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All Journal Jurnal IUS (Kajian Hukum dan Keadilan) JISIP: Jurnal Ilmu Sosial dan Pendidikan Indonesia Law Review (ILREV)
Brian Amy Prastyo
Faculty Of Law Universitas Indonesia
Arts Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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THE PRINCIPLE OF SOCIAL JUSTICE AS THE LAW Brian Amy Prastyo
Jurnal IUS Kajian Hukum dan Keadilan Vol 1, No 3 (2013): APAKAH HUKUM SUDAH MATI?
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (306.142 KB) | DOI: 10.12345/ius.v1i3.247

Abstract

The term of “social justice” has mentioned explicitly in Pancasila. As the nation philosophical base, every Indonesian citizen may interpret the meaning of this term. Interpretation of every citizen may be various caused by each personal have their own way of thinking. This article offered a picture of how the “social justice” term could be interpret in 4 points of view, that are; Indonesianist, liberalist, Islamic and post modernist point of view. Furthermore this article will shows basic similarity among four ideas above concerning “social justice” so that we could see the harmony among them in interpreting “social justice” term. In the end will be described how “social justice” term embraced as a principle and normatively functioned. That is as a guidance to state rights and obligations which in certain situation could hold stronger power than a valid regulation. Keywords: Justice Theory, Legal Positivism, Pancasila, Social Justice, Basic Right.Abstrak:
Rules of Government Secrecy in the Law of Archives in Indonesia Prastyo, Brian Amy
Indonesia Law Review
Publisher : UI Scholars Hub

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Abstract

Every government operates secrecy as one of mechanism to protect the state, the people, and the assets from threats. There is lack of clarity of rules for the secrecy system in Indonesia. Ultimately, there is no uniform conception among government officials, because each agency makes its own policy and system. This condition brings disadvantage to society, because there is no clear guidance on this subject and it will not be able to push the government to act more responsible in managing the information. The rules about “closed archives” in Law No. 43 of 2009 about Archives and the term of “security classification” that mentioned in Government Regulation No. 28 of 2012 about the Implementation of Law No. 43 of 2009 about Archives, do not help at all in solving that problems. To get the accountability in the management of closed archive, the government does not have any other option than establishing a set of rules that describe a clear secrecy system. The secrecy concept can be framed within the concept of records life cycle, in order to be more adjustable to the existing system
INDONESIAN EXPERIENCE IN DEALING WITH TRADEMARK LAW: CASE STUDY OF BATIK SMEs Sardjono, Agus; Prastyo, Brian Amy; Larasati, Desrezka Gunti
Indonesia Law Review
Publisher : UI Scholars Hub

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Abstract

This research aims to observe whether the Trademark Law can contribute to protect Indonesia’s batik business, particularly for the small-medium enterprises who produce and sell batik products (“Batik SMEs”). The individual trademark system has not been successful to support the batik SMEs’ business. However, the fact that those SMEs gather in a community, organization, or kinships bring potentials for the development of collective trademarks, which can address the problems that individual trademark cannot anticipate. This research finds that, in order to anticipate the free-trade ‘attack,’ i.e. imported textiles with batik patterns/motifs; Indonesian batik SMEs need to be nurtured and encouraged to register their own collective trademarks, and to build their branding infrastructure, through local batik community’s standardization, and collective batik labeling. This recommendation is also proposed considering the government’s ineffective policy on Batikmark. This research will take samples of Batik SMEs in several areas, namely Yogyakarta, Pekalongan, Solo, and Jakarta. Those areas have been recalled as some of the centers for Batik production and trading activities. This research is conducted through combining the quantitative and qualitative-empirical methods. Data are collected through literature studies, interviews, as well as questionnaires, including site visits and discussions with the SMEs in those areas.
The Effectiveness of National Collective Management Organization Regulation Sardjono, Agus; Prastyo, Brian Amy; Larasati, Derezka G.
Indonesia Law Review
Publisher : UI Scholars Hub

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Abstract

Law Number 28 of 2014 concerning Copyright in Article 89 provides for two National Collective Management Organizations (briefly referred to as LMKN), both of which represent the interests of Authors and the Owners of Related Rights. Both of the said organizations possess the authority to impose, collect, and distribute royalty obtained from commercial users. The Minister of Law and Human Rights inaugurated commissioners assigned to the said Authors’ LMKN and Related Rights LMKN. The LMKN is bound to have an operational effect on previously existing LMKs in Indonesia. Therefore, the objective of this study is to assess whether the existing LMKs feel that their needs are accommodated by the introduction of the LMKN. This research also aims to reveal the causing factors of the conflict which has been occurring between LMK and Authors/ Musicians/Singers, between LMKs, and between LMK and Commercial Users of Songs/Music. This research also aims to elaborate on the existing regulation patterns concerning LMKs worldwide. The research will be conducted by using the normative and empirical legal research method. Normative research will be conducted to examine the normative aspects of LMK and LMKN. On the other hand, empirical research will be aimed at understanding and analyzing the outlook of actors, particularly LMKs existing prior to the 2014 Copyright Law coming into effect. This research is expected to come up with recommendations concerning the regulation of music/song LMKs in Indonesia in the future.
Legal Analysis Of Binary Options Through Online-Based Platforms Muhammad Ardiansyah; Brian Amy Prastyo
JISIP: Jurnal Ilmu Sosial dan Pendidikan Vol 6, No 4 (2022): JISIP (Jurnal Ilmu Sosial dan Pendidikan)
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Mandala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58258/jisip.v6i4.3596

Abstract

The fraudulent acts that are currently taking place are important to be studied, discussed, and investigated because these violations are now easier to carry out. This study aims to analyze related to the legal rules governing binary options trading platform online considering the rules and regulations enforced in Indonesia, and regarding legal protection and the role of the government related to binary options trading carried out on an online platform in Indonesia. This research uses regulatory research with a legal methodology. The method of collecting information is through meetings and written studies with subjective investigation procedures. The result of this research is the legal aspect of trading binary options activities carried out in Indonesia, namely that binary options are illegal activities, this is because the platform has no legality and has been blocked by Bappebti as part of the Investment Satgas Waspada Investasi (SWI), Bappebti regularly checks and pays attention, especially to futures trading products that do not have a license from Bappebti
Co-Authors Agus Sardjono Agus Sardjono Desrezka Gunti Larasati Desrezka Gunti Larasati Desrezka Gunti Larasati Larasati, Derezka G. Muhammad Ardiansyah