Indonesia Conference Directory

Corresponding Author
Aulia Septias

Institutions
Universitas Muhammadiyah Surabaya

Abstract
There is a legal fact that children with disabilities have the highest level of vulnerability to violence, especially sexual violence, in Indonesia it is increasing every year. Indonesia as a legal state that has the obligation to protect, respect and fulfill the rights of children with disabilities. The Indonesian state has ratified several conventions relating to children with disabilities. The research objective was to determine the form of legal protection and legal efforts for children with disabilities as victims of sexual violence, the research method used was normative juridical with a statute approach, the results of the first research on the form of legal protection for children with disabilities who became victims of sexual violence namely that children with disabilities should get the protection of their rights as victims of acts of sexual violence. The legal efforts that can be taken through 2 (two) paths are non-litigation (diversion) and litigation (investigation, prosecution and examination in court) and the restoration of victims&

Keywords
Protection, children, disability, sexual violence

Topic
Law

Link: https://ifory.id/abstract/Tt6LhwZDg8Ce

Corresponding Author
Hardin Hardin

Institutions
a) Law Study Program, Faculty of Law, Universitas Muhammadiyah Buton, Baubau, Indonesia

*darojatandra[at]gmail.com

Abstract
Economic development as part of national development, is one of the efforts to create a just and prosperous peoples welfare based on the Pancasila and the 1945 Constitution of the Republic of Indonesia The purpose of this study was to determine the form of legal protection for customers in credit agreements with land rights collateral at Bank Syariah Mandiri Baubau Branch. This study was conducted at the Bank Syariah Mandiri Baubau Branch. Samples from this study were 13 informants. Sampling of customers will be done by simple random sampling, The form of legal protection for customers (mudharib) is: (a) the Bank Syariah Mandiri Baubau Branch Office will store the mudharib file into the hasanah room and secure it in a safe monitored through closed circuit television (cctv) and alarmed, where the room is anti-fire and flood and theft; (b) There is a security guarantee from the officer, with a 24 hour security system, so that the mudharib file will be protected from the danger of theft; (c) There is legal protection for mudharib in accordance with Article 38 paragraph (1) of the Law of the Republic of Indonesia Number 21 of 2008 concerning Sharia Banking; (d) There are opportunities for mudharib to learn the terms of the financing agreement, so that the mudharib do not feel cheated.

Keywords
Legal Protection, Customers, Credit Agreements, Collaterates, Land Rights

Topic
Law

Link: https://ifory.id/abstract/xekHj2fMLDwF

Corresponding Author
Rochmat Aldy Purnomo

Institutions
Universitas Muhammadiyah Ponorogo
intoro60[at]gmail.com
Institut Agama Islam Negeri Ponorogo
marthaerisafira82[at]gmail.com
Institut Agama Islam Negeri Jember
mochammad.chotib[at]gmail.com
Universitas Muhammadiyah Ponorogo
areevahims[at]gmail.com

Abstract
As stated in the Constitution No. 44 year 2008 regarding Hospitals, it is explained that hospitals are healthcare service institutions for the society with special characteristics which are influenced by the development of the healthcare science. It is clear that the existence of hospitals is crucial to give the best healthcare service for the society. Yet, it is not seldom that the hospitals and its officials, like the medical workers and other staff, like nurses, pharmacists, managers, and administrators who work in hospitals experience both verbal and nonverbal violence from the patients and the family. There are also cases of medical malpractice. The aim of this research is to see how far the Constitution No. 44 year 2008 on Hospitals give legal protection for the human resource staff, and whether this law has been implicated well enough to increase its service to the patients and their family.

Keywords
Legal, Protections, Hospital, Patient

Topic
Law

Link: https://ifory.id/abstract/cmeQ9D2Lg7kM

Corresponding Author
Maryati Bachtiar

Institutions
(a) Law Faculty, University of Riau
Jl. Pattimura No 9 Pekanbaru

Abstract
Independent oil palm growers generally have various limitations both in terms of land availability, knowledge about cultivation and care, capital, including how to market their harvest or processing. With these limitations, it can be ascertained if the productivity of the garden is low. In addition, because it cannot process itself but must be sold to other parties, the small volume does not have a high bargaining power in front of traders / collectors. To avoid the negative effects of world change, the government issued a series of policies on the price of oil palm bunches which are expected to protect farmers. Government policy in determining the price of oil palm fruit bunches will affect the ability of oil palm farmers to produce.

