Indonesian Maintenance and Preservation of traditional knowledge and traditional cultural expression or folklore (PTEBT) has forced to be done by government. PTEBT is cultural heritage that gave unreal treasure for Indonesia. This research focused on the problem in what obstacles might appear when Rancangan Undang-Undang PTEBT (PTEBT Constitution Bill) constituted which could reduce its effectiveness to protect Indonesian PTEBT as well as effort of solution that must be done by government to overcome those problems. This research was done by juridical sociological research method. This research has concluded that government planning to give protection through RUU Perlindungan dan
The final and binding nature of international arbitral awards results in the nullification of the rights of the parties to file legal remedies against the arbitral award, as is the case with decisions of national courts that can be appealed, appealed, or reviewed. However, Article 68 paragraph (2) of Law Number 30 of 1999 concerning arbitration and Alternative Dispute Resolution provides an opportunity for parties who refuse to recognize and implement an international arbitral award that can be appealed to, as well as Article 70 must also be explained that Article this applies only to national arbitrations. This of course creates legal uncertainty, disuse, and injustice for the parties. Therefore, what is highlighted in this research is what is the position of the final and binding international arbitration award in Indonesia. The research method used in this article is legal research using primary and secondary legal materials. The results of the research show that the position of international arbitral awards in Indonesia is not the same as the decisions of national courts because they cannot be appealed, cassated, and reviewed. Therefore, it is necessary to completely amend international arbitration arrangements by removing Article 68 paragraph (2) of Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution in order to provide legal certainty, benefit, and justice for the parties.
This article is reviews the application of foreign law by Indonesian courts as governed by the Indonesian Private International Law (PIL). The review is based on Acts and regulations related to PIL, case-laws, and text-books on PIL. The result demonstrates that Indonesian judges often do not implement the principle of iura novit curia in the application of foreign law; ignore foreign elements in their cases; and keep applying Indonesian law even though the rules of Indonesian PIL lead to the foreign law. Therefore, the Bill of Indonesian PIL shall be passed and enacted soon so that there are no more excuses by Indonesian courts not to apply foreign law. Indonesian courts including the Supreme Court, should have a special unit within their system that can provide judges with information on and translation of foreign law. In addition, it is necessary to establish international cooperation regarding exchange of information on foreign law between Indonesia’s Supreme Court and other countries’ Supreme Courts.
No abstract
The purpose of this article is to discuss the authority of the notary in making a certificate of inheritance and legal force for the certificate of inheritance for Indonesian citizens after the enactment of Law Number 24 of 2013 concerning Population Administration. The study uses a normative juridical method with a legislative approach and analytical approach. The legislative approach is used to analyze problems caused by inconsistencies in norms of the relevant laws and regulations in making a certificate of inheritance. The analytical approach is used to analyze the meaning contained in the terms used in legislation regarding the drafting of a certificate of inherit- ance conceptually. Notaries have strong authority in making certificate of inheritance for Indonesian citizens without discriminating between population groups. The certificate of inheritance made by a Notary has perfect legal force.
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