Proceedings of the International Conference on Law, Governance and Islamic Society (ICOLGIS 2019)
An Assessment of the Objectives of Decentralization in Aceh Autonomous Region
Muhammad Razi, Khairil Azmin Mokhtar
After about two decades, decentralization gained momentum in Aceh, it is timely to assess to what extent the aims and objectives of the decentralization have been achieved. This research paper initially seeks to determine the underlying factors and causes of the decentralization in Aceh Special Region....
The Agricultural Land Conversion Control as a Policy for the Welfare of the People
Abdurrahman, Muhammad Yamin, Faisal A Rani, Ilyas Ismail
Landowners in principle have the authority to use their land for various functions to meet their needs and welfare. On the other hand, the state has the authority to control the use of land. Agricultural land included in the area of sustainable food-crop agricultural land is prohibited from being converted...
The Existence of Distinction Principle in Preventing Victims of Armed Conflicts Based on the International Humanitarian Law
Parties involved in armed conflict are forbidden to commit murder, torture, rape, and punishment outside the legal method. However, in various armed conflicts, many people, who are not involved in the conflict, became the victims, wounded, sick, killed, and lost their property. This circumstance is because...
Local Wisdom and Role of Society in Spatial Planning in the Region
Ahyar, Eko Noer Kristiyanto
Before the rapid development of modern knowledge on spatial planning, the indigenous people of Indonesia had known spatial planning conception. Many discussions and research have been proven to be effective and in line with modern knowledge. We can perceive this traditional conception of spatial planning...
Transparency of Information Disclosure in the Management of State-Owned Enterprises
A H Nasution, B Nasution, O K Saidin, Sunarmi
A State-Owned Enterprise (SOE) is a company business entity in which all or most of its capital is owned by the state through direct participation from the separated state assets. The research method in the present study is normative juridical supported by library data. Violation of the principle of...
The Importance of Transparency Principles in Management of State-Owned Plantation Enterprises
Anderson Siringo-Ringo, Bismar Nasution, Ningrum Natasya Sirait, Mahmul Siregar
The contribution of State-Owned Plantation Enterprises (SOPE) of has a strategic role as one of the economic institutions in Indonesia. This study discusses the importance of the transparency principle in the management of SOPE to anticipate various frauds. One of the factors that cause the SOPE inefficient...
Alternative Optimization of Hajj Fund Using Sharia Shares
Andre Zanij Deananda, Wirdyaningsih
Hajj fund management is the responsibility of the Haji Financial Management Agency (HFMA) since the enactment of Government regulations no. 5 of 2018 concerning Implementation of Law number 34 of 2014 about Management of Financial Hajj. Management in the form of Sharia Investment is the choice of HFMA...
The Effect of Legal Culture Toward Criminal Policies of Bribery in Indonesia
Anton Diary Steward Surbakti, Ediwarman, Madiasa Ablisar, M. Hamdan
This research aims to analyse the influence of legal culture on criminal policies of bribery in Indonesia. As a new weapon in the prevention and eradication of corruption, Indonesia has ratified the 2003 United Nation Convention against Corruption (UNCAC), which stated that corruption is a common enemy...
Implementation of Law Number 10 of 2009 Concerning Tourism: Regional Tourism Development Plan (Case Study of Tapanuli Selatan)
Law No. 10 of 2009 concerning Tourism mandates that tourism development must be carried out based on the tourism development master plan, which within the district area is the Regency Tourism Development Master Plan. In the perspective of human resource development, tourism has the potential to be used...
Environmental Criminal Responsibility for Mining Corporation Through the Ultimum Remedium Principle
A Firdaus, Suhaidi, Sunarmi, Jelly Leviza
Mining crimes on the development of environmental law issues in Indonesia are not only carried out by individuals but also by corporations. The violations committed by mining corporations are a violation of criminal law. Company management related must be responsible for the violations that occurred....
