Indonesia Conference Directory

Corresponding Author
Albert Lodewyk Sentosa Siahaan

Institutions
Law Faculty, Universitas Pelita Harapan

Abstract
This study aims to eradicate and prevent acts and pracher of corrupt practices not only in the center of the capital but alsa in regional areas, both local and municipal governance. This study uses a type of normative research, namely legal reseach that used secondary data sources, legal theory, book and legislation. The study stetes that regional authority and decentralization are polices that canot be limited, but the authority given due to autonomy and decentralization must be carefully monitored. The Establishment of a corruption Border Comission in Regional is a Policy that can edicate or prevent act of corruption and the establishment of a corruption Eradication commission in a useful area to help the work and burden of the corruption Eradication commision at this time

Keywords
Corruption Commission, Authority, Regional Authonomy, Decentralization

Topic
Administratif Law

Link: https://ifory.id/abstract/A9Mm3GktTa2P

Corresponding Author
Asri Agustiwi

Institutions
(a) Faculty of Law Sebelas Maret University, 57126, Surakarta, Indonesia
(b) Student of Law Science Doctoral Program Sebelas Maret University, 57126, Surakarta, Indonesia, and Lecturer at Faculty of Law Surakarta University: 57771, Karanganyar, Indonesia,
*tiwiasri26[at]gmail.com

Abstract
This research discussed to know the inhibitory factors of the local regulation cancellation system (Perda) in Indonesia. Local regulation test which led to the cancellation or otherwise occurred or whether a regional regulation which is tested through the Supreme Court (Judicial Reviewer), still has a problem quite complex, because the previous cancellation local regulation many Conducted by the Ministry of Interior of the Republic of Indonesia (Eksecutif Reviewer) more than in the Supreme Court. To be a new problem for the testing system in the Supreme Court because the existing testing system still lacks in its testing in particular test local regulation at this time, considering the issuance of Constitutional Court decree No. 56/PTU/MK. In the authority of the cancellation of local regulations (Perda) in Indonesia is returned to the Supreme Court. Thus the obstacles that occur such as legislation that in Indonesia need to be related to the test system of formyl and materiyl, the obstacles that occur also associated with the problem of regional development, investment and local regulation supervision.

Keywords
Cancellation System, Local Regulation

Topic
Constitutional Law

Link: https://ifory.id/abstract/P4LVbZy2tpxd

Corresponding Author
Deslaely Putranti

Institutions
Faculty of Law, Universitas Ahmad Dahlan

Abstract
Kotagede Silver is a handicraft product that has a long history regarding the production process and its characteristics. After the monetary crisis that hit Indonesia in 1997, Kotagede Silver experienced quite serious problems related to its raw materials and marketing. Moreover, the younger generation nowadays is not interested in continuing the business of the silver handicraft industry. Therefore, Kotagede silver industry is under the threat of extinction. This study will analyze production systems, distribution systems, and markets for Kotagede Silver products. The objective of this study is to determine whether Kotagede Silver is feasible to be registered as Geographical Indication products or not by looking at the scenario of the Book Requirements for Kotagede Silver. Geographical Indication as a tool to protect local products based on local know-how is recommended for regional development as long as the products are related to specific communities that related to natural resource management and cultural preservation needed to make a product known thanks to its quality. This research is qualitative research with the juridical-empirical approach. The result shows that Kotagede Silver is feasible to be registered as a Geographical Indication by reviewing the scenario of the Book of Requirements. Moreover, with the decreasing number of the silver artisan, the registration of Geographical Indication for Kotagede Silver seems promising for the cultural preservation as well as to continue the long tradition of local handicraft industry in Yogyakarta.

Keywords
Geographical Indication, Intellectual Property Law, Handicraft Product

Topic
Private Law

Link: https://ifory.id/abstract/7E92Nzg6GWPM

Corresponding Author
Farhana Rasjidi

Institutions
Faculty of Law, Jakarta Islamic University

Abstract
ABSTRACT Outlining the definition of gratification of corruption criminal acts has been regulated in Law No. 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning Eradication of Corruption Crime in article 12 B. Gratification is giving in the broadest sense. At present the gratification of sexual services is still a crime corruption with the category of gratification in general and the sanctions are also the same so its law enforcement faces obstacles. Until now, many people have perception that corruption is always associated with money (gratuity) even though the trend shows that sexual services began to play a role in corruption. Therefore the problem formulation is how the rules for gratification of sexual services in corruption criminal acts and how to prove it. The method used is the normative juridical method. Gratification of sexual services contains moral destructive criminal acts in which there should be additional sanctions or weighting and perpetrators both the giver and recipient of sexual services should be subject to criminal penalties but with the imposition of different articles of law.

