Proceedings of the International Conference On Law, Economic & Good Governance (IC-LAW 2023)
114 articles
Proceedings Article
Peer-Review Statements
Abdul Kadir Jaelani, Irwansyah Irwansyah, Fokke Fernhout, Agus Raharjo, Mohd Rizal Palil, Hilaire Tegnan, Okid Parama Astirin, Sutarno Sutarno, Venty Suryanti, Pranoto Pranoto, Robbi Rahim
All of the articles in this proceedings volume have been presented at the International Conference On Law, Economic & Good Governance during 9-10 November 2023” in Surakarta, Indonesia. These articles have been peer reviewed by the members of the Editors and Scientific Committee and approved by the...
Proceedings Article
Political Party-Free Representation System: Indonesia’s Possibility for State Philosophy Approach
W. Imam Ghozali Hide, I Gusti Ayu Ketut Rahmi Handayani, Djatmiko Anom
Political Parties are allowed by the Indonesian Constitution to propose candidates for the People’s Representative Council (DPR) at general elections. However, the presence of Political Parties in the Parliament is not stated in the constitution. As an example of open legal policy, the Law regulates...
Proceedings Article
Medical Cannabis Regulation and Good Governance: Ensuring Safe and Responsible Use
Singgih Tomi Gumilang, Hartiwiningsih Hartiwiningsih, Pujiyono Suwadi, Jatmiko Anom Husodo, Aulia Rachmat Sungkar
The regulation of medical cannabis is closely tied to good governance principles, which include transparency, accountability, public involvement, and responsiveness. These principles ensure that cannabis is used solely for medical purposes while also addressing potential risks like addiction and public...
Proceedings Article
Handling Rohingya Refugees Found in an Emergency in Indonesia: A Legal and Human Rights Approach
Chalik Mawardi, Hartiwiningsih Hartiwiningsih, Sunny Ummul Firdaus
This study intends to characterize and analyze how refugees discovered in Indonesia during an emergency are treated. This paper presents qualitative research that employs a case approach and gathers information from informants who can provide case-related details. Additionally, it reviews and analyzes...
Proceedings Article
The Regulation of Foreign Ownership of National Banks in Indonesia and Its Impact on National Development
Ashinta Sekar Bidari, Pujiyono Suwadi, Yudho Taruno Muryanto
International agreements make Indonesia liberalize the financial sector. As a result, foreign ownership of national banks in Indonesia has dominated the shares of banks that have gone public. Even though market mechanisms should be the key to healthy competition in liberalizing national bank ownership...
Proceedings Article
The Problem of Implementation De Minimis Principle in Copyright Dispute Resolution
Hanita Mayasari, Pujiyono Suwadi, Yudho Taruno Muryanto
In the context of Indonesia, this study looks at the legal difficulties that arise when copyright disputes are resolved by applying the De Minimis principle. A normative research methodology is used in this study. Applying the De Minimis Principle to settle copyright disputes in Indonesia presents challenges...
Proceedings Article
Economic and Legal Perspectives on Mining Permits in Protected Forest Areas for Realizing Ecological Justice
Novita Alfiani, Lego Karjoko, I Gusti Ayu Ketut Rachmi Handayani
The first foundation for rendering public assistance. This study aims to examine how population administration connected to public services is implemented using the single identity number policy. The research question is how the political orientation of the single identity number law function would enhance...
Proceedings Article
The Policies for Domestic Worker Protection Between Indonesia and Philippines (Kasambahay Law)
Puteri Chintami Oktavianti, Pujiyono Suwadi, Sunny Ummul Firdaus
A substantial workforce is employed in Indonesia’s informal employment sector of domestic labor. The allure of domestic delivery resides in its significant demand, lucrative compensation, and the absence of prerequisite expertise for entry-level positions. Being a domestic worker is perceived by many...
Proceedings Article
Legal Framework for the Development of the Indonesian Economy: Mochtar Kusumaatmadja’s Perspective
M. Zaid, Hartiwiningsih Hartiwiningsih, Muhammad Rustamaji
The trickle-down effect in development posits that regardless of the specific approaches employed, the development process is inherently impartial and will inevitably progress. This indicates that the action will have a more extensive impact than in industrial or peripheral regions, even though most...
Proceedings Article
Free Markets Supervision in Trade through Electronic Systems: An Economic and Law’s Perspective
Febrian Indar Surya Kusuma, I Gusti Ayu Ketut Rachmi Handayani, Sapto Hermawan
Regulations can impact how the economy functions, as demonstrated by market mechanisms that demand freedom of action and oppose government interference. Disparities in marketing goods and services give rise to inequality due to the industrial revolution and globalization. When the Indonesian government...
Proceedings Article
Analysis Of Law And Good Government’s public Policy of Granting Permits to Build Mosques Related to Qibla Direction Mistake
Abdurrahman Akhdloriy, Lego Karjoko, I Gusti Ayu Ketut Rachmi Handayani
Permit belongs to the part of administration law which becomes a device for government to control its people in order to work regularly and for this aim, it needs an administration device. Some problems which have occurred recently related to licensing is building construction permit that is mosque building,...
Proceedings Article
Legal Protection for Communities Affected by Nickel Mine Exploitation Amidst Increased Exploration for Electric Battery Needs
Lilik Haryadi, Hartiwiningsih Hartiwiningsih, Sapto Hermawan
Climate change has encouraged using greener and environmentally friendly renewable energy. Lithium-ion batteries have become an important component in electric vehicles, energy storage, and portable electronic devices based on nickel. Therefore, there has been a rapid increase in the exploration and...
