2026-06-25T02:40:38Z https://jurnal.fh.unpad.ac.id/index.php/transbuslj/oai

oai:ojs.jurnal.fh.unpad.ac.id:article/281 2023-12-22T02:58:50Z transbuslj:ART driver

PEOPLE'S BUSINESS CREDIT: OMNIBUS LAW AND BUSINESS REENGINEERING COMMUNITY FINANCIAL INSTITUTIONS Murwadji, Tarsisius Tresna Puja Asmara, Teguh Kusuma, Sylvia People's Business Credit Corporate Social Responsibility Business Reengineering ABSTRACTThe Government's program to accelerate the development of the real sector and the empowerment of Micro, Small and Medium Enterprises (MSMEs), one of which is set forth in the policy package for the distribution of People's Business Credit (KUR). However, in its implementation, the KUR program experienced several problems and could not be carried out only by relying on funds from the Government or banks for the development of MSMEs. This is due to the fact that banks in conducting their business must always pay attention to the principle of banking prudence, while the KUR program requires banks to relax the conditions of their debtors who want to obtain credit or financing. This research uses the normative juridical approach method by emphasizing the study of literature and supported by data from field research. The results showed that the KUR program in its implementation could be synergized with the Corporate Social Responsibility (CSR) program. The CSR program can be a solution to the problems faced by the KUR program where later the CSR program can be used as a trigger for banking business reengineering in implementing the KUR program that can provide benefits for stakeholders. Keywords: People's Business Credit, Corporate Social Responsibility, Business Reengineering Department of Transnational Business Law, Faculty of Law Universitas Padjadjaran 2020-11-30 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article application/pdf https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/281 Transnational Business Law Journal; Vol. 1 No. 1 (2020): TRANSNATIONAL BUSINESS LAW JOURNAL, Volume 1, Number 1, February 2020 ; 21-36 2747-0210 2722-1105 10.23920/transbuslj.v1i1 eng https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/281/175 Copyright (c) 2020 Tarsisius Murwadji, Teguh Tresna Puja Asmara, Sylvia Kusuma https://creativecommons.org/licenses/by/4.0

oai:ojs.jurnal.fh.unpad.ac.id:article/282 2023-12-22T02:47:53Z transbuslj:ART driver

A REVIEW ON THE IMPLEMENTATION OF INTERNATIONAL TRADE AGREEMENT IN INDONESIA Adolf, Huala Indonesia International Agreements Implementation National Institution ABSTRACTThe implementation of international trade agreements in Indonesia has been facing various problems in practice. This article describes the current situation where the international trade agreements already signed by the Republic of Indonesia are still facing problems in its implementation. This article suggested that Indonesia should have a permanent national institution in the implementation of international trade agreements.Keywords: Indonesia, International Agreements, Implementation, National Institution. Department of Transnational Business Law, Faculty of Law Universitas Padjadjaran 2020-02-28 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article application/pdf https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/282 Transnational Business Law Journal; Vol. 1 No. 1 (2020): TRANSNATIONAL BUSINESS LAW JOURNAL, Volume 1, Number 1, February 2020 ; 1-20 2747-0210 2722-1105 10.23920/transbuslj.v1i1 eng https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/282/174 Copyright (c) 2020 Huala Adolf https://creativecommons.org/licenses/by/4.0

oai:ojs.jurnal.fh.unpad.ac.id:article/284 2023-12-22T03:04:19Z transbuslj:ART driver

MODEL REGULATION OF THIRD-PARTY FUNDING IN INDONESIA: A COMPARATIVE STUDY Kanris, Jesslyn Amalia, Prita Third-Party Funding in International Investment Arbitration Indonesian Arbitration Law Model Implementation of Indonesian International Arbitration Law ABSTRACTThe emerging practice of third-party funding provides an answer for the party whose rights has been breached but are financially constrained to bring forth its claims to an investment arbitration. However, the practice of third-party funding does not always run smoothly according to its optimistic expectations and noble goals. The lack of concrete regulations regarding its practice imposes several issues concerning its involvement in investment arbitration. By using normative legal and case analysis approach, this paper analyses legal doctrines and principles in investment arbitration law and their implementations in the community through comparative cases. The research uses a descriptive analytical method which describes the applicable legal regulations correlated with legal theories and their implementation in the research object. The research was conducted by finding secondary data using primary, secondary, and tertiary legal materials. The results of the research show that the regulations regarding the practice of third-party funding in addition to provide access to justice for financially constrained parties is also required to provide answers to concerns raised by its involvement in investment arbitration. The action that can be done by the Indonesian government to solve the aforementioned problem is to issue a specific international arbitration law which includes the regulations regarding the practice of third-party funding.Keywords: Third-Party Funding in International Investment Arbitration, Indonesian Arbitration Law, Model Implementation of Indonesian International Arbitration Law.   Department of Transnational Business Law, Faculty of Law Universitas Padjadjaran 2020-02-28 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article application/pdf https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/284 Transnational Business Law Journal; Vol. 1 No. 1 (2020): TRANSNATIONAL BUSINESS LAW JOURNAL, Volume 1, Number 1, February 2020 ; 37-57 2747-0210 2722-1105 10.23920/transbuslj.v1i1 eng https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/284/176 Copyright (c) 2020 Jesslyn Kanris, Prita Amalia https://creativecommons.org/licenses/by/4.0

oai:ojs.jurnal.fh.unpad.ac.id:article/285 2023-12-22T03:06:48Z transbuslj:ART driver

CHARTER’S LIABILITY ON DEMURRAGE: AN INDONESIA’S PERSPECTIVE Puti Diamar, Raisha Chandrawulan, An an Bill of Lading Carriage of Goods by Sea Laytime & Demurrage ABSTRACTCarriage of goods plays a substantial role for both domestic and international trade in pursuance of fulfilling the markets’ supply and demand. Amongst all modes of carriage of goods, carriage of goods by sea is deemed to be the most effective mode — cost and quantity wise. However, carriage of goods by sea has a high possibility towards time indiscipline which could result to huge amount of damages, one of which concerning demurrage caused by expiration of laytime. In its practice, problems tend to arise when parties exert to determine the liability of demurrage. Hence, this article aims to discuss further regarding the concerned liability of demurrage. This article used descriptive analytical method, discussing limitation of liability terms written on bill of ladings and laytime exception clauses. Keywords: Bill of Lading, Carriage of Goods by Sea, Laytime & Demurrage Department of Transnational Business Law, Faculty of Law Universitas Padjadjaran 2020-02-28 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article application/pdf https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/285 Transnational Business Law Journal; Vol. 1 No. 1 (2020): TRANSNATIONAL BUSINESS LAW JOURNAL, Volume 1, Number 1, February 2020 ; 58-72 2747-0210 2722-1105 10.23920/transbuslj.v1i1 eng https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/285/177 Copyright (c) 2020 Raisha Puti Diamar, An an Chandrawulan https://creativecommons.org/licenses/by/4.0

oai:ojs.jurnal.fh.unpad.ac.id:article/287 2023-12-22T03:08:48Z transbuslj:ART driver

BALANCING HOST STATE SOVEREIGNTY AND FOREIGN INVESTORS’ RIGHTS THROUGH A MINING DIVESTMENT RULE Tamara Sulistio, Chealse Trisnamansyah, Purnama Share Divestment Mining Law Sovereignty Foreign Investment ABSTRACTShare divestment in foreign mining has been a significant focus for the Indonesian Government as its purpose to reverted national sovereignty through the state-control over natural resources and attempt to gain direct access to profits of the multinational companies through an ownership stake. Under Law No. 4 of 2009 on Mineral and Coal Mining (Mining Law), all foreign companies in mining are required to divest 51 percent of their interest in stage to the national participant. The State has indeed the right to protect its economy as a manifestation of permanent sovereignty. In an age of globalization, however, it is also necessary to maintaining their external sovereignty rights, including the right to establish relationships outside. This research aims to examine the implementation of shares divestment scheme in Mining Law to host state sovereignty. The method used is normative legal research and specification of descriptive analysis. The finding shows that the intention of the divestment obligation challenging to attain due to the process of the implementation of the divestment obligation is not in line with the fundamental principles of investment law and the concept of international economic sovereignty of Indonesia. The main goal of which is to devise series of recommendations and whether the alternative solution based on the other countries’ experience, which expected will be applied to reduce the risk for both host state and foreign investors in the mining sector.Keywords: Share Divestment, Mining Law, Sovereignty, Foreign Investment Department of Transnational Business Law, Faculty of Law Universitas Padjadjaran 2020-02-28 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article application/pdf https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/287 Transnational Business Law Journal; Vol. 1 No. 1 (2020): TRANSNATIONAL BUSINESS LAW JOURNAL, Volume 1, Number 1, February 2020 ; 73-90 2747-0210 2722-1105 10.23920/transbuslj.v1i1 eng https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/287/179 Copyright (c) 2020 Chealse Tamara Sulistio https://creativecommons.org/licenses/by/4.0

oai:ojs.jurnal.fh.unpad.ac.id:article/353 2024-03-23T07:51:05Z transbuslj:ART driver

APPLYING THE NEW LEX MERCATORIA BY OPTING-OUT APPROACH IN SETTLEMENT OF INTERNATIONAL COMMERCIAL CONTRACT DISPUTES Taufiqurrahman, Taufiqurrahman The New Lex Mercatoria Opting Out Disputes International Commercial Contract The problem that must be solved at first in international commercial contract dispute settlement is the determination of applicable law. This problem is not easy to be solved in the absence of a choice of law clause. Generally, judges or arbitrators attempt to use conventional methods of determination that ultimately designate national law from either party. This conventional method certainly creates a sense of injustice for one of the parties whose national law is not embarrassed. From the condition above, the existence of an international law regime (the New Lex Mercatoria made by International Organizations operating in the field of International Commercial Law) as well as an approach that enforces the law regime is urgently needed in international trade traffic. The purpose of this study was to determine the importance of using an opting-out approach to enforce the New Lex Mercatoria in the resolution of commercial disputes encountered. The research method used is normative legal research method with the statute and conceptual approach. The results show that the "opting-out" approach further expands the potential of the New Lex Mercatoria in the settlement of international commercial contract disputes that ultimately leads to the harmonization of international commercial law. Department of Transnational Business Law, Faculty of Law Universitas Padjadjaran 2020-08-31 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article application/pdf https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/353 10.23920/transbuslj.v1i2.353 Transnational Business Law Journal; Vol. 1 No. 2 (2020): TRANSNATIONAL BUSINESS LAW JOURNAL, Volume 1, Number 2, Agust 2020 ; 91-104 2747-0210 2722-1105 10.23920/transbuslj.v1i2 eng https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/353/337 Copyright (c) 2020 Taufiqurrahman Taufiqurrahman https://creativecommons.org/licenses/by/4.0

oai:ojs.jurnal.fh.unpad.ac.id:article/358 2024-03-23T07:51:05Z transbuslj:ART driver

REGULATION OF MAXIMUM TARIFF OF FLIGHT TICKETS FOR ECONOMIC CLASS PASSANGERS IN INDONESIA Isrami Yuristiana, Gita Sudiro, Amad Tariff Policy Business Competition Commercial Air transport Scheduled Minister of Transportation Decree No. 106 of 2019 is a government reaction to soaring flight ticket fare on domestic routes. This Minister Decree aims to prevent unfair business competition practices as mandated by Law No. 5 of 1999. On the other hand, Law No. 5 of 1999 itself does not provide an explanation of what kind of price fixing referred to by Article 5 of the Act. This then raises a question regarding business competition between business actors. This legal issue starts from the most basic condition whether the airline have carried out the sale of airline tickets that do not harm passengers, and of course there is a legal basis. The society's need for air transportation is increasing every year, but is constrained by the increasingly expensive airline ticket rates. The society and business actors need the role of the government to be able to make policies that are impartial while still considering the interests of the society and business doers. Department of Transnational Business Law, Faculty of Law Universitas Padjadjaran 2021-05-04 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article application/pdf https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/358 10.23920/transbuslj.v1i2.358 Transnational Business Law Journal; Vol. 1 No. 2 (2020): TRANSNATIONAL BUSINESS LAW JOURNAL, Volume 1, Number 2, Agust 2020 ; 105-120 2747-0210 2722-1105 10.23920/transbuslj.v1i2 eng https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/358/341 Copyright (c) 2020 Gita Isrami Yuristiana, Amad Sudiro https://creativecommons.org/licenses/by/4.0

oai:ojs.jurnal.fh.unpad.ac.id:article/361 2024-03-23T07:51:05Z transbuslj:ART driver

IMPLICATIONS OF THE PRINCIPLE OF NON-DISCRIMINATION IN THE INDONESIA-EUROPEAN UNION COMPREHENSIVE ECONOMIC PARTNERSHIP AGREEMENT ON GOVERNMENT PROCUREMENT CHAPTER TOWARD REGULATIONS OF DOMESTIC PRODUCT USE IN INDONESIA Syukri, Syukri Amalia, Prita non-discrimination principles, I-EU CEPA, Domestic Product, GP. This article aims to explain the differences between regulations on the use of domestic product in Indonesia and the principle of non-discrimination in Indonesia-European Union Comprehensive Economic Partnership Agreement (I-EU CEPA) on Government Procurement Chapter and the legal consequences for domestic regulations in Indonesia. The research method used is a normative juridical method with exploratory specifications. The results of this study indicate that the principle of non-discrimination, which consists of most favored-nation treatment and national treatment in the I-EU CEPA on Government Procurement Chapter, differs from regulations in Indonesia because the use of domestic product is mandatory in the government procurement and discriminatory against foreign suppliers. The difference in these provisions has implications, namely if Indonesia and the European Union agree to the I-EU CEPA, they must adjust the regulations for the use of domestic product in accordance with the principle of non-discrimination in the I-EU CEPA or World Trade Organization Agreement on Government Procurement (WTO GPA) or ratify the I-EU CEPA in the form of a Law and its enforcement is lex specialis and it is necessary to make adjustments to the implementing regulations by giving time after entry into force. In addition, Indonesia does not have the obligation to provide equal treatment to third countries because the I-EU CEPA is a bilateral agreement and Indonesia is not yet bound by a multilateral agreement, namely the WTO GPA. In addition, if Indonesia and the European Union agree to an I-EU CEPA, the Indonesian side cannot cancel it on the grounds that it violates the provisions of national law. Department of Transnational Business Law, Faculty of Law Universitas Padjadjaran 2020-08-31 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article application/pdf https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/361 10.23920/transbuslj.v1i2.361 Transnational Business Law Journal; Vol. 1 No. 2 (2020): TRANSNATIONAL BUSINESS LAW JOURNAL, Volume 1, Number 2, Agust 2020 ; 121-138 2747-0210 2722-1105 10.23920/transbuslj.v1i2 eng https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/361/339 Copyright (c) 2020 Syukri Syukri, Prita Amalia https://creativecommons.org/licenses/by/4.0

oai:ojs.jurnal.fh.unpad.ac.id:article/369 2024-03-23T07:51:05Z transbuslj:ART driver

