Proceedings of the 2nd International Conference of Law, Government and Social Justice (ICOLGAS 2020)

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101 articles
Proceedings Article

The Law Impact on the Inheritance of Nominee Arrangement in Indonesia to the Third Party of Share Buyers

Ari Tri Wibowo, Tri Lisiani Prihartinah
Plenty of the nominee arrangement traditions in Indonesia become obstacles to the nominee arrangement’s trade chiefly when the inheritance of nominee arrangement is previled. This study examines the legal repercussion of nominee arrangement to the third parties of share buyers. This study used normative...
Proceedings Article

Implementation of Religious and Belief Rights in Surabaya for Creating the Collectability in Religious Life

Deslaz Rannu Handicha
The existence of the right to religious freedom in Indonesia requires protection of the right to freedom of religion and belief from a conflict between religious communities, as many cases occur including blasphemy, physical and non-physical violence committed by the majority, especially conflicts between...
Proceedings Article

Secular or Religious State and the Impact on the Acceptance and Resistance of Sharia Perda in Indonesia

Akhmad Khalimy
This paper wants to know the various views among Indonesian and foreign scholars on the existence of sharia perda in Indonesia. Their various views traced from their works on books, dissertations/thesis, or papers written on the topic of sharia perda from 2000-2020. The following studies will compare...
Proceedings Article

Social Welfare for the Adoption of Displaced Children by Foreign Citizens

Gracia Jasmine Sunaryo Putri, Suhariningsih, Dhia Al Uyun
Children do not have the autonomy to take care of themselves, they must be under the responsibility of adults to have their protection guaranteed. An adult in this case is the parent, when they fail to carry out their functions, it can cause displaced children. An alternative to solving the problem of...
Proceedings Article

The Use of Information Technology in Searching Transnational Crime

Lynda Asiana
The internationalization of crime as a feature of globalization has made a new form of crime by developing increasingly sophisticated and complex information technology, both about the tools used and the impact they have had. This makes it difficult for new forms of crime to be tracked and prosecuted...
Proceedings Article

Transnational Corruption and Its Impact on Indonesian Jurisdiction

Satria Unggul Wicaksana Prakasa, Basuki Babussalam, Agus Supriyo
As a state of law, all law enforcement processes in Indonesia are limited by sovereignty for trans-border crimes that one of them is corruption. Corruption case is as part of transnational crimes that cannot be underestimated. The legal vacuum that occurs in Indonesia has an impact on the difficulty...
Proceedings Article

The Claim of Human Rights Violations Against China in Covid-19 Case of the Opportunity to Use International Court of Human Rights Mechanisms

Levina Yustitianingtyas, Anang Dony Irawan
The state of China or commonly called the State of China has been accused as the cause of an outbreak of corona virus transmission or COVID-19. The loss caused by COVID-19 is very large for all sectors of the country’s life sector in the world, so that countries in the world are trying to sue China which...
Proceedings Article

The Effect of Globalization on the National Legal Policies of Human Rights

Hassan Suryono, Raharjo
The purpose of this paper is (1) to explained whether human rights in the 1945 Constitution of the Republic of Indonesia have adopted universal human rights, and (2) the configuration of the implementation of universal human rights in the Republic of Indonesia. This paper was used comparative and synchronous...
Proceedings Article

Cyber Attack - The Burden of International Crime Proof: Obstacles and Challenges

Maskun, Naswar, Achmad, Hasbi Assidiq, Armelia Safira, Siti Nurhalima Lubis
Cyber-attack is a negative impact of the development of technology in the modernization era. This attack utilizes technology to attack telecommunications networks. According to international law, cyber-attacks can be categorized as international crimes. Cyber-attacks took place in Estonia and Iran resulted...
Proceedings Article

Indonesian Republic Government’s Role in Handling Refugees in Pekanbaru According to the Presidential Regulation Number 125 of 2016 concerning Handling Refugees

Fithriatus Shalihah, Uni Tsulasi Putri
This study aims to find out the government’s role in handling refugees from abroad and analyze obstacles affecting the implementation of government policies according to Indonesian presidential regulation number 125 of 2016 in handling refugees at the Pekanbaru Immigration Detention House (IDH). This...
Proceedings Article

The Implementation of Act 29/ 2004 Concerning Medical Practice and Its Implementation Regulations

Iman Firmansyah, Asti Wasiska, Rahmah Marsinah
Medical practice law is the answer to the doctor’s responsibility in standardizing the profession. If the medical practice was done without fulfilling that pre-requirement, the medical practice administrators could be sentenced by administrative or juridical sanction. There are implementing regulations...
Proceedings Article

Special Electoral Tribunal as a Solution for Fairness and Fulfillment of Human Rights of the Candidates for Membership of the House of Representatives and Regional People’s Representatives Assembly

Demson Tiopan, Shelly Kurniawan, Yudha Pamungkas
Issues regarding election (in this case, the election for the House of Representatives and Regional People’s Representative Assembly) is divided to violations against the election, disputes over election processes, and disputes over election result. The author’s purpose in making this research is to...
Proceedings Article

ASEAN Experiences on Judicial Utilization of Scientific Evidence in Environmental Justice Cases

