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Agus Sumpena
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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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THE INFLUENCE OF THE JURIDICAL CIVIC CRITICAL LEARNING MODEL ON CRIMINAL LAW COURSES AS AN ENHANCEMENT OF STUDENTS' CRITICAL THINKING Sundawa, Dadang; Muthaqin, Dwi Iman; Iswandi, Dede; Baeihaqi
Transnational Business Law Journal Vol. 2 No. 1 (2021): TRANSNATIONAL BUSINESS LAW JOURNAL, Volume 2, Number 1, February 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.v2i1.610

Abstract

The juridical civic critical learning model is a combination of several other learning models such as the direct discussion learning model, the debate learning model and the jurisprudential inquiry learning model. The purpose of carrying out this research is to examine the level of knowledge, understanding, attitudes and behavior of students towards a criminal law incident and to increase it to a higher level. The juridical civic critical learning model trains students to be sensitive to social problems, take positions, towards these problems, and maintain these attitudes with relevant and valid arguments. Juridical civic critical learning model will later become a stimulus for students to increase critical thinking about social phenomena related to criminal law.
THE MEANING OF PUBLIC POLICY UNDER INDONESIAN ARBITRATION LAW AND PRACTICE Adolf, Huala
Transnational Business Law Journal Vol. 2 No. 1 (2021): TRANSNATIONAL BUSINESS LAW JOURNAL, Volume 2, Number 1, February 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.v2i1.646

Abstract

This article tried to see the meaning of public policy under Indonesian arbitration law. The arbitration law examined was the arbitration law in the Code of Civil Procedures of 1847, the Presidential Decree No 34 of 1981, the Supreme Court Regulation No 1 of 1990 and the Arbitration law No 30 of 1999. The article also took a closer look on Indonesian court in interpreting the term public policy in its decisions. The method used in this article was descriptive-analytical. The data was in particular the decisions of the courts of Indonesia including Domestic Court, High Court and Supreme Court. A comparative study was taken, describing the arbitration acts of certain countries in particular New Zealand, Malaysia and Fiji. This article concluded, as cases developed, the approach toward public policy was the strict application of it. This article also recommended the amendment of the arbitration law by including the indicators as to what the public policy would cover as found in arbitration acts of states being studied.
GLOBAL DIGITAL TAXES IN INTERNATIONAL TRADE AND ITS URGENCE FOR INDONESIA Rivaldi, Regi
Transnational Business Law Journal Vol. 2 No. 1 (2021): TRANSNATIONAL BUSINESS LAW JOURNAL, Volume 2, Number 1, February 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.v2i1.684

Abstract

Members of the Organization for Economic Cooperation and Development (OECD) and World Trade Organization are working together to exploring issues related to digital service product tax policies. The ability of digital companies that operate without the need to be physically present has sparked debates in international forums regarding the allocation of rights and tax rights reallocation agreements or nexus. Not to mention the physical absence of digital companies that makes jurisdictional constraints for State that want to collect taxes from digital companies. The scope of digital services makes it difficult for policy makers to define what digital service products are. This problem has led initiate international forums to reforms international tax regulations that are able to accommodate these interests. TOECD formed a Task Force Digital Economy to respond this problem and at the same time identify issues that are related to digital service product taxes to make it relevant.
COVID-19 VACCINE LEGAL PROTECTION THROUGH PATENT FOR PUBLIC INTEREST Zaki, Muhammad Reza Syariffudin; Akmal, Muhammad Farhan
Transnational Business Law Journal Vol. 2 No. 1 (2021): TRANSNATIONAL BUSINESS LAW JOURNAL, Volume 2, Number 1, February 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.v2i1.694

Abstract

Patents are rights granted by the state to inventors for their inventions in the field of technology for a certain period of time. However, a rigid patent protection can disrupt the public interest. Therefore, the undergraduate thesis research entitled Legal Protection of Covid-19 Vaccines through Patents for Public Interest was conducted. The research conducted by juridical normative legal research methods, statutory approaches, and conceptual approaches. TRIPs Agreement, Paris Convention, Indonesian Patent Law 2016 and President Regulation No. 77/20 are the main objects of study. This research aims to answer (1) how the legal protection of the Covid-19 vaccine for the public interest, and (2) how to resolve disputes against the Covid-19 patent rights holder in Indonesia. After conducting a study, it can be concluded that patents can be implemented by the government without the authority from the patent holder in an emergency situation. In the return, a worth compensation must be given to the patent holder. If a dispute arises, it can be resolved through litigation or alternative dispute resolution (ADR), but preferably through ADR at BAM HKI. This is in purpose to empower BAM HKI, as well as to support and promote the enforcement of intellectual property rights in Indonesia.
SPACE INSURANCE FOR SMALL SATELLITE LAUNCH AND OPERATION IN THE SETTING OF INDONESIAN LAW Pratama, Garry Gumelar; Ruswandi, Nadhifathur Rochmah
Transnational Business Law Journal Vol. 2 No. 1 (2021): TRANSNATIONAL BUSINESS LAW JOURNAL, Volume 2, Number 1, February 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.v2i1.749

Abstract

The topic of liability under international law falls in the norms of the Outer Space Treaty 1967 and the Liability Convention 1972. The principled division of responsibility for harm incurred by a space object to the launching state(s) is the starting point in this regard. Since the conventions are legally binding for Indonesia, it become the outlining frame for regulating space insurance with national regulations. As small satellite industry and space insurance in Indonesia show a massive potential grow, this article focuses on the analytical explanation of Indonesian space insurance-related regulations covering small satellite operations. Even though international law does not require obligatory space insurance, Indonesian Space Act 2013 regulates mandatory requirement for all space activities conducted by private companies, including small satellites. One of the main issues discussed in this paper is whether the Indonesia regulation open opportunities to space insurance industry in Indonesia to grow. The study was conducted using descriptive-analytical approach, emphasizing on the normative juridical approach by literature studies.
THE EXHAUSTION OF COOLING-OFF PERIOD: A NON-MANDATORY PRE-CONDITION IN INVESTMENT ARBITRATION Belaputri, Addyana; Joshua, Gregory; Febria, Jesslyn; Marwandy, Muhammad Irsyad
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.v2i2.788