CONTEMPORARY ISSUES ON ASEAN LIBERALIZATION OF LEGAL SERVICE FROM INDONESIA PERSPECTIVE Nico Hanna Lumanauw, Erick Risky ASEAN Legal Services Liberalization Attorney Indonesia Kuala Lumpur meeting in 1997 has established and concepted three pillars in ASEAN known as ASEAN Economic Community (AEC), ASEAN Security Community (ASC), and ASEAN Socio-Cultural Community (ASCC). AEC has been established based on ASEAN Economic Blueprint 2015, to reach the target of ASEAN Vision 2020 targets, ASEAN member states made several cooperation agreements such as Preferential Trade Agreement (PTA), ASEAN Free Trade Area (AFTA), ASEAN Framework Agreement on Services (AFAS), ASEAN Investment Area (AIA 1998), and etc. Related to AEC nowadays, massive investment occurred in the ASEAN region, economic growth reached 5% in this region. There's various kinds of bussiness development of the services sector, mainly in legal service, in facing globalization and liberalization of business movement after Free Trade Agreement comes into force in ASEAN. The differences of the governmental system, geographical condition, and the divergence of jurisdiction also reflecting in the ASEAN Countries to regulate each national law regulation. This paper explain the comparison existing ten ASEAN countries national legislation, government decree relating to the liberalization of national legal services in each country. This research was expecting to help Indonesian government re-evaluate the Authorities and regulation related in modern business sector development, in result from the demand of capable attorneys by endorsing foreign lawyers to get practices in Indonesia to transfer knowledge to local attorneys.   Department of Transnational Business Law, Faculty of Law Universitas Padjadjaran 2020-08-31 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article application/pdf https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/369 10.23920/transbuslj.v1i2.369 Transnational Business Law Journal; Vol. 1 No. 2 (2020): TRANSNATIONAL BUSINESS LAW JOURNAL, Volume 1, Number 2, Agust 2020 ; 148-151 2747-0210 2722-1105 10.23920/transbuslj.v1i2 eng https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/369/338 Copyright (c) 2020 Erick Risky Nico Hanna Lumanauw https://creativecommons.org/licenses/by/4.0

oai:ojs.jurnal.fh.unpad.ac.id:article/479 2024-03-23T07:51:05Z transbuslj:ART driver

ELECTRONIC TRANSACTIONS IN INDONESIA RELATED TO USE THE THEORY OF “LEX INFORMATICA” AND THE CONCEPT OF “SELF REGULATION” Priowirjanto, Enni Soerjati Electronic Transaction Lex Informatica Self-Regulation The basis of electronic transaction is the free will from everyone who bind himself to others, without coercion from any party, and without the necessity to meet directly. This requires regulations other than the existing law as guidelines for the perpetrators. The agreement is made under lex Informatica, particularly the rules made and agreed upon by the parties in electronic transaction. This article is written to discuss the use of lex Informatica concerning the self-regulation approach carried out along with its examples of electronic transaction in Indonesia. The focus of the discussing is about the benefits of using lex Informatica in electronic transaction and the relation between lex Informatica and self-regulation as theory and approacch in electronic transaction. This study using juridical normative research methods, and descriptive-analytical specifications, through library research and field studies. The results obtained indicate that lex Informatica as a fondation law in internet can underlying an agreement between the parties regarding matters that are not regulated in statutory regulations and self-regulation relating to lex Informatica can be as a regulatory model that provides an opportunity for parties to regulates electronic transaction activities. Department of Transnational Business Law, Faculty of Law Universitas Padjadjaran 2020-08-31 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article application/pdf https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/479 10.23920/transbuslj.v2i1.479 Transnational Business Law Journal; Vol. 1 No. 2 (2020): TRANSNATIONAL BUSINESS LAW JOURNAL, Volume 1, Number 2, Agust 2020 ; 139-147 2747-0210 2722-1105 10.23920/transbuslj.v1i2 eng https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/479/336 Copyright (c) 2020 enni soerjati Priowirjanto https://creativecommons.org/licenses/by/4.0

oai:ojs.jurnal.fh.unpad.ac.id:article/610 2023-12-23T08:02:50Z transbuslj:ART driver

THE INFLUENCE OF THE JURIDICAL CIVIC CRITICAL LEARNING MODEL ON CRIMINAL LAW COURSES AS AN ENHANCEMENT OF STUDENTS' CRITICAL THINKING Sundawa, Dadang Muthaqin, Dwi Iman Iswandi, Dede Baeihaqi Juridical civic critical, learning model, Critical thinking The juridical civic critical learning model is a combination of several other learning models such as the direct discussion learning model, the debate learning model and the jurisprudential inquiry learning model. The purpose of carrying out this research is to examine the level of knowledge, understanding, attitudes and behavior of students towards a criminal law incident and to increase it to a higher level. The juridical civic critical learning model trains students to be sensitive to social problems, take positions, towards these problems, and maintain these attitudes with relevant and valid arguments. Juridical civic critical learning model will later become a stimulus for students to increase critical thinking about social phenomena related to criminal law. Department of Transnational Business Law, Faculty of Law Universitas Padjadjaran 2021-02-26 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article application/pdf https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/610 10.23920/transbuslj.v2i1.610 Transnational Business Law Journal; Vol. 2 No. 1 (2021): TRANSNATIONAL BUSINESS LAW JOURNAL, Volume 2, Number 1, February 2021 ; 1-14 2747-0210 2722-1105 10.23920/transbuslj.v2i1 eng https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/610/469 Copyright (c) 2021 Dadang Sundawa, Dwi Iman Muthaqin, Dede Iswandi, Baeihaqi https://creativecommons.org/licenses/by/4.0

oai:ojs.jurnal.fh.unpad.ac.id:article/646 2023-12-22T01:58:52Z transbuslj:ART driver

THE MEANING OF PUBLIC POLICY UNDER INDONESIAN ARBITRATION LAW AND PRACTICE Adolf, Huala public policy, arbitration law. This article tried to see the meaning of public policy under Indonesian arbitration law. The arbitration law examined was the arbitration law in the Code of Civil Procedures of 1847, the Presidential Decree No 34 of 1981, the Supreme Court Regulation No 1 of 1990 and the Arbitration law No 30 of 1999. The article also took a closer look on Indonesian court in interpreting the term public policy in its decisions. The method used in this article was descriptive-analytical. The data was in particular the decisions of the courts of Indonesia including Domestic Court, High Court and Supreme Court. A comparative study was taken, describing the arbitration acts of certain countries in particular New Zealand, Malaysia and Fiji. This article concluded, as cases developed, the approach toward public policy was the strict application of it. This article also recommended the amendment of the arbitration law by including the indicators as to what the public policy would cover as found in arbitration acts of states being studied. Department of Transnational Business Law, Faculty of Law Universitas Padjadjaran 2021-02-26 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article application/pdf https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/646 10.23920/transbuslj.v2i1.646 Transnational Business Law Journal; Vol. 2 No. 1 (2021): TRANSNATIONAL BUSINESS LAW JOURNAL, Volume 2, Number 1, February 2021 ; 15-34 2747-0210 2722-1105 10.23920/transbuslj.v2i1 eng https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/646/470 Copyright (c) 2021 Huala Adolf https://creativecommons.org/licenses/by/4.0

oai:ojs.jurnal.fh.unpad.ac.id:article/684 2023-12-23T08:04:39Z transbuslj:ART driver

GLOBAL DIGITAL TAXES IN INTERNATIONAL TRADE AND ITS URGENCE FOR INDONESIA Rivaldi, Regi Digital Tax, Digital Economy, International Trade Members of the Organization for Economic Cooperation and Development (OECD) and World Trade Organization are working together to exploring issues related to digital service product tax policies. The ability of digital companies that operate without the need to be physically present has sparked debates in international forums regarding the allocation of rights and tax rights reallocation agreements or nexus. Not to mention the physical absence of digital companies that makes jurisdictional constraints for State that want to collect taxes from digital companies. The scope of digital services makes it difficult for policy makers to define what digital service products are. This problem has led initiate international forums to reforms international tax regulations that are able to accommodate these interests. TOECD formed a Task Force Digital Economy to respond this problem and at the same time identify issues that are related to digital service product taxes to make it relevant. Department of Transnational Business Law, Faculty of Law Universitas Padjadjaran 2021-02-26 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article application/pdf https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/684 10.23920/transbuslj.v2i1.684 Transnational Business Law Journal; Vol. 2 No. 1 (2021): TRANSNATIONAL BUSINESS LAW JOURNAL, Volume 2, Number 1, February 2021 ; 35-49 2747-0210 2722-1105 10.23920/transbuslj.v2i1 eng https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/684/471 Copyright (c) 2021 Regi Rivaldi https://creativecommons.org/licenses/by/4.0

oai:ojs.jurnal.fh.unpad.ac.id:article/694 2023-12-22T02:16:29Z transbuslj:ART driver

COVID-19 VACCINE LEGAL PROTECTION THROUGH PATENT FOR PUBLIC INTEREST Zaki, Muhammad Reza Syariffudin Akmal, Muhammad Farhan Indonesia Patent Law of 2016 Intellectual Property Rights International Law Paris Convention President Regulation of 77/20 TRIPS Agreement Patents are rights granted by the state to inventors for their inventions in the field of technology for a certain period of time. However, a rigid patent protection can disrupt the public interest. Therefore, the undergraduate thesis research entitled Legal Protection of Covid-19 Vaccines through Patents for Public Interest was conducted. The research conducted by juridical normative legal research methods, statutory approaches, and conceptual approaches. TRIPs Agreement, Paris Convention, Indonesian Patent Law 2016 and President Regulation No. 77/20 are the main objects of study. This research aims to answer (1) how the legal protection of the Covid-19 vaccine for the public interest, and (2) how to resolve disputes against the Covid-19 patent rights holder in Indonesia. After conducting a study, it can be concluded that patents can be implemented by the government without the authority from the patent holder in an emergency situation. In the return, a worth compensation must be given to the patent holder. If a dispute arises, it can be resolved through litigation or alternative dispute resolution (ADR), but preferably through ADR at BAM HKI. This is in purpose to empower BAM HKI, as well as to support and promote the enforcement of intellectual property rights in Indonesia. Department of Transnational Business Law, Faculty of Law Universitas Padjadjaran 2021-02-26 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article application/pdf https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/694 10.23920/transbuslj.v2i1.694 Transnational Business Law Journal; Vol. 2 No. 1 (2021): TRANSNATIONAL BUSINESS LAW JOURNAL, Volume 2, Number 1, February 2021 ; 50-67 2747-0210 2722-1105 10.23920/transbuslj.v2i1 eng https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/694/472 Copyright (c) 2021 Muhammad Farhan Akmal -, Muhammad Reza Syariffudin Zaki https://creativecommons.org/licenses/by/4.0

oai:ojs.jurnal.fh.unpad.ac.id:article/749 2023-12-22T02:19:19Z transbuslj:ART driver

SPACE INSURANCE FOR SMALL SATELLITE LAUNCH AND OPERATION IN THE SETTING OF INDONESIAN LAW Pratama, Garry Gumelar Ruswandi, Nadhifathur Rochmah Indonesian Law Launch and Operation Small Satellite Space Insurance The topic of liability under international law falls in the norms of the Outer Space Treaty 1967 and the Liability Convention 1972. The principled division of responsibility for harm incurred by a space object to the launching state(s) is the starting point in this regard. Since the conventions are legally binding for Indonesia, it become the outlining frame for regulating space insurance with national regulations. As small satellite industry and space insurance in Indonesia show a massive potential grow, this article focuses on the analytical explanation of Indonesian space insurance-related regulations covering small satellite operations. Even though international law does not require obligatory space insurance, Indonesian Space Act 2013 regulates mandatory requirement for all space activities conducted by private companies, including small satellites. One of the main issues discussed in this paper is whether the Indonesia regulation open opportunities to space insurance industry in Indonesia to grow. The study was conducted using descriptive-analytical approach, emphasizing on the normative juridical approach by literature studies. Department of Transnational Business Law, Faculty of Law Universitas Padjadjaran 2021-02-26 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article application/pdf https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/749 10.23920/transbuslj.v2i1.749 Transnational Business Law Journal; Vol. 2 No. 1 (2021): TRANSNATIONAL BUSINESS LAW JOURNAL, Volume 2, Number 1, February 2021 ; 68-83 2747-0210 2722-1105 10.23920/transbuslj.v2i1 eng https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/749/473 Copyright (c) 2021 Garry Gumelar Pratama https://creativecommons.org/licenses/by/4.0

oai:ojs.jurnal.fh.unpad.ac.id:article/788 2023-12-23T08:12:50Z transbuslj:ART driver

THE EXHAUSTION OF COOLING-OFF PERIOD: A NON-MANDATORY PRE-CONDITION IN INVESTMENT ARBITRATION Belaputri, Addyana Joshua, Gregory Febria, Jesslyn Marwandy, Muhammad Irsyad Investor-State Dispute Settlement Cooling-Off Period Foreign Direct Investment Admissibility International Investment Treaty Arbitration as an alternative institution to settle commercial disputes has been widely recognized by the business community and state governments. Dispute settlement through arbitration usually derives from the treaty or contract breach which is put under dispute settlement clause. In regard to investor-state dispute settlement, international arbitration plays an important role. However, there are several admissibility requirements that relate to the jurisdiction of the Tribunal, in particular, cooling-off period requirement. This article is placed for the nature and provision of cooling-off period requirement by analyzing several precedent jurisprudences through juridical normative methods. The cooling-off period in Investment Arbitration has been considered as jurisdictional requirement which also integrated with the procedural requirement to submit investment dispute to ISDS arbitration. Department of Transnational Business Law, Faculty of Law Universitas Padjadjaran 2021-08-31 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article application/pdf https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/788 10.23920/transbuslj.v2i2.788 Transnational Business Law Journal; Vol. 2 No. 2 (2021): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 2, Number 2, August 2021; 84-98 2747-0210 2722-1105 10.23920/transbuslj.v2i2 eng https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/788/580 Copyright (c) 2021 Addyana Belaputri, Gregory Joshua, Jesslyn Febria, Muhammad Irsyad Marwandy https://creativecommons.org/licenses/by/4.0

oai:ojs.jurnal.fh.unpad.ac.id:article/792 2023-12-23T08:19:24Z transbuslj:ART driver

THE ONLY CERTAINTY IS UNCERTAINTY: REMOTE HEARING IN INDONESIAN ARBITRATION Akbar, Amrul Amalia, Prita Arbitration Law Indonesian Arbitration Model Implementation of Remote Hearing Remote Hearing in International Arbitration Uncertainty in Remote Hearing Practice The remote hearing practice emerges as an alternative to in-person hearing as the established practice in arbitration. Yet, the practice of remote hearing does not always agreed upon by the parties in certain circumstances. The lack of certain laws governing its application raises a number of issues surrounding its application in arbitration. This paper examines legal theories and principles in domestic procedure law, international arbitration law, and their implementation in practice through comparative cases, utilizing a normative legal and case analysis method. The study employs a descriptive-analytical approach to describe the relevant legal rules, as well as legal theories and their application in the study object. Secondary data was gathered from primary, secondary, and tertiary sources of law for the study. The study's findings indicate that the laws governing remote hearings in Indonesia are uncertain in terms of confidentiality, the need for consent, mandatory preparation, control, and, very crucially, enforcement of the arbitration award. In contrast, it should address the issues generated by its extensive role in arbitration. The Indonesian government can address the aforementioned issue by enacting a particular procedural legislation that contains provisions for remote hearings in arbitration practice. Department of Transnational Business Law, Faculty of Law Universitas Padjadjaran 2021-08-31 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article application/pdf https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/792 10.23920/transbuslj.v2i2.792 Transnational Business Law Journal; Vol. 2 No. 2 (2021): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 2, Number 2, August 2021; 99-115 2747-0210 2722-1105 10.23920/transbuslj.v2i2 eng https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/792/581

oai:ojs.jurnal.fh.unpad.ac.id:article/795 2023-12-23T08:21:52Z transbuslj:ART driver