The Theory of Compulsion (Ijbar) in Marriage Under Islamic Law: Incorporation of the Hanafis View on Compulsory Consent in Marriage Under the Islamic Family Law (Federal Territories) Act 1984
Azizah Mohd, Nadhilah A. Kadir
Under Islamic law, a wali mujbir has an authority to contract the marriage of his virgin daughter even though she does not agree with the marriage. The authority is known as wilayat al-ijbar and quite often described as marriage by compulsion. This paper seeks to examine the theory and concept of compulsion...
Optimization of Sukuk to Support Sustainable Development in Indonesia
Bintang Setiadi Pratama, Hafizh Mahendra Fikri, Wirdyaningsih
Sukuk is now globally known as one of the fast-developing financial instruments that consistently apply Islamic principles. The role of Sukuk in Indonesia is not limited to the development and expansion of a Sharia-based economy. It also plays a larger role in the financing of both public and private...
How Effective is the Environmental Law for the Conservation of the Leuser Ecosystem Area in Indonesia?
Dede Suhendra, Azhari Yahya, Faisal, Suhaimi, Syarifuddin
The article aimed to investigate the policies in the environmental law in Indonesia and its effectiveness for the Leuser ecosystem area. The method used in this research was a normative and empirical method through legal, comparative, and historical approach. The data were analyzed based on descriptive...
Protection of Legal Contracts from Islamic Perspective
Dody Safnul, Tan Kamello, Hasim Purba, Edy Ikhsan
A contract is an agreement between two or more people regarding some issues agreed by the parties, which causes legal consequences in the form of rights and obligations for each party. Usually, the contract should be in written form and signed by the parties. General provisions regarding contracts are...
The Regulatory Framework of Village-Owned Enterprise in Indonesia: Does It Conform with Good Corporate Governance Principles?
Detania Sukarja, Mahmul Siregar, Tri Murti Lubis
The establishment of Village-Owned Enterprises (“BUM Desa”) in Indonesia is expected to improve the village economy. Business entities like BUM Desa receiving capital from the public budget must apply Good Corporate Governance (GCG) principles, which include transparency, accountability, responsibility,...
Notary Role in the Development of Sharia-Based Economy
Edi Natasari, Budiman Ginting, Runtung, Syafruddin Kalo
The majority population of Indonesia is Muslim and thus, is a large market share to develop business with the sharia economic system. The presence of a notary is necessary to ensure legal certainty for the community in conducting transactions in sharia. The method used in this study was normative juridical...
Industrial Dispute Settlement in Industrial Relations Court of Banda Aceh
Industrial relations dispute settlement is needed in dealing with industrial relations dispute, particularly, the dispute on termination of employment. The settlement is aimed to prevent both parties involved from suffering. The settlement for the dispute can be done by several measures. First, negotiation...
Strengthening Sharia Economy Through Halal Industry Development in Indonesia
Fadhil Yazid, Tan Kamello, Yasir Nasution, Edy Ikhsan
Indonesia is the largest Muslim country in the world, with more than 87% of the total Muslim populations. This quantity is a promising market share, including products and services. The purpose of this study is to examine the prospect of halal industries in supporting the development of Islamic economics...
Administrative Dispute Settlement Local Leaders Election in Indonesia
Herdi Munte, Mirza Nasution
The legal norms for resolving administrative disputes over local leaders elections in Indonesia are stipulated in the legislation. The Provincial and District/City Election Supervisory Agency is in charge of resolving administrative disputes, and the decisions are binding. The research problems in this...
Green Sukuk Issuance as an Investment Instrument for Sustainable Development
Imam Arifiadi Ramadhan, Wirdyanigsih
Indonesia’s ratification of Paris Agreement through Law No. 16/2016 in October 2016 shows the commitment of the Indonesian government to prevent adverse impacts of climate changes. Such commitment, however, requires a huge sum of funding. Indonesia, as the country with the biggest Muslim population,...
The Normative Analysis of Marriage Age After the Constitutional Court Decision No. 22/PUU-XV/2017
Kadriah, Ishak, Lia Sautunnida
Marriage is a sacred event of mutual love between a woman and a man. Paragraph (1) in Article 7 of Law No. 1 of 1974 determines the minimum age of marriage, i.e. 16 for females and 19 for males. A constitutional review of the law against the 1945’s Constitution was requested by three petitioners because...
