Proceedings of the 2nd International Conference on Law and Human Rights 2021 (ICLHR 2021)
75 articles
Proceedings Article
Legal Aspect of Individual Company for Micro and Small Business in Omnibus Law on Job Creation
Nevey Varida Ariani, Maria Lamria, Fuzi Narindrani
The Job Creation Act (UU CK) has legal implications for the content of a large number of laws. Sole proprietorships have expanded the meaning of Limited Liability Companies by presenting the Sole Proprietorship model which has given birth to a number of contradictions in the basic concept of Limited...
Proceedings Article
Debate Emergency Law to Handle Covid-19 Pandemic: How States Regulate in Time of Crisis
Rizkisyabana Yulistyaputri, Mery Christian Putri, Luthfi Widagdo Eddyono
Each country has specific policies formulated to handle and deal with the impact of the spread of Covid-19 in both social, economic, and cultural aspects. In Indonesia, the government has issued the Covid-19 Law in Lieu which has been agreed by the Parliament as an umbrella law for policies, especially...
Proceedings Article
What Can Be Learned from Pound’s Theory: Analyzing Several Governments’ Policy Response During the Outbreaks of COVID-19
Sapto Hermawan, Febrian Indar Surya Kusuma
The impact of COVID-19 on all corners of the world has taken country leaders by surprise. Several countries then adopted policies that were undoubtedly different from one another. This article compares several selected state policies, especially the use of government policies that are oriented towards...
Proceedings Article
Potential Violations of the Right to Mobility in Government Policies Related to the Covid-19 Pandemic Outbreak
Ahmad Gelora Mahardika, Mizza Faridatul Anifah
Article 28E of the 1945 Indonesian Constitution states that everyone has the right to mobility. It means the right to mobility is a part of human rights that the state should protect under any circumstances. The Covid-19 pandemic outbreak in Indonesia forced the Government to carry out several strategic...
Proceedings Article
States Responsibility vs Domestic Control Measures of the COVID-19 Pandemic: An Analysis of the Current International Health Regulation (IHR) Regime
Erna Dyah Kusumawati
The Covid-19 pandemic has changed the way we live. Despite its negative effect on people’s lives, the world has adopted new strategies to adapt to such unpredictable situations. At the international level, the UN-based organization, the World Health Organization, adopted the International Health Regulation...
Proceedings Article
Legal Policy and Constitutionality in Controlling the Covid-19 Pandemic in Indonesia
Ulya Fajri Amriyeny, Siswanto Budi Nugroho, Jody Imam Rafsanjani
Various aspects of life have changed along with the COVID-19 pandemic. It is the mandate of the 1945 Constitution that the state is responsible for the provision of proper health service facilities and public service facilities. As a stakeholder, the government has passed several regulations related...
Proceedings Article
The Vaccination Policy Dilemma: Between Government Responsibility and the Rights of Citizens
Nur Fitriah, Galih Ismoyo Yantho, Yuni Sri Dwijayanti, Farhand Diansyah
The effort to restructure people’s lives in this epidemic era has focused on public health conditions. Therefore, mass vaccines were enacted as an effort to handling Covid 19. The obligation for vaccines has been announced several times, referring to Law No. 6 of 2018 and most recently is The Presidential...
Proceedings Article
Mandatory COVID-19 Vaccination Program in Indonesia Under International Human Rights Law: A Legitimate Limitation?
Yosua Putra Iskandar, Laila Maghfira Andaretna
The Indonesian government has initiated a mandatory national vaccination program to create herd immunity by enacting Presidential Regulation Number 99 of 2020 which was amended by Presidential Regulation Number 14 of 2021. These regulations limit the right to reject vaccinations, which falls within the...
Proceedings Article
Legal Politics of Replacing the Regional Head Candidates with Status as Criminal Suspect
Satria Rangga Putra, Inayatul Anisah, Ana Laela Fatikhatul Choiriyah, Setiawan
Many regional head candidates who participated in the 2018 simultaneous regional elections were suspected of corruption and bribery cases. At least nine regional head candidates were caught in corruption and bribery cases. It certainly undermined the spirit of democracy in which regional head candidates...