Cecep Aminudin, Efa Laela Fakhriah, Ida Nurlinda, Isis Ikhwansyah
Scientific evidence is one of legal and evidentiary challenges in the court settlement of environmental disputes in ASEAN. The issue of scientific evidence in court is related to the outcome of environmental justice cases settlement. The aim of this article is to discusses some available references in...
Proceedings Article

Legal Protection for Freelance Daily Employee in Salt Pond Madura

Yayuk Sugiarti, Asri Wijayanti, Lilik Puja Rahayu, Anak Agung Sagung Ngurah Indradewi
This study aims to determine and analyze the forms and legal remedies for legal protection for casual daily laborers in salt ponds Madura. This normative legal research uses a statutory approach. Research shows that daily paid workers in salt ponds Madura work more than 21 days in a month for more than...
Proceedings Article

The Role of the Constitutional Court as a Stimulator of the Amendment of Traffic and Road Transport Act

Winda Wijayanti, Mery Christian Putri, Sharfina Sabila
There is a huge increase in the road traffic accidents by underage vehicle drivers. They should not be in the highway, therefore it becomes parent’s obligation to watch their activity. However, they often ride vehicles in a highway that may cause road accidents that takes victims. It seems to be an unjust...
Proceedings Article

Spatial Law and Production of Space in the Context of Cemetery in Surabaya

Victor Imanuel W. Nalle
This article criticizes spatial law about the availability of cemeteries in Surabaya, Indonesia. The analysis in this article uses the concept of social space production by Henri Lefebvre. This article reviews how the paradigm of spatial law in Indonesia impacts on spatial regulation and the availability...
Proceedings Article

Employment Law System in the Covid-19 and New Normal Pandemic Periods

Citra Resmi Nanda Putri Pratiwi, Tri Lisiani Prihatinah
The Ministry of Manpower on April 20, 2020 collected data on workers who were dismissed and sent home during the Covid-19 pandemic, around 2,084,593 workers from 116,370 companies have been sent home. To avoid a legal vacuum during the Covid-19 pandemic, the government issued an employment policy. Based...
Proceedings Article

The Urgency of Regulating Taxation on Online Business in Instagram Platform

Nasrullah, Sinta Amalia
In this digital era, Instagram becomes a platform which demand by many people. With that phenomenon, the number of online businessmen on Instagram is growing rapidly and they are obtaining a lot of income. This income is very potential to become state revenue. However, many people who conduct online...
Proceedings Article

Legal Reconstruction of Tax-Sharing Funds in Indonesia: Towards the Progressive and Democratic Tax Function

Anis Wahyu Hermawan, Henry Dianto Pardamean Sinaga, Leo B. Barus
There is still a polemic related to tax-sharing funds (DBH), such as transparency and disbursement, which must be addressed immediately so as not to marginalize substantive justice and obscure the meaning of decentralization. Based on the normative method by using democratic theory, two conclusions are...
Proceedings Article

Electronic Voting: Towards Indonesian Democratic Constitutional Election

Mohammad Mahrus Ali, Alia Harumdani Widjaja
Electronic voting (e-voting) is an constitutional electoral system that can be applied to create effective and efficient democratic elections. The vast territory of Indonesia and a large number of logistics preparation, it turns into costly elections. The problem of miscalculation, inaccuracy counting...
Proceedings Article

The Ideals of Pancasila Law in the Process of Forming Legislation

Hariyanto, Kadar Pamuji, Tedi Sudrajat
The ideals of Pancasila law are thought constructs which are imperative to direct the law to the ideals desired by society. The problem is what are the ideals of Pancasila law in the formulation of democratic laws and regulations and responsive and participatory legal products in this reform era. This...
Proceedings Article

The Problem of Norm on the Retroactive Patent Certificate

Anak Agung Sagung Ngurah Indradewi, Agus Supriyo, Lilik Puja Rahayu, Yayuk Sugiarti, Ni Putu Yunika Sulistyawati, I Made Wahyu Chandra Satriana
This study aims to analyze the meaning of “retroactive” in Article 60 of the Patent Law which has multiple interpretations. This legal research is normative with a grammatical interpretation approach. The result of the research is that there is a vague interpretation of a norm on the phrase “retroactive”...
Proceedings Article

The Legal Protection for the Creditors as the Holders of the Mortgage Rights Towards the Buildings Rights Over the Managements Rights

Agus Suprihanto
Based on the research results, it can be concluded that (1) The process of making a Land Use Agreement does not fulfill the principles of justice and legal certainty for the parties. (2) The transfer of rights to the object of the Building Use Rights on the land of the Management Rights is not in accordance...
Proceedings Article

The Urgency of Regulation Regarding Standardization of Documentation in Electronic Medical Records

Rano Indradi Sudra
Medical records are documents that must be made in every health service. As an electronic form of medical records, electronic medical records (EMR) do not just transfer content from paper to computer screens, but many adjustments are needed including standardizing documentation. Standardization related...
Proceedings Article

Legal Protection Towards Geographical Indication of Meranti Liberika Coffee According to Law Number 20 of 2016 on Trademarks and Geographical Indications