Legal Framework of Waste Management in Indonesia
Laura Astrid Hasianna Purba, Anna Erliyana
This paper analyzes waste management in DKI Jakarta. It aims to understand the opportunities that the DKI Jakarta government can increase investment by plastic waste management. The recycling business is one of the implementations of the circular economy in Indonesia. However, it will cause some problems...
The Role of Mukim in Aceh Development
Muhammad Ikhsan Ahyat, Badaruddin, Humaizi, Heri Kusmanto
Aceh is one of the well-known province of the Aceh Kingdom, one of the great Islamic Kingdom in the world. Islam creates all cultures in Aceh, including the government system. Mukim is unique, only found in the Aceh government structure, influenced by Islam. This study addressed this research problem:...
The Role of Microfinance Institutions in Supporting the Development of Micro, Small And Medium Enterprises
Muhammad Firdaus, Tan Kamello, Saidin, Sunarmi
Microfinance Institutions (MFIs), created based on Law No 1 of the Year 2013 concerning Microfinance Institutions, aim to provide legal certainty and fulfill financial service needs for the poor and/or low-income people. Meeting the needs of financial services by increasing access to micro-scale funding,...
The Presence of Government in Managing SOEs: A Criticism from the Perspective of Law
Muhammad Iqbal Asnawi, Bismar Nasution, Ningrum Natasya Sirait, Sunarmi
Referring to Article 33 of the 1945, government Constitution establish and control production sectors affecting sustainable livelihoods of most people. As legal state, government consider enforcing Law number 19 of the Year 2003 about SOEs, due to the inferior role of SOEs. The article addressed the...
The Position of Defendant’s Statement in the Proof of Adultery Case (The Analysis of Syar’iyah Court Verdict Banda Aceh)
In Article 37 Paragraph (1) Aceh Qanun Number 6 of 2014 on Jinayat Law mentioned that the moslems who confess of doing zina then their confession is considered as the request to be sentenced with zina punishment. However in its practice, the researcher finds out that some verdicts decided by Sharia Court...
The Development of Vocational Village Concept Based on Local Wisdom and Inclusiveness in North Aceh
Malahayati Malahayati, Laila M. Rasyid
This study aimed to develop the vocational village concept based on the values of local wisdom in the community and the inclusivity of stakeholders in the implementation of vocational village programs in North Aceh. This was descriptive qualitative research. Data were collected through observation, interviews,...
Synthetic Analysis of Alam Takombang Manjadi Guru as a Method of Normalizing the Customary Law of Kampar
Nur Hidayat, Ellydar Chaidir, Edi Setiadi
Kampar is one of the areas that is part of the Minangkabau adat alliances. The Customary law of Kampar is based on the philosophy of the “Alam Takombang Manjadi Guru” (The Universe Becomes a Teacher). Synthetic Analysis of the “Alam Takombang Manjadi Guru” as a method of normalizing Kampar traditional...
The Effectiveness of Imprisonment and Fine Penalties for Narcotics Criminal Acts in Medan
Nurmalawaty, Edi Yunara, Afrita
The effectiveness of imprisonment in prison and fine penalties has the purpose of preventing, reducing and controlling criminal acts and restoring the balance of society, in addition to providing repairs, rehabilitating, and socializing to the perpetrators, especially in narcotics crime. Law No. 35 of...
Criminal Policy Concerning Restitution and Its Implementation for Victims of Sexual Violence in Aceh
Nursiti, Alvi Syahrin, Faisal, Mohd. Din
This paper aims to analyze policies regarding restitution for victims of sexual violence and how they are implemented in court decisions in Aceh Province. Payment of compensation charged to the perpetrator based on court decisions that have permanent legal force for material and/or immaterial losses...
Legal Certainty in the Land Registration Process Originating from Inheritance
Okto Berlin Gultom, Budiman Ginting, M. Yamin Lubis, T. Keizerina Devi Azwar, Muldri Pudamo James Pasaribu
To guarantee legal certainty by the Government, land registration is carried out for the entire territory of the Republic of Indonesia according to the provisions regulated by Government Regulations. The problem formulation in this study is how the land registration originating from inheritance in Indonesia...
