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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 3 (data 61 to 84 of 84) | Displayed ini 30 data/page

Rule of Evidence towards Crimes Related to Cryptocurrencies: How Should It be Formulated?
Peter Jeremiah Setiawan

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Corresponding Author
Peter Jeremiah Setiawan

Institutions
University of Surabaya (UBAYA)

Abstract
Cryptocurrencies on the basis of the blockchain technology are characterized by pseudonymity, peer-to-peer transactions, and distributed ledgers. These characteristics place cryptocurrency in vulnerability to be misused in financial crimes. Overcoming such crimes requires a responsive law enforcement system, which is able to reduce the vulnerabilities of the technological developments, including the formulation of advanced rule of evidence. The advanced rules of evidence which are formulated appropriately, are not only able to produce the truth, but also relevant-material, competent and sufficient evidences base, or even able to prevent financial crimes. These rules of evidence must evolve from the paradigm of measures on digital evidence to the paradigm of measures on crypto evidence. This paper aims to analyze the formulation of the rules of crypto evidence dealing with financial crime, which consists of four rules. First, rules to support the crypto evidence before crimes occurred, such as the rules about customer due diligence, record keeping and reporting suspicious transaction for related party. Second, rules about the authorities and infrastructure related to the crypto evidence. Third, rules about how to obtain and preserve the crypto evidence, encompassing the preservation of crypto evidence integrity and its chain of custody. Fourth, the rules about how crypto evidence could be considered in criminal proceedings, particularly the rules regarding the admisibility of crypto evidence by the court to proving crime facts.

Keywords
financial crime, cryptocurrency, rule of evidence, crypto evidence

Topic
Trade and Business

Link: https://ifory.id/abstract/9WYmXv8x4MLf


Sexuality and Human Right: Considering Islamic Concepts for The Consensual Sexual Rights
Dr. Susi Susilawati, SHI., MH.

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Corresponding Author
Susi Susilawati

Institutions
UNTAD = Universitas Tadulako

Abstract
The word sexuality here is meant as the right to have consensual sexual relations. This right is a part of human rights. Its a one part of the Sexual and Health Reproduction Rights (SHRR). However, the defenition of consensual sexual rights here includes both marital and non-marital sexual fulfillment. For marital sexual fulfillment, there are relatively no significant problems. But not like that with the other one. This contains serious controversy and big problem. Especially in the perspective of religion sights. Caused by diametral. Mainly Islam and Christianity. This is a very serious matter. Because will confront the absolute and universal human rights concept vis a vis religion which by its adherents is also accepted as an absolute and universal doctrine. Efforts to reconcile these two perspectives are very important. However difficult and controversial to do it. This paper will attempt to analyze, discover and present new interpretations on Islamic Perspective that more compatible and relevan to the Human right principles particularly concerning with the Sexuality Consensual Rights.

Keywords
Sexuality, The Human Rights and Islamic Consept

Topic
Human Rights

Link: https://ifory.id/abstract/FaGPQ4xJpA8k


STATE RESPONSIBILITY FOR FOOD SAFETY AT TRADITIONAL MARKETS AS THE PROTECTION OF CONSUMER RIGHTS
Flora P.Kalalo (1) , Kathleen C.Pontoh (2), and Jovanka E. Item (3)

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Corresponding Author
Flora Pricilla Kalalo

Institutions
Faculty of Hukum Sam Ratulangi University

Abstract
Food safety is the most of the main basic human needs and its fulfillment is human rights as a commitment of International Covenant on Economic, Social and Cultural Rights the part of Fundamentals of Human Rights and The Universal Declaration of Human Rights. Food safety is a element to supporting the society health have an important role for the development of the country. In developing countries economy and education of the citizens not equivalent with the developed countries, food security is neglected. From the economic side, traditional markets in developing countries is very popular, to be a driving force for economic growth and it also facination for the society in developing country, on the other hand the traditional markets have an important in providing safe food. The suplay chain of safe food influence by the existence of businesses, begin from producer of fresh food up to the seller and personnel of management traditional markets. The research method used is legal research using a statutory and conceptual approach. The society as a consumer entitled to have safe food as one of the four main consumer rights in consuming food (goods). Considering the magnitude of the dependence of the society towards the traditional markets to have fresh food, the control of traditional markets management is very urgent to do.

Keywords
State responsibility, food safety, traditional markets, consumer rights.

