Proceedings of the International Conference on Law Reform (INCLAR 2019)
Existence of Institutions and Officials in Land Registration Activities in the Early Independence in Indonesia
Isdian Anggraeny, Nur Putri Hidayah, Isdiyana Kusuma Ayu
Land Registration is a very important issue because it is the beginning of the birth process of proof of ownership of land rights. It is important that the land registration issue so that the country needs to issue legislation governing land registration activities throughout Indonesia. Departing from...
Geographical Indication Protection on Local Product: Kotagede Silver
Deslaely Putranti, Daffa Nugroho Ramadhan
Kotagede Silver is a handicraft product that has a long history regarding the production process and its characteristics. After the monetary crisis that hit Indonesia in 1997, Kotagede Silver experienced quite serious problems related to its raw materials and marketing. Moreover, the younger generation...
Village Laws Dilemma: What Can the Village of Indonesia Do?
Fitria Esfandiari, Sholahuddin Al-Fatih
The enactment of Law Number 6 of 2014 concerning Villages (Village Law) has a significant impact on changing the position of the village from just the administrative area under the district to the entity that has the right to regulate and manage self-government affairs. Based on the initiative of the...
Defining Judicial Accountability Post Political Transition in Indonesia
Ibnu Sina Chandranegara, Zainal Arifin Hoessein
Constitutional Reform after the fall of Soeharto’s New Order brings favorable direction for the judiciary. Constitutional guarantee of judicial independence as regulated in Art 24 (1) of the 1945 Constitution, closing dark memories in the past. Besides, in Art 24 (2) of the 1945 Constitution decide the...
Credit Dispute Resolution with Mortgage Right Warranties on Conventional Banking
Nur Putri Hidayah, Isdian Anggraeny, Dwi Ratna Indri Hapsari
Customers who failed to make promises in bank financing have the potential to cause disputes. To solve this, there are already a series of regulations that govern. The problem is that there are still many customers who feel disadvantaged in the dispute resolution process. The purpose of this study was...
Identity Theft and the Rules in Indonesia’s Criminal Law
Said Noor Prasetyo, Tongat, Nur Putri Hidayah
in the digital era, electronic identity is something that is very important to protect because it is a representation of someone in an electronic system. Along with the development of information technology, this type of crime also developed with the emergence of cybercrime. One type of cybercrime that...
Punishment on Criminal Law Reform in Indonesia
Tubagus Heru Dharma Wijaya, Pathorang Halim
The development of criminal punishment in today’s world to experience dissatisfaction and frustration against the criminalization of existing mechanisms, because it felt unable to satisfy the justice and the objectives to be achieved, preventing and combating crime. The purpose of punishment in practice...
Sharia Arbitration as Alternative Settlement of Sharia Insurance Disputes
Sawitri Yuli Hartati
The concept of sharia insurance has existed since the time of Rasulullah S.A.W. however, the institution has increasingly developed due to changes in the culture of Indonesian society in its economy, which continues to seek renewal to avoid conventional economic concepts that do not favor justice. In...
Construction of Guilty Pleas and Ability of Criminal Responsibility
That is the context of criminal law enforcement that departs from the principle of “no criminal without fault” and/or “no criminal responsibility without fault”, then there are fundamental problems, related to the assessment of the objectivity of an action on the one hand, and the subjectivity of the...
Overview of Human Rights Violations Against Rohingya Ethnicity in Burma and Uighur Tribe in China in International Law Perspectives
Fithriatus Shalihah, Muhammad Raka Fiqri
Since the inception of the Declaration of Human Rights, 1948 the acknowledgment of the human rights protection for each person has been arranged, so it is hoped that there is no violation of human rights and crimes in every country in the world. Every human being has the right to live peacefully and...
The Urgency to Establish State Administrative Court to Actualize the Concept of State Law in Indonesia
Anom Wahyu Asmorojati
One characteristic of state law in Indonesia is the effectiveness of the administrative court, particularly the State Administrative Court (PTUN-Peradilan Tata Usaha Negara). However, the establishment, which was officially issued in Law number 5 of 1986, was brought about in 1991. It means that state...
Cooperative Principles (Partnership-Based Togetherness) as the Legal Basis of Democracy Economic Thinking
Elli Ruslina, Siti Rodiah, Nia Kania Winayanti
One The imperative of economic democracy mandated by the constitution through Article 33 of the 1945 Constitution, the reality is not a legal foundations appreciation to economic activities, but even shifts to a free-market economy (laissez-faire). This is confirmed in the constitution “permanent position”...
