Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019)最新文献

State-Owned Enterprises Restructuring Through Holding Company in Responding Bankruptcy in Subsidiaries 国有企业控股重组应对子公司破产

Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019) Pub Date : 2019-10-01 DOI: 10.2991/icglow-19.2019.46

D. Nuryanto, A. Sulistiyono, Pujiyono

{"title":"State-Owned Enterprises Restructuring Through Holding Company in Responding Bankruptcy in Subsidiaries","authors":"D. Nuryanto, A. Sulistiyono, Pujiyono","doi":"10.2991/icglow-19.2019.46","DOIUrl":"https://doi.org/10.2991/icglow-19.2019.46","url":null,"abstract":"The present study aims to determine StateOwned Enterprises (SOEs) restructuring through holding companies in responding bankruptcy in subsidiaries. It is also initiated by the issue of bankruptcy as a risk that can occur both on holding company and its subsidiaries in a holding company of the SOEs. If subsidiaries are in bankruptcy, the SOEs are not a trivial matter to face this possibility since the position of the subsidiaries and holding company are separate. The present study was conducted using normative juridical. It concludes that, first, although a holding company was formed, the holding company and its subsidiaries as separate and independent companies in carrying out their activities were each limited by the existence of separate legal entities and limited liability. Second, bankruptcy in subsidiaries included in SOEs holding companies could occur and the form of liability of holding companies which are that of in SOEs were limited to the shares. Besides, if the SOEs holding companies caused bankruptcy in subsidiaries in managing financial management, the liability could expand. KeywordsBankruptcy, Subsidiaries, Holding.","PeriodicalId":246077,"journal":{"name":"Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019)","volume":"71 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115440406","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: 2

Legal Text Translation: Translation Quality of H.L.A. Hart’s the Concept of Law 法律文本翻译:哈特《法律概念》的翻译质量

Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019) Pub Date : 2019-10-01 DOI: 10.2991/icglow-19.2019.89

Hanifa Pascarina, Y. Saefudin

引用次数: 1

Politics of Law of Imposing Income Tax (PPh) Based on Micro, Small and Medium Enterprises (MSMEs) with Justice Value Base to Increase Voluntary Tax Compliance in Industrial Revolution 4.0 Era 工业革命4.0时代下基于正义价值基础的中小微企业所得税征收法律政治学

Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019) Pub Date : 2019-10-01 DOI: 10.2991/icglow-19.2019.73

Amin Purnawan, Akhmad Khisni, Aryani Witasari

{"title":"Politics of Law of Imposing Income Tax (PPh) Based on Micro, Small and Medium Enterprises (MSMEs) with Justice Value Base to Increase Voluntary Tax Compliance in Industrial Revolution 4.0 Era","authors":"Amin Purnawan, Akhmad Khisni, Aryani Witasari","doi":"10.2991/icglow-19.2019.73","DOIUrl":"https://doi.org/10.2991/icglow-19.2019.73","url":null,"abstract":"Micro, Small and Medium Enterprises (MSMEs) are economic sectors that have significant role in the national economy. Based on data from the Central Statistics Agency (BPS) in 2017, the contribution of MSMEs reached 61.4% of the total Gross Domestic Product (GDP). MSMEs also absorb employment of almost 97% of the total national workforce, with the number of MSMEs reaching 60 million units. However, when compared with the contribution of MSMEs to tax revenues, there is a missmatch where the contribution of MSMEs to tax revenues is very small, which is approximately 1% of total tax revenues. The imbalance in the contribution of MSMEs is an indication that the level of compliance of MSMEs in fulfilling their tax obligations is very low. Data in this research will be obtained by field observation, interview and questionnaire. The legal policy of imposing MSME’s Income Tax is expected to justify taxation policies, while considering the applicable variables in making a good tax policy, through harmonizing aspects of tax collection justice with efforts to encourage voluntary compliance and MSME growth. Through the right tax policy, it is expected to optimize government revenues from the tax sector and encourage the growth of MSMEs.The results of this study indicate that (1) the tax rate for MSMEs of 1% of turnover is quite burden some for MSME players. In addition to the large tax rate, their lack of understanding of tax obligations and the limitations of their human resources to take care of taxation are also obstacles for them to comply with tax payment obligations. (2) MSMEs actors appreciate the new tax rate for MSMEs as much as 0.5% of turnover contained in PP No. 23 of 2018. They hope that the socialization of MSME taxation can be obtained immediately so as to support them to comply with tax obligations. KeywordsPolitics of Law, Compliance, Income Tax,","PeriodicalId":246077,"journal":{"name":"Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019)","volume":"58 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126084692","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: 3

