Event starts on 2019.11.06 for 2 days in Pekanbaru
http://ramlas2019.confglobal.org | https://ifory.id/conf-abstract/FrRnwACZQ
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Corresponding Author
Emilda Firdaus
Institutions
Faculty of Law, University of Riau
Abstract
Speaking about the existence of Riau Malay custom refers to the identity of the Malays themselves, namely: Islamic religion, Malay customs, Malay language will include strengths, weaknesses, opportunities / opportunities and challenges / threats as a process of cultural transformation that is taking place today, and of course it is necessary to take into account the possibilities that will occur in the future. Through these calculations, the existence of customs and culture of Malay Riau will be able to estimate its shape, role, function, variations, and so on. The power of customs and Riau Malay Culture (BMR) can be referred to the existence of community efforts to continue to study and present it both locally, regionally, nationally and internationally. One element of Malay culture, Riau Malay, is always used as a reference to standardize the National Languages in Indonesia, Malaysia, Brunei. Likewise, studies on customs, arts, and Malay literature continue to be carried out, although in frequency, the intensity still needs to be improved but the results can benefit the existence of Riau Malay Culture. The Adat Institution as an association of traditional Malay Malay leaders and leaders has been established since June 6, 1970 and still runs the program. As for the problem formulation in this research is How is the Optimization of the Role of Riau Malay Customary Institutions to realize Pekanbaru City as a child-friendly city, What are the inhibiting factors for optimizing the role of the Riau Malay Customary Institution to realize Pekanbaru City as a child-friendly city, What is the ideal shape for the future optimization of the Malay Customary Institutions role Riau realizes Pekanbaru City as a child-friendly city, with a type of sociological juridical research with an emphasis on field research. The sociological juridical approach is carried out because the problem under study revolves around how the application of law in society. The purpose of this study, to determine To find out the optimization of the role of the Riau Malay Customary Institution to realize Pekanbaru City as a child-friendly city. To find out the inhibiting factors for the optimization of the role of the Riau Malay Customary Institution to realize the City of Pekanbaru as a child-friendly city. realizing the city of Pekanbaru as a city worthy of children. by conducting interviews with related parties, namely the Pekanbaru City LAMR, the Government, the Pekanbaru City DPRD, the City Planning and Development Agency, P2TP2A, companies, womens organizations, and the people of Pekanbaru City. The results of this study are in the form of optimizing the role of the Riau Malay Customary Institution to realize Pekanbaru City as a child-friendly city through strengthening the functions and tasks of the Pekanbaru City LAMR. human, budget factors, community habitual factors, and ideal shape in the future. Optimizing the role of the Riau Malay Customary Institution in realizing Pek
Keywords
Optimization, Role, LAMR Pekanbaru, Child Friendly City
Topic
Constitutional Law
Corresponding Author
Zainul Akmal
Institutions
Fakultas Hukum Universitas Riau
Abstract
The more perfect the state of Indonesia, the more needs to be solved. People who believe in the socio-political economic life, mostly think of Pancasila as an ideology of the state and consider it wrong. Therefore, it must first be considered about the feasibility of Pancasila as the ideology of the Republic of Indonesia so that there is no duping in politics and violating human rights can be removed. Second, the right method needs to be used to maintain the ideology of Pancasila as the basis of the state, so that the purpose of statehood can be achieved. This study uses data collection methods with library study instruments. The data used is secondary data that contains books and journals that are presented in a descriptive and logical form. Values that are noble and universally applicable are worthy of making Pancasila still viable to become the state ideology and the basis of the state. Humans by their nature to be knowledgeable and always seek the truth, need a rational argumentation method to ask for Pancasila as the Ideology and the basis of the country, and introduce it to present and future generations.
Keywords
Pancasila Ideology, Constitution & rational argumentation
Topic
Constitutional Law
Corresponding Author
Hayatul Ismi
Institutions
Faculty of Law, Riau Univercity
Jalan Pattimura 9, Pekanbaru, Indonesia
hayatulismi[at]yahoo.com
Abstract
The use of customary land is indeed used in the interests of the indigenous peoples who occupy the area. Because of the background of the increasingly high needs, indigenous peoples also began to use traditional land as plantation land in collaboration with the company to get more adequate results than before. But there are several things that can trigger disputes. This type of research will be used is sociological legal research, namely empirical studies to find theories about the process of occurrence and about the process of working of law in society based on applicable laws and regulations relating to the protection of the rights of local indigenous peoples in the use of customary land. From the results of the study it can be seen that the cause of the occurrence of customary land disputes in Kenegerian Kuok is due to the arbitrary attitude of the chief / ninik mamak who has power in the adat community so that ninik mamak abuses his power, namely by granting ulayat land to investors without bringing child nephews in deliberation and economic interests, to benefit himself without thinking about his nephews child. The pattern of settlement of customary land disputes in Kenegarian Kuok is resolved by mediation.