Proceedings Article
Issues in the Framework of Yogyakarta’s “Sultan Ground” Land Mafia: A Study of the Functionalization of Corruption
Ponco Hartanto, Pujiyono Suwadi, Muhammad Rustamaji
This study investigates the Yogyakarta “Sultan Ground” land case, exploring the possible connection between corruption offenses and the land mafia. This study investigates the tangible outcomes of land grabbing through normative legal research, specifically focusing on the “Sultan Ground” case. The findings...
Proceedings Article
The Protection of Children: An Examination Via The Pancasila Paradigm
Azriadi Azriadi, Hartiwiningsih Hartiwiningsih, Mohammad Jamin
This research argues that Pancasila’s integrity values should protect Indonesian youngsters. However, its implementation is not ideal in statehood, the legal system, or the community’s social life, especially in child protection, where its practice is increasingly distancing itself from the noble values...
Proceedings Article
Consumer Dispute Resolution Body Authority: An Examination of The Components of Default In Consumer Disputes
Faisal Luqman Hakim, Adi Sulistiyono, Pujiyono Suwadi
The Consumer Dispute Settlement Body (BPSK) is empowered by Law 8 of 1999 to investigate consumer issues. Consumer disputes encompass financing agreements involving a default aspect within the legal relationship. While there is a possibility of default, consumers opt for legal recourse at BPSK. The jurisdiction...
Proceedings Article
Ulayat Land Disputes in Minangkabau Customary Law Community: Customary Courts As An Alternative
Fauzi Iswari, I Gusti Ayu Ketut Rachmi Handayani, Lego Karjoko
Ulayat rights disputes must be taken seriously and resolved relatively in customary law communities. Customary justice aids. Minangkabau customary law community Ulayat land disputes, their resolution, and customary justice are examined in this study—normative legal research using secondary data. Data...
Proceedings Article
Regulation of the Management Potential of New Renewable Energy Sources in Indonesia
Fatma Ulfatun Najicha
This study aimed to know: Energy is an absolute necessity in human life. The need for energy every day continues to increase. The use of energy so far has only come from fossil energy, resulting in a dwindling amount. Thus, the need for alternative energy as a substitute for fossil energy, namely with...
Proceedings Article
Eliminating Corruption Through A Criminological Perspective On Corruption Crime Strategies
Nurwinardi Nurwinardi, Pujiyono Suwadi, Hartiwiningsih Hartiwiningsih
The objective of this research is to provide insights into eradication tactics rooted in the field of criminology. The present study constitutes normative legal research. The criminological examination of corruption encompasses an exploration of its criminal nature, as well as its juridical and sociological...
Proceedings Article
Policy Conflicts Regarding Natural Resource Extraction and Climate Change
Rahmawati Hidayah, I Gusti Ayu Ketut Rachmi Handayani, Muhamad Muhdar
This article summarizes East Kalimantan Province’s climate change policy. Two traits of this province conflict. East Kalimantan has the largest natural resource extraction income and is a national climate change mitigation pilot project. This makes balancing regional economic and ecological interests...
Proceedings Article
The Independence of State Attorney Prosecutors in Civil and Administrative Cases (Involving Madiun District Local Government)
Yunita Ramadhani, K. R. H. I Gusti Ayu, Lego Karjoko
This research seeks to clarify the law on the Prosecutor’s independence as a State Attorney in local government civil and administrative proceedings. In this study, how does legal substance affect the Prosecutor’s independence as a State Attorney in civil and state administrative proceedings involving...
Proceedings Article
Ensuring Telecommunication Access Equality: Bridging the Digital Divide through Job Creation Law Regulations
Gunawan Hutagalung, Hartiwiningsih Hartiwiningsih, I Gusti Ayu Ketut Rahmi Handayani
Ensuring equal access to telecommunications is crucial for guaranteeing internet access rights and reducing the digital divide. The mandates of the Job Creation Law of telecommunications access infrastructure are designed to guarantee equitable distribution. This article examines the philosophical, legal,...
Proceedings Article
The Potential of Alternative Dispute Resolution in Intellectual Property: Patents in Japan and Indonesia
Joko Sulistyono, I Gusti Ayu Ketut Rahmi Handayani, Hartiwiningsih Hartiwiningsih
An increase in records and registrations, as well as a rise in intellectual property conflicts, are indicators of a growing economy. The use of litigation to settle these conflicts is rarely recommended by business practitioners since it frequently results in lengthy proceedings, high expenses, and a...
Proceedings Article
The Opportunities and Challenges of Reforming the Surrogate Heir Provisions in the Islamic Law Compilation
Zuhrah Zuhrah, I Gusti Ayu Ketut Rahmi Handayani, Burhanuddin Harahap
This study thoroughly analyzes the Inheritance law in the Islamic Law Compilation, specifically concentrating on the rule concerning succession heirs. The author conducts a comprehensive legal study to examine the potential opportunities and challenges in changing the provisions for future generations...
Proceedings Article
Legal System in Providing Income Tax Incentives in the Field of Investment Based on the Principle Of Nondiscrimination
Batara Mulia Hasibuan, I Gusti Ayu Ketut Rahmi Handayani, Waluyo Waluyo
The government provides investment facilities through income tax incentives, which are the embodiment of the second tax function—that is, the “regulated” function (regulate) in the framework of development and the development of investment in the field of investment, using a legal system that was built...
