The Principle of People's Authoritative Manifestation in Mining Management: An Inclusive Legal Perspective

Taufiq, Muchamad; Disantara, Fradhana Putra

doi:10.47268/sasi.v29i3.1329

Cited by 4 publications

(3 citation statements)

References 24 publications

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“…In intellectual property rights in the form of patents, the novelty aspect is the main aspect that must be fulfilled in patent registration (Wesna, 2021). This is different from trade secrets that do not require a novelty, but there are enough certain methods that can support a business or technology can be categorized as a trade business (Taufiq & Disantara, 2023). In addition, another essential difference between trade secrets and intellectual property rights in the form of patents is related to the period of validity of exclusive rights, which for patents for 20 years (specifically for simple patents for 10 years) while for trade secrets have an unlimited period of time based on the ability of the owner or holder of the right to the trade secret to keep its trade secret secret (Winata & Purwanto, 2023).…”

Section: The Orientation On Propriety Crime As a Form Of Trade Secret...mentioning

confidence: 99%

Violation Of Properity As A Form Of Trade Secret Violation: Orientation And Construction

Suhardin,

Khuan,

Suryadi

et al. 2023

J.D.Hk.

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Trade secret is one of the intellectual property that must be protected. This relates to the existence of a company whose economic activities are based on trade secrets. Problems related to trade secrets are trade secret violations which are only formulated as violations of positive law provisions. In fact, in the era of modern business development there is a potential for violations of trade secrets that have not been accommodated by positive law. This study aims to analyze as well as construct aspects of a violation of decency as a form of violation of trade secrets. This research is a normative legal research that uses a concept, case, and statutory approach. The results of the study confirm that the orientation of a violation of decency as a form of trade secret violation can be carried out through extensive interpretation related to expanding the meaning of "laws and regulations" which has a broader meaning, namely "in accordance with legal provisions". There are two orientations of legal construction, namely short term and long term. The orientation of short-term legal construction is carried out by expanding the meaning of violating trade secrets not only contrary to positive law, but also including violations of decency that develop in society. The long-term orientation is that it is necessary to revise the provisions of trade secret law in order to keep abreast of developments in the growing business world.

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Section: The Orientation On Propriety Crime As a Form Of Trade Secret...mentioning

confidence: 99%

Violation Of Properity As A Form Of Trade Secret Violation: Orientation And Construction

Suhardin,

Khuan,

Suryadi

et al. 2023

J.D.Hk.

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show abstract

“…The application of the Ius Constituendum concept in natural disaster management is not an easy endeavor, but it is very important to ensure that this country is ready to face the challenges of disasters in the future. 20 By considering all relevant aspects and involving all relevant parties, we can strengthen inter-agency synergies in natural disaster management, so as to be able to provide better protection and empower communities to face disasters more resiliently.The application of the Ius Constituendum concept in strengthening interagency synergies related to the mitigation and prosecution of natural disasters in Indonesia can cover several aspects, including:…”

Section: The Ius Constituendum Of Inter-agency Synergy Arrangements R...mentioning

confidence: 99%

The Ius Constituendum of Inter-agency Synergy Arrangements Related to Natural Disaster Mitigation and Action

Pramono,

Wangi,

Setiodjati

et al. 2023

SASI

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Introduction: Natural disasters cause resource destruction and social threats. The synergy of important institutions is facing impact. Indonesia is prone to natural disasters due to volcanic eruptions, earthquakes, etc. Climate change and urbanization are exacerbating the situation. Effective law is needed, including institutional synergy, for disaster mitigation and prosecution.Purposes of the Research: To gain a deeper understanding of inter-agency synergies in dealing with natural disasters in Indonesia, as well as to contribute to the development of a better and more effective legal framework for mitigating and overcoming natural disasters. Implementation of a more solid and coordinated legal framework is expected to increase the efficiency and effectiveness of natural disaster mitigation and prosecution efforts.Methods of the Research: This study uses a qualitative normative research method with a statutory approach. The collection of legal materials involves laws, government regulations, regional regulations, government policies, court decisions, as well as legal literature such as articles, journals and books. The analysis is carried out by identifying and selecting relevant regulations, categorizing issues related to institutional roles, resources, and responsibilities.Results of the Research: Synergy between agencies is the main key in a rapid and coordinated response to natural disasters. Several related institutions have been assigned to deal with disasters, but the implementation of existing laws and regulations needs to be evaluated and improved. In facing this challenge, the Ius Constituendum concept can be applied to strengthen inter-agency synergies related to natural disaster mitigation and prosecution. In implementing the Ius Constituendum concept, the involvement of all stakeholders and an intensive dialogue process are very important to ensure that the laws and regulations that are implemented are in accordance with the needs and conditions that are developing. By formulating and implementing the Ius Constituendum concept correctly, inter-agency synergy in managing natural disasters in Indonesia can be increased.

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“…The idea of progressive law as put forward by Satjipto Rahardjo is based on concerns about the existence of law practice and enforcement in Indonesia. 20 In the midst of turbulent reforms that mandate reforms in various aspects, law in Indonesia actually runs "static" especially when the Indonesian legal creed is based on formalism and positivism. 21 This view actually presents a legal instrument that is dry with Indonesian morality.…”

Section: The Relevance Of Business Judgment Rule Doctrine In Individu...mentioning

confidence: 99%

The Reconstruction of the Implementation from Business Judgment Rule Doctrine in Individual Limited Liability Companies: A Progressive Legal Review

Lumentut,

Palullungan

2023

SASI

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Introduction: Individual Company is part of a legal reform which is based on efforts to empower small and medium enterprises. Individual Company are intended to empower the community's economy so that the leaders of individual Company need to receive protection through the business judgment rule doctrine.Purposes of the Research: This study aims to formulate a legal prescription related to the implementation of the doctrine in the conception of the business judgment rule in individual companies in terms of a progressive legal perspective.Methods of the Research: Normative law with a concept and statutory approach.Results of the Research: The relevance of the implementation of the business judgment rule doctrine for individual company can also increase the competitiveness of individual company because it can increase innovation from the leaders of individual company to be more optimal and maximal in managing individual company and not be afraid of the various risks that exist. Viewed from a progressive legal perspective, the reconstruction of the implementation of the business judgment rule doctrine for individual company can be carried out through analogical legal constructions because individual company and are generally the same in substance. In order to optimize the implementation of the business judgment rule doctrine for individual company, it is necessary to establish special rules governing guidelines and instructions in implementing the business judgment rule doctrine for individual company.

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The Principle of People's Authoritative Manifestation in Mining Management: An Inclusive Legal Perspective

Cited by 4 publications

References 24 publications

Violation Of Properity As A Form Of Trade Secret Violation: Orientation And Construction

Violation Of Properity As A Form Of Trade Secret Violation: Orientation And Construction

The Ius Constituendum of Inter-agency Synergy Arrangements Related to Natural Disaster Mitigation and Action

The Reconstruction of the Implementation from Business Judgment Rule Doctrine in Individual Limited Liability Companies: A Progressive Legal Review

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