Transnational Business Law Journal
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.
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49 Documents
<![CDATA[SETTLEMENT OF APARTMENT ARREARS ON A NON-LITIGATION BASIS BETWEEN MRS. MP AND PT. ELITE ON CONSUMER PROTECTION LAWS ]]>
<![CDATA[Gunawan, Indra]]>
<![CDATA[ Transnational Business Law Journal Vol. 2 No. 2 (2021): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 2, Number 2, August 2021 ]]>
Publisher : <![CDATA[Department of Transnational Business Law, Faculty of Law Universitas Padjadjaran ]]>
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DOI: 10.23920/transbuslj.v2i2.1112
<![CDATA[Consumer protection is a consequence of the force of law in meeting the interests of consumers. This requires a balance between the quality of service so that creditors/banks improve the quality of service in a fair (honest) manner to inform in detail about advertising and other services. to the ever-changing demands of this era of globalization. The legal force in information is a means of consumer protection in an agreement that is mutually binding between rights and obligations. Consumer protection law as the basis for the settlement of peace underhand on the heading "Settlement of Apartment Arrears in Non-litigation Between Mrs. Mut Pen and PT. ELITEE Related to Consumer Protection Act", is the title that the author gives in this Thesis. With the negotiations, the parties to the dispute where the case is a settlement are willing to continue the process of the rights and obligations of the parties to the dispute under mutually beneficial conditions, by waiving or relinquishing part of their rights in reaching an agreement on certain rights based on the principle of reciprocity to the word agree and there is no element of coercion from the other party.]]>
<![CDATA[INDONESIA'S LAW NO. 4 OF 2023 AND CONSUMER PROTECTION IN DIGITAL FINANCIAL SERVICES: ASEAN LITERACY FRAMEWORK’S PERSPECTIVE ]]>
<![CDATA[Albar, Rafsi Azzam Hibatullah]]>;
<![CDATA[Karo Karo, Rizky]]>;
<![CDATA[Nindyatami, Pawestri]]>
<![CDATA[ Transnational Business Law Journal Vol. 3 No. 1 (2022): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 3, Number 1, February 2022 ]]>
Publisher : <![CDATA[Department of Transnational Business Law, Faculty of Law Universitas Padjadjaran ]]>
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DOI: 10.23920/transbuslj.v3i1.1217
<![CDATA[In January 2023, the Indonesian government passed Law No. 4 of 2023 on the Development and Strengthening of the Financial Sector (P2SK Law). Replacing more than 30 provisions, the law covers lots of topics including digital financial services (DFS) and consumer protection. A big contributing factor to this is the prevalence of the financial technology (FinTech) industry that utilises DFS. Digital financial literacy (DFL) is an important component to consumer protection in DFS since P2SK Law and other legal instruments recognize the importance of the consumer’s own awareness when using DFS. The Alliance for Financial Inclusion (AIF) and ASEAN Working Committee on Financial Inclusion (WC-FINC) issued a policy note in 2020 on DFL in the region. Expected to guide ASEAN member states in formulating their policies through a framework that includes four key actions. This research aims to inspect the direction in which the Indonesian government is heading with regard to its consumer protection in DFS after the enactment of the P2SK Law from ASEAN’s DFL-leaning standpoint. It can be concluded that Indonesia, mainly through Bank Indonesia and the Financial Services Authority (OJK) has been a big advocate of financial literacy, including DFL, as a proponent of consumer protection in recent years. Among other things, P2SK Law further affirms this by connecting stakeholders and embedding DFL at the core of Indonesia’s national strategies.]]>
<![CDATA[INCAPACITY OF A PARTY IN ARBITRATION: GENERAL APPROACHES AND LIMITATIONS OF DEFENSE ]]>
<![CDATA[Elamsius Sinaga , Gregorius Made]]>
<![CDATA[ Transnational Business Law Journal Vol. 3 No. 2 (2022): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 3, Number 2, August 2022 ]]>
Publisher : <![CDATA[Department of Transnational Business Law, Faculty of Law Universitas Padjadjaran ]]>
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DOI: 10.23920/transbuslj.v3i2.1366
<![CDATA[According to Article V(1)(a) of the New York Convention, the recognition and enforcement of an arbitral award may be refused, if the parties involved, under the ‘law applicable to them’, were under some incapacity when entering into an arbitration agreement. However, this specific provision is considered one of the most uncertain aspects of the Convention as it has caused challenges from its structure and wording which do not explicitly set the concept of capacity nor the governing law and other essential circumstances related to this defense. Furthermore, the absence of standards in this defense makes a significantly different interpretation by courts causing legal uncertainties to all the parties involved in the proceeding. In this paper, the author examines general approaches for determining the governing law on a capacity of a party in arbitration and analyzes limitations on the defense of incapacity in arbitration-friendly jurisdictions. The approach employed is normative juridical, relying on qualitative analysis of secondary data. This paper covered the choice of law method and the substantive law method in determining the law governing capacity of a party in entering an arbitration agreement. In the end, the paper explored various laws that limit the state from invoking incapacity initially established in the Lizardi case in France.]]>
<![CDATA[IMPLEMENTATION OF THE MERGER CLAUSE BASED ON UNIDROIT PRINCIPLES OF INTERNATIONAL COMMERCIAL CONTRACTS (UNIDROIT Principles) ]]>
