Proceedings of the International Conference on Law Studies (INCOLS 2022)

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24 articles
Proceedings Article

Peer-Review Statements

Aurora Jillena Meliala, Davilla Prawidya Azaria, Jennifer Lydia, Adibæv Açet Maratovich, Collie Brown, Christopher Cason
All of the articles in this proceedings volume have been presented at the International Conference on Law Studies during 22–23 April 2022 at Pembangunan Nasional Veteran Jakarta University. These articles have been peer reviewed by the members of the International Conference on Law Studies reviewer committee...
Proceedings Article

Implementation of the Announcement of the Identity of Sexual Violence Against Children

Beniharmoni Harefa, Feren Nabilla, Supardi
According to data from the Online Information System for the Protection of Women and Minors for the 2020 timeframe, there were 5,640 reported cases of sexual abuse of children. The government has set out Government Regulation Number 70 of 2020 for the implementation of increased criminal sanctions for...
Proceedings Article

Corporate Responsibility Issues as a Criminal Act of Taxation in Indonesia

Budi Suhariyanto, Slamet Tri Wahyudi
The Law on General Provisions and Tax Procedures (Undang-Undang tentang Ketentuan Umum Dan Tata Cara Perpajakan or “KUP Law”) does not explicitly regulate corporations as legal subjects or the types of offenses, sanctions, and criminal liability. As a result, a polemic of interpretation arises in the...
Proceedings Article

Juridical Overview of Online Loan Transactions (Fintech) Judging from Law Number 11 of 2008 About Information and Electronic Transactions

Satino, Yuliana Yuli Wahyuningsih, Citraresmi Widoresmi Putri
Online loans are credit problems, but online loans have two conflicting interests, on the one hand the creditor demands payment of the debt along with interest and fines. On the other hand, the debtor feels disadvantaged due to the actions of the creditor who misuses the debtor’s personal data to carry...
Proceedings Article

The Existence of Financial Services Authority in Protecting Personal Data Users of Peer-to-Peer Lending Financial Technology

Dwi Aryanti Ramadhani, Muthia Sakti, Yuliana Yuli Wahyuningsih, Nabila Amelia Putri
Users of peer-to-peer lending services can easily apply for loans without a down payment and with full disclosure of their personal information. These types of conveniences in the technologically oriented financial services sector are growing and support Financial Services Authority regulation. The ease...
Proceedings Article

Legal Transplant of Modern Banking Concepts in the Culture of Mutual Cooperation Communities in Micro, Small and Medium Enterprises: The Idea of Partnership of Cooperative and Bank/Non-bank Financial Institutions as Micro Finance Institutions

Iwan Erar Joesoef, Yuliana Yuli Wahyuningsih, Sulastri, Satino
This study aims to give a solution for a government that has established a Micro Financial Institution (MFI). In development, the purpose of this MFI is to fund micro-scale businesses for which Micro, Small and Medium Enterprises (MSMEs) do not work at their maximum. This thing caused development in...
Proceedings Article

Protection of the Right to Adequate Residence for Residents Affected by Eviction Based on Human Rights Perspective

Ridha Wahyuni
Evictions are still one of the methods used by the local government in the context of land acquisition for development. In particular, the eviction of the residences of residents who do not have land ownership rights documents. The right to residence is one of the human rights that must be protected...
Proceedings Article

Slavery in the Modern Era is Evidence of a Low Sense of Humanity and Incompetence in Law Enforcement

Pawit Fadila Rika Farisa
Slavery is an evil practice that violates people’s rights. Human rights should be protected to the highest degree in our day and age, and people generally have high moral standards. Ironically, though, slavery is still widely practiced in modern times, long after it ought to be prohibited by morality....
Proceedings Article

Force Majeure Analysis of Sand Procurement Agreements in the COVID 19 Pandemic

Valdi Ryan Akhdan, Suherman
The COVID-19 pandemic has been around for so long. As it is now, the COVID-19 pandemic has had such a huge impact on society. Starting from the declining income of many people caused by not being allowed to leave the house, making it difficult for people to work, as well as the COVID-19 causing companies...
Proceedings Article

Psychological Study on the Sexual Needs of Prisoners

Desy Maryani, Zico Junius Fernando, M. Yusuf Akbar
So far, correctional institutions have only focused on fulfilling personality and skill development. At the same time, there is no sexual need for prisoners, even though every prisoner has the right to fulfill their sexual needs. Problems will arise in humans when the libido increases and sexual desire...
Proceedings Article

Legal Protection for Emergency Call Parties Related to Unfulfilled Achievements in Fintech Transactions Based P2P Lending

Enina Wika Vetricha Wulandari, Silvia Anita Azmi
Currently, technology is developing rapidly with the latest innovations, one of them in the field of financial services. With the advent of peer to peer lending-based financial technology in the form of online loan provider services using only smartphones, and the way of submission is quite easy. However,...
Proceedings Article

The Abolishment of Sexual Harassment in Higher Education for Green Dot for Colleges