Keywords
Pattern, Dispute resolution, Ulayat Land
Topic
Law and Local Wisdom
Corresponding Author
NURAHIM RASUDIN RASUDIN
Institutions
FACULTY OF LAW
RIAU UNIVERSITY
Abstract
The oil palm plantation sector is the largest investment in Siak Regency. However, with the fall in the price of palm oil, making farmers suffer losses in the management of plantation land. However, from the agricultural sector it is more profitable for farmers. For example, from the comparison of chilli prices of Rp. 45,000 per kg up to Rp. 80,000 per kg. while the price of oil palm is only a price range of Rp. 500 / kg up to Rp. 1,000 / kg. Seeing the above phenomenon, Siak Regency people flocked to switch investments from the plantation sector to the agricultural sector. This is also because the comparison of 1 (one) Ha (hectare) palm oil plantations with 1 (one) Ha (hectare) rice farming is more profitable for farmers in the agricultural sector.
Keywords
Investment-Plantation-Agriculture
Topic
Law and Local Wisdom
Corresponding Author
Ledy Diana
Institutions
Riau University
Abstract
Hundreds of millions of plastics are used on this earth, then hundreds of millions of plastic waste is also the worlds main pollutant. Plastic waste management in Indonesia has not been a priority compared to other service issues. Yetthe management tasks will not be any lighter in the future. If the will, ability and efforts are still as they are today, then the problem of waste will always arise, and can even be bigger. Prohibition of plastic utilizationassociated with the principle of sustainable development will not be a substantive and sustainable development if it does not involve the participation of the society and government. Formulation of the problem of this reasearch is how is the prohibition of plastics utilizationassociated with the principle of sustainable development? Reasearch method used by the reseracher is normative legal research or so called doctrinal legal research by using the criteria of legal principles. This research is a descriptive research, in which it is meant to provide a detailed, clear, and systematic description of the main problem. Deductive thinking method is used in drawing the conclusion. The results of the research are the plastics utilization associated with the principles of sustainable development carried out with five basic principles, namely Ecology (environment), Economy (welfare), Equity (fairness), Engagement (participation), and Energy. Sustainable development with an environmental perspective is essentially inseparable from human development itself. Humans are both subject and object of development. Humans are in a central position so that the implementation of development and its results must not ignore the human dimension.
Keywords
Prohibition, Plastics Utilization, The Principle of Sustainable Development
Topic
Environmental
Corresponding Author
Fitriati Fitriati
Institutions
Master of Law Program in Ekasakti University
Abstract
This study discusses the traditional settlement of criminal acts and their positive impact on the enforcement of criminal procedural law. understand sanctions in adat offenses according to the concept of customary law, cannot study them using western legal concepts. Customary law does not have a closed system of violations. In some areas the application of customary criminal law is still carried out through adat courts. in Pesisir Selatan district in 2016, the settlement of customary criminal acts against criminal gambling was applied. The suspects had the initials NM, IJ, YT, SD, TK, IN and NV gambling (seventh women) in Nagari Surantih which were resolved according to customary law with customary sanctions. Based on the agreement of the adat leaders, the police report was revoked and it was agreed that it would be resolved by custom. Sanctions given in the settlement of this crime are social sanctions. Customary settlement is carried out to stop the criminal procedure law.
Keywords
Customary, Criminal Act, Criminal Procedure Law, Customary Court
Topic
Law and Local Wisdom
Corresponding Author
Hengki Firmanda
Institutions
Faculty of Law, Universitas Riau
Abstract
The study aims at analyzing the protection of the environment rights through rebus sic stantibus principle in the natural resources management contract. The data of this study are qualitative ones using normative legal research and used literature research. The rebus sic stantibus principle an agreement can be changed due to the occurrence of a fundamental change of circumstances. In the event of pollution and damage to environmental resulting from natural resources management contract, then the contract should be changed, provided that such changes should be accompanied by the restoration of the environment so that environmental rights are reserved. The natural resources management contract should provide equal footing between the parties and the environment in the contract, including in the event of a fundamental change of circumstances.
Keywords
Environmental Rights, Rebus Sic Stantibus Principle, Contract
Topic
Private / Contract Law
Corresponding Author
Dodi Haryono
Institutions
Fakultas Hukum Universitas Riau
Jln. Pattimura No. 9 Pekanbaru-Riau
Phone : (0761) 22539
Fax : (0761) 21695
Abstract
One of the crucial SDGs goals is to strengthen an inclusive and peaceful society for sustainable development, provide access to justice for all, and build effective, accountable, and inclusive institutions at all levels. In Indonesia, the goal of the SDGs is to become one of the National MediumTerm Development Plan of 2015-2019 (RPJMN) targets that is to the realization of respect, protection, and fulfillment of human rights. The fulfillment of human right is shown by the increased handling of complaints of human rights violations. This paper explains the importance of protecting the rights of indigenous peoples as part of fulfilling SDGs- demands in the human rights sector, especially through the constitutional review (review act against the constitution) by the Constitutional Court. However, regulations related to SDGs in Indonesia have not provided a clear place for the Constitutional Court through constitutional review to take an active role in realizing SDGs. Likewise, several violations of the rights of indigenous peoples which have been resolved through constitutional review, various obstacles are still found related to the implementation of the Constitutional Courts decisions regarding this matter. Therefore, this paper recommends that constitutional review should be used as a juridical instrument to achieve the goals and objectives of the SDGs. Also, the Constitutional Courts decisions need to be used as a reference in harmonizing the laws and regulations in Indonesia, particularly related to protecting the rights of indigenous peoples, as part of efforts to realize SDGs in Indonesia.
