Proceedings of the 1st International Conference on Indonesian Legal Studies (ICILS 2018)
Sumanto Al Qurtuby
This paper will examine religious radicalism and violence as well as the challenge for democracy, interreligious dialogue and civic pluralism in modern Indonesia. The presentation of both “radicalism” and “pluralism” aims at fully understanding problems being faced by present-day Indonesian people, as...
This paper focus to answer the question about why the central government and some governments at provincial and municipal levels produce policies that discriminate against the Ahmadi people, despite the fact that freedom of religion is guaranteed by the constitution and the fact that Indonesia is currently...
This paper is a short account of the deep moral structures of Australian legal professions. In attempting to understand how the ethics of any legal profession compare with those of other countries’ professions, the social, political and historical foundations of the profession help to explain the moral...
What is ‘constitutionalism’ and is a comparative study useful? ‘Constitutionalism’ may be described as a principle or ideal in constitutional and administrative law, which prescribes limitations on state power. Why are limitations on state power important? The short answer to that question is as stated...
The great transformation from industrial to sustainable society is one of the most important challenges today. ‘Sustainability’ is a key concept to constitute the society of the 21st century. The modern legal system, which has operated as an infrastructure of industrial society, must adapt itself to...
Abdul Samat Musa
Constitutional law (al-fiqh al-dusturi) is one of the important aspects of shariah. However, it has not been given due elaboration by Muslim jurists and modern scholars, unlike other branches of Islamic law. Its potentials have not been fully explored and developed for the practical purposes in a modern...
Abdul Sakban, Sahrul Sahrul, Andi Kasmawati, Heri Tahir
The impact of cyber-bullying crime causes victims to be harassed, intimidated, threatened, insulting someone else's self-esteem resulting in hostility between them both through the internet medium. This phenomenon is interesting to explain in depth. The goal to be achieved in this article is to explain...
Implementation of Participation Theory in Legal Transmission Determining the Fault of Corruption Criminals
Participation theory in criminal law is a theory used to determine the classification of perpetrators' acts and faults involved in criminal acts. Legal reasoning to determine the actions and faults of participating in corruption is implemented the judge in the process of proof in court. Participation...
Sri Wulandari, Bambang Teguh Handoyo
Most of Indonesians consume alcohol/liquor. Ironically many people mix the liquor with variety of drinks or drugs with hazardous materials (methanol) so the effect is more intoxicating with cheap price which can affect the physical, spiritual and social behavior of a person until death. Liquor cases...
The Potential Dissemination of Radicalism Ideology of Islamic State of Iraq and Syria (ISIS) in Higher Education
Muhammad Azil Maskur
Indonesia is the largest Muslim country with the largest quantity in the world. This fact makes all organizations that struggle for establishment of the Islamic Caliphate (khilafah islamiyah) considering Indonesia as main target. One of the world's concerns today is the threat of Islamic State of Iraq...
The Riau Society’s Understanding and Philosophical Basis of Law on the Implementation of the Death Penalty
The implementation of juridical death penalty has been regulated in law no. 2 year 1964; about the procedures of criminal implementation dropped by courts within the General and Military courts. In reality the implementation of law on the implementation of death penalty is still disputed. The debate...
A special minimum penalty is a penal provison that used in a special law which formulation determines minimum limits. Although the law has specified minimum penalty limits, in practice there has been penalty imposition by a judge below the specified minimum threshold. The question is “Can the judge impose...
Yanti Amalia Lewerissa, Rolland A. Samson
LGBTIQ behavior raises pros and cons in society. The purpose of this study is to analyze LGBTIQ behavior from the perspective of Criminal Law and Christian Doctrine related to the issue of law and morality. The research method used is juridical legal research using a statute approach and a conceptual...
Ali Masyhar, Dani Muhtada Rodiyah
The Bali Bombing of October 12, 2002 left a long-standing trauma for the victims as well as the families of the victims. Bali Bombing was really phenomenal, not only because it hit two objects at once, but also the number of the victims was quite fantastic – that is, 203 people. Although it has been...
Crimes that occur in the community consist of various forms that develop according to the times. One of the crimes that often occur around us is the exploitation of children. It is prohibited by legislation in Indonesia. In Article 13 of Law Number 35 of 2014 concerning Child Protection, it is stated...
Corporate Civil Airlines Criminal Responsibility against Theft of Passengers Luggage in Terms of the Aspect of Criminal Law Indonesia
Air transportation has a place in the hearts of the people, As a major transportation. Airline offers a lot of facilities that can be enjoyed passengers. The facilities are all about comfort in flight And its land crew service facilities. But, among the various strengths there is one community concerns...
