Indonesia Conference Directory

Corresponding Author
Muhammad Syukri

Institutions
Institut Agama Islam Muhammadiyah Sinjai

Abstract
This paper present analysis of law discourse relates to the study of language or language usage. The analysis approach that is used in this research is a critical model of discourse analysis as known as Critical Discourse Analysis (CDA) is seen in the use of speech and writing as social practice. The data collected by using a library research from manuscript related to law, and analysis model uses Van Dijk approach for analysis. The results of the research indicate that the use of certain words, sentences, certain styles is not merely seen as a way of communicating, but is seen as communicating the politics a way to influence public opinion, create support, strengthen legitimacy, and remove opponents or opponents. The significance of this research is how the reader not only get information from a law discourse but also get meaning what the writer try to convey through the text from an analysis by using critical discourse approach.

Keywords
Discourse Analysis, Critical Discourse, Text, Meaning, Information

Topic
Law

Link: https://ifory.id/abstract/yJ3Qnc9YaZLr

Corresponding Author
AJI ANTORO

Institutions
ILMU ADMINISTRASI PERPAJAKAN, UNIVERSITAS INDONESIA

Abstract
The cause of congestion is the number of vehicles passing on limited roads. There are various kinds of negative impacts of congestion, including the loss of time, energy, health, economy, and so on. Free traffic jams such as trains are a solution to traffic congestion, especially in the Greater Jakarta area. The party building the railroad infrastructure is not only done by the government, but can also be done by the private sector. The government has established regulations that help ease the burden on contractors, namely regulations on the provision of VAT-Not-Collected for the import of railroad infrastructure. But in practice the regulation is not easy to implement, because it is complicated and seems to deviate from the initial spirit. This study uses a qualitative method with in-depth interviews with relevant informants. The results of the research show that the policy on providing VAT-Not-Collected Facilities in the import of railway infrastructure not in accordance with certainty and simplicity consept. Because of the difficulty in submitting VAT-Free Certificate, the contractor must bear VAT, without any special treatment. This will increase the contractors basic costs and also add taxation costs for the contractor and the government.

Keywords
VAT Facility Policy, Congestion, Train, Ease of Administration Principle,

Topic
Law

Link: https://ifory.id/abstract/Xg4cB3bvUC9N

Corresponding Author
Deasy Soeikromo

Institutions
Sam Ratulangi University

Abstract
The purpose of this study was to comprehend the meaning of factors causing problematic KPR and alternative solutions for the development of national banking performance. The study used sociolegal (socio juridical) method. The results showed that the cause of problem loans was due to default of debtors for several reasons. The application of the principle of prudence and the principle of getting to know customers is one of the key factors in the success of credit management and improving the performance of Home Loans in national banks.

Keywords
home loans, agreements, banks, debtors

Topic
Law

Link: https://ifory.id/abstract/4d7z3y6eUZGX

Corresponding Author
Sanidjar Pebrihariati R

Institutions
Fakultas Hukum Universitas Bung Hatta, Padang

Abstract
Auction or rather promotion actually has a very strong legal basis. In Law No. 32 of 2004 concerning Regional Government governs the authority of regional heads to determine the structure of Regional Government Organizations (WTO) and filling positions, the authors are interested in researching “Application of the position auction”. The study is aimed to analyze:1) Is the auction the best system for forming good governance? 2) Is the effectiveness and efficiency of applying the auction system in determining the position of public officials? This research is a normative legal research that uses data in the form of secondary data, and then the data is analyzed by qualitative analysis. Conclusions: 1) Position auctions are the best system in the formation of good governance, as an absolute requirement for good government.2)The effectiveness and efficiency of applying the auction system in determining the position of public officials is the position of the auction system can determine the effectiveness and efficiency of public officials, viewed from the auction system to echelon positions starting from echelon II, III and IV in the provinces in Indonesia, starting a trend. Government Regulation (PP) of the Republic of Indonesia Number 41 of 2007 also Organizational Structure and Work Procedures (SOTK), which came into force on January 1, 2009.

Keywords
Application, Auction, Good Governance.

