Proceedings of the 2nd International Conference on Fundamental Rights, I-COFFEES 2019, 5-6 August 2019, Bandar Lampung, Lampung, Indonesia最新文献

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The Possibility of Village Development: Village Regulation Formulation and Its Challenges 乡村发展的可能性:乡村法规的制定及其挑战
Rudy Rudy, Yusnani Hasyimzum, Siti Khoiriah, P. RoroW
{"title":"The Possibility of Village Development: Village Regulation Formulation and Its Challenges","authors":"Rudy Rudy, Yusnani Hasyimzum, Siti Khoiriah, P. RoroW","doi":"10.4108/EAI.5-8-2019.2308640","DOIUrl":"https://doi.org/10.4108/EAI.5-8-2019.2308640","url":null,"abstract":"The new constitutionalism is giving the village new stance within Indonesia \u0000state relation. This is creating the new relation between the state and village and open wide possibility for village development. As one of the authority of the village, the authority for the formulation the village regulation maybe the key to open those possibility. Thus, The need for good regulations is very urgent in this new development \u0000since village regulation is become the foundation of village autonomy. Within the \u0000analysis above, this research test the possibility of the development through the \u0000formulation of the village regulation on two village in Lampung namely Way Empulau \u0000Ulu di West Lampung and Tanjung Setia Village in West Coast. In other side, \u0000government has enacted many regulations to govern the management of village and has \u0000made possibility to halt the development of village. This is based on the assumption that more regulation means more barrier for village formulation as Indonesia is using the model of hierarchy of law. This paper found that village regulation formulation success is \u0000depend on the political will of the people and the collaboration with legal drafter is needed to achieve the goal of village development using the formulation of village regulation.","PeriodicalId":224997,"journal":{"name":"Proceedings of the 2nd International Conference on Fundamental Rights, I-COFFEES 2019, 5-6 August 2019, Bandar Lampung, Lampung, Indonesia","volume":"9 5","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132643596","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Non-Custodial Sanctions Policy in Renewing the Criminal System in Indonesia (Study of Non-Custodial Sanction Approaches in Draft Law of the Criminal Law) 印尼刑事制度更新中的非拘禁制裁政策(刑法草案非拘禁制裁途径研究)
Rini Fathonah, S. Sunarto, Mashuril Anwar
{"title":"Non-Custodial Sanctions Policy in Renewing the Criminal System in Indonesia (Study of Non-Custodial Sanction Approaches in Draft Law of the Criminal Law)","authors":"Rini Fathonah, S. Sunarto, Mashuril Anwar","doi":"10.4108/EAI.5-8-2019.2308635","DOIUrl":"https://doi.org/10.4108/EAI.5-8-2019.2308635","url":null,"abstract":". Non-custodial sanctions are formulated in the Law Draft on the National Criminal Code (RUU KUHP) with various forms and criteria in terms of their application, as determined in Article 70 of the Criminal Code Bill. The problem in this research is what is the philosophical basis for determining non-custodial sanctions policies in the Criminal Code Bill is? Moreover the study searches for the crime and how the measurement/criteria in determining the appropriate non-custodial sanctions imposed on the perpetrators of criminal acts based on the Criminal Code Bill. This study aims to examine and analyze the philosophical basis for determining non-custodial sanctions policies in the Criminal Code Bill, as well as studying and analyzing criminal acts and measures/criteria in determining the appropriate non-custodial sanctions imposed on perpetrators of criminal acts based on the Criminal Code Bill. This research is a normative study using secondary data obtained from library materials. Results showed, in essence, the philosophical basis for determining non-custodial sanctions policies in Criminal Code Bill respecting and upholding human rights, and creating a balance based on religious, moral values of divinity, humanity, nationality, citizenship, and social justice for all people Indonesia. Furthermore, the imposition of non-custodial sanctions for perpetrators of crime guided by the provisions of Article 71 of the Criminal Code Bill. Based on the results of the study, it is recommended that the Criminal Code Bill immediately passed into law and non-custodial sanctions prioritized by law enforcement in handling criminal cases.","PeriodicalId":224997,"journal":{"name":"Proceedings of the 2nd International Conference on Fundamental Rights, I-COFFEES 2019, 5-6 August 2019, Bandar Lampung, Lampung, Indonesia","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126851470","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Role of Interreligious and Intercaste Marriages in Achievement of the Constitutional Goal of Unity and Integrity in India 跨宗教和跨种姓婚姻在实现印度统一和完整的宪法目标中的作用
Deepti Khubalkar
