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:: Abstract List ::

Page 4 (data 91 to 113 of 113) | Displayed ini 30 data/page
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91 Trade and Business ABS-66

ONLINE DISPUTE RESOLUTION AS A SOLUTION FOR CROSS-BORDER CONSUMER DISPUTES IN INDONESIA
Muhammad Nur Udpa, Anwar Borahima, Ahmadi Miru, Maskun

Law Faculty, Hasanuddin University


Abstract

The position of consumers in cross-border e-commerce is unbalanced. This has led to difficult legal efforts to resolve disputes. This research aims to examine the resolution of disputes between businesses and end consumers with cross-border conditions from both parties. The method of legal research is to apply the approach of law by studying international regulations and conventions on ODR. As well as a legal comparison approach to compare regulations in Indonesia with other countries. The results of this study show that there are businesses that apply standard agreements to shorten the transaction process, thus making the position more dominant and complicating dispute resolution. The absence of guarantees from the transaction provider platform (social commerce) for the correctness of the identity and location of businesses using their platform causes the legal process for consumers to be very difficult to implement. The resolution of such disputes should be able to use ODR. These efforts can collaborate with web providers. So for businesses that have been declared bad faith will get warnings until the blocking of access for the perpetrators. Legal certainty of such efforts is supported by the ownership of electronic certificates and reliability certificates in Indonesia.

Keywords: Consumer, ODR, Cross Border

Share Link | Plain Format | Corresponding Author (Muhammad Nur Udpa)


92 Trade and Business ABS-71

The Relevance of The First-to-invent Patent System to Strengthen Inventors Legal Protection in Indonesia
Anwar Borahima (a*), Fitri Pratiwi Rasyid (a), Amaliyah (a)

a) Civil Law Department, Hasanuddin University, Indonesia
*borahimaanwar[at]yahoo.com


Abstract

The protection of Intellectual Property Rights, especially patents, adheres to a constitutive system where inventions must be legally registered. The inventions^ registrations in Indonesia follow the first-to-file system, in contrast to the first-to-invent which is based on the provident of inventors who originally own the invention that will legally hold the patent right. According to Articles 14 and 15 of Law No. 13 of 2016 concerning patents, the owner of an idea who, although able to prove that he was the inventor prior to invention registration, will only be recognized as a former user, not as an inventor of the patent owner. Referring to the normative study that has been conducted, the first to file system may create uncertainty about legal protection which further has the potential to trigger ideas violation for inventors. As an effort to strengthen legal protection for inventors in Indonesia, a patent registration system that ensures fairness to those who must hold the patent rights is essential.

Keywords: Invention registration- Inventors- Legal protection- Normative study- Patent

Share Link | Plain Format | Corresponding Author (Fitri Pratiwi Rasyid)


93 Trade and Business ABS-72

The Customary and National Perspectives on Agricultural Land Pawning Practices in Indonesia
Anwar Borahima (a), Fitri Pratiwi Rasyid (a), Farida Patittingi (a*)

a) Civil Law Department, Hasanuddin University, Indonesia
*patittingi[at]yahoo.co.id


Abstract

Agricultural land pawning is one way that people in Indonesia often adopt to get fresh funds swiftly. According to the Article 7 PERPU No. 56 of 1960 concerning the Application of Agricultural Land Areas, the land-pawning system in Indonesia is limited to 7 years, and the repayment is defined from the harvest during that period. In contrast to the customary law, the pawning holder or creditor and the landowner as the debtor have unrestricted mortgage duration, furthermore, the contract may continue until full repayment. In fact, the Indonesians favor to dissuade written regulations as stipulated in the national agrarian law and are accustomed to applying customary law to agricultural land-pawning. This inconsistent practice may have the potential to disregard the spirit of written regulations. Therefore, a contemplate study about the perspectives of customary and national values for land-pawning has been conducted. Appropriately, the enforced regulations suited to increase the realization of legal certainty for the community, thus the concept of implementing an ideally statutory regulation is feasibly run by the entire community.

