Proceedings of the International Conference on Cultural Policy and Sustainable Development (ICPSD 2024)
98 articles
Proceedings Article
Peer-Review Statements
Abdul Kadir Jaelani, Irwansyah Irwansyah, Fokke Fernhout, Adolfo Antonio Paolini, Mohd Rizal Palil, Hilaire Tegnan, Okid Parama Astirin, Sutarno Sutarno, Patricia Covarrubia, Bobur Sobirov, Robbi Rahim
All of the articles in this proceedings volume have been presented at the International Conference on Cultural Policy and Sustainable Development (ICPSD 2024) during 18-19 May 2024” in Surakarta, Indonesia. These articles have been peer reviewed by the members of the Editors and Scientific Committee...
Proceedings Article
Copyright for Digital Error, Overcoming Revenge Porn on X application through the Lens of Policy and Laws
Alriansyah Sakhi Fauzan, Hari Purwadi
The advancement of digital technology and social media platforms has brought big changes in communication and information sharing. However, this digital transformation also brought a new type of sexual assault, including revenge pornography. This article analyzed the challenges of laws and policy procedures...
Proceedings Article
The Urgency of Establishing a Special Judicial As An Effective Solution For Resolution of Election Result Disputes
Abdul Lathiif Al Qoharuddin, Sunny Ummul Firdaus
The general election has become an important event that sheds the democratic values in the existence of a democratic state. In spite of the fact that decisions are an imperative prepare within the support of vote based system, we cannot dodge the plausibility of problems emerging all through the method....
Proceedings Article
Criminal Liability of Beneficial Owners in Corporate Crime
Agung Susanto, Supanto Supanto, Muhammad Rustamaji
This research examines the legal issues relating to holding Beneficial Owners (BOs) liable for corporate wrongdoing. This research aims to examine the regulations regarding the involvement of Beneficial Owners in Indonesian law and evaluate their criminal liability for violations of corporate law. The...
Proceedings Article
Understanding Decentralization Appliances In Special Region Of Yogyakarta In The Land Sector
Akbar Ardya Putra, Rosita Candrakirana
This study aims to explore and investigate the implementation of asymmetric decentralization in the land sector of the Special Region of Yogyakarta (DIY) from the perspective of justice. The research is driven by the diverse characteristics of various regions in Indonesia, which have led the government...
Proceedings Article
Regulation On-Grid Rooftop Solar Power Plant: Is There Any Commitment to Energy Transition?
Annisa Fianni Sisma, I Gusti Ayu Ketut Rachmi Handayani, Lego Karjoko, Abu Bakar Bin Munir
The elimination of the mechanism for calculating the export-import of electricity from rooftop solar power plant users is allegedly able to reduce public interest in using it, which can hamper Indonesia’s primary energy mix target in the form of renewable energy. This condition is not in line with the...
Proceedings Article
Steven Vago’s Theory of Legal Change Approach on Telecommunication Technology Transformation
Arief Hamdani Gunawan, I Gusti Ayu Ketut Rachmi Handayani, Lego Karjoko
The fast evolution of telecommunication technology from 5G to telegraph has brought about massive changes in communication and societal interactions, presenting new challenges and opportunities. In his research, the writer examines these developments as far as the Indonesian telecommunication regulations...
Proceedings Article
The Interests and the Conflict Vortex in Wadas Village: A Karl Marx Perspective
Abdul Kadir Jaelani, Reza Octavia Kusumaningtyas
The influence of Karl Marx’s theories on legal philosophy and jurisprudence is the subject of an ongoing debate. Conflict theory acknowledges that disagreements and discord arise within social structures. Furthermore, this theory examines various forms of authority that give rise to disputes that culminate...
Proceedings Article
Transformation of Financial Transaction Patterns in the Era of Digital Society: Challenges and Implications for Public Financial Management Regulations
Yuni Nurhayati, I Gusti Ayu Ketut Rachmi Handayani, Ria Mardiana Yusuf
This modernization demand is in line with society’s demands for bureaucratic transparency and accountability. These factors encourage the government to create mechanisms to introduce a more modern transaction system in line with current developments. The financial governance system is regulated by several...
Proceedings Article
Establishing the Management of Trial Minutes in Realizing the Principle of Openness of the Judiciary at the Constitutional Court
Johan Yustisianto, I Gusti Ayu Ketut Rachmi Handayani, Muhammad Guntur Hamzah
Judicial transparency is a core element in a democratic legal system that ensures the openness of the judicial process and the availability of public information. In Indonesia, the promotion of transparency in the judiciary is upheld by several regulations, such as the 1945 Constitution, the KIP Law,...
Proceedings Article
The Effectiveness of Fair Pre-Prosecution: Solutions to Current Law Enforcement Problems
Muhamad Yofhan Wibianto, Hartiwiningsih Hartiwiningsih, I Gusti Ayu Ketut Rachmi Handayani
The implementation of law enforcement in Indonesia is currently regulated in Law No. 8 of 1981 concerning the Criminal Procedure Code, which still causes various problems, especially in the pre-prosecution stage, which involves the relationship between the investigator and the Public Prosecutor. To resolve...
Proceedings Article
Optimizing Judicial Governance: The Imperative of Legal Framework in Employee Talent Management Information Systems for Effective Judiciary Management
Yuni Sandrawati, I Gusti Ayu Ketut Rachmi Handayani, Muhammad Guntur Hamzah
Indonesian Judicial Institutions’ Employee Talent Management Information Systems are paramount for efficient and transparent human resource management. Despite diverse legal frameworks, including Law Number 5 of 2014 concerning State Civil Apparatus and Government Regulations Number 11 of 2017 and Number...