Proceedings Article
Reconstructing Crypto Asset Regulation for Effective Prevention and Eradication of Money Laundering and Terrorist Financing
Garda T. Paripurna, Adi Sulistiyono, Hartiwiningsih Hartiwiningsih, Yunus Husein
The rapid proliferation of crypto assets presents an urgent need to reconstruct regulatory frameworks to address the escalating challenges of money laundering (AML) and terrorist financing (TF). This abstract advocates for a strategic overhaul, emphasizing the necessity of adapting regulations to the...
Proceedings Article
Local Labour Access in the Nusantara Capital Development Project to Improve Local Community Welfare
Aryo Subroto, Lego Karjoko, I Gusti Ayu Ketut Rachmi Handayani
This study aims to examine and assess the availability of local workers for the Nusantara Capital development project. According to the Republic of Indonesia’s 1945 Constitution, community empowerment is a deliberate effort to provide welfare-based guarantees for a decent livelihood. Community involvement...
Proceedings Article
Electronic Court in Indonesia: Challenges and Concerns in the Development of Responsive Law Reform
Nataline Setyowati, Pujiyono Suwadi, Yudho Taruno Muryanto
This essay aims to demonstrate the inadequate legal foundation for Indonesia’s official adoption of electronic justice. Next, offer suggestions for future regulation and execution. Legal normative research is what this study is. The study’s findings demonstrate that the following approaches can be used...
Proceedings Article
Legal Politics of Water Resources Regulation in Achieving Social Welfare
Nathania Olga Br Nababan, Jamal Wiwoho, I Gusti Ayu Ketut Rahmi Handayani, Lego Karjoko
Article 33, Paragraph 3 of the 1945 Constitution emphasizes the state’s right to control and utilize the land, waterways, and natural resources for the benefit of the people. This research aims to determine the most effective legal structure for managing water resources to promote social welfare. The...
Proceedings Article
The Law Enforcement Against Teenagers as Perpetrators of Bullying from the Perspective of Victim Justice
Celsy Rahmadani, Hartiwiningsih Hartiwiningsih, Sulistyanta Sulistyanta
Bullying is a type of aggression, intimidation, and bullying that kids or teenagers commit against their victims. It involves inflicting repeated, long-lasting physical and psychological harm on the victim. Bullying victims endure psychological trauma in addition to physical damage, which alters their...
Proceedings Article
Confiscation of Corporations Related to Corruption and Money Laundering in Economic Law
Anggoro Arif Wicaksono, Hartiwiningsih Hartiwiningsih, Muhammad Rustamaji
Corporations, including both closed and public entities (Tbk), are notable developments of the contemporary era. Public companies (Tbk) are particularly noteworthy due to their global reach, enabling investors from any location with access to capital markets to participate and own these corporations....
Proceedings Article
A Model of Prosperity’s Intelligent Authority as Law Enforcement Intelligence Based on Justice Principles
Subagio Gigih Wijaya, Pujiyono Suwadi, Muhammad Rustamaji
This study aims to develop a model of the prosecutor’s intelligence power based on Pancasila, the justice principle, and human rights-based law enforcement intelligence. Three methodologies are used in this study: comparative (comparative), sociological (empirical/non-doctrinal), and legal (normative/doctrinal)....
Proceedings Article
Legal Protection for Ownership of Fiduciary Guarantee
Ahmad Abdullah, Hartiwiningsih, Lego Karjoko
The study employs a statutory and conceptual methodology. The need for a fiduciary guarantee certificate to safeguard the parties’ interests in a financing agreement will be determined by applying legal protection theory and ownership theory as analytical tools. The study’s findings demonstrate that...
Proceedings Article
Socio Legal Perspective on Causal Factors for Child Forced Marriages
Arina Silviana, Hartiwiningsih Hartiwiningsih, Pujiyono Suwadi
A marriage is a tie that unites two people into a home. The fundamental tenet of a marriage is the consent of the two people getting married to join their values and future household management obligations. Children are gifts from God, given to both parents to raise and educate in accordance with the...
Proceedings Article
Strengthening the Role of Local Government in Protecting Traditional Knowledge in Jepara Regency
Ayu Agung, Hartiwiningsih Hartiwiningsih, Mohammad Jamin
This study looks at the different types of traditional knowledge held within the region and the legal preservation of such knowledge that the Regional Government of Jepara Regency has been working on. Since traditional knowledge preserves the identity of the group that owns it, its legal security is...
Proceedings Article
Legal Construction of a Sale and Purchase Agreement in the Property Industry Based on the Good Faith Principle
Puji Setyowati, I Gusti Ayu Ketut Rachmi Handayani, Hartiwiningsih Hartiwiningsih
The agreements required to be executed in the real estate sector relate to land and buildings. Along with the modernization of building models and the division of land functions, the laws governing property industry contracts have also changed within the industry. A legal sale or debt arrangement is...
Proceedings Article
The Legal Certainty of Determining State Financial Losses in BUMN
Warkhatun Najidah, I Gusti Ayu Ketut Rachmi Handayani, Riawan Tjandra
Since outside parties may audit BUMN’s segregated state assets on behalf of BPK and public accountants chosen at the general meeting of shareholders (GMS), State Financial Audit Standards (SPKN) are crucial. Apart from being bound by the SOE Law, State-Owned Enterprises (SOEs) are additionally subject...
Proceedings Article
Classical Thought and Legal Theory Underlying Progressive Judges to Achieve Justice
Daniel Anderson Putra Sitepu, Hartiwiningsih Hartiwiningsih, Muhammad Rustamaji
A professional judge’s primary responsibility is to embrace a forward-thinking legal perspective to interpret and enforce the law promptly. This involves employing innovative interpretations of current regulations, as relying on legislative modifications could be more practical. According to Dutch jurist...