Topic
Human Rights

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


States Responsibility in the Fulfillment of Indigenous People Traditional Rights as an Efforts to Uphold Human Rights in Indonesia
Anti Mayastuti(a*), Luthfiyah Trini Hastuti(a), Rima Sumiar Achrima(b)

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Corresponding Author
Anti Mayastuti

Institutions
a) Lector in Department of Law and Society, Faculty of Law, Sebelas Maret University, Indonesia. *antimayastuti[at]staff.uns.ac.id;
b) Undergraduate Student in the Faculty of Law, Sebelas Maret University, Indonesia

Abstract
As technology advanced and rapid globalization entering Indonesia, the issue of indigenous people which often dubbed as outdated become increasingly neglected and overlooked. Even though formally juridical recognition of indigenous people existence along with their rights have been listed in various sectoral laws, in reality indigenous people still remain becoming a marginalized group in every decision making, both made by state or other stakeholders. This condition causes a lot of the indigenous people to live with the burden of prolonged discrimination, and isolated from access to their own land with its abundant natural resources. Often time, indigenous people are even alienated from their own cultural, economic and religious systems. The conditions mentioned above have actually shown that violations of indigenous people rights occur in almost all fields, including the human rights field. In the perspective of human rights, states recognition and acknowledgement of indigenous people existence and their inherent rights, means that state is obliged to guarantee and fulfill civil political, economic and cultural rights of indigenous people. State responsibility does not merely lie in the formulation of human rights in the constitution and sectoral laws, but also oversees and supervises its implementation. The fact that violations of indigenous people rights still occurring to this day, shows that state is still negligent in carrying out its obligations as the highest entity of human rights protector.

Keywords
State Responsibility; Indigenous People Rights; Human Rights

Topic
Human Rights

Link: https://ifory.id/abstract/p83gLUDFYxyM


SYNCHRONIZING OF THE REGIONAL BOUNDARY DISPUTE RESOLUTION
Naswar, Aminuddin Ilmar, Achmad, Maskun

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Corresponding Author
Naswar Naswar

Institutions
Faculty of Law, Hasanuddin University

Abstract
The emergence of regional boundary conflicts is triggered by an unplanned regional expansion policy. It is because the process of regional expansion is much influenced by political interests. In the context of the regional expansion, aspects of territoriality has been required in the Law 22 of 1999, the Law No. 32 of 2004 as well as the Law No. 23 of 2014 on the Regional Government. In terms of this, the regional expansion must be clear boundaries of its territory. Besides the three laws as mentioned, the regional expansion still refer to the Government Decree No. 78 of 2007 on Procedures for the Establishment, Abolition, and the Merger of the Regional designated as the implementation of the Law No. 32 of 2004. However, the Government Decree also do not set the technicalities of determining the boundary region. Therefore, this conditions then encourage the issuance of policies affirmation of boundary area through the Ministry of Internal Affairs Decree No. 1 of 2006 which has been replaced by the Ministry of Internal Affairs Decree No. 76 of 2012, then replaced again with the Ministry of Internal Affairs Decree No. 141 of 2017 concerning Affirmation of Regional Boundaries.

Keywords
The Regional Expansion, Dispute Resolution

Topic
Governance and Anti-Corruption

Link: https://ifory.id/abstract/Yxuk9yHXAPB4


THE CONVERGENCE OF PATENT RIGHTS AND RIGHT TO PUBLIC HEALTH : THE CHALLENGES OF IMPROVING ACCESS TO PATENTED MEDICINES IN INDUSTRIAL REVOLUTION 4.0
Mas Rahmah

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Corresponding Author
Mas Rahmah

Institutions
Faculty of Law, Universitas Airlangga
Jalan Darmawangsa Dalam Selatan Surabaya 60286

Abstract
The exclusive right of Patent on medicines provides legalized monopolies for the holders that allows them to control and drive up the price of patented medicines. Evidently, this situation has blocked poor people access to essential medicines contributing to public health problems. This paper highlights that conflict between the effect of patent right and public access to medicines has raised pressing questions about the importance of convergence of patent rights and the right to public health. The paper also acknowledges the challenges of improving access to patented medicines in the era of industrial revolution 4.0. To address these problems, this paper has objective to formulate the scheme of converging the patent right and patient right, particularly for improving access to patented medicines. To ensure the right to public health, this paper suggests the alternative schemes of revitalizing TRIPS (Trade Related Aspects of Intellectual Property Rights) flexibilities such as compulsory licensing and parallel importation and other mechanism of balancing patent rights. The result of this study also recommends that the charity philanthropic donations of medicines and financial aids should be accompanied by other practical mechanisms such as building health capacity, technology transfer, public-private partnership, discounted drug or differential pricing, in order to ensure medicines available and accessible to those in need.

Keywords
patent, exclusive right, right to health, public health, patented medicines

Topic
Human Rights

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


THE DIVERSITY OF HARMONIZATION BETWEEN WEST LAW AND INDIGENOUS LAW IN THE PLURALITY OF INDIGENOUS PEOPLES IN INDONESIA
Dr. Hari Purwadi, S.H., M.Hum., Siti Muslimah, S.H., M.H., Anti Mayastuti, S.H., M.H., Aprila Nariswari

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Corresponding Author
Hari Purwadi

