Proceedings of the 3rd International Conference on Law and Governance (ICLAVE 2019)
Consumer’s Legal Protection Due to the Cancelling of Condommonium Construction Whole Sale and Purchase Agreement Already Made Before the Notary (Case Study on Condommonium Units in Palembang City)
Farsia Nitama, Aad Rusyad Nurdin
Palembang City has already developed into one of metropolitan cities in Indonesia, so it has the strategic significance as the main point of growth and development in a region due to economies which are being concentrated therein. These make the development of storeyed housing (flat/apartment) units...
Enhancement–The Role of Indigenous Law Community for Investment in Indonesia: Utilizing of Ancestral Land Under Public-Private Partnership
Iwan Erar Joesoef
The Indonesian government has issued regulation relating to the release of Ancestral-lands to legal entities in the form of government-owned and private enterprises including individuals. Such regulation has had an impact on the conflict between Indigenous Peoples and large companies and even multi-national...
Pure Economic Loss in Indonesia: Shall It Be Abandoned or Adopted?
Abdul Salam, Dennis Evan
For almost 25 years, pure economic loss has become the biggest controversy in tort law, as there has not been unified views whether the court shall granted or rejected pure economic loss claim. Pure economic loss occurred when negligence causes third party merely financial or economic loss. This journal...
Indonesian Legal Challenges Regarding Electronic Contracts in International Trade
Nizia Kusuma Wardani, Arie Afriansyah
The development of technology, information, and communication at this time, especially in the field of trade requires that each country has its own legal rules to regulate cross-border trade using electronics. Every business is closely related to the agreement. In the digital era, an agreement to produce...
The Role of Notary on Waqf Land Issues in Bekasi City, West Java
Aisha Adelia, Aad Rusyad Nurdin
Waqf in Indonesia still has many problems because it has not been implemented properly. In fact, many waqf lands do not have waqf land certificate, which can lead to dispute in the future. Based on the regulation, waqf land certificate is issued under the condition that there is waqf pledge deed made...
Regulation of Crypto Currency in World Trade Organization
Rakhma Putri Sholihah, Arie Afriansyah
A study provides data on domestic regulations of several countries in the world about crypto currency. These countries include Japan, The United States, Australia, China, India, including one of them Indonesia. Domestic regulations vary according to the respective government policies. However, policies...
Authority of Government Discretion of the Pentakosta Trademark
Lily Evelina Sitorus, Anna Erliyana
The trademark of the Pentakosta is registered in class 45 which is a class of religious organization services. In accordance with Law No. 20 of 2016 concerning Trademarks and Geographical Indications, as a registered trademark, Pentakosta has legal protection in its use. However, Pentakosta trademark...
IPR, Subsidy, and Competition Policy: Potential Disharmony on Economic Regulations
Henry Soelistyo Budi, Bintan Regen Saragih
As a legal instrument as well as an economic instrument, Intellectual Property Rights / IPR carries two functions. In essence, IPR represents legal instrument as to the basis of the establishment of rights, including moral right and protection at the commercialization stage. Meanwhile, as an economic...
The Development Concept of State Administrative Decision After the Enactment of Law Number 30 Year 2014 Concerning Government Administration
Ari Wuisang, Anna Erliyana
State Administration Decision is the main legal instrument in the administration field, especially to regulate concrete events in society. After the enactment of Law Number 30 Year 2014 concerning Government Administration, the concept of State Administration Decision run into an expansion of meaning....
Legal Protection for Customers in Information Technology-Based Financing with Sharia Principles (Study of PT Ammana Fintek Syariah)
Titin Fatimah, Gemala Dewi
This research discusses the information technology-based financing implemented by sharia financing company (PT Ammana Fintek Syariah). Information technology-based financing services on the one hand provide benefits as an alternative financing for consumers and MSME entrepreneurs, but on the other hand,...
The Ownership Status of Land Rights in Nucleoplasm Partnership Agreement on People’s Nucleus Plantation Industrial Sector
Marsica Lestari, Aad Rusyad Nurdin
Partnership is a form of cooperative relationships between partners which is stipulated in PP No. 44/1997 concerning Partnership. The partnership participants are Farmers as representatives of small businesses with Plantation Companies as owners of large or medium-sized businesses. To do their business,...
Extraterritoriality of Data Protection: GDPR and Its Possible Enforcement in Indonesia
Indriana Pramesti, Arie Afriansyah
The expansion of communication technology entails the free flows of data beyond and across borders. Jurisdiction based on territoriality is seen by an increasing number of countries to be longer sufficient when it comes to data transfer governance, and data privacy in particular. The European Union’s...
Notional Interest Deduction Regime in Belgium: What Indonesia Should Learn to Design the CFC Regulation?