The Election Smart House Management as a Society Political Education FacilityReconstructing the Developmet of Eco-Friendly Environment as the Green Constitution (Study of Tin Mining and Environmental Degradation in Bangka Belitung Islands) 选举智能住宅管理作为社会政治教育设施重建生态环境发展作为绿色宪法(邦加勿里洞群岛锡矿开采与环境退化研究)

Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019) Pub Date : 2019-10-01 DOI: 10.2991/icglow-19.2019.30

Darwance, D. Haryadi, Yokotani Yokotani

引用次数: 2

Hajj Fund Management in Perspective of the Financial Theory and Fiqh 金融理论与伊斯兰教视角下的朝觐基金管理

Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019) Pub Date : 2019-10-01 DOI: 10.2991/icglow-19.2019.57

D. Kurniadi, Jamal Wiwoho, H. Asrori

{"title":"Hajj Fund Management in Perspective of the Financial Theory and Fiqh","authors":"D. Kurniadi, Jamal Wiwoho, H. Asrori","doi":"10.2991/icglow-19.2019.57","DOIUrl":"https://doi.org/10.2991/icglow-19.2019.57","url":null,"abstract":"With the separation of the management of the hajj funds of the Ministry of Religion to the BPKH, it still leaves some differences in view, related to the amount of the initial deposit charged by Jemaah who are members of the waiting list with a vulnerable period of 5 25 years. In addition, there is also a debate related to the use of initial deposit funds for the pilgrims to be dispatched, because BPKH until now must optimize the pilgrimage funds. The community still understands if the initial deposit fund deposited for them is an investment that should be able to continue to grow and be enjoyed by each congregation. The longer the congregation waits for the pilgrimage, the understanding is that the funds returned to the congregation in the form of optimizing the initial deposit must be even higher. But some views assume, the affairs of the pilgrimage are not a matter of investment, but purely to worship God. Related to the length of timing a person goes on the pilgrimage is purely based on the Jemaah departure quota that is limited by the government of Saudi Arabia to Indonesia. In this perspective, researchers feel the need for a study related to Hajj fund entities in formal law and sharia law and finance. Thus it is hoped that this research can answer the current assumptions. Keywords-Hajj Fund Management, Financial Theory,","PeriodicalId":246077,"journal":{"name":"Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019)","volume":"57 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117310729","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: 3

The Efforts to Make a Green Constitution Through Judicial Review Conducted by the Constitutional Court 通过宪法法院的司法审查制定绿色宪法的努力

Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019) Pub Date : 2019-10-01 DOI: 10.2991/icglow-19.2019.68

R. Ardhanariswari, M. Fauzan

{"title":"The Efforts to Make a Green Constitution Through Judicial Review Conducted by the Constitutional Court","authors":"R. Ardhanariswari, M. Fauzan","doi":"10.2991/icglow-19.2019.68","DOIUrl":"https://doi.org/10.2991/icglow-19.2019.68","url":null,"abstract":"One of the protection of the constitutional rights of citizens is related to the right to the environment. The concept of the Green Constitution which was adopted explicitly in the Indonesian constitution in the 1945 Constitution, namely Article 28H paragraph (1) which reflects constitutionally guaranteed rights to the environment, and Article 33 paragraph (4) of the 1945 Constitution of the Republic of Indonesia which reflects the environmentally sound development and sustainable. The authority of the Constitutional Court in conducting judicial review provides an opportunity to protect the rights to the environment of citizens. Several laws relating to the environment that have been tested by the Constitutional Court, include the Law on Natural Resources, the Mineral and Gas Law, the Forestry Law. The existence of an examination of laws relating to the environment, the law will be more in line with developments relating to the latest environmental issues and felt by the community, so that the existence of the Green Constitution is an absolute must in the constitutional system in Indonesia. Public awareness of the right to the environment will certainly play a role in realizing the Green Constitution. Keywords-Green Constitution, Constitutional Court, Judicial","PeriodicalId":246077,"journal":{"name":"Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126433438","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