Fithriatus Shalihah, Deslaely Putranti
Government of the Republic of Indonesia has declared that 2018 is the year of Geographical Indication (GI). Riau Province has its registered GI product; Rangsang Meranti Liberika Coffee originating from West Kedabu Village, Rangsang Pesisir Subdistrict, Kepulauan Meranti Regency, Riau Province. This...
Proceedings Article

Authority Dynamic Law of Central and Regional Governments in Managing Natural Resources

Achmad Hariri, Anang Dony Irawan, Al Qodar Purwo
The dialectic of central and regional authority has been going on for a long time, even before this state was formed, the debate between the form of a unitary state and the federalism colored the discussion of constitutional formulation. Soekarna represents unitary ideology while Moh Hatta is Federalist....
Proceedings Article

E-Proxy Implementation in General Meeting of Shareholders for Public Companies in the Pandemic Era Covid-19

The Financial Services Authority (FSA) has issued a policy for public companies that will hold a General Meeting of Shareholders (GMS). This was done as an impact on Covid-19 Pandemic in terms of e-proxy or electronic authorization. The FSA policy addresses problems for shareholders that cannot attend...
Proceedings Article

The Role of “Mantri” in Reporting the Feasibility Data of the Prospective Debtor and Its Effect on the Number of Bad Loans

Marwah, Nurfaidah Said, Fildanasari
People’s Business Credit (KUR) is one of the government programs in increasing access to financing for Micro and Small and Medium Enterprises. The role of Mantri is very important in the distribution of KUR at PT. Bank Rakyat Indonesia (Persero) Tbk, to the public. Mantri is one of the positions assigned...
Proceedings Article

Arrangement of Procurement of Defense Equipment That Supports the Development of the Defense Industry

Dodik Umar Sidik, Isnu Harjo Prayitno
The procurement of defense equipment, in accordance with the mandate of Law Number 16 of 2012 concerning Defense Industry is necessary to consider the capabilities of the defense industry and the confidentiality of the controlled technology. The practice of procuring defense equipment for the benefit...
Proceedings Article

Position of Non-Marital Children in Inheritance Reviewed From Tengger’s Adat Law

Wahyu Krisnanto, Chris Ayu Berta Uli Sagala, Frans Candra Ziliwu
The core family is the smallest group of a society consisting of father, mother and children. The child’s existence in a family has a very important value for the family. Not only as a succession generation of family descendants but also a family heir. However, not infrequently the presence of children...
Proceedings Article

Forensic Identification of Workplace Accidents Causing Death (A Case Report)

Ria Kumala, Ahmad Yudianto, Sudjari Solichin
The industrial revolution brought progress to society, but indirectly led to a high number of work-related accidents. Data from ILO stated nearly 2.3 million people died per year worldwide due to work-related accidents/diseases. In case of workplace accidents, forensic doctors have a very important role...
Proceedings Article

The Effectiveness of Postal Money Orders Services to Minimize the Circulation of Money in Correctional Institutions Class IIA Besi Nusakambangan

Muhamad Anwar
The purpose of compilers of conducting this research is to minimize the circulation of money carried out by prison inmates while in a correctional institution, the circulation of money may result in a violation of rules and regulations which may cause security problems, which has implications for disciplinary...
Proceedings Article

Correctional Revitalization

Agus Wijanarko
Law No. 12 of 1995 has mandated the formation of prison inmates with the penal system. In the course of time, there are many problems faced by correctional institutions in carrying out their functions which often hamper their implementation. These barriers ranging from inadequate facilities and infrastructure,...
Proceedings Article

Application of the Reform of the Criminal Law System in Presidential Regulation No. 95 of 2018 Concerning Electronic-Based Government Systems Against Online Parole for Prisoners

Agung Isdwiantoro
Presidential Regulation Number 95 of 2018 concerning Electronic Based Government Systems regulates the implementation of online conditional release for prisoners as one of the fulfillment of prisoners’ rights. This research needs to know in advance about the rules of conditional release online and know...
Proceedings Article

Measuring Challenges of the Implementation of Anti-Corruption Education at Junior High Schools Level in Madura

Tolib Effendi, Rusmilawati Windari
Anti-corruption education has acceded as an effort to prevent corruption from an early age. The government has prepared anti-corruption education efforts at the basic education level through various policies up to eventually establishing a model for integrating anti-corruption education at the basic...
Proceedings Article

The Effectiveness of Granting Justice Collaboration (JC) for Terrorist Institutions High Risk Pasir Putih Nusakambangan

Alif Fathurochman
The Bali Bombing incident was the worst act of terrorism which was widely criticized by the international community. The role of justice collabortors like Ali Imron is very large to protect the country from more severe losses and violations of the law that occur. The problems in this research is how...
Proceedings Article

The Effectiveness of Providing Integration in Reducing Overcapacity at the Penitentiary

Awal Setiabudi
The government’s policy of freeing prisoners in the midst of the Covid-19 pandemic caused controversy in the community. Some parties expressed objections to concerns about rising crime, while others actually supported the efforts to prevent and spread Covid-19. The formulation of the problem in this...
Proceedings Article

