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The 1st International Conference on Trade, Business, Human Rights, and Globalization (ICTBHRsG 2019)

Event starts on 2019.11.12 for 2 days in Makassar

http://ictb-hrsg.unhas.ac.id | https://ifory.id/conf-abstract/tvDFqNu9C

Page 1 (data 1 to 30 of 84) | Displayed ini 30 data/page

A GOOD FAITH IN SETTLEMENT OF BUSINESS DISPUTES THROUGH MEDIATION
JASMANIAR

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Corresponding Author
JASMANIAR JASMANIAR

Institutions
PhD Program, Faculty Of Law of HASANUDDIN UNIVERSITY

Abstract
Litigation or arbitration are not still be the best options for dispute settlement. Settlement through court needs more time, cost, and has a bad influence towards the relationship between the parties for a long term condition. On the other hand, through an arbitration also requires a highly cost. In contrast with meditaion, it can be reducing the cost and time in dispute settlement, and also maintaining the relationship between all parties. A good faith of disputing parties is the importance of mediation. The aim of this study are identifying the criterias of a good faith in mediation and sanctions of violators. This is a normative legal research, use a secondary data and qualitative analysis to answer the question.

Keywords
good faith, mediation, settlement dispute, bussiness dispute

Topic
Investment and Settlement Disputes

Link: https://ifory.id/abstract/jMKEyuQNP27T


ABORTION OF PREGNANCY DUE TO RAPE (PRESPECTIVE OF HUMAN RIGHTS)
(1) Nurhayati, (2) Andi Muhammad Sofyan, (3) Slamet Sampurno, (4) Syamsuddin Muchtar

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Corresponding Author
Nurhayati Nurhayati

Institutions
Faculty of Law Hasanuddin University

Abstract
In Indonesia, abortion is a very worrying phenomenon. The debate over whether or not abortion may be carried out is also still an actual topic related to the assumption whether or not the fetus may be aborted for certain reasons and whether abortion violates human rights or not. This research aims to determine the legality of abortion for pregnancy due to rape if confronted with the right of life of the fetus in the womb of the mother in the perspective of human rights. In this case, abortion is a form of conduct classified as a crime in the Criminal Code, so that abortion is threatened with criminal, on the other hand there are exceptions in Law No. 36/2009 which legalizes abortion, especially if the abortion was carried out due to medical emergencies or pregnancy due to rape. The method used in this research is normative juridical through the concept approach and legislation approach. From the results of this study it can be concluded that abortion of pregnancy due to rape in the view of human rights cannot be justified because the right of life of the fetus is a natural right that must be protected. The legality of abortion in Article 75 paragraph 1b of Law Number 36 of 1999 concerning Health which gives space to be allowed to have an abortion on the grounds that pregnancy due to rape should be rethought, because legalizing to eliminate the life of a fetus is the same as legalizing murder.

Keywords
abortion, Rape, human rights

Topic
Human Rights

Link: https://ifory.id/abstract/z7CwJbrtyVUR


ACCOUNTABILITY REFORM POLICY CRIMINAL COMMERCIAL SEX WORKERS
(1) Rahayu Kojongian, (2) Hamzah Halim, (3) Slamet Sampurno, (4) Iin Karita Sakharina

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Corresponding Author
Rahayu Kojongian

Institutions
Faculty of Law Hasanuddin University

Abstract
ABSTRACT ACCOUNTABILITY REFORM POLICY CRIMINAL COMMERCIAL SEX WORKERS Rahayu Kojongian ”, Hamzah Halim, Slamet Sampurno, Iin Karita Sakharina Faculty of Law, Hasanuddin University, Indonesia * E-mail correspondent writer ayoekojo@gmail.com The rise of prostitution as if it does not have a deterrent effect on the perpetrators, the Criminal Code can only be used to ensnare pimps / pimps / providers of commercial sex workers. whereas Articles which can be used to ensnare commercial sex workers are regulated in their respective regional regulations. Based on the principle of lex superior derogat legi inferior, of course the regulation prohibiting prostitution cannot be enforced because it contradicts the Criminal Procedure Code as a higher law. The existence of prostitution has lowered ones dignity as a civilized human being. Disputes between prostitution activities with moral values, religion, and culture certainly become philosophical and sociological issues in building an ethical, cultured, and civilized society. This study uses a social-juridical approach. This type of research is adapted to the formulation of the problem under study, namely 1. What is the Reformulation Policy on Criminal Liability for Commercial Sex Workers? 2. What Constraints Are Faced In Providing Sanctions As A Form Of Criminal Liability For Commercial Sex Workers? 3. What is the Effort to Overcome Obstacles to Criminal Liability for Commercial Sex Workers? Conclusions 1. In the process of providing sanctions to prostitutes, law enforcement officials have complied with applicable regulations. its just that we need to reformulate criminal responsibility aimed at commercial sex workers too.2. There are no rules that explicitly prohibit the practice of prostitution. 3. efforts taken for commercial sex workers are only by rehabilitation keywords: Prostitution, Cyber, Criminal Law Reform

Keywords
Prostitution, Cyber, Penal Law Reform

Topic
Human Rights

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


Agrarian Reform in human rights and Good Governance
Israwati Akib

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Corresponding Author
Israwati Akib

Institutions
Faculty of Law Hasanuddin University

Abstract
Cases of human rights violations in Indonesia began to spread in the agrarian sector. The agrarian conflict has become one of the most serious human rights enforcement challenges this year. There are many cases of disputes that develop into agrarian conflicts. This is caused by differences in the legal basis used to claim ownership of land. One of the characteristics of the phenomenon of agrarian conflict in Indonesia is that the involvement of the state will not be recognized by the control and cultivation of land by the people on lands which are then handed over to other parties. Conflicts that occur because of the actions of one party which is considered as an illegal act or violates the rights of other parties. In addition, it is caused by an unfair court decision and harms the interests of certain parties. Based on the background of the problem, the authors raise the formulation of the problem as follows How is the governments responsibility in upholding human rights in realizing agrarian reform and whether the enforcement of good governance can guarantee the realization of agrarian reform? The research method in this writing is normative. Agrarian reform is one of the efforts in strengthening the communitys assets in the form of land. One form of government responsibility is to make human rights a sign that must be obeyed by the state or government in carrying out its vision and mission. With the principle of good governance can provide greater opportunities in implementing agrarian reform in order to create a just society.

