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

Session: Private and Commercial Law, Land Law, Intellectual Property Rights Law

25 articles
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

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

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

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....