Keywords
Legal Protection, Plantation Independent Farmer, Fresh Fruit Park

Topic
Law

Link: https://ifory.id/abstract/DkK6tbwVYxmh

Corresponding Author
Asri Wijayanti

Institutions
(a) Faculty of Law, Airlangga University, Jl Dharmawangsa Dalam Selatan Surabaya
(b*) Faculty of Law, University of Muhammadiyah Surabaya, Jl. Sutorejo 59 Surabaya

Abstract
The existence of green letters as the evidence of ownership of a land is still debatable. There is a tug between the regional governments right to the assets of the region owned by the fact that a land has been occupied by a person for a long time. Problems arise when the green letters have changed hands to another person. This study aims to analyze how the law provides protection to local governments and occupants of land that has a green permit (land use permit). This legal research is normative with a statutory approach. The result of the research showed that the green letters were proof of land use permit not proof of ownership of land. A certain procedure was needed so that the land use permit (IPT) could be turned into personal property. The resulting recommendation was that the Surabaya city government should make rules that can secure regional assets without losing the citizens right to have a place to live

Keywords
green letters, land use permit, surabaya, residence permit, land dispute

Topic
Law

Link: https://ifory.id/abstract/humncD8yUrQ3

Corresponding Author
Asri Wijayanti

Institutions
(a*) Faculty of Law, University of Muhammadiyah Surabaya, Jl Sutorejo 50 Surabaya
(b) Faculty of Law, Airlangga University, Jl Dharmawangsa Dalam Selatan Surabaya

Abstract
The difficulty of finding employment makes the city of Surabaya as an urbanized city. Some of people decided to become scavengers for plastic, paper and metal goods for their living. The need for a place to live and the high rent or installment of the house made the scavengers forced to build a cardboard house around the cemetery of Rangkah Surabaya. The existence of scavengers in the cemetery of Rangkah also disrupts the function of urban planning for the area itself. The city government must immediately find a solion to secure their land assets. This study aims to analyze the legal protection on both sides. It is between the regional government and the right to manage cemetery land assets and protect citizens to obtain basic rights to life and freedom to live. This legal research uses a socio legal approach. The results of the study showed that the management of cemetery should be prioritized for protection to local governments to manage urban planning in the area of cemetery of Rangkah Surabaya. In addition, the priority to the fulfillment of basic rights for the residents in the scavenger village should be given by the local government as the states responsibility for the lives of the poor and displaced persons. The proposed recommendation was that the forced transfer of residents in the cemetery scavengers village of Rangkah must be followed by the readiness of the local government to prepare new housing facilities in accordance with the capacity of the regional budget.

Keywords
scavengers, residence permits, decent housing, cemetery

Topic
Law

Link: https://ifory.id/abstract/aX6QuyUFDnrE

Corresponding Author
Genio Ladyan Finasisca

Institutions
Universitas Indonesia
Kampus UI Depok
Jawa Barat
*jennyfinasisca[at]gmail.com
**tri_hariri[at]yahoo.com

Abstract
UU no.4/2009 regarding Coal and Mineral is a revolutionary policy in Indonesian mining system. It brings a new breeze for Indonesian mining activities. One of the provision that is quiet revolutionary for Indonesian current mining system back then is the obligation for miners to do the beneficiation on their downstream activities. The beneficiation itself is integrated with the upstream activities. At the very beginning of the article enactment, it bring a lot of contra from several stakeholders. Miners as the mining subjects believe that it is contrary to Indonesias own easy business mining principle enforcement. On the other hand, the government itself has a foremost duty to enforce the maximum utilization of natural resources to manifest peoples welfare. This article will analyze further the issues regarding the enforcement of mining beneficiation obligation in Indonesia.

Keywords
Mining; Beneficiation; Indonesia

Topic
Law

Link: https://ifory.id/abstract/qb6Bec9nQ42T

Corresponding Author
DEWI SULISTIANINGSIH

Institutions
FACULTY OF LAW, UNIVERSITAS NEGERI SEMARANG
FACULTY OF LAW, WAHID HASYIM UNIVERSITY

Abstract
Intellectual property disputes can include copyright, trademark, patent, industrial design rights, geographical indicative rights, integrated circuit layout design, and crop variety disputes. They require appropriate resolution and provide not only legal certainty but also provide justice and expediency for the disputing parties. The disputes can be resolved through litigation (court) and non-litigation (arbitration and alternative dispute resolution). Both the dispute resolutions, in and out of court, have their respective advantages and disadvantages. Out of court resolution becomes an alternative solution for the disputing parties knowing all of its advantages compared to dispute resolution through a court. The arbitration and alternative intellectual property right dispute resolutions have their own challenges considering that they are new compared to that carried out in court. The institutions that are assigned to handle intellectual property rights disputes in Indonesia are the Indonesian National Arbitration Board (BANI) and the Arbitration and Mediation Board of Intellectual Property Rights (BAM HKI). Both of them have the authority to resolve intellectual property disputes out of court. Businesses in Indonesia currently do not fully understand the importance and urgency of resolving intellectual property rights disputes through BANI or BAM HKI. Moreover, the institutions still have limited authority to resolve intellectual property rights disputes.