Institutions
Universitas Sebelas Maret (UNS), Surakarta 57126, Indonesia

Abstract
ABSTRACT Indonesian law (national law) since independence explain it-s character of a mixed legal system. The mixed legal system makes national law form layers. The elements of layers are composed of Western law, customary law (indigenous law) and Islamic law. Western law, especially civil law tradition is the dominant element, while customary law occupies a servient layer in which also competes with Islamic law in certain societies and Hindu law in other societies. In relation to the plurality of Indonesian indigenous people who have a variety of customary law, the occurrence of a meeting between customary law and Western law hypothetically explains the inequality with the meeting, competition, and mixing of legal traditions in countries whose societies tend to be homogeneous. The focus of this paper is to analyze the form of meetings, competition, or mixing between legal traditions with some examples that occur in the indigenous peoples of Bali, Padang Pariaman, and Aceh. The research method used can be classified in comparative law research because it analyzed competition among several legal traditions. The results explained that there was no similarity or variance in the mixing of legal traditions that met and competed. At least, among the customary law communities of Bali, Padang Pariaman, and Aceh there are differences in the mixing of legal traditions.

Keywords
Mixed Legal System, Harmonization, Indigenous People

Topic
Democracy, Constitution, and Globalization

Link: https://ifory.id/abstract/VMjFCeDd9qyP


THE EXISTENCE OF ARBITRATION INSTITUTIONS AS A PLACE OF SETTLEMENT THE INVESTMENT DISPUTES AND THE IMPLICATIONS TO PROVIDE LEGAL CERTAINTY IN INVESTING
Sentosa Sembiring

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Corresponding Author
Sentosa Sembiring

Institutions
Lecturer Faculty of Law Parahyangan Catholic University (UNPAR) Bandung

Abstract
In the investment law literature explained, in general investors choose an arbitration institution as a place to resolve investment disputes. Based on the reason that investors do not know in detail about the court system in the country where he is investing. Arbitration institutions are chosen assuming these institutions are independent. In Indonesia the Arbitration Institution is regulated in Law Number 30 of 1999 Concerning Arbitration and Alternative Dispute Resolution. In the legal system in Indonesia, investment disputes provide an alternative for investors in determining the choice of where to resolve investment disputes. In Law Number 25 Year 2007 Concerning Investment, explicitly explained the arbitration institution as an institution for resolving investment disputes between the state and investors. When viewed normatively, investment dispute resolution is not an obstacle. However, if the provisions of the arbitration law are further studied, it can cause uncertainty for investors in implementing the arbitration decision, because it does not necessarily allow for an arbitration decision. There must be approval from the Supreme Court. This certainly can lead to legal uncertainty for investors in carrying out investment.

Keywords
Arbitration, Investment dispute, Legal certainty

Topic
Investment and Settlement Disputes

Link: https://ifory.id/abstract/rFEgPhvV7kjC


The Existence of Believers of Aluk Todolo Toraja Post the Decision of Constitutional Court No. 97/PUU-XIV/2016
Amaliyah1); Aditya Spadiya Putra2); Fadya Indira Alfatih3); Fifi Efrilia Defi4)

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Corresponding Author
Amaliyah Amaliyah

Institutions
Faculty of Law, Hasanuddin University

Abstract
Normatively juridical, Indonesia only recognized the six religions, namely Islam, Christianity, Catholicism, Hinduism, Buddhism and Confucianism. For the sake of administrative interests, belief adherents are forced to fill in other religious columns in their Identity Card (KTP) and Family Card (KK). Aluk Todolo is one of the faiths that is under the auspices of other religions. Based on this case, the Constitutional Court acknowledged the existence of flow of trust as a faith through Decision No.97/PUU-XIV/2016, which resulted into the addition of a column of faith in ID Card (KTP) and Family Card (KK). However, it still inflicts some problems in the level of implementation. The aim of this study was to examine the population and social status of the Aluk Todolo belief adherent and to increase the efforts for legal protection of the Aluk Todolo belief adherent in Tana Toraja Regency. This study used a type of qualitative and socio-legal research with data collection techniques through indepth interviews, focus groups discussion, observation, and documentation. The results of this study socially indicate that, the negative stigma of the general public towards Aluk Todolo has been reduced considering that is guided under Hinduism. Moreover, it still becomes a problem because both faith are clearly different. In addition, the recognition towards the flow of faith in population administration has not been maximally realized due to the fact that Identity Card (KTP) only wrote "Trust in Almighty God". Based on this case, the authors conclude that the proper legal protection against the flow of faith in Indonesia, especially Aluk Todolo, to every legal instrument (statutory regulation) that includes religious phrases needs to be juxtaposed with the flow phrase of faith.

