Proceedings of the 3rd International Conference on Indonesian Legal Studies, ICILS 2020, July 1st 2020, Semarang, Indonesia最新文献_第2页

Chemical Castration for Pedophile Perpetrators-Expectation and Implementation Reviewed from Medical-Juridical Aspects 对恋童癖施暴者的化学阉割——从医学-司法角度审视其期望与实施

Proceedings of the 3rd International Conference on Indonesian Legal Studies, ICILS 2020, July 1st 2020, Semarang, Indonesia Pub Date : 2021-01-11 DOI: 10.4108/EAI.1-7-2020.2303661

Setyo Sugiharto, F. Wiryani, M. Nasser

{"title":"Chemical Castration for Pedophile Perpetrators-Expectation and Implementation Reviewed from Medical-Juridical Aspects","authors":"Setyo Sugiharto, F. Wiryani, M. Nasser","doi":"10.4108/EAI.1-7-2020.2303661","DOIUrl":"https://doi.org/10.4108/EAI.1-7-2020.2303661","url":null,"abstract":"anel of judges in Mojokerto District Court handed down the verdict on Aris. He was sentenced to 12 years imprisonment,and chemical castration as additional sentence, a lively debate about chemical castration sentences emerged in between the pros and cons community. Government and the House of Representatives are supportive party, since they representing people who feel uneasy due to the increasing cases of pedophilia in every year. In their opinion, chemical castration provides a deterrent effect, thus no more victims were violated. On the other hand, human rights activists disagree on chemical castration since it violates human rights. Moreover, castration legal basis which regulated in Article 81 Paragraph (6) and Paragraph (7) of 2016 Law Number 17, concerning the Establishment of Government Regulations in Law Number 1 of 2016 replacement,concerning Child Protection, has drawn protests on its implementation. Doctor association also stated that the doctor who executes chemical castration is violating medical ethics code and the doctor's oath. This study is expected to open up insights on what penalties should be received by pedophiles.","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":"127784898","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

Indonesia's Inability in Removing Self from Colonial Law (Study of Employment Laws) 印尼无力摆脱殖民法(就业法研究)

Proceedings of the 3rd International Conference on Indonesian Legal Studies, ICILS 2020, July 1st 2020, Semarang, Indonesia Pub Date : 2021-01-11 DOI: 10.4108/EAI.1-7-2020.2303650

N. Hidayah, F. Esfandiari, Sholahuddin Al-Fatih

{"title":"Indonesia's Inability in Removing Self from Colonial Law (Study of Employment Laws)","authors":"N. Hidayah, F. Esfandiari, Sholahuddin Al-Fatih","doi":"10.4108/EAI.1-7-2020.2303650","DOIUrl":"https://doi.org/10.4108/EAI.1-7-2020.2303650","url":null,"abstract":"When a national law came into force, the previous law made in the colonial era was concrete that the Constitution should be repealed. For example, the enactment of Law No.5 / 19960 on the Basic Terms of the Agrarian repeal the provisions of land, water and natural resources contained in Book II of the Civil law, or the operation of Law No. 1/1974 on Marriage revokes the provisions on matters relating to marriage found in the Civil Law Book. However, this is not the case with the Employment Law where provisions of Chapter VIIA of Article 1601 of the Civil Code until 1617 of the Civil Code are still in effect, until the drafting of an omnibus draft law on Work Creation, also does not invalidate the provisions of the Employment in Code Civil Law. This study aims to examine historically and conceptually whether the terms of the employment in the Code Civil Law are right or not. Research method is normative. The results show that Indonesia must break free from colonial rule and gradually establish its national law that has the philosophical basis of Pancasila. To make it happen, the revisions to Law No. 13/2003 should be done in addition to the burden of: (a) employment agreement between husband and wife, b) provision of fines accompanying compensation, c) employers 'obligation to pay wages on time, d) employers' obligation to provide employment certificates, 5) Responsibility and compensation for Outsourcing Contract.","PeriodicalId":447688,"journal":{"name":"Proceedings of the 3rd International Conference on Indonesian Legal Studies, ICILS 2020, July 1st 2020, Semarang, Indonesia","volume":"38 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":"115855059","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

