Indonesia Conference Directory

Corresponding Author
Ahmad Saad AL-Dafrawi

Institutions
AHMAD IBRAHIM KULLIYYAH OF LAWS, Department of Islamic Law, International Islamic University Malaysia, (IIUM).

Abstract
Abstract Morally, employing Performance-Enhancing Medicines (PEMs) in sports simply is repudiated. Yet, taking these medicines in sports competitions is associated with legal consequences. Hitherto, because of rapid advances in the genetic modification technologies, it is feared that these therapeutic technologies and many others have been applied to athletes (e.g., to prevent Myostatin from incapacitating muscles groups). The taking and giving performance-enhancing medicine, not just against ethics, but actually, these acts break the laws because of the dangerous side effects of the drugs that they comprise of. The main problems of this study are the absence of the Penal Code which can legally address the actions of doping and Gene doping in many countries. Another problem is the lack of laboratory screening methods that can ratify the occurrence of gene modifications. The main objective of this study is to examine the legal theory of the development of panel disciplinary or penal liability for doping and Gene doping.

Keywords

Topic
ASIAN Conference on Comparative Laws

Link: https://ifory.id/abstract/QYVAf43Puem9

Corresponding Author
Amanda Amanda

Institutions
Asia University, Taiwan

Abstract
Birth defects or congenital anomalies affect an estimated 1 in 33 infants, resulting in 3.2 million children with disabilities related to birth defects every year and 2.68 million infant mortality, 11.3% cause by birth defects. South-East Asia Region has the second highest prevalence of birth defects in the world, 9% of under-five deaths and 12% of newborn deaths in South-East Asia Region were due to congenital anomalies in 2015. Related to this phenomenon, since 1976 the United Kingdom was established the law which is strictly protect the children from the congenital anomalies. This law was established by considering the congenital anomalies in consequence of some persons fault since genetic is not the only causative factor of the congenital anomalies but could also be happened due to the someones act. By considering the condition of South-East Asia Region as the second highest occurrence of Birth defects, Indonesia have to take an action in order to prevent or reduce the number of Birth defects. The existence of the Child Protection Act in Indonesia currently does not cover the issue of the congenital anomalies. There should be a revision upon the law in order to handle the phenomena of congenital anomalies. Through this research, authors aim to show the urgency of the prevention upon the congenital anomalies effect through the law in order to provide the protection and clear responsibility upon the children with congenital anomalies.

Keywords
Congenital Anomalies, Birth defects, Child Protection

Topic
ASIAN Conference on Comparative Laws

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

Corresponding Author
Nasrullah Nasrullah

Institutions
UMY

Abstract
Indonesia is recognized as a country with high potential in maritime resources. However, Indonesia is also known as the second largest contributor of plastic waste into the ocean. It is estimated that Indonesia contributes around 200.000 tons of plastic disposals. The highest pollutant of the plastic product was found to be cigarette butts. The trillions of cigarette butts generate chemical contamination on the water. The various chemicals used as additives in cigarettes and the additional ones created when a cigarette is combusted. Chemicals that leach from the cigarette butts can be extremely toxic to the organisms in the ocean. Cigarette is not only dangerous for human health, but it is also environmentally hazardous. The marine pollution caused by the cigarette butts was never realized by humans, even though the huge number of cigarette butts were found in the sea. A grave concern should be put on the impacts of cigarette toward the ocean. The objective of this paper is to elaborate the Indonesian regulation dealing with the issue of cigarette butt pollution in the ocean. This paper is the result of normative research with the statute, analytical and case approaches on the protection of the marine ecosystem from the cigarette filter disposal. This research attempts to analyze the existing regulations in Indonesia on the protection of the marine ecosystem from toxic and hazardous waste, especially from cigarette butt waste disposal. The results of this study show that to date there is no specific regulation regulates about tobacco waste product disposals. Accordingly, the government is suggested to enact a specific and effective regulation about tobacco waste product, so that the law enforcement of marine pollution caused by cigarette butts can be prevented.

