of the ASEAN Free Trade Area (AFTA) and ASEAN Economic Community (AEC) may create issues at some points as investors compete to dominate the ASEAN while assets are located not only on their own territory but also in other ASEAN member countries. On some occasions, they can fail to meet their debt payment obligations when performing international business transactions. As a result of the bankruptcy case, a legal arrangement may exist between the country in which the business actor is declared bankrupt and the country in which the bankrupt debtor's assets are located. This interaction between two or more countries involves a clash of jurisdictions. In order to counter such an issue, ASEAN may learn from what the EU has done over these decades. The study aims to compare the regulatory issue of foreign court jurisdiction in settling the insolvency cases both in ASEAN and EU. The paper is normative-qualitative legal research. It used a comparative, statute, and conceptual approach. It is found that in terms of cross-border insolvency, the European Union is far ahead of ASEAN, given that at least two major regulations in place, namely EC Regulation 1346/2000 and EU Regulation 2015/848, while ASEAN has almost nothing to offer at this time. The experience of the EU to formulate and implement a settled regulation on foreign court jurisdiction in settling the insolvency cases among EU member countries is one of the valuable lessons that ASEAN may take from the EU.Â

The Rights to Nationality for Ex ISIS Combatants Repatriation Under International Law Yordan Gunawan; Ravenska Marchdiva Sienda; Rizaldy Anggriawan; Andi Agus Salim
Jurnal Hubungan Internasional Vol 10, No 2 (2022)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jhi.v10i2.12227

In 2020, the Coordinating Minister for Political, Legal, and Security Affairs of Indonesia, Mahfud MD, affirmed that any Indonesian citizen affiliated with ISIS would not be repatriated. However, Article 28D of the 1945 Constitution ensures that a person’s citizenship status is guaranteed as one of the human rights, as guaranteed in Article 15 of the Universal Declaration of Human Rights. For this reason, this research used a normative legal research method using statute and case approaches through literature review. The research raises the question of how is the protection of the rights to nationality for ex-ISIS based on international law? The research aims to discuss and analyze the rights to the nationality of ex-ISIS combatants under the implementation of international law, such as Article 1 (1) of the 1954 Convention Relating to the Status of Stateless Persons. The research results explain that the state’s discretion regarding nationality is particularly limited to conditions such as the prohibition of arbitrary deprivation, the duty to avoid statelessness, and the principle of discrimination, and everyone has a right to a nationality.

RESPONDING TO COVID-19: INDONESIAN OCCUPATIONAL HEALTH AND SAFETY POLICY FOR CORPORATE COMPLIANCE Rizaldy Anggriawan
Journal of Industrial Hygiene and Occupational Health Vol 5, No 1 (2020): Integrated Occupational Safety and Health Implementation
Publisher : Universitas Darussalam Gontor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21111/jihoh.v5i1.4669

The corporate compliance towards the legal policy notably on safety and health of workers becoming a major issue which should be highlighted by the government and entrepreneurs during Covid-19 outbreak in Indonesia. The paper aims to explore the legal framework on occupational health and safety protocols for corporate which were regulated by the government. It highlights the major regulations and policies stipulated by President, ministries, as well as local government such as Governor of DKI Jakarta. It also discovers the penalties or sanctions that will be imposed on companies which infringe the policy. The paper provides the recommendation for the development of current policy practice, in particular for corporate issues in occupational health and safety. The research method used is normative legal research. It reviewed laws, policies, and regulations which should be complied by the corporations in connection with occupational health and safety for workers during the pandemic. The paper found that the government and its subordinate bodies have generally defined an important legal and regulatory framework for the implementation of occupational safety and health for workers. In addition, several existing laws also may provide sanctions and penalties for companies that are still persistent in violating the laws and policies during the spread of the outbreak.Keyword: legal policy; occupational health and safety; corporate, covid-19

The Fishing Rights Conflict in the South China Sea between Vietnam and China Mohammad Hazyar Arumbinang; Yordan Gunawan; Rizaldy Anggriawan
Sriwijaya Law Review Volume 5 Issue 2, July 2021
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol5.Iss2.875.pp205-217

