Proceedings of the 2nd International Conference on Law Reform (INCLAR 2021)

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54 articles
Proceedings Article

Karst Ecosystems in the Vortex of Capital: A Paradigmatic Study of the Commune Link Law Politics

Danggur Konradus
Exokarst, endokarst ecosystems, a unit that supplies carbondioksida beyond forest.the geological, ecological fungtions of the karst, as a safe habitat for fauna, flora and rare spesies. Limestone regulates water input and out, guards the endokarst ground water basins where the uterus and the chain of...
Proceedings Article

The Position of the Child in the Juvenile Justice System

Leni Dwi Nurmala, Nevey Varida Ariani, Tinuk Dwi Cahyani
In the criminal justice system, the position of children in conflict with the law is very important, because children can be categorized as a vulnerable group and have the risk of their rights being violated by the parties involved in the juvenile criminal justice system. Legal protection must be given...
Proceedings Article

Imposition of Sanction to Support Plastic Waste Restriction Policy

Fenty Puluhulawa, Mohammad Rusdiyanto Puluhulawa
The advancements in technology have brought major changes to daily activities of all people. Disposable plastic is becoming more popular for daily use due to its practicality and hygiene. Such a situation, in turn, raises an alarming concern on the environmental side effect, as now plastic waste begins...
Proceedings Article

Government Policy in Settlement of Bankruptcy Applications and Postponement of Debt Payment Obligations in the Covid-19 Pandemic Crisis in Indonesia

Ismail Rumadan, Pri Pambudi Teguh, Chandra Yusuf
The Coronavirus Disease of 2019 (Covid 19) outbreak has had a serious impact on the Indonesian economy, minus economic growth, the lowest inflation rate in 2020 in Indonesian history, the weakening Rupiah exchange rate, the number of unemployed increases. This kind of condition has a major impact on...
Proceedings Article

Involuntary Mercy Killing During the Covid-19 Pandemic in the Perspective of Health Law in Indonesia

Lisnawaty W. Badu, Jufryanto Puluhulawa, Suwitno Y. Imran
In conditions full of uncertainty and overshadowed by despair, sometimes humans make irrational choices, one of which is when the patient’s family refuses treatment procedures and/or takes action to request medical personnel to remove or stop the function of life support medical devices to patients....
Proceedings Article

The Mechanism of Suspension of Debt Payment Obligations (PKPU) in the Indonesian Bankruptcy Law During the Covid-19 Pandemic

Krista Yitawati, Adi Sulistiyono, Pujiyono
This study aims to find out and analyze why the mechanism for Postponing Debt Payment Obligations (PKPU) has increased during the Covid-19 pandemic. The research method that the researcher uses is a normative research method by examining the laws and regulations and related legal materials. Due to the...
Proceedings Article

The Existence of Children in Difficult Living Conditions and Its Legal Protection

Mutia Cherawaty Thalib, Zamroni Abdussamad, Mellisa Towadi
This study was carried out using an empirical juridical approach. Juridically, this study was conducted by identifying societal norms, legal rules, or policies related to child protection in private and public life. On the other hand, empirically, this study was conducted by observing social phenomena...
Proceedings Article

The Logic of the Public Prosecutor’s Monologue in Legal Interpretation: Tracing the Fallacy of the Public Prosecutor’s Indictment in the Crime of Corruption in Indonesia

M. Adystia Sunggara, Rocky Marbun
The Public Prosecutor as one component of the Criminal Justice System that carries out the prosecution function is one of the functions of the government to enforce the law. In the law enforcement process, the Public Prosecutor performs knowledge production through the mechanism of legal interpretation...
Proceedings Article

Symbolic Dominance in the Criminal Law Enforcement Indonesia: Convergence Between the Trinity of Power and Truth-Games

Andi Muliyono, Rocky Marbun
Law enforcement, in essence, is an effort of legal discovery - through interpretation, which is carried out by law enforcers based on a series of powers and discretion in giving meaning to a concrete fact-based on legal norms, which raises the attitude of the Law Enforcer on how to carry out the examination...
Proceedings Article

