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

Event starts on 2019.11.12 for 2 days in Makassar

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

Page 2 (data 31 to 60 of 84) | Displayed ini 30 data/page

HUMAN RIGHTS AUDIT FOR CORPORATION AND RESPONSIBITY OF BUSINESS TO RESPECT HUMAN RIGHTS
Hikmatul Ula, Fransiska Ayulistya S.

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Corresponding Author
Hikmatul Ula

Institutions
Faculty of Law Universitas Brawijaya

Abstract
This article examines about efforts to realize the principle of corporate responsibility to respect human rights by conducting Human Rights Audit. Human rights audits of corporations are not very popular in Indonesia, this is because there is no regulation on the obligation to conduct human rights audits for corporations. Even so, the obligation to comply with human rights has spread in several sectoral laws and regulations. This article further explains about the opportunities and challenges for conducting HR Audits in corporations, as well as how the audit should be explained. To implement a human rights audit it is necessary to take a number of concrete steps, first to include the obligation to ham audit into the law, in this case Law of Corporation. Obligations for human rights audits are equated with financial audit obligations or with the obligation to carry out social responsibilities in the Law of Corporation. Second, human rights audit mechanisms can adopt existing instruments in international law, for example those in the UN Global Compact, UNGP on Business and Human Rights, etc. The three approaches to related stakeholders are local government, corporations and the public about the importance of respecting human rights for business activities.

Keywords
human rights audit, human rights and business, business ethic, multy national corporation

Topic
Human Rights

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


Human Rights in the 4.0 Industrial Revolution Era
Flora Pricilla Kalalo (a*), Natalia Lana Lengkong (b), Arcelinocent Emile Pangemanan (c)

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Corresponding Author
Flora Pricilla Kalalo

Institutions
a) Faculty of Law, Sam Ratulangi University
Jalan Kampus Bahu UNSRAT, Manado 95115, Indonesia
flora.kalalo[at]unsrat.ac.id
b) Faculty of Law, Sam Ratulangi University
Jalan Kampus Bahu UNSRAT, Manado 95115, Indonesia
fhukum[at]unsrat.ac.id
c) Faculty of Law, Sam Ratulangi University
Jalan Kampus Bahu UNSRAT, Manado 95115, Indonesia
fhukum[at]unsrat.ac.id

Abstract
The purpose of this study is to understand how human rights in the 4.0 Industrial Revolution era, which is with the qualitative research methods concluded that the emphasis on human rights has gone through a period of dealing with arbitrary rulers, facing poverty and underdevelopment and now facing the controlling from machines. The concerning over machine control began when Deep Blue, a computer system, even though in the first chess match in 1996 against chess world champion Garry Kasparov could defeated, but after being upgraded in the second match in 1997 Deep Blue could defeat Garry Kasparov. The 4.0 Industrial Revolution which emphasizes the ability of machines to do work and improve themselves raises the possibility of human exclusion so it needs human rights aspects to protect people from the controlling by machines like humans are not one of the industrial factors, things about humans should not be decided by machines, morals remains a determining factor in the 4.0 industrial revolution.

Keywords
Human Rights; 4.0 Industrial Revolution

Topic
Human Rights

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


Implementing Good Corporate Governance Principles by Village Owned Enterprises: A Case Study From North Sumatera
Detania Sukarja, Mahmul Siregar, Tri Murti Lubis

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Corresponding Author
Detania Sukarja

Institutions
Universitas Sumatera Utara

Abstract
All business entities receiving capital from the public budget must apply Good Corporate Governance ("GCG") principles which include transparency, accountability, responsibility, independency and fairness. However, unlike the regulations relating to State-Owned Enterprises (“BUMN”) and Regionally-Owned Enterprises (“BUMD”) which explicitly regulate the obligation of the companies to implement GCG principles, the regulation on Village-Owned Enterprises (“BUM Desa”) does not specify and regulate this explicitly. BUM Desa and similar business entities need to be managed in accordance with these principles in order to reach their maximum potential and be publicly accountable. Sound and professional management of BUM Desa is particularly important because it relates to the Indonesian Government-s Village Fund program. The program aims to improve the welfare of villages, overcome development gaps between villages and strengthen rural communities as the subject of development. This paper aims to showcase the result of a research conducted covering 10 BUM Desas spread across 6 regencies in North Sumatera. The research seeks to assess the comprehension of BUM Desa managers relating the concept of GCG and document to what extent they apply the principles in the management of their business entities in conjunction with the regulations. The results showed that managers understood the urgency of managing business entities correctly in accordance with statutory regulations, but almost all of them did not understand GCG as a concept. On this basis the research emphasizes the importance of strengthening the regulatory frameworks for BUM Desa to explicitly reference application of GCG principles.

Keywords
BUM Desa; Village-Owned Enterprises; Good Corporate Governance

Topic
Trade and Business

Link: https://ifory.id/abstract/yfCcpAUKb3e4


Improving the Efficiency and Effectiveness Principles in Making Laws: Challenges and Opportunities
Muhammad Fadli

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Corresponding Author
Muhammad Fadli

Institutions
Faculty of Law Hasanuddin University

Abstract
As a constitutional state, the administration of government in Indonesia is based on statutory regulations. The process of establishing laws in Indonesia requires a gradual process and takes a long time. Starting from the stages of planning, drafting, discussion, ratification, until the enactment stage. Hence, one of the most essential stages in the formation of legislation in the planning stage through the National Legislation Program. This paper is a normative legal research with using statute, conceptual, and comparison approaches. The results show that the comparison of the number of bills in the national legislation program with the number of bills successfully enacted is vastly different. However, as it turns out into practice, this phenomenon occurs almost every year without any efforts to improve the legislation system. The number of bills in the National Legislation Program 2010-2014 totaled 258 bills, while only 83 bills were successfully completed, or only 16 percent according to the National Legislation Program. Indeed, Indonesia should apply the principles of efficiency and effectiveness consequently as basic principles in making laws.