Keywords
Agrarian reform, human rights, good governance

Topic
Governance and Anti-Corruption

Link: https://ifory.id/abstract/dhcGLACW8gFD


ANALYSIS OF ALLEGED PREDATORY PRICING ON ONLINE APPLICATION BASED TRANSPORTATION SERVICES IN BUSINESS COMPETITION LAWS
Marwah

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Corresponding Author
marwah marwah

Institutions
Faculty of Law, Hasanuddin University

Abstract
The development of increasingly advanced science and technology has made various innovations and significant lifestyle changes in peoples lives. One of them is the provision of online application-based services that change peoples lifestyles in the field of transportation. Online transportation services in Indonesia have been around since 2012 and developed rapidly in early 2015 after the launch of the application on Android and iOS phones. The online application-based transportation system offers easy transactions that can be done anywhere via the users mobile phone. In addition to being practical, the company providing transportation services with an online application system also offers certainty of the rates charged in each transaction accompanied by a price promo if passengers use a non-cash payment system using certain electronic payment instruments. However, in mid-2019, the Ministry of Transportation and the Business Competition Supervisory Commission in Indonesia stated that there were indications of violations of unfair business competition which is conducted by transportation business actors with online application system because of the determination of transportation service rates was allegedly unable to cover operational costs that must be incurred by company.

Keywords
Predatory Pricing of Online Transportation Services

Topic
Trade and Business

Link: https://ifory.id/abstract/ZQtf7uGUJg82


Approval of Informed Consent in Indonesia
Sabir Alwy; Afdhal

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Corresponding Author
Kadarudin Kadarudin

Institutions
Hasanuddin University

Abstract
Approval of Informed Consent based on available data was found as much as 80 percent of the 300 cases examined at MKDKI (Indonesian Medical Disciplinary Honorary Council) found in the implementation of Informed Consent was incomplete, it is not clear if information is provided before informed consent is carried out and there are some Informed Consent agreements signed by people who have no competence or authority. What are the consequences that can arise with the approval of the informed consent? and what are the legal consequences?. This paper is an empirical study based on field data and then carried out a qualitative analysis and is supported by a statute approach, conceptual approach and medical law (medicolegal approach). The results found that informed consent was incomplete, unclear and not signed by those who did not have competence or authority, because doctors are too busy with other work so do not have time to meet face to face with patients or the patients family, doctors do not have enough knowledge or understanding of the law, the importance of medical approval from the legal aspect, and there are still doctors who think that the patient or family the patient does not have knowledge of medical science so there is no need to get an explanation or information about the medical action as a result there can be a legal defect or illegal actions

Keywords
informed consent, Indonesia, approval

Topic
Human Rights

Link: https://ifory.id/abstract/v2WukQpZFr6b


Arbitration in Banking Sector: Opportunities and Challenges
Herliana., SH., MCommLaw., PhD

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Corresponding Author
Herliana Herliana

Institutions
Faculty of Law
Gadjah Mada University, Indonesia

Abstract
It is often maintained that innovation in financial sector is a reaction to an economically inefficient framework. However, no such reaction has yet occurred to the way in which financial services disputes are resolved. The finance sector has not embraced arbitration in the same way as other sectors, such as energy, insurance and shipping. The finance sector has acknowledged the increasing prevalence of arbitration as a means of dispute resolution by creating initiatives to encourage, and set rules for, arbitration within the sector. Unlike other sectors that rely heavily on arbitration, disputes in the world of finance have been settled through recourse to national courts of major financial center. The way financial and banking disputes are treated by courts are far from ideal. Judges are not trained to resolve financial disputes. The lack of necessary financial knowledge and technical capacities hinder their jobs to efficiently and structurally render judgments. The question that arise at this point is whether such expertise can be found in arbitral tribunals as an alternative to courtroom litigation. This paper will discuss whether advantages in arbitration be exercised and taken advantage to resolve financial service disputes. In addition, this paper will also analyze the effect of the lack of binding precedents in arbitration. This is because it generates significant concerns for banks and institutional investors that could be faced with arbitrating the same issue multiple times against different counterparties without the point at issue ever being resolved. A recent report suggests that awareness of commercial international arbitration within the banking and finance sector remains limited. The report highlights the untapped potential of international arbitration in financial disputes, and provides recommendations as to where greater use of it could be made. It would appear that awareness has increased, with a more recent survey indicating that those in the finance sector are more interested in arbitration than ever before. Research will be conducted through journals and literatures

Keywords
Arbitration, Banking,

Topic
Investment and Settlement Disputes

Link: https://ifory.id/abstract/4R8zATLDeKQf


Blasphemy Legal Politics and Indonesia Restrictions on Freedom of Opinion: A Critical Review of Moral Considerations
Galang Taufani (a), Shallman (b)

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Corresponding Author
Galang Taufani

Institutions
Galang Taufani
Programme Doctor, Faculty of Law, Diponegoro University
taufanigalang[at]gmail.com

Shallman
Faculty of Law muhammadiyah Surakarta university

Abstract
Article 28 of the 1945 Constitution of the Republic of Indonesia (NRI Constitution provides a guarantee or guarantee of how every Indonesian citizen has the right to express his opinion. Furthermore, the granting of freedom to express an opinion is a limited aspect, as stated in Article 28J of the 1945 Constitution. Incorrect aspects The limitation used in this restriction is moral, what is moral, how is moral the basis of the limitation in expressing opinions in public? This paper tries to explore the political aspects of law as well as the challenges to blasphemy or the categories of opinion included in blasphemy.