OUTLOOK OF ARBITRARY MEASURES OF FAIR AND EQUITABLE TREATMENT UNDER HEALTH URGENCY: THE WAIVER OF PHARMACEUTICAL PATENT Musu, Clara Amanda Napitupulu, Dona Regina Qurratu’aini, Marla Satika Foreign Direct Investment Arbitrary Patent Patent has long been recognized as an important subject of investment particularly for Pharmaceutical Companies. In its development, patents have become one of the most prominent tools in international health investment for its economic benefit sourced from its exclusive right. Most of the Multilateral and Bilateral Investment Treaties recognized intellectual property rights as protected investments, which allows patent holders to benefit from the substantive and procedural safeguards granted by the applicable treaty for foreign investments. In the situation of health urgency, many patents rights are being waived by the government to make the innovation more affordable and accessible to citizens. In this situation, tension in the governance of pharmaceutical patents between patent holders and state authorities is an example of a broader recurring dynamic in international law: the tension between foreign investors' private interests and the host state's regulatory autonom. This research paper will discuss whether the patent waiver enacted by the government is considered as an arbitrary action under the Fair and Equitable Treatment standard as it causes harm to the foreign investor by analyzing several precedent jurisprudences through juridical normative methods Department of Transnational Business Law, Faculty of Law Universitas Padjadjaran 2021-08-31 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article application/pdf https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/795 10.23920/transbuslj.v2i1.795 Transnational Business Law Journal; Vol. 2 No. 2 (2021): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 2, Number 2, August 2021; 150-162 2747-0210 2722-1105 10.23920/transbuslj.v2i2 eng https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/795/584 Copyright (c) 2021 Clara Amanda Musu, Dona Regina Napitupulu, Marla Satika Qurratu’aini https://creativecommons.org/licenses/by/4.0

oai:ojs.jurnal.fh.unpad.ac.id:article/1089 2023-12-23T08:23:31Z transbuslj:ART driver

UNFORESEEN DEVELOPMENT AS A DEVICE TO ASSESS SAFEGUARD INVESTIGATION Wardana, Achmad Ferry Kusuma Unforeseen development Safeguard Investigation Trade Policy Measures Trade Remedy Measures under WTO Safeguard Measures Unforeseen Development requirement is indeed essential for the World Trade Organization (WTO) member countries to make safeguard investigations in their own country, this study has analysed the affecting unforeseen development requirement in safeguard investigations. Additionally, this study examined how an unforeseen development affects safeguard investigations in Indonesia. The method of this study is qualitative research, and descriptive research is to analyze the data by using case analyses. The author presents major findings by subject on unforeseen development covers increased imports, the stages of an investigation, and determination of safeguard measures. The results further confirm that this study shows policy implications to elaborate the effect of unforeseen developments for safeguard investigations and after a measure taken. Also, this study shows policy recommendations as added value on this study to improving standard quality. For addition, this study provides a new theory that calls three fresh arguments (Zhou and Fang 2022). The reader would be get the fruitful discussions and recommendations on safeguard basis especially to the unforeseen developments requirements under safeguard investigations. Department of Transnational Business Law, Faculty of Law Universitas Padjadjaran 2021-08-31 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article application/pdf https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/1089 10.23920/transbuslj.v2i2.1089 Transnational Business Law Journal; Vol. 2 No. 2 (2021): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 2, Number 2, August 2021; 116-131 2747-0210 2722-1105 10.23920/transbuslj.v2i2 eng https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/1089/582

oai:ojs.jurnal.fh.unpad.ac.id:article/1105 2024-02-06T06:25:56Z transbuslj:ART driver

MEASURING THE URGENCY FOR THE ESTABLISHMENT OF A NATIONAL GOVERNMENT LEGISLATION INSTITUTION IN THE PURSUIT OF STRUCTURING LAWS AND REGULATIONS IN INDONESIA Santos, Jaka Vijay, Muhammad government national legislation institution laws and regulations urgency The absence of a special agency that centrally and specifically regulates and manages government affairs within the area of establishing laws and regulations, just as the legislative body of the House of Representatives (“DPR”) is the main focus of the author to conduct a research. Through the writing of conceptual critical ideas with a normative juridical approach, it is discovered that there are several opportunities for the establishment of a government national legislative body. First, it is by the adoption of the omnibus law in the establishment of laws and regulations through Law Number 11 of 2020 on Job Creation. Second, the government is not yet has a specific institution that centrally and specifically regulates and manages government affairs within the area of establishing laws and regulations just as the legislative body of DPR. In fact, there is an urgency to establish a national government legislative body. First, as long as the establishment of laws and regulations remained spread throughout the Ministries/Institutions, and the coordination function or harmonization is performed at the Ministry of Law and Human Rights and the State Secretariat/Cabinet Secretariat, the process is not as simple as if it is in one solid institution integrated mastery of design materials whose substance is in across sectors. Second, it is the mandate of Law Number 15 of 2019 on Amendments to Law Number 12 of 2011 on the Establishment of Legislation. Third, it is the post Constitutional Court Decision Number 91/PUU-XVIII/2020 with respect to Law Number 11 of 2020 on Job Creation. In order to revise the Job Creation Law in conformity with the two-year deadline, the government could immediately establish a National Legislative Institution to be in charge of organizing, synchronizing, and tidying up all laws and regulations from the central to the regions levels. Fourth, it is the post decisions of the Constitutional Court Number 137/PUU-XIII/2015 and Number 56/PUU-XIV/2016 as the central government is no longer authorized to revoke Regional Regulations, indicates the importance of building synergy between the central government and regional governments in managing laws and regulations at the provincial level and districts/cities. Department of Transnational Business Law, Faculty of Law Universitas Padjadjaran 2022-02-28 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article application/pdf https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/1105 10.23920/transbuslj.v3i1.1105 Transnational Business Law Journal; Vol. 3 No. 1 (2022): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 3, Number 1, February 2022; 47 - 65 2747-0210 2722-1105 10.23920/transbuslj.v3i1 eng https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/1105/725 Copyright (c) 2022 Muhammad Vijay, Achmad Jaka Santos Adiwijaya https://creativecommons.org/licenses/by/4.0

oai:ojs.jurnal.fh.unpad.ac.id:article/1112 2023-12-23T08:25:23Z transbuslj:ART driver

SETTLEMENT OF APARTMENT ARREARS ON A NON-LITIGATION BASIS BETWEEN MRS. MP AND PT. ELITE ON CONSUMER PROTECTION LAWS Gunawan, Indra consumer protection law non-litigation dispute resolution rights and obligations Consumer protection is a consequence of the force of law in meeting the interests of consumers. This requires a balance between the quality of service so that creditors/banks improve the quality of service in a fair (honest) manner to inform in detail about advertising and other services. to the ever-changing demands of this era of globalization. The legal force in information is a means of consumer protection in an agreement that is mutually binding between rights and obligations. Consumer protection law as the basis for the settlement of peace underhand on the heading "Settlement of Apartment Arrears in Non-litigation Between Mrs. Mut Pen and PT. ELITEE Related to Consumer Protection Act", is the title that the author gives in this Thesis. With the negotiations, the parties to the dispute where the case is a settlement are willing to continue the process of the rights and obligations of the parties to the dispute under mutually beneficial conditions, by waiving or relinquishing part of their rights in reaching an agreement on certain rights based on the principle of reciprocity to the word agree and there is no element of coercion from the other party. Department of Transnational Business Law, Faculty of Law Universitas Padjadjaran 2021-08-31 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article application/pdf https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/1112 10.23920/transbuslj.v2i2.1112 Transnational Business Law Journal; Vol. 2 No. 2 (2021): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 2, Number 2, August 2021; 132-149 2747-0210 2722-1105 10.23920/transbuslj.v2i2 eng https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/1112/583 Copyright (c) 2021 indra gunawan https://creativecommons.org/licenses/by/4.0

oai:ojs.jurnal.fh.unpad.ac.id:article/1217 2024-04-30T12:09:40Z transbuslj:ART driver

INDONESIA'S LAW NO. 4 OF 2023 AND CONSUMER PROTECTION IN DIGITAL FINANCIAL SERVICES: ASEAN LITERACY FRAMEWORK’S PERSPECTIVE Albar, Rafsi Azzam Hibatullah Karo Karo, Rizky Nindyatami, Pawestri asean consumer protection digital financial literacy In January 2023, the Indonesian government passed Law No. 4 of 2023 on the Development and Strengthening of the Financial Sector (P2SK Law). Replacing more than 30 provisions, the law covers lots of topics including digital financial services (DFS) and consumer protection. A big contributing factor to this is the prevalence of the financial technology (FinTech) industry that utilises DFS. Digital financial literacy (DFL) is an important component to consumer protection in DFS since P2SK Law and other legal instruments recognize the importance of the consumer’s own awareness when using DFS. The Alliance for Financial Inclusion (AIF) and ASEAN Working Committee on Financial Inclusion (WC-FINC) issued a policy note in 2020 on DFL in the region. Expected to guide ASEAN member states in formulating their policies through a framework that includes four key actions. This research aims to inspect the direction in which the Indonesian government is heading with regard to its consumer protection in DFS after the enactment of the P2SK Law from ASEAN’s DFL-leaning standpoint. It can be concluded that Indonesia, mainly through Bank Indonesia and the Financial Services Authority (OJK) has been a big advocate of financial literacy, including DFL, as a proponent of consumer protection in recent years. Among other things, P2SK Law further affirms this by connecting stakeholders and embedding DFL at the core of Indonesia’s national strategies. Department of Transnational Business Law, Faculty of Law Universitas Padjadjaran 2022-02-28 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article application/pdf https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/1217 10.23920/transbuslj.v3i1.1217 Transnational Business Law Journal; Vol. 3 No. 1 (2022): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 3, Number 1, February 2022; 66 - 76 2747-0210 2722-1105 10.23920/transbuslj.v3i1 eng https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/1217/745 Copyright (c) 2022 Rizky Karo Karo, Rafsi Azzam Hibatullah Albar, Pawestri Nindyatami https://creativecommons.org/licenses/by/4.0

oai:ojs.jurnal.fh.unpad.ac.id:article/1301 2023-08-20T10:52:42Z transbuslj:ART

oai:ojs.jurnal.fh.unpad.ac.id:article/1366 2024-01-18T03:13:58Z transbuslj:ART driver

INCAPACITY OF A PARTY IN ARBITRATION: GENERAL APPROACHES AND LIMITATIONS OF DEFENSE Elamsius Sinaga , Gregorius Made new york convention incapacity arbitration According to Article V(1)(a) of the New York Convention, the recognition and enforcement of an arbitral award may be refused, if the parties involved, under the ‘law applicable to them’, were under some incapacity when entering into an arbitration agreement. However, this specific provision is considered one of the most uncertain aspects of the Convention as it has caused challenges from its structure and wording which do not explicitly set the concept of capacity nor the governing law and other essential circumstances related to this defense. Furthermore, the absence of standards in this defense makes a significantly different interpretation by courts causing legal uncertainties to all the parties involved in the proceeding. In this paper, the author examines general approaches for determining the governing law on a capacity of a party in arbitration and analyzes limitations on the defense of incapacity in arbitration-friendly jurisdictions. The approach employed is normative juridical, relying on qualitative analysis of secondary data. This paper covered the choice of law method and the substantive law method in determining the law governing capacity of a party in entering an arbitration agreement. In the end, the paper explored various laws that limit the state from invoking incapacity initially established in the Lizardi case in France. Department of Transnational Business Law, Faculty of Law Universitas Padjadjaran 2022-08-31 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article application/pdf https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/1366 10.23920/transbuslj.v3i2.1366 Transnational Business Law Journal; Vol. 3 No. 2 (2022): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 3, Number 2, August 2022; 95 - 110 2747-0210 2722-1105 10.23920/transbuslj.v3i2 eng https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/1366/709 Copyright (c) 2022 Gregorius Sinaga https://creativecommons.org/licenses/by/4.0

oai:ojs.jurnal.fh.unpad.ac.id:article/1368 2024-01-18T02:38:23Z transbuslj:ART driver

IMPLEMENTATION OF THE MERGER CLAUSE BASED ON UNIDROIT PRINCIPLES OF INTERNATIONAL COMMERCIAL CONTRACTS (UNIDROIT Principles) Fernanda Buan, Fara Carisa implementation merger clause unidroit principles In the current era of globalization, there are a significant number of international transactions which require international commercial contracts. The increasing number of international commercial contracts has led to the development of international legal instruments that regulate these contracts and accommodate the needs of the parties involved in international business transactions. One of these instruments is known as the UNIDROIT Principles. A merger provision is typically written into a large number of contracts. This clause is governed by the UNIDROIT Principles, which can be found in one of its provisions. This research paper will analyse the implementation of the merger clause in the UNIDROIT Principles by courts and arbitration. Taking into account the fact that only a few cases have been decided relating to merger clause under UNIDROIT Principles, this research paper will discuss this topic. This paper aims to examine the implementation of merger clauses under UNIDROIT Principles by court and arbitration through the review of related cases. The method used in this study is normative juridical with a descriptive-analytical nature. To date, the judicial and arbitral decisions that are accessible shed light on the meaning of the merger clause and its relation to the interpretation of the contract. Department of Transnational Business Law, Faculty of Law Universitas Padjadjaran 2022-02-28 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article application/pdf https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/1368 10.23920/transbuslj.v3i1.1368 Transnational Business Law Journal; Vol. 3 No. 1 (2022): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 3, Number 1, February 2022; 1 - 15 2747-0210 2722-1105 10.23920/transbuslj.v3i1 eng https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/1368/704 Copyright (c) 2022 Fara Buan https://creativecommons.org/licenses/by/4.0

oai:ojs.jurnal.fh.unpad.ac.id:article/1369 2024-01-18T02:39:59Z transbuslj:ART driver

UNDERSTANDING THE DIFFERENT APPROACHES OF INTERNATIONAL ARBITRATION GRAPPLED WITH CORRUPTION ISSUES Tsabitah, Tsany Ariqah commercial arbitration investment arbitration corruption Corruption has been a challenge in most countries in the world and also internationally. Many cases of international contracts are procured or allegedly procured by corruption. International legal instruments nowadays try to combat this issue and the application further needs to be followed to the international arbitration for dispute resolution. The problem of corruption is more systematic, hard, and needs extra time to be sure. The next problem that has to be discussed in this article is the dispute resolution field in arbitration about the agreement or contracts allegedly procured by corruption. The implication of alleged corruption has broadly changed the arbitration proceeding and its capacity to adjudicate this issue. This article examines judicial-normative explains what approaches have been used and the development of facing the corruption issues in international arbitration and the effects on the proceeding finding the difference between investment to commercial arbitration from case to case. Department of Transnational Business Law, Faculty of Law Universitas Padjadjaran 2022-02-28 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article application/pdf https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/1369 10.23920/transbuslj.v3i1.1369 Transnational Business Law Journal; Vol. 3 No. 1 (2022): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 3, Number 1, February 2022; 16 - 31 2747-0210 2722-1105 10.23920/transbuslj.v3i1 eng https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/1369/695 Copyright (c) 2022 Tsany Tsabitah https://creativecommons.org/licenses/by/4.0

oai:ojs.jurnal.fh.unpad.ac.id:article/1371 2024-01-18T03:09:15Z transbuslj:ART driver