Keywords
Laws; Efficiency; Effectiveness; National Legislation Program

Topic
Governance and Anti-Corruption

Link: https://ifory.id/abstract/B8JAaL9PucrC


INDONESIAS COMMITMENT TO ACHIEVE SUSTAINABLE MANAGEMENT OF PALM OIL; REGULATION APPROACHES
Maskun, Aminuddin Ilmar, Naswar, Achmad, Hasbi Assidiq, Nofisari Rahayuningtyas, Royan Juliazka Chandra Jaya

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Corresponding Author
Hasbi Assidiq

Institutions
Faculty of Law

Abstract
The European Union has endorsed the draft energy proposal by removing palm oil as a basis for sustainable fuels (Biofuel) in 2021. This is done because it is considered oil palm to be the cause of deforestation which increases the concentration of greenhouse gas emissions that cause global warming. However, Indonesia considers that the European Union policy is detrimental to Indonesia and shows injustice in the mechanism of palm oil trade. It is certainly inseparable from the condition of Indonesia which is one of countries with the largest palm oil producer in the world. Indonesia has also a significant export value of palm oil. This paper will analyze Indonesias commitments related to sustainable palm oil management starting from the normative concept to the regulations made, as well as on the implementation aspects in several areas. This article can provide argumentative reasons for Indonesia to urge the European Union to accept Palm as a sustainable energy source. The results of this article show that Indonesia already has a normative framework for sustainable management of palm oil, but in the implementation aspect there are still some weaknesses that need to be evaluated.

Keywords
EU Palm Oil Ban; Sustainable Palm Oil; Government policy;

Topic
Maritime, Environment and international policy

Link: https://ifory.id/abstract/uDnRbrge7mVh


INTEGRATED DIGITAL LAND REGISTRATION
Liong, Abrar Saleng, Farida Patittingi, Kahar Lahae

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Corresponding Author
liong rahman

Institutions
University Hasanuddin

Abstract
This study is intended to answer the problem: Integrated Digital land registration in Indonesia, whether the implementation of land registration has been carried out digitally integrated, whether the rules regarding land registration are still relevant in integrated digital land registration, and how the ideal concept in the implementation of integrated digital land registration can be provide legal certainty of land rights. This empirical study was conducted in Jakarta, Special Capital Region of Jakarta, Yogyakarta, Makassar, Ambon and Papua, and the resource persons were representative officials at the Office of the Ministry of Agrarian Affairs and Spatial Planning / National Land Agency of the Republic of Indonesia, totaling 2 (two) people, Officers in the Regional Office of the National Land Agency of the Special Capital Region of Jakarta, as many as 2 (two) people, Representative Officers in the Regional Office of the Yogyakarta National Land Agency as many as 2 (two) people, Officers who are representative in the Regional Office of the National Land Agency of South Sulawesi 2 (two) persons, 2 (two) representative officials in the Maluku National Land Agency Regional Office, 2 (two) representative officials at the Papua National Land Agency Regional Office, 2 (two) people. From the results of this study indicate that the implementation of integrated digital land registration has not been carried out as it should, because the regulations regarding existing land registration do not regulate integrated digital land registration. The ideal concept in integrated digital land registration is to prepare legal instruments that regulate land registration that is done digitally integrated so that it can provide legal certainty over land rights.

Keywords
Land Registration, Digital, Integrated

Topic
Maritime, Environment and international policy

Link: https://ifory.id/abstract/yPnwJLHxrb7C


Issues concerning Investor-State Dispute Settlement and the Idea to Establish World Investment Court
Fadilla Jamila

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Corresponding Author
Fadilla Jamila

Institutions
Lecturer Asisstant, Law Faculty Hasanuddin University
fadillajamila[at]gmail.com

Abstract
Investor-State Dispute Settlement or known as ISDS is a settlement dispute system in the field of investment law which allows an investor to directly sue the host state before an arbitration tribunal. However, along the journey it has raised some controversial issues. This paper aimed to find out the weaknesses of the ISDS system and to analyse the proposed alternative solution to encounter the current system. The author used literature research to collect reliable and relevant information and data related to the concern topic. According to the research, the author found that the issues faced by ISDS consists of the lack of transparency, inconsistent decisions, issue on arbitrator-s independency and accountability, and it has been accused to impugn the host state-s sovereign right to regulate. The idea to find alternative for this settlement is raised in the form of World Investment Court (WIC). WIC is expected to bring reformation on the weaknesses of the current ISDS system and it is designed to have appeal mechanism, as the WTO Appellate Body, in order to correct error that may have taken in the first attempt and ensure that the court present the fair and correct decisions for both parties.

Keywords
Investment, ISDS, World Investment Court

Topic
Investment and Settlement Disputes

Link: https://ifory.id/abstract/efVTvBJgyM6z


LEGAL ANALYSIS OF SERIAL KILLERS CRIME
Ratnawati; A. Tenri Famauri; Wiwie Heriani; Habibul Quran; M. Yusuf A. Bustam

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Corresponding Author
Ratnawati Ratnawati

Institutions
Faculty of Law, Hasanuddin University

Abstract
Serial killers is a very troubling and harming many people becauses one-s life does not mean anything in front of the perpetrator, in fact, life is basic right for everyone. One of the most famous serial killer cases is Jack The Ripper case who has taken 440 people-s live. This incident can be influenced by various factor which come from external or internal factors from the inside. The problem aspect will be explore in this paper is what is the factors a person committed a crime?. This research is a socio-legal using statute and case approach, data collected then will analyzed qualitatively. The result of the research show that is enviromental factor and mental is two dominant its afecting someone to doing a serial killers

