Proceedings of the 1st International Conference on Indonesian Legal Studies (ICILS 2018)

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58 articles
Proceedings Article

Democracy, Militancy, and the Challenge of Interfaith Engagement in Contemporary Indonesia

Sumanto Al Qurtuby
This paper will examine religious radicalism and violence as well as the challenge for democracy, interreligious dialogue and civic pluralism in modern Indonesia. The presentation of both “radicalism” and “pluralism” aims at fully understanding problems being faced by present-day Indonesian people, as...
Proceedings Article

State and the Protection of the Minority Rights in Indonesia: The Case of the Ahmadi Group

Dani Muhtada
This paper focus to answer the question about why the central government and some governments at provincial and municipal levels produce policies that discriminate against the Ahmadi people, despite the fact that freedom of religion is guaranteed by the constitution and the fact that Indonesia is currently...
Proceedings Article

Professional Legal Ethic in Australia

Reid Mortensen
This paper is a short account of the deep moral structures of Australian legal professions. In attempting to understand how the ethics of any legal profession compare with those of other countries’ professions, the social, political and historical foundations of the profession help to explain the moral...
Proceedings Article

Comparative Constitutionalism in the Southeast Asia-Pacific Region: Is a Unifying Telos Possible?

Vanitha Sundra-Karean
What is ‘constitutionalism’ and is a comparative study useful? ‘Constitutionalism’ may be described as a principle or ideal in constitutional and administrative law, which prescribes limitations on state power. Why are limitations on state power important? The short answer to that question is as stated...
Proceedings Article

New Concept of Property Right on Land: From the View Point of Sustainability

Yoshiki Kurumisawa
The great transformation from industrial to sustainable society is one of the most important challenges today. ‘Sustainability’ is a key concept to constitute the society of the 21st century. The modern legal system, which has operated as an infrastructure of industrial society, must adapt itself to...
Proceedings Article

Constitutional Law: An Overview of the Islamic Approach and Its Contemporary Relevance

Abdul Samat Musa
Constitutional law (al-fiqh al-dusturi) is one of the important aspects of shariah. However, it has not been given due elaboration by Muslim jurists and modern scholars, unlike other branches of Islamic law. Its potentials have not been fully explored and developed for the practical purposes in a modern...
Proceedings Article

The Role of Police to Reduce and Prevent Cyber-bullying Crimes in Indonesia

Abdul Sakban, Sahrul Sahrul, Andi Kasmawati, Heri Tahir
The impact of cyber-bullying crime causes victims to be harassed, intimidated, threatened, insulting someone else's self-esteem resulting in hostility between them both through the internet medium. This phenomenon is interesting to explain in depth. The goal to be achieved in this article is to explain...
Proceedings Article

Implementation of Participation Theory in Legal Transmission Determining the Fault of Corruption Criminals

M. Musa
Participation theory in criminal law is a theory used to determine the classification of perpetrators' acts and faults involved in criminal acts. Legal reasoning to determine the actions and faults of participating in corruption is implemented the judge in the process of proof in court. Participation...
Proceedings Article

The Law Enforcement of The Abuse of Alcohol With Methanol Mixture

Sri Wulandari, Bambang Teguh Handoyo
Most of Indonesians consume alcohol/liquor. Ironically many people mix the liquor with variety of drinks or drugs with hazardous materials (methanol) so the effect is more intoxicating with cheap price which can affect the physical, spiritual and social behavior of a person until death. Liquor cases...
Proceedings Article

The Potential Dissemination of Radicalism Ideology of Islamic State of Iraq and Syria (ISIS) in Higher Education

Muhammad Azil Maskur
Indonesia is the largest Muslim country with the largest quantity in the world. This fact makes all organizations that struggle for establishment of the Islamic Caliphate (khilafah islamiyah) considering Indonesia as main target. One of the world's concerns today is the threat of Islamic State of Iraq...
Proceedings Article

The Riau Society’s Understanding and Philosophical Basis of Law on the Implementation of the Death Penalty

R. Mukhlis
The implementation of juridical death penalty has been regulated in law no. 2 year 1964; about the procedures of criminal implementation dropped by courts within the General and Military courts. In reality the implementation of law on the implementation of death penalty is still disputed. The debate...
Proceedings Article

Practices of Penalty Imposition by Judge under Minimum Limitation in the Context of Justice

Ramiyanto Ramiyanto
A special minimum penalty is a penal provison that used in a special law which formulation determines minimum limits. Although the law has specified minimum penalty limits, in practice there has been penalty imposition by a judge below the specified minimum threshold. The question is “Can the judge impose...
Proceedings Article