Keywords
Cigarette butt, legal protection, marine pollution, toxic and hazardous waste

Topic
ASIAN Conference on Comparative Laws

Link: https://ifory.id/abstract/hMtE6VeuQ4dv

Corresponding Author
Amanda Amanda

Institutions
Universitas Muhammadiyah Yogyakarta

Abstract
Disruptive era triggers a complex proposes on the limited spatial zone of countries. Incorporating a harmonious nexus among economic missions and ecological requirements is a must. Policy holders are encouraged to invent the tools or due mechanisms of budgeting and tax system to harness a environmental degradation become supreme. This research is intended to design the theoretical and practical nexuses among the role of tax legal system, environmental legal system in tackling environmental damages. The type of research is a doctrinal based study to find out accurate principles and supported also by the approach of sociological legal study to make sure the invented principles have been examined. Thus, mix method approach is driven to accomplish the comprehensive proposes of study. The result of research found that strategic and interdependency nexuses among the tax legal system and environmental legal system in incorporating the workable principles and taxation governance to tackling the environmental degradation are necessary needed. The principles have roles for the cores to realise the functions: the budgeting functions in term of achieving the people prosperity and the regulating functions in term for performing the sustainable development. The existing taxation governance is still placed in the wide range of gap among the hopes and the practices. The hopes illustrate that the both tax functions are targeted to formulate many efforts to overcome the environmental damages and incorporate comprehensively in the taxation legal system. In fact, this principle has been considered as economic and politic burdens or it could be internalized for only the complement components. It is urgent to design an environmental principle based systemic legal taxation that supported by the visionary policy, responsive laws, well organized and coordinated institutions, effective functions of law enforcement, and high empowered civil societies

Keywords
Supremacy, Green Tax, Surmount, Environmental Detriment

Topic
ASIAN Conference on Comparative Laws

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

Corresponding Author
Gerald Theodorus L. Toruan

Institutions
Research and Development Agency
Ministry of Defense Republic on Indonesia
theodorus_recht[at]yahoo.com

Abstract
Cyber crime threats is now considered to be a concern by all parties. This cyber crime arises due to the rapid development of technology and information today. There are certain parties who take advantage of this situation for bad purposes. The development of technology is like a double edged sword, one side has a positive goal and the other side a negative goal. Cyber crime has a variety of types, for example, hacking, defacing, spamming, online fraud, and can even hate speech and hoax. Cyber crime will threaten various line of life, one of which is in national defense. This study a qualitative research method with a descriptive approach, collecting data by library research. The purpose of this study is to provide policy recommendation to the chief, especially recommendation related to cyber crime. The expected result is a recommendation to be used to overcome cyber crime.

Keywords
Cyber Crime Threats, National Defense Perspective

Topic
ASIAN Conference on Comparative Laws

Link: https://ifory.id/abstract/7pjBbEyR46Ak

Corresponding Author
Amanda Amanda

Institutions
Asia University, Taiwan

Abstract
Globally, Asia is one of the fastest growing regions for digital innovation. Digital innovation is really needed to support the development of a country, one form of digital innovation is the existence of artificial intelligence (AI). Moreover, in some countries in Asia have been promoting artificial intelligent use, and also enacted personal data protection regulation. Because data is the basic element of creating AI, so it is very important to have regulations regarding the protection of personal data. Indonesia as a developing country and currently facing for the industrial revolution 4.0 wherein the future it will also face increasingly rapid digital innovations. So, to implement Artificial Intelligent in Indonesia, personal data protection is needed. The research aims to know (1) the urgency of enactment personal data protection regulation in Indonesia. (2) Comparative study with some Asian countries such as, China, South Korea and Singapore on the enactment of personal data protection regulation. The research method used is a normative legal research, this research based on the secondary data which divided into primary legal material, secondary legal material and tertiary legal material. Furthermore, the methods of collecting data in this research will be done through library research by literature learning, this method will collect the data from reading, analyzing and try to make conclusion with relevant document. The data will be analyzed systematically through juridical qualitative.