Keywords
Alternative Dispute Resolution; Arbitration; Intellectual Property; Indonesia

Topic
Law

Link: https://ifory.id/abstract/gHGzJpaNVW8L

Corresponding Author
Budi Agus Riswandi

Institutions
Fakultas Hukum Universitas Islam Indonesia

Abstract
The Indonesian government has issued a new research policy, in which government-funded research must be able to produce outcomes in the form of patents. From this new research policy, the government has released research funds to researchers of the state and private civil servants. From this policy, it has given birth to two kinds of legal relations, namely official and work relations. As a result, the results of government-funded research with this patent outcome have brought about the consequences of patent holders, rights and obligations of different patent holders. For the patent holder of the official relationship pattern, the government and inventor, while the patent holder of the employment relationship pattern, the government is the employer. In practice there has been a deviation of the consequences of patent holders, rights and obligations of patent holders on research results funded by the government both in official and employment relations. This can be seen from the name of the patent holder listed in the patent certificate. For official relations, the patent holder is only the government without an inventor, while for the employment relationship, the patent holder is private. This paper is presented to elaborate more deeply related to patent holders of government-funded research in Indonesia and its consequences. Normative juridical research methods with a statutory approach

Keywords
Patent Holders - Research - Funded - Government

Topic
Law

Link: https://ifory.id/abstract/QRWM3V2K8bDw

Corresponding Author
Heni Hendrawati

Institutions
Faculty of Law, Universitas Muhammadiyah Magelang

Abstract
This study aims to identify the factors causing narcotics abuse and prevention efforts made by the Police. The study was conducted by examining the laws and regulations on narcotics and conducting in-depth interviews with members of the Police in the City of Magelang, Indonesia. The results showed that in 2019, there was a tendency for an increase in drug abuse caused by an individual, family, and environmental factors. The efforts made by the Police in handling narcotics abuse include 1) Establishment of Narcotics free villages in Magelang City in collaboration with the National Unity, Politics and Community Protection Agency (Kesbangpolimas) Magelang City; 2) Implementation of counseling on Prevention, Eradication, and Abuse of Narcotics Dark Circulation (P4GN) which is carried out twice a month at the District level; 3) Socialization in several government agencies and schools in Magelang City about the dangers of drug abuse; 4) Conducting urine test inspections of bus drivers or at entertainment venues or boarding houses and hotels in the city of Magelang which are often used for narcotics abuse and illicit trafficking; 5) Rehabilitation of narcotics addicts in the Mental Hospital.

Keywords
Narcotics Abuse; Police Efforts; Preventing Efforts

Topic
Law

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

Corresponding Author
Dyah Adriantini Sintha Dewi

Institutions
a) Faculty of Law, Magelang, Universitas Muhammadiyah Magelang
Jalan Mayjend Bambang Soegeng km.5, Magelang 56172, Indonesia
*dyahasd[at]ummgl.ac.id

Abstract
Village Government in the Borobudur Temple area is demanded to implement good governance as a form of support for the Government of Indonesias nawacita program. This study aims to analyze the implementation of the principles of good governance in administrative services in the Borobudur Temple area. The approach used in this study is the socio legal research approach by examining the principles of good governance and their application in society. The results showed that there were no service standards in every village in the Borobudur Temple area. In addition, the principles of participation, accountability, and transparency in Good Governance have not yet been applied in the region. Borobudur District Government must strive for standardization of public services in order to prioritize services for tourists visiting the Borobudur Temple area.

