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| 31 |
International Law |
ABS-116 |
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The Challenges for GIG Workers: New Regulation for New Business Transition
Nelly Ulfah AR, Liza Evita, Evie Rachmawati, Dodik P. Wijaya
Faculty of Law, YARSI University
Abstract
Nowadays, the economic sector has significantly transformed. This transformation has made by technology transition that makes people^s life completely in a new era. Particularly in employment sector because technology as an enabler of the Gig Economy. This research project will explore new business transition that has impact to workers and will address the main question about the challenges for gig workers in regulation perspective. Finding the regulation is crucially needed for protecting their basic right as an employment. This study will use legal research methodology is built to explore and to address the relevant information, analyzes, interpret, and applies them to resolving issues.
Keywords: Gig Workers, Business Transition, Internasional Law
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| Corresponding Author (Nelly Ulfah Anisariza)
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| 32 |
International Law |
ABS-119 |
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Methodology of law Research
I KOMANG BERLIN HENDRAWAN
Faculty of law, Universitas Warmadewa
Abstract
Legal research is a systematic process that aims to cover legal concepts, principles and issues, contributing to the development and understanding of the legal system. This abstract provides an overview of the methodologies commonly used in legal research, the expertise of the components and their important considerations. Legal research spans a variety of designs, including qualitative, quantitative, and mixed methods approaches. Conducting a comprehensive literature review is a fundamental step in legal research. Legal research uses a variety of data collection methods, depending on the research design and objectives. Primary data collection techniques include interviews, surveys, observations, and case studies. In conclusion, legal research methodology involves careful planning, systematic data collection, rigorous analysis, and legal interpretation. Researchers use a variety of methods to investigate legal phenomena and contribute to the understanding and development of legal systems.
Keywords: Methodology,law,Research
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| Corresponding Author (I KOMANG BERLIN HENDRAWAN HEBDRAWAN)
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| 36 |
International Law |
ABS-131 |
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Utilization of Information Technology in Accelerating Agrarian Conflict Resolution through the Application of the Land-Use Conflict Identification Model Strategy (LUCIS)
Anita Kamilah and Yuyun Yulianah
Faculty of Law, University Suryakancana
Abstract
Inequality in access, ownership and utilization of land is one of the causes of agrarian conflicts, both conflicts that are agrarian horizontal as well as vertical conflicts followed by repressive actions and violence, thus impacting economically, socially, culturally, including the environment. Given the magnitude of the impact arising from the agrarian conflict, through the support of technological developments andInformation (IT) The government is highly committed to accelerating the resolution of agrarian conflicts by using modelsLand-Use Conflict Identification Strategy (LUCIS). The aim of the research is to examine: first, the factors that cause agrarian disputes and conflicts through a thinking modelLand-Use Conflict Identification Strategy (LUCIS). Second, Utilization of Information Technology in solving and preventing systemic conflicts through modelsLand Use Conflict Identification Strategy (LUCIS)- and third, prevention of agrarian disputes and conflicts in realizing just agrarian reform. The approach method is normative juridical by examining legal principles, especially the provisions of laws and regulations that have links with research objects, descriptive analysis research specifications, data sources derived from secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials , and data analysis was carried out qualitatively. Research result - (1) Factors causing agrarian conflicts, the not yet optimal one map policy between ministries- (2) The use of information technology has a major role in resolving agrarian conflicts throughLand Use Conflict Identification Strategy (LUCIS) as a model that combines spatial planning with land use stewardship knowledge- and (3) Agrarian reform has not guaranteed legal certainty and justice so that agrarian conflicts cannot be resolved properly.
Keywords: Land, Conflict, Lucis, Reformagrarian, Justice.
