Indonesia Conference Directory

Corresponding Author
HAPPY DAVID PRADHAN

Institutions
Jawaharlal Nehru University,
New Delhi, India

Abstract
This legal theoretical article based on secondary sources aims to critique the concept of “Transitional Justice” as against criminal trials and punishment, for the establishment of Rule of Law in post-authoritarian democracies, especially in the context of prosecution for Human Rights Violations during the authoritarian regime.

Keywords
Rule of Law, Transitional Justice, Criminal Prosecution, Human Rights

Topic
International Law

Link: https://ifory.id/abstract/A4HjwdUVcDhC

Corresponding Author
Fithriatus Shalihah

Institutions
Faculty of Law,Ahmad Dahlan University Yogyakarta

Abstract
Abstract The provisions of Act Number 13 of 2003 concerning Manpower in Article 59 been found to be ineffective since the governments oversight is not working and due to the fact that the employment demand factor is more toward permanent jobs.The concequency of the legal status of worker as a result of his work as a core of production process does not work either since entrepreneur/employer remains guided by 2 years time period and renewal for the extension of a work agreement for a specified time for 1 year. In practice, the 30-day grace period required by law is also largely ignored, because workers do not want to lose their income if they do not work for one month. According to the author, the ineffective arrangement above needs to be reviewed by prioritizing the interests of both parties. A regulation will not work if it does not reflect the legal needs of the community.If the legislator intends to provide legal protection to a specified time worker within the limits of his / her working period, then the time span given according to the author is eligible for a maximum of 2 (two) years without any further explanation. So inevitably after 2 years period if a employer still wants to hire a worker in an employment relationship, he shall raises his status as unspecified time worker or permanent worker by guaranteeing all the rights attached to him.The enforceability of the law is strongly influenced by the legal culture of public legal awareness. The Labor law has been made in such way to ensure the workers rights, in this case is the specified time workers. Legal awareness will be an expensive item if legal product is still looking for a justification in doing things that violate human rights of workers.

Keywords
Employment Relationship, Work Agreement for a Specified Time Period

Topic
Private Law

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

Corresponding Author
Ardhiwinda Kusumaputra

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

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

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

Topic
Human Right Issues

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

Corresponding Author
Muhammad Nur

Institutions
Universitas Ahmad Dahlan

Abstract
The results of a survey issued by Junior Doctor Network (JDN) Indonesia on August 1-30 2018 stated that as many as 26.24 percents of doctors in main workplaces in Indonesia were still under salaries of under IDR 3 million per month. Even from the same data, there was 8.89 percent of doctors still underpaid 1.5 million per month. Low income for doctors can increase the risk of danger. The government must understand that low salaries cause doctors to work a lot of shifts over a long period to fulfill their needs and families. Research says that working continuously for doctors increases the risk of malpractice and endangers patients. Doctors have pressure from family and environment to get a decent income, so this opens up opportunities for drug companies for conspiring with these doctors to increase the number of drug sales. Low salaries also make doctors apathetic about their work, and it is difficult to empathize with patients and not provide the best service for them. This research then analyzes the weakness of salary regulation for a doctor in Indonesia. The results of this study indicate that one of the causes of these problems is the absence of standards set by the government regarding salaries for the medical profession in Indonesia. Even though in several countries in ASEAN, standardization of wages for doctors has been regulated for quite a long time. The author uses a normative juridical research method by examining library materials or other secondary materials. The author uses the literature study. The tools used are documents in the form of primary, secondary, and non-legal materials. The data obtained were analyzed qualitatively, then presented descriptively.

Keywords
Doctor, salary, regulation, analysis

Topic
Private Law

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

Corresponding Author
Mulyadi Tanzili

Institutions
universitas muhammadiyah palembang

Abstract
The rampant corruption is one aspect that requires low social discipline and is a big challenge for development. Corruption is the main weapon that is organized to strengthen power and freedom to support. Therefore the Minister of Law and Human Rights and Deputy Minister of Law and Human Rights on November 16, 2011 issued a Decree numbered M.HH-07.PK.01.05.04 concerning Tightening remission of inmates. Remission or reduction of the criminal period is the right of every prisoner or convict who is undergoing criminal independence day at the Correctional Institution (Lapas), which is regulated in Presidential Decree No. 69 of 1999 concerning Reduction of Criminal Period (Remission) jo PP No. 28 of 2006 concerning Amendments to Government Regulation No. 32 of 1999 concerning the Terms and Procedures for the Implementation of Penitentiary Guidance Rights that have been amended through PP No. 99 of 2012 concerning the Second Amendment to PP No. 32 of 1999.

Keywords
Effectiveness, Remission, Corruption Prisoners.