COMPARISON OF PUBLIC POLICY DEFENSES IMPLEMENTATION IN INDONESIA WITH USA AND UK Ewangga, Sandy Octavian public policy pro-enforcement recognition This article tried to compare the implementation of public policy defenses in the United Kingdom (“UK”) and the United States of America (“USA”). Indonesia has been alleged of being unfriendly to foreign arbitral awards, one of the reason is the implementation of public policy defenses that is interpreted broadly and not restrictively. Even though Indonesia has ratified the New York Convention that supports pro-enforcement bias with Presidential Decree No. 34 of 1981, Indonesia is still far away to be considered a pro-enforcement state compared to the UK and the USA. This article discusses how Indonesia interprets the public policy doctrine from the cases that are provided in this article. The method used in this article was a comparative study, describing the implementation of public policy in the UK and USA. This article concluded that the implementation of public policy in Indonesia is too broad and uncertain, the court can refuse the enforcement of the arbitral awards by only relying on violation of Indonesian laws. Different from the implementation in the UK and USA that established the mere violation of state’s law cannot be considered necessarily as the violation of public policy doctrine. This article is also commenting on how Indonesia modified the implementation of public policy by using the main ground reasons why the arbitral awards were refused by the court. Department of Transnational Business Law, Faculty of Law Universitas Padjadjaran 2022-08-31 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article application/pdf https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/1371 10.23920/transbuslj.v3i2.1371 Transnational Business Law Journal; Vol. 3 No. 2 (2022): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 3, Number 2, August 2022; 77 - 94 2747-0210 2722-1105 10.23920/transbuslj.v3i2 eng https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/1371/708 Copyright (c) 2022 Sandy Octavian Ewangga https://creativecommons.org/licenses/by/4.0

oai:ojs.jurnal.fh.unpad.ac.id:article/1376 2024-01-18T03:17:37Z transbuslj:ART driver

UNVEILING A NEW CURTAIN: THE APPLICABILITY OF CISG ON SALES OF DRONES: Gracia, Chelsea sales of drones cisg scope international sales of goods Drones have become an integral part of the aviation industry, encompassing a wide range of sizes and functions. This paper examines the interpretation and application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) to the sale of drones. While drones are not explicitly excluded from the CISG, their absence from its provisions can be attributed to the CISG's formation predating their widespread commercialization. The absence of specific provisions addressing drone sales within the CISG has led to diverse interpretations. However, considering the CISG's objective of establishing a uniform legal framework and promoting good faith in international trade, extending its application to the sale of drones is conceivable. As an internationally recognized legal instrument for the sale of goods, the CISG provides a convenient framework for parties involved in drone transactions. However, the CISG must also consider the intricacy and risks associated with certain goods, which may conflict with other legal regulations or introduce complexities in their legal treatment. Drones exhibit diverse types, functionalities, and operational contexts, and their regulation varies significantly across different countries due to airspace and national sovereignty considerations. Department of Transnational Business Law, Faculty of Law Universitas Padjadjaran 2022-08-31 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article application/pdf https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/1376 10.23920/transbuslj.v3i2.1376 Transnational Business Law Journal; Vol. 3 No. 2 (2022): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 3, Number 2, August 2022; 111 - 125 2747-0210 2722-1105 10.23920/transbuslj.v3i2 eng https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/1376/710 Copyright (c) 2022 Chelsea Bangun https://creativecommons.org/licenses/by/4.0

oai:ojs.jurnal.fh.unpad.ac.id:article/1391 2024-01-18T02:42:13Z transbuslj:ART driver

JUDICAL ANALYSIS OF THE ECONOMIC RIGHTS IN THE LAKE TOBA NATIONAL STRATEGIC TOURISM AREA IN OF FROM PRESIDENTIAL REGULATION NO.81 OF 2014 CONCERNING SPATIAL PLAN FOR THE LAKE TOBA AREA AND LAW NO.11 OF 2005 CONCERNING THE INTERNATIONAL COVENANT ON ECONOMIC,SOCIAL AND CULTURAL RIGHTS Siregar, Kristian tourism lake toba economic rights The ideals of the Indonesian nation as stated in the Preamble of the 1945 Constitution require that the general welfare be realized. To realize these ideals, human rights, in this case economic rights, are one of the indicators used as a basis for implementing a program, decision or regulation. Economic rights are generally described as rights related to the conditions of existence and welfare in terms of owning and utilizing something for their survival. The status of economic rights in the 1945 Constitution and Law No.11 of 2005 places economic rights as rights that must be protected, respected and fulfilled by the state. One of them is in the Tourism sector. Economic Rights play an important role in the creation of a prosperous community life in the area that is the object of Tourism. However, economic rights in reality are often ignored by the government as a consideration in loading policies and regulations, so that in its implementation it creates conflict between the community and the government. The purpose of this research is to find out how the protection and fulfillment of economic rights in the tourism development sector correlates with the level of community welfare Department of Transnational Business Law, Faculty of Law Universitas Padjadjaran 2022-02-28 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article application/pdf https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/1391 10.23920/transbuslj.v3i1.1391 Transnational Business Law Journal; Vol. 3 No. 1 (2022): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 3, Number 1, February 2022; 32 - 46 2747-0210 2722-1105 10.23920/transbuslj.v3i1 eng https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/1391/705 Copyright (c) 2022 Kristian Siregar https://creativecommons.org/licenses/by/4.0

oai:ojs.jurnal.fh.unpad.ac.id:article/1395 2024-01-18T03:21:04Z transbuslj:ART driver

VALUATION OF INTELLECTUAL PROPERTY ON NFT TRANSACTION FOR NFT PLATFORM IN INDONESIAN PERSPECTIVES Novianty Muchtar, Helitha Risang Ayu, Miranda Amirulloh, Muhamad nft intellectual property valuation Recently, NFT enable its owner to sell and buy intellectual properties. The research result shows that an NFT transaction process – such as in the sale and purchase of intellectual property-requires a determined price valuation. The authors consider that it is necessary to determine a clear valuation to predict the exact price of the intellectual property digitally transacted on NFT. The price database on NFT can be used to determine the price by first collecting the NFT and the price database can also calculate the value of the NFT in the future.   Department of Transnational Business Law, Faculty of Law Universitas Padjadjaran 2022-08-31 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article application/pdf https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/1395 10.23920/transbuslj.v3i2.1395 Transnational Business Law Journal; Vol. 3 No. 2 (2022): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 3, Number 2, August 2022; 126 - 141 2747-0210 2722-1105 10.23920/transbuslj.v3i2 eng https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/1395/711 Copyright (c) 2022 Helitha Novianty Muchtar https://creativecommons.org/licenses/by/4.0

oai:ojs.jurnal.fh.unpad.ac.id:article/1399 2023-08-25T11:14:14Z transbuslj:ART

oai:ojs.jurnal.fh.unpad.ac.id:article/1401 2024-01-21T16:40:05Z transbuslj:ART driver

THE URGENCY OF COOLING-OFF PERIOD CLAUSE IN INVESTOR-STATE DISPUTE SETTLEMENT : GOOD FAITH NEGOTIATION Deriandy, Jesslyn Febria With the development of foreign direct investors, international investment treaties also becoming more popular, causing more cases are occurring from said treaties. To deal with disputes, international investment treaties have dispute settlement mechanisms. Investor-State dispute settlement mechanisms in international investment treaties often include cooling-off clauses. In each case, the arbitral tribunal made different decisions regarding the compliance of this clause, provoking much controversy.  Often, the cooling-off period is waived by the claimant since there is no clear motive regarding the urgency. The aim of this article is to determine the urgency of the cooling-off period clauses in bilateral investment treaties as a precondition for arbitration. The method for research used in this study is descriptive analysis. The authors also use primary legal material, such as international arbitration, bilateral investment treaties, and arbitration rules. In addition, the authors use secondary legal sources such as related literature and journals. Based on the findings of this study, the existence of a cooling-off period clause plays a role in enabling parties to discuss their disputes in good faith before submitting them to international arbitration. Department of Transnational Business Law, Faculty of Law Universitas Padjadjaran 2023-02-28 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article application/pdf https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/1401 10.23920/transbuslj.v4i1.1401 Transnational Business Law Journal; Vol. 4 No. 1 (2023): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 4, Number 1, February 2023; 1-15 2747-0210 2722-1105 10.23920/transbuslj.v4i1 eng https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/1401/717 Copyright (c) 2023 Jesslyn Deriandy https://creativecommons.org/licenses/by/4.0

oai:ojs.jurnal.fh.unpad.ac.id:article/1426 2024-01-21T16:45:54Z transbuslj:ART driver

EXTRATERRITORIALITY PRINCIPLE IN INVESTMENT DISPUTE SETTLEMENT UNDER ASEAN ENHANCED DISPUTE SETTLEMENT MECHANISM Syariffudin Zaki, Muhammad Reza Inggil, Kyle Pietra Irawan, David Axel Averine, Benedicta Nasya Dispute Resolution, ASEAN, EDSM, Prinsip Ekstrateritorial Trade and Investment are among the ways that are often used by modern countries today to become one of the main sources of state income. Indonesia as a destination country for trade and investment also has an important role in economic growth both domestically and in the ASEAN region. Indonesia is also one of the initiators of the Free Trade Area (FTA).  In the spirit of realizing ASEAN as a trade and investment friendly zone, ASEAN launched a method called the ASEAN Protocol on Enhanced Dispute Settlement Mechanism (EDSM). This customized mechanism is in accordance with the spirit of ASEAN, namely The ASEAN way. Accordingly, the author took the initiative to conduct research related to the extraterritorial principle of the mechanism of Non-ASEAN countries that are geographically proximate to the ASEAN region. This research is entitled "Extraterritorial Principles of ASEAN PROTOCOL ON ENHANCED DISPUTE SETTLEMENT MECHANISM (EDSM) in the Settlement of Trade and Investment Disputes". In this research, there is a formulation of problems that will be discussed, namely related to the application of the extraterritorial principle of the EDSM mechanism, the enforcement of EDSM rules against Non-ASEAN countries, and its implications for Indonesia. This is conducted, in an effort to make ASEAN an axis of investment destination countries that also have positive and dynamic regulations. Hence In the event of trade and investment disputes, the parties involved would not need to go to ICSID or the WTO, as ASEAN has provided solutions to resolve such disputes. Department of Transnational Business Law, Faculty of Law Universitas Padjadjaran 2023-02-28 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article application/pdf https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/1426 10.23920/transbuslj.v4i1.1426 Transnational Business Law Journal; Vol. 4 No. 1 (2023): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 4, Number 1, February 2023; 16-33 2747-0210 2722-1105 10.23920/transbuslj.v4i1 eng https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/1426/718 Copyright (c) 2023 Muhammad Zaki, Kyle Pietra Inggil, David Axel Irawan, Benedicta Nasya Averine https://creativecommons.org/licenses/by/4.0

oai:ojs.jurnal.fh.unpad.ac.id:article/1427 2025-11-25T03:22:26Z transbuslj:ART driver

FAIR TRADE CERTIFICATION PRACTICES IN THE EXPORT PROCESS OF INDONESIAN COFFEE COMMODITIES TO THE UK MARKET IN TERMS OF THE TECHNICAL BARRIERS TO TRADE (TBT) AGREEMENT Moesviara, Arindra Driya coffee export fair trade certification The application of fair trade certification to enter specialized markets in the United Kingdom affects the coffee trade transactions exported from Indonesia to the United Kingdom. This certification then becomes a challenge and creates unnecessary trade barriers. These barriers are included in technical barriers which in international trade activities are regulated through the Technical Barriers to Trade (TBT) Agreement. Based on the results of this study are first, the application of fair trade certification on Indonesian coffee commodities that want to enter the United Kingdom specialty market is an unnecessary international trade barrier. Second, Indonesia can take legal remedies through the WTO or other efforts such as negotiation, mediation, conciliation, and arbitration for dispute resolution. Department of Transnational Business Law, Faculty of Law Universitas Padjadjaran 2022-08-31 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article application/pdf https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/1427 10.23920/transbuslj.v3i2.1427 Transnational Business Law Journal; Vol. 3 No. 2 (2022): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 3, Number 2, August 2022; 142 - 157 2747-0210 2722-1105 10.23920/transbuslj.v3i2 eng https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/1427/713 Copyright (c) 2023 Arindra Driya Moesviara https://creativecommons.org/licenses/by/4.0

oai:ojs.jurnal.fh.unpad.ac.id:article/1437 2024-01-21T16:45:06Z transbuslj:ART driver

ROYALTY PAYMENTS TO THIRD PARTIES FOR THE PURPOSE OF CUSTOMS VALUATION OF IMPORTED GOODS (STUDY OF TAX COURT DECISIONS ON IMPORT DUTIES DISPUTES) Ardiansyah, Ardiansyah customs value royalties import Royalties and license fees in this case are all payments made in connection with, among other things, patent licenses, trademark rights, and copyrights. Costs incurred by importers on royalties must be added to the customs value by the WTO Customs Valuation Agreement. Concerning royalties the problem becomes more complicated when it involves payments to third parties. Legal regulations that do not sufficiently explore this topic often lead to disputes between importers and the government and continue to the court level. The aim in this study is to analyze how the customs rules for royalty payments to third parties related to imported goods and how the attitude of judges in determining the customs value of royalty payments on intellectual property related to imported goods. In conclusion for customs valuation, royalty payments to third parties are added to the actual or supposed price. It is irrelevant to whom the royalties are paid, what matters is that the buyer is obligated to pay royalties as long as the royalty payments relate to the imported goods in question. Of the two Tax Court Decisions on the Tobacco Blend cut filler import case and the Tax Court Decision on the shoe import case, the court decided to include in the customs value the payment of intellectual property royalties to third parties. Department of Transnational Business Law, Faculty of Law Universitas Padjadjaran 2023-02-28 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article application/pdf https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/1437 10.23920/transbuslj.v4i1.1437 Transnational Business Law Journal; Vol. 4 No. 1 (2023): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 4, Number 1, February 2023; 34-48 2747-0210 2722-1105 10.23920/transbuslj.v4i1 eng https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/1437/719 Copyright (c) 2023 Ardiansyah Ardiansyah https://creativecommons.org/licenses/by/4.0

oai:ojs.jurnal.fh.unpad.ac.id:article/1447 2024-03-05T09:21:25Z transbuslj:ART driver

