Indonesia Conference Directory

Corresponding Author
Wendra Yunaldi Yunaldi

Institutions
Faculty of Law, University of Muhammadiyah West Sumatera

Abstract
The study of the Minangkabau indigenous people continues to experience positive developments along with the growing tendency of state accommodation to the legal system that lives in the midst of the archipelago community. But on the other hand, the development of written law with its legislative products often collides with the spirit and spirit of the law contained in society. The philosophical formulation of ibi ius ubi societies where there is a society there is a law, making the dominative positivism tendency to revoke the legal legitimacy of society, even though it does not necessarily turn off the growth and development of the law of society. No matter how strong the state intervenes so that the awareness of the rule of society is organized into written legitisme systems because it is considered more modern, organized, uniform, and easy to implement, instead it becomes a new problem for the growth of the law itself. The awareness and legal spirit that lives in the community has a stronger influence on the compliance, awareness, and constancy of society, rather than the laws produced by the state. The purpose of law is the balance of rights and obligations and the achievement of feelings of satisfaction with the rules themselves so that justice can be created, not merely strengthening the conception of the state of law adopted by the state. For the Minangkabau customary law community that continues to adapt to Indonesian state law, the philosophical backing of Nagari cheating law becomes a fence and is also a barrier between the norms adopted by the community, with which the philosophy of syarak mangato, adaik mamakai confirms that Minangkabau customary law is a dimensionless law vertical and horizontal, down from the norm of divinity and carried out according to humanistic human behavior, which is why he is able to follow the natural tendencies of society. The growth of customary law that is so strong rooted in the Minangkabau indigenous people has to be considered by the state for an autonomous and responsive legal entity because with that the law can safeguard and at the same time organize its society in facing legal dynamics that continue to develop

Keywords
Philosophical Dimensions, Law, Minangkabau Law Society

Topic
Administratif Law

Link: https://ifory.id/abstract/PbV26Khe8F9X

Corresponding Author
NUR RAHMAN

Institutions
Fakultas Hukum, Universitas Muhammadiyah Cirebon
Jalan Tuparev No. 70 Cirebon

Abstract
Abstract Regeneration is a manifestation of human responsibility in order to preserve dignified and civilized humanity, children are the next generation of the nation who must get knowledge, moral provisions and the provision of religion at the same time. Islam teaches that education can start from an early age even when still in the womb. Children are a very valuable asset in regeneration, because what is achieved by the current generation will be continued by them, without them the regeneration process of humanity will be completed and a little bit of humanity will experience a decline in civilization. However, when looking at statistics relating to the numbers of crimes against children, especially sexual crimes, it seemed to make the hair goose bumps, moreover the cases of child sexual crimes occurred in the area which in fact had the connotation of a district that was very well known as religious. Cirebon Regency is the largest and most strategically populated regency in its time in the map of the spread of Islam, especially in West Java, with the central figure Sunan Gunung Djati inheriting advice "entrusted to the poor" who in his interpretation entrusted the religion of Islam and the poor when this becomes an icon of the holder of the government in carrying out the task of regulating the government order. Metro TV (25/10/2016) released a news titled "Cirebon emergency child sex crime", because cases increased 38% strengthened by official data from the Cirebon Resort Police 10 to 15 cases from reporting sexual crimes against minors. In 2016 according to the Cirebon District Integrated Service Center for Women and Children Empowerment (P2TP2A), said that as of October 2016 there were 38 cases of violence, consisting of cases of violence against children (KTA) under the age of 31 children and the rest of violence that occurred at the age of 18 year up (KTP). This shows an increase in numbers compared to the previous year which only recorded 34 cases. The President of the Republic of Indonesia some time ago has ratified the Government Regulation in lieu of the Law on the Second Amendment to the Law of the Republic of Indonesia Number 23 of 2002 concerning Child Protection, in which regulates criminal additions in the form of chemical castration against perpetrators of sexual crimes and / or with Agreement The House of Representatives of the Republic of Indonesia sets out the Law on the Elimination of Sexual Crimes. The Perppu has not yet seen how the state regulates the rights of children and women as victims of sexual crimes they experience, because it has only concentrated on the punishment for the perpetrators.

Keywords
Sexual crime, Cirebon Regency, PERPU No. 1 of 2016

Topic
Human Right Issues

Link: https://ifory.id/abstract/P8zhmQWrR9cf

Corresponding Author
Isdian Anggraeny

Institutions
UMM

Abstract
Structuring land ownership in Indonesia began in 1960 with the issuance of the Agrarian Basic Law. However, land issues are even more complicated as the global economy develops. Demands for the ease of obtaining land rights, especially from business entities, are increasingly high, including those from non-legal entities such as CV. This demand was also answered by the Government by issuing a Circular of the Minister of Agrarian and Spatial Planning / National Land Agency (ATR / BPN) Number 2 / SE-HT.02.01 / VI / 2019 concerning Granting of Right to Build Building for the Commanditaire Vennootschap. This paper tries to discuss two important things related to ownership of land rights by business entities that are not incorporated, specifically CV. First, what is the regulation of land tenure with the status of building rights in Indonesia? Second, how is CVs position as the subject holder of the use of buildings in Indonesia? Through normative juridical studies, conclusions are obtained as follows: First, land tenure arrangements with the status of building use rights in Indonesia have been carried out both through the Agrarian Basic Law and the regulations below, especially Government Regulation No. 40 of 1996 concerning Right to Cultivate, Right to Use, and Right to Use on the land. Second, there is a juridical problem regarding the position of CV as a non-building subject holder in Indonesia, since CV is not a Legal Entity that can own land rights.

