Proceedings of the 2nd International Conference on Indonesian Legal Studies (ICILS 2019)

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44 articles
Proceedings Article

Good Governance: A Norm for the Administration or a Citizen’s, Right?

Henk Addink
The central issue of our article is: can principles of good governance be regarded as norms for the administration or is it a citizen’s, right? The underlying issue is the mutual relation between both types of requirements regarding good governance and whether we will be able to express our preference...
Proceedings Article

An Argument against Registration of Religions

Jeremy Patrick
The paper examines how is the perspective of freedom of religion and human rights, the official registration and recognition of religious groups is inevitably problematic in democratic societies. Several arguments against the practice follow, but many share a common theme: scepticism of government power....
Proceedings Article

The Future of Islam and Democracy in Indonesia: An Insight from Outsider

Onanong Thippimol
Islam and democracy do not go along well due to Islam’s principle does not support secular state. In the past Indonesia did not have this problem at least during the New Order era. However, the rise of Islamism after the end of Suharto regime leads to the anxiety of the turn of conservative Islam. Even...
Proceedings Article

The Urgency of Codification of Criminal Law Regulation on Providing Legal Certainty in Indonesia

Anis Widyawati, Amarru Muftie Holish
Codification is a form of modern law that exists today, codification indicates that a law has been terbukukan in an official rule book to an authority which is a state law. The criminal law is a branch of law that is central at the same time is extremely important to be codified, the current criminal...
Proceedings Article

The Roles of The Indonesian National Arbitration Board (BANI) in Resolving Intellectual Property Disputes

Dewi Sulistianingsih, Pujiono
Intellectual property disputes may arise from intellectual property violations and they afflict the intellectual property owners. The disputes can be due to violations of the owner’s economic or moral rights. Intellectual property rights disputes that occur in Indonesia are generally resolved in the...
Proceedings Article

Alternative Dispute Resolution as Soft Approach for Business Dispute in Indonesia

Ayup Suran Ningsih
Alternative Dispute Resolution (ADR) is one solution that can be used as a solution by people in resolving their civil disputes. The dispute that often arises today is related to capital or loans. People need to fulfill their needs for life, either in the form of personal needs or the need for business...
Proceedings Article

Transitional Function Conflicts of Protective Forest into Conservation Forest between Communities and Government

Ubaidillah Kamal, Nurhayati
Indonesia is one of many rich countries with its natural resources, especially in the wealth of forest resources. Although different numbers have been reported by some sources, all agree that currently Indonesia has at least 50-60 million hectares of natural forest. Taman Hutan Raya (Tahura) Wan Abdul...
Proceedings Article

The Ideal Relationship between Legal Knowledge and Actual Legal Actions in Indonesia

Arif Hidayat, Pujiono, Laga Sugiarto
Rule of law refers to a principle of governance in which all persons, institutions and entities, public and private including the state itself, are accountable to law are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms...
Proceedings Article

Mineral Stone as a Natural Resource in the Protection of Geographical Indications Based on Law Number 20 of 2016 concerning Trademarks and Geographical Indications

Rindia Fanny Kusumaningtyas, Sang Ayu Putu Rahayu, Aditya Wibowo
Geographical Indication as one of the Intellectual Property fields gets protection based on Law Number 20 of 2016 concerning Trademarks and Geographical Indications with implementing regulations Government Regulation No. 51 of 2007. The protection coverage is more clearly regulated in relation to Natural...
Proceedings Article

The Phenomenon of Child Labour: Causes, Consequences, and Protection under Indonesian Law

Tri Sulistiyono, Lowrenszya Siagian
The term of child Labour can have the connotation of exploiting young children for their Labour, with a small salary or consideration for the development of their personality, safety, health, and prospects. Children underage that was employed is wrong even if employment is one of an essential part to...
Proceedings Article

The Citizen’s Rights to Water in the Era of Autonomy Government

Martitah, Saru Arifin
The right to water is a fundamental right for every citizen guaranteed by the constitution. This is because water has a very important function in supporting the survival of everyone. In the Indonesian constitution, it is stated that water is controlled by the state and is used for the maximum welfare...
Proceedings Article

Legal Protection for Children as Victims of Sexual Crime: Between Challenges and Expectations

Children are the budding, potential, and younger generation to succeed the ideals of the nation's effort to have strategic roles, special characteristics and traits that they must be protected from all forms of inhuman treatment, abuse and discrimination leading to violations of children's human rights....
Proceedings Article