Keywords: Agricultural land pawning- Agrarian law- Customary law

Share Link | Plain Format | Corresponding Author (Fitri Pratiwi Rasyid)


94 Trade and Business ABS-75

The Hoarding of Personal Protective Equipment (PPE) During the Covid-19 Pandemic, Does it Break The Consumer Rights?
Andi Kurniawati1, Marwah2, , Amaliyah3, A. Suci Wahyuni4, Mushawwir Arsyad5

1Hasanuddin University, Makassar, Indonesia
2Hasanuddin University, Makassar, Indonesia
3Hasanuddin University, Makassar, Indonesia
4Hasanuddin University, Makassar, Indonesia
5PT Pelindo 4 (Persero), Makassar, Indonesia


Abstract

The hoarding of Personal Protective Equipment (PPE) carried out by several individuals during the Covid 19 pandemic is one of the serious problems being faced in Indonesia. This issue has received enthusiastic discussion in legal studies, especially in consumer protection law studies. As a result of this hoarding, Personal Protective Equipment becomes scarce. In addition, this scarcity has caused the price of PPE to rise drastically, making a difficulty for people to get it. Even though PPE is one of the items that is really needed during the Covid 19 pandemic. This article discusses the hoarding of personal protective equipment through legal perspective, especially consumer protection law. This article uses a normative approach that uses the Consumer Protection Law (UUPK) as its legal instrument. This study shows that the hoarding of Personal Protective Equipment (PPE) breaks some consumer rights regulated in the UUPK. However, UUPK seems insufficient to provide clear sanctions for those that have been proven, especially during the Covid 19 pandemic.

Keywords: Pandemic Covid 19- PPE- Consumer Rights

Share Link | Plain Format | Corresponding Author (Andi Kurniawati)


95 Trade and Business ABS-77

ARTICLE XI IMPLEMENTATION OF THE ANNEX IA THE AGREEMENT ESTABLISHING OF WORLD TRADE ORGANIZATION (WTO AGREEMENT) ON THE EXPORT AND IMPORT OF INDONESIAN FOOD COMMODITIES IN THE TIME OF COVID-19
Krisnady Kesumadiksa (a*), Rehulina (b) , Desy Churul Aini (c)

(a) Department of International Law, Law Faculty, Lampung University, Lampung, Indonesia
*kris.kesuma[at]gmail.com
(b) Department of International Law, Law Faculty, Lampung University, Lampung, Indonesia
(c) Department of International Law, Law Faculty, Lampung University, Lampung, Indonesia


Abstract

With the outbreak of the Coronavirus Disease-19 (Covid-19) outbreak, all countries are taking all forms of action to prevent the spread, one of which is to prohibit exports and imports. Indonesia has also taken action and experienced the impact of this export and import ban. In food commodities, for example, Indonesia requires exporting countries to obtain an Import Approval Letter (SPI) by including the country of origin of the exporter, as stated in the Ministry of Trade Regulation Number 117 of 2015 concerning Provisions for Sugar Imports and Regulation of the Ministry of Trade Number 29 of 2019 concerning Export Provisions and Import of Animal and Animal Products. The World Trade Organization (WTO) as an international organization in charge of world trade has regulated the export and import prohibition in Article XI Annex IA WTO Agreement (General Agreement on Tariffs and Trade (GATT)) concerning Restrictions on Quantitative Trade. Then how are the arrangements regarding the quantitative trade restrictions allowed by the WTO? Can the existence of the Covid-19 pandemic be a solid basis for countries to ban exports and imports? This paper will discuss the interpretation of Article XI GATT, how it will be implemented in WTO cases, then compared, whether the requirements listed in the two regulations of the Ministry of Trade above are consistent with the normative interpretation in Article XI GATT.

Keywords: Covid-19, Export and Import, GATT, Indonesia^s food commodity

Share Link | Plain Format | Corresponding Author (Krisnady Kesumadiksa)


96 Trade and Business ABS-80

The Handling of Land Rights Ownership and Building Ownership Based on the Principle of Horizontal Separation during Covid-19 Pandemic
Lilawati Ginting, Tan Kamello, Muhammad Yamin, O.K Saidin

