{"title":"Notary Role in the Development of Sharia-Based Economy","authors":"E. Natasari, B. Ginting, Runtung, S. Kalo","doi":"10.2991/assehr.k.200306.185","DOIUrl":"https://doi.org/10.2991/assehr.k.200306.185","url":null,"abstract":"The majority population of Indonesia is Muslim and thus, is a large market share to develop business with the sharia economic system. The presence of a notary is necessary to ensure legal certainty for the community in conducting transactions in sharia. The method used in this study was normative juridical using secondary data. The results indicate that the Notary is a public official who is authorized to conduct authentic deeds and has other authorities based on the Act of Notary Position. Notaries play a role in supporting the development of sharia-based economy, such as drafting Islamic contracts in Islamic banking or other financial institutions. One of the potential disputes in sharia economic transactions is one or more parties who practice transactions without following the sharia principles. This is because one of the defaulters did not implement the contract consisting of the notarial deed they agreed to. The urgency of deed Notary in sharia economic transactions is vital to guarantee the rights and obligations of parties involved in the contract. The making of authentic deeds is undertaken in the framework of creating certainty, order, legal protection, and to avoid future disputes.","PeriodicalId":276491,"journal":{"name":"Proceedings of the International Conference on Law, Governance and Islamic Society (ICOLGIS 2019)","volume":"153 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":"133770676","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":"Indonesian Government Policies in Protecting the Rights of People with Disabilities in Getting a Job at Indonesian State-Owned Enterprises","authors":"Susiana, Wardah","doi":"10.2991/assehr.k.200306.209","DOIUrl":"https://doi.org/10.2991/assehr.k.200306.209","url":null,"abstract":"The Government of Indonesia has approved and signed an important number of domestic laws and international conventions/treaties relating to the rights and opportunities of persons with disabilities, and one of those is the right to work. The right has been guaranteed in Article 27 of the 1945 State Constitution of the Republic of Indonesia. For assuring the persons with disabilities can access their rights for work, the Government of Indonesia has issued the Law Number 8 Year 2016 on Persons with Disabilities, and in Article 53 provides the obligations for the central and local government, state-owned enterprises of Indonesia, and provincial-owned enterprises to employ persons with disabilities at least 2% of their total workers. This research is conducted to analyze the policies and strategic planning of the government of Indonesia, local government, state-owned enterprises of Indonesia and provincialowned enterprises, related to the obligations as declared in the Law. The results show that the Ministry of Labor and the Ministry of State Owned Enterprises of Indonesia has signed a Memorandum of Understanding on placement and training for persons with disabilities at state-owned enterprises of Indonesia. One of the state-owned enterprises of Indonesia (bank) has recruited persons with disabilities in every of its regional offices.","PeriodicalId":276491,"journal":{"name":"Proceedings of the International Conference on Law, Governance and Islamic Society (ICOLGIS 2019)","volume":"54 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":"115887758","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}
W. B. F. Pasaribu, K. Syafruddin, Suwarto, A. Madiasa
{"title":"Rehabilitation System as Legal Protection Efforts for Victims of Narcotics Crime","authors":"W. B. F. Pasaribu, K. Syafruddin, Suwarto, A. Madiasa","doi":"10.2991/assehr.k.200306.223","DOIUrl":"https://doi.org/10.2991/assehr.k.200306.223","url":null,"abstract":"Drug abuse has become a problem in the world. For addicts, the government has sought to reduce the adverse effects of drug use by providing rehabilitation facilities. Rehabilitation aims for victims of drug users to recover, be productive, and become the nation's successors in the future. Meanwhile, the position of a user in the Narcotics Law is still as a perpetrator. So, the user does not get the maximum care and recovery because he has to stay in prison. This study discusses the legislation regarding the legal protection of narcotics crimes victims and the law enforcement efforts in protecting victims of narcotics crimes in Indonesia. The research method in this study is normative juridical. This research is an analytical descriptive. The results of the study show that the effectiveness of regulations regarding rehabilitation by victims of narcotics crimes does not always go well. The interpretation of law enforcement officers regarding rehabilitation is not the same so that there are multiple interpretations. Some law enforcement officers make victims as perpetrators of crime. Therefore in the future, law enforcement will prioritize the rights of victims of narcotics crimes for legal certainty and legal justice.","PeriodicalId":276491,"journal":{"name":"Proceedings of the International Conference on Law, Governance and Islamic Society (ICOLGIS 2019)","volume":"27 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":"115442693","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":"Legal Protection for Micro, Small, and Medium Enterprises in Aceh Province, Indonesia","authors":"Yusri, T. Kamello, Husni, Imam