The Role of the Guardians in Deradicalization of Terrorist Caps Outside the Super Maximum Security Nusakambangan

Aris Dwi Ismanto
Terrorist Prisoners in the Super Maximum Security Nusakambangan Penitentiary” Guidance for convicts of terrorism cases in prisons is of course very necessary. This is so that when the prisoner has finished serving his sentence, it is hoped that he will be able to return well to the community and not...
Proceedings Article

Mapping Effectiveness of Criminal Terrorism in Achieving Deradicalization in the High Risk Pasir Putih Nusakambangan

Eko Purwanto
This thesis entitled “The Effectiveness of Mapping of Terrorism Prisoners in Achieving Deradicalization in the Pasir Putih High Risk Prison Nusakambangan” Correctional Institution or abbreviated (LAPAS) is an institution of the criminal justice sub-system which has a strategic function as the implementation...
Proceedings Article

One Man One Cell Implementation Effectiveness for Terrorism Institution High Risk Pasir Putih Nusakambangan

Dias Martha
This thesis is entitled “The Effectiveness of One Man One Cell Implementation for Terrorism Prisoners in the High Risk Prison, Pasir Putih Nusakambangan”. The special treatment carried out by the prison authorities for terrorism convicts is that the placement has been carried out in accordance with the...
Proceedings Article

Correctional Institution Policy (prison) in Assimilating Covid Virus 19 (Corona)

Hamdono Sari
The Covid-19 pandemic has become a national disaster for Indonesia, in this case the Indonesian Ministry of Law and Human Rights issued a policy to assimilate prisoners to prevent them from spreading Covid-19. This research uses descriptive qualitative research methods with a literature study approach...
Proceedings Article

Effectiveness of Human Rights-Based Public Services in Narcotics Correctional Institutions Class IIA Nusakambangan Based on Regulation of the Minister of Law and Human Rights Number 27 Year 2018

Wisnu Galih Kusuma
Penitentiary as a guiding institution aims to make prisoners target. The Narcotics Correctional Institution Class II A Nusakambangan continues to improve to improve public service facilities in the prison area, from the arrangement of the parking area, the visiting room made more comfortable, children’s...
Proceedings Article

Problem Analysis of Proposing Parole Relation to Narcotics Prisoners Related to PP Number 99 Year 2012 in Nusakambangan Narcotics Prison

Meinar Ayu Dewi Shinta
The phenomenon of narcotics crime that is rampant in Indonesia requires a special approach to suppress its circulation, including in terms of punishment and penal. Correctional institutions as a place that plays a role in fostering narcotics inmates not to repeat his actions. Conditional release is an...
Proceedings Article

Treatment of High Risk Prisoners in Batu Nusakambangan Class I Correctional Institutions for Human Rights

Mohammad Ibnu Fajar
The Ministry of Law and Human Rights (Kemenkum HAM) has implemented a high-risk system or the security of high-risk prisoners at the Batu Dam White Sand Correctional Institution (Lapas), Central Java. This high risk status is specifically for prisoners of narcotics and terrorism cases. Batu Nusakambangan...
Proceedings Article

Sectoral Statistic Data Integration

Kuat Herry Isnanto
Sectoral statistics is one of the product an institution work that can be used as a reference in development planning in local governments. In managing sectoral statistical data in the regions there are problems, one of which is often found differences in data and collection time which takes a long time...
Proceedings Article

Effectiveness of the Implementation of Rehabilitation for Prisoners in Narcotics Class IIA Correctional Institutions in Nusakambangan

Teguh Nugroho
Narcotics abuse is a person who uses narcotics without rights or against the law. Article 127 Paragraph (3) of Law Number 35 Year 2009 states that in the case of narcotics abusers, whether they can be proven or proven to be victims of narcotics abusers, they must undergo medical and social rehabilitation...
Proceedings Article

Human Rights and Biological Needs of Prisoners

Biological needs as basic human needs cause prisoners to fulfill informally and deviate to fulfill their biological rights. Illegal sex business practices are rife at the Penitentiary as a reaction to prisoners’ requests to be able to meet their natural needs. Indonesia as a rule of law has an obligation...
Proceedings Article

The Effectiveness of Fostering Independence for Prisoners as a Provision for Community Reintegration

Moch Soenaryo
Skills development as one of the prisoners ‘training programs, to make prisoners to get along with other prisoners while undergoing skills and also as prisoners’ provisions in the process of reintegration with the community. The formulation of the problem of this research are 1) How is the implementation...
Proceedings Article

Alternative Dispute Resolution as a Solution to Family Law Issue (Field Study at the Muhammadiyah Branch Leaders in Tegalgondo, Malang)

Rahayu Hartini, R. Tanzil Fawaiq Sayyaf, Luciana Anggraeni
Harmonious family life is the goal of fostering the household to become sakinah, but it cannot be denied that conflict will always arise in family life, so an alternative dispute resolution is needed. The main question that arises is why people take litigation methods to solve family problems such as...
Proceedings Article

The Covid-19 Situation: The Role of Guiding Principles in Regional Comprehensive Economic Partnership (RCEP) in ASEAN Economic Recovery

