Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019)最新文献_第9页

Factors that Cause Prisons in Indonesia Fail to Achieve the Goals of Punishment 导致印尼监狱未能达到刑罚目标的因素

Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019) Pub Date : 1900-01-01 DOI: 10.2991/icglow-19.2019.19

M. U. Nuha, Supanto, M. Jamin

引用次数: 0

Application of the Vicarious Liability Principles in Environmental Crime 环境犯罪中替代责任原则的适用

Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019) Pub Date : 1900-01-01 DOI: 10.2991/icglow-19.2019.66

K. P. Prayitno, D. H. Retnaningrum

{"title":"Application of the Vicarious Liability Principles in Environmental Crime","authors":"K. P. Prayitno, D. H. Retnaningrum","doi":"10.2991/icglow-19.2019.66","DOIUrl":"https://doi.org/10.2991/icglow-19.2019.66","url":null,"abstract":"Environmental crime is one of the criminal acts that may lead to significant negative impact and/or damage to human sustainability. Therefore, in criminal law, criminal acts related to the environment needs to be specifically regulated. The regulation can exist outside or comes in different form from the Criminal Code. The application of the vicarious liability principle include but not limited to the subject of criminal acts and criminal liability. The study aim to analyze the primary reason for the application of the vicarious liability, whether the application of the vicarious liability is appropriate and the formulation of sanctions for perpetrators in environmental crime . The method used is normative juridical with descriptive specifications and qualitative analysis. The primary reason to apply the doctrine of vicarius liability so that not only individual person that can be a subject to criminal sanctions but also to include corporations, thus this doctrine appropriate to be applied in environmental crime. The formulation of the regulation that offer application of sanctions in law No. 32 of 2009 on protection and management of the environment is to apply the doctrines of strick liabilty with vicariuos liabilty simultaneously and doctrine of premum remidium so as to provide a deterrent effect for the perpetrators. Keywords-Vicarious Liability, Environmental Crime,","PeriodicalId":246077,"journal":{"name":"Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019)","volume":"130 2 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":"124440900","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 Implementation of the Principles of Evidence of Evidence in the Consumer Dispute Settlement to Make Justice Just 在消费者纠纷解决中运用证据原则实现公平正义

Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019) Pub Date : 1900-01-01 DOI: 10.2991/icglow-19.2019.11

D. E. Wibowo, A. Sulistiyono, Lego Karjoko

{"title":"The Implementation of the Principles of Evidence of Evidence in the Consumer Dispute Settlement to Make Justice Just","authors":"D. E. Wibowo, A. Sulistiyono, Lego Karjoko","doi":"10.2991/icglow-19.2019.11","DOIUrl":"https://doi.org/10.2991/icglow-19.2019.11","url":null,"abstract":"According to Article 45 of Law Number 8 of 1999 concerning Consumer Protection, the settlement of consumer disputes can be carried out outside the court and in the court. Out-of-court dispute resolution is carried out by the Dispute Settlement Agency (BPSK). Settlement of consumer disputes in court is carried out with individual lawsuits, group lawsuits and non-governmental organizations. Settlement of consumer disputes falls within the realm of civil procedural law. According to Article 163 HIR / 283 RBG that the one who must prove it is whoever postulates something he must prove it. According to Article 19 Paragraph (5) the Consumer Protection Act states that a business actor is exempt from the responsibility of damage if it can be proven that the error is a consumer's fault, so the business actor sued by the consumer must prove that he is innocent (reversing the burden of proof). The principle of reversal of the burden of proof is adhered to by Law Number 8 of 1999 concerning Consumer Protection because consumers do not know the ingredients, the production process and the terms of distribution carried out by business","PeriodicalId":246077,"journal":{"name":"Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019)","volume":"121 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":"123764916","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

Reconstruction of the Completion of Presidential Election Dispute by Progressive Law Approach 从进步法学的角度重构总统选举之争的完成

Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019) Pub Date : 1900-01-01 DOI: 10.2991/icglow-19.2019.23

Nicholay Aprilindo, I. Handayani, A. Sulistiyono

引用次数: 1

Review of the Final and Binding Constitutional Court Decisions of the Republic of Indonesia 审查印度尼西亚共和国具有约束力的宪法法院最终判决

Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019) Pub Date : 1900-01-01 DOI: 10.2991/icglow-19.2019.92

Suparto

{"title":"Review of the Final and Binding Constitutional Court Decisions of the Republic of Indonesia","authors":"Suparto","doi":"10.2991/icglow-19.2019.92","DOIUrl":"https://doi.org/10.2991/icglow-19.2019.92","url":null,"abstract":"- This study aims to find out what the legal meaning of the Constitutional Court (MK) decisions are final and binding, and how the legal consequences arising from the final and binding decisions of the Constitutional Court. This type of research is a normative legal research, with secondary data. Based on the discussion, the result is that the Constitutional Court's decision which is final and binding contains 4 (four) legal meanings, First, realizing legal certainty as soon as possible for the disputing parties, the final nature of the Constitutional Court's decision refers to the desire to immediately realize legal certainty for justice seekers. Second, the existence of the Constitutional Court as a constitutional court, thus realizing the purpose of establishing the Constitutional Court as a guardian constitution. Third, meaningful as one form of social control conducted by the Constitutional Court, to determine which behavior is considered a deviation from the rule of law. Fourth, as the sole guardian and interpreter of the constitution, the Constitutional Court is not only an interpreter through its decisions, but also as a corrector whose application is reflected in examining and evaluating laws made by the House of Representatives and the President with the constitutional test stones through critical interpretation and dynamic. In addition, the Constitutional Court's decision which is final and binding, raises a number of legal consequences both positive and negative in its application. The Constitutional Court's Decision which causes positive legal consequences is to end a legal dispute; Maintain the principle of checks and balances; and Encouraging political processes. While the negative legal consequences are the closure of access to legal efforts and the occurrence of a legal vacuum when a decision is not carried out by the legislators.","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":"116629213","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

