Tarumanagara Law Review

Harmonization Arbitration Law: A Discourse for Investor–State Arbitration in the ASEAN Economic Community

2019-02-27T03:55:22+00:00

The implementation of the ASEAN Economic Community (AEC) may increase trade and commercial activities in the number of intra-ASEAN, including investment disputes between investors and ASEAN Member States. In that regard, the ASEAN Comprehensive Investment Agreement (ACIA) provides aggrieved investors the option to refer their disputes to arbitration in resolving their disputes. Many foreign arbitrage decisions are found to be time-consuming when it comes to enforcing the decision and cases over the final and legal binding arbitrage decision being overturned by the court’s decision in Indonesia. Thus, the efficiency and effectiveness of the arbitration process are being negated. The ASEAN Comprehensive Investment Agreement (ACIA) that provides the legal basis for the AEC’s liberalized investment regime establishes an investor-state dispute resolution mechanism (ISDR mechanism).

The Role of Political Ideology on Devolution of State Objectives

2019-02-27T03:55:22+00:00

The state objective is one of the contents of a constitution, the historical development of the theory of the state explains that the state objectives theory evolves to adjust the origin of the will of the formation of the state. Ideology as a foundation in a country is a factor that sometimes determines in preference in the formulation of the goals of a nation. This article is intended to discuss ideological evolution in the process of formulating state goals which ultimately affects the character of the constitution in a state.

The Liabilities of the Drone Operators on the Loss of the Third Parties Based on Indonesian Regulation

2019-02-27T03:55:22+00:00

Air transport has experienced many developments; now air transport can be controlled remotely and being called drones. In practice, the operation of the drone can bring harm to the third party. The reason why the author chose the topic is because of the attractiveness of technological developments affecting air transport. The author would like to find out more about the liability of the operators of drones against the damage of the third party. The research questions in this paper related to the legal status of the drone as an aircraft according to Indonesian national regulation and the liability of the operators of drone against the losses of the third party. The method research in this paper using qualitative normative research methods that are supported by the data of the interview. Data research results indicate that drone could be considered as an aircraft, but drones as the aircraft included in model aircraft. The liability of the operators of drones against the damage of the third party using the system of strict liability where it is not needed any proof, absolute liability system is regulated in Law No. 1 of 2009 concerning Aviation. The author recommends the regulations for drone has to be clarified and regulated more specifically about the drone operator's liability towards third parties, a quantity of insurance, and legal status as an aircraft.

Law Enforcement Towards Environmental Damage and Pollution Caused by Open-Pit Coal

2019-05-11T04:30:20+00:00

The mining industry is the primary source of the state’s revenue. The legal instrument governing the mining industry in Indonesia is Law No. 4 of 2009 on Mineral and Coal. Unfortunately, the existence of the mining industry in various regions in Indonesia, especially open-pit coal mining industries, raises multiple problems, one of which related to the aspect of environmental law. The issues which arise in forms of pollution and ecological damage. These problems still occur in several open-pit coal mining areas such as in Bengkulu and South Kalimantan. Environmental law is expected to be a tool to protect the environment from various negative impacts of business activities and from citizens who lack awareness towards the environment, in order to guarantee the sustainability of environmental functions. One of the steps that need to be done is enforcing environmental law effectively. Enforcement can be done in forms of preventive and repressive, which means through administrative, criminal and civil procedures. Thus, the existence of the mining industry is expected to continue to support sustainable development in Indonesia. This research is normative legal research through the method of legislative approach, conceptual approach and analytical approach. The object of the normative legal analysis is in the form of qualitative legal materials, namely primary legal material (legislation) and secondary legal material (library materials). The specification of this study is inferential research, which doesn’t merely describe facts but draws general conclusions that can be the basis of deduction to determine steps to deal with legal problems and define the position of the issues in the national legal system as well. Regarding the research data, both secondary and primary data, a qualitative juridical analysis was carried out using the method of legal interpretation, especially grammatical interpretation, historical interpretation, and systematic interpretation and analogy and constructivism, the results of which were written descriptively.

Energy Conservation Policy Reform in Indonesia: Attempt to Trace Its Basic Reason of Change

2019-02-27T03:55:22+00:00

Energy constitutes a significant element which is needed by human beings. However, energy need can be threatened when its conservation is not implemented correctly. Energy conservation will provide certainty of sustainability and energy harmony as something which later on can be used by the present and future generations. Law is one of the instruments appointed to regulate conservation policy. At present, it is known energy conservation policy is governed in various legislative regulations. However, fundamental law which governs energy conservation is subject to the regime of Act Number 30 of 2007 on Energy (Energy Act). In the Act arrangement of energy conservation can be found in Article 25. The article is then regulated by Government Regulation Number 70 of 2009 on Energy Conservation (PP of Energy Conservation). However, energy conservation policy in PP of Energy Conservation legally cannot be executed because of many problems in it. This research wishes to assess how conservation energy in Indonesia at present and why the current policy needs a change. To answer the said issues, we perform doctrinal research type of research, the data used are secondary ones in the forms of legal documents, and the law approach study. The nature of this research is prescriptive, and the data analysis technique is deductive. The result of research shows that at present in Indonesia has various provisions of legislative regulations which regulates energy conservation. However, precisely the legal instrument is regulated in government regulation on PP Energy Conservation, which has problems concerning its implementation.