Double Standards of Law Enforcement in the Covid-19 Pandemic Era in Indonesia: A Relationship Trichotomy Study

Azmi Syahputra, Rocky Marbun
Since World Health Organization (WHO) declared a pandemic all over the world, including Indonesia, the whole living system seems to be experiencing “reconstruction”. Not a single system has been able to be maintained, so that every government reformulates the system, including the criminal law system....
Proceedings Article

Symbolic Domination in the Regulation of the Indonesia Supreme Court Number 4 of 2016 Concerning the Prohibition of Reviewing Pre-Trial Decisions

Zulkarnain, Rocky Marbun
Pretrial, as provided for in Article 77 of the Criminal Procedure Code, as common sense, is a representation of the idea of respect for human rights and legal protection of suspects who are currently under investigation at the pre-adjudication. However, since the Constitutional Court Decision Number...
Proceedings Article

Fulfillment of the Right to Food During the Covid-19 Pandemic in Indonesia

Nur Amalina Putri Adytia, Ilham Dwi Rafiqi, Yaris Adhial Fajrin
The condition of the COVID-19 pandemic that occurred in Indonesia caused various problems in the life of the nation and state. Various kinds of problems such as social, economic, and educational are accompanying conditions. Economic problems, especially the fulfillment of basic rights, have become a...
Proceedings Article

Homicide Cases Without Autopsies from the Perspective of Professionalism Indonesian Advocates

Case Study of the Ni Wayan Mirna Death

Rio Saputra, Yaris Adhial Fajrin, Absori
Professionalism for a profession is absolutely necessary with the aim of recognizing a job that is categorized as a profession. As a noble profession (officium nobile), the advocate profession must carry out its duties and responsibilities by prioritizing professionalism in order to make the best effort...
Proceedings Article

Execution of Mortgage Object Against Bankruptcy Debtors

Isdian Anggraeny, Ana Fauzia, Fitria Esfandiari, Nur Putri Hidayah, Sholahudin Al-Fatih, Isdiyana Kusuma Ayu
The problems arise when the company is unable to pay its debts to the bank and then the bank submits a legal remedy for bankruptcy which results in the debtor (company) being declared bankrupt. So that in the event the debtor has been declared bankrupt, the curator will carry out the execution process...
Proceedings Article

Overview of Legal Assurance About Crimes Against the Dignity of the President and Vice President in Indonesia Post the Decision of the Constitutional Court

Fitria Esfandiari, Nur Putri Hidayah, Yaris Adhial Fajrin, Isdian Anggraeny, Sholahuddin Al-Fatih
In the Indonesian constitution, the President is the holder of government power as well as the head of state. The Constitutional Court in Indonesia through its Decision Number 013-022/PUU-IV/2006 and Number 6/PUUV/2007 stated that the articles contained in the Criminal Code are in principle contrary...
Proceedings Article

Protection of Traditional Cultural Expressions as Intellectual Property in Indonesia: A Juridical-Sociological Review

Dwi Ratna Indri Hapsari, Nur Putri Hidayah, Yaris Adhial Fajrin, Isdian Anggraeny
The results of human intellectual work do not only occur in the present (modern) but also past intellectual works that last a long time and are passed down from generation to generation. Creations in the past were produced in groups in a community environment which were usually directly related to nature...
Proceedings Article

Consequences of Assimilation Policy During a Pandemic in Indonesia: Overview in Human Rights Perspective

Abdul Hamid Tome, Supriyadi A. Arief, Royin Matoka
Guarantees and protection of human rights are the responsibility of the government, both in normal state situations and in emergencies such as the Covid-19 pandemic. In suppressing the spread of Covid-19 in prisons, a policy of granting assimilation is issued to prisoners who meet the requirements. Therefore,...
Proceedings Article