This research aims to understand and clarify the international legal perspec-tive relating to the current dispute and how they are resolved according to international law between Vietnam and China over fishing rights in the South China Sea. This paper has adopted a normative legal research with a statutory and historical approaches. The data will be analysed by using de-scriptive-analytical analysis. This paper reveals that there are two legal is-sues in the fishing rights conflict between Vietnam and China. First is the legality of the Nine-dashed Line by China to claim the disputed water. Sec-ond, the legality of unilateral fishing ban policy by China over the disputed water, which both has no legality under international law. Although China claims over SCS using Nine-dashed Line and unilateral fishing ban policy under international law has no legal basis, the dispute over SCS including fishing rights continued until today. The solutions offered to solve these problems include a resolution on SCS dispute must be made legally and di-plomacy to build confidence-building measures. Ideally, both states should honour the accepted negotiation steps to agree upon compensation for the effects of the disputes and be sincere and earnest in their attempts and com-mitment to resolving their dispute.

E-Hailing Transportation and the Issue of Competition in Indonesia Rizaldy Anggriawan
Indonesian Comparative Law Review Vol 2, No 1 (2019)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.2116

E-hailing transportation can be an alternative solution for both fulfilling the increasing demand for public transportation and reducing the number of vehicles on the road. As a populated country, Indonesia has benefited much from the emergence of e-hailing transportation. Unfortunately, despite positive impacts that have been enjoyed, numerous issues have arisen along with the growth of e-hailing transportation in the country. There are several indications that e-hailing companies have been involving in an unfair competition, including predatory pricing. This is done by offering very low fare of transportation services (commonly referred to as promotion fare) whose purpose is to eliminate their competitors. As such, the winner will be monopolizing the market and harming the ecosystem in it. The aims of this paper is to examine whether the Indonesian competition law can address the unfair business competition within e-hailing industry. It is found that e-hailing industry in Indonesia has been exposed to the practice of cash-burning by the business players. Competition law is needed to foster fair competition among the business players in e-hailing industry. Furthermore, the Government needs to formulate the good competition policy and ensure its enforcement.

Passenger Name Record Data Protection under European Union and United States Agreement: Security over Privacy? Rizaldy Anggriawan; Andi Agus Salim; Yordan Gunawan; Mohammad Hazyar Arumbinang
Hasanuddin Law Review VOLUME 8 ISSUE 2, AUGUST 2022
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v8i2.2844

Privacy should become a key component in the IT system. It is not something to be considered at last but from the very early stages. Almost no nation has a greater sense of personal data security which could be equivalent to the European level. Since 9/11, the United States has declared to utilize PNR as a method for combating terrorism by associating PNR data with criminal records. Nevertheless, in fact, the majority of data found in the PNR is immense and most of this data is of a confidential nature. The paper used doctrinal legal research methodology utilizing the case and comparative law approach. It elaborates particular cases in relation to data protection issues. It also explores the differences between EU and US law which hinder the idea of data protection in particular on PNR. The study revealed that security is one of the most critical issues which hinder the agreement between the EU and the US on PNR data protection. As the EU promotes the highest standard to the data protection referring to the European community history and GDPR provisions, while the US places national security as a main priority beyond the privacy issues.

Sharia Compliance on Murabaha Financing in Sharia Rural Banks: A Review of Recent Practices Muhammad Khaeruddin Hamsin; Abdul Halim; Rizaldy Anggriawan; Ahmad Fanani
Varia Justicia Vol 18 No 3 (2022): Vol 18 No 3 (2022)
Publisher : Fakultas Hukum Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/variajusticia.v18i3.8376

