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ARRANGEMENTS REGARDING PROPERTY AS A LEGAL CONSEQUENCE OF PRENUPTIAL AGREEMENTS IN MIXED MARRIAGE

The increasing intensity of mixed marriages involving Indonesian citizens and foreign citizens has given rise to legal problems related to joint property ownership. Marriage agreements have been seen as a solution to protect the legal rights of both parties. This article aims to analyze the implementation of the principle of freedom of contract in marriage agreements in mixed marriages and examine its legal consequences on the separation of immovable property, which was set as normative legal research using statutory, conceptual, and case approaches. The results suggest the principle of freedom of contract underlines that parties to a marriage agreement are free to make agreements regarding property or non-asset as long as they do not conflict with statutory regulations and legal order. However, marriage agreements should only regulate matters relating to assets because disputes on matters other than assets are relatively complex to determine the boundaries. The non-separation of immovable assets entails that Indonesian citizen partners may lose the opportunity to obtain rights over the immovable property because they will later become part of joint ownership with their foreign citizen partner. Therefore, separating assets would ensure Indonesian citizens' land rights.

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IMPLICATIONS AND LEGAL CONSEQUENCES OF IMPLEMENTING A RISK BASED ONLINE SINGLE SUBMISSION SYSTEM FOR LIMITED LIABILITY COMPANY BUSINESS LICENSING

Limited Liability Company (PT) as a Business Entity must have permits to carry out its business activities legally. Risk-based Online Single Submission (OSS) is designated as a Business Licensing portal based on the level of risk of a business activity in determining the type of business licensing. The purpose of this research is to find out how much influence the implementation of business licensing through the risk-based OSS system has in the business licensing of Limited Liability Companies and to formulate the legal consequences that arise if the Limited Liability Company does not comply with the standards of its business activities. The research method used is a normative juridical approach with analytical descriptive research specifications. Data analysis was carried out using qualitative normative methods. The results of the study show that the implementation of business licensing through the risk-based OSS system in practice has implications for limited liability company business licensing, namely providing convenience for limited liability companies in managing business licensing, because permits are issued at the beginning then the government as the authority will verify compliance with business activity standards. legal consequences that arise if the Limited Liability Company does not fulfill the standards of its business activities is the imposition of administrative sanctions on the Limited Liability Company.

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USAGE OF COPYRIGHTED SONGS AND/OR MUSIC FROM YOUTUBE BY DISCORD MUSIC BOT ACCORDING TO INDONESIAN COPYRIGHT AND CYBER LAW

Discord Music Bot is an Electronic Agent made by the users of an electronic system called Discord, a System which moves on telecommunication. Discord music Bot functions by opening and rebroadcasting a music in Youtube in Discord’s telecommunication room in voice form live. Those activity was done without the consent and knowledge of the copyright owner’s of Youtube. This article will studies about the legal basis of the Discord music bot’s usage of copyrighted music’s and/or song’s in Youtube. And the legal responsibillity of Youtube and Discord on the Discord music bot’s usage. The research method used in this article is the normative juridical method, by doing a research on the legal regulation in the field of copyright and cyberlaw and applying them to the relevant cases. The usage of Discord Music Bot is a prohibited action according to the Anti Circumvention provision and article 30 section (3) of the ITE Law. And Youtube and Discord as the admin of their respective electronic system freed of their legal responsibillity because of a different terms. Youtube freed because of the usage of Discord Music Bot was an act done outside of Youtube’s program and operation. And Discord freed on the basis of Bot which works around User Generated Content which can make Discord freed and only responsible on the aspect of technical administration

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THE ELIMINATION OF STATE ADMINISTRATIVE COURT’S AUTHORITY TO DECIDE POSITIVE FICTITIOUS DECISIONS AFTER THE AMENDMENT TO LAW NUMBER 30 OF 2014 CONNECTED WITH THE GENERAL PRINCIPLES OF GOOD GOVERNANCE

Government agencies and/or officials carry out the task of administering the state using legal instruments, one of which is decisions. If within the allotted time a government official does not respond to the request filed against him, his silence is equated with a fictitious decision. The fictitious decisions that apply in Indonesia are positive fictitious decisions, implicitly contained in Article 53 paragraph (3) of Law Number 30 of 2014, namely the government's silence means a form of acceptance. A positive fictitious decision needs to be submitted to the Administrative Court to get an acceptance decision. After the UUCK, PTUN's authority to decide on positive fictitious decisions was abolished, so what are the legal consequences and whether this is in accordance with the AUPB. The research method uses normative juridical with statutory, case, and conceptual approaches. The results of the research show that PTUN does not have the authority to decide on a positive fictitious decision request due to the abolition of Article 53 paragraph (4) in UUCK, so that the settlement lies with government agencies. However, there is a disparity in the judge's decision regarding the authority of PTUN to decide on a positive fictitious decision request caused by two approaches, namely legalistic positivism and action. It is possible to enter a positive fictitious case by filing a lawsuit for unlawful acts by government agencies and/or officials. The abolition of PTUN's authority is not in accordance with AUPB, especially the principles of legal certainty, expediency, accuracy, and fairness.

