Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019)最新文献_第8页

Restitution for Victims of Terrorism 向恐怖主义受害者赔偿

Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019) Pub Date : 1900-01-01 DOI: 10.2991/icglow-19.2019.14

R. Hendriana

引用次数: 0

Community Policy in State Life in Indonesia 印度尼西亚国家生活中的社区政策

Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019) Pub Date : 1900-01-01 DOI: 10.2991/icglow-19.2019.62

Sumarji, Hartiwiningsih, H. Purwadi

引用次数: 0

Clause in Patent License Contract that Inhibits Technology Transfer Programs in Indonesia 印尼专利许可合同中限制技术转让项目的条款

Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019) Pub Date : 1900-01-01 DOI: 10.2991/icglow-19.2019.88

Bakti Trisnawati

引用次数: 0

Tanker Oil Pollution Insurance: The Importance of Protection and Indemnity Application in Indonesia 油轮油污保险:在印度尼西亚适用保赔的重要性

Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019) Pub Date : 1900-01-01 DOI: 10.2991/icglow-19.2019.80

E. K. Purwendah, L. Sulistiawati, Marsudi Triatmodjo

引用次数: 0

The Practical Settlement of Norm Dispute Upon Separated State Assets in The Limited Company of Stated-Owned Enterprise 国有企业股份有限公司国有资产分立规范纠纷的实践解决

Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019) Pub Date : 1900-01-01 DOI: 10.2991/icglow-19.2019.69

Arie Sudihar, I. Handayani, Waluyo Pujiyono

{"title":"The Practical Settlement of Norm Dispute Upon Separated State Assets in The Limited Company of Stated-Owned Enterprise","authors":"Arie Sudihar, I. Handayani, Waluyo Pujiyono","doi":"10.2991/icglow-19.2019.69","DOIUrl":"https://doi.org/10.2991/icglow-19.2019.69","url":null,"abstract":"The development of law in Indonesia is still questioning the position of the State-owned Enterprises (SOEs) in the theoretical and practical level of the State Finances. There has been no a similar understanding in determining whether there should be a separation between the state assets with the SOEs, considering that all or most of the SOE’s capital still comes from the State Wealth. This contradiction emerged as a result of the dual concepts of the private law and the public law in discerning the SOE’s assets. The private law sees that every state assets in the SOEs considered as state assets, but on the other hand the public law perceives the state assets in the SOEs as an integral part of it and not a state wealth. This legal dualism leads to a discussion on how to position the SOEs when it comes to the SOEs legal obligation when their business activities harm the State Finances. Therefore, this paper tries to conduct a research by using a qualitative approach in analyzing the implementation of the SOE’s legal practices in the judicial process. The correlation between the practice process and the theory in responding to the legal norms that are related to the State Wealth especially in the criminal justice process will be the expected research finding. KeywordsState-owned Enterprises, SOEs, State Finances, Corporate Legal Obligation","PeriodicalId":246077,"journal":{"name":"Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019)","volume":"67 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":"131016760","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 Values Sasi Customary Law in the Formation of Regional Regulations on Environmental Sector 价值萨西习惯法在环境部门区域法规形成中的实施

Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019) Pub Date : 1900-01-01 DOI: 10.2991/icglow-19.2019.76

S. D. Baranyanan, I. Handayani, Isharyanto

{"title":"Implementation of The Values Sasi Customary Law in the Formation of Regional Regulations on Environmental Sector","authors":"S. D. Baranyanan, I. Handayani, Isharyanto","doi":"10.2991/icglow-19.2019.76","DOIUrl":"https://doi.org/10.2991/icglow-19.2019.76","url":null,"abstract":"-Sasi is one of the customary laws that is still adhered to by all communities in the Maluku islands. However, the main value contained in sasi is more to emphasize the existence of a certain legal right or legal concern over something or material. The benefit value from sasi which is often practiced by the people in Maluku is usually, Sasi is made to protect and preserve nature, one of Sasi's love for coconut trees which is the natural production of copra oil in slaughtered communities and also sea sasi which protects the sea from environmental damage from fishing. unlawfully. This research, the empirical or non-doctrinal juridical methods intended as an effort to approach the problem under study have a connection with the rule of law that develops in society. To obtain the scientific truth that is expected, in this study an empirical approach is used as well as using qualitative analysis. The result show that local wisdom owned by the Kei Archipelago community needs to be used as a model in the formation of laws and regulations in the region in the field of the natural environment to protect and preserve the environment in the area. out of the noble values of the law sasi.","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":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130106631","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

Model of Indigenous Community Participation in Tackling Illegal Fishing in the Selaru Island Waters of West Southeast Maluku 马鲁古东南西部塞拉鲁岛海域非法捕鱼的土著社区参与模式

Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019) Pub Date : 1900-01-01 DOI: 10.2991/icglow-19.2019.77