{"title":"Role of Interreligious and Intercaste Marriages in Achievement of the Constitutional Goal of Unity and Integrity in India","authors":"Deepti Khubalkar","doi":"10.4108/EAI.5-8-2019.2308556","DOIUrl":"https://doi.org/10.4108/EAI.5-8-2019.2308556","url":null,"abstract":". Since ages, the Indian social system is governed on the basis of caste. According to the old scripts such as Manusmriti, work was divided amongst the people in Indian ancient society on the basis of caste, in which some of the communities were treated as lower caste because of the nature of the work distributed to them under the social arrangement. However, the system proved fatal in due course and resulted in the gross violation of human rights of backward caste. After independence, the Constitution of India, in 1950 provided special provisions in favor of backward category in educational institutions and public employment. In absence of clarity and definite criteria of deciding a caste as a backward category, various communities and caste claiming to be backward in nature started demanding reservations and benefits. From time to time, Government of India included these castes in schedule caste list and declared reservations by suitable amendments in the respective laws. Recently, in India, there is a great demand by the open category for removal of reservation on the basis of caste in the educational field in order to save merit. This scenario has created a new division of society into the open category and reserved category. Certain unpleasant incidences are alarming these days. And it is very clear that even after 72 years of Independence, the Indian legal system has failed to solve the issue of casteism in India. In this background, the researcher has tried to throw light on the role of Intercaste and Interreligious marriages in removing the caste system and bringing unity and integrity amongst the personages which is one of the Constitutional goal enshrined in the preamble of the Constitution.","PeriodicalId":224997,"journal":{"name":"Proceedings of the 2nd International Conference on Fundamental Rights, I-COFFEES 2019, 5-6 August 2019, Bandar Lampung, Lampung, Indonesia","volume":"21 10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124507040","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Assignments Method in Infrastructure Development: Opportunities And Challenges 基础设施开发中的任务分配方法:机遇与挑战
Ricca Anggraeni, Cipta Indra Lestari Rachman, Indah Mutiara Sari
{"title":"Assignments Method in Infrastructure Development: Opportunities And Challenges","authors":"Ricca Anggraeni, Cipta Indra Lestari Rachman, Indah Mutiara Sari","doi":"10.4108/EAI.5-8-2019.2308633","DOIUrl":"https://doi.org/10.4108/EAI.5-8-2019.2308633","url":null,"abstract":". Infrastructure, has become a pride in President Joko Widodo's government. Various policies were decided to support infrastructure development including the method of Public Private Partnership (PPP) as outlined in Presidential Regulation No. 38 of 2015. However, the provisions regarding the selection of an Implementing Business Entity (IBE) of infrastructure that should have been carried out only through 2 (two) methods, namely auction or direct appointment, in practice were broken by the government itself by using other methods, namely assignments, as what happened in the construction of Light Rail Transit infrastructure integrated (LRT) for Jakarta, Bogor, Depok and Bekasi. Of course this becomes a problem that must be clarified, regarding the opportunity to do the assignment method, and what conditions makes the government use the assignment method to select the implementing business entity of infrastructure. Then, what are the potential conflicts of interest in the assignment method? This problem is solved through research based on a normative approach using the secondary data.","PeriodicalId":224997,"journal":{"name":"Proceedings of the 2nd International Conference on Fundamental Rights, I-COFFEES 2019, 5-6 August 2019, Bandar Lampung, Lampung, Indonesia","volume":"110 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130120840","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Legal Protection of Ulayat Rights: Contextualization and Policies 乌拉亚特权利的法律保护:语境化与政策
C. Perbawati, Malicia Evendia
{"title":"Legal Protection of Ulayat Rights: Contextualization and Policies","authors":"C. Perbawati, Malicia Evendia","doi":"10.4108/EAI.5-8-2019.2308554","DOIUrl":"https://doi.org/10.4108/EAI.5-8-2019.2308554","url":null,"abstract":"The constitution has mandated that the existence of customary law communities and their rights as long as they live still be recognized and respected. This was supported by various national and sectoral laws and regulations which also recognized and respected the customary rights of indigenous peoples, but in its implementation customary land conflicts continue to occur. From the legal aspect, this condition occurs because there is no legal umbrella to protect the existence of customary law communities at the regional level. This research was conducted to protecting of ulayat lands of customary communities with doctrinal legal research methods. The results of this study show that First, regional authority in protecting indigenous peoples is obtained from two legal regimes, the regional government legal regime in Law No. 23 of 2014 concerning Regional Government and sectoral legal regimes in the fields of land, forestry and human rights. Second, the contextualization of legal protection of ulayat land rights for customary law communities by local governments can be done by establishing a Regional Regulation as a Legal Policy, so that local governments are advised to immediately form regulations that contain and protect customary land rights for customary law community.","PeriodicalId":224997,"journal":{"name":"Proceedings of the 2nd International Conference on Fundamental Rights, I-COFFEES 2019, 5-6 August 2019, Bandar Lampung, Lampung, Indonesia","volume":"149 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129821313","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Legal Protection for Bitcoin Users in Criminal Acts of Fraud in Indonesia 印尼比特币用户在犯罪欺诈行为中的法律保护