Keywords
Artificial Intelligence, Big Data, Data Protection Regulation, Digital Innovation

Topic
ASIAN Conference on Comparative Laws

Link: https://ifory.id/abstract/X7KxMGQ34d8c

Corresponding Author
Yordan Gunawan

Institutions
(a). Faculty of law, Universitas Muhammadiyah Yogyakarta
(b). Department of Law, International Islamic University Malaysia
(c). Faculty of Law, Universitas Muhammadiyah Yogyakarta
*Correspondence Author: yordangunawan[at]umy.ac.id

Abstract
This research alludes to the practice of monism and dualism theory in terms of the application of international law within national jurisdiction and its regulations. It is referred to the countries which applying Civil and Common legal system, or in this case represent by Indonesia and Malaysia. This issue has been arising especially due to the absence of specific regulations for modulating the international law application in Indonesia. Comparing with Malaysia which commonly would be revisiting the legacy of the British legal system as they were colonized by the British if there are none of the regulations in settling the case. The tendency to have a specific reference for having special regulation upon the existence and use of international law in the municipal area is to restrict the power of law enforcer, with special reference to the Judges and giving clarity of which doctrine is supposed to be used in dealing with the issue. Conversely, this matter also brings the concern on state sovereignty in determining the role of international law as the instruments of resolving the national issue. The results show that Indonesia is still having the inconsistency for functioning the international law in the local legal practice. It triggered by the lack of prevailed regulations even more in the Indonesian Constitution concerning the International law application. This is supposed to be crystal clear to consider, either the international law can be applied by transformation or corporation theoretically.

Keywords
International Law; Municipal Law; Indonesian Legal System; Malaysian Legal System; Monism and Dualism Theory

Topic
ASIAN Conference on Comparative Laws

Link: https://ifory.id/abstract/gX2vtyn6jJqP

Corresponding Author
Latifah Hanum Kusumastuti

Institutions
Copyright, IPR, Indonesia, Criminal Law, Offense

Abstract
The Industrial Revolution is a concept and a development that has fundamentally changed our society and economy. The fourth industrial revolution is characterized by a fusion of technologies that is blurring the lines between the physical, digital, and biological spheres. The universal challenges on the revolution era is to concept and design the policies and laws to be implement in the latest development. Intellectual Property Rights (IPR) plays an important role in the industrial legal protection. Furthermore, looking back in Indonesian legal development on the Copyright protection, there have been several changes in Criminal offense. This fundamental change is certainly affects the enforcement of copyright law in Indonesia. Thus this paper aim to answer and review the legal reasoning behind the change of offense in Copyright Law in Indonesia. This study uses a normative legal with descriptive analytic method. The result of this study is that the complaint offense is suitable when applied in the copyright protection. Considering only the copyright owner knows the details of the object of his creation.

Keywords
Copyright, IPR, Indonesia, Criminal Law, Offense

Topic
ASIAN Conference on Comparative Laws

Link: https://ifory.id/abstract/xv6HAKmyMJhC

Corresponding Author
Fadia Fitriyanti

Institutions
Faculty of law, Faculty of Law

Abstract
The provisions in AATHP are formulated in general so that it needs a study of the theory of dispute resolution and responsibility for transboundary haze pollution. The purpose of this research is the first to analyse the theory of dispute settlement for transboundary haze pollution pre-and post-AATHP, second analyse the theory of responsibility for transboundary haze pollution pre-and post-AATHP. The method used is normative juridical research. Data obtained from field research will be researched, verified and compiled according to the data source. The data will be analysed qualitatively, to support data obtained from library researcher or in seeking answers to various problems that have been formulated. Data analysis uses statute approach and case approach. Furthermore, the resulting research is in the form of analytical descriptive. The conclusions in this study will be taken deductively and inductively. Further research will be presented in an analytical prescriptive form. Based on the results of this study concluded that firstly theory of dispute resolution pre-ratification of AATHP is interstate dispute resolution theory. Post of Ratification, in Article 27 of the Agreement states that the settlement for parties that do not comply with the provisions in the agreement shall be settled amicably by consultation or negotiation. So indirectly, the agreement prioritizes diplomacy rather than law enforcement for the offender. It uses the theory of "non-interference" (non-intervention) and the use of internal peaceful means to resolve disputes without use violence. Secondly the responsibility theory used to resolve transboundary haze pollution pre-the ratification of AATHP, is the relative dispute resolution theory, and responsibility theory used post-ratification of AATHP is the Transformation Theory, that is, ratification cannot make an international agreement into force at the national level without the existence of special regulations governing the object of the international agreement.