VAN GOGH IMMERSIVE EXHIBITION: LESSONS & OPPORTUNITIES FOR TRADITIONAL CULTURAL EXPRESSIONS DEVELOPMENT IN INDONESIA Mayana, Ranti Fauza Santika, Tisni Cultural Business Immersive Technology Traditional Cultural Expression Van Gogh's immersive exhibition is held in more than 90 cities around the world including Berlin, Beijing, Paris, London, Madrid, Rome, Sydney, and Jakarta. Until mid-2023, the exhibition has been attended by more than 8.5 million visitors and is an example of intellectual property development. Corresponding to business, IP Development is the capitalization of ideas, creativity, and innovation in producing products or services that contain creative content through systems of human activity related to the creation, production, distribution, and consumption of goods and services that have cultural, artistic, aesthetic, intellectual and emotional values for consumers. This paper employs a descriptive-analytical approach to describe the relevant legal rules and legal theories of copyright and their application in the IP development of artworks for businesses and the opportunities for Indonesia. The finding of the study indicates that immersive technology as a platform for the development of artworks based on Traditional Cultural Expressions (TCEs) potentially creates opportunities for intellectual property legal protection and business development of Indonesia’s TCEs in the frame of Cultural Industries. The commercialization of TCEs using immersive technologies potentially helps in fulfilling two key objectives: capturing new audiences and contributing to economic profit. However, the involvement of legal and non-legal elements as the basis for the implementation conducted in a collaborative framework between state holders and relevant stakeholders is required Department of Transnational Business Law, Faculty of Law Universitas Padjadjaran 2023-08-19 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article application/pdf https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/1447 10.23920/transbuslj.v4i2.1447 Transnational Business Law Journal; Vol. 4 No. 2 (2023): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 4, Number 2, August 2023; 86-102 2747-0210 2722-1105 10.23920/transbuslj.v4i2 eng https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/1447/723 Copyright (c) 2023 Ranti Fauza Mayana, Tisni Santika https://creativecommons.org/licenses/by/4.0

oai:ojs.jurnal.fh.unpad.ac.id:article/1449 2024-01-21T16:44:41Z transbuslj:ART driver

CROSSING BORDER TRANSACTIONS: UNRAVELING THE INFLUENCE OF E-COMMERCE ON THE ADVANCEMENT OF TRANSNATIONAL BUSINESS LAW Napitupulu, Dona Regina transnational business law, e-commerce, trade Transnational transactions conducted through E-Commerce platforms open the gates of growth in the legal and economic spheres. In this regard, legislators should be able to create a transnational body of law as uniform rules and contractual patterns for commercial transactions conducted through e-commerce. Complex international business transaction activities such as investment, licensing, franchising, and so on have not escaped the development of e-commerce and the convenience that comes with it. The research uses a normative juridical approach and a descriptive analytical research method to describe the facts related to the problem being studied. Data collection is done through a literature study, searching for relevant data from various sources of primary and secondary legal materials related to the existing problems. The data is then analyzed qualitatively. Legal certainty in this case is rooted in matters that have been agreed upon by the parties and are mandated to continue to refer to the principles of international business transaction law and relevant international trade conventions or agreements. With the existence of e-contracts, agreements for transnational transactions can have permanent legal force and dispute resolution through litigation and non-litigation channels such as arbitration can be carried out virtually. Department of Transnational Business Law, Faculty of Law Universitas Padjadjaran 2023-02-28 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article application/pdf https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/1449 10.23920/transbuslj.v4i2.1449 Transnational Business Law Journal; Vol. 4 No. 1 (2023): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 4, Number 1, February 2023; 49-65 2747-0210 2722-1105 10.23920/transbuslj.v4i1 eng https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/1449/720 Copyright (c) 2023 Dona Regina Regina https://creativecommons.org/licenses/by/4.0

oai:ojs.jurnal.fh.unpad.ac.id:article/1455 2023-08-20T10:57:35Z transbuslj:ART

oai:ojs.jurnal.fh.unpad.ac.id:article/1468 2024-03-01T05:10:22Z transbuslj:ART driver

USE OF CONCILIATION AS A METHOD FOR INTERNATIONAL INVESTMENT DISPUTE SETTLEMENT IN INTERNATIONAL INVESTMENT AGREEMENT Basalamah, Ienas An International Investment Agreement is an agreement formed between countries which provides a legal umbrella for carrying out foreign investment activities for related parties. One of the problems criticized in international investment agreements is related to settlement methods that tend to use arbitration, which is currently widely criticized in practice. The aim of this research is to assess the effectiveness of conciliation as a method of resolving international investment disputes and the advantages of using conciliation as a method of resolving international investment settlements for Indonesia. This research uses descriptive analytical methods and data analysis is carried out using qualitative juridical methods. From the results of this research, it can be seen that in practice conciliation is still not widely used to complete a settlement. However, seeing the many criticisms of settlements through arbitration, it can be said that there is a push to use other settlement alternatives to complete a settlement. In this case, conciliation can be an option and has many advantages considering the characteristics of fast, efficient and flexible conciliation. Department of Transnational Business Law, Faculty of Law Universitas Padjadjaran 2023-02-28 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article application/pdf https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/1468 10.23920/transbuslj.v4i2.1468 Transnational Business Law Journal; Vol. 4 No. 1 (2023): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 4, Number 1, February 2023; 66-85 2747-0210 2722-1105 10.23920/transbuslj.v4i1 eng https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/1468/721 Copyright (c) 2023 Ienas Basalamah, Prita Amalia https://creativecommons.org/licenses/by/4.0

oai:ojs.jurnal.fh.unpad.ac.id:article/1475 2026-06-04T04:04:23Z transbuslj:ART driver

Authority of the National Court to Intervene in the International Arbitration Process from the Perspective of International Commercial Arbitration Law Parindrastiti, Aninda Sekar court authority court intervention international commercial arbitration UNCITRAL model law As a result of the complexity of international commercial disputes, international arbitration has become the preferred and most effective method for resolving disputes. In 1995, UNCITRAL formulated the Model Law on International Commercial Arbitration (Model Law) which may be utilized by UNCITRAL member states as a consistent and transparent legal foundation to facilitate international arbitration in various jurisdictions. Setting aside the independence from national courts and effectiveness of arbitration, in practice the international arbitration process can be delayed or terminated by the intervention of national courts. Based on these facts, this research is aimed towards figuring out the authority of national courts to intervene in the international arbitration process from the perspective of the UNCITRAL Model Law. This Research utilizes a normative juridical approach and qualitative descriptive data analysis method, namely research on the legal principles within UNCITRAL Model Law in order to give an illustration and explanation on the subject and object of the research. The results of this research are firstly, the UNCITRAL Model Law gives limited authority for national courts in the seat of arbitration to intervene an arbitration process only in specific situations. Secondly, in practice there are two kinds of court intervention which are the ones in compliance with the provisions and limitations within the UNCITRAL Model Law and the ones that are not. The author proposes that there should be a more distinct differentiation between what is called a court intervention and what is merely the court’s function to supervise and accompany arbitral proceedings. Department of Transnational Business Law, Faculty of Law Universitas Padjadjaran 2025-08-30 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article application/pdf https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/1475 10.24198/transbuslj.v6i2.1475 Transnational Business Law Journal; Vol. 6 No. 2 (2025): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 6, Number 2, August 2025; 74-88 2747-0210 2722-1105 10.24198/transbuslj.v6i2 eng https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/1475/1013 Copyright (c) 2025 Aninda Sekar Parindrastiti https://creativecommons.org/licenses/by/4.0

oai:ojs.jurnal.fh.unpad.ac.id:article/1500 2024-08-13T06:58:53Z transbuslj:ART driver

THE EFFECTIVENESS OF THE CENTER FOR PLANT VARIETY PROTECTION AND AGRICULTURAL LICENSING IN PROVIDING LEGAL PROTECTION OF PLANT VARIETIES Effendi, Indah Syalsabilla Nurwati, Nurwati Ilyanawati, R. Yuniar Anisa effectiveness legal protection plant variety ABSTRACTThe development of the agricultural sector is one of the urgencies of the country's development, the large variety of potential natural resources from germplasm produces various types of agricultural products that have been improved in quality. With researchers and modern technology helping plant breeders in producing new superior varieties of plants. Indonesia's participation with the International Convention for the Protection of New Varieties of Plants (UPOV Convention) makes the reason for the need for Indonesia to protect the creation of new varieties of plants by law so that the formation of an institution engaged in the Protection of Plant Varieties which then must be seen its effectiveness. The purpose of this study is to determine and analyze the role of related institutions in providing legal protection for plant varieties. The method in this research is carried out with empirical juridical research methods, namely carried out with a statutory approach as well as conducting interviews at related institutions. The results obtained through this research that there are still obstacles in the protection of plant varieties, namely that there are still many people or farmers who have not been educated so that there are practices of violations committed and although there are many violations, not many cases have been reported because it is considered that there is no definite form of protection for plant breeders when a violation occurs. Of course, all protection provided depends on regulations. So it is suggested that in addition to intensively conducting socialization, the government can reopen related regulations and make adjustments through the renewal of these regulations. Department of Transnational Business Law, Faculty of Law Universitas Padjadjaran 2023-12-15 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article application/pdf https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/1500 10.23920/transbuslj.v4i2.1500 Transnational Business Law Journal; Vol. 4 No. 2 (2023): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 4, Number 2, August 2023 2747-0210 2722-1105 10.23920/transbuslj.v4i2 eng https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/1500/728 Copyright (c) 2023 Indah Syalsabilla Effendi, Nurwati Nurwati, R. Yuniar Anisa Ilyanawati https://creativecommons.org/licenses/by/4.0

oai:ojs.jurnal.fh.unpad.ac.id:article/1509 2024-03-01T05:09:29Z transbuslj:ART driver

APPLICATION OF THE PRINCIPLE OF VOLUNTARINESS IN MARITAL PROPERTY DECISIONS Tri Zulfianti, Sintia Ani Yumarni Suprijatna, Dadang Rumatiga, Hidayat Marital Property, Divorce, Mediation. Marital Property Assests or what is usually called ‘gono-gini; harta bersama’ is property acquired or obtained by a husband and wife together while they are in a marriage bond. The concept of shared prices or what is usually called gono-gini property comes from customs that continue to develop and are supported by positive law or Islamic law in Indonesia. Mediation is a peace institution in the Court which brings benefits to the Judges and the parties, there is good faith of the principals (husband and wife) in the process of resolving divorce cases, it is not uncommon for ego attitudes to be more dominantly put forward by each party. Mediation has a voluntary principle, each conflicting party comes to mediation of their own free will and willingness and there is no coercion or pressure from other parties or outside parties. This principle of voluntarism is built on the basis that people will be willing to work together to find a way out of their disputes, if they come to the negotiation place of their own choice. Department of Transnational Business Law, Faculty of Law Universitas Padjadjaran 2023-12-15 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article application/pdf https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/1509 10.23920/transbuslj.v4i2.1509 Transnational Business Law Journal; Vol. 4 No. 2 (2023): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 4, Number 2, August 2023; 140-152 2747-0210 2722-1105 10.23920/transbuslj.v4i2 eng https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/1509/727 Copyright (c) 2023 Ani Yumarni, Sintia Tri Zulfianti, Dadang Suprijatna, Hidayat Rumatiga https://creativecommons.org/licenses/by/4.0

oai:ojs.jurnal.fh.unpad.ac.id:article/1523 2024-05-01T05:25:42Z transbuslj:ART driver

THE OPTIMIZATION OF BILATERAL INVESTMENT TREATY TO ENCOURAGE THE DEVELOPMENT OF MICRO SMALL AND MEDIUM ENTERPRISES IN INDONESIA AS HOST STATE IN INTERNATIONAL INVESTMENT ACTIVITIES Imanuddin, Sabrina Aqila Bilateral Investment Treaty, International Investment, Micro, Small and Medium Enterprises. International investment can accelerate economic growth and accelerate development in Indonesia. The Bilateral Investment Treaty (BIT) is an international agreement between two countries on provisions for international investment. The BITs are intended to promote the development of micro, small and medium enterprises in the country. Again, Small and medium-sized enterprises (SMEs) in Indonesia need support in promotion and legal protection to develop and become more optimal, as SMEs are the backbone of the Indonesian economy and part of the implementation of the Pancasila economic system. SMEs development provisions can be addressed in international agreement such as BIT or Free Trade Agreements (FTA) to provise a forum for broader sectors that include SMEs. Therefore, to develop SMEs in Indonesia through international investment practices, it is necessary that related parties, i.e., the government to take measures for optimizing the development of SMEs in Indonesia and obtain comprehensive international investment support to strengthen through International Investment Agreements (IIA) and be competitive in the global market through strengthening and broadening the scope of SMEs in IIA. Department of Transnational Business Law, Faculty of Law Universitas Padjadjaran 2023-12-15 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article application/pdf https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/1523 10.23920/transbuslj.v4i2.1523 Transnational Business Law Journal; Vol. 4 No. 2 (2023): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 4, Number 2, August 2023; 123-139 2747-0210 2722-1105 10.23920/transbuslj.v4i2 eng https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/1523/726 Copyright (c) 2023 Sabrina Aqila Imanuddin https://creativecommons.org/licenses/by/4.0

oai:ojs.jurnal.fh.unpad.ac.id:article/1541 2024-03-01T05:09:47Z transbuslj:ART driver

NAVIGATING THE LABYRINTH OF STATE-OWNED ENTERPRISES DISPUTES IN INDONESIA: A QUEST FOR EFFECTIVE RESOLUTION MECHANISMS Kairupan, Maralda H. State-Owned Enterprises (SOEs), Alternative Dispute Resolution (ADR), Mediation, Adjudication, Indonesia. This paper critically assesses the adequacy of mediation as an alternative dispute resolution (ADR) method for resolving disputes between State-Owned Enterprises (SOEs) in Indonesia. It also explores the potential of other ADR methods for more effectively resolving such disputes specifically tailored for SOEs disputes. The paper commences by providing an overview of the mediation concept as an ADR mechanism, exploring its advantages and disadvantages. It then delves into the characteristics of typical SOEs disputes and the audit concerns associated with them. Subsequently, the paper examines international and Indonesian mediation practices, scrutinising their effectiveness and applicability in the context of SOE disputes. It also identifies the potential obstacles to using mediation to resolve SOE disputes, considering the inherent concerns of SOEs in making decisions. Based on these findings, the paper recommends the adoption of adjudication as an alternative ADR mechanism for SOEs disputes, advocating for the establishment of an Adjudication Tribunal tasked with rendering fair, impartial, and efficient decisions. Finally, the paper proposes a regulatory adjustment by identifying the potential risks associated with adjudication and providing mitigation strategies. Department of Transnational Business Law, Faculty of Law Universitas Padjadjaran 2023-08-30 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article application/pdf https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/1541 10.23920/transbuslj.v4i2.1541 Transnational Business Law Journal; Vol. 4 No. 2 (2023): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 4, Number 2, August 2023; 103-122 2747-0210 2722-1105 10.23920/transbuslj.v4i2 eng https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/1541/724 Copyright (c) 2023 Maralda H. Kairupan https://creativecommons.org/licenses/by/4.0

oai:ojs.jurnal.fh.unpad.ac.id:article/1570 2024-08-13T06:58:35Z transbuslj:ART driver