The LGBTIQ in Perspective of Criminal Law and Christian Doctrine: The Problem of Law and Morality

Yanti Amalia Lewerissa, Rolland A. Samson
LGBTIQ behavior raises pros and cons in society. The purpose of this study is to analyze LGBTIQ behavior from the perspective of Criminal Law and Christian Doctrine related to the issue of law and morality. The research method used is juridical legal research using a statute approach and a conceptual...
Proceedings Article

The Handling Model for the Victims of Terrorism in Australia and Indonesia: A Comparative Study

Ali Masyhar, Dani Muhtada Rodiyah
The Bali Bombing of October 12, 2002 left a long-standing trauma for the victims as well as the families of the victims. Bali Bombing was really phenomenal, not only because it hit two objects at once, but also the number of the victims was quite fantastic – that is, 203 people. Although it has been...
Proceedings Article

The Criminal Responsibility on the Under Age Children Exploitation in Indonesia

Aras Firdaus
Crimes that occur in the community consist of various forms that develop according to the times. One of the crimes that often occur around us is the exploitation of children. It is prohibited by legislation in Indonesia. In Article 13 of Law Number 35 of 2014 concerning Child Protection, it is stated...
Proceedings Article

Corporate Civil Airlines Criminal Responsibility against Theft of Passengers Luggage in Terms of the Aspect of Criminal Law Indonesia

Benny Sumardiana
Air transportation has a place in the hearts of the people, As a major transportation. Airline offers a lot of facilities that can be enjoyed passengers. The facilities are all about comfort in flight And its land crew service facilities. But, among the various strengths there is one community concerns...
Proceedings Article

The Pro Bono Publico Prodeo Legal Aid System Model for the Poor Society in Indonesia

Cahya Wulandari
The poor people who are dealing with the law are guaranteed by the constitution to get free legal assistance. This followed up through several regulations that became the basis for legal aid providers to give legal assistance. However, from the provision of legal aid there is no uniformity in the model...
Proceedings Article

The Rohingya Refugee Crisis: Legal Protection on International Law and Islamic Law

M. Alvi Syahrin
The news relating to Myanmar Rohingya minority refugees attracted international attention, after hundreds of boatmen fled Myanmar and were stranded in Aceh. According to the United Nations report until December 2017, the number of Rohingya refugees reached 515,000. The number is increasing considering...
Proceedings Article

Criminology Studies and Social Control Perspective to the Trend of Children Infringing Law in Indonesian Society

Indah Sri Utari
In general, the occurrence of child mischief in the community environment, closely related to the contemporary reality faced by the child. One example of a distorted child's behavior is the sexual violence committed by children to children, where the condition is much encouraged by the ease of accessing...
Proceedings Article

The Agricultural Land Conversion: Finding the Legal, Social and Economic Impacts

Agita Chici Rosdiana, Ghina Elmira, Ricky Adhitama
The development of land needs in Indonesia is always increasing every year, this of course happens because of the various interests that require land as a primary need and in fact the land has a fixed nature with human population and the need for land is increasing, making land prices more expensive....
Proceedings Article

The Status of Children Born Out of Wedlock in Indonesian Context with Special Reference to Their Inheritance Right Perspective of Maqasid Al-Shariah

Zaenul Mahmudi
The discourse on the right of children born out of wedlock, especially concerning their rights towards their biological fathers is a hot topic triggering heat debate among scholars. Orthodox Muslim scholars had unanimous opinion denying their lineage towards their fathers while human right activists...
Proceedings Article

Conversion of Agricultural Land and the Threat of Food Sovereignty in the Perspective of Law and Democracy (Case Study in Bandungan and Ambarawa Indonesia)

Tirta Mulya Wira Pradana, Bagus Edi Prayogo, Indah Mutiara Dewi
The country of Indonesia is an agrarian country and an archipelagic country with a vast land area of 1,890,754 km2 based on the results of the Round Table Conference (KMB) and has the potential of numerous islands scattered throughout the archipelago with a total of approximately 17,500 according to...
Proceedings Article

Reflection of Legal Philosophy in Industrial Society

Nunik Nunik Nurhayati, Absorbi Absori, Rohmad Suryadi Suryadi
This article aims to discuss the reflection of legal philosophy in industrial society and the legal concept that can bring Indonesian people into the third wave characterized by civilized industrial societies. The research method used in this paper is library research. Indonesia's transformation from...
Proceedings Article

Consumer Protection on Telecommunication Services Prepaid Card in Indonesia: The Complicated Condition on Laws and Practices

