Proceedings of the International Conference on Law, Governance and Globalization 2017 (ICLGG 2017)
Legal Protection of Invention in The Field of Bioinformatics in Indonesia and Singapore
The positive impact of globalization, the increasing progress of science and technology, such as biological science and information technology. The advancement of science and technology will give birth to creative people who can produce innovative products, such as in the field of bioinformatics so they...
A Comparison Study of The Registration System of Trademarks in Indonesia and Australia
Agung Sujatmiko, Ria Setyawati
Trade Mark as a part of Intellectual Property Rights (IPR) has very important function in goods trade, especially for products with famous trade mark. The famous trade mark has high economic value if it is compares to others products. On the other side, it is also fragile to falsification which done...
Inconsistency inThe use of Legal Concepts in The Regulations of Land Acquisition in Indonesia
Agus Sekarmadji, Faizal Kurniawan, Rizky Amalia, Miya Faiza Yekti
In the context of development, an acquisition of land rights is required. Within the regulations concerning the acquisition of land rights, it is found an inconsistency in the use of legal concepts. Referring to such inconsistency, therefore, it is urgent to perform diligent research on which legal concept...
Nuptial Agreement in Indonesia: A New Change in Indonesian Marriage Law
Agus Hernoko, Erni Agustin, Faizal Kurniawan, Mahendri Putri
Recently, there has been a new change in the Indonesian marriage law. The change is especially about the provision on prenuptial agreements in the Article 29 of the Act Number 1 Year 1974 on Marriage, resulting from the decision of Indonesian Constitutional Court’s Decision Number 69/PUU-XIII/2015. Before...
Good Governance on Tax Amnesty
Indonesia has a goal to create a just and prosperous society. In order to realize these goals, the state financial system must be strengthened. Therefore, policies that can increase the State Budget (APBN) are required. Policies that are deemed to increase the APBN are implemented through a tax amnesty...
A REVIEW OF FINTECH REGULATIONS IN EMERGING COUNTRIES’ ECONOMIES – CHINA, SINGAPORE AND HONG KONG
Ameen Talib, Chee Yuen Yew
The world has transformed from traditional business model into digitalised business model, financial services as well. As financial sector is strictly regulated by worldwide regulator in the past, there’s the dilemma on the regulation in the combination of Financial Technology (“Fintech”). This paper...
NEW PARADIGM OF ADMINISTRATIVE COURT IN MODERN GOVERNANCE
The development of governance had been influenced the Administrative Court as a judiciary system which had specific competence. In the modern governance, the implementation of government’s act is more complicated, economy and political issues, fast changing of social norms and information technology...
POLITICAL CONFLICT AND INVESTMENT INFLOWS INTO ACEH PROVINCE OF INDONESIA
This paper aims to scrutinize a correlation between political conflict and investment inflows into Aceh Province. In conducting this study, researcher applied qualitative research method by relying on ssecondary data. These were obtained through library research by analyzing relevant documents, government...
TRANSPARENCY PRINCIPLES IN INFORMED CONSENT OF SURGICAL PROCEDURES TO REDUCE MEDICAL DISPUTE RISK
Carolina Kuntardjo, Agus Hernoko
Informed consent is one element of ethics in medical field that is always interesting to explore. Currently, the development of informed consent is more emphasized on disclosure of information, in other words, in it can be equated with transparency. The thesis entitled TRANSPARENCY PRINCIPLES IN INFORMED...
The Reasonableness Principles — The Argument of Indonesian Constitutional Court On Neutrality of Civil Servants for Good Governance
Dhia Al Uyun
The Reasonableness Principles related with proportion, balanced of rights, can seen in some Indonesian Constitutional Court Decision. This decision, make difference rights election of civil servants and the others profession. The Human Rights of civil servants disturbed by this decision. The Neutrality...
Comparative Study on the Use of Legal Instruments in Asean Economic Community
Evi Retnowulan, Anang Setiyawan
By the end of 2015 Asean countries have entered the era of Asean Economic Community (AEC). AEC aims to create a competitive and integrated economic region with the global economy through an integrated economic region in the form of a single market and a common industry base. AEC is form of globalization...