Keywords
Keywords: Corruption, Gratification, Sexual Services

Topic
Criminal Law

Link: https://ifory.id/abstract/c6nFLVMKCktA

Corresponding Author
Sholahuddin Al Fatih

Institutions
University of Muhammadiyah Malang

Abstract
Southeast Asian countries consist of several countries with a majority Muslim population, such as Indonesia, Brunei Darussalam and Malaysia. As Muslims, finding and obtaining halal food is a must. Consumers have the right to know the halalness of a product. Meanwhile, the government is obliged to provide halal certification of a product. Some time ago, an issue emerged about the circulation of non-halal food from outside ASEAN in the form of instant noodles. In fact, some processed products from several ASEAN countries also do not have halal certification, even though these products are distributed in Muslim-majority countries. Based on these conditions, in this paper we will discuss in depth two issues, namely: (1) the problem of the distribution of non-halal food in ASEAN; and (2) legal protection of countries in the ASEAN region for halal certification of food for their citizens

Keywords
South East Asia, Halal Food, Legal Protection

Topic
Constitutional Law

Link: https://ifory.id/abstract/ThPZ7zrqLHc3

Corresponding Author
Edi Prasetyo Prasetyo

Institutions
Faculty of Law, Borobudur University
Jalan Raya Kalimalang No.1 Jakarta Timur

Abstract
This paper discusses the certainty of legal protection for doctors who treat patients with emergency cases are reviewed from human rights and medical Practice in Law No. 29 year 2004. Informed consent is absolutely given and is requested for approval before medical action is conducted by the physician to the patient as stipulated in article 45 Law No. 29 year 2004 on medical practice. The issue raised in this paper about whether there is an exception Informed consent is not given at the beginning of the treatment of emergency patients in accordance with Indonesian legislation and to know the obligations of Informed consent for emergency patient handlers and the legal aspects incurred when they were not conducted. This paper uses the normative method due to conflict of norms, Informed consent as an absolute condition that is difficult to apply for emergency patient handling. Informed consent can be excluded for the handling of emergency patients as stipulated in the Law of Health Ministry A which is an explanation of article 45 and article 52 letter a Law No. 29 year 2004 on medical practice but hierarchically Law of Healt Ministry should not contradict the regulation of the law above which is medical practice law, so that it is necessary to do the reconstruction so that there is a legal certainty for doctors in the handling of emergency cases. In addition, doctors also have legal protection rights reviewed from the perspective of human rights because if all procedures and administrations are in accordance with the standards but still can be charged because it is still not complete explanation and details in the article of medical practice Law No. 29 year 2004.

Keywords
Informed consent, emergency handling, Law of medical practice, Law of Health Ministry, human rights

Topic
Constitutional Law

Link: https://ifory.id/abstract/H7w3qnzpamXG

Corresponding Author
said Noor Prasetyo

Institutions
Faculty of Law
University of Muhammadiyah Malang
Jl. Raya Trlogomas No. 246, Malang, East Java, Indonesia
a) saidnoor[at]umm.ac.id

Abstract
in the digital era, electronic identity is something that is very important to protect because it is a representation of someone in an electronic system. Along with the development of information technology, this type of crime also developed with the emergence of cybercrime. One type of cybercrime that threatens someones identity is identity theft. This crime always haunts us when surfing in cyberspace. Many criminals target identity as the key to accessing someones personal accounts such as bank accounts, credit cards, and other accounts. This crime is a serious threat in the digital era, especially in Indonesia. This is due to a lack of awareness of citizens in protecting their identities and the existence of inadequate laws in providing protection. This situation is certainly a threat in strengthening the civil society in the digital era.

Keywords
Identity Theft; Indonesian Criminal Law; protection

Topic
Criminal Law

Link: https://ifory.id/abstract/kazn6PuJjYVC

Corresponding Author
DWI PUTRI SARTIKA ALAMSYAH

Institutions
Faculty of law University of August 17,1945

Abstract
Village recognition is needed for the village in an effort to the establishment of unity of the law that has authority and is autonomous. With the recognition of the village, the existence of the village will continue to be recognized and respected.In realizing the existence and recognition of villages, there are still weaknesses in village regarding recognition. Based on this weakness, in 2014, Law No. 6 of 2014 was enacted, namely the Village Law which has been running for 5 years until now.in the realization of the implementation of the Village Law there are many problems in the application of authority in the village community. To overcome these problems, it is necessary to have the role of the village as a sector amplifier to support the village law. these roles include village officials, sub-districts, DPMD and organizations.Therefore, to support the implementation of the village law not only strengthen the village but also strengthen several sectors that can support the village to run its authority.

Keywords
village recognition,village law ,Implementation.