Proceedings Article
Strengthening Executive Preview as a Mechanism to Simplify Regional Regulation of Regency/municipality in the Political of Law Dimension
Awaliyah Nur Dianasari, Waluyo Waluyo
Obesity regulation at the municipal or regency level impedes investment and commercial ventures. The National Medium-Term Development Planning 2020–2024 has devised a strategy for simplification regulation. This essay examines the factors that contribute to obesity and how to combat them in terms of...
Proceedings Article
The Future of Meritocratic Oversight of the State Civil Apparatus in Indonesia
Bianca Kartika Sari, Rahayu Subekti
The recently enacted Law of the Republic of Indonesia Number 20/2023 on the State Civil Apparatus revokes the authority of the Commission of the State Civil Apparatus, which was previously responsible for monitoring the adherence to merit system and ethical standards of conduct within the state civil...
Proceedings Article
Forest Preservation and Enhanced Legal Safeguards Against Illegal Logging
Bonard David Yuniarto, Hartiwiningsih Hartiwiningsih, Supanto Supanto
Forests are of critical importance for the environmental balance, and play a major role in sustaining economic development as they keep providing habitats essential to life, oxygen levels mostly from tropical rainforests and economical welfare amongst other. Juridically Protect third parties with an...
Proceedings Article
Optimization of Agrarian Reform for the Settlement of Abandoned Land Based on the Theory of Usefulness
Dian Fathri Wardana, Lego Karjoko
In the context of upholding justice, the Decision of the Banjarmasin State Administrative Court Number 25/G/2020/PTUN. BJM made the rejection of the application for postponement of the implementation of the object of dispute submitted by the plaintiff irrelevant. However, the decision points to the need...
Proceedings Article
Pacta Sunt Servanda as Legal Certainty in a Fixed-Term Employment Agreement
Edwin Febri Ardhie, Pujiyono Suwadi
Civilisation brings with it the complexity of interests within society. The interests of individuals in a society require clear limitations in the form of legal certainty to create order in their collective life. A Fixed-Term Employment Agreement (PKWT) is a form of specific law (autonomous law) that...
Proceedings Article
Validity of The General Election Commision Regulation on Campaign Setting in Government Facilities
Fazlur Rahman El Islamy, Lego Karjoko
This study aims to evaluate the validity of The General Election Commission (KPU) Regulation Number 20 of 2023 concerning Amendments to KPU Regulation Number 15 of 2023 concerning General Election Campaigns which regulates the use of state facilities in the campaign as a follow-up to the Constitutional...
Proceedings Article
Law Enforcement of Unfair Business Competition in the Procurement of Goods and Services
Razi Fajari Farghani, Adi Sulistiyono
The purpose of this study is to determine the importance and immediacy of punitive measures for violation offenders in government procurement systems for goods and services within Indonesia. It also aims to evaluate Business Competition Supervisory Commission and State Administrative Court’s roles in...
Proceedings Article
E-Court: The Impact Of Technology And Information Development In Indonesian Laws And Regulations
F. X. Hastowo Broto Laksito, I Gusti Ayu Ketut Rachmi Handayani, Waluyo Waluyo
The purpose of writing this paper is to look at the phenomenon of electronic courts (e-courts) that have been applied in procedural law in Indonesia. The rapid development of technology and information has led the state to transform public services in providing access to justice through the judiciary....
Proceedings Article
The Model for Establishing Community-Based Renewable Energy Regulation in Indonesia with Just Transition
Dararida Fandra Mahira, Lego Karjoko
This research examines the model for establishing community-based renewable energy regulation in Indonesia with Just Transition. The current Energy Law still does not provide certainty, protection, and benefits for people who want to manage small-scale renewable energy, but the opposite is true for business...
Proceedings Article
Problematisation of Forest Estate Policy in the Implementation of Food Estate
Ilham Aji Pangestu, I Gusti Ayu Ketut Rachmi Handayani, Lego Karjoko
This research aims to identify and analyze the problems of forest area policies for food security in the implementation of food estates. This research is a prescriptive normative legal research. Normative legal research using secondary data which is based on primary and secondary legal materials. Analysis...
Proceedings Article
Application of State Financial Law in the Management of State-Owned Enterprises Persero in Indonesia
Kin Isura Ginting, I Gusti Ayu Ketut Rachmi Handayani, Ria Mardiana Yusuf
Management of State-Owned Enterprises (BUMN) Persero in Indonesia is an important issue in the context of state financial law. In order to ensure efficiency, transparency and accountability in BUMN management, a deep understanding of the legal aspects governing state finances in this context is required....
Proceedings Article
Specific Time Work Agreement (PKWT) Regulations
(Comparative study between Indonesia and Malaysia)
Kinanthi Puspitaningtyas, Waluyo Waluyo
Everybody has the right to get respectable job to support a decent life. Labor regulations are very important to avoid employer arbitrariness to unequal position of both sides. Employment regulations in each country are different. Each country has its own set of laws and regulations to provide legal...
Proceedings Article
Implementation of the Principle of Balance in Policies on Performance Appraisal of State Civil Apparatus Employees
Nova Ayu Pratiwi, Lego Karjoko
This study aims to analyze legal issues related to the performance appraisal policy of ASN employees whether it is by applicable laws and regulations and whether the principle of balance has been implemented in the performance appraisal policy that ensures fairness and equal treatment for all ASN employees....