Topic
Criminal Law

Link: https://ifory.id/abstract/AMWvx9qmQkrj

Corresponding Author
Yenny Purnama

Institutions
Faculty of Law, Borobudur University

Abstract
Diphtheria is a disease that is very contagious and provides low immunity. Very effective prevention is by immunizing Diphtheria, to increase immunity to this disease. If prevention is not carried out properly, it can lead to Extraordinary Events, as happened in 2017 in Indonesia. Handling Extraordinary Events that are not successful can result in Outbreaks. The impact of an outbreak can harm individuals, communities, nations nationally and internationally. Refusal of immunization and anti-vaccine movements can risk thwarting the prevention of Diphtheria. As a result, the disease of Diphtheria that is not there, reappeared. Some countries have implemented strict sanctions against denial of immunization: Prison (Pakistan), Prohibited schools (Italy), Fines (Germany), and Cut allowances (Australia). Rejection of immunization in Indonesia has not yet been given strict sanctions, even though Extraordinary Events have occurred. The legal immunization is mandatory as mandated in Law 36 of 2009 concerning Health Article 130: The government is obliged to provide complete immunization to every baby and child. And is the basic right of every child as stated in article 132 paragraph 3: Every child has the right to receive basic immunization in accordance with the applicable provisions to prevent the occurrence of diseases that can be avoided through immunization. In chapter XA of the 1945 Constitution concerning Human Rights, Article 28B paragraph 2: Every child has the right to survival, to grow and develop and has the right to protection from violence and discrimination. To be able to grow optimally, a child needs immunization. If a child does not get immunized, it can be interpreted that the child cannot grow optimally (neglect of children), this is contrary to Law No. 23 of 2002 concerning Child Protection article 77 and can be punished according to the article. In addition to the above article, it can be threatened with revocation of custody according to Law No. 4 of 1979 concerning Child Welfare. And can be threatened according to Law No. 4 of 1984 concerning Outbreaks of Infectious Diseases, because one of the outbreak prevention efforts is prevention and immunization (immunization).

Keywords
Immunization, Human Rights, Neglect of Children, Diphtheria

Topic
Administratif Law

Link: https://ifory.id/abstract/nght4jwZpeRr

Corresponding Author
Errawan R. Wiradisuria

Institutions
Universitas Borobudur
Jalan Raya Kalimalang No. 1, Jakarta Timur

Abstract
Medical disputes stem from the patients dissatisfaction with the actions of the doctor in carrying out his medical practice and extends to the hospital level which is then resolved through mediation. The purpose of the mediation is to find a win-win solution. However, there are weaknesses of the mediation, namely if the agreement reached from the mediation is not stated in the form of a deed, then the agreement in the mediation can be canceled and has no executive power, even though the agreement is final and binding. Therefore, there is a need for other dispute resolution efforts that not only have final and binding properties, but also have executive power. The dispute resolution efforts are through arbitration. This study is normative with secondary data as a data source. Data is examined by means of document studies. Data is analyzed qualitatively. The results of the analysis are presented descriptively. The results showed that arbitration as an alternative to non-litigation settlement in the case of a medical dispute provides many benefits for the parties, namely in arbitration, the parties may choose an arbitrator who is an expert in the disputed field, so the process is faster because it is decided by the truly expert in the field. Arbitration is also held in private only attended by the parties to the dispute, no one else is present. Therefore, arbitration as an alternative to non-litigation resolution in cases of medical disputes can be immediately applied in hospitals as an alternative in resolving medical cases, so cooperation between BANI and IDI is needed to draft special arbitration for medical disputes.

Keywords
Arbitration, Alternative Dispute Resolution, Medical Disputes

Topic
Private Law

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

Corresponding Author
Sulardi Sulardi

Institutions
Facuty of Law, University of Muhammadiyah Malang

Abstract
Political party is an urgent asset for democracy, since it has greatly strategic functions and roles in establishing democracy in a country. Henceforth, the existence of political parties is a necessity in a democratic country. To build democracy and democratization, it is the party itself that should first apply the democratization. Up to now, Indonesia is still processing and finding an ideal form towards a democratic life (democratization) as stated in the Constitution. Certainly “the process towards” democracy should be implemented in all aspects, including the internal democracy in the political party. Democratization in political party has not worked well, since it is found out that in some political parties, the appointment of their leaders is still influenced by the founding fathers or based on the family system even, some schisms occur when the parties choose their chairs. Building democracy starts from democratization in a political party through the determination of its chair. The selection may be conducted democratically if a regulation has been prepared since the beginning as an assurance of a democratic election of its head. No “family characteristics” in a political party exactly may result in the construction of a political party dynasty. Certainly, the tenure limitation of a head of a political party would produce a culture of giving an open responsibility that his political party programs are successful or not.