Muhammad Afifudin Aziz, Nurul Fibrianti
The result of this research indicates that the use of personal data by the Telecommunication Services Provider has been through procedures in accordance with the provisions of Regulation the Population Administration Act and the Regulation of the Minister of Internal Affairs Number 61 of 2015; The result...
Proceedings Article

Company’s Responsibility on Corporate Social Responsibility (CSR): Legal Arrangements and Their Consequences in the Sectors of Economics and Environment in Indonesia

Resky Gustiandi Candra Imansyah, Absorbi Absori
Every company in Indonesia has an obligation to carry out a social and environmental responsibility, or on the other words it is known as Corporate Social Responsibility (CSR) as regulated in Law Number 40 of 2007 which concerns on ‘Limited Liability Companies’. The problem that arises is that when the...
Proceedings Article

Optimizing the Authority of Indonesia Customs in Legal Protection of Intellectual Property Rights

Yoga Mahardita, Kholis Roisah
The Indonesian Government has issued Government Regulation Number 20 of 2017 which regulates the authority of customs in enforcing intellectual property rights. Although the legal framework for the protection of intellectual property rights has been strengthened, but the counterfeit and piracy of intellectual...
Proceedings Article

Trade Secrets in Indonesia: How Can We Protect Them?

Andry Setiawan, Dewi Sulistianingsih
IPR (Intellectual Property Rights) provide explicit choices for intellectual property owners to register their works or not. The logical consequence of making the registration is that the right owner can demand legal protection. However, it’s quite different from a trade secret, having its own characteristics,...
Proceedings Article

Legal Protection of Traditional Cultural Expression as a Regional Asset in Yogyakarta

Dyah Permata Budi Asri
Cultural protection in Yogyakarta is very important due to its various cultures as well as source of local income, especially in culture-based tourism sector which becomes a leading sector in Yogyakarta. However ownership of these cultures has potency to be utilized and claimed without legitimate rights...
Proceedings Article

The Effectiveness of Law Enforcement against Violations of the Law on Prohibition of Monopolistic Practices and Unfair Business Competition

Raden Murjiyanto
In order to create an economic condition with good business governance, on March 5, 1999 promulgated Law number 5 of 1999 concerning The Prohibition of Monopolistic Practices and Unfair Business Competition, which is legalized effectively on March 5, 2000. It has also been followed by the establishment...
Proceedings Article

Sharia Banking Opportunities and Challenges in the Digital Era

Baidhowi Baidhowi
The Indonesian government in the era of President Joko Widodo had a big vision in the digital economy sector. Jokowi is targeting Indonesia in 2020 to become the largest digital economic power in ASEAN, with e-commerce transaction projection values reaching 130 million US dollars. Indonesia's population...
Proceedings Article

Land Use of Protected Areas in Indonesia: Between the Legal Provisions and Law Enforcement

Tri Andari Dahlan, Farena Ekky Dwi Gina Asikin
Land requirement increases in line with populations of living things which makes the availibility of land limited. Excessive land use by ignorng environmental concerns will lead to slums that often occur in riparian zone, including Indonesia. The Comal River is the longest river in Pemalang Regency and...
Proceedings Article

Juridical Review of the Existence of Bengkok Land in Indonesian National Land Law

Rofi Wahanisa, Aprila Niravita, R. Benny Riyanto
The change of village into urban village (kelurahan) has an impact on the community, especially the people in the village area that experienced the change. The authority of the village as a unit of law society that has the right to regulate its own interests based on customs that have been going on for...
Proceedings Article

Protection Model of Workers’ Social Security for Participants of Non-Wage Recipients in Semarang

Tri Sulistiyono
Social security is extremely necessary for every citizen as stipulated in article 28 H paragraph (3) of the 1945 Constitution, particularly for informal workers of non-wage recipients (BPU) in small scale, because there will be no employers responsible for financially helping just in case accidents occur....
Proceedings Article

Potential of Batik Semarang in the Protection of Industrial Design in the Perspective of Law Number 31 Year 2000

Rindia Fanny Kusumaningtyas, Aditya Wibowo
Batik is one example of art and culture that has a distinctive motif from various regions in Indonesia, and “Semarang Batik” is one of them. “Semarangan Batik” is one of batik art. It is preserved and it is must be protected by legal law because Batik is one of Indonesian’s culture heritage. “Semarangan...
Proceedings Article

The Implication of Visa-Free Policy for Foreign Labors in Indonesia: Legal and Economic Impacts