The poor people who are dealing with the law are guaranteed by the constitution to get free legal assistance. This followed up through several regulations that became the basis for legal aid providers to give legal assistance. However, from the provision of legal aid there is no uniformity in the model...
M. Alvi Syahrin
The news relating to Myanmar Rohingya minority refugees attracted international attention, after hundreds of boatmen fled Myanmar and were stranded in Aceh. According to the United Nations report until December 2017, the number of Rohingya refugees reached 515,000. The number is increasing considering...
Criminology Studies and Social Control Perspective to the Trend of Children Infringing Law in Indonesian Society
Indah Sri Utari
In general, the occurrence of child mischief in the community environment, closely related to the contemporary reality faced by the child. One example of a distorted child's behavior is the sexual violence committed by children to children, where the condition is much encouraged by the ease of accessing...
Agita Chici Rosdiana, Ghina Elmira, Ricky Adhitama
The development of land needs in Indonesia is always increasing every year, this of course happens because of the various interests that require land as a primary need and in fact the land has a fixed nature with human population and the need for land is increasing, making land prices more expensive....
The Status of Children Born Out of Wedlock in Indonesian Context with Special Reference to Their Inheritance Right Perspective of Maqasid Al-Shariah
The discourse on the right of children born out of wedlock, especially concerning their rights towards their biological fathers is a hot topic triggering heat debate among scholars. Orthodox Muslim scholars had unanimous opinion denying their lineage towards their fathers while human right activists...
Conversion of Agricultural Land and the Threat of Food Sovereignty in the Perspective of Law and Democracy (Case Study in Bandungan and Ambarawa Indonesia)
Tirta Mulya Wira Pradana, Bagus Edi Prayogo, Indah Mutiara Dewi
The country of Indonesia is an agrarian country and an archipelagic country with a vast land area of 1,890,754 km2 based on the results of the Round Table Conference (KMB) and has the potential of numerous islands scattered throughout the archipelago with a total of approximately 17,500 according to...
Nunik Nunik Nurhayati, Absorbi Absori, Rohmad Suryadi Suryadi
This article aims to discuss the reflection of legal philosophy in industrial society and the legal concept that can bring Indonesian people into the third wave characterized by civilized industrial societies. The research method used in this paper is library research. Indonesia's transformation from...
Consumer Protection on Telecommunication Services Prepaid Card in Indonesia: The Complicated Condition on Laws and Practices
Muhammad Afifudin Aziz, Nurul Fibrianti
The result of this research indicates that the use of personal data by the Telecommunication Services Provider has been through procedures in accordance with the provisions of Regulation the Population Administration Act and the Regulation of the Minister of Internal Affairs Number 61 of 2015; The result...
Company’s Responsibility on Corporate Social Responsibility (CSR): Legal Arrangements and Their Consequences in the Sectors of Economics and Environment in Indonesia
Resky Gustiandi Candra Imansyah, Absorbi Absori
Every company in Indonesia has an obligation to carry out a social and environmental responsibility, or on the other words it is known as Corporate Social Responsibility (CSR) as regulated in Law Number 40 of 2007 which concerns on ‘Limited Liability Companies’. The problem that arises is that when the...
Yoga Mahardita, Kholis Roisah
The Indonesian Government has issued Government Regulation Number 20 of 2017 which regulates the authority of customs in enforcing intellectual property rights. Although the legal framework for the protection of intellectual property rights has been strengthened, but the counterfeit and piracy of intellectual...
Andry Setiawan, Dewi Sulistianingsih
IPR (Intellectual Property Rights) provide explicit choices for intellectual property owners to register their works or not. The logical consequence of making the registration is that the right owner can demand legal protection. However, it’s quite different from a trade secret, having its own characteristics,...
Dyah Permata Budi Asri
Cultural protection in Yogyakarta is very important due to its various cultures as well as source of local income, especially in culture-based tourism sector which becomes a leading sector in Yogyakarta. However ownership of these cultures has potency to be utilized and claimed without legitimate rights...
The Effectiveness of Law Enforcement against Violations of the Law on Prohibition of Monopolistic Practices and Unfair Business Competition
In order to create an economic condition with good business governance, on March 5, 1999 promulgated Law number 5 of 1999 concerning The Prohibition of Monopolistic Practices and Unfair Business Competition, which is legalized effectively on March 5, 2000. It has also been followed by the establishment...
The Indonesian government in the era of President Joko Widodo had a big vision in the digital economy sector. Jokowi is targeting Indonesia in 2020 to become the largest digital economic power in ASEAN, with e-commerce transaction projection values reaching 130 million US dollars. Indonesia's population...