Keywords
The flow of faith, Population Administration, Aluk Todolo

Topic
Human Rights

Link: https://ifory.id/abstract/u2G7UgPVZh3H


THE EXISTENCE OF STATE IN SUPERVISION OF FULFILLMENT OF HUMAN RIGHTS FOR INDONESIAN FISHING VESSEL CREWS ABROAD
Muhammad Nur, Fithriatus Shalihah

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Corresponding Author
Muhammad Nur

Institutions
Universitas Ahmad Dahlan

Abstract
The profession as a crew of a fishing vessel is included in certain work that requires special arrangements. But, this special arrangement has not been made by the Ministry of Manpower as the mandate bearer. The absence of these technical regulations has resulted in the fate of vessels crew on various foreign fishing vessels abroad becoming very vulnerable to various violations and exploitation. One thing that is very difficult for the government to do is in terms of supervision of the fulfillment of fishing vessels crew-s human rights. The nature of work as a fishing vessels crew that even crosses the territorial boundaries of a country, and is classified as dangerous compared to other jobs. The author uses normative juridical research methods. The data collection method used is the literature study. The tools used are documents in the form of primary legal materials, secondary legal materials, and non-legal materials. The data obtained were then analyzed qualitatively then presented descriptively. This paper found that various cases of violations that have been and continue to occur become evidence of the weak existence of the state in the protection and supervision of Indonesian fishing vessels crews abroad. The government does not yet have an integrated supervision model to conduct periodic monitoring of the fulfillment of human rights for its citizens who work on fishing vessels abroad.

Keywords
State, Supervision, Human Rights, Fishing Vessel Crew

Topic
Human Rights

Link: https://ifory.id/abstract/ybPtTcpvB3D9


THE FULFILLMENT OF POOR COMMUNITY RIGHTS OF THE CITY BASED ON INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL, AND CULTURAL RIGHTS
Iin Karita Sakharina; Aidir Amin Daud; Muh. Hasrul; Hasbi Assidiq; Kadarudin; Anif Laila Sahir

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Corresponding Author
Iin Karita Sakharina

Institutions
Faculty of Law, Hasanuddin University

Abstract
The quality of human life is determined by how well his life, the more prosperous his life, the quality of life he has tends to also increase, although this is not absolute, the general principle is used by several institutions to determine one indicator of the quality of human life. The smaller access and ability to control the resources in the environment are usually influenced by geographical factors, so that infrastructure is an absolute thing that needs to be addressed first by the government, both the central government and provincial governments, city/regency governments in accordance with their respective authorities. Looking at the comparison in the 2 Big Cities, namely the Administrative City of West Jakarta and Makassar City have different characteristics. The issue that will be discussed in this paper is what rights are regulated in the ICESCR related to the poor community of the city? and how is the national policy in poverty alleviation?. This research is a normative legal research, using a statutory approach and a comparative approach. The collected data was analyzed qualitatively, then described to answer the problems in this study. The results showed that the 5 rights that are entitled to the poor community of the city from the government as a form of implementation of the fulfillment of the ICESCR by the state. These rights are (1) the right to social security, (2) the right to an adequate standard of living, (3) the right to adequate food, (4) the right to settlement, and (5) the right to be free from hunger. The number and percentage of poor people and poor people nationally show that South Sulawesi ranks 13th, while DKI Jakarta is 33th out of 34 Provinces

Keywords
fulfillment, ICESCR, the poor community rights of the city

Topic
Human Rights

Link: https://ifory.id/abstract/kuF9xEdbwNLp


THE IMPLEMENTATION OF ICESCR RELATED TO FACILITIES AND HEALTH SERVICES IN THE CITY OF TIDORE KEPULAUAN
Husen Alting; Nam Rumkel; Jamal Hi. Arsyad

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Corresponding Author
Nam Rumkel

Institutions
Faculty of Law, Khairun University

Abstract
Article 28 H paragraph (1) of the 1945 Constitution of the Republic of Indonesia mandates that "everyone has the right to obtain health services". In another article in the 1945 Constitution of the Republic of Indonesia, in particular Article 34 paragraph (3) also mandates that "the state is responsible for the provision of adequate health service facilities and public service facilities". Seeing the condition of health facilities and services in the City of Tidore Kepulauan which is very worrying is a separate issue at the level of implementation, because the right of access to health facilities and services should be the main because this is part of the basic rights and concerns the lives of many people, because of the seriousness of the country by ratifying the International Covenant on Economic, Social and Cultural Rights is a must starting point for the state in improving citizens health facilities and services. ICESCR implementation related to the fulfillment of health facilities and health services in the City of Tidore Kepulauan has fulfilled the principles of availability, accessibility, acceptance, and quality in the right to health as part of human rights

Keywords
health facilities, health services, ICESCR, implementation

Topic
Human Rights

Link: https://ifory.id/abstract/2KAb6cHdpE4a


THE PRINCIPLES OF CABOTAGE IN REGULATION OF THE MINISTER OF TRANSPORTATION NUMBER 121 OF 2015 CONCERNING THE PROVISION OF EASY FOR FOREIGN TOURISTS BY USING A CRUISESHIP
Aulia Rifai

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Corresponding Author
Aulia Rifai