Keywords
Crime, Law Enforcement, Serial Killers

Topic
Human Rights

Link: https://ifory.id/abstract/rULmTe8VY4Q9


LEGAL ANALYSIS OF SUSTAINABILITY SOUTH SULAWESI COASTAL ISLANDS MANAGEMENT
Maskun, Farida Patittingi, Kahar Lahae, Hasbi Shidiq

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Corresponding Author
Maskun Maskun

Institutions
Faculty of Law, Hasanuddin University

Abstract
The Provincial Government of South Sulawesi has enacted legislation related to the Zoning Plan Of Coastal Areas and Small Islands (WP3K), which became the basis of spatial management WP3K in the province. It is also a mandate in the law which requires for each province to draw up the regional WP3K zoning plan. However, after the Regulation was passed, it was considered that it still left various problems, such as some areas of the mining of sea sand were considered detrimental to the ecosystem of the sea area. So that it received rejection from affected fishermen, besides that the rate of abrasion is considered to be increasing on the southern coast of Sulawesi which is the location of sea sand mining. This is also considered to threaten the preservation of the South Sulawesi coastal area. This paper will analyze the commitment of the Government of South Sulawesi in managing WP3K to be more fair and sustainable. It is expected that this paper will become a scientific argumentative proposition for the government to evaluate the regulations to be more fair and sustainable. The results of the article show that although the South Sulawesi region already has regulations related to WP3K, there are still some weaknesses that result in inequality in WP3K space management and threaten the preservation of marine ecosystems in South Sulawesi.

Keywords
Sustainability; Coastal Management; South Sulawesi;

Topic
Maritime, Environment and international policy

Link: https://ifory.id/abstract/vu76Lh2dqwXZ


Legal Analysis on Legal Vacuum in UNCLOS 1982 related to Offenses in the High Seas over the Exclusive Economic Zone Area
Wisnu Aryo Dewanto

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Corresponding Author
Wisnu Aryo Dewanto

Institutions
Universitas Surabaya Law Faculty

Abstract
Offenses in the high seas over the exclusive economic zone are increasing rapidly as violators take advantage of the legal vacuum in the region. 188 nautical miles of high seas and exclusive economic zones outside the territorial sea territories of coastal countries are no-mans-land. Article 55-58 jo. Article 87 UNCLOS 1982 created two different legal regimes in the same place. Above the surface of the sea water is declared as the high seas, while the water and natural resources below it follow the regime of the exclusive economic zone. There have been two major incidents in the region recently, namely the crashing of an Indonesian warship by a Vietnamese Government ship and the oil transshipment activities carried out by two foreign-flagged vessels. Violations committed on the high seas, according to UNCLOS 1982 in which the countrys military vessels can act, are limited to those set out in Articles 99 through 109. Beyond these articles the Indonesian Government has difficulty implementing its national legal rules because they have collided with the status of the high seas which the state cannot claim. This paper aims to analyze in depth the legal vacuum in UNCLOS 1982 and its impact on coastal countries.

Keywords
high seas, exclusive economic zones, offences, legal vacuum

Topic
Maritime, Environment and international policy

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


Legal Harmonization of Coastal and Marine Resources Management in Achieving the Welfare of Fishermen
Kahar, Farida Patittingi

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Corresponding Author
Kahar Kahar

Institutions
Faculty of Law Hasanuddin University-Makassar

Abstract
Indonesia as an archipelagic State with 2/3 of sea area of Indonesian territory has great potential of coastal and marine resources. However, the facts indicate that fishermen as one of the main stakeholders of resource utilization, most of whom still live below the poverty line, The research was conducted in 2 districts in South Sulawesi, namely Pangkep and Bone. It is an analytical-descriptive. The result of research shows that there is inconsistency between legislative regulations related to nomenclature of small fisherman. This has an impact on the distribution of aid to overlapping fishermen. Implementation of fishermen aid policy focused on fishermen groups or cooperatives, does not fully touch the category of laborers fisherman as the most vulnerable fishermen. The established fishermen groups are not operating properly, it allegedly the group was formed solely for the purpose of receiving aid. In addition, the implementation of local government policy is very strict in providing aid. Uncoordinated planning of inter-institutions may have an impact on the likelihood of overlapping aid.

Keywords
harmonization; natural resource law; coastal and marine; fishermen

Topic
Maritime, Environment and international policy

Link: https://ifory.id/abstract/3aAe7rZwGC8X


Legal Liabilities of All Parties In Financing Using Pawned Gold As Collateral Via Public And Privates Pawnshops In Indonesia
Fina Nazran, T.Keizerina Devi, Budiman Ginting, Hasyim Purba

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Corresponding Author
Fina nazran

Institutions
Universitas Sumatera Utara

Abstract
People-s economic difficulties today force them to need more budget to fulfill their life necessities. They can either apply for a loan to banks or other financial institutions. Due to its complicated procedures, difficult requirements, and particular collateral, pawn service becomes an alternative. The most frequently pawned goods is gold because it is a promising investment goods. The research problems by studying prevailing laws and regulations i.e. the Civil Code, POJK (Regulations concerning Financial Service Authority),and other regulations related to this pawn. This research is done in PT. Pegadaian (Persero) and PT. Budi Gadai Indonesia. The results of the research demonstrate that, regarding the legal liabilities of all parties in which there is a borrower i.e. the debtor and a pawn broker i.e. the creditor, all parties have equal rights and obligations that they have to fulfill in order to run the gold pawning process well without any obstacles. The legal liabilities for the gold in case it is pawned, lost, or broken, is that the creditor is responsible to compensate all loss that has been intentionally and unintentionally caused, since it is the responsibilities of creditor. Regarding the legal liabilities of the debtor, if the pawned goods are proven to be illegally possessed, the debtor has to be responsible for all loss endured by the real owner and the creditor who provided the financing.