Registration Conflict of Sultan Grant Land in Melayu Deli
Rafiqi, OK. Saidin, M.Yamin Lubis, Edy Ikhsan
Humans and land have a cosmic, magical, religious, and legal relationship. The Sultan Grant in the territory of the native Malayu kingdom was under the direct rule of the Sultan. Since the establishment of the Basic Agrarian Law, land rights have been changed. The Sultan’s Grant is an Indigenous Melayu...
Implementation of Diversion in General Prosecutor Levels on Children as Criminal Offenders According to Law No. 11 of 2012 on Juvenile Justice System
Rharve, S Kalo, Ediwarman, A Syahrin
A child is a nation’s next generation who has her/his own right. As good citizens, we have to take care of our children. This globalization era where information and technology are transparent, children will easily watch adult show in printed and electronic media and their minds are contaminated by adult...
Adoption of Islamic Bankruptcy Law Values Into Indonesian Bankruptcy Law to Protect Good Faith Debtors
Robert, Bismar Nasution
This paper discusses the reasons of Islamic bankruptcy law values that should be adopted by Indonesia as a country with the world’s largest muslim population. This study employs a qualitative research method by using secondary data. The results indicate that the current Indonesian bankruptcy law is not...
Choice of Law, Forum, and Language in International Investment Contracts of Aceh, Indonesia
Sanusi Bintang, Mujibussalim, T. Haflisyah
This study aimed to explain the different degree of needs for specific rules and application of choice of law, choice of forum, and choice of language in international investment contracts, as specific types of international contracts. The method used in this study is doctrinal legal research by studying...
Optimization of Hajj Fund Management in Indonesia with Productive Zakat
Zakat is the only pillar of Islam that has a social dimension. The Indonesian Islamic Economics and Finance Masterplan (MAKSI) released by BAPPENAS included zakat as a state financial instrument. The inclusion of zakat as an inclusive financial instrument is because the role of zakat has proven concrete...
Responsibilities of the Application Provider in the Sales of Goods and Services Through E-Commerce
Stella, Budiman Ginting, Saidin, T. Keizerina Devi Azwar
In the industrial revolution 4.0 era, the use of e-commerce in trading of goods and services has increased. It is because of the internet users in Indonesia has increased and reached 82.000.000 users in 2019. The use of e-commerce has helped the community to buy their daily needs. So, the government...
Legal Protection for Coastal and Marine Activities from Pollution of the Marine Environment
Suhaidi, Rosmalinda, Arif
Indonesia has potential coastal and marine resources. Community, Private sector and local government should manage and develop them. There are various activities along the coast in North Sumatera Province. This research focused on Serdang Bedagai District and Medan City. As local assets and tourism destination,...
Legal Protection for Outsourced Workers Based on Regulation Number 24 Year 2011 in Kota Medan
Suria Ningsih, Erna Herlinda, Agusmidah
Outsourced worker whose occupation is to work from one company to another. Outsourced workers in carrying out their work despite having legal norms as other formal workers yet their rights as employees are often overlooked or have not been fully given by the company. In article 15 paragraph 1, Regulation...
Indonesian Government Policies in Protecting the Rights of People with Disabilities in Getting a Job at Indonesian State-Owned Enterprises
The Government of Indonesia has approved and signed an important number of domestic laws and international conventions/treaties relating to the rights and opportunities of persons with disabilities, and one of those is the right to work. The right has been guaranteed in Article 27 of the 1945 State Constitution...
Legal Formulation to Protect the Victims of Criminal Sexual Violence in the Household
Syaiful Asmi Hasibuan, Ediwarman, Madiasa Ablisar, Marlina
Children who are the victims of sexual violence in the household should have legal protection because one of the objectives of the establishment of the Republic of Indonesia is to protect its citizens (child victims of criminal acts). However, they often fail to obtain legal protection. This study discussed...