Topic
Law

Link: https://ifory.id/abstract/C67UBctdnjuJ

Corresponding Author
Tri Handayani

Institutions
a) Universitas Padjadjaran (UNPAD)
Law Faculty, Kampus Unpad Jatinangor, Jl. Raya Bandung-Sumedang Km. 21 Jatinangor, Kab. Sumedang 45363 Jawa Barat
*tri.handayani[at]unpad.ac.id
b) Law Faculty, Kampus Unpad Jatinangor, Jl. Raya Bandung-Sumedang Km. 21 Jatinangor, Kab. Sumedang 45363 Jawa Barat

Abstract
Banks as creditor and capital lenders are now required to integrate the aspects of the social environment and governance into their main business, so nowadays banks not only manage the reputation and risk but also seek to realize a sustainable business transformation. Banks contribution as institutions can reduce the unemployment rate, which is increasingly rising in every year. Based on this situation the Bank as a source of funding in the economic sector can provide priority scale when it will give a credit to the Micro Small Medium Enterprise (MSME) sector. The MSME sector in several other countries is considered to be able to overcome unemployment, supporting the community to be able to prioritize entrepreneurship in order to create a sustainable business and even better if from the development of MSME businesses also can create job field. Thus the Bank is one of the economic pillars in Indonesia that can contribute to creating inclusive and sustainable economic growth. Based on these conditions, it is necessary to have financial sector policies that need to be reform or create in order to support the realization of an inclusive and sustainable Indonesian economy and to reduce unemployment in every year. Therefore, it is necessary to study further through mapping the regulations regarding banking sector policies in terms of realizing an inclusive and sustainable economy by optimizing the role of MSME. The ultimate goal is that all levels of society have the same opportunity to use banking financial services.

Keywords
Banking, economic inclusive, sustainable, micro small medium enterprise,

Topic
Law

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

Corresponding Author
Habib Muhsin Syafingi

Institutions
Faculty of Law, Universitas Muhammadiyah Magelang
*habibmuchsin[at]ummgl.ac.id

Abstract
This study aims to analyze peoples perceptions of development after the emergence of village funding policies and how they affect the level of community participation. The method used in this study is socio-legal research. The research location was determined purposively in several villages in Borobudur District with the consideration that the villages also received other assistance in the framework of establishing Borobudur as a super-priority for tourism development. Data obtained through deep interviews will then be analyzed and presented qualitatively. The results showed that there had been a change in peoples perception of village development. Development, which is supposed to be the full responsibility of village communities, is now the responsibility of the government. Villagers who have been the main actors have shifted to implementing programs and activities. For example, village development planning must follow the policies of the local government. Village communities who are supposed to work together to carry out development have turned into workers who get paid. The next implication is the low level of community participation in terms of both quantity and quality. The policy of channeling village funds sourced from the State Budget (APBN) and the Regional Budget (APBD) has succeeded in accelerating village development, however, on the other hand, it has also degraded the local values ​​of the village community. Policy formulation Participatory village fund distribution based on local community values ​​becomes very urgent to be formulated and implemented.

Keywords
Local Value; Village Funds; Community Perception

Topic
Law

Link: https://ifory.id/abstract/k7K4VdQMXgeU

Corresponding Author
ERNI WULANDARI

Institutions
Universitas Sebelas Maret

Abstract
xxx

Keywords
law, law, law

Topic
Law

Link: https://ifory.id/abstract/9FrmLywCzvBZ

Corresponding Author
Nuzul Rahmayani

Institutions
(a) Sultan Agung Islamic University, Semarang, Indonesia
email: nuzullaw05[at]yahoo.co.id
(b) Padjajaran University, Bandung, Indonesia
(c) Sultan Agung Islamic University, Semarang, Indonesia

Abstract
According to Article 49 paragraph (1) of Law Number 8 of 1999 concerning Consumer Protection, the Government forms a Consumer Dispute Settlement Agency (BPSK) in each Regency/City for the resolution of disputes between business actors and consumers outside the court. BPSK is a very strategic institution in consumer protection. However, there are a number of weaknesses in regulating the authority of the Consumer Dispute Resolution Agency that do not reflect the value of justice in society. For example, regarding the concept of consumer dispute resolution by choice; The BPSKs decisions are not final and binding. In addition, there were also a number of obstacles and problems related to the implementation of the authority of the BPSK, such as: there are still BPSK who accept disputes outside their relative authority; Implementation of the concept of arbitration at BPSK that is not in accordance with the concept of arbitration according to Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution; Cancellation of almost all BPSK arbitration awards by the Supreme Cour. This condition will certainly not make BPSK optimal in carrying out its role and function in the consumer protection system in Indonesia.