Education Model in Children Prison Institutions and Social System of Children's Criminal Community

Indah Sri Utari, Benny Sumardiana, Diandra Preludio Ramada
The purpose of this study basically is to find a comprehensive development model in the community of fostered children in the Kutoarjo Penitentiary. It was directed in the desire to describe the existence of the norms, values and goals of the informal community of foster children built from the community...
Proceedings Article

The Consumer Protection toward the Public Transportation Service of Bus Rapid Transit for the Disabilities in Semarang City

Khoirul Sulistiyo Saputro, Nurul Fibrianti
BRT Trans Semarang is a road vehicle designed to carry passengers from one place to another. BRT Trans Semarang offers eminent features and infrastructures than other kind of transportations. Despite the improvement, the features and infrastructures still had numerous drawbacks especially when it comes...
Proceedings Article

Utilizing the Local Wisdom Values in the Disputes Settlement of Social Media for Building National Laws in the Paradigm Post Truth

Rini Fidiyani, Andry Setiawan
Interaction between individuals and society is a basic requirement in social life. The interaction process does not always run smoothly and harmoniously. Occasionally, conflicts of interest and differences of opinion are loaded which become a stage of dispute. Disputes can be found in almost every theme...
Proceedings Article

Cooperation Pattern Utilization Hak Pengelolaan (HPL) Between Government and Private Parties

Tri Andari Dahlan, Puput Agustin Paramita
This article presents an overview of land use Hak Pengeloaan (HPL) by the government in cooperation with third parties or private parties. The authority holder HPL provided by Regulation Legislation by using HPL for the purposes of conducting its business or hand over parts of land to other parties form...
Proceedings Article

Trademark Legal Protection against SMEs in Enhancing Global Competitiveness Based on the values of Pancasila

Anis Mashdurohatun, Gunarto
The brand, or in the other name of condition, is a name or symbol that distinguishes (either in the form of a logo, stamp / packaging) to identify the goods / services from a seller / group specific seller. And Trademarks is a tools which will be used on goods traded by a person, or persons jointly...
Proceedings Article

An Analysis of Defeated Single Candidate of Indonesia’s Simultaneous Regional Elections 2018

Febrian, Iza Rumesten RS, Lusi Apriyani
Regional election which was held on 2018 has some uniqueness. First, there were many single candidates who compete with empty ballot. Second, there were single candidates in several regions. Third, empty ballot won over single candidates. The last phenomenon is the most interesting to the public because...
Proceedings Article

The Importance of Money Market Reconstruction in Indonesia

Paramita Prananingtyas
Money market is very important in order to provide the need of capital for public and private institution. Indonesian money market still need a strong, clean, efficient and effective structure in order to be able to perform its mission. A good money market structure will become a strong source for capital,...
Proceedings Article

The Reality of Spreading Hoaxes on Social Media: A Sociolegal Approach

Aditya Yuli Sulistyawan, Sekar Anggun Gading Pinilih
This study aims to examine how the legal review of the spread of hoaxes in Indonesian positive law? and how does the impact of the hoax spread in the community as a sociological study? This research is qualitative research, with a socio-legal approach. This approach was chosen because researchers want...
Proceedings Article

Product Responsibility Lawsuit and Act No.8 of 1999 Concerning Consumer Protection

Rifkiyati Bachri, Yunan Prasetyo Kurniawan
The principle of product responsibility is a legal instrument that is intended to provide assurance of the guarantee of consumer rights, especially for the right to safety, health, and the right to compensation. This regulation is indispensable due to regulation of production control (quality control...
Proceedings Article

The Benefits of the E-Traffic Ticketing (E-Tilang) System in the Settlement of Traffic Violation in Indonesia

Sri Endah Wahyuningsih, Muchamad Iksan
The use of technological development has an impact on the settlement of traffic violation cases to replace the manual ticket system. With the E-traffic ticket system, the drivers violating the traffic will be recorded through the application of the police. The purpose of this study is to analyze the...
Proceedings Article

Legal Environmental Action Aspects, Based on Environmental Conservation, According to Law 32/2009 Concerning Protection and Management of Environment