Draft Regulations and Harmonization Synchronization Legislation on Executive Agencies
M Jeffri Arlinandes Chandra, Purwaningdyah Murti Wahyuni, Yeni Santi
The concept of the legal state is often called the Reachstaat,the rule of law oretat de droit a country that promotes the concept of law as a cornerstone in doing an action taken by the state. Based on the rule of law in governance organized under the laws then in running a government should refer to...
Transfer of Intellectual Property Rights (Studies on the Division of Joint Property (Gono-gini) Post-Divorce)
Intellectual property right is a set of legal rights to express ideas into tangible form in the form of property. Such rights generally is copyright, patents and trademark rights. IPR is still a wealth are not yet commonly understood in terms of “Gono-gini” division of property in divorce cases in Indonesia....
Legal Aspect of Patient’s Medical Record
Bambang Dwi Hs
Activities related to health services between patients / patients or their families and doctors as individuals or in hospitals will be recorded in the medical service record folder called the Medical Record. In various cases of health service disputes, medical record have a very important role in the...
Application of Law Toward Disclaimer of Diphtheria Immunization
Yenny Purnama, Muhammad Hatta, M. Nasser
Diphtheria is a disease that is very contagious and provides low immunity. Very effective prevention is by immunizing Diphtheria, to increase immunity to this disease. If prevention is not carried out properly, it can lead to Extraordinary Events, as happened in 2017 in Indonesia. Handling Extraordinary...
Can Doctors Refuse Withholding and Withdrawing Life Support to Critically Ill Patients in Indonesia? Associated with Medical, Bioethic, and Medicolegal Issues
Defri Aryu Dinata, Rachmanto Heryawan Adiputra, Wijoyo Hadi Mursito
In medical society, there are controvery issues that called withholding and withdrawing life support. Withholding life support is delaying the provision of new or advanced life support therapy without stopping ongoing life support therapy, and withdrawing life support is stopping some or all of the life...
Arbitration Settlement in the ASEAN Economy Community
Rahayu Hartini, Syariful Alam
Arbitration of business disputes is the most popular choice for business people, especially in the current MEA era. The focus of this research is: 1). What is the process of resolving business disputes through arbitration in the era of the ASEAN Economic Community (AEC)?.2). What is the ideal concept...
Natural Rights in Relation to Freedom of Democracy
Mimin Mintarsih, Bambang Sukamto, Ritawati
Freedom and independence from colonial oppression is a nature, inherent in every human being. This is the basis for the birth of various independent and sovereign countries throughout the world. It is as the instruments in the framework of liberation, namely democracy. The meaning of democracy, namely...
Review of Maslahah Theory of Shari’a Regulation in Indonesia
Soni Zakaria, Syariful Alam, Agus Supriadi
This study aims to analyze some Shari’a-compliant regional regulations in Indonesia with theTheory approach Maslahah. There are three reasons why this research is important. First, the shari’a-compliant regional regulations have become controversial in their implementation amidst the mutikultural community....
Legal Certification of the Restitution of Criminal Sanctions for Trading of Criminal Trafficking Persons, Based on Law of Regulation, Component and Regulation of the Company, Regulation of the Republic of Indonesia 7, 2007
Haidir Rachman, Dwi Heri Susatya, Moh. Birza Rizaldi, Hanrizal Satria, Errawan R. Wiradisuria, Andjar Bhawono
Restitution is submitted by the Public Prosecutor by attaching the required documents for the application for restitution, which then the court judge will consider the application for restitution. The problem in this study is how the legal certainty of imposing criminal sanctions for restitution against...
Law Enforcement Toward Obscenity as Livelihoods Through Information Technology Media
Siti Miskiah, Nur Aida
The current era of globalization is marked by the rapid development of technology. The presence of technology has given a new nuance to human life that touches all aspects of life. The development of technology makes it easy for people to carry out activities to meet their needs and interact with other...
Indonesian Democracy: Folk Party or Humanitarian Tragedy?
Auliya Khasanofa, Muhammad Zulhidayat
Democracy and the holding of general elections (Elections) are two sides of a coin that are closely intertwined. In 2019, a new history begins in the General Election, along with the Constitutional Court ruling Number 14 / PUU-XI / 2013 in the trial case of Law Number 42 Year 2008 concerning General...
Arbitration as an Alternative to Non-Litigation Settlement in Medical Cases
Errawan R. Wiradisuria, Dwi Heri Susatya, Andjar Bhawono
Medical disputes stem from the patient’s dissatisfaction with the actions of the doctor in carrying out his medical practice and extends to the hospital level which is then resolved through mediation. The purpose of the mediation is to find a win-win solution. However, there are weaknesses of the mediation,...
Implementation of Welfare State Ideology in the 1945 Constitution Toward the Right to Land for All Citizens
RJ Agung Kusuma Arcaropeboka, Januri
Indonesia’s constitution which makes the understanding of the welfare state (walfare state) currently open. Nothing else is in accordance with the context and reality of the ability of the Indonesian people to prosper every citizen, as the ideals of the founders of this nation. The State’s goal is to...