Keywords
Public Services; Borobudur Temple; Good Governance in Indonesia

Topic
Law

Link: https://ifory.id/abstract/RYzyWCX76J2g

Corresponding Author
Zulhilmi Rizki Filhaj

Institutions
Faculty of Law Universit of Muhammadiyah Surabaya

Abstract
The Role of Local Government for realizing prosperous state is very important, it-s because Indonesia has the concept of a unitary state and chose the principle of decentralization, which the central government entrusts the government arrangement to the regional government known as autonomy of regions, but in the implementation of regional autonomy it is very difficult to avoid the corrupt practices by unscrupulous local officials, even the practice of corruption has become a scourge for local governments. The main factor that causes is the role of the internal supervisors of government it has not strength, even in their existence as a subordinate regional governance. The problem in this case is how about the strategic method to reconstruct the governance supervision system in the regions. The results in this study are to reduce the occurrence of corruption in local government carried out by strengthening the local government supervision system, several strategic steps include; First, the Government Internal Supervisory Apparatus must be strengthened by law. Second, The role of Regional House of Representative (DPRD) must be returned as the concept of the tries politica by Montesque, namely as controlling the local government in order to realize Check and Balance. Third, Public Participation must be involved because it has an important role to prevent corruption in local government, because in a democratic state without public participation it will be difficult to realize good local governance.

Keywords
Supervisory Law, Local Government, Good Local Governance

Topic
Law

Link: https://ifory.id/abstract/2HtrdTfK7eMg

Corresponding Author
AMRI AMRI PANAHATAN SIHOTANG

Institutions
Semarang University

Abstract
FREEDOM OF RELIGION AS A HUMAN RIGHTS PROTECTION IN INDONESIA By Amri Panahatan Sihotang, Subaidah Ratna Juita, B.Rini Heryanti Faculty of Law, University of Semarang ABSTRACT Religion is a form of human rights. The state must be present in protecting its people in practicing worship according to their respective religions. In society there is a rejection of freedom of religion and belief in Indonesia. This is a proof that there are some parts of Indonesian society who have not been able to accept diversity / plurality. The purpose of this research is to identify, describe and study about religious freedom as a form of protection of human rights in Indonesia and to find out religious freedom in Indonesia as a form of protection of human rights in Indonesia. Normative juridical approach method. Data obtained through legislation, books, and scientific journals. Data analysis methods using descriptive analysis. Recognition of Human Rights (HAM) in Indonesia has been listed in the 1945 Constitution and Legislation: Opening of the 1945 Constitution the first and fourth paragraphs, the Body of the 1945 Constitution, the Stipulation of the MPR and Law No. 39 of 1999 concerning Human Rights article 71 and article 72. Countries that protect human rights for their citizens in religion must be recognized, respected and upheld. Constraints faced in realizing religious freedom are: natural conditions, communication and information, government policies , legislative tool. Efforts are made in realizing religious freedom to form a Human Rights Commission, establish a Human Rights Instrument, form a National Commission on Violence against women and form the Indonesian Child Protection Commission. Human Rights arise from beliefs that all human beings have the same degree. Keywords: Strength, Religious, Human Rights

Keywords
Strength, Religious, Human Rights

Topic
Law

Link: https://ifory.id/abstract/Q9FMC3Yu7kZA

Corresponding Author
Bagya Agung Prabowo

Institutions
Faculty of Law of Universitas Islam Indonesia

Abstract
There is a strong relationship between product innovation and the development of the Islamic bank market. This means that the more innovative the Islamic banks products are, the faster the market will develop. So the weak innovation of Islamic bank products, however, will significantly impact the slow market development (market expansion). Weak product innovation and market development (market expansion) of Islamic banks must be addressed immediately, so that the accelerated development of Islamic banks is faster. In order to respond to the acceleration of the development of Islamic banking, product innovation is needed in the form of the implementation of al-uqud al-murakkabah in the al Murabahah wa ar Rahn contract, because the form of a single contract is considered to be unable to respond to contemporary financial transactions. The main problem is that the implementation of al-‘uqud al-murakkabah in the Murabahah wa ar Rahn contract is not in accordance with the principles of sharia compliance. To overcome various problems, this study adopted an analytical method based on doctrinal content, by applying four types of legal approaches, namely: (i) historical / historical; (ii) Jurisprudence / philosophy; (iii) comparison; and (iv) analytical and critical. In addition, a harmonized approach is also needed to align sharia banking product innovation with sharia compliance principles.