Amalina Binti Ahmad Tajudin
This paper investigates the impact of the Regional Comprehensive Economic Partnership (RCEP) trade agreement that is expected to boost 45% of the world’s population economy by 2021. With ASEAN and 5 developed nations participating in RCEP, one area of concern is how these different nations could achieve...
Proceedings Article

Effectiveness of Online Remission Implementation

Bima Ganesha Widyadarma
In the process of fostering prisoners, it is known that there is a period of parole for prisoners, which is regulated in Article 14 Paragraph (1) letter k of Law Number 12 of 1995 concerning correctional prison, which states that prisoners are entitled to get parole. The formulation of the problems in...
Proceedings Article

The Problematics of Legal Protection Towards Victims of Domestic Physical Violence in Indonesia

Rani Hendriana
People basically had psychological violence but do not realize that they are victims of domestic violence. Even though he is aware, there is a tendency to put aside the psychological suffering. The ignorance of psychological suffering can certainly affect a person’s mental health, and may even have implications...
Proceedings Article

Force Majeure and Unfulfillment of Construction Contracts Due to COVID-19 in Indonesia

Edison Hatoguan Manurung, Ina Heliany
The COVID-19 pandemic has a significant impact on economic stability, including a slowdown and even a recession in the world economy. This also has an impact on the construction problem in Indonesia which destroys all social pillars and especially business actors, plus the government has implemented...
Proceedings Article

Policy on the Special Treatment of High Risk Prisoners in the Batu Nusakambangan Class I Prison

Akhmad Khanifudin
The state has no right to make someone worse or worse than before being imprisoned. Therefore, we need a clear system regarding the treatment of prisoners. The formulation of the problem in this study is how the special treatment of high-risk prisoners in the Batu Nusakambangan Class I prison and how...
Proceedings Article

Political Law Crime Money Politics in General Elections and Regional Head Elections

Money politics in organizing general elections and regional head elections still occurs using a variety of methods. Money politics criminal acts are regulated in Article 523 paragraph (1) to paragraph (3) of Law no. 7 of 2017 concerning Elections, which are divided into 3 categories, namely during the...
Proceedings Article

The Role of the International Law Commission in the United Nations. Progress or Stagnant?

Ria Karlina Lubis
The urgent need for international law codification leads us to the establishment of The International Law Commission (ILC). The principle purpose of codification is to tackle obstacles due to the uncertainty of customary and the abstract aspect of the general principle. In daily interaction, the subject...
Proceedings Article

The Study of Natuna Island Dispute Between Indonesia and China, Based on UNCLOS 1982

Yoyon Mulyana Darusman, Anisa Fauziah, Boru Dwi Sumarna
Every sovereign statemust have territory. Either land, sea and air. Likewise with the country of Indonesia, which consists of 2/3 parts of its territory, the ocean. With the sovereign rights in the maritime area, Indonesia has the right to its jurisdiction in the maritime area by continuing to approve...
Proceedings Article

Tracing the Logic Fallacy in Formulating the Norms of “Everyone” and Its Application to Criminal Actions Committed by Corporations

Panca Sarjana Putra, Muhammad Imanuddin
Law, as science at an epistemological level, of course, has been constructed based on thinking and reasoning, which is subject to scientific logic. Thus, scientific reasoning has a systematic, sequential, and logical pattern. However, a model of legal reasoning will find its articulation in the legislative...
Proceedings Article

The Optimization of Halal Certification in Indonesia:Finding Right Balance between Consumer and Businessmen Interest

Wirdyaningsih, Iffah karimah, Aufi Qonitatus Syahida, Annisah Marwah Nabilah
The halal market’s growing trend has enormous potential that can be utilized to benefit Muslim society. In Indonesia, the regulation of halal market stipulated in Halal Product Assurance Act No. 33 Year 2014. This law gives Halal Certification obligation for all products that are entered, circulated,...
Proceedings Article

The Enforceability Force Majeure’s Clause in Performance of Business Contracts During Pandemic Covid-19 in Indonesia

Nizam Zakka Arrizal
This study examines the enforceability of Force Majeure’s clauses in the Performance of business contracts during the covid-19 pandemic in Indonesia, so that a study of the problem with the legal issues discussed are Is the Covid-19 Pandemic a force majeure? and What is legal consequences as a result...
Proceedings Article

Legal Protection of the Parties in the Franchise Agreement

Dharu Triasih, Dewi Tuti Muryati
Franchise agreements are based on the principles of contractual freedom set out in Article 1338 of the Civil Code. However, the implementation on this basis needs to pay attention to the requirements mentioned in Article 1320 of the Civil Code which is about the legal conditions of an agreement. One...
Proceedings Article

The Protection of Rights to Education for the Refugee Children During the Covid-19 Pandemic

Fithriatus Shalihah, Uni Tsulasi Putri
Child as the smalles member in family is the main vulnarable actor. Internationally speaking, the protection of children’s rights is granted under the Convention on the Rights of the Children. One of the most crucial children righs to be concerned is the right to education in a non-discriminatory manner....
Proceedings Article