Proceedings Article
Criminalization of COVID-19 Vaccine Objector Associated with Siracusa Principles
Study on Provincial Regulation of DKI Jakarta Number 2 of 2020 on Corona Virus Disease Prevention 2019
Cynthia Hadita, Eka NAM Sihombing
Corona Virus Disease Pandemic 2019 (COVID-19) has had a far-reaching impact on public health aspects, especially in Indonesia; various efforts have been made by the Government and Local Government in the framework of countering the pandemic, one of which is by setting various laws and regulations as...
Proceedings Article
Travel Ban Policy in Handling Covid-19 Outbreak
Implementation Under Indonesian Law and Human Right Perspective
Ari Wirya Dinata
COVID-19 is a global pandemic affecting almost all countries in the globe. The spread of the COVID-19 virus causes most cross-country activities to become obstructed and stop. Travel restriction policy is the common policy implemented in case of instances when handling the spreading virus. However, this...
Proceedings Article
Syracuse Principles and Public Health Rights during the COVID-19 Pandemics in a Human Rights Perspective
Ahmad Jazuli, Haryono Haryono, Adis Nur Hayati
The Government of the Republic of Indonesia has guaranteed the right to health for the community, especially in Article 28H (1) of the 1945 Constitution. In the situation of the COVID-19 pandemic, it becomes relevant and imperative to put forward the concept of public health. Public health is not a private...
Proceedings Article
Fulfillment of the Right to Health through Vaccination Services Covid-19 in Palu City - Central Sulawesi, Indonesia
Aminuddin Kasim, Ketut Suarayasa, Andi Purnamasari, Supriyadi Supriyadi
The Government’s efforts to prevent the transmission of Covid-19 through the provision of vaccines and vaccination services are a manifestation of the Government’s responsibility to fulfill citizens’ health rights. Some of the community groups prioritized to get vaccination services are civil servants...
Proceedings Article
The State’s Responsibility in Fulfilling Human Rights during the COVID-19 Pandemic
Waode Mustika, Nova Septiani Tomayahu, Mellisa Towadi
The current COVID-19 pandemic that is hitting Indonesia requires the government to focus more on fulfilling the right to health as a form of fulfilling the human rights of its citizens. In human rights, the state is a duty bearer. The state’s obligations take three forms: respect, protect and fulfill....
Proceedings Article
Intellectual Property and Public Health Emergency: Bolar Provision and Parallel Import
Lily Evelina Sitorus
Parallel import and Bolar provisions are excluded from criminal provisions and civil lawsuits. Bolar provision is a policy that allows third parties to test, use and make patented drugs for the purpose of seeking approval from the Food and Drug Administration before the patented drug expires. This provision...
Proceedings Article
Tackling Intellectual Property Rights Infringements in E-Commerce Through Digital Non-Formal Community-Based Education
Hosiana Daniel Adrian Gultom
E-commerce is growing rapidly in Indonesia, but various intellectual property rights infringements still occur. The Indonesian E-Commerce Association (idEA) has mechanisms to report intellectual property infringements or enter into agreements with merchants regarding intellectual property infringements,...
Proceedings Article
The Role of Intellectual Property in the Development of Digital Health System
Lesson Learned from the Pandemic
Ranti Fauza Mayana, Ahmad M Ramli, Tisni Santika
Public Health Surveillance is a highly important undertaking to conduct disease navigation and control by serving an early warning system concerning the health emergency condition to identify public health emergencies and designing public health policy and strategy., This article analyses the utilization...
Proceedings Article
Study on the Application of the Concept of Substantial Similarity for the Protection of Architectural Works Towards Renewal of the Copyright Law in Indonesia
Taufik H. Simatupang, Trisapto Wahyudi Agung Nugroho, Imam Lukito, Antonio Rajoli Ginting
Indeed, architecture is a work of art that is highly valued and economically valuable. An architect who can produce architectural works and get world recognition is certainly a technical master in making it and someone who has a taste of an artist. However, few architectural works have similarities,...