Keywords
Gold Pawn, Gold as Collateral, Pawn Financing

Topic
Trade and Business

Link: https://ifory.id/abstract/aB8RrW6HfzQA


LEGAL PROTECTION OF TONGKONAN TRADITIONAL AREAS CONTAINED IN THE CULTURAL RESERVE AREA CULTURAL TOURIST OBJECT IN TORAJA
Sri Susyanti Nur

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Corresponding Author
Sri Susyanti Nur

Institutions
Faculty of Law Hasanuddin University

Abstract
The Cultural Heritage Area in the Tongkonan Kete Kesu area is an asset of North Toraja tourism which became the most receiving place for cultural tourists in 2017, so it was given the title "Most Popular Indigenous Village" at the 2017 Indonesian Charm Award event. Aluk Todolo culture, and the existence of traditional houses of Tongkonan, granary (alang), stone graves (liang) and graves in buildings (patane) have high cultural values that are still preserved in traditional life in the traditional area of Tongkonan Kete Kesu. This is the basis for the establishment of the Kete Kesu Tongkonan as a Cultural Heritage Area based on the Regulation of the Minister of Culture and Tourism Number: PM.09 / PW.007 / MKP / 2010, also designated as an area for the development of an environmentally friendly cultural and natural tourism industry, namely by developing the application of a variety of local cultural values in peoples lives (Article 6 paragraph (2c) of North Toraja Regency Regulation No. 12 of 2011 concerning Regional Spatial Planning 2011-2031). The stipulation of Tongkonan Kete Kesu Customary Area as a Cultural Heritage Area and as a Tourism Industry Development Zone, in terms of the aspect of Agrarian / Land Law requires Legal Certainty and Legal Protection of Indigenous Peoples and Tongkonan Indigenous Areas that are in the Cultural Heritage Area. This research method is Empirical Law by looking at facts / legal phenomena that occur in practice and actual events in society. This type of descriptive research is based on the aim to describe the Toraja indigenous people, the Tongkonan Indigenous Territory, the value of local wisdom in its preservation as a cultural tourism object that is in the area of cultural heritage. The research location was conducted in the Kete Kesu Cultural Heritage Area, located in Kesu District, North Toraja Regency. Research Results, that: 1) Tongkonan Kete Kesu Traditional Territory as a place for traditional / cultural life is based on the beliefs / cultural heritage of ancestors called aluk todolo or alukta. In the Tongkonan Indigenous area has a special field for the implementation of the Rambu Solo ritual, and there is also the Tongkonan Traditional House, Alang, Liang, Patene which are the wealth of the Indigenous People. 2) Conservation and maintenance of the environment of the Tongkonan Indigenous Area is an obligation for each member of the Indigenous Peoples based on the values of local wisdom and subject to adat sanctions for those who commit violations. 3) Utilization of the area of cultural heritage as a tourist attraction that brings economic value has not been synergized properly between the Provincial Government, Regional Government, related Agencies. Indigenous Peoples and Managers of the Foundation for Cultural Property Owners.

Keywords
Cultural Heritage Area, Protection, Tongkonan

Topic
Democracy, Constitution, and Globalization

Link: https://ifory.id/abstract/u2Y3PMv4CnZw


MANAGEMENT SYSTEM OF STATE CONFISCATED OBJECTS IN THE DISRUPTION ERA 4.0
Novendri M. Nggilu, Dian Ekawaty Ismail, Abdul Hamid Tome

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Corresponding Author
Novendri Mohamad Nggilu

Institutions
Fakultas Hukum Universitas Negeri Gorontalo

Abstract
The Criminal Procedure Code clearly states that the storage of state confiscated objects is stored in a state confiscated storage house. This provision is then derived into a number of implementing regulations and policies, one of which is a government regulation regarding the implementation of the criminal procedure code which confirms that in State Foreclosure Home Storage Objects (RUPBASAN) must be stored for evidence at the level of investigation, prosecution and examination in trial a court including booty based on the judges decision. This paper wants to answer the problem; 1) how is the management of state confiscated objects in Gorontalo Province, as well as how the management of state confiscated objects in the disruption era 4.0. The method used in this paper is a type of normative research with a statute approach, a case approach and a conceptual approach, with prescriptive analysis techniques. The results of the study found that the existence of State Foreclosure Home Storage Objects (RUPBASAN) which only contained 1 (one) in Gorontalo Province was still not in accordance with the mandate of the Ministerial regulation on Law and Human Rights which mandated RUPBASAN in each district/ city, even though there was a lot of evidence that had to be kept for the sake of law enforcement in Gorontalo. This condition causes many confiscated state objects kept by law enforcement agencies such as Gorontalo Regional Police, police stations and prosecutors both state and high prosecutors. A management system of state confiscated objects is needed, so that the state confiscated objects can be managed properly and will be able to maintain the quality of state confiscated objects. Evidence management system in the disruption era 4.0 that must be built is to utilize an integrated website-based system, called the Evidence Management System (SABUK) which the user of this system is RUPBASAN, which is to be leading sector and authority holder in managing evidence and being integrated with an inventory, storage and management of state confiscated objects in every law enforcement agency that stores state confiscated objects for the purpose of investigation, prosecution and examination in court.