Institutions
Hasanuddin University Law School, Tamalanrea, Makassar 90245

Abstract
Historically, cabotage comes from the French language which means small ship. This term is from the Spanish language from the word "Cabo" which means "Cape" (cape), meaning from headland to headland on one beach, for example transportation from one headland to another headland on a different beach, for example from Tanjung Priok in Jakarta to the city of Banjarmasin . Indonesia is one of the countries that applies the cabotage principle as seen in Article 8 paragraph (1) of Law Number 17 Year 2008 concerning Shipping which states that domestic sea transportation activities are carried out by national sea transportation companies using Indonesian-flagged vessels and manned by crew members of Indonesian citizenship, furthermore, paragraph (2) states that foreign vessels are prohibited from carrying passengers and / or goods between islands or between ports in Indonesian waters. However, in 2015, the government issued a Minister of Transportation Regulation PM Number 121 of 2015 concerning Provision of Facilities for Tourists Using Foreign Flagged Cruiseships where consideration of the issuance of this Minister of Transportation Regulation is to increase visits and move tourist trips so that tourists need to be provided convenience. using foreign-flagged cruises. Ports that were opened to be a stopover for cruise ships are the Ports of Tanjung Priok, Tanjung Perak, Belawan, Makassar and Benoa (Bali). Article 3 This Regulation of the Minister of Transportation states that cruises can transport tourists at domestic ports for travel, starting from domestic origin ports to tourist destinations to return to the port of origin, as long as the trip is part of tourist trips to and from the territorial waters. Indonesia. Seeing the above provisions, violating Article 8 paragraph (1) and (2) of Law Number 17 Year 2008 concerning Sailing because foreign cruise ships are allowed to transport passengers at the original port in Indonesia, then go to the destination port, back again to the port of origin of departure . The tour destinations are sufficient to be reported to the Head of the Kesyahbandaran and the Port Authority (KSOP). This study aims to determine (1) the relationship between the provisions in the Minister of Transportation Regulation No. 121 of 2015 concerning Provision of Facilities for Tourists by Using Foreign Flagged Cruiseships connected with Law Number 17 of 2008 concerning Shipping and (2) forms of regulation cruise ships in sailing in Indonesian waters in order to increase tourism. The method used in discussing this study is a normative legal research method that studies the legislation in relation to the unity of the national domestic transportation legal system. Conclusions based on the results of the study are (1) provisions in the Minister of Transportation Regulation No. 121 of 2015 concerning Provision of Facilities for Tourists by Using Foreign Flagged Cruises contrary to Article 8 pa

Keywords
cabotage principle, tourism

Topic
Maritime, Environment and international policy

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


THE PROBLEMATICS OF WASTE IN MAKASSAR (CASE STUDY: THE FIRE IN TPA ANTANG)
Nur Aryastuti Amirullah1; Wahidin Alamnuari Rachman2; Nurul Fatia Kurniasi3

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Corresponding Author
Nur Aryastuti Amirullah

Institutions
Faculty of Law Hasanuddin University
Nraryastuti[at]gmail.com

Abstract
Waste is one of the serious problems in Makassar. It caused of the problem of waste is directly related to the lifestyle and culture of the people. Makassar is one of the cities that has high population and economic growth, thus triggering an increase in service, industry, business and others. It affects the amount of waste production in Makassar which reaches 1,200 tons per day consisting of 57% organic waste and 43% non-organic. The high production of this garbage is very worrying and it is predicted that the capacity of the TPA in Antang can no longer accommodate the amount of waste in Makassar. In fact, this waste problem has been discussed in several legal rules concerning the environment both on a national and international scale, such as Makassar-s Regulation No. 4 of 2011 concerning on Waste Management, Law No. 32 of 2009 concerning on the Environment or in the Stockholm Declaration 1972. However, the ineffective management of waste in Makassar causes the problem is still difficult to overcome. Therefore, this study aims to examine the factors that cause waste problems in Makassar, in relation to fires in TPA Antang based on existing legal regulatory perspectives, government policies in handling waste and cultural issues related to social patterns of life Public. This research is a descriptive study based on data analyzed through literature studies.

Keywords
Waste, Environment, Makassar, TPA Antang

Topic
Maritime, Environment and international policy

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


The Right to Control The State of Sustainable Water Resources Management
Andi Syahwiah A. Sapiddin, A. Fatimah Syahra

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Corresponding Author
Andi Syahwiah A. Sapiddin

Institutions
Faculty of Law Hasanuddin University

Abstract
This writing aims to study the right to control the state of sustainable water resources management. The methods used in this writing was normative legal research with some approaches such as legal and conceptual approaches. The data were analyzed qualitatively. The result of the research indicate that the meaning and substance of the right to control the state of water resources is that the state has full authority to determine policies in the form of regulating regulating (regelan), managing (besturen) and monitoring (toezichhhouden) in terms of sustainability, availability and affordability water resources.

