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Riau Annual Meeting on Law and Social Sciences (RAMLAS 2019)

Event starts on 2019.11.06 for 2 days in Pekanbaru

http://ramlas2019.confglobal.org | https://ifory.id/conf-abstract/FrRnwACZQ

Page 1 (data 1 to 30 of 65) | Displayed ini 30 data/page

Bertih Pisang"in Riau Malay Tradition as an Alternative for Resolving Criminal acts
ferawati

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Corresponding Author
ferawati ferawati

Institutions
Fakultas hukum Universitas Riau

Abstract
This research is focused on the model of the settlement of criminal acts according to the customary law of the Riau Malay Community which is known as the "Bertih Pisang". The purpose of this study is to contribute to law enforcement officers (police, prosecutors and judges) in resolving criminal acts that occur in the community, which cannot be resolved through formal justice other than that the results of this study are also expected to provide solutions so that law enforcement officers in making decisions does not only focus on the perpetrators of criminal acts but must also pay attention to the interests of the victim. This type of research is normative-empirical legal research. The results of this study conclude that, (1) Settlement of criminal acts through formal justice and using positive law has weaknesses because the orientation in punishment is more focused on the perpetrators so that the suffering or loss of victims is ignored. (2) the application of Malay customary law through " bertih Pisang" in resolving criminal acts always considers the interests of victims and the interests of the community, so that the sanctions imposed are not only useful for the perpetrators but also useful for the recovery of the suffering or loss of victims and the wider community.

Keywords
Crime; Customary law ; Malay

Topic
Criminal law

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


COMMUNITY LOCAL WISDOM KAMPAR SUSTAINING EFFORTS IN RIMBO SEVEN LAKE AS ONE OF THE ASSETS OF MALAY CULTURE RIAU
DASROL , MARYATI BACHTIAR

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Corresponding Author
Dasrol Dasrol

Institutions
Faculty of Law, Riau University

Abstract
ABSTRACT Rimbo Forest Seven Lakes in Buluh Village is a Tourism Village located in Siak Hulu District Kampar regency (Riau) To get to the tourist sites in the State of Six Tanjung Chinese Reed Village, we can travel as far as 21 km from downtown Pekanbaru. Forest Rimbo Seven Lakes is one of the Customary land that has the potential for ecotourism activities. As the name implies in this forest there are 7 lake lakes: Lake Pinang Luar, Lake Pinang Dalam, Lake Tanjung Putus, New Lake, Lake Tuok Tonga, Lake Tanjung Balam, Lake Buntal

Keywords
Local Wisdom, Assets, Malay Culture

Topic
Law and Local Wisdom

Link: https://ifory.id/abstract/mMqDP4pcXQe8


COMMUNITY PARTICIPATION IN DEVELOPMENT OF TOURISM IN THE RUPAT ISLAND OF BENGKALIS DISTRICT
Meyzi Heriyanto, Adianto dan Hasim As-ari

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Corresponding Author
Meyzi Heriyanto

Institutions
university riau

Abstract
The homeland of Malay with the charm of tourism has become a movement of Riau Provinces efforts to develop and innovate tourism in Riau. Tourism potential in the coastal region of Riau Province is located on Rupat Island, Bengkalis Regency. Rupat Island has a lot of natural charm that is still beautiful and still natural, the beach scenery with a panoramic view of white sand beaches that can captivate the visitors. Rupat Island still has many beaches that have not yet been explored, so cooperation from all parties is needed to develop including the community. The ability of the community to participate in exploring the tourism potential in their region will have a socio-economic impact on the community in the surrounding area. The purpose of this study was to find out and analyze community participation in tourism development in the coastal area of Rupat Island, Bengkalis Regency. This study uses qualitative research with a case study approach. The informants in this study were the Village Head at the location of the tourist attraction and the community. Data collection is done by interviews and field observations. After data and information are collected through data source triangulation techniques, it will be processed, analyzed, interpreted and drawn conclusions. The results of the study found that community participation in tourism development in the Rupat Coastal Area of Bengkalis Regency was still not optimal. This means that community participation will grow if the tourist sites owned are supported by good road infrastructure. Whereas community participation will be low if the tourist location owned is not supported by good road infrastructure. The limited media and forms of promotion so far contribute to the impact of tourism that runs only seasonally, so that ongoing participation is also seasonal.

Keywords
Community Participation, Tourism Development and Tourism Policy

Topic
Social Science

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


CONCEPT OF INDIGENOUS FOREST MANAGEMENT IN THE AREA OF POWING LAKSAMANA RAJA IN THE SEA IN BUKIT DISTRICT, BATU DISTRICT, BENGKALIS DISTRICT
muhammad A. Rauf

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Corresponding Author
muhammad arauf rauf

Institutions
University of Riau

Abstract
Customary forest is a new history in forest management in Indonesia. Since the beginning, Indonesia has established the protection and management of forest areas, especially those relating to the rights of indigenous peoples, which has its own problems where indigenous peoples must struggle to balance the policies of State regulations in the field of forestry and natural resource management. Long before Indonesian Independence, indigenous peoples units were recognized along with their traditional rights as long as they were still alive and in accordance with the development of the community. The history of Grandfather King Admiral in the Sea is widely known by the people of Indonesia where his tomb is now in the Bukit Batu area, precisely in the village of Sukajadi. In the past Datuk Laksmana Raja in the Sea had a wide enough territory even the King had full control over his territorial territory including in matters of management of rights to land or forest products, but after the formation of the Unitary Republic of Indonesia and the transfer of sovereignty in the State these conditions changed the structure and governance structure of the State including the recognition of Indigenous Rights. Then what is the condition or status of the recognition of rights to customary forests in the Datuk Laksmana Raja in the Sea and how is the form of management of customary areas / territories carried out at the present time. This study uses a sociological legal research method in which the data collected at the research location is processed and analyzed with sentences linked to the theories the researcher presents. From the results of the study it can be concluded that the recognition of Indigenous forests in the Territory of the Raja Datuk Laksamana Raja in the Sea is based on the historical approach inherent as a power during the time of the Raja or Datuk Laksamana in power whose management is then continued by his descendants. current customary forest management in the Datuk Laksamana Raja in the Sea region is very partial and has not been followed by clear tools as the mechanism for determining customary forests by the state so that the status of these customary forest rights creates uncertainty in the community.