Keywords
democratization, political party, chair

Topic
Constitutional Law

Link: https://ifory.id/abstract/wVzkJDL86mZy

Corresponding Author
Defri Aryu Dinata

Institutions
Faculty of Law, Borobudur University

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

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

Topic
Human Right Issues

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

Corresponding Author
idham manaf

Institutions
FACULTY OF LAW
UNIVERSItY SANG BUMI RUWA JURAI
JLN. IMAM BONJOL NO. 468 BANDAR LAMPUNG

Abstract
Law is a unitary system consisting of institutional elements, legal principles and behavior of legal subjects who carry the rights and obligations determined by the norms of the rule. As a support for the functioning of the legal system, an ethical system in state institutions that is positively enforced is needed in the form of a code of ethics in the public sectors, where every state and government sector always has rules and guidelines for the organization and work procedures that are internal, such as those conducted by the Election Organizers Honor Board (DKPP). Pancasila and the 1945 Constitution as well as sources of constitutional law are also seen as a source of ethics for the organizers of simultaneous elections in 2019, and based on this basis it is expected to improve the negative code of ethics system into a positive code of ethics in every election organizer in Indonesia. The purpose of this study is to provide an understanding of the electoral code of ethics system in Indonesia. This research is normative legal research, with secondary data as the main data. The research method used is literature study, by examining secondary data collected. The results of this study are Pancasila and the 1945 Constitution are seen as a source of ethics for the organizers of simultaneous elections in 2019 which can improve the electoral code of ethics system by making the ideas, principles and values contained in the points of the Pancasila formula and the 1945 Constitution as a reference.

Keywords
Law, code of ethics, KPU, DKPP

Topic
Administratif Law

Link: https://ifory.id/abstract/YNUMkX7ZfTjK

Corresponding Author
IDHAM MARTINA MALE

Institutions
Sang Bumi Ruwa Jurai University

Abstract
Law is a unitary system consisting of institutional elements, legal principles and behavior of legal subjects who carry the rights and obligations determined by the norms of the rule. As a support for the functioning of the legal system, an ethical system in state institutions that is positively enforced is needed in the form of a code of ethics in the public sectors, where every state and government sector always has rules and guidelines for the organization and work procedures that are internal, such as those conducted by the Election Organizers Honor Board (DKPP). Pancasila and the 1945 Constitution as well as sources of constitutional law are also seen as a source of ethics for the organizers of simultaneous elections in 2019, and based on this basis it is expected to improve the negative code of ethics system into a positive code of ethics in every election organizer in Indonesia. The purpose of this study is to provide an understanding of the electoral code of ethics system in Indonesia. This research is normative legal research, with secondary data as the main data. The research method used is literature study, by examining secondary data collected. The results of this study are Pancasila and the 1945 Constitution are seen as a source of ethics for the organizers of simultaneous elections in 2019 which can improve the electoral code of ethics system by making the ideas, principles and values contained in the points of the Pancasila formula and the 1945 Constitution as a reference.

Keywords
Law, code of ethics, KPU, DKPP

Topic
Constitutional Law

Link: https://ifory.id/abstract/jEaVfDqJ4ZtW

Corresponding Author
Tongat Tongat

Institutions
University of Muhammadiyah Malang

Abstract
Imprisonment dominates institutional based correction strategies started since the end of 18th century, a century later it was criticized as not acting as rehabilitative agents, but rather as stigmatizing, dehumanization, expensive, cruel and criminogenic. The debate pros and cons of using it as a result of the complexity of its negative effects are increasingly widespread. Community service order are present as an alternative prison sentence to reduce these negative impacts. Carrying out the big theme of community service order and its urgency in reducing the negative impact of imprisonment, this paper will discuss two issues: First, what is the negative impact arises due to the imposition of imprisonment? Second, the extent to which community service order have the relevance of reducing the negative impact of imprisonment? Through a doctrinal study with qualitative analysis, the following findings are found: First, there are so many negative impacts arising from the application of imprisonment that result in very complex follow-up effects, stigmatization, dehumanization and prisonization. Second, because community service order is essentially a punishment which outside of the institution, and finally the community service order is very relevant to reduce the negative impact of punishment application in the institution (imprisonment).