Keywords
Balsphemy, moral considerations, and restrictions on human rights

Topic
Human Rights

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


BUSINESS DISPUTE RESOLUTION THROUGH ON LINE DISPUTE RESOLUTION IN INDONESIA: ITS CHALLENGE AND OPPORTUNITY
Winner Sitorus

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Corresponding Author
Winner Sitorus

Institutions
Faculty of Law Hasanuddin University

Abstract
Resolving business disputes requires quick and confidential resolution. Today, in addition to developing business dispute resolution through conventional alternative dispute resolution, dispute resolution has also been developed through online media. In Indonesia, the new Online Dispute Resolution is in the stage of introduction and socialization. This article tries to analyze indicators that can support and hinder the use of Online Dispute Resolution as a business dispute resolution in Indonesia. The indicators used are legal, psychological, economic, and social indicators. Based on the existing indicators will be given a solution to solve the problem.

Keywords
business disputes, dispute resolution, online

Topic
Investment and Settlement Disputes

Link: https://ifory.id/abstract/kXxWZv69uKB4


CANCELLATION STANDARD OF AGREEMENTS BASED ON THE DOCTRINE OF UNDUE INFLUENCE IN COURT VERDICTS
Adlin Budhiawan, Tan Kamello, Ningrum Natasya Sirait, Hasim Purba

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Corresponding Author
Adlin Budhiawan

Institutions
Faculty Of Law UNIVERSITY OF NORTH SUMATERA

Abstract
The doctrine of undue influnce has now become one of the new grounds of will defect to cancel the agreement or contract in the court-s practices. Undue influence as a condition of will defect is not set out in the Civil Code. This study discusses the cancellation standard of the agreement due to a defect of will be based on the doctrine of undue influence in the court judgments. The research method is a normative juridical through several approaches: doctrinal approach and theoretical approach that are associated with secondary data in the form of statutory provisions, and court verdicts relating to the legal problems. The results of the study found that the court verdicts to cancel the agreement based on the doctrine of undue influnce is occurs due to two main factors: the economic excellence factor and the psychiatric excellence factor. Several elements used to see the event are (1) the existence of a special circumstance, (2) a real thing, (3) abuse of circumstance, and (4) causal relationship. It can be concluded that undue influence doctrine is contrary to the principle of justice, the principle of freedom of contract, the principle of consensus, the principle of good faith, as well as the principles of decency and habit. It-s recommended to form a legal norm in the Civil Code. The doctrine of undue influence should also be specified to limited circumstances of pre-contract, after execution of the contract, or because of a real loss for either the involved parties.

Keywords
cancellation standard, agreements, undue influnce, verdicts

Topic
Trade and Business

Link: https://ifory.id/abstract/rdaBLjDY7TH4


CHANGING THE CONCEPT OF SEVERANCE REGULATION IN THE REVISION OF LAW NUMBER 13 OF 2003 CONCERNING MANPOWER
Fithriatus Shalihah, Muhammad Nur

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Corresponding Author
Fithriatus Shalihah

Institutions
Universitas Ahmad Dahlan

Abstract
The revision of Law Number 13 of 2003 regarding Manpower has been determined to be included in the 2019 national legislation program. Businessmen have urged to immediately revise the severance pay rules in that law because it is considered higher than other countries so that it burdens businessmen. Meanwhile, the worker-s unions also made a massive rejection of the plan. According to workers, the revision of the terms of severance according to the insistence of employers is very impartial to workers and could lead to massive termination of employment in Indonesia. This study will examine how arrangements related to severance should be applied in Indonesia to accommodate the interests of employers and workers. The author uses normative juridical research methods. The data collection method used is the literature study. The tools used are documents in the form of primary legal materials, secondary legal materials, and non-legal materials. The data obtained were then analyzed qualitatively then presented descriptively. This paper found that arrangements relating to severance pay need to be returned to their philosophy, namely as -provision- for workers/laborers who have been terminated from employment until the person concerned gets a new job. So according to the authors, the amendment to the labor law is more appropriate if the elimination of severance is done and replaced with a termination compensation system as applied to civil servants.

Keywords
Concept, Severance, Revision, Manpower

Topic
Governance and Anti-Corruption

Link: https://ifory.id/abstract/2nVfeADtdr9h


COLLABORATION OF ISLAMIC FINTECH AND BMT AS THE CATALYST FOR SUPPORTING SMALL AND MICRO ENTREPRENEURSHIPS (SMEs)
Fiska Silvia Raden Roro*), Trisadini P. Usanti , Xavier Nugraha ,Antonius Gunawan Dharmadji , Citi Rahmati Serfiyani

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Corresponding Author
Fiska Silvia Raden Roro

Institutions
*)fiska[at]fh.unair.ac.id
Department of Private Law
Faculty of Law
Airlangga University
Jl. Dharmawangsa Dalam Selatan, Surabaya 60286, Indonesia

Abstract
COLLABORATION OF ISLAMIC FINTECH AND BMT AS THE CATALYST FOR SUPPORTING SMALL AND MICRO ENTREPRENEURSHIPS (SMEs) Fiska Silvia Raden Roro*), Trisadini P. Usanti , Xavier Nugraha ,Antonius Gunawan Dharmadji , Citi Rahmati Serfiyani Department of Private Law Faculty of Law Airlangga University Jl. Dharmawangsa Dalam Selatan, Surabaya 60286, Indonesia *) fiska@fh.unair.ac.id Keywords: BMT, Islamic fintech, Lending/ Loan, Funding, SMEs Theme :Trade and Business Presentation Preference : oral ABSTRACT One of the Islamic financial institutions which play a role in supporting the Islamic financial industry and the Indonesian economy is Baitul Mal wa Tamwil. Baitul Mal wa Tamwil (BMT) emerged as an option for SMEs (small and Macro Entrepreneurships) in Indonesia to obtain loans in a simpler way. BMT is an integrated independent business center and supporting financing of economic activities. Meanwhile, entering the disruptive iinovation era, BMT began to face some problems in its survival and development. This paper aims is to analyses the problems and to give solutions for BMTs in order to collaborate with Islamic fintech in the term of funding as catalyst of SMEs. The methodology of this reserach is a normative method with a conceptual approach and statute approach. As an catalyst, it is needed a synergy from the development of fintech to BMT as a sharia-based microfinance institution to be able to further encourage the growth of SMEs in Indonesia. BMT still has many problems and requires serious monitoring from the Financial Services Authority (OJK) and the Ministry of Coops. Moreover, we still find some illegal BMTs whose do not have licenses yet and/ or their operations are not in accordance with their business permit. Furthermore, still there is a lack of literacy about loan in Islamic business law perspective, Islamic Fintech platform and BMT itself.