Keywords
Customary Forest, Datuk Laksamana

Topic
Law and Local Wisdom

Link: https://ifory.id/abstract/tREBfQpUjuF9


CONSTRUCTION OF WAQF ISTIBDAL REGULATIONS FOR EMPOWERING NON PRODUCTIVE WAQF IN INDONESIA
Abdur Rohman, Mohammad Ali Hisyam, Ridan Muhtadi, Nur Rachmat Arifin

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Corresponding Author
Ridan Muhtadi

Institutions
Universitas Trunojoyo Madura
STAI Miftahul Ulum
Universitas Airlangga

Abstract
The Indonesian Waqf Board (BWI) released the number of waqf land in Indonesia reaching 4,359,443,170.00 square meters or 287,160 hectares spread over 435,768 locations throughout Indonesia. While the amount of waqf property has not been maximized, then it is needed a way to optimize the properties of waqf by way of Istibdal. The purpose of this study is to answer the problem of how istibdal waqf regulatory system in Indonesia and how is the model of the waqf feasibility management for economic empowerment. This research uses descriptive qualitative juridical methods, which are then analyzed using the provisions of Islamic law and provides a model for the management of the endowments of empowerment. The results of the study concluded that the application of the waqf land is in accordance with the pillars and conditions of waqf and management. The eligibility of the waqf land is in accordance with Islamic law and Law No. 41 of 2004 concerning representation which states that the transfer of waqf land is permissible if it is in the public interest. Researchers are inclined to the opinion of Hanafiyah schools that allow ibdal and istibdal with consideration that maslahah and ibdal may be done by anyone either by his own waqif, others or judges.

Keywords
Regulation Construction, Istibdal Waqf, Economic Empowerment.

Topic
Islamic Law

Link: https://ifory.id/abstract/72JuLrwtAxgj


CRIMINAL CORRUPTION MEASURES IN THE LOW OF STATE FINANCIAL REALIZATION
Tengku Arif Hidayat

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Corresponding Author
Tengku Arif Hidayat

Institutions
Faculty of Law Universitas Riau

Abstract
In the development of law enforcement in Indonesia recently that massive against corruption began the results. However, in the past few years the total absorption of budget revenue and expenditure and areas in Indonesia is far from optimal, it is regarded as an obstacle in the development and future development of Indonesia. Many obstacles to the absorption of the budget should certainly be able to be overcome by the government, because if these obstacles can lead to decreased left its forecast for economic growth in Indonesia. One is considered a bottleneck in the budget absorption it is the fear of the stakeholders at the regional and central levels in running projects that have been planned, fears the policy makers is because the officials of power holders are afraid to take that step would later in connection with the acts of corruption.

Keywords
Reformulation - Crime - Corruption - Absorption - Finance - State

Topic
Criminal law

Link: https://ifory.id/abstract/rR7bzkXK83Tv


CRIMINAL RESPONSIBILITY OF KEY DUPLICATE MAKERS IN PEKANBARU CITY IN THE EVENT OF CRIME USING THE DUPLICATE KEY
ERdianto Effendi (a), Davit Rahmadahan (b)

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Corresponding Author
Erdianto Effendi

Institutions
Fakultas Hukum Universitas Riau

Abstract
In criminal law, there are three main issues which become the scope of criminal act, criminal liability or sanctions. Not all actions proven by the elements can cause the offender to be convicted if he cannot be blamed so that criminal liability cannot be held. In practice many cases involving people in good faith are also held responsible for the crime. One of them is the makers of key duplicates. Empirical duplicate key makers are very much needed by the community, but they are not infrequently involved in criminal cases when the perpetrators who use their services use duplicate keys that they make to commit crimes, especially theft. By using empirical juridical research methods, it is concluded that (i) duplicate key makers are aware of the possibility that their duplicated keys are misused by others, so they continue to apply the precautionary principle in serving consumers, (ii) however, legally they are not can be accounted for unless it can be proven intent to participate in being part of a theft syndicate

Keywords
criminal liability, duplicate key

Topic
Criminal law

Link: https://ifory.id/abstract/BxHbd9AV6eQ2


CRIMINOLOGY STUDY ON THE CRIME OF MURDER KILDS WHICH WAS CONDUCTED BY BIOLOGICAL MOTHER
Ilhamd Wahyudi

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Corresponding Author
Ilhamd Wahyudi

Institutions
University of Lampung

Abstract
The act of a mother who kills her child is a crime that needs serious attention, because if viewed from a legal standpoint it violates the law and is an act of violence, while in terms of religion and the norms that exist in the social order are also very conflicting, the focus of the study in this study related to the factors that cause the killing of children committed by biological mothers and how to deal with the crime of killing committed by biological mothers against biological children. The method used in this research is empirical juridical namely the results of this study ultimately provide an answer that there are two factors causing the killing of children committed by biological mothers namely first there are internal factors namely the causes of crime originating from within the perpetrators, one of which is a crime that more emphasis on psychological elements, this emphasizes psychological caused by mental disorders. The second factor that causes the crime of murder against biological children is external factors, namely factors originating from outside the perpetrator such as the environment around the perpetrator that causes the perpetrators to commit murder. In addition, efforts to tackle infanticide can start from ourselves, the family and the environment, holding fast to religious teachings is an absolute thing that must be taught to children even since they are still at a very young age. Prevention and prevention efforts against the crime of infanticide by biological mothers, is one of the best solutions to resolve these problems.

Keywords
Criminology, Crime, Murder, Children.