Beni Kurnia Illahi, Annisa Salsabila, Ayu Anggraini
Based on direct complaints to the National Commission on Violence against Women from 2015 to 2020, the educational environment in Indonesia was not free from sexual harassment. This fact contradicted the right of everyone to be free from torture, which is normalized in Article 28G paragraph (2) of the...
Proceedings Article

Legal Protection of Trademarks of Goods and Services in Indonesia

Surahmad, Muhammad Helmi Fahrozi, Andriyanto Adhi Nugroho
The digital world makes many things easy, fast, and effective. Many activities can be developed with technology, one of which is business activities. Many innovative and creative works in business can be developed in the digital era. A brand is one aspect that can be developed so that those who become...
Proceedings Article

Law Enforcement Against Binary Option Trading Affiliators

Anis Rifai, Aurora Jillena Meliala
The development of the capital market cannot be separated from the needs and influence of investors. The capital market itself is based on three factors, namely income, liquidity, and investment security. Capital market regulators and stakeholders of the capital market industry must work together to...
Proceedings Article

Analysis About Position and Distribution of Assets in Family That Do Not Have Children According to Nias Customary Law

(Study in Banuagea Village, Tuhemberua District, North Nias Regency)

Rismawati Gea, Siti Chadijah
Customary inheritance law is related to customary rules and instructions in the process of passing on and distributing inheritance from generation to generation, so it is closely related to inheritance issues. In the distribution of an inheritance, there are three basic elements: the existence of an...
Proceedings Article

Gender Equality in Patriarchic Culture

Eliska Vioni, Irene Liansah
Gender equality has always been an issue that is demanded in various parts of the country. The patriarchy that has long been a part of our culture makes the fact of gender equality increasingly difficult to realize. The dividing line between the roles of men and women has long been imprinted in the culture...
Proceedings Article

Women Equality in Human Rights Regulations in Indonesia

Beta Dwi Lestari, Chairunnisa Yumna Risti
The concept of equality is a fascinating one to talk about because it acknowledges the presence of justice, rights, and equal opportunity for women and men. Women are beginning to equalize with men in modern society. However, there are still people who misjudge women’s potential and even attack them...
Proceedings Article

The Legal Protection of Big Impact Domestic Violence for Women

Tirsa Putri Indira, Riefda Nardi Maharani
Domestic violence is described as the abusive behavior of one household partner toward another by employing force; although it can also happen to males, most victims of domestic violence are women. Domestic abuse can take many different forms, including sexual, emotional, economic, psychological, or...
Proceedings Article

Questioning the Sentencing Aspects of the Environmental Cluster in the Employment Law on the Direction of Sustainable Development

Rizki Zakariya
The promulgation of Law Number 11 of 2020 concerning Job Creation has caused various problems, especially related to criminal acts in environmental clusters. This has implications for the potential for not achieving sustainable development as proclaimed in Presidential Regulation Number 59 of 2017. The...
Proceedings Article

Compability of Regional Comprehensive Economic Partnership (RCEP) Agreement on Trade in Services (GATS) and the Impact of Special Safeguard Measures (SSM) on the Balance of Trade in Service Liberalization in Indonesia

Muhammad Reza Syariffudin Zaki, Muhammad Yaasir Syauqii Pohan, Neisya Aulia, Duta Imanuel Sitorus
On November 15, 2020, the RCEP was signed by the Ministers of Economy and Trade of the 15 RCEP member countries and witnessed by each Head of State and Government. The fifteen RCEP member countries are 10 ASEAN member countries (Indonesia, Malaysia, Singapore, Philippines, Thailand, Vietnam, Myanmar,...
Proceedings Article

The History of Indonesian Economic Law

“Paving the Way of Economic Democracy”

Aurora Jillena Meliala, Jonathan Andre Woods
This article explores a series of transformations in the Indonesian economic and legal environment. The study opens with an explanation of the state of the legal and economic order in the world. It then presents the narrative of the ever-warring ideologies that exist in the international community. The...
Proceedings Article

Utilization of Forensic Evidence in the Criminal Justice System

Handar Subhandi Bakhtiar
Changes in civilization and technological developments trigger criminal acts that have increasingly complex characteristics and are difficult to solve. Forensic evidence is one of the evidence that can be used to assist law enforcement officers in carrying out their duties, especially in the criminal...
Proceedings Article

Controversy on Legal Regulation and Public Interest in the National Health Insurance Program: Legal Assurance Perspective

Handar Subhandi Bakhtiar, Aqris Syaid
Public service is an obligation owned by the government and the public has the right to use all public services to support their lives. However, with the issuance of Presidential Instruction No. 1 of 2022 has brought difficulties to the public. This study examines the regulatory and public interest controversies...
Proceedings Article

College Student Participation to Prevent Black Campaign from Creating Dignified Simultaneous Elections in Indonesia

Rizky P. P. Karo Karo, Graceyana Jennifer, Dwi Putra Nugraha, Carissa Christybella Wijaya
College Scholars are the coming generation of the nation. The golden generation that will replace the struggle of Indonesia’s founding fathers. College Scholars who are 17 times of age or aged or have been married have the right to bounce in the general election. In 2024, contemporaneous choices will...