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INDONESIA
Transnational Business Law Journal
Published by Universitas Padjadjaran
ISSN : 27221105     EISSN : 27470210     DOI : 10.23920/transbuslj
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
TRANSNATIONAL BUSINESS LAW JOURNAL (TBLJ) is a journal published by the Department Transnational Business law, Faculty of Law Universitas Padjadjaran. TBLJ publishes its articles annually every February and August. The articles published by TBLJ are scientific articles that explain a research result and analytical review The Journal’s scope includes the following: International Trade Policy; International Trade Theory; Multilateral & Regional Trade; Regimes Commercial Arbitration; Globalization Development and Trade; Foreign Direct Investment and Trade; Transnational Corporations and Trade; Emerging Markets; National and Regional Studies; Commercial Policy; International Institutions; International Financial Markets and Institutions; Shipping Law; Private International Law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 49 Documents
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PEOPLE'S BUSINESS CREDIT: OMNIBUS LAW AND BUSINESS REENGINEERING COMMUNITY FINANCIAL INSTITUTIONS Murwadji, Tarsisius; Tresna Puja Asmara, Teguh; Kusuma, Sylvia
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

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ABSTRACTThe Government's program to accelerate the development of the real sector and the empowerment of Micro, Small and Medium Enterprises (MSMEs), one of which is set forth in the policy package for the distribution of People's Business Credit (KUR). However, in its implementation, the KUR program experienced several problems and could not be carried out only by relying on funds from the Government or banks for the development of MSMEs. This is due to the fact that banks in conducting their business must always pay attention to the principle of banking prudence, while the KUR program requires banks to relax the conditions of their debtors who want to obtain credit or financing. This research uses the normative juridical approach method by emphasizing the study of literature and supported by data from field research. The results showed that the KUR program in its implementation could be synergized with the Corporate Social Responsibility (CSR) program. The CSR program can be a solution to the problems faced by the KUR program where later the CSR program can be used as a trigger for banking business reengineering in implementing the KUR program that can provide benefits for stakeholders. Keywords: People's Business Credit, Corporate Social Responsibility, Business Reengineering
A REVIEW ON THE IMPLEMENTATION OF INTERNATIONAL TRADE AGREEMENT IN INDONESIA Adolf, Huala
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

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ABSTRACTThe implementation of international trade agreements in Indonesia has been facing various problems in practice. This article describes the current situation where the international trade agreements already signed by the Republic of Indonesia are still facing problems in its implementation. This article suggested that Indonesia should have a permanent national institution in the implementation of international trade agreements.Keywords: Indonesia, International Agreements, Implementation, National Institution.
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

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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.
CHARTER’S LIABILITY ON DEMURRAGE: AN INDONESIA’S PERSPECTIVE Puti Diamar, Raisha; Chandrawulan, An an
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

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ABSTRACTCarriage of goods plays a substantial role for both domestic and international trade in pursuance of fulfilling the markets’ supply and demand. Amongst all modes of carriage of goods, carriage of goods by sea is deemed to be the most effective mode — cost and quantity wise. However, carriage of goods by sea has a high possibility towards time indiscipline which could result to huge amount of damages, one of which concerning demurrage caused by expiration of laytime. In its practice, problems tend to arise when parties exert to determine the liability of demurrage. Hence, this article aims to discuss further regarding the concerned liability of demurrage. This article used descriptive analytical method, discussing limitation of liability terms written on bill of ladings and laytime exception clauses. Keywords: Bill of Lading, Carriage of Goods by Sea, Laytime & Demurrage
BALANCING HOST STATE SOVEREIGNTY AND FOREIGN INVESTORS’ RIGHTS THROUGH A MINING DIVESTMENT RULE Tamara Sulistio, Chealse; Trisnamansyah, Purnama
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

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ABSTRACTShare divestment in foreign mining has been a significant focus for the Indonesian Government as its purpose to reverted national sovereignty through the state-control over natural resources and attempt to gain direct access to profits of the multinational companies through an ownership stake. Under Law No. 4 of 2009 on Mineral and Coal Mining (Mining Law), all foreign companies in mining are required to divest 51 percent of their interest in stage to the national participant. The State has indeed the right to protect its economy as a manifestation of permanent sovereignty. In an age of globalization, however, it is also necessary to maintaining their external sovereignty rights, including the right to establish relationships outside. This research aims to examine the implementation of shares divestment scheme in Mining Law to host state sovereignty. The method used is normative legal research and specification of descriptive analysis. The finding shows that the intention of the divestment obligation challenging to attain due to the process of the implementation of the divestment obligation is not in line with the fundamental principles of investment law and the concept of international economic sovereignty of Indonesia. The main goal of which is to devise series of recommendations and whether the alternative solution based on the other countries’ experience, which expected will be applied to reduce the risk for both host state and foreign investors in the mining sector.Keywords: Share Divestment, Mining Law, Sovereignty, Foreign Investment
APPLYING THE NEW LEX MERCATORIA BY OPTING-OUT APPROACH IN SETTLEMENT OF INTERNATIONAL COMMERCIAL CONTRACT DISPUTES Taufiqurrahman, Taufiqurrahman
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.v1i2.353