Topic
Criminal law

Link: https://ifory.id/abstract/j4Pr83tqWcXa


Dispute Resolution by Customary Functionaries in Riau Province
Ulfia Hasanah (a*) Hayatul Ismi (b) Rika Lestari (b) Rahmad Hendra(c) Meriza Elpha Darnia(d)

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Corresponding Author
Ulfia Hasanah

Institutions
a)law faculty, Riau Univercity
Jalan Pattimura 9, Pekanbaru, Indonesia
ulfia.hasanah[at]lecturer.unri.ac.id

Abstract
As the community develops, the ratio of the number of cases that must be resolved by the court is increasingly out of proportion to the capacity and ability of the court to receive, examine and decide on the cases that enter. Cases handled by the Supreme Court in the period January to October 2016 were 16,012 cases. This number consists of the remaining cases in 2016 as many as 2,357 cases and cases received in that period as many as 13,655 cases. For indigenous peoples, disputes that have been settled have been resolved for a long time through consultation through adat institutions. In the community other than Positive Law there are also known Customary Laws which are followed by generations from generation to generation. This customary law is known as Customary Law. Indonesian traditional law is the embodiment of Indonesian culture. Customary law rests on the mindset of the Indonesian people which is not the same as the mind set in the western legal system or other legal systems. The existence of this customary law also has an influence on the existence of Settlement of disputes in the community based on customary law, the values of which are based on the view of life adopted by the community itself. In Rau Province there are indigenous people who still preserve the use of customary law, especially in relation to dispute resolution. These areas include the Indigenous people of Kampar, Siak, Bengkalis. This type of research will be used is sociological legal research, namely empirical studies to find theories about the process of occurrence and about the process of working of law in society based on applicable laws. From the results of the study it can be seen that there are areas that are still very strong in holding their customs, and there are also areas that are loose in using customary law, and tend to use positive law in dispute resolution. The types of disputes resolved through adat, almost all disputes, such as customary disputes and disputes in general such as land boundary issues, customary marital problems, fighting problems. Sociologically, adat institutions are recognized by the community and become a priority in managing and solving all problems in the community. Settlement through adat institutions is more effective, because an adat institution grows based on values that live in the community and have been recognized and adhered to for generations. In settling this dispute the pattern used by the community is a combination of mediation and arbitration patterns.

Keywords
Dispute resolution, Customary Functionary, Riau

Topic
Law and Local Wisdom

Link: https://ifory.id/abstract/ErTh8jF9YXu2


Enforcement for Environmental Crime Through the Establishment of the Commission for Crime Against The Environment
Dr Herman, SH, LLM and Dr Muh. Sjaiful, SH. MH

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Corresponding Author
Herman SH

Institutions
Faculty of Law, Halu Oleo University

Abstract
Environmental damage in Indonesia has reached the most alarming level. Data shows that until September 11, 2019, the Agency for Climatology and Geophysics Meteorology, in September 2019, there were 1,211 hotspots as the cause of forest and land fires spread across various regions of Sumatra. In addition, 77 hotspots in Bangka Belitung Province were detected, West Sumatra and Riau Islands each with 11 points, North Sumatra with 10 points and Bengkulu with one hot spot. The other environmental damage, which is also a phenomenon in Indonesia, is a pile of garbage that pollutes the waters of the sea, illegal fishing using bombs that impact the destruction of coral reefs and marine biological resources, as well as illegal logging which results in erosion that damages the environment. Environmental damage is generally caused by human behavior which can be held liable according to environmental law in Indonesia. The existence of environmental criminal sanctions to provide a deterrent to environmental offenders in Indonesia, is currently not effective enough. In this connection, in the context of combating crime against the environment, it is necessary to establish a commission that has legal authority to conduct legal proceedings against perpetrators of environmental destruction in Indonesia. The commission is the Commission for Crime Against The Environment. This paper will outline the urgency of the Commission for Crime Against the Environment, as a criminal law enforcement agency in Indonesia in dealing with crimes against the environment. The existence of this commission, can be the only institution to seriously investigate who are the main actors of environmental damage in Indonesia, as one of the strategic efforts to create a good environment for the people of Indonesia and to realize sustainable development with environmental insight.

Keywords
Crime of Environment, Environmental Damage, and the Commission for Crime Against The Environment

Topic
Criminal law

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


GENDER JUSTICE REFILOSOPHY IN THE MIDDLE OF INDIGENOUS PEOPLE IN THE DISTRICT SIAK SRI INDRAPURA
Dessy Artina

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Corresponding Author
Dessy Artina

Institutions
UNRI

Abstract
GENDER JUSTICE REFILOSOPHY IN THE MIDDLE OF INDIGENOUS PEOPLE IN THE DISTRICT SIAK SRI INDRAPURA Dessy Artina Faculty of Law, University of Riau UR Gobah Campus, Jalan Patimura No. 9 Pekanbaru echie_chay@yahoo.co.id Abstrak Adat in the Kingdom of Siak is a tradition based on Islamic Sharia called adat based on syariah, and syarak is based on Kitabullah. For the Siak Malays, the so-called Malays are Malays, Malay-speaking and Muslim. So the customs and culture breathe Islam, if someone converts to Islam then he is called a Malay. The traditional foundation of Malay in Siak Regency Sri Indrapura goes hand in hand with gender justice, which is guided by Islamic law. There is no difference between men and women who have many acts of worship, so that is a great reward without having to look and consider their gender first. Both have the same potential and opportunities to become ideal servants. For this reason, in this proceeding we will discuss how is the gender justice philosophy in the middle of the Malay indigenous community in Siak Sri Indrapura Regency? The method used by the author is juridical normative law which is also called doctrinal law research using the criteria of legal history. This proceeding is descriptive in nature, which means to provide a detailed, clear and systematic description of the problem of the main problem. In drawing conclusions using the deductive thinking method. Websters New World Dictionary states that gender is defined as the visible difference between men and women in terms of values and behavior. Hilary M. Lips defines gender as cultural expectations of men and women (cultural expectations for women and men). This opinion is in line with the opinion of feminists, such as Lindsey who considers all the provisions of society regarding the determination of a person as male or female is included in the field of gender studies (What a given society defines as masculine or feminine is a component of gender). However, if we do a review or refillosophy, then gender justice in the indigenous Malay community in Siak Sri Indrapura District has been realized, there are no differences between men and women, there is no discrimination and oppression, including sexual discrimination, skin color, ethnicity and others. Keywords: Refillosophy - Gender Justice - Malay Indigenous People in Siak Sri Indrapura Regency

