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Abstract Topic: ASIAN Conference on Comparative Laws

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A COMPARISON BETWEEN INDONESIAN AND THE UNITED KINGDOM LAW IN THE CONTEXT OF ERRADICATING THE CORRUPTION BY THE STATE COMPANY
Diastama Anggita Ramadhan, S.H., L.LM. (a*) ; Zil Aidi, S.H., M.H. (b)

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Corresponding Author
Diastama Anggita Ramadhan

Institutions
a) Faculty of Law, Universitas Diponegoro, Semarang
Jalan Prof. Soedharto No. 1, Tembalang, Semarang, Jawa Tengah, 50275 Indonesia
*RamadhanD[at]live.undip.ac.id

b)Faculty of Law, Univeristas Diponegoro, Semarang
Jalan Prof. Soedharto No.1, Tembalang, Semarang, Jawa Tengah, 50275 Indonesia

Abstract
The government of Indonesia has finally decided that the state company could become the suspect of the corruption case. The Corruption Erradication Commission state that the law did not made a specific difference between the corruption conducted by a person or corruption which conducted by the state company. The Supreme Court of Indonesia has also confirmed the commission statement by creating the Supreme Court Official Regulation (PERMA) Number 13/2016. This article will use the normative legal research. It will also do a comparison with the United Kingdom who already implemented the law. Despite the differences of the legal system between two countries, both countries have similar law, hence both county could shared their experience.

Keywords
Corruption, Erradication, State Company.

Topic
ASIAN Conference on Comparative Laws

Link: https://ifory.id/abstract/wP9zGBb4ZTke


Avoiding Constitutional Crisis Through the Variational Decisions of the Constitutional Adjudication
Nanik Prasetyoningsih

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Corresponding Author
Nanik Prasetyoningsih

Institutions
Universitas Muhammadiyah Yogyakarta

Abstract
This study discusses the development of constitutional testing decisions that are different from those of Hans Kelsen (1920) and shows that at this time the Constitutional Court not only canceled the provisions of the law, but also added words and expressions in a provision. By using case studies of Constitutional Court Decisions in Germany, South Korea and Indonesia through a comparative legal approach. This study argues that variations in decisions are made as alternatives in the event that there is no need to cancel a law, and each type of decision is used to avoid a constitutional crisis. For example, by allowing judges to leave legal norms that are considered unconstitutional for a while to avoid a legal vacuum or allow the judge to announce that, even though the norm may be constitutional at the time of testing, the norm can be considered unconstitutional after the verdict.

Keywords
the variational decision, constitutional crisis, constitutional review

Topic
ASIAN Conference on Comparative Laws

Link: https://ifory.id/abstract/6fwRxNtnZADX


BANKRUPTCY APPLICATION: A COMPARATIVE STUDY OF INDONESIAN AND THAILAND BANKRUPTCY LAW
M Fauzi

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Corresponding Author
M Fauzi

Institutions
Universitas Mulawarman

Abstract
The drafting and amending process of Indonesian bankruptcy law which was carried out in response to a crisis resulted in the resulting legal politics in favor of the interests of creditors so it caused controversy. Comparison with Thailands bankruptcy law is interesting because it has a legal system and bankruptcy construction that is not much different. This micro comparison study uses a legislative approach and a conceptual approach to review the criteria and requirements for bankruptcy applications. The study found that the fundamental differences in the criteria and requirements for bankruptcy applications between Indonesian and Thailand bankruptcy laws lay in insolvency criteria, minimum debt requirements, discharges, and the absence of specific mechanisms for certain debtors. Except for the minimum debt requirement, the criteria for bankruptcy application in Thailand law are more in line with the basic concept of bankruptcy institutions so that they are expected to be able to maximize their functions in protecting the interests of the parties equally. Insolvency criteria and discharge to honest debtors should be adopted in Indonesian bankruptcy law so that improving the construction of bankruptcy institutions in Indonesia becomes more ideal. Abuse of bankruptcy institutions can be avoided because only insolvent debtors can be bankrupt so that there is no need for a special mechanism to protect certain debtors.

Keywords
comparative law, bankruptcy application, insolvency, Indonesia bankruptcy law, Thailand bankruptcy law.

Topic
ASIAN Conference on Comparative Laws

Link: https://ifory.id/abstract/bFuMNCqwxzme


Comparative Study between Indonesia and Taiwan in Protecting the Rights of Mental Health Patients: The Case of Human Shackling in Indonesia
Andi Agus Salim, Muhammad Arizka Wahyu, Wahyudi Umar

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Corresponding Author
Amanda Amanda

Institutions
Asia University

Abstract
Indonesia is suffering with a lot of mental health patients who have been in shackled or locked up in narrowed spaces. Approximately, there are 57,000 people with real or perceived mental health disorder and latest Human Rights Watch data shows that more than 18,800 people now live in shackled in Indonesia. Even though the government banned shackling in 1977, it is undeniable that many institutions, traditional therapists and families are still performing human shackling. Shackling people with mental health conditions is illegal in Indonesia and yet it remains a widespread and brutal practice. Regarding to this phenomenon, Indonesia has enacted the Mental Health Law 2014 which cover mental health issues and it aims to uphold for the rights of people with mental health disorders. Furthermore, the researchers would like to know how Indonesian government deals with the mental health patients in term of respecting, protecting and fulfilling their rights. Aside of that, the researchers also try to make comparative study with Taiwan as the country which has excellent health care system in the world. Through this research, the authors aim to show the number of the human shackling in Indonesia still persist which caused by inadequate regulations, lack of mental health hospitals, low level educations and shortage of psychiatrists and other mental health providers. By considering the condition above, the research suggests that Indonesian government has to take important steps to end the practice of shackling people with mental health conditions in order to respect, protect and fulfill the human rights of mental health patients. Moreover, the Indonesian government should immediately order inspections and regular monitoring of all government and private institutions and take action against facilities that practice shackling or abuse people with mental disorder.