Proceedings Article
The Existence of Food Regional-Owned Enterprises (BUMD Pangan) in the Pancasila Legal State
Nugroho Wira Husada, Lego Karjoko, Mohd Rizal Palil
The issue of food at the state level is very important as a variable that determines the life and death of the state. It is urgent as a priority for the government at the central level to local governments in forming a comprehensive configuration and system to create continual food security. Article...
Proceedings Article
Relations between The State and Religion in The Constitutional Republic of Indonesia
Syukri Asy’ari, I Gusti Ayu Ketut Rachmi Handayani, Arief Hidayat
The debate regarding the relationship between the state and religion in Indonesia has been going on for a long time and its intensity is increasing while preparations for independence are underway. This article examines how these debates influenced the creation and amendment of the Constitution, as well...
Proceedings Article
The Concept of Adultery in Positive Law: Is There a Rational Basis in the Pancasila Legal State in Indonesia
Edwin Aditya Irawan, Lego Karjoko
The lack of character education and the high influence of liberal western culture has led many people to enter into unhealthy romantic relationships, who instead of carrying out legal marriage relations, in accordance with religious beliefs and the provisions of marriage law, actually engage in sexual...
Proceedings Article
Role and Position of the Minister of Women’s Empowerment and Child Protection’s Regulation on Gender-Responsive and Child-Friendly Work Facilities
Puspita Linda Laras Priska, Lego Karjoko
Indonesia has demonstrated a commitment to gender equality and women’s empowerment, but challenges in implementation persist. This study investigates the critical role of gender-responsive and Child Friendly work facilities in advancing human rights and equitable development. Additionally, it analyzes...
Proceedings Article
Education Budget Allocation in the Constitution: A Concept, Challenge and Opportunity
Chafid Sugianto, Hartiwiningsih Hartiwiningsih, Lego Karjoko
This article discusses the concept of education budget allocation mandate in the Indonesian constitution, the challenges and opportunities faced in its implementation. The purpose of this research is to be used as a study in determining the concept of an education budget that can achieve the country’s...
Proceedings Article
Contribution of Hotel Tax in Increasing Local Revenue of Surakarta City and its Influence in Sustainable Economic Development of the Country
Rachmadita Sheila Alikaputri, Waluyo Waluyo
One of the local revenues comes from local taxes. Specific Goods and Services Tax (PBJT) in Law Number 1 of 2022 concerning Financial Relations Between the Central Government and Regional Governments (HKPD Law) is one type of district / city local tax. PBJT has objects including Hotel Tax. PBJT on Hotels...
Proceedings Article
Consistency of Constitutional Court Decisions in Realizing Fair Legal Certainty
Achmad Dodi Haryadi, Hartiwiningsih Hartiwiningsih, Arief Hidayat
The significance of decision consistency by the Constitutional Court in scrutinizing statutes is paramount for achieving legal certainty. Occasionally, however, the Court has invalidated the essence of a legal norm, whilst identical norms remain effective within other legislation. Addressing this issue,...
Proceedings Article
Basis For The Validity Of The Finance Minister’s Policy In Determining Rental Price Of State-Owned Building Utilization
Akbar Anatajaya, I Gusti Ayu Ketut Rachmi Handayani, Lego Karjoko
This article discusses the Minister of Finance’s policy in determining the rental price for utilization of State Property Buildings as a sustainable effort in the management of State Property which is not only oriented towards administrative burdens and functions but also in making various innovations...
Proceedings Article
Individual Candidates in The Regional General Election
Ina Zuchriyah, I Gusti Ayu Ketut Rachmi Handayani, Hartiwiningsih Hartiwiningsih, Janedjri M. Gaffar
This article explores the participation of individual candidates in the Regional Head General Election, following the Constitutional Court’s decision Number 5/PUUV/2007, which determined that individual regional head candidates, or Independent Candidates, could take part in the Regional Head Election....
Proceedings Article
Legal Review of Police Discretional Authority in Terminating Investigations, Implications for Victims in Searching for Justice and Legal Truth
Danny Trisno Susetyo, Hartiwiningsih Hartiwiningsih, Muhammad Rustamaji
Cases that are still under investigation by the police, whether they want to be stopped or whether they want to continue to escalate the case from initial investigation to further investigation, are all within the absolute authority of Police Investigators. No law regulates judicial institutions that...
Proceedings Article
The Urgency of Implementing the Sexual Violence Crime Law (UU TPKS) Viewed from the Perspective of Victims’ Rights
Rr. Sri Agustini, Hartiwiningsih Hartiwiningsih, Jamal Wiwoho
After two years the People’s Representatives Council passed Law Number 12 of 2022 concerning Criminal Act of Sexual Violence (TPKS Law); its implementation has not been optimal because the government has not completed the derivate regulation from the TPKS Law, so there is an excuse for law enforcement...
Proceedings Article
Efforts to Build Budget Independence in the Constitutional Court of Indonesia to Create Judicial Independence
Siska Yuniza, I Gusti Ayu Ketut Rachmi Handayani, Enny Nurbaningsih
Currently, budget management in the Constitutional Court as one of the judicial institutions in Indonesia has not been separated from the role of the executive and legislative institutions. Judicial Power is an independent power to administer justice in order to uphold law and justice, so that budget...