Keywords
Management system; State Confiscated Objects; Disruption 4.0

Topic
Human Rights

Link: https://ifory.id/abstract/jm9d7h4gwXzD


Marriage Agreement After The Ruling Of The Constitutional Court , Human Rights Perspective
Nurulmiqat, Anwar Borahima, Farida Patittingi, Hasbir

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Corresponding Author
Nurul Miqat

Institutions
Fakultas Hukum Unhas

Abstract
In Indonesia Marriage Law is accomodated into Law No. 1 of 1974 Concerning marriage, All Provisions concerning marriage shall be governed there in, the en actment of such provision, resulting in any provisions concerning marriage which have been imposed by some previous laws, shall be deemed invalid , in accordance with the lex posterior legi priori principle, no exception , concerning property of husband and wife in the matter of wealth management, marriage law provides space for marriage couple to make an agreement an allotment of marriage property, has been determined by law of marriage 1974 that. Every prospective bride , will be marriage men and women are allowed to make a marriage agreement, before the marriage or at the time on going branding, the vardict of the Constitutional Court No 69 PUU/XIII/2015 make a new decition by giving more space to the married couple. That marriage agreement can be made in marriage. This reserach is normative juridical reserach which is legal research conducted by examining library materials, secondary data asa basic material to be investigated by searching the regulations and literature relating to the problem under study

Keywords
Marriage agreement, human rights

Topic
Human Rights

Link: https://ifory.id/abstract/GzJLbBrCHnA7


Obligation to Build Plasma Plantation and Corporate Social Responsibility Program in Palm Oil Plantation Companies as an Effort to Minimize Land Disputes
Rika Novalina1; Runtung2; Syafruddin Kalo2; Edy Ikhsan2

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Corresponding Author
Rika Novalina

Institutions
1) Doctoral Candidate, Faculty of Law, Universitas Sumatera Utara, Jalan Universitas No. 4, Medan 20155, Indonesia
notarisppat.rikanovalina[at]gmail.com
2) Lecturer at Faculty of Law, Universitas Sumatera Utara, Jalan Universitas No. 4, Medan 20155, Indonesia

Abstract
This paper tries to examine the extent to which the obligation to build plasma plantations and CSR obligations of plantation companies can minimize land disputes that occur in the communities surrounding the oil palm plantation companies. The Government of Indonesia has obliged every oil palm plantation company to develop plasma plantations which are destined to surrounding communities or indigenous peoples based on the Minister of Agriculture Regulation No. 98 of 2013 concerning Guidelines for Plantation Business Licensing, in Article 15 paragraph (1) that plasma plantation land is granted 20% of the Plantation Business Permit (IUP). In addition, the government requires companies engaged in the field of natural resources to carry out Corporate Social Responsibility based on Article 74 of Law No. 40 of 2007 concerning Limited Liability Companies. Both of these regulations require companies to carry out activities that benefit the communities surrounding the plantation companies. In fact, there are still problems, such as the Minister of Agrarian Regulation and Spatial Planning RI No. 7 of 2017 concerning Arrangements and Procedures for Determination of Cultivation Rights, that plasma plantations which must be submitted to the community are “at least” 20% of the planted land, there are fundamental differences. The problem is whether the obligation to carry out plasma plantation development and CSR programs can minimize the occurrence of land disputes around the plantation operated.

Keywords
Plasma Plantation; Corporate Social Responsibility; Minimize Disputes

Topic
Trade and Business

Link: https://ifory.id/abstract/jpD3WCxwYnNe


OPTIMIZATION OF FORMATION OF REGIONAL REGULATIONS IN THE IMPLEMENTATION OF REGIONAL GOVERNMENTS WHICH ARE SPECIFICALLY REVIEWED FROM THE PERSPECTIVE OF LAW
(1) Martinus Guntur Ohoiwutun, (2) Prof. Dr. Marthen Arie, S.H., M.H., (3) Prof. Dr. Achmad Ruslan, S.H., M.H (4) Dr. Zulkifli Aspan, S.H., M.H.

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Corresponding Author
Martinus Guntur Ohoiwutun

Institutions
Faculty of Law Hasanuddin University

Abstract
The formation of laws and regulations is the basis for the implementation of regional government that is special in nature, carried out by the establishment of good specific regional regulations. The formation of laws and regulations in this case special regional regulations can implement functions that become special government affairs. The method used in this study is a normative juridical approach to statute approach, conceptual approach, historical approach, comparative legal approach. Formation of special regional regulations, although based on specific laws and regulations, can override general laws and regulations, but in the formation of special regional regulations they are contrary to higher regulations or are not in accordance with the type and hierarchy of laws as regulated in the Act Number 12 of 2011 concerning Formation of Laws and Regulations.

Keywords
Formation of Legislation; Special Regional Regulations; Special Regional Government

Topic
Governance and Anti-Corruption

Link: https://ifory.id/abstract/eVuvr4xUZpwf


PERMIT IN MANAGEMENT OF NATURAL RESOURCES FROM AN ENVIRONMENTAL PERSPECTIVE
Anshori Ilyas, Muhammad Ilham Arisaputra, Dian Utami Mas Bakar, Ariani Arifin

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Corresponding Author
Muhammad Ilham Arisaputra

Institutions
Law Faculty Hasanuddin University

Abstract
Regulations in the field of natural resource management are now numerous and quite comprehensive. Some of the regulations have also outlined permits that can be carried out in terms of natural resource management in various sectoral fields. The instrument of permission in managing natural resources is one of the concrete forms of the states right to control natural resources. A permit is an instrument of natural resource management as well as a mechanism of government control through the conditions of the license that it determines. In the context of licensing natural resource management activities, EIA (Environmental Impact Analysis) will be a specific benchmark specifically related to the follow-up of the permit. For this reason, EIAs for each type of natural resource management activity will have different scientific analyzes.