Keywords
Authority, Consumer Dispute Settlement Agency

Topic
Law

Link: https://ifory.id/abstract/9Y2MjLUe8FtC

Corresponding Author
Dakum Dakum

Institutions
Faculty of Law, Universitas Muhammadiyah Magelang

Abstract
The issuance of the Waqf Law in Indonesia changes the assets paradigm from immovable to movable objects. This change was followed by the development of the waqf management model, namely, productive waqf. As a movable asset, Copyright has a high economic potential as a means of prospering the community. This study aims to identify Copyright criteria that can be used as productive waqf assets. This research was conducted by examining Government Laws and Regulations on Waqf, Copyright Law, Fatwa of the National Sharia Council of the Indonesian Ulema Council (DSN-MUI). The results show that Copyright can be used as a productive waqf asset provided that (1) the assets are obtained in a halal manner (2) has a long-lasting (3) has economic value as measured by a valuator (4) the object of Copyright can be developed the economy. In order to be managed optimally, Nadzir has a role in developing the object of Copyright. Thus, the Indonesian Waqf Board (BWI) needs to foster Nadzir to have competence in the development of copyright waqf asset.

Keywords
Copyright; productive waqf assets; social welfare

Topic
Law

Link: https://ifory.id/abstract/9zbytkBaqH3h

Corresponding Author
M. Husni Syam

Institutions
a) Head of ASEAN Studies Centre UNISBA,
b) Faculty of Law, UNISBA
c) Faculty of Law, UNISBA
*eka.aqimuddin[at]gmail.com
d) Faculty ofCommunication Science, UNISBA

Abstract
Corporate social responsibility (CSR) is a form of corporate obligation to give back society social welfare. Currently, several studies only focus on corporate commitment in doing CSR, only few that focuses on institution that advocate CSR. This research wants to examine ASEAN CSR Network (ACN), as one institution that advocates CSR in regional level. By this research, authors would like to map CSR practices in regional level so that in long term can formulate CSR model that suitable within ASEAN Community. The research use juridical normative and communication method. Legal science used to discover provisions related to CSR in ACN and compare to norm in international law, more over communication science used to study behavior and perceptions of corporation in doing CSR

Keywords
CSR, ASEAN, ACN

Topic
Law

Link: https://ifory.id/abstract/nNK2brRFB4k8

Corresponding Author
Sanidjar Pebrihariati R

Institutions
Faculty of Law, Bung Hatta University, in Padang City

Abstract
ABSTRACT Specifically regarding the Village, arranged In Law Number 6 Year 2014 regarding Village. From 34 provinces in the Republic of Indonesia, divided into each district / city. Based on these descriptions, the authors are interested in researching "Determination of Village Fund Allocation". The problem of writing: 1) How is the classification of Allocation of village funds according to Law Number 6 Year 2014 on Villages?, 2) Is the allocation of village funds increased in village development? 3) Who is responsible for the Village Fund Allocation if there is no Village Administration in the area? This writing uses a normative legal approach.The types of data are secondary data, and analyzed by using qualitative analysis. Conclusion: 1) Distribution of Village Fund Allocation to Village Government 30% for Village Apparatus Interests and 70% for Community Empowerment in Village Government. 2). The basic thing that should be done by the village apparatus is to make medium / long term planning by focusing on one or two programs/activities that can contribute greatly to the community. 3). A dynamics of the allocation of village funds, the Government should have conducted a juridical review and historical review of the policy of the Village Fund Allocation.

Keywords
Allocation, Of village funds, the Government

Topic
Law

Link: https://ifory.id/abstract/jWgrXV4zTEkR

Corresponding Author
Heniyatun Heniyatun

Institutions
Faculty of Law, Universitas Muhammadiyah Magelang
*chrisnabagus[at]ummgl.ac.id

Abstract
Moral Rights are perpetual rights to protect a work from distortion, mutilation, modification of a Work that are detrimental to its self-honor or reputation. However, there is no creator parameter if it suffers a loss from its honor and reputation. In general, the community perspective considers that "habits" are part of freedom of expression. The primary substance "everyone shall have the right to freedom of expression" becomes a bastion as a form of self-actualization or displaying its expression in public. This study aims to identify the limits of the right of integrity in moral rights in relation to freedom of expression by comparing the protection of moral rights in Indonesia, France, America, and Germany. This research is a normative juridical study with the statue approach, conceptual approach, and comparative approach. The research specifications used are descriptive-analytical. Data collection techniques using the library research method. The results of the study show that the limitations for users of other peoples creations in Indonesia adhere to Article 27-29 of the Electronic Information and Transaction Law (ITE Law) and Article 43-50 of the Copyright Law which governs the principle of fair use. The results of the comparison of the regulation of Moral Rights in Indonesia, France, America, and Germany show similarities in regulation. The equation is a consequence of the ratification of the Berne Convention by meeting minimum standards of protection. However, there are fundamental differences due to the influence of state policy factors that consider copyright a derogable right (rights that can be reduced or restricted by the State). America is more focused on the principle of expediency by prioritizing the economic rights of the creator. In contrast to Indonesia, France, and Germany, where there is a balance between economic rights and the moral rights of the creator.

