Indonesia Conference Directory

Corresponding Author
Anom Wahyu Asmorojati

Institutions
Ahmad Dahlan University

Abstract
As a state with a unitary form, Indonesia is unique in its regional governance system. The uniqueness is that there are several regions in Indonesia that have special status and have special rights that are not owned by other regions. Regions that have special status include Yogyakarta and Aceh. The purpose of this paper is to examine legally the implementation of regional autonomy in the Special Region of Yogyakarta and the Special Region of Aceh in the review of special regions The method used in this paper is normative and empirical juridical methods. The normative juridical method conceptualizes the law as norms and principles through the systematic classification of data by analyzing applicable legal regulations, particularly those relating to the privileges of Yogyakarta and Aceh. Furthermore, an empirical juridical approach is used to see and compare the implementation of regional autonomy in Yogyakarta and Aceh in the perspective of special regions The implementation of regional autonomy in the Special Region of Yogyakarta and the Special Region of Aceh has a fundamental difference that is on the basis of privileges and historical privileges. The law that forms the basis of Yogyakartas specialties is Law No. 13 of 2012 concerning the Privileges of the Special Region of Yogyakarta while Acehs specialties are regulated by Law Number 18 of 2001 concerning Special Autonomy for the Special Region of Aceh as the province of Nanggro Aceh Darussalam. The fundamental difference in the privilege status of Yogyakarta lies in the authority granted in the privilege law. The specialty of Yogyakarta is more due to historical factors in the formation of the Unitary State of the Republic of Indonesia, while the specialty of Aceh emphasizes the application of Islamic law in the implementation of regional autonomy

Keywords
Regional Autonomy, Privileges

Topic
Democracy, Constitution, and Globalization

Link: https://ifory.id/abstract/C4TXHrE2qLkt

Corresponding Author
Nur Azisa

Institutions
Hasanuddin University

Abstract
Criminal law policy is a political law that aims to enable positive criminal law regulations to be formulated better in terms of substance. Criminal fines are the imposition of financial obligations that must be paid by the convicted to the state. Therefore, the regulation needs to be maximized because the fine is included in Non-Tax State Revenue (PNBP). There is one major weakness in the substance of criminal fine regulation. The formulation of criminal sanctions for fines in criminal law legislation does not have the power of execution yet, so there are many cases of unpaid fines and it always lead to imprisonment in lieu of fines. Therefore, criminal law policy needs to transform the Collateral Confiscation (Conservatoir Beslaag) in civil legal system with the aim that criminal fines will be more effective in their execution. Collateral Confiscation at the investigation level can be implemented because criminal fines are debts to be paid (Article 1311 of the Civil Code) so that all movable and immovable properties belonging to the debtor (convicted) become the collateral of debtors debt (convicted)

Keywords
criminal fines, criminal Law Policy, the power of execution

Topic
Democracy, Constitution, and Globalization

Link: https://ifory.id/abstract/WgKVT6PjamD8

Corresponding Author
Mardi Adi Armin

Institutions
Faculty of Cultural Studies, Universitas Hasanuddin
mardi.adi[at]unhas.ac.id

Abstract
Pancasila is a state ideology that has been formulated by founding father who has been founded from the phenomenon of Indonesian national life itself. As a state ideology, Pancasila is not based on certain religions and races such as Islamic ideology, Christian ideology nor is it a secular ideology that separates religion from state. It is different from secular states where religion is a private matter and on Islamic ideology where theocracy is the basis of state. Pancasila summarizes and guarantees the right of every citizen to practice a religion and belief. Until now the Pancasila Ideology has been proven able to unite the nation and state and will be proven in the future. In the current ideological conflict between the ideology of the left, namely socialism and communism with the right ideology of conservative and ultra-nationalism, Pancasila appears as the third ideology, which is close to social democracy. With its five principles, Pancasila animates all aspects of national and state life of Indonesian people.

Keywords
Pancasila, Third Ideology, nation, secular, theocracy

Topic
Democracy, Constitution, and Globalization

Link: https://ifory.id/abstract/nGvYdPhN96Rz

Corresponding Author
Andi Baso Zulfakar

Institutions
Faculty of Law Hasanuddin University

Abstract
Elections are a form of peoples political participation in a democratic country, so cleanliness, honesty and fairness in the implementation of general elections will reflect the quality of a countrys democracy. Indonesia from the beginning has had regulations regarding elections. However, this ideal condition does not seem to run smoothly without anomalies or phenomena that injure the idealistic values of the General Election, from the very beginning to the last General Election, there are always violations of Election norms. Election crime in Indonesia has experienced several developments, including; the wider scope of election criminal acts, the increase in types of election criminal acts, and the increase in criminal sanctions. Efforts to uphold the law against election crimes are a way to achieve honest and fair elections carried out using criminal law, in the form of imprisonment and confinement / fines. Election crime is seen as a prohibited act that is serious in nature and must be resolved immediately, so that the objective of establishing criminal provisions to protect the democratic process through elections can be achieved. The issue raised is whether the nature of law enforcement against legislative election criminal offenses. This type of research is normative research supported by empirical data. The approach used is a conceptual / theoretical approach, legislation approach and comparative approach. The results of this study indicate that the nature of law enforcement of legislative election criminal acts is an effort to force compliance with laws that are general or individual in nature through preventive and repressive efforts in an effort to realize an overflowing and fair legislative elections.