Keywords
Management, Natural Resources, Permits, Sustainable Development

Topic
Democracy, Constitution, and Globalization

Link: https://ifory.id/abstract/YWMnGkmHD8PJ


POVERTY ALLEVIATION OF AGRICULTURAL COMMUNITIES BY DEPARTMENT OF AGRICULTURE THROUGH COLLABORATIVE GOVERNANCE IN SUKABUMI DISTRICT, WEST JAVA PROVINCE, INDONESIA
(1) Juliati Prihatini, (2) Baiq Aprimawati

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Corresponding Author
Juliati Prihatini

Institutions
IPDN (The Government Institue of Home Affairs)

Abstract
Poverty is a major problem of development. It is often found in developing countries, including Indonesia. Sukabumi Regency, West Java has a population of 1,164,018 people. Of these, there are 309,785 agricultural households, where the number of small farmers who have agricultural area less than 0.5 hectares, counting 244,688 households. The farmer-s income cannot sufficient the needs of their family, because it is far below the UMK (Regency Minimum Wage). The study is trying to discover the role of Agriculture Department in poverty alleviation of farming communities through collaborative governance in Sukabumi District. Descriptive qualitative and data collections such as observation and interview were used in the research. It is involved 21 people. The research showed that to overcome the decreasing poverty number, Department of Agriculture has carried out programs and policies, namely agricultural counseling by Field Agricultural Instructors (PPL), seed supply, education and training for PPL on the importance of developing the human resources so that the poverty rate of the farming community in Sukabumi is reduced. Collaborative governance is carried out not only between the Government of Sukabumi Regency and the private sector, but also with the farmers communities in agricultural products marketing, but this has not been optimal. The research recommendation is the active role of the Sukabumi Government, specifically Agriculture Food Crops Department to reduce poverty in the agricultural community.

Keywords
poverty alleviation, collaborative governance, farmer-s welfare

Topic
Governance and Anti-Corruption

Link: https://ifory.id/abstract/FbjvyzE6gmuK


Prevention of Adolescent Sexual Crimes Involves Community Elements of the West Papua Indigenous Council and the Police
Hadi Tuasikal, Musakkir, Muhadar, Syamsuddin Muchtar

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Corresponding Author
Hadi Tuasikal

Institutions
PhD Program, Faculty of Law Hasanuddin University

Abstract
In the prevention of sexual crimes, it has been identified several constraints in tackling adolescent sexual crime. The objective of this research is to identify obstacles faced by the Police of the State of the Republic of Indonesia and the Adat Community Council of West Papua in the prevention of crimes of sexual on among teenagers in West Papua. The type of research is normative-empirical. It apples statute approach. The data will be analysed qualitatively to solve the the main problems of adolescent sexual crime.

Keywords
Combating Adolescent Sexual Crime, Adat Community Council of West Papua, police

Topic
Investment and Settlement Disputes

Link: https://ifory.id/abstract/gMCjGDmrJb2R


PROBLEMS ARISING IN WELL-KNOWN TRADEMARK LICENSING AGREEMENTS IN INDONESIA
Dr. Agung Sujatmiko, SH., MH.

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Corresponding Author
agung sujatmiko

Institutions
Universitas Airlangga

Abstract
PROBLEMS ARISING IN WELL-KNOWN TRADEMARK LICENSING AGREEMENTS IN INDONESIA Dr. Agung Sujatmiko, SH., MH. Department of Private Law - Faculty of Law – Airlangga University, Surabaya - Indonesia [email protected] [email protected] Keywords: agreement, license, trademark, problems. Theme :Trade and Business Presentation Preference : oral ABSTRACT Well-known trademark licensing agreements constitute a means of taking advantage of the trademark owner-s economic rights. To avoid problems that may arise in the future, the parties shall draw up and execute an agreement with full honesty and in good faith. The principle of honesty requires the parties to comply with and obey the agreement, while the principle of good faith requires the parties to execute the agreement in good faith, as the basis for executing the agreement. When these principles are not put into practice properly, it may result in some problems that cause a party to sue another party since their rights are harmed. The agreement is legally binding upon the parties in accordance with the principle of pacta sun servanda, meaning that an agreement shall apply as a law for those who draw it up. Violating the agreement means that the parties deny the agreement. They violate the law indirectly. Thus, a right formula should be sought in a licensing agreement for well-known trademarks in order to prevent the parties from suffering a loss due to a dispute. However, both the licensor as the trademark owner and the licensee have an equal position. Both have a significant role in the execution of the agreement. On that basis, a win-win solution should be sought in case of problems.This research is very useful to support licensing agreement, trade and business.

Keywords
agreement, license, trademark, problems.

Topic
Trade and Business

Link: https://ifory.id/abstract/LJWuNV3XTEHv


Raising Legal Awareness for Out-of-School Children in Kampung Paropo through Non-Formal Legal Education
Eka Merdekawati Djafar, Kevin, Andi Nurul Azizah, Syawirah M, Riska Apriana, Ayu Lestari Indah

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Corresponding Author
Eka Merdekawati Djafar

Institutions
Faculty of Law Hasanuddin University

Abstract
Abstract. With regard to the right to an education for each citizen as regulated in the article 31 section (1) of the 1945 Constitution of the Republic of Indonesia, it is the state responsibility to provide educational access for the citizen. Education is the accurate facility for improving the quality of human resources and promoting appropriate and critical mindset in addressing the issues within the local, national and transnational life. 20% of National Budgetary Plan is allocated to educational sector. However, this effort is still unable to solve the Indonesian educational issues. This study employed a qualitative method. The data were collected through in-depth structured interview, legal education program and documentation. The collected data were analyzed with descriptive qualitative analysis. The results showed that there were several influencing factors promoting the large number of out-of-school children in Kampung Paropo, Makassar including low financial capacity and lack of parental care which consequently, contributed to the increasing criminality such as violent robbery, thievery, and drug abuse among the out-of-school children. Therefore, it is necessary to provide accurate effort in anticipating the increasing criminality among the out-of-school children and in encouraging their legal awareness. Non-formal legal education was to be an accurate strategy in raising legal awareness and in instilling moral values among the out-of-school children in Kampung Paropo, Makassar.

Keywords
Legal Awareness Raising, Legal Education, Out-of-School Children, Non-Formal Education.