Regulation of Regional Government on Halal Tourism Destinations in West Nusa Tenggara Province after Constitutional Court Decision Number 137/PUU-XIII/2015 根据宪法法院第137/PUU-XIII/2015号决定，地方政府对西努沙登加拉省清真旅游目的地的规定

Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019) Pub Date : 2019-10-01 DOI: 10.2991/icglow-19.2019.27

A. Jaelani, I. Handayani, Isharyanto

{"title":"Regulation of Regional Government on Halal Tourism Destinations in West Nusa Tenggara Province after Constitutional Court Decision Number 137/PUU-XIII/2015","authors":"A. Jaelani, I. Handayani, Isharyanto","doi":"10.2991/icglow-19.2019.27","DOIUrl":"https://doi.org/10.2991/icglow-19.2019.27","url":null,"abstract":"The present study is initiated by the proliferation of a very broad authority of Regional Government in forming Regional Regulation that is not in line with the synchronization and harmonization function of optimal legislation. Each party has a strong argument in maintaining a regulation on religion. As a result, it contributes to a multi-interpreted, conflicted, and disobedient legal situation to the law that finally creates disharmony between one rule and another. A normative legal research is the type of the present study. It accentuates a literature study with the focus on the study of the principles of law, systematic system of law, legal study and legal history. A descriptive research is also included in the present research. The conclusion that can be seen from the present is that, first, decentralization of tourism management after the Constitutional Court Decision Number 137/PUUXIII/2015 gives an authority to Regional governments in legal products making with a very broad extent. The present study expects a change in the substance of Regional Regulation of West Nusa Tenggara Province Number 2, 2016 concerning Halal Tourism and it is hoped that Regional Government of the Regencies/Cities in West Nusa Tenggara Province will immediately issue the Regional Regulations so that the maximum contribution of tourism to Regional Ownsource Revenue in sports and leisure venue levies sectors can","PeriodicalId":246077,"journal":{"name":"Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019)","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131677991","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: 16

Conservation and Development Balance of the Palm Oil Industry Through Sustainability Regulation 从可持续性法规看棕榈油产业的保护与发展平衡

Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019) Pub Date : 2019-10-01 DOI: 10.2991/icglow-19.2019.6

Rio Christiawan

{"title":"Conservation and Development Balance of the Palm Oil Industry Through Sustainability Regulation","authors":"Rio Christiawan","doi":"10.2991/icglow-19.2019.6","DOIUrl":"https://doi.org/10.2991/icglow-19.2019.6","url":null,"abstract":"ISPO Certificate as provided under the Minister of Agriculture Regulation Number 19/Permentan/ OT.140/3/2011 it impose that not later than 2014 all ventures which had obtained Plantation Business Permit (IUP) shall obtained ISPO Certificate, the result is that at the end of 2014 there was only 5% (five percent) of the total IUP holders in compliance to the ISPO Certificate requirements. Following after, the Minister of Agriculture issued new regulation Regulation Number 11/Permentan/OT.140/3/2015 which stricken out some requirements under the previous regulation Regulation Number 19/Permentan/OT.140/ 3/2011, the new regulation require all ventures to only apply for ISPO Certificate. Then, in 2017, the Government announced that it will issue a bill on ISPO Certificate to refine its administration, but much to dismay it failed. Such government failure created dissatisfaction among international buyers because ISPO Certificate is only formality without any practical value, therefore international buyers prefer the RSPO to certified their CPO and CPO products in order to keep their price at premium. The problem is such RSPO Certificate as of 2018 require Land Use Certificate (HGU) and posed with many related technical licenses requirements for the growers (ventures) who applies for RSPO Certificate. Whilst, the RSPO focused more on conservation than on development. In this matter, Indonesian growers find it is difficult to obtain Land Use Certificate (HGU) and technical licenses requirements if the process is prolonged and expensive. Keywords-Sustainability, Governance, Regulation, Technical Licenses, ISPO Certificate","PeriodicalId":246077,"journal":{"name":"Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019)","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127506957","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: 3