Keywords
Al-uqud al-murakkabah, al Murabahah wa ar Rahn, Shariah Compliance

Topic
Law

Link: https://ifory.id/abstract/R8mfGUk3TQjc

Corresponding Author
arif firmansyah

Institutions
(a) faculty of Law
Bandung Islamic University
(b) faculty of Law
Bandung Islamic University

Abstract
Land reform is an overhaul of ownership and control of agricultural land and legal relations related to land acquisition. the purpose of holding land reform is to enhance the income and standard of living of smallholder farmers as a foundation or prerequisite for carrying out economic development towards a just and prosperous society based on Pancasila. The purpose of the land reform implementation is by the government distributing land to the community (farmers) by giving ownership rights, but the ownership rights cannot be traded for 10 years and there must be an authorized permit. This is contrary to the concept of ownership rights in the UUPA, which states that property rights are hereditary, strongest, fulfilled rights that people can have on land by looking at Article 6 regarding social functions. The strongest meaning of ownership rights over land is stronger than other ownership rights and does not have a term. The method used in this research is normative juridical which prioritizes secondary data in the form of primary legal materials, secondary legal materials, and tertiary legal materials. Then the secondary data is described and analyzed using the theory of land law in the UUPA.

Keywords
land, reform, right

Topic
Law

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

Corresponding Author
Nugraha Pranadita

Institutions
Master of Law Study Program, Postgraduate School, Nusantara Islamic University
Jalan Soekarno Hatta Number 530 Bandung 40286, West Java, Indonesia

Abstract
The ease with which technological developments in various midwives can be provided through the use of devices with artificial intelligence have authorized the technology to act outside human orders. The impact of the use of authorization by devices that use artificial intelligence generally has a positive effect, but it does not rule out the possibility of having a negative impact which results in violation of the law. In this case there needs to be legal responsibility for the use of the device with the intended artificial intelligence. The purpose of this study is to determine the legal subject that must be held responsible for the negative impact of using the device with artificial intelligence. The research method used is normative juridical research with a concept approach. The results of the study are knowledge of legal subjects related to the use of devices that use artificial intelligence that has a negative legal impact. The conclusion of the study is that legal subjects are responsible in all aspects of related law.

Keywords
concept, responsibility, law, and artificial intelligence

Topic
Law

Link: https://ifory.id/abstract/kcteWJ9gZQdP

Corresponding Author
Edi Setiadi

Institutions
Universitas Islam Bandung

Abstract
There are two criminal offenses that are interconnected, namely money laundering and human trafficking. Both are transnational crimes. Money laundering is a predicate crime from human trafficking. The problem in this research is how the cohesion and relation of money laundering and human trafficking. The results of the research prove that the proceed of crime is the blood of the crime meaning that the results of the crime are the blood that supports the crime itself as well as the weak point of the crime. Thus the effectiveness of the law will get a touchstone whether Law No. 8 of 2010 can be used as a tool to eradicate human trafficking.

Keywords
money laundering, human trafficking, law enforcement.

Topic
Law

Link: https://ifory.id/abstract/Cg8PDk6p7yZW

Corresponding Author
Roifatus Syauqoti

Institutions
University of Darussalam Gontor

Abstract
Murabaha contract is a contract that dominates all financing in Islamic banking. The precautionary principle of risk and loss is the backgroud of Islamic banks in choosing murabaha contract as a superior contract. Murabaha contract applied by Islamic banks has been modified and adapted so that it can be adjusted to the current situation. But this modification that sometimes leads to disobedience of Islamic banks to Islamic principles. This research is a library research with inductive analysis which can than be concluded. From the research it can be concluded that the factors that cause noncompliance of Islamic banking include the different definition of murabaha from the regulators so that it causes different understanding, as well as the presence in the purchase of goods.

Keywords
Murabaha, Islamic banks, Sharia compliance

Topic
Law

Link: https://ifory.id/abstract/WkCM72Gu6qV3

Corresponding Author
Edi Setiadi

Institutions
a) Fakultas Hukum, Universitas Islam Bandung
Jalan Ranggagading No.8 Bandung 40116, Indonesia
*rektorunisba17[at]gmail.com
b) Fakultas Dakwah, Universitas Islam Bandung
Jalan Ranggagading No.8 Bandung 40116, Indonesia
mareff50[at]yahoo.co.id
c) Fakultas Komunikasi, Universitas Islam Bandung
Jalan Tamansari No.1 Bandung 40116, Indonesia
mareff50[at]yahoo.co.id