Keywords
The right to control the state, water resources management, sustainability

Topic
Maritime, Environment and international policy

Link: https://ifory.id/abstract/fCEAzbkw49mB


The Role of Local Fishermen as Countermeasure towards Illegal Fishing in Siddo Village, Barru Regency
Amaliyah1); Resky Amalia Syafiin 2)

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Corresponding Author
Amaliyah Amaliyah

Institutions
Faculty of Law, Hasanuddin University

Abstract
This research was taken place in Barru Regency and aimed to understand the form and intencity of illegal fishing activities occurred in Siddo Village, Barru Regency; examine the role of local wisdom concerning fishery in the effort for countermeasures of illegal fishing in Siddon Village, Barru Regency; as well as improve the role of government in following up this illegal fishing activities. The type of research that was used was socio-legal research described in descriptively qualitatively manner. The techniques used for data collection consist of indepth interview, observation, and literature study. The interview was conducted with Judges of Barru District Court, Staff of Fishery Department of Barru Regency, Staff of District Office of Soppeng Riaja, Staff of Village Office of Siddo Village and Fishermen. Literature research was conducted to collect secondary data such as supporting documents, research papers and other references related to the research topic. The result obtained throughout 2018 was that there was only one case decided by Barru District Court. Fishermen of Siddo Village also still uphold the values of local wisdom in fishing activities. Fishermen still use trawl ring with 1-inch large mesh net. Public awareness and attitudes which are not attempted or interested in using modern technology and stick with whatever results that were achieved. Thus, the ecosystem and marine wealth in Siddo Village are still maintained.

Keywords
Illegal Fishing, Local Wisdom, Trawl Ring

Topic
Maritime, Environment and international policy

Link: https://ifory.id/abstract/w2gmPDYtC3zx


THE ROLE OF THE PROFESSIONAL INDEMNITY INSURANCE OF THE NURSE PROFESSION
Main-authors : Zahry Vandawati Chumaida ([email protected]) Co-author : Fiska Silvia Raden Roro ([email protected]/[email protected]@unair.ac.id) Bambang SAS ([email protected])

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Corresponding Author
Zahry Vandawati Chumaida Chumaida

Institutions
Faculty of Law
Universitas Airlangga

Abstract
THE ROLE OF THE PROFESSIONAL INDEMNITY INSURANCE OF THE NURSE PROFESSION Main-authors : Zahry Vandawati Chumaida ([email protected]) Co-author : Fiska Silvia Raden Roro ([email protected]/[email protected]@unair.ac.id) Bambang SAS ([email protected]) Faculty of Law Universitas Airlangga Abstract Professional Indemnity Insurance for nurse profession provides cover for legal costs and expenses incurred in their defence, as well as any damages that may be awarded, if the nurses are alleged to have provided inadequate services that cause patients injured. The authority of the nurse in carrying out professional duties is regulated in Minister of Health Regulation No. 148/2010 so that the nurse has legitimacy in carrying out the practice of his profession. Related to the authority and duty of the nurses, they also have liability that need to be protected by professional indemnity insurance. This is certainly based on Law Number 40 of 2014 concerning Insurance. The responsibility of the nurse when making a mistake (negligence) in carrying out his duties at the hospital is possible to be transferred to the hospital through insurance coverage. In this case the hospital acts as the insured and the insurance company as the guarantor. The hospital is obliged to pay a premium to the insurance company. The method of this article is normative method, which allows authors to explore the topic in depth with two approaches, conceptual approach and statute approach. The conclusions of this paper namely are first, the nurses as a professional in the field of health is very important to be protected throgh professional indemnityinsurance. Second, in this case the hospital acts asthe insured; on the other hand, the insurance company is an entity which provides insurance. The hospital is obliged to pay aninsurance premium to the insurance company as insurer. Keywords : insurance, professional indemnity, nurse profession

Keywords
Keywords : insurance, professional indemnity, nurse profession

Topic
Trade and Business

Link: https://ifory.id/abstract/CvkmyhteD6xH


THE SOLUTION PROCES OF LAND MATTERS LAWSUIT BASIC LOCAL WISDOM
Andi Suriyaman Mustari Pide

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Corresponding Author
Andi Suriyaman Mustari Pide

Institutions
Faculty of Law Hasanuddin University

Abstract
The study aimde to know how the existence of local wisdom values of customary law community has been able to become a solution in solving the land matters lawsuit by non-litigation approach. Type of this research was a descriptive-analytical by revealing the social reality, a law phenomenon, concerning the existence of local wisdom of function in order to solve various-conflict. To find information about fact and case was carried out research of several informants (formal and informal leaders and functionaries-law) in related to the existence of local wisdom on their communities. The objective of this research, hence focused on communities whose the values of customary law still adhered together with constancy of local wisdom. Research done by revealing onformation of factual condition of customary law where had been occurred the process of deulayatitation in regarding to rightful authority of land. The visible problem was overlapping between the standing-right of ulayat and the presence of land matters regulation for regulating rightful authority of land. Inexplicit of law certainty about rightful of land, absolutely, implicated to vertical conflict between community and government also triggered to horizontal conflict among local communities on arrogating the land matters. Thus, a policy was required to bring about the sentiment of communities in oreder to to feel secured and protected by. This study analyzed how local wisdom values within solving several conflicts, particularly land matters conflict. Not understood of positive law caused non-litigation approach basis local wisdom became option within solving of conflicts.

