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

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Legal Advocacy as a Strategy for Agrarian Activism in Indonesia 法律倡导作为印尼土地行动主义的策略
Iqra Anugrah
{"title":"Legal Advocacy as a Strategy for Agrarian Activism in Indonesia","authors":"Iqra Anugrah","doi":"10.4108/EAI.1-7-2020.2303674","DOIUrl":"https://doi.org/10.4108/EAI.1-7-2020.2303674","url":null,"abstract":". This article aims to analyze the trajectory of legal struggle for agrarian justice in contemporary Indonesia. Author identifies several currents of legal advocacy in agrarian activism in Indonesia. First position is the liberal view of the rule of law. The second position is the structural approach to legal advocacy, promoted by the next generations of activist lawyers and advocates who integrate class analysis and community organizing in their work. The third strand is what author would call as the populist view of legal advocacy that sees legal struggle as a part of the broader class-based or populist politics.","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":"129055171","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
Omnibus Law Copy Work Field: Benefits or Not for Workers? 综合法律复制工作领域:对工人有利还是不利?
Krista Yitawati, A. Haryani
{"title":"Omnibus Law Copy Work Field: Benefits or Not for Workers?","authors":"Krista Yitawati, A. Haryani","doi":"10.4108/EAI.1-7-2020.2303637","DOIUrl":"https://doi.org/10.4108/EAI.1-7-2020.2303637","url":null,"abstract":"This study aims to analyze the Draft Omnibus Law on Employment Copyright whether it benefits workers or not. The research method used is a normative research method by reviewing the legislation and related legal material. The Omnibus Law was made to regulated regarding simplification of business licensing, investment requirements, employment, ease and protection of MSMEs, ease of doing business, research and innovation, government administration, imposition of sanctions, land acquisition, as well as ease of government projects and economic zones. This Omnibus Law is controversial for some parties because there are those who feel disadvantaged. the Omnibus Law is formed to create legal harmony for the interests of the community can be accommodated above those of the government or other parties who intentionally do not side with the community.","PeriodicalId":447688,"journal":{"name":"Proceedings of the 3rd International Conference on Indonesian Legal Studies, ICILS 2020, July 1st 2020, Semarang, Indonesia","volume":"225 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":"131654074","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
Online Health Consultation Services In Indonesia Law Perspective 印尼法律视角下的在线健康咨询服务
Tiwuk Herawati, Herwastoeti Herwastoeti, Mohammad Isrok
{"title":"Online Health Consultation Services In Indonesia Law Perspective","authors":"Tiwuk Herawati, Herwastoeti Herwastoeti, Mohammad Isrok","doi":"10.4108/EAI.1-7-2020.2303667","DOIUrl":"https://doi.org/10.4108/EAI.1-7-2020.2303667","url":null,"abstract":". The rapid development of information technology in industrial revolution era 4.0 demands modern society to produce intellectual works that have brought plenty extraordinary changes among people's lives in almost all fields, both nationally and internationally. Rapid progress is happening in the global community, including the emergence of online health consultation services. This service needs legal assistance, thus the existence of the state as a law state can be maintained. Furthermore, the benefit of technological progress is maximally used by society and the country. This paper attempts to review the legal aspect of online health consultation services, since this sophisticated solution will create controversy without a legal entity. This research uses normative juridical approach. In normative legal research, literature review serves as a basic data which is classified as secondary data.","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":"131159407","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: 2
Legal Protection Against Criminal Fraud from Contractual Relationships According to Justice Principles 公正原则对合同关系欺诈犯罪的法律保护
Danu Ega
{"title":"Legal Protection Against Criminal Fraud from Contractual Relationships According to Justice Principles","authors":"Danu Ega","doi":"10.4108/EAI.1-7-2020.2303615","DOIUrl":"https://doi.org/10.4108/EAI.1-7-2020.2303615","url":null,"abstract":"The agreement was made to fulfill the interests of the parties. However, in practice there are many violations committed by the parties to the agreement. This study uses normative juridical research methods and it can be concluded: (1) If there is a ruse, a fake situation and a series of false words by one of the parties, then this is called \"fraud\" in Criminal Code and \"fraud\" in Civil Code if there are defects in the will of them: mistakes, coercion, and fraud, (2) Implementation of the law and its implementation rules related to criminal acts of fraud arising from contractual relations in jurisprudence there is no common reference, understanding and interpretation, (3) In the concept of an ideal legal protection in the settlement of fraud cases arising from contractual relations, implementing concept of restorative justice is an effective way with the assistance of law enforcement.","PeriodicalId":447688,"journal":{"name":"Proceedings of the 3rd International Conference on Indonesian Legal Studies, ICILS 2020, July 1st 2020, Semarang, Indonesia","volume":"81 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":"124895138","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
