Indonesia Conference Directory

Corresponding Author
Sulardi Sulardi

Institutions
Facuty of Law, University of Muhammadiyah Malang

Abstract
Political party is an urgent asset for democracy, since it has greatly strategic functions and roles in establishing democracy in a country. Henceforth, the existence of political parties is a necessity in a democratic country. To build democracy and democratization, it is the party itself that should first apply the democratization. Up to now, Indonesia is still processing and finding an ideal form towards a democratic life (democratization) as stated in the Constitution. Certainly “the process towards” democracy should be implemented in all aspects, including the internal democracy in the political party. Democratization in political party has not worked well, since it is found out that in some political parties, the appointment of their leaders is still influenced by the founding fathers or based on the family system even, some schisms occur when the parties choose their chairs. Building democracy starts from democratization in a political party through the determination of its chair. The selection may be conducted democratically if a regulation has been prepared since the beginning as an assurance of a democratic election of its head. No “family characteristics” in a political party exactly may result in the construction of a political party dynasty. Certainly, the tenure limitation of a head of a political party would produce a culture of giving an open responsibility that his political party programs are successful or not.

Keywords
democratization, political party, chair

Topic
Constitutional Law

Link: https://ifory.id/abstract/wVzkJDL86mZy

Corresponding Author
IDHAM MARTINA MALE

Institutions
Sang Bumi Ruwa Jurai University

Abstract
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 is needed in the form of a code of ethics in the public sectors, where every state and government sector always has rules and guidelines for the organization and work procedures that are internal, such as those conducted by the Election Organizers Honor Board (DKPP). Pancasila and the 1945 Constitution as well as sources of constitutional law are also seen as a source of ethics for the organizers of simultaneous elections in 2019, and based on this basis it is expected to improve the negative code of ethics system into a positive code of ethics in every election organizer in Indonesia. The purpose of this study is to provide an understanding of the electoral code of ethics system in Indonesia. This research is normative legal research, with secondary data as the main data. The research method used is literature study, by examining secondary data collected. The results of this study are Pancasila and the 1945 Constitution are seen as a source of ethics for the organizers of simultaneous elections in 2019 which can improve the electoral code of ethics system by making the ideas, principles and values contained in the points of the Pancasila formula and the 1945 Constitution as a reference.

Keywords
Law, code of ethics, KPU, DKPP

Topic
Constitutional Law

Link: https://ifory.id/abstract/jEaVfDqJ4ZtW

Corresponding Author
H. Abustan

Institutions
Jakarta Islamic University

Abstract
Indonesia is a state law that has become an important postulate contained in the constitutional text of the Constitution 1945 of the Republic of Indonesia. That means that Indonesia is committed to state law as an idealized ideology that should always be pursued and / or consistently enforced. This confirms that Indonesia wants law as commander or front guard in solving all problems of life in society, nation and state. Therefore, the position of the constitution in a state law is not only confirms its existence as the basis of the state, but also legitimize the constitution as the highest law strata. Even more than that, the constitution guarantees the rights of citizens, including fulfillment and/or implementation of democratic rights of every citizen. Therefore, normatively Indonesia has a strong fundamental commitment and consensus to develop a state law. That is why the term state law is then "put in" in the Indonesian constitution: as stipulated in Article 1 paragraph 3 of the Constitution 1945 of the Republic of Indonesia which reads "The State of Indonesia is a State Law." After barely practicing for thirty-two years during the authoritarian New Order government, the concept of the "constitutional law" is reiterated in which the constitution was the result of political, economic, social and cultural conditions when the constitution is constructed. The need to realize the constitutional mandate is certainly inseparable from the absence of democratic government efforts in the New Order era. The need for Constitution existence is getting bigger after the post-reformation has taken place over two decades. Thus, as a country that had practiced absolute power for more than three decades and the last two decades has developed a system with strong oversight of the implementation of power based on constitutional ideas, it is an effort to prevent the distributed power from becoming absolutism. It is because, in essence, the function of the constitution is to limit the power of the government in order to realize democratic governance.

Keywords
Constitution, State of Law, Democratization

Topic
Constitutional Law

Link: https://ifory.id/abstract/TaAPqL4QRwcv

Corresponding Author
ELLI RUSLINA

Institutions
a) Pasundan University
Jalan Lengkong Besar No 68, Bandung, West Java, Indonesia
*elli.ruslina[at]unpas.ac.id
b) Faculty of Law

Abstract
The imperative of economic democracy mandated by the constitution through Article 33 of the 1945 Constitution, the reality is not a legal foundations to economic activities appreciation, but even shifts to a free-market economy (laissez-faire). This is confirmed in the constitution "permanent position" of Article 33 of the 1945 Constitution which relies on the notion of "mutualim and brotherhood" and Article II of the Transitional Rules of the 1945 Constitution which are temporary. Regulations that are still valid based on transitional provisions in temporary positions should be replaced by Article 33 of the 1945 Constitution, because this article is a manifestation of Indonesian Economic Nationalism, which is the determination of independence to replace the colonial principle (individual principle) into the national principle. The retention of the individual principle is a legal reason and at the same time a legal source that is easily dictated by economic forces from outside based on individual principles. The aim of this paper is 1) to analyze how the understanding of cooperative principles (cooperation based on mutualism) is manifested as the legal basis on the thought of economic democracy, 2) To analyze how the implementation of Article 33 of the 1945 Constitution into Indonesian economic law tends to lead to free competition. The approach used is normative juridical and descriptive analysis type. The conclusions of economic democracy are contained in the Explanation of Article 33 of the 1945 Constitution; and cooperative principles based on mutualism are not legal fundamental for economic democracy.

