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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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APPLICATION FOR TERMINATION OF EMPLOYMENT BY WORKERS / LABORERS BECAUSE THEY ARE LAID OFF WITHOUT WAGES MORE FROM MOON Hermanto, Joni; Rum, Rumainur
Transnational Business Law Journal Vol. 5 No. 1 (2024): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 5, Number 1, February 2024
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.v5i1.1570

Abstract

Government in November 2020 passed Law Number 11 of 2020 concerning Job Creation, then in February 2021 the Government stipulated implementing regulations from Law Number 11 of 2020, namely Government Regulation Number 35 of 2021 concerning Certain Time Work Agreements, Outsourcing, Working Time, and Rest Time, and Termination of Employment. On March 11, 2020, the world health organization World Health Organization (WHO) declared COVID-19 as a Global Pandemic, and on April 13, 2020, the Government of Indonesia issued a Presidential Decree of the Republic of Indonesia Number 12 of 2020 concerning the Determination of Non-Natural Disasters for the Spread of Corona Virus Disease 2019 (COVID-19) as National Disasters. People infected with the Covid-19 outbreak every day continue to increase, as well as the number of deaths due to the Covid-19 outbreak continues to grow. The Central Government and the Dareah Government issued policies to prevent and overcome the spread of the COVID-19 outbreak, namely by implementing Large-Scale Social Restrictions (PSBB) and the Implementation of Community Activity Restrictions (PPKM). With the existence of PSBB and PPKM by the Government, several sectors, especially the accommodation provision sector, tourism business, food and beverage business, real estate, and construction, have experienced a direct impact as a result of the Covid-19 pandemic and the existence of PSBB and PPKM. The tourism sector, especially hotels, has experienced a decrease in income due to the lack of guests staying, forcing employers to lay off their workers/workers without providing wages to reduce expenses and save company finances. This thesis research analyzes the impact arising from workers/workers being laid off without being given wages and legal considerations on the decision of the Industrial Relations Court at the Central Jakarta District Court with case number: 398 / Pdt. Sus PHI / 2021 / PN. JKT. PST. The purpose of this decision analysis is to find out the Request for Termination of Employment (PHK) by Workers / Workers because they were laid off for more than three months without wages based on Law Number 11 of 2020 concerning Job Creation.
THE ROLE OF TRANSPARENCY STANDARD: EFFECTIVITY IN PROVING THE BREACH OF FAIR AND EQUITABLE TREATMENT Musu, Clara; Trisnamansyah , Purnama
Transnational Business Law Journal Vol. 5 No. 1 (2024): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 5, Number 1, February 2024
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.v5i1.1575

Abstract

The existence of agreements in foreign investment does not avoid disputes that occur in foreign investment agreements so there is a dispute resolution mechanism known as investor-state dispute settlement (ISDS). One of the claims often used as the basis for ISDS claims is the Fair and Equitable Treatment (FET) principle. In practice, investors often fail to prove violations due to lacking elements in their proof. The transparency standard is one of the elements that can support investors in proving the violations. In practice, transparency standards are rarely used to prove violations of the FET principle because there are still no clear parameters regarding implementing these standards and what kind of transparency standards can be said to violate the FET principle. The purpose of this study is to determine the role of transparency standards in their position as part of the FET principle and to determine the effectiveness of transparency standards in proving violations of FET in ISDS practices. The research method used in writing this thesis is to take a normative juridical approach by studying and examining secondary data in the form of international arbitration case jurisprudence, bilateral agreements, and international customs. The data is collected through literature studies obtained from primary and secondary data, which are then analyzed qualitatively. Based on the results of this study, it can be concluded that transparency standards have a protective role for investors and host states as an instrument to resolve legal uncertainty about existing decisions and policies and as a basis for analytical considerations to distinguish between legitimate regulatory actions and takeover actions that can indirectly violate the FET principle. Nonetheless, the Tribunal did not explicitly mention the transparency standard, but it was effectively used as a basis for arguments in evidence.
REVIEW OF REVERSIONARY RIGHTS IN THE SOLD-FLAT AGREEMENT OF SONG CREATION ASSOCIATED WITH LAW NUMBER 28 OF 2014 ON COPYRIGHT Utama, Atika Nur Rahmah; Ayu Palar, Miranda Risang; Muchtar, Helitha Novianty
Transnational Business Law Journal Vol. 5 No. 1 (2024): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 5, Number 1, February 2024
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.v5i1.1608