Keywords
BMT, Islamic fintech, Lending/ Loan, Funding, SMEs

Topic
Trade and Business

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


COMPARATIVE LAW STUDY ON IMPLEMENTATION OF REGIONAL AUTONOMY IN YOGYAKARTA AND ACEH IN SPECIAL PRIVATE SECTORS
Dr.Anom Wahyu Asmorojati,SH.,MH

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Corresponding Author
Anom Wahyu Asmorojati

Institutions
Ahmad Dahlan University

Abstract
As a state with a unitary form, Indonesia is unique in its regional governance system. The uniqueness is that there are several regions in Indonesia that have special status and have special rights that are not owned by other regions. Regions that have special status include Yogyakarta and Aceh. The purpose of this paper is to examine legally the implementation of regional autonomy in the Special Region of Yogyakarta and the Special Region of Aceh in the review of special regions The method used in this paper is normative and empirical juridical methods. The normative juridical method conceptualizes the law as norms and principles through the systematic classification of data by analyzing applicable legal regulations, particularly those relating to the privileges of Yogyakarta and Aceh. Furthermore, an empirical juridical approach is used to see and compare the implementation of regional autonomy in Yogyakarta and Aceh in the perspective of special regions The implementation of regional autonomy in the Special Region of Yogyakarta and the Special Region of Aceh has a fundamental difference that is on the basis of privileges and historical privileges. The law that forms the basis of Yogyakartas specialties is Law No. 13 of 2012 concerning the Privileges of the Special Region of Yogyakarta while Acehs specialties are regulated by Law Number 18 of 2001 concerning Special Autonomy for the Special Region of Aceh as the province of Nanggro Aceh Darussalam. The fundamental difference in the privilege status of Yogyakarta lies in the authority granted in the privilege law. The specialty of Yogyakarta is more due to historical factors in the formation of the Unitary State of the Republic of Indonesia, while the specialty of Aceh emphasizes the application of Islamic law in the implementation of regional autonomy

Keywords
Regional Autonomy, Privileges

Topic
Democracy, Constitution, and Globalization

Link: https://ifory.id/abstract/C4TXHrE2qLkt


CORPORATE SOCIAL RESPONSIBILITY FOR FOREIGN INVESTORS IN INDONESIA: COUNRTY RISK OR INSTRUMENT OF SUSTAINABLE BUSINESS?
Imamulhadi, Bambang Daru Nugroho, and Tarsisius Murwadji

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Corresponding Author
Tarsisius Murwadji

Institutions
Faculty of Law, Padjadjaran University, Bandung

Abstract
The regulation and practice of Corporate Social Responsibility (CSR) in Indonesia is increasingly troubling for foreign companies willing to invest. This problem is formed due to the bias between the paradigm that was first published in the United States and European countries, with the already set paradigm in Indonesia. In the beginning of its history, CSR was a development of a companys business ethics initially focused on product reliability, which became a concern for all company stakeholders. Through this CSR, the companys development will be guaranteed because it is supported by all internal and external stakeholders. CSR is one of the 7 pillars of future corporate management. The CSR paradigm bias in Indonesia is triggered by the interpretation bias of the term -social- in “Corporate Social Responsibility”. In the United States, it is broadly defined as a “stake holder”, whereas in Indonesia, it is interpreted in a narrow sense, namely "sosial" or "people who needs to be helped". As a result, CSR is defined as a companys responsibility to assist the community. Capital assistance for micro and small businesses, scholarships, bridges and road development in villages are examples of the CSR implementation that are based on charity and are not related to the sustainability of a companys business. CSR in Indonesia is considered as an opportunity for the government to create a channel to attract finance from companies for the benefit of the wider community. The inaccuracy in interpreting the terminology is not merely an inaccuracy of the paradigm, but can also lead to a regulation rendering it-s requirements from voluntary to obligatory accompanied by sanctions. The hypothesis proposed in this article is: "CSR paradigms and regulations in Indonesia do not guarantee the sustainability of corporate business but rather tend to be a country risk". In the context of globalization in all sectors, particularly international investment in Indonesia, it is necessary to conduct an audit, which the author named Legal Quality Audit, to perform tests both normatively and practically. The Legal Quality Audit applied here is the original legal theory of the author which has been used as a legal theory in several dissertations in Padjadjaran University. The purpose of this Legal Quality Audit is to test the hypothesis raised above. The results of the study proves that the proposed hypothesis is proven to be correct, meaning that the regulation of CSR in Indonesia is indeed burdensome to international (foreign) investors and creates country risk. CSR in Indonesia focuses on community development and not on sustainable business. In this article, we discuss in detail the new paradigm of CSR in Indonesia as one of the pillars of future business management, which ensures the sustainability of the business of foreign investors in Indonesia and satisfies all of its stakeholders.

