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Corresponding Author
Israwati Akib
Institutions
Faculty of Law Hasanuddin University
Abstract
Cases of human rights violations in Indonesia began to spread in the agrarian sector. The agrarian conflict has become one of the most serious human rights enforcement challenges this year. There are many cases of disputes that develop into agrarian conflicts. This is caused by differences in the legal basis used to claim ownership of land. One of the characteristics of the phenomenon of agrarian conflict in Indonesia is that the involvement of the state will not be recognized by the control and cultivation of land by the people on lands which are then handed over to other parties. Conflicts that occur because of the actions of one party which is considered as an illegal act or violates the rights of other parties. In addition, it is caused by an unfair court decision and harms the interests of certain parties. Based on the background of the problem, the authors raise the formulation of the problem as follows How is the governments responsibility in upholding human rights in realizing agrarian reform and whether the enforcement of good governance can guarantee the realization of agrarian reform? The research method in this writing is normative. Agrarian reform is one of the efforts in strengthening the communitys assets in the form of land. One form of government responsibility is to make human rights a sign that must be obeyed by the state or government in carrying out its vision and mission. With the principle of good governance can provide greater opportunities in implementing agrarian reform in order to create a just society.
Keywords
Agrarian reform, human rights, good governance
Topic
Governance and Anti-Corruption
Corresponding Author
Fithriatus Shalihah
Institutions
Universitas Ahmad Dahlan
Abstract
The revision of Law Number 13 of 2003 regarding Manpower has been determined to be included in the 2019 national legislation program. Businessmen have urged to immediately revise the severance pay rules in that law because it is considered higher than other countries so that it burdens businessmen. Meanwhile, the worker-s unions also made a massive rejection of the plan. According to workers, the revision of the terms of severance according to the insistence of employers is very impartial to workers and could lead to massive termination of employment in Indonesia. This study will examine how arrangements related to severance should be applied in Indonesia to accommodate the interests of employers and workers. The author uses normative juridical research methods. The data collection method used is the literature study. The tools used are documents in the form of primary legal materials, secondary legal materials, and non-legal materials. The data obtained were then analyzed qualitatively then presented descriptively. This paper found that arrangements relating to severance pay need to be returned to their philosophy, namely as -provision- for workers/laborers who have been terminated from employment until the person concerned gets a new job. So according to the authors, the amendment to the labor law is more appropriate if the elimination of severance is done and replaced with a termination compensation system as applied to civil servants.
Keywords
Concept, Severance, Revision, Manpower
Topic
Governance and Anti-Corruption
Corresponding Author
Michelle Kristina
Institutions
Faculty of Law Surabaya University
Abstract
The Constitution of the Republic of Indonesia guarantee the fulfill of the right of every person to develop himself by benefit from the development of technology and science for human welfare. The rapid advance of technology and science is certainly unavoidable but it must be utilized and used to optimally for the progress and welfare of humanity. Various benefits of advances technology have been felt both directly and indirectly. Today, the development of advances technology is increasingly echoed by the presence of the 4.0 Industrial Revolution. Indonesia has seen a variety of opportunities offered by the presence of the 4.0 Industrial Revolution. However, the presence of utilizing these advances technology can also have a negative impact, especially in the dimension of Corruption which is currently growing with various mode of crime and their interests. The potential for the occurrence of Corruption in the development of the 4.0 Industrial Revolution-s era must be carried out accurately and immediately in the form of policies in the field of prevention and eradication. The Corruption Eradication Commission (CEC) as a state agency given the authority to eradicate Corruption needs to have effective and efficient strategies, not only in the area of eradication, but also the application of policies in preventing Corruption. Corruption Prevention Policy can be used by the CEC by utilizing advances technology in this current 4.0 Industrial Revolution. Corruption Prevention Policy in the era of 4.0 Industrial Revolution will assist the CEC in carrying out prevention efforts so that the CEC-s workload in taking action to eradicate Corruption can be more optimal.
Keywords
Corruption Prevention Policy, Corruption Eradication Commission, 4.0 Industrial Revolution
Topic
Governance and Anti-Corruption
Corresponding Author
Arfah Tjolleng
Institutions
Indonesian Moslem University
Abstract
The receiving State shall permit and protect free communication on the part of the mission for all official purposes. in communicating with the Govemmerit and the other missions and consulates of the sending State, wherever situated, the mission may employ all appropriate means, including diplomatic couriers and messages in code or cipher. However, the mission may install and use a wireless transmitter only with the consent of the receiving State. The basic duty of a diplomat is to report to his government on political even, policies, and other related matter (ascertaining by all lawful means conditions and development in the receiving state, and reporting thereon to the government of the sending state).