Keywords
Commanditaire Vennootschap, Building Rights, Land

Topic
Private Law

Link: https://ifory.id/abstract/dmjZtz34qDwn

Corresponding Author
Catur Wido Haruni

Institutions
University of Muhammadiyah Malang, Univeristy of Jember

Abstract
The Regional Representative Council (DPD) was born in the era where changes to the 1945 Constitution occurred and new problems appeared in the representation system in Indonesia. Based on the provisions of the Constitution of the Republic of Indonesia (UUD) NRI Article 22 C Year 1945, DPD members that are elected through elections and DPD members from each province consist of the same number that is four members, this shows the same provisions without considering the territorial territory and the population of each province. In UUD NRI Article 22 D Year 1945, the regional representative council does not hold any power to form a law. The regional representative council can only submit a draft law to the regional representative council, thus they are unable to make a final political decision. The limited authority of the legislative function of DPD has become a necessity for its reconstruction. Legally, the improvement of this legislation can be done by regularly developing the UUD NRI Year 1945. This is to avoid the implementation of the function of the regional representative council, which does not reflect the spirit of democracy and as one of the mandates of popular sovereignty.

Keywords
Proportionality, The Regional Representative Council, Legislative Function.

Topic
Constitutional Law

Link: https://ifory.id/abstract/2gT6M7wxpJDB

Corresponding Author
Tubagus Heru Wijaya

Institutions
Faculty of Law University of Muhammadiyah Jakarta

Abstract
The development of criminal punishment in the world of experience and frustration against the criminalization of existing mechanisms, because it has not been able to satisfy justice and the objectives of achieving, preventing and combating crime. The purpose of punishment in practice is never achievable, certainty and also benefits are never ideal at the level, so that criminal prosecution is only a reflection of the values and excuse to meet the desires of vengeance alone.

Keywords
Concept , Criminalization, Legal Reform

Topic
Criminal Law

Link: https://ifory.id/abstract/EpA9vaZcrTu8

Corresponding Author
teuku saiful bahri

Institutions
Jakarta Islamic University Faculty of Law

Abstract
Reformation of state administration also means reform in the field of state administrative law. Reformation of State Administration Law is a prerequisite in the development of state administration to create Good Governance. In the eyes of state administration, administrative reform is improving a number of legal policies related to structure, processes and management in the fields of finance, supervision, apparatus human resources, accountability and transparency as well as the process of making and implementing policies. To complete this paper, the author uses normative legal (juridical normative) research methods conducted with library research (library research); as well as secondary data obtained from personal experience, and some sources of data obtained based on literature studies, other party research or study documents from primary legal materials such as analyzing laws and regulations relating to State Administration as well as various literature, articles, and magazines relating to the issues raised. The inception of Law Number 30 of 2014 concerning Government Administration (Law No. 30 of 2014) has been significant changes to the State Administrative Court (PTUN) system. From the aspect of legal politics, Law No. 30 of 2014 is intended to build better governance, so that governance in Indonesia becomes more responsive, more perceptive, and accountable; including to create quick responsive public services in solving problems, and there is legal protection for the community and for its apparatus. Therefore, the Scope of the State Administrative Decisions (KTUN) that has the potential to become disputes at PTUN is also increasingly widespread. Especially, the filing of a lawsuit that must immediately get response from both the TUN officials and PTUN, if it is not responded, the lawsuit is deemed accepted. In the case of the TUN Judicial Procedure law, it must also accommodate the development of technology and information, where the claim, summons, and delivery of decisions can be made through electronic media.

Keywords
Law, Administrative Efforts.

Topic
Administratif Law

Link: https://ifory.id/abstract/RMDrHYy9JKnd

Corresponding Author
Reynaldi Pramana

Institutions
UNIVERSITY OF 17 AGUSTUS 1945

Abstract
Abstract— This Human Immunodeficiency Virus Acquired Immune Deficiency Syndrome HIV-AIDS is a deadly virus that infects the human reproductive system due to unhealthy sexual relations. The formulation in this research is the regulations on access to health for women who have HIV -AIDS and from the aspect of human rights and also the implementation of a ban on discrimination against people with HIV-AIDS, especially in the health sector. HIV / AIDS itself has national and international safeguards as outlined in the form of laws and regulations, or international conventions related to access to health for people with HIV / AIDS. The method used in this research is data collection methods and empirical normative. The results of research that it can be concluded that the position of people with HIV / AIDS who are human beings who have the right should have the protection of human rights, real health service guarantees from the government, access to proper health and the feasibility of getting work and life that should be the right of HIV / AIDS, not just a series of regulatory writings without real action.