Keywords
Mental Health Law, Human Shackling, Human Rights, Comparative Law

Topic
ASIAN Conference on Comparative Laws

Link: https://ifory.id/abstract/VEkCNzyrvj7L


COMPARISON BETWEEN JUSTICE INSTITUTIONS IN INDONESIA AND JUSTICE IN THE STATE OF KHILAFAH HIZBUT TAHRIR VERSION
Nugraha Pranadita

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Corresponding Author
Nugraha Pranadita

Institutions
Nusantara Islamic University

Abstract
According to the Central Bureau of Statistics, between 2015 and 2017 the number of crimes in Indonesia has declined relatively, but the number of villages that have the potential to become a venue for conflict has increased relatively. Thus seen from the region, the potential for conflict that can lead to crime becomes increased. In 2015 there were 352,936 crime cases, in 2016 there were 357,197 crime cases, while in 2017 there were 336,652 crime cases. Recently, the importance of the existence of a khilafah state has become an interesting discourse in Indonesia. In general, the discussion is more on political or power issues, but rarely addresses the issue of the judiciary in a khilafah state. Related to this, in this paper we will discuss the comparison between the judicial institutions in Indonesia and the judicial institutions that may exist in a khilafah state along with the potential problems. The model of the khilafah state to be discussed here is a model of the khilafah state according to Hizbut Tahrir. Thus this research is normative legal research.

Keywords
Crime, institution, court, state and khilafah.

Topic
ASIAN Conference on Comparative Laws

Link: https://ifory.id/abstract/ZahyCnAuF6zN


COMPARISON OF THE CONCEPT OF MASTERY OF THE SPACE ACCORDING TO THE THEORY OF THE SPACE LAW WITH THE MASTERY OF THE SPACE ACCORDING TO POSITIVE LAW OF INDONESIA
Pranadita, Nugraha; Wr, Imas Rosidawati; Rahmatullah, Tansah

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Corresponding Author
Nugraha Pranadita

Institutions
Nusantara Islamic University

Abstract
Space is no longer a no-mans space, but has become an arena of competition for various interests from various countries and international organizations. This is because currently space has economic value and strategic value that may be unlimited. In order for the space potential to be utilized optimally, there is a need for understanding among the parties concerned. Thus the existence of the theory of space law is an important thing to bridge the gap between the needs and availability of space in space, because not all positions in space have the same economic value and strategic value. Legal development in Indonesia has not really paid attention to the importance of space law. Positive law in Indonesia is still very limited in providing arrangements for the use of space, so that it needs to be increased and prioritized in the development of Indonesian law. Based on this, this research is a doctrinal legal research using a legal approach which is described descriptively by using the deductive method.

Keywords
Concept, mastery, space, positive law, and Indonesia.

Topic
ASIAN Conference on Comparative Laws

Link: https://ifory.id/abstract/dPfwQKurx3Dm


CRIMINAL LAW POLICY OF CORRUPTION CRIMINAL (CORPORATION)
Iskandar, Nyoman Serikat Putra Jaya

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Corresponding Author
Iskandar Iskandar

Institutions
student Doctoral of Law of Diponegoro University

Abstract
The corruption acts are not only carried out by individuals but also by legal entities or corporations. This paper examines the criminal liability issues will put forward the question of the corporation as the subject or the perpetrator of a criminal corruption offense. Law number 20 the year 2001 regarding the amendment of law number 31 the year 1999 on The Eradication of Corruption in Article 1 verse (3) have been mentioned corporation as the subject of corruption. The handling of corruption has not optimally entangled the corporation as the perpetrator of a criminal act. The results showed that the regulation of corporate criminal responsibility has been regulated in the legislation of corruption have to an amendment about the arrangement of "work relations" and "other relationships" so explained to avoid misinterpretation

Keywords
Legal Policy, Prevention, Corporation, Corruption

Topic
ASIAN Conference on Comparative Laws

Link: https://ifory.id/abstract/uDUw4XG2RNnH


EFFECTIVENESS OF DISPUTE SETTLEMENT FACILITATING OF SHARIA BANKING IN INDONESIAS FINANCIAL SERVICES AUTORITY
Khaerudin H, Dewi NM, Ani Yunita

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Corresponding Author
Iwan Satriawan

Institutions
Universitas Muhammadiyah Yogyakarta

Abstract
Dispute Settlement Facilitating in Indonesian Financial Service (OJK) is one of the effective instruments for resolving non-litigation disputes that have many benefits. However, there is still lack of the public understanding on the benefit of using facilitation because the dispute settlement model with a facilitation mechanism has just been implemented after the enactment of the Indonesian Financial Service Regulation No. 1 of 2014. Some people are familiar with mediation which in practice is carried out by Alternative Dispute Resolution Institutions (LAPS). Dispute settlement through facilitation that have not been resolved for the parties can be processed through LAPS. The purpose of this research is to find out the relationship between OJK and LAPS and how the mechanism and procedure of proceedings at LAPS in resolving sharia banking disputes. This study is normative and empirical research. The study use constructivism paradigm and conducted through library research and field research. Secondary data obtained through library research and legal documents. Primary data was obtained through research in the field conducted by interviews with OJK and LAPS Jakarta leaders. Data analysis using qualitative descriptive analysis that describes Effectiveness facilitation in the settlement of sharia banking disputes in OJK Jakarta. The results of study shows that the relationship between OJK and LAPS is a legal commitment based on Law No. 21 Year 2011 and joint decisions of four equal ministers/officer e.g. (1) Coordinating Minister for Economic Affairs (2) Governor of Indonesian Central Bank; (3) Minister of Finance and (4) State Minister for State-Owned Enterprises. The mechanism and procedure for proceedings at OJK and LAPS includes the following stages, as follows: Application, Verification, Election/Appointment, Confirmation, Mediation/Arbitration/Adjudication, Election/Agreement and ended at the Monitoring of the appoinment of the Agreement.