Keywords
Refillosophy - Gender Justice - Malay Indigenous People in Siak Sri Indrapura Regency

Topic
Criminal law

Link: https://ifory.id/abstract/ZJGKxvWymeM7


Guidance for the Community Related to the Protection of the Rights of Food Consumers as the Application of Law Number 8 of 1999 concerning Consumer
Riska fitriani, maryati bachtiar, emilda firdaus Email: riska.fitriani@lecturer.unri.id

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Corresponding Author
Riska Fitriani

Institutions
Riau university

Abstract
The number of goods and services products is strongly influenced by technological developments and the complex needs of the community in various ways business actors to promote and trade systems. This development can provide benefits to consumers to meet all their needs and freedom in choosing the type and quality of goods and / or services needed. According to Article 1 Number 2 Consumers are every person who uses goods and / or services available in the community, both for the sake of themselves, family, other people and other living beings and not for trading There are a number of things that need immediate attention in government responsibility, before further conditions and the position of consumers as users of goods and / or services are getting weaker and there is no balance between business actors and consumers who only exploit consumers for trade and gain profits. as big as possible, so that consumers need to be smart in choosing food to be consumed as mandated by the law. So it is very necessary to deliver information to consumers to be careful in consuming products such as goods and services, in accordance with the standards for eligibility for consumption. One of the efforts undertaken is to provide community service in the form of outreach and legal outreach relating to the Development of the Community Related to the Protection of the Rights of Food Consumers as the Application of Law No. 8 of 1999 concerning Consumer Protection. This article is the Result of Community Service The type of research that will be used is sociological research, which is to find out the implementation of legal counseling relating to community development related to the importance of being an active consumer in paying attention to products consumed before misuse of opportunities by business actors for the substances contained or products circulating is endangering consumers in general if consumed. The development of consumer needs is not always followed by the level of consumer awareness of their rights so that many still do not know the rights of consumers. One reason is the lack of consumer attention to the condition of goods that are feasible or not consumed. Therefore, the law protects consumer rights and is expected to be a strong legal basis for government and non-governmental organizations to empower consumers through coaching and educating consumers. Of course, it is highly expected that the existence of Law Number 8 of 1999 concerning Consumer Protection can protect consumer rights and be followed by government responsibility. So the need for protection of consumers as stipulated in Article 3 of this law. There are a number of things that need immediate attention in government responsibilities, before further conditions and position of consumers as users of goods and / or services are getting weaker and there is no balance between business actors and consumers who only exploit consumers for trade purposes and gain profits that as much as pos

Keywords
Keywords: Protection, Rights, Consumers

Topic
Private / Contract Law

Link: https://ifory.id/abstract/7xK6XUrTwRm2


How Democracy Support Welfare (Case Study : Indonesia Under SBY)
Iing Nurdin

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Corresponding Author
Iing Nurdin

Institutions
Universitas Jenderal Achmad Yani Cimahi Bandung

Abstract
This study focuses on analyzing the relationship between democracy and human development IN Susilo Bambang Yudhoyono Era. The important issues examined are to explore and explain the factors of legitimacy of democracy, and their impression of human development in Indonesia. Democracy in this study is considered as an independent variable, while human development is a dependent variable that relies on indicators of human development index. This study uses a qualitative approach supported by quantitative data, using purposive sampling techniques, and triangulation data collection techniques. The findings of this study, first, Indonesia have generally succeeded in strengthening the democratic political system, although there is still much dissatisfaction with the performance of a poor democratic institution. Secondly, democratic transition process in Indonesia tends to move forward, but still continues to position Indonesia in procedural democracy category, but has not yet reached the substantive democracy. Thirdly, during the administration of Susilo Bambang Yudhoyono there was an increase in the achievement of the human development index marked by an increase in the level of public education, health and purchasing power of the community, but could not eliminate the overall poverty and create an increasing gap between rich and poor.

Keywords
Democracy, welfare, reformation era, human development index

Topic
Social Science

Link: https://ifory.id/abstract/zDK7BQy9UrgF


INCONSISTENCY OF LAW OF LAND PROCUREMENT FOR MINING IN FOREST AREAS
Ardiansah dan Rudi Khairul

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Corresponding Author
Ardiansah Ardiansah

Institutions
Universitas Lancang Kuning

Abstract
Many laws governing mining have resulted in inconsistency of law regarding land procurement in the mining sector. Inconsistency of law have raised land ownership issues, land conflicts, and land use changes. This study aims to analyze the rules on land procurement for mining and analyze the significance of the harmonization of rules on land procurement for mining in forest areas. This research is categorized as a normative legal research. This research was conducted by examining library materials. The results showed that several problems arising from inconsistency of law in the mining business include mining companies conducting mining activities in restricted areas for mining, mining activities in protected forest areas, mining activities in conservation areas, geothermal mining activities as geothermal power plants in the area of nature reserves, and others. To overcome this problem, the solution is to harmonize several laws in the mining sector so that conflicts do not occur. Some mining laws must reinforce, reinforce and clarify one another. Efforts to harmonize several laws in the mining sector are needed to harmonize, adapt, stipulate, and strengthen the concept of drafting a law. The harmonization effort aims to ensure that several mining laws are arranged systematically, do not overlap, and there are no more conflicts.