Keywords
regulation, health access, people with HIV-AIDS disease

Topic
Human Right Issues

Link: https://ifory.id/abstract/ELfCYuQxth2G

Corresponding Author
BUDIARSIH BUDIARSIH

Institutions
Faculty Of LawUniversity Of August 17, 1945

Abstract
The Human Immunodeficiency Virus Acquired Immune Deficiency Syndrome HIV-AIDS is a deadly virus that infects in the human reproductive system due to unhealthy sexual intercourse. The formulation on this research is the regulations on access of health and social care for prostituted women who have HIV -AIDS and from the aspect of human rights and also the implementation of a ban on discrimination against people with HIV-AIDS, especially in the health sector. HIV / AIDS itself has national and international safeguards as outlined in the form of laws and regulations, or international conventions related to access to health for people with HIV / AIDS. The method used in this research is data collection methods and empirical normative. The results of research that it can be concluded that the position of people with HIV / AIDS who are human beings who have the right should have the protection of human rights, real health service guarantees from the government, access to proper health and the feasibility of getting work and life that should be the right of HIV / AIDS, not just a series of regulatory writings without real action

Keywords
regulation, health access, people with HIV-AIDS disease

Topic
Constitutional Law

Link: https://ifory.id/abstract/NqbGFuaj2LXx

Corresponding Author
Hamdan Azhar Siregar

Institutions
Jakarta Islamic University Faculty of Law

Abstract
In the Greco-Roman and medieval times, when Mazab developed, Irrasioanls natural law had laid the philosophical foundations of basic obligations for humans rooted in the philosophy of metaphysics and divine values. Only when individual expressions flare up and urge recognition of basic human rights, the demands for recognition and protection of human rights develop. The teachings of Aquinas (1224-1274), Hugo Grotius (1583-1645), Magna Charta (1215), Human Rights Petition (1628), British Declaration of Human Rights (1689), United States Declaration of Independence (1776), and the French revolution (1789) is evidence of this shift. Changing the rationale from basic obligations to basic rights is a contradictory change, so that between basic obligations and basic rights seems to be a fundamental conflict. Based on our research using normative legal methods, it was based on several theories such as the balance theory proposed by John Rawl, and the theories of justice, among others, put forward by Thomas Aquinas and the theories of the law of the natural law can be concluded that rights and obligations are a unity cannot be separated. Therefore, respect for human rights must also be followed by human obligations. Thus, to see the realization of Human Rights as regulated in Articles 27 to 32 of the 1945 Constitution, philosophically, we must look at the atmosphere of mysticism in the Human Obligations that are in their minds. Thus, the implementation of the implementation of Human Rights does not stand alone and separate from the Human Obligations, but between Human Rights and the Obligations of Human Rights are mutually complementary.

Keywords
Human Rights and Human Obligations.

Topic
Human Right Issues

Link: https://ifory.id/abstract/nY3ztUevPHTx

Corresponding Author
Erny Herlin Setyorini

Institutions
Law Faculty of University 17 August 1945 Surabaya, Indonesia

Abstract
Abstract—Children are the next generation of the nation which is very important in a country. For this reason, children must be able to grow and develop as well as they can. Due to several factors, such as poverty, broken families, divorced parents, in their growth and development, children do not always get the best that is expected, sometimes children whose conditions are ready to help follow up. Handling cases of children who are in conflict with the law through the legal process is finished up in prison. This of course can damage the future because it creates a negative stigma in the community. For this reason, Law Number 11 of 2012 concerning the Juvenile Justice System was approved, which was approved by diversion, namely the transfer of approval of child cases from court proceedings that leave court proceedings. Article 7 paragraph (2) of the Law Number 11 of 2012 must meet the requirements, namely (1) the crime of safety under 7 (seven) years, and (2) does not constitute a repeat of the crime. In addition, there must be agreement or agreement with the victim and / or responsibility. The handling of cases of children in conflict with the law through diversion is carried out using restorative justice, namely by presenting children and families, victims and defenders, community leaders, social counselors, social services, social workers, and other parties Improvements to repairs and not retaliation.

Keywords
Restorative Justice, Children in Conflict with Law, the Criminal Justice System for Children.

Topic
Criminal Law

Link: https://ifory.id/abstract/XAVcLzQm3R9G

Corresponding Author
Amiludin Amiludin

Institutions
Universitas Muhammadiyah Tangerang

Abstract
RIGHTS OF COUNTRY: The Concept of Coastal Water Concession Rights in Indonesia Ahmad, Amiludin dan Nizla Rohaya Dosen Fakultas Hukum Universitas Muhammadiyah Tangerang Email: ahmadfh@umt.ac.id amiludin@umt.ac.id, Nizla.rohaya@gmail.com Abstract The existence of plotting in the form of management of coastal areas and small islands to be used as private ownership and close ownership by individuals, legal entities or certain communities by granting concession rights to coastal waters (HP-3) can eliminate the meaning of state ownership rights. The overlapping of HP-3 granting as an object of licensing by the sector / agency in the forestry sector through the use of mangrove forests, aquatic fauna / flora and the use of environmental services in mangrove forests, mining through the use of sand as a coastal and mineral resource in the sea and the tourism sector by developing coastal tourism is a constitutional issue in Law No. 27 of 2007 concerning the management of coastal areas and small islands as the decision of the Constitutional Court No. 03 / PUU / VIII / 2010 because it eliminates guarantees, protection and legal certainty for citizens, communities such as fishermen and coastal residents. As for the problems in this study, how the right to control the state in granting HP-3 permission and how the concept of concession rights in coastal waters in Indonesia. The method used in this study is juridically normative with a descriptive analysis approach. The expected results are the realization of the concept of state control as it has become a fixed jurisprudence verdict The constitutional court is interpreted as a state not having but state control covering the state formulating policies (regulating), managing (bestuurdaad), managing (regelendaad), and conduct supervision (toezichthoudendaad) to realize the prosperity of the people. Concession rights of coastal waters are coastal waters and small islands, there are individual rights, customary community rights and the rights of traditional fishing communities, business entity rights, or other community rights and the enactment of local wisdom values so that HP-3 is given through the licensing mechanism not giving rights.

