Private Pawn Institution in Antimonopoly Law in Indonesia

A new round has been started for the pawn business with the enactment of the Financial Services Authority Regulation Number 13/POJK.05/2016, About Pawn Business. The POJK 13/POJK.05/2016 complements the Regulation of Pawnshop / Staatsblad No. 81 Year 1928 on the Pandhuis Reglement Staatsblad that regulates the State Pawn Company. The theory used to analyze in this research was Law of  Development Theory. While the Research Methods used in this research was normative juridical, with statute approach, conceptual approach, and historical approach.The results of this study were, first, the development of law on pawn institutions so far only revolves around changes in the status of government pawnshop legal entity. This indicates that the pattern of development of a pawn institutions is still “centrally planned economics” by only authorizing PT Pegadaian (Pesero) as the only state-owned enterprise to obtain the right to work in the pawning field. With the issuance of the Financial Services Authority Regulation Number 13/POJK.05/2016 Regarding the Pawn Business, the pattern of Pawn institutional regulation has shifted to "mixed planned economic", as the government has given private entrepreneurs the opportunity to engage in the management of the pawn business. Second, the involvement of the govenment in the practice of monopoly in Indonesia, at least in the concept of etatism, has a constitutional foundation in comparison with the market mechanism. This can be seen in Article 33 of the 1945 Constitution and Article 51 of Law no. 5 Year 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition, in which the Law mandates the Government to conduct a monopoly if the sector becomes an important production branch for the country and affects the livelihood of the many people. Keywords : Legal Development Theory, Private Pawn Institution, Antimonopoly Law

Legal Protection Principle of the Fulfillment of Children's Maintenance Rights After Divorce

Legal problem of children's maintenance rights was caused by the absence of legal effort towards the party who didn't perform the decision of children's alimony in the Religious Court Law. In the absence of coercive measures to carry out the decision, it could be said as the vague norms or obscure norms or vage normen. This article discussed the legal problems related to the urgency of legal protection to the fulfillment of children's maintenance rights after divorce and the formulation of the fulfillment of children's maintenance rights after divorce. This study is a legal normative research using statute approach, conceptual approach, comparative approach, and philosophical approach. The result showed that parents who ignored children's maintenance rights could be categorized to violate the law and should be held accountable for fulfilling children's rights as legal rights to obtain maintenance rights. In order to implement the fulfillment of children's support in Indonesia, KPAI (Indonesian Children Protection Commission) should be given active and coercive authorities and responsibilities for children's maintenance rights so it can be in accordance with the principle of Convention on the Rights of Child that both parents have common responsibilities for the upbringing and development of the child. Keywords: Legal Protection, Children's Maintenance Rights, Rights of Child, Development of the child DOI: 10.7176/JLPG/127-02 Publication date: December 31st 202

Expert System Development for Law Firm Using Information and Communication Technology in Indonesia

Information technology has changed the order of business and industry, including the legal services industry. This change requires law firms to be more creative and innovative in implementing legal processes in the development of information and communications technologies. To survive, a law firm cannot rely on its strengths in reputation and service quality only but also needs to consider the strength in using technology tools. The purpose of this study is to map the need for expert system development in law firms as an effort to deliver an effective and efficient legal process. The method used in this research was the normative legal method with a statute approach and conceptual approach. The results of this study were expected to provide an overview of the modern law firm structure model based on information technology. The results of the study showed that to anticipate changes to the demand for efficiency and the encouragement of regulations related to the use of information technology both in the judicial system and in registration statement processing procedures a law firm must adapt and develop information technology as the basis for the legal process. The stages of development begin with the development of Knowledge Management Technology based on Knowledge Management Systems. The next stage is the development of expert systems in the form of diagnostic systems, planning systems, procedural systems, intelligent checklists, document modelling systems, and argument generation systems. Keywords: Law firm; ICT; legal services industr