Abstract

Arbitration as an alternative institution to settle commercial disputes has been widely recognized by the business community and state governments. Dispute settlement through arbitration usually derives from the treaty or contract breach which is put under dispute settlement clause. In regard to investor-state dispute settlement, international arbitration plays an important role. However, there are several admissibility requirements that relate to the jurisdiction of the Tribunal, in particular, cooling-off period requirement. This article is placed for the nature and provision of cooling-off period requirement by analyzing several precedent jurisprudences through juridical normative methods. The cooling-off period in Investment Arbitration has been considered as jurisdictional requirement which also integrated with the procedural requirement to submit investment dispute to ISDS arbitration.
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.
OUTLOOK OF ARBITRARY MEASURES OF FAIR AND EQUITABLE TREATMENT UNDER HEALTH URGENCY: THE WAIVER OF PHARMACEUTICAL PATENT Musu, Clara Amanda; Napitupulu, Dona Regina; Qurratu’aini, Marla Satika
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.v2i1.795

Abstract

Patent has long been recognized as an important subject of investment particularly for Pharmaceutical Companies. In its development, patents have become one of the most prominent tools in international health investment for its economic benefit sourced from its exclusive right. Most of the Multilateral and Bilateral Investment Treaties recognized intellectual property rights as protected investments, which allows patent holders to benefit from the substantive and procedural safeguards granted by the applicable treaty for foreign investments. In the situation of health urgency, many patents rights are being waived by the government to make the innovation more affordable and accessible to citizens. In this situation, tension in the governance of pharmaceutical patents between patent holders and state authorities is an example of a broader recurring dynamic in international law: the tension between foreign investors' private interests and the host state's regulatory autonom. This research paper will discuss whether the patent waiver enacted by the government is considered as an arbitrary action under the Fair and Equitable Treatment standard as it causes harm to the foreign investor by analyzing several precedent jurisprudences through juridical normative methods
UNFORESEEN DEVELOPMENT AS A DEVICE TO ASSESS SAFEGUARD INVESTIGATION Wardana, Achmad Ferry Kusuma
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.v2i2.1089

Abstract

Unforeseen Development requirement is indeed essential for the World Trade Organization (WTO) member countries to make safeguard investigations in their own country, this study has analysed the affecting unforeseen development requirement in safeguard investigations. Additionally, this study examined how an unforeseen development affects safeguard investigations in Indonesia. The method of this study is qualitative research, and descriptive research is to analyze the data by using case analyses. The author presents major findings by subject on unforeseen development covers increased imports, the stages of an investigation, and determination of safeguard measures. The results further confirm that this study shows policy implications to elaborate the effect of unforeseen developments for safeguard investigations and after a measure taken. Also, this study shows policy recommendations as added value on this study to improving standard quality. For addition, this study provides a new theory that calls three fresh arguments (Zhou and Fang 2022). The reader would be get the fruitful discussions and recommendations on safeguard basis especially to the unforeseen developments requirements under safeguard investigations.
MEASURING THE URGENCY FOR THE ESTABLISHMENT OF A NATIONAL GOVERNMENT LEGISLATION INSTITUTION IN THE PURSUIT OF STRUCTURING LAWS AND REGULATIONS IN INDONESIA Santos, Jaka; Vijay, Muhammad
Transnational Business Law Journal Vol. 3 No. 1 (2022): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 3, Number 1, February 2022
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.v3i1.1105

Abstract

The absence of a special agency that centrally and specifically regulates and manages government affairs within the area of establishing laws and regulations, just as the legislative body of the House of Representatives (“DPR”) is the main focus of the author to conduct a research. Through the writing of conceptual critical ideas with a normative juridical approach, it is discovered that there are several opportunities for the establishment of a government national legislative body. First, it is by the adoption of the omnibus law in the establishment of laws and regulations through Law Number 11 of 2020 on Job Creation. Second, the government is not yet has a specific institution that centrally and specifically regulates and manages government affairs within the area of establishing laws and regulations just as the legislative body of DPR. In fact, there is an urgency to establish a national government legislative body. First, as long as the establishment of laws and regulations remained spread throughout the Ministries/Institutions, and the coordination function or harmonization is performed at the Ministry of Law and Human Rights and the State Secretariat/Cabinet Secretariat, the process is not as simple as if it is in one solid institution integrated mastery of design materials whose substance is in across sectors. Second, it is the mandate of Law Number 15 of 2019 on Amendments to Law Number 12 of 2011 on the Establishment of Legislation. Third, it is the post Constitutional Court Decision Number 91/PUU-XVIII/2020 with respect to Law Number 11 of 2020 on Job Creation. In order to revise the Job Creation Law in conformity with the two-year deadline, the government could immediately establish a National Legislative Institution to be in charge of organizing, synchronizing, and tidying up all laws and regulations from the central to the regions levels. Fourth, it is the post decisions of the Constitutional Court Number 137/PUU-XIII/2015 and Number 56/PUU-XIV/2016 as the central government is no longer authorized to revoke Regional Regulations, indicates the importance of building synergy between the central government and regional governments in managing laws and regulations at the provincial level and districts/cities.

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