Keywords
corporate social responsibility, legal quality audit, country risk, sustainable business, international investment

Topic
Trade and Business

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


CORRUPTION PREVENTION POLICY BY THE CORRUPTION ERADICATION COMMISSION IN THE ERA OF 4.0 INDUSTRIAL REVOLUTION
Michelle Kristina

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Corresponding Author
Michelle Kristina

Institutions
Faculty of Law Surabaya University

Abstract
The Constitution of the Republic of Indonesia guarantee the fulfill of the right of every person to develop himself by benefit from the development of technology and science for human welfare. The rapid advance of technology and science is certainly unavoidable but it must be utilized and used to optimally for the progress and welfare of humanity. Various benefits of advances technology have been felt both directly and indirectly. Today, the development of advances technology is increasingly echoed by the presence of the 4.0 Industrial Revolution. Indonesia has seen a variety of opportunities offered by the presence of the 4.0 Industrial Revolution. However, the presence of utilizing these advances technology can also have a negative impact, especially in the dimension of Corruption which is currently growing with various mode of crime and their interests. The potential for the occurrence of Corruption in the development of the 4.0 Industrial Revolution-s era must be carried out accurately and immediately in the form of policies in the field of prevention and eradication. The Corruption Eradication Commission (CEC) as a state agency given the authority to eradicate Corruption needs to have effective and efficient strategies, not only in the area of eradication, but also the application of policies in preventing Corruption. Corruption Prevention Policy can be used by the CEC by utilizing advances technology in this current 4.0 Industrial Revolution. Corruption Prevention Policy in the era of 4.0 Industrial Revolution will assist the CEC in carrying out prevention efforts so that the CEC-s workload in taking action to eradicate Corruption can be more optimal.

Keywords
Corruption Prevention Policy, Corruption Eradication Commission, 4.0 Industrial Revolution

Topic
Governance and Anti-Corruption

Link: https://ifory.id/abstract/Hw8Xc4gyABdh


Criminal Defamation as The Retriction of Freedom Of Expression
Hijrah Adhyanti M, Muhammad Ashri, Zulkifli Aspan

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Corresponding Author
Hijrah Adhyanti Mirzana

Institutions
Law Faculty of Hasanuddin University

Abstract
This paper is intended to study the legality of criminal defamation as the restriction of Freedom of Expression. This paper is a legal writing therefore is normative. The Result of this writing is that every human right has the same position so that if there is a conflict between human rights, then the two rights are not mutually eliminating but supporting and limiting. Therefore, in order to balance, the protection of honor and reputation is a restriction to freedom of expression. Criminal defamation is a legal restriction to freedom of expression because it is manifestation from the protection of honor and reputation.

Keywords
criminal defamation, freedom of expression, protection of honor and reputation

Topic
Human Rights

Link: https://ifory.id/abstract/edyGLEvTnJ29


CRIMINAL LAW AND HUMAN RIGHTS ANALYSIS ABOUT CRIMINAL SANCTION OF "CHEMICAL CASTRATION" TO THE PERSON SEXUAL VIOLENCE AGAINST CHILDREN
(1) Dr. Antonius Sudirman, S.H., M.Hum. (2) Dr. Winner Sitorus, S.H., M.H., LLM.

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Corresponding Author
Antonius Sudirman

Institutions
Dr. Antonius Sudirman, S.H., M.Hum., Faculty of Law Atmajaya Makassar University
Dr. Winner Sitorus, S.H., M.H., LLM., Faculty of Law Hasanuddin University

Abstract
Issues discussed in this paper: (1) What is the perspective of criminal law regarding criminal sanctions of "chemical castration" against perpetrators of sexual violence against children? (2) What is the perspective of human rights regarding "chemical castration" criminal sanctions? (3) Are there juridical problems in implementing "castration" chemical sanctions? Data collection techniques in the form of study documents. Data were analyzed using qualitative descriptive analysis. The results of the discussion: first, the inclusion of "chemical castration" criminal sanctions in the law is intended as retaliation to perpetrators of sexual crimes against children. In the Indonesian context the sanctions are seen as incompatible with criminal objectives as a means of protecting the community. Second, the provisions of the criminal sanction of "chemical castration" violating human rights, namely the right not to be tortured or treated inhumanely [vide Article 28G paragraph (2) of the Constitution of the Republic of Indonesia (UUD 1945)]. In Article 28I of the 1945 Constitution, the right not to be tortured is classified as a right that cannot be reduced under any circumstances. Third, criminal sanctions "castration chemistry" have difficulty in its implementation, because the Indonesian Doctors Association refused as executor of punishment "castration chemical" which is considered very contrary to medical ethics.

Keywords
Criminal Law; Human Rights; Criminal Sanction; Chemical Castration.

Topic
Human Rights

Link: https://ifory.id/abstract/2y9zP4EfbX76


CRIMINAL LAW ASPECT OF ILLEGAL TRANSSHIPMENT UNDER ACT NUMBER 45 OF 2009 CONCERNING FISHERIES
(a) herman, (b) syahbudin, (c) oheokh

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Corresponding Author
oheo kharis

Institutions
Univeristy of Halu Oleo

Abstract
This study aims to analyze the practice of illegal transshipment in compliance with Act Number 45 of 2009 criminal provisions law concerning Fisheries, using legal concept, law, and case approaches. Nowadays, there are various operational modes of fish theft, with poor regulations that maximally accommodate crimes related to fisheries by perpetrators. Therefore, due to its unsustainability and economic loss, the fisheries and marine sector in Indonesia has to improve its performance. The results show that illegal transshipment engages some elements contained in Article 94 and 94A of Act Number 45 of 2009 which was an amendment of Act Number 31 of 2004. According to article 94, when a fishing vessel is caught transferring shipment in the middle of a high sea without in possession of a license called SIKPI, its owner/s are sentenced to 5-years imprisonment with a IDR 1,500,000,000 (one billion and five hundred million rupiah) fine. Meanwhile, according to Article 94A, when a fishing vessel is caught using fake licenses such as SIUP, SIPI, and SIKPI, its owner/s are sentenced to 7 years imprisonment with a fine of IDR 3,000,000,000.00 (three billion rupiahs).