Spatial Planning Policy in the Region: Problems and Solutions

Haris Budiman, Bias Lintang Dialog, Dikha Anugrah
Spatial planning policies in the regions must be designed in Regional Spatial Plan (RTRW) and Detailed Spatial Plan (RDTR). In its implementation, the majority of regions in Indonesia only formulate RTRW, and do not elaborate it in RDTR, as spatial planning policy is seen as to achieve the target of...
Proceedings Article

Fighting for Ecological Justice Through Administrative Court: A Case Study of the Verdict of Makassar Administrative Court in Indonesia

Francisca Romana Harjiyatni, Meicke Caroline Anthoni
The struggle for environmental justice through this court often fails, including the struggle of the Indonesian Forum for the Environment (WALHI) through the Makassar State Administrative Court. More specifically, this paper discusses: 1) WALHI’s reasons to sue Makassar State Administrative Court; and...
Proceedings Article

The State of Indonesia Needs Investment to Accelerate Infrastructure Development After New Normal Policies Due to Covid-19

Surizki Febrianto, Suparto
Indonesia as a developing country heading towards developed countries is demanded to make efforts to accelerate economic growth. One way that can be done is to invite investors to invest their capital in Indonesia, both domestic investors and foreign investors as contained in the Law of the Republic...
Proceedings Article

The Role of Law in the Improvement of Maternal Health in Central Sumba

Dyah Hapsari Prananingrum
This research focuses on the issue of how law should be developed to improve maternal health issues at the regional level, particularly in Central Sumba Regency, East Nusa Tenggara, Indonesia. Based on the presumption that law can be used as a tool to achieve the goals of the community, this study aims...
Proceedings Article

Obligation of Establishment Registration of A Partnership Business Entity Based on Commercial Law Code After the Enactment of the Minister of Law and Human Rights Regulation of the Number 17 Year 2018

R. Murjiyanto, Devi Andani
Commercial Law Code (KUHD) set regarding about process of establishing business entities in the form of partnerships such as the General Partnership and the Limited Partnership (Comanditair Vennootschap / CV), there must be registered with the Registrar of the local District Court. Then based on the...
Proceedings Article

Precautionary Principle Approach in Time of Financial System Crisis

Kukuh Komandoko
The precautionary principle has the potential and essential role concerning specific fields to be applied more broadly and understood as an alternative approach in making decisions in the face of dangerous and uncertain threats. Thus, it is possible to use the precautionary principle approach in the...
Proceedings Article

The Prospect of Online Dispute Resolution (ODR) and Business Dispute Resolution in the Legal System in Indonesia

Pan Lindawaty Suherman Sewu
WHO decided COVID-19 as a global pandemic. Pandemic is a situation in which a disease is spread to a lot of people in a number of countries at the same time. The number of the spreading of the corona virus is significantly increasing and globally continuing. The potentiality of disputes of business activities...
Proceedings Article

Arrangement of Sharia Agreement in Hajj Funds Investment With Productive Waqf Schemes

Vidya Nurchaliza, Wirdyaningsih
The management of the Hajj fund by BPKH is still not optimal. Up until now, BPKH only invested the Hajj funds in the form of banking products and securities. Even though the Hajj Financial Management Act also mandates the placement of Hajj funds in the form of direct investment. On the other hand, productive...
Proceedings Article

The Effectiveness of the Penitentiary Revitalization Program on Nusakambangan Island in Accordance With the Minister of Law and Human Rights Regulation No. 35 of 2018 Concerning Revitalization of Correctional Organizations

Arfianto Indrajaya
In accordance with Article 2 point C of the Regulation of the Minister of Law and Human Rights Republic of Indonesia Number: 35 of 2018 concerning Penitentiary Revitalization that the Revitalization of Correctional Organization aims to enhance the role of Community Guidance. The formulation of the problem...
Proceedings Article

The Importance of Restorative Justice in the Settlement of Criminal Actions Which Harm an Individual Interest

Beny Timor Prasetyo
Restorative justice is an approach that aims to build a criminal justice system that is sensitive to victims’ problems. Restorative justice is important in relation to crime victims, because this approach is a form of criticism of the current criminal justice system in Indonesia which tends towards retributive...
Proceedings Article

Effectiveness of Prisoners’ Online Visit in Penitentiary Class IIA Permisan Nusakambangan

Candra Putra Perwira
Efforts to uphold these human rights can also be carried out in consulting institutions. One of prisoners’ rights in prison is the right to receive visits from their families. In Law Number 12 Year 1995 Article 14 letter (h) concerning Penitentiary states that prisoners are entitled to receive family...
Proceedings Article

Comparison of Regulations on Human Rights in the Constitution of 1945 and the Constitution of Medina

Suparto, Admiral
In terms of Human Rights there are many differences in the realm of the individual/private such as marriage, employment relations, citizenship status and differences in the concept of Human Rights protection in which the Constitution of 1945 adheres to the principle of democratic rule of law while the...
Proceedings Article

Understanding the Restorative Idea of the Correctional Institution in Indonesia

Ariesta Wibisono Anditya
Indonesian Ministry of Law and Human Rights recently released a large number of prisoners. More than 30,000 prisoners were set free. Law and Human Rights Minister stated this is due to the possible surge of the novel coronavirus in several overcrowded prisons. In the following days after being released,...
Proceedings Article

