Proceedings of the 2nd International Conference on Law, Economic, Governance, ICOLEG 2021, 29-30 June 2021, Semarang, Indonesia最新文献_第2页

Improving the Role of Ombudsman as a Monitoring Institution of Public Organization in Indonesia 改善监察员作为印度尼西亚公共组织监督机构的作用

Proceedings of the 2nd International Conference on Law, Economic, Governance, ICOLEG 2021, 29-30 June 2021, Semarang, Indonesia Pub Date : 1900-01-01 DOI: 10.4108/eai.29-6-2021.2312598

Budi Ispriyarso, S. Badriyah

{"title":"Improving the Role of Ombudsman as a Monitoring Institution of Public Organization in Indonesia","authors":"Budi Ispriyarso, S. Badriyah","doi":"10.4108/eai.29-6-2021.2312598","DOIUrl":"https://doi.org/10.4108/eai.29-6-2021.2312598","url":null,"abstract":"The Ombudsman in Indonesia is regulated based on Law Number 37 of 2008 concerning the Republic of Indonesia’s Ombudsman. One of the Ombudsman’s legal product results in public scrutiny is a recommendation. Based on the existing facts, 60 percent of the Ombudsman’s recommendations were not complied with by the reported institution. The purpose of this study is to strengthen the function and authority of the RI ombudsman as a public service supervisory agency. The problems are: 1). What is the Ombudsman’s role as a public administration supervisor in Indonesia; 2). How to increase the Ombudsman’s role as a supervisor in delivering public services. The research method used in this research is normative juridical emphasizing secondary data. The results showed that the Ombudsman role was not optimal as a supervisory agency for implementing public services, especially concerning the recommendations issued, many of which were not obeyed by the reported institutions. The Ombudsman in the future must be strengthened by giving the Ombudsman the authority to directly apply administrative sanctions on the reported institution. The Ombudsman does not only provide recommendations, but so that the Ombudsman becomes an adjudicator. Therefore, it is necessary to immediately issue a Presidential Regulation that further regulates this matter.","PeriodicalId":385733,"journal":{"name":"Proceedings of the 2nd International Conference on Law, Economic, Governance, ICOLEG 2021, 29-30 June 2021, Semarang, Indonesia","volume":"156 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":"116413388","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

Advantages and Disadvantages of Implementing the Electronic Information and Transactions Law on Freedom of Speech 论《电子信息交易法》中言论自由的利弊

Proceedings of the 2nd International Conference on Law, Economic, Governance, ICOLEG 2021, 29-30 June 2021, Semarang, Indonesia Pub Date : 1900-01-01 DOI: 10.4108/eai.29-6-2021.2312615

Hary Isdyanto, A. Syahrin, Madisa Ablisar, M. Mulyadi

{"title":"Advantages and Disadvantages of Implementing the Electronic Information and Transactions Law on Freedom of Speech","authors":"Hary Isdyanto, A. Syahrin, Madisa Ablisar, M. Mulyadi","doi":"10.4108/eai.29-6-2021.2312615","DOIUrl":"https://doi.org/10.4108/eai.29-6-2021.2312615","url":null,"abstract":"Freedom of speech and expression is a fundamental right in a democracy. Technological developments in Indonesia, especially social media, have become a significant necessity in carrying out various activities. However, the existence of the Law on Electronic Information and Transactions (EIT Law) has posed a threat to freedom of speech and expression as it can be used against people suspected of violating these laws. The EIT Law can be abused to arrest those criticizing the government. This paper aims to explore the right to freedom of speech in the corridor of national law. The application of the EIT Law has created contradicting opinions in society to ensure the Indonesian national law implements the suitable formulation of the freedom of speech. This normative legal research analyzed laws and regulations and collected field data from law enforcers and academics to determine the application of the EIT Law. This research is intended to obtain an accurate picture of sanctions application relating to freedom of speech and expression in the EIT Law. These sanctions must be imposed professionally and not selectively. Whenever possible, there should be alternatives to these criminal sanctions to prevent the disruption of the right to freedom of speech in Indonesia.","PeriodicalId":385733,"journal":{"name":"Proceedings of the 2nd International Conference on Law, Economic, Governance, ICOLEG 2021, 29-30 June 2021, Semarang, Indonesia","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":"128396734","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

Criminal Liability of Investigators on Wrongful Accusations during Investigations 侦查人员在侦查过程中错误指控的刑事责任

Proceedings of the 2nd International Conference on Law, Economic, Governance, ICOLEG 2021, 29-30 June 2021, Semarang, Indonesia Pub Date : 1900-01-01 DOI: 10.4108/eai.29-6-2021.2312603