Proceedings Article
Personal Data Protection in Relation with Data Exchange for the Purpose of Collection and Distribution of Economic Rights of the Copyright of Indonesian Songs in Digital Worldwide
Diana Silfiani
Personal data are important things that need protection. In the context of the withdrawal, collection, and distribution of the use of economic rights over copyrighted songs, the author’s personal data is provided, used, and transferred to other parties through various mechanisms. Withdrawal, collection,...
Proceedings Article
Implementing Prohibition of Hate Speech Under Article 28(2) of Indonesian Electronic Information and Transaction Law
Muhammad Ryandaru Danisworo, Agustian Budi Prasetya
Several reports have alleged that Indonesian democracy is declining due to unjustified suppression of freedom of expression. One of that suppression is done by conviction based on hate speech under Article 28(2) of Law Number 11 of 2008 as amended by Law Number 19 of 2016 on Electronic Information and...
Proceedings Article
Optimization of Technology Use in the New Normal Parole Program: A Comparative Study of Indonesia, the United States and the United Kingdom
Argo Suhartono, Dannissa Rahmadiyanti, Olivia Sarayar
The Law and Human Rights Ministerial Regulation Number 32 of 2020, which was issued as an emergency policy, has encouraged the optimal use of technology in the parole programs during the Covid-19 pandemic. Optimizing the use of technology, in fact, has made services in the correctional field, especially...
Proceedings Article
Managing Cyberbullying Impacts in Time of Digital Ecosystem (Lesson Learned from TeensVictims-Actors Evidence from Jakarta)
Desi Setiana, Tiroanna, Marlina Nasution, Norainna Besar, Alifya Kayla Shafa Susanto
Cyberbullying is becoming increasingly common and problematic today due to the emergence of the digital ecosystem. Ultimately, with the many advances that both the internet and digital technology have to offer, this has paved the way for many approaches for cyberbullies to commit cyberbullying to victims,...
Proceedings Article
Tele-Counseling Services for Clients
During COVID-19 Pandemic
Muhammad Ali Equatora, Rachmayanthy Rachmayanthy, Odi Jarodi, Shinta Muliati, Ambo Upe
Tele-Counseling service for clients during the COVID-19 pandemic period becomes a very efficient and effective service model. The limitations of the COVID-19 pandemic situation encourage counselors to find the most reliable alternative in conducting guidance and counseling activities to continue to be...
Proceedings Article
Human Right Protection in Online Court Proceedings
Yudha Pradana, Amalia Lathifah
The Covid-19 Pandemic has changed various aspects of human life, including criminal justice. The court of criminal justice that is usually done offline has been gradually shifting to online. The online courts have been implemented by Supreme Court Regulation (PERMA) No. 1 of 2019. However, it is only...
Proceedings Article
The Implementation of Online Visits in Prison
Ejo Imandeka, Noel Tua Lumban Tobing
The role and function of correctional institutions in providing the rights of prisoners, especially the right to communicate, has become a hot issue during the Covid-19 pandemic. Prisoners who are in correctional institutions need to be able to communicate with their families; this is a problem considering...
Proceedings Article
The Effectiveness of Online Trials and Online Visits for Prisoners with Disabilities in Class IIB Sanggau Detention Center
Yustika Irianita Fanty, Jeffita Luquita
The study examines the implementation of online trials and online visits in order to fulfill prisoner’s rights and the obstacles that may occur during the implementation of policies online trials and online visits as an effort from the Ministry of Law and Human Rights to adapt to the situation caused...
Proceedings Article
Virtual Legal Aid Post (Posbakum) in The New Normal Era
Muhamad Zaky Albana, Zulfia Hanum Alfi Syahr
As a means of access to justice for the poor, the existence of the Posbakum can make it easier to obtain information, consultations, legal advice, and produce legal documents. In a pandemic situation like now, many people need legal aid, such as debtors who are unable to repay their debts, employees...
Proceedings Article
The Urgency of Legal Protection for Online Loan Service Users
Fathul Hamdani, Ana Fauzia
Along with the development of information technology in various fields, it has brought new breakthroughs, one of which is in the lending and borrowing sector. The lending and borrowing process that was originally conventional is now also developing towards digital or which is known as online loans. Especially...