Understanding of The Decision of Court As A Basis of Cancellation of Land Rights 对法院判决作为土地权利注销依据的理解
Ayu Larasati, Aprila Niravita
{"title":"Understanding of The Decision of Court As A Basis of Cancellation of Land Rights","authors":"Ayu Larasati, Aprila Niravita","doi":"10.4108/EAI.1-7-2020.2303618","DOIUrl":"https://doi.org/10.4108/EAI.1-7-2020.2303618","url":null,"abstract":". This Article aims to analyze the cancellation of land rights as a Decree of the Head of the Land Office and the Head of the Regional Office of the National Land Agency (Kanwil BPN) is done in the first two things, namely because of an error in the issuance of land rights. Second, because there is a Court Decision that must be implemented. This research is an empirical nondoctrinal/juridical research with a qualitative approach. The results showed that in the cancellation of Property Rights Number 1362 / Jabung BPN Regional Office of Central Java Province did not implement the decision, but made the Criminal Decision No. 222 / Pid.B / 2016 / PN.Smg. Jo 209 / Pid / 2016 / PT.SMG Jo 1412K / Pid / 2016 as supporting data in the cancellation study to prove an error in the registration of land rights, so that the Head of the Regional Office of the Central Java BPN can issue a decision on the cancellation of land rights without prior to the cancellation decision. from the State Administrative Court in accordance with the principle contrarious actus. The cancellation authority lies with the Central Java BPN Regional Office so that the Head of the Semarang City Land Office submits the results of the analysis to the Central Java BPN Regional Office for review, field inspection and exposure. Then the Head of the Regional Office of BPN in Central Java Province issued a decree on the cancellation of land rights number 07 / Pbt / BPN.33 / IX / 2019.","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":"128844378","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 Role Of Legislation In Improving Nutritional Status And Food Quality In Indonesia 立法在改善印度尼西亚营养状况和食品质量方面的作用
Rezky Ami Cahyaharnita, Herwastoeti Herwastoeti, Mohammad Isrok
{"title":"The Role Of Legislation In Improving Nutritional Status And Food Quality In Indonesia","authors":"Rezky Ami Cahyaharnita, Herwastoeti Herwastoeti, Mohammad Isrok","doi":"10.4108/EAI.1-7-2020.2303656","DOIUrl":"https://doi.org/10.4108/EAI.1-7-2020.2303656","url":null,"abstract":"The SDGs 02 criterion states their goals, namely ending hunger, achieving food security and better nutrition, as well as supporting sustainable agriculture. Stunting prevalence among Indonesian toddlers in 2005-2017 is 36.4%. As an agrarian country, ironically Indonesia is still experiencing malnutrition problems. Though the Government has several regulations related to nutrition and food, it is not yet optimally implemented. Legislation's role in improving nutritional status and food quality in Indonesia become the core problem in this paper. In addition, this paper also discusses how regulations are optimized in order to achieve SDGs standards related to health. As a normative juridical study, this research uses several approaches. As a result, nutritional status improvement begins with adequate secure and nutritious food. Collaboration between the government, the community and health facilities are necessary to obtain Indonesian quality according to SDG standards.","PeriodicalId":447688,"journal":{"name":"Proceedings of the 3rd International Conference on Indonesian Legal Studies, ICILS 2020, July 1st 2020, Semarang, Indonesia","volume":"23 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":"126323926","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
The Authority of The Ministry of Defense in Exporting and Importing the Defense and Security Tools 国防部在国防和安全工具进出口方面的权威
Dodik Umar Sidik
{"title":"The Authority of The Ministry of Defense in Exporting and Importing the Defense and Security Tools","authors":"Dodik Umar Sidik","doi":"10.4108/EAI.1-7-2020.2303619","DOIUrl":"https://doi.org/10.4108/EAI.1-7-2020.2303619","url":null,"abstract":"This research aims to describe and analyze the Authority of the Ministry of Defense in exporting and importing Defense and Security Tools based on the Law Number 16 of 2012 about Defense Industry. It needs to be observed since in the Law of Defense Industry it is mentioned that the users of defense industry are Indonesian Armed Force, Indonesian Police, ministries and/or non-ministry government institutions, and parties with the license based on the legal regulations. Regarding the export and import of the Defense and Security Tools, it is perceived that there is a discrepancy between the Law no. 16/2012 on Import Security Tools. The method used in this research is normative juridical using secondary sources of data as the theoretical foundation, then the data is analyzed descriptive qualitative. Based on the research results, it can be concluded that the Ministry of Defense has an attributive authority in exporting and importing Defense and Security Tools based on positive law stated within the constitution, yet its implementation has not been optimal.","PeriodicalId":447688,"journal":{"name":"Proceedings of the 3rd International Conference on Indonesian Legal Studies, ICILS 2020, July 1st 2020, Semarang, Indonesia","volume":"62 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":"132504091","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