Proceedings Article
Legal Politics of Protecting Traditional Fishermen from Illegal Fishing
Andi Putra Sitorus, Suhaidi Suhaidi, Alvi Syahrin, Rosmalinda Rosmalinda
Fishing is extraordinarily abundant due to the expansive nature of Indonesia’s oceanic region, which comprises two-thirds of the nation’s total land area. This wealth will be rendered irrelevant when illicit fishing agents, whether employed by domestic firms or foreign nationals, can easily acquire it....
Proceedings Article
Repatriation Through Tax Amnesty: An Effort for Indonesia to Overcome Tax Evasion in Tax Haven Countries
Chandra Dewi Puspitasari, Adi Sulistiyono, I Gusti Ayu Ketut Rachmi Handayan
—The objective of this research is to assess the extent to which Indonesia’s endeavor to combat tax evasion in tax haven nations is successful in achieving repatriation via tax amnesty. Indonesia has a tax ratio of 11.6%, which ranks it as the third lowest among 24 Asian and Pacific countries, trailing...
Proceedings Article
Legal Reform for The Rights Of Money Laundering Victims through the Ultimum Remedium Concept
Fransisco Tarigan, Hartiwiningsih Hartiwiningsih, Muhammad Rustamaji
A framework that regulates the conduct of individuals and groups in the community, the law is a guide in establishing what is deemed fair and proper in social interactions. Using the principle of the ultimate medium, this study examines and identifies legal reforms to protect victims’ rights in money...
Proceedings Article
Deradicalization of Terrorism Based on a Progressive Legal Approach
Muchmad Maskyur Alkhuseri, Hartiwiningsih Hartiwiningsih, Muhammad Rustamaji
Because terrorism represents a grave threat to state sovereignty and a crime against civilization, incidents of terror in Indonesia consistently garner attention on both the domestic and international fronts. The war on terrorism has led to the apprehension and defeat of terrorists. However, this does...
Proceedings Article
Legal Protection of PKPU Management Actions After Constitutional Court Decision Number 23/PUU-XIX/2021 from a Pancasila Justice Perspective
Shokib Mahendra, Adi Sulistiyono, Pujiyono Suwadi
One strategy to deter money laundering is confiscating personal assets associated with the offenders, done in conjunction with predicate crimes. However, it is essential to note that not all initial criminal activities or crimes that lead to money laundering (predicate crime) qualify as such, as outlined...
Proceedings Article
Tackling Child Sexual Abuse and Exploitation Through the Enforcement of Justice-Based Laws
Syarovah Sanjaya, Hartiwiningsih Hartiwiningsih, Ahmad Sofian
From a justice standpoint, the objective of this study is to explain the philosophical justifications utilized by law enforcement to combat child sexual exploitation. This investigation qualifies as normative legal research. The research findings suggest that the practical consideration or rationale...
Proceedings Article
Archive Contribution in the Digital Era to Realize Good and Clean Governance
Elvira Elvira, Susanto Susanto
Archives are crucial for institutions and organizations as they function as storera facilities for documented results, guaranteeing the continuous existence of an entity’s vision and mission. Effective archives manerament, by Indonesian Law Number 43 of 2009, is essential for efficiently handling both...
Proceedings Article
Reconstructing the Authority to Investigate Illegal Fishing Crimes as an Effort to Realize Legal Certainty
Abdul Kamil Razak, Hartiwiningsih Hartiwiningsih, Pujiyono Suwadi
This study proposes a reconstruction of the authority to investigate illegal fishing offenses in accordance with an integrated criminal justice system in order to achieve legal certainty, as well as to determine and analyze the current implementation of that authority. The nature of this investigation...
Proceedings Article
Dualism in the Implementation of Land Ownership, Use, Inventory, and Utilization in Indonesia: A Post-Mining Land Study
Agung Basuki, Lego Karjoko, I Gusti Ayu Ketut Rachmi Handayani
The objective of this study is to examine the consequences of transferring mining land from the holder of a Mining Business Permit (IUP) or Special Mining Business Permit (IUPK) to a different party through the Ministry of Energy and Mineral Resources (ESDM), as outlined in Article 99 Paragraph (4) in...
Proceedings Article
Position Strengthening of Cross-Border Posts as a Filter to International Crimes of Human Trafficking
Rika Erawaty, Hartiwiningsih Hartiwiningsih, Mahendra Putra Kurnia
Between 2019 and 2022, there will be a continuous rise in the number of Indonesian nationals who become victims of human trafficking abroad. According to data, there were up to 752 victims in 2022. Naturally, the state bears the responsibility of upholding the law and shielding victims of human trafficking....
Proceedings Article
Principles of Transfer of Undertaking Protection of Employment After the Omnibus Law on Job Creation
Dodi Ikhsan Utama, Lego Karjoko, I Gusti Ayu Ketut Rachmi Handayani
This essay seeks to determine how the Job Creation Law (Omnibus Law) applies to the Transfer of Undertaking Protection of Employment (TUPE) principle. Two issues will be covered in this essay: 1) How well-applied is the TUPE (Transfer of Protection of Rights) or Transfer of Undertaking Protection of...
Proceedings Article
The Ideal State Policy Design: A Dialogue on Sustainability of National Development
Martuli Martuli, I Gusti Ayu Ketut Rachmi Handayan, Agus Riwanto
The objective of this research endeavor is to initiate a discourse concerning the most effective structure for establishing the State Policy Guidelines (GBHN), with the ultimate goal of guaranteeing the sustained feasibility of domestic progress. By means of a conceptual framework and a normative legal...
