Media Iuris

Front Matter Volume 8 No. 1, February 2025

2025-02-28T15:18:23+07:00

Volume 8 No. 1, February 2025

Comparison of Regulations on Medical Professional Discipline Enforcement Institutions between the United States, the United Kingdom, Singapore and Indonesia

2025-02-12T14:56:29+07:00

Law Number 17 of 2023 on Health served as a momentum for evaluation of the regulation regarding ethics and professional discipline enactment body for medical personnel, which includes doctors and dentists. The purpose of this research is to provide comparisons from regulations in the United States, Great Britain, Singapore, and Indonesia as an evaluation tool. Through doctrinal law method with analytical and comparative approach toward secondary data, this research found that there were notable regulation differences between the countries which could provide input for Indonesia. Analysis of professional discipline enactment body gave two key messages. One, Indonesia could give provisions on what could be subject to disciplinary actions, including legal violations that may be subject to disciplinary actions, in order to clarify the relationship between professional discipline and law. Two, Indonesia could introduce a tiered mechanism in the investigation of alleged professional discipline violations to strengthen the realm of professional discipline and affirm its position as primum remedium.

Legal Review of Knock-off Culture in K-Pop-Inspired Outfits Based on Industrial Design Law

2025-02-18T14:04:31+07:00

Knock-off culture in K-Pop-inspired outfits is quite contrary to Indonesia’s objective in developing the industrial sector, which is increasing competitiveness through the optimization of industrial design that is rooted in Indonesia’s cultural wealth as a part of integrity in global trading. Considering the increasing number of local brands that replicate the industrial designs of foreign brands to fulfill consumer demands, it is crucial to study the knock-off culture phenomenon in local brands of fashion inspired by K-pop idols from the perspective of Law Number 31 of 2000 concerning Industrial Design (Industrial Design Law). This research is conducted using the normative juridical method which is strengthened by the socio-legal approach related to the knock-off culture’s progress in society. This research results indicate that provisions in Industrial Design Law are still ambiguous, especially those related to the principle of novelty and ambiguity regarding the knock-off products that haven’t been arranged clearly. Those indicate the lack of adequate legal apparatus that potentially triggers unfair business competition, and also increases the risk of violating intellectual property rights.

Comprehensive Normative Analysis Concerning Indonesia Domain Name Legal Policy

2025-02-26T16:32:07+07:00

The world is moving toward the digitalization period in the frame of the Industrial Revolution 4.0. Prof. Klaus Schwab stated that the Website was included in matters affecting the current direction of civilization in society. In the Website, the Domain Name is an important component that serves as an easy-to-remember referral address. Indonesia has its own Domain Name with the .id extension or often referred to as the Indonesia Domain Name. The regulation is scattered in several laws. By using Normative Juridical research methods and statutory and conceptual approaches, the author intends to map the Indonesia Domain Names laws. The results have not only mapped the concept map of the Indonesia Domain Name regulations, but also analyzed the legal issues surrounding it. This study is expected to be a representation for the government to create a more comprehensive Indonesia Domain Name law so that it can lead to legal certainty conditions for Indonesia Domain Name Registrants in the future as ius constituendum of Information and Communication Technology Law.

Optimizing Law Enforcement in the Case of Online Gambling Promoters/Endorsements

2024-12-18T08:58:37+07:00

This study aims to investigate strategies for optimizing law enforcement in cases of online gambling promoters or endorsements. The primary objective is to analyze the effectiveness of existing legal measures and explore potential improvements or innovations in law enforcement to address illegal online gambling promotions. The research method involves a literature review of case studies, comparative analysis, and a critical approach to existing legal regulations. Various related studies and literature will be analyzed to provide a comprehensive understanding of this issue. The analysis indicates that cooperation between regulators, law enforcement agencies, and social media platforms is key to enhancing law enforcement against online gambling promoters or endorsements. The need for stricter regulations, the implementation of technology for detection and prevention, and an emphasis on transparency in online gambling promotions are identified as crucial points to improve law enforcement. This study also highlights the importance of awareness of the ethical implications of online gambling promotions, especially those involving celebrity participation. In conclusion, this research proposes several law enforcement optimization strategies that should be implemented to reduce the illegal promotion of online gambling and protect the public from its negative impacts. These strategies are supported by strengthening regulations and cooperation between the government, law enforcement agencies, and the online gambling industry.