Keywords
Indigenous Peoples Rights, Constitutional Review, Suistainable Development Goals
Topic
Constitutional Law
Corresponding Author
Fitriati Fitriati
Institutions
Master of Law Program in Ekasakti University
Abstract
This study examines the form of resocialization for children in conflict with the law through psychological rehabilitation. Psychological rehabilitation is one form of agreement rather than diversion. The diversion process is carried out with the aim of achieving balanced justice for the perpetrators and victims. Resocialization of children is done so that children can return to normal relations and behavior changes in children. The implementation of psychological rehabilitation conducted by the City of Padang City LPKS towards children in conflict with the law is carried out with the following process flow; Registration, Assessment, followed by physical Guidance, Mental Guidance, and Social Guidance for Resocialization, carried out by informing the child about reunification and the end of the rehabilitation period after the child undergoes rehabilitation in LPKS, the child will be re-socialized to the family, to prepare the child to return home, Reintegration / Reunification, children returned to parents. Advanced Guidance, after the child returns home with family, the child will still be monitored by LPKS; Termination, termination of supervision by LPKS.
Keywords
Resocialization, children in conflict with the law, diversion
Topic
Criminal law
Corresponding Author
Junaidi Junaidi
Institutions
University of Riau
Abstract
Political parties as pillars of democracy need to be organized and refined to realize a democratic political system, especially to realize good governance, both at the center and in the regions. This paper seeks to examine the relationship between the function of recruitment / regeneration of political parties with the phenomenon of the minimal number of pairs of regional head candidates that occur in several regions in Indonesia. In practice political parties have not optimally carried out the recruitment / regeneration function, this has been seen in the implementation of the local elections so far. There are at least two things that are the reasons; first, political parties still tend to recruit candidates who are not members of the political parties. Secondly, the emergence of regions that hold regional elections is only followed by one pair of candidates and also supported by many political parties.
Keywords
political,party, democracy
Topic
Constitutional Law
Corresponding Author
Nasrullah Nasrullah
Institutions
(a) Faculty of Law, Universitas Muhammadiyah Yogyakarta, Jl. Brawijaya, Tamantirto, Kasihan, Bantul, D.I.Yogyakarta 55183, udanasrul2010[at]gmail.com
(b) Faculty of Law, Universitas Muhammadiyah Yogyakarta, Jl. Brawijaya, Tamantirto, Kasihan, Bantul, D.I.Yogyakarta 55183, putrianggia[at]umy.ac.id
Abstract
This study examines the position of tax consultant profession in the current Indonesian legal system, and the direction of its regulation going forward after the Constitutional Court of the Republic of Indonesia (MKRI) ruled its verdict Number: 63/PUU-XV/2017. The MKRI ruling has stated that the delegation of authority regarding the requirements and procedures for the implementation of power as regulated in Article 32 paragraph (3a) of the Law Number 28 of 2007 on General Provisions and Procedures of Taxation can only be considered as constitutional if the substance contained is merely about technical-administrative. The birth of MKRI Verdict No. 63/PUU-XV/2017 has become a driving factor in the need for regulating tax consultant substantively in the form of law not in a finance minister regulation anymore. As a response, the House of Representatives (DPR) on July 26, 2018, approved the Bill of Tax Consultant Law as a DPR-s initiated bill. However, some people still questioning the suitability of the substances regarding tax consultant profession to be regulated in law. This article is based on normative and empirical legal research. The data obtained was analyzed qualitatively. The results of this research confirmed that the arrangement regarding the tax consultant profession so far has been regulated too general in the Act. Moreover, the existing regulation does not provide a comprehensive and proper legal framework for regulating a professional and independent tax consultant. Therefore, to offer legal certainty for the tax consultant and the taxpayers, it is necessary to have a legislation on that matter in an act. Arrangement of tax consultant in an Act can be a legal umbrella for the implementation of this profession. The coming Tax Consultant Law must comprehensively regulate, among other things, the rights and obligations of the tax consultant, the scope of duties and authority of the tax consultant, and the establishment of the tax consultant organization.
Keywords
tax consultant, profession, Indonesian Law
Topic
Government and Policy
Corresponding Author
Adi TiaraPutri
Institutions
Law Faculty, Riau University
Abstract
Terubuk fish that live in the waters of Riau Province are Terubuk fish species with the Latin name Tenualasa macrura while Terubuk fish species that live in Terubuk fish waters are fish species that have high economic value, especially their eggs. In line with the increasing number of human populations and increasing demand for fish resources, the population of fish resources has decreased in number, including the Terubuk fish population. requires anticipatory steps to avoid the threat of extinction. . So in 2011, KP Ministerial Decree No. KEP 59 / MEN / 2011 was issued regarding the limited protection status of Terubuk fish species (Tenualosa macrura) in the waters of Bengkalis Regency, Meranti Islands Regency, and Siak Regency.