Abstract
This study examines the development of the quality of Islamic spirituality and the improvement of religiousity especially for lecturers and education personnel at University Islam Bandung. The aim is to explore and analyze the level of bound of lecturers and educational personnel to the development of Islamic spirituality as meaning systems that are seen through individual behavior based on religious motivation. This study used a qualitative approach with phenomenological methods through the cycle process identified in three phases repeatedly. Data collection techniques were carried out through participant observation, literature review, in-depth interviews, and Focus Group Discussion which were followed by UNISBA leaders from the foundation leadership, Chancellor and Vice Chancellors, Deans and Chairpersons to the level of Chair of the Study Program and Head of Division.. To complete this study also used historical analysis, comparison, and heuristics. The results achieved were the formulation of a model for increasing the religiousity and development of the Islamic spirit, and in turn it was expected to be used as a model by other Islamic universities. This study becomes very important, because the Islamic spirit can move the direction of education, the foundation of all activities, supporting knowledge and soft skills. The development of Islamic spirituality and the improvement of religiosity have an interdependence relationship. Islamic spirit will develop if the level of religiousity is relatively high. Conversely, the level of religiousity will be even higher if the Islamic spirit continues to be developed

Keywords
Religiosity, Islamic Value (Ruhul Islam).

Topic
Law

Link: https://ifory.id/abstract/Uv3wuWx7pNVQ

Corresponding Author
Dian Alan Setiawan

Institutions
Faculty of Law, Bandung Islamic University
Jalan Ranggagading No. 8 Bandung 40116

Abstract
The implementation of sanctions against criminal offenses related to the protection of the convicted person and his contribution to recovering state losses which must be returned to the necessary model of corruption, which requires deterrent power and restoring the country. This research is intended (1) (2) To find an ideal model of imprisonment in dealing with corruption. This study uses a normative juridical approach that examines the principles of law, rules / norms, institutions and legal processes. The type of data used in this study is secondary data relating to primary legal materials such as the Criminal Law Act (KUHP), Law No. 31 of 1999 concerning Eradication of Corruption Crimes Jo Law No. 20 of 2001, Government Regulations, Supreme Court Regulation No. 5 of 2014 concerning Criminal Payment of Replacement Money in Corruption, Jurisprudence of the Supreme Court, International Conventions such as the United Nations Convention Against Corruption. The technique of collecting data in this study uses a literature study that is analyzing reading sources that analyze scientifically such as books, accredited Dikti scientific journals and Reputable International Journals. The analytical method used is qualitative. The results show that this research proves that this study proves that this study discusses financial problems related to financial problems related to financial problems relating to the state and an assessment of the state. 31 of 1999 concerning Eradication of Corruption Crime that provides an opportunity for convicted individuals to choose to pay money to support the court. In reality, the convicted person prefers prison sentences rather than paying the sum insured, as a result the state continues to suffer losses. The ideal model for applying money sanctions is to carry out a confiscation from the beginning if it needs money one month after the courts decision is legally binding (inckracht van bewisjde), to be implemented since the investigation is set up. This confiscation is an act in violation of the rules to break through rigidity in written law and anticipate that the money intended for money is not diverted to others and facilitates the prosecutor to request a guarantee for the settlement of the proceeds.

Keywords
Keywords: Criminal Sanctions, Corruption, Replacement Money

Topic
Law

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

Corresponding Author
Neni Ruhaeni

Institutions
Faculty of Law, Bandung Islamic University

Abstract
The success of the Soviet Union in launching the Sputnik I Satellite in 1957 marked the start of space exploration. The advancement of the outer space science and technology has made it possible and opened up considerable opportunities for states and certain parties to carry out activities in outer space. Hence, in its development, outer space activities will continue to increase. This has paved the way for the formation of space law. At present, exploration of outer space activities is dominated by developed countries which have the power of space technology. This article will discuss the Islamic perspective regarding outer space exploration which has been implicitly stated through several verses in the Quran. The results of this study would provide spirit especially for Muslims to be able to answer the challenges of Allah SWT to explore the outer space with the power of knowledge.

Keywords
Exploration, Outer Space, Islamic Point of View

Topic
Law

Link: https://ifory.id/abstract/eBa78fG2gTrA

Corresponding Author
Deswita Rosra

Institutions
Faculty of Law, Bung Hatta University
By Pass Aie Pacah, Padang 25586, Indonesia

Abstract
The purpose of this paper is to discover the readiness of Padang City Government in facing ASEAN Economic Community (AEC). The execution of AEC drives the ASEAN countries to improve their economic situation in dealing with global competition stream. This research uses sociological approach to law, which uses data from interview and literature study analyzed qualitatively. The research result shows that Padang City Government developing all region potentials to face AEC, by preparing the self-quality and improving the economic capacity in order to being able to compete with other ASEAN countries. AEC is a great opportunity, which also a challenge and an obstacle to be faced by Padang City Government in specific and Indonesian Government in general.