Proceedings Article
The Model of Online Shopping Regulation based on Freedom of Contract and Good Faith Principle
Isra Harly Wahjudin, Pujiyono Suwadi, Muhammad Rustamaji
This research aims to determine the regulatory model of the principle of good faith in freedom of contract in online buying and selling that is constitutional and guarantees legal protection. Apart from that, this research also aims to discover the obstacles and alternative solutions to implementing...
Proceedings Article
The Regulation of Drug Abusers Rehabilitation in the Legal System of Indonesia
Josep Christian, Supanto Supanto, Yudi Kristiana
This article examines the regulations governing the rehabilitation process for novice users, victims of drug abuse, and addicts within the Indonesian legal framework. This research aims to analyze and develop a legal framework regarding legal situations involving inexperienced users, individuals who...
Proceedings Article
Politics of Law “Single Identity Number” in the Organization of Population Administration for Improving Public Services
Ninuk Triyanti, I Gusti Ayu Ketut Rachmi Handayani, Lego Karjoko
The first foundation for rendering public assistance. This study aims to examine how population administration connected to public services is implemented using the single identity number policy. The research question is how the political orientation of the single identity number law function would enhance...
Proceedings Article
A State Authority Regulation Overland Bank Model Towards for Economic Value
Achmad J. Pamungkas, I Gusti Ayu Ketut Rachmi Handayan, Hartiwiningsih Hartiwiningsih
This paper explores the importance of land as a crucial asset for the state, emphasizing its central role according to international law and constitutional requirements in Indonesia. This text examines the legal structure that regulates the state’s power over land, focusing on the state’s right to govern...
Proceedings Article
Dilemma of Regulation and Implementation of Legal Certainty in the Sale and Purchase Land Rights in Indonesia
M. Yazid Fathoni, Adi Sulistiyono, Lego Karjoko
Uncertainty surrounding land purchase and sale agreements in Indonesia is a well-known issue that has resulted in a wide range of legal practices up to this point. This research aims to examine why there isn’t more legal certainty in Indonesia due to land sales and purchases. The normative legal technique...
Proceedings Article
The Efforts of Islamic Boarding Schools to Protect Their Constitutional Rights in the Face of Beleidsregel: An Analysis of Policy Dynamics in Indonesia
Anangsyah Effendi Zaqlul Pasya Me, Hartiwiningsih Hartiwiningsih, Supanto Supanto
Islamic boarding, which are Islamic boarding institutions, occupy significant positions of importance in Indonesia with regard to both education and culture. Due to “Beleidsregel,” which are administrative bodies’ imposed policy regulations, these institutions have recently experienced difficulties....
Proceedings Article
The Urgency of Penal Reconstruction as an Overcrowded Effort in the Correctional Institutions Based on Criminal Law
Dian Rizki, I Gusti Ayu Ketut Rachmi Handayan, Hartiwiningsih Hartiwiningsih
The reconstruction of criminal law in Indonesia is a substantial endeavor to modernize the Criminal Code, or KUHP, which has existed since the colonial era. The primary goal is to promote consistency in criminal law by incorporating the principles of Law Number 1 of 2023, which establishes a suitable...
Proceedings Article
Legal Politics of Changes in Land Ownership Rights Regulations Post Omnibus Law Based on Pancasila Justice
Abdul Wahid, I Gusti Ayu Ketut Rachmi Handayani, Lego Karjoko
Land ownership regulations have developed, notably following the passage of the Job Creation Act. This research contrasts the legal politics of land ownership regulation changes prior to and following the passage of the Job Creation Act, with the goal of determining whether or not these changes are based...
Proceedings Article
Realizing World-Standard’s Spatial Planning and Land Management: The Urgency of Bureaucratic Reform
Agung Wibawa, Lego Karjoko
The government has designed an electronic-based public service process framework to realize world-standard spatial planning and land management. The National Land Agency (BPN) plays a central role in supporting the potential to increase the investment rate and fulfill these achievement targets. This...
Proceedings Article
Agreements Between Village-Owned Enterprises (VOEs) Managing Tourist Destinations and Investors; Legal Review
Achmad Badarus Syamsi, Adi Sulistiyono, Hari Purwadi
This study examines the legal protection of Village-Owned Enterprises (VOEs) and investors. VOEs is an institution in the village that aims to prosper and improve the economy in the village. While investor funding is expected to develop businesses in the village, especially in the tourism sector. The...
Proceedings Article
Rechtvinding in Resolving Child Custody Disputes
Ahmad Muhamad Mustain Nasoha, Adi Sulistiyono, Mudhofir Mudhofir
Deciding child custody is an intricate and delicate legal matter that necessitates striking a balance between legal considerations and the child’s welfare. In the realm of Islamic law, especially within Fiqh (the study of Islamic law), the allocation of child custody frequently involves adherence to...
Proceedings Article
Reconstruction of 10% Interest Participation Management Based on the Economic Democracy System
Alfian Nur Salsabila, I Gusti Ayu Ketut Rachmi Handayani, Lego Karjoko
This research aims to identify the arrangements and reconstruction of the management of 10% interest participation in the oil and gas sector. The formulation of the problem studied is how to reconstruct the management of interest participation in the oil and natural gas sector by regionally owned business...
Proceedings Article
Legal Arguments in Transferring Authority to Settle Disputes on Regional Election Results in Indonesia
Alfonsus Fa, I Gusti Ayu Ketut Rachmi Handayani, Enny Nurbaningsih
This research analyzed the factors causing changes in the legal reasons for Regional Election as an election regime in determining the authority to resolve disputes over Regional Election results. This research method is normative legal research or doctrinal legal research with two approaches: the statutory...
