{"title":"Strengthening Law and Protection System of Geographical Indications in Maintaining the Value of a Local Product in the Globalization Era","authors":"Ilham Potimbang","doi":"10.4108/EAI.1-7-2020.2303629","DOIUrl":"https://doi.org/10.4108/EAI.1-7-2020.2303629","url":null,"abstract":"Geographical indication products have advantages both in terms of quality, value, and characteristics of a product indicating the origin of an item that has been recognized by the Regulation through a registration mechanism. Utilization Protection geographical indications give the value of an item to be relatively high to be marketed. This has an impact on the marketing and counterfeiting systems of products marketed on the local and international markets without having to follow the procedures and mechanisms in the Geographical Indication protection requirements book. This study aims to strengthen the value of Geographical Indications products of counterfeiting and marketing mechanisms in maintaining the quality and value and quality of an item by using empirical Normative legal research methods. The discussion that in the current free-market era, the concept of agreement in TRIPs has given authority to the State to protect local products with the potential for geographical indications with intellectual property protection. In the field, there are still many similar local products that have the same name as local product names. Geographical Indications, but have different qualities, tastes, and characteristics. These marketing practices allow forgeries to have an impact on the level of value of a product.","PeriodicalId":447688,"journal":{"name":"Proceedings of the 3rd International Conference on Indonesian Legal Studies, ICILS 2020, July 1st 2020, Semarang, Indonesia","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127225325","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}
Sholahuddin Al-Fatih, N. Hidayah, Isdian Anggraeny
{"title":"Islamic Law as A Value to Solve The Humanitarian Crisis: Lessons from Indonesia","authors":"Sholahuddin Al-Fatih, N. Hidayah, Isdian Anggraeny","doi":"10.4108/EAI.1-7-2020.2303662","DOIUrl":"https://doi.org/10.4108/EAI.1-7-2020.2303662","url":null,"abstract":"This research aims to discuss about the humanitarian crisis that occurring in Indonesia. Nowadays, humanitarian crisis in Indonesia is due to the lack of fulfillment of human rights, intolerance, racism and other factors. The humanitarian crisis should not happen, if Indonesia applied the principle of Islamic Law, named Maqashid Sharia. Implementation of the concept of Maqashid Sharia should be carried out with the approach of the Qur'an and Hadith. Based on literature studies, this research will analyze how to Indonesian Government solve their humanitarian crisis problem by using Maqashid Sharia in practice. In the end, the author found that the humanitarian crisis in Indonesia could be prevent by Maqashid Sharia.","PeriodicalId":447688,"journal":{"name":"Proceedings of the 3rd International Conference on Indonesian Legal Studies, ICILS 2020, July 1st 2020, Semarang, Indonesia","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114176173","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 Role of Judges to Protect the Apartment Buyers from The Bankruptcy of The Developer’s Company","authors":"Lidya Sasando Parapat","doi":"10.4108/EAI.1-7-2020.2303638","DOIUrl":"https://doi.org/10.4108/EAI.1-7-2020.2303638","url":null,"abstract":"The purpose of this research is to analyze the role of judges in bankruptcy of apartment developer company which is caused the buyers lost their right to own the apartment unit they have paid fully and to find the solution for judges to protect the interest of the apartment buyers from the bankruptcy of developer’s apartment company. This research used The Normative Legal Research with judicial formal approach by using secondary data, the result is outlined in a descriptive analytical form. The research findings are if the Judges decision only depend on the written law, the Judges decision can caused the buyers losing their right to own the apartment they have bought and paid fully, but if the Judges have the courage to explore the values which is lived in the community, the interest of buyers can be protected. Judges also have to consider that the fulfillment of the residences is a basic requirement of many people and The breach of contract from the company to fulfill the promise of delivery the unit to the buyers cannot be interpreted as a debt as bankruptcy definition of debt, because it is needed further prove which is complicated.","PeriodicalId":447688,"journal":{"name":"Proceedings of the 3rd International Conference on Indonesian Legal Studies, ICILS 2020, July 1st 2020, Semarang, Indonesia","volume":"92 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128428946","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 Urgency of the Omnibus Law in Accelerating the Harmonization of Legislation in Indonesia","authors":"Rodiyah Rodiyah, I. Utari","doi":"10.4108/EAI.1-7-2020.2303659","DOIUrl":"https://doi.org/10.4108/EAI.1-7-2020.2303659","url":null,"abstract":". Empirical