Keywords
Regulation, Protection, Terubuk Fish
Topic
Environmental
Corresponding Author
Elma Yanti
Institutions
Universitas Riau
Abstract
Settlement of disputes in the customary law community is based on the view of life adopted by the community itself. Indigenous and tribal peoples prioritize dispute resolution through deliberations aimed at bringing about peace in the community. The deliberation channel is the main route used by the customary law community in resolving disputes, because in the deliberations a peace agreement can be made that benefits both parties. The concept of Indonesian traditional law as a forum for customary justice institutions also has a concept that can be described as the root of restorative justice. This type of research is sociological juridical with emphasis on field research. The headman in a cloth-folding community in Kampar Regency is a place where community members rely on to resolve, protect, guarantee peace, so that whenever there is a dispute, the customary head is the only place where community members rely on to solve their problems. The role of customary leaders in the community is needed to solve problems, maintain the balance of the environment with one another, so that the community will continue to create harmony and peace.
Keywords
Criminal Cases; Restorative Justice
Topic
Criminal law
Corresponding Author
Sukamarriko Andrikasmi
Institutions
Faculty of Law, University of Riau
Abstract
CRIMINALIZATION OF FUNDING IN CRIMINAL TERRORISM IN INDONESIA By: Sukamarriko Andrikasmi.SH., MH Faculty of Law, University of Riau Pekanbaru, Indonesia Email: kreasiimuda@gmail.com ABSTRACT Terrorism is a crime that is currently a hot issue in Indonesia, attracting the attention of the international community and even terrorism is also a conversation between countries, and not a few of the issues of terrorism can affect the relationship between countries both bilateral and multilateral Criminalization of funding of terrorism applies to everyone who intends to do or intends to commit a crime of financing terrorism in the territory of the Republic of Indonesia and / or outside the territory of the Republic of Indonesia. And also applies to funds related to financing terrorism that are outside the sovereign territory of the Indonesian State. As explained in Article 2 paragraph 2 of the Law on the Prevention and Eradication of the Criminal Acts of Terrorism. The criminal act of financing terrorism as a behavior that is not in accordance with the norm or can be referred to as deviation from the agreed norms turns out to cause disturbance to the order and peace of human life. Such deviation is usually referred to by humans as an offense and can even be said to be a crime which is a social phenomenon and will always be faced by every human being, society, and even the state. The fact has proven, that crime can only be prevented and reduced, but difficult to eradicate completely. This law will be very effective if accompanied by enthusiasm to eradicate criminal acts of terrorism, without any engineering and conspiracy from parties who have full power over a country. If the procedure is carried out correctly, and appropriately appropriate law enforcement of criminal acts of financing terrorism will be able to hinder the process of criminal acts of terrorism in the future from channeling funds. In other words, it can at least stop the funding process. It is more appropriate if the criminalization of terrorism funding is followed by reliable human resources, and other supporting institutions.
Keywords
Criminalization, Funding, Terrorism
Topic
Criminal law
Corresponding Author
Yasmin Dwi Lestari
Institutions
IBLAM Law School
Abstract
The sharing economy nowadays has become a global trend, including in Indonesia. Ride-sharing is one of the top-grossing sharing economy platforms. Indonesians are the worlds second-heaviest users of ride-sharing apps after Singaporeans, according to the Global Digital Report 2019. High demand for ride-sharing subsequently captivates people to become ride-sharing drivers. Unlike common workers, as a driver, they are not an employee of the ride-sharing application company but instead, they are independent workers. There is no employment relationship between the driver and the company, therefore, the companies don-t provide any social security for the driver. In the other hand, the government has to develop a social security system. The social security system in Indonesia differentiates contributions between salaried workers and non-salaried workers. For salaried workers, the employer has to pay the contributions of its employees, while the contributions of non-salaried workers (including ride-sharing drivers) fully paid by themselves. This research is empirical normative research that using a statutory approach and conceptual approach. In this research, we conduct legal philosophical analysis to examine the existing regulation of social security for ride-sharing drivers in Indonesia and to analyse which parties are liable to pay the contributions of the drivers social security. Findings of this research will help inform policymakers and regulators of the ideal scheme of liability for providing social security.