Keywords
Cooperative, Cooperation, Kinship, Democracy, Economy

Topic
Constitutional Law

Link: https://ifory.id/abstract/yrujWPR8GdpA

Corresponding Author
Asri Agustiwi

Institutions
(a) Faculty of Law Sebelas Maret University, 57126, Surakarta, Indonesia
(b) Student of Law Science Doctoral Program Sebelas Maret University, 57126, Surakarta, Indonesia, and Lecturer at Faculty of Law Surakarta University: 57771, Karanganyar, Indonesia,
*tiwiasri26[at]gmail.com

Abstract
This research discussed to know the inhibitory factors of the local regulation cancellation system (Perda) in Indonesia. Local regulation test which led to the cancellation or otherwise occurred or whether a regional regulation which is tested through the Supreme Court (Judicial Reviewer), still has a problem quite complex, because the previous cancellation local regulation many Conducted by the Ministry of Interior of the Republic of Indonesia (Eksecutif Reviewer) more than in the Supreme Court. To be a new problem for the testing system in the Supreme Court because the existing testing system still lacks in its testing in particular test local regulation at this time, considering the issuance of Constitutional Court decree No. 56/PTU/MK. In the authority of the cancellation of local regulations (Perda) in Indonesia is returned to the Supreme Court. Thus the obstacles that occur such as legislation that in Indonesia need to be related to the test system of formyl and materiyl, the obstacles that occur also associated with the problem of regional development, investment and local regulation supervision.

Keywords
Cancellation System, Local Regulation

Topic
Constitutional Law

Link: https://ifory.id/abstract/P4LVbZy2tpxd

Corresponding Author
Sholahuddin Al Fatih

Institutions
University of Muhammadiyah Malang

Abstract
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 halalness of a product. Meanwhile, the government is obliged to provide halal certification of a product. Some time ago, an issue emerged about the circulation of non-halal food from outside ASEAN in the form of instant noodles. In fact, some processed products from several ASEAN countries also do not have halal certification, even though these products are distributed in Muslim-majority countries. Based on these conditions, in this paper we will discuss in depth two issues, namely: (1) the problem of the distribution of non-halal food in ASEAN; and (2) legal protection of countries in the ASEAN region for halal certification of food for their citizens

Keywords
South East Asia, Halal Food, Legal Protection

Topic
Constitutional Law

Link: https://ifory.id/abstract/ThPZ7zrqLHc3

Corresponding Author
Edi Prasetyo Prasetyo

Institutions
Faculty of Law, Borobudur University
Jalan Raya Kalimalang No.1 Jakarta Timur

Abstract
This paper discusses the certainty of legal protection for doctors who treat patients with emergency cases are reviewed from human rights and medical Practice in Law No. 29 year 2004. Informed consent is absolutely given and is requested for approval before medical action is conducted by the physician to the patient as stipulated in article 45 Law No. 29 year 2004 on medical practice. The issue raised in this paper about whether there is an exception Informed consent is not given at the beginning of the treatment of emergency patients in accordance with Indonesian legislation and to know the obligations of Informed consent for emergency patient handlers and the legal aspects incurred when they were not conducted. This paper uses the normative method due to conflict of norms, Informed consent as an absolute condition that is difficult to apply for emergency patient handling. Informed consent can be excluded for the handling of emergency patients as stipulated in the Law of Health Ministry A which is an explanation of article 45 and article 52 letter a Law No. 29 year 2004 on medical practice but hierarchically Law of Healt Ministry should not contradict the regulation of the law above which is medical practice law, so that it is necessary to do the reconstruction so that there is a legal certainty for doctors in the handling of emergency cases. In addition, doctors also have legal protection rights reviewed from the perspective of human rights because if all procedures and administrations are in accordance with the standards but still can be charged because it is still not complete explanation and details in the article of medical practice Law No. 29 year 2004.

Keywords
Informed consent, emergency handling, Law of medical practice, Law of Health Ministry, human rights

Topic
Constitutional Law

Link: https://ifory.id/abstract/H7w3qnzpamXG

Corresponding Author
DWI PUTRI SARTIKA ALAMSYAH

Institutions
Faculty of law University of August 17,1945

Abstract
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, there are still weaknesses in village regarding recognition. Based on this weakness, in 2014, Law No. 6 of 2014 was enacted, namely the Village Law which has been running for 5 years until now.in the realization of the implementation of the Village Law there are many problems in the application of authority in the village community. To overcome these problems, it is necessary to have the role of the village as a sector amplifier to support the village law. these roles include village officials, sub-districts, DPMD and organizations.Therefore, to support the implementation of the village law not only strengthen the village but also strengthen several sectors that can support the village to run its authority.

Keywords
village recognition,village law ,Implementation.