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ONRECHTMATIG OVERHEIDSDAAD BY THE GOVERNMENT ON THE LIABILITY OF THE GOVERNMENT REGULATION (CASE STUDY ON LAW NUMBER 18 OF 2017)

This paper discusses about "Government Actions Against the Obligation to Prepare Government Regulations from Law No.18 of 2017" in the form of a Legal Memorandum. Where the Government in making and issuing Government Regulations from Law No. 18 of 2017 has exceeded the time limit that has been regulated in in law. The legal questions that arise are (1) is the government's attitude that exceeds the time in issuing the Government Regulations an act of the government in carrying out government administration functions? (2) Is the government's attitude exceeding the time in issuing the Government Regulations a violation of State Administration law? This study uses normative legal analysis. The purpose of this writing is the invention of recommendation given by the author for consideration to readers and the people of Indonesia, especially is those who feel be anggrieved by the government’s actions in the state arrangement. The results of the analysis of this Legal Memorandum conclude that the government's action is an administrative function of the government and is an unlawful act. As for the recommended recommendations, citizens who feel aggrieved by the government's actions can take repressive actions against government actions from Law No.18 of 2017, these citizens can sue the President to the State Administrative Court as an authorized court according to law after committing administrative effort.

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JURIDICAL STUDIES OF THE LEGAL STATUS OF DIGITAL RUPIAH IN THE CONTEXT OF MODERNIZING FINANCIAL MARKET INFRASTRUCTURE

The rise of exchange rates other than the official state currency in the digital world raises its own problems. The development of the digital economy that is currently developing is supported by digital economic infrastructure, one of which is the official state medium of exchange. Therefore, this is a demand for the public's need for official state exchange instruments that can apply in the digital world. This was then answered by Bank Indonesia through the concept of Digital Rupiah and its derivatives in various Bank Indonesia Regulations. However, there are problems regarding the Digital Rupiah policy and the implementation of secure use of the Digital Rupiah sistem. This research was conducted using a normative juridical method, and the writing stage was carried out through a literature search which was carried out by examining secondary data including primary legal materials, literature, articles, opinions and teachings of experts and their implementation in laws and regulations. Based on the discussion, it can be concluded that policies related to Digital Rupiah as a modernization of financial market infrastructure are still contained in various regulations, including Law Number 4 of 2023, Bank Indonesia Regulation Number 23/11/PBI/2021, and Bank Indonesia Regulation Number 23/10 /PBI/2021. Digital Rupiah security arrangements in Indonesia refer to Bank for International Settlements (BIS) guidelines and include secure technology infrastructure, cloud-based cybersecurity services, risk management and compliance sistems, as well as application and infrastructure security integration through DevSecOps. Reliability certificates are regulated in Government Regulation Number 71 of 2019.

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THE DOMINANT POSITION OF MARKETPLACES IN COOPERATION AGREEMENTS WITH MICRO AND SMALL ENTERPRISES (MSEs) REFERRED TO THE PRINCIPLE OF BALANCE

As one of the pillars supporting the economy in Indonesia, Micro and Small Enterprises (MSEs) are an instrument of economic development and equitable distribution of community welfare. MSEs have a very important role in moving the wheels of the national economy. Currently, MSEs in running their business cannot be separated from information technology facilities, one of which is through the marketplace. However, in the implementation of transactions through the marketplace, there are problems in terms of making agreements between the marketplace and MSEs where there is a dominant position of one of the parties. The research method used in this research is normative juridical by focusing on library law research. The results show that in electronic transactions there is an imbalance in the position between the marketplace and the seller, including MSEs, which causes the position of MSEs to be vulnerable and the position is not balanced. In the cooperation agreement, there are terms and conditions that force MSEs to agree to all agreements determined unilaterally by the marketplace. Therefore, the role of the government is needed to assist and protect MSEs so that they are not disadvantaged by certain parties and can play an optimal role in the national economy.

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LEGAL PROTECTION OF A TRADEMARKS FROM DEEP LINKING IN THE DIGITAL WORLD

Issues surrounding the practice of deep linking as brand infringement represent a new transformation in the form of digital brand infringement. Legal protection against new forms of digital trademark infringement is urgently needed in order to protect brands as intellectual property rights in the ICT era. The approach method used in this research is normative juridical by using secondary data in the form of literature on laws and regulations, books and articles related to deep linking and brands. From the exposure and discussion of the act of deep linking of a brand digitally which is studied through the analysis in this article, it can be concluded that the theory and legal principles used in underlying the formation of a trademark protection law from deep linking as a trademark violation on the internet include the theory of brand protection in the era of ICT, the theory of development law and the theory of economic analysis of law (economic analysis of law). The principles that can underlie the law on trademark protection from deep linking include the Droit de Suite principle and the Good Faith principle. As a legal basis for civil lawsuits and criminal prosecution of deep linking of current brands, the articles contained in the ITE Law can be used because Law Number 20 of 2016 concerning Marks and Geographical Indications does not yet regulate deep linking.

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