R. A. Fitriono, B. Arief, F. Samekto

{"title":"Model of Indigenous Community Participation in Tackling Illegal Fishing in the Selaru Island Waters of West Southeast Maluku","authors":"R. A. Fitriono, B. Arief, F. Samekto","doi":"10.2991/icglow-19.2019.77","DOIUrl":"https://doi.org/10.2991/icglow-19.2019.77","url":null,"abstract":"LIPI Oceanographic Research Center reveals that only 35% of Indonesia's coral reefs are classified as very good. While 27.18% were classified in good condition, 37.25% were in adequate condition, and 30.45% were in bad condition. the last half century of coral reef degradation in Indonesia increased from 10% to 50%. Even some fisheries areas in Indonesia already face symptoms of overfishing for several important commodity groups, such as large pelagic, small pelagic, shrimp, and demersal fish. Ironically, small fishermen who feel the impact of the threat of scarcity of fisheries. This research is a study using the socio legal research approach. Socio legal research approach means that there are two aspects of research. First, legal research aspects, and second, socio research. The Indigenous Community Participation Model in Tackling Illegal Fishing in the Selaru Island of West Southeast Maluku namely through the sasi customary law model, Sasi Laut only applies to superior strategic commodities of the sea that have high economic value. Thus, the community is free to engage in fishing activities in the Sasi Sea region by the requirement not to use fishing gear that damages sea areas such as fish bombs, cyanide, and fish (electric) stingers. In upholding illegal fishing through customary sasi law, indigenous peoples have a very important role in upholding the implementation of sea sasi, indigenous peoples form customary institutions, namely 1) through the church, 2) Customary parties, in this case represented by soa petuanan authority holders at sea, and 3) Village government.","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":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130224326","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

Criminal Law Policy Formulation to Prevent Cybersex Based on Civility Values 基于文明价值观的防范网络性行为刑法政策制定

Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019) Pub Date : 1900-01-01 DOI: 10.2991/icglow-19.2019.47

M. Khakim, Supanto, W. T. Novianto

引用次数: 0

ASEAN Banking Integration and Its Impacts to the Banking Industry in Indonesia 东盟银行业一体化及其对印尼银行业的影响

Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019) Pub Date : 1900-01-01 DOI: 10.2991/icglow-19.2019.24

Handriyanto Wijaya, Jamal Wiwoho, E. Latifah

{"title":"ASEAN Banking Integration and Its Impacts to the Banking Industry in Indonesia","authors":"Handriyanto Wijaya, Jamal Wiwoho, E. Latifah","doi":"10.2991/icglow-19.2019.24","DOIUrl":"https://doi.org/10.2991/icglow-19.2019.24","url":null,"abstract":"This study aimed to know how the development of economic liberalization has had an impact on tight competition in the banking industry sector. Therefore, to face the challenges of competition in the region, the ASEAN Banking Integration Framework (ABIF) was established. ABIF was established on the initiative of regional cooperation in the banking sector for the ASEAN region as stipulated in the ASEAN Framework Agreement on Services (AFAS). The AFAS agreement is useful to accelerate ASEAN Banking Integration. The type of research method used is legal normative by conducting a libary research. In its implementation, ABIF is conducted bilaterally with other ASEAN member countries by negotiating market access and operational coverage of banks in other ASEAN countries based on the policies of the Qualified ASEAN Banks (QAB). As a form of Indonesia's commitment to support the ASEAN Banking Integration, on January 18, 2016, Indonesia has ratified the Protocol to Implement the Sixth Package of Commitments on Financial Services under the ASEAN Framework Agreement on Services with the enactment of Law Number 4 of 2018. Post the ratification of the Sixth Protocol AFAS turned out to have an impact on the banking industry in Indonesia, that every Indonesian bank wishing to expand into other ASEAN countries was required to comply with the QAB policies. The benefits of banks that have met the QAB will get an increase in affordable banking products and quality in the country. In order to obtain legal certainty for Indonesian banks with QAB standards, the reciprocal principle will be applied, which allows Indonesian banks to operate in other ASEAN countries as well as local banks in their destination countries.","PeriodicalId":246077,"journal":{"name":"Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019)","volume":"46 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":"115460058","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

Some Problems in the Implementation of the Business Judgment Rule Principles to the Directors of State-Owned Enterprises in Indonesia 印尼国有企业董事执行业务判断规则原则的若干问题

Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019) Pub Date : 1900-01-01 DOI: 10.2991/icglow-19.2019.59

B. S. Rukmono, Soehartono

{"title":"Some Problems in the Implementation of the Business Judgment Rule Principles to the Directors of State-Owned Enterprises in Indonesia","authors":"B. S. Rukmono, Soehartono","doi":"10.2991/icglow-19.2019.59","DOIUrl":"https://doi.org/10.2991/icglow-19.2019.59","url":null,"abstract":"Principles of Business Judgment Rule is not a principle that has existed for years. This principle is like two sides of a coin, on the one hand it is used to ensure directors work according to the corridor, on the other hand it can be used to protect moral hazard of the company's directors. In Indonesia this principle is often present in the trial of corruption cases for the benefit of the second side. Although in fact there has been a harmonization of principles in the management of the Business Rule in Indonesia, the Company has set out in Regulation of Legislation in Indonesia. But in its application is still not optimal. Based on several corruption cases that have occurred in Indonesia, the Board of Directors has not been able to protect them. The company law and BUMN are still limited to accommodating this principle, not yet explaining in detail what conditions and how this principle can be applied.The results of this study indicate that there are already regulating regulations related to the principles of the business judgment rule, but in the regulation it has not been implemented, because many who do not know the directors of state-owned enterprises can be protected by the principle of business judgment rules, and in those regulations not specific set criteria to meet the principles of the business judgment rule. Keywords-Business Judgment Rule; Directors; StateOwned Enterprises; Business Decisions; Indonesia","PeriodicalId":246077,"journal":{"name":"Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019)","volume":"20 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":"132566047","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