{"title":"Diversion Model of Death Sentence in the Perspective of Restorative Justice Law Policy","authors":"Fauzun Nihayah, Hartiwiningsih, I. Handayani","doi":"10.2991/icglow-19.2019.51","DOIUrl":"https://doi.org/10.2991/icglow-19.2019.51","url":null,"abstract":"The optional (alternative) law policies in the death sentence stipulated in the draft of Criminal Code have not adopted the resitutive concept by referring to the principles of restorative justice. The optional nature needs to relate to the legal interests to be protected. The criminal law policies should apply diversion, especially for the application of death sentence that is related to individual legal interests (individuale belengen). The diversion model is aimed at utilizing the law as a means of social engineering. Legal justice is expected to be realized. Restorative justice is very importan and strategic in renewing the system of criminal law. The criminal law policies that are based on restorative justice imply resitution, recovery, and compensation to maintain and preserve the peace in the community life. Keywords-Diversion Model, Death Sentence, Restorative","PeriodicalId":246077,"journal":{"name":"Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019)","volume":"103 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":"116297580","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 Protection of Refugees Rights of Natural Disasters in Central Sulawesi Indonesia","authors":"A. Lanini, S. Yodo, Ikshan Syafiuddin","doi":"10.2991/icglow-19.2019.12","DOIUrl":"https://doi.org/10.2991/icglow-19.2019.12","url":null,"abstract":"The research aims to evaluate a local law in implementation to fulfill the rights of the victims of natural disasters, earthquake, tsunami and liquefaction in Palu, Sigi, Central Sulawesi and Donggala, what does the local regulation appropriate to fulfill the rights of the victims of a natural disaster, and what is the implications of the failed local regulation protection. The research is a descriptiveanalytic method used is the method of approach to the statute, concept and history approach. The impact of such disasters cause thousands of casualties and damage to various government and public infrastructure. The number of homes that suffered damage reached 66.926 unit, about 211.000 internally displace people and 6.867 inhabitants live in tents and is spread over 109 points. Although the time of the response (recovery) has entered the seventh month, however, the realization of guarantee and provided of the rights of such victims; life assurance, health, education, relief of life, permanent residence, and shelter was not met. The study found the model of legal protection for victims of natural disasters in Palu City, Sigi, and Donggala Central Sulawesi. Constraints of the implementation in fulfillment of the victim's rights over natural disasters and the implications of insufficient fulfill the victim rights over natural disasters in Central Sulawesi. Keyword-Protection, Local Regulation, Victim","PeriodicalId":246077,"journal":{"name":"Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019)","volume":"75 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":"114677185","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":"Spirituality and Modernity According to Seyyed Hossen Nasr’s Thought (A Study of Religion and Modern Human Crisis)","authors":"C. Santosa, Hartiwiningsih, H. Purwadi","doi":"10.2991/icglow-19.2019.53","DOIUrl":"https://doi.org/10.2991/icglow-19.2019.53","url":null,"abstract":"Seyyed Hossein Nasr is a magnificent intellectual and scholar. He has created many works such as essays and books. He also has diverse outline of thougths. In this thesis the authors hope that Islamic thought has comprehensive and comprehensive foundations that are aware of God’s existence and can also give appreciation to the people who develop thoughts and science. From the foundation that gives mercy to the whole universe, Islamic thought is expected to be able to straighten the weak Western thought which tends to cause moral, environmental, and spiritual damage. Seyyed Hossein Nasr also explains the spiritual as a tradition in the sense of sacred knowledge that comes from God, and conveyed through his messengers (prophets), and have the rules that live in society as an eternal wisdom from God and possessed by all religions and nations. It is expected that Seyyed Hossein Nasr’s thought can make a useful contribution for all of us, especially in overcoming the crisis of science, morals, environment and","PeriodicalId":246077,"journal":{"name":"Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019)","volume":"14 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":"124382434","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 Urgency of Sanctions for Violators of Corporate Social Responsibility (CSR) for Improving of The Welfare of Society","authors":"Reda Mantovani, Jamal Wiwoho","doi":"10.2991/icglow-19.2019.58","DOIUrl":"https://doi.org/10.2991/icglow-19.2019.58","url":null,"abstract":"- The Impossing of sanctions to companies that do not implement CSR is still only a threat. Legal instruments are still too weak in facing business corporations. The implementation of CSR is not only useful for sustainable environmental sustainability, it also has a positive impact on improving community welfare, therefore is important to know connection