Keywords
Inconsistency of Law, Land Procurement, Mining

Topic
Law and Sustainable Development

Link: https://ifory.id/abstract/A9GPDNyMvKm3


Integration of Environmental Damage Prevention Instruments in the Sustainable Palm Oil Plantation Business in Riau Province
Zulfikar Jayakusuma

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Corresponding Author
Zulfikar Jayakusuma

Institutions
Fakultas Hukum Universitas Riau

Abstract
Palm oil is currently the mainstay commodity of Indonesia in generating foreign exchange. However, many oil palm plantations have been accused of being commodities produced from plantations that damage the environment, such as forest conversion, threatening biodiversity, planting deep peatlands and damaging water systems. The government made a policy of certifying sustainable palm oil plantations, Indonesian Sustainable Palm Oil (ISPO) to address this problem. However, ISPO has not been able to solve the problem of oil palm plantations from Indonesia. Therefore, it is necessary to restructure the exploitation of oil palm plantations by prioritizing integrated prevention instruments. Based on the background of the problems that have been described, the focus of this research is how the concept of integrated environmental damage prevention instruments in the exploitation of sustainable oil palm plantations in Riau Province. The integration of environmental damage prevention instruments is that these instruments cannot stand alone, but are complementary and mutually supportive to realize economic viability, socially feasible and environmentally feasible for oil palm plantations. Instruments for preventing environmental damage, are more effective in managing natural resource management. However, this instrument must be implemented in an integrated and integrated as a prevention system. Unified and not integrated instruments to prevent environmental damage in the development and management of natural resources, resulting in the realization of sustainable development. So that formally even though this instrument has been implemented and adhered to, but in its operation the oil palm plantations still cause pollution and environmental damage. Studies in Riau Province show that KLHS is not integrated into the RTRW. Environmental audits carried out in the context of ISPO certification, are not effective because they are not supported by KLHS, RTRW and other prevention instruments. Preventive instruments are a system consisting of several inter-related sub-systems. An environmental audit is not effective without the AMDAL instrument that preceded it. Likewise, in order to prepare an AMDAL, a licensing system that has been prepared by the government requires and sets environmental quality standards and environmental damage criteria. The KLHS must be the basis and guideline for planning programs and activities as well as government policies including in preparing an RTRW for an area. In the implementation of certain preventive instruments, the implementation must take precedence over other preventive instruments.

Keywords
Integration, Damage Prevention, Palm Oil Plantation

Topic
Environmental

Link: https://ifory.id/abstract/DVGHnfFJR93v


LAW ENFORCEMENT IN ERADICATION OF PROSTITUTION IN THE LAW REGION OF PEKANBARU CITY
Erdiansyah

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Corresponding Author
Erdiansyah Erdiansyah

Institutions
Fakultas Hukum UNRI

Abstract
The law enforcement on eradication of prostitution has been carried out by disciplining and supporting prostitution lawyers by law enforcement and regional government officials. However, the practice of prostitution still exists in the midst of society, both covert and overt. Factors that cause prostitution in the city of Pekanbaru First, internal factors that come from the individual woman herself. Second, external factors, can form economic pressure, environmental influences and the failure of family life. Law enforcement in eradicating prostitution in the city of Pekanbaru, First, preventive, Second, repressive and so far which has become a contradiction while prostitution actors themselves involved in their profession try to eradicate prostitution is always ineffective.

Keywords
Enforcement - Law - Eradication - Prostitution

Topic
Criminal law

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


LAW ENFORCEMENT PATTERN ON ILLEGAL LOGGING IN ORDER TO MAINTAIN THE SUSTAINABILITY OF FOREST IN RIAU PROVINCE
Syaifullah Yophi Ardiyanto, Davit Rahmadan

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Corresponding Author
Syaifullah Yophi

Institutions
Faculty of Law - Riau University

Abstract
Law enforcement pattern on illegal logging in order to preserve forests in Riau Province uses the Law Enforcement Patterns Based on Justice Values, namely, (1) legal system reform on the law governing forest management, especially the handling of illegal logging by preparing legal instruments the area of Riau Province, (2) Control conducted by the local government, activation of the roles and tasks of the Forest Management Unit (KPH), enforcement of law based on justice and non-discriminatory values and providing guidance and counseling to residents living around forest about the importance of the existence of the forest for the lives of humans and other creatures, (3) Professionalism and addition of Riau forestry police personnel to protect the forest and support law enforcement, (4) Participation and active role of the community for the area around the forest in supervising illegal logging occurring in Riau Province by providing reports to law enforcement officials and preventing illegal logging in Riau Province. (5) Conduct regular reforestation programs for forest preservation and continue to preserve forests for the welfare of the community and for future generations.

Keywords
Forest, Illegal Logging

Topic
Criminal law

Link: https://ifory.id/abstract/a4dAVZbTmUQN


Legal Certainty of Investment (Study on Legal Certainty of Investment in Managing Industrial Plantation Forests in Indonesia)
Firdaus, Rahmad Hendra

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Corresponding Author
Firdaus Firdaus

Institutions
Universitas Riau

Abstract
Legal certainty is an absolute requirement for investment in the Industrial Plantation Forest (HTI) sector. This study tries to find the root of the problem of legal uncertainty regarding permits granted to HTI business actors, and provides solutions for the government to take steps that must be corrected, changed and / or removed from the norms that cause legal uncertainty in investment fields. This is a normative legal research in which data sources obtained from primary legal materials in the form of legislation, jurisprudence and expert opinions relevant to the research. The study found that permits granted by the government as a legal basis (legal certainty) for entrepreneurs to control the land did not create a state of certainty of control over land, instead they gave birth to ownership conflicts. The government does not understand the real situation that the area or location granted permits have overlapping ownership. Multi sectoral authority, asynchronous and changing regulations, unclear status of state forests and community land, weak predictions of population growth that have an impact on the social economy in the establishment of a Regional Spatial Plan (RTRW), as a result of the authorities not carrying out a perfect agrarian renewal .This study provides a comprehensive description of legal uncertainty in HTI investment, some of the earlier studies have looked more at legal certainty, but have not been carried out comprehensively about the roots of legal uncertainty. This research is expected to have an impact on the government to immediately undertake agrarian renewal efforts, improve, change and or revoke the validity of the norms that cause legal uncertainties in investment law uncertainty in the HTI sector.

