Indonesia Conference Directory

Corresponding Author
Ardhiwinda Kusumaputra

Institutions
(a) Lecture, Faculty of Law Wijaya Kusuma Surabaya University, ardhiputra82[at]gmail.com
(b) Lecture, Faculty of Law Wijaya Kusuma Surabaya University, endangretnowati49[at]yahoo.co.id
(c) Lecture, Faculty of Law Merdeka Pasuruan University, rwinarno89[at]yahoo.co.id

Abstract
The legal frame of the Unitary State of the Republic of Indonesia, contains a variety of wealth, both cultural and natural resources. Based on that unitary state, and constitutional strengthening in Article 33 of the 1945 Constitution of the Republic of Indonesia, the state take control all existing wealth. However, a problem arises, when the basic right to control of state, it cannot protect the rights of indigenous peoples in relation to the need for natural resources, especially water resources. There are two main problems, first why the right to manage water resources for indigenous peoples cannot be accommodated fairly? Second, How to strengthening the rights to manage water resources for indigenous peoples to create equitable access to water? In order to answer these two basic problems, the domain of this writing is based on the normative legal method. Describe comprehensively based on theory and relevant data. Basically, the right to water is a basic right for every human being. But it cannot be denied, if the practice of liberalization of water resources, making the right to water which should be obtained easily, is inversely proportional. In fact, indigenous people who are philosophically related to nature and the value of local wisdom to be able to manage water resources, are put aside. In fact, the constitutional basis clearly states that natural wealth is used for the greatest prosperity of the people. At this point, it is not just about strengthening legal instruments. The role of the state, through the right to control, must be implemented more strongly, especially through institutional roles both at the central and regional levels.

Keywords
Access to Justice, Rights to Manage, Water Resources, Indigenous People

Topic
Human Right Issues

Link: https://ifory.id/abstract/wT9ycBXeUFCQ

Corresponding Author
Defri Aryu Dinata

Institutions
Faculty of Law, Borobudur University

Abstract
In medical society, there are controvery issues that called withholding and withdrawing life support. Withholding life support is delaying the provision of new or advanced life support therapy without stopping ongoing life support therapy, and withdrawing life support is stopping some or all of the life support therapy given to patients . This decision was not only decided based on medical aspects but also related to bioethics and medicolegal aspects. For medical practitioners, withholding and withdrawing life support are hard moral dilemmas to be implemented. From the medical aspect, withholding and withdrawing life support is not the same as euthanasia. There is a strong general consensus that withholding and withdrawing life support is a decision that allows the disease to progress naturally. This is not a decision to let the patient die, while euthanasia actively take patients at the end of their lives. In the bioetic aspect, doctors must respect the autonomy of patients and families in deciding the withholding and withdrawing life support. In medicolegal aspects, laws regarding withholding and withdrawing life support are regulated in the regulation of the Minister of Health No. 37 of 2014 chapter III where it is stated that the patients family can ask the doctor to withholding and withdrawing life support or ask to assess the patients condition to withholding and withdrawing life support. If there is a discrepancy between the familys request and the recommendations of the medical and ethical committee team, where the family continues to ask for a withholding and withdrawing life support, legal responsibility is with the family. Thus, according to what is regulated in the medical, bioethical and medicolegal aspects, doctors and ethical committee team cannot refuse requests to withholding and withdrawing life support.

Keywords
withholding life support, withdrawing life support, critically ill, end of life

Topic
Human Right Issues

Link: https://ifory.id/abstract/2bhjv8LqAzDp

Corresponding Author
Cholidah Baghos

Institutions
University of Muhammadiyah Malang

Abstract
Since 2008, when the center began monitoring the supervision of the evacuation, 160 million people have been displaced in 161 countries. The highest risk is in Asia where countries are regularly exposed to typhoons, floods and earthquakes as an effect of climate change that will trigger the movement of people on a large scale. However, both the December 2009 UNFCCC and Copenhagen Accord processes did not reflect on or discuss displacement issues, regardless of their focus on adaptation; The UNFCCC is not designed to and cannot properly address the issue of climate change, and cannot be easily changed to accommodate people displaced from climate change (CCDP). This research was conducted using normative juridical methods which would analyze the concept of protection against refugees due to climate change in ASEAN countries whether those who ratified the 1951 Geneva convention or who did not ratify it. The author argues that the problem of refugees caused by global climate change is not a future discourse far from reality, this problem becomes a necessity along with development efforts, especially development that does not consider the concept of sustainability of the world ecosystem. Even so, the Geneva convention as the main convention on the prevention of refugees was not then ratified by all countries in the world and even recorded in the ASEAN region.