Topic
Constitutional Law

Link: https://ifory.id/abstract/4Fbpg2xTZRhy

Corresponding Author
Mona Wulandari

Institutions
Universitas Muhammadiyah Palembang

Abstract
One of the reforms in the field of Government Goods / Services Procurement is actually regulated through Presidential Regulation Number 54 of 2010 which has been revised with Presidential Regulation Number 70 of 2012 concerning Second Amendment to Presidential Regulation Number 54 of 2010 concerning Government Procurement of Goods / Services and Head of Policy Institution Regulations Government Goods and Services Procurement (LKPP) Number 14 of 2012 concerning Technical Guidelines. During this time the auction winners were controlled by certain people / groups that were usually loaded with practices of collusion, corruption and nepotism (KKN). This is clearly contrary to human rights. Thus the optimization and efficiency of state expenditure can be realized immediately. This research was conducted to find out how the procurement of goods / services through an electronic auction (E-Procurement) at PT Bukit Asam (Persero) Tbk. Field research, primary data collection is done by conducting interviews with parties related to this research.

Keywords
e-procurement, procurement of goods / services, implementation

Topic
Administratif Law

Link: https://ifory.id/abstract/FX4hAKQRYvEz

Corresponding Author
Rj. Agung Arcaropeboka

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

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

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

Topic
Philosophy of Law

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

Corresponding Author
Muhammad Zulhidayat

Institutions
Muhammadiyah University of Tangerang

Abstract
Democracy and Implementation of general elections (elections) are two sides of a coin that are closely related. In 2019, a new history began in the General Election, along with the Indonesian Constitutional Court Ruling number 14 / PUU-XI / 2013 in the case of testing Law Number 42 of 2008 concerning General Elections stating that the Election of Members of the House of Representatives (DPR), Regional Representative Board (DPD) and Regional House of Representatives (DPRD), and the election of the President and Vice-President (Pilpres) must be held simultaneously, not separate as practiced so far. However, after the simultaneous elections were held, many casualties from the Voting Group Organizers (KPPS), Election Supervisory Committee (Panwaslu), and members of the Indonesian Police. Based on temporary data from Ministry, the number of election organizers who died amounted to 527 people and the number of victims was 11.239 people. This is an irony fact, elections which should be a place to determine political rights for the people, actually cause many casualties. The problems in this paper is, How is the legal construction of simultaneous elections in 2019 in Indonesia linked with the norms in the Indonesia Contitution in 1945 ? The method used in this paper is normative juridical with a descriptive analysis approach. The results expected in this paper is that simultaneous elections of 2019 need to be reevaluated. For this reason, we hope the government and House of Representatives (DPR) to immediately formulate a special regulation on simultaneous elections, with the aim of creating legal certanty. This can be done by judicial review or in a higher direction, like the fifth amandement to the Indonesian contitution in 1945.

Keywords
Democracy, Simultaneous Elections, Indonesian Constitutional Court Ruling

Topic
Constitutional Law

Link: https://ifory.id/abstract/cTepmkXGH7ZB

Corresponding Author
Mohammad Isrok

Institutions
Faculty of Law, University of Muhammadiyah Malang

Abstract
As an agricultural country, Indonesia has the potential to increase economic growth from the agrarian industry sector. However, agrarian resources are difficult to develop without intellectual creativity in the field of plants. Legal protection of intellectual property rights related to plants is a fair business competition instrument that can create superior plants. This working paper intends to reexamine whether the Indonesian IPR system can facilitate fair business competition related to plants. Therefore, it is discussed fundamentally: First: the system of intellectual property rights related to the current plant. Second, the system of intellectual property rights related to plants that exist in the world? And Third: evaluation of IPR systems related to these plants to obtain conclusions and alternative IPR protection systems related Plants in the future.

Keywords
Intellectual Property System, Plant, Indonesia

Topic
Private Law

Link: https://ifory.id/abstract/vuhg94TnEBPD

Corresponding Author
Syaiful Bakhri

Institutions
Fakultas Hukum Universitas Muhammadiyah Jakarta

Abstract
Public opinion on criminal sentencing and aims of punishment has been surveyed mostly in Western countries. In non-Western countries, especially Islamic societies, little has been published, at least in Western journals, on these issues. In fact, no published study examining public views toward criminal sentences and the aims of punishments in Islamic societies may be located in any major database of Western literature. As a result many questions like the relationship between perceived purpose of criminal punishment and its severity and the interactions between the belief in Islam and its Shari-a (Islamic culture) and punitive attitude to criminality have remained unasked. Therefore, the meaning and motive behind the death penalty and other severe forms of punishment in Islamic countries remains unknown to scholars, whether within or outside these countries. The past decade has seen a sharp increase in the application of empirical economic approaches to the study of crime and the criminal justice system. Much of this research has emphasized identifying causal impacts, as opposed to correlations.