Factors that Influence the Effectiveness of Sanctions in Mangrove Forest Preservation Efforts 影响红树林保护措施有效性的因素

Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019) Pub Date : 2019-10-01 DOI: 10.2991/icglow-19.2019.49

P. Astuti, E. Sulistyowati

{"title":"Factors that Influence the Effectiveness of Sanctions in Mangrove Forest Preservation Efforts","authors":"P. Astuti, E. Sulistyowati","doi":"10.2991/icglow-19.2019.49","DOIUrl":"https://doi.org/10.2991/icglow-19.2019.49","url":null,"abstract":"The main cause of destruction of mangrove forests is a disruption of human activities. More than 90% of mangrove forest damage is caused by development in the fields of plantations, fisheries, settlements, infrastructure and tourism. Damaged mangrove forests cause abrasion and disruption of natural resources, especially various kinds of fish that live around the roots of mangrove trees. One of the government's efforts to protect mangrove forests is to enact Law Number 27 of 2007 concerning Management of Coastal Areas and Small Islands. The problem of this research is what factors influence the effectiveness of sanctions in the effort to preserve mangrove forests? This type of research uses empirical legal research. This research took place in four districts in East Java Province. The four districts include Lamongan Regency, Gresik Regency, Pasuruan Regency and Probolinggo Regency. Informants include people who live around the mangrove forest. Data consists of primary data and secondary data. Techniques for collecting data using interviews and documentation. Data analysis using qualitative analysis. The results of the study show that the preservation of mangrove forests is influenced by several factors. The first factor, the community's knowledge of legislation related to mangrove forests is still very lacking. The second factor, law enforcement officials in carrying out their roles related to the preservation of mangrove forests is still not optimal. In fact, village heads who are local leaders have a maximum role. KeywordsEffectiveness of Sanctions, Conservation of Mangrove Forests, Community Knowledge","PeriodicalId":246077,"journal":{"name":"Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019)","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127646269","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 in Online Buy and Sell Agreements for Consumers 网络买卖协议对消费者的法律保护

Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019) Pub Date : 2019-10-01 DOI: 10.2991/icglow-19.2019.35

Dharu Triasih, B. Heryanti, Endah Pujiastuti

{"title":"Legal Protection in Online Buy and Sell Agreements for Consumers","authors":"Dharu Triasih, B. Heryanti, Endah Pujiastuti","doi":"10.2991/icglow-19.2019.35","DOIUrl":"https://doi.org/10.2991/icglow-19.2019.35","url":null,"abstract":"The online sale and purchase agreement has a characteristic that the media used is the internet so that business people and consumers do not have to meet directly, that is, carried out on behalf of the parties. This condition on the one hand benefits consumers, because consumers have many choices to get goods purchased but on the other hand violations of consumer rights are very risky, problems that can occur in online transactions, among others, namely that the quality of goods that are not suitable, defective, does not match the agreement. An empirical juridical approach method. This research was conducted in Semarang, Pekalongan, and Magelang. The selection of three cities in Central Java is based on the purposive sampling method. Data obtained through interviews, questionnaires, and literature studies. Primary data, secondary data. Qualitative analysis. The results of the study show that the main principles of online buying and selling agreements in Central Java still prioritize trust. Legal protection is identical to the protection of consumer rights as stipulated in Article 4 of Act Number 8 of 1999.","PeriodicalId":246077,"journal":{"name":"Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019)","volume":"76 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129215185","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