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

{"title":"Bank Participation in Managing Environmental Recovery Guarantee Funds in Order to Realize the Sustainable Development Goals","authors":"T. Handayani, Abubakar, Lastuti","doi":"10.2991/icglow-19.2019.3","DOIUrl":"https://doi.org/10.2991/icglow-19.2019.3","url":null,"abstract":"This article examines the SDGs agenda, that is Indonesia committed to harmonize all aspects of doing business with the SDGs purposes. Bank as one of the funding sources for large companies, had an impact from this agenda into a loan mechanism. The SDGs agenda also brought the changes in a several banking services. By giving a credit to a potential customer, banks are concerning to the priority industries (industries of energy, agriculture, infrastructure and Micro Small and Medium Enterprises (MSME). Those industries are the main targets of sustainable economic development in Indonesia. The Financing that conducted by Bank has to integrate all the aspects of environmental protection, social and risk management in order to avoid, prevent and minimize the negative impacts that will influence bank activities. The bank also concerns to develop their services due to realize the SDGs Agenda. This Article attempts to answer the legal problems of how the banks to participate in managing Environmental Recovery Guarantee Funds in order to realize the SDGs and how The Environmental Recovery Guarantee Funds used as a preventive phase as already mandated by UU PPLH. Keywords-The Environmental Economic Instruments, Banking participation, Sustainable","PeriodicalId":246077,"journal":{"name":"Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019)","volume":"43 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":"120957073","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}

{"title":"Dynamics of the 1945 Constitution: Reflection on 74 Years of Constitutional Republic of Indonesia","authors":"Udiyo Basuki, A. Sulistiyono, Isharyanto","doi":"10.2991/icglow-19.2019.44","DOIUrl":"https://doi.org/10.2991/icglow-19.2019.44","url":null,"abstract":"- For the modern state, the constitution must be understood as a development concept. The constitution can not be viewed as a static document, but it lives and grows as the basic principle of the state organization that always followes the developments and dynamics of society. The constitution was born from constitutionalism which provides limits of state power in one side and guarantee for the rights of people through constitutional provisions in another side. During 74 years of Indonesia’s independence, the constitution give the color in the organization of state administration. Many important events woven in 3 (three) constitutions in this period, namely the Constitution of 1945, the Constitution of 1949 United Republik of Indonesia and Provisional Constitution of 1950. Departing of the view that the constitution should follow the development and dynamics of society, this paper will explore the journey of life about the constitution of the early independence to this present era. For a dynamic society, creation of awareness constitution is very important, because the constitutional talks in the future will increasingly contentious and polemical as in previous years.","PeriodicalId":246077,"journal":{"name":"Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019)","volume":"34 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":"121355597","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}

{"title":"Implementing “Legal Reality Model” Into Indonesia Corporate Criminal Liability","authors":"Erni Mustikasari, Hartiwiningsih, Y. T. Muryanto","doi":"10.2991/icglow-19.2019.32","DOIUrl":"https://doi.org/10.2991/icglow-19.2019.32","url":null,"abstract":"- The contemporary Indonesian criminal legal system is largely influenced by the period of Dutch colonization. Indonesia Criminal Code (1919) based on Dutch Criminal Code (1889), until now Indonesia still not change this code. In the other hand, Dutch Criminal Code in 1976 receive update in perspective of Corporate Criminal Liability. Dutch Criminal Code classify, offence committed by corporation can be prosecute and punish to corporation itself and them who have instructed the offence, as well as on them who have actually given guidance to forbidden action. Although Dutch Criminal Code already had change in Corporate Liability Concept, Indonesia Criminal Code still used outdated concept without corporate liability concept. Indonesia had several existing cases on the corporate criminal liability are expected to positively influence the development of a corporate criminal liability doctrine in the Indonesian criminal legal system. However, the decisions of these cases often create more perplexing question about how Corporate Criminal Liability system in Indonesia. Through process of legislation and jurisprudence, Dutch Criminal System shaping new model in Corporate Criminal Liability.","PeriodicalId":246077,"journal":{"name":"Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019)","volume":"145 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":"114321653","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}