Dadi Purba, Ediwarman Ediwarman, Madiasa Ablisar

{"title":"Criminal Liability of Investigators on Wrongful Accusations during Investigations","authors":"Dadi Purba, Ediwarman Ediwarman, Madiasa Ablisar","doi":"10.4108/eai.29-6-2021.2312603","DOIUrl":"https://doi.org/10.4108/eai.29-6-2021.2312603","url":null,"abstract":"Having the authority to designate a person as a suspect, investigators can potentially be subject to criminal charges if the designation is not following existing procedures. This results in the deviation of the original investigation objective. This study aims to find out how the criminal liability of investigators who make mistakes in determining suspects and other aspects related to the responsibility of investigators. The accountability of investigators that wrongfully determine a suspect is rarely challenged for various reasons, one of them being on duty. In this case, the investigator's actions are in the context of carrying out their duties only to be subject to the police code of ethics. The problems analyzed in this paper are the criminal liability of investigators who wrongfully determine suspects during the investigation process and efforts to eliminate further occurrences. This is normative juridical research using the descriptive analysis method, analyzing the application of criminal law through the criminal liability of investigators who commit procedural errors in using force during the investigation process. The results show that investigators who were wrongfully determining suspects can be held accountable if their actions are classified as criminal acts. Procedural errors committed by investigators can be eliminated by increasing the professionalism and quality of human resources and reforming regulations.","PeriodicalId":385733,"journal":{"name":"Proceedings of the 2nd International Conference on Law, Economic, Governance, ICOLEG 2021, 29-30 June 2021, Semarang, Indonesia","volume":"11 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":"128782202","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

Sustainable Post-Mining Reclamation for Community Welfare in Ijobalit Village, East Lombok District, West Nusa Tenggara Province 西努沙登加拉省东龙目岛Ijobalit村可持续的采矿后复垦社区福利

Proceedings of the 2nd International Conference on Law, Economic, Governance, ICOLEG 2021, 29-30 June 2021, Semarang, Indonesia Pub Date : 1900-01-01 DOI: 10.4108/eai.29-6-2021.2312618

I. Dewi, B. Turisno

引用次数: 0

Formulation of a Certification Agency for Buildings without Land Rights Based on the Principle of Horizontal Separation (Comparison to Japan) 基于横向分离原则的无地权建筑认证机构的制定(与日本比较)

Proceedings of the 2nd International Conference on Law, Economic, Governance, ICOLEG 2021, 29-30 June 2021, Semarang, Indonesia Pub Date : 1900-01-01 DOI: 10.4108/eai.29-6-2021.2312625

L. Ginting, T. Kamello, M. Yamin, O. Saidin

引用次数: 0

Comparison of Legal Systems: Legal Studies on Postponement of Debt Payment Obligations in Indonesia and Reorganization in the United States 法律制度的比较:印尼延期偿债义务与美国重组的法律研究

Proceedings of the 2nd International Conference on Law, Economic, Governance, ICOLEG 2021, 29-30 June 2021, Semarang, Indonesia Pub Date : 1900-01-01 DOI: 10.4108/eai.29-6-2021.2312656

Sumamurung Simaremare, B. Nasution, S. Sunarmi, Edi Yunara

{"title":"Comparison of Legal Systems: Legal Studies on Postponement of Debt Payment Obligations in Indonesia and Reorganization in the United States","authors":"Sumamurung Simaremare, B. Nasution, S. Sunarmi, Edi Yunara","doi":"10.4108/eai.29-6-2021.2312656","DOIUrl":"https://doi.org/10.4108/eai.29-6-2021.2312656","url":null,"abstract":". Postponement of the debt payment obligation is an alternative provided to fulfill debtors’ obligations to creditors. Each country has a different framework in arranging such postponement. Indonesia, which adheres to the civil law system, regulates the problem of postponement in Law Number 37 of 2004 with a deferment scheme that concentrates on a mutual agreement between debtors and creditors in debt settlement. Meanwhile, America, which adheres to the common law system, regulates the scheme through corporate reorganization as regulated in Chapter 11 of the US Bankruptcy Code which focuses more on providing opportunities for debtors to rehabilitate their companies. A comparative study is made to find out more about the debt payment postponement scheme to be used as a reference for legal reform efforts. At this point, the comparison was carried out using a statutory and conceptual approach. In America, Chapter 11 of the US Bankruptcy Code gives debtors flexibility (i.e., time flexibility) in carrying out debt restructuring programs, while in Indonesia, postponement of debt payment obligation applies time constraints in delays and settlement of debt cases.","PeriodicalId":385733,"journal":{"name":"Proceedings of the 2nd International Conference on Law, Economic, Governance, ICOLEG 2021, 29-30 June 2021, Semarang, Indonesia","volume":"60 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":"134486480","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

Policy on Restriction of Ownership of Land Rights to Prevent Land Abandonment 防止土地弃置的土地所有权限制政策

Proceedings of the 2nd International Conference on Law, Economic, Governance, ICOLEG 2021, 29-30 June 2021, Semarang, Indonesia Pub Date : 1900-01-01 DOI: 10.4108/eai.29-6-2021.2312631