General Elections in Indonesia : Between Human Rights and Constitutional Rights 印度尼西亚大选:人权与宪法权利之间

Proceedings of the 3rd International Conference on Indonesian Legal Studies, ICILS 2020, July 1st 2020, Semarang, Indonesia Pub Date : 2021-01-11 DOI: 10.4108/EAI.1-7-2020.2303622

F. Esfandiari, N. Hidayah

{"title":"General Elections in Indonesia : Between Human Rights and Constitutional Rights","authors":"F. Esfandiari, N. Hidayah","doi":"10.4108/EAI.1-7-2020.2303622","DOIUrl":"https://doi.org/10.4108/EAI.1-7-2020.2303622","url":null,"abstract":". General elections are part of human rights. Also element of realizing the democratic ideals of the Indonesian people as mandated in the Opening of the 1945 Constitution of the Republic of Indonesia. This study aims to analyze the fundamental rights of citizens who have been guaranteed by the constitution or ordinary referred to as constitutional rights, especially in general elections. This study uses a doctrinal legal approach (normative). The primary legal material includes Law Number 12 of 2011 concerning the Establishment of Legislation, Law Number 39 of 1999 concerning Human Rights, Law Number 7 of 2017 concerning General Elections. Based on the analysis and discussion of the problem can be stated the results of this study, namely: First, the conception of state fulfillment of the constitutional rights of its citizens is the responsibility of the state, so that the neglect means denial of the constitution. Second, the relationship of political parties as a means of politics is the embodiment of fundamental rights based on the constitution, which are a part of human rights in general.","PeriodicalId":447688,"journal":{"name":"Proceedings of the 3rd International Conference on Indonesian Legal Studies, ICILS 2020, July 1st 2020, Semarang, Indonesia","volume":"4 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":"115430369","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: 3

Legal Politics In The Establishment Of State-Owned Enterprise Holding & Its Impact 国有企业控股设立中的法律政治及其影响

Proceedings of the 3rd International Conference on Indonesian Legal Studies, ICILS 2020, July 1st 2020, Semarang, Indonesia Pub Date : 2021-01-11 DOI: 10.4108/EAI.1-7-2020.2303631

Indah Riyanti

引用次数: 0

Review of Termination of Post-Reformation President In Indonesia’s State Systems 改革后印尼国家制度总统解职之检讨

Proceedings of the 3rd International Conference on Indonesian Legal Studies, ICILS 2020, July 1st 2020, Semarang, Indonesia Pub Date : 2021-01-11 DOI: 10.4108/EAI.1-7-2020.2303660

Setiyanto Setiyanto

引用次数: 0

Judge’s Interpretation in Addressing the Updated Dynamic of Balinese Hereditary Common Law 巴厘世袭普通法更新动态之法官释法

Proceedings of the 3rd International Conference on Indonesian Legal Studies, ICILS 2020, July 1st 2020, Semarang, Indonesia Pub Date : 2021-01-11 DOI: 10.4108/EAI.1-7-2020.2303639

L. Mulyadi, Maryano Maryano

引用次数: 0

Actualizing Land Bank as One of The Efforts to Prevention of Land Disputes and Conflicts Settlement 实施土地储备是预防土地纠纷和解决土地冲突的努力之一

Proceedings of the 3rd International Conference on Indonesian Legal Studies, ICILS 2020, July 1st 2020, Semarang, Indonesia Pub Date : 2021-01-11 DOI: 10.4108/EAI.1-7-2020.2303664