<![CDATA[Fernanda Buan, Fara Carisa]]>
<![CDATA[ Transnational Business Law Journal Vol. 3 No. 1 (2022): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 3, Number 1, February 2022 ]]>
Publisher : <![CDATA[Department of Transnational Business Law, Faculty of Law Universitas Padjadjaran ]]>
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DOI: 10.23920/transbuslj.v3i1.1368
<![CDATA[In the current era of globalization, there are a significant number of international transactions which require international commercial contracts. The increasing number of international commercial contracts has led to the development of international legal instruments that regulate these contracts and accommodate the needs of the parties involved in international business transactions. One of these instruments is known as the UNIDROIT Principles. A merger provision is typically written into a large number of contracts. This clause is governed by the UNIDROIT Principles, which can be found in one of its provisions. This research paper will analyse the implementation of the merger clause in the UNIDROIT Principles by courts and arbitration. Taking into account the fact that only a few cases have been decided relating to merger clause under UNIDROIT Principles, this research paper will discuss this topic. This paper aims to examine the implementation of merger clauses under UNIDROIT Principles by court and arbitration through the review of related cases. The method used in this study is normative juridical with a descriptive-analytical nature. To date, the judicial and arbitral decisions that are accessible shed light on the meaning of the merger clause and its relation to the interpretation of the contract.]]>
<![CDATA[UNDERSTANDING THE DIFFERENT APPROACHES OF INTERNATIONAL ARBITRATION GRAPPLED WITH CORRUPTION ISSUES ]]>
<![CDATA[Tsabitah, Tsany Ariqah]]>
<![CDATA[ Transnational Business Law Journal Vol. 3 No. 1 (2022): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 3, Number 1, February 2022 ]]>
Publisher : <![CDATA[Department of Transnational Business Law, Faculty of Law Universitas Padjadjaran ]]>
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DOI: 10.23920/transbuslj.v3i1.1369
<![CDATA[Corruption has been a challenge in most countries in the world and also internationally. Many cases of international contracts are procured or allegedly procured by corruption. International legal instruments nowadays try to combat this issue and the application further needs to be followed to the international arbitration for dispute resolution. The problem of corruption is more systematic, hard, and needs extra time to be sure. The next problem that has to be discussed in this article is the dispute resolution field in arbitration about the agreement or contracts allegedly procured by corruption. The implication of alleged corruption has broadly changed the arbitration proceeding and its capacity to adjudicate this issue. This article examines judicial-normative explains what approaches have been used and the development of facing the corruption issues in international arbitration and the effects on the proceeding finding the difference between investment to commercial arbitration from case to case.]]>
<![CDATA[COMPARISON OF PUBLIC POLICY DEFENSES IMPLEMENTATION IN INDONESIA WITH USA AND UK ]]>
<![CDATA[Ewangga, Sandy Octavian]]>
<![CDATA[ Transnational Business Law Journal Vol. 3 No. 2 (2022): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 3, Number 2, August 2022 ]]>
Publisher : <![CDATA[Department of Transnational Business Law, Faculty of Law Universitas Padjadjaran ]]>
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DOI: 10.23920/transbuslj.v3i2.1371
<![CDATA[This article tried to compare the implementation of public policy defenses in the United Kingdom (“UK”) and the United States of America (“USA”). Indonesia has been alleged of being unfriendly to foreign arbitral awards, one of the reason is the implementation of public policy defenses that is interpreted broadly and not restrictively. Even though Indonesia has ratified the New York Convention that supports pro-enforcement bias with Presidential Decree No. 34 of 1981, Indonesia is still far away to be considered a pro-enforcement state compared to the UK and the USA. This article discusses how Indonesia interprets the public policy doctrine from the cases that are provided in this article. The method used in this article was a comparative study, describing the implementation of public policy in the UK and USA. This article concluded that the implementation of public policy in Indonesia is too broad and uncertain, the court can refuse the enforcement of the arbitral awards by only relying on violation of Indonesian laws. Different from the implementation in the UK and USA that established the mere violation of state’s law cannot be considered necessarily as the violation of public policy doctrine. This article is also commenting on how Indonesia modified the implementation of public policy by using the main ground reasons why the arbitral awards were refused by the court.]]>
<![CDATA[UNVEILING A NEW CURTAIN: THE APPLICABILITY OF CISG ON SALES OF DRONES: ]]>
<![CDATA[Gracia, Chelsea]]>
<![CDATA[ Transnational Business Law Journal Vol. 3 No. 2 (2022): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 3, Number 2, August 2022 ]]>
Publisher : <![CDATA[Department of Transnational Business Law, Faculty of Law Universitas Padjadjaran ]]>
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DOI: 10.23920/transbuslj.v3i2.1376