Proceedings Article
Implementation of Effective Urban Agriculture to Control Air and Food Security in Urban Areas
Alya Maya Khonsa Rahayu, I Gusti Ayu Ketut Rachmi Handayani, Lego Karjoko
Regarding air control, the Government of Indonesia has established policies related to this issue which are regulated in Law of the Republic of Indonesia Numbers 32 of 2009 concerning Environmental Protection and Management, especially article 67 which reads “Everyone is obliged to maintain the preservation...
Proceedings Article
Legal Protection of Citizen Journalists Through the Guarantee of Press Publisher Rights in Realizing the Pancasila Economic System
Anajeng Esri Edhi Mahanani, Pujiyono Suwandi, Jadmiko Anom Husodo
Media globalization encourages the development of media convergence in various parts of the world, including Indonesia. The growth of media convergence and the impacts of globalization waves have caused many media industry companies to halt their print media production, shifting their focus to providing...
Proceedings Article
Sustainable Management of Abandonment and Site Restoration (ASR) Funds in Oil and Gas Working Areas
Antonius Bintarto Ekoprasetyo, I Gusti Ayu K. R. H., Lego Karjoko
Oil and gas are natural resources that the state must manage following the provisions contained in the Constitution. Management of natural resources needs to consider aspects of benefit for the welfare of all Indonesian people who are now starting to be environmentally conscious. This change in legal...
Proceedings Article
Food Price Stabilization and Corporating Farmer in Agricultural Market (A Legal Breakthroughs For Empowerment of Farmers)
Aprillian Winata, Adi Sulistiyono, Pujiyono Suwadi
The debate between improving the farmer’s welfare and the policy in maintaining people’s purchasing power will always be intersect in economic development. The aims of the study is to accelerate the farmer’s empowerment relate to price stabilization policy and strengthening farmer organizations by government...
Proceedings Article
Challenges in Determining Jurisdiction for Transnational Crimes
Ari Wibowo, Hartiwiningsih Hartiwiningsih, Isharyanto Isharyanto
Globalization has brought significant changes to various aspects of society. One of its consequences is the rise of transnational crime that poses challenges in determining jurisdiction due to its involvement across multiple countries. This study addresses legal issues pertaining to the jurisdictional...
Proceedings Article
The Sentencing System of the Offences Against Blue Carbon Ecosystems: An Overview from Criminal Policy and Islamic Perspective
Ayu Izza Elvany, Ahmad Sadzali
The research aims to analyze the sentencing system of the offences against the blue carbon ecosystems not only from the perspective of criminal policy but also from the Islamic perspective using the concept of maqosid sharia and maslahah. This is a doctrinal legal study using statutory, conceptual, and...
Proceedings Article
The Urgency of Regulating the Protection of Indonesia’s Genetic Resources for the People’s Welfare
Yovita Indaryati, I Gusti Ayu Ketut Rachmi Handayani, Lego Karjoko
As a consequence of being a mega biodiversity country Indonesia needs strong legal instruments to protect its genetic resources. The legal basis for protecting genetic resources as spread across various fields and in imbalanced regulation tends to be concentrated in certain fields. This weakness is worsened...
Proceedings Article
Law and Economic Perspective: Effort to Realize Outsourcing Workers Welfare
Christiani Prasetyasari, Pujiyono Suwadi, Hartiwiningsih Hartiwiningsih
National development and economic development should go hand in hand. For this reason, the government needs to pay attention to the welfare of the working class recruited using outsourcing mechanisms. Even though the Employment Law and Job Creation Law have provided legal protection and certainty for...
Proceedings Article
The (In) Justice of Spatial Planning Law Post-Omnibus Law
Wahyu Krisnanto, I Gusti Ayu K. R. H., Mohammad Jamin
- To support job creation, the Indonesian Government has issued an Omnibus Law. This Omnibus Law is intended to simplify and reorganize various provisions of various laws which are considered to be overlapping and contradictory so that they are unable to support job creation. One of the laws whose provisions...
Proceedings Article
Corruption and it’s Prevention in State-Owned Enterprises (BUMN) Jiwasraya Insurance
Daniel Kristanto Sitorus, Pujiyono Suwadi, Adi Sulistiyono
BUMN Insurance (State-Owned Enterprises) is a company owned and managed by the government. PT Asuransi Jiwasraya, with allegations of corruption in financial management and investment funds using stock manipulation, made misfortunes the state adding up to IDR 16.81 trillion, and experienced inability...
Proceedings Article
Trilemma of Stakeholders in Waste-Based Renewable Energy Management in Indonesia
Dararida Fandra Mahira, Lego Karjoko
The aim of this research is examining the ideal stakeholders in managing renewable energy in Indonesia. Normative legal with a conceptual and statutory approach was used as research method. Primary legal material includes statutory regulations which are complemented by secondary legal material related...
Proceedings Article
Good Governance in the Policy on Using Solar Cells as Efforts to Reduce Emissions in Indonesia
Daryanti Daryanti, Albertus Sentot Sudarwanto
Climate change due to global warming is a problem for countries globally. This encourages countries to carry out mitigation and adaptation efforts, one of which is switching to renewable energy. A solar Cell is an electricity-generating device that is capable of converting sunlight into electrical power....
Proceedings Article
Exploring the Fulfillment of Children’s Hadhanah (Well-Being) and Conformity with the 2014 Child Protection Law
Dea Kusuma Wardani, Pujiyono Suwadi, Emmy Latifah
Specifically, the ‘hadhanah’ rights of children impacted by parental divorce are the subject of this research, which analyzes case number 300/Pdt.G/2022/PA. Tg. to demonstrate how Law no. 35 of 2014 concerning Child Protection controls and protects these rights. As part of this initiative, we will examine...