E-Court Effectiveness of Religious Courts in Indonesia

Syariful Alam, Nu’man Aunuh, Muhammad Luthfi
As a place for justice seekers, Religious Courts should present the face of justice as a pillar of justice on earth. Making quality decisions, with legal arguments that have the spirit of justice, is supported by competent and highly dedicated religious court judges. The reach of technology was responded...
Proceedings Article

Problems of the Execution of Fiduciary Guarantee Goods Which Unregistered by Finance Institutions

Wasis, Isdian Anggraeny, Fahmil Ulum, Fitria Esfandiari, Dwi Ratna Indri Hapsari, Isdiyana Kusuma Ayu
The COVID-19 pandemic that has hit this country has had a major impact on the economic sector in Indonesia. This is due to the large number of employee reductions / layoffs and increased prices for several commodities. Which resulted in human resources in Indonesia being short of work and looking for...
Proceedings Article

The Challenge of Anti-Corruption During the Covid-19 Pandemic: Considering the Utilization of Interception and the Protection of Human Rights

Agus Suntoro, Nurrahman Aji Utomo
This research aims to find an ethical relationship between corruption, corruption eradication and human rights in the context of the Covid-19 pandemic in Indonesia. This research uses a qualitative approach. Data was collected through literature study and interviews. The findings of the research indicate...
Proceedings Article

Harmonization of Legal Decision Number 18/PUU-XVII/2019 by The Constitutional Court Concerning Fiduciary Guarantee

AlFath Anggara, Herwastoeti, Fitria Esfandiari
After the decision of Constitutional Court No. 18/PUU-XVII/2019 states that the conditional unconstitutionality of the explanation regarding the execution of fiduciary guarantees regarding the part of execution is not absolute. but it is necessary to have an agreement between the creditor and the debtor....
Proceedings Article

Policy on Criminalization of Defamation Offenses Through Electronic Media

Kukuh Dwi Kurniawan, Nu’man Aunuh, Yaris Adhial Fajrin
There is a significant increase in criminal acts of insult or defamation through social media, making many parties again doubt the existence of these offense arrangements in the Information and Electronic Transaction Law. Although since the Law was enacted in 2008 and revisions have been made including...
Proceedings Article

Death Penalty for Corruptors in the Pandemic Time Covid 19 in a Positive Legal Perspective

Tinuk Cahyani, Yohana Puspitasari Wardoyo
Former Minister of Social Affairs, Juliari Batubara, who managed 1.6 million packages out of a total of 1.9 million social assistance packages. The procurement package is for handling the Covid-19 Social Assistance Handling at the Ministry of Social Affairs for Fiscal Year 2020 in the form of the procurement...
Proceedings Article

Implementation of Regular Land Administration in the Management of Certificate of Rights Land Through a Full Systemic Land Registration System (PTSL)

Otom Mustomi, Nur Aida
The orderly implementation of land administration in the management of land rights certificates through the PTSL system, complete systematic land registration, which includes the first objective of the research is to find out and analyze what the legal bases must be when implementing land administration....
Proceedings Article

Human Rights in Enforcing Restorative Justice in Indonesia as a Constitutional Law State

Siti Miskiah, Abustan
The upholding of the constitution in a country basically depends on the commitment of every citizen to the rules of the state rule (rechtsstaat) that have been compiled and determined, as well as public awareness to comply with them. Theoretically, the existence of legal structures (legal institutions),...
Proceedings Article

Hoax During the Covid-19 Pandemic in Indonesia: Human Rights Perspective

Sholahuddin Al-Fatih, Wahyudi Kurniawan
Hoaxes have become mainstream in countries with a sizable netizen population, such as Indonesia. The development of hoaxes during the pandemic, actually worsens public access to correct information about efforts against Covid-19. For example, about the mis-informational effects of vaccines that have...
Proceedings Article

Construction of Home Ownership Credit Take Over Agreement in the Perspective Legal Certainty