Oheo K. Haris, Syahbudin
This research aims to theoretically analyze the description of criminal provisions of Law 32/2009 concerning Protection and Management of the Environment. It also discusses criminal sanctions for unlawful environments in Indonesia, comprising of irregularities. Practically, it has awkward or inappropriate...
Proceedings Article

Responsibilities of Mining Entrepreneurs for Losses from Mining Activities in Indonesia (Case Study in Samarinda Province of East Kalimantan)

Nabbilah Amir, Lady Grace Natalia Mintia, Tasya Maulina Kharis
Indonesia is a country that is rich in natural resources, both natural resources that are above the surface of the earth and which are below the surface of the earth. One of them is coal which is located below the surface of the earth. Coal can be found in several regions in Indonesia, including in Sumatra,...
Proceedings Article

The Development of Indemnity Law in Indonesia (A Study of Problems Raised by the Existence of Peer to Peer Lending)

Achmad Busro, Yuli Prasetyo Adhi
Upon its arrival in Indonesia, fintech adds a new nuance in the development of business and indemnity law in Indonesia. Its emergence is triggered by the lifestyle changes of millennial people. Business activities nowadays increasingly developing and they lead to a healthy competition atmosphere. In...
Proceedings Article

Anticipation of Probation Implementation as the Type of Sentence in the Draft of Indonesian Penal Code

Suspended sentence in Indonesian Penal Code is the implementation of imprisonment and one of the alternative for judges when they do not impose imprisonment. In practice, suspended sentence has rarely been handed down because in the community's view it seems similar to acquittal, so that it does not...
Proceedings Article

Presidential Threshold in the Presidential Election: A Democratic and Constitutional Study

Sulardi, Febriansyah Ramadhan
Presidential Threshold (PT) is a system the legislators have been being held as an instrument in the presidential election system since 2004. Although PT has been stated in the legal product, and justified by the Decision of the Constitution Court, it does not mean that it is a final product. As something...
Proceedings Article

The Implementation of Agrarian Reform in the Settlement of Social Forest Management for Forest Village Communities (The Overview of Social Forestry Areas in Kendal Regency)

Sitta Saraya
Indonesia is an agriculture country because most of the population of Indonesia has a livelihood in agriculture. The Indonesian National Goals as set out in the opening of the 1945 Constitution of The Republic of Indonesia are to protect the entire of Indonesia as a Nation and all of Indonesia's bloodshed...
Proceedings Article

Termination of Agreements by the Government in the Agreement of Infrastructure Development with Build Operate Transfer Patterns

Budi Santoso, Hendro Saptono
The agreement agreed upon by the parties applies as law for the parties. Termination of the agreed agreement can only be done because of the law or because of the agreement of the parties. In the case that an agreement is made between the government and a business entity (private) to build infrastructure...
Proceedings Article

The Role of Victim and Witnesses Protection Agency in Achieving Sustainable Development Goals: The Best Practice of Indonesia

Antonius PS. Wibowo, Rusmilawati Windari
The embodiment of peace, justice, and strong institution is one of 17 sustainable development goals that shall be carried out by Indonesia in term of achieving a better and more sustainable prosperity for the upcoming generation. As a state institution established to support criminal justice through...
Proceedings Article

Sustainability of Rejang’s Indigenous Law in Completion of Criminal Acts: Perspective of the Principle of Deliberation

Herlambang, Herlita Erike
The criminal justice system is a method chosen by a society, nation, state in resolving violations of criminal law, should be adapted from the culture and civilization of the nation. The method chosen must also occupy the parties, (perpetrators of victims, witnesses, the surrounding community), in the...
Proceedings Article

Reorientation of Corruption Criminal Act Removal in the Optimization of State Financial Loss Return Using Deferred Prosecution Agreement Concept

Mas Putra Zenno Januarsyah, Ihwan Sutiawan, Elisatris Gultom
Current Corruption Criminal Act in Indonesia is in particularly systemic development, there are constraints because of no any removal tool by which it may be formed by using a restorative approach and making criminal law function to be ultimum remedium. The objective of this study is to examine Deferred...
Proceedings Article

Legal Protection for Land Holders

Anis Rifai, M. Ikhsan Fathoni, Hartiwiningsih
Land acquisition is done by way of release or transfer of land rights of the holders of rights over land to government agencies that require ground. As a form of respect for the rights of holders of land rights, which require land-party in this case is the government agency, provide appropriate compensation...
Proceedings Article