Abstract

The copyright reversion provision or known as reversionary right contained in Article 18, 30, and 122 Law of the Republic Indonesia Number 28 of 2014 on Copyright is a legal substance that has been regulated by various countries in the world. This provision is intended to provide justice for creators whose rights are often violated in the implementation of copyright transfer agreements with a sold-flat mechanism. Indonesia Copyright Law is not specifically determined an implementing rules or guidelines to exercise this rights of reversions provisions. In its application, there have been rejections from record producer company such as in the case of Constitutional Court Decision Number 63/PUU-XIX/2021. This article is placed to review the implementation of reversionary rights provisions in Indonesia by analyzing national dan international provisions and court decisions with normative juridical methods and comparative law, as well as analytical and exploratory descriptive approaches. The implementation of reversionary rights provisions in Indonesia will raise challenges of weak legal understanding and disruption of rejection by record producers, which will weaken aspects of the implementation process. The provisions of the stages of the submission notifications process and documentation of reversionary rights in writing applied by the United States and the Netherlands can be something that Indonesia develops in strengthening the implementation process of reversionary rights provisions. To exercise and enforce their reversion rights, songwriters can renegotiate the agreement with the record producer, file for compensation with the commercial court, or also join the Collective Management Organization.
MAPPING EFFECTIVE MULTI REGIONAL TREATIES ON BLUE ECONOMY Meliala, Aurora
Transnational Business Law Journal Vol. 5 No. 1 (2024): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 5, Number 1, February 2024
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.v5i1.1609

Abstract

Indonesia as an archipelago with more than 17,000 islands, has a unique geographical and great potential as a maritime country. Primarily, Indonesia's efforts to realize sustainable fisheries is by promoting and implementing the ASEAN Blue Economy Framework as one of the country's economic deliverables. Furthermore, among the various measures and policies that have been set by the Indonesian government, measurable fishing is a breakthrough in fostering the marine and fisheries sector and specifically regulating the blue economy. In the context of international trade, Indonesia has also made several efforts including the implementation of measured quotas and sustainable certification. Quotas and certification are two ways to resolve the issue of legality. Even so, illegal fishing is still a major challenge in the framework of sustainability. One of the main goals that Indonesia can set to ensure its involvement and leadership in ASEAN maritime connectivity is the construction of a national sustainable fisheries system, that is specifically related to the implementation strategy of sustainability commitment, that serves as a pioneer/pioneer of similar systems in the regional arena.
THE REFORM OF DISPUTE SETTLEMENT SYSTEM OF THE WORLD TRADE ORGANIZATION: CONTRIBUTION AND PERSPECTIVES FROM INDONESIA Handian Putra, Angga
Transnational Business Law Journal Vol. 5 No. 1 (2024): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 5, Number 1, February 2024
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.v5i1.1643

Abstract

The WTO dispute settlement system is currently in crisis as the Appellate Body has been unable to perform its appellate review since December 11th, 2019. The US asserted that the AB has exceeded its authority. The crisis can be detrimental, especially for developing countries in international trade. The WTO Members have made efforts to reform the system. This paper uses qualitative and descriptive research to analyse the contribution of Indonesia to the system and its perspectives on the reform negotiations. Indonesia has contributed to the system and the Organization by clarifying interpretations of WTO agreements. In the reform negotiations, Indonesia has actively participated by joining a proposal to commence the selection of new AB members, supporting the result of “Walker Process” negotiations as a basis for future negotiation, and making some proposals such as formal communication to the WTO on a process in an informal process to implement the mandate of MC12 Outcome Document. As a negotiation strategy, Indonesia should continue its active participation by prioritizing accessible aspects that are interests of developing and LDC members, emphasizing the need to limit negotiation scope and urging the fulfilment of the 2024 deadline, safeguarding a legalistic system, and conducting a comprehensive analysis on two-tier litigation.
THE IMPORTANCE OF ARBITRATION AGREEMENT IN WRITING: INTERNATIONAL, INDONESIA, AND NEW ZEALAND Thalita, Feren
Transnational Business Law Journal Vol. 5 No. 2 (2024): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 5, 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.v5i2.1869