The Existence of Customary Law and Islamic Law in the optics of the Indonesian Legal System 印尼法律体系视野中的习惯法与伊斯兰法的存在
Martitah Martitah, S. Sumarto, A. Hidayat
{"title":"The Existence of Customary Law and Islamic Law in the optics of the Indonesian Legal System","authors":"Martitah Martitah, S. Sumarto, A. Hidayat","doi":"10.4108/EAI.1-7-2020.2303643","DOIUrl":"https://doi.org/10.4108/EAI.1-7-2020.2303643","url":null,"abstract":"This article aims to describe the existence of Customary law and Islamic law in the legal system in Indonesia. The complexity of the law in Indonesia is colored by legal pluralism, which in addition to national law, also applies customary law and Islamic law. In its development, national law influenced by western law began to eliminate the existence of unwritten customary law. However, this is different from the existence of Islamic law, which gets space and influences the development of national law, especially in economic activities. Some of the laws and regulations influenced by Islamic law include Law on the Implementation of Hajj, management of zakat, waqf, Application of Privileges in Aceh, and Special Autonomy in Aceh, and religious courts. Thus, apart from customary law, the principle of sharia has become one of the sources for the formation of national law.","PeriodicalId":447688,"journal":{"name":"Proceedings of the 3rd International Conference on Indonesian Legal Studies, ICILS 2020, July 1st 2020, Semarang, Indonesia","volume":"42 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":"124281449","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
Non-Penal Policy in Crime Prevention Through Moral/Educational/Religious Approach 通过道德/教育/宗教途径预防犯罪的非刑事政策
Rasdi Rasdi
{"title":"Non-Penal Policy in Crime Prevention Through Moral/Educational/Religious Approach","authors":"Rasdi Rasdi","doi":"10.4108/EAI.1-7-2020.2303655","DOIUrl":"https://doi.org/10.4108/EAI.1-7-2020.2303655","url":null,"abstract":". Crime is the oldest and most complex social problem, as it requires an integrated coping strategy/effort, between penal and non-penal means. It is because of the limited ability of the penal means in dealing with crime. On the other hand, crime prevention is essentially also part of efforts to protect society (social defense planning or protection of society) and an effort to achieve social welfare. Non-penal policy through moral/educational/religious approach in crime prevention in Indonesia occupies a very strategic position.","PeriodicalId":447688,"journal":{"name":"Proceedings of the 3rd International Conference on Indonesian Legal Studies, ICILS 2020, July 1st 2020, Semarang, Indonesia","volume":"93 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":"114564755","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
Legal Protection for Justice Collaborator in Revealing Criminal Act Cases in Courts 司法合作者在刑事案件法庭披露中的法律保护
Lufti Nurmansyah
{"title":"Legal Protection for Justice Collaborator in Revealing Criminal Act Cases in Courts","authors":"Lufti Nurmansyah","doi":"10.4108/EAI.1-7-2020.2303640","DOIUrl":"https://doi.org/10.4108/EAI.1-7-2020.2303640","url":null,"abstract":". Justice collaborators play a paramount role in dismantling and eradicating crimes. There are several existing forms of legal protection provided to justice collaborators such as the reduction of the prison term given by the Panel of Judges, and special protection against threats or intimidation directed at him or his family. This study was aimed to investigate the forms of legal protection for justice collaborators, requirements for a perpetrator to be categorized as a justice collaborator and benefits for the perpetrator if he is willing to be a justice collaborator. The research method used is descriptive analysis method, the systematic exposure of a fact or reality through a normative juridical approach. The results showed that the legal protection for a justice collaborators are imposing special conditional probation penalties and imposing the lightest prison sentence of any other defendants who are proven guilty in the case. The requirements for a perpetrator to become a justice collaborator are (1) be one of the perpetrators of a certain criminal acts, but not the main perpetrator (2) willing to provide comprehensive information in the judicial process.","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":"130290278","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
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