Keywords
Readiness; Challenge; Implementation; AEC

Topic
Law

Link: https://ifory.id/abstract/UvCEfp8nbT63

Corresponding Author
Jejen Hendar

Institutions
Bandung Islamic University

Abstract
Indonesia is not only the worlds largest archipelago country but a country with a Muslim population in the world. With the number of the majority Muslim population in Indonesia, all activities that are conducted will intersect with Un-Islamic activities. Social activities of any heavy emphasis on activities that are Islamic. Islamic philanthropy is one of the social events in Islam that includes Zakah, infak, shodaqoh and communal ownership. The goals of this research are expected to be aware of the problem and the prospect of Islamic philanthropy setting in Indonesia. This research uses the juridical normative method. Indonesia is a unitary State instead of Islamic countries has been philanthropy which is accommodating Islam through legislation, of which the first is Act No. 23-year 2011 about the management of Zakat, in the Act is described with regard to the provisions in the exercise of charity, given also the provisions on the implementation of the infak and the like, and shodaqoh where management and distribution. Both Act No. 41 of the 2004 year Waqf, in this Act, explain about the management of endowments as well as provisions regarding the Waqf. With this setting, the many social activities that norm into positive law, for some businessmen make it burdensome, with a large number of regulations concerning the social activity. On the other hand with these settings become opportunities for Muslim entrepreneurs in conducting social activities of his company, not only will get social values alone but get the value of worship.

Keywords
Islamic Philanthropy, regulation, Problems and Prospects.

Topic
Law

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

Corresponding Author
Yana Suryana

Institutions
Doktor Ilmu Hukum
Universitas Islam Indonesia
Yogyakarta
Indonesia
yana.soeryana[at]gmail.com

Abstract
Abstract This research aimed to show the relationship of husband authority in the form of intervention on wife political rights. The collection of data was carried out through interviews, observations, and literature studies in order to help answering the research questions. The results showed that the husband intervened in his wifes political rights. This was what escaped the attention of governments and gender drivers in protecting the political rights of wives. So far, the government has not maximally protected the rights of wives in the public sphere. Whereas the private/family institution is the root of the wifes political rights being unprotected. Thus, the family institution becomes the first place to lose the wifes independence in obtaining her political rights.

Keywords
political rights, wife, husband

Topic
Law

Link: https://ifory.id/abstract/x3zQEdvRmgMT

Corresponding Author
Nimatul Huda

Institutions
Faculty of Law, Universitas Islam Indonesia

Abstract
As part of the international community, Indonesia is an active country to participate at international treaties. To show it commitments, Indonesia has been adopted those treaties into domestic legal system. However, the existing law does not regulate the clear status of the treaties ratified by Indonesia. It is merely regulate about two classifications of treaties whether it needs parliament approval or not. With this situation, this study proposes a new model procedural legislation for the adoption of international treaties under Indonesian domestic law. With normative legal methodology, this study concludes that any effort from Indonesia to ratify treaties must be delivered to the house of representative at the beginning of process before ratification. This must be assisted with the academic research which contains the holistic explanation why the Government should ratify the treaty. The statutory law on treaty ratification must not only mentioning the ratification decision but also specifyng the whole provisions of the treaty that shall has direct binding effect in Indonesian territory.

Keywords
Treaty, Ratification, House of Representative

Topic
Law

Link: https://ifory.id/abstract/xVJQRqZcCap3

Corresponding Author
Dini Dewi Heniarti

Institutions
Bandung Islamic University

Abstract
Related to the Indonesian National Army (Tentara Nasional Indonesia/TNI) in combating terrorism in Indonesia must be based on operational reasons. Throughout the history of combating terrorism in Indonesia. The role and invitation of the TNI is also regulated in statutory regulations, including TNI Law No. 34 of 2004, as part of the main task of military operations other than war (OMSP). In its development, the modus operandi of terrorism is increasingly diverse, including hostage taking, large-scale terror attacks or acts of terrorism as part of a rebellion campaign involving territorial control and the use of force complemented by arrangements conducted in the Middle East and the Philippines. In these scenarios, the state can utilize the anti-terror qualifications required by units in accordance with military command and other units required. TNI Operations in the context of overcoming acts of terrorism are needed to initiate, take action and improve. Monitoring, prevent early, early detection to action. So everything will be done in one Military Operations Activity Other Than War. The involvement of the TNI in combating terrorism depends on the scale or level of danger arising from every act of terror. That is, Joint special operations command (Koopsusgab) will only be held through special operations to carry out high-level terrorist acts. This engagement is understood based on an understanding of terrorism cannot be accepted only as a follow-up to freedom. The threat of terrorism must also be seen as a threat to the defense of the Republic of Indonesia.