Proceedings Article
Improving Access to Legal Assistance Services for Prisoners
Hakki Fajriando, Sujatmiko Sujatmiko
There is a need to evaluate Law Number 16 Year 2011 Concerning Legal Aid. Access to justice for disadvantaged people in the criminal justice system is still problematic. The experiences of prisoners in this regard can shed more light on the problems. This paper aims to describe the conditions of access...
Proceedings Article
Ratio Legis of the Implementation of Obstruction of Justice Regulations in Corruption Towards Advocates in Indonesia
Beni Kurnia Illahii, Indah Nadilla, Annisa Salsabila
Corruption is an extraordinary crime which refers to rotten, dishonest acts related to finance. Despite relentless eradication of corruption undertaken, corrupt networks have always been developing various modes to be exempted from allegations of corruption. It is performed by blocking or hindering the...
Proceedings Article
Government Liability to Adverse Event Following COVID-19 Vaccine Immunization in Indonesia
The Right Form of Access to Justice?
Alexander Harryandi, I Made Diyosena Bratadana, Stanislaus Demokrasi Sandyawan
The COVID-19 pandemic in Indonesia, which has been ongoing since March 2020, has had devastating consequences for economic, social and cultural aspects of the world. As an effort to overcome the pandemic, the Indonesian government has begun to promote the mass and mandatory administration of recently...
Proceedings Article
The Impact of Virtual Criminal Trial Implementation Towards Judge’s Sentencing Decision in West Jakarta District Court
Fitra H. Wityanto, Amalia Lathifah
The coronavirus disease (COVID-19) outbreak has affected the world in many aspects, including how the penal justice system might run in the era of movement restriction. Many countries around the globe are now shifting their judicial process to virtual space using video conferencing platform as an effort...
Proceedings Article
Consistency of the Constitutional Court’s Decisions in Resolving Disputes Over the Authority of State Institutions
Luthfi Widagdo Eddyono
Based on Article 24C, paragraph (1) of the 1945 Constitution, which is reaffirmed in Article 10, paragraph (1) letters a to d Law 24/2003, one of the powers of the Constitutional Court of the Republic of Indonesia is to decide disputes over the authority of state institutions whose authority is granted...
Proceedings Article
The Role of the Indonesian Constitutional Court in Developing Inclusive Legal System Through a Judicial Review in the Economic Sector
Titis Anindyajati
The low quality of regulations, particularly in the economic sector, is one of the inhibiting factors in Indonesia’s economic development. A large number of judicial judgments at the Constitutional Court is a phenomenon that shows that there are problems with regulations in the financial sector that...
Proceedings Article
The Role of Indonesian Constitutional Court in Protecting the Rights to Health Security for Health Workers
Mery Christian Putri
As a state law that is bound to international treaties on the protection of human rights, Indonesia has regulated the protection of human rights in the 1945 Indonesian Constitution. The access to health and the rights to health security are two important part of human rights should be protected by the...
Proceedings Article
The Pattern of Law Enforcement Violations of Health Protocols in the Time of COVID-19 in Indonesia
Harisman Harisman
This study aims to identify and analyze the pattern of law enforcement for violations of health protocols during the COVID-19 period which was implemented by the Government based on statutory regulations. For this reason, legal research is carried out using a normative juridical approach which refers...
Proceedings Article
Assuring Marginalized Groups for Justice During and After the Covid-19 Pandemic
Erza Lasoturia Anansih Mendrofa
As the Covid-19 spreads globally, all aspects of human beings are affected. The government seemed to take ultimate control of situation to overcome the pandemic. Through all the policies that the government issued in terms of overcoming Covid-19, the progressive marginalized groups have emerged. Following...
Proceedings Article
Paradoxical Personal Space During the Pandemic: Study in Adolescence Group with Law Violation Risk in a Small Region in Indonesia
Siti Sa’adah
The Covid-19 has changed many aspects of our lives today. We are physically distancing but psychologically closer with the use of digital devices. The intensity of internet usage is increased during the pandemic. The cons about physically distancing are it can lead to misinformation, bias in the usage...