M. Ardani, Gilang Mumtaaz

引用次数: 0

Regulating the Management of State-Owned Plantations to Improve Public Welfare 规范国有种植园经营，提高公共福利

Proceedings of the 2nd International Conference on Law, Economic, Governance, ICOLEG 2021, 29-30 June 2021, Semarang, Indonesia Pub Date : 1900-01-01 DOI: 10.4108/eai.29-6-2021.2312642

N. Sitorus, B. Ginting, S. Sunarmi, M. Siregar

引用次数: 0

Legal Analysis of Property Transfer Tax Regulations in Notarial Transaction Agreements Amidst the Digitalization of Society 5.0 5.0社会数字化背景下公证交易协议中财产转让税规定的法律分析

Proceedings of the 2nd International Conference on Law, Economic, Governance, ICOLEG 2021, 29-30 June 2021, Semarang, Indonesia Pub Date : 1900-01-01 DOI: 10.4108/eai.29-6-2021.2312587

A. Siahaan, B. Ginting, Muhammad Yamin, K. Devi

{"title":"Legal Analysis of Property Transfer Tax Regulations in Notarial Transaction Agreements Amidst the Digitalization of Society 5.0","authors":"A. Siahaan, B. Ginting, Muhammad Yamin, K. Devi","doi":"10.4108/eai.29-6-2021.2312587","DOIUrl":"https://doi.org/10.4108/eai.29-6-2021.2312587","url":null,"abstract":". This study aims to find alternative ways to use digital technology in answering the problem of implementing the transfer of land and building rights taxes in the sale and purchase deed. In notarial transaction agreements, property transfer tax is mandatory and is collected based on statutory regulations. Property transfer tax consists of income tax, value-added tax, sales tax on luxury goods, and property title transfer fee. It is calculated according to the Regional Tax and Retribution Law which takes the highest value of the Sales Value of the Taxable Object or transaction value. This causes legal uncertainty, as there are many cases where the calculation basis is fabricated to reduce the tax that must be paid prior to the signing of the agreement. This causes a large potential loss for the state if the calculation is based on the Regional Tax and Retribution Law. This is normative juridical research, which utilizes materials from books, laws, articles, and other legal materials. The results indicate that the basis for calculating property transfer tax in notarial transaction agreements should not be taken from the highest value between the Sales Value of the Taxable Object or transaction value, but rather from the fair market value. The Regional Tax and Retribution Law should be revised with the support of digitalization so that tax potential can increase.","PeriodicalId":385733,"journal":{"name":"Proceedings of the 2nd International Conference on Law, Economic, Governance, ICOLEG 2021, 29-30 June 2021, Semarang, Indonesia","volume":"36 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":"131381439","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

Compensation for Damaged Land: Comparative Study between Indonesia and Japan 土地损害补偿:印尼与日本之比较研究

Proceedings of the 2nd International Conference on Law, Economic, Governance, ICOLEG 2021, 29-30 June 2021, Semarang, Indonesia Pub Date : 1900-01-01 DOI: 10.4108/eai.29-6-2021.2312610

E. Sari, Muhammad Yamin, H. Purba, Rosnidar Sembiring

{"title":"Compensation for Damaged Land: Comparative Study between Indonesia and Japan","authors":"E. Sari, Muhammad Yamin, H. Purba, Rosnidar Sembiring","doi":"10.4108/eai.29-6-2021.2312610","DOIUrl":"https://doi.org/10.4108/eai.29-6-2021.2312610","url":null,"abstract":"Indonesia and Japan regulate compensation for damaged land differently, especially in land expropriation process. This article aims to compare compensation concept of damaged land in Indonesia and Japan to get better understanding of the differences, similarities, and consequences. Using qualitative descriptive approach, rules and regulations that apply in Indonesia and Japan are compered. Land acquisition for development for the public interest is regulated by Law Number 2 of 2012. In land expropriation, the state provides appropriate compensation for the parties involved. In context of land acquisition, there is no compensation for damaged land. Law Number 24 of 2007 concerning Disaster Management mandates the government to oversee disaster management that accommodate compensation for damaged land due to natural disaster. In Japan, land expropriation will not happen unless landowners are appropriately compensated. Regarding compensation value, Japan has superior regulations compared to Indonesia. Japan uses consensus to determined compensation while Indonesia uses single value determined by public appraisal. However, Indonesia has special regulations for damaged land. Therefore, if damaged land is used for the public interest, landowners will not receive compensation through land acquisition procedures but rather through disaster management procedures.","PeriodicalId":385733,"journal":{"name":"Proceedings of the 2nd International Conference on Law, Economic, Governance, ICOLEG 2021, 29-30 June 2021, Semarang, Indonesia","volume":"13 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":"124122076","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