facts show that there are 42 thousand laws and regulations in Indonesia. As a result, there are many overlapping regulations, both in the same hierarchical level and / or with the regulations below. This condition makes the Omnibus Law urgency in statutory regulations. Omnibus Law is one of the important alternative choices by harmonizing legislation. The Omnibus Law is an umbrella law because it regulates thoroughly and then has power over other rules. Stufenbau theory, the legal system and the operation of law are the basis for analysis that the harmonization of the Omnibus law becomes a protector for executives (implementing legislation) who will innovate and create divine justice in economic progress and investment. The implementation of the concept of omnibus law in Indonesia is a hierarchical order of linear legislation with Law Number 15 of 2019 concerning the Formation of Legislations. The form of a law is not a basic law, but a law which is equivalent to other laws, which all or part of the provisions are amended or abolished by making new norms.","PeriodicalId":447688,"journal":{"name":"Proceedings of the 3rd International Conference on Indonesian Legal Studies, ICILS 2020, July 1st 2020, Semarang, Indonesia","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129099178","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":"Testing the Existence of Government Regulations in the Legal Regulation System in Indonesia","authors":"Isnu Harjo Prayitno, M. A. Siregar","doi":"10.4108/EAI.1-7-2020.2303634","DOIUrl":"https://doi.org/10.4108/EAI.1-7-2020.2303634","url":null,"abstract":"Existence Rule Government in System Regulations Regulations in Indonesia is considered to be one of the inhibitors in the enforcement of law in Indonesia, due to the implementation of Act became hostage without the issuance of Regulations Government. Evidently there are many laws which can not be implemented immediately into society because of Rule Government which did not immediately issue when have got devolution, so that people are harmed. Regulation of the Government by Decree President also has the role and function almost the same, becomes ambivalence government in issuing the rules are in the system of regulatory legislation. Research is using the approach of juridical normative in the formation of Rule Government who entered into the system formation of regulatory legislation.","PeriodicalId":447688,"journal":{"name":"Proceedings of the 3rd International Conference on Indonesian Legal Studies, ICILS 2020, July 1st 2020, Semarang, Indonesia","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121511665","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}
B. Turisno, Gusti Ayu Gangga Santi Dewi, S. Mahmudah
{"title":"The Legal Impact of Communal Land Registration For The Indigenous People of Lombok West Nusa Tenggara","authors":"B. Turisno, Gusti Ayu Gangga Santi Dewi, S. Mahmudah","doi":"10.4108/EAI.1-7-2020.2303612","DOIUrl":"https://doi.org/10.4108/EAI.1-7-2020.2303612","url":null,"abstract":". The regulation of Minister of Agrarian and Spatial Planning Regulation No. 10 of 2016 arrange that customary law communities can submit applications for communal land determination to the Regional Head. The study was conducted using the Socio Legal method qualitatively. Based on research results in Lombok, West Nusa Tenggara is no longer known for customary rights because it has become a Village Land. Now there are indigenous peoples' communal lands that have been privately included in the National System for Complete Systematic Land Registration held by the government. The legal consequences of the registration of communal land in Lombok, West Nusa Tenggara, will give guarantee legal protection and legal certainty to land rights holders from conflicts between members of indigenous peoples regarding land tenure and certificates can be used as debt guarantees.","PeriodicalId":447688,"journal":{"name":"Proceedings of the 3rd International Conference on Indonesian Legal Studies, ICILS 2020, July 1st 2020, Semarang, Indonesia","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132402176","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":"Religion, State, and Law: Constitutional Limits of Islamic Law in National Law in Indonesia","authors":"M. Muhammadun, Oman Fathurohman, F. M. Siregar","doi":"10.4108/EAI.1-7-2020.2303646","DOIUrl":"https://doi.org/10.4108/EAI.1-7-2020.2303646","url":null,"abstract":"Islamic law or Sharia law has universal values. The implementation of Islamic law is substantially open to the opportunity to apply universal values of Islam, however, the implementation of Islamic laws in the national legal system is still limited in a number of laws. This study reveals the construction and reality of Islamic legal products in the frame of national law in Indonesia. This research uses a qualitative paradigm, a religious law approach, and an interdisciplinary study. The results show that indirectly, universal teachings of Islam such as the protection of