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Abstract Topic: Philosophy of Law

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IMPLEMENTATION OF THE IDEOLOGY OF WELFARE STATE IN THE 1945 CONSTITUTION AGAINST PROPERTY RIGHTS TO LAND FOR EVERY CITIZEN
RJ Agung Kusuma Arcaropeboka; Januri

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Corresponding Author
Rj. Agung Arcaropeboka

Institutions
Faculty of Law Universitas Sang Bumi Ruwa Jurai
doktorrajaagung14[at]gmail.com.

Abstract
The Indonesian constitution that makes the concept of a welfare state currently open. It is nothing but conformity with the context and reality of the ability of the Indonesian nation to prosper every citizen, as the ideals of the founders of this nation. Country Objectives "Advancing public welfare" based on the principle of "social justice for all the people of Indonesia" where one of the constitutional mandates that are the basis of the implementation of national development in agrarian law must be governed in the form of policies or regulations, this is very useful to accelerate the process of granting rights property on land in citizens. In the current global economic development, Land is one of the basic rights that must be fulfilled by the state to every citizen, and to fulfill it is very complex. Where every person or citizen definitely needs land, both as a place of residence and place of business. In addition, by increasing the population, the increasing need for land, especially property rights, while the broad scope of land in the territory of Indonesia is limited and remains in other words unchanged. The data needed in the writing of this study, obtained through field research and library research, was carried out by reading books, legislation, and reading related to this research while field research was conducted obtained through the results of interviews with several informants related to this study , The results of this study have since been implemented by Presidential Instruction Number 2 of 2018, concerning a complete systematic land registration program (PTSL), and are provided free of charge to citizens who fulfill the criteria in legislation, this is the implementation of the land registration program as mandated by Law No. 5 concerning the Agrarian Principles. In addition, it shows one form of government responsibility towards its citizens, in order to obtain legal certainty, as well as provide maximum welfare for every Indonesian citizen.

Keywords
Welfare State, Social Justice, Regulation, Property Rights on Land.

Topic
Philosophy of Law

Link: https://ifory.id/abstract/Zh8LxaRTkVvm


LEGISLATION BEHAVIOR: DRAFT REGIONAL REGULATION CULTURAL HERITAGE OF KUTAWANGI AND THE PATTERN OF ECONOMIC RATIONALITY
Teddy Asmara, Elya Kusuma Dewi, Abdul Wahid

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Corresponding Author
Teddy Asmara

Institutions
Fakultas Hukum, Universitas Muhammadiyah Cirebon
Jalan Tuparev Nomor 70 Cirebon, Jawa Barat 45153, Indonesia

Abstract
Abstract This study reveals the reflection dynamics of the way of thinking of the actors involved in the process of forming legislation in Kutawangi. The goal is to identify the perception of subjective reality (economic rationality) of the perpetrators. Intrinsic case study data on the design of cultural heritage regional regulations and instrumental case studies of other laws and regulations are extracted and analyzed by ethnographic methods. The results of interpretive analysis lead to three discussion themes in this study: (1) the subjective obedience of the principals; (2) the potential for patterning economic rationality; and (3) the impact on the quality of the academic paper draft legislation. These three themes are significant to understand the reality of the legislative process and as an empirical material for policies to optimize the formation of better legislation.

Keywords
Behavior of Legislation, Economic Rationality, Quality of Academic Texts

Topic
Philosophy of Law

Link: https://ifory.id/abstract/B4YVkApx7Ncy


MARRIAGE BANS ON PLACE TO STAY IN KEBUMEN "COMPARISON STUDY OF COMMON LAW AND NATIONAL LAW"
AYU PURWANINGSIH & ILHAM YULI ISDIYANTO, SH, MH.

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Corresponding Author
ILHAM YULI ISDIYANTO

Institutions
FACULTY OF LAW UNIVERSITAS AHMAD DAHLAN

Abstract
In the Java community there are some specific rules that apply in the case of marriage of the existing regulations, including the prohibition of marriages based on residence (home) adjacent. So that life can be lived marriage to last, not encounter many trials, and was filled with happiness. This leads to things that are not desirable, whether it is direct or indirect. Both offenders, families and surrounding communities. Legal prohibition of marriage has a close relationship with religion, beliefs, and certain customs and can not be separated from state regulations such as the 1945 Constitution, Article 18B, Law No. 1 of 1974, Law No. 6 of 2014 on the village. Therefore, the problem in this research is the First, how the views of national law to ban marriage as based on residence? Second, how do the comparison and construction of the views of national and customary laws to the prohibition of marriage based on residence? This study is Normative-Empirical, with primary data source and as well as data and secondary primary law, then analyzed by qualitative descriptive with prescriptive purpose. The study concluded that, in truth the legal prohibition of marriage based on residence not explicitly regulated by national law, but national law is open to the enforcement of customary law is still relevant.