Tri Andari Dahlan, Farena Ekky Dwi Gina Asikin
Land requirement increases in line with populations of living things which makes the availibility of land limited. Excessive land use by ignorng environmental concerns will lead to slums that often occur in riparian zone, including Indonesia. The Comal River is the longest river in Pemalang Regency and...
Rofi Wahanisa, Aprila Niravita, R. Benny Riyanto
The change of village into urban village (kelurahan) has an impact on the community, especially the people in the village area that experienced the change. The authority of the village as a unit of law society that has the right to regulate its own interests based on customs that have been going on for...
Social security is extremely necessary for every citizen as stipulated in article 28 H paragraph (3) of the 1945 Constitution, particularly for informal workers of non-wage recipients (BPU) in small scale, because there will be no employers responsible for financially helping just in case accidents occur....
Potential of Batik Semarang in the Protection of Industrial Design in the Perspective of Law Number 31 Year 2000
Rindia Fanny Kusumaningtyas, Aditya Wibowo
Batik is one example of art and culture that has a distinctive motif from various regions in Indonesia, and “Semarang Batik” is one of them. “Semarangan Batik” is one of batik art. It is preserved and it is must be protected by legal law because Batik is one of Indonesian’s culture heritage. “Semarangan...
Ruth Caroline R.A. Silalahi
Globalization does not only cause a rapid rotation of investment and information, but it also affects labor issues. In discontinue economic rollout and continue the economic development, the most important foundation that has to be highlighted is that all efforts must be based on the capabilities of...
Anis Mashdurohatun, Gunarto Gunarto
With the increasing of goods and services, in line with the increasing of national economic growth. Some of the countries which the economic activity and trade is no longer rely on products derived from natural resources, but rely more on human intellectual ability, especially products of intellectual...
Human as legal subject is a supporter of rights and obligations from living birth to death. Not all legal subjects can perform legal acts, however, only those capable of the law can do so. When it comes to law, nothing can hold back the civil rights. Article 3 of the Civil Code reads that there is no...
Dewi Sulistianingsih, Pujiono Pujiono
Batik is one of Indonesia’s cultural heritage whose existence has been recognized by UNESCO since 2009. It has become the identity and characteristic of Indonesia that needs to be preserved and developed. Indonesian people can preserve it by recognizing its products’ existence and conducting development...
The Acceleration of Simple Patent: How We Optimize Technology on Indonesian Intellectual and Property Rights Law (Study on Central Java, Indonesia)
Problem of intellectual and property rights in Indonesia, as well as Patent, become very important issue that not only affected to the economic development but also to law enforcement and legal area. Laws and regulation in Indonesia before Law No. 14 of 2001 concerning to Patent not directly distinguished...
Harmonization of Regulation on Land Acquisition For Infrastructure Development with Public-Private Partnership Scheme In Indonesia
Regulations on land acquisition for infrastructure development for public purposes built with public-private partnership schemes have not been harmonized. In regulations on public-private partnership in infrastructure development, land acquisition is organized by the government, including land acquisition...
Logical Fallacy Decision the Indonesian Constitutional Court Confirmed Status Quo through Presidential Threshold 2019
Zulfikar Ardiwardana Wanda
Indonesia is a country that embraces the democratic system that kind of its implementation is realized in organization of a general elections every five years. In welcoming the simultaneously general elections in 2019, Lawmakers validate Law No. 7 Year 2017 on The Simultaneously Executive and Legislative...
Vica Jillyan Edsti Saija
Desire to maximize all resources makes people try by all means and effort, from the most difficult to the easiest one to get abundant results. The original reason of fulfilling the needs of life then gradually became the desire to exploit more for unlimited wealth. This paper studies about government's...
The Election Position of Governor and Vice Governor of Yogyakarta Special Region in the Perspective of Pancasila Democracy in Indonesia
Martitah Martitah, Slamet Sumarto
The election of the Governor and/or Vice Governor directly in the democratic system in Indonesia faces great challenges. In the context of the Special Region of Yogyakarta, direct elections contradict the legal historical election of Governor and Vice Governor carried out from generation to generation...
The Obstacles of Legal Structures on State Administrative Courts in Resolving the Permits of Forest Utilization
Francisca Romana Harjiyatni, Ishviati Joenaini Koenthi
The State Administrative Court is an institution that has the function of resolving state administrative disputes. One of the disputes settled by the State Administrative Court is a dispute on forest use permits. In solving the dispute on the permit of forest utilization of the State Administrative Court...