Keywords
Refugees, Climate Change, ASEAN

Topic
Human Right Issues

Link: https://ifory.id/abstract/vKFEanYPN8dD

Corresponding Author
Haidir Rachman

Institutions
a) Fakultas Hukum, Universitas Nasional
Jalan Sawo Manila Rt.14/Rw.3, Pasar Minggu, Kota Jakarta Selatan, DKI Jakarta, 12520, Indonesia
*haidirrachman[at]yahoo.com
b) Program Doktor Ilmu Hukum, Universitas Borobudur
Jalan Raya Kalimalang No. 1, Jakarta Timur, Indonesia
c) Program Doktor Ilmu Hukum, Universitas Borobudur
Jalan Raya Kalimalang No. 1, Jakarta Timur, Indonesia
d) Program Doktor Ilmu Hukum, Universitas Borobudur
Jalan Raya Kalimalang No. 1, Jakarta Timur, Indonesia
e) Program Doktor Ilmu Hukum, Universitas Borobudur
Jalan Raya Kalimalang No. 1, Jakarta Timur, Indonesia
f) Program Doktor Ilmu Hukum, Universitas Borobudur
Jalan Raya Kalimalang No. 1, Jakarta Timur, Indonesia

Abstract
Restitution is submitted by the Public Prosecutor by attaching the required documents for the application for restitution, which then the court judge will consider the application for restitution. The problem in this study is how the legal certainty of imposing criminal sanctions for restitution against perpetrators of trafficking in persons based on Law Number 21 of 2007 concerning Eradication of Trafficking in Persons Crime Government Regulation Number 7 of 2018 concerning Provision of Compensation, Restitution, and Assistance to Witnesses and victim? The research method used is normative juridical using secondary data. The results of the study show that legal certainty regarding the imposition of criminal sanctions for restitution for perpetrators of criminal acts of trafficking has been regulated in Law Number 21 of 2007 concerning Eradication of Trafficking in Persons in Government Regulation Number 7 of 2018 concerning Provision of Compensation, Restitution and Assistance to Witnesses and Victims are carried out with a mechanism for submitting restitution since the victim reports a case he has experienced to the local Republic of Indonesia National Police and is handled by the investigator together with the handling of the crime committed. However, in the application of criminal sanctions for restitution against perpetrators of criminal acts of trafficking in decisions of the Jambi District Court Number 538 / Pid.Sus / 2014 / PN.Jmb, on December 18, 2015 it was incorrect because the Court Judges did not examine the complete application for restitution submitted by the Public Prosecutor before deciding on sanctions for restitution, while the Public Prosecutor also carries out negligence by not attaching documents, so that the decision of the Jambi District Court Number 538 / Pid.Sus / 2014 / PN.Jmb can reduce the legal certainty.

Keywords
Restitution, Crime of Trafficking in Persons, Legal Certainty

Topic
Human Right Issues

Link: https://ifory.id/abstract/dpRcUXQPVvB6

Corresponding Author
Mimin Mintarsih

Institutions
a) Faculty of Law, Universitas Islam Jakarta.
Jl. Balai Rakyat, Jakarta Timur, Daerah Khusus Ibukota Jakarta 13120
*miensh66[at]gmail.com

b) Faculty of Law, Universitas Islam Jakarta.
Jl. Balai Rakyat, Jakarta Timur, Daerah Khusus Ibukota Jakarta 13120

c) Faculty of Law, Universitas Islam Jakarta.
Jl. Balai Rakyat, Jakarta Timur, Daerah Khusus Ibukota Jakarta 13120

Abstract
Freedom and independence from colonial oppression is a nature, inherent in every human being. This is the basis for the birth of various independent and sovereign countries throughout the world. It is as the instruments in the framework of liberation, namely democracy. The meaning of democracy, namely a government based on the will of the people, the sovereignty of the people, and thus guaranteed equal rights and the right of freedom. The problem in this study is how the implementation of basic rights related to democratic freedom? The purpose of the study is to analyze the basic rights related to democratic freedom, with normative juridical research methods. The results of the study that the implementation of natural rights in relation to freedom of democracy is an obligation that must be fulfilled, for example in the right to freedom of movement, travel and relocation, the right to freedom of expression or opinion, the right to freedom of choice and active in an organization or association. These natural rights are the rights that have been possessed by every human being since he was still in the womb. If seen from democracy in Indonesia which has the Pancasila ideology, democracy is inspired by Pancasila values, namely Peoples Democracy which is led by wisdom in deliberation/representation, which has the One Godhead, fair and civilized humanity, which is united in Indonesia and socially just for all Indonesian people. Consequences in the life of the state must recognize the existence of God Almighty, thus giving birth to people who have Pancasila morality. Thus the basic rights based on the Almighty Godhead can guarantee the implementation of a healthy democracy.

Keywords
Natural Rights, Freedom, Democracy

Topic
Human Right Issues

Link: https://ifory.id/abstract/8J9VyCb4LfjD

Corresponding Author
NUR RAHMAN

Institutions
Fakultas Hukum, Universitas Muhammadiyah Cirebon
Jalan Tuparev No. 70 Cirebon