Universitas Sumatera Utara


Abstract

Like other countries, Indonesian economic sector is badly affected by the Covid-19 Pandemic. One of them is in terms of ownership of residential and business place for those who do not own land. Indonesian law adheres to the principle of horizontal separation, that land and building rights can be owned by different parties. This research discusses about the concept of land rights ownership and building ownership based on the principle of horizontal separation. Are there different treatments in handling during the Covid19 Pandemic?. This research applied normative legal methodology. Data analysed based on Law No. 5 of 1960 concerning Basic Agrarian Law and Law No. 28 of 2002 concerning Buildings (Building Law)and its implementing regulations. The results showed that implementation of the horizontal separation principle has not been carried out consistently in accordance with the mandate of the Basic Agrarian Law and Building Law. Fact that until July 2020, building has not become an object of the Registration of Rights so it does not have a certificate as a proof of ownership that separate from the land certificate. During the Covid-19 Pandemic there was no difference in treatment in the handling of land and building rights ownership.

Keywords: Building, Covid-19,Horizontal Separation,

Share Link | Plain Format | Corresponding Author (Lilawati Ginting)


97 Trade and Business ABS-83

Protection of Customer Funds in the Insurance service Industry during the COVID pandemic 19
Isdiana Syafitri, Sunarmi, Tan Kamello, Hasim Purba

Universitas Sumatera Utara


Abstract

The Covid-19 pandemic has strengthened the critical vital important role of insurance in businesses and individuals^ development and economic resilience. The Covid-19 epidemic is a test for the insurance industry. Insurance is a financial services business that collects public funds and protects against losses due to an uncertain event such as the Covid-19 pandemic. For supervision, the government established an Insurance Supervisory Agency, namely the OJK (Financial Services Authority), which encourages the financial services industry. And protect insurance customers, Indonesia has Law Number 40 of 2014 concerning Insurance.This study aims to protect the insurance industry^s customer funds in overcoming the risks faced by society during the Covid-19 pandemic. This research is juridical empirical. This study shows how restructuring in the insurance industry protects customer funds in settling defaults and realizing legal certainty. The conclusion is that OJK has provided relaxation for customers affected by the Covid-19 pandemic to extend coverage for the under policy^s terms and conditions. Recommended for the increasing difficulties caused by Covid-19 for individuals, businesses, and the economy will increasingly highlight the importance of a healthy, stable, and health insurance market developing.

Keywords: Covid-19, Restructurisation, Risk

Share Link | Plain Format | Corresponding Author (Isdiana Syafitri)


98 Trade and Business ABS-84

Legal Protection for Bank Customers in Fiduciary Guarantee Agreements during the Covid-19 Pandemic
Ahmad Julyadi Nasution, Tan Kamello, Hasim Purba, Saidin

Universitas Sumatera Utara


Abstract

The economic aspect is a measure of public welfare. There are two parties in banking economic activities, namely customers and banks. In credit agreements, customers are required to submit a guarantee. As debtors, customers normally provide material guarantees in the form of fiduciary guarantees thus, in turn creating a fiduciary guarantee agreement. However, banks often do not register fiduciary collaterals. This research analyzes the legal consequences of not registering fiduciary collaterals during the Covid-19 pandemic. This research uses normative juridical methods. The results show that if banks do not register fiduciary collaterals, customers can use the Constitutional Court Decision Number 18/PUU-XVII/2019 in which the execution of the collateral is carried out according to court procedures and the agreement becomes individual-based. In conclusion, the banks must register fiduciary collaterals, otherwise, execution cannot be done without a court decision and customers will face legal problems due to civil liability.

Keywords: Covid-19- Bank Customer- Fiduciary.

Share Link | Plain Format | Corresponding Author (Ahmad Julyadi Nasution)


99 Trade and Business ABS-85

Implementation of CSR by Limited Liability Companies Amidst the Covid-19 Pandemic Based on Law Number 40 of 2007
Endang Jaya, Bismar Nasution, Sunarmi, and Mahmul Siregar.