Keywords
Law enforcement, elections, legislative

Topic
Democracy, Constitution, and Globalization

Link: https://ifory.id/abstract/DYUQpvj8cHkB

Corresponding Author
Andy Omara

Institutions
Universitas Gadjah Mada School of Law
Sosiojusticia No. 1 Bulaksumur
Yogyakarta Indonesia 55281

Abstract
The introduction of The Indonesian Constitutional Court (Mahkamah Konstitusi-MK) in 2003 is often considered as an important achievement of the most recent Constitutional amendments (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 conducting 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 judicial review cases, it is often that the existing regulations are insufficient. In such situation, it is not possible for MK to decline the petitions on the ground that the existing legislation do not address such cases The Court deemed to know the law and has to find the law (Ius Curia Novit). The question then how will MK handle the case when the existing laws and regulations do not address constitutional problems submitted by petitioners? Does the MK refer to other sources, such as foreign law and treaties, in deciding the cases? If so, how do foreign law and treaties influence the decision of the Indonesian Constitutional Court? How about the legitimacy of the court ruling when the MK utilize foreign law in deciding cases? This paper intends to answer the above questions. In addressing the questions, the paper will first briefly descript the background of the creation of the MK and some influences from other countries experiences in

Keywords
Globalisation, Constitutional Court, Judicial Review

Topic
Democracy, Constitution, and Globalization

Link: https://ifory.id/abstract/UMfuyCPBr43n

Corresponding Author
Sri Susyanti Nur

Institutions
Faculty of Law Hasanuddin University

Abstract
The Cultural Heritage Area in the Tongkonan Kete Kesu area is an asset of North Toraja tourism which became the most receiving place for cultural tourists in 2017, so it was given the title "Most Popular Indigenous Village" at the 2017 Indonesian Charm Award event. Aluk Todolo culture, and the existence of traditional houses of Tongkonan, granary (alang), stone graves (liang) and graves in buildings (patane) have high cultural values that are still preserved in traditional life in the traditional area of Tongkonan Kete Kesu. This is the basis for the establishment of the Kete Kesu Tongkonan as a Cultural Heritage Area based on the Regulation of the Minister of Culture and Tourism Number: PM.09 / PW.007 / MKP / 2010, also designated as an area for the development of an environmentally friendly cultural and natural tourism industry, namely by developing the application of a variety of local cultural values in peoples lives (Article 6 paragraph (2c) of North Toraja Regency Regulation No. 12 of 2011 concerning Regional Spatial Planning 2011-2031). The stipulation of Tongkonan Kete Kesu Customary Area as a Cultural Heritage Area and as a Tourism Industry Development Zone, in terms of the aspect of Agrarian / Land Law requires Legal Certainty and Legal Protection of Indigenous Peoples and Tongkonan Indigenous Areas that are in the Cultural Heritage Area. This research method is Empirical Law by looking at facts / legal phenomena that occur in practice and actual events in society. This type of descriptive research is based on the aim to describe the Toraja indigenous people, the Tongkonan Indigenous Territory, the value of local wisdom in its preservation as a cultural tourism object that is in the area of cultural heritage. The research location was conducted in the Kete Kesu Cultural Heritage Area, located in Kesu District, North Toraja Regency. Research Results, that: 1) Tongkonan Kete Kesu Traditional Territory as a place for traditional / cultural life is based on the beliefs / cultural heritage of ancestors called aluk todolo or alukta. In the Tongkonan Indigenous area has a special field for the implementation of the Rambu Solo ritual, and there is also the Tongkonan Traditional House, Alang, Liang, Patene which are the wealth of the Indigenous People. 2) Conservation and maintenance of the environment of the Tongkonan Indigenous Area is an obligation for each member of the Indigenous Peoples based on the values of local wisdom and subject to adat sanctions for those who commit violations. 3) Utilization of the area of cultural heritage as a tourist attraction that brings economic value has not been synergized properly between the Provincial Government, Regional Government, related Agencies. Indigenous Peoples and Managers of the Foundation for Cultural Property Owners.