Desia Rakhma Banjarani, S. Airlangga, Sri Sulastuti
{"title":"Legal Protection for Bitcoin Users in Criminal Acts of Fraud in Indonesia","authors":"Desia Rakhma Banjarani, S. Airlangga, Sri Sulastuti","doi":"10.4108/EAI.5-8-2019.2308587","DOIUrl":"https://doi.org/10.4108/EAI.5-8-2019.2308587","url":null,"abstract":"This paper discusses legal protection in criminal law for bitcoin users in Indonesia. Bitcoin has not been specifically regulated in Indonesian laws and regulations; even the Indonesian government has made a clear statement regarding the illegitimacy of bitcoin. Bitcoin fraud raises new issues related to legal protection for its users in Indonesia. The research method used is normative legal research, with the statue approach and case approach. This study uses secondary legal data. The results of the study indicate that bitcoin does not have a positive legal arrangement in Indonesia. Even so, bitcoin can be a legitimate payment instrument in Indonesia with several conditions being fulfilled, such as not easily damaged, good quality, cannot be faked, easy to carry, and has a stable value. Whereas in terms of legal protection for users of bitcoin in Indonesia based on Article 28D of the Constitution of the Republic of Indonesia in 1945. Although bitcoin is not explicitly stated in Law Number 11 of 2008 concerning Information and Electronic Transactions, this law can be used as its legal basis, because bitcoin is included in the form of electronic transactions. The Criminal Code can be a threat to the perpetrators of bitcoin fraud.","PeriodicalId":224997,"journal":{"name":"Proceedings of the 2nd International Conference on Fundamental Rights, I-COFFEES 2019, 5-6 August 2019, Bandar Lampung, Lampung, Indonesia","volume":"52 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124599424","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Judicial Corruption: A Paradox of the Criminal Justice System in the Law Enforcement on Corruption Crime in Indonesia 司法腐败:印尼腐败犯罪执法中刑事司法制度的悖论
S. Haryadi, Nurlaili Husna
{"title":"Judicial Corruption: A Paradox of the Criminal Justice System in the Law Enforcement on Corruption Crime in Indonesia","authors":"S. Haryadi, Nurlaili Husna","doi":"10.4108/EAI.5-8-2019.2308666","DOIUrl":"https://doi.org/10.4108/EAI.5-8-2019.2308666","url":null,"abstract":". The criminal justice system in Indonesia today illustrates a paradoxical situation in law enforcement on corruption. On the one hand, the society have great expectation that the criminal justice system can eradicate corruption, on the other hand, law enforcement officers such as national police investigator, public prosecutor, and judge, in their own way continue to weaken law enforcement by committing judicial corruption. The basic problem is how the natures of characters of judicial corruption crime that lead to the paradox of law enforcement on corruption are. Judicial corruption in the criminal justice system can be interpreted as a crime committed by law enforcement officers, such as police investigator, public prosecutor, or judge, who is handling a corruption case, by plotting the case as if the suspect was innocent though he/she is guilty, it is then plotted as if it was a trifle. Therefore, the legal process is reduced as a means of gaining benefit and personal wealth. Some of them are just formal procedure for implementing the law. This is the paradox of the criminal justice system in law enforcement on corruption in Indonesia. Judicial corruption has mostly affected law enforcement officers’ life by deviating from law enforcement. The results of the analysis, the natures of judicial corruption crime committed by law enforcement officers in the criminal justice system form mental constructions which tend to damage and weaken the law, namely: (1) disregard of the law, (2) cherry-picking, (3) limiting the legal’s reach, (4) narrowing the meaning of the law, (5) exploiting the severity of the sentence.","PeriodicalId":224997,"journal":{"name":"Proceedings of the 2nd International Conference on Fundamental Rights, I-COFFEES 2019, 5-6 August 2019, Bandar Lampung, Lampung, Indonesia","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128534351","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
National Health Insurance: Realizing A Better Public Service and Guaranteeing the Citizens' Constitutional Rights 全民健康保险:实现更好的公共服务,保障公民的宪法权利
A. Triono, Bayu Sujadmiko