Universitas Sumatera Utara


Abstract

Based on Law Number 40/2007, economic activities undertaken by limited liability companies have the purpose and objective of obtaining profits. However, these companies are also obligated tomaintain the surrounding environment through CSR activities. This study analyzes the implementation of CSR by limited liability companies amidst the Covid-19 pandemic based on Law Number 40/2007. This is normative juridical research using a descriptive research method. Based on Article 74 (1) of Limited Liability Company Law, companiesare obligated to conduct social and environmental responsibilities. Furthermore,Paragraph 3 states that companies that do not fulfill the obligations as referred to in Paragraph (1) are subject to sanctions following the provisions of the law. However, the Limited Liability Company Law does not impose strict sanctions. It only states administrative sanctions according to Article 34 (1) of Law Number 25/2007 concerning company investment. The results show thatnot all companies have implemented CSR programs. Rather than administrative sanctions, criminal sanctions should be imposedonviolators, to ensure the implementation of CSR as a legal obligation.

Keywords: CSR- Limited Liability Companies- Covid-19

Share Link | Plain Format | Corresponding Author (Endang Jaya Surbakti)


100 Trade and Business ABS-86

Supervision of Banking Institutions in Managing Customer Data during the Covid-19 Pandemic in Indonesia
Satria Braja Hari andja1, Bismar Nasution2, Budiman Ginting3, Zulkarnain Sitompul 4

Universitas Sumatera Utara,Medan, Indonesia


Abstract

Banks in storing customer data must refer to the applicable regulations in Indonesia by upholding the trust and security of customers^ personal data. Other than the data of depositing customers, banks also obtain customers^ data from borrowing customers, which in getting borrowing customers, bank often involve third parties who are not affiliated with the bank to look for borrowing customers to earn income amid the economic recession due to the current pandemic. third parties capture/get the candidate of borrowing customers and have the right to collect and store the borrowing customer data. From the searches by the researcher, there were many leaks of bank customer data that were freely traded on social media. The bank should have guaranteed the confidentiality of customer data as regulated and guaranteed in Act Number 10 of 1998 about Banking, however, in reality banking customer data is often traded on social media freely. The research method used is the normative research method. Data collection was carried out through literature study. The results showed that the regulatory weakness and the carefulness of the Financial Services Authority in supervising banking institution in keeping the customer data are the main factors causing customer data to be traded freely.

Keywords: Data- Costumer- Covid-19-Indonesia.

Share Link | Plain Format | Corresponding Author (Satria Braja Hari andja)


101 Trade and Business ABS-87

THE IMPACT OF COVID-19 ON THE MARKETING OF HOME LOAN FACILITY SCHEME (HLFS)
Agustining (1*), Agus Yudha Hernoko, Bismar Nasution, and Sunarmi

1) Universitas Sumatera Utara, Medan-Indonesia
*agustiningyasdan[at]gmail.com


Abstract

Housing is the basic need of human being. The 1945 constitution has mandated the government to rule such need. Law Number 1 of 2011 on Housing and Resettlement Area and Regulation of the Minister of Public Works and Housing Number 20/Prt/M/2019 on Low Income Group (LIG) Homeownership Support) are two of government regulations regarding housing facility for LIG. The government also provides homeownership support for LIG through the Home Loan Facility Scheme (HLFS). The country provides a subsidy for LIG through the HLFS based on the Government Regulation Number 64 of 2016 on Low-Income Group Housing Project. This study explores why the banking institutions tighten the HLFC requirements for LIG during the Covid-19 pandemic? This study applies a normative juridical approach with qualitative data analysis. The results show that (1) Since the issuance of the Presidential Decree Number 12 of 2020 on Determining Non-Natural Disaster of the Covid-19 as a National Disaster, banking institutions require that prospective HLFC debtors must have the fixed income from companies without any impact from the Covid-19 pandemic. (2) LIG applying for the HLFS mostly have a non-fixed income. In conclusion, the HLFS cannot be provided to all non-fixed income LIG due to the bank policy during the Covid-19 pandemic.