Keywords
Criminal Sanction, Islamic Law, Modern Society

Topic
Criminal Law

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

Corresponding Author
Syariful Alam

Institutions
University Of Muhammadiyah Malang

Abstract
My research interest is in Islamic studies, especially in Islamic law relating to rebellion. The rebellion act is closer to the act of betrayal. In constitutional law perspective, this rebellion is defined as the act of a person or group of people towards leadership in a country because of its incompatibility with the rules that apply in the country, so that he or they take actions that tend to "deviate" so that it can break down the leadership of a state leader. From the point of view in Islam, rebellion act can be done by a person or group of people preceded by a political conspiracy, evil consensus, and intrigue to achieve its political goals. In the Quran several verses are mentioned about this treason. Where all contain the notion that treason is an act or an attempt to oppose and undermine the power of someone who is not favored or considered an enemy who has conflicting indications. Both in terms of religion and worldliness by means of deception, deception, or other acts that are contrary to the religion of Islam. Starting from this context, the author wants to review specifications and indications of treason from the perspective of Islamic state governance law by taking the constellation of thoughts of classical scholars. I am especially interested in researching how Islamic law provides legal certainty for the perpetrators of rebellions who are under the guise of religion carried out in countries that are predominantly Muslim, such as Indonesia, Malaysia, Thailand and others, so that later can provide peace solutions for all people in countries that is. Because religion is always the easiest issue to trigger political turmoil to gain power or destroy the power of a legitimate leader. And this is still and will continue if no in-depth research is carried out to anticipate this. And I hope that this research can be a scientific contribution for all Islamic researchers throughout the world.

Keywords
Islamic Law, Rebellion, Religion

Topic
Islamic Law

Link: https://ifory.id/abstract/GzwEn8vK3ex9

Corresponding Author
Ibnu Sina Chandranegara

Institutions
Fakultas Hukum Universitas Muhammadiyah Jakarta

Abstract
Constitutional Reform after fall of Soeharto-s New Order bring new direction for judiciary. Constitutional guarantee of judicial independence as regulated in Article 24 paragraph (1) of the 1945 Constitution, closing the door of dark memories in the past. In addition, in Article 24 paragraph (2) of the 1945 Constitution decide the Judiciary is held by the Supreme Court and the judicial bodies below it and a Constitutional Court. Such a strict direction of regulation plus the transformation of the political system in a democratic direction should bring about the implementation of independent and autonomous judicial powers. But in reality, even though in a democratic political constellation and constitutional arrangement that affirms the guarantee of independence of independence, in reality it does not represent the actual situation. There some problem which still remains, such as (i) the absence of a permanent format regarding the institutional relationship between the Supreme Court, the Constitutional Court and Judicial Commission, and (ii) still many efforts to weaken judiciary through many way such capturing judge. Referring to problem above, then there are gaps between what “is” and what “ought”, among others, First, by changes political configuration that tend to be more democratic, the judiciary should will be more autonomous. But in reality, various problems arise such as (i) disharmony in regulating the pattern of relations between judicial power actors, (ii) various attempts to criminalization judges over their decisions, (iii) judicial corruption. Second, by constitutional guarantee of independence of judiciary, there will be no legislation which reduced constitutional guarantee. But in reality, many legislation or regulations that still not in line with constitutional guarantee concerning judicial independence. This paper reviews and describes in depth about how to pour out and implement constitutional guarantees of judicial independence after the political transition and conceptualize its order to strengthening rule of law in Indonesia

Keywords
Judicial Accountability, Judicial Reform, Political Transition

Topic
Constitutional Law

Link: https://ifory.id/abstract/JU7Rr6ygWBQe

Corresponding Author
bambang sukamto

Institutions
Fakultas Hukum Universitas Islam Jakarta

Abstract
abstract The participation of the people in democracy era in Indonesia after the Presidential Election was seen to emerge and make noise, but the government did not take precautionary measures quickly. It is related to the 1945 Constitution article 28E paragraph (3) that states, "Everyone has the right to freedom of association, gather, and express opinions ". From the article the essence of the rights of every citizen express their opinions freely and responsibly in their shared lives. The phrase "responsibly" here gives an understanding that this freedom still has limits. With the study of juridical descriptions analyze the development of thinking that develops in the wider community in relation to the objectives of legal regulation. It is the right of every citizen to express their thoughts in writing and verbally freely and responsibly in accordance with the provisions of the applicable legislation. How the role of law enforcement is, without criminalization of law associated with the establishment of Coordinator Ministry of Politics, Law and Security of the State (Menkopolhukam) assistance.