Abstract

International commercial arbitration has been one of the popular means to solve a dispute, including in Indonesia and New Zealand. In the event the cross-border commercial parties intend to utilize arbitration to solve its present or future dispute, the regarding parties need to provide the basis for international commercial arbitration: arbitration agreement. One of the matters that the parties need to pay attention in regards to the arbitration agreement is formal validity. Formal validity is ruled through Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958; UNCITRAL Model Law on International Commercial Arbitration; as well as the majority of national arbitration laws. However, different instruments serve different definitions on “arbitration agreement in writing” as the valid form. There is still a conflicting stance on what is internationally agreed as the valid form of arbitration agreement. Consequently, the issue arises from how important it is for the parties to own arbitration agreement in writing based on the perspectives on international arbitration law, Indonesia, as well as New Zealand. This writing utilizes the comparative juridical research between international instruments (Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 and UNCITRAL Model Law on International Commercial Arbitration) as well as the national arbitration law of Indonesia and New Zealand. As a result, the writer has concluded that according to international arbitration law as well as the national arbitration law of Indonesia and New Zealand, the arbitration agreement in writing, as a valid form, is important and highly valued.
JURIDICAL REVIEW OF THE PRINCIPLE OF JUSTICE IN THE PROTECTION OF COPYRIGHT OWNERSHIP FOR WORKS CREATED IN COURSE OF PUBLIC SERVICE RELATIONS ACCORDING TO LAW NUMBER 28 OF 2014 ON COPYRIGHT DAN ITS COMPARISON WITH COPYRIGHT REGULATIONS IN FRANCE AND GERMA Abdulghani, Muhammad Hilman; Mayana, Ranti Fauza; Muchtar, Helitha Novianty
Transnational Business Law Journal Vol. 5 No. 2 (2024): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 5, 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.v5i2.1873

Abstract

The regulation of copyright ownership of works created in Public Service Relations, as stated in Article 35 of the Copyright Law, indicates an injustice in the protection of copyright ownership for creators. This research aims to examine the implementation of the principle of justice in copyright ownership of works created in Public Service Relations and to compare this with the regulations in Germany and France. This study employs a comparative normative juridical approach with a descriptive-analytical research specification. Data collection is conducted through literature studies. The method of analysis used is descriptive-analytical. The results show that the regulation in Article 35 of the Copyright Law lacks elements of justice for creators in Public Service Relations. This is due to the difference in recognition given to creators of works made in Public Service Relations compared to works made in employment relationships. Compared to the regulations in Germany and France, the regulation of copyright ownership for "works made for hire" in Indonesia does not yet provide adequate protection for creators.
LOCAL CONTENT REGULATIONS IN INFRASTRUCTURE DEVELOPMENT AND THE NATIONAL TREATMENT PRINCIPLE Suhendra, Hartono; Amalia, Prita
Transnational Business Law Journal Vol. 5 No. 2 (2024): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 5, 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.v5i2.1876

Abstract

The local content requirement is a policy aimed at promoting domestic industries and reducing dependence on imported products. However, its application, particularly in the procurement of goods for solar power plants, raises concerns about potential violations of the national treatment principle found in international agreements such as GATT 1994 and the Agreement on TRIMs. This study seeks to explore the implementation of local content requirements in infrastructure project procurement in relation to the national treatment principle and the government's efforts to enforce these regulations. The research employs a normative juridical approach, drawing on literature sources and analyzing the issue based on legal principles. The study is descriptive-analytical in nature, utilizing secondary data gathered from primary, secondary, and tertiary legal materials through literature review and analyzed using qualitative juridical methods. The findings indicate that the application of local content requirements in the procurement of infrastructure projects for solar power plants in Indonesia is not fully aligned with the national treatment principle. The government has made efforts to enforce local content requirements without breaching international law by implementing incentives and providing exceptions for imported goods under certain conditions.
ANALYZING THE PRACTICE OF MATERIAL ADVERSE CHANGE: A POST PANDEMIC MERGER AND ACQUISITIONS CONTRACT NON-PERFORMANCE CLAUSE FROM THE PERSPECTIVE OF UNIDROIT PRINCIPLES OF INTERNATIONAL COMMERCIAL CONTRACT Divanadia, Dessandra; Rosadi, Sinta Dewi; Trisnamansyah, Purnama
Transnational Business Law Journal Vol. 5 No. 2 (2024): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 5, 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.v5i2.1882

Abstract

The uncertain conformity between the characteristics of the condition attributable to the inability of mergers and acquisition contract performance due to COVID-19 and the characteristics of force majeure and hardship leads to the use of material adverse change (MAC) as an alternative clause for contract non-performance as a perennial consequence of COVID-19 pandemic in the post pandemic era. This study aims to analyze the implications of COVID-19 pandemic with the use of MAC according to the laws of the nations and the adherence of MAC as a clause with UNIDROIT’s six general principles of international contract during and post pandemic as issued in UNIDROIT Principles of International Commercial Contract. The method of writing used was normative juridical approach with descriptive analytical research specifications. The writing process taken in drafting this study was through a process of literature review from primary, secondary, and tertiary sources. Data analysis method used in this study was through qualitative juridical normative method. The outcome of the analysis shows that the use of MAC as an alternative clause for contract non-performance differs between one national law to another; one of the outstanding characteristics is that the basis of the use of MAC depends on the agreed definition and the burden of proof of MAC set forth in the contract. The use of MAC as an alternative clause for contract non-performance in mergers and acquisitions is compliant with UNIDROIT’s principles of international contract, with considerations of the limitations and exceptions of the international contract principles.

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