APPLICATION FOR TERMINATION OF EMPLOYMENT BY WORKERS / LABORERS BECAUSE THEY ARE LAID OFF WITHOUT WAGES MORE FROM MOON Hermanto, Joni Rum, Rumainur wages of workers' rights laid off termination of employment Government in November 2020 passed Law Number 11 of 2020 concerning Job Creation, then in February 2021 the Government stipulated implementing regulations from Law Number 11 of 2020, namely Government Regulation Number 35 of 2021 concerning Certain Time Work Agreements, Outsourcing, Working Time, and Rest Time, and Termination of Employment. On March 11, 2020, the world health organization World Health Organization (WHO) declared COVID-19 as a Global Pandemic, and on April 13, 2020, the Government of Indonesia issued a Presidential Decree of the Republic of Indonesia Number 12 of 2020 concerning the Determination of Non-Natural Disasters for the Spread of Corona Virus Disease 2019 (COVID-19) as National Disasters. People infected with the Covid-19 outbreak every day continue to increase, as well as the number of deaths due to the Covid-19 outbreak continues to grow. The Central Government and the Dareah Government issued policies to prevent and overcome the spread of the COVID-19 outbreak, namely by implementing Large-Scale Social Restrictions (PSBB) and the Implementation of Community Activity Restrictions (PPKM). With the existence of PSBB and PPKM by the Government, several sectors, especially the accommodation provision sector, tourism business, food and beverage business, real estate, and construction, have experienced a direct impact as a result of the Covid-19 pandemic and the existence of PSBB and PPKM. The tourism sector, especially hotels, has experienced a decrease in income due to the lack of guests staying, forcing employers to lay off their workers/workers without providing wages to reduce expenses and save company finances. This thesis research analyzes the impact arising from workers/workers being laid off without being given wages and legal considerations on the decision of the Industrial Relations Court at the Central Jakarta District Court with case number: 398 / Pdt. Sus PHI / 2021 / PN. JKT. PST. The purpose of this decision analysis is to find out the Request for Termination of Employment (PHK) by Workers / Workers because they were laid off for more than three months without wages based on Law Number 11 of 2020 concerning Job Creation. Department of Transnational Business Law, Faculty of Law Universitas Padjadjaran 2024-02-29 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article application/pdf https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/1570 10.23920/transbuslj.v5i1.1570 Transnational Business Law Journal; Vol. 5 No. 1 (2024): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 5, Number 1, February 2024; 54 - 67 2747-0210 2722-1105 10.23920/transbuslj.v5i1 eng https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/1570/733 Copyright (c) 2024 Joni Hermanto; Rumainur Rum https://creativecommons.org/licenses/by/4.0

oai:ojs.jurnal.fh.unpad.ac.id:article/1575 2024-08-13T06:58:16Z transbuslj:ART driver

THE ROLE OF TRANSPARENCY STANDARD: EFFECTIVITY IN PROVING THE BREACH OF FAIR AND EQUITABLE TREATMENT Musu, Clara Trisnamansyah , Purnama arbitration fair and equitable treatment investment The existence of agreements in foreign investment does not avoid disputes that occur in foreign investment agreements so there is a dispute resolution mechanism known as investor-state dispute settlement (ISDS). One of the claims often used as the basis for ISDS claims is the Fair and Equitable Treatment (FET) principle. In practice, investors often fail to prove violations due to lacking elements in their proof. The transparency standard is one of the elements that can support investors in proving the violations. In practice, transparency standards are rarely used to prove violations of the FET principle because there are still no clear parameters regarding implementing these standards and what kind of transparency standards can be said to violate the FET principle. The purpose of this study is to determine the role of transparency standards in their position as part of the FET principle and to determine the effectiveness of transparency standards in proving violations of FET in ISDS practices. The research method used in writing this thesis is to take a normative juridical approach by studying and examining secondary data in the form of international arbitration case jurisprudence, bilateral agreements, and international customs. The data is collected through literature studies obtained from primary and secondary data, which are then analyzed qualitatively. Based on the results of this study, it can be concluded that transparency standards have a protective role for investors and host states as an instrument to resolve legal uncertainty about existing decisions and policies and as a basis for analytical considerations to distinguish between legitimate regulatory actions and takeover actions that can indirectly violate the FET principle. Nonetheless, the Tribunal did not explicitly mention the transparency standard, but it was effectively used as a basis for arguments in evidence. Department of Transnational Business Law, Faculty of Law Universitas Padjadjaran 2024-02-29 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article application/pdf https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/1575 10.23920/transbuslj.v5i1.1575 Transnational Business Law Journal; Vol. 5 No. 1 (2024): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 5, Number 1, February 2024; 1-14 2747-0210 2722-1105 10.23920/transbuslj.v5i1 eng https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/1575/736 Copyright (c) 2024 Clara Musu https://creativecommons.org/licenses/by/4.0

oai:ojs.jurnal.fh.unpad.ac.id:article/1608 2024-08-13T06:57:57Z transbuslj:ART driver

REVIEW OF REVERSIONARY RIGHTS IN THE SOLD-FLAT AGREEMENT OF SONG CREATION ASSOCIATED WITH LAW NUMBER 28 OF 2014 ON COPYRIGHT Utama, Atika Nur Rahmah Ayu Palar, Miranda Risang Muchtar, Helitha Novianty Reversionary Rights Copyrights Sold-flat Agreement The copyright reversion provision or known as reversionary right contained in Article 18, 30, and 122 Law of the Republic Indonesia Number 28 of 2014 on Copyright is a legal substance that has been regulated by various countries in the world. This provision is intended to provide justice for creators whose rights are often violated in the implementation of copyright transfer agreements with a sold-flat mechanism. Indonesia Copyright Law is not specifically determined an implementing rules or guidelines to exercise this rights of reversions provisions. In its application, there have been rejections from record producer company such as in the case of Constitutional Court Decision Number 63/PUU-XIX/2021. This article is placed to review the implementation of reversionary rights provisions in Indonesia by analyzing national dan international provisions and court decisions with normative juridical methods and comparative law, as well as analytical and exploratory descriptive approaches. The implementation of reversionary rights provisions in Indonesia will raise challenges of weak legal understanding and disruption of rejection by record producers, which will weaken aspects of the implementation process. The provisions of the stages of the submission notifications process and documentation of reversionary rights in writing applied by the United States and the Netherlands can be something that Indonesia develops in strengthening the implementation process of reversionary rights provisions. To exercise and enforce their reversion rights, songwriters can renegotiate the agreement with the record producer, file for compensation with the commercial court, or also join the Collective Management Organization. Department of Transnational Business Law, Faculty of Law Universitas Padjadjaran 2024-02-29 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article application/pdf https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/1608 10.23920/transbuslj.v5i1.1608 Transnational Business Law Journal; Vol. 5 No. 1 (2024): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 5, Number 1, February 2024; 15 - 35 2747-0210 2722-1105 10.23920/transbuslj.v5i1 eng https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/1608/731 Copyright (c) 2024 Atika Nur Rahmah Utama, Miranda Risang Ayu Palar, Helitha Novianty Muchtar https://creativecommons.org/licenses/by/4.0

oai:ojs.jurnal.fh.unpad.ac.id:article/1609 2024-10-20T07:13:50Z transbuslj:ART driver

MAPPING EFFECTIVE MULTI REGIONAL TREATIES ON BLUE ECONOMY Meliala, Aurora ASEAN Blue Economy Global Maritime Fulcrum Indonesia as an archipelago with more than 17,000 islands, has a unique geographical and great potential as a maritime country. Primarily, Indonesia's efforts to realize sustainable fisheries is by promoting and implementing the ASEAN Blue Economy Framework as one of the country's economic deliverables. Furthermore, among the various measures and policies that have been set by the Indonesian government, measurable fishing is a breakthrough in fostering the marine and fisheries sector and specifically regulating the blue economy. In the context of international trade, Indonesia has also made several efforts including the implementation of measured quotas and sustainable certification. Quotas and certification are two ways to resolve the issue of legality. Even so, illegal fishing is still a major challenge in the framework of sustainability. One of the main goals that Indonesia can set to ensure its involvement and leadership in ASEAN maritime connectivity is the construction of a national sustainable fisheries system, that is specifically related to the implementation strategy of sustainability commitment, that serves as a pioneer/pioneer of similar systems in the regional arena. Department of Transnational Business Law, Faculty of Law Universitas Padjadjaran 2024-02-29 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article application/pdf https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/1609 10.23920/transbuslj.v5i1.1609 Transnational Business Law Journal; Vol. 5 No. 1 (2024): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 5, Number 1, February 2024; 36 - 53 2747-0210 2722-1105 10.23920/transbuslj.v5i1 eng https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/1609/732 Copyright (c) 2024 Aurora Meliala https://creativecommons.org/licenses/by/4.0

oai:ojs.jurnal.fh.unpad.ac.id:article/1643 2024-10-20T07:13:34Z transbuslj:ART driver

THE REFORM OF DISPUTE SETTLEMENT SYSTEM OF THE WORLD TRADE ORGANIZATION: CONTRIBUTION AND PERSPECTIVES FROM INDONESIA Handian Putra, Angga WTO Dispute Settlement System Crisis Contribution of Indonesia The WTO dispute settlement system is currently in crisis as the Appellate Body has been unable to perform its appellate review since December 11th, 2019. The US asserted that the AB has exceeded its authority. The crisis can be detrimental, especially for developing countries in international trade. The WTO Members have made efforts to reform the system. This paper uses qualitative and descriptive research to analyse the contribution of Indonesia to the system and its perspectives on the reform negotiations. Indonesia has contributed to the system and the Organization by clarifying interpretations of WTO agreements. In the reform negotiations, Indonesia has actively participated by joining a proposal to commence the selection of new AB members, supporting the result of “Walker Process” negotiations as a basis for future negotiation, and making some proposals such as formal communication to the WTO on a process in an informal process to implement the mandate of MC12 Outcome Document. As a negotiation strategy, Indonesia should continue its active participation by prioritizing accessible aspects that are interests of developing and LDC members, emphasizing the need to limit negotiation scope and urging the fulfilment of the 2024 deadline, safeguarding a legalistic system, and conducting a comprehensive analysis on two-tier litigation. Department of Transnational Business Law, Faculty of Law Universitas Padjadjaran 2024-02-29 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article application/pdf https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/1643 10.23920/transbuslj.v5i1.1643 Transnational Business Law Journal; Vol. 5 No. 1 (2024): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 5, Number 1, February 2024; 68 - 94 2747-0210 2722-1105 10.23920/transbuslj.v5i1 eng https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/1643/734 Copyright (c) 2024 Angga Handian https://creativecommons.org/licenses/by/4.0

oai:ojs.jurnal.fh.unpad.ac.id:article/1667 2026-06-04T04:29:51Z transbuslj:ART driver

Impact of Canceling Development and Moving the Nusantara Capital City Through Legislative Instruments Utama, Vikri Pranata Alif Adiwijaya, Achmad Jaka Santos Suryani, Danu cancellation legislation national capital of the nusantara The plan to develop the capital of the archipelago as a new capital has generated a lot of debate, especially debates regarding environmental, social and economic issues. This plan is part of achieving the Golden Indonesia Vision 2045 through economic transformation so that development is achieved evenly throughout Indonesia and is no longer only centered on western Indonesia. The IKN development project has been politicized, especially for the purposes of the 2024 Presidential Election. The assumption that the IKN project has failed has given rise to the assumption that the next Indonesian president can easily cancel the project. The aim of this research is to carry out a juridical analysis of whether the transfer of the Indonesian capital can be cancelled through statutory instruments and what the impact of this cancellation will be. Based on the findings in this research, it can be concluded that cancelling IKN development is almost impossible to carry out, and this cancellation will result in large losses for Indonesia because it will stall and the perception will emerge that Indonesia has quite high investment risks. The research method used is normative legal research. This research is included in qualitative analytical research. Department of Transnational Business Law, Faculty of Law Universitas Padjadjaran 2025-08-30 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article application/pdf https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/1667 10.24198/transbuslj.v6i2.1667 Transnational Business Law Journal; Vol. 6 No. 2 (2025): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 6, Number 2, August 2025; 89-96 2747-0210 2722-1105 10.24198/transbuslj.v6i2 eng https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/1667/1014

oai:ojs.jurnal.fh.unpad.ac.id:article/1869 2026-05-01T02:21:28Z transbuslj:ART driver

THE IMPORTANCE OF ARBITRATION AGREEMENT IN WRITING: INTERNATIONAL, INDONESIA, AND NEW ZEALAND Thalita, Feren Arbitration Agreement in Writing Indonesia International Importance New Zealand International commercial arbitration has been one of the popular means to solve a dispute, including in Indonesia and New Zealand. In the event the cross-border commercial parties intend to utilize arbitration to solve its present or future dispute, the regarding parties need to provide the basis for international commercial arbitration: arbitration agreement. One of the matters that the parties need to pay attention in regards to the arbitration agreement is formal validity. Formal validity is ruled through Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958; UNCITRAL Model Law on International Commercial Arbitration; as well as the majority of national arbitration laws. However, different instruments serve different definitions on “arbitration agreement in writing” as the valid form. There is still a conflicting stance on what is internationally agreed as the valid form of arbitration agreement. Consequently, the issue arises from how important it is for the parties to own arbitration agreement in writing based on the perspectives on international arbitration law, Indonesia, as well as New Zealand. This writing utilizes the comparative juridical research between international instruments (Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 and UNCITRAL Model Law on International Commercial Arbitration) as well as the national arbitration law of Indonesia and New Zealand. As a result, the writer has concluded that according to international arbitration law as well as the national arbitration law of Indonesia and New Zealand, the arbitration agreement in writing, as a valid form, is important and highly valued. Department of Transnational Business Law, Faculty of Law Universitas Padjadjaran 2024-08-30 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article application/pdf https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/1869 10.24198/transbuslj.v5i2.1869 Transnational Business Law Journal; Vol. 5 No. 2 (2024): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 5, Number 2, August 2024 2747-0210 2722-1105 10.23920/transbuslj.v5i2 eng https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/1869/870 Copyright (c) 2024 Feren Thalita https://creativecommons.org/licenses/by/4.0

oai:ojs.jurnal.fh.unpad.ac.id:article/1873 2026-05-01T02:21:54Z transbuslj:ART driver