Keywords
freedom, opinion, criminalization of law

Topic
Criminal Law

Link: https://ifory.id/abstract/W3GBnb6kYKRQ

Corresponding Author
lelisari lelisari

Institutions
Lecturer at Civil Law/ Business Law of Law Faculty
Muhammadiyah University of Mataram
Mataram, Indonesia
lelisiregar[at]yahoo.com

Abstract
Since the enactment of the Law Number 18 of 2017 concerning the Protection of Indonesian Migrant Workers, the term Indonesian Labors (in Indonesia, stands for TKI) is substituted to Indonesian Migrant Workers (in Indonesia, stands for PMI). By reading carefully the law governing about TKI or PMI namely the Law Number 18 of 2017 concerning the Protection of Indonesian Migrant Workers, it found that it was made to correct some weaknesses in Law Number 39 of 2004. This law improvement was aimed at increasing the security for Indonesian Migrant Workers as mandated in the 1945 Constitution. In fact, this law also still has several weaknesses, including the lack of detailed regulation of legal aid for PMI. Actually, when PMI works in a destination country, the PMI Protection Law provides them the right to get assistance, mediation, advocacy and legal aid in the form of advocate services given by the Central Government and/ or Representatives of the Republic of Indonesia, and it mandates legal protection for PMI specifically regulated in CHAPTER VII of the PMI Protection Law. However, this only covers a general description. It is not explained what the right of legal aid the PMI get if they are involved in a problem or case. In addition, access to legal aid is not integrated with the legal aid law in Indonesia, namely Law Number 16 of 2011.

Keywords
Legal Aid; Indonesian Migrant Workers;PMI

Topic
Private Law

Link: https://ifory.id/abstract/WTAkEvjL4Q7M

Corresponding Author
Bambang Dwi Hasto S

Institutions
Faculty of Law
Borobudur University

Abstract
In various cases of health service disputes, medical records have a very important role in the aspect as evidence in court. The better the medical record, the more legal protection will be given to patients, doctors and hospitals. Medical records are often used as a basis for defense / legal protection for doctors. Medical records are files containing records and documents about patients identities, examination result, treatment program and other medical measures in health care facilities. Legal problems often arise that are directly related to the management / treatment of their Medical Record. The value of Medical Record are called as "ALFRED VALUES" which is interpreted: Adrministrative value, Legal value, Financial value. Reseach value, Eduvation value and Documentation value. Medical record can function as a legal document, namely as a valuable evidence as an expert witness but its depend on judge decision. Sometimes, Medical Record can be use as a key witness to dispute resolution in health services both in hospitals and in individual clinics. Medical record can be used as a basic data to prove the presence or absence of errors. The position of the medical record is very dependent on the judges judgment. The judge greatly determines the relevance and position of the medical record at the trial. Medical records are also very important for evaluating health services and evaluating staff performance in order to reduce morbidity and prevent mortality.

Keywords
Keywords : Medical Record, Medical disputes

Topic
Administratif Law

Link: https://ifory.id/abstract/2vKQ8LEdHaMc

Corresponding Author
Haidir Rachman

Institutions
a) Fakultas Hukum, Universitas Nasional
Jalan Sawo Manila Rt.14/Rw.3, Pasar Minggu, Kota Jakarta Selatan, DKI Jakarta, 12520, Indonesia
*haidirrachman[at]yahoo.com
b) Program Doktor Ilmu Hukum, Universitas Borobudur
Jalan Raya Kalimalang No. 1, Jakarta Timur, Indonesia
c) Program Doktor Ilmu Hukum, Universitas Borobudur
Jalan Raya Kalimalang No. 1, Jakarta Timur, Indonesia
d) Program Doktor Ilmu Hukum, Universitas Borobudur
Jalan Raya Kalimalang No. 1, Jakarta Timur, Indonesia
e) Program Doktor Ilmu Hukum, Universitas Borobudur
Jalan Raya Kalimalang No. 1, Jakarta Timur, Indonesia
f) Program Doktor Ilmu Hukum, Universitas Borobudur
Jalan Raya Kalimalang No. 1, Jakarta Timur, Indonesia

Abstract
Restitution is submitted by the Public Prosecutor by attaching the required documents for the application for restitution, which then the court judge will consider the application for restitution. The problem in this study is how the legal certainty of imposing criminal sanctions for restitution against perpetrators of trafficking in persons based on Law Number 21 of 2007 concerning Eradication of Trafficking in Persons Crime Government Regulation Number 7 of 2018 concerning Provision of Compensation, Restitution, and Assistance to Witnesses and victim? The research method used is normative juridical using secondary data. The results of the study show that legal certainty regarding the imposition of criminal sanctions for restitution for perpetrators of criminal acts of trafficking has been regulated in Law Number 21 of 2007 concerning Eradication of Trafficking in Persons in Government Regulation Number 7 of 2018 concerning Provision of Compensation, Restitution and Assistance to Witnesses and Victims are carried out with a mechanism for submitting restitution since the victim reports a case he has experienced to the local Republic of Indonesia National Police and is handled by the investigator together with the handling of the crime committed. However, in the application of criminal sanctions for restitution against perpetrators of criminal acts of trafficking in decisions of the Jambi District Court Number 538 / Pid.Sus / 2014 / PN.Jmb, on December 18, 2015 it was incorrect because the Court Judges did not examine the complete application for restitution submitted by the Public Prosecutor before deciding on sanctions for restitution, while the Public Prosecutor also carries out negligence by not attaching documents, so that the decision of the Jambi District Court Number 538 / Pid.Sus / 2014 / PN.Jmb can reduce the legal certainty.