Topic
Human Rights

Link: https://ifory.id/abstract/qRDLChj9bPvB


Regional Regulations Review In Realizing Democratic Regional Government: A Conceptual Approach
Dr. Andi Bau Inggit, Prof. Achmad Ruslan

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Corresponding Author
Andi Bau Inggit

Institutions
Faculty of law Hasanuddin University

Abstract
Quality regional regulations mean that the legal product is subject to material and technical preparation in accordance with the provisions of the legislation, can solve problems and answer the needs of the community. A good regional regulation should reflect philosophical aspects related to justice, sociological principles related to the expectation that the regional regulation formed is the desire of the local community, and juridical is related to ensuring legal certainty. One of the controls on regional regulations is the testing of Regional Regulations conducted by judicial review or executive review, or legislative review. The problem is that there are many local regulations that are no longer relevant to current regulations and conditions, conflict with one another, and several other problems in the administration of regional government. The research method used is the normative research method, with a conceptual approach. The absence of the concept of testing local regulations in the implementation of democratic regional government to become a standard testing regional regulations, as a form of supervision of the formation of local regulations. Formers of Regional Regulations namely regional governments together with the DPRD pay less attention to regional conditions and higher regulatory provisions in the process of forming Regional Regulations, in addition, the central government in forming policies related to regional regulations testing does not stipulate provisions that explicitly regulate who any subject / the institution authorized to test regional regulations in order to create good laws and regulations, so that if these conditions continue to occur, it will lead to the implementation of undemocratic local government, therefore it is necessary to test the ideal concept of regional regulations in the implementation of local government that is democratic.

Keywords
Concept of Testing, Regional Regulation, Democratic

Topic
Democracy, Constitution, and Globalization

Link: https://ifory.id/abstract/dAZfFRGJkPY2


REGULATION AND THE EFFORTS TO PREVENT CORAL REEF DAMAGE IN INDONESIA
Abd. Asis; Slamet Sampurno S.; Amir Ilyas; Kadarudin; Siti Isti Dwi Pratiwi; Ervinadia Ghita Syahfitri

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Corresponding Author
Kadarudin Kadarudin

Institutions
Faculty of Law, Hasanuddin University

Abstract
Coral reefs are one of the most productive and richest ecosystems on earth. Coral reefs provide enormous benefits for millions of coastal communities. However, coral reefs face a range of threats including overfishing, coastal development, damage due to shipping lines. The problem that will be discussed in this paper is how regulations in Indonesia regulate and protect coral reefs? and how to prevent damage to coral reefs caused by humans?. This research is normative legal research, using a statutory approach and case approach. The collected data were analyzed qualitatively, then described to answer the problems in this study. The results showed that Indonesia already has several national regulations governing and protecting coral reefs in Indonesia. as an implementation of these various rules, the Indonesian government has launched a coral reef rescue program, also known as the "Coral Reef Rehabilitation and Management Program". In its implementation the program is realized in 5 components of activities, while the form of prevention to protect the condition of coral reefs from the influence of nature or human activities, is done by (1) prevention and control of pollution; (2) prevention and control of coral mining; and/or (3) determination of Conservation Areas

Keywords
coral reef, damage, Indonesia, prevention efforts, regulations

Topic
Maritime, Environment and international policy

Link: https://ifory.id/abstract/ZYb4kRUd7P9t


RESPONSIBILITIES OF AUTOMATED TELLER MACHINE (ATM) PROVIDERS FOR BANK CUSTOMERSS LOSS
Andi Kurniawati

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Corresponding Author
Andi Kurniawati

Institutions
Universitas Hasanuddin

Abstract
This study aims to describe the responsibilities of banks and ATM service providers for bank customer losses for losses caused by the use of an Automated Teller Machine (ATM). It is known that the use of ATMs often causes problems that result in losses suffered by customers as ATM users. This study uses data collection techniques through interviews and questionnaires to the parties involved in this discussion. The data obtained were analyzed qualitatively then presented descriptively. The results of this study indicate that the responsibility of banks and ATM service providers for losses of bank users of ATM users is based on the legal relationship arising between the two. The relationship between ATM service providers and bank customers is indirect. The bank as an intermediary is responsible for customer losses resulting from the use of ATMs.

Keywords
Responsibilities, Automated Teller Machine, Bank Consumers

Topic
Trade and Business

Link: https://ifory.id/abstract/hfmvr7guxXdE


RESPONSIBILITIES OF FINANCIAL TECHNOLOGY COMPANIES TO USER LOSS IN PEER TO PEER (LENDING)
Andi Kurniawati 1 Amaliyah2

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Corresponding Author
Andi Kurniawati

Institutions
Universitas Hasanuddin

Abstract
This paper aims to reduce the problems of financial technology companies (Fintech) that are developing in Indonesia, especially in peer to peer (P2P) Lending services. The 4.0 industrial revolution in the economy was marked by the existence of various information technology services that made it easy for the public to develop their business, especially micro small and medium enterprises (MSMEs) by using one of the financial technology services namely, peer to peer lending services. This financial technology company, which is engaged in peer to peer lending, acts as a provider of information technology services that brings together lenders (Investors) and loan recipients (Borrowers) in the network (Online). In practice, in this peer to peer lending service, found many problems that can harm investors and loan recipients as users of financial technology companies. This research uses normative research methods by taking a legislative, case, and conceptual approach. The results showed that the financial technology company is an information technology company, not a Financial Institution so that the Financial Services Authority (OJK) as a regulator cannot be held liable in the event of user harm. The absence of regulations governing financial technology companies results in a lack of legal protection for users who suffer losses.