Home Ownership Credit is loans provided by the Bank to people who need funding to buy houses with collateral/collateral in the form of land and houses purchased. Home Ownership Credit has a very important function in the process of housing ownership because according to Bank Indonesia data, the majority...
Proceedings Article

Balancing Human Rights and Restorative Justice: A Study Case for Compulsory Attendance Order Sentence in Malaysia

Muhamad Helmi Md Said
Compulsory Attendance Order (CAO) is an alternative punishment provided under the Offenders Compulsory Attendance Act 1954 [Act 461]. It serves as a punishment in lieu of custodial sentence such as imprisonment, and usually imposed by the court on person who has been convicted of certain offences. Based...
Proceedings Article

Law Enforcement of Discriminatory Health Protocols

This research aims to review the enforcement of health protocol law that is considered discriminatory, in Indonesia. The research method used is the normative legal research method. Used the study of legal sociology and legal politics to analyze the data obtained by researchers. The results showed that...
Proceedings Article

Political Participation of the Community in Presidential Election in 2019 at Malang Regency

Catur Wido Haruni, Bayu Dwi Widdy Jatmiko
Elections are a form of people’s will in a democracy, without any elections a country that calls the country a democracy must not be democracy in the true sense. Democracy cannot live on its own without the participation of the people. Democracy is a superstructure that must be supported by substructure,...
Proceedings Article

State and Religion Relationship in the Context of Indonesia Law Enforcement

Teuku Saiful Bahri Johan, Farhana
The problem studied in this research is how the relationship between the state and religion in the context of law enforcement in Indonesia, especially regarding the views of religious values and state power in deciding a case based on the Pancasila Values. This research used qualitative research - verification...
Proceedings Article

Efforts to Protect Adat’s Communities in the Settlement of Environmental Criminal Cases in Indonesia

Muhammad Luthfi, Yaris Adhial Fajrin, Dwi Ratna Indri Hapsari, Kukuh Dwi Kurniawan
Indonesia as a country that has a strategic geographical location, not only has a charming natural beauty but also abundant natural resources. The abundance of Indonesia’s natural resources is aimed as much as possible for the prosperity of the people, including indigenous peoples as part of the people...
Proceedings Article

State Responsibility for the Fulfillment of the Right to Indonesian Citizen Health Constitutional Perspective

Achmad Hariri, Lilik Puja Rahayu, Cahyaning Bhakti Utami, Edi Firman, Nur Azizah Hidayat
One of human rights is the right to health which is an element of welfare must be realized as stated in the mandate of the Preamble to the 1945 Constitution of the Republic of Indonesia. Therefore, the state has the responsibility to fulfil the right to health for all citizens without exception. This...
Proceedings Article

Analysist of Universal Health Coverage Principles for Indonesian Peoples During Pandemic Covid-19

A.A Satria Unggul Wicaksana Prakasa, Sagung Ngurah Indradewi, Al-Qodar Purwo
This research focused on analyzing regarding universal health coverage and it’s implementation in Indonesia during pandemic COVID-19. Universal Health Coverage has been displaced by the COVID-19 pandemic while disparities in outcomes have exposed stark gaps in quality, access, equity, and financial risk...
Proceedings Article

Object Expansion of Liability Auction Through Association of Liability Rights (APHT) in Indonesia

Untoro, Hamdan Azhar Siregar
The deed of imposition of mortgage (APHT) generally cannot be released with a clause that the mortgage is also binding on everything which according to its designation is an integral part of the land and building. The implication is that the clause must be contained in the draft APHT made by the Land...
Proceedings Article

Implications of Shifting the Office in the Law Eradication of Criminal Acts of Corruption (Constitutional Court Decision No. 25/PUU- XIV/2016)

A criminal act of corruption is a criminal act regulated in the Law of the Republic of Indonesia Number 20 of 2001 Amendments to the Law of the Republic of Indonesia Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption. In this Law, a formulation of the offense has been regulated,...
Proceedings Article