Proceedings Article
The Disparity of PSBB’s Sanctions in Local Government Regulation in Indonesia
Sadam Afian Richwanudin, Oce Madril
The Covid-19 pandemic that hit the entire world, including Indonesia, made several regions in Indonesia apply limited lockdown or in Indonesian policy, it’s known as Large-Scale Social Restrictions (PSBB). One of the contents of the PSBB regulation is the existence of administrative sanctions for offenders...
Proceedings Article
Health Services Controversy in Emergency Conditions Seen Through the Zaakwaarneming Approach
Anita Kamilah, Ryan Majid
Health is a human right to get an increase in the degree of public health through the provision of medical services in accordance with professional code of ethics standards and the patient’s medical needs after obtaining prior approval from the patient. However, in an emergency situation with the aim...
Proceedings Article
Strict Liability for the Product of COVID-19 Vaccine as a form of Human Rights Protection from the State to the Consumer
Rizky Girsang, Chikita Marpaung
The government as the representative of the State must provide the highest standard of protection in the health sector as an effort to fulfill human rights as written in Article 28 H and Article 28 I of the 1945 Constitution of the Republic of Indonesia. In 2021, the Indonesian Government rolled out...
Proceedings Article
The Effect of Religiosity on Society’s Law Awareness in Complying with Health Protocol in DKI Jakarta Province
Galih Ismoyo Yantho, Kharunia Nur Hidayah, Argo Suhartono, R Achmad Nurhadi
The Covid-19 pandemic has turned into an international calamity that has produced material losses, put psychosocial pressure on society, and resulted in numerous deaths. Society’s behavior and lifestyles have also changed due to the Covid-19 pandemic, allowing them to adapt to the current situation....
Proceedings Article
The Effect of Pandemic on Loneliness in the New Normal Life
Rizki Mutaqin, Ayu Noviyanti
Prisoners are a part of society in the new-normal life. The rules in the new normal are changing all the time, including in prisons. One of the regulations during the new-normal life is their family could not visit prisoners. According to Plt. Dirjen Pas Decision Number: PAS-08.OT.02.02. 2020, this is...
Proceedings Article
Invoking Compulsory Licensing Amidst the COVID-19 Pandemic
Increasing Accessibility of Vaccines in Indonesia
Dyah Ayu Saraswati, Ghina Raihanah, Amanda Normanita Siregar
A patent gives inventors exclusive rights to profit from their products as well as preventing other parties from claiming it as theirs, which is regulated by both international law and Indonesia’s national law. Patenting pharmaceutical products is controversial as companies can profit from the complex...
Proceedings Article
Law Enforcement and Health Protocols Towards COVID-19 Patients During Self-Isolation
Yuliyanto Yuliyanto, Suharyo Suharyo, Ulang Mangun Sosiawan, Hilmi Ardani Nasution, Jody Imam Rafsanjani
The number of people who have been confirmed positive for Covid-19 continues to grow from time to time. Data for March 2021 shows that 1,419,455 people were who were confirmed positive for Covid-19, 1,243,117 patients recovered, and 38,426 patients died. The Covid-19 pandemic has an impact on increasing...
Proceedings Article
The Adaptation of Public Service During the Covid-19 Pandemic
Case Study of “Obrolan Peneliti” at the Research and Development Agency for Law and Human Rights
Jody Imam Rafsanjani, Septarina Nur Handayani
The Covid-19 pandemic has resulted in various changes and adjustments to aspects of people’s lives in the face of the Covid-19 pandemic. Public service is an activity to fulfill the needs of citizens for goods, services, and administrative services in a sustainable manner to achieve the national interest....
Proceedings Article
Bailout Policy in the Minerals and Coal Act Ecological Justice Perspective
Eka NAM Sihombing, Cynthia Hadita
The right to a good and healthy environment is a basic right that obtains constitutional guarantees in Article 28H Paragraph 1 of the 1945 Constitution, but the constitutional guarantee seems to be ruled out by the presence of Law No. 3 of 2020 on Amendments to Law No. 4 of 2009 on Minerals and Coal....
