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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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EXTRATERRITORIALITY PRINCIPLE IN INVESTMENT DISPUTE SETTLEMENT UNDER ASEAN ENHANCED DISPUTE SETTLEMENT MECHANISM Syariffudin Zaki, Muhammad Reza; Inggil, Kyle Pietra; Irawan, David Axel; Averine, Benedicta Nasya
Transnational Business Law Journal Vol. 4 No. 1 (2023): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 4, Number 1, February 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.v4i1.1426

Abstract

Trade and Investment are among the ways that are often used by modern countries today to become one of the main sources of state income. Indonesia as a destination country for trade and investment also has an important role in economic growth both domestically and in the ASEAN region. Indonesia is also one of the initiators of the Free Trade Area (FTA). In the spirit of realizing ASEAN as a trade and investment friendly zone, ASEAN launched a method called the ASEAN Protocol on Enhanced Dispute Settlement Mechanism (EDSM). This customized mechanism is in accordance with the spirit of ASEAN, namely The ASEAN way. Accordingly, the author took the initiative to conduct research related to the extraterritorial principle of the mechanism of Non-ASEAN countries that are geographically proximate to the ASEAN region. This research is entitled "Extraterritorial Principles of ASEAN PROTOCOL ON ENHANCED DISPUTE SETTLEMENT MECHANISM (EDSM) in the Settlement of Trade and Investment Disputes". In this research, there is a formulation of problems that will be discussed, namely related to the application of the extraterritorial principle of the EDSM mechanism, the enforcement of EDSM rules against Non-ASEAN countries, and its implications for Indonesia. This is conducted, in an effort to make ASEAN an axis of investment destination countries that also have positive and dynamic regulations. Hence In the event of trade and investment disputes, the parties involved would not need to go to ICSID or the WTO, as ASEAN has provided solutions to resolve such disputes.
FAIR TRADE CERTIFICATION PRACTICES IN THE EXPORT PROCESS OF INDONESIAN COFFEE COMMODITIES TO THE UK MARKET IN TERMS OF THE TECHNICAL BARRIERS TO TRADE (TBT) AGREEMENT Moesviara, Arindra Driya
Transnational Business Law Journal Vol. 3 No. 2 (2022): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 3, Number 2, August 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.v3i2.1427

Abstract

The application of fair trade certification to enter specialized markets in the United Kingdom affects the coffee trade transactions exported from Indonesia to the United Kingdom. This certification then becomes a challenge and creates unnecessary trade barriers. These barriers are included in technical barriers which in international trade activities are regulated through the Technical Barriers to Trade (TBT) Agreement. Based on the results of this study are first, the application of fair trade certification on Indonesian coffee commodities that want to enter the United Kingdom specialty market is an unnecessary international trade barrier. Second, Indonesia can take legal remedies through the WTO or other efforts such as negotiation, mediation, conciliation, and arbitration for dispute resolution.
ROYALTY PAYMENTS TO THIRD PARTIES FOR THE PURPOSE OF CUSTOMS VALUATION OF IMPORTED GOODS (STUDY OF TAX COURT DECISIONS ON IMPORT DUTIES DISPUTES) Ardiansyah, Ardiansyah
Transnational Business Law Journal Vol. 4 No. 1 (2023): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 4, Number 1, February 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.v4i1.1437

Abstract

Royalties and license fees in this case are all payments made in connection with, among other things, patent licenses, trademark rights, and copyrights. Costs incurred by importers on royalties must be added to the customs value by the WTO Customs Valuation Agreement. Concerning royalties the problem becomes more complicated when it involves payments to third parties. Legal regulations that do not sufficiently explore this topic often lead to disputes between importers and the government and continue to the court level. The aim in this study is to analyze how the customs rules for royalty payments to third parties related to imported goods and how the attitude of judges in determining the customs value of royalty payments on intellectual property related to imported goods. In conclusion for customs valuation, royalty payments to third parties are added to the actual or supposed price. It is irrelevant to whom the royalties are paid, what matters is that the buyer is obligated to pay royalties as long as the royalty payments relate to the imported goods in question. Of the two Tax Court Decisions on the Tobacco Blend cut filler import case and the Tax Court Decision on the shoe import case, the court decided to include in the customs value the payment of intellectual property royalties to third parties.
VAN GOGH IMMERSIVE EXHIBITION: LESSONS & OPPORTUNITIES FOR TRADITIONAL CULTURAL EXPRESSIONS DEVELOPMENT IN INDONESIA Mayana, Ranti Fauza; Santika, Tisni
Transnational Business Law Journal Vol. 4 No. 2 (2023): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 4, 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.v4i2.1447