Keywords: Housing- Subsidy- Pandemic

Share Link | Plain Format | Corresponding Author (Agustining Agustining)


102 Trade and Business ABS-90

Strict Liability of The Corporation Cause The Fires of Plantation Land Pose a Serious Threat
Rony Andre Christian Naldo (a), Bismar Nasution (b), Alvi Syahrin (c), Ningrum Natasya Sirait (d)

Universitas Sumatera Utara, Medan, Indonesia


Abstract

A corporation is a legal subject that bears legal rights and obligations. In carrying out oil palm plantation business activities, corporations are obliged by law to implement Corporate Social Responsibility (CSR) which includes the Triple P bottom line (Profit, People, Planet) in order to realize sustainable development. In relation to the legal obligation to implement CSR, in carrying out it^s business activities the corporation is prohibited from clearing or cultivating plantation land by burning. Plantation land fires can cause serious threats that cause enviromentall losses, especially if they occur during the Corona Virus Disease 2019 as it^s today. This paper will discuss on the concept strict liability of corporate because plantation fires cause serious threats. This research is prescriptive, which used normative methods, with the type of statutory approach and concepts. As conclusion, the concept strict liability of corporate because plantation land fires that cause serious threats include 13 (thirteen) legal provisions, which still have 4 (four) weaknesses. With the existence of these 4 (four) weaknesses, coupled with the existence of the principle of freedom of judges, it^s emphasized that the government hasn^t seriously implemented strict liability for corporation because plantation fires pose a serious threat.

Keywords: Liability, Corporation, Fire

Share Link | Plain Format | Corresponding Author (Rony Andre Christian Naldo)


103 Trade and Business ABS-91

Competition Law Enforcement During Pandemic Covid-19 Indonesia^s Experien
Ningrum Natasya Sirait (a*), Mahmul Siregar (a), Rosmalinda (a), Mohammad Reza (b)

(a) Universitas Sumatera Utara, Medan-Indonesia
ningrum.sirait[at]gmail.com, ningrum[at]usu.ac.id
(b) Universitas Al-Azhar, Jakarta-Indonesia


Abstract

In March 2020, the World Health Organization stated Covid-19 is pandemic disease. Minister of Health data in September 2020 confirmed there are 236.519 cases existed. Covid-19 has caused economic aftermath to Indonesia. Since pandemic Covid-19 proliferating , the Indonesian government has taken actions to prevent the spreading of Covid-19 by limiting people^s activities. The action has stopped business activities which effected in workers laid off. The government issues policies in response to the Covid-19 effect, such as economic relaxation. It is including law enforcement in competition law. This research applied empirical normative methodology. Data is analyzed based on Law No.5 year 1999 on Prohibition of Monopolistic Practices and Unfair Business Competition enforcement. The result shown that (1) relaxation provided in competition law is aimed at procurement regarding pandemic necessities (2) Indonesian Competition Commission plays important role in implementing oversight unfair business competition. It is concluded that the experiences can be lesson learnt when implementing relaxation in enforcement of Competition Law during the pandemic Covid-19.

Keywords: Relaxation- Enforcement- Competition- Covid-19

Share Link | Plain Format | Corresponding Author (Ningrum Natasya Sirait)


104 Trade and Business ABS-95

The Impact of The COVID 19 Pandemic on The Bankruptcy of The Business World
Fatimah Islamy Nasution, Sunarmi, Ningrum Natasya Sirait, Joni Emirzon

Universitas Sumatera Utara


Abstract

The Covid-19 disaster had an economy impact. Several companies went bankrupt because they were unable to meet their debt obligations. Even if there is a debt restructuring policy to tax incentives, the easing is only temporary. Companies that have a small to large scale are severely affected by the Covid-19 pandemic. The fluctuation of termination of employment caused the company to be threatened with bankruptcy. This research method is Empirical Normative Law. The results of the study show that debtors take Debt Payment Obligations Postponement if they have difficulty making payments on time because of Covid-19. By using this method, all obligations will be suspended if Debt Payment Obligations Postponement status is granted by the court. Based on these findings, it can be concluded that during the pandemic, the company used this method of debt Payment Obligations Postponement as a way to avoid bankruptcy.