Proceedings Article
Legal Theory Approach to Expediency in Filing Bankruptcy Requests and Postponement of Debt Payment Obligations in Indonesia
Dedy Dedy, Hasim Purba, Mahmul Siregar, Detania Sukarja, Haswandi Haswandi
This article aims to explore the position of an insurance company that is subject to specific conditions when applying for bankruptcy and requesting a postponement of debt payment obligations. Consequently, their business activities are closely tied to public interest. The focus of the issue lies in...
Proceedings Article
Problems of Settling Intellectual Property Bankruptcy Estate
Erlan Nopri, Hartiwiningsih Hartiwiningsih, Budi Agus Riswandi
The primary objective of this study is to analyze and formulate the problems of resolving bankruptcy assets for intellectual property rights. This research employs a doctrinal or normative legal research with a statutory and conceptual approach. This research utilizes primary and secondary legal materials,...
Proceedings Article
Renegotiation and Restructuring to Address Failure to Fulfill Lease Payment Obligations in an Aircraft Lease Agreements
Erlisa Akhlakul Karimah, Adi Sulisiyono, Pujiyono Suwadi
In Indonesia, the aeronautical industry is one of the important revenue sectors, due to its high economic weight and is considered a strategic industry in international trade. Air transportation has become one of the most popular transportation options among other types of transportation. After going...
Proceedings Article
Account Owner’s Liability In E-Commerce Transactions As An Effort To Protect The Interests Of The Parties
Fauzul Aliwarman, Pujiyono Suwadi, Emmy Latifah
The current e-commerce business model, which promises fast, unlimited and interactive access, has made it easy for users to obtain products and services according to their wishes without having to get up from their seats. E-commerce transactions indirectly influence increased trade competition and more...
Proceedings Article
Environmental Crime is a Criminal Act of Corruption
Gelmok Samosir, Elwi Danil, Edi Yunara, Marlina Marlina
This study was conducted to observe the environmental crime in the criminal risk industry. This research use empirical legal study to identify the social phenomenon in the process of law’s implementation. Random sampling method was used to obtain data from the Environmental Protection Service Department...
Proceedings Article
Application of Territorial Principles and Universal Principles in Settlement of Execution of Debtor’s Bankruptcy (Cross Border Insolvency)
Halida Rahardhini, Joni Emirzon, Hasim Purba, Dedi Harianto
The problems in cross-border bankruptcy is regarding the implementation of asset confiscation as debtor’s bankruptcy assets located outside the jurisdiction of Indonesia. This is related to the application of the two principles in private international law, namely universal and territorial principles...
Proceedings Article
A Freight Forwarders Responsibility for the Carriage of Goods by Sea: According to National and International Laws
Heru Iskhan, I Gusti Ayu Ketut Rahmi Handayani, Hartiwiningsih Hartiwiningsih
Freight forwarders as expedition companies; fulfill a crucial function in enabling the efficient movement of goods from one place to another destination. They are responsible for ensuring the safety of goods during transportation and must account for the delivery of goods to interested parties. Hence,...
Proceedings Article
Constitutional Court Decision’s Implication on the Traditional Forest Management Rights Recognition
I Nyoman Mulya Hadisaroso, Lego Karjoko, I Gusti Ayu Ketut Rachmi Handayani
This article examines the legal implications and the effectiveness of Constitutional Court Decision (CCD) on Customary Forest Management to enhance the indigenous peoples’ rights in managing customary territories. The normative juridical method combine with conceptual and statutory approach was chosen...
Proceedings Article
Implementation of the Parliamentary Threshold System in Indonesian Constitution, which Connect with Democratic Theory
Yoyon Mulyana Darusman, Elmer Micu Soriano, Apep Fajar Kurniawan
The parliamentary institution is a representative institution that has duties in the field of legislation. As a representative institution, parliament is a means of implementing people's sovereignty which has been implemented through democratic mechanisms. Democracy is a form of government in which...
Proceedings Article
Ethics in Social Media and Law Enforcement in Indonesia
Ika Ariani Kartini, I Gusti Ayu Ketut Rachmi Handayani, Waluyo Waluyo
The Electronic Information and Transaction Act is a means for the government to protect freedom of expression for its citizens. On the other hand, this law is considered to cause social unrest because it can hinder freedom of expression. Legal issues arise when the diction in a law contains few limitations....
Proceedings Article
Clean Water Crisis in Bali: An Analysis of Regional Policy in Realizing Ecological Justice-Based Water Security
In’am Zaidi, I Gusti Ayu Ketut Rachmi Handayani
The condition of global water resources becomes increasingly worrying as a result of extreme climate change. Bali as a world tourism paradise is faced with a risk of clean water crisis. Therefore, it requires some participation of the local government through policies which are oriented to water security...
Proceedings Article
The Effectiveness of Halal Certification for Micro, Small, and Medium Entreprises (MSMEs) With Self-Declare Scheme
Irma Suriyani, Lego Karjoko, I Gusti Ayu Ketut Rachmi Handayani
The establishment of obligation of halal certification for the MSMEs is based on the provisions of Law Number 11 of 2020 on Job Creation juncto the Regulation of the Minister of Religious Affairs Number 20 of 2021 on Halal Certification for Micro, Small, and Medium Enterprises. Both the regulations become...