Islamic Economic Law in the Digital Age: Navigating Global Challenges and Legal Adaptations

2025-02-12T14:41:38+07:00

This study examines the challenges and adaptations of Islamic economic law in addressing global economic transformations in the digital era, particularly in Indonesia. The research aims to analyze how Islamic legal frameworks respond to the rise of fintech, blockchain, and smart contracts while maintaining compliance with Sharia principles. Employing a qualitative approach with doctrinal legal research, this study utilizes primary legal sources such as the Quran, Sunnah, Ijma’, and Qiyas, along with national regulations, including the Sharia Banking Law, Financial Services Authority (OJK) regulations, and fatwas from the Indonesian Ulema Council (MUI). Data are collected through legal document analysis and case studies on the implementation of Islamic finance in digital transactions. The findings indicate that while Indonesia has made significant progress in integrating Sharia-compliant financial technologies, challenges remain in ensuring regulatory clarity, consumer protection, and the prevention of Sharia non-compliance risks. The study concludes that continuous legal adaptation and regulatory innovation are essential to uphold Islamic economic principles in the evolving global digital economy.

Liability of Freight Forwarding Companies for Losses on Delivery of Fishery Products Due to Container Shortage Effects

2024-05-01T07:23:28+07:00

Nowadays various types of transportation are also used in the context of Indonesia’s development, one of which is the sea transportation service business or better known as freight forwarding. However, there has been a decline in export products which cannot be separated from the impact of containers shortage. Previously, the impact of container shortages often occurred, but only for a short time. However, a long-term containers shortage only occurred when the COVID-19 pandemic emerged. With the effects of a shortage of containers, this was exacerbated by other problems such as limited space on logistics carriers which can affect the domestic logistics distribution supply chain. This research uses a normative legal research approach with the results indicating that the party responsible in cases of losses due to containers shortage is the freight forwarding company and the legal consequence of a transportation agreement that is affected by containers shortage is that as long as the carrier has agreed to the transportation agreement, the freight forwarding company must ensure that containers are available according to the transportation agreement. The reason for the shortage of containers can be used as a justification for the carrier’s actions but not in the long term.

Legal Protection for Third Parties Acquiring Rights in the Management of State Receivables

2025-02-03T11:16:42+07:00

The government has made various efforts to maximize state revenue, one of which is through issuing Government Regulation No. 28 of 2022 regarding the Management of State Receivables by the State Receivables Committee (Government Regulation 28/2022). According to this regulation, third parties who acquire rights from a debtor or debt guarantor can be held responsible for settling the debt, regardless of the reason. These rights can be seized and auctioned by the state, and the third party can face civil sanctions, travel bans, or even imprisonment. This research aims to examine the legal protection for third parties acquiring rights in the management of state receivables under Government Regulation 28/2022. The research uses a normative method with a descriptive approach. The findings indicate that protection for third parties remains limited due to unclear and vague provisions in Government Regulation 28/2022. This lack of clarity can lead to the abuse of authority by the state, potentially harming third parties acting in good faith. This study is expected to provide insights into the relevance of the regulation and offer recommendations to strengthen legal protections for third parties acquiring rights.

Responsibility of the Board of Directors of Islamic Banking Regarding Unrecorded Mudharabah Deposits in Cash Account Reports

2025-02-10T09:49:40+07:00

In sharia banking, Mudharabah deposits are known as banking products and are a form of investment for debtors and creditors. Mudharabah is an investment transaction from the capital owner, namely Shahibul Maal, to the Mudharib, or capital manager, to carry out certain business activities in line with sharia principles. In Mudharabah deposits, there is a profit-sharing principle used between Mudharib and Shahibul Maal. However, currently, problems have been discovered related to the deliberate act of not including records in the bank cash account transaction report documents for Mudharabah deposits. Mudharib argued on the basis of reducing the cash balance on the balance sheet due to the difference. Mudharabah deposits that are not recorded in the bank cash account transaction report document are a loss to Shahibul Maal as an investor because the funds that have been deposited are not recognized as savings. The problem that will be studied in this article relates to the directors’ responsibility for Mudharabah deposits, which are not recorded in the bank cash account transaction report document by the Mudharib. This research uses statutory, conceptual, and case approaches. The results of this research show that the directors are fully responsible for the losses experienced by Shahibul Maal on Mudharabah deposits that were not recorded in the banking cash account report carried out by the Mudharabah.

Back Matter Volume 8 No. 1, February 2025

2025-02-28T15:23:17+07:00

Volume 8 No. 1, February 2025