Notional Interest Deduction (NID) regimes, which were implemented for the first time in Belgium, have provided many results and benefits for Belgium. The introduction of NID strengthens the attractiveness of Belgium as a favorable location for treasury centers and capital-intensive investment in general....
The Urgency to Revitalize Indonesia’s Regulatory Reform Through Evaluation and the Re-Arrangement of Regulatory Database
Ade Irawan Taufik, R Ismala Dewi
Indonesia’s regulatory system is currently full of contradictory regulations that potentially can cause conflicts among policy makers which would affect the public interest. These problems also arise as a result of the big number of agencies and authorized institution involved in the regulation making...
The Political Rights of Former Corruption Convicted Prisoners to Run in 2019 Legislative Election and 2020 Regional Head General Election: An Overview of Human Rights Perspective
Reno Maratur Munthe, R Ismala Dewi
The constitution guarantees political rights of citizens as outlined in several laws and regulations, particularly Law Number 39 Year 1999 concerning Human Rights, even international world by the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights...
The Granting of Legal Standing to Foreign Nationals in Filing Judicial Review in Indonesia
Efer Koritelu, R. Ismala Dewi
Foreign nationals do not have the right to submit a judicial review in Indonesia. This is based on Article 51 paragraph (1) letter (a) of Law Number 24 Year 2003 concerning the Constitutional Court and Article 31 A paragraph (2) letter (a) of Law Number 3 Year 2009 concerning the Supreme Court which...
Comparative Perspective on Marital Rape: Western Law and Islamic Law
A. Ainunnisa Rezky, R. Andini Naulina, U. Raditio Jati
Marital rape is something that is currently being widely discussed in Indonesia. The existing dialectical debate is due to the Draft Criminal Code (RKUHP) and the Sexual Violence Eradication (RUU PKS) which lists the matter. Rape in marriage can be seen in terms of western law and Islamic law. This is...
The Sustainability of Fossil Energy Development in Indonesia: Heading to Awry and Backfires Policy?
Andreas Tedy Mulyono
Geopolitical risks have threatened oil and gas development in Indonesia since the 1970s when global commitment to the environment was increased. Stakeholders made various efforts to match the SDGs as global community goals with the development of energy security in developing countries that depend on...
Measuring Human Rights Legal Resilience in the Context of Ethnic Anti-Discrimination: Study of Universalism or Cultural Relativism?
Adriana Grahani Firdausy
The enforcement of human rights norms in Indonesia is a form of legal transplantation, even though human rights are universal. Legal transplantation is partly caused by globalization, which breaks down the boundaries of the nation-state, thus integrating the law in a network of global value systems and...
Initiating New Regulations on Personal Data Protection: Challenges for Personal Data Protection in Indonesia
The issue of privacy and personal data protection has often made headlines in recent years, especially in the context of social networking, consumer profiles by online advertising companies, and cloud computing. In Indonesia through the EIT Law and MoCI Regulation 20 have not been comprehensively able...
Regulatory Sandbox: A Regulatory Model to Guarantee the Accountability of Electronics Financial Technology Implementation
Edmon Makarim, Zahrashafa Putri Mahardika
The development of innovation in the technology sector has led to a variety models and variations in financial technology products and services. As a measure to ensure the utilization of financial technology for economic growth and to prevent the potential disruption of financial system stability, a...
Juridical Review of Zakat Sharia Mutual Funds in Indonesia (Study at the National Amil Zakat Agency-BAZNAS)
Salwa Faeha Hanim, Gemala Dewi
BAZNAS (National Amil Zakat Agency) provides new innovations in the form of payment of Islamic mutual fund zakat in cooperation with PT Nusantara Sejahtera Investama. Payment of sharia mutual fund zakat is questionable whether it has fulfilled the requirements and compulsory of zakat law such as nishab...
Legal and Human Rights Protection to Non Permanent Employees Pursuant to Law No. 5 Year 2014 About State Civil Apparatus
Dwie Riawelly Charisma
With the enactment of Law No. 5 of 2014 on Reform of Civil State, where the non permanent employees no longer found it with their study / research can give you a government employee, non permanent employees particularly non permanent employeeregarding the status and legal certainty to acquire rights...
Protection of Legal and Human Rights for Uncitizenship Transit Refugees Under International Law and National Law (Rohingnya Refugee Case Study)
Mar’atul Fitria, Heru Susetyo
The State has an obligation to protect human rights, regardless of race, ethnicity, nation and religion. Human rights are part of the study of international law, because the nature and character of human rights itself is an individual defense and protection mechanism against the power of the state that...
