Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019)最新文献_第7页

Online Transportation: Violation of Privacy Rights and Vulnerability to Sexual Violence by Drivers in Digital Platform-Based Work 在线交通:基于数字平台工作的司机侵犯隐私权和易受性暴力侵害

Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019) Pub Date : 1900-01-01 DOI: 10.2991/icglow-19.2019.61

Hernawan Hadi, Kukuh Tejomurti, M. Imanullah, Nurhidayatuloh

引用次数: 2

Pancasila as the Highest Legal Source and Inspiration for Other Countries in the World 潘卡西拉作为最高法律渊源及对世界其他国家的启示

Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019) Pub Date : 1900-01-01 DOI: 10.2991/icglow-19.2019.37

Boboev Hasan, Supanto, Soehartono

引用次数: 0

Principle of Obligation to Pay in Terms of Pollution at Sea 海上污染赔偿义务原则

Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019) Pub Date : 1900-01-01 DOI: 10.2991/icglow-19.2019.74

Lynda Asiana, Supanto, H. Purwadi

{"title":"Principle of Obligation to Pay in Terms of Pollution at Sea","authors":"Lynda Asiana, Supanto, H. Purwadi","doi":"10.2991/icglow-19.2019.74","DOIUrl":"https://doi.org/10.2991/icglow-19.2019.74","url":null,"abstract":"One of the basic rights for all citizens is the right to a healthy environment. UNCLOS contains general provisions relating to environmental issues. One of UNCLOS's provisions is that States have the obligation to protect and preserve the marine environment. In terms of legal substantial, as a form of the constitutional mandate imposed on the government of the Republic of Indonesia is with the approval of the House of Representatives, the president ratified the legal regulations namely Law No. 32 of 2009 concerning Environmental Protection and Management and Law No. 32 of 2014 concerning Maritime Affairs. The principle of obligation to pay for pollution is regulared by the Organization for Economic Co-Operation and Development (OECD) in 1972. Regarding the Competence of Courts, the follow up of compensation in accordance with the CLC can only be done based on the court decision of the member state of the convention in the territorial environment where the sea accident occurred. If accidents and pollution occur in Indonesian marine, the investigation of the case is carried out by the Indonesian court based on the applicable laws and regulations. Legal liability in accordance with the CLC convention applies the Strick Liability principle with the exception of damage as a result of war or natural disasters, as a result, and sabotage of another party or damage caused by another party does not maintain navigation aids properly. In the Elucidation of article 87 of Law No. 32 of 2009 it is stated that the perpetrators of pollution in addition to paying compensation, the judge can burden the pollution perpetrators to take certain legal actions, for example, orders for a. installing or repairing waste treatment units so that the waste is in accordance with specified environmental quality standards; b. restore environmental functions; and/or c. eliminate or destroy the cause or emergence of environmental pollution and/damage. Keywords-Pollution, Obligation to Pay, Compensation, Pollution Prevention.","PeriodicalId":246077,"journal":{"name":"Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019)","volume":"10 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":"124078153","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

Impact of the Indonesia Australia Free Trade Agreement 印尼澳大利亚自由贸易协定的影响

Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019) Pub Date : 1900-01-01 DOI: 10.2991/icglow-19.2019.18

Mutimatun Niami, A. Sulistiyono, Pujiono Pujiono, Burhanudin Harahap

引用次数: 2

Need Online Fiduciary that Can Strengthening Law And Justice 需要能够加强法律和正义的网络信托

Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019) Pub Date : 1900-01-01 DOI: 10.2991/icglow-19.2019.8

L. E. Susanti, M. Imanullah, Pujiyono

引用次数: 0

Development Legal Principle to Overcoming Environmental Damage in West Java and East Java Province Indonesia 印尼西爪哇省和东爪哇省克服环境破坏的发展法律原则

Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019) Pub Date : 1900-01-01 DOI: 10.2991/icglow-19.2019.13