Keywords
Effectiveness, Facilitation, Dispute Resolution, Sharia Banking

Topic
ASIAN Conference on Comparative Laws

Link: https://ifory.id/abstract/tURBNbdEujnp


Fair Railroad Business Entity in Indonesia
Reni Anggriani

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Corresponding Author
Reni Anggriani

Institutions
Faculty of Law Universitas Muhammadiyah Yogyakarta

Abstract
Railway, one of the modes in the national transportation system, is a mass transportation with its characteristics and advantages. Air the research is the potential of this transportation needs to be developed and enhanced as a regional liaison both nationally and internationally also to support and improve national development for social welfare in order to access justice for using mass transportation especially land transportation namely railways. One spirit of the Law Number 23 of 2007 concerning Railways is the end of the monopoly implementation of railways in Indonesia. The problem is what kind of Railroad Business Entity can carry out the fair railway implementation for the community using these services in Indonesia? The research method is normative and will be carried out with literature. The conclusion in this research is Law Number 23 of 2007 concerning Railways in the provisions of article 1 point 10 concerning private sector needs some explanation for regulations that many private sectors are involved in railroad transportation modes in Indonesia, so that not only Indonesian Railways Company (PT KAI) becomes a sole state-owned railway corporation. The recommendation in this research is need explanation inside Law Number 23 of 2007, so that Indonesian people can access justice for transportation services specifically railways.

Keywords
Railroad, Private Sector, Justice

Topic
ASIAN Conference on Comparative Laws

Link: https://ifory.id/abstract/Hbn8MLV2vNJC


FOREIGN LAWS AND DOMESTICS COURT: DOES THE INDONESIAN CONSTITUTIONAL COURT TAKE INTO ACCOUNT THE EXISTENCE OF FOREIGN LAW IN DECIDING CASES?
Andy Omara SH, MPub&IntLaw., Ph.D.

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Corresponding Author
Latifah Hanum Kusumastuti

Institutions
Universitas Gadjah Mada, Indonesia

Abstract
The establishment of The Indonesian Constitutional Court (Mahkamah Konstitusi-MK) in 2003 is often considered as one significant achievement of the most recent Constitutional amendment (1999-2002). This new Court has significant authorities in protecting the constitutional rights of the citizens and upholding the norms of the Constitution. MK has five constitutional authorities i.e. settling dispute in general election; settling the dispute competence among state institutions; conducting constitutional review, dissolving political parties and providing legal opinion in presidential impeachment process. As a newly established legal institution, MK needs all necessary laws and regulations to exercise its constitutional mandates. These include the Constitution and other relevant legislation such as the MK Law and the Judicial Powers Law. In general, the work of MK, both substantive (material) and procedural (formal) law, is regulated in specific law namely Law No 24 of 2003 on Mahkamah Konstitusi Republik Indonesia (MK Law) which was then amended by Law 8/2011. The substantive law regulates things such as the authorities of the Court, the types of Court rulings, and the impact of the court rulings. Formal law regulates the procedures in upholding the substantive law. Procedural law explains about all necessary steps in cnducting litigation in the MK starting from submitting a petition to the Court, the preliminary examination, up to the court delivering its decisions. Besides Constitution, MK Law and other relevant laws such as the Law on Judicial Powers (kekuasaan kehakiman), the work of MK is also guided by the PMK, Peraturan Mahkamah Konstitusi (Constitutional Court Regulation). The PMK aims to further elaborate provisions stated in MK Law such as elaborating the MK authorities and explaining in detail the procedures to conduct litigation in MK. Even though the regulations related to MK and procedures to litigate in MK are somewhat many, in practice in conducting its responsibilities especially in dealing with cases before it, it is often that the existing regulations are insufficient. In such situation, it is not possible for MK to decline such cases on the ground that the existing legislation do not address such cases (Ius Curia Novit). The question then how will MK handle the case when the existing laws and regulations do not address such cases? Does MK refer to other sources in deciding the cases? Does foreign laws or treaties influence the decision of the Indonesian Constitutional Court? If so, how do foreign law and treaties influence the decision of the Indonesian Constitutional Court? This paper intends to answer the above questions. In addressing the questions, the paper will first briefly descript the background of the establishment of the MK and some influences from other countries experiences in regard to constitutional court. The paper then will examine the relevant regulations related to MK ranging from Constitution up to PMK (MK regulation). Next, the paper will analyse selected cases submitted to MK in order to answer whether in certain cases, in deciding novel cases MK consider the norms of foreign law and treaties. The paper will end with conclusion and recommendation.

Keywords
Foreign Laws, Domestic Court, Constitutional Court

Topic
ASIAN Conference on Comparative Laws

Link: https://ifory.id/abstract/Tz8RgUCxbBf6


IMPLEMENTATION OF LAW ENFORCEMENTS ON ENVIRONMENTAL POLLUTION IN WASTE MANAGEMENT IN THE SPECIAL REGION OF YOGYAKARTA
Yeni Widowaty and Laras Astuti

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Corresponding Author
Yeni Widowaty

Institutions
Universitas Muhammadiyah Yogyakarta

Abstract
The waste generated from households always increases every day, appearing to uncontrolled volume of waste. According to Law Number 18 of 2008 concerning waste management "Every person is prohibited from garbage disposing not at the designated place". However, researcher found that many people are still littering without take an action. This research aims to know the implementation of law enforcement on pollution and/or enviromental damage in waste management and the suitable concept on law enforcement againts pollution in waste management in the future. This research is a socio-legal research based on primary and secondary data. The data were analized using flow model of analysis. The results of research show that the Special Region of Yogyakarta local government has regulated waste management, which has been implemented at the district and city level. Thus, the lack of socialization causes people littering. The ideal sanction will be based on restorative justice concept. The perpetrators and victims face each other and a third party as a facilitator; it is expected for decreasing the littering.