Jurists Analysis on the Development of Limited Partnership in Indonesia
T. Keizerina, Devi Azwar
This paper aimed to examine the legal developments occur to the Commanditaire Vennootschap or Limited Partnership or CV in Indonesia. This paper employed qualitative research method relying on secondary data. Data were obtained through library research by analyzing relevant documents, expert opinions,...
Gender Equality Perspective and Women Position in Islam
T. Saiful, Yaswirman, Yuslim, Azmi Fendri
This article aims to investigate and explain the principles of equality with a gender perspective and women position in Islam. The results showed that: women and men in Islam have an equal position, as a servant of God who is created through the same reproduction method. Islam introduces the concept...
Criminal Responsibilities of Corporation in Criminal Law System of Illegal Fishing in Indonesia
Tetty Siskha, Alvi Syahrin, Suhaidi, Mohammad Ekaputra
The Fisheries Law has provided a new understanding of the law enforcement process in the field of illegal fishing. How the criminal law policy in overcoming the crime of illegal fishing and how the law enforcement processes in the case of illegal fishing are the research objectives of this study. The...
Legal Certainty in Foreign Investment Activities of Tourism in North Sumatra Within the Framework of ASEAN Economic Communities
Yenni Kosmanto, Budiman Ginting, Runtung, Suhaidi
Foreign Investment plays an essential role in both developed and developing countries. The flow of Foreign Investment to developing countries has experienced significant developments in the last 15 years, including Indonesia. Indonesia establishes details of business fields that are open to foreign capital...
Comparison of Rights and Obligations of Believers in Islam and Regulation in Indonesia
Zahratul Idami, M. Hum, Azhari Yahya
Each adherents of religion in a country have rights and obligations. Indonesia is a country of law which is predominantly Muslim. Islam also has regulations of its own in arranging the rights and obligations of the followers. Indonesian state which adheres to the rule of law certainly regulates the relationship...
Legal Analysis of the Sultan Grant Existence as Evidence of Ownership to the Land
Zaidar, Muhammad Yamin, Chairul Bariah
Before the implementation of the Basic Agrarian Law, in Indonesia, the dualism of the land law had been applied, in addition to the establishment of the Customary Land Law. On the one hand, the so-called Western Land Law was implemented (known as the old right)). Many problems are related to the evidence...
Type of Agreement and Default Case Settlement for Debtors of Sharia Pawnshop in Banda Aceh, Indonesia
Muhammad Zaki Armiya, Saidin, Azhari Yahya, Teuku Ahmad Yani
An agreement should meet requirements regulated in Article 1320 of the Civil Code, and agreement for Sharia Pawnshop is without exception. The province of Aceh is the strongest base for Sharia pawnshop. There are two factors considered essential regarding the Sharia Pawnshop in Banda Aceh, i.e. the type...
Implementation of Authentic Notarial Deed in Making Financing Contract in Islamic Banks
Zulfitri, Runtung, Tan Kamello, Muhammad Yamin
Islamic banking is a financial institution that must comply with Islamic principles in carrying out its business activities. Islamic banking functions as an intermediary institution to mobilize funds from customers and redistribute the funds to customers in the form of financing. Notary as a public official...
Career Development of Civil Servants in the Autonomy Era in Indonesia
Zulkarnaini, Azhari Yahya, Sabri Abd. Majid, Moh. Din
This study aimed to examine how the function and position of the Regional Head as an Official of Civil Servant Apparatus guarantees justice in the development of the Career of Regional Civil Servants and how the Concept of Career Development of Regional Civil Servants in Good Local Government Governance....
Building the Law of Indonesian Business Competition Based on Islamic Economic Principles
Desi Apriani, Toto Tohir Suriaatmadja, Syafrinaldi
Indonesian business competition law is contained in Act Number 5 Year 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition. One of the backgrounds of the birth of this Act was the pressure of the IMF (International Monetary Fund) as part of Letter of Intent (LOI) at that...