Keywords
right of integrity; freedom of expression; moral right; fair use doctrine

Topic
Law

Link: https://ifory.id/abstract/Ffhag6rxcdZH

Corresponding Author
Rizka M.H

Institutions
Fakultas Hukum
Universitas Muhammadiyah Surakarta
Jl. A.Yani Surakarta

Abstract
Digitalization of the economic field to welcome the era of industrial revolution 4.0 needs to be addressed intelligently so it is not harm the consumers and business actors through the transformation of consumer protection instruments into a more contemporary way. Currently, Indonesia has about 93.4 million Internet users and approximately 71 million users of smart phones which makes the internet and of course online transactions, as part of a lifestyle that is reflected through shopping behavior. The task of the State is to bring legal protection to consumers. Based on the consideration of actuality and urgency, to create the necessary level of certainty in business transactions and protect the consumer rights of e-commerce transactions the Government finally issued Presidential Regulation No. 74 of 2017. This regulation regulates the Electronic Road Based Electronic System Road Map (road map e- commerce). The Policy Package is intended to make Indonesia the largest digital economy in Southeast Asia by 2020. Legal protection is required in the form of law so that the state can provide a simultaneous and comprehensive legal protection of consumer rights in e-commerce transactions in the era of digital economy.

Keywords
Economic digitalization, legal protection, e commerce roadmap

Topic
Law

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

Corresponding Author
Sahat Maruli T Situmeang

Institutions
Universitas Komputer Indonesia

Abstract
Enforcement of the law for the perpetrators of environmental crime has been arranged in the form of sanctions as it has been contained in Law No. 32 of 2009 on the Protection and Environmental Management. Penerapakan sanctions for the perpetrators of environmental crime whether committed by individuals and carried out by the corporation can be implemented by means of administrative law, civil law or through criminal law. Of some sanctions that have been regulated in Law Number 32 of 2009 that the application should be through a thorough and careful assessment in accordance with the characteristics, objectives and benefits of the application of sanctions. This study aims to determine the effectiveness of a sanction, especially criminal sanctions to be imposed against the perpetrators of environmental crimes through normative juridical research method, namely by studying the principles of law that no one can be used as a guide for the implementation of laws that already exist. Through this study, the researchers have concluded that the imposition of sanctions that are considered most effective to be applied to the perpetrators of environmental crime and the enforcement of environmental laws, namely by means of administrative law with the form of sanctions to freeze and / or revoke the business license of each corporation committed environmental crimes.

Keywords
Environmental Crimes, Penalties Law, Environmental Law Enforcement.

Topic
Law

Link: https://ifory.id/abstract/4WhYHnxg6KCt

Corresponding Author
Febilita Wulan Sari

Institutions
Faculty of Law, Indonesia Computer University
Dipatiukur 102-116, Bandung 40132, Indonesia
febilita.wulan.sari[at]email.unikom.ac.id

Abstract
This study aims to find the implementation of the safety culture for pilots in the world of aviation in Indonesia, then how the actions that can be taken to fulfill flight safety are related to the safety culture pilot. The research method is analytical descriptive with a normative juridical approach then the data was analyzed qualitatively. The results study show that the implementation has not yet proceeded synergistically. Actions that can be taken to fulfill aviation safety related to the safety culture pilot, namely by exercising tighter supervision on the flight feasibility of pilots followed by efforts to socialization. Indonesia has received an effective value of extraordinary implementation in international audits, but this cannot be maintained continuously if there is no continuous supervision from the government and strict adherence to rules from pilots and airlines. Enforcement of the safety culture is not optimal due to lack of supervision related to the implementation of physical and psychological health standards from pilots according to international regulations. Fulfillment of aviation safety must follow the international provisions adopted by Indonesia, but this is in some cases not full implemented. Supervision and enforcement of unsustainable safety culture for pilots causes low the safety of aviation.

Keywords
safety culture, pilot, aviation safety

Topic
Law

Link: https://ifory.id/abstract/L2MHeyWFGuEz

Corresponding Author
Musa Darwin Pane

Institutions
Universitas Komputer Indonesia

Abstract
Black campaign interpreted as an attempt to fill certain positions, especially public office in ways that are not healthy, such as the spread of false news (hoaxes), provocations, insults and slander. Very obvious smear campaign had violated the law and ethics in campaigning, besides the use of black in a social media campaign has been very effective to bring down political opponents so that in the election campaign peggunaan black has violated the principles of fairplay / justice. This study aims to determine the ITE Law enforcement in tackling the black campaign with normative juridical research method that starts from the norms, principles and rules perundag existing law as a positive legal norms. The study concluded that the ITE Law enforcement in black campaign issues can be enforced.

