(searched for: doi:10.37276/sjh.v4i2.211)
Sign Jurnal Hukum, Volume 4, pp 332-350; https://doi.org/10.37276/sjh.v4i2.224
This study aims to analyze the implications of the TRIMs agreement for Indonesia. It discusses the exceptions to the TRIMs agreement, the utilization of transition periods, as well as the efforts of the Government to increase the investment value. This normative legal study uses statute, sociological, and comparative approaches with a literature study technique. The study results a show that Indonesia implements the TRIMs agreement, considering the exceptions and transition period. The Government’s efforts to increase investment include clear legal protection, improvement of human resources, a conducive investment environment, digital technology, innovative approach, and simplifying the investment process. Therefore, it is recommended that the Government strengthens investment regulations and policies that consider the development of society and the business world and increases investment in education and digital technology. The community must also actively participate in helping to increase investment by creating a conducive investment environment. With reasonable efforts and cooperation, investment in Indonesia is expected to increase and positively impact Indonesia’s economic growth in the 21st century.
Sign Jurnal Hukum, Volume 4, pp 261-276; https://doi.org/10.37276/sjh.v4i2.221
This study aims to examine the implementation of legal protection for the fishermen community in Pabeanudik Village. This research combines normative juridical and empirical research methods. The primary data were collected using direct interviews, while the secondary data was collected using literature study techniques. The data obtained in this research were then analyzed qualitatively to describe the problem and answer study purposes. The results show that there are contradictory explanations from several laws and regulations regarding the status of fishermen as legal subjects. In addition, most Fishers do not receive guarantees of safety and security from Fishing Vessel Owner when going to sea on the high seas. In addition to weak legal protection, Fishers also received less guidance and guarantees for legal assistance from the Local Government. Therefore, it is recommended that the Government make amendments to several laws and regulations. In this case, to equalize the explanation of the status of fishermen as legal subjects. Furthermore, the Local Government must implement protection and empowerment policies regulated in laws and regulations. These include business certainty, elimination of high-cost economic practices, provision of production facilities and infrastructure, guarantees against risks in the fishing business, and assistance for fishermen who have difficulty catching fish. In addition, support in the form of protection and empowerment is given exclusively to small fishermen and fishers so that the series of problems described can be minimized in the future.
Sign Jurnal Hukum, Volume 4, pp 221-232; https://doi.org/10.37276/sjh.v4i2.217
This study will examine and analyze the legal consequences for LDMO disclosing the personal data of transacting parties. In addition, this study also aims to determine the legal protection for parties who suffer losses due to violations committed by the LDMO. This study uses a normative juridical method. The collection of primary, secondary, and tertiary legal materials is carried out using literature study techniques. The collected legal material is then analyzed using qualitative data analysis methods with a statute approach. The results show that LDMO will get a sanction of dishonorable dismissal, payment of compensation, imprisonment for a maximum of four years, and or a fine for a maximum of four billion rupiahs. In this case, if the LDMO is legally and convincingly proven to have violated the oath of office and caused loss to several parties by disclosure of personal data. At the same time, forming the LDMO Guiders and Supervisors Council is a form of legal protection for all parties who commit legal acts before LDMO. In this case, any party that suffers a loss can complain about the alleged violation committed by LDMO to the Guiders and Supervisors Council. In addition, any party that suffers a loss also gets compensation from LDMO as regulated in laws and regulations. Therefore, it is recommended that LDMO uphold the oath of office as a moral code regulated in the Code of Ethics and Head of the NLA Regulation. In this case, to maintain their profession’s dignity and public trust in their noble role (officium nobile).