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| Corresponding Author (anita kamilah kamilah)
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| 37 |
International Law |
ABS-136 |
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SAVING INDONESIA^S FORESTS THROUGH THE VICARIOUS LIABILITY DOCTRINE AGAINST THE CORPORATE CRIMES OF ILLEGAL LOGGING
Kuswandi, Eri Ramanda Ikmayadi
Faculty of Law, Suryakancana University
Abstract
As the world^s lungs, forests have provided foreign exchange to the country^s second-largest income after the non-oil and gas sector. For this reason, it needs more efforts to protect and save forests with all their potential. Government policy restricting, controlling, and regulating the issue are the Law No. 18 of 2013. The enforcement of the law aims to prevent and eradicate forest destruction. The existence of the phenomenon of corporate crimes requires further study to investigate the corporate efforts to account for crimes. For this reason, it needs clear regulations concerning the liability of illegal logging corporate crimes in Indonesia, enforcement aspects of the theory of vicarious liability in illegal logging corporate crimes, and the impact of using vicarious liability in illegal logging corporate crimes. In this study, the problem approach used was a normative juridical approach based on legal principles in the library or secondary data. The results indicate that corporations can be criminally responsible for illegal logging crimes. Several theories, such as vicarious liability and strict liability theories are applied to hold corporate accountability and imposition criminal sanctions on the crimes.
Keywords: Illegal Logging, Corporations, Vicarious Liability. Strict liability
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| Corresponding Author (KUSWANDI KUSWANDI)
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| 38 |
International Law |
ABS-141 |
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Legal Problems Concerning on Transfer of The Central State Civil Apparatus (ASN) to The National Archipelago Capital Region (IKN)
Rosmini, Ine Ventyrina, Agustina Wati, Safarni Husain, Syifa Nuraini
University of Mulawarman, Samarinda, University of Mulawarman, Samarinda, University of Mulawarman, University of Mulawarman
Abstract
ASN employees consist of Civil Servants (PNS) and Contract Government Employees (PPPK). The role of Central State Civil Apparatus (ASN) as enforcers of public order, as civil servants, and as a liaison and unifier of the nation is contained in Law Number 5 year 2014 concerning the Central State Civil Apparatus (ASN). The government requires the Central State Civil Apparatus (ASN) to move to the National Archipelago Capital Region (IKN) in East Kalimantan. Currently, the government is gradually carrying out preparations and careful studies of the Central State Civil Apparatus (ASN) transfer process. In general, there are four assessment criterium for Central State Civil Apparatus (ASN). The plan is for State Civil Apparatus (ASN) to be transferred to IKN in 2024-2045 to reach 100,023 Central State Civil Apparatus (ASN). In detail, there are 956 state officials, 3,264 high leadership positions, and 95,803 functional positions.
Legal Policy related to the Transfer of ASN to the National Archipelago Capital Region (IKN Nusantara) Law number 3 year 2022 concerning the State Capital, and Law Number 5 year 2014 concerning Central State Civil Apparatus (ASN). Presidential Regulation Number 63 year 2022 regarding on Details of the Archipelago Capital City Master Plan, and Presidential Regulation Number 94 year 2021 concerning Discipline for Civil Servants, also Decree from the Ministry of Transferring ASN (still in the discussion stage). Disciplinary punishment for civil servants is carried out by authorized officials. Officials authorized to punish are officials authorized to impose disciplinary punishment as regulated in Article 7 of Government Regulation Number 53 year 2010.
Keywords: ASN employees, the National Archipelago Capital Region (IKN) in East Kalimantan, Law number 3 year 2022
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| Corresponding Author (Rosmini Rosmini)
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| 39 |
International Law |
ABS-146 |
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JURIDICAL REVIEW OF CITIZENSHIP PROBLEMS FROM THE PERSPECTIVE OF PRIVATE INTERNATIONAL LAW
Anak Agung Sagung Laksmi Dewi, I Gusti Agung Ayu Gita Pritayanti Dinar, I Kadek Wahyu Dwipayana
Universitas Warmadewa
Abstract
The objective of this study is to examine the problems of citizenship from the perspective of private international law with the aim that later the findings can be of benefit to business actors, legal practitioners and students. The concept is very urgent to be scientifically researched and analyzed bearing in mind that there are various problems of citizenship that cause problems of dual citizenship, business disputes and mixed marriages. Implementation of Republic of Indonesia Government Regulation No. 21 of 2022 concerning the Amendments to Government Regulation of the Republic of Indonesia No. 2 of 2007 concerning Procedures for the Acquisition, Deprivation, Cancellation and Reacquisition of the Citizenship of the Republic of Indonesia has not been fully understandable due to the lack of outreach from competent parties to the public. Issues raised in this research are: (i) what are the problems of citizenship in Indonesia? (ii) How are the issues of citizenship resolved from an private international law perspective? The research uses the normative legal research method to reveal justice and legal certainty regarding the problems of citizenship in Indonesia. The kind of data used is secondary data, data originating from library research or data collected not directly from the first source but from data that have been documented in the form of legal materials. Once collected, the data were analyzed using descriptive and argumentative techniques. With this research, the problems of citizenship in Indonesia and their solutions from the perspective of private international law are revealed.