Keywords
Black Campaign, UU ITE, Criminal Sanction

Topic
Law

Link: https://ifory.id/abstract/g93heyp8kTNP

Corresponding Author
Nugraha Pranadita

Institutions
Master of Law Study Program, Postgraduate School, Islamic University, Nusantara
Jalan Soekarno Hatta Number 530 Bandung 40286, West Java, Indonesia

Abstract
A potential area of space is an area that is above a country that is still free of power. Areas of potential space can be used limitedly by other countries that are geographically not below it based on the principle of spatial justice. Claims of power over a potential space area can be made by the state underneath it by law enforcement in the area in question. Law enforcement and mastery of space need to be done because space has economic value and is part of natures wealth that is limited in nature. The claim must be philosophically justified in order to have a scientific basis of legality. That is the purpose of this research. This research is a normative juridical research with a concept approach. The results of the study are the concept of mastery of a potential space region based on the perspective of Ibn Sinas ontology. The conclusion of the study that the claim of power over the existence of a potential space region can be justified based on the perspective of Ibn Sinas ontology.

Keywords
potential areas, space, concepts, and philosophy

Topic
Law

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

Corresponding Author
Lastuti Abubakar

Institutions
Universitas Padjadjaran (UNPAD)

Abstract
Sustainable development goals open opportunities for the issuance of Sukuk as an alternative sustainable financing instrument for infrastructure development in Indonesia. In line with the increased awareness to implemented the concept of sustainable development, a new investor market has emerged. The investor will only invest in investment instruments that are categorized as "green". Indonesia develops Green Sukuk to support the green infrastructure development that is based on the World Bank-s green bond model. Based on regulation, there are two main principles regarding the issuance of Green Sukuk: Sharia principles and policies as stated in the roadmap for sustainable finance in Indonesia also POJK No. 51/POJK.03/2017 regarding the Implementation of Sustainable Finance. Some potential projects that can be categorized as ‘green infrastructure- in Indonesia include power plants with renewable energy such as wind power, solar and geothermal energy, as well as mass transportations in big cities. Nowadays, Indonesia is a pioneer of the Green Bond issuance in the Southeast Asia region through the issuance of Green Sukuk. That amount to aproximately USD1.25 billion on March 2018. To optimize the Green Sukuk and create a global market, Indonesia is facing the challenges such as the stakeholders of the Ministry of Finance–as a Green Sukuk issuer–have not yet widely known Green Sukuk; steps to ensure that the project meets the criteria for green infrastructure, and regulations that support the issuance of Green Sukuk as well as the implementation of green infrastructure projects. Therefore, future initiatives are needed to make a Green Sukuk as an alternative financing and investment for green infrastructure development. By a means of green infrastructure development as a driver of a sustainable economy, Indonesia has become part of the countries striving to achieve sustainable development goals.

Keywords
Green Sukuk - green infrastructure - sustainable economic development.

Topic
Law

Link: https://ifory.id/abstract/RZT73xzHuhgV

Corresponding Author
Agus Miswanto

Institutions
Sharia Economic Law (HES)
Faculty of Islamic Studies (FAI)
Universitas Muhammadiyah Magelang

Abstract
This research was conducted because of the quite disturbing phenomenon in Indonesia, where many people often easily forbid everything without a strong legal argument, especially based on the scientific basis of fiqh and its ushul. Though the provisions of the Sharia must be read in the lens of fiqh and its ushul so that it produces the right and correct legal conclusions. This research is a literary study of the thoughts of a prolific Indonesian cleric, who wrote about the works of ushul fiqh in the early 20th century, Abdul Hamid Hakim. To parse his thoughts, the study uses Islamic legal philosophy approach; and for analysis using content analysis. From this research it was found that, the provisions of illicit must be based on the Quran and the Sunnah. According to him, that there are several rules (maxim) for the determination of illicit, namely: 1) the basis of the illicit is the prohibition in texts; 2) the illicit can be deduced by using the reverse logic of the nash command; 3) prohibitions are continuous, without time lag; 4) illicit is obtained because of the damage factor attached to an act; 5) Unlawful acts can give birth to other unlawful acts