Keywords
Keywords: Constitutionality, Rights Of Country and Coastal Water Concession Rights.

Topic
Constitutional Law

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

Corresponding Author
Sawitri Yuli Hartati

Institutions
Fakultas Hukum Universitas Muhammadiyah Jakarta

Abstract
The development of sharia insurance in Indonesia has provided an alternative for Muslims to meet the needs of insurance that is clearer, free from maisir, gharar and usury. The special features possessed by sharia insurance include the application of the concept of risk sharing, where each surplus received by the company is entirely owned by the participant and in practice this surplus is shared with sharia insurance companies. The relatively high growth of the sharia insurance industry is certainly not spared from dispute problems between parties as is also the case with conventional insurance. The issue of disputes must be dealt with clearly and decisively who or which institution can mediate, and what if there is no agreement which institution will decide. Discourse authority over the settlement of Islamic insurance disputes stems from the existence of disharmony in its regulation. The law which is used as a legal basis for settlement seems to equate sharia insurance with conventional insurance so that sharia principles are not accommodated. Even between the laws that become the legal umbrella for the implementation of sharia insurance contradict each other or cause the most dualism in dispute resolution arrangements.

Keywords
Islamic Insurance, Alternative Dispute Resolution, Sharia Arbitration

Topic
Islamic Law

Link: https://ifory.id/abstract/EhY9FgPzQeLD

Corresponding Author
AGUS SUPRIADI

Institutions
Department of Islamic Family Law
Faculty of Islamic Religion
University of Muhammadiyah Malang
246 Tlogomas Street, Malang-Indonesia

Abstract
This article describes the problems related to the application and implications of regional regulations or sharia regulations with some literature and reviews them in the perspective of maqashid as-sharia. This paper argues that some regional regulations that have sharia nuances aim at social control of the community and prioritize general welfare, while some of the sharia regulations are still lacking and far from the aims and objectives of establishing sharia regulations themselves and prioritizing the interests of certain groups and groups. This article also found that many local regulations that are not sharia-compliant actually have maqașhid as-sharia values in their application and their implications. Therefore the findings of this article state that regional regulations that have sharia nuances do not necessarily aim to uphold Sharia values. Whereas non-Sharia regulations actually have more Islamic values.

Keywords
Sharia Local Regulation, Maqashid As-sharia

Topic
Islamic Law

Link: https://ifory.id/abstract/qMLwZb6kUhDe

Corresponding Author
Soni Zakaria,S.Sy. M.H.

Institutions
Department of Islamic Family Law
Faculty of Islamic Religion
University of Muhammadiyah Malang
246 Tlogomas Street, Malang-Indonesia

Abstract
This article describes the problems related to the application and implications of regional regulations or sharia regulations with some literature and reviews them in the perspective of theory of maslahah. This paper argues that some regional regulations that have sharia nuances aim at social control of the community and prioritize general welfare, while some of the sharia regulations are still lacking and far from the aims and objectives of establishing sharia regulations themselves and prioritizing the interests of certain groups and groups. This article also found that many local regulations that are not sharia-compliant actually have maslahah values in their application and their implications. Therefore the findings of this article state that regional regulations that have sharia nuances do not necessarily aim to uphold Sharia values. Whereas non-Sharia regulations actually have more Islamic values.

Keywords
Sharia Local Regulation, Maslahah

Topic
Islamic Law

Link: https://ifory.id/abstract/KJYCFkuVzg4f

Corresponding Author
Siti Hasanah

Institutions
Faculty of Law Muhammadiyah Mataram University

Abstract
The transfer of popular sovereignty to leaders or representatives of the people through election can actually takes place democratically. The actualization of the electoral principles as a whole in the process of electionis a determinant of whether an election in a country is established democratically or not. The portrait of the simultaneous election in 2019 which is full of cheating has spearheaded the face of Indonesian democracy. This phenomenon is an impact of theshifting in thebasis of democratic particularity in Indonesia after the amendments of UUD 1945. Deliberation and representation arethe democratic particularity basisin Indonesia. This system was adopted by the nations founding fathers from the system of choosing leaders in Islam, which was established in the state constitution of UUD 1945. After the amendment of UUD1945 in the Reformation Era,this system has been displaced by a system of liberal democracy practiced through a direct election system, resulting in disharmony in democratic practices on thebasis of democratic particularity in the Reformation Era. Restoring the basis of democratic particularityin Indonesia through amendmentof UUD 1945 is a solution for this problem. This research uses descriptive qualitative method and literature study of secondary data from several collection.

