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The pandemic and the social distancing policy did not prevent the Faculty of Law of the Universitas Islam Indonesia from continuing to work. FH UII held an Seminar on International Journal Publication, on Tuesday (07/28-2020), as a manifestation of the commitment to achieve acceleration professor program. This seminar is held in a hybrid, which is a combination of online and offline methods, with due regard to strict health protocols. The seminar was attended by lecturers through the Zoom application and guided by the committee directly from the VIP Conference Room, Faculty of Law, Universitas Islam Indonesia. This seminar presented speakers, namely Prof. Dr. Tulus Suryanto, S.E., M.M., A.kt., C.A., CMA., CERA., ACPA., And Yuli Andriansyah, S.E., M.Sc.

The event was opened by the Dean of Faculty of Laaw, Dr. Abdul Jamil, S.H., M.H. In his remarks, Dr. Abdul Jamil explained that this seminar was a form of Faculty of Law’s commitment in supporting and implementing the professor acceleration program for its lecturers. According to Dr. Abdul Jamil, the committee initially planned a two-day offline training activity for lecturers. However, a pandemic outbreak forced these activities to not be carried out. Instead of being fully cancelled, Faculty of Law remains committed to carrying out activities in different forms and concepts, through seminars that utilize a hybrid system.

Dr. Abdul Jamil himself gave remarks and opened the event directly from his office in the Faculty of Law Building. Even though the committee was in one building, the number of people in the room was taken into consideration in the holding of this seminar. “We limit the number of participants (in the room), up to five people,” explained the Head of the Organizing Team, Dodik Setiawan Nur Heriyanto, S.H., M.H. Faculty of Law itself still applies policies to work and lectures from home. However, the enthusiasm of the lecturers in participating in this activity seemed unshakeable. The seminar was attended by dozens of FH UII lecturers through the Zoom Meeting Platform.

The first speaker, Prof. Tulus Suryanto gave his material presentation on tips on how to publish in internationally reputable journals. Through Zoom from Lampung, Prof. Tulus Suryanto explained how important research and publications are for lecturers. According to him, research and publications are common in the academic world, even before someone becomes a lecturer. However, lecturers often find it difficult to sort out the research that has been done. “Like we have a tree that has a lot of fruit, but we have difficulty to collect the fruits”. According to Prof. Tulus Suryanto, often lecturers assume that publication is the main thing. In fact, according to him, research is more important than publication. “Publication is the result of good research work, good research work is certainly accepted in good publications,” he said. According to him, the publication process is very important to maintain the scientific elements in a work. “Why should we publish it and why should it be in a reputable journal? Reputable journal publication is a scientific stage called peer review with scientific processes. This peer review is important through the stages of editing”, he said.

The second speaker, Yuli Andriansyah, explained more about the practice to participants: about the use of the Mendeley. Yuli Andriansyah practically provides training to lecturers on the use of Mendeley in manuscripts. Apparently, there are still many lecturers who do not know about Mendeley. Even though Universitas Islam Indonesia itself has subscribed to Mendeley as a facility for its civitas academia. “The Mendeley application has been subscribed to by Universitas Islam Indonesia so that it can have greater capacity and features,” said Yuli Andriansyah.

This hybrid seminar program was positively appreciated by the lecturers. However, this hybrid method is still considered less effective. The lecturers hope that in the future similar training can be held as a continuation of activities using the offline method. Of course, this can only be done if conditions return conducive. “Hopefully the pandemic will end soon and the teaching and learning activities will return to normal,” Dodik Setiawan said.

 

 

Prof. Dr. Sefriani, S.H., M. Hum. inaugurated as Professor of International Law at the UII Senate Open Session, at the Auditorium Prof. Dr. Abdulkahar Mudzakkir, Saturday (1/12). Prof. Sefriani delivered a scientific speech entitled Earthing and Utilizing International Law: the BIT model for Indonesia.

In her speech, Prof. Sefriani said that the international legal product that should receive extra attention and provide benefits for all Indonesian people is the Bilateral Investment Treaty (BIT).

According to her, so far it has been realized that BIT is an asymmetrical agreement, not balanced in regulating rights and obligations between capital exporting countries which are generally developed countries with capital importing countries which are generally developing and underdeveloped countries. Both of these groups have different interests.

Prof. explained Sefriani, for exporting countries capital BIT is a protective instrument of all risks as well as political and legal uncertainty in the importing country. Therefore the classic BIT always contains the investor protection clause complete with a dispute settlement mechanism which is commonly referred to as the Investor-State Dispute Settlement (ISDS). Where foreign investors can directly bring the case to the arbitration panel.

“This panel has the authority to decide the loss that must be paid by the host if it finds a violation of the protection clause guaranteed by the BIT,” said Prof. Sefriani who is the 16th Professor at UII.

She added, as for the capital importing country, the existence of BIT is an instrument to attract investment in her country. Dependence on foreign investment makes the capital importing countries including Indonesia.

In her speech, Sefriani conveyed several recommendations for the Indonesian BIT model. First Protection of investment and liberalization must not sacrifice the interests of the state in making policies in the public interest. Second, the new BIT should guarantee the absence of a denial of justice for investors.

Furthermore, the third, the new BIT should revise the definitions of terms such as investment, Fair and Equitable Treatment (FET), expropriation that has been provided with a very open and open opportunity to be interpreted very broadly. Fourth, the new BIT should contain the obligation clause of foreign investors, not just the obligations of Indonesia as the host.

“Fifth, the dispute resolution mechanism in the new BIT should with certain conditions such as consent in writing and must be carried out through a separate agreement (SWA). Sixth, the possibility of establishing a new Investor-State Dispute Settlement (ISDS) in addition to the International Settlement Investment Dispute (ICSID) and UNCITRAL, ” she explained.

Prof. Sefriani said, as acknowledged by the Investment Coordinating Board (BKPM), was one of the causes of the Indonesia-foreign investor dispute at the ISDS forum because of a lack of understanding of the obligations arising from BIT in various executive, legislative and judicial elements at the central and regional levels.

Therefore, it is very important to ground international law on this beloved Indonesia, so that Indonesia can use international law for foreign parties for the benefit of Indonesia. “It’s not the time for Indonesia to only be an object, where foreign parties use international law for Indonesia for their interests,” said Prof. Sefriani.