Keywords
haram, fiqh scholars, fiqh, ushul fiqh, prohibition rules, makruh

Topic
Law

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

Corresponding Author
Evi Deliana

Institutions
Universitas Riau

Abstract
Riau is one of the provinces in Indonesia that borders directly with several ASEAN countries, besides that Riau has abundant natural resources and has the potential to manage to provide benefits for improving the welfare of the people of Riau, especially the local people. Almost all districts have the potential to find natural resources, such as coal, granite, kaolin and so forth, as well as plantation products such as oil palm, rubber and cocoa and various other investment potentials. After going through a long process, the implementation of the AEC (ASEAN Economic Community) cannot be resisted anymore and Indonesia must be prepared to face existing challenges, specifically in investment negotiations. The research method used is sociological legal research, and by using primary legal materials and secondary legal materials. The Riau Provincial Government has issued regional regulations aimed at encouraging investment in Riau, however, government regulations regarding other investments must be harmonious with the provisions of the AEC while taking into account national regulations and the interests and potential of the Riau Province.

Keywords
harmonization, investment, AEC, Riau Province

Topic
Law

Link: https://ifory.id/abstract/FVjzNn7829M6

Corresponding Author
Ratna Januarita

Institutions
(a) Faculty of Law
Universitas Islam Bandung
Bandung, Indonesia

(b) same as above

Abstract
Good corporate governance practice is a prerequisite in doing business in modern world, especially in industry era 4.0. Competition and rapid changing are the unavoidable challenges faced by industries. In order to cope with that critical circumstances, companies should keep developing and improving its entity to be more resilient, robust and agile. In terms of that, there are some initiatives to integrate the aspects of governance, risk management and compliance as the integrated GRC approach. This practice is becoming a common business platform in many sectors as its benefits were being taken by companies in the private sector. The practices are endorsed through mandatory-based by regulators or even voluntary-driven from the company. However, practices that against anti-corruption regime were also still occurred in some companies, such as fraud dealing with other companies or institutions in public sector. The lack and lax of law and regulation regarding anti-corruption in private sector contributes the undesired circumstances, includes unfair business practices, market inefficiency, legal uncertainty, etc. Hence, this paper aims to analyse the sufficiency of available law and regulations concerning with the anti-corruption in private sector. Moreover, internal and external approach towards effective good corporate governance through GRC perspective will be discussed including Islamic values. Recommendation on framework solution will be offered finally. This paper methodology will use normative juridical approach with descriptive and comparative analysis as the research specification.

Keywords
anti-corruption, GRC, governance, risk management, compliance, islamic values

Topic
Law

Link: https://ifory.id/abstract/CTEGnJmt6kB2

Corresponding Author
Tryas Titi Sari

Institutions
University of Darussalam Gontor

Abstract
Human Resources is one of the most important parts in improving the welfare of a community or region. If human resources are fulfilled with the ability to utilize what is around them, it will have a positive impact not only for themselves, but also for their environment. And to achieve this, it is necessary to carry out a movement or step that is able to empower the community as human resources to be able to find their interests and potential. Especially in Islam, Allah commands His servants to always strive to be more empowered and be able to achieve prosperity in his life. Therefore, the strategy that was adopted should be in accordance with Islamic teachings, where economic empowerment does not only lead to how to achieve material welfare, but how to obtain material and non-material welfare to achieve world and hereafter happiness.

Keywords
Economic Empowerment,Islamic Law, Human Resources

Topic
Law

Link: https://ifory.id/abstract/H9WQypVCjmE4

Corresponding Author
Hardin Hardin

Institutions
a) Law Study Program, Faculty of Law, Universitas Muhammadiyah Buton, Baubau, Indonesia
b) Department of Agribusiness, Faculty of Agriculture, Universitas Muhammadiyah Buton, Baubau, Indonesia

* indah.kusuma[at]umbuton.ac.id

Abstract
Settlement of traffic cases is usually through a litigation system, but now the possibility exists for a peaceful settlement provided that the perpetrators are children and the threat is under seven years in prison. This study aims to determine how the process of handling cases of criminal acts due to negligence resulting in accidents with minor injuries and to find out whether the factors that hamper the process of handling cases in negligence that cause traffic accidents with minor injuries based on Article 310 paragraph (2) Law Number 22 Year 2009 Concerning Road Traffic and Transportation. The method used in this study is empirical research. the principle of alternative dispute resolution is used because this principle is considered the most appropriate in handling traffic crimes that are still children. The inhibiting factors are the difficulty of witnesses to provide information to officers, Evidence or Evidence involved in traffic accidents when investigators arrive at the crime scene, bad weather or rain during a traffic accident have the potential to hamper the case process. The recommendation is for the public who directly witness the traffic accident to give their testimony so that the process of handling traffic cases can proceed as it should, human resources namely traffic accident investigation personnel should be added.