The Authority of Constitutional Court in General Election Results: Is It Powerful or Meaningless?
Kamal Fahmi Kurnia, Tian Terina, Dinar Mahardika
The third amendment to the 1945 Constitution of the Republic of Indonesia has raised the Constitutional Court as a constitutional justice institution in Indonesia. One of the authorities possessed by the Constitutional Court is to decide on disputes about the results of general elections. This article...
Factors Inhibiting the Local Regulation-Revoking System in Indonesia
Hartiwiningsih, Isharyanto, Asri Agustiwi
This research was very important to find out the factors inhibiting the Local Regulation revoking system existing in Indonesia. This study was a juridical sociological research, describing the fact existing in the field to be connected later to the existing rule. Data source employed consisted of primary...
Validity of Electronic Signature on Buying Agreements in State Legal Perspective (Study of Sale and Purchase Agreements Between Pt. Juang Abadi Alam and Australian Rural Exports Pty Ltd)
Lina Maulidiana, Rendy Renaldy
Electronic transaction agreement between PT. Juang Abadi Alam with Australian Rural Exports Pty Ltd in the perspective of the ITE Law is legal and has legal consequences, this is reinforced in Article 11 paragraph (1) of Law Number 19 Year 2016 concerning Amendment to the Second Law Number 8 Year 2011...
Legal Protection Implications on Trademark in Indonesia by Comparing the First to Use and First to File Principles
Prisca Oktaviani Samosir, Aida Mustafa
Trademark is intangible goods. In the trademark, inherent value is an intangible asset for the owner because the trademark gives ownership rights as the legal subject, namely individuals (natural persoon) or legal entities (recht persoon), so that trademarks become intangible assets. Because the trademark...
Disengagement of Hoax and Hate Speech from Social Context: Analysis of Intersection Between Criminal Law and the Influence of the Linguistic
Maryano, Rocky Marbun
Digital Age 4.0 is only considered as a digitalization era that focuses on the progress of humanity. However, the digitalization process legitimizes the reduction of wealth in meaningful experiences of human life (ausdrück) with all the intuitive traits contained in humans. This trait that makes a person...
The Relationship Between Human Basic (Human Rights) Obligations and Human Rights
Try Widiyono, Hamdan Azhar Siregar
In many discussions of Human Rights, it is rarely related to Human Basic (human rights) obligations. In fact, they complement each other to find justice. In the Greco-Roman era and the Middle Ages, the development of the School of irrational natural law laid the basis for obligations for humans that...
Constitutional Court as the Guard of Enforcement Constitution: Is It Challenging?
Abustan, Hamdan Azhar Siregar, Otom Mustomi
Indonesia is committed that the rule of law as an idealized preposition to be achieved must always be pursued through constitutional enforcement. This confirms, Indonesia wants the law as the commander or front guard in solving all problems of state life, including democratic life, especially in election....
Criminal Law Corruption Mode of Allocation of Village Fund
Marsudi Utoyo, Jauhariah, Rianda Riviyusnita
ADD (allocation of village funds) fraud is a form of corruption. This is based on the formulation of corruption acts as formulated in the law. What are the problems in writing this thesis are: 1. What are the factors that cause the mismanagement of Village Fund Allocation? 2. What is the form of corruption...
Halal Food in South East Asia: Are We Looking Forward?
Sholahuddin Al-Fatih, Fitria Esfandiari
Southeast Asian countries consist of several countries with a majority Muslim population, such as Indonesia, Brunei Darussalam and Malaysia. As Muslims, finding and obtaining halal food is a must. Consumers have the right to know the halal-ness of a product. Meanwhile, the government is obliged to provide...
Philosophical Implications of Ex-Tunc and Ex-Nunc Testing in State Administration Disputes
Untoro, Muhani Jibi
The constitution in all countries can almost be said to have reflected the division of legislative, executive, and judicial powers. The idea of separation of powers is the idea of Monstesquieu which teaches the importance of the separation of powers in a country. The State Administrative Court as one...
Proportionality of the Regional Representative Council in Legislative Function
Catur Wido Haruni, M. Khoidin, Widodo Ekatjahyana, Aries Harianto
The Regional Representative Council (DPD) was born in the era where changes to the 1945 Constitution occurred and new problems appeared in the representation system in Indonesia. Based on the provisions of the Constitution of the Republic of Indonesia (UUD) NRI Article 22 C Year 1945, DPD members that...