Keywords
Communication, Diplomatic
Topic
Governance and Anti-Corruption
Corresponding Author
Muhammad Fadli
Institutions
Faculty of Law Hasanuddin University
Abstract
As a constitutional state, the administration of government in Indonesia is based on statutory regulations. The process of establishing laws in Indonesia requires a gradual process and takes a long time. Starting from the stages of planning, drafting, discussion, ratification, until the enactment stage. Hence, one of the most essential stages in the formation of legislation in the planning stage through the National Legislation Program. This paper is a normative legal research with using statute, conceptual, and comparison approaches. The results show that the comparison of the number of bills in the national legislation program with the number of bills successfully enacted is vastly different. However, as it turns out into practice, this phenomenon occurs almost every year without any efforts to improve the legislation system. The number of bills in the National Legislation Program 2010-2014 totaled 258 bills, while only 83 bills were successfully completed, or only 16 percent according to the National Legislation Program. Indeed, Indonesia should apply the principles of efficiency and effectiveness consequently as basic principles in making laws.
Keywords
Laws; Efficiency; Effectiveness; National Legislation Program
Topic
Governance and Anti-Corruption
Corresponding Author
Martinus Guntur Ohoiwutun
Institutions
Faculty of Law Hasanuddin University
Abstract
The formation of laws and regulations is the basis for the implementation of regional government that is special in nature, carried out by the establishment of good specific regional regulations. The formation of laws and regulations in this case special regional regulations can implement functions that become special government affairs. The method used in this study is a normative juridical approach to statute approach, conceptual approach, historical approach, comparative legal approach. Formation of special regional regulations, although based on specific laws and regulations, can override general laws and regulations, but in the formation of special regional regulations they are contrary to higher regulations or are not in accordance with the type and hierarchy of laws as regulated in the Act Number 12 of 2011 concerning Formation of Laws and Regulations.
Keywords
Formation of Legislation; Special Regional Regulations; Special Regional Government
Topic
Governance and Anti-Corruption
Corresponding Author
Juliati Prihatini
Institutions
IPDN (The Government Institue of Home Affairs)
Abstract
Poverty is a major problem of development. It is often found in developing countries, including Indonesia. Sukabumi Regency, West Java has a population of 1,164,018 people. Of these, there are 309,785 agricultural households, where the number of small farmers who have agricultural area less than 0.5 hectares, counting 244,688 households. The farmer-s income cannot sufficient the needs of their family, because it is far below the UMK (Regency Minimum Wage). The study is trying to discover the role of Agriculture Department in poverty alleviation of farming communities through collaborative governance in Sukabumi District. Descriptive qualitative and data collections such as observation and interview were used in the research. It is involved 21 people. The research showed that to overcome the decreasing poverty number, Department of Agriculture has carried out programs and policies, namely agricultural counseling by Field Agricultural Instructors (PPL), seed supply, education and training for PPL on the importance of developing the human resources so that the poverty rate of the farming community in Sukabumi is reduced. Collaborative governance is carried out not only between the Government of Sukabumi Regency and the private sector, but also with the farmers communities in agricultural products marketing, but this has not been optimal. The research recommendation is the active role of the Sukabumi Government, specifically Agriculture Food Crops Department to reduce poverty in the agricultural community.
Keywords
poverty alleviation, collaborative governance, farmer-s welfare
Topic
Governance and Anti-Corruption
Corresponding Author
Naswar Naswar
Institutions
Faculty of Law, Hasanuddin University
Abstract
The emergence of regional boundary conflicts is triggered by an unplanned regional expansion policy. It is because the process of regional expansion is much influenced by political interests. In the context of the regional expansion, aspects of territoriality has been required in the Law 22 of 1999, the Law No. 32 of 2004 as well as the Law No. 23 of 2014 on the Regional Government. In terms of this, the regional expansion must be clear boundaries of its territory. Besides the three laws as mentioned, the regional expansion still refer to the Government Decree No. 78 of 2007 on Procedures for the Establishment, Abolition, and the Merger of the Regional designated as the implementation of the Law No. 32 of 2004. However, the Government Decree also do not set the technicalities of determining the boundary region. Therefore, this conditions then encourage the issuance of policies affirmation of boundary area through the Ministry of Internal Affairs Decree No. 1 of 2006 which has been replaced by the Ministry of Internal Affairs Decree No. 76 of 2012, then replaced again with the Ministry of Internal Affairs Decree No. 141 of 2017 concerning Affirmation of Regional Boundaries.