Keywords
Criminal Law Illegal Transshipment Act Number 45 of 2009 concerning Fisheries

Topic
Maritime, Environment and international policy

Link: https://ifory.id/abstract/Aaxe6KPuVgCq


Criminal Law Policy in an Effort to Make the Criminal Fines Effective
Nur Azisa; Arnita Pratiwi Arifin

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Corresponding Author
Nur Azisa

Institutions
Hasanuddin University

Abstract
Criminal law policy is a political law that aims to enable positive criminal law regulations to be formulated better in terms of substance. Criminal fines are the imposition of financial obligations that must be paid by the convicted to the state. Therefore, the regulation needs to be maximized because the fine is included in Non-Tax State Revenue (PNBP). There is one major weakness in the substance of criminal fine regulation. The formulation of criminal sanctions for fines in criminal law legislation does not have the power of execution yet, so there are many cases of unpaid fines and it always lead to imprisonment in lieu of fines. Therefore, criminal law policy needs to transform the Collateral Confiscation (Conservatoir Beslaag) in civil legal system with the aim that criminal fines will be more effective in their execution. Collateral Confiscation at the investigation level can be implemented because criminal fines are debts to be paid (Article 1311 of the Civil Code) so that all movable and immovable properties belonging to the debtor (convicted) become the collateral of debtors debt (convicted)

Keywords
criminal fines, criminal Law Policy, the power of execution

Topic
Democracy, Constitution, and Globalization

Link: https://ifory.id/abstract/WgKVT6PjamD8


Demokrasi Pancasila as a Third Ideology: Negation of Western Securalism and Islamic Caliphate
Dr. Mardi Adi Armin, M.Hum

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Corresponding Author
Mardi Adi Armin

Institutions
Faculty of Cultural Studies, Universitas Hasanuddin
mardi.adi[at]unhas.ac.id

Abstract
Pancasila is a state ideology that has been formulated by founding father who has been founded from the phenomenon of Indonesian national life itself. As a state ideology, Pancasila is not based on certain religions and races such as Islamic ideology, Christian ideology nor is it a secular ideology that separates religion from state. It is different from secular states where religion is a private matter and on Islamic ideology where theocracy is the basis of state. Pancasila summarizes and guarantees the right of every citizen to practice a religion and belief. Until now the Pancasila Ideology has been proven able to unite the nation and state and will be proven in the future. In the current ideological conflict between the ideology of the left, namely socialism and communism with the right ideology of conservative and ultra-nationalism, Pancasila appears as the third ideology, which is close to social democracy. With its five principles, Pancasila animates all aspects of national and state life of Indonesian people.

Keywords
Pancasila, Third Ideology, nation, secular, theocracy

Topic
Democracy, Constitution, and Globalization

Link: https://ifory.id/abstract/nGvYdPhN96Rz


Does encouraging investment on maritime environment is the best way for countries? International policy on doing business and sustainable development
(1) Birkah Latif (2) S. M. Noor (3) Juajir Sumardi (4) Irwansyah

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Corresponding Author
Birkah Latif

Institutions
Faculty of Law Hasanuddin University

Abstract
The state as a policyholder plays an important role in the development of its welfare and economy. One of the natural resources owned by the state besides oil and gas is the maritime sector. Maritime is predicted as a contributor to human life, which affects many joints of life. Improper management can lead to loss of economic potential and even cause environmental damage. For this reason, it is necessary to study more deeply the development and proper handling of the maritime environment and its habitat in the development of a country.

Keywords
trade, environment, maritime, human right.

Topic
Human Rights

Link: https://ifory.id/abstract/Ejpxnm9BGdKt


ECONOMIC APPROACH INSTRUMNET RELATED TO THE ENVIRONMENT INSURANCE GIVEN IN ORDER TO ENFORCE THE ENVIROMENTAL LAW
(1) Dr. Muh. Hasrul, S.H., M.H. (2) Dr. Iin Karita Sakharina, S.H. (3) M.A., H. Syafa-at Anugrah Pradana, S.H., M.H.

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Corresponding Author
Muhammad Hasrul

Institutions
Faculty of Law Universitas Hasanuddin

Abstract
Economic Approach instrument related to the given environmental insurance specially enforcing the environmental law which have been arranged in the Law Number 32 year 2009 of protection and environmental management under 42 article 1 that affirming, in order to preserve the environment function, the government and the local government obliged to expand and applied the economic instrument of environment. One of among other thing is environmental insurance development. The Essence of environment insurance is to protect when environment damage is happened.

Keywords
environmental insurance, economic instrument, environment, Environmental law enoforcement.

Topic
Maritime, Environment and international policy

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


Essence of Law Enforcement of Legislative Election Crimes
Andi Baso Zulfakar, Slamet Sampurno, Muhadar, Amir Ilyas

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Corresponding Author
Andi Baso Zulfakar

Institutions
Faculty of Law Hasanuddin University

Abstract
Elections are a form of peoples political participation in a democratic country, so cleanliness, honesty and fairness in the implementation of general elections will reflect the quality of a countrys democracy. Indonesia from the beginning has had regulations regarding elections. However, this ideal condition does not seem to run smoothly without anomalies or phenomena that injure the idealistic values of the General Election, from the very beginning to the last General Election, there are always violations of Election norms. Election crime in Indonesia has experienced several developments, including; the wider scope of election criminal acts, the increase in types of election criminal acts, and the increase in criminal sanctions. Efforts to uphold the law against election crimes are a way to achieve honest and fair elections carried out using criminal law, in the form of imprisonment and confinement / fines. Election crime is seen as a prohibited act that is serious in nature and must be resolved immediately, so that the objective of establishing criminal provisions to protect the democratic process through elections can be achieved. The issue raised is whether the nature of law enforcement against legislative election criminal offenses. This type of research is normative research supported by empirical data. The approach used is a conceptual / theoretical approach, legislation approach and comparative approach. The results of this study indicate that the nature of law enforcement of legislative election criminal acts is an effort to force compliance with laws that are general or individual in nature through preventive and repressive efforts in an effort to realize an overflowing and fair legislative elections.