Keywords
Alternative Dispute Resolution, traffic matters

Topic
Law

Link: https://ifory.id/abstract/hPHr4MpZk3nu

Corresponding Author
Siti Ruhama Mardhatillah

Institutions
Faculty of Law, Universitas Islam Indonesia

Abstract
Command-and-Control (CAC) is a classic environmental protection instrument that many scholars told had never been effective nor efficient to reduce environmental damage. Hence, economic instruments (EI-s) becoming more popular since its ability achieving environmental target in more efficient way and providing financial incentive for those who have performance of environmental protection more than what-ve been targeted. Since then, EI-s are recommended by global institutions such International Monetary Foundation (IMF) and World Bank to be implemented in developing-countries including Indonesia. Recently, Indonesia has followed up what Indonesia environmental law act mandates by issuing Government Regulation Number 46 Year 2017 on Environmental Economic Instruments which only will be effectively implemented 7 years since then. However some scholars revealed that EI-s are not compatible for environmental protection of developing countries due to several required circumstances for effective EI-s implementation that are generally becoming the main constraints for developing-countries. This paper will examine about what the constraints and challenges are probably faced by Indonesia in attempting of EI-s implementation and relating such constraints and challenges with recent condition of Indonesia. The findings are insufficient capacities of government officers, corruption, and lobbying from interest groups becoming the main constraints, while the challenges are reforming several policies regarding incentive and disincentive such as the subsidy allocation for fossil fuel consumption and creating a new market for trading of emission permit.

Keywords
environment, economic instruments, constraint, challenges, Indonesia

Topic
Law

Link: https://ifory.id/abstract/b6W9hmk3qXnG

Corresponding Author
Yeti Sumiyati

Institutions
Bandung Islamic University

Abstract
Industrial safety and health are crucial in business activities. Almost all workers and employers, while this is still ignoring the problem of industrial safety and health. It is caused due to technical and economic factors. So, by ignoring it can lead to risks such as disability, financially even cause death. The forms of risk now suffered by the workers include shortness of breath, the danger in the eye, and complaints on the joints and bones. So how does create a risk that can be made of groups of craftsmen blacksmith, as well as how to support and awareness about the behavior of the safety and health of the industry from the Government and a group of craftsmen blacksmith? As for the method used is the sociological, juridical way down directly to the craftsmen of the blacksmith and the community to get the data and information. Thus the need for the support and awareness of the safety and health of the industry is very important both from the Government as well as the craftsmen of the blacksmith. In addition to reducing the risk of the safety and health of the industry required the existence of a Security Tool management Themselves

Keywords
Risk Management, Security Tool Management Themselves, Health Risks

Topic
Law

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

Corresponding Author
Dodik Setiawan Nur Heriyanto

Institutions
Faculty of Law, Universitas Islam Indonesia

Abstract
Cyber espionage employs computer network to gather illegal access to confidential information from government or certain organization. The advance development of technology acknowledges the sophisticated and illegal means of receiving highly confidential data or information for certain purposes that risk the national security of a state. However, international law is still silent to define and regulate cyber espionage especially at the time of peace. By applying the normative legal methodology, this study analyzes the current practices of cyber espionage in the 21st century and how far the international law could reach these illegal activities. This study concludes that the basic diplomatic norms shall be applied to cyber espionage. It strictly in contravention with the principle of non-intervention and sovereignty of a state. Moreover, this study proposed the international legal framework to regulate cyber espionage.

Keywords
Cyber Espionage, Regulatory Framework, Diplomatic Law

Topic
Law

Link: https://ifory.id/abstract/GMZmLDwfWd6A

Corresponding Author
Bambang Tjatur Iswanto

Institutions
Universitas Muhammadiyah Magelang

Abstract
Cases of internet abuse that ended in the domain of law such as the Prita case, the Jogja Ora Didol case, the Florence case became a foreign media attention. This study aims to analyze the application of judge made law by judges in solving internet abuse cases. The method used in this research is normative juridical with the statue approach and conceptual approach. This study uses primary legal material and secondary legal material consisting of Law Number 11 of 2008 concerning Information and Electronic Transactions (ITE Law), Law Number 48 of 2009 concerning Judicial Power, legal journals, and the doctrine of judge made law. Legal material analyzed then concluded in a descriptive qualitative. In-depth interviews were conducted with judges to support the analysis. The results showed that the absence of rules is not a reason for judges not to decide cases based on justice. The doctrine of judge made law confirms that judges also have the function to make laws - not just as a statute funnel. The strategy is carried out by making decisions into jurisprudence so that it is followed by the judges under it in the same case. The strategy will be effective and efficient if carried out with changes or making conventional laws and regulations.