ELABORATION ON CONCEPTS OF RESTITUTION AND COMPENSATION AS A FORM OF LIABILITY IN PRIVATE LAW
Faizal Kurniawan, Erni Agustin, Rizky Amalia
Recent development to claim damages on the basis of either default or unlawful acts would not provide saticfactory grounds to the question of justice. There will be a situation in which that no one shall be unjustly enriched at the expense of another which all outside the scope of contract and unlawful...
EASE OF INDONESIAN SHIP MORTGAGE EXECUTION FOR A SHIP THAT LOCATED OUTSIDE THE JURISDICTION OF THE STATE TO SUPPORT INTERNATIONAL SHIPPING BUSINESS
Fani Putra, Agus Hernoko
Globalization continues to have a major impact on the economic aspect. The field of marine transportation plays an important role and becomes one of the supports to the smoothness of economic development. The shipping business development brings the consequences of increasing interest in credit with...
PRINCIPLES THE RULE OF LAW IN THE SETTLEMENT OF THE ELECTION OF HEAD VILLAGE
Ms. Fauziyah, Sri Praptianingsih
The amount of villages in Indonesia reaches 72 thousand where the village performs a change of leadership relay in each region. The election of village head is regulated in Act 6 of 2014 where if there is a dispute on the result of Village Head Election is regulated in Article 37 of Act 6 of 2014 stating...
THE CHARACTERISTICS OF SHARIA COMPLIANCE IN THE SETTLEMENT OF SHARIA ECONOMIC DISPUTES IN INDONESIA
Fiska Silvia, Kukuh Leksono, Ghansam Anand
According to Article 1 point 12 of Law no. 21 of 2008 (of the Republic of Indonesia) concerning Sharia Banking (Supplement to State Gazette No. 94 of 2008, Supplement to State Gazette No. 4867) explains that Sharia Principles are Islamic Law Principles in banking activities based on Fatwas issued by...
THE BENEFITS OF INDICATION OF SOURCE PROTECTION ON IKAT NATURAL DYEING FOR SMALL-SIZED ENTERPRISES IN SUMBA
Helitha Muchtar, Ahmad Ramli, Muhamad Amirulloh
Ikat from Sumba owns ornamental and typical background of ancient culture which is considered to be sacred according to local norms, customs, and beliefs. Its patterns symbolized daily activities within the society are made through a binding process called Ikat Sumba. Ikat is originally from Sumba, indigenous...
Implementation of Article 4 Act No. 24 /2011 on BPJS The National Health Insurance System to Improve Health Services
Hilda Sabrie, Prawitra Thalib
Badan Penyelenggara Jaminan Sosial or often in short BPJS is a non-profit legal entity established in the framework of organizing social security related to health and employment. BPJS is in the form of the mandate Act No. 24 / 2011 About BPJS. Especially for BPJS Health, the purpose of this BPJS is...
THE PUBLIC OPENNESS PRINCIPLE IN GOVERNMENT AGREEMENT
The openness principle is a principle in The General Good Government Principles, on the other hand the agreement is an engagement that is subject to private law. The intersection between public law and private law in a legal act is a legal event that has two legal characters at once. The character of...
SYNCHRONIZATION OF AUTHORITY ON INTEGRATED AGRICULTURAL LICENSE SERVICES IN ORDER TO ACTUALIZE THE SOVEREIGNTY OF FOOD SECURITY
The enactment of Act No. 23 of 2014 on Local Government and The Government Regulation No. 18 of 2016 on the Local Government Agency that have a great influence on the change of authority affairs of the local government administration. This condition has an effect on the lack of synchronization between...
THE CHANGING ROLE OF AMICUS-CURIAE IN THE RELATIONS BETWEEN NON-GOVERNMENT ORGANISATION AND THE WORLD TRADE ORGANISATION
Kim Van Der Borght, Intan Soeparna
This paper attempts to analyse the changing role of amicus-curiae in the WTO dispute settlement system where the Appellate Body was developing and implementing a judicial policy. Although it was a radical step for Appellate Body to engage amici curiae, it has given an indication that this body has opened...