Keywords
Law enforcement, waste management, pollution and / environmental damage

Topic
ASIAN Conference on Comparative Laws

Link: https://ifory.id/abstract/GUv8fnr9TuMZ


Independence and Integrity of Constitutional Justices: Theoretical Approach and Its Application in Indonesia
Iwan Satriawan, Septi Nur Wijayanti, Beni Hidayat, Tanto Lailam

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Corresponding Author
Iwan Satriawan

Institutions
Universitas Muhammadiyah Yogyakarta

Abstract
The article aims at discussing the importance of independence and integrity of the Constitutional Judges in the light of democratic system. The article also explores the challenges facing the application of the independence and integrity of the Constitutional Judges, with special reference to Indonesia. The article is based on a normative legal research which uses philosophical, constitutional, comparative and cases approach. The result of research shows that firstly, independence and integrity of the constitutional judges is important because theoretically the constitutional judges are the main actors who guarantee the working of rule of law principle of the countries. The constitutional judges are the guardian of the Constitution which means securing the working of democracy as well as the protecting the citizens rights. Therefore, strengthening mechanism of recruitment of constitutional judges is also needed. Secondly, in case of Indonesia, the quality of recruitment process of constitutional justices influences the quality of the constitutional justices. Thirdly, the challenges of implementation of the independence and integrity of the constitutional judges are strongly influenced by the political factor since the constitutional judges are mostly appointed through a process which involves political actors in parliament and presidency. Accordingly, there is a need of better recruitment model of constitutional justices and statesmanship commitment from the political actors in the countries. The better model of recruitment of constitutional justices and statesmanship commitment of political actors of the countries will be determinant factors which may lead the countries towards a developed and strong country.

Keywords
independence, integrity, constitutional justices

Topic
ASIAN Conference on Comparative Laws

Link: https://ifory.id/abstract/p9CmUBVL3fbW


INSTITUTIONAL DISPUTES SETTLEMENT MECHANISM OF SUCCESSION IN NGAYOGYAKARTA HADININGRAT SULTANATE
Faishal Aji Prakosa, Iwan Satriawan

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Corresponding Author
Iwan Satriawan

Institutions
Universitas Muhammadiyah Yogyakarta

Abstract
The Indonesian Constitutional Court Decision No. 88 / PUU-XIV / 2016 states that a woman is entitled to be a candidate for Governor and Vice Governor in the Special Region of Yogyakarta. This decision has become a polemic among the people of Yogyakarta, Indonesia and also internal conflict among the internal members of the Yogyakarta Palace because historically, the Sultanate never had a woman as the leader. This research aims to find out the institutional disputes settlement mechanism in Ngayogyakarta Hadiningrat Sultanate. This research is a normative and empirical legal research which means that the research uses both library research and interview respondents in obtaining data. The result of the research shows that in the Ngayogyakarta Hadiningrat Sultanate Palace there is no clear mechanism of resolving disputes among Sultanate family and there is no institution that has the authority to solve cases of institutional disputes. Yogyakarta Sultanate is now in a state of emergency, in which the Sri Sultan Hamengku Buwono X does not have a son as the successor to the throne of the Kingdom. Basically, the dispute settlement in Yogyakarta Sultanate Palace can be settled through discussion among Sultanate Family. Eventhough historically the Ngayogyakarta Hadiningrat Sultanate hasnt had customary law or paugeran adat that regulates about the figure of female leaders, basically a woman stil has an opportunity to become a governor and also become a leader or Sulthanah in the Yogyakarta Sultanate Palace if there is a new political consensus among the royal family in settling the dispute. Therefore, the research recommends that Ngayogyakarta Hadiningrat Sultanate Palace needs to initiate the establishment of an institution that has authority to settle any disputes happened in the Ngayogyakarta Hadiningrat Sultanate Palace.

Keywords
Institutional Disputes, Succession, State of Emergency, Sulthanah

Topic
ASIAN Conference on Comparative Laws

Link: https://ifory.id/abstract/vUA6Kx7GFLp4


Legal Capacity on Contract Law: A Comparative Study Between the Compilation of Sharia Economic Law and the Civil Code
Yeni Salma Barlinti

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Corresponding Author
Yeni Salma Barlinti

Institutions
Faculty of Law Universitas Indonesia

Abstract
Legal relations carry out in transaction activities in Indonesia are based on the Civil Code. However, with sharia transaction activities since 1992, the Supreme Court issued a Compilation of Sharia Economic Law (Kompilasi Hukum Ekonomi Syariah) to regulate sharia business activities in Indonesia in 2008. One of the basic provisions in contract law is the legal capacity of contract executors. This paper will examine the comparative law regarding the legal capacity of the two rules and the legal consequences for the parties with these two rules. This research used normative-juridical research method by analyzing articles concerning legal capacity on the Compilation of Sharia Economic Law and the Civil Code qualitatively. It is founded that the two rules have a number of differences, namely the minimum age limit for legal capacity, the category of legal capacity, and custody for people who are incapacity. The existence of these differences can provide legal consequences for transactions being invalid when using different laws. Therefore, the use of both laws must be properly placed by actors in doing transactions and judges in resolving disputes, namely using Compilation of Sharia Economic Law in Islamic transactions and using the Civil Code in non-Islamic transactions.

Keywords
legal capacity, contract law, custody, islamic transaction

Topic
ASIAN Conference on Comparative Laws

Link: https://ifory.id/abstract/mqWgQLnTFGND


LEGAL ENFORCEMENT ON CARTEL PRACTICE: COMPARATIVE STUDY OF THE IMPLEMENTATION OF LENIENCY PROGRAMS IN INDONESIA AND SINGAPORE
Reni Budi Setianingrum

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Corresponding Author
Reni Budi Setianingrum

Institutions
(1)Lecturer of Faculty of Law Universitas Muhammadiyah Yogyakarta
(2)Student of Doctorate Program, Faculty of Law Universitas Gadjah Mada

Abstract
Nowadays we have entered an era where countries have no boundaries and almost borderless, this era often called globalization era. Globalization is characterized by a process where economy becomes more closely integrated which is manifested in the form of free trade. One of the negative effects of free trade is the rise of international cartels. Cartel is an infringement of competition law which very difficult to prove, this is because the cartel perpetrators carry out the agreement secretly. This study uses a normative juridical method and aims to examine the application of leniency programs in the enforcement of Competition Law in Singapore and how Indonesia can learn from Singapore. Results of research indicates that there is one method commonly used in several countries in the context of law enforcement against cartels is the leniency program, also known as the whistleblower program. One of the neighboring countries that implementing the leniency program is Singapore. Singapore has succeeded reveal many international cartel cases. This program gives benefits for providing evidence regarding the cases. Indonesia can learn from Singapores experience in implementing the leniency program.