Consideration of Threshold Determination for President Candidate and Vice President Candidate in Indonesia

Anang Dony Irawan, Al Qodar Purwo Sulistyo
The purpose of this research found out how to determine the threshold for president candidate and vice president candidate in Indonesia as an effort to realize sovereign voters. This research was juridical normative with a statutory approach. From the results of the research, it was found that there...
Proceedings Article

The Implementation of Restorative Justice by the Indonesian Police: An Overview of Legal Philosophy

Adinda Putri Jade, Fahmil Ulum, Yaris Adhial Fajrin, Fitria Esfandiari
Restorative justice is a new concept of resolving criminal cases in Indonesia. The application of restorative justice should ideally start from the beginning of the criminal justice procedure, namely at the investigation stage (in Indonesian criminal procedure law it is divided into two stages, namely...
Proceedings Article

Narrative Legal Reform in Indonesia: Between Fulfilling Human Rights and Restorative Justice

Hilaire Tegnan
This study discusses the implementation of human rights and restorative justice in Indonesia. The promulgation of the Universal Declaration of Human Rights and Human Dignity in 1947 has led many countries across the globe to modify their constitution to accommodate human rights principles. In Indonesia,...
Proceedings Article

The Relation Between the Law Reforms and the Democracy Building in the 3rd World Countries

Echaib Samira
Talking about law reforms the last decade in the third world countries is a deep subject which still into the process of debates and research , especially if we concentrate over the process of those reforms ,its efficiency and impact into the society will lead us to highlight the relation with the democracy...
Proceedings Article

Overview of Covid-19 Vaccination Obligations within the Human Rights Framework in Indonesia

Cholidah, Nu’man Aunuh
Vaccination obligations become a policy that is widely taken by countries in the world as an effort to minimize the rate of development of pandemic diseases including COVID 19, Indonesia requires vaccination as a way to control pandemics even though the movement of the rejection of vaccination at the...
Proceedings Article

Fulfillment of the Right to Health Services During the Covid-19 Pandemic in Indonesia

Cholidah, Kahfi Pratama Zali
Barriers to health care due to the Covid-19 pandemic are not limited to Indonesia. Data from 40 studies in 17 countries found that region, disruption to healthcare services, and fear of attending health facilities all add to risk, which does not generally lead to poor outcomes. Girls and babies. The...
Proceedings Article

Criminal Acts of Refusing Housing Organizations and Settlement Companies in Indonesia

Tongat, Ratri Novita Erdianti, Nu’man Aunuh, Said Noor Prasetyo, Cholidah, Kukuh Dwi Kurniawan
Housing and settlements are one of the basic needs of society so that all citizens can have a decent place to live. However, one of the problems that often occurs and is not realized by the community is that the refusal or act of obstructing the implementation of housing is one of the criminal acts regulated...
Proceedings Article

Responding to Legal Issues Regarding the Indonesian Criminal Code Bill of 2019

Yaris Adhial Fajrin, Cindy Monique, Elvira Fitri Hasanah, Nurzakiah
The reform of Indonesia’s criminal law has been started since the 1960s. The polemic arose when there was a massive wave of rejecting the ratification of the Indonesia Criminal Code Bill (RKUHP) in the form of demonstrations carried out by various elements of society to the Indonesia Parliament (DPR...
Proceedings Article

Strengthening the Role of Mediators in Settlement of Industrial Relations Disputes During the Pandemic

Nur Putri Hidayah, Ratika Septa Amanda, Isdian Anggraeny, Fitria Esfandiari, Dwi Ratna Indri Hapsari, Komariah
The COVID-19 pandemic has resulted in many employers terminating their workers, which has led to an increase in cases of industrial relations disputes. Mediation is one method of settling industrial relations disputes. The purpose of this study is to determine the role of the mediator in the mediation...
Proceedings Article

Election of State Officials with Suspect Criminal Offense Status in Progressive Legal Perspective

