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Commercial Disputes in Indonesia: Finding an Alternative Dispute Resolution Body covering Mediation and Arbitration in Indonesia

Commercial Disputes in Indonesia: Finding an Alternative Dispute Resolution Body covering Mediation and Arbitration in Indonesia

A commercial dispute is a dispute that commonly arises from a commercial contract. This can be between companies, individuals, a mix of both or even between an investor and a state. Keeping in mind that court litigation might be lengthy and disclosed to the public, the contractual party might prefer to settle the dispute by way of Mediation and Arbitration. For agreements, including agreements related to commercial matters (e.g., sale and purchase agreement
Nano Product in Malaysia: A Review of Malaysia Halal Certification

Nano Product in Malaysia: A Review of Malaysia Halal Certification

Abstract - Nano products are entering the industry including into the halal industry in many sectors. The application of nano product in halal industry that deserve the critical attention are largely in food and beverages industry, consumer goods, pharmaceutical, cosmetic and personal care. This paper start with the definition of nano and halal and then share findings on the available certified halal products that use the term "nano"
RUU PDP Ditarget Selesai Satu Masa Sidang

RUU PDP Ditarget Selesai Satu Masa Sidang

validnews.id - Jakarta: Wakil Ketua Komisi I DPR RI, Abdul Kharis Almasyhari, mengatakan pihaknya langsung melanjutkan pembahasan Rancangan Undang-Undang (RUU) Perlindungan Data Pribadi (PDP) setelah mendapat perpanjangan waktu oleh pimpinan DPR pada Rapat Paripurna, Selasa (23/6) kemarin. "Kemarin setelah Rapat Paripurna, sorenya kami sudah rapat internal Panitia Kerja (Panja) RUU PDP. Jadi sudah lanjut dibahas. Doakan semoga segera selesai ya,"
DPR Perpanjang Pembahasan RUU Perlindungan Data Pribadi

DPR Perpanjang Pembahasan RUU Perlindungan Data Pribadi

suara.com -  Rapat Paripurna DPR RI pada Selasa (22/6/2021) secara resmi memperpanjang pembahasan Rancangan Undang-Undang Perlindungan Data Pribadi (RUU PDP). "Apakah kita dapat menyetujui perpanjangan waktu pembahasan kedua RUU tersebut sampai dengan masa persidangan I. Apakah dapat disetujui?," kata Ketua DPR RI Puan Maharani dalam Rapat Paripurna DPR RI, di Kompleks Parlemen, Jakarta.
RUU Perlindungan Data Pribadi dan Monetisasi Jejak Digital Pengguna

RUU Perlindungan Data Pribadi dan Monetisasi Jejak Digital Pengguna

kompas.com - Dalam Rapat Paripurna, DPR memutuskan pembahasan RUU Perlindungan Data Pribadi (PDP) diperpanjang (22/6/2021). Ini adalah momen bagi kita untuk menelisik lebih dalam isu dan muatan RUU tersebut. UU ini sangat penting bagi kita, di saat ekonomi digital Indonesia tumbuh eksponensial. Google dan Temasek (2020) melaporkan, pengguna e-commerce Indonesia meningkat 37 persen karena pandemi
RUU Perlindungan Data Pribadi Ditargetkan Disahkan Pada 16 Juli

RUU Perlindungan Data Pribadi Ditargetkan Disahkan Pada 16 Juli

medcom.id - Jakarta: Pembahasan Rancangan Undang-Undang Perlindungan Data Pribadi diperpanjang. Pembahasan beleid tersebut diharapkan rampung sebelum penutupan Masa Sidang V Tahun 2020-2021 pada 16 Juli 2021. "Panja (Panitia Kerja) Komisi I dan panja pemerintah berkomitmen mengawal sampai ke Badan Legislasi, sehingga harapannya bisa selesai sebelum 14 Juli 2021
Nanotechnology and Its Legal and Social Implications

Nanotechnology and Its Legal and Social Implications

Nanotechnology is the next industrial revolution after internet and the wave of the future. Countries around the world have been investing huge and thousands of consumer products containing nanomaterial are already in the market. However, industries are apparently more inclined to generate revenue ignoring societal concerns, which may have serious negative impact.
Procedural versus Substantive Reforms: Is the Work of UNCITRAL WGIII Worth the Wait?

Procedural versus Substantive Reforms: Is the Work of UNCITRAL WGIII Worth the Wait?