One of the most significant concerns in the practice of Sharia Rural Banks is Islamic compliance. This is necessary to guarantee that the policies, provisions, processes, and procedures, as well as the Sharia Rural Bank’s (BPRS) business activities, are in accordance with the provisions and Sharia Principles. The aim in this paper is to extensively evaluate whether Sharia rural banks have completely implemented and conformed with Sharia norms and values, particularly when it comes to Murabaha financing practices. It elaborates on the compliance assessment from the initial application of Murabaha to its complete execution. It also explores the BPRS debt settlement plan, which is in accordance with the DSN-MUI Fatwa, and discusses the OJK Policy on the restructuring process during the Covid-19 crisis. The paper used a normative-empirical research method with employing statutory and conceptual approaches. The análysis of data is described in qualitative-descriptive where the data was obtained from library and empirical research. The findings show that, with a few outliers, the DSN-MUI Fatwa and OJK Policy are implemented in the execution of Murabaha contracts at BPRS. Even during a pandemic crisis, when many customers were unable to settle their debts, the bank was compelled to postpone the debt while still adhering to Sharia principles. However, certain features, particularly the application of the Murabaha contract that is preceded by a wakalah contract, are thought to be in contradiction of the DSN-MUI fatwa on Murabaha.

Sharia E-Wallet: The Issue of Sharia Compliance and Data Protection Muhammad Khaeruddin Hamsin; Abdul Halim; Rizaldy Anggriawan; Hilda Lutfiani
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 17 No. 1 (2023)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/mnh.v17i1.7633

Sharia digital payments have lately emerged as one of the most significant innovations and breakthroughs in the field of Islamic economics in Indonesia. However, behind the positive side of the use of sharia e-wallets, there is one thing that all parties involved need to pay attention to, which if ignored can become a double-edged sword for its users, namely compliance, security, and personal data protection. The paper aims to investigate how the Indonesian government regulates data privacy for Islamic e-wallet users. It also investigates the potential risks and challenges of Islamic digital payments particularly in regard to data protection. Besides, it also investigates whether or not the sharia e-wallet has complied with the Fatwa of National Sharia Council (DSN-MUI). The study used normative research methods employing statutory, case, and conceptual approaches. This study reveals that the use of sharia e-wallets in Indonesia is essentially in compliance with Islamic principles as stated in the Fatwa of the National Sharia Council. As for the protection of personal data, in fact, this has been regulated in a comprehensive manner by the government and related state institutions such as Bank Indonesia and the Financial Services Authority. However, the government still has work that must be considered in regard to the compliance of sharia digital payment operators with established laws and regulations, where in the event of the operators violated the use of data privacy, thus they will face a severe sanctions stipulated by the prevailed rule.

Peran Pemerintah Indonesia dan Taiwan dalam Menanggulangi Kasus Pekerja Migran Indonesia "Kaburan" Rofi Aulia Rahman; Andi Agus Salim; Rizaldy Anggriawan
Jurnal Wawasan Yuridika Vol 5, No 1 (2021): Maret 2021
Publisher : Sekolah Tinggi Hukum Bandung

Tujuan penelitian ini adalah untuk mengetahui alasan yang melatarbelakangi pekerja migran Indonesia di Taiwan kabur dari pekerjaannya. Di sisi lain, penelitian ini juga menganalisis upaya Pemerintah Indonesia dan Taiwan untuk melindungi pekerja migran Indonesia kaburan. Penelitian ini bersifat deskriptif dengan jenis yuridis normatif, menggunakan data primer dan sekunder, melalui pendekatan perundang-undangan. Pengumpulan data dilakukan melalui metode wawancara untuk mengkonfirmasi alasan pekerja migran Indonesia kaburan dan studi literatur, kemudian dianalisis secara kualitatif. Hasil penelitian menunjukkan bahwa terdapat faktor-faktor yang mengakibatkan pekerja migran kabur, yaitu kondusifitas lingkungan kerja dan profesionalitas pekerja. Selain itu, penelitian ini menunjukkan bahwa upaya Pemerintah Indonesia dan Taiwan masih belum maksimal dalam mencegah dan menanggulangi kasus pekerja migran Indonesia kaburan di Taiwan sehingga membutuhkan upaya perlindungan yang jelas dalam menanggulangi kasus tersebut.

Title

Found 28 Documents
Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title Search

Found 28 Documents Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title

Found 28 Documents
Search