Keywords
community service order, negative impact, imprissonment

Topic
Criminal Law

Link: https://ifory.id/abstract/XFauc8b3Wm6h

Corresponding Author
Cholidah Baghos

Institutions
University of Muhammadiyah Malang

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

Keywords
Refugees, Climate Change, ASEAN

Topic
Human Right Issues

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

Corresponding Author
H. Abustan

Institutions
Jakarta Islamic University

Abstract
Indonesia is a state law that has become an important postulate contained in the constitutional text of the Constitution 1945 of the Republic of Indonesia. That means that Indonesia is committed to state law as an idealized ideology that should always be pursued and / or consistently enforced. This confirms that Indonesia wants law as commander or front guard in solving all problems of life in society, nation and state. Therefore, the position of the constitution in a state law is not only confirms its existence as the basis of the state, but also legitimize the constitution as the highest law strata. Even more than that, the constitution guarantees the rights of citizens, including fulfillment and/or implementation of democratic rights of every citizen. Therefore, normatively Indonesia has a strong fundamental commitment and consensus to develop a state law. That is why the term state law is then "put in" in the Indonesian constitution: as stipulated in Article 1 paragraph 3 of the Constitution 1945 of the Republic of Indonesia which reads "The State of Indonesia is a State Law." After barely practicing for thirty-two years during the authoritarian New Order government, the concept of the "constitutional law" is reiterated in which the constitution was the result of political, economic, social and cultural conditions when the constitution is constructed. The need to realize the constitutional mandate is certainly inseparable from the absence of democratic government efforts in the New Order era. The need for Constitution existence is getting bigger after the post-reformation has taken place over two decades. Thus, as a country that had practiced absolute power for more than three decades and the last two decades has developed a system with strong oversight of the implementation of power based on constitutional ideas, it is an effort to prevent the distributed power from becoming absolutism. It is because, in essence, the function of the constitution is to limit the power of the government in order to realize democratic governance.

Keywords
Constitution, State of Law, Democratization

Topic
Constitutional Law

Link: https://ifory.id/abstract/TaAPqL4QRwcv

Corresponding Author
Aby Maulana

Institutions
FAKULTAS HUKUM UNIVERSITAS MUHAMMADIYAH JAKARTA
JALAN K. H. AHMAD DAHLAN, CIRENDEU, CIPUTAT, TANGERANG SELATAN

Abstract
in the context of criminal law enforcement that departs from the principle of "no criminal without fault" and / or "no criminal responsibility without fault", then there are fundamental problems, related to the assessment of the objectivity of an action on the one hand, and the subjectivity of the perpetrator on the other . Which means that, in fact, an "act" can be seen physically and concretely, whereas with regard to "fault" that is, it must be extracted from the intention and inner state of the perpetrator, then someone who is convicted and has a sense that can be held to hold criminal responsibility. Whereas, in the concept of “Guilty Pleas or Plead of guilty”, it is known that a guilty plea can be used by a Judge in imposing a sentence on someone, and with that acknowledgment someone is deemed to have declared an "fault" in his inner attitude. Thus, when linked to the concept of criminal justice, the condition of error by trial is very likely to occur, considering that one of the objectives of the judiciary is to seek material truth.

Keywords
GUILTY PLEAS; CRIMINAL RESPONSIBILITY

Topic
Criminal Law

Link: https://ifory.id/abstract/dgtGAN7wayuf

Corresponding Author
FARIDA NURUN NAZAH

Institutions
a) Faculty of Law, Universitas Muhammadiyah Tangerang
Jl.Mayjend Sutoyo No. 2 Sukarasa Tangerang (021) 5579-3599

b) Faculty of Law, Universitas Muhammadiyah Tangerang
Jl.Mayjend Sutoyo No. 2 Sukarasa Tangerang (021) 5579-3599

c) Faculty of Law, Universitas Muhammadiyah Tangerang
Jl.Mayjend Sutoyo No. 2 Sukarasa Tangerang (021) 5579-3599

Abstract
Islam as a religious majority of Indonesians have made Islamic law as a living law in the order of the peoples lives, so that in the formulation of positive law in Indonesia always Consider legal awareness and value in the community. The existence of Islamic law in the establishment of positive law in Indonesia is visible from three aspects. First, as the norm has grown, developed, and rooted in the community. Second, as a code of ethics that is capable of filtering deviant behavior from society. Thirdly, legalization of Islamic law as a universally applicable positive law for all Indonesians in certain areas of law.Article 284 of the Criminal Code of adultery is placing a weak law enforcement because of the sanctioned dichotomy contrary to the religious norms of Islam, adat, and moral of the Indonesian nation.

Keywords
Contributions; Islamic law; Coaching Positive Law; Article 284 Criminal Code

Topic
Islamic Law

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

Corresponding Author
ELLI RUSLINA

Institutions
a) Pasundan University
Jalan Lengkong Besar No 68, Bandung, West Java, Indonesia
*elli.ruslina[at]unpas.ac.id
b) Faculty of Law