Keywords
Judge made law; Internet Abuse; Substantive Justice

Topic
Law

Link: https://ifory.id/abstract/XGNKtk3ygdfq

Corresponding Author
Puji Sulistyaningsih

Institutions
Faculty of Law, Universitas Muhammadiyah Magelang
*pujisulistyaningsih[at]ummgl.ac.id

Abstract
Government Regulation No. 42/2007 concerning Franchising regulates that franchise business activities should have the characteristics of a business. In Indonesia, there is a phenomenon that the name of a retailer franchise is the same as the label of the display product. This condition gives a perception to the public that the retailer is engaged in services as well as producing goods. This study aims to analyze the model of franchising activities that sell the same product with the name of the retailer franchise. Based on the provisions of Law Number 20 of 2016 Regarding Trademark and Geographical Indications (Trademark Law), there are no restrictions as long as they have distinguishing features, other than that the same mark can also be used on different types and classes of goods as long as the designation/object is different. Also, Government Regulation No. 42/2007 concerning Franchising does not clearly regulate the franchise model. This research is normative juridical research. The research specifications are descriptive analysis. Data collection techniques using literature study and data analysis is done deductively. The results showed that in the Regulation of the Minister of Trade of the Republic of Indonesia concerning Guidelines for the Arrangement and Development of Traditional Markets, Shopping Centers and Modern Stores allow minimarket franchises to sell goods with the same brand with the name of the retailer with the following provisions: (1) prioritizing local SMEs in conducting partnership cooperation; (2) establishing product operational standards; (3) pay attention to consumer rights; and (4) repacking with a percentage of 15% of the total goods at the outlet. The government is expected to become a facilitator between SMEs in the regions and the franchisor to create prosperity and promote SMEs in the regions.

Keywords
Trademark; Similar Labelling; Retailers Brands

Topic
Law

Link: https://ifory.id/abstract/Ceu6Tnbc9P2f

Corresponding Author
RINI FIDIYANI

Institutions
Faculty of Law, Semarang State University,
Student of Doctoral Law, Sebelas Maret University

Abstract
The era of disrupti is almost experienced by every individual and society that is driven by information technology in meeting the needs of life. One of them is social media that surrounds every aspect of individual and community life. The purpose of this study is to explore and uncover legal movements in dealing with the post truth paradigm in social media, specifically targeting teachers in vocational high schools in the city of Purwokerto and the use of appropriate cultural approaches to contribute to the resolution of social media disputes. The research method used in the study of doctrinal and non-doctrinal law with anthropological approach to law. The results obtained by each dispute have a variety of weight and each dispute, especially social media. The study of legal anthropology views that the resolution of legal disputes is not singular and absolute opportunities are still open for various patterns of dispute resolution in social media as part of the legal form tangible and itangible. Settlement of disputes with social media can be pursued with the first alternative being to avoid each other, secondly; interact physically by reprimanding the perpetrator of the victim according to the culture of the third local community; request third party assistance, fourth; school leaders limit the movement of perpetrators who are proven to be troubling. The first conclusion is that the legal movement in social media is always active-dynamic and melts, especially interactions between the second netizens; cultural approach according to the character of the local community

Keywords
law movement, social media, dispute resolution

Topic
Law

Link: https://ifory.id/abstract/F8qYHNDhCVeP

Corresponding Author
Hetty Hassanah

Institutions
Department Of Law, Faculty of Law, Universitas Komputer Indonesia

Abstract
This research aims to find out the legal aspects related to digital signature authentication in e-commerce. The research method used is the normative juridical approach method and the resulting data were analyzed qualitatively juridical. The results obtained are that digital signatures have an important role in the validity of contracts in e-commerce. Based on the legal analysis conducted, the conclusion of this research is that digital signatures that are certified or not certified are recognized by law and have legal force, provided that the identity of the signatory and all processes of signing are known, however the use of digital signatures can also lead to legal problems. The impact of the research that has been done can provide an understanding related to the use of digital signatures, especially in e-commerce, so that people can be more careful in using these digital signatures.

Keywords
E-commerce, Digital Signature, Legal Aspect

Topic
Law

Link: https://ifory.id/abstract/A9wbmV6UNjtT