Proceedings Article
The Discrepancy of Legal Provisions Regarding the Electronic Identification Card (e-KTP) for Foreigners: Immigration Perspective
Bagas Hidayat Putra, Aisyah Mila Riski
Everyone has a personal identity card as a form of residency. Therefore, in order to provide an acknowledgment, determination, and protection of personal status and legal status, it is necessary to have an administratively valid residence instrument, namely an identity card or currently packaged in the...
Proceedings Article
Integrative Negotiation Approach by the Indonesian Constitutional Court in Concurrent General Elections Policy
Tri Sulistianing Astuti
The Indonesian Constitutional Court has rejected the judicial review of concurrent general elections’ constitutionality in Decision No. 55/PUU-XVII/2019 on 26 February 2020. The Constitutional Court rejected the entire judicial review of Law No.7/2017 considering General Elections and Law No. 1/2015...
Proceedings Article
Justice Value for Society on Implementation of Visa and Stay Permit Policy in the New Normal
Reza Riansyah Abdullah, Yusriyadi Yusriyadi, Andry Indrady
The situation caused by the Covid-19 pandemic forces every government of sovereign countries to close their borders; this results in the limited movement for anyone to travel across countries. As one of the countries affected by Covid-19, the Indonesian government issued a visa and stay permit policy...
Proceedings Article
Rethinking Indonesian Visa Policy: An Onshore Visa as a Tool to Anticipate Non-Traditional Security Threats
Anita Herlina
Infectious disease is one of the non-traditional security threats along with other issues such as environmental degradation, transnational crimes, climate change, terrorism, food security, etc. Due to the COVID-19 pandemic, all countries have a common policy regarding mobility restrictions such as border...
Proceedings Article
The Understanding of Indonesian Passport Holders in Tackling Emergency Situations while Overseas
Case Study: Safe Travel Application
Sri Mawarni
Facing emergency situations in overseas is somehow challenging, particularly considering the whole setting of one’s surroundings is alien (including cultural and social context, legal system, and language) and lack of one’s support system to be accessed to back up for help. Thus, it is important for...
Proceedings Article
The Universality of Human Rights and People Mandate in Indonesia
Andreas Tedy Mulyono
The universality of human rights has developed virally and became more and more dominant in this disruption era. On the one hand, global political propaganda links the issue of human rights with all areas of the lives of world citizens. On the other hand, the fulfillment of the constitutional rights...
Proceedings Article
Indonesian Perspective on the Protection of the Right to Health for Migrant Domestic Workers During the COVID-19 Pandemic
Arini Azka Muthia, Nurhani Fithriah, Dimas Dwi Arso
Today, the world faces a COVID-19 pandemic caused by SARS-CoV-2, a new type of virus from the coronavirus (a group of viruses that infect the respiratory system). Coronavirus infection can cause mild to moderate respiratory infections, such as flu, or infections of the respiratory system and lungs, such...
Proceedings Article
The Highest Attainable Standard of Health for Female Workers in the Pandemic from Human Rights Perspective Case Study in Indonesia
Linda Fatmawati Saleh, Firdaus
The guarantee of the right to health is regulated in the Indonesian constitution. COVID-19 has a disproportionate economic impact on female workers. Policies in the form of limiting physical and social distance have a distinctive impact on women, especially in relation to the position of women workers...
Proceedings Article
Access to Justice for Marginalized Dalit People in India: Analyzing the Challenges in Attaining the Sustainable Development Goals
E. Prema, V. Shyam Sundar, P.R.L. Rajavenkatesan
Access to justice is a basic human right of all. Most of the human rights documents have discussed much on non-discrimination prevailed for marginalized Dalit People. Few social evils persist in modern society, such as racial discrimination and caste-based discrimination. India is a diverse society with...