The Urgency of Principle of Good Governance in Environmental Protection and Management: Case Study of Sepat Reservoir Surabaya
Transfer of Land Functions in Indonesia increasingly shows a graph of rapid increase even uncontrolled, mainly in the conversion of agricultural land into residential land. Increased settlement needs are based on an increase in the population of an area, as happened in the city of Surabaya, the conversion...
State’s Responsibility for Law Enforcement over Forest Fires in Indonesia (A Case Study on Forest Fires in Riau and Kalimantan
Rachmad Syafa'at, Arin Liemanto
In 2018, both Riau and Kalimantan account for the highest number of forest fire incidences in Indonesia. This massively has impacts on society, environment, and economy. Arson done by big companies seems to be one of the contributing factors for the sake of economy. This research is aimed to analyse...
Social Order Aspects in the Law Enforcement Efforts to Overcome Conflicts of Freedom of Religions and Beliefs
Indonesian is based on the vision of Bhineka Tunggal Ika (Unity in Diversity) and the national principle, Pancasila was designed and is found throughout the history by all of the nation founding fathers. The vision has brought the diversity of people from various aspects into unity, one of which is the...
Anna Triningsih, Oly Viana Agustine
Indonesia is one of the constitutional democratic countries that guarantees the protection of every citizen to express opinions, association and assemble. Freedom and openness are important means of creating public participation in the development of democracy in Indonesia. Community participation is...
The Implementation of E-Government in the Context of Good Governance on Judicial Sectors in Indonesia
Jeanny H.V. Hutahuruk
At the judiciary, e-Government has started with the initiative launched several years ago. The Implementation of e-govern in the judiciary began running, the prospect was also considered good. This study aims to determine the obstacles and implementation of e-Government to realize good governance in...
Reformation of the Administration of Village Government in Indonesia Based on Law Number 6 of 2014 on Villages (Comparing Normative and Empirical Facts on Villagers Participation)
The Implementation of Village Government in Indonesia is based on Law Number 6 of 2014 on Village (Village Act). This law mandates ten percent of the State Revenues and Expenditure Budget (ABPN) channeled to the Village. The funds are considered important and necessary as a form of central government...
The legal system in force in Indonesia adheres to the tradition of written law or civil law system. In the tradition of civil law, legal education process organized by the teaching of legal theories as its trademark. By contrast, in the tradition of the common law, legal education is done using the case...
Position of Belief in the Status of Freedom of Religion and Belief Based on the International Law, National Law, and Islamic Law
Rohmat Rohmat, Siti Khoerunnisa, Regita Prameswari
Indonesia is a country with a diversity of plural residents embraced and run in accordance with religious worship and beliefs adhered. However, differences of religion and belief this trust is often the one thing triggers conflict society that could be a potential disintegration of the nation. Community...
Henry Dianto Pardamean Sinaga
As the constitution has affirmed that Indonesia is a law state based on Belief in the One and only God, so that Indonesia has sovereignty in regulating its tax law transcendentally. However, the domination of the law in books tradition in taxation, as the characteristic of positivism paradigm and modern...
Sri Suhendiningsih, Suteki Suteki, Sukirno Sukirno
Sociologically, land registration is highly demanded in relation to the growing economy of the people and the national economy. In relation to these advances the demand towards legal certainty is increasingly felt. This certainty is one of them manifested by the land certification. Recognizing the demand...
The aim of this study is to analyse the Indonesian traditional healer accountability in the law and culture perspectives. The traditional healing has been existed in Indonesian since many years ago. Moreover, they are known as part of Indonesian tradition because they are developed over generations....
Democracy and Election of Governors, Regents and Mayors in the Unitary State of the Republic of Indonesia
Articles 18 paragraph (4) of the Constitution of Republic Indonesia 1945 (hereafter mention the Constitution of 1945) said that the governor, the regent and the mayor each as head of province, district and city, that choosen democratically. For the phrase “choosen democratically”, the law number 22 of...
Effect of the Online Transportation against Conventional Transportation and User of Transportation Services in Semarang Poncol Railway Station, Indonesia (Legal and Economic Perspective)
Kholidah Romli, Shania Correlly Noor Sabila, Farhan Farhan
At this time, public transport is something that cannot be separated from everyone. Public vehicles that have very important components, as well as in development, as well as the center of the economic movement in the city. One of the most effective and efficient public facilities is motorcycle taxi....
Anis Widyawati, Ridwan Arifin
War around the world affected in many human aspects, not only in economic, education and social, but also to law and justice, as well as human rights protection. Immigrant in the global context was protected by International Convention under International Law Regime. The immigrant should put at the same...