Proceedings Article
Meaningful Participation in Law-making Process of Health Law in Indonesia
Yunita Rhamadani, Sunny Ummul Firdaus, Enny Nurbaningsih
The formal review of Law Number 17 of 2023 concerning Health to the Constitutional Court was submitted. One of the reasons was because the Petitioner considered that this Law did not meet the requirements of meaningful participation. This issue was determined as the object of this research. The normative...
Proceedings Article
A Utility, Justice, and Security Perspective on the “Final and Binding” Constitutional Court’s Decisions
Muhammad Doni Ramdani, Hartiwiningsih Hartiwiningsih, I Gusti Ayu Ketut Rachmi Handayani
The issue of judicial review has undergone a profound dynamic development throughout the history of Indonesia. The development of this matter has been concerned not only with material considerations but also with the formal legal issues that have arisen as a consequence of constitutional events. This...
Proceedings Article
Legal Problem Of Neutrality Of State Civil Apparatus In Elections
Sri Handayani, I Gusti Ayu Ketut Rachmi Handayani, Enny Nurbaningsih
Every State Civil Apparatus (SCA) is legally required to maintain a neutral and independent attitude toward political intervention. Many positive laws in Indonesia have regulated the SCA’s obligation to be neutral. However, in fact, cases of violations of SCA neutrality in elections from year to year...
Proceedings Article
Adapting the Application of Artificial Intelligence in the Constitutional Court: Opportunities and Challenges
Budi Wijayanto, I Gusti Ayu Ketut Rachmi Handayani, Lego Karjoko
The Constitutional Court, one of the most distinguished judicial institutions in Indonesia, is still under the curse of partiality or quality of decisions. To overcome these issues the technology of Artificial Intelligence (AI) is anticipated to serve as a workaround. However, the use of AI in the Constitutional...
Proceedings Article
Public Information Disclosure in the Judiciary as an Implementation of Court Excellence
Hadian Taofik Rochman, Hartiwiningsih Hartiwiningsih, I Gusti Ayu Ketut Rachmi Handayani
Reforms emphasise the significance of great administration, counting responsibility, straightforwardness and open support. Transparency in public administration allows the public to access information that was previously unavailable, increases control over government, reduces corruption, and increases...
Proceedings Article
Protection of the Constitutional Rights of Children Conflict the Law Based on Legal Certainty
Erlina Maria Christin Sinaga, Hartiwiningsih Hartiwiningsih, Muhammad Guntur Hamzah, Janedjri M. Gafar
Existing technological developments can have positive and negative impacts on society, especially for children who are still at a vulnerable age. The large amount of negative content on social media used by children in general can lead children into negative things, so that many children commit crimes...
Proceedings Article
Angkola Customary Criminal Law: Towards the Implementation of Customary Criminal Law in the Indonesian Criminal Justice System
Rahul Ardian Fikri, Hartiwiningsih Hartiwiningsih, Muhammad Rustamaji
Indonesia has just passed Law Number 1 of 2023 concerning the Criminal Code, which in Article 2 provides recognition for the laws that exist in society. This article allows a person to be sentenced based on the laws that apply in society as long as they are in accordance with the basic values of the...
Proceedings Article
Implementation of Procurement Contracts Electronic Based at the Constitutional Court
Isti Widayanti, I Gusti Ayu Ketut Rachmi Handayani, Muhammad Guntur Hamzah
Procurementhas a very important role in implementing government programs and activities. Procurement of Goods and Services is an inseparable part of every activity starting from planning, procurement, and program implementation to accountability. Goods and services procurement activities have an important...
Proceedings Article
Legal Aspects in Issuing Central Bank Digital Currency in Indonesia as a Currency
Rimas Kautsar, Jamal Wiwoho, Arief Hidayat
The existence of the Digital Rupiah (D-Rupiah) as a Central Bank Digital Currency (CBDC) has been accommodated in Law Number 4 of 2023 concerning Development and Strengthening of the Financial Sector (UU P2SK) that amended the Indonesian Currency Law, however, is the regulatory formulation in this law...
Proceedings Article
Enigma In Detention: Unraveling The Firli Bahuri Case
Afni Carolina, Hartiwiningsih Hartiwiningsih, Pujiyono Suwadi
The investigation and oversight of criminal prosecutions in Indonesia, focusing on the case of Firli Bahuri, a former leader of the Corruption Eradication Commission (KPK) who currently faces corruption charges. Employing a normative juridical approach, this research delves into legal provisions and...
Proceedings Article
Harmonization of Restorative Justice Regulation in the Legal System in Indonesia
Agung Wibowo, Hartiwiningsih Hartiwiningsih, Sulistyanta Sulistyanta
Ensuring regulatory harmonization is crucial for upholding uniformity and legal clarity within the legislative framework, as underlined by Prof. Jimly Asshiddiqie and Prof. Satjipto Rahardjo. This paper examines the difficulties and approaches in aligning restorative justice rules within Indonesia’s...
Proceedings Article
The Concept of State Economic Loss in Corruption Crime Cases
Aji Rahmadi, Lego Karjoko, Hartiwiningsih Hartiwiningsih
The categorization of corruption as an exceptional offense has significantly influenced legal proceedings in Indonesia. When prosecuting corruption cases, the focus is often on proving the financial damage to the state as outlined in Article 2(1) or Article 3 of Law No. 20 of 2001 on the Eradication...