Topic
Constitutional Law

Link: https://ifory.id/abstract/4Fbpg2xTZRhy

Corresponding Author
Muhammad Zulhidayat

Institutions
Muhammadiyah University of Tangerang

Abstract
Democracy and Implementation of general elections (elections) are two sides of a coin that are closely related. In 2019, a new history began in the General Election, along with the Indonesian Constitutional Court Ruling number 14 / PUU-XI / 2013 in the case of testing Law Number 42 of 2008 concerning General Elections stating that the Election of Members of the House of Representatives (DPR), Regional Representative Board (DPD) and Regional House of Representatives (DPRD), and the election of the President and Vice-President (Pilpres) must be held simultaneously, not separate as practiced so far. However, after the simultaneous elections were held, many casualties from the Voting Group Organizers (KPPS), Election Supervisory Committee (Panwaslu), and members of the Indonesian Police. Based on temporary data from Ministry, the number of election organizers who died amounted to 527 people and the number of victims was 11.239 people. This is an irony fact, elections which should be a place to determine political rights for the people, actually cause many casualties. The problems in this paper is, How is the legal construction of simultaneous elections in 2019 in Indonesia linked with the norms in the Indonesia Contitution in 1945 ? The method used in this paper is normative juridical with a descriptive analysis approach. The results expected in this paper is that simultaneous elections of 2019 need to be reevaluated. For this reason, we hope the government and House of Representatives (DPR) to immediately formulate a special regulation on simultaneous elections, with the aim of creating legal certanty. This can be done by judicial review or in a higher direction, like the fifth amandement to the Indonesian contitution in 1945.

Keywords
Democracy, Simultaneous Elections, Indonesian Constitutional Court Ruling

Topic
Constitutional Law

Link: https://ifory.id/abstract/cTepmkXGH7ZB

Corresponding Author
Ibnu Sina Chandranegara

Institutions
Fakultas Hukum Universitas Muhammadiyah Jakarta

Abstract
Constitutional Reform after fall of Soeharto-s New Order bring new direction for judiciary. Constitutional guarantee of judicial independence as regulated in Article 24 paragraph (1) of the 1945 Constitution, closing the door of dark memories in the past. In addition, in Article 24 paragraph (2) of the 1945 Constitution decide the Judiciary is held by the Supreme Court and the judicial bodies below it and a Constitutional Court. Such a strict direction of regulation plus the transformation of the political system in a democratic direction should bring about the implementation of independent and autonomous judicial powers. But in reality, even though in a democratic political constellation and constitutional arrangement that affirms the guarantee of independence of independence, in reality it does not represent the actual situation. There some problem which still remains, such as (i) the absence of a permanent format regarding the institutional relationship between the Supreme Court, the Constitutional Court and Judicial Commission, and (ii) still many efforts to weaken judiciary through many way such capturing judge. Referring to problem above, then there are gaps between what “is” and what “ought”, among others, First, by changes political configuration that tend to be more democratic, the judiciary should will be more autonomous. But in reality, various problems arise such as (i) disharmony in regulating the pattern of relations between judicial power actors, (ii) various attempts to criminalization judges over their decisions, (iii) judicial corruption. Second, by constitutional guarantee of independence of judiciary, there will be no legislation which reduced constitutional guarantee. But in reality, many legislation or regulations that still not in line with constitutional guarantee concerning judicial independence. This paper reviews and describes in depth about how to pour out and implement constitutional guarantees of judicial independence after the political transition and conceptualize its order to strengthening rule of law in Indonesia

Keywords
Judicial Accountability, Judicial Reform, Political Transition

Topic
Constitutional Law

Link: https://ifory.id/abstract/JU7Rr6ygWBQe

Corresponding Author
Kamal Fahmi Kurnia

Institutions
Faculty of Law, Universitas Sang Bumi Ruwa Jurai.
Jln Imam Bonjol, No. 468, Langkapura, Bandar Lampung.
kamal.fahmi1405[at]gmail.com.

Abstract
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 aims to examine the interpretation of the authority through a literature study method with a normative juridical approach. The results of this study explain that Article 24C paragraph (1) of the 1945 Constitution of the Republic of Indonesia is the constitutional basis for the Constitutional Court in the authority to decide disputes about the results of general elections. On Normative perspective, it can be said that the authority possessed by the Constitutional Court is only in the case of disputes that occur between participants in general elections in the case of the results of general elections authorized by the General Election Commission. When interpreted with a comprehensive approach, the Constitutional Court as the guardian of the constitution and the guardian of democracy, the authority to decide disputes on the results of the general election cannot be interpreted only speaks of disputes over results but the Constitutional Court can examine the electoral process if fraud occurs structured, systematic and massive. So, the Constitutional Court is not only a Court Calculator that only calculates the results of general elections, but more than that as the guardian of the constitution and democracy in Indonesia.

Keywords
constitutional court; general election; democracy.

Topic
Constitutional Law

Link: https://ifory.id/abstract/ne2VCTq3PGAK

Corresponding Author
Zulwisman Zulwisman

Institutions
Universitas Riau

Abstract
Prerogative rights are rights owned by a head of government orstate without any intervention from any party in using these rights. Therefore, the prerogative is said to be the privilege or exclusive right of a head of state in carrying out his state duties. Some opinions say that the term prerogative does not exist and that there is only the power of the president as head of state. However, it is interesting what was conveyed by Mahfud MD, who stated, "Whether or not there is a prerogative in the constitution is not a problem, it depends on how to interpret the prerogative. Because prerogative right exists if the president has the right to do something without asking for the approval of another person or institution ". As with the conceptofprerogativeright stated above, the president does not need to first consult with other state institutions, because this right is a right granted by the constitution to the president in carrying out the wheels of government. The Presidents Prerogative Rights can be classified into four terms, including executive and political administration authority, legislative authority, judicial authority, and diplomatic authority. Yet, in its implementation, the presidents prerogative rights are not well established, the presidents freedom in policymaking is found to be the intervention of political parties and the approval of people with their figures or other institutions, particularly in terms of the presidents prerogative rights in the election, appointment and dismissal of the Minister in the context of executive and political administration authority, as well as legislative authority. With the above rationale so as to attract writers to conduct research with the title " Measuring The Implementation Of Prerogative Rights Of The President In The Multiparty System And The Viewpoint Of The Presidential Government System In Indonesia" with the following problem formulation. First, how the Presidents prerogative rights are regulated in Indonesian laws and regulations. Second, what are the forms of influence and intervention of political parties in the implementation of the Presidents prerogative in the administration of the State. Third, what kind of efforts are made to strengthen the Presidents prerogative in organizing the country. The research method used in the discussion of this paper, the authors use the main approach that is juridical normative (legal research), with writing data sources obtained from the literature with the type of data in the form of primary data and secondary data