Proceedings Article
The Effectiveness of a Task Force for Preventing Sexual Exploitation: Evidence from Human Trafficking (Women and Children) in East Nusa Tenggara, Indonesia
Ike Dwi Ambarwati, Muhammad Kamil, Ali Roziqin
The phenomenon of human trafficking particularly are (women and children) in Indonesia always concern to raise a serious response by the government. One factor causing human trafficking is the lack of economic income, which is inversely proportional to the skills of the community. Based on the International...
Proceedings Article
The Elimination of Sexual Violence Bill: Prevention Effort and Access to Justice for Victim
Atikah Rahmi
Sexual violence is against the universal humanitarian values and constitution, which guarantees its citizens’ protection from all forms of violence. Normatively, sexual violence is also prohibited by any religion, especially with the aim of Islam, namely to create benefit, which is elaborated in maqashid...
Proceedings Article
Miscarriages of Justice in Indonesia: Marginalized Groups, Structural Victimization, and Formal Social Control
Erni Rahmawati, Mohammad Kemal Dermawan
This research discusses the miscarriages of justice in Indonesia from a criminological perspective. From the various cases obtained, most of them target the marginalized. If this continues, there is a risk that the government and criminal justice system would lose public trust and may cause further negative...
Proceedings Article
Critical Thinking to the Restrictions on Registration of Divorce Lawsuits at the Islamic Courts During the Pandemic in Indonesia
Selamat Widodo, Astika Nurul Hidayah
The pandemic has changed all human routines in all parts of the world, including law enforcement in Indonesia. One of the most prominent issues is access to public services at the Islamic Courts. Many registrations for divorce have exceeded the capacity of the court waiting room, forcing the court to...
Proceedings Article
Access to Justice for Transgender People in the Perspective of the State Law of Pancasila Through Legal Empowerment
Monica Asmitha Tampubolon, Apribilli Apribilli, Aditya Duta Perdana
This research will discuss access to justice for transgender people from the perspective of the state law of Pancasila through legal empowerment. This research uses a juridical normative research method in a prescriptive form, which identifies the main issues to be discussed thoroughly with the legal...
Proceedings Article
Feminist Paradigm for Women Child Refugee on Indonesia Recently in New-Normal Era
M Riadhussyah, Alwafi Ridho Subarkah, Ahmad Saifuddin Bukhari
This study aims to determine the view of feminism in seeing female refugee children in Indonesia during the new-normal era during the Covid-19 pandemic. Women and children are the most vulnerable creatures, so they need protection, especially those who have fled to Indonesia, a transit country. This...
Proceedings Article
Human Rights Approach in the Disparity of Terrorism Court Decisions
Aghia Khumaesi Suud
The increasingly diverse crimes of terrorism have resulted in many trials in the Supreme Court. However, every terrorism case in Indonesia does not receive the same criminal penalty, which is known as a disparity in criminal Court decisions. With a normative juridical approach and using secondary data,...
Proceedings Article
Revitalization of Local Wisdom in Preventing Intolerance and Radicalism in Indonesia
Oksimana Darmawan, Firdaus Firdaus, Okky Chahyo Nugroho, Oki Wahju Budijanto, Donny Michael, Penny Naluria Utami, Yuliana Primawardani, Tony Yuri Rahmanto, Marwandianto Marwandianto, Abi Marutama
The decline in the spirit of local wisdom in Indonesia is marked by the emergence of intolerance caused by the negative impact of modernization, understanding of religious beliefs, fanaticism in political life by blaspheming one another, and spreading hatred. Considering these conditions, local wisdom...
Proceedings Article
Bale Mediation as a Mediation Implementation Institution Based on Local Wisdom in Dispute Resolution in West Nusa Tenggara
Lelisari Lelisari
The existence of challenges and obstacles regarding the implementation of Indonesia’s positive legal system resulted in legal dysfunction. For this reason, it is necessary to prepare policies by the government in order to regulate the behavior of its citizens. Policy-making strategies are carried out...
Proceedings Article
Legal Development Through the Implementation of Non-Conviction Based Concepts in Money Laundering Asset Recovery Practices in Indonesia
Ana Fauzia, Fathul Hamdani
The high number of cases of money laundering crime appear an idea to implement a new legal concept, namely the confiscation of assets without punishment (Non-conviction based asset forfeiture), which is called NCB with the aim of recovering state losses (Asset Recovery) from money laundering crime. However,...