Keywords: Covid-19- Bankruptcy- PKPU

Share Link | Plain Format | Corresponding Author (Fatimah Islamy Nasution)


105 Trade and Business ABS-96

CONSUMER PROTECTION IN THE HANDLING OF DISPOSABLE MASK IN THE PANDEMIC CORONAVIRUS DISEASE- 19
Aulia Rifai, Marwah , Amaliyah , Fauzia P. Bhakti

Faculty of Law, Hasanuddin University -Makassar


Abstract

ased on the information that was released by the WHO that the use of masks could reduce the risk of transmission of Corona Virus Disease (Covid-19), then the Government of Indonesia recommendes the use of masker as one of the efforts to comprehensively in preventing transmission of Covid-19. The use of masker claimed to be able to prevent contagion virus through the air by blocking the virus carried by aerosols and prevents the transmission of contact thorugh droplets. Furthermore, that sure developments, there are 3 (three) groups masks as usual by society, namely cloth mask, surgery mask and N-95 mask. Surgery mask is a type of masks which is often used by medical personnel but that is also often used by community because of easily obtained, price affordable and can be used for the needs of the day to day by the adults as well as children. Community treatment for the disposable mask varies, for example disposed of directly in the trash without any management, clicking scissors before thrown away and some people keep masks are for 3 (three) days in the containers sealed before taken to the point of discharge end. This type of research is an normative research to identify the provisions of the law regarding waste that associated with a disposable mask. The results showed that handling mask waste requires special treatment because it has the potential to cause the spread of the risk of Covid-19

Keywords: consumer protection- trash- disposable mask.

Share Link | Plain Format | Corresponding Author (Aulia Rifai)


106 Trade and Business ABS-101

EXCESSIVE PRICING DURING A PANDEMIC: IS IT AN ANTI-COMPETITIVE BEHAVIOR?
Ria Setyawati, Dian Purnama Anugerah, Ari Prasetyo

Law Faculty, Universitas Airlangga


Abstract

The Corona outbreak emerged in China on November 17th, 2019. With the status of the corona virus determined by WHO as a pandemic and Indonesia as a non-natural national disaster, the Government in overcoming this disaster planed to impose lock downs and discipline people to carry out social distancing. The prices of daily necessities also crept up following the prices of goods, relating to Covid-19 good needs, such as masks, hand sanitizers, and disinfectants, which previously increased many times over normal prices. The behavior to set the price escessively knew as excessive pricing. In dealing with excessive pricing behavior, the government needs a special study related to this matter and requires input to provide strategic ideas.
This research focuses on two legal issues, that is: What are the characteristics of excessive pricing behavior from business actors? Is excessive pricing behavior a form of unfair business competition behavior?
The stages of this research method are normative legal research using a shortened statute approach, conceptual approach and a comparative approach.
The study results concluded formulations a strategic form of regulatory development as a strategy to deal with excessive pricing behavior during the Covid-19 outbreak.

Keywords: excessive pricing, competition law

Share Link | Plain Format | Corresponding Author (Ria Setyawati)


107 Trade and Business ABS-102

CONSUMER PROTECTION IN DIGITALIZED INDONESIA
Ria Setyawati, Iman Prihandono, Dian Purnama Anugerah, Ari Prasetyo

Law Faculty, Universitas Airlangga


Abstract

Online marketplace consumers get information about products only one-sided from business actors. The Information sometimes not conveyed honestly by business actors clearly causes harm to consumers. Consumers do not get goods as expected. Such consumer losses are a form of violation of consumer rights. Legal protection for consumers who make transactions through the online marketplace needs to be upheld. This research is focusing on the forms of consumer violations through the online marketplace, restoration of consumer rights and legal protection for consumers in Indonesia. The approach used in this research is juridical normative with a case approach, and a conceptual approach. The study results concluded brief analytic about infringement of consumer rights and the formulation of legal protection for online market place consumers.

Keywords: customer protection, online marketplace

Share Link | Plain Format | Corresponding Author (Ria Setyawati)


108 Trade and Business ABS-103

COVID-19 STIMULUS: RISK MITIGATION IN BANKING CREDIT RESTRUCTURING
Andi Suci Wahyuni, Amaliyah, Ahsan Yunus

Faculty of Law, Universitas Hasanuddin


Abstract

To avoid the slow growth of the economy due to the Covid-19 pandemic, the government issued a national economic stimulus policy so that the stability of the national economy remains under control. One of these policies is the provision of relief in fulfilling debtor obligations to banks as creditors in the credit restructuring scheme. This paper aimed to determine how the risk mitigation on credit restructuring in statutory regulations and to find out legal protection for banks from the increased number of non-performing loans. This paper was legal research using a statutory and a conceptual approach in the form of legal principles and legal concepts related to the object of the problem. The results show that the banking sector as creditors applied risk mitigation based on statutory provisions, namely prudential banking principles, risk mitigation based on POJK 18 / POJK.03 / 2016 concerning to Risk Management for Commercial Banks according to the needs of the debtor and the ability of the bank. As law protection for banks, it is necessary to set guidelines in implementing flexibility regarding credit with the collectability of nonperforming loans (NPL). The banking sector also anticipates through an agreement to settle credit problems in terms of facilitating the sale of assets in the future.