Keywords
social security, sharing economy, ride-sharing, digital platforms
Topic
Government and Policy
Corresponding Author
Gusliana HB
Institutions
Riau University
Abstract
The position of customary forest after the Constitutional Court Decision No. 35/PUU-X/2012, which was formerly regarded as a state forest within the territory of customary law communities, transformed into a forest that is within the territory of customary law communities. Forest control by the state continues to focus on the rights of indigenous people, for as long as they live and in accordance with the development of the community and the principles of the Republic of Indonesia as regulated under the law. The pattern of customary forest protection after the Constitutional Court Decision No. 35/PUU-X/2012 in the context of providing legal protection to indigenous peoples in Riau Province, where the indigenous peoples have the right to open their customary forests to be controlled and cultivate their land to fulfill their personal and family needs. Therefore, it is not possible for the rights owned by the members of the customary law community to be abolished as long as they meet the requirements within the scope of the definition of the customary law community unit referred to in Article 18B paragraph (2) of the 1945 Indonesian Constitution and set forth in a Regional Regulation. Based on the Constitutional Court Decision, in Riau Province, only Kampar Regency submitted to the Ministry of Environment and Forestry regarding the proposed Customary Forest consisting of: 641 ha of customary forest in Batu Songgan Village, 4,414 ha in Gajah Bertalut Village, 251 ha in Petapahan Village, 1,827 ha in Aur Kuning Village, 767 ha in Terusan Village, 156.8 ha in Kampa Village and Koto Perambah Village, and 1,871.7 ha in Bukit Melintang Village
Keywords
Customary Forest, Constitutional Court, Riau
Topic
Law and Local Wisdom
Corresponding Author
Khairani Lubis
Institutions
UNIVERSITAS ANDALAS
Abstract
The current position of the wage board is very strategic due to its recomendations by the governor and/or regent/mayor to set the wage in his region. The board of wage was formed based on the decree of the minister, governor and/or the regency/district in accordance with its position at the national level. The board of wage. The board of wage is a tripartite institution in the field ofwage whose membership conssist of government elements, labor union, and enterpreneurs. Those institution must be in the board of wage. Unions are a platform for worker to organize and fight for their rights. One of the fucntions of the Union is as one component that must be in the board of wage as contained in art 25 No.21 of 2000, said that the unions are entitled to establish institutions or doing something who related to improve the workers welfare/labour; the union is represented by one of the unions in the district/city for the board of wage, and and the union for the wage council in the provincial area. The existence of this union is very important in the organizational of the board of remuneration in decisive and determined the size of wages set. However, it can represent workers is no certainty due to the difference of UU No.21 of 2000 about Labor Union dan UU No.13 of 2003 about Labor Law. According to Law No. 21, there are trade unions formed within a company and outside the company, as well as Law No. 13 of 2003, but it is not explained which can represent workers in a tripartite institution whether there are only trade unions in a company or can also be in outside the company. The obscurity raises debate thus difficulty of forming a board of wage in some areas, including West Sumatera. This study uses a sociological juridical approach using library research dan interviews with the Union workers, Department of Manpower, and the Board of Wage of West Sumatera Province.
Keywords
Strengthening,Board of Wage , Labor organization
Topic
Law and Local Wisdom
Corresponding Author
Davit Rahmadan Davit
Institutions
UNRI
Abstract
The Development of Transnational Organized Crime Prevention Policy Indonesian Criminal Law System Davit Rahmadan Address: Pala V Street Number 48, RT/RW. 005/003, East Sidomulyo, Marpoyan Damai District, Pekanbaru City 28125 Abstract Transnational crime, or now better known as transnational organized crime, is a form and method of local crime towards transnational and international crime, which is a side effect of globalization and information technology. These crimes include cybercrimes, money laundering, trafficking (for example, narcotics, humans, theft of ancient objects, and destruction of nature). The consequences of globalization are benefited by economists and other parties, so academics in law and criminology, law enforcement officials and criminal policy makers must wrestle with one of the bad sides of globalization and the explosion of technological information that breeds transnational organized crime. And because of that, the law enforcement instrument to overcome it becomes more complex than ordinary crime. The main legal instrument for combating transnational organized crime is the United Nations Convention on Transnational Organized Crime (UNTOC) or the 2000 United Nations Convention on Transnational Organized Crime in Palermo, Italy. The Government of Indonesia has enacted Law Number 5 of 2009 concerning the United Nations Convention on Transnational Organized Crime. Ratifying conventions aimed at facilitating cooperation between states has ratified them in preventing transnational crime and law enforcement efforts. UNTOC has limited abilities in practice in the field. The modus operandi of this type of crime is increasingly complex, so that it penetrates the limits of the authority of the power that is not reached by law enforcement. Its no secret that several large countries have benefited from transnational crime. Efforts to tackle transnational crime in Europe, America, Asia and including Southeast Asia are not done half-heartedly, but the problem is faced with factor X so that it becomes an obstacle in law enforcement. The prevention of organized crime across the world state structures of peace cannot be built by only one person, or one group, or one nation from transnational crime groups. World peace cannot take the form of peace from a large nation or small nations. World peace must take the form of a peace that includes cooperative efforts from all nations of the world. Keywords: law enforcement, legal system, criminal law policy