Keywords
Prerogative; Multiparty; Presidential Rights

Topic
Constitutional Law

Link: https://ifory.id/abstract/H2vCkaY7GBFg

Corresponding Author
Emilda Firdaus

Institutions
Faculty of Law, University of Riau

Abstract
Speaking about the existence of Riau Malay custom refers to the identity of the Malays themselves, namely: Islamic religion, Malay customs, Malay language will include strengths, weaknesses, opportunities / opportunities and challenges / threats as a process of cultural transformation that is taking place today, and of course it is necessary to take into account the possibilities that will occur in the future. Through these calculations, the existence of customs and culture of Malay Riau will be able to estimate its shape, role, function, variations, and so on. The power of customs and Riau Malay Culture (BMR) can be referred to the existence of community efforts to continue to study and present it both locally, regionally, nationally and internationally. One element of Malay culture, Riau Malay, is always used as a reference to standardize the National Languages in Indonesia, Malaysia, Brunei. Likewise, studies on customs, arts, and Malay literature continue to be carried out, although in frequency, the intensity still needs to be improved but the results can benefit the existence of Riau Malay Culture. The Adat Institution as an association of traditional Malay Malay leaders and leaders has been established since June 6, 1970 and still runs the program. As for the problem formulation in this research is How is the Optimization of the Role of Riau Malay Customary Institutions to realize Pekanbaru City as a child-friendly city, What are the inhibiting factors for optimizing the role of the Riau Malay Customary Institution to realize Pekanbaru City as a child-friendly city, What is the ideal shape for the future optimization of the Malay Customary Institutions role Riau realizes Pekanbaru City as a child-friendly city, with a type of sociological juridical research with an emphasis on field research. The sociological juridical approach is carried out because the problem under study revolves around how the application of law in society. The purpose of this study, to determine To find out the optimization of the role of the Riau Malay Customary Institution to realize Pekanbaru City as a child-friendly city. To find out the inhibiting factors for the optimization of the role of the Riau Malay Customary Institution to realize the City of Pekanbaru as a child-friendly city. realizing the city of Pekanbaru as a city worthy of children. by conducting interviews with related parties, namely the Pekanbaru City LAMR, the Government, the Pekanbaru City DPRD, the City Planning and Development Agency, P2TP2A, companies, womens organizations, and the people of Pekanbaru City. The results of this study are in the form of optimizing the role of the Riau Malay Customary Institution to realize Pekanbaru City as a child-friendly city through strengthening the functions and tasks of the Pekanbaru City LAMR. human, budget factors, community habitual factors, and ideal shape in the future. Optimizing the role of the Riau Malay Customary Institution in realizing Pek

Keywords
Optimization, Role, LAMR Pekanbaru, Child Friendly City

Topic
Constitutional Law

Link: https://ifory.id/abstract/L3GpeuHWgnDT

Corresponding Author
Zainul Akmal

Institutions
Fakultas Hukum Universitas Riau

Abstract
The more perfect the state of Indonesia, the more needs to be solved. People who believe in the socio-political economic life, mostly think of Pancasila as an ideology of the state and consider it wrong. Therefore, it must first be considered about the feasibility of Pancasila as the ideology of the Republic of Indonesia so that there is no duping in politics and violating human rights can be removed. Second, the right method needs to be used to maintain the ideology of Pancasila as the basis of the state, so that the purpose of statehood can be achieved. This study uses data collection methods with library study instruments. The data used is secondary data that contains books and journals that are presented in a descriptive and logical form. Values that are noble and universally applicable are worthy of making Pancasila still viable to become the state ideology and the basis of the state. Humans by their nature to be knowledgeable and always seek the truth, need a rational argumentation method to ask for Pancasila as the Ideology and the basis of the country, and introduce it to present and future generations.

Keywords
Pancasila Ideology, Constitution & rational argumentation

Topic
Constitutional Law

Link: https://ifory.id/abstract/3mbrdF7WCQD8

Corresponding Author
Catur Wido Haruni

Institutions
University of Muhammadiyah Malang, Univeristy of Jember

Abstract
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 are elected through elections and DPD members from each province consist of the same number that is four members, this shows the same provisions without considering the territorial territory and the population of each province. In UUD NRI Article 22 D Year 1945, the regional representative council does not hold any power to form a law. The regional representative council can only submit a draft law to the regional representative council, thus they are unable to make a final political decision. The limited authority of the legislative function of DPD has become a necessity for its reconstruction. Legally, the improvement of this legislation can be done by regularly developing the UUD NRI Year 1945. This is to avoid the implementation of the function of the regional representative council, which does not reflect the spirit of democracy and as one of the mandates of popular sovereignty.