Keywords
Keyword: Shifting, Basis of Democratic Particularity, Amendment of UUD 1945

Topic
Constitutional Law

Link: https://ifory.id/abstract/N7XBAUaEyPdV

Corresponding Author
Heni Marline

Institutions
UNIVERSITAS MUHAMMADIYAH PALEMBANG

Abstract
ABSTRACT When democracy was raised both in theory and in the practice of state administration since the seventeenth century almost all opinions agreed that the state was established to guarantee the interests of the people. One of the main pillars in the administration of a countrys government is the formation of regional regulations, from the authors observation that around 150 laws were produced by the DPR for the period 1999-2004. The findings can be summarized as follows: 1. Democracy in Indonesia during the revormation order has not yet run smoothly, this can be seen from the lack of community participation in the process of establishing regional regulations, if the regional regulations are promulgated, many things have not touched the interests of the people. 2. Local regulations are often made unrealistically and only determine the executive, so that the interests of the people are underestimated. 3. Lack of socialization to the public regarding local regulations compiled by the DPRD, as well as local governments so that when the regional regulations are issued many people do not know and do not understand.

Keywords
democracy, country

Topic
Constitutional Law

Link: https://ifory.id/abstract/We4vXDrYf7RF

Corresponding Author
M Jeffri Arlinandes Chandra

Institutions
a. law study program,Faculty of law, social sciences and political science, Open University, : Jl. Cabe Raya, Pondok Cabe Pamulang,Tangerang Selatan,Banten, Indonesia
*jeffrychandraarlinandes[at]gmail.com
b. law study program,Faculty of law, social sciences and political science, Open University, : Jl. Cabe Raya, Pondok Cabe Pamulang,Tangerang Selatan,Banten, Indonesia
*purwaningdyah[at]ecampus.ut.ac.id
c. law study program,Faculty of law, social sciences and political science, Open University, : Jl. Cabe Raya, Pondok Cabe Pamulang,Tangerang Selatan,Banten, Indonesia
*yenisanti16[at]gmail.com

Abstract
The concept of the state of law or often referred to Reachstaat, the rule of law or etat de droit is a concept of the state that prioritizes law as the basis for carrying out an action taken by the state. Based on the state of laws principle, namely that the Government is organized according to the law, in carrying out a government it must refer to the laws and regulations that serve as guidelines for the organization of a country based on the wishes of the people. The types of laws and regulations are contained in Law Number 12 of 2011 concerning the Establishment of Legislation. The product of legislation is made by the executive institution, namely Government Acts / Regulations Substitute the Law; Government regulations; Presidential decree; Regulations of the Supreme Audit Agency, Bank Indonesia, Ministers, agencies, institutions or commissions established by the Act or the Government at the behest of the Law that all must be harmonized and synchronized so that the good legislation can be formed. The research method that will be used in this study is a combination of normative research supported by empirical data on field research. Synchronization and harmonization (preview) are currently only carried out in a number of draft laws and regulations, for example the draft Initiative Law from the Government, draft Government Regulation (PP) and draft Presidential Regulation (PERPRES) carried out by the Ministry of Law and Human Rights through the directorate general of legislation, while there are still many legislative products from legislatures that are not harmonized, such as legislation in accordance with article 8 paragraph (1), namely regulations on agencies, institutions, ministries, and others. So all products of legislation made by the executive and legislative institutions must be harmonized in advance so that every legislation does not collide with each other

Keywords
Harmonization, Synchronization, Study, Executive

Topic
Constitutional Law

Link: https://ifory.id/abstract/3dahbY2JzGjK

Corresponding Author
Prisca Oktaviani Samosir

Institutions
Universitas Agung Podomoro

Abstract
Trademark is intangible goods. In the trademark, inherent value is an intangible asset for the owner because the trademark gives ownership rights as the legal subject, namely individuals (natural persoon) or legal entities (recht persoon), so that trademarks become intangible assets. Because the trademark has value, it is appropriate for trademark owners to get legal protection. Legal protection for trademark in Indonesia is only given to trademark owners who register their trademarks for the first time, in the principle, first to file. Indonesia does not use the principle of first to use, where the first trademark user has protection against the trademark. Whereas in other countries such as Saudi Arabia, the United States, Singapore, Australia, etc. apply the principle of first to use. The application of these two principles has a difference to the implications for legal protection provided specifically on company-owned trademarks. This paper will discuss the differences in the implications of legal protection for company trademarks in Indonesia by comparing the principles of first to use and the principle of first to file. This paper used normative method with an economic analysis of law approach. So, it is expected that this paper can contribute ideas to fill the legal vacuum regarding the authority of trademark registrants by companies that have not been regulated in Law No. 20 of 2016 concerning Trademarks and Geographical Indications.

Keywords
First to File, First to Use, Indonesia, Trademark

Topic
Private Law

Link: https://ifory.id/abstract/v8VAcHfmE7DU

Corresponding Author
SISKA DIANA SARI

Institutions
a. Universitas PGRI Madiun, Jl. Setia Budi No. 85,Kanigoro, Kartoharjo, Kota Madiun, Jawa Timur, Indonesia
*siskadianasari[at]ymail.com
b. Fakultas Hukum, Universitas Sebelas Maret Surakarta, Jl. Ir. Sutami No. 36A, Kentingan, Jebres, Surakarta, Jawa Tengah, Indonesia