Bayu Dwiwiddy Jatmiko
Legislative policies in the form of legislation in the Reformation Era, on the one hand, must formally contain ethical and moral values, but on the other hand, legislative policies sometimes seem to ignore ethical and moral values. This can be seen from the absence of strict rules governing whether or...
Proceedings Article

Reform of the Indonesia Criminal Procedural Code as a Concept of Legal Pluralism in the Framework of Legal Universalism

Shinta Ayu Purnamawati, Sidik Sunaryo, Cekli Setya Pratiwi
As a formal law, the Indonesia Criminal Procedure Code (hereinafter referred to as the Criminal Procedure Code or KUHAP) is intended to realize material law as a whole, therefore it is hoped that the Criminal Procedure Code will become the basis and foundation for the implementation of the judicial system...
Proceedings Article

Industrial Relations Dispute Resolution During the Covid 19 Pandemic Using Local Wisdom as a Form of an Approach

Joice Soraya, Jasmine Anting Soraya
Currently, the world is troubled by the Covid-19 pandemic. The rapid spread of the Covid-19 virus through contagious is difficult for even developed countries to block. In Indonesia, with a large area and there are still remote residents, it has its own difficulties to mitigate the Covid-19 pandemic....
Proceedings Article

Paradigm Transformation of the Indonesian Constitution Amendment in the Era of the COVID-19 Pandemic: Reflection on the Fourth Amendment to the Fifth Amendment

Novendri M. Nggilu, Mohamad Rivaldi Moha, Dian Ekawaty Ismail
The issue of constitutional amendments in the past decade has become increasingly prominent, as one aspect that is quite important to contemplate is paradigm of constitutional change. The fourth constitutional amendment paradigm in 1999-2002 became an important part to evaluate, especially in treading...
Proceedings Article

Fulfillment of the Principle of Good Faith in Peer-to-Peer Lending Agreements According to the Perspective of Civil Law

Yohana Puspitasari Wardoyo, Muhammad Luthfi, Tinuk Dwi Cahyani
Peer to Peer Lending (P2P Lending) is a method of providing money loans online that are currently in the community by bringing lenders together with borrowers. In line with this, in its implementation, there are many problems such as the imposition of high-interest rates on borrowers. How is the implementation...
Proceedings Article

Political Law on the Right to Control the State over Water Resources

Water is a basic human need whose existence is guaranteed by the law, namely Psala 33 of the 1945 Constitution paragraph 3, namely “The earth and water and natural wealth contained therein are controlled by the state and used for the greatest prosperity of the people.” In accordance with Law No.7 of...
Proceedings Article

Constitutional Rights of Labour During Covid 19 Pandemic: A Study of India and Indonesia

David Pradhan, Nur Putri Hidayah, Isdian Anggraeny, Fitria Esfandiari
The Covid 19 pandemic, and the legal sanction for lockdowns and curfews in 2020, had a profound impact on workers even as economic downturn, reduction of labour demand, unemployment, severe financial distress, forced migration or confinement, assailed the labour sector. The informal, contractual, migratory,...
Proceedings Article

Bullying as A Criminal Act in the Perspective of Criminal Law in Indonesia

Ratri Novita Erdianti, Isdian Anggraeny
Juvenile delinquency is a dangerous condition for children as the nation’s successors. One of the harmful forms of juvenile delinquency is bullying. The dangers of bullying can befall the victims from a mockery that is considered normal in the association of children in general to a fatal error for the...
Proceedings Article

Privatization of Water Resource Management in the Discourse of Local Government Autonomy

Sholahuddin Al-Fatih, Nur Putri Hidayah, Isdian Anggraeny, Fitria Esfandiari, M Lutfi
Water is an inseparable element of human life. Data from National Geographic shows that Indonesia holds 6% of the world’s water supply or about 21% of Asia Pacific water supply. Indonesia’s potential water resource reserves are around 3,900 billion cubic meters per year. That potential lies in 5,886...