Keywords
Proportionality, The Regional Representative Council, Legislative Function.

Topic
Constitutional Law

Link: https://ifory.id/abstract/2gT6M7wxpJDB

Corresponding Author
Dodi Haryono

Institutions
Fakultas Hukum Universitas Riau
Jln. Pattimura No. 9 Pekanbaru-Riau
Phone : (0761) 22539
Fax : (0761) 21695

Abstract
One of the crucial SDGs goals is to strengthen an inclusive and peaceful society for sustainable development, provide access to justice for all, and build effective, accountable, and inclusive institutions at all levels. In Indonesia, the goal of the SDGs is to become one of the National Medium­Term Development Plan of 2015-2019 (RPJMN) targets that is to the realization of respect, protection, and fulfillment of human rights. The fulfillment of human right is shown by the increased handling of complaints of human rights violations. This paper explains the importance of protecting the rights of indigenous peoples as part of fulfilling SDGs- demands in the human rights sector, especially through the constitutional review (review act against the constitution) by the Constitutional Court. However, regulations related to SDGs in Indonesia have not provided a clear place for the Constitutional Court through constitutional review to take an active role in realizing SDGs. Likewise, several violations of the rights of indigenous peoples which have been resolved through constitutional review, various obstacles are still found related to the implementation of the Constitutional Courts decisions regarding this matter. Therefore, this paper recommends that constitutional review should be used as a juridical instrument to achieve the goals and objectives of the SDGs. Also, the Constitutional Courts decisions need to be used as a reference in harmonizing the laws and regulations in Indonesia, particularly related to protecting the rights of indigenous peoples, as part of efforts to realize SDGs in Indonesia.

Keywords
Indigenous Peoples Rights, Constitutional Review, Suistainable Development Goals

Topic
Constitutional Law

Link: https://ifory.id/abstract/dJNt9QraFM3P

Corresponding Author
Junaidi Junaidi

Institutions
University of Riau

Abstract
Political parties as pillars of democracy need to be organized and refined to realize a democratic political system, especially to realize good governance, both at the center and in the regions. This paper seeks to examine the relationship between the function of recruitment / regeneration of political parties with the phenomenon of the minimal number of pairs of regional head candidates that occur in several regions in Indonesia. In practice political parties have not optimally carried out the recruitment / regeneration function, this has been seen in the implementation of the local elections so far. There are at least two things that are the reasons; first, political parties still tend to recruit candidates who are not members of the political parties. Secondly, the emergence of regions that hold regional elections is only followed by one pair of candidates and also supported by many political parties.

Keywords
political,party, democracy

Topic
Constitutional Law

Link: https://ifory.id/abstract/4m7urMBKTYQ6

Corresponding Author
BUDIARSIH BUDIARSIH

Institutions
Faculty Of LawUniversity Of August 17, 1945

Abstract
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 prostituted women who have HIV -AIDS and from the aspect of human rights and also the implementation of a ban on discrimination against people with HIV-AIDS, especially in the health sector. HIV / AIDS itself has national and international safeguards as outlined in the form of laws and regulations, or international conventions related to access to health for people with HIV / AIDS. The method used in this research is data collection methods and empirical normative. The results of research that it can be concluded that the position of people with HIV / AIDS who are human beings who have the right should have the protection of human rights, real health service guarantees from the government, access to proper health and the feasibility of getting work and life that should be the right of HIV / AIDS, not just a series of regulatory writings without real action

Keywords
regulation, health access, people with HIV-AIDS disease

Topic
Constitutional Law

Link: https://ifory.id/abstract/NqbGFuaj2LXx

Corresponding Author
Amiludin Amiludin

Institutions
Universitas Muhammadiyah Tangerang

Abstract
RIGHTS OF COUNTRY: The Concept of Coastal Water Concession Rights in Indonesia Ahmad, Amiludin dan Nizla Rohaya Dosen Fakultas Hukum Universitas Muhammadiyah Tangerang Email: ahmadfh@umt.ac.id amiludin@umt.ac.id, Nizla.rohaya@gmail.com Abstract The existence of plotting in the form of management of coastal areas and small islands to be used as private ownership and close ownership by individuals, legal entities or certain communities by granting concession rights to coastal waters (HP-3) can eliminate the meaning of state ownership rights. The overlapping of HP-3 granting as an object of licensing by the sector / agency in the forestry sector through the use of mangrove forests, aquatic fauna / flora and the use of environmental services in mangrove forests, mining through the use of sand as a coastal and mineral resource in the sea and the tourism sector by developing coastal tourism is a constitutional issue in Law No. 27 of 2007 concerning the management of coastal areas and small islands as the decision of the Constitutional Court No. 03 / PUU / VIII / 2010 because it eliminates guarantees, protection and legal certainty for citizens, communities such as fishermen and coastal residents. As for the problems in this study, how the right to control the state in granting HP-3 permission and how the concept of concession rights in coastal waters in Indonesia. The method used in this study is juridically normative with a descriptive analysis approach. The expected results are the realization of the concept of state control as it has become a fixed jurisprudence verdict The constitutional court is interpreted as a state not having but state control covering the state formulating policies (regulating), managing (bestuurdaad), managing (regelendaad), and conduct supervision (toezichthoudendaad) to realize the prosperity of the people. Concession rights of coastal waters are coastal waters and small islands, there are individual rights, customary community rights and the rights of traditional fishing communities, business entity rights, or other community rights and the enactment of local wisdom values so that HP-3 is given through the licensing mechanism not giving rights.