Keywords
cartel; competition law; leniency program

Topic
ASIAN Conference on Comparative Laws

Link: https://ifory.id/abstract/uzYBZEyGU8W6


LEGAL PROBLEMS OF CASH WAQF PRACTICE IN CENTRAL JAVA AT INDONESIA
Islamiyati

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Corresponding Author
Islamiyati islamiyati

Institutions
FH UNDIP

Abstract
The implementation of waqf cash that is not in accordance with the laws and regulations, raises legal problems in the community. The study will analyze the problem of chash waqf law and its juridical solution-s. This research in Central Java, by taking research samples from Boyolali, Salatiga, Regency and City of Semarang. The aim is to analyze the implementation of cash waqf in Central Java and its benefits can be used as material for government policies in implementing cash waqf law. The research type is field research using the empirical juridical approach method. The research data is in the form of primary and secondary data, which includes primary, secondary and tertiary legal materials. Analysis of analytical descriptive data. The research results of the problem of cash waqf law in Central Java is; low public interest in representing cash waqf, lack of coordination between cash waqf institutions (BWI and LKS-PWU), lack of human resources in understanding cash waqf, and misunderstandings about the meaning of cash waqf. Juridical solutions include; increasing BWI management resources, optimizing BWIs performance, socialization of waqf legal rules, forming a positive image of LKS-PWU, and increasing the professionalism of integrated management in managing waqf assets.

Keywords
Legal Problems, Cash Waqf Practice, Central Java.

Topic
ASIAN Conference on Comparative Laws

Link: https://ifory.id/abstract/Uugdzn2yEf67


OPEN LEGAL POLICY IN THE CONSTITUTIONAL COURT DECISION AND NATIONAL LEGISLATION MAKING
Iwan Satriawan & Tanto Lailam

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Corresponding Author
Iwan Satriawan

Institutions
Faculty of Law, Universitas Muhammadiyah Yogyakarta

Abstract
The Constitutional Courts Decision No. 46/PUU/XIV/2016 which rejected the petition of petitioners to broaden the meaning of zina (fornication) in the Criminal Code of Indonesia has been becoming an interesting issue to be discussed. Some argue that the Constitutional Court must use its authority to conduct a break-through in responding the crucial legal issue. On the other hand, the Court asserted that widening the meaning of zina in the Criminal Code of Indonesia is not its authority. The research aims at discussing further the ratio decidendi of the Decision of the Constitutional Court which contains the element of open legal policy and its implication to national legislation system. The research is a normative legal research which uses statute approach and case law approach. The result of research shows that firstly, the concept of open legal policy in the Constitutional Courts decisions does not have a clear limitation which implies uncertainty of its implementation in the Courts decisions and the national legislation system. Secondly, the Decision of the Constitutional Court with open legal policy also shows that on one hand, there is a trend of using judicial activism among the constitutional judges and on the other hand, some constitutional judges also use judicial restraint approach as their reasons which results uncertainty of law in Courts decision. The research recommends that there should be a further study on design model of open legal policy in the Constitutional Court decisions and its implication to national legislation system.

Keywords
open legal policy, the Constitutional Court decisions, national legislation making

Topic
ASIAN Conference on Comparative Laws

Link: https://ifory.id/abstract/CceZbgUPdMnL


Realize The Legal Certainty Of Waqf Land With Mobile Based Mapping Application Model
Onny Medaline, Sri Wahyuni, Siti Nurhayati

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Corresponding Author
onny medaline

Institutions
Universitas Pembangunan Pancabudi

Abstract
Waqf studies are not only seen in the scope of Islamic law alone. Waqf is now part of a legal concept in the form of legal rules both in the scope of private law and public law as a form of binding legal certainty so that its implementation can walk according to its purpose. Along with the current development, especially in the field of technology, which has an impact on social, economic, and cultural conditions. The use of technology in the field of information systems is one of the media that can be used to manage, save, and display data of an object, so that later it will provide complete information. In general, almost 80% of waqf land in Medan City has problems. The Mobile Based Mapping Application model will later create a database which aims to identify various waqf issues that occur on waqf lands spread across the North Sumatra region. This study aims to identify the location of waqf land, governance of waqf land, economic potential of waqf land, especially waqf land certificates as the basis of rights in the management of the waqf land. The results obtained will be combined with an information technology system that will provide accurate data. The main problem in this research is how the waqf land database system, to identify the base documents for waqf land rights, management of waqf land, and utilization of waqf land to collect data on waqf lands as an effort to realize legal certainty, especially those in Medan City. The method used in this research is descriptive qualitative which aims to understand social phenomena from the side of the participants perspective

Keywords
Model, The Legal Certainty, Waqf Land

Topic
ASIAN Conference on Comparative Laws

Link: https://ifory.id/abstract/hTWej8vyJQK7


Redesign Of Indonesias Decentralization Policy Towards Special Autonomy Model
King Faisal Sulaiman

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Corresponding Author
King Faisal Sulaiman

Institutions
Muhammadiyah University of Yogyakarta

Abstract
This research is about redesigning Indonesias decentralization policy towards special autonomy which aims to identify and analyze (1) the polemic on the implementation of Indonesias current decentralization policies and (2) offer a special Autonomy model as the ideal concept for the future implementation of Indonesias decentralization policies. This research is a normative legal research based on the literature study, divided into primary legal materials, secondary legal materials, and tertiary legal materials. The approach used in the research area : (1) statute approach; (2) analytical approach (analytical approach); (3) comparative approach; (4) case approach (case approach) and (5) conceptual approach (conceptual approach). The library data that has been collected will be analyzed descriptively. This research concludes that the implementation of the decentralization policy nowdays still creates problems between the symmetrical decentralization model (regional autonomy) and the special autonomy models (asymmetric decentralization) but only specifically to Aceh, Papua, Yogyakarta and Jakarta. There is no Lex Specialis that provides an equitable legal umbrella for all regions to demand "special autonomy" as constitutional rights such as those granted to Aceh or Papua. Even though it is still considered a "trial an error", the choice of asymmetrical decentralized models (Special Autonomy) is the best rational choice for a very broad and heterogeneous country of Indonesia". Ideally, asymmetric decentralization policies in the future are no longer based on sporadic demands, but it must be designed that are comprehensively and systematically prepared by considering all aspects, especially human resources, natural resources, local wisdom, and the prevailing customary government system.