Keywords
Law enforcement, elections, legislative

Topic
Democracy, Constitution, and Globalization

Link: https://ifory.id/abstract/DYUQpvj8cHkB


EXTRATERRITORIALITY PRINCIPLE ON INDONESIA MERGER CONTROL REGULATION
Ria Setyawati, Alifa Nurin Sabrina

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Corresponding Author
Ria Setyawati

Institutions
Law Faculty, Universitas Airlangga

Abstract
EXTRATERRITORIALITY PRINCIPLE ON INDONESIA MERGER CONTROL REGULATION Ria Setyawati Alifa Nurin Sabrina Universitas Airlangga Faculty of Law E-mail: ria.setyawati@fh.unair.ac.id, alifanurinsabrina@gmail.com Phone : 081233739420, 082234067016 ABSTRACT : The definition of business actors regulated in Law No.5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition only covers Business Actors who are established and domiciled or as long as carrying out their activities within Indonesian territory, this matter is considered to be too narrow and it actually becomes an obstacle in law enforcement of business competition in the event of anti-competitive practices carried out by business actors from outside the territory of Indonesia which has an impact on the Indonesian market and economy. One of the issues regarding the case of extraterritoriality contained delays in notification of the acquisition by Toray adavanced Materials Korea towards Wongjin Chemical to KPPU, but in this case KPPU is deemed not to have Extraterritorial authority in enforcing business competition law against two business actors domiciled outside the Indonesian jurisdiction. Therefore, it is necessary to apply the Extraterritoriality principle in the context of enforcing fair business competition law in Indonesia, one of them is an effort to supervise Mergers and Acquisitions. In this study the author will discuss the Application of the Extraterritoriality Principle to the enforcement of business competition law in supervision of acquisitions with normative juridical legal research methods. The approaches used in this legal research are the statue approach which refers to Law No. 5 of 1999 and other related regulations, conceptual approach and case approach by examining the case decision of KPPU No.17/KPPU-M/2015 which has been corroborated by the decision of the Supreme Court No.310K/Pdt.Sus-KPPU/2017.The results of this study indicate the application of extraterritoriality principle on business competition law enforcement in Indonesia by the Business Competition Supervisory Commission (KPPU) in the effort to supervise acquisitions.

Keywords
Extraterritoriality Principle; Business Competition Law Enforcement; Acquisition, merger

Topic
Trade and Business

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


First-To-File Principle Problems in Trademark Law: Enhancements of Dispute Settlement
Bebeto Ardyo

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Corresponding Author
Bebeto Ardyo

Institutions
University of Surabaya (UBAYA)

Abstract
Nowadays, legal protection relating to the trademark rights is becoming a problem that attracts the attention of many people. Not only on a national scale, the rapid development of technology and globalization have also demanded the law to provide protection of trademark rights across national borders. One form of protection is through the "First-To-File" principle that used in the process of registering trademark rights where the person entitled to the mark is the person who first registers the mark. The "First-to-File" principle is intended to guarantee certainty of the law but on the other side, it has risen another problem which is the beneficial and fairness of certain parties who apparently have used the mark first. If it comes to cases of disputes in Indonesia and most countries that use the “First-to-File” principle, trademark users are only protected if they have registered the trademark rights which causes disadvantages to those who haven-t registered the trademark rights, but have used their trademark first or even if their trademark are the well-known marks. This paper aims to examine the possible ways for the enhancements of trademark rights dispute settlement, which is inspired by a common law doctrine called "Passing Off" which gives the possibility to provides protection to unregistered trademark users over the registered ones.

Keywords
Rights, Trademark, First-To-File, Dispute Settlement

Topic
Trade and Business

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


FREEDOM OF COMMUNICATION OF DIPLOMATIC AGENT ACCORDING TO THE 1961 VIENNA CONVENTION ON DIPLOMATIC RELATIONS ( Australian wiretapping case study of Indonesia)
Arfah Tjolleng

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Corresponding Author
Arfah Tjolleng

Institutions
Indonesian Moslem University

Abstract
The receiving State shall permit and protect free communication on the part of the mission for all official purposes. in communicating with the Govemmerit and the other missions and consulates of the sending State, wherever situated, the mission may employ all appropriate means, including diplomatic couriers and messages in code or cipher. However, the mission may install and use a wireless transmitter only with the consent of the receiving State. The basic duty of a diplomat is to report to his government on political even, policies, and other related matter (ascertaining by all lawful means conditions and development in the receiving state, and reporting thereon to the government of the sending state).

Keywords
Communication, Diplomatic

Topic
Governance and Anti-Corruption

Link: https://ifory.id/abstract/CLy8AX2EYHgt


HALAL MANIPULATION: BUSINESS LAW LIABILITY RESPONSIBILITIES
(1) Tuti haryanti , (2) Abrar Saleng , (3) Ahmadi Miru , (4) Winner Sitorus

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Corresponding Author
Tuti Haryanti

Institutions
Faculty of Law Hasanuddin University

Abstract
Submission of halal certification in the UUPK which is voluntary in nature has become mandatory after the enactment of UUJPH. The existence of these rules requires businesses to apply for halal certification. Business actors who have obtained halal certificates must follow the halal production requirements. In fact, some business actors are unable to maintain the halal consistency of raw materials, additional to the product production process. This study aims to analyze whether business actors can be held liable The type of research used in normative research. The data used in this study are primary data and secondary data. The data collected was analyzed qualitatively and then performed a encryption. The results show that the halal product process is a state command as a manifestation of Gods obedience. Inconsistency of business actors procedurally and in substance is an unlawful act (onrechmatige daad) because it results in transedental property, health and spiritual losses. Business actors are responsible for material and immaterial losses by providing cumulative compensation, so there is a need to renew the UUPK law as a step in synchronizing with UUJPH.