Keywords
Responsibilities, Financial Technology, Peer to Peer (P2P) Lending

Topic
Trade and Business

Link: https://ifory.id/abstract/ArU8f6T3Q9V2


RESTORATIVE JUSTICE APPROACH TO HANDLING DEFAMATION CRIME THROUGH SOCIAL MEDIA
Andi Muhammad Aswin Anas

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Corresponding Author
Andi Muhammad Aswin Anas

Institutions
Procedural Law Department, Faculty of Law, Hasanuddin University

Abstract
One of the principles of restorative justice is to seek peace outside the court by perpetrators of criminal acts against victims of criminal acts. Legal issues discussed are, restorative justice approach to handling defamation crime through social media. Restorative justice approach exists to provide space as an alternative to resolving criminal cases, involving direct participation of victims and perpetrators. Criminal provisions regarding defamation through social media are regulated in Act Number 19 of 2016 concerning Amendment to Act Number 11 of 2008 concerning Information and Electronic Transactions, regulating the threat of criminal defamation through social media is threatened with the maximum imprisonment 4 (four) years and / or a maximum fine of Rp750,000,000.00 (seven hundred fifty million rupiah). Defamation crime is legal action by complaint, that can be end faster because the victims revoke the complaints . Revocation happened because there is victim-offender mediation between perpetrators of criminal acts against victims of criminal acts . Victim-offender mediation is done by emphasizing the establishment of good relations between the parties, respecting social / customary legal norms and meeting the principles of justice, and there has been a peace agreement by the parties.

Keywords
restorative justice; defamation crime; social media

Topic
Democracy, Constitution, and Globalization

Link: https://ifory.id/abstract/ExudBH2D9bYR


Review of Regulatory Policies (Beleidsregels) Concerning a Nature of Legislation in Indonesia
Arini Nur Annisa

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Corresponding Author
ARINI NUR ANNISA

Institutions
Faculty of Law Hasanuddin University

Abstract
Review of Regulatory Policies (Beleidsregels) Concerning a Nature of Legislation in Indonesia Arini Nur Annisa Faculty of Law Hasanuddin University [email protected] ABSTRACT The concept of regulatory policies has similarities with regulatory provisions. Thus, it creates obscurity concerning the substances of regulatory policies.This study aims to analyze the status of regulatory policies which concern a nature of legislation in Indonesia and describe review form of the regulatory policy (beleidsregels).This research is juridicial normative study involving a collection of data through library research seeking for primary and secondary data to be presented in descriptive qualitative way. The study indicates that the role regulatory policy (beleidsregels) having a nature of legislation can be categorized as material regulatory policy based on the marking aspect of content/substance taken from discretionary principle without authority delegation and regulative in nature, and regulatory nomenclature application. The regulatory law examination format containing regulation of law throught judicial review is able to apply by rejection to the material trial appeal because the object of the appeal is a policy product. The method of regulatory policy executive to nullify the policy i.e.minister,governor, the head of regency. Furthermore, mayor through the issuance of a decree indicating a clarification of improvement or editorial moditification of procedure or content and annulment of the policy so as to be no longer effective. A consistency is required to classify the character of the regulatory policy and legislation so that a clear view in producing appropriate policy. Keywords: Regulatory Provisions, Regulatory Policies, Regulatory Review

Keywords
Regulatory Provisions, Regulatory Policies, Regulatory Review

Topic
Democracy, Constitution, and Globalization

Link: https://ifory.id/abstract/Zv6B8bReTNpz


Right to Work and Employment: Exclusion and Disadvantages Experienced by People with Disabilities
Mutiah Wenda Juniar

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Corresponding Author
Mutiah Wenda Juniar

Institutions
Universitas Hasanuddin

Abstract
This research aims to find out the exclusions and disadvantages experienced by people with disability in developed and developing countries and to find out whether the obligation of CRPD related to right to work and employment are unrealistically high, lacking in clarity and unlikely to drive helpful reform. This research evaluated whether developed and developing countries are in the same position where person with disabilities in those two different worlds still experience exclusion and disadvantages and whether the requirements in CRPD to states parties in ensuring the right to work and employment are unrealistically high, lacking in clarity and unlikely to drive helpful reform. In order to obtain the result, the author used literature research method which analyse literatures, regulations and other documents related to the research. This research shows that it is true disabled person both in developed and developing countries still experience disadvantages and exclusion. Mostly, the disadvantages and exclusion that exist in both two different worlds are the lack of regulation about reasonable accommodation, dismissal and discrimination to certain type of disabilities. The obligation to ensure the right to employment and work might be quite complex but not unrealistically high. The unclear provision of reasonable accommodation in CRPD is true but does not mean all the demands regarding employment and work are unclear and does not drives a helpful reform

Keywords
Right to work and employment, People with Disability, Exclusion and Disadvantages

Topic
Human Rights

Link: https://ifory.id/abstract/Ht3E2GvzKAj9


RISK MANAGEMENT IN FINTECH LENDING
Trisadini Prasastinah Usanti, Anindya Prastiwi Setiawati, Nur Utari Setiawati

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Corresponding Author
Trisadini Usanti

Institutions
Departement of Private Law
Faculty of Law - Airlangga University
Jl. Darmawangsa Dalam Selatan, Indonesia. 60286

Abstract
In this global era, fintech offers a fast and easy lending service for people anytime. However, the easy process can cause various problems such as late payment and default in payment. Fintech will suffer from those risks and it can jeopardise the business. Moreover, most of the platforms do not ask for collateral as a requirement. So, in this article, the authors will discuss how fintech should manage their risks in lending using statute and conceptual approach. The results show that fintech should adopt the 5Cs credit analysis (character, capital, capacity, collateral, condition) as a way to minimise their risks. The Financial Services Authority (OJK) has not regulated risk management for fintech. Thus, fintech should follow the existing model from banking institution to manage their risks.

Keywords
management, finance risk, fintech lending

Topic
Trade and Business

Link: https://ifory.id/abstract/WjdGZR729fED


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