The implementation of precautionary principle on the the decision of Appellate Body WTO on the case of Hormone Beef between European Union and United State based on the framework of SPS Agreement. The precautionary principle is only implicitly regulates on the SPS Agreement. The Appellate Body has not yet adopted the precautionary principle as customary international law.
The discussion about access to essential medicine issues nowadays cannot be separated from the TRIPS Agreement. The TRIPS Agreement is important because one of its provisions (Article 27) deals with the protection of pharmaceutical patent which has a great relevance to access to essential medicine issues, such as affordability of drugs. The TRIPS Agreement also regulates a series...
State Parties of Rome Satute 1998 have a territorial jurisdiction over the crimes which occured on their territorial. This is applied for all authors which come from the state parties and non state parties.
Human being is a social creature which needs each other to fulfill the requirement of live, anywhere he or she lives. And every place of human live have rules to keep the peacefulness and justice among the individuals. These rules or laws were born to be adapted for value expanding in society community compiled by people who have power. Among law and power cannot be dissociated...
Trade remedies, i.e. Anti Dumping, Anti Subsidy and Safeguard Action, are instruments of international trade prolicy that are the most frequently used by importing Member Countries of the World Trade Organization (WTO) to ptotect their domestic industries. However, Indonesia has been categorized as a Member Country which is the least frequently in the use of the instrument. This...
There will be some implications if progressive law idea is applied on the criminal law judiciary system to enforce the law. The implications are firstly, the police will not use the written law as primary instrument in combating crimes, but they are going to place forward the conscience, secondly, unloading coherent characteristic at public attorney, that is bureaucratic...
The existence of death penalty as a criminal sanction always raises controvertial. Using a comparative study method, this study concludes that : firstly, the existence of death penalty in the draft of Indonesian Criminal Code is to protect the society and to protect the right to live which becomes non-derogable righs. It was designed for specific crime , and it is implemented...
Judicature as a point spear of law enforcement and justice must be independent. The indendency has to be guaranteed by Constitution. However, the rules which stipulate on the constitution has to be formulated clearly in order to achieve certainty. Besides that, independency has to be supported by institutions. The raise of Judicial Commission will triggers the independency of...
Normatively the amendment of Indonesian Constitution 1945 implemented pure presidential system. However, the sytewm is not compatible with the multy parties system which is viasible based on the amendment. Thus, to maintain the presidential system, it needs further regulations in the form of Act concerns to more simple party system to support presidential system.
In the early of District Regulation Draft Reform merely determines four absolute matters which become the Central Government concerns namely foreign relation, moneter and national fiscal, national and security defend and judicature. However. before the Draft has been ratified by the Parliament, Indonesian Moslem Scholar Assembly with Department of Religion propose religious...
Peraturan Presiden No. 55 tahun 2005 yang mengatur kenaikan harga BBM mengundang sejumlah kontroversi. Selain besaran kenaikan yang sangat tinggi, Perpres ini mengalami cacat konstitusional terutama dalam konteks legal drafting. Hal ini karena tidak dipatuhinya kaidah pembentukan peraturan perundang-undangan sebagaimana telah diatur oleh UU No. 10 tahun 2004.
Novelty test becomes legal principle that needs attention in protection of industrial design. Only the newest design gets the rights. In fact, although industrial design has been registered on Directorate General of Intellectual Property Rights, it often happens that a claim relates to the legal test of novelty on industrial design. There are no clear parameters of novelty on...
This article aimed to study the Legal Implication Toward Globalization of Franchise Business. This study is important considered that there is no substantive law to regulate franchise business, particularly in Indonesia. By using quantitative analysis and legal approach, this study demontrated: First, globalization of franchise business causing globalization of law relating to...
Formally, Indonesia adopts bicameral system as there are the House of Representatives (DPR) and the Regional Representatives Council (DPD). However, structurally, it could be deemed ad tricameral, as there are three representative bodies available; People’s Consultative Assembly (MPR), House of Representatives (DPR) and the Regional Representatives Council (DPD). Thus...
The dispute settlement of administrative law procedures which has local nature will be resolved under two steps. The first step through the District Administrative Law judicature and the second step it will be held by the High Administrtive Law Judicature. The dispute settlement of administrative law procedure is an ultimum remidium. It means if the dispute can be settled by...
Nowadays, the regulation on food and drugs is considered to be clear and sufficient. However, the duty to examine, supervise and to avoid the dangers which are possible to happen, is not yet been undertaken. In addition to this, thre is no relevant body establisehed for such puposes. Therefore, the wise step to avoid any negative impacts of food and drugs is by incepting a...
The rule of law state shall be based on democracy. This because there is a correlation between a rule of law state which relies on a constitution and sovereignty of the people which is run by democracy. In democracy, public’s participation is a core essence. However, democracy withouta robust regulation will lose its direction, and similarly, law without democracy will lose its...
The enforcement of constitutional law as stated in the authority of the Indonesian Constitutional Court may will run effectively in the form of equal horizontal-functional based on the doctrine of checks and balances in the separation of power, when the verdict issued by this constitutional court is accepted and implemented by the concerned parties. The Indonesian Constitutional...
To review the achievements of legal development during reformation era, shall be a parameter to be a foundation; which are some causes that led to the need for legal reform. In other word, it need to be identified what were the problems of legal development during the New Order era which in turns pushed to the rise of legal reform subsequently after political reform in 1998...
Sexual intercourse between men and women out of marital relationship indicates the current crisis of morality among people. More than this, the sexual intercourse among youths seems to be increasing as the increase of the cases of sexual transmitted diseases (STD). Considering this, the effort to overcome such deviation through criminalization policy cannot be delayed any longer...
In Hans Kelsen opinion, one of the essences of democracy is the possibility for compromising various aspirations with regard to the foundation of a state. The principle of compromise is the settlement of a conflict via certain procedure which is not fully in favor of a party and ignoring the rests. By this compromise, democracy performs as an approach in the process of achieving...
To build a strong and reliable democratic institution, is a time consuming process which also requires a long patience. Accordingly, three pillars of General Election Commission (KPU), namely, structural independency, functional independency and personal independency, shall be consistently kept up and maintained.Keywords: General Election Commission, General Election Supervisory...
Regulatory Impact Assessment (IRA) terlembagakan secara independent sebagai sebuah control terhadap pemerintah daerah, baik dalam bentuk rancangan peraturan atau dalam bentuk ketetapan. RIA memandu alasan dan logika dalam proses pelembagaan peraturan tanpa mengubah mekanisme dan lembaga-lembaga yang berkaitan dengan pengeluaran peraturan.Kata kunci: Regulatory Impact Assessment...
Bersamaan dengan hadirnya demokasi di Indonesia lewat Reformasi pada tahun 1998, praktek penyelenggaraan Negara berlangsung secara dinamis. Salah satu kedinamisannya adalah otonomi daerah yang implementasinya telah memicu interpretasi yang luas dikalangan masyarakat. Salah satu perihal yang mengundang pro dan kontra dalam hal otonomi daerah adalah keberadaan peraturan daerah...
The amendment of UUD 1945 implicates on the establishment of Constitutional Court. One of the authorities of the institution whose authority is equal to Supreme Court is to resolve the dispute of general election. The success of Constitutional Court in resolving the 2004 general election dispute proved that the principles of court justice have been implemented in order to keep...