JURIDICAL REVIEW OF THE PRINCIPLE OF JUSTICE IN THE PROTECTION OF COPYRIGHT OWNERSHIP FOR WORKS CREATED IN COURSE OF PUBLIC SERVICE RELATIONS ACCORDING TO LAW NUMBER 28 OF 2014 ON COPYRIGHT DAN ITS COMPARISON WITH COPYRIGHT REGULATIONS IN FRANCE AND GERMA Abdulghani, Muhammad Hilman Mayana, Ranti Fauza Muchtar, Helitha Novianty Copyright, Ownership, Public Service Relations The regulation of copyright ownership of works created in Public Service Relations, as stated in Article 35 of the Copyright Law, indicates an injustice in the protection of copyright ownership for creators. This research aims to examine the implementation of the principle of justice in copyright ownership of works created in Public Service Relations and to compare this with the regulations in Germany and France. This study employs a comparative normative juridical approach with a descriptive-analytical research specification. Data collection is conducted through literature studies. The method of analysis used is descriptive-analytical. The results show that the regulation in Article 35 of the Copyright Law lacks elements of justice for creators in Public Service Relations. This is due to the difference in recognition given to creators of works made in Public Service Relations compared to works made in employment relationships. Compared to the regulations in Germany and France, the regulation of copyright ownership for "works made for hire" in Indonesia does not yet provide adequate protection for creators. Department of Transnational Business Law, Faculty of Law Universitas Padjadjaran 2024-08-30 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article application/pdf https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/1873 10.24198/transbuslj.v5i2.1873 Transnational Business Law Journal; Vol. 5 No. 2 (2024): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 5, Number 2, August 2024 2747-0210 2722-1105 10.23920/transbuslj.v5i2 eng https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/1873/867 Copyright (c) 2024 Muhammad Hilman Abdulghani, Ranti Fauza Mayana, Helitha Novianty Muchtar https://creativecommons.org/licenses/by/4.0

oai:ojs.jurnal.fh.unpad.ac.id:article/1876 2026-05-01T02:21:51Z transbuslj:ART driver

LOCAL CONTENT REGULATIONS IN INFRASTRUCTURE DEVELOPMENT AND THE NATIONAL TREATMENT PRINCIPLE Suhendra, Hartono Amalia, Prita Investment Local Content Requirements non-discrimination principles The local content requirement is a policy aimed at promoting domestic industries and reducing dependence on imported products. However, its application, particularly in the procurement of goods for solar power plants, raises concerns about potential violations of the national treatment principle found in international agreements such as GATT 1994 and the Agreement on TRIMs. This study seeks to explore the implementation of local content requirements in infrastructure project procurement in relation to the national treatment principle and the government's efforts to enforce these regulations. The research employs a normative juridical approach, drawing on literature sources and analyzing the issue based on legal principles. The study is descriptive-analytical in nature, utilizing secondary data gathered from primary, secondary, and tertiary legal materials through literature review and analyzed using qualitative juridical methods. The findings indicate that the application of local content requirements in the procurement of infrastructure projects for solar power plants in Indonesia is not fully aligned with the national treatment principle. The government has made efforts to enforce local content requirements without breaching international law by implementing incentives and providing exceptions for imported goods under certain conditions. Department of Transnational Business Law, Faculty of Law Universitas Padjadjaran 2024-08-30 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article application/pdf https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/1876 10.24198/transbuslj.v5i2.1876 Transnational Business Law Journal; Vol. 5 No. 2 (2024): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 5, Number 2, August 2024 2747-0210 2722-1105 10.23920/transbuslj.v5i2 eng https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/1876/868 Copyright (c) 2024 Hartono Suhendra, Prita Amalia https://creativecommons.org/licenses/by/4.0

oai:ojs.jurnal.fh.unpad.ac.id:article/1882 2026-05-01T02:21:50Z transbuslj:ART driver

ANALYZING THE PRACTICE OF MATERIAL ADVERSE CHANGE: A POST PANDEMIC MERGER AND ACQUISITIONS CONTRACT NON-PERFORMANCE CLAUSE FROM THE PERSPECTIVE OF UNIDROIT PRINCIPLES OF INTERNATIONAL COMMERCIAL CONTRACT Divanadia, Dessandra Rosadi, Sinta Dewi Trisnamansyah, Purnama Material Adverse Change, Mergers and Acquisitions Contract, Pandemic, UNIDROIT International Contract Principles The uncertain conformity between the characteristics of the condition attributable to the inability of mergers and acquisition contract performance due to COVID-19 and the characteristics of force majeure and hardship leads to the use of material adverse change (MAC) as an alternative clause for contract non-performance as a perennial consequence of COVID-19 pandemic in the post pandemic era. This study aims to analyze the implications of COVID-19 pandemic with the use of MAC according to the laws of the nations and the adherence of MAC as a clause with UNIDROIT’s six general principles of international contract during and post pandemic as issued in UNIDROIT Principles of International Commercial Contract. The method of writing used was normative juridical approach with descriptive analytical research specifications. The writing process taken in drafting this study was through a process of literature review from primary, secondary, and tertiary sources. Data analysis method used in this study was through qualitative juridical normative method. The outcome of the analysis shows that the use of MAC as an alternative clause for contract non-performance differs between one national law to another; one of the outstanding characteristics is that the basis of the use of MAC depends on the agreed definition and the burden of proof of MAC set forth in the contract. The use of MAC as an alternative clause for contract non-performance in mergers and acquisitions is compliant with UNIDROIT’s principles of international contract, with considerations of the limitations and exceptions of the international contract principles. Department of Transnational Business Law, Faculty of Law Universitas Padjadjaran 2024-08-30 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article application/pdf https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/1882 10.24198/transbuslj.v5i2.1882 Transnational Business Law Journal; Vol. 5 No. 2 (2024): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 5, Number 2, August 2024 2747-0210 2722-1105 10.23920/transbuslj.v5i2 eng https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/1882/869 Copyright (c) 2024 Dessandra Divanadia, Sinta Dewi Rosadi, Purnama Trisnamansyah https://creativecommons.org/licenses/by/4.0

oai:ojs.jurnal.fh.unpad.ac.id:article/2152 2026-05-01T02:21:57Z transbuslj:ART driver

LEGAL PERSONALITY OF BRICS AND IMPLICATION TOWARD INDONESIA'S FOREIGN TRADE POLICY AFTER JOINING AS NEW MEMBER Maulana, Mursal Tonggo, Christianto Darodjat, Rafan BRICS Indonesia foreign trade policy This article is the authors’ response to Indonesia's joining the BRICS alliance. BRICS is an acronym for its founding countries: the Federative Republic of Brazil, the Russian Federation, the Republic of India, the People's Republic of China, and the Republic of South Africa. The main objectives of BRICS are to increase economic growth, enhance cooperation among its members, and reform the international financial and political systems representing the interests of developing countries. This article investigates the impact of Indonesia's participation in BRICS, particularly on Indonesia's foreign trade policy, by asking two questions. First, what is the legal personality of BRICS regarding international trade relations? Second, can BRICS help Indonesia achieve its international trade policy? It is unclear which specific role BRICS will play concerning international trade relations among its members and how they will cooperate with others if there is no definitive legal commitment among themselves. This article finds that BRICS has no international legal personality as a legal entity and is not an international organization as well as a trading bloc as regulated in Article XXIV of GATT, Enabling Clause, Article V GATS, and General System of Preferences; it is just merely a political Global South networking alliance. It is challenging for BRICS member countries to achieve their objectives if no commitment is made in the form of hard law instruments such as international agreements regulating trade relations. It is time for Indonesia to rethink how to maximize its potential in international Trade by utilizing its participation in PTA with its trading partner. Department of Transnational Business Law, Faculty of Law Universitas Padjadjaran 2024-08-30 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article application/pdf https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/2152 10.24198/transbuslj.v5i2.2152 Transnational Business Law Journal; Vol. 5 No. 2 (2024): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 5, Number 2, August 2024 2747-0210 2722-1105 10.23920/transbuslj.v5i2 eng https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/2152/871 Copyright (c) 2024 Mursal Maulana, Christianto Tonggo, Rafan Darodjat https://creativecommons.org/licenses/by/4.0

oai:ojs.jurnal.fh.unpad.ac.id:article/2164 2026-06-04T03:30:19Z transbuslj:ART driver

Urgency of Implementing Fixing Reward Mechanism in Indonesian Salvage Law Ardyawan, Antonio Bryan Trisnamansyah, Purnama Maulana, Mursal fixing reward open form salvage contract Salvage is one of the important elements of shipping, it is necessary to assist vessels which are facing danger during its voyage. Salvage nowadays is considered as one of the customary international laws which has been consolidated and formulated over the decades. The International Convention on Salvage 1989 (“Salvage Convention”) is the prevailing convention which contains such salvage regulations that has been recognized by its parties. Fixing reward is one of the provisions of the Salvage Convention, concerning fixing the salvage reward by taking into account the criteria that have been set. However, Indonesia currently has not adopted the fixing reward on its salvage law. The purpose of this article is to determine the urgency of implementing the fixing reward mechanism in Indonesia by raising two research questions, what is the implication of the absence of fixing reward mechanism in Indonesian salvage law, and the urgency of Indonesia to implement fixing reward within its salvage law. Normative juridical is the method of this article, which conducts such relevant studies towards primary and secondary data. As far as the research conducted, the fixing reward plays a pivotal role in determining the appropriate value reward and the apportionment of a reward for salvage service that have been rendered by the salvor. The salvage service occurred under contractual relationship, yet the public regulations and policies serve as guidance for the contractual itself, for instance, the open forms as implemented by several states. The fixing rewards establish a legal certainty for the parties involved in the respect to the salvage awards and apportionment between the parties. Department of Transnational Business Law, Faculty of Law Universitas Padjadjaran 2025-02-28 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article application/pdf https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/2164 10.24198/transbuslj.v6i1.2164 Transnational Business Law Journal; Vol. 6 No. 1 (2025): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 6, Number 1, February 2025; 40-54 2747-0210 2722-1105 10.23920/transbuslj.v6i1 eng https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/2164/1011 Copyright (c) 2025 Antonio Bryan Ardyawan, Purnama Trisnamansyah https://creativecommons.org/licenses/by/4.0

oai:ojs.jurnal.fh.unpad.ac.id:article/2170 2026-06-04T05:06:24Z transbuslj:ART driver

Review of Islamic Inheritance Law in the Practice of Determining Inheritance Rights in an Underhanded Marriage in Cibulao Village Cahaya, Krisia Wira Yumarni, Ani Rumatiga, Hidayat inheritance itsbat marriage The position of widows and/or widowers in Islamic inheritance law is influenced by several factors, including the marital status of the husband and wife. Initially the position of widows and/or widowers did not inherit property in marriage, especially when the marriage was an underhand marriage, but in its development widows and/or widowers could inherit due to the times and customary law in the community itself. In an underhand marriage, there are still many legal obstacles to granting widows and/or widowers the right to inherit. The position of widows and/or widowers as heirs among their peers is due to the factor of marital relations, the existence of husband and wife relationships over marital ties. The legal consequences arising from the marital relationship give rise to a reciprocal position between husband and wife in inheritance, namely husband and wife inherit each other's property. Based on the customary inheritance system itself, both in terms of the division of inheritance with the kinship system and with the distribution model, all of them have heirs for the distribution of property from the spouse who has been left behind. For couples who have been left behind, in this case those who have the status of widows and/or widowers, only a few regions allow widows and/or widowers to have inheritance rights to the property of a deceased husband or wife. Department of Transnational Business Law, Faculty of Law Universitas Padjadjaran 2025-08-30 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article application/pdf https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/2170 10.24198/transbuslj.v6i2.2170 Transnational Business Law Journal; Vol. 6 No. 2 (2025): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 6, Number 2, August 2025; 97-100 2747-0210 2722-1105 10.24198/transbuslj.v6i2 eng https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/2170/1015 Copyright (c) 2025 Krisia Wira Cahaya, Ani Yumarni, Hidayat Rumatiga https://creativecommons.org/licenses/by/4.0

oai:ojs.jurnal.fh.unpad.ac.id:article/2236 2026-06-04T03:30:19Z transbuslj:ART driver

Liability of Single-Member Limited Liability Company on Its Sole Ownership Structure Darodjat, Rafan Suwandono, Agus company founder limited liability onrechtmatige daad piercing the corporate veil The Single-Member Limited Liability Company (PT Perorangan) represents an innovation for individuals who wish to operate a legally incorporated business professionally. The consequence of having a legal entity is that it can act as a legal subject to perform legal acts with the separation of assets from the owner’s personal wealth. Problems may arise due to sole ownership of shares and the absence of a supervisory board; operationally, the owner may serve as director or appoint an employee to hold that position. This study aims to formulate and provide answers regarding the Principle of Limited Liability in PT Perorangan. The research employs a normative juridical method, analyzing based on legal principles and statutory regulations as guidelines for problem-solving. The results indicate that PT Perorangan can be an option for medium-scale entrepreneurs to start their business under a professional legal entity form. The founder’s liability is limited only to the capital invested; however, in cases of unlawful acts, Piercing the Corporate Veil applies. Founders are personally liable with their assets to fulfill obligations or compensate losses. Department of Transnational Business Law, Faculty of Law Universitas Padjadjaran 2025-02-28 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article application/pdf https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/2236 10.24198/transbuslj.v6i1.2236 Transnational Business Law Journal; Vol. 6 No. 1 (2025): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 6, Number 1, February 2025; 1-10 2747-0210 2722-1105 10.23920/transbuslj.v6i1 eng https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/2236/1005 Copyright (c) 2025 Rafan Darodjat, Agus Suwandono https://creativecommons.org/licenses/by/4.0

oai:ojs.jurnal.fh.unpad.ac.id:article/2237 2026-06-04T05:44:24Z transbuslj:ART driver

Preserving the Past, Protecting the Future: A Legal Insight into Traditional Knowledge and Intellectual Property Rights Maroorh, Priyanka intellectual property rights (IPR) traditional knowledge protection TRIPS agreement impact WTO and innovation Intellectual property rights (IPR) have become a huge global issue, especially since the creation of the WTO and the TRIPS Agreement. These international frameworks have reshaped how we view innovation, trade, and the protection of cultural heritage. But for countries like India, with its rich history of traditional knowledge in areas like Ayurveda, agriculture, metallurgy, and folklore, the modern IPR system often misses or fails to safeguard this invaluable wisdom passed down through generations. This paper looks at the tension between global IPR standards and the need to protect India’s traditional knowledge, which has always existed outside these modern legal frameworks. It traces the development of international IPR systems starting from GATT, moving into the WTO, and later the TRIPS Agreement and examines how they’ve affected the treatment of traditional knowledge and indigenous practices. By looking at well-known cases like turmeric, basmati rice, and medicinal plants from the Amazon, the paper dives into the issue of biopiracy and how traditional IPR struggles to protect collective knowledge. The paper also explores India’s initiatives, such as the Traditional Knowledge Digital Library (TKDL) and various benefit-sharing models, while highlighting the challenges of jurisdiction in today’s digital and interconnected world. In the end, it argues that we need legal frameworks that understand cultural contexts, solid digital archives, international collaboration, and fair benefit-sharing practices if we’re really going to protect and preserve traditional knowledge in this fast-evolving, tech-driven global landscape. Department of Transnational Business Law, Faculty of Law Universitas Padjadjaran 2025-08-30 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article application/pdf https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/2237 10.24198/transbuslj.v6i2.2237 Transnational Business Law Journal; Vol. 6 No. 2 (2025): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 6, Number 2, August 2025; 101-117 2747-0210 2722-1105 10.24198/transbuslj.v6i2 eng https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/2237/1016 Copyright (c) 2025 Priyanka Maroorh https://creativecommons.org/licenses/by/4.0

oai:ojs.jurnal.fh.unpad.ac.id:article/2239 2026-06-04T10:22:18Z transbuslj:ART driver