human rights have been listed in the Indonesian constitution, although they do not use religious language. Derivation of these human rights can be carried out at the level of legislation such as the Marriage Law and Religious Courts. While the desire to make Indonesia as an Islamic state does not receive recognition in the constitution, bearing in mind that the Indonesian state is not an Islamic state, but a law state based on Pancasila which always accommodates the diversity of cultural, racial and religious values systems for Indonesian people and society.","PeriodicalId":447688,"journal":{"name":"Proceedings of the 3rd International Conference on Indonesian Legal Studies, ICILS 2020, July 1st 2020, Semarang, Indonesia","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115277896","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 Concept of Military Law Development in Indonesia","authors":"Wahyoedho Indrajit","doi":"10.4108/EAI.1-7-2020.2303671","DOIUrl":"https://doi.org/10.4108/EAI.1-7-2020.2303671","url":null,"abstract":"Military law in force in Indonesia today is a legacy from the Dutch East Indies Colonial Government in the form of Wetboek van Militair Strafrech and Wet op de Krigstucht which currently causes many problems among Soldiers because of the structure, substance and culture of the law based on the law the colonial law system. The concept of military law development in Indonesia is carried out by building structures, culture and substance. The development of law structure refers to institutions that form and implement law (law enforcement), the development of law culture refers to assessing and expectations of the military community and the development of the substance of military law is carried out by establishing military law norms, both disciplinary norms law, criminal law, procedural law, military criminal law, military administrative law and military civil law.","PeriodicalId":447688,"journal":{"name":"Proceedings of the 3rd International Conference on Indonesian Legal Studies, ICILS 2020, July 1st 2020, Semarang, Indonesia","volume":"54 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127689491","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 Relationship in Health Services","authors":"I. Firmansyah","doi":"10.4108/EAI.1-7-2020.2303630","DOIUrl":"https://doi.org/10.4108/EAI.1-7-2020.2303630","url":null,"abstract":"The doctor-patient relationship originally occurs as a therapeutic relationship, because of the existence of a medical transaction, then arise a legal relationship between both of two parties. Indeed, the doctor-patient relationship in this article is just within the context of legal relation. Using a normative juridical writing method, the result of this study aims the concept of therapeutic agreements that give rise to legal relation in health services. The doctor must always be responsible for carrying out his profession, and also understand the legal provisions that apply in the implementation of their profession, including the rights and obligations of doctors and patients.","PeriodicalId":447688,"journal":{"name":"Proceedings of the 3rd International Conference on Indonesian Legal Studies, ICILS 2020, July 1st 2020, Semarang, Indonesia","volume":"55 40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121003869","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":"Optimizing the Role of Implementers to Increase Indonesian Sports Performance at the International Level","authors":"M. A. Siregar, Isnu Harjo Prayitno, Atma Suganda","doi":"10.4108/EAI.1-7-2020.2303647","DOIUrl":"https://doi.org/10.4108/EAI.1-7-2020.2303647","url":null,"abstract":"In accordance with Indonesian Act No. 3 of 2005 concerning the National Sports System, the scope of sport includes educational sports activities, recreational sports, and performance sports. Achievement sports are carried out through a process of coaching and developing in a planned, tiered, and sustainable manner with the support of sports science and technology. Achievement sports activities as the spearhead are carried out by their respective sports branches supported by the Government in accordance with the National Sports System law as a regulator, facilitator and implementer of these activities. The Government as the executive power holder should still limit its role as regulator and facilitator. While the role of executor should be carried out by an institution known as the Indonesian National Sports Committee (KONI), which carries out in the sense of organizing sports activities in accordance with the regulations outlined by the Government with all its support including its facilities. In order to achieve a proud achievement at the International level for this reason, it is necessary to revise the current National Sports System law.","PeriodicalId":447688,"journal":{"name":"Proceedings of the 3rd International Conference on Indonesian Legal Studies, ICILS 2020, July 1st 2020, Semarang, Indonesia","volume":"53 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115981826","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}