Abstract
The objectives of research were to find out and to analyze the implementation of law protection model for esthetic beauty clinic-s patients in citizen-s constitutional right protection perspective. This study was a Socio Legal Studies research. Data analysis was conducted using a qualitative method, i.e. analyzing data based on systematic understanding and processing of data obtained from legislation inventorying, and results of field observation, interview and library research and using policy implementation theory perspective of Grindle-s. The result of research showed the implementation of legal protection model to aesthetic clinic-s patients viewed from the protection of citizen-s constitutional right perspective today indicating that implementation content, and drug and executor regulations are still less completed and need improvement. Viewed from the Context of Implementation, the structure factor, in this case Ministry of Health and Local Government, as leading sector in esthetic beauty clinic service responded to the violation less sensitively and many esthetic beauty clinics employ executing officers and use medicines and dangerous chemicals inconsistently with the specified guideline. Regulation and Supervision conducted by Ministry of Health, Local Government, and Law Enforcer have not run optimally and maximally yet. IDI played very limited role, and patients had poor understanding on their right and law protection.. As a regulator, the government is recommended to govern the right and the law protection of beauty clinic-s patients in more detailed; structural reform should be conducted in relation to its implementation; education should be given to the people about healthy and safe cosmetics, and about consumptive culture to prevent them from being the victim of beauty clinics that break the law.

Keywords
Law Protection, Patient, Esthetic Beauty Clinic, Citizens Constitutional Right

Topic
Constitutional Law

Link: https://ifory.id/abstract/vxFHzZEnr7qt

Corresponding Author
Sukirman -

Institutions
Students of Doctoral Program of Legal Sciences University of Borobudur

Abstract
This research aims to analyze legal protection for cosmetics consumer towards cosmetics circulation containing dangerous substance, and the responsibility of businessmen towards cosmetics products which harms consumers. The research method used in this study is sociological juridical approach, which is based on the legal approach that applies; from both laws and other laws and regulations and is also associated with the facts existed in society. The collected data will then be analyzed in accordance with the Law No.8 of 1999 concerning consumer protection, Law No. 36 of 2009 concerning Health, Indonesian Civil Code specifically the article 1365, 1366, 1367, and Government Regulation No.72 of 1998 concerning Pharmacy, and also the Decree of The Head of Indonesia National Agency of Drug and Food Control. The businessmen who produce cosmetics have to ensure that the products they produce is safe for consumption, is guaranteed, and qualified. Therefore, if there is any products causing harm to consumer, then the businessmen must be fully responsible for the burden of losses or harm suffered by the consumer. The responsibility from the businessmen can be in the form of compensation; can be in the form of refunds or replacement of goods of similar or equivalent value; health care; and/or appropriate compensation. Whereas, sanctions can be in the form of administrative sanctions up to criminal sanctions in accordance with applicable laws and regulations.

Keywords
legal protection, consumers, dangeours cosmetics.

Topic
Administratif Law

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

Corresponding Author
Suherman Suherman

Institutions
Universitas Pembangunan Nasional "Veteran" Jakarta

Abstract
Obtaining information is guaranteed by the Indonesian constitution, in accordance with Article 28 F of the 1945 Constitution of the Republic of Indonesia which regulates the right of everyone to obtain and convey information. Public institutions have an obligation to provide public information to the public to find out information from public institutions that have an impact on improving the quality of life. However, whether the legal entity in the form of a Private Limited Company can also be applied, as is the case with PT. Sumber Alfaria Trijaya Tbk which has been decided through Decision Number: 011 / III / KIP-PS-A / 2016 jo Decision of the Supreme Court No.533 K / PDT.SUS-KIP / 2018. In the decision of the Supreme Court No.533 K / PDT.SUS-KIP / 2018, the legal substance does not provide clearly to legal considerations of PT. Sumber Alfaria Trijaya Tbk, is related to the obligation to provide public information for legal entities in the form of a Private Limited Companies. The research method used in reviewing the legal issues examined is to use normative juridical research methods through literature studies to obtain secondary data. Furthermore, the quantitative data obtained from the literature study will be processed and the results will be presented in descriptive analytical form. The purpose of this study is to find out the concept of whether public legal entities in the form of Private Limited Companies also have the obligation to provide information to the public in accordance with Law No . 14 of 2008

Keywords
Public Information Openness, Private Limited Company, Corporate Social Responsibility

Topic
Private Law

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

Corresponding Author
Muhammad Luthfi

Institutions
Faculty of Law
University of Muhammadiyah Malang

Abstract
The birth of act 41 year 2004 about waqf brings a renewal spirit of productivity in the management of waqf. Nadzir as one of the elements in waqf has a major role in the sustainability of the management of waqf. Nadzir becomes an important part in maintaining this spirit, and the management needed Nadzir-s competent, dedication and insight in managing the waqf. Nadzir-s competent and dedication should be build, which is required management of waqf empowerment. The purpose of this research is to know Management of Nadzir empowerment on act 41 year 2004 about waqf. This research is a qualitative study using a statutory approach and concept approach, the data is using the primary legal material and secondary legal material, the technique of data collection in this research is the library, with qualitative data analysis techniques. This research contributes to the pattern of empowerment management given to Nadzir in managing waqf property. Which is by implementing the right pattern of waqf empowerment following the regulations, the management of Waqf expected to be implemented productively for the welfare of the people.