<![CDATA[Drones have become an integral part of the aviation industry, encompassing a wide range of sizes and functions. This paper examines the interpretation and application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) to the sale of drones. While drones are not explicitly excluded from the CISG, their absence from its provisions can be attributed to the CISG's formation predating their widespread commercialization. The absence of specific provisions addressing drone sales within the CISG has led to diverse interpretations. However, considering the CISG's objective of establishing a uniform legal framework and promoting good faith in international trade, extending its application to the sale of drones is conceivable. As an internationally recognized legal instrument for the sale of goods, the CISG provides a convenient framework for parties involved in drone transactions. However, the CISG must also consider the intricacy and risks associated with certain goods, which may conflict with other legal regulations or introduce complexities in their legal treatment. Drones exhibit diverse types, functionalities, and operational contexts, and their regulation varies significantly across different countries due to airspace and national sovereignty considerations.]]>
<![CDATA[JUDICAL ANALYSIS OF THE ECONOMIC RIGHTS IN THE LAKE TOBA NATIONAL STRATEGIC TOURISM AREA IN OF FROM PRESIDENTIAL REGULATION NO.81 OF 2014 CONCERNING SPATIAL PLAN FOR THE LAKE TOBA AREA AND LAW NO.11 OF 2005 CONCERNING THE INTERNATIONAL COVENANT ON ECONOMIC,SOCIAL AND CULTURAL RIGHTS ]]>
<![CDATA[Siregar, Kristian]]>
<![CDATA[ Transnational Business Law Journal Vol. 3 No. 1 (2022): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 3, Number 1, February 2022 ]]>
Publisher : <![CDATA[Department of Transnational Business Law, Faculty of Law Universitas Padjadjaran ]]>
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DOI: 10.23920/transbuslj.v3i1.1391
<![CDATA[The ideals of the Indonesian nation as stated in the Preamble of the 1945 Constitution require that the general welfare be realized. To realize these ideals, human rights, in this case economic rights, are one of the indicators used as a basis for implementing a program, decision or regulation. Economic rights are generally described as rights related to the conditions of existence and welfare in terms of owning and utilizing something for their survival. The status of economic rights in the 1945 Constitution and Law No.11 of 2005 places economic rights as rights that must be protected, respected and fulfilled by the state. One of them is in the Tourism sector. Economic Rights play an important role in the creation of a prosperous community life in the area that is the object of Tourism. However, economic rights in reality are often ignored by the government as a consideration in loading policies and regulations, so that in its implementation it creates conflict between the community and the government. The purpose of this research is to find out how the protection and fulfillment of economic rights in the tourism development sector correlates with the level of community welfare]]>
<![CDATA[VALUATION OF INTELLECTUAL PROPERTY ON NFT TRANSACTION FOR NFT PLATFORM IN INDONESIAN PERSPECTIVES ]]>
<![CDATA[Novianty Muchtar, Helitha]]>;
<![CDATA[Risang Ayu, Miranda]]>;
<![CDATA[Amirulloh, Muhamad]]>
<![CDATA[ Transnational Business Law Journal Vol. 3 No. 2 (2022): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 3, Number 2, August 2022 ]]>
Publisher : <![CDATA[Department of Transnational Business Law, Faculty of Law Universitas Padjadjaran ]]>
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DOI: 10.23920/transbuslj.v3i2.1395
<![CDATA[Recently, NFT enable its owner to sell and buy intellectual properties. The research result shows that an NFT transaction process – such as in the sale and purchase of intellectual property-requires a determined price valuation. The authors consider that it is necessary to determine a clear valuation to predict the exact price of the intellectual property digitally transacted on NFT. The price database on NFT can be used to determine the price by first collecting the NFT and the price database can also calculate the value of the NFT in the future.]]>
<![CDATA[THE URGENCY OF COOLING-OFF PERIOD CLAUSE IN INVESTOR-STATE DISPUTE SETTLEMENT : GOOD FAITH NEGOTIATION ]]>
<![CDATA[Deriandy, Jesslyn Febria]]>
<![CDATA[ Transnational Business Law Journal Vol. 4 No. 1 (2023): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 4, Number 1, February 2023 ]]>
Publisher : <![CDATA[Department of Transnational Business Law, Faculty of Law Universitas Padjadjaran ]]>
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DOI: 10.23920/transbuslj.v4i1.1401
<![CDATA[With the development of foreign direct investors, international investment treaties also becoming more popular, causing more cases are occurring from said treaties. To deal with disputes, international investment treaties have dispute settlement mechanisms. Investor-State dispute settlement mechanisms in international investment treaties often include cooling-off clauses. In each case, the arbitral tribunal made different decisions regarding the compliance of this clause, provoking much controversy. Often, the cooling-off period is waived by the claimant since there is no clear motive regarding the urgency. The aim of this article is to determine the urgency of the cooling-off period clauses in bilateral investment treaties as a precondition for arbitration. The method for research used in this study is descriptive analysis. The authors also use primary legal material, such as international arbitration, bilateral investment treaties, and arbitration rules. In addition, the authors use secondary legal sources such as related literature and journals. Based on the findings of this study, the existence of a cooling-off period clause plays a role in enabling parties to discuss their disputes in good faith before submitting them to international arbitration.]]>