Keywords: covid-19- credit restructuring- risk mitigation.

Share Link | Plain Format | Corresponding Author (Andi Suci Wahyuni)


109 Trade and Business ABS-104

A Contemplate Study of Aviation Consumer Protection Rights on The Existence of A New Modified Pre- and In-flight Safety Video Demonstration
Jessica Sutanto (a), Marcelina Sutanto (a), A Alif Mustafa (a), Fitri Pratiwi Rasyid (a*)

(a) Civil Law Department, Faculty of Law, Hasanuddin University, Makassar, Sulawesi Selatan 90245
*fitri.pratiwi[at]unhas.ac.id


Abstract

According to the International Civil Aviation Organization standards, to assure safety measures for aviation consumers, the airline must provide safety facilities including information, and equipment demonstration prepared for the emergency situation on board. Due to the inevitable technology development, the demonstration has switched to video mode, which is now often modified using more relaxing settings such as using vacation backgrounds. In fact, the video demonstrations favor of irrelevances or even obscure the safety aspect information for the passengers. Therefore, this study aims to question the consumers^ protections on board due to the existence of a new modified in-flight safety demonstration. As a result, appropriately, aviation consumers could be more protected by having clearer and more reliable safety guidelines without excessive modification. Ideally, the video should be displayed according to the plane conditions, in which the consumers may have better preparation in case of an emergency on board. Regardless of the preferred mode of the safety guidance demonstration, it is the core content of the information that should be emphasized.

Keywords: Aviation protection consumer rights, Emergency, In-flight safety demonstration

Share Link | Plain Format | Corresponding Author (Fitri Pratiwi Rasyid)


110 Trade and Business ABS-106

Operational Executor Responsibilities for the Losses of the Village Owned Enterprises (BUMK) Business Unit
Lestari Wulandari S (1), Juajir Sumardi (2), Ahmadi Miru (3), Oky Deviany Burhamzah (4)

1) Faculty of Law Hasanuddin University
(email: law_lestariwulandari[at]yahoo.com)
2) Faculty of Law Hasanuddin University
(email: juajirsumardi[at]gmail.com)
3) Faculty of Law Hasanuddin University
(email: ahmadimiru.sh[at]gmail.com)
4) Faculty of Law Hasanuddin University
(email: okyburhamzah[at]gmail.com)


Abstract

The management of BUMK in villages has problems, such as the absence of clear rules regulating legal accountability for the losses of BUMK business units by their operators. BUMK can establish business units that are legal entities and business units that are not legal entities. This makes BUMK^s business unit managers may not understand that if there is a loss to a business unit that is a legal entity, would the liability for losses be the same with a business unit that is not a legal entity, where everything is the responsibility of the Operational Executive.
This research focuses to know the legal responsibility of the Operational Executive for the losses of the BUMK business unit. This research is normative in nature by examining documents using various data, such as literature studies, regulations, court decisions, and legal theory. This study results, concluded that the liability for the losses of the BUMK business shouldn^t be borne entirely by Operational Executive, because there are BUMK business units which is a legal entities and not legal entities, thus the liability for the losses of these business units must be distinguished.

Keywords: Losses of the BUMK Business Unit- Operational Executive- Responsibility

Share Link | Plain Format | Corresponding Author (Lestari Wulandari S)


111 Trade and Business ABS-107

The Urgency of Consumer Protection Financial Technology Peer to Peer Lending Due to the Covid-19 Pandemic
DEBORA