Keywords: problem of citizenship, private international law
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| Corresponding Author (Anak Agung Sagung Laksmi Dewi Laksmi Dewi)
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| 40 |
International Law |
ABS-151 |
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Consumer Protection Institutions Strengthening In The Digitalization Era
N.G.N. Renti Maharaini Kerti, Zulfikar Hidayat, Ralf Rafi Hamdi, Faqih Adhyaksa Kusuma
Faculty of Law, Universitas Trisakti, Jakarta
Abstract
Consumer protection laws have been in effect in Indonesia for 23 years, but consumer complaints seem to never end and even tend to increase. According to National Consumer Protection Agency (BPKN) complaint data, the three sectors with the most consumer complaints in the last five years have been financial services, e-commerce, and housing, as well as health services, transportation, telecommunications, food and beverage, cosmetics, and household gas electricity. Business transactions and dispute resolution are affected by information and technology improvements. Since the disruptive transaction system has transitioned from manual transaction patterns in traditional markets to digital transactions in online marketplaces, institutional strengthening of consumer protection is urgently needed. Strengthening consumer protection institutions is a genuine problem in the context of future consumer protection laws. Economic policy is measured not only by increasing output but also by increasing public consumption as a result of consumer confidence in the goods and/or services available on the market, which ultimately drives the rate of productivity growth to realize the welfare of Indonesian consumers. The importance of strengthening consumer protection institutions as a form of development and certainty of legal protection for consumers to realize consumer empowerment both individually and communally, as well as business actor compliance as an internal form of good corporate governance in consumer-centric change management governance.
Keywords: Consumer Protection Institutions, Strengthening Consumer Protection Institutions, Digitalization Era, Consumer Protection Law, Disruptive Innovation
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| Corresponding Author (Renti Maharaini Kerti)
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| 41 |
International Law |
ABS-153 |
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FRANCHISE DISPUTE RESOLUTION THROUGH INTERNATIONAL ARBITRATION
Ni Nyoman Muryatini, Anak Agung Sagung Laksmi Dewi , Kade Richa Mulyawati
Universitas Warmadewa
Abstract
Franchising appears a method of distribution of products and services that enables an independent entrepreneur (the franchisee) to acquire rights from a parent company (the franchisor who operates a network of outlets) to market products or services under its brand name and to adopt its business practices. The concept of resolution of franchise dispute is very urgent to be scientifically researched and analyzed considering that many business actors lack the knowledge of business dispute resolution through arbitration. Arbitration is regulated in the Law of the Republic of Indonesia Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. To date, the said law has not been reconstructed, although there are several provisions that are no longer relevant and no longer aligned with business developments in Indonesia. The issues studied in this research include: (i) How is the legal relationship between a franchisor and a franchisee and (ii) How are the disputes of franchise business resolved through international arbitration? The research uses the method of normative research. The type of the data used is secondary data - data that originate from library research, that is to say, data collected not directly from the first source but from data that have been documented in the form of legal materials. Once collected, these data were analyzed using descriptive and argumentative techniques. This research finally reveals the legal relationship between franchisors and franchisees and how franchise business disputes are resolved through international arbitration.