The Meaning and Development of State Emergency Laws Based on Constitution in the Indonesian Legal System

Atma Suganda, Musa Anthony Siregar
Supremacy of law constitute the main resultant of the principle of the state based on law, which is conserved by legal experts in the legal traditions of Continental Europe and the Anglo-Saxon legal system, is that all government actions must be based on law, governed by law, controlled according to...
Proceedings Article

Criticize the Constitutional Rights of Citizens on Era and Post Pandemic Covid 19 in State of the Republic of Indonesia

Nany Suryawati
The Constitution of the Republic of Indonesia has been stated in Article 1 paragraph (3), that the State of Indonesia is a State based on law (rechtsstaat), which places recognition and protection of human rights especially the rights of citizens as the highest, and also shows the harmony of relations...
Proceedings Article

Public Participation Urgency as Efforts and Requirements for the Formation of Good Law

Bayu Dwi Anggono, Fahmi Ramadhan Firdaus
One of the requirements for a good law is participatory, this is needed in the hope that the law can be effectively implemented, because the aspirations of the needs of the public have been accommodated. However, it is not uncommon for the process of establishing laws in Indonesia to be considered to...
Proceedings Article

State Responsibility and Justice in Fulfillment of National Health Insurance in Indonesia

Diah Arimbi
National health insurance is one of the human rights essences that is abstracted from health rights, the need for national health insurance will affect individual life, group even a state. The protection of national health insurance is given by the state as a form of protection from rights. National...
Proceedings Article

Legal Protection Urgency of Children’s Rights From Violence Action in Tangerang Selatan Area

Feb Amni Hayati, Susantoor, Oksidelfa Yanto
This research is the result of research with Contract Number: 0225 / D5 / SPKP / LPPM / UNPAM / II / 2020. This study aims to determine the urgency of legal protection for children’s rights from violence in the city of South Tangerang. The focus of this research is on the role of the Integrated Service...
Proceedings Article

Legal Study of Family Resilience: Domestic Violence as Cause for Women for Divorce in Purwokerto

Meliana Damayanti, Siti Haniyah
This article is focusing on the legal study and discussing in the area of Acts: the women’s rights and social stigma related to divorce cases because of domestic violence in Purwokerto. The objective of this research is to find out the legal study of victims’ rights especially women’s rights in the family’s...
Proceedings Article

Autopsy Findings on a Corpse With Blunt Trauma Suspected Murder (Case Report)

Puji Rahayu, Ahmad Yudianto
In some cases of morbid deaths, especially bodies found in water, researchers need the help of a forensic pathologist to determine whether the deaths were due to suicide. A 58-year-old man, fully clothed, was found at the port of Tanjung Perak in a state of float on his stomach. Initially, investigators...
Proceedings Article

Diversion Urgency in Traffic Violations Committed by Minors

Yunan Prasetyo Kurniawan, Hartiwiningsih, Hari Purwadi, Soehartono
Increasing of traffic breach committed by minors and/or at children age, shows the weak role of regulations related to child protection and child welfare, as well as the weakness and inaccurate sanctions applied to violators. Sanctions given to them based on Law No. 22 of 2009 concerning traffic and...
Proceedings Article

Overcriminalization Due to Moral Panic Covid-19 Pandemic

Arif Awaludin, Iskatrinah
Public health has become the new moral of modern society. The spread of covid-19 pandemic related to public health interests caused moral panic. This article analyzes the discursive process of criminalization in Indonesia. Law enforcement in Indonesia is fighting people who respond to the moral panic...
Proceedings Article

Review of the Juvenile Justice System for Children With Disabilities as Juvenile Offender in Indonesia

Sunnah, Tuti Widyaningrum
In dealing with children with disabilities who are juvenile offenders, law enforcers face obstacles in interacting because the special needs of the children with disabilities are not understood and the children lack understanding of criminal law enforcement processes. Indonesian Law Number 11 of 2012...
Proceedings Article

Fair and Beneficial Tobacco Excise Sharing Funds Regulations for Tobacco Farmers in Indonesia

Aditya Wirawan, Benny Rikardo P. Sinaga
The prosperity of cigarette factory entrepreneurs and the increasing of the tobacco excise revenue in Indonesia is in stark contrast to the vulnerability of poverty experienced by tobacco farmers. It is urgent and necessary to describe the prevailing of Tobacco Excise Production Sharing Fund (DBHCHT),...
Proceedings Article

Propria Delicht on Indonesian Financial Policy Relating to Covid-19

Retno Dewi Pulung Sari
The government acted swiftly by issuing Law Number 2 of 2020 concerning the stipulation of Government Regulations in lieu of Law Number 1 of 2020 concerning Financial Policies and Financial System in handling Pandemic Corona Virus Disease 2019 (Covid-19) an / or in Order to Face Threats which Endangers...
Proceedings Article

Rural Spatial Planning and Public Participation in Preserving Cultural Heritage Site

