{"title":"Citizenship Status of ISIS Members from Indonesia","authors":"Jemmy Jefry Pietersz, V. Saija","doi":"10.4108/EAI.1-7-2020.2303635","DOIUrl":"https://doi.org/10.4108/EAI.1-7-2020.2303635","url":null,"abstract":"The destruction of ISIS is due to the fate of its followers to be adrift without clarity, one of which is the fate of their citizenship, the legal issue seen by the researcher in this paper is how the citizenship status of former ISIS of Indonesian Citizens based on the laws and regulations that applied in Indonesia, in this regard aims to examine the citizenship status of Indonesian people who have joined ISIS, according to Indonesian laws, they are still Indonesian citizens or have lost their citizenship. The method used in this paper was normative legal research and the results of this research are based on Law Number 12 of 2006 in conjunction with Government Regulation of the Republic of Indonesia Number 2 of 2007, it can be assessed that an Indonesian citizens lose their citizenship if the individual concerned is related to another country or country foreign, so that the former ISIS of Indonesia Citizens is not a country but an organization, hence, it has not been tested that the former ISIS of Indonesia citizens has lost its citizenship.","PeriodicalId":447688,"journal":{"name":"Proceedings of the 3rd International Conference on Indonesian Legal Studies, ICILS 2020, July 1st 2020, Semarang, Indonesia","volume":"68 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":"131919473","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":"Refugee Employment Prohibition in Indonesia","authors":"L. Nola","doi":"10.4108/EAI.1-7-2020.2303641","DOIUrl":"https://doi.org/10.4108/EAI.1-7-2020.2303641","url":null,"abstract":": In Indonesia, the Immigration and the employment regulations prohibit the refugees from working. Meanwhile, the aids which are given to them are very limited. As a result, the refugees have difficulty to fulfill their needs. This condition makes the refugees work secretly and even commit criminal acts. This paper will examine the weaknesses of the rules prohibiting refugees from working and its solutions. The study was conducted in a normative legal research through library studies to obtain the secondary data which are analyzed with qualitative descriptive. Based on the results, this study found regulatory gaps in the field of the immigration and the employment that can be used by the refugees to work through informal employment schemes, apprenticeship and partnerships. The problem with these various schemes is very limited protections, both for the refugees and the employers. Therefore, the improvements and the arrangements need to be made by opening the employment opportunities for the refugees through a number of restrictions. These restrictions are related to the position and field of work that can be carried out by the refugees and the need for the local labor. The important restrictions are made to protect national interests, namely the availability of employment for the local workers.","PeriodicalId":447688,"journal":{"name":"Proceedings of the 3rd International Conference on Indonesian Legal Studies, ICILS 2020, July 1st 2020, Semarang, Indonesia","volume":"80 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":"134070413","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 Authority of the Court Against the Decision of the Indonesian National Arbitration Board (BANI) in the Settlement of Business Disputes in the Perspective of Legal Certainty","authors":"Herwastoeti Herwastoeti","doi":"10.4108/EAI.1-7-2020.2303625","DOIUrl":"https://doi.org/10.4108/EAI.1-7-2020.2303625","url":null,"abstract":": Article 70 of Law No. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution (AAPS Law), opens the possibility for parties to submit requests to cancel an arbitration award. But the explanation of article 70 of the AAPS Law explains that the request for cancellation must be proven by a court ruling, this makes the existence of legal uncertainty so that it creates as if there is a new norm. This study wants to find out the legal position of the decision of the Indonesian National Arbitration Board (BANI) in resolving business disputes and examine the court's authority over the BANI's decision related to canceling the decision in the perspective of legal certainty. The method used in this study is normative (doctrinal ) legal research sourced from secondary data. The results showed the Constitutional Court Decision No. No. 15 / PUU-XII / 2014 concerning the explanation of Article 70 of the AAPS Law has juridical implications for the cancellation of the arbitration award stipulated in Article 70 of the AAPS Law. Then the judge in examining an application for an annulment of arbitration does not require another court decision so that he can directly examine and assess the evidence presented in the court in the request to cancel the decision of BANI, thus providing more legal certainty.","PeriodicalId":447688,"journal":{"name":"Proceedings of the 3rd International Conference on Indonesian Legal Studies, ICILS 2020, July 1st 