{"title":"Effectivity Study of Legal Politics of Sea Reclamation Development in Indonesia Reviewed from the Benefits of People's Welfare","authors":"R. Anggraini, I. Handayani, A. Sulistiyono","doi":"10.2991/icglow-19.2019.48","DOIUrl":"https://doi.org/10.2991/icglow-19.2019.48","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":"125806770","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":"Judicial Activism Resolving Administrative Disputes in Indonesia","authors":"Indriati Amarini, A. N. Hidayah","doi":"10.2991/icglow-19.2019.79","DOIUrl":"https://doi.org/10.2991/icglow-19.2019.79","url":null,"abstract":"Judicial activism is very important to be used and applied by a judge of the administrative justice in resolving state administrative disputes. This research aimed to identify and analyze the importance of judicial activism in the dispute resolution process of the state administrative. The method used is a doctrinal research. Judicial activism is used by the judge of the administrative court because there are characteristics in a dispute over state administrative: (i) the duties and authority of the judges to examine, decide and resolve disputes of state administration; (ii) active principle of the judge in dispute resolution process, (iii) judges look for the material truth (iv) the judge's decision will be binding for the public. Keywords-Judicial Activism, Administrative Dispute","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":"132148077","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 Model of Business Activities Legal Responsibility in Anticipation of Environmental Pollution Impact on Sea Fish as a Food Raw Material by Small and Medium Enterprises","authors":"S. Badriyah, Amiek Soemarmi, S. Mahmudah","doi":"10.2991/icglow-19.2019.7","DOIUrl":"https://doi.org/10.2991/icglow-19.2019.7","url":null,"abstract":"Indonesia, as one of the largest fish-producing countries in the world, has great potential to improve the fishing industry, one of which is food processing made from sea fish. On the other hand there are legal issues that often occur related to processed foods as the use of raw materials that increase pollution which is detrimental to consumers. In this case the planning of processed food business has a big responsibility for the selection of raw materials for making food including fish. Therefore this research is very important to do. The purpose of this study is to look for evidence and analyze the legal issues of responsibility for enterpreneur in the use of marine fish related to pollution as raw material for processed food in Micro, Small and Medium Enterprises (MSMEs) and provide a model of future legal development that can help the community to support negative impacts arising from the use of sea fish as raw material for processed food. KeywordsLiability, Impact, Pollution, Environment, Sea Fish, Raw Materials.","PeriodicalId":246077,"journal":{"name":"Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019)","volume":"44 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":"117306767","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":"Implementation of Mediation in the Settlement of Administrative Disputes","authors":"Indriati Amarini","doi":"10.2991/icglow-19.2019.16","DOIUrl":"https://doi.org/10.2991/icglow-19.2019.16","url":null,"abstract":"The research analyses the mediation of dispute settlement in Administrative Courts. Mediation as means of dispute settlement can be conducted both in and out of the courts. The implementation of in courtmediation in settling civil disputes is constructed from the interpretation of article 130 Herziene Indonesisch Reglement (HIR)/154 Rechtsreglement Buitengewesten (R.Bg.). Mediation, in the settlement of administrative disputes, is not regulated in formal juridical. This research aims to identify the implementation of mediation in the settlement of administrative disputes. This is a doctrinal research implementing legal, conceptual, and comparative approaches. The Supreme Courts initiates some dispute settlement methods through mediation in courts by issuing the Supreme Courts Regulation No. 1 of 2016 on Procedures of Mediation in Courts. Those provisions can be applied in the implementation of mediation in Administrative Courts. The implementation of administrative dispute mediation is first conducted through the step of mediation. If the attempt fails, the dispute is then continued to the trial process. The mediation is persuasively carried out by the judge of Administrative Courts to the disputing parties through the step of preparation check. Keywords-Mediation, Settlement Administrative","PeriodicalId":246077,"journal":{"name":"Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019)","volume":"229 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":"133512144","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 Development of Corruption in Indonesia (is Corruption a Culture of Indonesia?)","authors":"Ali Mukartono, Hartiwiningsih, M. Rustamaji","doi":"10.2991/icglow-19.2019.36","DOIUrl":"https://doi.org/10.2991/icglow-19.2019.36","url":null,"abstract":"-The problem of corruption in Indonesia continues to be headlines almost every day in the Indonesian media. Even after the New Order's authoritarian regime collapsed, it was clear that the practice of corruption had proven to be a tradition and culture which had widespread, entrenched and influenced the community and the Indonesian bureaucratic system, starting from the center to the lowest level of power. The community becomes familiar with the practices of corruption that occur around them and even it raises a view that corruption has become part of the culture. This paper discusses corruption practices before and after independence. The practice of corruption before independence included the reign of the archipelago kingdoms and the era of Dutch occupation. While the practice of corruption in the period after independence was in the era of the Old Order, the New Order and the Reformation, including efforts to fight corruption. However, the efforts to eradicate corruption are not as easy as turning hands. The inadequacy of the law in the presence of powerful people plus the lack of commitment from the government elite are the source of why corruption still thrives and becomes a culture in Indonesia. Surely, this negative situation must be resisted because both in Pancasila and the 1945 Constitution are never written that corruption is a culture that exists in this country.","PeriodicalId":246077,"journal":{"name":"Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019)","volume":"91 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":"115666674","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":"Problems in Law Ofmortgage Right (Law Number 4 of 1997)","authors":"M. Ahmadi, I. Handayani, Lego Karjoko","doi":"10.2991/icglow-19.2019.33","DOIUrl":"https://doi.org/10.2991/icglow-19.2019.33","url":null,"abstract":"","PeriodicalId":246077,"journal":{"name":"Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019)","volume":"151 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":"124225398","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":"Developing Human Rights-Based Legal Protection Model on Victims of Child Trafficking in