Ruth Caroline R.A. Silalahi
Globalization does not only cause a rapid rotation of investment and information, but it also affects labor issues. In discontinue economic rollout and continue the economic development, the most important foundation that has to be highlighted is that all efforts must be based on the capabilities of...
Proceedings Article

Comparison of Trademark Laws as Fiduciary Guarantee Objects

Anis Mashdurohatun, Gunarto Gunarto
With the increasing of goods and services, in line with the increasing of national economic growth. Some of the countries which the economic activity and trade is no longer rely on products derived from natural resources, but rely more on human intellectual ability, especially products of intellectual...
Proceedings Article

Civil Rights Conservation of Female Correctional Facility Inmates in Semarang

Dian Latifiani
Human as legal subject is a supporter of rights and obligations from living birth to death. Not all legal subjects can perform legal acts, however, only those capable of the law can do so. When it comes to law, nothing can hold back the civil rights. Article 3 of the Civil Code reads that there is no...
Proceedings Article

The Protection of Indonesian Batik Products in Economic Globalization

Dewi Sulistianingsih, Pujiono Pujiono
Batik is one of Indonesia’s cultural heritage whose existence has been recognized by UNESCO since 2009. It has become the identity and characteristic of Indonesia that needs to be preserved and developed. Indonesian people can preserve it by recognizing its products’ existence and conducting development...
Proceedings Article

The Acceleration of Simple Patent: How We Optimize Technology on Indonesian Intellectual and Property Rights Law (Study on Central Java, Indonesia)

Waspiah Waspiah
Problem of intellectual and property rights in Indonesia, as well as Patent, become very important issue that not only affected to the economic development but also to law enforcement and legal area. Laws and regulation in Indonesia before Law No. 14 of 2001 concerning to Patent not directly distinguished...
Proceedings Article

Harmonization of Regulation on Land Acquisition For Infrastructure Development with Public-Private Partnership Scheme In Indonesia

Suhadi Suhadi
Regulations on land acquisition for infrastructure development for public purposes built with public-private partnership schemes have not been harmonized. In regulations on public-private partnership in infrastructure development, land acquisition is organized by the government, including land acquisition...
Proceedings Article

Logical Fallacy Decision the Indonesian Constitutional Court Confirmed Status Quo through Presidential Threshold 2019

Zulfikar Ardiwardana Wanda
Indonesia is a country that embraces the democratic system that kind of its implementation is realized in organization of a general elections every five years. In welcoming the simultaneously general elections in 2019, Lawmakers validate Law No. 7 Year 2017 on The Simultaneously Executive and Legislative...
Proceedings Article

The Role of Government in Destruction Actions under the Theme of Environmental Utilization

Vica Jillyan Edsti Saija
Desire to maximize all resources makes people try by all means and effort, from the most difficult to the easiest one to get abundant results. The original reason of fulfilling the needs of life then gradually became the desire to exploit more for unlimited wealth. This paper studies about government's...
Proceedings Article

The Election Position of Governor and Vice Governor of Yogyakarta Special Region in the Perspective of Pancasila Democracy in Indonesia

Martitah Martitah, Slamet Sumarto
The election of the Governor and/or Vice Governor directly in the democratic system in Indonesia faces great challenges. In the context of the Special Region of Yogyakarta, direct elections contradict the legal historical election of Governor and Vice Governor carried out from generation to generation...
Proceedings Article

The Obstacles of Legal Structures on State Administrative Courts in Resolving the Permits of Forest Utilization

Francisca Romana Harjiyatni, Ishviati Joenaini Koenthi
The State Administrative Court is an institution that has the function of resolving state administrative disputes. One of the disputes settled by the State Administrative Court is a dispute on forest use permits. In solving the dispute on the permit of forest utilization of the State Administrative Court...
Proceedings Article

The Urgency of Principle of Good Governance in Environmental Protection and Management: Case Study of Sepat Reservoir Surabaya

Nabillah Amir
Transfer of Land Functions in Indonesia increasingly shows a graph of rapid increase even uncontrolled, mainly in the conversion of agricultural land into residential land. Increased settlement needs are based on an increase in the population of an area, as happened in the city of Surabaya, the conversion...
Proceedings Article

State’s Responsibility for Law Enforcement over Forest Fires in Indonesia (A Case Study on Forest Fires in Riau and Kalimantan

Rachmad Syafa'at, Arin Liemanto
In 2018, both Riau and Kalimantan account for the highest number of forest fire incidences in Indonesia. This massively has impacts on society, environment, and economy. Arson done by big companies seems to be one of the contributing factors for the sake of economy. This research is aimed to analyse...
Proceedings Article