Supardy Marbun

{"title":"Actualizing Land Bank as One of The Efforts to Prevention of Land Disputes and Conflicts Settlement","authors":"Supardy Marbun","doi":"10.4108/EAI.1-7-2020.2303664","DOIUrl":"https://doi.org/10.4108/EAI.1-7-2020.2303664","url":null,"abstract":". One of agrarian problems in Indonesia is about prolonged and unresolved land disputes and conflicts. The land disputed and conflicts become strategic including land disputes and conflicts and land tenure, the acquisition of land problems for development in the public interest including to private interest, land supplies to serve national strategic programs, land conflicts impacts to decrease in productivity, neglected land problems and etc. The establishment of the concept of land bank development is expected to become one of solution to prevent land disputes and conflicts especially related on acquisition and availability of land for public interest performed by government or private. The truly substance of this land bank is land reserves conducted by the government through the legitimate acquisition according to the law provisions to fulfillness of the land. The constitutional basis of establishing a land bank is 1945 Constitution especially article 33 paragraph 3 and Law of The Republic of Indonesia Number 5 of 1960 Concerning the Fundamentals of Agrarian Affairs. Research on this land bank is carried out normatively. The research on land bank is conducted in a normative juridical manner in particular this study examines the conception of land bank stipulated in Draft Bill on Land how it can be realized as an effort to prevent land disputes and conflicts in Indonesia.","PeriodicalId":447688,"journal":{"name":"Proceedings of the 3rd International Conference on Indonesian Legal Studies, ICILS 2020, July 1st 2020, Semarang, Indonesia","volume":"34 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":"132159772","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: 3

Temporary Compensation Policy For Village Land Taken Over By The Government For Public Interest 政府为公共利益征用乡村土地的临时补偿政策

Proceedings of the 3rd International Conference on Indonesian Legal Studies, ICILS 2020, July 1st 2020, Semarang, Indonesia Pub Date : 2021-01-11 DOI: 10.4108/EAI.1-7-2020.2303663

Suhadi Suhadi, Sudijono Sastroatmodjo

引用次数: 0

Judicial Review in Acts on Financial Information Access for Taxation Interest 税收利益财务信息获取行为的司法审查

Proceedings of the 3rd International Conference on Indonesian Legal Studies, ICILS 2020, July 1st 2020, Semarang, Indonesia Pub Date : 2021-01-11 DOI: 10.4108/EAI.1-7-2020.2303657

Richard N. Burton

引用次数: 0

The Development of National Law Based on Constitutional Court Decisions 从宪法法院判决看国内法的发展

Proceedings of the 3rd International Conference on Indonesian Legal Studies, ICILS 2020, July 1st 2020, Semarang, Indonesia Pub Date : 2021-01-11 DOI: 10.4108/EAI.1-7-2020.2303632

I. Rachman

{"title":"The Development of National Law Based on Constitutional Court Decisions","authors":"I. Rachman","doi":"10.4108/EAI.1-7-2020.2303632","DOIUrl":"https://doi.org/10.4108/EAI.1-7-2020.2303632","url":null,"abstract":"Indonesia is a country that adopts a civil law system. The main source of law for states that adopt a civil law system is the law. After amendment 1945 constitution which occurs in 1999 until 2002 and the Constitutional Court was born in 2003 because of its amendment 1945 constitution. There is a new source of law that has a very strategic role in efforts to develop a national legal system, namely the Constitutional Court's Decision. The Constitutional Court's decisions often contain orders, recommendations, and prohibitions to form legislators to amend laws that are declared unconstitutional. Sometimes, The Constitutional Court was ignored by the legislator. It means that The Constitutional Court decision has not a primary source of law. This paper aims to discuss the character of the Constitutional Court decision and how is the concept of national legal development based on the Constitutional Court decision. The method used in this study is juridical-normative through the regulatory approach and case study approach. According to the research result, the character of the Constitutional Court decision is final and binding. The judicial policy or judicial order must be put in the planning of development of national law document.","PeriodicalId":447688,"journal":{"name":"Proceedings of the 3rd International Conference on Indonesian Legal Studies, ICILS 2020, July 1st 2020, Semarang, Indonesia","volume":"38 14 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":"125706142","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