Effectiveness of Legal Construction: General Principles of Good Governance in Indonesia 法制建设的有效性:印尼善治的一般原则

Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019) Pub Date : 1900-01-01 DOI: 10.2991/icglow-19.2019.87

Edi Pranoto

引用次数: 1

Policy Rules Existence in the Implementation of One Door Integrated Service Policy in Indonesia 印尼“一门”综合服务政策实施中存在的政策规则

Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019) Pub Date : 1900-01-01 DOI: 10.2991/icglow-19.2019.86

Wijaya

引用次数: 0

Disharmonization beetwen Constitutional Court and Supreme Court Regarding Illicit Material on the Corruption Reviewed Concept of Pancasila Justice 宪法法院与最高法院在腐败非法材料问题上的不协调检视潘卡西拉司法概念

Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019) Pub Date : 1900-01-01 DOI: 10.2991/icglow-19.2019.67

S. Gumbira, Supanto, M. Rustamaji, Agus Riewanto

引用次数: 0

The Legal Framework of Green Governance in Archipelagic State Based on Constitution of The Republic of Indonesia 基于印度尼西亚共和国宪法的群岛国绿色治理法律框架

Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019) Pub Date : 1900-01-01 DOI: 10.2991/icglow-19.2019.9

T. Alfath, Lilik Pudjiastuti, D. Sunyowati

{"title":"The Legal Framework of Green Governance in Archipelagic State Based on Constitution of The Republic of Indonesia","authors":"T. Alfath, Lilik Pudjiastuti, D. Sunyowati","doi":"10.2991/icglow-19.2019.9","DOIUrl":"https://doi.org/10.2991/icglow-19.2019.9","url":null,"abstract":"- Indonesia was an archipelagic state that characterized by nusantara affirmed in Article 25A, constitution of the republic of Indonesia, Undang-Undang Dasar Negara Republik Indoensia (UUD NRI 1945) in chapter IXA which explains the territory of the country. This had two consequences, first, that sovereignty over the territory of Indonesia was based on the concept of an archipelagic state as stipulated in the United Nations Convention on the Law of the Sea 1982(UNCLOS 1982). Secondly, legal politics towards national development should be based on the concept of an archipelagic state that was insightful to nusantara. In this study, the emphasis was on the second consequence, namely national development that had nusantara insight, especially in matters of government that had principles green governance in carrying out their authority. The principle of green governance was actually inseparable from the green constitutional framework contained in the UUD NRI 1945, then it became a basic reference in formulating the legal framework green governance in government. This research also provided new ideas about coherenced between green governance and the concept of an archipelagic state, it was very necessary to create sustainable development in Indonesia. Because without regarded to the territorial characteristics of a country, this would create gaps and difficulties in implementing them in real terms. This research used legal research methods, with two approaches, namely statute approach, and conceptual approach.","PeriodicalId":246077,"journal":{"name":"Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019)","volume":"6 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":"117326599","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: 15

Government Policy in Mining Field to Encourage Indonesian Economy and Support Industrial Revolution 4.0 政府在矿业领域的政策鼓励印尼经济和支持工业革命4.0

Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019) Pub Date : 1900-01-01 DOI: 10.2991/icglow-19.2019.40

Surizki Febrianto, Suparto

{"title":"Government Policy in Mining Field to Encourage Indonesian Economy and Support Industrial Revolution 4.0","authors":"Surizki Febrianto, Suparto","doi":"10.2991/icglow-19.2019.40","DOIUrl":"https://doi.org/10.2991/icglow-19.2019.40","url":null,"abstract":"As a developing country, Indonesia which is heading towards developed countries is required to make efforts to accelerate economic growth. One way to do is to invite the investors to invest their capital in Indonesia, both domestic investors and foreign investors as contained in the Law of Republic Indonesia No. 25 of 2007 concerning Investment. One of the business sectors that can be improved in the context of improving the economy is mining. Related to the mining sector, Indonesia has the potential and superiority compared to other countries because of the First; Indonesia is a country that has the most complete mineral wealth in the world. The Second; Indonesia has relatively large and diverse types of energy sources, ranging from petroleum, gas, coal and other renewable energy sources. From the above, it must be known that the processing needs to be closely monitored by the government from upstream to downstream in mining activities, so that it has an impact on improving the Indonesian economy. On the one hand, indeed in terms of raw material and commodity trade, Indonesia holds a key position.This study using normative legal research methods by means of library research. This government policy in the mining sector will have a positive impact on the government and employers because the added value of semi-finished mining materials is higher, increasing state revenues from the tax and non-tax sectors, opening employment and encouraging the economic development of communities around the region where investors invest and supporting the 4.0 industrial revolution. Keywords-Policy, Investment, Mining, Economy, Industrial Revolution 4.0.","PeriodicalId":246077,"journal":{"name":"Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019)","volume":"72 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":"126681017","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