The Importance of an External Supervision for Constitutional Judges to Keep the Honor of the Constitutional Court
Nanik Prasetyoningsih, Iwan Satriawan, Andi Zamharira Nurdin Palinrungi
This article addresses an importance of supervision of constitutional judges. Why? Two of Indonesian Constitutional Court Judges have been arrested due to the bribery case. The bribery case which involved the Chairman of Justice of the Constitutional Court has become a reason to provide the new Law regarding...
Law and Human Right Protection of Outsourcing Labour Law Number 13 of 2003
Raihan Hudiana, Heru Susetyo
In the Law No. 13 of 2003 concerning Manpower (Manpower Law), one of them regulating about outsourcing of labor. The transfer of labor is an option for the company to give a portion of its work implementation to other companies through a written contract of contracting workers or service providers. Furthermore,...
Legal Review and Human Rights Related to the Zoning System on Enrollment of New Students, a Progress or Setback in Respecting Education and Human Rights
Yuli Rakhmawati Ramdhani, Heru Susetyo
Human Rights under law No. 39 of 1999 is a set of rights inherent in humans as God’s creatures and is a gift that must be respected, upheld and protected by the State, law, government and everyone for honor and protection of human dignity. According to the United Nations (UN) human rights is a right...
Effect of Non-Disclosing Endorser Status in Social Media Marketing Content Toward Consumer Buying Behavior
Salma Prihandani, Henny Marlyna
Businesses have resorted to social media promotions, especially those endorsed or promoted by celebrities or influencers to gain more exposure for their product or service. It is common to find social media promotions in Indonesia, where the popular terms are “influencer”, “endorsement”, and “paid promote”....
The Evolution of Fintech: A Regulatory Approach Perspective
Kukuh Setiawan, Nadia Maulisa
There is a long historical timeline before the idiom of fintech becomes something as popular as we know today. Fintech includes any novelty innovation on any given space at any given time if it is considered to be revolutionary or disruptive enough to change the activities in the financial sector. This...
Assessing Development of Access to Justice in Indonesia Through Capability Approach
Widya Naseva Tuslian
Over a decade, Indonesia economic growth is rising gradually and has made remarkable progress across a broad range of economic and social dimensions. The number of HDI has been growing significantly since earlier 2000, followed by decrease of total amount of poverty from 40 to 8 percent1. Nevertheless,...
Legal Study Related to the Application of Compensation in a Fishery Business Affected by Oil Spill Pollution in the Sea Water Area
Bayu Vita Indah Yanti, Irwan Mulyawan, Rizky Aprilian Wijaya, Maulana Firdaus, Rismutia Hayu Deswati
The oil spill event can be considered a disaster, one of which occurred in the Balikpapan and Karawang regions. This event has provided much learning in better policy making. What are the results of the legal study related to the implementation of compensation in the affected fishery business that has...
Resilience Kinship Principle in Cooperatives Quo the Pillar of the Indonesian Economy
Resa Yuniarsa Hasan, Ilham Kurniawan Ardi
Based on Article 33 Paragraph (1) of the 1945 Constitution of the Republic of Indonesia, the spirit of cooperatives is placed as the basic pillar of the Indonesian economy. The Indonesian people intend to set up a joint venture economic system based on family principles. As stated by Mohammad Hatta,...
Legal Review on Issuance of Sharia Share on Public Company in Indonesia
Fatchurrahman Geigy Haryutama, Gemala Dewi
The application of Sharia principles in the field of law is not only limited to the area of criminal law and constitutional law, but also in civil law. One of those is capital market, which based on Act 8 of 1995. However, the Sharia principles on capital market have not been listed in that Act, so it...
Holding of the Indonesian State-Owned Enterprises and Analysis of the Judicial Review Over the Government Regulation Number 47/2017 Juncto Law Number 19 Year 2003 on the BUMN
Satya Arinanto, Dian Parluhutan
The Government of Indonesia (GoI) recently has enacted the Government Regulation Number 72/2016 concerning Shares Subscription and Arrangement of State Capitals in the State-Owned Enterprises (BUMN) (hereinafter referred as “PP Holding BUMN”). The Indonesian Ministry for BUMN (“Meneg BUMN”) proposes,...
Gender Bias in Combating Terrorism: A Case Study of Returnee Families
Siti Kholisoh Shi, Heru Susetyo
Counter terrorism in Indonesia still leaves a number of homework, after one year after the enactment of Law No. 5 In 2018 the government still faces a number of other challenges related to policy. Among them after being pounded by Islamic State of Iraq and Syria (ISIS) troops in Syria, a problem arose...
The Fulfillment of the Rights of Deaf People to Obtaining Sign Language Interpreters at Religious Practices in Indonesia: A Law and Human Rights Perspective
Alya Syafira, Heru Susetyo
the current development nowadays has provided lots of conveniences for everyone to access everything they need, including religious needs. At present days, even Persons with Disabilities can fulfill their religious needs as easily as those of normal people’s. However, that is not the case for all Persons...