Jauhari","doi":"10.2991/assehr.k.200306.224","DOIUrl":"https://doi.org/10.2991/assehr.k.200306.224","url":null,"abstract":"This study aims to raise the urgency and explain the types of legal protections for micro, small and medium enterprises (SMEs) for their better involvement in free world trade. This research used a juridical normative method and library research to collect the data. The research results that SMEs need to be protected because they are an integrated part of the economy, which has potential to improve the economy of citizens. The legal protection for the enterprises needs to be offered sustainably as a whole and in optimal capacity through developing conducive climates, offering opportunity for businesses, and supporting the enterprises. This will improve the roles of SMEs for economic development and equality, public welfare, and lower unemployment rate, which eradicates poverty. The law for SMEs has provided protections which are protective, facilitative, and consultative.","PeriodicalId":276491,"journal":{"name":"Proceedings of the International Conference on Law, Governance and Islamic Society (ICOLGIS 2019)","volume":"111 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":"122543034","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":"Registration Conflict of Sultan Grant Land in Melayu Deli","authors":"Rafiqi, O. Saidin, M. Lubis, E. Ikhsan","doi":"10.2991/assehr.k.200306.201","DOIUrl":"https://doi.org/10.2991/assehr.k.200306.201","url":null,"abstract":"Humans and land have a cosmic, magical, religious, and legal relationship. The Sultan Grant in the territory of the native Malayu kingdom was under the direct rule of the Sultan. Since the establishment of the Basic Agrarian Law, land rights have been changed. The Sultan's Grant is an Indigenous Melayu land issued by the Sultan, but to date it not yet registered. The problem addressed in this study was how to convert the Sultan Grant land based on the Basic Agrarian Law Number 5 of the Year 1960. This study employed normative juridical research using descriptive analysis. The results revealed that the issuance of certificates in the location of grants must fulfill land registration procedures adhering to the Government Regulation (Peraturan Pemerintah), Number 24 of the Year 1997. In Summary, the Sultan Grant lands must be registered through the National Land Agency in following the Government Regulations. It is suggested for the government to socialize to the Sultan Grant owners about registering their land.","PeriodicalId":276491,"journal":{"name":"Proceedings of the International Conference on Law, Governance and Islamic Society (ICOLGIS 2019)","volume":"38 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":"127331124","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 Effect of Legal Culture Toward Criminal Policies of Bribery in Indonesia","authors":"A. Surbakti, Ediwarman, Madiasa","doi":"10.2991/assehr.k.200306.177","DOIUrl":"https://doi.org/10.2991/assehr.k.200306.177","url":null,"abstract":"This research aims to analyse the influence of legal culture on criminal policies of bribery in Indonesia. As a new weapon in the prevention and eradication of corruption, Indonesia has ratified the 2003 United Nation Convention against Corruption (UNCAC), which stated that corruption is a common enemy in the international community. Criminalisation towards bribery as a part of corruption is not only against domestic public officials but also foreign public officials and officials of international organisations. Furthermore, bribery in the private sector is also categorised as corruption. This research used juridical-normative data analysis methods. The results of the study concluded that law as a cultural product was strongly influenced by non-legal factors such as values, norms, attitudes, and views of society as a reference in criminal acts of bribery that pay attention to the substance of law, legal structure, and emphasise legal culture to foster public awareness of their rights and obligations as citizens in the context of upholding law and justice.","PeriodicalId":276491,"journal":{"name":"Proceedings of the International Conference on Law, Governance and Islamic Society (ICOLGIS 2019)","volume":"100 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":"127343651","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":"Industrial Dispute Settlement in Industrial Relations Court of Banda Aceh","authors":"Eka Kurniasari","doi":"10.2991/assehr.k.200306.186","DOIUrl":"https://doi.org/10.2991/assehr.k.200306.186","url":null,"abstract":"Industrial relations dispute settlement is needed in dealing with industrial relations dispute, particularly, the dispute on termination of employment. The settlement is aimed to prevent both parties involved from suffering. The settlement for the dispute can be done by several measures. First, negotiation between the parties in dispute in deliberation bargaining. Next, a third party is brought into the dispute in conciliation and mediation, as a non-litigation process that can preserve the relationship between parties in dispute. Finally, taking the dispute to the industrial relation court that can be ended by agreement between both parties or court decision providing a win-lose solution. This paper examines the causes of termination of employment cases brought before the court and the settlement process. It is important to know the causes of the dispute to find a proper solution that brings justice to each party.","PeriodicalId":276491,"journal":{"name":"Proceedings