Abstract
The imperative of economic democracy mandated by the constitution through Article 33 of the 1945 Constitution, the reality is not a legal foundations to economic activities appreciation, but even shifts to a free-market economy (laissez-faire). This is confirmed in the constitution "permanent position" of Article 33 of the 1945 Constitution which relies on the notion of "mutualim and brotherhood" and Article II of the Transitional Rules of the 1945 Constitution which are temporary. Regulations that are still valid based on transitional provisions in temporary positions should be replaced by Article 33 of the 1945 Constitution, because this article is a manifestation of Indonesian Economic Nationalism, which is the determination of independence to replace the colonial principle (individual principle) into the national principle. The retention of the individual principle is a legal reason and at the same time a legal source that is easily dictated by economic forces from outside based on individual principles. The aim of this paper is 1) to analyze how the understanding of cooperative principles (cooperation based on mutualism) is manifested as the legal basis on the thought of economic democracy, 2) To analyze how the implementation of Article 33 of the 1945 Constitution into Indonesian economic law tends to lead to free competition. The approach used is normative juridical and descriptive analysis type. The conclusions of economic democracy are contained in the Explanation of Article 33 of the 1945 Constitution; and cooperative principles based on mutualism are not legal fundamental for economic democracy.

Keywords
Cooperative, Cooperation, Kinship, Democracy, Economy

Topic
Constitutional Law

Link: https://ifory.id/abstract/yrujWPR8GdpA

Corresponding Author
Nur Putri Hidayah

Institutions
University of Muhammadiyah Malang

Abstract
Customers who failed to make promises in bank financing have the potential to cause disputes. To solve this, there are already a series of regulations that govern. The problem is that there are still many customers who feel disadvantaged in the dispute resolution process. The purpose of this study was to find out how the procedure for resolving financing disputes with guaranteed mortgage rights at Bank Jatim as well as any obstacles in the dispute resolution process. This study uses empirical research methods with a regulatory approach. The results of the study show that the dispute resolution process in non-litigation has not been maximized and the tendency is to execute the object of collateral. While the constraints are in non-compliance with the process of fostering customers who are injured in the promise, and the auction process that takes a long time.

Keywords
Credit disputes; Dispute resolution: conventional banking

Topic
Private Law

Link: https://ifory.id/abstract/hVtp2WUeCPjm

Corresponding Author
upik mutiara

Institutions
Law of faculty Universitas muhammadiyah Tangerang

Abstract
The financial sector is one sector that has an important role in the nation-s economy andcontinues to develop in line with the needs of its community. Currently, the innovation in thefinancial sector known as financial technology (fintech) has taken the world-s attention. Asthe emerging nation, the development of fintech in Singapore is also worth to look. Inindonesia, the regulation environment of the digital economy is handled by various laws andfinancial bodies, namely Financial Services Authority of Indonesia (OJK) and BankIndonesia (BI). This study uses a normative juridical approach. The used sources and types of datacome from literature review. This paper is aimed to bring insight into the regulatory aspects offintech and personal data protection in Singapore and Indonesia, and what can thegovernment do to anticipate and regulate the ever-changing fintech services and to bettermanage risks of data protection in the financial sector in Indonesia

Keywords
financial technology, data protection, government, indonesia and singapore.

Topic
Private Law

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

Corresponding Author
Hamonangan Albariansyah

Institutions
Faculty of Law Universitas Indonesia
Gedung IASTH Lt.2, Jl. Salemba Raya No.4 Jakarta 10430

Abstract
The Ministry of Manpower in Indonesia recorded about 89,625 workplace accidents and 1,193 of them have caused deaths in the past five years. In that period, there were also 34,075 companies reported because of alleged criminal acts in the field of occupational safety and 2,074 cases had gone through the police investigation process but there are only 4 cases up to court decisions. During this time the practice of resolving work accident cases that resulted in death was carried out in two ways, namely the court line and the outside court. However, the outputs of the two methods of resolution are not oriented towards legal protection utilities for the recovery of victims and improvement of working conditions so that the incidence of deaths in workplace accidents can be prevented from happening again in the future. Therefore, this paper will analyze the law enforcement regulations relating to occupational safety for workers who are victims of workplace accidents and see the possibility of restorative justice can be applied to settle deaths in workplace accidents in Indonesia. This study uses a sociological juridical approach. The used sources and types of data come from field studies through interview and literature review. The results in this study are that there are no regulations that specifically regulate out-of-court settlement mechanisms for death cases in workplace accidents. Settlement of death cases through the judiciary does not provide recovery for victims and the improvement of unsafe working conditions for workers as a preventative measure, so that the deaths accidents in workplace does not happen again in the future. The conclusion in this study is that restorative justice can be developed as a way of resolving death cases in workplace accidents in Indonesia.