Proceedings Article
Violations of Human Rights by Criminal Acts of Misappropriation of Social Assistance Funds
Wilma Silalahi
The Constitution guarantees the fulfillment of human rights, acts as a means of limiting power, and cannot be separated from the protection of human rights, a democratic state, and the rule of law. The role of the Constitution as a normative crystallization of the state’s duty in providing protection...
Proceedings Article
Legal Protections for Lecturers
Apriani Sijabat, Herna Febrianty Sianipar, Theresia Monika Siahaan, Osco P. Sijabat
This article aims to examine the legal protections of educational personnel, especially lecturers. Lecturers are professional educators and scientists with the main task of transforming, developing, and disseminating science, technology, and art through education, research, and community service. The...
Proceedings Article
The Urgency of Formulating New Government Regulation on the Mental Rehabilitation of Child Victims of Sexual Crimes After the Adaption to the New-Normal
Laurenzia Luna, Serlly Waileruny
COVID-19 came with a lot of changes to the order of human life; what was once common became prohibited. These changes brought many impacts, one of which towards children as the most vulnerable of the population in many aspects, including the rise of violence and abuse towards children during the pandemic....
Proceedings Article
Factors Influencing Abuse/Circulation of Narcotics in the Correctional Institution and Detention Centers in Indonesia
Edward James Sinaga, Ahmad Sanusi, Nizar Apriansyah, Hakki Fajrindo, Insan Firdaus, Josefhin Mareta, Evida V. Manullang
From 2015-2018 there was a surge in the number of people convicted of incident abuse and illicit narcotics trafficking in Indonesia. The increase was 82%, from 63,355 people in 2015 to 115,289 people in 2018. Several cases of abuse and illegal narcotics trafficking occurred in prisons/ detention centers...
Proceedings Article
Revitalization of the Application of Islamic principles and the ITE Law in Business Development in the Era of Digital Transformation
Aristoni Aristoni, Moh. Nurul Qomar, Eni Kusrini
This research investigates the significance of adopting Islamic principles and adhering to the Law on Information and Electronic Transactions, particularly for business players who are establishing their businesses. As planned, the application manifests itself as an awareness of business actors’ attitudes...
Proceedings Article
The Right to Health Assessment on Indonesian Policy on Releasing Incarcerated People
Fransiska Asmin
The Indonesian government issues the regulation with releasing people in incarceration to respond to the Covid-19 pandemic. Indonesian government released 40.000 peoples in incarcerated in 2020. However, the overcrowded prisons in Indonesia that reach more than 80% need a more progressive response and...
Proceedings Article
The Urgency of the Truth and Reconciliation Commission (KKR)
A Problem Solving of Human Rights and Legal Stagnation in Indonesia
Saivol Virdaus, Nasrulloh Ali Munif, Zainal Arifin
Past human rights violations are still a big problem for Indonesia. Although Indonesia once had a Truth and Reconciliation Commission (KKR) as an instrument for resolving human rights cases, in its running the KKR Law was proven to be inconsistent with the 1945 constitution. This made the KKR Law unable...
Proceedings Article
Privacy on Personal Data Collection: Surveillance During the New Normal in Indonesia
Reggy Dio Geo Fanny, Aisyah Rizky Aulia Danti
COVID-19’s New Normal situation has been leading to a huge increase in the collection of personal data. Widely and intensively used digital technologies have been an important feature of international responses to the COVID-19 pandemic. One interesting class of such technologies is the COVID-19 Contact...
Proceedings Article
Legal Breakthrough Steps as an Effort to Improve Competitiveness Climate and Guarantee Legal Certainty for Investment in Indonesia
Marulak Pardede, Henry Donald Lbn Toruan, Mosgan Situmorang, Syprianus Aristeus
In the midst of a weakening global economic situation due to the impact of the Corona Virus pandemic, Covid 19, the competition to attract foreign investment is getting tougher and more difficult. Investment, in the form of foreign investment, is believed to still be the main support for Indonesia’s...