Keywords
Restitution, Crime of Trafficking in Persons, Legal Certainty

Topic
Human Right Issues

Link: https://ifory.id/abstract/dpRcUXQPVvB6

Corresponding Author
Siti Miskiah

Institutions
Lecturer of Fakultas Hukum Universitas Islam Jakarta. Jln. Balai Rakyat Utan Kayu Jakarta 13120. Phone. (021) 8566431, 8504818. Fax. (021) 8504818

Abstract
The recent era of globalization is characterized by the rapid development of technology. The presence of technology has given a new nuance to human life that touches all aspects of life. The development of technology makes it easy for people to carry out activities to meet their needs and interact with other humans wherever they are. Technology, in addition to bringing benefits such as making it easy for people to carry out their activities, also causes losses. Crime through misuse of information technology is increasing. The type and mode of crime itself continues to develop, among others, the proliferation of lewd acts as livelihoods carried out through information technology. On the other hand, the success rate of disclosure of criminals with information technology is still very low. Therefore, strict and consistent law enforcement is needed to create deterrent effect. The purpose of this study is to analyze law enforcement efforts against perpetrators of criminal acts of lewd and/or others as pimps by taking advantage of female prostitution carried out through internet media, with empirical juridical methods. The result is that there are a number of legislation on the perpetrators of criminal acts of lewd conduct as livelihoods that regulate prostitution activities online, but it must be seen the elements of acts committed by perpetrators of obscene acts as livelihoods so that legal provisions can be applied more precisely against the perpetrator. However, for the legal basis in dealing with the perpetrators, the provisions of Article 296 and Article 506 of the Criminal Code can be used, which specifically regulate crimes committed by a pimp and Article 55 of the Criminal Code which are considered as those who take action or persuade them to do or facilitate actions or facilitate obscene acts with others as livelihoods and habits.

Keywords
Law Enforcement, Lewd Acts, Livelihood

Topic
Criminal Law

Link: https://ifory.id/abstract/L6vCZWyFfeqm

Corresponding Author
Teddy Asmara

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

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

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

Topic
Philosophy of Law

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

Corresponding Author
ILHAM YULI ISDIYANTO

Institutions
FACULTY OF LAW UNIVERSITAS AHMAD DAHLAN

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

Keywords
Prohibition of Marriage, Customs, and National Law

Topic
Philosophy of Law

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

Corresponding Author
Kamal Fahmi Kurnia

Institutions
Faculty of Law, Universitas Sang Bumi Ruwa Jurai.
Jln Imam Bonjol, No. 468, Langkapura, Bandar Lampung.
kamal.fahmi1405[at]gmail.com.

Abstract
The third amendment to the 1945 Constitution of the Republic of Indonesia has raised the Constitutional Court as a constitutional justice institution in Indonesia. One of the authorities possessed by the Constitutional Court is to decide on disputes about the results of general elections. This article aims to examine the interpretation of the authority through a literature study method with a normative juridical approach. The results of this study explain that Article 24C paragraph (1) of the 1945 Constitution of the Republic of Indonesia is the constitutional basis for the Constitutional Court in the authority to decide disputes about the results of general elections. On Normative perspective, it can be said that the authority possessed by the Constitutional Court is only in the case of disputes that occur between participants in general elections in the case of the results of general elections authorized by the General Election Commission. When interpreted with a comprehensive approach, the Constitutional Court as the guardian of the constitution and the guardian of democracy, the authority to decide disputes on the results of the general election cannot be interpreted only speaks of disputes over results but the Constitutional Court can examine the electoral process if fraud occurs structured, systematic and massive. So, the Constitutional Court is not only a Court Calculator that only calculates the results of general elections, but more than that as the guardian of the constitution and democracy in Indonesia.

Keywords
constitutional court; general election; democracy.

Topic
Constitutional Law

Link: https://ifory.id/abstract/ne2VCTq3PGAK

Corresponding Author
Supeno Supeno

Institutions
Faculty of Law Batanghari University

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

Keywords
Asean Economic Comunity, moral issue, resource of moral

Topic
Philosophy of Law

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

Corresponding Author
Supeno Supeno

Institutions
Batanghari University

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

Keywords
AEC, morality, solution

Topic
Philosophy of Law

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

Corresponding Author
Mimin Mintarsih

Institutions
a) Faculty of Law, Universitas Islam Jakarta.
Jl. Balai Rakyat, Jakarta Timur, Daerah Khusus Ibukota Jakarta 13120
*miensh66[at]gmail.com

b) Faculty of Law, Universitas Islam Jakarta.
Jl. Balai Rakyat, Jakarta Timur, Daerah Khusus Ibukota Jakarta 13120

c) Faculty of Law, Universitas Islam Jakarta.
Jl. Balai Rakyat, Jakarta Timur, Daerah Khusus Ibukota Jakarta 13120