Keywords: franchise dispute, international arbitration
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| Corresponding Author (Ni Nyoman Muryatini)
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| 42 |
International Law |
ABS-154 |
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LEGAL TRANSFORMATION IN THE DIGITAL ERA: REGULATORY ADAPTATION AND INNOVATION
Bambang Sukamto, Raihan, Untoro
universitas islam jakarta
Abstract
Legal transformation moves dynamically in the era of the industrial revolution 4.0 (digital age) supported by today^s emerging technologies such as artificial intelligence (AI), the internet of things (IoT). Regulation and innovation in these fields focus on new challenges that arise with technological progress. The challenge in the use of artificial intelligence (AI) is about responsibility for its users. Problems will arise when errors or losses occur in artificial intelligent use. This research aims to analyze the concept of user liability for errors or losses in artificial intelligent use in legislation-especially the ITE Act. As a normative legal research, this study uses conceptual approaches and legislation-especially the ITE Act. The results of the research show that there is no norm in the ITE Act that regulates who is responsible and forms its responsibility for errors or losses in artificial intelligent use. So far regulation, innovation in legal transformation has not yet been able to consider the interests of society, safety, efficiency, consumer protection and justice. A good legal transformation must be able to balance technological advances with adequate protection for all parties involved in legal transformations in the digital age.
Keywords: transformation of law, regulation, innovation.
Keywords: transformation of law, regulation, innovation.
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| Corresponding Author (Bambang SH., MH.)
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| 43 |
International Law |
ABS-155 |
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VALIDITY OF ONLINE TRANSACTION AGREEMENTS IN THE DIGITAL ERA
Ahmad Munawir Siregar, Hamdan Azhar Siregar, Siti Miskiah, Nino Agung Perdana
Universitas Islam Jakarta
Abstract
A new phenomenon in the digital era where it is easy to access buying and selling transactions online. Buying and selling online, one of which can be accessed in applications such as shopee, tokopedia, gofood, and others. Various age groups are free to conduct online transactions, ranging from children to the elderly. Buying and selling agreements in online transactions are not spared from the provisions of Article 1320 of the Civil Code where there are 4 legal requirements in an agreement, namely the agreement of the parties, competence, a certain matter, and a lawful cause. What is interesting is the skill of the parties as one of the legal elements. In online transactions, this element of fatigue needs to be questioned because there are many cases of minors making purchases through online transactions. Even the online transactions of buying and selling alcohol and sharp weapons are carried out by children who are not yet adults. The problem in this research is how to implement buying and selling online in Indonesia? what are the juridical implications of buying alcohol and sharp weapons online by minors? The purpose of this study is to analyze the implementation of online buying and selling in Indonesia and the juridical implications of online purchases of alcohol and sharp weapons by minors. The results of the study revealed that minors can purchase any type of goods in the online shop. For example, there are several online shops selling alcohol and sharp weapons, so if there is no strict monitoring of a person^s skills in online transactions, it will lead to legal problems where minors can buy alcohol and sharp weapons freely. The juridical implication requires changes to related laws regarding the age limit for making purchases online and the rules regarding being required to include an ID card in all online purchases
Keywords: Online Transactions, Minors, Digital Era
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| Corresponding Author (Ahmad Munawir Siregar)
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| 44 |
International Law |
ABS-156 |
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Digital Proofing as a Legal Reform in the Court
Nur Aida, Muhani Jibi, Fatimah Mursyid
Universitas Islam Jakarta
Abstract
The Supreme Court^s vision in the 2010-2035 Court Update Blueprint is to create a modern judicial body based on integrated information technology. The application of Electronic Justice (E-Court) has helped to realize the vision of the Supreme Court of Indonesia to become a great Indonesian judicial body. For the world of justice, the position of electronic evidence tools is very important, because electronic information and/or electronic documents and / or printed results are legitimate evidence tools, which is an extension of the evidence in the Law of Events applicable in Indonesia.
Juridically, the proof law in Indonesia (in this case the event law) has not accommodated electronic documents as a means of evidence, while several new laws have regulated and recognized electronic evidence as a legitimate means of proof.