Keywords
Legal Certainty, investment, industrial plantation forests

Topic
Private / Contract Law

Link: https://ifory.id/abstract/FLd9egYXrM6J


Legal Protection Against Children Victims of Rape Comparative Study Between Indonesia and Malaysia
Herry Liyus

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Corresponding Author
Herry Liyus

Institutions
Fakultas Hukum Universitas Jambi

Abstract
This scientific article discusses the Legal Protection of Children Victims of Rape Comparative Study Between Indonesia and Malaysia, the research method used in this study is to use normative (doctrinal) research methods. In this scientific article discusses legal protection for child victims of rape based on Indonesian and Malaysian law, forms of legal protection for the rights of children as victims of rape under Indonesian and Malaysian law and arrangements and forms of ideal legal protection for children as victims of rape in a period of will come in the juvenile criminal justice system. Based on the aforementioned problem, it is obtained data that the legal protection of the rights of rape victims in the criminal justice system in Indonesia is regulated in various statutory regulations whereas in Malaysian law the legal protection of children is regulated in a 2001 deed (Act 611), subsequently obtained data that the legal protection of the rights of rape victims in Indonesia and Malaysia already includes the protection of the rights of victims of rape committed by a component of the criminal justice system, but its implementation is still not in accordance with the principles of legal protection that apply universally and legal protection for child victims of rape in the perspective of the Indonesian criminal justice system so that it is ideal then the concept of legal protection for child victims of sexual crime according to positive law is to be based on Pancasila in providing legal protection to its citizens.

Keywords
Legal Protection, Rape Criminal Acts, Rape Victim Children

Topic
Criminal law

Link: https://ifory.id/abstract/an4VCz6yHUhB


Legal Protection of Plantation Independent Farmers in Determining The Price of Selling TBS (Fresh Fruit Park) in Siak District
Maryati Bachtiar (a), Riska Fitriani (a), Dasrol (a)

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Corresponding Author
Maryati Bachtiar

Institutions
Law Faculty, University of Riau

Abstract
The development of oil palm agribusiness is one of the steps needed as a development activity in the plantation sub-sector in order to revitalize the agricultural sector. The high interest of rural communities in the Riau region towards oil palm plantations makes Riau the largest palm oil producer in Indonesia. Based on data from the One Stop Integrated Investment Service Office (DPM PTSP) of Riau, the area of ​​oil palm plantations in Riau in 2018 was recorded at 2,424,545. Independent oil palm growers generally have various limitations both in terms of land availability, knowledge about cultivation and care, capital, including how to market their harvest or processing. With these limitations, it can be ascertained if the productivity of the garden is low. In addition, because it cannot process itself but must be sold to other parties, the small volume does not have a high bargaining power in front of traders/collectors. To avoid the negative effects of world change, the government issued a series of policies on the price of oil palm bunches which are expected to protect farmers. Government policy in determining the price of oil palm fruit bunches will affect the ability of oil palm farmers to produce.

Keywords
Legal Protection, Plantation Independent Farmer, Fresh Fruit Park

Topic
Law and Sustainable Development

Link: https://ifory.id/abstract/4xwzkmP3DBvN


Local Wisdom of land Opening by the Siak malay Community before 1945
Maria Maya L, Ledy Diana, Erdiansyah

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Corresponding Author
Maria Maya Lestari

Institutions
Law Faculty, Universitas Riau

Abstract
Abstract: Every year land fires on pet land occur in Riau Province, especially in Siak Regency. The habits of opening land by the Community has always been the reason for the fire. Siak before Indonesia independence in 1945 in terms of opening land. Using an empirical method of conducting interviews with traditional leaders and perpetrators of land burning who are still alive. The results of the indigenous people of Malay Siak in the past did not damage nature. The community burns the land without cusing air pollution and without damaging the surrounding land. The responsibility and respect of the land owner for his land is carried out by supervising and limiting the fire on his land to not affect his neighboring land. Land celaring rules are not only in the form of customary norms but also followed by magical elements so that the burned land can be controlled.

Keywords
Fire, Peet Land, Local Wisdom

Topic
Environmental

Link: https://ifory.id/abstract/UyBwVE3vA7T6


LOCAL WISDOM OF THE RIAU MALAY COMMUNITY IN THE USE OF FISHERY CAPTURE TOOLS AS ONE OF THE EFFORT TO ACHIEVE SUSTAINABLE FISHERIES RESOURCES
Widia Edorita

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Corresponding Author
Widia Edorita

Institutions
Universitas Riau

Abstract
Indigenous peoples as one of the owners of local knowledge, believe that customary law and traditional knowledge, in a cosmic magical style, make a very large contribution to the sustainability of marine and coastal ecosystems, the sustainability of marine and fishery resources they contain, and environmental sustainability. Orientation to obtain high profits can be bad for the preservation of fish resources and business continuity. Exploiting fish resources which is contrary to the rules of rational management of resources can cause damage to ecosystems. One mode or type of illegal activity that is often carried out by Indonesian fishing vessels in the Indonesian fisheries management area is fishing using prohibited fishing gear. Therefore it is necessary to optimize law enforcement and support from the community together with the values of local wisdom to realize sustainable fisheries resources and make Indonesia a global maritime axis.