Yeni Widowaty, Dinda Riskanita

{"title":"Development Legal Principle to Overcoming Environmental Damage in West Java and East Java Province Indonesia","authors":"Yeni Widowaty, Dinda Riskanita","doi":"10.2991/icglow-19.2019.13","DOIUrl":"https://doi.org/10.2991/icglow-19.2019.13","url":null,"abstract":"Environmental damage in West Java and East Java Province is caused by many land-conversion factors that occur in some areas, especially in high altitude and protected areas. The problem formulation in this research what is policy to overcome environmental damage to realize sustainable development based on development legal principle in West Java and East Java Indonesia. The research is done by socio-legal method. By observing the social aspects and prevailing laws and regulations, this study gained research results that during this time there was an inconsistency of the regional government in maintaining the regional design as stipulated in the legislation and in particular the regional regulation. This is evidenced by the implementation and law enforcement in case of environmental crime that are still weak, so that criminal sanctions are considered appropriate to minimize environmental crime. The conclusion obtained is necessity to apply the primum remedium principle of criminal law on regulations in order to realize environment sustainability. Keywords-Environment, Regulation, Sustainable","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":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130995840","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 Constitutional Court Decision Regarding Disputes of Legislative Election; from a Progressive Law Enforcement to the Recognition of Customary Law Communities in Democracy 宪法法院关于立法机关选举争议的判决从进步执法到对民主中习惯法共同体的承认

Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019) Pub Date : 1900-01-01 DOI: 10.2991/icglow-19.2019.42

S. Suparto, Ellydar Chaidir

{"title":"The Constitutional Court Decision Regarding Disputes of Legislative Election; from a Progressive Law Enforcement to the Recognition of Customary Law Communities in Democracy","authors":"S. Suparto, Ellydar Chaidir","doi":"10.2991/icglow-19.2019.42","DOIUrl":"https://doi.org/10.2991/icglow-19.2019.42","url":null,"abstract":"Decision of the Constitutional Court Number: 47-18 / PHPU. A / VII / 2009 Concerning Disputes over Election Results of the Regional Representative Council Members, Electoral District of Yahukimo Regency, Papua is a breakthrough step in a progressive law enforcement effort. The research method used a normative juridical and descriptive analysis The Constitutional Court views that elections in Yahukimo Regency are indeed not held based on the prevailing laws and regulations, but the Constitutional Court can understand and respect the cultural values that live in the typical Papuan community in holding general elections by means of a system of citizen agreement or acclamation or Noken system. This is a form of progressive law enforcement and at the same time recognition of indigenous peoples in democracy. In addition, through this ruling the Constitutional Court has recognized the existence and rights of indigenous peoples, because so far the court has often been unable to be relied upon to develop a legal breakthrough for the recognition of the existence and rights of indigenous peoples because it is still very much dominated by the legal-positivistic paradigm. The Noken system is still very strong because it is still widely applied by various cultural communities of indigenous Papuans. Deliberation in the Noken system is a discursive and contestation practice to determine political decisions, such as candidates or political parties in elections. The core of the Noken system is community participation through consultation and discussion in determining political choices collectively and this is the local wisdom that is applied by the Papuan people","PeriodicalId":246077,"journal":{"name":"Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019)","volume":"84 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":"128876501","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

Informed Consent as Fulfillment of Rights and Obligations in Therapeutic Transactions Indonesian Medical Services 知情同意是印度尼西亚医疗服务中治疗交易权利和义务的履行

Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019) Pub Date : 1900-01-01 DOI: 10.2991/icglow-19.2019.84

Teguh Anindito

{"title":"Informed Consent as Fulfillment of Rights and Obligations in Therapeutic Transactions Indonesian Medical Services","authors":"Teguh Anindito","doi":"10.2991/icglow-19.2019.84","DOIUrl":"https://doi.org/10.2991/icglow-19.2019.84","url":null,"abstract":"- The informed consent principle functions to protect the autonomy and integrity of individuals who have the right to make their own choices freely for treatment to be carried out by doctors/medical personnel. According to MKDKI 80% of the 135 cases reported were caused by poor communication between doctors and patients. This study aims to analyze informed consent in therapeutic transactions as a fulfillment of rights and obligations for doctors and patients. The research was conducted in a normative juridical method, emphasizing the norms in legislation, theories, and doctrines related to health law, especially the study of informed consent. The data obtained is analyzed by the logic of deduction, taking into account the legal concept in the system of legislation. The results of the study find that urgency of informed consent is to protect and increase patient autonomy, protect patients and prevent manipulative and coercive actions and increase the attitude of self-awareness of the medical teamTherefore, medical personnel must be rational as both medics and moralists. Medical personnel needs to pay attention to the implementation of informed consent and standard professional practice in accordance with applicable regulations.","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":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126865599","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