Proceedings Article
Optimizing Recovery of State Losses: Effective Strategy for Tracing Corrupt Assets at the Investigation Stage
Bayu Murti Ywanjono, Hartiwiningsih Hartiwiningsih, Pujiyono Suwadi
Asset tracing is a crucial investigative method used to recover funds lost by the state due to criminal acts such as corruption and money laundering (TPPU). The objective of this process is to locate and identify assets that have been obtained through illegal activities, with the intention of seizing...
Proceedings Article
The Simplification Policy of Organization at the Constitutional Court is Based On Flexibility, Changeability, and Moveability
Dewi Hastuti, I Gusti Ayu Ketut Rachmi Handayani, Arief Hidayat
The Constitutional Court is crucial for upholding legal stability and justice within a nation. The Constitutional Court must adjust to evolving societal dynamics and the growing complexity of legal requirements as it carries out its vital responsibilities. An action that has been made is the implementation...
Proceedings Article
Examining the Urgency of Restorative Justice: The Indonesian Attorney General’s Office and the Fight Against Corruption
Farid Achmad, Mohammad Jamin, Hartiwiningsih Hartiwiningsih
The legal system in Indonesia adheres to a comprehensive framework regulated by Law Number 8 of 1981, which specifically addresses the procedures pertaining to criminal law inside the nation. The Indonesian Office of the Attorney General plays a crucial part in the criminal justice system and is accountable...
Proceedings Article
Imposition of Compensation Money in Corruption Cases Based on Justice Values
Fendi Nugroho, Hartiwiningsih Hartiwiningsih, I Gusti Ayu Ketut Rachmi Handayani
Law enforcement is a regulatory framework that governs permissible and forbidden behaviors, including the response to law infractions and other lawful actions carried out by the state. In the context of combating corruption in Indonesia, the presence of state financial loss is a crucial factor, as stipulated...
Proceedings Article
Utilization of Mutual Legal Assistance as a Cooperation Framework for Confiscation of Assets Proceeds of Criminal Acts Abroad
Fiyulia Hartini Putri, I Gusti Ayu Ketut Rachmi Handayani
Indonesia confronts a multitude of transnational offenses that persistently expand, including human trafficking, human smuggling, corruption, and money laundering. Law enforcement authorities often encounter criminals who deliberately obscure the origin of their income in order to avoid being detected....
Proceedings Article
Confiscation of Corruption Crime Assets by the Indonesian Attorney General as an Action to Recover State Financial Losses
Johansen Christian Hutabarat, I Gusti Ayu Ketut Rachmi Handayani
Addressing corruption, which is seen as an egregious offense, necessitates a thorough and effective strategy. Corruption not only undermines public finances but also infringes upon the social and economic rights of the people. The regulation of asset seizure in relation to corruption crimes is stipulated...
Proceedings Article
The Concept of Punishment for Environmental Crimes as an Effort for Sustainable Development in Indonesia
Maria Pricilia Silviana, Hartiwiningsih Hartiwiningsih, Lego Karjoko
One of the causes of forest deforestation is the deliberate burning of forests and land by corporations to save costs and time to achieve greater profits. The environment damaged and polluted by forest and land fires must be restored so the next generations can enjoy it. Thus, development carried out...
Proceedings Article
The Juvenile Criminal Justice System’s Post-Ten-Year Evaluation: Diversion Analysis and Restorative Justice Approach
Natalie Gistrian, Mohammad Jamin, Hartiwiningsih Hartiwiningsih
The construction of the Juvenile Criminal Justice System was mandated by Law Number 11 of 2012, which replaced Law Number 3 of 1997, which regulated Juvenile Courts. The utilization of diversion, a mechanism for resolving child-related conflicts that occurs outside of the formal legal framework, is a...
Proceedings Article
Restorative Justice Implementation in Cases of Assault: Exploring Kefamenanu Traditional Law Connections
Novi Rizka Permatasari, Hartiwiningsih Hartiwiningsih, Pujiyono Suwadi
The occurrence of abuse, which occurred between Kornelis Tade and Okto Malaipada at the Kefamenanu Bus Terminal on December 29, 2023, brings attention to the state of law enforcement in Indonesia. The difficulty comes in guaranteeing that the Indonesian legal system can fairly and effectively handle...
Proceedings Article
Enhancing Legal Certainty: Empowering Indonesian National Police Officers with Comprehensive Legal Aid
Perwira Putra Bangsawan, Hartiwiningsih Hartiwiningsih, Bambang Santoso
The fundamental basis for justice and equity within a nation is the adherence to the rule of law, as established in Indonesia's 1945 Constitution, which ensures the legal acknowledgment, safeguarding, and equitable treatment of all individuals. An effective law enforcement system, which includes...
Proceedings Article
Analysis of the Escalation of Village Fund Corruption Criminal Actions due to Online Gambling
Puguh Raditya Aditama, Hartiwiningsih Hartiwiningsih, Ismunarno Ismunarno
Corruption is a grave issue that weakens nearly every part of life in Indonesia and globally. The Eradication of Corruption Crimes Act, enacted in 1999 and amended in 2001, known as UU Tipikor, governs several types and classifications of corruption, including the misappropriation of village money. This...
Proceedings Article
Application of the Dominus Litis Principle by the Prosecutor’s Office Through Restorative Justice at the Investigation Stage of General Criminal Cases
Barransyah Hendri Oktiawan Ramsi, Hartiwiningsih Hartiwiningsih, Ismunarno Ismunarno
The principle of “dominus litis” in Indonesia grants prosecutors the ultimate authority to decide on prosecution, rooted in the concept of “ius curia novit.” This principle, embedded in the Criminal Procedure Code (KUHAP), allows prosecutors to discontinue cases under specific conditions. However, the...