2020, Semarang, Indonesia","volume":"18 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":"117196153","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 Omnibus Law Employment Copyright’s Affected Legal Certainty on The Status of Outsourcing Workers","authors":"R. Kartika","doi":"10.4108/EAI.1-7-2020.2303658","DOIUrl":"https://doi.org/10.4108/EAI.1-7-2020.2303658","url":null,"abstract":". This research aims to know about the paradigm shift from the traditional work view that workers serve the system to the modern work view that the system must serve workers. Workers in Indonesia often say that outsourcing is “Slavery in the Modern Age”. Every outsourced worker who has signed a certain agreement with an Outsourcing Labor Supply company, workers has automatically agreed to be placed in a company that needs their services and thoughts in accordance with the position required by the labor user company for a certain period. The methodology research in this study using empirical-normative legal research. The aim is to examines how people socialize to other in their community, this methodology can be considered as a sociological legal research. The government in terms of handling outsourced workers don’t get legal certainty, when outsourced workers contract period has expires, they will be extended, and will continue for years, even decades.","PeriodicalId":447688,"journal":{"name":"Proceedings of the 3rd International Conference on Indonesian Legal Studies, ICILS 2020, July 1st 2020, Semarang, Indonesia","volume":"24 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":"131416481","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 Principles and Meaning of Indonesian Citizenship Conception According to The 1945 Constitution","authors":"Atma Suganda","doi":"10.4108/EAI.1-7-2020.2303609","DOIUrl":"https://doi.org/10.4108/EAI.1-7-2020.2303609","url":null,"abstract":". Emphasizing on legal aspects of the conception of Indonesian citizenship, which is in the Constitution 1945 framework is putted as legal science study of matters pertaining to form of government. There were some kind of words, like as “bangsa, rakyat, and warga negara” that contented at the Constitution 1945, that show one meaning which in the conception of Indonesian citizenship. Major problems that are identified are (1) What fundamental principles of Indonesian citizenship that could brow up from the Constituion 1945 and (2) How the meaning of Indonesian citizenship according to the Constitution 1945. There are several fundamental principles of Indonesia citizenshipin the Constitution 1945 that could be base of Indonesian Laws of Citizenship toward, e.i. the unity citizenship principle, the integrated principle, non-imigration state principle, a close and factual connection, ius soli, and ius sanguinis. The Indonesian citizenship conception not only contain the meaning in legal or formal sense, but has wide sense that involep contain historical, sociological, and yuridis sense. In Indonesian state”the tie pepertual or permanent allegiance” is inherent in each citizen of Indonesia.","PeriodicalId":447688,"journal":{"name":"Proceedings of the 3rd International Conference on Indonesian Legal Studies, ICILS 2020, July 1st 2020, Semarang, Indonesia","volume":"41 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":"130458617","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":"Strengthening the Highest Authority of People's Consultative Assembly Determined In The 1945 Constitution of The Republic of Indonesia In Order to Strengthen The Constitutional Check and Balances System","authors":"H. Hamrin","doi":"10.4108/EAI.1-7-2020.2303624","DOIUrl":"https://doi.org/10.4108/EAI.1-7-2020.2303624","url":null,"abstract":". The People's Consultative Assembly is one of the representative institutions that functions to determine and revise the 1945 constitution as well as to the structure and to lay off the president (post amendment) of the 1945 constitution. Regarding with the authority of the People's Consultative Assembly, then the Check and Balances System is the requirement of the presence of balance within the government system. The research used is Normative Juridical Law. Normative law research is a literary research towards secondary data with the analysis used in this research is qualitative analysis. The research result shows the reason causing the needs of adjustment towards the arrangement, position and the authority of the People's Consultative Assembly into an institution representing the people with two chambers (bicameral). One of them is the need for Indonesia today to start applying a check and balance system in order to improve the constitutional lives and to encourage democratization. With the existence of two chambered people's representative institutions, it is expected that this institution would be able to run its legislative and control functions better.","PeriodicalId":447688,"journal":{"name":"Proceedings of the 3rd International Conference on Indonesian Legal Studies, ICILS 2020, July 1st 2020, Semarang, Indonesia","volume":"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":"127128556","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":"Case