of the International Conference on Law, Governance and Islamic Society (ICOLGIS 2019)","volume":"16 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":"132012317","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":"Legal Protection for Coastal and Marine Activities from Pollution of the Marine Environment","authors":"Suhaidi, Rosmalinda, Arif","doi":"10.2991/assehr.k.200306.207","DOIUrl":"https://doi.org/10.2991/assehr.k.200306.207","url":null,"abstract":"Indonesia has potential coastal and marine resources. Community, Private sector and local government should manage and develop them. There are various activities along the coast in North Sumatera Province. This research focused on Serdang Bedagai District and Medan City. As local assets and tourism destination, the local government should ensure the sustainability of the coastal and marine resources. However, there are threats for the coastal and marine resources, namely marine pollutions. This research discusses two problems: (a) How vulnerable the coastal and marine activities are to marine pollution? (b) Is there a regulation concerning legal protection for those coastal activities? This research consists of the literature review and field research. The author interviewed the local government, coastal business manager, and community. As results, (a) None of the informant worried about the marine pollution, especially due to the sea traffic; (b) There is none regulation concerning the protection of coastal and marine activities from marine pollution. As recommendation, local and provincial department should draft a regulation concerning legal protection for coastal and marine activities in Serdang Bedagai due to the increased number of ship traffic after the operation of the Kuala Tanjung Port in North Sumatra Province.","PeriodicalId":276491,"journal":{"name":"Proceedings of the International Conference on Law, Governance and Islamic Society (ICOLGIS 2019)","volume":"110 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":"122642745","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 Regulatory Framework of Village-Owned Enterprise in Indonesia: Does It Conform with Good Corporate Governance Principles?","authors":"Detania Sukarja, M. Siregar, T. Lubis","doi":"10.2991/assehr.k.200306.184","DOIUrl":"https://doi.org/10.2991/assehr.k.200306.184","url":null,"abstract":"The establishment of Village-Owned Enterprises (“BUM Desa”) in Indonesia is expected to improve the village economy. Business entities like BUM Desa receiving capital from the public budget must apply Good Corporate Governance (GCG) principles, which include transparency, accountability, responsibility, independence and fairness. BUM Desa need to be managed based on these principles to reach their maximum potential and fulfil public accountability. A few studies have shown that many public organizations have not been able to ensure public accountability. Laws and regulations on BUM Desa do not specify and regulate GCG principles explicitly. Previous regulations actually contain clearer management principles in line with GCG principles. However, these have been revoked. This paper aims to examine and discuss the accommodation of GCG principles in the laws and regulations related to BUM Desa and the extent to which they intersect with GCG principles. It is part of a research project that examine the implementation of GCG principles in BUM Desa in North Sumatera region. Based on normative legal research, this paper concludes that the current legal framework on BUM Desa contains provisions which mirror the aspects of the GCG, in essence, aim to implement parts of the GCG. Unfortunately, it is still not adequately comprehensive. The legal framework should explicitly contain and adopt the principles of GCG, which consist of transparency, accountability, responsibility, independence and fairness. These principles must then be translated and formulated in such a way that it can be implemented in accordance with the capacity of BUM Desa to provide a comprehensive management and accountability standard for BUM Desa.","PeriodicalId":276491,"journal":{"name":"Proceedings of the International Conference on Law, Governance and Islamic Society (ICOLGIS 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":"130330830","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":"Legal Formulation to Protect the Victims of Criminal Sexual Violence in the Household","authors":"Syaiful Asmi Hasibuan, Ediwarman, Madiasa Ablisar, Marlina","doi":"10.2991/assehr.k.200306.210","DOIUrl":"https://doi.org/10.2991/assehr.k.200306.210","url":null,"abstract":"Children who are the victims of sexual violence in the household should have legal protection because one of the objectives of the establishment of the Republic of Indonesia is to protect its citizens (child victims of criminal acts). However, they often fail to obtain legal protection. This study discussed the legal formulation to protect the child victims of sexual violence crimes in the household. The research used normative legal research to analyze legal formulations to protect child victims of criminal sexual violence in the family. In conclusion, a legal rule is needed that can directly protect the children victims of sexual","PeriodicalId":276491,"journal":{"name":"Proceedings of the International Conference on Law, Governance and Islamic Society (ICOLGIS 2019)","volume":"122 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":"114168608","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}