Keywords
The Regional Expansion, Dispute Resolution
Topic
Governance and Anti-Corruption
Corresponding Author
ARIS IRAWAN
Institutions
Law Graduate Program,
Universitas Borneo Tarakan, Kalimantan Utara, Indonesia
Jl. Amal Lama No.1, Gedung Rektorat Lama, Lt.2
Abstract
Corruption has become massive societal phenomenon that has been regarded as extraordinary crimes threatening Indonesian economy and impeding national development. All societal elements expect that it will not be unresolved problems. Until recently, criminal law policy in its attempt to eradicate corruption has more put emphasis on the perpetrator. Such policy on witness protection, in the criminal case of corruption, needs to be optimized because it can be an alternative legal instrument in the attempt to eradicate corruption. Law-enforcement authorities face difficulties in unfolding a corruption case because it is often well systematically planned. In many cases, witnesses are reluctant to report a corruption case because of threat, intimidation, and criminalization posed to them. Problems of this research are (1) How is the regulation of witness protection act and the corruption eradication in Indonesia? (2) How is the urgency of witness protection in the criminal cases of corruption eradication? (3) How is criminal law policy on witness protection to facilitate the corruption eradication in Indonesia? This research employs normative juridical approach with the descriptive research type. Findings indicated that (1) the development of witness protection act in the corruption case is highly relate to the witness stand on the criminal justice system; (2) the urgency of witness protection in the corruption eradication process is highly related to the common occurrence of intimidation and threat toward the witnesses. It indicate that the witness and victim protection is an important and urgent legal aspect; (3) criminal law policy in the corruption eradication process put more emphasis on the perpetrators and less concern on the witnesses involved in legal investigation. It is necessary to optimize the role of LPSK in criminal law policy including in giving the protection to witness in the case of corruption eradication; therefore, it is important to conduct legal update on the witness protection act in the case of corruption eradication process.
Keywords
Witness Protection; Corruption Eradication;
Topic
Governance and Anti-Corruption
Corresponding Author
Andi Suci Wahyuni
Institutions
Civil Law, Faculty of Law, Hasanuddin University, Indonesia
Abstract
Transfer of land functions is an unavoidable action in order to meet the development needs of an area. In line with that, the use of agricultural land for development is also inevitable. This study aims to find out how government policies regarding the conversion of agricultural land that are destined for development. In addition to knowing the form of legal protection by the government of the sustainability of agricultural land in Indonesia. The study was conducted using the method of normative legal research using a regulatory approach and applicable legal principles concerning the conversion of agricultural land for development. The results showed since 2009 with the issuance of Law No. 41 of 2009 concerning the Protection of Sustainable Food Agriculture Land. It is expected that the allocation of sustainable food agricultural land (P2LB) can be available after the establishment of sustainable food agriculture land by the relevant government in the Provision of Incentives to agricultural land owners are also expected to be able to hold the rate of land conversion. Government Regulation No. 11 of 2011 concerning Determination of Transfer of Sustainable Agricultural Land Functions stipulates that the transfer of functions of sustainable agricultural land can be carried out by the government or regional government in the context of land acquisition for public interest and / or disaster. Thus the availability of replacement land is required for the converted agricultural land.
Keywords
transfer, function, land, agriculture, development
Topic
Governance and Anti-Corruption
Corresponding Author
zaidalfauza marpaung
Institutions
Faculty of Law, University of North Sumatera
Abstract
The challenge faced by the Indonesian banking industry today is fraudulence. To find out and dislose the frauds that occured in the banking industry requires the participation of employees who act as whistleblowers. However, in order to serve as a whistleblower is not easy. In addition to having credible information, a whistleblower must also have courage. Often a whistleblower is threatened, terrorized, intimidated, fired and even sued on the basis of defamation from the reported party. This study will examine how the whistleblower arrangements in preventing and combating fraud in the banking industry. The method used is normative legal research using a legal concept approach, legal comparisons and statutory regulations. The results showed that in order to serve as a whistleblower, one must meet two fundamental criteria. First, one conveys to internal authorities. Second, one works an insider. The legal provisions against whistleblowing have not been explicitly regulated in various Indonesian laws and regulations. This seems different from other countries whose arrangements have been regulated in separate laws. This research recommendation, whistleblower arrangements must be regulated in separate laws. To avoid employee reluctance to report violations or crimes in the banking industry, it can be done by implementing a socialized, transparent and responsible whistleblowing system. The whistleblowing system must maintain the confidentiality of the identity and protection of employees from threats and retaliation by reported parties. The application of the whistleblowing system can be done through internal reporting mechanisms and external reporting mechanisms.
Keywords
Whistleblower, Fraud, Banking Industry.
Topic
Governance and Anti-Corruption
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