Rofi Wahanisa, Aprila Niravita, Wakhidatun Nissak
The Law of Spatial Planning stipulates that in order to create safe, comfortable, productive, and sustainable space it is required to carry out spatial planning which is able to harmonize natural and artificial environments, achieve integration between the use of natural and artificial resources, protect...
Proceedings Article

Risk Distribution in Coal Mining: Fighting for Environmental Justice in East Kalimantan, Indonesia

Muhamad Muhdar, Mohamad Nasir, Juli Nurdiana
This study is aimed to explore the environmental risk posed by the unsustainable mining activities in Mulawarman village, East Kalimantan, and articulate the disproportionate impact from the perspective of environmental justice on how mining regulations affect the lives of a vulnerable community. A qualitative...
Proceedings Article

Reclamation as Land Procurement Efforts for Development for Public Interest

Sri Herowanti Susilo
This research reveals the relationship between reclamation and land procurement laws for development in the public interest; Whether or not it is necessary to rearrange the provisions of reclamation in a provision that is generally applicable and intersectoral and integrated in the types of land rights...
Proceedings Article

The Needed but Unwanted Independent Regulatory Agencies: Questioning Their Legitimacy and Control in Indonesia

Rizki Ramadani, Andika Prawira Buana
Along with the wave of democracy in 20th century, one of the most dominant trends of public institution in OECD countries is the shift from a centralized bureaucracy to a decentralized and autonomous institution. Such are the so called “Independent Regulatory Agencies” (IRAs). The same trend happened...
Proceedings Article

Application of the Proportionality Principle in the Credit Restructuring Policy for the SMEs Financial Performance During the Covid-19 Pandemic in Indonesia

Kukuh Tejomurti, Nurhidayatuloh, Irawati Handayani
This article aimed to analyze how to apply the fundamental principle of proportionality in the restructuring of credit contracts to stabilize economic growth in Indonesia during the Covid-19 pandemic period. The spread of Covid-19 directly or indirectly affects debtors’ output and ability, including...
Proceedings Article

Relevance for the Establishment of the Truth and Reconciliation Commission for the Enforcement of Human Rights in Indonesia

Woro Winandi, Endah Lestari Dwirokhmeiti
The rise of cases of gross violations of human rights in Indonesia that have not been revolved through the courts must be resolved by an institution that adopts the values of the local wisdom of the community. The formation of an institution called the truth and reconciliation committee is expected to...
Proceedings Article

The Effectiveness of E-Procurement in Realizing Good Governance in the Regency of Kampar

Nasrullah, Ghina Salsabila Aven
Electronic procurement of government’s goods or services (e-procurement) which launched by the Government in 2010 is aimed to increase transparency and accountability as well as to realize clean and good governance and it has been commenced into practice by the Local Government of Kampar, Riau Province...
Proceedings Article

Legal Review of Collective Investment Contracts in Issuance of Sharia Mutual Fund Instruments According to Islamic Law (Case Study in Indonesia)

Gemala Dewi, Achmad Abdullah Farchan
According to the Capital Market Law in Indonesia, namely Law no. 8 years 1995 concerning the Capital Market, Mutual fund management can be in the form of a Limited Liability Company and can also be in the form of a Collective Investment Contract (KIK). This article will explore the legal form of KIK...
Proceedings Article

Copyright Tribunal in Malaysia. The New Paradigm

Nazura Abdul Manap
With the increasing of intellectual property cases in Malaysia, the specialised court;i.e, the Intellectual Property Court is not the only mechanism for access to justice. Due to the advent of alternative disputes resolution, a Copyright Tribunal was introduced, which is the first and only intellectual...
Proceedings Article

COVID-19 Response and Human Rights - Comments From the German and European Perspective

Thomas Schmitz
The coronavirus pandemic is a challenge for the constitutional state. The state must take measures to stop it but they have a serious impact on economic, social and private life and, thus, on human and fundamental rights. This contribution dicusses from the German and European perspective the classical...
Proceedings Article

Sustainability and Its Responsibility

Tri Lisiani Prihatinah
A food security becomes an important issue in Indonesia as it does not only relate to the survival of individual but it is also an important way to combat poverty. This could be analyzed from sustainability point of view, which is important to integrate the concept of sustainability transferred into...
Proceedings Article

Company Policy on Termination of Employment at Pandemic Covid-19 From a Fair and Justice Perspective

Prawitra Thalib, Herman, Sri Winarsi, Faizal Kurniawan, Wahyu Aliansa
Currently the spread of the Covid-19 Virus develops rapidly not only in Indonesia but almost all over the world, before the new normal applied by the government, almost most cities in Indonesia implemented a large-scale social restriction (hereinafter called PSBB) It means that all activities are done...
Proceedings Article

Legal Protection Factors for Owner of Land Right in the Land Procurement That is Still Not Giving Justice (Legal Case Study on Semarang-Solo Freeway Construction in Boyolali Regency)

Nanik Sutarni
The research is conducted on an unsupported by the fulfillment of rights for land rights holders on the construction of the Semarang-Solo freeway in Boyolali. The purpose of this study is to identify the factors that lead the protection of landrights holders in the securing of land for development of...