Journal Equity of Law and Governance

Regulation of the Right to Strike for Professional Sportsmen in Indonesian and Spanish Law Perspectives

I Ketut Satria Wiradharma Sumertajaya — 2024-11-21

Strikes are a fundamental right of workers across the globe, representing a manifestation of the right to freedom of association and the protection of the right to organise. It thus falls upon the state to safeguard the right to strike, which may be achieved, for instance, by enacting national legislation that strikes a fair balance between the interests of professional sportsmen and those of their employers. In light of the above, the present study focuses on the examination of the regulation of the right to strike for professional sportsmen in the context of Indonesian and Spanish laws. In this research, the author employs a normative legal research method with a statute approach and a comparative approach. The findings of this research demonstrate that the regulation of the right to strike for professional sportsmen in Indonesian and Spanish law exhibits notable differences. The right to strike is specifically regulated in Spain by the Ley 39/2022, De 30 De Dicembre, Del deporte (Spanish Sports Act). The legislation explicitly recognises the right of professional sportsmen to engage in industrial action. It is regrettable that the legislation does not prescribe the procedures that must be followed in the event of an industrial action. In contrast, the Indonesian legal framework does not specifically address the right to strike in the context of sports. Consequently, there are no dedicated regulations that pertain to professional sportsmen. Consequently, the regulations pertaining to industrial actions applicable to professional sportsmen are those set forth in the Indonesian labour law, which delineates the procedural aspects of strike implementation.

Criminal Law Analysis of the Exploitation of Women in the Film Sang Penari

I Putu Edi Rusmana — 2024-11-21

This study examines these issues within the framework of Indonesia's criminal law development, focusing on the film Sang Penari. Through the character Srintil, the film vividly portrays how cultural practices can entrap women in cycles of exploitation that are legitimized by societal expectations. Although Indonesia has adopted various progressive legal regulations such as Law No. 21/2007 on the Eradication of Trafficking in Persons and Law No. 23/2004 on the Elimination of Domestic Violence, implementation in the field still faces significant challenges. Lack of effective law enforcement, lack of public awareness, and socio-economic factors, such as poverty, contribute to the vulnerable situation for women. Therefore, to protect women from exploitation and violence, a multidimensional approach is needed that includes aspects of law, education and economic empowerment. This research emphasizes the need for integration between law, culture and social awareness so that women like Srintil can live with dignity and be protected from violence and exploitation.

Effectiveness of Regulation of The Minister of Trade Number 40 Of 2022 Concerning Goods Prohibited from Export and Goods Prohibited from Import in The Tabanan Frog Market

Ni Made Ayu Dwi Ardani — 2024-11-21

This research examines the factors contributing to the ongoing trade of imported used clothing at Tabanan Regency’s Frog Market and evaluates the enforcement of Minister of Trade Regulation Number 40 of 2022, which prohibits the import and sale of such items. Imported used clothing poses a threat to local MSMEs and is flagged as a potential health risk due to its contact with human skin. However, the Frog Market, established in the early 2000s, remains a bustling hub for secondhand clothing, fueled by consumer demand for affordable, quality apparel. The study employs an empirical legal research method, incorporating socio-legal and legislative approaches through field observations and interviews. Findings reveal that economic necessity, unique fashion appeal, and environmental considerations drive consumers to purchase used clothing. Additionally, sellers leverage flexible, informal sales channels, including online groups, to sustain their businesses. Despite awareness of the legal restrictions, the economic reliance on thrifting poses challenges for regulation enforcement. The study concludes that for regulatory effectiveness, enhanced public awareness, law enforcement engagement, and consideration of local socio-economic realities are essential. These findings provide insights for policymakers aiming to balance legal mandates with the socio-economic impact on communities reliant on this trade.

Legal Protection for Consumers Against Losses Due to The Provision of Counterfeit Money by Non-Bank Money Changers

Ni Komang Trisna Desinta — 2024-11-21

The growth of tourism has encouraged the development of non-bank money changers. However, there are non-bank money changer practices without a business license, which allows the circulation of counterfeit currency to consumers. Due to the absence of rules regarding the legal certainty of consumers related to the liability of businesses for the loss of consumers who obtain counterfeit money. The formulation of this research problem, namely: 1) How is the regulation of legal protection for consumers in non-bank money changer activities? 2) How is the liability of business actors money changer non-bank for the loss of consumers who get counterfeit money from the exchange of foreign currency?. The research method used is normative legal research with a statutory approach and conceptual approach. The results showed that the regulation of non-bank money changer only based on Bank Indonesia Regulation No. 18/20/PBI/2016. If consumers suffer losses due to counterfeit money, then consumers can request compensation in accordance with Article 19 of the GCPL and if the business refuses to provide accountability, consumers can claim their losses by suing the business according to Article 1365 and 1366 of the Civil Code.

Protecting Well-Known Marks Related to Territorial Principle: From Substantive Similarity to the Distinctiveness Theory

Ni Ketut Supasti Dharmawan — 2024-11-21

Well-known marks are vulnerable to violations, including in Indonesia. Registered trademark disputes often occur between well-known and local mark owners regarding substantive similarities with well-known marks. Ironically, the dominant dispute resolution protects local marks with the rationality of mark protection based on Territorial Principles. The purpose of this study is to clarify how well-known marks are protected related to the exception applying the Territorial Principle to substantively similar marks and to examine the advantages of the Distinctiveness Theory for more legal certainty. The study used a normative legal research method. Study reveals that the Territorial Principle applies to mark protection through Article 6 of the Paris Convention, Article 15 of TRIPs, Article 3 of Indonesian Law No.20/2016 on Mark and Geographical Indication. Protection of Well-Known Marks is excluded from the Territorial Principle as agreed in 1925 by member countries of the Paris Convention. The exception arrangements are through Article 6bis of the Paris Convention, Article 16 of the TRIPs Agreement, and Article 21 of Law No.20/2016. Marks that are substantively similar with similar elements in visuals, phonetics, and concepts are important for mark examiners, law enforcers, and the public to understand. Understanding the mark distinctiveness theory from the weakest to the strongest, namely: Generic, Descriptive, Suggestive, Fanciful, and Arbitrary as an alternative solution for advantages in mark registration. That will also minimize mark disputes. Good faith in the mark registration is referring to uniqueness theory, it is able to differentiate items or services.