The Effect of Globalization on Law and Business 全球化对法律和商业的影响

Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019) Pub Date : 1900-01-01 DOI: 10.2991/icglow-19.2019.95

Liliana Tedjosaputro

{"title":"The Effect of Globalization on Law and Business","authors":"Liliana Tedjosaputro","doi":"10.2991/icglow-19.2019.95","DOIUrl":"https://doi.org/10.2991/icglow-19.2019.95","url":null,"abstract":"Globalization in Indonesia is inevitable because Indonesia is involved in international relations with countries in the world. The problem is how does globalization affect law and business? The writing method is normative juridical, using secondary data as key data and primary data as supporting data. Secondary data sources that are used include official documents, books, journals, research results in the form of reports, and so on obtained by means of literature study. The industrial revolution that began in the late 18th century continued with the Industrial Revolution 2.0 that occurred in the 19-20th century and then the Industrial Revolution 3.0 began in the early 1970s. In early 2018 was the Industrial Revolution 4.0 which combines Cyber Physical Systems, the Internet of things, Networks, in this era began in the virtual world. In this era, human work was replaced with robots thereby reducing human manual work hence there was a shift and change due to digitization and automation so that people must be prepared to face and respond to these changes. Society 5.0 restores the glory of human civilization because of its physical, digital, and biological collaboration completed with spiritual aspects, in this case religion, will again lead science. The conclusion is that the impact of the industrial revolution 4.0 and society 5.0 is an increasingly global world so that national borders seem to be gone, in fact Indonesia's morals, culture and national identity will be difficult to prevent the entry of foreign cultures. For this reason, superior Human Resources are important to make a breakthrough and become an advanced nation in facing and responding to globalization, namely Human Resources who have the criteria of virtuous character, strong character, tolerant, honest, have Pancasila ideology, hard worker, which can be achieved through education and utilization of good technology and can increase industrial added value. Keywords-Globalization, Law, Business, Human Resources","PeriodicalId":246077,"journal":{"name":"Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019)","volume":"25 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":"114783189","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

Implementation of the Principles for Responsible Banking in Indonesian Banking Practices to Realize Sustainable Development Goals 在印尼银行业实践中实施负责任银行原则以实现可持续发展目标

Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019) Pub Date : 1900-01-01 DOI: 10.2991/icglow-19.2019.26

Lastuti Abubakar, Tri Handayani

{"title":"Implementation of the Principles for Responsible Banking in Indonesian Banking Practices to Realize Sustainable Development Goals","authors":"Lastuti Abubakar, Tri Handayani","doi":"10.2991/icglow-19.2019.26","DOIUrl":"https://doi.org/10.2991/icglow-19.2019.26","url":null,"abstract":"- This study aimed to know : (i) the implementation of principle for responsible banking in Indonesia to support sustainable development goals ; (ii) the implementation of CSR and the use and management of Environmental Recovery Guarantee Funds to support the achievement of social, environmental and governance integration to realize responsible banking; (iii) Sustainable Financial Action and Sustainability Report as a means of supervising and monitoring of Bank in implementing responsible banking principles. This research is descriptive analytical research and using a normative juridical approach by prioritizing an analysis of secondary data in the form of primary legal materials, secondary legal materials; and tertiary legal materials. Further, the data obtained were analyzed qualitatively and juridical. The conclusions of this study was : (i) the implementation of principles for responsible banking has not been carried out optimally because of several issues, namely: regulations related to sustainable development goals are spread and partial in nature; (ii) implementation of CSR and the use and management of Environmental Funds have not been optimal to support the achievement of social, environmental and governance integration to realize responsible banking; (iii) Sustainable Financial Action and Sustainability Report have not become a means of supervising and monitoring of Bank in implementing responsible banking principles.","PeriodicalId":246077,"journal":{"name":"Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019)","volume":"285 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":"125238983","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: 8