Keywords
Indonesian National Army, terrorism, scale of danger, military operations other than war

Topic
Law

Link: https://ifory.id/abstract/rjHW9wG36Dmt

Corresponding Author
Mahrus Ali

Institutions
Faculty of Law Universitas Islam Indonesia

Abstract
This study is aimed at analyzing the inadequacy of theories on causality in criminal law to be applied to the offenses of environmental damage/pollution, and ideas about its use in relation to characteristic of environmental offense. This study belongs to normative legal research using the statutory, philosophical, and conceptual approaches. The study reveals that today, the environmental is philosophically placed both as a legal interest and victim of crime. Such crimes can directly threat or harm the environment. The environmental damage pollution also threatens the rights of future generations to enjoy clean and healthy environment as an impact of principle of ubiquity. The amount of environmental damage is also difficult to calculate and the time span can occur decades later after the crime was committed. Therefore, the proof of causality must shift from the proof of factual consequences to the proof of effect under the basis of prediction of scientific knowledge. The transformation of scientific evidence into legal evidence is the main key in proving the emerge of environmental damage/pollution.

Keywords
Environmental offense, causality principle, scientific evidence, legal evidence

Topic
Law

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

Corresponding Author
Taufik Rachmat Nugraha

Institutions
Padjadjaran University

Abstract
Indonesia has many cultural heritages, which coming from various era. Commonly the protection of cultural heritages had focused on land-based site. Such as in Morotai, and the Java Sea which has numerous pre-Indonesian era up to world war II artefact such as Shipwreck, Airplane and its weapon which persisted underwater, and this artefact is essential for as historical document basis. However, the current condition of these artefacts is poorly damage, or on another hand almost disappear, and mostly caused by human hand. Indonesian Government shall realize the importance of underwater cultural heritage protection (herein referred to as UCH). UU No. 11 Tahun 2010 (Herein referred as Cultural Heritages Protection Act 2010) regarding cultural heritage site protection has no legal basis for this kind of protection. This paper will discuss the urgency of Indonesian Government ratified underwater cultural heritage convention to protect its underwater site, through comparison studies between countries has enacted their UCH national legislation. Ultimately this paper will make a suggestion which could be implemented in the further amendment of Cultural Heritages Protection Act 2010 or enacted specific UCH national legislation.

Keywords
UCH, Indonesian Cultural Heritage, Protection

Topic
Law

Link: https://ifory.id/abstract/fJMYZPeEkt6V

Corresponding Author
Dyah Adriantini Sintha Dewi

Institutions
Universitas Muhammadiyah Magelang
*dyahasd[at]ummgl.ac.id

Abstract
Non-autonomous Utilization policy has an impact on the use of villages funds not following community needs. One contributing factor is the emergence of regulations governing the technical use of village funds, from planning, implementation to reporting. This research aims to formulate an effective model of village fund management to improve community welfare. The method used in this research is empirical legal research, which allows researchers to be able to interact directly with the community in gathering research material. The research object was determined purposively in Borobudur District. The data obtained were then analyzed and presented qualitatively by the inductive method. The results showed that the Borobudur Village Government had developed innovations in the use of village funds through the mechanism of equity participation in the Village Owned Enterprises (BUMDes). This innovation was carried out by referring to the laws and regulations concerning the use of village funds, including Law No. 6 of 2014 concerning Village Funds. BUMDes is a collective economic activity between the village government and the village community. This condition can be seen in the construction of the Village Control Center (Balkondes) as a means to support rural tourism, which has implications for the Village Budget and Revenue.

Keywords
Village funds; Non-autonomous Policy; Village Funds Management Model; Participation Policy

Topic
Law

Link: https://ifory.id/abstract/qe2ATtC7mkvH

Corresponding Author
Eka An Aqimuddin

Institutions
a) Faculty of Law, UNISBA
*eka.an.aqimuddin[at]gmail.com

Abstract
International law was assumed as a set of rule that regulate inter-nation relationship. In other words, international law existence shall be preceded by the existing of states. Indonesia, as nation state, proclaimed its independence on August 17th 1945. It means before proclamation, international law never exist in Indonesia territory. This proposition makes author interested to explore more deeply practice of international law in Indonesia. The article use interdisciplinary method which are legal normative and history. Legal normative used to seek the interpretation of international law and history will use to look up evolution international law practice in Indonesia.

Keywords
International Law, Indonesia, History

Topic
Law

Link: https://ifory.id/abstract/gtZ2W87JrY4a