Reformation Protection On Indonesian Worker Regim To Asean Community 2025
Lanny Ramli, Ms. Koesrianti
Until now Indonesian worker not fully protection faced ASEAN Economic Community (AEC) free trade liberalism in ASEAN COMMUNITY especially undocumented Indonesian worker. Actually, there is regulation Act Number 39 Year 2004 for protection Indonesian worker but we should finding the new model for more...
THE POLICY OF SURABAYA MUNICIPALITY IN DEVELOPING SUSTAINABLE URBAN INFRASTRUCTURES BY CONSERVING URBAN HERITAGE
Cultural heritage conservation is related to tangible heritage and is often classified as immovable heritage and movable heritage. A city heritage; a part of it includes historical sites which is considered as a cultural heritage that possesses typical styles and architectural characteristics wherein...
Lobbyists in Legislative Process (Comparative Study in the USA and Indonesia)
Public has the right to participate in the legislative process, some interest groups attempt to influence their goals in the legislation. In the USA, Lobbyists have increase significantly in the federal and states level because interest groups must hire lobbyists to give them eyes and ears to monitor...
DISMISSAL OF THE GOVERNOR ON CHARGES OF BLASPHEMY CRIME
Dismissal of the Governor as the form of responsibility based on use of the authority must be imposed in accordance with the classification of faults. It is based on the principle of geen bevoegdheid zonder verantwoordelijkheid. The Law Number 23 of 2014 enacted in detail the mechanisms of the Governor...
The Legal Study on Corporate Social Responsibility in the Realization for Environmental Development In South East Sulawesi
Muhammad Jufri, Deity Yuningsih, Muhammad Sjaiful
Since 2010, it has been reported that the South East Sulawesi has had some potential mining resource area. Existence of mining companies should accommodate positive impact in environmental sustainability, including community welfare. This is a obligation for the mining company, as well as the corporate...
BUSINESS WOMEN AND THE LEGAL PROTECTION IN VORTEX OF THE GLOBAL ECONOMY
Nur Ambarini, Tito Sofyan, Edra Sadmaidi
According to article 33 paragraph 3 Constitution of Indonesian Republic 1945, Indonesia's natural wealth is controlled by the state and is used for the welfare of the people. With economic activity every citizen can utilize the natural resources. The activities of micro, small and medium enterprises...
Protection of Farmers’ Rights through a Sui Generis System in Indonesia
The recognition and protection of farmers' rights has not been a top priority in the determination of agricultural policy in the agrarian country of Indonesia, whereas most of the Indonesian population is farmers (38.07 million). Trade liberalization in agriculture promoted by the World Trade Organization...
Management of Natural Resources on The Just Basis: A Study on Empowered Authority for Coastal Villages in Using Natural Resources along the Coastal Areas in Banyuwangi, Indonesia
Nurul Chikmawati, Tri Hayati
Villages along the coastal areas in Indonesia have been sociologically inseparable parts of fishing communities inhibiting within the vicinity. They serve not only as dwelling places but also as the source on which the dwellers substantially dependent. Despite the abundant resources available, the fishermen...
The Position of Beneficial Acceptance Heirs In the Settlement of Debtors' Unfulfilled Prestatie
Oemar Moechthar, Regine Wiranata
Burgerlijk Wetboek's inheritance law grants heirs with the right to determine their position with regards to their in-heritance, namely those of absolute acceptance, rejection, or acceptance with reservation (beneficiare aanvaarding or beneficial acceptance). Problems arise when heirs choose the position...
THE COOPERATION BETWEEN LOCAL GOVERNMENT AND FOREIGN INSTITUTIONSTHE COOPERATION BETWEEN LOCAL GOVERNMENT AND FOREIGN INSTITUTIONS
The implementation of Local Government system is directed to realize the welfare of Indonesian society. This is in accordance with the objectives of the country based on the fourth paragraph of the Preamble of the 1945 Constitution of Republic of Indonesia. The implementation of Local Government through...