Reconstruction of Banking Consumer Dispute Settlement in a Law Perspective

The growth of Financial Services Institutions is very dynamic both in terms of trusted offerings and the products and types of services they offer. One of the financial services sector that has developed a lot is banking financial services. However, on the other hand problems arise because the growth...
Proceedings Article

Protection of Children Sexual Violence Victim through Promotive, Preventive, Curative and Rehabilitative Approaches

Yunan Prasetyo Kurniawan, Thomas Arsil
State recognition of human resources starts from the recognition of children as one of the nation's valuable assets. Recognition of dignity is inherently adhered to children as their social life recognition. Children are the forerunner, potential generation to succeed the ideals of the nation's aims,...
Proceedings Article

The Harmonization of Maritime Law (UU No. 32 of 2014) for Indonesia’s Sovereignty in Marine Resource Management Facing UN Policy about Area beyond National Jurisdiction

David Maharya Ardyantara
Republic of Indonesia lies in the geographical position of 6º N-11 º S and 95 º E-141 ºE is flanked by the Pacific Ocean and the Indian Ocean, as well as the continent of Asia and Australia. Bodies Archipelagic lays at the meeting point of the communication lines between the Pacific and Indian Oceans...
Proceedings Article

Tradition of Caci Manggarai: The Spirit of Politics of Customary Inheritance Law for Democratic and Gender Equitable Law

Adrianus Marselus Nggoro, FX.Adji Samekto, Sukirno
The caci tradition is a typical tradition of Manggarai, West Flores. Some previous research findings reveal that the caci tradition is a type of regional dance. Caci as one of the icons of the Manggarai culture. Because the unique tradition of caci can be used as an ambassador for the promotion of tourism...
Proceedings Article

Legal Protection of Village Land for Infrastructure Development in Indonesia

Village land which is a source of income for village heads and village officials as well as village financial resources can be turned into infrastructure for the public interest. Control of changes in the use of village land for infrastructure development for public interest not only involves villages...
Proceedings Article

Harmonization of Islamic Law Norms in Sharia Banking Laws

Baidhowi, Andry Setiawan
There are three legal systems that apply in Indonesia, namely the Customary Law system, Islamic law, and Western law. The potential for disharmony is very possible. The question is, how was the birth of Islamic banking legislation in Indonesia, the methodological model used in harmonizing the laws in...
Proceedings Article

State Financial Losses Due to Corruption in Goods and Service Procurement Systems by the Government

Muhamad Azhar, Ajik Sujoko, Putut Suharso
Government goods/services procurement regulations have the character of administrative law. Many court decisions related to corruption in the government goods/ service procurement sector. The government sector of goods/ services procurement cannot be linked to corruption. The purpose of this study is...
Proceedings Article

Are we truly free to have a religion? Analysis of Religious Freedom in Indonesia in the Context of Human Rights and Pluralism

Yogi Alfarizi, Ridwan Arifin
What happens when the complaint of the call to prayer is the basis for a judge's decision on a blasphemy case? This article discusses the impact of Meliana's sentence of a Buddhist who triggered a religious conflict in Tanjung Balai, North Sumatra, Indonesia. At that time Meliana, who only told her neighbors...
Proceedings Article

Acquisition of Copyright and Related Rights in Economic Development for SMEs in Indonesia (Perspective of Economic Rights in National and International Contexts)

Small and Medium-Sized Enterprises (SMEs) play a vital role in economic development, as they have been the primary source of job/employment creation and output growth, not only in developing but also in developed countries. However, the development of SMEs has its own challenges, especially related to...
Proceedings Article

The Role of ASEAN in Sipadan and Ligitan Case: An Analysis from Law and Diplomacy

Rodiyah, Muhamad Adji Rahardian Utama, Muhamad Reza Maulana
Southeast Asian countries, as well as Association for Southeast Asian countries (ASEAN) was become an important regional organizations not only in regional but also for international. Some benefits come up from the ASEAN cooperation among its ASEAN countries or other countries out of ASEAN. However,...
Proceedings Article

Legislation Inventory in a Spatial Planning: A Normative Juridical Study

Aprila Niravita, Rofi Wahanisa
Various studies on spatial planning is growing along with the decline of land quantity on the one side as well as the increase of land needs and its utilization on the other side. In the Article 33 (3) of the 1945 Constitution as the constitutional foundation, it is clearly stated that the land, water,...