Proceedings Article
Unveiling Restorative Justice Regulation in A Traffic Accident Crime Based on Pancasila Justice
Eva Yuliana, Hartiwiningsih Hartiwiningsih, I Gusti Ayu Ketut Rachmi Handayani
If the parties involved reach a peace agreement, the Traffic and Road Transport Law permits the resolution of criminal acts and traffic accidents through non-judicial means. Nevertheless, this approach does not halt the criminal procedure in court. This research aims to determine the National Police’s...
Proceedings Article
Regulation on Human Rights Protection of Illegal Indonesian Migrant Workers
Ihsan Dzuhur Hidayat, I Gusti Ayu Ketut Rachmi Handayani
In recent decades, there has been a substantial increase in the emigration of Indonesian migrant workers to foreign countries. This surge is closely correlated with the rise in the number of Indonesian migrant workers who depart without proper authorization. This study uses doctrinal legal research or...
Proceedings Article
Judicial Review of Constitutional Court Decisions (An Idea for Future Procedural Review System)
Puguh Apriyanto, Lego Karjoko
The Constitutional Court is one of the authorities responsible for examining laws against the 1945 Constitution of the Republic of Indonesia. The implementation of the duties and authority of the Constitutional Court in conducting material and procedural review of laws against the 1945’s Republic of...
Proceedings Article
Legal Relations Realizes the Value of Justice in the Form of Legal Protection for Workers
Riza Setyo Nugraha, Pujiyono Suwadi
The research aims to answer normative issues of legal protection for workers and legal relations to realize the value of justice as legal protection for workers. Labor issues are industrial relations including disputes regarding rights, interests, layoffs or between trade unions or trade unions within...
Proceedings Article
Multi-Political Parties Simplification Through Political Party Verification in Indonesia
Saiful Anwar, I Gusti Ayu Ketut Rachmi Handayani, Arief Hidayat, Janedjri M. Gaffar
Although guaranteed in the constitution, the multi-party system implemented in Indonesia has several weaknesses, primarily related to the many choices of parties (multi-party) offered to the Indonesian people. With so many choices of political parties, the people are confused as to which political party...
Proceedings Article
Evaluation Of Public Policy Using Harsh Language In The Case Of Rocky Gerung From The Perspective Of Indonesian Legal Culture And Freedom Of Speech (Case Study Of Decision Number: 712/Pdt.G/2023/PN.Jkt.Sel)
Rezadipta Mahendra Cakra Bhakti, Bambang Santoso
Assessment of policy becomes an important component to ensure that the policy is effective, efficient, and equitable. However, if someone evaluates the policy using unethical words, can that assessment be accepted? This is similar to the case of Rocky Gerung, who evaluated the policy issued by Indonesia's...
Proceedings Article
Legal Liability Of The Provider Of A Digital Platform Based On User Generated Content For Copyright Infringement
Mochamad Arafah, I Gusti Ayu Ketut Rachmi Handayani
The problem that occurs in social media practices is that there are many copyright violations committed by platform users, especially content creators. When a copyright violation occurs by a content creator, of course the person who is harmed is the owner/copyright holder of a work that is misused by...
Proceedings Article
The importance of a Monitoring System in Optimizing the Utilization Asset of Village Land of Treasuary in minimizing conflicts in the community to Realizing Village Development
Muhammad Alvian Hakim, Agus Riwanto
Referring to Law Number 6 of 2014 about Villages. As the lowest level of government in Indonesia, the village plays a crucial role in initiating the improvement of the welfare and quality of life for its residents through village development. Every village possesses village assets, which serve as the...
Proceedings Article
Judicial Activism in the Practice of Law Examination on Parliamentary Threshold in the Constitutional Court
Siska Yosephin Sirait, Hartiwiningsih Hartiwiningsih, Arief Hidayat
One of the Court’s authorities is to assess the constitutionality of laws against the Constitution. When adjudicating a judicial review case, the Court tends to prioritize substantive justice over procedural justice, which still relies on conventional methods. In the process of law enforcement and achieving...
Proceedings Article
Streamlining State-Owned Enterprise Subsidiary Dissolution: A Prosecutorial Efficiency Approach
Thoriq Mulahela, Lego Karjoko, Hartiwiningsih Hartiwiningsih
Efforts to enhance efficiency and consolidate state-owned enterprises (SOEs) implemented by the government in the post-pandemic economic recovery are hindered by the difficulty in the mechanism for dissolving unhealthy subsidiaries of SOEs. The dissolution mechanism through the General Meeting of Shareholders...
Proceedings Article
Legal Protection of MSMEs in the Digitalisation Era According to the Minister of Trade Regulation No. 31 of 2023
Uly Alfinda Salsabila, Hernawan Hadi
This study discussed the regulatory policy implemented through the tiktokshop application, which was previously temporarily deactivated due to a conflict between MSME players and business actors in the marketplace. Previously, this feature in tiktokshop had been running for quite some time, but due to...
Proceedings Article
Ambiguity Status of Government Employees with Employment Agreements (PPPK) as Civil Servant
Rd Muhamad Billy Almalik, I Gusti Ayu Ketut Rachmi Handayani
This research discusses Government Employees with Employment Agreements as ASN in practice encountering several obstacles including the absence of career development, and certainty of extension of employment contracts. The research was conducted using normative legal studies, and presented descriptively....