Keywords
Restorative Justice, Accidents Death, Industrial Relations, Misconduct

Topic
Criminal Law

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

Corresponding Author
Muchammad Yulianto

Institutions
University 17 Agustus 1945 Surabaya

Abstract
Abstract— Indonesia is a state of law as explained in article 1 paragraph 3 of the UUD 1945 Constitution which stipulates that the Republic of Indonesia is a state based on law (Rechstaat). As a constitutional state, it is necessary to uphold good human rights, certain groups as well as individuals, vulnarable people, etc. One of which is principle of equal treatment before law of this country described in Article 3 paragraph 2 of Law No. 39 of 1999 concerning Human Rights and Article 28 D paragraph 1 .UUD 1945. But in applying the principle of equal treatment before law, there are specific criminal acts that are not in accordance with these principles related to the period of detention, especially in criminal acts of terrorism where the period of detention from the level of investigation, prosecution and examination in court proceedings is much longer than other special criminal acts, namely 290 days which are specifically regulated in Law No. 5 of 2018 concerning amendments to Law Number 15 of 2003 concerning stipulation of regulations Government In lieu of Law Number 1 of 2002 Regarding Eradication of the Criminal Act of Terrorism into Law. While other specific criminal acts include corruption, money laundering and narcotics crime related to the period of detention from the level of investigation, prosecution and examination in a court of law which is regulated based on the Criminal Procedure Code which has a shorter period of 200 days. Based on this there are differences related to the period of detention between terrorism and other specific criminal acts. Therefore it needs to be questioned related to the application of the principle of equality before the law in the criminal act of terrorism.

Keywords
Human Rights, Crime of terrorism, The principle of equal treatment before the law.

Topic
Criminal Law

Link: https://ifory.id/abstract/u9pP8zvtVJAD

Corresponding Author
Suryaningsih .

Institutions
a) Fakultas Hukum, Universitas Wisnuwardhana, Malang, Indonesia.
*surya.nings[at]yahoo.com
b) Fakultas Keguruan dan Ilmu Pendidika, Universitas Wisnuwardhana, Malang, Indonesia.
c) Fakultas Hukum, Universitas Wisnuwardhana, Malang, Indonesia.

Abstract
The Role of Green Open Space, The existence of Green Open Space in urban areas is very important. If the green open space is not available in an urban area, the economic disaster will be even higher. The development and growth of green open space (RTH) of Surabaya city is needed the right strategy, so it does not cause environmental damage that can reduce the carrying capacity of land in sustaining community life in urban areas, so it is necessary to make efforts to maintain and improve the quality of the environment through the provision of green open space. The city of Surabaya as part of the Autonomous Region has an obligation to balance the citys ecosystems to improve the aesthetics of the city and carry out its duties to continuously improve the quality and quantity of green open space. In balancing city ecosystems, it can be obtained by exploring the potentials that exist in the city of Surabaya, one of which is utilizing the potential in the environmental sector. In accordance with the Law of the Republic of Indonesia Number 32 of 2009, article 57 Concerning Environmental Protection and Management, so that according to the needs greening the city under construction. Before all the land is transformed into multi-story buildings (shophouses, malls, hotels) which will cause the availability of green open space with functions and benefits that are needed by local residents to decrease, until in the end there is no land for the procurement of Green Open Space which is very beneficial for the community . it is a serious concern of the government in managing the city so that it needs a strategy in managing Green Open Space properly in developing cities to support sustainable development carried out by the Government of Surabaya City through the Sanitation Office (Dinas Kebersihan) and Green Open Space

Keywords
Keywords: Development strategy and growth of Green Open Space

Topic
Administratif Law

Link: https://ifory.id/abstract/qCvYdWxkRb3N

Corresponding Author
Rocky Marbun

Institutions
Program Doktor Ilmu Hukum, Univ. Jayabaya
Fakultas Hukum, Univ. Pancasila

Abstract
Digital Age 4.0 is only considered as a digitalization era that focuses on the progress of humanity. However, the digitalization process legitimizes the reduction of wealth in meaningful experiences of human life (ausdrück) with all the intuitive traits contained in humans. This trait that makes a person fully human becomes lost as what has been applied in Criminal Law so far. Finally, written and oral languages are also analyzed based on logical atomistic logic through the mechanism of decomposition of elements in the article. This study uses a normative juridical method based on secondary data through library research. However, this study also uses several approach methods, namely empirical approaches, conceptual approaches, philosophical approaches, pragmatic approaches, case approaches, and critical approaches. The results of this study indicate that the social context that has an effect on the creation of speech and writing is not considered in the process of proof through Criminal Law.