Keywords
Decentralization Policy, Regional Autonomy, Special Autonomy

Topic
ASIAN Conference on Comparative Laws

Link: https://ifory.id/abstract/b7qRAgJVEP3Q


Relationship between Political Apointee and Bureaucracy in Civil Service System
Bagus Sarnawa dan Martinus Sardi

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Corresponding Author
Bagus Sarnawa

Institutions
Universitas Muhammadiyah Yogyakarta

Abstract
In Indonesia, governmental bureaucracy is commonly occupied by the political apointee and bureaucratic careers. The existence of the political apointee in the bureaucracy is one of the consequences of the democratic system in Indonesia. This research aims to analyze the relationship between political apointee and bureaucratic careers in the civil service system in Indonesia. The political apointee generally tends to support the political party to which he associates with. While of that, bureaucratic careers should work for the government goals and the developments. The relationship between political apointee and bureaucracy careers are about "who dominates whom" and "who controlls whom". Political apointee strictly influenced the bureaucracy in most cases the bureaucracy is merely subordinates of the political apointee such phenomenon is found. During the Old Order, the New Order, and the Reformation Era. in the Old Order. The political apointee in bureaucracy commonly will ask all new comers to join the political orientation of them. Similarly, governmental bureaucracy in the New Order period, was controlled and became subordinate of Golongan Karya (Golkar). At the time, Golkar was not a political party but it has a role as one of a political party to join the general election. As a ruling party, Golkar ask all the civil service to be a member of them. In the Reformation Era, the bureaucracy still becoming subordinates of political apointee. Since the authority to promote, redeployment, and discharge the staffs or the civil service are the right of political officers, hence the officers will be easily to influence the staffs for joining their political orientations.

Keywords
The Political Apointee, Bureaucracy, Civil Service System

Topic
ASIAN Conference on Comparative Laws

Link: https://ifory.id/abstract/ECJaq8TgQfPc


Simultaneous Election in Indonesia: Problems and the Future Agenda
Septi Nur Wijayanti, Faishal Aji Prakosa

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Corresponding Author
Septi Nur Wijayanti

Institutions
Universitas Muhammadiyah Yogyakarta

Abstract
In April 2019, Indonesia started a new model of election, that is simultaneous election. The silmutaneous election is expected to resolve the problem of ineffeciency of separate previous election. However, the implementation of the simultaneous election seems not easy. The research aims to evaluate the working of the simultaneous election 2019 and recommend future agenda of the simultaneous election in Indonesia, whether it is still needed or not. This is a normative legal research which uses constitutional, statute and case approach. The result of research shows that there are some problems of the simultaneous election. First, structuring the national elections simultaneously seems not easy. Second, there is no a stable political party-s coalition design which may produce a more qualified election. Third, in practice, due to lack of maturity, the simultaneous election has produced more social and political conflicts in the society. For the future agenda, the research recommends that first, there is a need to have a better management of election in the future. The weakness and the strenghts of the simultaneous election needs a further assessment. Second, It also need a better model of political partys design of coalition to produce a better qualtiy of elections. Third, there should be a massive political education to promote a better political climate of democracy in the future.

Keywords
simultaneous election, management of election, political party-s coalition design, political maturity

Topic
ASIAN Conference on Comparative Laws

Link: https://ifory.id/abstract/bTHLgYX63NdR


THE APPLICATION OF SHARIA PRINCIPLES IN SHARIA HOTEL BUSINESS AT NAMIRA SYARIAH HOTEL IN PEKALONGAN
Fadia Fitriyanti and Angela Diana Fiantilan

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Corresponding Author
Fadia Fitriyanti

Institutions
Faculty of Law Universitas Muhammadiyah Yogyakarta

Abstract
This study aims to analyze the procedure to obtain halal tourism business for the Shariah Hotel Certification and how the application of the sharia principle at Namira Syariah Hotel in Pekalongan whether it is in line with the sharia principle. The Sharia principle in the sharia hotel business is regulated by the National Sharia Council Fatwa No.108/DSN-MUI/2016 about Guidelines for Implementing Tourism Based on Sharia Principles. The type of research is empirical research, and the method used in research is interview and documentation. The data analysis used collecting data. The result of this research is the guidelines for conducting Sharia Hotel business, previously enacted in the regulation of the Minister of Tourism and Creative Economy Number 2 of 2014. However, this regulation is revoked by regulation of the Minister of Tourism number 11 of 2016, and then, it is repealed back by Minister of Tourism Number 12 of 2016. Now, the regulation governs about the guidelines of sharia hotel management namely National Sharia Council Fatwa No.108/DSN-MUI/2016. Namira Syariah Hotel is a hotel that has implemented Sharia elements in aspects of product, service, and management by Sharia Principle. Even though all the elements have been fulfilled which refers to National Sharia Council Fatwa No.108/DSN-MUI/2016, the hotel has not yet obtained the permit to establish a Sharia Hotel because the hotel still has to obtain a certificate through procedures that are determined by legislation.

Keywords
application, sharia principle, sharia hotel

Topic
ASIAN Conference on Comparative Laws

Link: https://ifory.id/abstract/YzndCkH9LaAF


The Challenges of Active Non-Violence in Creating a Culture of Peace
Martinus Sardi

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Corresponding Author
Latifah Hanum Kusumastuti

Institutions
Universitas Muhammadiyah Yogyakarta

Abstract
The commitment to respond to challenges of active non-violence is urgent in this era. It is because the spread of aggression, terror, violence and the violations of human rights. There have been many victims, such as professional killing, systematic murder, genocide, torture, violence against women and children, and other cruel and inhuman treatments. These barbaric actions cause the growth of the culture of terror and the culture of death which do not respect the human dignity. They will be more terrible if the official government do not take active parts in this matter although they are capable to solve them. Islam as a religion has the obligation to respond to those barbaric actions through active non-violence to create the culture of peace, which promotes and protects the value of peace and fundamental rights in Islamic perspectives. In the Islamic teachings, peace, justice and human rights are inherent rights in the dignity of human. Islam is a unique religion in this world having official teachings of human rights and promoting the culture of peace. This culture must be created and developed together with respect to the culture of life. This is the real challenges that must be resolved.