Keywords
customary law, land matters regulation, non-litigation, local wisdom, rightful protection of land

Topic
Investment and Settlement Disputes

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


The Urgency of Arrangement an Empty Column System in Regional Election
Andi Safriani

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Corresponding Author
Andi Safriani

Institutions
Fakultas Syariah dan Hukum UIN Alauddin Makassar

Abstract
Sovereignty is in the hands of the people and implemented according to the 1945 Constitution.the meaning of people-s sovereignty in the 1945 Constitution is to place the people as a source of state power where it is in line with the understanding of democracy, namely from the people,by the people and for the people. The regional head election is a form of people-s sovereignty. The existence of a blank coulumn in the regional head election is seen as an alternative choice of the people which simultaneously allow regional head election to be held with only one pair of candidates. Such conditions occur because of the absence of other options provided by the party organizing the regional head election. The research is a qualitative research by describing or giving or giving a description of the condition factually and systematically about the facts and phenomena related to the problem under study and usinh the method conceptual approach and statute approach. The result showed that there were legal problems that occurred when the regional head election was carried out using a blank column selection system.therefore, there is a need for a regulation regarding the mechanism for the selection of regional heads in a complete and clear manner so that it becomes a reference for the regional head election organizer.

Keywords
The rules, Regional Head election, Empty Column System.

Topic
Democracy, Constitution, and Globalization

Link: https://ifory.id/abstract/GFk2pmQj4xNP


THE WITNESS PROTECTION IN PERSPECTIVE OF CORRUPTION ERADICATION CASE
ARIS IRAWAN

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Corresponding Author
ARIS IRAWAN

Institutions
Law Graduate Program,
Universitas Borneo Tarakan, Kalimantan Utara, Indonesia
Jl. Amal Lama No.1, Gedung Rektorat Lama, Lt.2

Abstract
Corruption has become massive societal phenomenon that has been regarded as extraordinary crimes threatening Indonesian economy and impeding national development. All societal elements expect that it will not be unresolved problems. Until recently, criminal law policy in its attempt to eradicate corruption has more put emphasis on the perpetrator. Such policy on witness protection, in the criminal case of corruption, needs to be optimized because it can be an alternative legal instrument in the attempt to eradicate corruption. Law-enforcement authorities face difficulties in unfolding a corruption case because it is often well systematically planned. In many cases, witnesses are reluctant to report a corruption case because of threat, intimidation, and criminalization posed to them. Problems of this research are (1) How is the regulation of witness protection act and the corruption eradication in Indonesia? (2) How is the urgency of witness protection in the criminal cases of corruption eradication? (3) How is criminal law policy on witness protection to facilitate the corruption eradication in Indonesia? This research employs normative juridical approach with the descriptive research type. Findings indicated that (1) the development of witness protection act in the corruption case is highly relate to the witness stand on the criminal justice system; (2) the urgency of witness protection in the corruption eradication process is highly related to the common occurrence of intimidation and threat toward the witnesses. It indicate that the witness and victim protection is an important and urgent legal aspect; (3) criminal law policy in the corruption eradication process put more emphasis on the perpetrators and less concern on the witnesses involved in legal investigation. It is necessary to optimize the role of LPSK in criminal law policy including in giving the protection to witness in the case of corruption eradication; therefore, it is important to conduct legal update on the witness protection act in the case of corruption eradication process.

Keywords
Witness Protection; Corruption Eradication;

Topic
Governance and Anti-Corruption

Link: https://ifory.id/abstract/ZuNk4YrdwgHU


Theory of Designing the Formation of Accommodative Legislative Regulations
Prof. Ruslan, Achmad , Dr. Inggit, Andi Bau

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Corresponding Author
Achmad Ruslan

Institutions
Faculty of Law Hasanuddin University

Abstract
Indonesia was established based on the state of law and society in accordance with the provisions of the 1945 Constitution of the Republic of Indonesia as a basic rule (fundamental norm), which became the fundamental guideline for the Republic of Indonesia. The roles of legislation in the context of the rule of law are the basis for the administration of the state and as a guideline for organizing governance, in center government in the form of acts and in local government in the form of regional regulations, as well as to solve social problems. The formation of laws and regulations is the process of making laws and regulations which basically starts from the planning, research and study stages, the preparation of academic texts based on the method of certain laws and regulations, the making of drafts (forms and structures), the preparation of academic texts for discussion, endorsement, promulgation and dissemination. The problem is that there are many regulations that are not effective because they are not accommodating the public interest, starting at the planning stage of forming laws and regulations. The research method used is the normative research method, with a conceptual approach and legislation. The formation of legislation is suspected to have caused social conflicts, institutional issues, and uncertainty in national economic planning, leading to a law enforcement crisis, and legislation that is very vulnerable to national disintegration in a Unitary State of the Republic of Indonesia. It is occurred because its formation does not apply the theory of the Formation of the Formulation of Accommodative Legislation.