Juridical Review of the role of Nazhir and LKS-PWU in Cash Waqf Linked Sukuk According to Law concerning Waqf Syakirah, Salwa Naya Lita, Helza Nova Harrieti, Nun aqd general nazhir special nazhir cash waqf linked sukuk The rapid development of technology and economy has spread into waqf sector, by giving convenience to conduct cash waqf transactions. Cash waqf sector in Indonesia has developed and linked into securities sectors. This instrument is called Cash Waqf Linked Sukuk (CWLS). CWLS involves wakif, Nazhir, LKS-PWU, Badan Wakaf Indonesia, Ministry of Religion, Ministry of Finance, and Mauquf Alaih. The peoples involved are larger than conventional cash waqf, specially by dividing General and Special Nazhir. Either general or special Nazhir are having cooperation with LKS-PWU, according to BWI Regulations number 1/2020. This research will analyze the type of contract on General and Special Nazhir cooperation with LKS-PWU. This research employs normative legal research methods. Normative legal research methods is used to examine the regulations. This research also provides practice regarding the relation between CWLS Nazhir and LKS-PWU. To examine the regulations and practice, this research used Waqf act, implementing regulations, CWLS regulations, and BWI regulations. Besides regulations, this thesis also conducts primary data by interviewing general and special Nazhir regarding the between CWLS Nazhir and LKS-PWU. Department of Transnational Business Law, Faculty of Law Universitas Padjadjaran 2026-02-28 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article application/pdf https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/2239 10.24198/transbuslj.v7i1.2239 Transnational Business Law Journal; Vol. 7 No. 1 (2026): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 7, Number 1, February 2026; 27-40 2747-0210 2722-1105 10.24198/transbuslj.v7i1 eng https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/2239/1019 Copyright (c) 2025 Salwa Syakirah, Helza Lita, Nun Harrieti https://creativecommons.org/licenses/by/4.0

oai:ojs.jurnal.fh.unpad.ac.id:article/2258 2026-06-04T03:30:19Z transbuslj:ART driver

Arbitral Tribunals and the Reach of Their Jurisdiction: Authority, Constraints, and Judicial Oversights in India Banerjee, Partho Kaur, Dr. Gagandeep Juraev, Davron Aslonqulovich Yue, Gabriel Xiao Guang arbitration competence-competence principle enforcement of awards jurisdiction party autonomy The jurisdiction of arbitral tribunals is a critical component of arbitration law. Governed by the Arbitration and Conciliation Act, 1996 in India, this jurisdiction establishes the boundaries within which arbitral bodies operate, balancing party autonomy with essential legal safeguards. One of the fundamental principles of arbitration is party autonomy, allowing the parties involved to define the scope of arbitration, including the choice of law, the seat of arbitration, and the issues to be resolved. The competence-competence principle further empowers arbitral tribunals by granting them the authority to determine their own jurisdiction, thereby enabling them to decide whether a valid arbitration agreement exists and whether the dispute at hand falls within their jurisdiction. This minimises court intervention, fostering a more efficient arbitration process. Nevertheless, certain limitations are imposed on arbitral jurisdiction, as tribunals cannot arbitrate matters that are explicitly excluded by law, such as specific family law issues or other non-arbitrable disputes. Challenges to the jurisdiction of arbitral tribunals can arise and must be raised promptly, adhering to the procedures outlined in the Arbitration and Conciliation Act. Courts retain the authority to intervene in such challenges to assess the validity of arbitration agreements. Moreover, the jurisdiction of arbitral tribunals extends to the enforcement of arbitral awards, which is primarily managed by courts where the assets of the losing party are located. The legal framework promotes minimal judicial oversight, allowing intervention only in cases of procedural irregularities, violations of public policy, or issues of jurisdiction. Department of Transnational Business Law, Faculty of Law Universitas Padjadjaran 2025-02-28 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article application/pdf https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/2258 10.24198/transbuslj.v6i1.2258 Transnational Business Law Journal; Vol. 6 No. 1 (2025): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 6, Number 1, February 2025; 26-39 2747-0210 2722-1105 10.23920/transbuslj.v6i1 eng https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/2258/1010 Copyright (c) 2025 Partho Banerjee, Dr. Gagandeep Kaur , Davron Aslonqulovich Juraev , Yue, Gabriel Xiao Guang. https://creativecommons.org/licenses/by/4.0

oai:ojs.jurnal.fh.unpad.ac.id:article/2279 2026-06-04T03:32:00Z transbuslj:ART driver

Legal Compliance of MSMEs with International Product Standards for Consumer Protection in Cross-Border Trade Yuanitasari, Deviana Suwandono, Agus consumer protection cross-border trade international product standards legal compliance MSMEs The growth of cross-border trade has opened international market access for Indonesian micro, small, and medium enterprises (MSMEs). However, entering the global market requires compliance with international product standards that function not only as trade technicalities but also as instruments of consumer protection. This article explores how Indonesian MSMEs, especially in the cosmetics sector, respond to the legal obligations imposed by the European Union and the United States regarding labeling, certification (e.g., halal, safety), and toxicology testing. Using a normative-juridical method and a comparative approach, this paper examines how international product standards reflect consumer protection norms and evaluates the extent to which Indonesian MSMEs are legally prepared to comply. Failure to meet these standards may lead to sanctions such as product bans, recalls, or even legal suits. This study argues for a stronger regulatory framework and legal assistance to support MSMEs’ internationalization while ensuring global consumer safety. Department of Transnational Business Law, Faculty of Law Universitas Padjadjaran 2025-02-28 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article application/pdf https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/2279 10.24198/transbuslj.v6i1.2279 Transnational Business Law Journal; Vol. 6 No. 1 (2025): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 6, Number 1, February 2025; 55-73 2747-0210 2722-1105 10.23920/transbuslj.v6i1 eng https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/2279/1012 Copyright (c) 2025 Deviana yuanitasari -, Agus Suwandono https://creativecommons.org/licenses/by/4.0

oai:ojs.jurnal.fh.unpad.ac.id:article/2362 2026-06-04T03:30:19Z transbuslj:ART driver

The U.S Tariff Measures 2025 and the Consistency Under the WTO Legal Frameworks: The Future of Multilateral Trade? Simbolon, Markus Andre Mefiboset multilateral trade the world trade organization U.S tariff measures 2025 On 2 April 2025, the United States implemented an additional tariff measure on all products exported to its market, sparking significant contention among World Trade Organization (WTO) members. Introduced through a State Declaration of National Emergency and Executive Order 14257, the measure established a Reciprocal Tariff system, purportedly aimed at rebalancing the United States’ position within the multilateral trading system under the justification of national security. Nevertheless, serious concerns have arisen regarding the measure’s consistency with established international trade obligations. This article employs a normative juridical research method to examine its conformity with WTO law, with particular reference to the General Agreement on Tariffs and Trade (GATT) 1994. The analysis finds that the Reciprocal Tariff Measure breaches several GATT provisions covering the most favored nations principle, bound tariff commitment, and potentially the enabling clause under GATT. Further, the reliance on the national security exception under Article XXI does not meet the requisite legal thresholds. If upheld, such measures may undermine the integrity of the multilateral trading system and disrupt global trade governance. Department of Transnational Business Law, Faculty of Law Universitas Padjadjaran 2025-02-28 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article application/pdf https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/2362 10.24198/transbuslj.v6i1.2362 Transnational Business Law Journal; Vol. 6 No. 1 (2025): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 6, Number 1, February 2025; 11-25 2747-0210 2722-1105 10.23920/transbuslj.v6i1 eng https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/2362/1008 Copyright (c) 2026 Markus Andre Mefiboset Simbolon https://creativecommons.org/licenses/by/4.0

oai:ojs.jurnal.fh.unpad.ac.id:article/2469 2026-06-04T10:22:33Z transbuslj:ART driver

International Perspective on The Importance of Aircraft Hull Insurance Rahman, Rafika Rizky Aulia aircraft aviation hull insurance Aircraft insurance plays a central role in the sustainability of international civil aviation, providing financial security for operators, creditors, and passengers alike. While liability insurance is extensively regulated through international instruments such as the Warsaw Convention 1929, the Montreal Convention 1999, the Rome Convention 1952, and regional regulations like EU Regulation 785/2004, hull insurance or the coverage protecting the aircraft itself as an asset remains entirely within the realm of private contractual practice. This article critically examines the legal framework of aviation insurance, distinguishing the treatment of liability insurance from hull insurance, and highlights the absence of binding international standards on the latter. It argues that this regulatory void produces legal uncertainty, unequal protection across jurisdictions, and systemic risks to the global aviation and financial sectors. By employing a comparative legal analysis, the article proposes the development of a new international framework under the auspices of ICAO and UNIDROIT, which should establish minimum standards for hull insurance, include coverage for extraordinary risks, and create a dedicated mechanism for cross-border dispute resolution. Integrating such provisions into the Cape Town Convention regime would ensure greater legal certainty, harmonization, and protection for all stakeholders in international aviation Department of Transnational Business Law, Faculty of Law Universitas Padjadjaran 2026-02-28 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article application/pdf https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/2469 10.24198/transbuslj.v7i1.2469 Transnational Business Law Journal; Vol. 7 No. 1 (2026): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 7, Number 1, February 2026; 41-48 2747-0210 2722-1105 10.24198/transbuslj.v7i1 eng https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/2469/1020 Copyright (c) 2026 Rafika Rizky Aulia Rahman https://creativecommons.org/licenses/by/4.0

oai:ojs.jurnal.fh.unpad.ac.id:article/2573 2026-05-04T02:08:36Z transbuslj:ART

oai:ojs.jurnal.fh.unpad.ac.id:article/2574 2026-06-04T07:40:47Z transbuslj:ART driver

Cross-Border Insolvency and Worker Protection: Implementation of Piercing the Corporate Veil in Cross-Country Bankruptcy Meliala, Chetrine Br bankruptcy law cross-border insolvency piercing the corporate veil preferred creditors worker protection The era of globalization has increased the activity of multinational corporations and the risk of cross-border insolvency. In this situation, legal protection for workers as preferred creditors is often hampered by the complexity of corporate structures and jurisdictional boundaries. This normative research with a comparative approach examines the possibilities for implementing the Piercing the Corporate Veil theory in the context of cross-border bankruptcy between Indonesia and Malaysia, as well as the legal standing of employees as preferred creditors.The results show that although both countries recognize workers' preferential rights and have a legal basis for applying the Piercing the Corporate Veil doctrine, its effectiveness in a cross-border context is very limited. The main obstacles stem from Indonesia's inadequate bankruptcy legal framework, the conflict between the principles of universality and territoriality, and the lack of a system for acknowledging and upholding foreign rulings. This research concludes that worker protection and the application of Piercing the Corporate Veil in cross-border insolvency between Indonesia and Malaysia will be ineffective without legal reforms, such are bilateral agreements to remove jurisdictional obstacles or the adoption of international instruments like the UNCITRAL Model Law. Department of Transnational Business Law, Faculty of Law Universitas Padjadjaran 2026-02-28 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article application/pdf https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/2574 10.24198/transbuslj.v7i1.2574 Transnational Business Law Journal; Vol. 7 No. 1 (2026): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 7, Number 1, February 2026; 1-11 2747-0210 2722-1105 10.24198/transbuslj.v7i1 eng https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/2574/1017 Copyright (c) 2026 Chetrine Br Meliala https://creativecommons.org/licenses/by/4.0

oai:ojs.jurnal.fh.unpad.ac.id:article/2864 2026-06-04T07:40:11Z transbuslj:ART driver

Legal Challenges of The Operation of LEO Satellite Mega Constellation in Indonesia Baidirus, Ikhsan Ramli, Ahmad M. Dewi, Sinta Budhijanto, Danrivanto broadband access digital transformation mega constellation of LEO satellites transformative laws The Low Earth Orbit (LEO) satellite constellation technology is rapidly advancing. Tens of thousands of LEO satellites orbit the globe from large mega constellations such as OneWeb, SpaceX StarLink (USA), LeoSat (USA), Kuiper (an Amazon subsidiary USA), TeleSat (Canada), and LeoSat (USA). Starlink is the largest mega constellation with the highest number of satellites and the largest coverage which is needed in Indonesia's unserved rural areas. However, Starlink's operation not only disrupts conventional telecommunications businesses in Indonesia but also causes legal uncertainty. Starlink must obtain permits for network operation, telecommunications services, NAP (Network Access Provider), ISP (Internet Service Provider) licensing, as well as permits for electronic system and transaction operations. There are still no specific rules for its radio station permits, and the provisions for determining the Frequency Usage Fee for satellite clusters remain unclear. This research employs a juridical-normative method, wherein provisions in the legislation will be explained and connected with the rapidly evolving satellite and digital technology. This encompasses regulations, viewpoints, legal doctrines, and related legal systems. The findings indicate that advanced LEO satellite mega constellation technology can be highly beneficial for progressively providing high-speed internet access in remote areas if supported by laws and regulations that are adaptive to new technological innovations. Thus, a legal and legislative transformation is required to facilitate the rapid and massive provision of digital telecommunication networks to remote areas, ensuring fairness while upholding the nation's legal sovereignty. Department of Transnational Business Law, Faculty of Law Universitas Padjadjaran 2026-02-28 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article application/pdf https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/2864 10.24198/transbuslj.v7i1.2864 Transnational Business Law Journal; Vol. 7 No. 1 (2026): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 7, Number 1, February 2026; 12-26 2747-0210 2722-1105 10.24198/transbuslj.v7i1 eng https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/2864/1018 Copyright (c) 2026 Ikhsan Baidirus, Ahmad M. Ramli, Sinta Dewi, Danrivanto Budhijanto https://creativecommons.org/licenses/by/4.0

oai:ojs.jurnal.fh.unpad.ac.id:article/2924 2026-06-08T12:25:25Z transbuslj:ART driver

The Legality of ODR Arbitration under International and National Legal Instruments Adolf, Huala international and legal instruments ODR arbitration Online Dispute Resolution by Arbitration (ODR Arbitration) is arbitration where the online communication plays major part in the process of arbitration: from the beginning of arbitration to the end. It begins with the request of arbitration to the issuance of the award. Is this process legal according to (1) the existing international legal instruments, and (2) national legal instruments in particular Indonesia?The method used in this article was the normative legal approach to the laws or regulations instruments both international and national legal instruments. The former included among others the 1996 UNCITRAL Model Law on Electronic Commerce, the 2017 UNCITRAL Technical Notes on Online Dispute Resolution. The national legal instrument covered the Arbitration Law No. 30 of 1999, Law No. 11 of 2008 on Electronic Information and Transaction; and BANI Arbitration Rules. The applied approach examined the practice of arbitration under BANI Arbitration Rules on Electronic means to resolve business disputes.This article concluded that both international and national legal system, i.e., Indonesian legal system deem the ODR arbitration a valid and enforceable mechanism of resolution of commercial, as well consumer, disputes. Department of Transnational Business Law, Faculty of Law Universitas Padjadjaran 2025-08-30 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article application/pdf https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/2924 10.24198/transbuslj.v6i2.2924 Transnational Business Law Journal; Vol. 6 No. 2 (2025): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 6, Number 2, August 2025; 118-131 2747-0210 2722-1105 10.24198/transbuslj.v6i2 eng https://jurnal.fh.unpad.ac.id/index.php/transbuslj/article/view/2924/1022 Copyright (c) 2026 Huala Adolf https://creativecommons.org/licenses/by/4.0