Keywords
Empowerment management, Nadzir, Act 41 year 2004 about waqf

Topic
Islamic Law

Link: https://ifory.id/abstract/E7Y36MyNHRtj

Corresponding Author
Jundiani Muslim

Institutions
(a*) Sharia Faculty
Universitas Islam Negeri Maulana Malik Ibrahim Malang
Jalan Gajayana No. 50 Malang, Jawa Timur, Indonesia

(b) Sharia Faculty
Universitas Islam Negeri Maulana Malik Ibrahim Malang
Jalan Gajayana No. 50, Malang, Jawa Timur, Indonesia

Abstract
The purpose of this study is to explore information related to the position of welfare state in fulfilling the basic needs of the people on water resources. This research raises legal issue concerning the lack of fulfillment of the constitutional mandate relating to the duty of state to fulfill the rights of the people in the field of water resources. This can be shown in several cases that most people still have difficulties accessing the water as a basic needs in their lives. In 2013, the Constitutional Court revoked Law Number 7 of 2004 concerning Water Resources and reactivated Law Number 11 of 1974 concerning Irrigation as a positive law in the field of water resources. This situation directly affected the management of water resources, especially related to policies that must be based on Law Number 11 of 1974. Substantially, the law also has many shortcomings and changes or replacements must be made in accordance with the people growth immediately. This type of research is normative juridical legal research, using statute approach and conceptual approach. The results of the study are expected to contribute ideas to the position of the welfare state in fulfilling the peoples basis on water resources.

Keywords
Basic needs of the people, water resources, welfare state

Topic
Constitutional Law

Link: https://ifory.id/abstract/84ZPNVwGdqCX

Corresponding Author
Anom Wahyu Asmorojati

Institutions
Universitas Ahmad Dahlan

Abstract
One characteristic of state law in Indonesia is the effectiveness of the administrative court, particularly the State Administrative Court (PTUN-Peradilan Tata Usaha Negara). However, the establishment, which was officially issued in Law number 5 of 1986, was brought about in 1991. It means that state administrative court was applied 46 years after Indonesia declared to be a state law. The research aims to know the urgency of State the establishment of State Administrative Law from the state lawpoint of view. The studies applied the normative juridical method by analyzing the effective regulations to answer the research in question. The fact shows that it is an urge to establish state administrative court in Indonesia. It should have been carried out since the declaration of independence in 1945. The delay indicates that the government sees it as unnecessary to set up a state law. it is required to prevent the violation of the rights of Indonesian people by those holding the authority

Keywords
Urgency, State Administrative Law, State Law

Topic
Administratif Law

Link: https://ifory.id/abstract/ACYBUbdHu2j6

Corresponding Author
Anis Mashdurohatun Mashdurohatun

Institutions
UNISSULA

Abstract
Intellectual property rights are a set of legal rights to express ideas into real forms of property. These rights are generally copyright, patent rights, and brand rights. IPR is still a wealth that is not yet commonly understood in terms of the distribution of property gono-gini in divorce cases in Indonesia. In some divorce cases, there are important things regarding intellectual property that must be really taken into account in the distribution of property without this. This study aims to examine and analyze and formulate the transfer of IPR as a joint asset in marriage and the distribution of gonogini assets after divorce. The approach method used in this research is juridical empirical. The data used are primary and secondary data. Techniques for collecting data through library studies and field studies. Analysis of descriptive analytic data. The results of the study found that the transfer of IPR as a joint asset in marriage was based on the provisions of IPR legislation. The object of the joint property needs to be harmonized with respect to the HKI field both copyright, brand and patent. Such as the brand lumpia express, suharti fried chicken, etc. The distribution of the gonogini property after the divorce certainly remains based on the provisions of the marriage law, namely Law Number 1 of 1974 concerning Marriage. In the provisions of Article 35 paragraph (1), it has been stated that the property acquired during marriage is a joint asset, provided that there is no marriage agreement regarding the separation of property. Everything that has economic value can be categorized as property, whether it is immovable property (land), moving objects (gold), also in legal developments such as electricity (intangible objects) are categorized as something that has economic value. Wealth in the IPR field is included in the category of assets because it is an intangible object that has economic value.

Keywords
IPR; Gono Gini; Post;Divorce

Topic
Private Law

Link: https://ifory.id/abstract/kPLFgf6hvdKt

Corresponding Author
Rahmat Muhajir Nugroho

Institutions
Faculty of Law, Universitas Ahmad Dahlan

Abstract
In the internet age, everything that has been recorded and stored will always be accessible again. News about the guilty verdict of a corruptor, for example, can still be found through a search engine even though the corruptor has served his sentence. The internet makes it difficult for people to forget their past. From there comes the desire of people to be free from memories of their past lives, which has the potential to be a bad stigma that looms throughout his life. Article 26 paragraphs (3) and (4) of the ITE Law regulate the concept of right to be forgotten, which can be interpreted as the right to forget electronic data information. The birth of this concept was due to a concrete event of someones data information that was already inaccurate, irrelevant or incorrect, thus creating a bad view (stigma) from the community against the person and violating the privacy rights (personal rights) of someone. However, the Government of Indonesia has not yet regulated clearly and in detail the procedures for filing the deletion of the right to forget electronic personal data information in cyberspace. Therefore, it is very urgent that this is immediately regulated in a Government Regulation concerning the right to forget electronic personal data information in cyberspace through the courts.