Keywords
Keywords: law enforcement, legal system, criminal law policy
Topic
Criminal law
Corresponding Author
mukhlis Ridwan
Institutions
Universitas Riau
Abstract
The national ideal as stated in the IVth paragraph of the opening of the 1945 Constitution of the Republic of Indonesia, states that Indonesia becomes a part of the sustainable world development with a commitment to protect the environment and ecosystem, and has been affirmed internationally in the declaration of UN member countries through a conference in Stockholm June 1972. Constitutionally, the commitment was stated in Article 28H of the 1945 Constitution, which is last followed up by the Law Number 32 of 2009 concerning Environmental Protection and Management. However, this commitment is always hampered by the economic politics practiced by corporations. The politics of criminal law which asserts corporations as subjects in criminal law does not necessarily mean that corporate criminal liability can be easily carried out as in humans. This condition is noticed in the corporate actions as the perpetrators of forest burning and destruction in Indonesia, especially in Riau Province. Although the impact of forest and land fires has been felt in the Regional Asia, National and Regions, this act has repeated almost every year
Keywords
Liability, Corporation, Criminal/ Punishment
Topic
Criminal law
Corresponding Author
Novia Rahmawati
Institutions
Department of Accounting, Faculty of Economy And Bussines, Bung Hatta University, Padang, West Sumatera, Indonesia
Abstract
This research aims to test the effects of ability, socio demography, self efficacy on entrepreneurial intention of Mentawai Island indigenous community. This research is based on National Labor Force Survey (SAKERNAS) 2014-2016 which describe the number of unemployment, Statement by Regent of Mentawai Island about enterprises in Mentawai Island Regency were more dominated my migrants and foreign workers, Mentawai Island Regency was including in the 122nd underdeveloped regencies in 2015-2019, and development of entrepreneurs is considered as a strategic step in maintaining national economic problems. The number of samples in this study 90 respondents, obtained by using accidental sampling method. Hypothesis testing using multiple regression. Based on testing results in the first hypothesis, it is found out that ability influences significantly on entrepreneurial intention. The second hypothesis shows that socio demography influences significantly on entrepreneurial intension. And the third hypothesis also shows that self efficacy influences significantly on entrepreneurial intension.
Keywords
Ability, Socio Demography, Self Efficacy, entrepreneurial Intension.
Topic
Social Science
Corresponding Author
Mexsasai Indra Indra
Institutions
UNRI
Abstract
In the context of regional recognition of the existence of adat villages as a mandate from the provisions of Article 101 of Law No. 6 of 2014 on the Village, what is done by the Government of Rokan Hulu Regency is something that should be appreciated, but the problem is how far the implementation of the Rokan Hulu District Government Bylaw No. 1 of 2015, the Implementation of Rokan Hulu District Regulation No. 1 of 2015 on the Determination of Indigenous Villages and Villages has not been implemented properly. Starting from the background above, the main problem in this study can be formulated. How is the Implementation of Rokan Hulu District Regulation No. 1 of 2015 concerning the Establishment of Villages and Customary Villages? To collect data, researchers conducted a library study (library research) and a field study (field research). Literature studies are carried out in several libraries to collect secondary data in the form of primary law such as laws, secondary legal materials such as law books and tertiary legal materials such as legal journals and magazines, all of which function as first-line information. In the field study, researchers distributed questionnaires to 89 (eighty nine) traditional villages in Rokan Hulu Regency. Problems encountered in implementing Rokan Hulu District Regulation No. 1 of 2015 on the Determination of Indigenous Villages and Villages is caused by Regulatory Factors, Institutional Factors and Cultural Factors of Community Law. The concept to overcome the problems in implementing Rokan Hulu District Regulation No. 1 of 2015 on the Determination of Adat Villages and Villages need a legal umbrella in the form of a Provincial Regulation, re-inventory of customary village which has been established, need strong political will from all government and Riau Provincial Government it is necessary to coordinate with regencies /municipalities in drafting local regulations on indigenous village institutional guidelines.
Keywords
Implementation - Local Regulation – Establishment of Village, Customary Village
Topic
Constitutional Law
Corresponding Author
Vita Amelia
Institutions
(a) (c) Library Science, Faculty Of Humanities
Universitas Lancang Kuning
*vita.amelia[at]unilak.ac.id
(b) Law Science, Faculty of Law
Universitas Lancang Kuning
jl. Yos Sudarso km.8 Rumbai
Pekanbaru -Riau
Abstract
Globalization and the development of science and technology, especially information and communication technology, have contributed to the increasing production and dissemination of information that contains elements of public deception or known as hoaxes. Information released through electronic documents will certainly be read by many people. Such information will be able to influence the feelings and thoughts or even the actions of a person or group. Hoax information is usually provocative in that it tries to lead the reader to think and act negatively, usually in the form of slander, hate speech that can make people afraid, feel threatened and can harm certain parties. The party will feel a big loss both in reputation and materially. The purpose of this paper is to explain descriptively and analytically the hoaxes from the perspective of Malay customary law in Riau.