Indonesia","authors":"Sulistya Eviningrum, Hartiwiningsih, M. Jamin","doi":"10.2991/icglow-19.2019.20","DOIUrl":"https://doi.org/10.2991/icglow-19.2019.20","url":null,"abstract":"Human traficking is a crime resulted from social disorganization and social crimes, such as industrialization, social change and modernization. Social change causes women and children to choose to leave their homes and find livelihoods far from their regions and even abroad, with minimal skills and education. This phenomenon creates human, especially child trafficking. The approach method used is a normative juridical approach or a legal approach. The legal protection for children has ben arranged in Indonesian laws and regulations, however the implementation is not optimal. The appropriate victim protection models to develop are: a). placing child in the family and social care institutions, or environments that provide security and monitor child's activities. b). granting restitution or compensation for the benefit of the child. c). recovery of child’s physical and psychological conditions by psychiatric assistance and government officials supervision, thus needing a practical and sustainable monitoring system. d). formulating regional regulation.","PeriodicalId":246077,"journal":{"name":"Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019)","volume":"163 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":"131990222","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}
Nurhidayatuloh, Febrian, Akhmad Idris, Rd. Muhammad Ihksan, Helena Primadianti, Fatimatuz Zuhro, I. Handayani, Kukuh Tejomurti
{"title":"Is Public Morality Able to Restrict Human Rights?","authors":"Nurhidayatuloh, Febrian, Akhmad Idris, Rd. Muhammad Ihksan, Helena Primadianti, Fatimatuz Zuhro, I. Handayani, Kukuh Tejomurti","doi":"10.2991/icglow-19.2019.10","DOIUrl":"https://doi.org/10.2991/icglow-19.2019.10","url":null,"abstract":"- Public morality is directly mentioned in several international and regional legal instruments from Universal Declaration of Human Rights (UDHR) to the European Convention of Human Rights (ECHR). It is intended through public morality reasons a country can restrict the implementation of human rights in its jurisdiction. However, some concerns arise when a state implement these public morality reason, there will be a tendency to benefit the dominant and marginalizing minority parties so that they assume that public morality should not be included as a restriction. UDHR and ECHR use this term in their article. All of these international and regional law instruments stipulate this concept and national authorities use this as the foundation of their claim that there is no universal morality. So their public morality in each country can be the reason to implement these restrictions. Moreover, in some international provisions, it is stated that international or regional mechanisms are only complementary to domestic mechanisms. There are two questions that will be the focus of this research. The first is about whether public morals can be used as a reason for limitation, and the second is about who determines public moral standards as the basis for the limitation. The results of this study are that the protection of public morals can be used as a basis by the state to limit individual rights. Then, because there are no public morals that are universal, which means that public morals in each country are different, the state can issue policies in the form of legal provisions to determine an individual or group of people's actions are not in accordance with or in line with the public morals prevailing in their territory.","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":"130571224","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":"Online Arbitration as a New Way of Business Dispute Settlement in Indonesia","authors":"Pujiyono, S. Ahmad","doi":"10.2991/icglow-19.2019.60","DOIUrl":"https://doi.org/10.2991/icglow-19.2019.60","url":null,"abstract":"The business world develops faster than law. Business always requires speed including speed in handling disputes between parties. Online arbitration is a breakthrough that must be taken to bridge the speed of business and the availability of legal institutions in resolving disputes. Regulations in Indonesia tend to respond slowly to this change. Therefore this research is important to know the importance of online arbitration and what legal breakthroughs can be taken so that regulations can be accommodated in Indonesia. The legality of online arbitration can be found from the online arbitration agreement that should meet 4 preconditions of a legitimate agreement based on Civil Code considering the provision of Article 4 clause (3) of Law Number 30 of 1999 on Arbitration and Alternative Dispute Resolution, it can be said that the organization of online arbitration is possible when there is an agreement first between the parties to organize online arbitration. Indeed, Indonesia already has a regulation that recognizes electronic evidence as appropriate as physical evidence, except that the acknowledgment of online arbitration itself has not yet met with understanding. Keywords-Online Arbitration, Alternative Dispute Settlement, Business, Indonesia","PeriodicalId":246077,"journal":{"name":"Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019)","volume":"21 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":"127251934","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":"System of Universal People's Defense and Security: Concept to Fight on Drugs Crime in Indonesia","authors":"Y. Saefudin, Hartiwiningsih, Isharyanto","doi":"10.2991/icglow-19.2019.63","DOIUrl":"https://doi.org/10.2991/icglow-19.2019.63","url":null,"abstract":"The misuse and the illicit trafficking of drug in Indonesia are more and more apprehensive. The number of imported narcotics contraband is increasing. Based on the data from United Nation Office on Drugs and Crime (UNODC), Indonesia is the target of narcotics smuggling especially for the kind of shabu. Narcotics can be abused as the tool for demolishing certain states. In long term, those states will be collapse since their young generation consumes narcotics. Universal defense strategy is an effort to press the number of misuse and illicit trafficking of narcotics. In its implementation, concept of System of Universal People's Defense and Security (Sishanta) involves all components of the nation. National Narcotics Board (BNN) as a leading sector has a role as the coordinator in fighting against narcotics. Indonesian Army/ Indonesian National Police (TNI/ POLRI) support law enforcement and eradicate the illicit trafficking of narcotics either through land, sea, or air tracks. On the other hand, society should be more actively involved in preventing and eradicating narcotics; moreover, they should be more sensitive and braver to report to the authorized party if they see, hear, and find the misuse and the illicit trafficking of narcotics. KeywordsSishanta, Drugs Crime, Fight on Drugs, Universal People’s Defense","PeriodicalId":246077,"journal":{"name":"Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019)","volume":"177 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":"126001388","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}