Keywords
Criminal Law, Communication, Law, Parole, Social Media

Topic
Criminal Law

Link: https://ifory.id/abstract/KzQbcNkL6UXY

Corresponding Author
Marsudi Utoyo

Institutions
Sekolah Tinggi Ilmu Hukum Sumpah Pemuda Palembang

Abstract
CRIMINAL LAW CORRUPTION MODE OF ALOKASI DANA DESA (ADD) ABSTRACT ADD (Allocation of village funds) fraud is a form of corruption. This is based on the formulation of corruption acts as formulated in the law. What are the problems in writing this thesis are: 1. What are the factors that cause the mismanagement of Village Fund Allocation? 2. What is the form of corruption in the village funds budget? The research method in this paper is empirical normative research. Normative legal research is legal research that examines written law from aspects of theory, history, philosophy, comparison, structure and composition, scope and material, general explanations from article by article. Empirical research is an unwritten positive law research on the behavior of community members in the relationship of community life. The results of the study show that, the Factors That Cause the Disruption of Village Fund Allocation Management are, not the involvement of the community in the planning and supervision of village funds. Limited competence of village heads and village officials. Not optimal role of village institutions, directly or indirectly. High political costs due to the competitive arena of village head elections. The form of corruption in the village fund budget is, mark up prices, false reports, borrowing village funds, deducting village funds, fictitious business trips, mark up honorariums, mark up office stationery payments, tax evasion, purchasing personal office inventory, budget cuts public, do “kongkalingkong”, make fictitious projects whose funds are charged from village funds. Conclusions, Factors of misappropriation of village funds are the lack of participation of the community, the limitations of the villages human resources, the non-functioning of village institutions and high political costs. Recommendations, so that the district / sub-district as a government authority can supervise, provide assistance / training and check quarterly reports to each village head who is in the legal area of the district / sub-district he is assisted.

Keywords
Village Fund Allocation, Village Head, Corruption

Topic
Criminal Law

Link: https://ifory.id/abstract/jNq4GEUQBeXA

Corresponding Author
Elya Kusuma Dewi

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

Abstract
Abstract This non-doctrinal research describes the practice of ignoring the value of justice and logical truths rather than eradicating corruption among high-ranking state officials. The aim of describing an ambitious implementation of criminal justice can be counterproductive, that is not only injustice, but rather the denial of the premise of material truth as the character of the rationality of the performance of criminal law. Primary data from interviews with actors and informants, and secondary data in the form of case documents were analyzed qualitatively with hermeneutic interpretation techniques. The results of the study show that ambitious corruption eradication has the potential to damage the logic of criminal justice and curb the conscience of law enforcement.

Keywords
Ambition to Eradicate Corruption, Material Truth, Conscience

Topic
Criminal Law

Link: https://ifory.id/abstract/CgAPwmZ4eYfd

Corresponding Author
Nurjannah S

Institutions
Faculty of Law University of Muhammadiyah Mataram

Abstract
This article analyzes the concepts and phenomena of the banking dualism system (dual banking system) in the Syariah banking system. For almost three decades, syariah banking in Indonesia has experienced a dynamic that has implications for the incompleteness of the concept and implementation of the muamalat pillars in it. Not just changing forms and colors, but there is a fading mind in Syariah banking. Although on the other hand the Sharia Supervisory Board is present as an autonomous sharia supervisory institution from the Indonesian Ulema Council to ensure the implementation of muamalat rules, but the dualism of the banking system makes a denial and violation of the rules of the mualamat itself. This research is very important to criticize the concept and implementation of dual banking systems in syariah banking which have an impact on divergence and failure to achieve peoples welfare and property management that is not in accordance with the objectives of Sharia (al-Maqasid al-Sharia). Critical legal study is a method which is used to analyze concepts and implementation and provide solutions to the problems of syariah banking institutions, full separation (mono banking system) and release of the syariah banking institutional structure from the structure of Bank Indonesia and the World Bank. That construction provides divergency space for the implement of syariah banking system with pure Sharia, with a system that is guided by other sharia-pure state banks such as ar-Rajhi bank, the Islamic Development Bank standard.

Keywords
dual banking system, purification of muamalat rules, institutional system

Topic
Islamic Law

Link: https://ifory.id/abstract/xn7tLgZUuF4N

Corresponding Author
Herwastoeti Herwastoeti

Institutions
University of Muhammadiyah Malang

Abstract
Trading activities in the community have developed very rapidly. This is influenced by one of them by the development of internet-based technology known as e- commerce. E-commerce is a form of trade that has its own characteristics, namely trade that crosses national borders. Through e-commerce a seller (seller) does not have to meet face to face with buyers (buyers, consumers) in a business transaction. At present, trading transactions such as these are known as electronic commerce, which are generally abbreviated as e-commerce acronyms, a form of trade which according to many business actors offers benefits. Apart from the benefits offered by e-commerce mentioned above, actually in the e-commerce transaction there are crucial legal issues. For example, the legal problem is the validity of electronic business transactions from the perspective of civil law, because business people in e-commerce may also be carried out by minors, or because there are some requirements that are still considered to be inadequate to the requirements of conventional civil law such as sign issues digital hand and data massage. Other legal issues include guaranteeing the authenticity of data and confidentiality of documents, protection of consumers, when breach of contract tort occurs, jurisdiction, implementation of law, and so on. The problem above shows that in some aspects, transactions in e-commerce are very risky, full of risks, especially because the consumer has an obligation to make advance payments (advance payment) while he cannot see the truth of the goods ordered or the quality. What is the evidence when there is a lawsuit later, what basis is used to judge the authenticity of an electronic document in e-commerce that on average has no signature, which law is enforced and what legal protection is actually needed in an effort to provide legal certainty (legal certification) to the parties conducting transactions through e-commerce. This paper is to study e-commerce in Indonesia with e-commerce in several countries so that e-commerce transactions can be compared to provide more legal protection especially for buyers or consumers.