Keywords
Keywords: Constitutionality, Rights Of Country and Coastal Water Concession Rights.

Topic
Constitutional Law

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

Corresponding Author
Siti Hasanah

Institutions
Faculty of Law Muhammadiyah Mataram University

Abstract
The transfer of popular sovereignty to leaders or representatives of the people through election can actually takes place democratically. The actualization of the electoral principles as a whole in the process of electionis a determinant of whether an election in a country is established democratically or not. The portrait of the simultaneous election in 2019 which is full of cheating has spearheaded the face of Indonesian democracy. This phenomenon is an impact of theshifting in thebasis of democratic particularity in Indonesia after the amendments of UUD 1945. Deliberation and representation arethe democratic particularity basisin Indonesia. This system was adopted by the nations founding fathers from the system of choosing leaders in Islam, which was established in the state constitution of UUD 1945. After the amendment of UUD1945 in the Reformation Era,this system has been displaced by a system of liberal democracy practiced through a direct election system, resulting in disharmony in democratic practices on thebasis of democratic particularity in the Reformation Era. Restoring the basis of democratic particularityin Indonesia through amendmentof UUD 1945 is a solution for this problem. This research uses descriptive qualitative method and literature study of secondary data from several collection.

Keywords
Keyword: Shifting, Basis of Democratic Particularity, Amendment of UUD 1945

Topic
Constitutional Law

Link: https://ifory.id/abstract/N7XBAUaEyPdV

Corresponding Author
Heni Marline

Institutions
UNIVERSITAS MUHAMMADIYAH PALEMBANG

Abstract
ABSTRACT When democracy was raised both in theory and in the practice of state administration since the seventeenth century almost all opinions agreed that the state was established to guarantee the interests of the people. One of the main pillars in the administration of a countrys government is the formation of regional regulations, from the authors observation that around 150 laws were produced by the DPR for the period 1999-2004. The findings can be summarized as follows: 1. Democracy in Indonesia during the revormation order has not yet run smoothly, this can be seen from the lack of community participation in the process of establishing regional regulations, if the regional regulations are promulgated, many things have not touched the interests of the people. 2. Local regulations are often made unrealistically and only determine the executive, so that the interests of the people are underestimated. 3. Lack of socialization to the public regarding local regulations compiled by the DPRD, as well as local governments so that when the regional regulations are issued many people do not know and do not understand.

Keywords
democracy, country

Topic
Constitutional Law

Link: https://ifory.id/abstract/We4vXDrYf7RF

Corresponding Author
M Jeffri Arlinandes Chandra

Institutions
a. law study program,Faculty of law, social sciences and political science, Open University, : Jl. Cabe Raya, Pondok Cabe Pamulang,Tangerang Selatan,Banten, Indonesia
*jeffrychandraarlinandes[at]gmail.com
b. law study program,Faculty of law, social sciences and political science, Open University, : Jl. Cabe Raya, Pondok Cabe Pamulang,Tangerang Selatan,Banten, Indonesia
*purwaningdyah[at]ecampus.ut.ac.id
c. law study program,Faculty of law, social sciences and political science, Open University, : Jl. Cabe Raya, Pondok Cabe Pamulang,Tangerang Selatan,Banten, Indonesia
*yenisanti16[at]gmail.com

Abstract
The concept of the state of law or often referred to Reachstaat, the rule of law or etat de droit is a concept of the state that prioritizes law as the basis for carrying out an action taken by the state. Based on the state of laws principle, namely that the Government is organized according to the law, in carrying out a government it must refer to the laws and regulations that serve as guidelines for the organization of a country based on the wishes of the people. The types of laws and regulations are contained in Law Number 12 of 2011 concerning the Establishment of Legislation. The product of legislation is made by the executive institution, namely Government Acts / Regulations Substitute the Law; Government regulations; Presidential decree; Regulations of the Supreme Audit Agency, Bank Indonesia, Ministers, agencies, institutions or commissions established by the Act or the Government at the behest of the Law that all must be harmonized and synchronized so that the good legislation can be formed. The research method that will be used in this study is a combination of normative research supported by empirical data on field research. Synchronization and harmonization (preview) are currently only carried out in a number of draft laws and regulations, for example the draft Initiative Law from the Government, draft Government Regulation (PP) and draft Presidential Regulation (PERPRES) carried out by the Ministry of Law and Human Rights through the directorate general of legislation, while there are still many legislative products from legislatures that are not harmonized, such as legislation in accordance with article 8 paragraph (1), namely regulations on agencies, institutions, ministries, and others. So all products of legislation made by the executive and legislative institutions must be harmonized in advance so that every legislation does not collide with each other

Keywords
Harmonization, Synchronization, Study, Executive

Topic
Constitutional Law

Link: https://ifory.id/abstract/3dahbY2JzGjK

Corresponding Author
SISKA DIANA SARI

Institutions
a. Universitas PGRI Madiun, Jl. Setia Budi No. 85,Kanigoro, Kartoharjo, Kota Madiun, Jawa Timur, Indonesia
*siskadianasari[at]ymail.com
b. Fakultas Hukum, Universitas Sebelas Maret Surakarta, Jl. Ir. Sutami No. 36A, Kentingan, Jebres, Surakarta, Jawa Tengah, Indonesia