Using Narrative Theory on Analysis of Law and Human Rights: Searching Truth on Tanjung Priok’s Incident in Indonesia
The term of narratives methods for some legal scholar is quite unfamiliar, even though for some legal practitioner this method is widely used in producing any legal documents or legal practice product. This article is trying to familiarize the narratives methods and analysis among legal scholar and also...
Buyer’s Role in Improving BHR Practices in Indonesian Mineral Mining Industry
Dewi Santoso Yuniarti, Jasmine Amelia Ulfah, Iman Prihandono
Indonesia is a resource-rich nation known for its substantial reserve in a wide variety of minerals such as gold, copper, tin, bauxite, and nickel. The mining sector has long served as a key pillar of Indonesia’s economy by contributing approximately 7.5 percent of the State’s GDP. Despite the vital...
Responsible Investment in Indonesia Mineral Mining Sector
Nur Kholis, Roichatul Aswidah, Iman Prihandono
Mining activities has long been associated with human rights violations. The extraction of minerals can cause a number or negative impact to local communities and the environment. At the same time, mining operation is very capital intensive industry. The need of capital in mining industry has been opening...
Free Papua Organization: Belligerent, Combatant, or Separatist?
Indriati Kusumawardhani, Arie Afriansyah
There is a jargon “Papua has never been and will never be a part of Indonesia.” Such jargon would correct if Papua currently is under the colonialism of the Government of the Republic of Indonesia. The presumption that Papua was part of the Kingdom of the Netherlands has existed since 1898. It was known...
Implementation of Common Law Doctrine in Indonesian Law of Obligation
Akhmad Budi Cahyono
Indonesia as a country which adopts civil law system has a number of differences with common law countries. However, by the time the differences become narrow through the adoption of several common law doctrines by civil law countries including Indonesia. One of the doctrines is undue influence which...
Legal and Human Rights Review of Fullfilment of Access to Justice: Considering the Elements of Legal Capability
M Rizki Yudha Prawira
As a country based on the law (rechtstaat) and acknowledging the existence of human rights, makes Indonesia have an obligation to take any relevant steps to make sure the human rights protection are running as it should. One of them is create and participating in a target called Sustainable Development...
Identity and Role of State-Owned Enterprises for the People’s Welfare Based on Article 33 of the Indonesian Constitution
Widhya Mahendra Putra, Ratih Lestarini
The nature of the establishment of SOEs in Indonesia is derived from the formulation of Article 33 of the 1945 Constitution. Article 33 of the 1945 Constitution provides direction, intent and purpose for the state to control important production branches and to control the livelihoods of many people...
Legal Resilience in the Phenomenon of Social Media Political Buzzer in Indonesia
Muhammad Syirazi Neyasyah
This paper raises the issue of legal resilience in Indonesia in dealing with the phenomenon of social media buzzer which is present as a result of social media development in the contemporary era. Social media can be accessed and used by anyone in Indonesia who has the ability to use the technology needed,...
The Urgency of Establishing Personal Data Protection Act and Financial Technology Act in Digital Era in order to Protect and Control the Privacy in Indonesia
Expeditious of technological developments are now hand in hand with the problems that occur, especially relating to personal data, a prodigious remarkable asset. Recently, a problem that is humid in the digital era is regarding Fintech which attacks personal data that causing a lot of harm. Also at this...
Norm Creation and Compliance in Waste Management System in Badung Regency (Bali), Case Study of the Customary Law in Banjar Seminyak and Banjar Bhineka Nusa Kauh: Lesson for the Implementation of Governor’s Decree Number 97 of 2018
Galuh S. Agnes, Ariza Muthia, Debby P. Christiani
Indonesian government has the pretension to reduce the number of plastic waste, by reducing its consumption through regional regulation. The Governor’s Decree Number 97 of 2018 is issued as commitment of Bali Provincial Government to Limit the Disposable Plastic Waste. In order to carry out the regulation,...
Open Access for Pipeline Gas Industry on Competition Law in Indonesia
Parulian Paidi Aritonang
That the gas trading practice through this pipeline is still monopolized by a business actor or business entity. With the monopoly nature of this gas pipeline is detrimental to the owner of the gas where the take it of leave it principle emerges, inevitably it must be sold to the owner of the pipe at...
The Use of Cryptocurrency as a Payment Instrument
Karmila Sari Sukarno, Pujiyono
This article aims to know the impact of using cryptocurrency that replace conventional money as a means of payment in Indonesia. This article belongs to the type of normative legal research that is prescriptive to produce a new concept in resolving the problems faced by supported by a legal approach...