Abstract
Freedom and independence from colonial oppression is a nature, inherent in every human being. This is the basis for the birth of various independent and sovereign countries throughout the world. It is as the instruments in the framework of liberation, namely democracy. The meaning of democracy, namely a government based on the will of the people, the sovereignty of the people, and thus guaranteed equal rights and the right of freedom. The problem in this study is how the implementation of basic rights related to democratic freedom? The purpose of the study is to analyze the basic rights related to democratic freedom, with normative juridical research methods. The results of the study that the implementation of natural rights in relation to freedom of democracy is an obligation that must be fulfilled, for example in the right to freedom of movement, travel and relocation, the right to freedom of expression or opinion, the right to freedom of choice and active in an organization or association. These natural rights are the rights that have been possessed by every human being since he was still in the womb. If seen from democracy in Indonesia which has the Pancasila ideology, democracy is inspired by Pancasila values, namely Peoples Democracy which is led by wisdom in deliberation/representation, which has the One Godhead, fair and civilized humanity, which is united in Indonesia and socially just for all Indonesian people. Consequences in the life of the state must recognize the existence of God Almighty, thus giving birth to people who have Pancasila morality. Thus the basic rights based on the Almighty Godhead can guarantee the implementation of a healthy democracy.

Keywords
Natural Rights, Freedom, Democracy

Topic
Human Right Issues

Link: https://ifory.id/abstract/8J9VyCb4LfjD

Corresponding Author
Sarip Sarip

Institutions
Fakultas Hukum, Universitas Muhammadiyah Cirebon

Abstract
ABSTRACT The issue of Non Food Cash Aid (BPNT) has occurred in managing and distributing to the community of Prosperous Family Card holders (KKS). The government is looking for solutions, to ensure that BPNT programs are implemented consistently and accurately. Practically the BPNT program is considered inconsistent, the quality of rice has decreased, the quantity of rice and egg is experiencing a decrease due to rising food prices. Distribution of BPNT in practice is conducted by community group and Village Owned Enterprise (BUMDes). The fact that the field of goodness is channeled by the community and BUMDes is inconsistent, making the KKS holders more vulnerable. The data were collected in South Kaliwedi Village, Kepandean Village, Indrapatra Village, Guwa Kidul Village, Sidawangi Village, and Cibeureum Village experiencing a decrease in quality and quantity in BPNT. Community groups and BUMDes do not have the authority to manage BPNT funds and only as BPNT distributors. The Trust Law No. 6 Year 2014 provides opportunities for BUMDes to optimize economic development in villages as a form of community economic development. Through field research conducted in several villages, village opportunities for village economics development through BUMDes optimization. Through the comparison method between community groups and BUMDes makes reference to better management of the village economy. The goal is to explore the opportunities of BUMDes, to develop the business, to explore the potential of the peoples economy, and to help improve the economy, both paddy farmers and layers of chicken who are often losers due to unstable prices. The role of BUMDes as a rural business entity is encouraged to improve the welfare of rural communities through economic development. Management and channeling by groups seem to be prospering groups or individuals alone in this case the capital owner. Management and channeling of BPNT has been implemented by BUMDes as a form of rural development from the outskirts and at the same time is a national program of developing villages. The government should provide space for BUMDes in the management and distribution of BPNT to avoid the deviations that occur in the practice of BPNT.

Keywords
Optimization, BUMDes, BPNT, Management, Dispensing.

Topic
Administratif Law

Link: https://ifory.id/abstract/EC9XzAmQkU8B

Corresponding Author
Fithriatus Shalihah

Institutions
Faculty of law,Ahmad Dahlan University,Yogyakarta Indonesia

Abstract
Since the inception of the Declaration of Human Rights, 1948 the acknowledgment of the HUMAN rights protection for each person has been arranged, so it is hoped that there is no violation of human rights and crimes in every country in the world. Every human being has the right to live peacefully and carry out every activity of religious beliefs without any oppression. But this does not happen to the Rohingya tribe of Burma and the Uyghur tribes of China. So far, various facts have shown that human rights violations have been held against them, both in sustaining life and in exercising their religious beliefs. Countries should give space and comfort to act as perpetrators of human rights crimes against them. The United Nations, ASEAN or other international organizations, as well as other countries, cannot do much of the human rights abuses and humanitarian crimes. This paper will discuss how the international legal view of human rights abuses is. The research method used is normative legal research by using secondary data. Primary UDHR1948, ICERD, and ICCPR. Its secondary legal materials are literature such as books, international treaties, journals, articles, newspapers as well as Internet sites whose authors consider to be relevant to the written object. The results showed that human rights violations against the Rohingya ethnicity and the Uyghur people had violated international law provisions. It should be a proven leader of the country with its policies to have committed human rights violations and humanitarian crimes could be judged international Criminal Court (ICC) as perpetrators of humanitarian crimes and could not be sheltered behind the country. Need the courage and firmness of the UN in addressing this if it still puts the law as a regulator of peace and Order of the world.