Hisbah (Supervision) Application in Determining of Standarize Stadard Akad Modes on Islamic Financial Institution in Indonesia
Prawitra Thalib, Hilda Sabrie, Faizal Kurniawan, Erni Agustin
As an intermediary institution based on sharia principle, sharia banks are required to performing two compliance namely compliance syariah principle and law compliance, as for th application of two compliance is it not only in good corporate governance and the kind of product sharia bank, but also on...
JUDICIAL ACTIVISM OR SELF-RESTRAINT: SOME INSIGHT INTO THE INDONESIAN CONSTITUTIONAL COURT
The Constitutional Court of Republic of Indonesia is centralized judicial review institution which implements a posteriori and abstract control. Constitutional court decision often politically sensitive and involve important issues. On the one hand handing down strong decisions that uphold important...
Learning from 12 Years of Peace in Aceh: Seeking Prosperity and Progress in Aceh
Said Atah, Amir Husni, Said Rafiie
This paper aims to discuss the progress of peace in Aceh after the signing of the Memorandum of Understanding between the Aceh Freedom Movement, or Gerakan Aceh Merdeka (GAM), and the Republic of Indonesia in Helsinki in 2005. Prior to this, Aceh was a tense region and home to the longest armed conflict...
Rehabilitation Of Narcotics Addicts as the Rights to Health
Ms. Sarwirini, Riza Kurniawan
Illegal Narcotic addiction can be qualified as commiting crime. The punishment for illegal drug offender and place them to prison is far from success to reduce the rate of illegal narcotics consumtion. The offenders tend to come back to their addiction and turn them to commit crime related with illegal...
The Establishment Urgency of Drinking Water State – Owned Enterprises After The Cancellation of Water Resources Law
To achieve the condition of people who live healthy and prosperous in the future, both in urban and rural areas, will require the availability of drinking water which is sufficiently sustainable. Drinking water as a source of human life needs to be managed in a better way that can provide health and...
VILLAGE FUND MANAGEMENT IN THE PERSPECTIVE OF STATE FINANCES FOR THE PURPOSE OF RURAL COMMUNITY EMPOWERMENT
Sri Winarsi, Dwi Kristianti
Law No. 6 of 2014 on Villages provides a legitimate basis for the position of the village as an autonomous entity within the framework of the Unitary State of the Republic of Indonesia. It has amended Government Regulation Number 72 of 2005 on Village. One of the major changes related to the autonomy...
LEGAL PROTECTION OF THE PARTIES OF THE LENDING BASED FINANCE TECHNOLOGY AS INTERMEDIATE INSTITUTION IN INDONESIA
Trisadini Usanti, Fiska Roro
It has been commonly known that it is not easy for micro, small and medium enterprises (hereinafter referred to as MSMEs) and start up business to have access to the bank loans as a means of financing due to strict banking regulations imposed. These business really need financially supports by financier...
Environmental Law Enforcement in The Perspective if Indonesia and Australia: Case Study of Forest Fires
Wilda Prihatiningtyas, Zuhda Fitriana
Forest and/or land fires are considered as one of potential threats for sustainable development due to its direct devastating impacts towards ecosystem, carbon emission, biodiversity, human health, economy sectors and global climate. Due to the urgency of carbon emission (considered as trans- boundary...
Good Corporate Governance for Private Multi National Company to Comply with Global Anti-Bribery Regulation (UK Bribery Act & FCPA) and Indonesia Company Law
Yayan Hernayanto, Santi Dewi
The world of business today have a tendency to improve towards to a better condition. The spirit of changing become a company which have integrity should be supported by government policies related to bureaucratic and licensing services. Mutual benefit among Business actor and government will lead to...
New Perspective on Bank Corporate Governance
After the 2007 financial crisis, a new perspective on bank corporate governance has been proposed. Explain by discussing the similarities and differences between it and the perspective on bank corporate governance that prevailed before the 2007 financial crisis. As one example, discuss the Basel Principles...
Non-Discrimination Principle In The Indonesian Legislation Concerning Children
Zendy Prameswari, Dwi Kristianti
Children are a group that is vulnerable to be violated or neglected of their rights. They are particularly vulnerable to discrimination in most societies. Besides experiencing discrimination based on their age, they also face discrimination on other grounds such as their gender, disability, or sexual...