Management for Equitable and Excellent Hospital Services","authors":"Prita Muliarini, F. Wiryani, M. Nasser, M. Najih","doi":"10.4108/EAI.1-7-2020.2303653","DOIUrl":"https://doi.org/10.4108/EAI.1-7-2020.2303653","url":null,"abstract":". Patient-centered care as one of the health services quality domains can be implemented effectively and efficiently through the case management service model. The importance of case management is further enhanced by the presence of these factors: increased accountability and transparency in public health services, and the important role in respecting patient rights. However, implementation of case management in the hospital is not yet clearly regulated in existing legal products. The aim of this study was to find the legal basis for case management practice in health facilities within Indonesian laws and regulations. This research used a normative juridical approach. This study found that based on laws and regulations, the hospital organizes plenary individual health services, including preventive, curative, rehabilitative, also promotive in hospital. This service is able to achieve through a coordinated and collaborated continuum of care in the case management process. As mentioned in legislation, respect for patient rights realized through a collaborative partnership approach. This client-centered approach is responsive to the patient's needs, preferences, culture and values. Case management is a health service that upholds health service rights. Namely, participation, accountability, non-discrimination, transparency, upholding human dignity, empowerment and based on legal regulations.","PeriodicalId":447688,"journal":{"name":"Proceedings of the 3rd International Conference on Indonesian Legal Studies, ICILS 2020, July 1st 2020, Semarang, Indonesia","volume":"6 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":"116850642","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":"Analysis of Terrorism Criminal Act Case Handling In Indonesia","authors":"Netty Rosdiana Siagian","doi":"10.4108/EAI.1-7-2020.2303648","DOIUrl":"https://doi.org/10.4108/EAI.1-7-2020.2303648","url":null,"abstract":"Terrorism funding criminal act case handling is an important effort in terrorism criminal act eradication. Currently the efforts only focus on terrorism criminal actor handling but they don't pay attention to funding from the terrorism criminal actors. The study used was normative juridical study. Normative legal study is literature study namely the study of legal books related to the analysis used in the study, which was qualitative analysis. The result of the study shows that criminal terrorism act handling was a legal consequence and a form of accountability that had to be upheld because criminal terrorism act was an extraordinary and certainly harmful crime so terrorism criminal act handling had to be done optimally in accordance with legal procedures. The obstacle faced in terrorism criminal act handling was the inconsistency of formulation of the criminal system on terrorism criminal act so legal renewal was required through improvement of criminal act formulation.","PeriodicalId":447688,"journal":{"name":"Proceedings of the 3rd International Conference on Indonesian Legal Studies, ICILS 2020, July 1st 2020, Semarang, Indonesia","volume":"82 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":"115016376","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":"Towards a Globalisation of Law? Comments from the European Perspective in View of the Experiences with the Europeanisation of Law","authors":"T. Schmitz","doi":"10.4108/EAI.1-7-2020.2303515","DOIUrl":"https://doi.org/10.4108/EAI.1-7-2020.2303515","url":null,"abstract":". This article aims to contribute to the debate on globalization of law and the challenges of globalization. Today the COVID-19 pandemic has also had an impact on international trade. An understanding of globalization can be started with comments from a European perspective in view of the experience with a similar phenomenon, namely Europeanization of law. Europeanization of law is an example of geo-regionalization of law. Geo-regionalization and legal globalization are different forms of the same phenomenon, the internationalization of law. First, there will be no globalization of law without commitment to the rule of law. Second, there will be no globalization of law without multilateralism. Third, there will be no globalization of law without demanding requirements for the effective domestic implementation and enforcement of the global rules and standards. Fourth, there will be no globalization of law without sophisticated conceptional precautions to ensure compliance with the global rules and standards. Fifth, there will be no globalization of law without global courts of justice","PeriodicalId":447688,"journal":{"name":"Proceedings of the 3rd International Conference on Indonesian Legal Studies, ICILS 2020, July 1st 2020, Semarang, Indonesia","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":"124124870","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}