between the sanction and CSR implementation for improving of the welfare of society. In Indonesia, the implementaton of CSR in Limited Company based on Article 74 The Law No. 40 of 2007 regarding Limited Liability Company, this article obliges companies whose activities related to natural resource management to implement Corporate Social Responsibility (CSR). This is the starting point of mandatory CSR program in Indonesia. CSR is a commitment to improve community well-being through discretionary business practices and contributions of the company's resources. The method of this researh is empiric/nondoctrinal. Based on the result of this research that CSR in Indonesia can essentially be directed at strengthening the people's economy is based on small and medium enterprises as well as improving the quality of human resources through improved public education facilities and infrastructure. The problem is the absence of sanction. The existence of legal substance of CSR will not succeed if there is no legal sanctions. The Law and Goverment regulation on CSR are not set on sanctions for the corporation that non-performance in CSR implementation. Many companies will ignore the CSR implementation when there are no rules forcing them.","PeriodicalId":246077,"journal":{"name":"Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019)","volume":"18 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":"131413067","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 Uncertainty of Regulating Online Prostitution in Indonesia","authors":"A. Awaludin","doi":"10.2991/icglow-19.2019.81","DOIUrl":"https://doi.org/10.2991/icglow-19.2019.81","url":null,"abstract":"Online prostitution in Indonesia is developing along with advances in information technology. Indonesian society is religious and moralist. However, there are no regulations that can prosecute prostitutes, except only for pimps. Especially if it is associated with online prostitution. The study was conducted with a normative juridical approach through the legislation approach, case approach, fact approach and legal concept analysis approach. The conclusion found that the development of online prostitution in Indonesia did not get a serious legal response. Online prostitution arrangements are still conditional, there are no laws governing them with certainty. Uncertainty about the regulation of online prostitution can be seen from the lack of definition and harmonization between regulations both horizontally and vertically. KeywordsUncertainty of Regulating, Online Prostitution,","PeriodicalId":246077,"journal":{"name":"Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019)","volume":"60 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":"128256042","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 Aspect of Criminal Liability in Law Enforcement for the Prohibition on Hate Speech on Social Media","authors":"Habiburokhman, Firdaus Supanto, S. Ummul","doi":"10.2991/icglow-19.2019.52","DOIUrl":"https://doi.org/10.2991/icglow-19.2019.52","url":null,"abstract":"The issue of hate speech may never have been predicted by scientists and social media creators because social media is in principle only intended to facilitate communication between people in various parts of the world. Since Indonesia is a state of law, we must always position the law as the commander, all social disputes should be resolved with a legal approach. Before the existence of Law No. 11 of 2008 on Information and Electronic Transactions, acts of public hate speech were carried out on the basis of the articles in Chapter V of the Criminal Code that regulates Crimes Against Public Order. Criminal Code and Article 28 of Law Number 11 of 2008 concerning Information and Electronic Transactions is because the three articles are considered contrary to Article 28E paragraph (3) concerning freedom of expression because of the broad article formulation and crashing principles legal certainty so that it is feared can limit democracy. This paper discusses the issue of criminal liability for hate speech. The results of the study show that Article 157 of the Criminal Code and Article 28 of Law Number 11 of 2008 concerning Information and Electronic Transactions, they have some problems in the formulation, the most important aspect is the criminal liability aspect of these articles. This aspect of criminal responsibility becomes a hot area of debate over articles that contain a prohibition on the spread of hate speech because the matters regulated in the article have a too loose","PeriodicalId":246077,"journal":{"name":"Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019)","volume":"7 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":"132090184","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":"Regulations for Sustainable Development in the Environment and Forestry","authors":"Anne Rusiana, Jamal Wiwoho, A. Sulistiyono","doi":"10.2991/icglow-19.2019.75","DOIUrl":"https://doi.org/10.2991/icglow-19.2019.75","url":null,"abstract":"Bureaucratic reform Determination of laws and regulations with the aim that a more orderly, non-overlapping, and conducive agreement. Environmental regulation, governance and governance of forest natural resources consists of one factor that needs attention, because the exploitation of wood using machine technology will produce in a relatively short time. At the level of existing legal