Proceedings Article
The Impact of Demographic Factors and The Policy of Biomass Co-Firing as a New Kind of Renewable Energy on Spatial Planning in Indonesia
Cindy Yosiana, I Gusti Ayu Ketut Rachmi Handayani, Mohd Rizal Palil
Renewable energy plays an integral part in addressing climate and environmental challenges by decreasing reliance on traditional energy sources and fossil fuels. The government continues to promote the use of renewable energy. A practical method involves augmenting biomass waste as a fuel blend in Steam...
Proceedings Article
Pancasila Legal Paradigm to Realize Substantive Justice in the Law Formation and Enforcement Reform
Yunita Imelda, I Gusti Ayu Ketut Rachmi Handayani, Lego Karjoko
The legislative process and law enforcement are two interrelated things. If the laws and regulations produced in the legislative process do not produce substantive justice, then law enforcement will not be able to produce substantive justice. It cannot be denied that still many legislative regulations...
Proceedings Article
Law Enforcement Strategies Against Money Laundering Through Cryptocurrency: Comparative Studies in Several Countries
Muhammad Rustamaji, Faisal Faisal
Money laundering through cryptocurrencies has become a significant global challenge for law enforcement, given the anonymous and decentralized nature of blockchain technology. Countries have adopted different approaches to combating these crimes, focusing on regulation, investigation, and prosecution....
Proceedings Article
The Role of Social Media on Judges’ Decisions in a Prophetic Legal Perspective
Fitri Muthia Zulfa, Mohammad Jamin
Social media is a tool for sharing ideas, where users can publish textual content, videos, or photos. Therefore, social media has the power to shape the point of view of its users. Social media is an online platform that allows people to interact with each other without being limited by time or place....
Proceedings Article
The Influence Of The Constitutional Court’s Role As A Guardian Of Democracy Against Dynastic Politics
Achmad Nur Ivandi Zakariyah, Adriana Grahani Firdausy
The the nearness of the Protected Court (Mahkamah Konstitusi) could be a step towards dodging a majority rule government emergency. However, there is the phenomenon of dynasty politics that poses a threat to the sustainability of democracy, as one family or several families dominate the political stage....
Proceedings Article
Reformulating the Legal Policy for Online Prostitutes based on Electronic Information and Transactions Law viewed from Legal Certainty
Vonny Rosali Nicolas, Andina Elok Puri Maharani
Online prostitution is a sexual practice in which a woman engages in sexual activity for payment with her client and makes transactions through an electronic platform, where the client gives the amount of money for the sexual interaction. The crime of online prostitution generally happens in every part...
Proceedings Article
Legal Protection for Whistleblower in Law Enforcement in Indonesia
Grenata Petra Claudia, I Gusti Ayu Ketut Rachmi Handayani, Hartiwiningsih Hartiwiningsih, Janedjri M. Gafar
Indonesia’s development program is founded on community involvement, which fosters accountability to uphold and function as a check and balance system in a democratic nation that is governed by the rule of law. Subsequently, it is imperative that all Indonesians comprehend their liability as an obligation...
Proceedings Article
Dynamics of Judicial Review in State Administrative Disputes in Indonesia
Lia Nur Jannah, Hartiwiningsih Hartiwiningsih
This research aims to analyze legal issues related to the dynamics of the authority of the State Administrative Body or Official in filing a judicial review, especially in state administrative disputes after the Constitutional Court Decision Number 24/PUU-XXII/2024. An examination of the authority dynamics...
Proceedings Article
The Requirements of the Statesman Principle Of The Honorary Council of the Constitutional Court as the Guardian Of Ethics
Dika Yudanto, Sunny Ummul Firdaus, Isharyanto Isharyanto
The principle of statesmanship is an important foundation for every individual who serves as a member of the Honorary Council of the Constitutional Court to uphold the code of ethics in handling ethical violations by Constitutional Court Judges, as stipulated in Constitutional Court Regulation Number...
Proceedings Article
The Legal and System Security Hurdles in Implementing Electronic-Based Government System at the Department Population and Civil Registration in Indonesia
Diky Pratama Putra, Pujiyono Suwadi
The adoption of the Electronic-Based Government System (SPBE) at the Department of Population and Civil Registration (Disdukcapil) seeks to improve the efficiency, transparency, and accountability of public services, therefore transforming good governance. The key topics analyzed include legal conformity,...
Proceedings Article
Legal Protection Construction For Wives As Victims Of Bullying In Domestic Violence Crimes
Suparmi Suparmi, Hartiwiningsih Hartiwiningsih, Arief Suryono
This article discusses the legal issues of domestic violence, specifically focusing on the inadequacy of Law No. 23 Year 2004 in providing comprehensive legal protection for wives who are victims of domestic violence. The purpose of writing this article is to analyze criminal policy formulation to ensure...
Proceedings Article
Constitutional Court as an Actor That Maintains Check and Balance System Through the Judicial Review Process in Indonesia
Tyara Devy Purnamasari, Jadmiko Anom Husodo
The Check and Balances System is one of the objectives of establishing the executive, legislative, and judicial branches, each with their own functions without overlapping powers. The Constitutional Court serves as one of the institutions that functions as a negative legislator or norm canceller in judicial...