Keywords
Hoaxes; Information Technology; Customary Law
Topic
Social Science
Corresponding Author
Habib Adjie
Institutions
Faculty of Law, Narotama University, Surabaya
Abstract
Law No. 23 of 2006 on Population Administration contains the terms adoption of a child, Acknowledgement of a child, and Legitimization of Children. As stated in the Elucidation to Article 47 paragraph (1) of Law Number 23 of 2006 concerning Population Administration, the notion -adoption of a child- means the legal act to transfer the rights over a child from his parents, legitimate guardian or another person responsible for the care, education, and raising of the child, to the adopting parents, on the basis of a decision or order of a court. With regard to the definition or restriction, the adoption of a child is a legal act with certain purposes and objectives regulated by law and has certain legal consequences, for example, the person who adopts a child will be fully physically and mentally responsible for the child. As stated in the Elucidation to Article 49 paragraph (1) of Law No. 23 of 2006 on Population Administration, the notion -acknowledgment of a child- means a fathers acknowledgment of a child born out of wedlock, with the approval of the mother of the child. The acknowledgement of a child is intended to make the child have a biological father so legally civil relations will arise. The Elucidation to Article 49 paragraph (1) of Law No 23 of 2006 on Population Administration states that the one who can acknowledge a child is the father, not the mother. In other words, automatically, the child does not need to be proven that he/she is not born to the concerned mother. As stated in the Elucidation to Article 50 paragraph (1) of Law No. 23 of 2006 on Population Administration, the notion -legitimization of a child- means the legitimization of a child born out of wedlock at the time the marriage between the two parents of the child is registered. Article 50 paragraph (1) of Law No. 23 of 2006 on Population Administration stipulates that the legitimization of a child must be reported by the parents to the Implementing Agency within than 30 (thirty) days of the father and mother of the child in question marrying and obtaining a marriage certificate. For a child born out of wedlock, a child acknowledgment or a child legitimization can be done. The acknowledgment of a child is only limited to the acknowledgment by the biological father who was approved by the biological mother, without being followed by the marriage of the father and mother. Nevertheless, in the legitimization of a child, the father and mother of the child are married and at the time of marriage registration, the child is acknowledged as their biological child. This legitimization of a child is a legal effort (rechtsmiddel) to provide the child with a status as a legitimate child through the marriage of the parents.
Keywords
child adoption, child acknowledgement, and child legitimization
Topic
Private / Contract Law
Corresponding Author
Setia Putra
Institutions
Faculty of Law, University of Riau and STAI Hubbulwathan Duri
Abstract
The issuance of Law No. 1 of 2016 concerning Guarantees which became effective in 2019, provides greater market opportunities for the guarantee industry, including sharia guarantee companies. However, Islamic guarantee companies still face a number of challenges. Based on OJK statistics related to the Indonesian guarantee institution as of June 2018, there were 2 players in sharia private guarantees with total assets of Rp1.04 trillion. Assets of sharia guarantee companies contributed 5.72% to the total assets of the guarantee industry amounting to Rp18.12 trillion. Therefore, sharia guarantee companies have the opportunity to assist in the capital of micro, small and medium enterprises (MSMEs), whose number in Indonesia was 55,206,444 Units. Furthermore, SMEs was encouraged to take advantage of the existence of Law Number 1 of 2016 concerning Guarantees. Because MSMEs usually faced obstacles, both internal and external. The partnership between sharia guarantee companies and MSMEs was expected to help the national and national economy.
Keywords
Companies, Sharia Guarantees and MSMEs
Topic
Law and Sustainable Development
Corresponding Author
Makmur Pakpahan
Institutions
a) Mahasiswa S-3 Ilmu Hukum Universitas Negeri Sebelas Maret
b) Dosen Fakultas Hukum Universitas Riau
Abstract
The Supreme Court sits at the top of all courts and as the highest court of the four judicial spheres. This position gives functions and authorities to the Supreme Court as the leader of all courts in four environments. The function is emphasized the oversight function which is clarified regarding the objectives, objects, and authorities. The purpose of supervision is the implementation of justice carried out carefully and appropriately. The method of the research was the juridical normative and the statutory regulation approach. The purpose of the research want to get an answer about the urgency of the legal political reconstruction and how are the model of the legal political reconstruction settling the execution of the civil decision. The result was indicated that the completion of the execution of civil decisions could be through the idea or concept of strengthening the supervisory function in the Supreme Court. This concept or idea was intended as a means to encourage the political direction of policies and regulations. So that, the duties of the Oversight Body in the Supreme Court was optimal, especially towards the duties and functions of the judiciary in completing the execution of civil decisions. Political reconstruction of law was directed at arguing in substance the law, legal structure and legal culture and infrastructure both in terms of quality, quantity and budget. Therefore, political support was needed in order to settle of the execution of civil decisions. Every person has the right in equality to be fully heard in public and fairly by an independent and impartial tribunal carried out according to the Universal Declaration of Human Rights, stated in Article 10.
Keywords
Reconstruction, Political Law, Execution of Civil Decisions, Oversight Function
Topic
Law and Sustainable Development
Corresponding Author
Meriza Elpha Darnia
Institutions
Universitas Riau
Abstract
The customary leader is an elder and respected person in one community. In the Kampar indigenous people have various forms of community structure known as "Kenegerian", as a combination of tribes or several tribes so that, who sit in kenegerian is the chief. The tribal leader in the tribe is the leader who regulates, fostering nephew children in accordance with the rules of Adat and religious beliefs.These datuok-datuok play an active role in directing, encouraging, coordinating and harmonizing their indigenous communities with local government programs to prosper their communities. Community welfare is the right of every community that must be protected by the government. The term welfare is closely related to the description of the word safe, prosperous, or safe regardless of interference. In indigenous communities, traditional institutions are the executors of the course of welfare guarantees. Because in the adat community an adat system plays an important role in the course of the life process of the community. The realization of community welfare can create a balanced and orderly community structure by providing opportunities for the entire community to obtain a decent life in accordance with the conditions of their respective regions. The local government helps the community in the economic sector such as helping in the agriculture, plantation, and fisheries sectors which are the livelihoods of indigenous peoples.