Keywords
Responsibility, consumers, losses

Topic
Trade and Business

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


HOW GLOBALIZATION AFFECT THE CONSIDERATION OF THE INDONESIAN CONSTITUTIONAL COURT IN DECIDING CONSTITUTIONAL REVIEW CASES?
Andy Omara

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Corresponding Author
Andy Omara

Institutions
Universitas Gadjah Mada School of Law
Sosiojusticia No. 1 Bulaksumur
Yogyakarta Indonesia 55281

Abstract
The introduction of The Indonesian Constitutional Court (Mahkamah Konstitusi-MK) in 2003 is often considered as an important achievement of the most recent Constitutional amendments (1999-2002). This new Court has significant authorities in protecting the constitutional rights of the citizens and upholding the norms of the Constitution. MK has five constitutional authorities i.e. settling dispute in general election; settling the dispute competence among state institutions; conducting constitutional review, dissolving political parties and providing legal opinion in presidential impeachment process. As a newly established legal institution, MK needs all necessary laws and regulations to exercise its constitutional mandates. These include the Constitution and other relevant legislation such as the MK Law and the Judicial Powers Law. In general, the work of MK, both substantive (material) and procedural (formal) law, is regulated in specific law namely Law No 24 of 2003 on Mahkamah Konstitusi Republik Indonesia (MK Law) which was then amended by Law 8/2011. The substantive law regulates things such as the authorities of the Court, the types of Court rulings, and the impact of the court rulings. Formal law regulates the procedures in upholding the substantive law. Procedural law explains about all necessary steps in conducting litigation in the MK starting from submitting a petition to the Court, the preliminary examination, up to the court delivering its decisions. Besides Constitution, MK Law and other relevant laws such as the Law on Judicial Powers (kekuasaan kehakiman), the work of MK is also guided by the PMK, Peraturan Mahkamah Konstitusi (Constitutional Court Regulation). The PMK aims to further elaborate provisions stated in MK Law such as elaborating the MK authorities and explaining in detail the procedures to conduct litigation in MK. Even though the regulations related to MK and procedures to litigate in MK are somewhat many, in practice in conducting its responsibilities especially in dealing with judicial review cases, it is often that the existing regulations are insufficient. In such situation, it is not possible for MK to decline the petitions on the ground that the existing legislation do not address such cases The Court deemed to know the law and has to find the law (Ius Curia Novit). The question then how will MK handle the case when the existing laws and regulations do not address constitutional problems submitted by petitioners? Does the MK refer to other sources, such as foreign law and treaties, in deciding the cases? If so, how do foreign law and treaties influence the decision of the Indonesian Constitutional Court? How about the legitimacy of the court ruling when the MK utilize foreign law in deciding cases? This paper intends to answer the above questions. In addressing the questions, the paper will first briefly descript the background of the creation of the MK and some influences from other countries experiences in

Keywords
Globalisation, Constitutional Court, Judicial Review

Topic
Democracy, Constitution, and Globalization

Link: https://ifory.id/abstract/UMfuyCPBr43n


Human Rights and Law Enforcement: The Use of Forced in Combating Terrorism
Imam Subandi (a*), Marthinus Hukom (b), Fayreizha Destika Putri (a)

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Corresponding Author
Fayreizha Destika Putri

Institutions
a) Faculty of Law, Diponegoro University Semarang, Jalan Imam Bardjo Nomor 1, Pleburan Jawa Tengah, Indonesia
*pdih.undip[at]gmail.com; imam.subandi[at]jclec.com; fayreizhadp[at]gmail.com
b) Driyarkarya School of Philosophy, Central Jakarta, Komplek Cempaka Putih Indah Nomor 100A, Cempaka Putih Barat, Kota Jakarta Pusat, Daerah Khusus Ibukota Jakarta 10520

Abstract
This paper aims to discuss law enforcement efforts in combating terrorism but still in the context of respect for human rights by the Indonesian National Police. This paper uses a normative juridical approach, in which the primary material used is Law Number 5 Year 2018 Concerning Eradication of Terrorism, then also using secondary legal materials in this case is by interviewing one of the former perpetrators of terrorism and one of the officers police who have been or are accustomed to making forced efforts in the context of law enforcement. The study will focus on how to use lawful efforts and how the practice in the field relates to issues of forced effort and at the same time respect for human rights.

Keywords
Forced Efforts, Law Enforcement, Terrorism, Human Rights

Topic
Human Rights

Link: https://ifory.id/abstract/rFBXd3UG6Wq7


Human Rights and Law Enforcement: The Use of Forced in Combating Terrorism
Imam Subandi (a*), Marthinus Hukom (b), Tubagus Ami Prindani (c), Fayreizha Destika Putri (a)

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Corresponding Author
Imam Subandi

Institutions
a. Faculty of Law Diponegoro University
Jalan Prof. Soedarto, Tembalang, Kec. Tembalang, Kota
Semarang, Jawa Tengah 50275
b. Driyarkara Philosophy School Jakarta
Jalan Komplek Cempaka Putih Indah No.100A,
RT.1/RW.7, Cempaka Putih Barat, Kec. Cempaka
Putih, Kota Jakarta Pusat, Daerah Khusus Ibukota
Jakarta 10520
c. School of Strategic and Global Studies University of
Indonesia
Jalan Salemba Raya No.4, RW.5, Kenari, Kec. Senen,
Kota Jakarta Pusat, Daerah Khusus Ibukota Jakarta
10430

Abstract
This paper aims at discussing the legal as well as the human rights impact on the use of force and fire arms by law enforcement officers in the even of combating terrorism, case study of the Indonesian National Police Counter Terrorism Special Detachment 88 (Densus 88 AT Polri). The discussion focuses on the nature of the use of force as well as the use of lethal firearms by law enforcement officers made possible by international legislation and provisions on human rights. Is it possible that the use of force and lethal weapons is still in line with respecting and upholding human rights? How does the states accountability in the event of use a force by law enforcement officers? How is the validity of the use of deadly forces in the event of arrest or raids conducted by police? Is it true that human rights are always contrary to police duties?

Keywords
Human Rights, Use of Force, Terrorism and Human Rights

Topic
Human Rights

Link: https://ifory.id/abstract/BLwVve6XqDpY


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