Social Order Aspects in the Law Enforcement Efforts to Overcome Conflicts of Freedom of Religions and Beliefs

Rini Fidiyani
Indonesian is based on the vision of Bhineka Tunggal Ika (Unity in Diversity) and the national principle, Pancasila was designed and is found throughout the history by all of the nation founding fathers. The vision has brought the diversity of people from various aspects into unity, one of which is the...
Proceedings Article

Community Participation as a Constitutional Awareness of Democracy Development in Digital Era

Anna Triningsih, Oly Viana Agustine
Indonesia is one of the constitutional democratic countries that guarantees the protection of every citizen to express opinions, association and assemble. Freedom and openness are important means of creating public participation in the development of democracy in Indonesia. Community participation is...
Proceedings Article

The Implementation of E-Government in the Context of Good Governance on Judicial Sectors in Indonesia

Jeanny H.V. Hutahuruk
At the judiciary, e-Government has started with the initiative launched several years ago. The Implementation of e-govern in the judiciary began running, the prospect was also considered good. This study aims to determine the obstacles and implementation of e-Government to realize good governance in...
Proceedings Article

Reformation of the Administration of Village Government in Indonesia Based on Law Number 6 of 2014 on Villages (Comparing Normative and Empirical Facts on Villagers Participation)

Rodiyah Rodiyah
The Implementation of Village Government in Indonesia is based on Law Number 6 of 2014 on Village (Village Act). This law mandates ten percent of the State Revenues and Expenditure Budget (ABPN) channeled to the Village. The funds are considered important and necessary as a form of central government...
Proceedings Article

The Implementation of Problem Based Learning Method in Indonesian Law Education

Saru Arifin
The legal system in force in Indonesia adheres to the tradition of written law or civil law system. In the tradition of civil law, legal education process organized by the teaching of legal theories as its trademark. By contrast, in the tradition of the common law, legal education is done using the case...
Proceedings Article

Position of Belief in the Status of Freedom of Religion and Belief Based on the International Law, National Law, and Islamic Law

Rohmat Rohmat, Siti Khoerunnisa, Regita Prameswari
Indonesia is a country with a diversity of plural residents embraced and run in accordance with religious worship and beliefs adhered. However, differences of religion and belief this trust is often the one thing triggers conflict society that could be a potential disintegration of the nation. Community...
Proceedings Article

Reorientation of Tax Legal Certainty in Indonesia: An Exploration of Transcendental Law

Henry Dianto Pardamean Sinaga
As the constitution has affirmed that Indonesia is a law state based on Belief in the One and only God, so that Indonesia has sovereignty in regulating its tax law transcendentally. However, the domination of the law in books tradition in taxation, as the characteristic of positivism paradigm and modern...
Proceedings Article

Policy of Land Registration Oriented in Social Justice in Indonesia

Sri Suhendiningsih, Suteki Suteki, Sukirno Sukirno
Sociologically, land registration is highly demanded in relation to the growing economy of the people and the national economy. In relation to these advances the demand towards legal certainty is increasingly felt. This certainty is one of them manifested by the land certification. Recognizing the demand...
Proceedings Article

The Indonesian Traditional Healer Accountability in the Law and Culture Perspectives

Prilian Cahyani
The aim of this study is to analyse the Indonesian traditional healer accountability in the law and culture perspectives. The traditional healing has been existed in Indonesian since many years ago. Moreover, they are known as part of Indonesian tradition because they are developed over generations....
Proceedings Article

Democracy and Election of Governors, Regents and Mayors in the Unitary State of the Republic of Indonesia

Galang Taufani
Articles 18 paragraph (4) of the Constitution of Republic Indonesia 1945 (hereafter mention the Constitution of 1945) said that the governor, the regent and the mayor each as head of province, district and city, that choosen democratically. For the phrase “choosen democratically”, the law number 22 of...
Proceedings Article

Effect of the Online Transportation against Conventional Transportation and User of Transportation Services in Semarang Poncol Railway Station, Indonesia (Legal and Economic Perspective)

Kholidah Romli, Shania Correlly Noor Sabila, Farhan Farhan
At this time, public transport is something that cannot be separated from everyone. Public vehicles that have very important components, as well as in development, as well as the center of the economic movement in the city. One of the most effective and efficient public facilities is motorcycle taxi....
Proceedings Article

The Protection of Illegal Immigrants under Indonesian National Law and International Law

Anis Widyawati, Ridwan Arifin
War around the world affected in many human aspects, not only in economic, education and social, but also to law and justice, as well as human rights protection. Immigrant in the global context was protected by International Convention under International Law Regime. The immigrant should put at the same...