Doctor of Law Program, Faculty of Law, Universitas Sumatera Utara, Indonesia


Abstract

In March 2020, the World Health Organization stated Covid-19 is pandemic disease. The Indonesian government has taken actions to prevent the spreading of Covid-19 by limiting people^s activities. Covid 19 has resulted in people who loans at lending institutions, having difficulty paying installments. The government issues policies in response to the Covid-19 effect, such as economic relaxation. However, the policy did not cover consumers Fintech Peer to Peer (P2P) Lending, this created a legal vacumm. The problem in this research is the urgency of legal protection for Fintech P2P lending consumers during pandemic Covid-19. The purpose of this research is for OJK policy to issue a stimulus to Fintech P2P Lending consumers. This research applied juridicial normative methodology. It uses secondary data, which consists primary legal material, namely the OJK regulations on Covid-19 prevention and related literature, analyzed descriptively analytically. The research shows that consumer fintech P2P lending are affected by Covid-19 pandemic, so they need to get legal protection, in the form of stimulus given to lenders and borrowerof fintech P2P lending. In the current difficult situation, both the creditor and the debtor must survive together

Keywords: consumer, covid-19, Fintech peer to peer lending, legal protection

Share Link | Plain Format | Corresponding Author (debora debora)


112 Trade and Business ABS-112

CONTACT TRACING APPS FOR COVID-19 AND PERSONAL DATA PROTECTION LAW (FRANCE PERSPECTIVE)
Joiverdia Arifiyanto (1)*, Denis Voinot (2), Mahmul Siregar (3)

(1) (2) Universite de Lille, Lille-France
(1) (3) Universitas Sumatera Utara, Medan-Indonesia
* joiverdia[at]gmail.com, joiverdia.arifiyanto.etu[at]univ-lille.fr


Abstract

The processing of personal data in the context of the Covid19 pandemic raises many legitimate questions. Data protection authorities have been anxious to reassure both that personal data protection legislation does not hinder the implementation of processing operations to manage the pandemic, including where health location data are concerned. France government authorised the creation of a data processing system called StopCovid. Inevitably, the technical solution will process personal data (even pseudonymised), including health data, which is sensitive data. This research applied empirical normative methodology. Data is analysed based on Regulation (EU) 2016/679 (General Data Protection Regulation). The result shown that compliance with personal data protection principles is necessary to guarantee the rights and freedoms of individuals. If the evolution were to be different and allow for broader surveillance, the balance of interests would have to be rearranged to assess this new purpose. However, the applicable framework seems to be rather largely unknown or misunderstood, and many questions concerning the tracing of the population in order to contain the pandemic remain unresolved. In order to get out of the controversy linked to the debate on the infringement of individual liberties, which certainly exists but is nevertheless limited here, it is important to return to the fundamentals. The lawfulness of such system will therefore depend on the purpose and legal basis of the processing.

Keywords: personal data, protection, GDPR, StopCovid

Share Link | Plain Format | Corresponding Author (Joiverdia Arifiyanto)


113 Trade and Business ABS-114

Contract renegotiation in COVID-19 outbreak: Is based on good faith, force majeure, or rebus sic stantibus?
Ahmad Fachri Faqi Marsuki

a) Kantor Hukum Wangsa Kuntoro Izzudin & Associate - Jakarta, Indonesia.
b) Sekolah Tinggi Ilmu Hukum (STIH) Litigasi Pengayoman - Jakarta, Indonesia.
*fahrifaqi.marsuki[at]gmail.com


Abstract

The public health crisis of the global COVID-19 outbreak has urged the government of Indonesia to take several measures. The regional government has been continuously implementing large-scale social restrictions or PSBB by restricting people^s movements. The Economy becomes near-standstill, that businesses face constraints to perform their contracts. The central government has issued economic stimulus for financial sectors such as relaxation for contract performance to counter economic distress. This policy poses a legal problem since it creates clutter with private law (contractual relationship). The stimulus is ineffective since some creditors insist on applying contractual obligations, or debtors have to meet certain conditions to obtain such relief. Such circumstances, therefore, raise an issue relating to contract renegotiation in the COVID-19 outbreak. This paper aims to examine three concepts in law: good faith, force majeure, and rebus sic stantibus doctrine, which can explain important aspects of contract renegotiation in the COVID-19 pandemic. This paper is normative legal research using primary, secondary, and tertiary data. The issue to be addressed is which concept(s) may apply in contract renegotiation based on Indonesian law.

Keywords: contract- covid-19- renegotiation

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