Abstract

The problem that must be solved at first in international commercial contract dispute settlement is the determination of applicable law. This problem is not easy to be solved in the absence of a choice of law clause. Generally, judges or arbitrators attempt to use conventional methods of determination that ultimately designate national law from either party. This conventional method certainly creates a sense of injustice for one of the parties whose national law is not embarrassed. From the condition above, the existence of an international law regime (the New Lex Mercatoria made by International Organizations operating in the field of International Commercial Law) as well as an approach that enforces the law regime is urgently needed in international trade traffic. The purpose of this study was to determine the importance of using an opting-out approach to enforce the New Lex Mercatoria in the resolution of commercial disputes encountered. The research method used is normative legal research method with the statute and conceptual approach. The results show that the "opting-out" approach further expands the potential of the New Lex Mercatoria in the settlement of international commercial contract disputes that ultimately leads to the harmonization of international commercial law.
REGULATION OF MAXIMUM TARIFF OF FLIGHT TICKETS FOR ECONOMIC CLASS PASSANGERS IN INDONESIA Isrami Yuristiana, Gita; Sudiro, Amad
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.v1i2.358

Abstract

Minister of Transportation Decree No. 106 of 2019 is a government reaction to soaring flight ticket fare on domestic routes. This Minister Decree aims to prevent unfair business competition practices as mandated by Law No. 5 of 1999. On the other hand, Law No. 5 of 1999 itself does not provide an explanation of what kind of price fixing referred to by Article 5 of the Act. This then raises a question regarding business competition between business actors. This legal issue starts from the most basic condition whether the airline have carried out the sale of airline tickets that do not harm passengers, and of course there is a legal basis. The society's need for air transportation is increasing every year, but is constrained by the increasingly expensive airline ticket rates. The society and business actors need the role of the government to be able to make policies that are impartial while still considering the interests of the society and business doers.
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.
CONTEMPORARY ISSUES ON ASEAN LIBERALIZATION OF LEGAL SERVICE FROM INDONESIA PERSPECTIVE Nico Hanna Lumanauw, Erick Risky
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.v1i2.369

Abstract

Kuala Lumpur meeting in 1997 has established and concepted three pillars in ASEAN known as ASEAN Economic Community (AEC), ASEAN Security Community (ASC), and ASEAN Socio-Cultural Community (ASCC). AEC has been established based on ASEAN Economic Blueprint 2015, to reach the target of ASEAN Vision 2020 targets, ASEAN member states made several cooperation agreements such as Preferential Trade Agreement (PTA), ASEAN Free Trade Area (AFTA), ASEAN Framework Agreement on Services (AFAS), ASEAN Investment Area (AIA 1998), and etc. Related to AEC nowadays, massive investment occurred in the ASEAN region, economic growth reached 5% in this region. There's various kinds of bussiness development of the services sector, mainly in legal service, in facing globalization and liberalization of business movement after Free Trade Agreement comes into force in ASEAN. The differences of the governmental system, geographical condition, and the divergence of jurisdiction also reflecting in the ASEAN Countries to regulate each national law regulation. This paper explain the comparison existing ten ASEAN countries national legislation, government decree relating to the liberalization of national legal services in each country. This research was expecting to help Indonesian government re-evaluate the Authorities and regulation related in modern business sector development, in result from the demand of capable attorneys by endorsing foreign lawyers to get practices in Indonesia to transfer knowledge to local attorneys.
ELECTRONIC TRANSACTIONS IN INDONESIA RELATED TO USE THE THEORY OF “LEX INFORMATICA” AND THE CONCEPT OF “SELF REGULATION” Priowirjanto, Enni Soerjati
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.v2i1.479

Abstract

The basis of electronic transaction is the free will from everyone who bind himself to others, without coercion from any party, and without the necessity to meet directly. This requires regulations other than the existing law as guidelines for the perpetrators. The agreement is made under lex Informatica, particularly the rules made and agreed upon by the parties in electronic transaction. This article is written to discuss the use of lex Informatica concerning the self-regulation approach carried out along with its examples of electronic transaction in Indonesia. The focus of the discussing is about the benefits of using lex Informatica in electronic transaction and the relation between lex Informatica and self-regulation as theory and approacch in electronic transaction. This study using juridical normative research methods, and descriptive-analytical specifications, through library research and field studies. The results obtained indicate that lex Informatica as a fondation law in internet can underlying an agreement between the parties regarding matters that are not regulated in statutory regulations and self-regulation relating to lex Informatica can be as a regulatory model that provides an opportunity for parties to regulates electronic transaction activities.

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