{"title":"The Implementation of Political Culture and its Correlation to the Political Development","authors":"Dwiwiddy Jatmiko, Hartiwiningsih, I. Handayani","doi":"10.2991/icglow-19.2019.34","DOIUrl":"https://doi.org/10.2991/icglow-19.2019.34","url":null,"abstract":"Indonesian political system is undergoing a democratization process which consequences are not only felt in the dynamics of national political life. This research aims to examine how the cultural implementation affects the political development. The population of this research were communities in Ngawi Regency. From the discussion, it can be concluded that the influence of the community’s political culture basically makes everyone to be involved in the political development and political culture which attempt to create a civilized community.","PeriodicalId":246077,"journal":{"name":"Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019)","volume":"13 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":"125138643","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}

{"title":"Relevance of the Implementation of Conservation Pillars on Operational Performance of Companies and Institutions","authors":"Moch Faizal Rachmadi","doi":"10.2991/icglow-19.2019.4","DOIUrl":"https://doi.org/10.2991/icglow-19.2019.4","url":null,"abstract":"At this time, environmental changes are increasingly happening. Various natural and environmental problems come and go and certainly have an impact in the future. These problems make the world of work think about how to maintain the environment so that it remains sustainable because it cannot be denied that it will have an effect on operations in an agency. In the conservation pillar, it regulates paperless policy, waste management, clean energy and much more. By implementing this system, all operations will run in accordance with the principles of environmental ethics. The purpose of this study is to increase public awareness in protecting the environment and realize its influence on various fields of life including operations in an agency or company. The method used in this study is descriptive qualitative analysis method with secondary data to describe the phenomena that occur in the field in explaining the data to support this work. Based on the study conducted it can be concluded that the application of the pillar of conservation is very influential on the operational performance of a company or agency. Keywords-Environment, Conservation Pillars, Operational","PeriodicalId":246077,"journal":{"name":"Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019)","volume":"113 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":"125115557","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}

{"title":"Restructuration of Public Service Obligation (PSO0, Infrastructure Maintenance and Operation (IMO), Track Access Charge (TAC) on PT. Kereta Api Indonesia (Persero) Based on Justice","authors":"Edi Sukmoro, A. Sulistiyono, Lego Karjoko","doi":"10.2991/icglow-19.2019.55","DOIUrl":"https://doi.org/10.2991/icglow-19.2019.55","url":null,"abstract":"- The conception of welfare state places public service as state responsibility to run it optimally for the welfare of its people. Public service in the welfare state conception is the responsibility of the state, including the public transport of railways which is managed by PT Kereta Api Indonesia (Persero) as a State’s Owned Enterprise. The arangement of PT. Kereta Api Indonesia (Persero) Track Acces Charge has been established. However, the schemes of Public Service Obligation (PSO),Infrastructure Maintenance and Operation (IMO), Track Access Charge (TAC) which stipulate that the amount of TAC is 75% of IMO or even only based on the funds available in the state budget are only oriented to the open competition in the business activities of the railway company and heavily influenced by political and economic interests, therefore it is not coherent with the principle of justice in the concept of welfare state. The implementation of TAC policy currently only functions as the balancing factor between the PSO and IMO calculations, thus it seems like a policy instrument used by The Ministry of Transports to attain non-tax revenue(PNBP).","PeriodicalId":246077,"journal":{"name":"Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019)","volume":"65 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":"124387731","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}