Keywords
Islam, Active Non-violence, Culture of Peace, Culture of Death, and Violations of Human Rights

Topic
ASIAN Conference on Comparative Laws

Link: https://ifory.id/abstract/ZxMQEXdNVWkr


The Challenges of Islamic Peer to Peer Lending as The Alternative Solution To Financial Technology based on The Peer to Peer Lending Service in Indonesia
Dewi Nurul Musjtari (1), (2) Fiska Silvia Raden Roro, (3) Rofah Setyowati

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Corresponding Author
Dewi Nurul Musjtari

Institutions
(1) Faculty of Law, Universitas Muhammadiyah Yogyakarta, dewinurulmusjtari[at]umy.ac.id (2)Faculty of Law, Airlangga University, Surabaya, fiska[at]fh.unair.ac.id (3)Faculty of Law, Diponegoro University, rofahundip[at]gmail.com

Abstract
The main attention of the authors to this research are the challenges of Sharia Financial Technology (fintech), especially the online loan service industry (Peer-to-Peer lending fintech service) to the financial regulations and the alternative solutions to solve the problem. The type of research method is normative research. This research used the statutory approach and conceptual approach which are obtained from library research. Moreover, this research also uses an empirical juridical method which is based on interview results. The challenges, in conventional Peer-to-Peer lending system, there is economic immorality in their applications such as maisyir, gharar, riba, and dhalim acts. It is completely different from Sharia Fintech which has sharia compliance as the main principles, which is outlined in several rules in facing the challenges of Islamic peer-to-peer lending. As the alternative solution to financial technology based on the peer-to-peer lending service in Indonesia, the challenges of Islamic P2P lending are illegal fintech, intimidating debt collection the high level of the interest rate, and illegal personal data usage. Therefore the elements of Sharia Compliance Principle and the Obedience Principle are the alternative solutions in order to reinforce Sharia Fintech which will provide protection to the consumers. Furthermore, these principles are recommendations for the government in order to immediately complete satisfactory financial regulation and to develop competent and capable human resources in sharia or in Islamic Economics Law.

Keywords
Challenges, Sharia Fintech, Peer to Peer Lending, Alternative Solutions.

Topic
ASIAN Conference on Comparative Laws

Link: https://ifory.id/abstract/DTr9UkKCGxMj


The Conflict of Dual Position of Sultan in Yogyakarta Sultanate: Consitutional and Paugerans Views
Nanik Prasetyoningsih, Iwan Satriawan, Cut Imara Salbia, Fatkhania Hamdah F.

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Corresponding Author
Nanik Prasetyoningsih

Institutions
Faculty of Law, Universitas Muhammadiyah Yogyakarta

Abstract
Yogyakarta Sultanate is recognized by the 1945 Constitution as a special regional government unit. The leader of Special Region of Yogyakarta, Sri Sultan Hamengkubuwono X, has dual position, namely as the Governor as well as the King. The dual position of Sri Sultan Hamengkubuwono X has raised several classical problems, e.g. the term of office of the Governor, the establishment of the mechanism of the Sultan to be the Governor, accountability of the Governor, and the standard of carrying out daily tasks. This normative research examines the position of the Governor based on the 1945 Constitution of the Republic of Indonesia and the Paugeran of the Sultanate of Yogyakarta. The research shows that firstly, the dual position of Sultan had prompted conflict after the Constitutional Court decided that a woman can also be the Sultan of Yogyakarta, while the Paugeran of the Sultanate asserted that the Sultan must be a man. In addition, the Sultan tries to settle the issue of succession by declaring "Sabda Raja" (the Royal Proclamation) which given an opportunity to his daughter becomes the Sultan. However, the other family of Sultan rejects the idea of having a woman as the Sultan of Yogyakarta. Thirdly, the vacuum of internal disputes settlement mechanism in the Sultanate of Yogyakarta has made the issue of succession become unresolved until today since both conflicting parties do not yet meet the consensus on how to resolve the problems. The research recommends that the Sultanate Family of Yogyakarta needs to have a royal meeting which involves all families of the Sultanate to decide the problem

Keywords
conflict, Dual Position, Constitution, Paugeran of the Sultanate

Topic
ASIAN Conference on Comparative Laws

Link: https://ifory.id/abstract/bGnZX7HKmLUM


THE CONSTITUTIONAL COURT INTERPRETATION OF "INDIGENOUS BELIEF": AN ISLAMIC AND 1945 CONSTITUTION PERSPECTIVES
Muchammad Ichsan, Nanik Prasetyoningsih

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Corresponding Author
Muchammad Ichsan

Institutions
Universitas Muhammadiyah Yogyakarta

Abstract
This study aims to examine the Constitutional Court Decision Number 97/PUUXIV/2016. The Decision states that the provisions of Law No. 23 of 2006 Article 61 paragraph (1) and paragraph (2) and Article 64 paragraph (1) and paragraph (5) that are related to emptying the religious column in the Family Card (KK) and Electronic Identity Card (eKTP) is against the Constitution. For this purpose, this study was designed to be qualitative and uses normative legal research methods. This study found that the Constitutional Court Decision was not in line with the Islamic Sharia and 1945 Constitution because it had an impact on the recognition of aliran kepercayaan (indigenous faith) and penghayat kepercayaan (followers of indigenous faith) so that they had the same position as religion and followers of religions in Indonesia. This condition harms the society. According to the principle of sadd adzdzarai, something which is allowed must be closed or stopped if it is led to something that is prohibited. Therefore, writing a column: agama (religion) / aliran kepercayaan (indigenous faith) in the Family Card, and Electronic Identity Card is something that is permissible or may be abandoned because there is no order or prohibition on this matter according to religious views. However, if the writing leads or encourages people to develop aliran kepercayaan, because it has been recognized as the same as religion, then it must be prevented, prohibited and stopped. In addition, in terms of the 1945 Constitution, in the matter concerning restrictions on human rights relating to religion and aliran kepercayaan, more appropriate constitutional norms to refer to are the provisions of Article 28E paragraph (1) and paragraph (2) of the 1945 Constitution, where religion and aliran kepercayaan are arranged as two separate and distinct things.