Keywords
local wisdom, fishing gear, Riau Malay community

Topic
Law and Local Wisdom

Link: https://ifory.id/abstract/XpV9QWDUfyR3


MEASURING THE IMPLEMENTATION OF PREROGATIVE RIGHTS OF THE PRESIDENT IN THE MULTIPARTY SYSTEM AND THE VIEWPOINT OF THE PRESIDENTIAL GOVERNMENT SYSTEM IN INDONESIA
Zulwisman

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Corresponding Author
Zulwisman Zulwisman

Institutions
Universitas Riau

Abstract
Prerogative rights are rights owned by a head of government orstate without any intervention from any party in using these rights. Therefore, the prerogative is said to be the privilege or exclusive right of a head of state in carrying out his state duties. Some opinions say that the term prerogative does not exist and that there is only the power of the president as head of state. However, it is interesting what was conveyed by Mahfud MD, who stated, "Whether or not there is a prerogative in the constitution is not a problem, it depends on how to interpret the prerogative. Because prerogative right exists if the president has the right to do something without asking for the approval of another person or institution ". As with the conceptofprerogativeright stated above, the president does not need to first consult with other state institutions, because this right is a right granted by the constitution to the president in carrying out the wheels of government. The Presidents Prerogative Rights can be classified into four terms, including executive and political administration authority, legislative authority, judicial authority, and diplomatic authority. Yet, in its implementation, the presidents prerogative rights are not well established, the presidents freedom in policymaking is found to be the intervention of political parties and the approval of people with their figures or other institutions, particularly in terms of the presidents prerogative rights in the election, appointment and dismissal of the Minister in the context of executive and political administration authority, as well as legislative authority. With the above rationale so as to attract writers to conduct research with the title " Measuring The Implementation Of Prerogative Rights Of The President In The Multiparty System And The Viewpoint Of The Presidential Government System In Indonesia" with the following problem formulation. First, how the Presidents prerogative rights are regulated in Indonesian laws and regulations. Second, what are the forms of influence and intervention of political parties in the implementation of the Presidents prerogative in the administration of the State. Third, what kind of efforts are made to strengthen the Presidents prerogative in organizing the country. The research method used in the discussion of this paper, the authors use the main approach that is juridical normative (legal research), with writing data sources obtained from the literature with the type of data in the form of primary data and secondary data

Keywords
Prerogative; Multiparty; Presidential Rights

Topic
Constitutional Law

Link: https://ifory.id/abstract/H2vCkaY7GBFg


Mediation Implementation in the Settlement of Divorce Cases in the Religious Courts
Mardalena Hanifah

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Corresponding Author
Mardalena Hanifah

Institutions
Lecturer of Faculty of Law, University of Riau

Abstract
Mediation in an effort to reconcile the parties in litigation is an obligation before the case is examined. Peace efforts are not only formalities, but must be implemented so that the problems between the two parties meet the solution. The publication of Perma No. 1 in 2016 in the Court is expected to be the first milestone in the effectiveness of peace efforts or mediation in the scope of the judiciary, not only in the theoretical level but also in practice. Mediation is a way of resolving disputes through the negotiation process to obtain agreement from the parties assisted by mediators. Therefore, it is very feasible for the judges of the Religious Courts to realize and carry out the function of "reconciling". Because after all the fairness of the verdict, but it will be better and more just results of peace. The fairest of decisions handed down by judges will be deemed and felt fair by the winning party. As with peace, the results of sincere peace based on mutual agreement from the disputing parties are free from win and lose qualifications. They both win and both lose or win-win solution, so that both parties recover in harmony and brotherhood. Divorce itself means the abolition of marriage with the judges decision or the demands of one of the parties in the marriage. Judging from the aspect of the divorce, divorce is divided into two, first, divorce by the husband, namely divorce committed by the husband against his wife. Second, divorce by the wife is a divorce done by the wife by submitting a divorce request to the Religious Court, divorce cannot occur before the Religious Court officially decides. Resolving disputes is indeed difficult, but that does not mean it is impossible to be realized. The purpose of mediation is to resolve disputes between parties by involving neutral and impartial third parties. Mediation can lead the parties to the realization of a permanent and sustainable peace agreement, considering that dispute resolution through mediation puts both parties in the same position. In the dispute resolution through mediation the benefits are very much, because the parties have reached an agreement that ends the dispute fairly and win-win solution.

Keywords
Effectiveness, Mediation, Religious Courts

Topic
Private / Contract Law

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


Memorandum of Understanding (MoU) in the Context of Indonesian International Treaty
Evi Deliana

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Corresponding Author
Evi Deliana HZ

Institutions
Universitas Riau

Abstract
Memorandum of Understanding (MoU) is one form of international treaties made by the subjects of international law. In the practice of the states, there are times when the MoU is not legally binding, but other state practices emphasize the principle that any international treaty made by states has binding power to them. This article uses normative legal research, especially research on legal principles. The practice of Indonesia regarding the MoU differs from that in other countries, especially common law countries. Where in the context of Indonesian international treaty, the MoU has a binding power as to which other international agreements are followed by Indonesia.

Keywords
MoU, international agreement, Indonesia

Topic
International Law

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


Memorandum of Understanding (MoU) in the Context of Indonesian International Treaty
Evi Deliana

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Corresponding Author
Evi Deliana HZ

Institutions
Universitas Riau

Abstract
Memorandum of Understanding (MoU) is one form of international instrument made by the subjects of international law. In the practice of the states, there are times when the MoU is not legally binding, but other state practices emphasize the principle that any international treaty made by states has binding power to them. This article uses normative legal research, especially research on legal principles. The practice of Indonesia regarding the MoU differs from that in other countries, especially common law countries. Where in the context of Indonesian international treaty, the MoU has a binding power as to which other international agreements are followed by Indonesia.