Abstract
The objectives of research were to find out and to analyze the implementation of law protection model for esthetic beauty clinic-s patients in citizen-s constitutional right protection perspective. This study was a Socio Legal Studies research. Data analysis was conducted using a qualitative method, i.e. analyzing data based on systematic understanding and processing of data obtained from legislation inventorying, and results of field observation, interview and library research and using policy implementation theory perspective of Grindle-s. The result of research showed the implementation of legal protection model to aesthetic clinic-s patients viewed from the protection of citizen-s constitutional right perspective today indicating that implementation content, and drug and executor regulations are still less completed and need improvement. Viewed from the Context of Implementation, the structure factor, in this case Ministry of Health and Local Government, as leading sector in esthetic beauty clinic service responded to the violation less sensitively and many esthetic beauty clinics employ executing officers and use medicines and dangerous chemicals inconsistently with the specified guideline. Regulation and Supervision conducted by Ministry of Health, Local Government, and Law Enforcer have not run optimally and maximally yet. IDI played very limited role, and patients had poor understanding on their right and law protection.. As a regulator, the government is recommended to govern the right and the law protection of beauty clinic-s patients in more detailed; structural reform should be conducted in relation to its implementation; education should be given to the people about healthy and safe cosmetics, and about consumptive culture to prevent them from being the victim of beauty clinics that break the law.

Keywords
Law Protection, Patient, Esthetic Beauty Clinic, Citizens Constitutional Right

Topic
Constitutional Law

Link: https://ifory.id/abstract/vxFHzZEnr7qt

Corresponding Author
Mexsasai Indra Indra

Institutions
UNRI

Abstract
In the context of regional recognition of the existence of adat villages as a mandate from the provisions of Article 101 of Law No. 6 of 2014 on the Village, what is done by the Government of Rokan Hulu Regency is something that should be appreciated, but the problem is how far the implementation of the Rokan Hulu District Government Bylaw No. 1 of 2015, the Implementation of Rokan Hulu District Regulation No. 1 of 2015 on the Determination of Indigenous Villages and Villages has not been implemented properly. Starting from the background above, the main problem in this study can be formulated. How is the Implementation of Rokan Hulu District Regulation No. 1 of 2015 concerning the Establishment of Villages and Customary Villages? To collect data, researchers conducted a library study (library research) and a field study (field research). Literature studies are carried out in several libraries to collect secondary data in the form of primary law such as laws, secondary legal materials such as law books and tertiary legal materials such as legal journals and magazines, all of which function as first-line information. In the field study, researchers distributed questionnaires to 89 (eighty nine) traditional villages in Rokan Hulu Regency. Problems encountered in implementing Rokan Hulu District Regulation No. 1 of 2015 on the Determination of Indigenous Villages and Villages is caused by Regulatory Factors, Institutional Factors and Cultural Factors of Community Law. The concept to overcome the problems in implementing Rokan Hulu District Regulation No. 1 of 2015 on the Determination of Adat Villages and Villages need a legal umbrella in the form of a Provincial Regulation, re-inventory of customary village which has been established, need strong political will from all government and Riau Provincial Government it is necessary to coordinate with regencies /municipalities in drafting local regulations on indigenous village institutional guidelines.

Keywords
Implementation - Local Regulation – Establishment of Village, Customary Village

Topic
Constitutional Law

Link: https://ifory.id/abstract/dXNgFDakE2W8

Corresponding Author
Jundiani Muslim

Institutions
(a*) Sharia Faculty
Universitas Islam Negeri Maulana Malik Ibrahim Malang
Jalan Gajayana No. 50 Malang, Jawa Timur, Indonesia

(b) Sharia Faculty
Universitas Islam Negeri Maulana Malik Ibrahim Malang
Jalan Gajayana No. 50, Malang, Jawa Timur, Indonesia

Abstract
The purpose of this study is to explore information related to the position of welfare state in fulfilling the basic needs of the people on water resources. This research raises legal issue concerning the lack of fulfillment of the constitutional mandate relating to the duty of state to fulfill the rights of the people in the field of water resources. This can be shown in several cases that most people still have difficulties accessing the water as a basic needs in their lives. In 2013, the Constitutional Court revoked Law Number 7 of 2004 concerning Water Resources and reactivated Law Number 11 of 1974 concerning Irrigation as a positive law in the field of water resources. This situation directly affected the management of water resources, especially related to policies that must be based on Law Number 11 of 1974. Substantially, the law also has many shortcomings and changes or replacements must be made in accordance with the people growth immediately. This type of research is normative juridical legal research, using statute approach and conceptual approach. The results of the study are expected to contribute ideas to the position of the welfare state in fulfilling the peoples basis on water resources.

Keywords
Basic needs of the people, water resources, welfare state

Topic
Constitutional Law

Link: https://ifory.id/abstract/84ZPNVwGdqCX

Corresponding Author
Khairani Lubis

Institutions
Universitas Andalas

Abstract
Until now the controversy over the use of Foreign Workers (TKA) is still taking place given the unemployment rate is still very high which must immediately get a solution to the solution by the Government through providing employment. Many parties are of the opinion that the use of foreign workers is not necessary given the high number of job seekers in Indonesia. This opinion can actually be refuted by the existence of justification for the employer to use TKA, namely the existence of several provisions for that. There are several provisions governing the use of foreign workers including Law No. 13 of 2003 concerning Manpower, Law No. 25 of 2007 concerning Investment, Presidential Regulation No.20 of 2018 and finally with Minister of Manpower Decree No. 228 of 2019 concerning Certain Occupational Occupations that may be occupied by Foreign Workers. The purpose of using foreign workers is to meet the needs of skilled and professional workers in certain fields which cannot be occupied by local workers and as a stage in accelerating the process of national and regional development by accelerating the transfer of knowledge and technology and increasing foreign investment in the presence of foreign workers as a supporter of development The use of foreign workers should meet strict procedures and requirements so that Indonesian workers do not lose the opportunity or compete with foreign workers given the number of foreign investors investing in Indonesia, let alone investors have the right to employ foreign workers in their businesses.

