Proceedings of the International Conference on Law, Governance and Islamic Society (ICOLGIS 2019)

Session: Law

30 articles
Proceedings Article

The Existence of Distinction Principle in Preventing Victims of Armed Conflicts Based on the International Humanitarian Law

Adwani
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...
Proceedings Article

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...
Proceedings Article

Implementation of Law Number 10 of 2009 Concerning Tourism: Regional Tourism Development Plan (Case Study of Tapanuli Selatan)

Arif, Sutiarnoto
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...
Proceedings Article

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....
Proceedings Article

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...
Proceedings Article

Industrial Dispute Settlement in Industrial Relations Court of Banda Aceh

Eka Kurniasari
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...
Proceedings Article

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...
Proceedings Article

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...
Proceedings Article

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...
Proceedings Article

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...
Proceedings Article

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...
Proceedings Article

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...
Proceedings Article

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...
Proceedings Article

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...
Proceedings Article

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...
Proceedings Article

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,...
Proceedings Article

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...
Proceedings Article

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...
Proceedings Article

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,...
Proceedings Article

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...
Proceedings Article

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...
Proceedings Article

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...
Proceedings Article

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...
Proceedings Article

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...
Proceedings Article

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,...
Proceedings Article

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...
Proceedings Article

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...
Proceedings Article

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...
Proceedings Article

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...
Proceedings Article

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...