Keywords
MoU, international agreement, Indonesia

Topic
International Law

Link: https://ifory.id/abstract/D7wJj8MfALVx


MODEL GOVERNANCE POLICY PEATLAND FOR COMMUNITY-BASED, RIAU PROVINCE, INDONESIA
Zulkarnaini, Sujianto, Wawan, Syafri Harto

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Corresponding Author
zulkarnaini zulkarnaini

Institutions
Doktoral Program in Enviromental Science University of Riau, Pekanbaru, Indonesia

Abstract
This study discusses the design of community-based peatland management policies in the Giam Siak Kecil-Bukit Batu Landscape (GSK-BB) of Riau Province. This research is motivated by the activity of utilizing peatland resources in the GSK-BB Biosphere Reserve which is quite alarming because it is often carried out in an exploitative and destructive manner. Even though biosphere reserves are protected and preserved areas based on Law no. 5 of 1990 concerning Conservation of Biological Natural Resources and their Ecosystems. Activities that are widely carried out by communities and companies in this region are the conversion of protected forests to agricultural land, plantations, and forestry, as well as human settlements. This land conversion phenomenon continues to the present day, and is even suspected to be the main trigger for severe forest and land fires every year in Riau Province. The above conditions have caused peatlands to degrade in terms of quantity and quality which decreases their social, ecological and economic functions. This research is a mixed method research by combining qualitative and quantitative methods. This research is expected to meet the requirements and be able to become an analysis to explain the processes that cause why degradation and damage on peatlands have an impact on a local and global scale. Then through the designed model it is hoped that a community-based integrated peatland management policy (formulation) can be produced. The ultimate goal is to find a solution to overcome the problem of degradation and damage in peatlands so that the achievement of sustainable peatland management targets is achieved.

Keywords
peatlands, government policy, biosphere reserves, governance

Topic
Government and Policy

Link: https://ifory.id/abstract/CPwNv6xnYKGj


MODEL PENDEKATAN DALAM PENANGANAN ANAK PENYALAHGUNA NARKOTIKA DI TINGKAT PENYIDIKAN DALAM RANGKA MEMPERKUAT PENCEGAHAN DAN PENGOBATAN PENYALAHGUNAAN NARKOTIKA
RIKI AFRIZAL, UPITA ANGGUNSURI, FADHIL SYAPUTRA, MARDIAN FAJAR

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Corresponding Author
Riki Afrizal

Institutions
LAW FACULTY, ANDALAS UNIVERSITY, PADANG

Abstract
Drug abuse is still a serious problem in Indonesia. Narcotics or drug cases target all groups, including teenagers and children. Their involvement is not only as an abuser, but also used as a dealer. The high number of abuse and cases of narcotics distribution has become a serious problem the governments efforts to achieve the goals of Sustainable Development Goals (SDGs). One of the points of the SDGs is ensuring a healthy life and supporting welfare for all ages. To realize this, one of them is through the target of strengthening the prevention and treatment of abuse of dangerous substances, including narcotics abuse and the dangerous use of alcohol. Efforts to prevent narcotics abuse through a criminal law approach are through a serious law enforcement process considering that this case is a serious crime. The problem is when narcotics abuse offenders are children who under no circumstances must obtain protection, including when dealing with legal proceedings. Meanwhile, the criminal act of narcotics abuse is a serious crime with a threat of punishment that is high enough so that diversion is not possible as one of the mechanisms for resolving children in the criminal justice system. Investigation of children involved in narcotics cases, especially as dealers, will continue to be carried out an investigation process based on the provisions of the Criminal Procedure Code (KUHAP) while still paying attention to childrens rights as a form of child protection in the criminal justice system. Investigations are carried out by investigators at the Drug Investigation Unit or Unit who have experience in investigating children. In terms of treatment during the investigation carried out very carefully with regard to the interests and rights of children.

Keywords
approach model, narcotics abuse offenders are children

Topic
Criminal law

Link: https://ifory.id/abstract/Yq3EbVRU9L4r


Narrating People-s Motives to be JSR Users
Hindina Maulida (a*), Rd. Siti Sofro Sidiq (b), R. Yogie Prawira W(c)

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Corresponding Author
Hindina Maulida

Institutions
a) Faculty of Social and Political Science, Universitas Tidar
Jl. Kapten Suparman No.39 Magelang
*hindinamaulida[at]gmail.com
b) Faculty of Social and Political Science, Universitas Riau
Kampus Bina Widya KM. 12,5 Pekanbaru
c) Faculty of Social and Political Science, Universitas Tidar
Jl. Kapten Suparman No.39 Magelang

Abstract
For several decades, consuming junk food has arguably become the ultimate symbol of modern lifestyle until a societal shift towards JSR is being viral. JSR, nowadays, seen as luxury and healthy lifestyle in Indonesia. Many people are impressed and adopted this newly trending lifestyle. It can be seen from the huge number of posting and followers discussing this phenomenon in social media Instagram. This research investigated people-s motives to be JSR users. Qualitative approach with phenomenological study as one of constructivist paradigms was employed in this research. The data was gathered by having in-depth interviews, observation, and literature reviews. The result of the research suggested that people turn be JSR users is due to health, beauty, challenge, and religion motives.

Keywords
JSR, healthy lifestyle, sunnah lifestyle, phenomology, motive, health communication

Topic
Social Science

Link: https://ifory.id/abstract/uAw6Ha2jdXmn


One Single Submission (OSS): Certainty or Uncertainty?
Rahmad Hendra and Firdaus

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Corresponding Author
Rahmad Hendra

Institutions
University of Indonesia

Abstract
One Single Submission (OSS) contained in PP 24/2018 was launched with a view to providing legal certainty in the investment licensing process in Indonesia, as an embodiment of the Economic Policy Package, one of which is the acceleration of licensing related to land. This OSS system is beneficial for prospective investors or entrepreneurs for the selection of business premises land. But on the other hand it is very detrimental to the community including the customary law community, because the land selection can be done without the knowledge of the actual owner. This research is a normative legal research, data sources obtained from primary legal materials in the form of legislation, jurisprudence and expert opinions relevant to the research. The legal certainty that is expected by the implementation of OSS can actually lead to legal uncertainty, because the OSS system can cause new problems, namely land conflicts between investors and local communities. This study is expected to provide input for the government to immediately undertake efforts to harmonize with the Land Law and the Investment Law.

Keywords
One Single Submission (OSS), investment, legal certainty, land.

Topic
Law and Local Wisdom

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


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