Knowledge Management of Technology Development for Advocate

This research was conducted with the support of Research And Community Service Directorate (Direktorat Riset dan Pengabdian Masyarakat), Deputy for Research and Development Reinforcement, Ministry of Research and Technology / National Research And Innovation Agency, Republic of Indonesia, through the Applied Research Grant, Fiscal Year of 2020. Abstract Advocate is a profession based on knowledge as a commodity which is exchanged for services and has economic value. Advocate as one of legal professions must continue to develop its professional abilities in a sustainable manner. However, in this digital era, besides of having knowledge about legal field, an advocate needs to cognize to the development of information technology. The information technology today has become the part of social life, including in judicial system process. This research uses a normative legal method with the statute and conceptual approach. This research aims to map the need for Knowledge Management Technology development that must be developed by an advocate as an effective and efficient legal delivery process. The result of this research indicates that to anticipate changes to demands for efficiency and encouragement of regulations related to the use of information technology in the judicial system of both private and public law, advocates must develop information technology as the basis for the legal process. The stages of development begin with the arrangement of Knowledge Management Systems by considering the Advocate’s characteristics. From the framework of Knowledge Management System, Knowledge Management Technology can be developed to meet the needs of advocates in providing legal services based on information technology. Keywords: Advocate, Knowledge Management Systems, Knowledge Management Technology. DOI: 10.7176/JLPG/102-02 Publication date:October 31st 202

Harmonization of Law to the Protection of Children’s Right Caused by Divorce in Indonesia

Law development can be built from awareness as part of international society. Particularly, those relating to basic rights as in children’s right protection that applied universally. This is unavoidable that Indonesia has a strong commitment to the legal protection of children’s right. by ratifying The Convention of the Right of The Child according to the Constitution of the Republic of Indonesia Number 10 of 2012 about the Child Convention.  For that reason, Indonesia should do harmonization to the relating laws of children’s rights protection, especially to the children’s right caused by divorce of their parents. However, harmonization or unification to international law ideally should pay attention to the values of justice that grow and develop as the nation values, or ‘volkgeist’ of Indonesia people that sourced from Pancasila. DOI: 10.7176/JLPG/93-05 Publication date: January 31st 202

PERGESERAN MODEL BISNIS KANTOR HUKUM DI ERA DISRUPTION

Arus globalisasi dan liberalisasi serta perkembangan teknologi informasi harus diantisipasi olehsetiap kantor hukum. Terlebih dengan perkembangan teknologi informasi yang demikian masif, dimana kondisi seperti itu sering disebut sebagai era disruption artinya pengembangan teknologi informasi pada suatu industri berpotensi menggantikan pemain-pemain lama dengan yang baru. Pada era disruption, teknologi lama yang serba fisik akan tergantikan dengan teknologi digital yang menghasilkan sesuatu yang benar-benar baru, lebih efisien dan juga lebih bermanfaat. Demikian juga dalam pengelolaan kantor hukum, setidaknya ada dua inovasi yang harus di kembangkan   yakni legal service and legal process. Untuk mewujudkan legal process yang efektif dan efisien dapat ditempuhdalam dua langkah yakni pengembangan Knowledge Management Systems and Knowledge Management Technology. Dalam perspektif model bisnis kantor hukumpada era disruption, selain pengembangan legal processberupa Client Portal, Sistem Informasi dan Virtual Data Room juga perlu pengembangan electronic document and records management systems (”EDRMS”).Pengembangan EDRMS juga dilakukan guna mengantisipasi penerapan Administrasi Perkara Di Pengadilan Secara Elektronik (e-Court) yang diberlakukan berdasarkan Peraturan Mahkamah Agung Republik Indonesia Nomor 1 Tahun 2019. Selanjutnya sistem informasi yang telah dikembangkan perlumendapatkan perlindungan hukum melalui pendaftaran Hak Kekayaan Intelektual dalam bentuk Hak Cipt

Harmonization of Legal Principles for Regulating Children's Rights in Indonesia

Legal harmonization in the form of changes to existing regulations creates harmony with international agreements. This can occur between countries or through mandates from supranational institutions and it is very common in this modern era. Indonesia is a civil law system adherent, so ideally legal harmonization is determined by the rule of law. Likewise, regarding the fulfillment and protection of children's rights as legal rights which are part of Human Rights, Indonesia as part of the international community has ratified The Universal Declaration on Human Rights and Convention on the Rights of the Child. This research is a normative legal research and the approach used in this research is a conceptual approach and a statute approach. As a consequence, Indonesia must harmonize laws and regulations, especially those related to the protection of children's rights, so that uniformity or meeting points can be found in fundamental and universal principles, especially the principle of the best interests of the child, as a primary consideration in The Convention on the Rights of the Child. Keywords: Harmonization, Regulation, Principles, Right of the Child DOI: 10.7176/JLPG/139-11 Publication date: February 28th 202