Keywords
Urgency, Settings, forgotten, data, personal

Topic
Human Right Issues

Link: https://ifory.id/abstract/HTA7hmUgPz6W

Corresponding Author
Wahyudi Kurniawan

Institutions
¹) Faculty of Law, University of Muhammadiyah Malang, ²) Faculty of Law, Ahmad Dahlan University, ³) Faculty of Law, University of Muhammadiyah Malang.

Abstract
The rapid development of rural communities will eventually give rise to disputes that can lead to disharmony in the lives of these people and even the life of the nation and state. The legal dispute resolution process in Indonesia has two choices, namely through litigation and non-litigation channels. Mediation is one way to resolve disputes through non-litigation channels. Village communities with various characteristics often face problems in the process of resolving the dispute. The role of village government in resolving disputes is certainly very important in providing access to justice for the community. In providing access to justice for its citizens, the birth of village mediation institutions formed by the village government is a very good idea. The problems discussed in this study, first, why is it necessary to create a village mediation institution in the context of access to justice for the community?; second, what are the advantages and disadvantages of the birth of village mediation institutions? The above problems are analyzed with the framework of the theory of dispute resolution, the theory of legal effectiveness, alternative dispute resolution. The purpose of this study was to find out, identify and evaluate the importance of village mediation institutions in the context of access to justice for the community and look for the advantages and disadvantages of the birth of village mediation institutions. Through the village mediation institution, it is expected to be able to produce dispute resolution that is more effective, efficient, maintain good relations and be family-like as the characteristics of the village community in general.

Keywords
Village Mediation Institutions, Dispute Resolution, Access to Justice

Topic
Philosophy of Law

Link: https://ifory.id/abstract/nGHU68q9YLwz

Corresponding Author
Astria Yuli Satyarini Sukendar

Institutions
17 Agustus 1945 Surabaya University

Abstract
Indonesia is Maritime nation. The number of a small island is one of the diversity possessed by Indonesia beside the diversity of culture and ethnicity. Indonesians who live in coastel areas in their daily lives can not be separated from their dependence on coastal resources due to the livelihoods of their inhabitans who depend on the sea. Their livelihood is sourced from the sea, so they choose to live in coastal areas. The potential and diverse natural resources in coastal areas become an attraction for the community to meet their daily needs, so that coastal settlements are formed that vary according to the level of community life. The increasing number of Indonesian people living in coastal areas is their reason to build floating houses in the coastal area where these floating houses are a place to live and gather a family. The house is a place where all family members stay and do activities that become daily routine. Based on the wisdom and customs of the surroundings, the floating houses, which generally belong to fishing communities, were established on their own initiative. So that its establishment is not based on permission from the government, and does not have the basis of rights like houses in general on the mainland. Whereas according to the Law of the Republic of Indonesia Number 28 Year 2009 concerning Regional Taxes and Regional Levies Article 1 paragraph (39) intended for construction is technical construction which is planted or permanently attached to land and / or inland and / or sea waters. The existence of a legal vacuum regarding floating houses causes community unrest towards the legitimacy of the floating houses themselves when in fact the indigenous people themselves have built floating houses long before the Basic Agrarian Law was made.

Keywords
floating houses, coast, maritime rights.

Topic
Administratif Law

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

Corresponding Author
Rendy Renaldy

Institutions
Faculty of Law Universitas Sang Bumi Ruwa Jurai
Jl. Pagar Alam No.257, Langkapura, Bandar Lampung

Abstract
Electronic transaction agreement between PT. Juang Abadi Alam with Australian Rural Exports Pty Ltd in the perspective of the ITE Law is legal and has legal consequences, this is reinforced in Article 11 paragraph (1) of Law Number 19 Year 2016 concerning Amendment to the Second Law Number 8 Year 2011 concerning Information and Electronic Transactions which explains that: "Electronic Signatures have legal force and legal consequences." addition, the potential risks in electronic transactions are very contrary to the expected effectiveness, such as security aspects where the use of electronic information uses public networks, where everyone can find out information about the electronic transaction, besides when one party does not implement the transaction electronics that have been agreed with other parties, then this will have an impact on the loss of interested parties and parties that use information technology for the sale of an item or service.

Keywords
Electronic Signature, Buying Agreements and Civil Law

Topic
Private Law

Link: https://ifory.id/abstract/LgkRJCXE9bay

Corresponding Author
Fitria Esfandiari

Institutions
Department of Law, Faculty of Law
University of Muhammadiyah Malang
Jl. Raya Tlogomas No. 246, Malang, East Java, Indonesia, 65144

Abstract
The enactment of Law No. 6 of 2014 concerning Villages (Village Law) has a significant impact on changing the position of the village from just the administrative area under the district to the entity that has the right to regulate and manage self-government affairs. Based on the initiative of the local community. Village problems that arise must be balanced with the implementation of principles that are the reference as contained in the explanation of article 24 letter d of the Village Law. One of them is in the principle of openness, namely the right of the community to obtain information that is true, honest and non-discriminatory about the administration of the Village Government. By continuing to pay attention to the provisions of the legislation. This study aims to conduct a study and formulate transparency that can be used by villages in the implementation of village governance. The research method used is a normative research method. with a statute approach. The results of the study show that efforts to empower the village community are one manifestation of accountability from the village administration to the policies and decisions that have been taken.

Keywords
Village, Information Openness, community empowerment

Topic
Administratif Law

Link: https://ifory.id/abstract/7eC49Rb6ygqK