Keywords
Cultural Heritage Area, Protection, Tongkonan

Topic
Democracy, Constitution, and Globalization

Link: https://ifory.id/abstract/u2Y3PMv4CnZw

Corresponding Author
Muhammad Ilham Arisaputra

Institutions
Law Faculty Hasanuddin University

Abstract
Regulations in the field of natural resource management are now numerous and quite comprehensive. Some of the regulations have also outlined permits that can be carried out in terms of natural resource management in various sectoral fields. The instrument of permission in managing natural resources is one of the concrete forms of the states right to control natural resources. A permit is an instrument of natural resource management as well as a mechanism of government control through the conditions of the license that it determines. In the context of licensing natural resource management activities, EIA (Environmental Impact Analysis) will be a specific benchmark specifically related to the follow-up of the permit. For this reason, EIAs for each type of natural resource management activity will have different scientific analyzes.

Keywords
Management, Natural Resources, Permits, Sustainable Development

Topic
Democracy, Constitution, and Globalization

Link: https://ifory.id/abstract/YWMnGkmHD8PJ

Corresponding Author
Andi Bau Inggit

Institutions
Faculty of law Hasanuddin University

Abstract
Quality regional regulations mean that the legal product is subject to material and technical preparation in accordance with the provisions of the legislation, can solve problems and answer the needs of the community. A good regional regulation should reflect philosophical aspects related to justice, sociological principles related to the expectation that the regional regulation formed is the desire of the local community, and juridical is related to ensuring legal certainty. One of the controls on regional regulations is the testing of Regional Regulations conducted by judicial review or executive review, or legislative review. The problem is that there are many local regulations that are no longer relevant to current regulations and conditions, conflict with one another, and several other problems in the administration of regional government. The research method used is the normative research method, with a conceptual approach. The absence of the concept of testing local regulations in the implementation of democratic regional government to become a standard testing regional regulations, as a form of supervision of the formation of local regulations. Formers of Regional Regulations namely regional governments together with the DPRD pay less attention to regional conditions and higher regulatory provisions in the process of forming Regional Regulations, in addition, the central government in forming policies related to regional regulations testing does not stipulate provisions that explicitly regulate who any subject / the institution authorized to test regional regulations in order to create good laws and regulations, so that if these conditions continue to occur, it will lead to the implementation of undemocratic local government, therefore it is necessary to test the ideal concept of regional regulations in the implementation of local government that is democratic.

Keywords
Concept of Testing, Regional Regulation, Democratic

Topic
Democracy, Constitution, and Globalization

Link: https://ifory.id/abstract/dAZfFRGJkPY2

Corresponding Author
Andi Muhammad Aswin Anas

Institutions
Procedural Law Department, Faculty of Law, Hasanuddin University

Abstract
One of the principles of restorative justice is to seek peace outside the court by perpetrators of criminal acts against victims of criminal acts. Legal issues discussed are, restorative justice approach to handling defamation crime through social media. Restorative justice approach exists to provide space as an alternative to resolving criminal cases, involving direct participation of victims and perpetrators. Criminal provisions regarding defamation through social media are regulated in Act Number 19 of 2016 concerning Amendment to Act Number 11 of 2008 concerning Information and Electronic Transactions, regulating the threat of criminal defamation through social media is threatened with the maximum imprisonment 4 (four) years and / or a maximum fine of Rp750,000,000.00 (seven hundred fifty million rupiah). Defamation crime is legal action by complaint, that can be end faster because the victims revoke the complaints . Revocation happened because there is victim-offender mediation between perpetrators of criminal acts against victims of criminal acts . Victim-offender mediation is done by emphasizing the establishment of good relations between the parties, respecting social / customary legal norms and meeting the principles of justice, and there has been a peace agreement by the parties.

Keywords
restorative justice; defamation crime; social media

Topic
Democracy, Constitution, and Globalization

Link: https://ifory.id/abstract/ExudBH2D9bYR

Corresponding Author
ARINI NUR ANNISA

Institutions
Faculty of Law Hasanuddin University

Abstract
Review of Regulatory Policies (Beleidsregels) Concerning a Nature of Legislation in Indonesia Arini Nur Annisa Faculty of Law Hasanuddin University arininurannisa@unhas.ac.id ABSTRACT The concept of regulatory policies has similarities with regulatory provisions. Thus, it creates obscurity concerning the substances of regulatory policies.This study aims to analyze the status of regulatory policies which concern a nature of legislation in Indonesia and describe review form of the regulatory policy (beleidsregels).This research is juridicial normative study involving a collection of data through library research seeking for primary and secondary data to be presented in descriptive qualitative way. The study indicates that the role regulatory policy (beleidsregels) having a nature of legislation can be categorized as material regulatory policy based on the marking aspect of content/substance taken from discretionary principle without authority delegation and regulative in nature, and regulatory nomenclature application. The regulatory law examination format containing regulation of law throught judicial review is able to apply by rejection to the material trial appeal because the object of the appeal is a policy product. The method of regulatory policy executive to nullify the policy i.e.minister,governor, the head of regency. Furthermore, mayor through the issuance of a decree indicating a clarification of improvement or editorial moditification of procedure or content and annulment of the policy so as to be no longer effective. A consistency is required to classify the character of the regulatory policy and legislation so that a clear view in producing appropriate policy. Keywords: Regulatory Provisions, Regulatory Policies, Regulatory Review