Keywords
Religion, Aliran Kepercayaan, Decision of the Constitutional Court, Islamic Sharia, 1945 Constitution.

Topic
ASIAN Conference on Comparative Laws

Link: https://ifory.id/abstract/RV6grpmf2TZC


The Criminal Liability of Artificial Intelligence: Is It Plausible to Hitherto Indonesian Criminal System?
Rofi Aulia Rahman, Rizki Habibullah

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Corresponding Author
Amanda Amanda

Institutions
Asia University, Taiwan

Abstract
The pace of technology evolution is very fast. The technology has brought us to the limitless world and becoming our ally in every daily life. The technology has created a visionary autonomous agent that could surpass human capability with little or without human intervention, called by Artificial Intelligence (AI). In the implementation of AI in every area that could be in industrial, health, agriculture, artist, etc. Consequently, AI can damage individual or congregation life that are protected by criminal law. In the current Indonesian criminal system, it just acknowledge person and legal person (recht persoon) as the subject of law that can be imposed by criminal sanction. Hitherto and near forseeable future AI has notable role in every aspect, which affect also criminal aspect due to the damage resulted. AI has no sufficient legal status to be explained in Indonesian criminal system. In this paper, the author will assess whether the current criminal system of Indonesia can sue the criminal liability of artificial intelligence, and also will make it clear to whom the possibility of criminal liability of artificial intelligence shall be charged.

Keywords
Artificial Intelligence, Criminal Liability, Indonesian Criminal System

Topic
ASIAN Conference on Comparative Laws

Link: https://ifory.id/abstract/drecaPLxEQtG


THE DISRUPTIVE INNOVATION IN COMPETITION LAW: THE STUDY OF ONLINE TRANSPORTATION BUSINESS
(1)Mukti Fajar ND(2)Reni Budi Setianingrum

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Corresponding Author
Reni Budi Setianingrum

Institutions
Faculty of Law Universitas Muhammadiyah Yogyakarta

Abstract
The rapid development of digital technology encourages businesses to innovate their products and services. But these business innovations often create an unexpected leap leading to Disruptive Innovation, for example, the growth of online transportation business. As a result, the existing regulation cannot reach this leap. This study aims to study: (1) the legal position of Disruptive Innovation in competition law; and (2) analyzing the status of application-based transportation in competition law. The method of this research is normative legal research, which examines various legal principles, legal theories, and legislation. Findings from this study are, first: Disruptive Innovation indeed creates chaos in business competition, but as long as it does not violate regulation about (1) activities that are prohibited; (2) agreements that are prohibited; and (3) abuse of dominant position and run fairly, obey the law and doesn-t inhibit the entry of competitors, it does not violate the competition law. Second, application-based transportation business raises new problems concerning with the regulation that must be applied. Though the business platform is completely different from conventional transport companies, this new business platform does not violate business competition law.

Keywords
Disruptive Innovation; Competition Law; Online transportation

Topic
ASIAN Conference on Comparative Laws

Link: https://ifory.id/abstract/m7bEexJNn6wh


THE IMPLEMENTATION OF THE PATIENT-S PRIVACY REGULATIONS IN THE PEOPLES REPUBLIC OF CHINA
Falah Al Ghozali and Try Hardyanthi

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Corresponding Author
Amanda Amanda

Institutions
Asia University, Taiwan

Abstract
Officials from the Chinese Ministry of Health have called for more attention to the protection of the rights to privacy of HIV/AIDS patients, following a court ruling that a hospital damaged a patients reputation by releasing false HIV-related information about the patient. The Xinzhou Intermediate Peoples Court of Shanxi Province rejected the appeal of the Xinzhou Prefectural Peoples Hospital against the original ruling by a district court, in the country-s first such case. The rights to privacy seems to be an issue in China, and it is actually a big deal which needs to discuss, especially in the medical matters since basically, the state has set the law regarding its citizens privacy. Illegal access to personal information, illegal providing personal information to others and personal decision interference, all belong to the infringement of Personal Privacy Act. The rules and regulations on the privacy rights regulated in their Constitution since the 1980s, however it was not implemented maximally due to the power of government and general reluctance in the past to litigate. By using a descriptive-qualitative method, the study will describe the implementation of the patients privacy regulations in the Peoples Republic of China. Moreover, the study shows that the right to privacy for the patients in China needs to get more attention for both government and ruling groups.

Keywords
Medical Act, Patient-s Privacy Regulations, Patients Rights, Peoples Republic of China

Topic
ASIAN Conference on Comparative Laws

Link: https://ifory.id/abstract/T6ArZawKPgfJ


THE INFLUENCE OF INTERNATIONAL TAX POLICY ON THE INDONESIAN TAX LAW
Putri Anggia

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Corresponding Author
Putri Anggia

Institutions
Universitas Muhammadiyah Yogyakarta

Abstract
By virtue of the Law Number 9 of 2017 the government may access the financial information of the bank customer which is necessary for taxation purpose. This is in line with the international agreement on taxation which requires the participants to implement the Automatic Exchange of Financial Account Information (AEOAI). Banks have to adapt this new policy and make several changes in their services which potentially affect the bank customers. This paper tries to analyze this issue from academic point of view. Data collected through library research are analyzed using qualitative method. It is found that the adoption of the international tax policy brings about serious implication on the theory of banking secret which is significant for developing academic knowledge.

Keywords
automatic exchange information, bank secret theory, international tax law

Topic
ASIAN Conference on Comparative Laws

Link: https://ifory.id/abstract/ymaWVzkvEJBF


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