Abstract

Van Gogh's immersive exhibition is held in more than 90 cities around the world including Berlin, Beijing, Paris, London, Madrid, Rome, Sydney, and Jakarta. Until mid-2023, the exhibition has been attended by more than 8.5 million visitors and is an example of intellectual property development. Corresponding to business, IP Development is the capitalization of ideas, creativity, and innovation in producing products or services that contain creative content through systems of human activity related to the creation, production, distribution, and consumption of goods and services that have cultural, artistic, aesthetic, intellectual and emotional values for consumers. This paper employs a descriptive-analytical approach to describe the relevant legal rules and legal theories of copyright and their application in the IP development of artworks for businesses and the opportunities for Indonesia. The finding of the study indicates that immersive technology as a platform for the development of artworks based on Traditional Cultural Expressions (TCEs) potentially creates opportunities for intellectual property legal protection and business development of Indonesia’s TCEs in the frame of Cultural Industries. The commercialization of TCEs using immersive technologies potentially helps in fulfilling two key objectives: capturing new audiences and contributing to economic profit. However, the involvement of legal and non-legal elements as the basis for the implementation conducted in a collaborative framework between state holders and relevant stakeholders is required
CROSSING BORDER TRANSACTIONS: UNRAVELING THE INFLUENCE OF E-COMMERCE ON THE ADVANCEMENT OF TRANSNATIONAL BUSINESS LAW Napitupulu, Dona Regina
Transnational Business Law Journal Vol. 4 No. 1 (2023): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 4, Number 1, February 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.v4i2.1449

Abstract

Transnational transactions conducted through E-Commerce platforms open the gates of growth in the legal and economic spheres. In this regard, legislators should be able to create a transnational body of law as uniform rules and contractual patterns for commercial transactions conducted through e-commerce. Complex international business transaction activities such as investment, licensing, franchising, and so on have not escaped the development of e-commerce and the convenience that comes with it. The research uses a normative juridical approach and a descriptive analytical research method to describe the facts related to the problem being studied. Data collection is done through a literature study, searching for relevant data from various sources of primary and secondary legal materials related to the existing problems. The data is then analyzed qualitatively. Legal certainty in this case is rooted in matters that have been agreed upon by the parties and are mandated to continue to refer to the principles of international business transaction law and relevant international trade conventions or agreements. With the existence of e-contracts, agreements for transnational transactions can have permanent legal force and dispute resolution through litigation and non-litigation channels such as arbitration can be carried out virtually.
USE OF CONCILIATION AS A METHOD FOR INTERNATIONAL INVESTMENT DISPUTE SETTLEMENT IN INTERNATIONAL INVESTMENT AGREEMENT Basalamah, Ienas
Transnational Business Law Journal Vol. 4 No. 1 (2023): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 4, Number 1, February 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.v4i2.1468

Abstract

An International Investment Agreement is an agreement formed between countries which provides a legal umbrella for carrying out foreign investment activities for related parties. One of the problems criticized in international investment agreements is related to settlement methods that tend to use arbitration, which is currently widely criticized in practice. The aim of this research is to assess the effectiveness of conciliation as a method of resolving international investment disputes and the advantages of using conciliation as a method of resolving international investment settlements for Indonesia. This research uses descriptive analytical methods and data analysis is carried out using qualitative juridical methods. From the results of this research, it can be seen that in practice conciliation is still not widely used to complete a settlement. However, seeing the many criticisms of settlements through arbitration, it can be said that there is a push to use other settlement alternatives to complete a settlement. In this case, conciliation can be an option and has many advantages considering the characteristics of fast, efficient and flexible conciliation.
THE EFFECTIVENESS OF THE CENTER FOR PLANT VARIETY PROTECTION AND AGRICULTURAL LICENSING IN PROVIDING LEGAL PROTECTION OF PLANT VARIETIES Effendi, Indah Syalsabilla; Nurwati, Nurwati; Ilyanawati, R. Yuniar Anisa
Transnational Business Law Journal Vol. 4 No. 2 (2023): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 4, 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.v4i2.1500