instruments overlapping authorities are also not in harmony with regulations because at the ministerial level related to legal products that do not provide space for customary law communities governing customary forests More are responsible for instruments made unilaterally by realizing indigenous peoples to register his right to the ministry, even though the customary community living in his environment asked him not to trust his customary rights because customary rights had existed since before they were issued not announced but carried out naturally by generations. Legal instruments that are not participatory against indigenous peoples will result in customary forest management systems that are not well organized, so that the community will be provoked by community needs in this case primary industrial timber entrepreneurs who receive timber forest products from indigenous peoples will be exploited using unsupported responsibilities The impact of disharmony regulations on the collection of timber forest products at the central and regional levels is not responsible for the community to utilize their own customary forests and the environment and forests will increase shrinkage and carrying capacity of the world's lungs is not optimal.","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":"132179686","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 Human Rights Approach of Limited Double Citizenship Policy in Indonesia","authors":"N. Ariani, B. L. Chrisyanti","doi":"10.2991/icglow-19.2019.43","DOIUrl":"https://doi.org/10.2991/icglow-19.2019.43","url":null,"abstract":"The Law of the Republic of Indonesia Number 12 of 2006 on the Citizenship of the Republic of Indonesia accommodates some aspects of the rights and obligations of Indonesian Citizen comprehensively that was not provided by the previous one. Even so, the principles adopted, especially dealing with the limited double citizenship, raise some problems in the praxis. This research is aimed to study the problem persisted and to figure out the possible suggestion to solve it. The juridical empirical method is used to collect the primary data from the society qualitatively, compare to the law and its derivation, then analyze evaluatively from the perspective of Law and Human Rights. It found various problems endured in this rule as it resulted in the loss of many heir of Indonesian Citizen, particularly, the subject of double citizenship who was born before this decree stipulated. Moreover, it does not facilitate their special needs to acquire their citizenship of the Republic of Indonesia back. Thus, it recommends the revision of The Law on the Citizenship of the Republic of Indonesia and its derivation, specifically about naturalization, also to","PeriodicalId":246077,"journal":{"name":"Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019)","volume":"28 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":"134285426","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 as Artificial Intelligence Products","authors":"Agus Raharjo","doi":"10.2991/icglow-19.2019.93","DOIUrl":"https://doi.org/10.2991/icglow-19.2019.93","url":null,"abstract":"","PeriodicalId":246077,"journal":{"name":"Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019)","volume":"41 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":"122259121","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":"Analysis of Equality on Creditor Standing Principle on The Process of Arrangement and Settlement of Bankruptcy Asset in Indonesia","authors":"Winanto, A. Sulistiyono, Y. T. Muryanto","doi":"10.2991/icglow-19.2019.71","DOIUrl":"https://doi.org/10.2991/icglow-19.2019.71","url":null,"abstract":"The process of arranging and clearing bankrupt assets carried out by the curator is not carried out properly and professionally and does not meet the principles in bankruptcy law, so there will be legal problems in the distribution of bankrupt debtor assets. This is mainly related to the existence of three types of creditors in the Bankruptcy Law, namely Preferred Creditors, Separatist Creditors and Concurrent Creditors, where in the process of distributing bankruptcy debtor's assets it is possible that the assets of bankrupt debtors are insufficient for the number of creditors of creditors. The problems discussed in this paper are about the implementation of the principle of equality of the position of creditors and the principle of pari passu proprata parte in the management and settlement of bankrupt assets, as well as what are the obstacles that arise in the implementation of the settlement of the management and settlement of bankrupt assets. The results of the study show that the principle of equality of the position of creditors and the principle of pari passu prorata parte, in the management and acquisition of bankrupt assets, are carried out simultaneously and cannot be separated. The principle of creditorium parity is found that all creditors have the same rights to all assets of bankrupt debtors. On the other hand the pari passu prorate parte principle emphasizes the distribution of debtor assets to pay off debts to creditors in a more just manner in accordance with the","PeriodicalId":246077,"journal":{"name":"Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019)","volume":"248 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":"129592569","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}