Keywords
Datuok, welfare, adat system, traditional institution
Topic
Law and Local Wisdom
Corresponding Author
samariadi samariadi
Institutions
Fakultas Hukum, Universitas Riau
Fakultas Kedokteran dan Ilmu Kesehatan, Universitas Abdurrab
Abstract
Fair puts things in their rightful places. Likewise, the role and position of Mamak Adat in resolving domestic cases. Not all household matters must end in divorce, because actually preventing divorce is the key to kinship in the culture of the malay community that-s distinctive with Islamic values. This writing was conducted to determine the role of mamak adat in preventing divorce from the malay community in Rokan Hulu, Riau Province with the malay traditional law approach. The writing method used by the writer is analytical descriptive with a qualitative pattern. The conclusion of this research, was founded mamak adat has a role and function as a median where the complaints meet when disharmony between husband and wife relationships occur. To place the value of family integrity and the future of children above all the interests of the parties.
Keywords
Mamak Adat, Prevention, Household
Topic
Law and Local Wisdom
Corresponding Author
Vellyadana Tiwisia
Institutions
University of Lampung
Abstract
The crime of human trafficking which is a transnational crime or transnational crime has become a global concern of the countries in the world. Specifically for Indonesia to be able to ensnare traffickers, Indonesia already has Law No. 21 of 2007 concerning the Eradication of Trafficking in Persons. The trafficking case reflects the protection of victims, how their position, role and ideal concept of protection for victims are. The legal issues in this research are related to the efforts made by LPSK based on concrete realities in the field or social life that occur in real terms, given that the guarantee of protection for witnesses and victims has an important role in the criminal justice process. The results of this study ultimately provide answers to the efforts of the Witness and Victim Protection Agency (LPSK) in providing legal protection for victims of trafficking by providing 1) protection of personal, family, and property security, as well as being free from threats relating to future testimonies , is being or has been given, 2) withheld identity and 3) providing assistance. The inhibiting factors of the Witness and Victim Protection Agency in seeking and implementing legal protection for victims of trafficking are caused by 1) the development of a stronger and more sophisticated international human trafficking network.
Keywords
Witness and Victim Protection Agency , Legal Protection and Trafficking.
Topic
Law and Sustainable Development
Corresponding Author
rika lestari lestari
Institutions
a) Faculty of Law University of Riau
Jalan Pattimura No. 9, Gobah, Pekanbaru
*rikalestari2010[at]gmail.com
b) Adat Law Department, Faculty of Law Universitas Gadjah Mada, Yogyakarta
Jalan Sosio Yustisia Nomor 1 Bulaksumur, Sleman DI Yogyakarta 55281
Abstract
The existence of Adat Law Community in Kampar Regency has existed since a long time ago. State protection of the rights fulfillment in Kampar Regency needs to be improved. This paper examines the protection of Adat Law community rights in Kampar Regency through local regulations and seeks solutions for how to provide effective protection for the fulfillment of their rights. The approach in this study is normative-empirical research with the source of the data is primary data obtained through interviews with Adat Chief of Adat Law communities in Kampar Regency, and then the data are analyzed qualitatively and concluded inductively. This research concludes that there are several Regional regulations to protect the rights of Adat Law community in Kampar Regency, but there are still many obstacles in fulfilling their rights. In the future, it requires the synergy between the local government, Adat Chief, and Adat Law Community to maximize the protection of their rights fulfillment to advance Adat Law Community of Kampar Regency.
Keywords
Protection, The Rights, Adat Law Community, Kampar Regency
Topic
Law and Local Wisdom
Corresponding Author
Dodik Setiawan Nur Heriyanto
Institutions
Faculty of Law, Universitas Islam Indonesia
Abstract
The world become the witness of the massive development of unmanned aerial vehicles (UAV). There is various type of UAV to support the military power such as the MQ-Predator UAV type or MQ-9 Reaper that commonly used by the United States for military operation. Under the Geneva and Den Haag rules, since UAV becomes part of the missiles of the armed conflict, then it can be targeted as military object. However, this study merely focusses on the use of UAV or typical drones for humanitarian purposes. ICRC may use the same technology to protect the live and dignity of victims of armed conflict. Noting to the fact that the absence of specific conventional rules regarding the utilization of UAV in the armed conflict results range of violations and its missiles can be attacked. By exerting normative legal methodology, this study will analyze two important legal issues: first, whether the current development of UAV could be also being used for humanitarian assistance; and second, whether the international humanitarian law shall be applied in utilizing of UAV for humanitarian necessity in the armed conflict.
Keywords
unmanned aerial vehicles; drone; humanitarian necessity
Topic
International Law
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