Legal Protection Model on Esthetic Beauty Clinics Patients: Between Fulfilling Constitutional Rights and Doing Business
Siska Diana Sari, Gusti Ayu Ketut Rachmi Handayani, Pujiyono
This article studied the implementation of law protection model for esthetic beauty clinic’s patients in citizen’s constitutional right protection perspective. The research method used was an empirical qualitative on the stakeholders of esthetic beauty clinics in 10 cities in 5 provincial in Indonesia....
Economic Analysis of Law: Study the Law Purpose in Term of Transition Period Regulation of Rusun Management
Aida Maysriwigati Mustafa, Prisca Oktaviani Samosir
Regulation of maximum term of transition period is 1 (one) year, and cannot be extended is an important aspect for the transition process of the Rusun Management from the Developers to PPPSRS. Practically, the Rusun Magament by Developers run over the term of transition period. Based on these, the authors...
Detention of Terrorism Suspects in the Perspective of Equality Before the Law
Wiwik Afifah, Muchammad Yulianto, I.M Leomarch
Indonesia is a state of law as explained in article 1 paragraph 3 of the UUD 1945 Constitution which stipulates that the Republic of Indonesia is a state based on law. As a constitutional state, it is necessary to uphold good human rights, certain groups as well as individuals, vulnarable people, etc....
Restorative Justice Concept for Children Conflicting Laws in Children Criminal Justice System
Erny Herlin Setyorini, Sumiyati, Pinto Utomo
The research with the theme “The Concept of Restorative Justice for Children in Conflict with the Law in the Criminal Justice System for Children” aims to understand, explain, and analyze how the concept of restorative justice is used as a basis in handling cases of children in conflict with the law. This...
Validity for Ownership of the Floating Houses on the Coast
Dipo Wahyono, Irit Suseno, Khabibul Aziz, Astria Yuli Satyarini Sukendar
Indonesia is Maritime nation. The number of a small island is one of the diversity possessed by Indonesia beside the diversity of culture and ethnicity. Indonesians who live in coastel areas in their daily lives can not be separated from their dependence on coastal resources due to the livelihoods of...
Implementation of Law Number 6 of 2014 Concerning Village for Budgeting Plan in Sidoarjo Regency
Slamet Suhartono, Ahmad Mahyani, Wiwik Afifah, Dwi Putri Sartika, Risya Tatamara
Village recognition is needed for the village in an effort to the establishment of unity of the law that has authority and is autonomous. With the recognition of the village, the existence of the village will continue to be recognized and respected.In realizing the existence and recognition of villages,...
Regulation of the Rights of Health and Social Care for Women with HIV/AIDS
Budiarsih, Kristoforus Laga Kleden, Endang Prasetyawati, Made Warka, RP Reynaldi
The Human Immunodeficiency Virus Acquired Immune Deficiency Syndrome HIV-AIDS is a deadly virus that infects in the human reproductive system due to unhealthy sexual intercourse. The formulation on this research is the regulations on access of health and social care for women who have HIV -AIDS and from...
Urgency of Rights Settings to be Forgotten in Electronic Personal Information with Government Regulations
Rahmat Muhajir Nugroho, Muhammad Radhi Abdullah
In the internet age, everything that has been recorded and stored will always be accessible again. News about the guilty verdict of a corruptor, for example, can still be found through a search engine even though the corruptor has served his sentence. The internet makes it difficult for people to forget...
Code of Ethics for Organizers of Simultaneous General Elections in 2019
Idham, Martina Male
Law is a unitary system consisting of institutional elements, legal principles and behavior of legal subjects who carry the rights and obligations determined by the norms of the rule. As a support for the functioning of the legal system, an ethical system in state institutions that is positively enforced...
A Critical Analysis of Transitional Justice and Rule of Law in Post-Authoritarian Democracies
Happy David Pradhan
This legal theoretical article based on secondary sources aims to critique the concept of “Transitional Justice” as against criminal trials and punishment, for the establishment of Rule of Law in post-authoritarian democracies, especially in the context of prosecution for Human Rights Violations during...
Community Service Order and Its Urgency to Reduce the Negative Impact of Imprisonment
Tongat, Yaris Adhial Fajrin, Haris, Ratri Novita Erdianti
Imprisonment convicts which dominated the strategy of fostering prisoners in institutions (institutional based correction) from the end of the 18th century, have been criticized by various groups. The pros and cons of using it as a result of the complexity of its negative effects is increasingly widespread....
The Realization of Maqoshid Shari’ah as Local Values in Industrial Relations Disputes Resolution Efforts
Asri Wijayanti, Slamet Suhartono, Mahsun, Muridah Isnawati
In the era of globalization, the role of Trade Unions is very important. Trade Unions can represent workers in industrial relations dispute resolution and carry out activities to improve workers' welfare. Trade Unions can sometimes take unwise actions that cause suspicion to others. The problem in this...