Proceedings Article
Indonesia’s Pancasila Economy: The Significance of Law in Sustainable Development
Yenni Dyah Retnoningsih, Mohammad Jamin
In an effort to achieve legal certainty, usefulness, and fairness, law plays a role in completing the frameworks of the ongoing legal order in a structured, systematic, stable, and predictable manner. Development cannot be carried out without compliance with the law; this is necessary to maintain legal...
Proceedings Article
The Politics of Naturalization Law for Indonesian Diaspora of Excellence
Abdul Mun’im Wasi’, Lego Karjoko
Globalization represents a necessity for the development of world society, extending beyond the mere movement of people from one country to another. It also results in the dissemination of scientific knowledge, which in turn affects the laws of a country. The latter are certainly related to how the state...
Proceedings Article
Management of Capture Fisheries Based on the Ocean Justice Principles
Yasser Arafat, I Gusti Ayu Ketut Rachmi Handayani, Lego Karjoko
This research aims to analyze the measured fishing policy and management of capture fisheries in Indonesia. It is based on the principles of ocean justice, given the challenges faced by the fisheries sector due to population growth and increasing demand for fisheries products. Using a normative juridical...
Proceedings Article
Analysis of Breach of Contract Dispute Resolution Through Litigation and Non-Litigation Pathways
I Wayan Wahyu Wira Udytama, Ni Nyoman Manik Gita Asrita, Agus Adi Setyawan, Agung Diva Widya Noviyana, Komang Sugiantari, Abdul Kadir Jaelani
An agreement is a meeting of the parties’ desires and is then an expression of the parties’ desires. However, if there is a deviation from the principle of good faith in the contract, an action called default arises. Default means the failure to fulfill or negligence as written in an agreement and carried...
Proceedings Article
The Regulation of Renewable Energy in Indonesia Creating Green Investment for Tourism Industry
Lis Julianti, Abdul Kadir Jaelani
This study aims to determine the legal policy related to new and renewable energy (EBT) to support sustainable development and create green investment, especially in the tourism sector. The current phenomenon shows that tourism activities are activities that produce significant greenhouse gases, resulting...
Proceedings Article
Factors Causing Cybercrimes Committed by Foreigners in Bali Viewed from a Criminological Perspective
Putu Sekarwangi Saraswati, Abdul Kadir Jaelani
One of the negative impacts of tourism development in Bali triggers the development of criminal acts committed by foreigners. The purpose of this study is to find out (1) the factors causing the occurrence of cybercrimes committed by foreigners in Bali and (2) efforts to overcome cybercrimes committed...
Proceedings Article
Reinforcement of Local Wisdom Law in The Protection Of Bali Cultural Tourism
Putu Lantika Oka Permadhi, Ketut Sukawati Lanang P. Perbawa, I Wayan Eka Artajaya, Yogi Yasa Wedha, Abdul Kadir Jaelani
Tourism is often considered a factor that can damage culture, where parties who oppose the existence of culture-based tourism assume that the arrival of tourists or visitors to a place can cause damage to nature and the authenticity of a cultural product. With this background, the problem studied is...
Proceedings Article
Global Code of Ethic for Tourism: The Challenges for Indonesian Tourism Workers in the Future
I Wayan Gde Wiryawan, Abdul Kadir Jaelani
The rapid growth of the tourism industry impacts labor absorption, including foreign workers (TKA). However, the presence of TKA has the potential to displace local workers. For this reason, it is necessary to examine how global bias in protecting the rights of local labor takes the form of labor law...
Proceedings Article
Legal Regulations on Personal Data Breaches in the Use of Social Media
Ni Komang Sutrisni, Abdul Kadir Jaelani
In the 5.0 industrial revolution era, there are very efficient and effective changes or transformations in the digital market regarding technology and information. However, this can cause problems regarding personal data protection, especially in the use of social media. Therefore, there is a need for...
Proceedings Article
The Influence of Social Media on Legal Changes in Society: A Perspective
Anak Agung Putu Wiwik Sugiantari, Abdul Kadir Jaelani
Social media is currently the most influential medium, impacting legal changes in society. For that reason, it is necessary to study the form and influence of social media on legal changes in society. This research aims to produce a model of the relationship between social media influence and legal changes....
Proceedings Article
The Position of Constitutional Court Regulations in the Hierarchy of Legislative Regulations
Muhammad Ramlan Aminuddin, Hartiwiningsih Hartiwiningsih, I Gusti Ayu Ketut Rachmi Handayani, Janedjri M. Gaffar
Amendments to the 1945 Constitution strengthen Indonesia's position as a state of the rule law, with the Constitutional Court as the new institution exercising judicial control. The Constitutional Court has the authority to review laws and decide disputes over the authority of state institutions...
Proceedings Article
The Validity of the Policy on the Term of Building Use Rights in the Capital City of Nusantara
Laila Rahmawati Maghfurin, Lego Karjoko, Abdul Kadir Jaelani
Indonesia, as an agrarian country, places great importance on land as a crucial resource for national development and social unity. However, the recent implementation of Government Regulation Number 12 of 2023 regarding building use rights (HGB) in the capital city of Nusantara has sparked debates. This...
Proceedings Article
Fair Legal Protection for Actual Land Owners Against Land Grabbing Disputes
Lucky Putri Selomitha, Lego Karjoko, Abdul Kadir Jaelani
Land grabbing is an illegal act and has serious impacts on the rightful owner. The purpose of this study is to analyze the regulation of land grabbing as regulated in the legislation and to analyze efforts to resolve land grabbing disputes that realize fair legal protection for the actual landowner....