The Urgency of the 1951 International Convention Ratification in Fulfilling the Rights of Refugees in Indonesia
Yati Sharfina Desiandri, Ediwarman, Suhaidi, Jelly Leviza
Indonesia has not yet ratified the International Convention in 1951. However, the Government still allows the refugees to enter Indonesian territory. The Government of Indonesia is working with UNHCR and IOM to deal with refugees. In handling refugees, so far there are no laws and regulations issued...
The Influence of Post Tsunami Aceh Aid Agencies on the Participation of People in Banda Aceh Toward the Arrangement of Land Tenure and Its Use
Ria Fitri, Muhammad Yamin, Ilyas Ismail, Adwani
This paper aims to examine the participatory land tenure and land use management concepts that have not been implemented in Banda Aceh, as well as their obstacles. This study used a qualitative method, involving secondary data, i.e., field and library data, relevant documents, government reports, case...
Rehabilitation System as Legal Protection Efforts for Victims of Narcotics Crime
W B F Pasaribu, K Syafruddin, Suwarto, A Madiasa
Drug abuse has become a problem in the world. For addicts, the government has sought to reduce the adverse effects of drug use by providing rehabilitation facilities. Rehabilitation aims for victims of drug users to recover, be productive, and become the nation’s successors in the future. Meanwhile,...
Legal Protection for Micro, Small, and Medium Enterprises in Aceh Province, Indonesia
Yusri, Tan Kamello, Husni, Imam Jauhari
This study aims to raise the urgency and explain the types of legal protections for micro, small and medium enterprises (SMEs) for their better involvement in free world trade. This research used a juridical normative method and library research to collect the data. The research results that SMEs need...
Customs Policy for Land and Building Rights in Optimization of Original Income in Aceh Besar District, Indonesia
Sufyan, Syamsul Bahri, M. Ya’kub A Kadir, Cut Era Fitriyeni
One of fiscal decentralization is the transfer of BPHTB from a central tax into a local tax, as legalized by Act No. 28, 2009 on Local Tax and Local Retribution. The alteration is expected to increase the Regional Revenue aiming at the higher quality of public services. However, in Aceh Province, there...
Spatial Scales of Property: Custom, Islam, and Law in Aceh
This paper considers the governance of property in Aceh and the effect of the tsunami disaster. In a complex social system, the mechanisms to ensure respect for property include contracts, coercion and coordination. Because these mechanisms cluster at spatial scales – such as households, neighborhoods...
Toward a New Legal Framework for Settling Rohingya’s Refugee Crisis in Indonesia: A Lesson Learned from Aceh Province
Sophia Listriani, Rosmawati, M. Ya’kub Aiyub Kadir
The crisis of Rohingya people has been accumulated both in global and national sphere. Particularly, in northern part of Indonesia (Aceh province), Rohingya people found floating under emergency situation since 2015. Fortunately, local people and local government helps them while the Indonesian government...
Utilizing the Function of Waqf Land for Development of Flats Building for Public Housing (Study of Cooperation Agreement Between the Indonesian Government with the Executive Board of Nahdlatul Ulama)
Gemala Dewi, Irvan Saputra
This research paper discusses the arrangement and conformity of cooperation agreement between Secretary General of Ministry of Religious Affairs of the Republic of Indonesia, Directorate General of Public Works and Public Housing (PUPR) (on behalf of The Government) and The Executive Board of Nahdlatul...
Bringing Legal Services Closer to Community: Strengthening the Role of Legal Laboratories and Clinics at Higher Education Institutions
Khairani, Nursiti, Safrina
A laboratory at a higher education institution can be assumed as a kitchen that can process and provide a variety of new knowledge and practice the skills to apply that knowledge. So far, most laboratories are only used by the academic community for educational purposes. While based on the Indonesian...
The Efforts to Resolve the Case of Illegal Fishing Conducted by Foreign Fishing Vessels in the Territorial Waters of Aceh
Lena Farsia, Lia Sautunnida, M. Putra Iqbal
Illegal fishing financially detrimental to Indonesia. This issue has an impact on the amount of fish that can be caught by local fishermen to meet national needs. So far, the action taken by the Indonesian government is only to sink the ship and decide the case through the court. Meanwhile, there are...