Keywords
Regulatory Provisions, Regulatory Policies, Regulatory Review

Topic
Democracy, Constitution, and Globalization

Link: https://ifory.id/abstract/Zv6B8bReTNpz

Corresponding Author
Hari Purwadi

Institutions
Universitas Sebelas Maret (UNS), Surakarta 57126, Indonesia

Abstract
ABSTRACT Indonesian law (national law) since independence explain it-s character of a mixed legal system. The mixed legal system makes national law form layers. The elements of layers are composed of Western law, customary law (indigenous law) and Islamic law. Western law, especially civil law tradition is the dominant element, while customary law occupies a servient layer in which also competes with Islamic law in certain societies and Hindu law in other societies. In relation to the plurality of Indonesian indigenous people who have a variety of customary law, the occurrence of a meeting between customary law and Western law hypothetically explains the inequality with the meeting, competition, and mixing of legal traditions in countries whose societies tend to be homogeneous. The focus of this paper is to analyze the form of meetings, competition, or mixing between legal traditions with some examples that occur in the indigenous peoples of Bali, Padang Pariaman, and Aceh. The research method used can be classified in comparative law research because it analyzed competition among several legal traditions. The results explained that there was no similarity or variance in the mixing of legal traditions that met and competed. At least, among the customary law communities of Bali, Padang Pariaman, and Aceh there are differences in the mixing of legal traditions.

Keywords
Mixed Legal System, Harmonization, Indigenous People

Topic
Democracy, Constitution, and Globalization

Link: https://ifory.id/abstract/VMjFCeDd9qyP

Corresponding Author
Andi Safriani

Institutions
Fakultas Syariah dan Hukum UIN Alauddin Makassar

Abstract
Sovereignty is in the hands of the people and implemented according to the 1945 Constitution.the meaning of people-s sovereignty in the 1945 Constitution is to place the people as a source of state power where it is in line with the understanding of democracy, namely from the people,by the people and for the people. The regional head election is a form of people-s sovereignty. The existence of a blank coulumn in the regional head election is seen as an alternative choice of the people which simultaneously allow regional head election to be held with only one pair of candidates. Such conditions occur because of the absence of other options provided by the party organizing the regional head election. The research is a qualitative research by describing or giving or giving a description of the condition factually and systematically about the facts and phenomena related to the problem under study and usinh the method conceptual approach and statute approach. The result showed that there were legal problems that occurred when the regional head election was carried out using a blank column selection system.therefore, there is a need for a regulation regarding the mechanism for the selection of regional heads in a complete and clear manner so that it becomes a reference for the regional head election organizer.

Keywords
The rules, Regional Head election, Empty Column System.

Topic
Democracy, Constitution, and Globalization

Link: https://ifory.id/abstract/GFk2pmQj4xNP

Corresponding Author
Achmad Ruslan

Institutions
Faculty of Law Hasanuddin University

Abstract
Indonesia was established based on the state of law and society in accordance with the provisions of the 1945 Constitution of the Republic of Indonesia as a basic rule (fundamental norm), which became the fundamental guideline for the Republic of Indonesia. The roles of legislation in the context of the rule of law are the basis for the administration of the state and as a guideline for organizing governance, in center government in the form of acts and in local government in the form of regional regulations, as well as to solve social problems. The formation of laws and regulations is the process of making laws and regulations which basically starts from the planning, research and study stages, the preparation of academic texts based on the method of certain laws and regulations, the making of drafts (forms and structures), the preparation of academic texts for discussion, endorsement, promulgation and dissemination. The problem is that there are many regulations that are not effective because they are not accommodating the public interest, starting at the planning stage of forming laws and regulations. The research method used is the normative research method, with a conceptual approach and legislation. The formation of legislation is suspected to have caused social conflicts, institutional issues, and uncertainty in national economic planning, leading to a law enforcement crisis, and legislation that is very vulnerable to national disintegration in a Unitary State of the Republic of Indonesia. It is occurred because its formation does not apply the theory of the Formation of the Formulation of Accommodative Legislation.

Keywords
Design Theory, Formation of Regulations, Legislation, Accommodative

Topic
Democracy, Constitution, and Globalization

Link: https://ifory.id/abstract/Dynt36Y4RqQZ