Digital Nomad:Analysis of Legal Impact and Government Influence on The Concept of Cultural Tourism in Bali

Putu Lantika Oka Permadhi — 2024-11-21

Digital nomadism has emerged as a growing trend within the global tourism landscape, offering unique opportunities for Bali’s cultural tourism sector. By attracting remote workers who seek immersive travel experiences, Bali can develop cultural tourism rooted in local wisdom, thus revitalizing its tourism industry. This approach is particularly relevant as the sector recovers from the severe impacts of the Covid-19 pandemic. However, technological advancements have provided support to the tourism and creative economy sectors in navigating the pandemic. The purpose of this research is to understand the legal impacts and government influences on the concept of cultural tourism in Bali. This study employs normative legal research based on secondary data. The research focuses on analyzing legal standards to provide fresh claims, hypotheses, or ideas as guidelines for addressing issues, making it a more in-depth study. The findings indicate that the presence of digital nomads in Bali significantly impacts the preservation of cultural tourism centered on tradition and local wisdom. While this phenomenon brings positive economic effects, such as increased consumption and local investment, the negative impacts on culture and the environment must also be considered. The commercialization of culture, changes in social landscapes, value conflicts, and environmental pressures are the main challenges for Bali in maintaining its cultural identity.

Sharia Insurance Disputes Through Sharia Arbitration: A Legal Discourse

Sawitri Yuli Hartati — 2024-11-21

Sharia insurance in Indonesia has experienced significant growth, accompanied by increasingly complex disputes between Islamic insurance companies and policyholders. The primary issue lies in the fragmented legal framework for resolving sharia insurance disputes, with relevant provisions spread across multiple laws and regulations. This has become a discourse and issue of legal norms for sharia arbitration as an option for Islamic arbitration is currently governed by Supreme Court Regulation Number 14 of 2016 and governs the settlement of sharia insurance claims. The research method used is descriptive normative by analyzing regulations laws governing sharia dispute resolution. The results of this study explain that state policy in managing sharia Article 58 of Law No. 48 of 2009 concerning Judicial Power is still used by constitutional authority because insurance issues are still being discussed. Law No. 30 of 1999 must therefore be amended, particularly the section pertaining to the District Court, which needs to be enhanced by the Religious Courts and the processes for settling conflicts through sharia arbitration.

Determination Of The Seller's Absence In The Sale And Purchase Agreement Of Land Ownership Rights

Nanang Fayakun — 2024-11-21

This study investigates the legal implications of the seller's absence in a land ownership rights sale and purchase agreement, focusing on a case where the seller's whereabouts were unknown. The research examines Court Ruling Number 52/Pdt.P/2014/PN Mkd, which declared the seller, Nur Rochman, absent and appointed his father, Sarkam, to represent him in the sale of his land. The ruling is analyzed from the perspective of legal certainty, judicial reasoning, and its alignment with the Civil Code. Based on literature and legal regulations, the normative juridical method is used to address legal uncertainties related to the seller's absence. The study highlights the process of transferring land ownership rights under Indonesian law when the seller is declared absent and raises concerns about future claims by the original owner. It concludes with suggestions for improving the legal framework to ensure greater certainty in such transactions.

Responsibility of The Perpetrator in The Form of Compensation for The Unlawful Act of Fraud

Irene Princess AS Sinaga — 2024-12-10

Fraud is an act that is clearly against the law that has been regulated in the Unitary State of the Republic of Indonesia where fraud can cause losses to the Indonesian people. However, asking for compensation for fraud that has been committed by certain individuals is not an easy thing to do because fraud can enter the legal chamber and the civil chamber where the criminal court has the authority to impose penalties on the perpetrator in the form of fines and imprisonment, while the civil court has the authority to order the perpetrator to provide compensation to the victim. Although fraud can be addressed through civil proceedings to seek compensation, the research highlights that proving fraud is most effectively achieved in a criminal court. This underscores the necessity of obtaining an infract criminal decision one that is legally binding to establish the fraud. Such a decision serves as a prerequisite for ensuring that a civil claim for compensation is neither deemed premature nor rejected. The research recommends prioritizing criminal proceedings as a foundational step to strengthen civil compensation claims and ensure their admissibility.

Progressive and Perfective Local Wisdom of Civil Law Study

Japansen Sinaga — 2024-12-10

Local wisdom, reflecting the values, knowledge, and strategies of local communities, plays a crucial role in shaping Indonesia's cultural identity and societal resilience. With its vast diversity, each region of Indonesia possesses unique traditions and local wisdom, integral to the nation's heritage. However, modernization and external influences have gradually eroded these traditional practices, particularly among younger generations. This study explores the role of local wisdom in Indonesia’s customary law and its integration into civil law using normative research methods, analyzing laws, doctrines, and jurisprudence. The research aims to identify the impact of local wisdom on customary law development and examine how progressive and responsive local wisdom can be effectively applied within the civil law framework. Findings suggest that integrating local wisdom into the legal system can create a more inclusive, adaptive, and contextually relevant framework, contributing significantly to the development of civil law theory and practice in Indonesia.