Keywords
Foreign Workers, Protection, Indonesian Workers Opportunities

Topic
Constitutional Law

Link: https://ifory.id/abstract/qCVW2ukB3p9H

Corresponding Author
fauzi syam

Institutions
Faculty of Law, Jambi University

Abstract
Dishonorable discharge as Pegawai Negeri Sipil (PNS) who perform criminal act of the office according to court with permanent legal force-s decision, had once again become a national issue of law during the entire year of 2018. The resolution of aforementioned issue have involved many relevant institutions such as BKN (National Civil Service Agency), Kemenpan RB (Ministry of Administrative and Bureaucratic Reform), Kemendagri (Ministry of Home Affairs), and KPK (Corruption Eradication Commission). After the publication of joint decision between Mendagri, Menpan RB, and chief of BKN (SKB Tiga Lembaga) which ordered Pejabat Pembina Kepegawaian (PPK) to hand down PTDH PNS (Dishonorable Discharge as Civil Servant) towards any PNS (Civil Servant) who performed criminal act of the office based on the decision by PBHT (Court with Permanent Legal Force), in 1st of August2019, which had been handed down to 1.906 PNS (88%) out of 2.357 PNS in active duty. The publication of SKB Tiga Lembaga (joint decision of three institutions), have caused controversy among scholars, practitioners, and law experts concerning the the interpretation of article 87 clause (4) letter b UU No. 5/2014 about Aparatur Sipil Negara (UU ASN). There are debates concerning the interpretation of law article 87 clause (4) letter b, implication of PTDH as PNS, and the status of PNS who had been reactivated by PPK (Staff Development Officer) before UU ASN (civil servant acts) was implemented. A variety of parties that felt like their rights were aggrieved had filed constitutional examination of article 87 of UU ASN to the Constitutional Court. Most civil servants that had been dishonorably discharged had also filed a lawsuit to Pengadilan Tata Usaha (PTUN) to receive legal certainty and justice. And yet unlike the controversy of SKB Tiga Lembaga-s publication, PTDH PNS in PTUN (State Administrative Court) was rarely investigated throughly. Even though the legal issues that appear in PTUN-s examination and verdict towards PTDH PNS verdict is far more fundamental and strategic in deciding the progress of indonesian administrative law, which already found its basis in UU No. 30/2014 about gvernment administration

Keywords
Verdict Examination of Dishonorable Discharge as PNS (PTDH PNS), State Administrative Court

Topic
Constitutional Law

Link: https://ifory.id/abstract/nGTw3NVtRL2x

Corresponding Author
fauzi syam

Institutions
Faculty of Law, Jambi University

Abstract
Abstract Dishonorable discharge as Pegawai Negeri Sipil (PNS) who perform criminal act of the office according to court with permanent legal force-s decision, had once again become a national issue of law during the entire year of 2018. The resolution of aforementioned issue have involved many relevant institutions such as BKN (National Civil Service Agency), Kemenpan RB (Ministry of Administrative and Bureaucratic Reform), Kemendagri (Ministry of Home Affairs), and KPK (Corruption Eradication Commission). After the publication of joint decision between Mendagri, Menpan RB, and chief of BKN (SKB Tiga Lembaga) which ordered Pejabat Pembina Kepegawaian (PPK) to hand down PTDH PNS (Dishonorable Discharge as Civil Servant) towards any PNS (Civil Servant) who performed criminal act of the office based on the decision by PBHT (Court with Permanent Legal Force), in 1st of August2019, which had been handed down to 1.906 PNS (88%) out of 2.357 PNS in active duty. The publication of SKB Tiga Lembaga (joint decision of three institutions), have caused controversy among scholars, practitioners, and law experts concerning the the interpretation of article 87 clause (4) letter b UU No. 5/2014 about Aparatur Sipil Negara (UU ASN). There are debates concerning the interpretation of law article 87 clause (4) letter b, implication of PTDH as PNS, and the status of PNS who had been reactivated by PPK (Staff Development Officer) before UU ASN (civil servant acts) was implemented. A variety of parties that felt like their rights were aggrieved had filed constitutional examination of article 87 of UU ASN to the Constitutional Court. Most civil servants that had been dishonorably discharged had also filed a lawsuit to Pengadilan Tata Usaha (PTUN) to receive legal certainty and justice. And yet unlike the controversy of SKB Tiga Lembaga-s publication, PTDH PNS in PTUN (State Administrative Court) was rarely investigated throughly. Even though the legal issues that appear in PTUN-s examination and verdict towards PTDH PNS verdict is far more fundamental and strategic in deciding the progress of indonesian administrative law, which already found its basis in UU No. 30/2014 about gvernment administration.

Keywords
Key words:Verdict Examination of Dishonorable Discharge as PNS (PTDH PNS), State Administrative Court

Topic
Constitutional Law

Link: https://ifory.id/abstract/BDNuVaxwRUE3