Keywords
Prohibition of Marriage, Customs, and National Law

Topic
Philosophy of Law

Link: https://ifory.id/abstract/TYfPcGy2hK8Q


Morality as legal issue on Indonesia Facing Asean Economic Community
Supeno

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Corresponding Author
Supeno Supeno

Institutions
Faculty of Law Batanghari University

Abstract
Abstract-The purpose of this research is to know main legal issue in Indonesia and resource of moral in Indonesia in facing to Asean Economic Community (AEC), the research is analytical descriptive method using qualitative approach case law. The result of research are the main legal issue in Indonesia is morality, several moral issue in Indonesia are goodfaith, honest, and responsible, the resource of morality Indonesia extracted from religion, religion has the basic values of intrinsic and universal truth, has a value of truth that is undoubted because the truth comes from of God, has universal truth it applies to all mankind and is naturally acceptable by mankind. Morality as modal to developing national law in facing the Asean Economic Community (AEC), in this research any several opinion to overcome this problem can do to improve of moral issue to reach of believing or trust from other state the members of Asean Economic Community (AEC) for implementation Asean Economic blueprint in Indonesia.

Keywords
Asean Economic Comunity, moral issue, resource of moral

Topic
Philosophy of Law

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


Morality as legal issue on Indonesia Facing Asean Economic Community
Supeno

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Corresponding Author
Supeno Supeno

Institutions
Batanghari University

Abstract
MORALITY AS LEGAL ISSUE ON INDONESIA FACING THE ASEAN ECONOMIC COMMUNITY (AEC) Supeno FAKULTY OF LAW BATANGHARI UNIVERSITY JL. SLAMET RIYADI BRONI JAMBI Email: msasyabani@gmail.com ABSTRACT The current trend in international trade is growing rapidly, along with these developments, the problems occurring in trade transactions are also increasing on the other hand the disputes arising in international trade are also increasing, under such conditions it is necessary to have attempt and legal role to overcome international trade issues. The declaration on the ASEAN as ASEAN Economic Community (AEC) have 5 (five) concentration sectors economic Community fully integrated into the global economic by free movement of goods, services, investments as well as free flow capital and skill. Indonesia unable in business competiton if Indonesia not serious in facing ASEAN Economic Community (AEC), Indonesia must self-improve including to repairing legal issue. The main legal issue in Indonesia is morality, morality related trust states/nations else, therefore good solution should be done. Moral value of Indonesia extracted from religion and culture, morality as modal to developing national law in facing the ASEAN Economic Community (AEC), to reach trust from international, Indonesia must self-improve to repairing that legal issue. Keyword: AEC, morality, solution

Keywords
AEC, morality, solution

Topic
Philosophy of Law

Link: https://ifory.id/abstract/fhFcz9Bx2mp4


URGENCY VILLAGE MEDIATION INSTITUTIONS IN ACCESS TO JUSTICE FOR COMMUNITIES.
Wahyudi Kurniawan, S.H., M.H.Li ¹), Ilham Yuli Isdiyanto, S.H., M.H. ²), Muhammad Luthfi, S.H., S.Sy., M.H. ³)

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Corresponding Author
Wahyudi Kurniawan

Institutions
¹) Faculty of Law, University of Muhammadiyah Malang, ²) Faculty of Law, Ahmad Dahlan University, ³) Faculty of Law, University of Muhammadiyah Malang.

Abstract
The rapid development of rural communities will eventually give rise to disputes that can lead to disharmony in the lives of these people and even the life of the nation and state. The legal dispute resolution process in Indonesia has two choices, namely through litigation and non-litigation channels. Mediation is one way to resolve disputes through non-litigation channels. Village communities with various characteristics often face problems in the process of resolving the dispute. The role of village government in resolving disputes is certainly very important in providing access to justice for the community. In providing access to justice for its citizens, the birth of village mediation institutions formed by the village government is a very good idea. The problems discussed in this study, first, why is it necessary to create a village mediation institution in the context of access to justice for the community?; second, what are the advantages and disadvantages of the birth of village mediation institutions? The above problems are analyzed with the framework of the theory of dispute resolution, the theory of legal effectiveness, alternative dispute resolution. The purpose of this study was to find out, identify and evaluate the importance of village mediation institutions in the context of access to justice for the community and look for the advantages and disadvantages of the birth of village mediation institutions. Through the village mediation institution, it is expected to be able to produce dispute resolution that is more effective, efficient, maintain good relations and be family-like as the characteristics of the village community in general.

Keywords
Village Mediation Institutions, Dispute Resolution, Access to Justice

Topic
Philosophy of Law

Link: https://ifory.id/abstract/nGHU68q9YLwz


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