{"title":"National Health Insurance: Realizing A Better Public Service and Guaranteeing the Citizens' Constitutional Rights","authors":"A. Triono, Bayu Sujadmiko","doi":"10.4108/EAI.5-8-2019.2308552","DOIUrl":"https://doi.org/10.4108/EAI.5-8-2019.2308552","url":null,"abstract":". National health insurance based on Law No. 24 of 2011 implemented on January 1, 2014 is a manifestation of the state's responsibility to fulfill the health care rights for all citizens. Nevertheless, this national policy has not been well received by the community. Not only because it has just started so that the service provided is not optimal, but also it is stated to contain elements of usury, which is contrary to Islamic law followed by a majority of the population in Indonesia. This article will discuss whether national health insurance is an alternative towards better public services or interventions of religious freedom, and how to implement a national health insurance program that can be well accepted by the whole community. National health insurance as an alternative in fulfilling the right to health care services has not been implemented optimally and even tend to discriminate against the poor people. It happens because of limited funding from both government and local governments influencing the lack of accessibility of the poor in this program. In addition, this program also contains an element of uncertainty, an element of gambling, and usury, which is contrary to the teachings of Islam. Therefore, the government should implement this program by using the excellent service standard as a general principle of the new public services and doing synchronization with Islamic law as the religious norms that followed by the largest population in Indonesia. It is important to protect the right in implementing the teachings of religion as a constitutional right.","PeriodicalId":224997,"journal":{"name":"Proceedings of the 2nd International Conference on Fundamental Rights, I-COFFEES 2019, 5-6 August 2019, Bandar Lampung, Lampung, Indonesia","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131273804","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Existence of Financial Services Authority in Handling Illegal Financial Technology Companies 金融服务监管机构在处理非法金融科技公司中的存在
S. Sunaryo
{"title":"The Existence of Financial Services Authority in Handling Illegal Financial Technology Companies","authors":"S. Sunaryo","doi":"10.4108/EAI.5-8-2019.2308667","DOIUrl":"https://doi.org/10.4108/EAI.5-8-2019.2308667","url":null,"abstract":". Financial technology (fintech) companies grow rapidly in Indonesia. Besides the existence of fintech which can help society in accessing financial products, it can also give the negative impacts that can harm society, for example is the high number of infringement complains towards illegal fintech companies. This status quo is not consentient with the aims of Law Number 21 of 2011 about Financial Services Authority (FSA) which focuses on sustainability and stability of financial services sector growth and protecting consumer and society’s interest. The aim of this study is to fully elaborate the existence of FSA that contains FSA’s duties, authorities, and obstacles in handling illegal fintech companies. The design of this study is an empiric normative law with a descriptive type and applied law approach. The result of this study shows that FSA has duty and function in organizing system setting and controlling financial services sector. FSA not only has authority to establish operational policy and administrative penalty for the companies who break laws, but also to prevent disadvantages, give service to the consumer’s denunciation, and give law defense for consumer’s behalf. The obstacles which face FSA in handling the existence of illegal fintech companies is coming from both internal and external side.","PeriodicalId":224997,"journal":{"name":"Proceedings of the 2nd International Conference on Fundamental Rights, I-COFFEES 2019, 5-6 August 2019, Bandar Lampung, Lampung, Indonesia","volume":"102 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126748956","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Telemedicine’s Patients and Their Protection: What Does The International Law Offer? (A Perspective From Indonesia) 远程医疗的患者及其保护:国际法提供了什么?(印尼视角)
Melly Aida, O. Davey
{"title":"Telemedicine’s Patients and Their Protection: What Does The International Law Offer? (A Perspective From Indonesia)","authors":"Melly Aida, O. Davey","doi":"10.4108/EAI.5-8-2019.2308592","DOIUrl":"https://doi.org/10.4108/EAI.5-8-2019.2308592","url":null,"abstract":". The international law has always been one to introduce new things for the sake of human kind’s progress. With its uniqueness of connecting through the world, the international law is also available of adjusting the life of humanity. Besides of prioritizing health, education, and welfare, the pressure of globalization has taken us to the front door of a developed globalization, which in this case can be seen from the modern life of technology. Thus, it would a better option for law experts to acknowledge the ways of embracing technology through the crisis matter of all time, health. Telemedicine would be a great example of any hypothesis regarding to balancing health and technology without neglecting the idea of its possibilities to be enhanced in developing countries such as Indonesia. Therefore, it is important to understand the regulation regarding to telemedicine and the provided legal protection for its patients based on the international in order to realize health advancement of Indonesia’s citizens evenly. This research could be taken advantage by stakeholders in the health sectors. The method used is normative law research with focus of purpose on fact findings, problem identifications, and problem solution.","PeriodicalId":224997,"journal":{"name":"Proceedings of the 2nd International Conference on Fundamental Rights, I-COFFEES 2019, 5-6 August 2019, Bandar Lampung, Lampung, Indonesia","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125048738","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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