Keywords
human rights abuses, China Uighurs, Myanmar ethnic Rohingya, international law.

Topic
International Law

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

Corresponding Author
Asri Wijayanti

Institutions
University Muhammadiyah of Surabaya

Abstract
In the era of globalization, the role of Trade Unions is very important. Trade Unions can represent workers in industrial relations dispute resolution and carry out activities to improve workers welfare. Trade Unions can sometimes take unwise actions that cause suspicion to others. The problem in this research can be solved by planting maqashid syaria in the value of local wisdom as a model in the efforts to resolve the industrial relations disputes among union administrators. The purpose of this study is to provide an overview of the implementation of the value of maqashid sharia as an alternative solution in the efforts to resolve industrial relations disputes. This research is juridically normative with conceptual and statutory approaches. The results of this study are Maqashid Syaria which is the goal of Islamic law has two dimensions, namely al wujud and al adam. Consisting of five things, namely laying the foundation of goodness to maintain religion, self, nasab, wealth and reason. Every thing has three levels, namely dhoruriyat, hajjiyat and tahsiniyat. These three levels must be implemented by the management of trade unions when facing a conflict of problems based on their priority level as the efforts to resolve industrial relations disputes through litigation or non-litigation. The conclusion was that the trade unions must understand the roots of the disputes object of the industrial relations that occur. Furthermore, it would try to achieve the goodness by conducting a problem analysis based on maqashid syaria to determine the strategical implementation of the three levels of maqasid syaria, namely dhoruriyat, hajjiyat and tahsiniyat.

Keywords
maqasid syaria, local values, industrial relations disputes, trade unions, workers

Topic
Islamic Law

Link: https://ifory.id/abstract/TWBGnYdz9uZ7

Corresponding Author
Untoro Untoro

Institutions
FACULTY OF LAW, ISLAMIC UNIVERSITY JAKARTA

Abstract
ABSTRACT Constitutions in all countries can almost be said to reflect the division of legislative, executive, and judicial powers. The idea of the separation of powers is the idea of Monstesquieu who taught the importance of the separation of powers in a country. The State Administrative Court as one of the judicial authorities has the authority to examine the validity of State Administrative Decisions, the object of dispute, which can be tested ex-tunc or ex-nunc. Ex-tunc testing or ex-nunc is done before the judge gives a verdict. This research is doctrinal research with a philosophical approach. The methodology used is qualitative. The first problem that arises is how judges consider to implement ex tunc or ex nunc testing. The second problem, what are the philosophical implications with the implementation of ex tunc or ex nunc testing. The first aim of the study was to analyze the consideration of judges applying ex tunc or ex nunc testing. The second objective is to analyze the philosophical implications of the implementation of ex tunc or ex nunc testing. The results of the study revealed that ex tunc testing meant that testing had begun since the preparation of the formation, the formation process until the publication of the State Administrative Decree. In other words ex tunc testing is retroactive. Ex nunc testing is carried out by paying attention to the things that are happening now by the time the decision has been made and there have been changes in both changes in regulations, conditions and government policies concerning the contents of the Administrative Decision of the State being sued. The philosophical implications are to realize justice and prosperity in the issuance of state administrative decisions.

Keywords
ABSTRACT Constitutions in all countries can almost be said to reflect the division of legislative, executive, and judicial powers. The idea of the separation of powers is the idea of Monstesquieu who taught the importance of the separation of powers in a country. The State Administrative Court as one of the judicial authorities has the authority to examine the validity of State Administrative Decisions, the object of dispute, which can be tested ex-tunc or ex-nunc. Ex-tunc testing or ex-nunc is done before the judge gives a verdict. This research is doctrinal research with a philosophical approach. The methodology used is qualitative. The first problem that arises is how judges consider to implement ex tunc or ex nunc testing. The second problem, what are the philosophical implications with the implementation of ex tunc or ex nunc testing. The first aim of the study was to analyze the consideration of judges applying ex tunc or ex nunc testing. The second objective is to analyze the philosophical implications of the implementation of ex tunc or ex nunc testing. The results of the study revealed that ex tunc testing meant that testing had begun since the preparation of the formation, the formation process until the publication of the State Administrative Decree. In other words ex tunc testing is retroactive. Ex nunc testing is carried out by paying attention to the things that are happening now by the time the decision has been made and there have been changes in both changes in regulations, conditions and government policies concerning the contents of the Administrative Decision of the State being sued. The philosophical implications are to realize justice and prosperity in the issuance of state administrative decisions.

Topic
Administratif Law

Link: https://ifory.id/abstract/dpTLckneNA7B