Abstract
Abstract Regeneration is a manifestation of human responsibility in order to preserve dignified and civilized humanity, children are the next generation of the nation who must get knowledge, moral provisions and the provision of religion at the same time. Islam teaches that education can start from an early age even when still in the womb. Children are a very valuable asset in regeneration, because what is achieved by the current generation will be continued by them, without them the regeneration process of humanity will be completed and a little bit of humanity will experience a decline in civilization. However, when looking at statistics relating to the numbers of crimes against children, especially sexual crimes, it seemed to make the hair goose bumps, moreover the cases of child sexual crimes occurred in the area which in fact had the connotation of a district that was very well known as religious. Cirebon Regency is the largest and most strategically populated regency in its time in the map of the spread of Islam, especially in West Java, with the central figure Sunan Gunung Djati inheriting advice "entrusted to the poor" who in his interpretation entrusted the religion of Islam and the poor when this becomes an icon of the holder of the government in carrying out the task of regulating the government order. Metro TV (25/10/2016) released a news titled "Cirebon emergency child sex crime", because cases increased 38% strengthened by official data from the Cirebon Resort Police 10 to 15 cases from reporting sexual crimes against minors. In 2016 according to the Cirebon District Integrated Service Center for Women and Children Empowerment (P2TP2A), said that as of October 2016 there were 38 cases of violence, consisting of cases of violence against children (KTA) under the age of 31 children and the rest of violence that occurred at the age of 18 year up (KTP). This shows an increase in numbers compared to the previous year which only recorded 34 cases. The President of the Republic of Indonesia some time ago has ratified the Government Regulation in lieu of the Law on the Second Amendment to the Law of the Republic of Indonesia Number 23 of 2002 concerning Child Protection, in which regulates criminal additions in the form of chemical castration against perpetrators of sexual crimes and / or with Agreement The House of Representatives of the Republic of Indonesia sets out the Law on the Elimination of Sexual Crimes. The Perppu has not yet seen how the state regulates the rights of children and women as victims of sexual crimes they experience, because it has only concentrated on the punishment for the perpetrators.

Keywords
Sexual crime, Cirebon Regency, PERPU No. 1 of 2016

Topic
Human Right Issues

Link: https://ifory.id/abstract/P8zhmQWrR9cf

Corresponding Author
Reynaldi Pramana

Institutions
UNIVERSITY OF 17 AGUSTUS 1945

Abstract
Abstract— This Human Immunodeficiency Virus Acquired Immune Deficiency Syndrome HIV-AIDS is a deadly virus that infects the human reproductive system due to unhealthy sexual relations. The formulation in this research is the regulations on access to health for 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
Human Right Issues

Link: https://ifory.id/abstract/ELfCYuQxth2G

Corresponding Author
Hamdan Azhar Siregar

Institutions
Jakarta Islamic University Faculty of Law

Abstract
In the Greco-Roman and medieval times, when Mazab developed, Irrasioanls natural law had laid the philosophical foundations of basic obligations for humans rooted in the philosophy of metaphysics and divine values. Only when individual expressions flare up and urge recognition of basic human rights, the demands for recognition and protection of human rights develop. The teachings of Aquinas (1224-1274), Hugo Grotius (1583-1645), Magna Charta (1215), Human Rights Petition (1628), British Declaration of Human Rights (1689), United States Declaration of Independence (1776), and the French revolution (1789) is evidence of this shift. Changing the rationale from basic obligations to basic rights is a contradictory change, so that between basic obligations and basic rights seems to be a fundamental conflict. Based on our research using normative legal methods, it was based on several theories such as the balance theory proposed by John Rawl, and the theories of justice, among others, put forward by Thomas Aquinas and the theories of the law of the natural law can be concluded that rights and obligations are a unity cannot be separated. Therefore, respect for human rights must also be followed by human obligations. Thus, to see the realization of Human Rights as regulated in Articles 27 to 32 of the 1945 Constitution, philosophically, we must look at the atmosphere of mysticism in the Human Obligations that are in their minds. Thus, the implementation of the implementation of Human Rights does not stand alone and separate from the Human Obligations, but between Human Rights and the Obligations of Human Rights are mutually complementary.

Keywords
Human Rights and Human Obligations.

Topic
Human Right Issues

Link: https://ifory.id/abstract/nY3ztUevPHTx

Corresponding Author
Rahmat Muhajir Nugroho

Institutions
Faculty of Law, Universitas Ahmad Dahlan

Abstract
In the internet age, everything that has been recorded and stored will always be accessible again. News about the guilty verdict of a corruptor, for example, can still be found through a search engine even though the corruptor has served his sentence. The internet makes it difficult for people to forget their past. From there comes the desire of people to be free from memories of their past lives, which has the potential to be a bad stigma that looms throughout his life. Article 26 paragraphs (3) and (4) of the ITE Law regulate the concept of right to be forgotten, which can be interpreted as the right to forget electronic data information. The birth of this concept was due to a concrete event of someones data information that was already inaccurate, irrelevant or incorrect, thus creating a bad view (stigma) from the community against the person and violating the privacy rights (personal rights) of someone. However, the Government of Indonesia has not yet regulated clearly and in detail the procedures for filing the deletion of the right to forget electronic personal data information in cyberspace. Therefore, it is very urgent that this is immediately regulated in a Government Regulation concerning the right to forget electronic personal data information in cyberspace through the courts.

Keywords
Urgency, Settings, forgotten, data, personal

Topic
Human Right Issues

Link: https://ifory.id/abstract/HTA7hmUgPz6W