Proceedings Article
Implications of Restorative Justice in Juvenile Criminal Law and the State Economy
Kartika Asmanda Putri, Hartiwiningsih Hartiwiningsih, I Gusti Ayu Ketut Rachmi Handayani
A restorative justice approach to juvenile crime is, of course, very possible, but not for all criminal acts committed by minors; this must, of course, pay attention to the causes and consequences of the child committing a delinquency, which is a criminal act, the aim and objective is to This restorative...
Proceedings Article
Validity and Consequences of Contracts Based on Continental European Legal Systems and Sharia
Zaisika Khairunnisak, Hasyim Purba, Utary Maharany Barus, Idha Aprilyana
Indonesia is a legal country with a prismatic concept, which adopts various legal systems. In fulfilling the needs of human life in Indonesia, of course we cannot avoid making contracts. The contracts made, apart from being able to refer to the Continental European Legal System, can also refer to other...
Proceedings Article
Legal Certainty in Controlling Terminology in MSME Partnerships in Indonesia
M. Hadyan Yunhas Purba, Ningrum Natasya Sirait, Mahmul Siregar, Dedi Harianto
Indonesian Micro, Small, and Medium-Sized Enterprises (“MSMEs”) as stipulated in Law No.20/2008 regulates the partnership of MSMEs with large enterprises. This research aims to examine the interpretation of owning and/or controlling in the implementation of MSME partnerships, those regulated in Article...
Proceedings Article
Imposition of Reprimands Before Termination of Employment Due to Violations
Muhammad Ibnu Rosyid, Ayunita Nur Rohanawati
The background of this research is that the presence of this government regulation has given rise to several interpretations of new violations in reprimands. Among them, there are certain and urgent violations. Until in fact, the industrial relations dispute judge refused to terminate the employment...
Proceedings Article
Understanding Judicial Discretion: A Comparative Study of judge’s legal reasoning in Civil Law and Common Law Jurisdictions
M. Ilham Tanzilulloh, Hartiwiningsih Hartiwiningsih, Muhammad Rustamaji
This article examines the concept of judicial discretion within the two primary legal systems: Civil Law and Common Law. Judicial discretion is often perceived as the freedom granted to judges in decision-making, impacting the integrity and consistency of judicial rulings. Consequently, this study endeavors...
Proceedings Article
Universal Principles of Foundations in Economic Analysis of Law Theory
F. Mas Anienda Tien, Mohammad Jamin, Yudho Taruno Murtanto
Several concepts are presented as an economic model for law, which can be applied to assess how national law is implemented. In this essay, the economic analysis of law is used to analyze the fundamental principles of Indonesian law, which have been completed in accordance with or contrary to their intended...
Proceedings Article
Adoption of the Restorative Justice Model within Indonesia Correctional Institutions
Muhammad Rizal Lampatta, Hartiwiningsih Hartiwiningsih, Hari Purwadi
Restorative justice within correctional institutions can facilitate meetings and dialogues between inmates and victims. This offers inmates a second chance to apologize and make amends to the victims, ultimately leading to a fair resolution for both parties. The end result of such agreements does not...
Proceedings Article
Strengthening Indonesian Trafficking in Persons Law under Restitutio in Integrum Principles
Noviana Permanasari, Hartiwiningsih Hartiwiningsih, Muhammad Rustamaji
The modern criminalization process should take more remarkable account to restore the victims’ rights. Under the principle of responsiveness in good governance, the restitution mechanism is used to follow the Trafficking in Persons Law’s (TIP Law) provisions. This article aims to explore the inefficiencies...
Proceedings Article
Legal Politics in the Formation of the Asset Forfeiture Bill and the Application of Check and Balance in the Management of Criminal Assets
Ratna Dwi Lestari, Adi Sulistiyono, Hartiwiningsih Hartiwiningsih
This article reviews the importance of a chain of validity in the legal system that supports the division of power in implementing a good governance system. Issues arise when the bill states that the executor of the Asset Forfeiture Bill is appointed asset manager. At the same time, the basic rules of...
Proceedings Article
The Una Via Principle: New Effective Regulation in Indonesian Capital Market Case Resolution
Ratna Hartanto, Pujiyono Suwadi, Yudho Taruno Muryanto
Case resolution for violations in the capital market must be carried out by taking into account financial system stability and public trust. This article aims to discuss the regulation based on the Una Via principle as a case resolution model in the capital market legal system in Indonesia and things...
Proceedings Article
Independence of Judge in Imposing Punishment Specifically on Narcotics Crime
Reza Olivia Winda Kusuma, I Gusti Ayu Ketut Rachmi Handayani, Hartiwiningsih Hartiwiningsih
The promulgation of a legal rule is expected to provide definite limits on actions that are permitted and not permitted according to the law. These limits then become a benchmark for the correctness of a person's behavior. Various countries still consider distributing narcotics to be a prohibited...
Proceedings Article
Government Efforts Towards Land Restoration for Sustainable Development
Ridho Mubarak, Alvi Syahrin, Elwi Dani, Marlina Marlina
Land fires are a significant problem that endangers ecosystems and the environment. Their environmental conditions affect the survival of humans and other living things. Everyone has the right to a respectful and healthy living environment as part of human rights. Land fires are a snapshot of how the...
Proceedings Article
Criminal Sanctions’ in Law Number 23 of 2004 concerning the Elimination of Domestic Violence Dilemma of Complaint Delict from a Utilitarianist Perspective
Rininta Gustiyani, Hartiwiningsih Hartiwiningsih, Sapto Hermawan
Good governance should have more relation with problem solver regulation. Under Utilitarianism’s perspective, the government have to consider someone’s goals during policy’s formulation process. This article provides an overview about Eliminating Domestic Violence Law’s implementation in Indonesia that...