Keywords
Design Theory, Formation of Regulations, Legislation, Accommodative

Topic
Democracy, Constitution, and Globalization

Link: https://ifory.id/abstract/Dynt36Y4RqQZ


TRANSFER OF AGRICULTURAL LAND FUNCTION AND COMMERCIALIZATION OF DEVELOPMENT
Andi Suci Wahyuni

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Corresponding Author
Andi Suci Wahyuni

Institutions
Civil Law, Faculty of Law, Hasanuddin University, Indonesia

Abstract
Transfer of land functions is an unavoidable action in order to meet the development needs of an area. In line with that, the use of agricultural land for development is also inevitable. This study aims to find out how government policies regarding the conversion of agricultural land that are destined for development. In addition to knowing the form of legal protection by the government of the sustainability of agricultural land in Indonesia. The study was conducted using the method of normative legal research using a regulatory approach and applicable legal principles concerning the conversion of agricultural land for development. The results showed since 2009 with the issuance of Law No. 41 of 2009 concerning the Protection of Sustainable Food Agriculture Land. It is expected that the allocation of sustainable food agricultural land (P2LB) can be available after the establishment of sustainable food agriculture land by the relevant government in the Provision of Incentives to agricultural land owners are also expected to be able to hold the rate of land conversion. Government Regulation No. 11 of 2011 concerning Determination of Transfer of Sustainable Agricultural Land Functions stipulates that the transfer of functions of sustainable agricultural land can be carried out by the government or regional government in the context of land acquisition for public interest and / or disaster. Thus the availability of replacement land is required for the converted agricultural land.

Keywords
transfer, function, land, agriculture, development

Topic
Governance and Anti-Corruption

Link: https://ifory.id/abstract/7MFHyB3vZYgQ


Vanuatu and Indonesias Sovereignty Intervention in the International Law Point of View
Kadarudin; Judhariksawan; Nur Azisa

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Corresponding Author
Kadarudin Kadarudin

Institutions
Faculty of Law, Hasanuddin University

Abstract
Some Indonesian and international people certainly know about the shooting incidents that took place in Yigi District, Nduga Regency, Papua Province, Indonesia, on Monday, December 3, 2018. Shooting incident allegedly carried out by the West Papua National Liberation Army led by Egianus Kogoya, the military wing of the Free Papua Organization (OPM) labeled as the Armed Criminal Group responsible for the event. The incident ignited the spirit of the OPM to re-ignite the fire of struggle to part with the Unitary State of the Republic of Indonesia. But like two sides of a coin, on the one hand, OPM knows that the incident can make them appear to exist both domestically, Southeast Asia, to the corners of the world. To part with the parent country, at least the Montevideo Convention on the Rights and Duties of States of 1933 must be the main reference, and it will be difficult because the elements in Article 1 alone they (OPM) have been unable to fulfill, the proof is that until now the OPM has not been included in the Non-Self-Governing Territory category in accordance with the rules of the United Nations Charter.

Keywords
Indonesias Sovereignty Intervention, International Law, Vanuatu

Topic
Human Rights

Link: https://ifory.id/abstract/3RDY8dAeEZWk


WHISTLEBLOWER SETTING AS AN ANTI-FRAUD INSTRUMENT IN THE INDONESIAN BANKING INDUSTRY
Zaid Alfauza Marpaung, Bismar Nasution, Alvi Syahrin, Madiasa Ablisar

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Corresponding Author
zaidalfauza marpaung

Institutions
Faculty of Law, University of North Sumatera

Abstract
The challenge faced by the Indonesian banking industry today is fraudulence. To find out and dislose the frauds that occured in the banking industry requires the participation of employees who act as whistleblowers. However, in order to serve as a whistleblower is not easy. In addition to having credible information, a whistleblower must also have courage. Often a whistleblower is threatened, terrorized, intimidated, fired and even sued on the basis of defamation from the reported party. This study will examine how the whistleblower arrangements in preventing and combating fraud in the banking industry. The method used is normative legal research using a legal concept approach, legal comparisons and statutory regulations. The results showed that in order to serve as a whistleblower, one must meet two fundamental criteria. First, one conveys to internal authorities. Second, one works an insider. The legal provisions against whistleblowing have not been explicitly regulated in various Indonesian laws and regulations. This seems different from other countries whose arrangements have been regulated in separate laws. This research recommendation, whistleblower arrangements must be regulated in separate laws. To avoid employee reluctance to report violations or crimes in the banking industry, it can be done by implementing a socialized, transparent and responsible whistleblowing system. The whistleblowing system must maintain the confidentiality of the identity and protection of employees from threats and retaliation by reported parties. The application of the whistleblowing system can be done through internal reporting mechanisms and external reporting mechanisms.

Keywords
Whistleblower, Fraud, Banking Industry.

Topic
Governance and Anti-Corruption

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


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