Keywords
Theory of dispute settlement, Responsibility, AATHP

Topic
ASIAN Conference on Comparative Laws

Link: https://ifory.id/abstract/HqA7gYNfBpTz

Corresponding Author
Ilham Yuli Isdiyanto

Institutions
Faculty of Law Ahmad Dahlan University

Abstract
This research is one of the efforts to rediscover conceptual village sovereignty, which had faded and tended to disappear after the Republic of Indonesia era. The most significant indicator to see the existence of village sovereignty was village authority in dispute resolution, or enforcement of existing norms and developing naturally in those area. This research was conducted using a descriptive-qualitative approach, one of a kind of normative research which using juridical analysis as the basis for forming prescriptive aspects. This study reviews the historical aspects related to village sovereignty and dialectics to this day based on a multidisciplinary perspective and legal studies as the main base to determine its prescriptive aspects. As the results, history proves that since the royalty era until the colonial era the village was authorized to solve the problems of its people independently. Yet, entering the Republic of Indonesia era this authority was gradually amputated. The government finally began to realize the importance of being a village as an autonomous and self-sufficient area as before through Act No. 6 of 2014 concerning Villages. Through these regulations the village head has the authority and obligation to resolve community problems. The village head position becomes an Authoritative Mediator. Through this basis, the village head can actually form an alternative dispute resolution institution that has the authority to call, examine, mediate and resolve problems from the parties. Here later the alternative dispute resolution can be done by a mediation model and the position of the village head can be as an authoritative mediator. Henceforth, as a suggestion, it needs support from the government to prepare implementing regulations and also provide mediation training to the village heads and village officials who get delegations from the village head.

Keywords
village sovereignty; dispute resolution; mediation; village law

Topic
ASIAN Conference on Comparative Laws

Link: https://ifory.id/abstract/xq3F46JceaPg

Corresponding Author
Amanda Amanda

Institutions
Sriwijaya University, Indonesia

Abstract
Pursuant to Article 40 Paragraph (2) of Law Number 5 of 1990 on Conservation of Natural Resources and its Ecosystem, an individual who conducted crimes against protected wildlife is sentenced to a maximum of 5 (five) years imprisonment and a maximum fine of Rp 100,000,000. In the United States, the Endangered Species Act (ESA) charges the perpetrator against wildlife with criminal and civil sanctions. In § 1540 (a) (1) determines that anyone who “take”, import, export, transport or sell endangered species can be fined not more than $ 25,000. If the species in threatened groups, the perpetrator can be subject to a penalty of not more than $ 12,000. The enforcement of criminal sanctions against perpetrators who violate ESA criminal provisions must fulfill the element of "knowing." An individual who knowingly "taking", entering or importing, issuing or exporting, transporting or selling endangered species prohibited by the ESA are subject to sanctions maximum fine not more than $ 50,000 and imprisonment for 1 year. If the action against the species under threatened group, the offender may be subject to criminal sanctions of a maximum of $ 25,000 and imprisonment for a maximum of 6 months. In addition, additional crimes were also applied in the form of revocation of federal permits, rental permits, and hunting permits, as well as confiscation of all equipment and transportation equipment related to these violations. This study analyzed the enforcement of criminal sanctions in criminal cases against protected animals in courts in Indonesia and the United States. The results of the study showed that criminal sanctions against criminals against protected animals in Indonesia have never reached maximum imprisonment or maximum fines so that they are not sufficient to provide a deterrent effect for the perpetrators and become a warning to other communities. While the imprisonment sanction for criminals against protected animals in the United States is still relatively weak. However, in terms of criminal fines and civil sanctions can be categorized as high sanctions

Keywords
protected wildlife, threatened wildlife, criminal sanctions, civil sanctions.

Topic
ASIAN Conference on Comparative Laws

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