Keywords
e-commerce, legal protection, consumers.

Topic
Private Law

Link: https://ifory.id/abstract/67NUKTEhz4vY

Corresponding Author
Aida Maysriwigati Mustafa

Institutions
Agung Podomoro University

Abstract
Regulation of maximum term of transition period is 1 (one) year, and cannot be extended is an important aspect for the transition process of the Rusun Management from the Developers to PPPSRS. Practically, the Rusun Magament by Developers run over the term of transition period. Based on these, the authors will study 3(three) principle purpose of the law (rule of law, justice and benefit) regulation in term of transition period, by using The Economic Analysis of Law approach and normative law research methods. Based on the analysis, it was concluded that during the term of transition period, the amount of costs that must be spent by the Developers during the 1 (one) year term of transition period to manage the Rusun, is greater than the results obtained, causing the Developers to incur losses. This reflects that the term of transition period regulation does not provide justice and benefits for the Developers, as contained in the concept of utility and benefit principle, so that it is not a rational choice for the Developers to manage the Rusun for 1 (one) year in the term of transition period. With no sanctions for Developers who manage the Rusun over the term of transition period, this is contrary to the concept of efficiency and the principle of Legal Certainty.

Keywords
Rusun, Sarusun, Developers, PPPSRS, Transition Period, and Rusun management

Topic
Private Law

Link: https://ifory.id/abstract/ZzQfkA6pBWDM

Corresponding Author
Ratri Novita Erdianti

Institutions
University of Muhammadiyah Malang

Abstract
Increasing crime is a problem that occurs in every country in the world, including in Indonesia. This forced the government to try to find the right solution in tackling existing crimes. During this time to droped punishment, judges prefer to choose imprisonment as a favorite choice to give punishment to criminal offenders. Basically, if examined, imprisonment has many weaknesses when it is imposed on criminal offenders, especially those that are mild or included imprisonment in the short term so that according to the authors of imprisonment it begins to be irrelevant to droped to criminal offenders, especially related with the purpose of punishment. Some of the weaknesses that arise from imprisonment include the impact on prisonization, dehumanization, stigmatization of prisoners. With these problems, in essence, an alternative punishment is needed that can be a solution that can avoid various problems that arise from imprisonment. In the Criminal Code article 14a has regulated a punishment which is usually called probation penalty. Convictions are a form of crime where the convicted person does not need to through imprisonment in prison, but is a form of criminal punishment wherein the convicted person is given general or special conditions which are not committed to or do not repeat the same criminal offense or other criminal acts within a predetermined period. If in the conditions violated by the convicted person, then the convict must automatically go back to jail as automaticlly. This paper will review the effectiveness of probation penalty as punishment of crime that is able to overcome the problems posed by imprisonment which in this case probatian penalty have relevance to the purpose of the punishment system to be achieved

Keywords
Imprisonment, Probation penalty, punishment system

Topic
Criminal Law

Link: https://ifory.id/abstract/2TRDKhyNvM9L

Corresponding Author
Dwi Ratna Indri Hapsari

Institutions
University of Muhammadiyah Malang

Abstract
Environmental problems have occurred in the global, regional and national scope of both countries developed and developing countries. Environmental problems are not only problems of developed countries or industrialized countries including Indonesia. Efforts to overcome problems the environment in developing countries has no choice but to carry out development. Without development the standard of living of the people decreases and the environment will be increasingly damaged. Development must still be done without damaging and polluting the environment. Balance this must be done in order to preserve the environment. Indonesia has started pay attention to environmental management since 1972. Dispute resolution the environment through litigation has not produced much results. Dispute resolution conducted through non-litigation channels is based on the presumption that the settlement Environmental disputes through the litigation path result were very disappointing for victims of pollution environment. This study wants to conduct a study related to the implementation of Government Regulations Number 54 of 2000 concerning the Dispute Settlement Service Provider Institution Environment Outside the Court.

Keywords
non litigation dispute settlement, environment

Topic
Private Law

Link: https://ifory.id/abstract/vtfhJ2k7rw4a