Calls for investor-State dispute settlement (“ISDS”) reform have persisted for some time (see blog coverage here). Competing calls for retaining the status quo, modifying the system, or abandoning the system altogether have each gained traction. With a drastic increase in the number of investment cases being brought, accompanied by the “mega” awards, the international community has had to respond. One of the most prominent global initiatives to address these reforms has been the UNCITRAL Working Group III (“WGIII”) process (see blog coverage here). WGIII’s discussions began in 2017 and, as recently announced, WGIII plans to conclude its reform process by 2025. The question that arises is whether this 8-year reform process will meaningfully address the calls for reform. This is a significant question because if, after undertaking such a long and detailed reform process, criticisms on the basic ideas of ISDS persist, the international community has to consider whether the transaction cost was worth it at all.
Evolving: Data Privacy Laws and What It Means to Privacy Professionals

Evolving: Data Privacy Laws and What It Means to Privacy Professionals

What are the biggest topics or trends data privacy professionals must be well-versed on or learn more about? A.I. technology is set to be an upcoming area of focus in data protection that data privacy professionals would have to watch out for. I think regulation trends come in waves. We are all familiar with the wave of financial regulation that came with the collapse of Lehman.
Membership Termination of Social Security BPJS for Dissolved Companies

Membership Termination of Social Security BPJS for Dissolved Companies

As stipulated in article 13 of Law No. 40 of 2004 concerning National Social Security System ('Law 40/2004'), employer(s) must register themselves and their business for social security programs related to manpower to the Social Security Administrator (Badan Penyelenggara Jaminan Sosial / 'BPJS'), which requires them to contribute a certain amount of money for their employee's insurance/social securities. This obligation is mandatory and cannot be waived. Those programs are Work Accident Security (Jaminan Kecelakaan Kerja),
Should Algorithmic Decision-Making Be Regulated?

Should Algorithmic Decision-Making Be Regulated?

Algorithmic decision making is the use of knowledge generated by algorithms to make or inform decisions (Yeung, 2018:507). Example of algorithmic decision making is analyzing the likelihood of success of a new hire based on their resume. Algorithmic decision making has several branches, but it can be distinguished between...
Electronic Contracts, the Malaysian Perspective

Electronic Contracts, the Malaysian Perspective

Abstract - Malaysia has provided numerous laws years ago to support the ICT developments. However, the adequacy of these laws are challenged. For instance, e-commerce law of Malaysia has been enacted many years back through different statutes. This study examines the adequacy of the Electronic Commerce Act of Malaysia as a case study to find out whether the present laws are comprehensive enough to support the...
Sanctions for Workers When Abusing Doctor's Note

Sanctions for Workers When Abusing Doctor's Note

Every worker/laborer has the right to a decent living, including being given leniency if the worker/laborer is sick. Article 81 point 40 of Law No. 11 of 2020 concerning Job Creation ("Omnibus Law") which amends Article 153 paragraph (1) letter (a) of Law No. 13 of 2003 concerning Manpower ("Manpower Law") prohibits employers from terminating employment relationships (layoffs) on the grounds that the worker is unable to come to work due to illness according to a doctor's statement as long as the period does not exceed 12 (twelve) months continuously. Based on these provisions, the prohibition....
Nanotechnology: Sketching the Next Big Thing in Malaysian Context

Nanotechnology: Sketching the Next Big Thing in Malaysian Context

Realizing the limitless prospects of nanotechnology, many countries in the world, irrespective of size and economy, have been investing and allocating considerable amount of funding. Innovative initiatives are also taken at both public and private sphere. Over the years, Malaysia has successfully established its competence in electrical and electronic, and chemical sectors, where nanotechnology is very prospective. The government of
A Historical Overview of Nuclear Energy Regulations in ASEAN

A Historical Overview of Nuclear Energy Regulations in ASEAN

The consistent rise in the prices of oil, coal, fossil fuels and on the other, the lack of natural gas reserves has indicated the struggle of ASEAN for energy demand, which is eventually going to persist in future. Consequently, due to the scarcity of fossil fuels, oil and natural gas resource, nuclear energy surfaces as a palatable strategic option for ASEAN's future development agenda. However, a successful nuclear power program entails an
Omnibus Law Employment Sector: Employment Termination Procedure

Omnibus Law Employment Sector: Employment Termination Procedure

Following Law No. 11 of 2020 on Job Creation ("Omnibus Law"), the Indonesian government has enacted a number of regulations in Omnibus Law. One of the enacted regulations is Government Regulation No. 35 of 2021 on the Fixed-Term Contract, Outsourcing, Work and Resting Hours and Termination of Employment ("GR 35"). The GR 35 provide procedures for terminating employment. Article 36 of GR 35 states that the termination of ...
Formation of e-Contracts under Iranian Electronic Commerce Act

Formation of e-Contracts under Iranian Electronic Commerce Act

The time and place of formation of a contract comprise significant legal effects under the law of contracts. In case of electronic contracts, the determination of time and place of dispatch and receipt of an electronic message plays a significant role to determine the time and place of formation. The Electronic Commerce Act of Iran provides a number of provisions concerning the formation stage. The modification of the dispatch
Value-Added Tax in The Liquidation Process of A Company

Value-Added Tax in The Liquidation Process of A Company

Liquidation is the process of dissolving a limited liability company, accompanied by the sale of its assets to meet their outstanding payment obligations, and distribute the remaining balance to all shareholders. Law No. 40 of 2007 concerning Limited Liability Companies ("Company Law") stipulates that the company liquidation can be caused by: 1. resolution of General Meeting of Shareholders ("GMS"). The GMS is a company organ other than the Board of Directors, and Board of Commissioners. Based on