{"title":"Degradation of Democratic Value Due to Digital Technology Simulacra in The Post Truth Era","authors":"B. Santoso, Harjono, M. Rustamaji","doi":"10.2991/icglow-19.2019.90","DOIUrl":"https://doi.org/10.2991/icglow-19.2019.90","url":null,"abstract":"Jean Baudrillard through Simulation (1983) makes a thought block that predicts that reality is ultimately dead. The 'new world' that Baudrillard calls the 'Simulacra Galaxy', has engulfed all aspects of life including democracy. Dialectics on democracy which provides an opportunity for every child of the nation to freely express opinions, actually leads to freedom which crashes into the boundaries of the human rights of fellow citizens. Secretly the primordialism of religion, class, ethnicity, regionalism, and all exclusive social groupings reawakened with the liberal political process which since the reforms has emerged as a new fetter that limits the national life. Regional autonomy that is increasingly liberal-scented federation is increasingly strengthening the barriers to the new primordial revitalism. Dictation of the threat of \"independence\" and \"referendum\" which erupted in one or two regions during the 2019 election process which tends to harden, shows how short the reasoning of some of the nation's children in this country. Democracy finally experiences siltation which at this stage is no more than a textual narrative and is separated from its context. Democracy actually brings up simplification which reduces the details of various things that envelop the complexity of the post truth reality in it. Various debates are presented through television, mass media and even the rise of hoaxes through social media based on digital technology, which in Baudrillard's view is a field that conditions the general public to draw all their attention and concentration into an area like a black hole. He called it the Simulacra, that is, existing reality is virtual reality, artificial reality, artificial reality (hyper-reality). Finally, the contestation of democracy that upholds the values of civilization and humanitarian values is submerged in the rise of the digital world full of shallow truths (post truth) due to the monofaset's purification of democracy. Keywords-Superficial Values of Democracy, Digital Technology, Post Truth.","PeriodicalId":246077,"journal":{"name":"Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019)","volume":"29 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":"130338180","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}

{"title":"Consumer Protection Based on Justice in Order to Advance State Administration Systems in Indonesia","authors":"A. B. Kuncoro, I. Handayani, Y. T. Muryanto, Lego Karjoko","doi":"10.2991/icglow-19.2019.22","DOIUrl":"https://doi.org/10.2991/icglow-19.2019.22","url":null,"abstract":"This study aims to examine how legal protection for consumers in Indonesia, and its effect on a better state administration system, focuses on state institutions in the field of consumer dispute resolution namely BPSK (Badan Penyelesaian Sengketa Konsumen) and in private institutions engaged in consumer dispute resolution in Indonesia, namely YLKI (Yayasan Lembaga Konsumen Indonesia), the extent to which the role of the government develops these institutions and why it is now no longer well supported by the government, from this fact the researchers try to apply it through the concept justice based law. The research method is carried out by doctrinal and non-doctrinal approaches, because the law is not only in concepts as a whole of principles and rules, but also includes institutions and processes that realize the enactment of rules in society. The results of the first study, concept of equitybased consumer protection is how to realize the rights and obligations carried out between the legal relationship of consumers and suppliers of goods or services that are balanced and must realize the concept of equality before the law. The achievement of the concept of equality before the law in consumer protection will automatically launch administrative performance of the government and increase public compliance with the law and the government itself.","PeriodicalId":246077,"journal":{"name":"Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019)","volume":"510 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":"132787665","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}

{"title":"Law and Economic Approach to Reduce Marine Plastic Litter in Indonesia","authors":"S. Hermawan","doi":"10.2991/icglow-19.2019.56","DOIUrl":"https://doi.org/10.2991/icglow-19.2019.56","url":null,"abstract":"This article is to describe (1) the strengths and weaknesses of government regulation to reduce marine plastic litter in Indonesia and finding (2) suitable instruments based on the law and economic approaches to reducing marine plastic litter in Indonesia. This article can be categorized as a normative law method by using three approaches. The sources of research information used both primary legal materials and secondary legal materials. The technique of gathering information sources is done by using study literature and comparative analysis. Analysis of information sources and conclusions by using logical deduction. The conclusion of this article strongly stated that the majority of marine litter in Indonesia is derived from land-based waste or often called marine plastic litter so that increased effort is needed to stop the inappropriate disposal of waste plastics through a combination of education, economic-based instruments such as incentives/disincentives, adequate legislation, and strong law enforcement. It is recommended that regulators/policymakers understand more deeply the issues of marine plastic litter from various points of view so that the solution is not solely based on the legal aspects approach. Keywords-Law and economic approach, marine plastic","PeriodicalId":246077,"journal":{"name":"Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019)","volume":"35 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":"121462038","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}

{"title":"Evaluation of Corporate Crime Liability for Prepator of Business Crime in Order to Achieve for Fair Business Competition in Indonesia","authors":"Budi Suhariyanto","doi":"10.2991/icglow-19.2019.21","DOIUrl":"https://doi.org/10.2991/icglow-19.2019.21","url":null,"abstract":"","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":"128682860","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}