Abstract

ABSTRACTThe development of the agricultural sector is one of the urgencies of the country's development, the large variety of potential natural resources from germplasm produces various types of agricultural products that have been improved in quality. With researchers and modern technology helping plant breeders in producing new superior varieties of plants. Indonesia's participation with the International Convention for the Protection of New Varieties of Plants (UPOV Convention) makes the reason for the need for Indonesia to protect the creation of new varieties of plants by law so that the formation of an institution engaged in the Protection of Plant Varieties which then must be seen its effectiveness. The purpose of this study is to determine and analyze the role of related institutions in providing legal protection for plant varieties. The method in this research is carried out with empirical juridical research methods, namely carried out with a statutory approach as well as conducting interviews at related institutions. The results obtained through this research that there are still obstacles in the protection of plant varieties, namely that there are still many people or farmers who have not been educated so that there are practices of violations committed and although there are many violations, not many cases have been reported because it is considered that there is no definite form of protection for plant breeders when a violation occurs. Of course, all protection provided depends on regulations. So it is suggested that in addition to intensively conducting socialization, the government can reopen related regulations and make adjustments through the renewal of these regulations.
APPLICATION OF THE PRINCIPLE OF VOLUNTARINESS IN MARITAL PROPERTY DECISIONS Tri Zulfianti, Sintia; Ani Yumarni; Suprijatna, Dadang; Rumatiga, Hidayat
Transnational Business Law Journal Vol. 4 No. 2 (2023): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 4, 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.v4i2.1509

Abstract

Marital Property Assests or what is usually called ‘gono-gini; harta bersama’ is property acquired or obtained by a husband and wife together while they are in a marriage bond. The concept of shared prices or what is usually called gono-gini property comes from customs that continue to develop and are supported by positive law or Islamic law in Indonesia. Mediation is a peace institution in the Court which brings benefits to the Judges and the parties, there is good faith of the principals (husband and wife) in the process of resolving divorce cases, it is not uncommon for ego attitudes to be more dominantly put forward by each party. Mediation has a voluntary principle, each conflicting party comes to mediation of their own free will and willingness and there is no coercion or pressure from other parties or outside parties. This principle of voluntarism is built on the basis that people will be willing to work together to find a way out of their disputes, if they come to the negotiation place of their own choice.
THE OPTIMIZATION OF BILATERAL INVESTMENT TREATY TO ENCOURAGE THE DEVELOPMENT OF MICRO SMALL AND MEDIUM ENTERPRISES IN INDONESIA AS HOST STATE IN INTERNATIONAL INVESTMENT ACTIVITIES Imanuddin, Sabrina Aqila
Transnational Business Law Journal Vol. 4 No. 2 (2023): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 4, 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.v4i2.1523

Abstract

International investment can accelerate economic growth and accelerate development in Indonesia. The Bilateral Investment Treaty (BIT) is an international agreement between two countries on provisions for international investment. The BITs are intended to promote the development of micro, small and medium enterprises in the country. Again, Small and medium-sized enterprises (SMEs) in Indonesia need support in promotion and legal protection to develop and become more optimal, as SMEs are the backbone of the Indonesian economy and part of the implementation of the Pancasila economic system. SMEs development provisions can be addressed in international agreement such as BIT or Free Trade Agreements (FTA) to provise a forum for broader sectors that include SMEs. Therefore, to develop SMEs in Indonesia through international investment practices, it is necessary that related parties, i.e., the government to take measures for optimizing the development of SMEs in Indonesia and obtain comprehensive international investment support to strengthen through International Investment Agreements (IIA) and be competitive in the global market through strengthening and broadening the scope of SMEs in IIA.
NAVIGATING THE LABYRINTH OF STATE-OWNED ENTERPRISES DISPUTES IN INDONESIA: A QUEST FOR EFFECTIVE RESOLUTION MECHANISMS Kairupan, Maralda H.
Transnational Business Law Journal Vol. 4 No. 2 (2023): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 4, 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.v4i2.1541

Abstract

This paper critically assesses the adequacy of mediation as an alternative dispute resolution (ADR) method for resolving disputes between State-Owned Enterprises (SOEs) in Indonesia. It also explores the potential of other ADR methods for more effectively resolving such disputes specifically tailored for SOEs disputes. The paper commences by providing an overview of the mediation concept as an ADR mechanism, exploring its advantages and disadvantages. It then delves into the characteristics of typical SOEs disputes and the audit concerns associated with them. Subsequently, the paper examines international and Indonesian mediation practices, scrutinising their effectiveness and applicability in the context of SOE disputes. It also identifies the potential obstacles to using mediation to resolve SOE disputes, considering the inherent concerns of SOEs in making decisions. Based on these findings, the paper recommends the adoption of adjudication as an alternative ADR mechanism for SOEs disputes, advocating for the establishment of an Adjudication Tribunal tasked with rendering fair, impartial, and efficient decisions. Finally, the paper proposes a regulatory adjustment by identifying the potential risks associated with adjudication and providing mitigation strategies.

Page 4 of 5 | Total Record : 49

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