The research aims to analyze legal updates related to evidence tools in the trial process, types of normative research with philosophical and conceptual approaches. Source of the data are from primary legal materials secondary and third-tier legal material based on perspective normative, with qualitative analysis of jurisprudence based on interpretation, reasoning and legal argumentation. The research finds that reforms to some legal regulations are urgently needed to respond to the development of information technology and to resolve barriers to the application of electronic evidence tools, among other things concerning the regulation on proof which is originally closed to open. In addition, it also relates to the regulation of the means of evidence originally regulated in a limitative and sequential manner in one article, becoming regulated openly and separately in several separate articles, and only providing the limitations and requirements of such tools of evidence. Thus, the judge is no longer bound by the means of evidence already mentioned in the law only to examine and terminate a case.
Keywords: Proof Tool, Legal Reform and Justice
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| Corresponding Author (Nur Aida Zakaria)
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| 45 |
International Law |
ABS-160 |
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Criminal Liability For Unlawful Actions in The Utilization of Artificial Intelligence
Mimin Mintarsih, Farhana, Ratna Galuh Manika Trisista
Universitas Islam Jakarta
Abstract
The use of Artificial intelligence (AI) can improve quality and time efficiency in terms of completing various types of work. Indirectly AI can take over human actions and deeds. However, it is often misused and creates victims such as fraud and counterfeiting. This is a legal problem because it causes acts against the law in its use. Indonesia currently does not have specific legal arrangements related to AI, so there are no clear arrangements regarding legal settlement, including determining criminal responsibility. The aim of this paper is to analyze criminal responsibility for unlawful acts in the use of AI. The research method used is juridical-normative. AI regulations in Indonesia are currently based on the ITE Law that classified AI as an electronic system and agent. AI does not have the awareness to determine will in every action and deed, so AI cannot be categorized as a legal subject. Therefore, criminal responsibility in the use of AI in the event of an unlawful act is borne by the electronic system operators who are people, state administrators, business entities, or communities that provide, manage, and/or operate electronic systems, either individually or jointly for his own needs and/or the needs of other parties.
Keywords: artificial intelligence, criminal liability, unlawful acts.
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| Corresponding Author (Mimin Mintarsih)
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| 46 |
International Law |
ABS-162 |
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Copyright in the digital Era in the protection of intellectual property rights in Indonesia
Ritawati, Raihan, Otom Mustomi, Mudakkir Iskandar Syah
Universitas Islam Jakarta
Abstract
Article 1 of the Copyright Act No. 28 of 2014 defines copyright as the exclusive right of the creator which arises automatically on the basis of the declarative principle after a creation is realized in the real form without reducing the restriction in accordance with the provisions of the legislation. The current Copyright Act appears to create a challenge for the Information and Communications Technology (ICT) community or often referred to as Information Communication Technology or ICT, including related industries such as telecommunications, broadcasting and content providers. This is due to sometimes different interpretations by law enforcement authorities of the importance of the understanding of intellectual property rights (IPR) in ICT or ICT convergence activities and the existence of the doctrine of fair use (fair use) in Article 15 UUHC. The problem that arises at the moment is how the form of the creative work is transferred to the digital form (format). Sometimes this leads to different interpretations including copyright infringement. When the song or music that was previously obtained in the form of cassettes or CDs, then what is the status if it has been MP3 or MP5 format? Whether it is still possible to categorize the work of creation of songs or computer programs. the problem of HKI protection in the ICT industry in Indonesia becomes very significant. In addition, Indonesia^s commitment to the World Trade Organization (WTO), in particular the General Agreement on Trade in Services (GATS) and the general agreement on trade in intellectual property rights (TRIPs), will provide benefits in terms of legal certainty for foreign investors and attractiveness and incentives for investments in the ICT industry. The aim of this research is to find a solution to the problem of copyright in the digital age by advancing the protection of the exclusive rights of creators in the field of Information and Communications Technology with the presence of the doctrine of obligation. (fair use). In addition, it is also to seek legal solutions by analyzing the policy of the government against the regulations of applicable laws, without causing damage to the society and the occurrence of overlapping regulations. The research method used in this research is normative legal research. with the use of library materials as basic data that in the science of legal research is classified as secondary data. Thus, facing the conflict of Intellectual Property Rights in the ICT industry requires integrated legal protection between policy regulation and optimal law enforcement
Keywords: Copyright, ICT, Law Protection
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| Corresponding Author (Ritawati SH MH)
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| 47 |
International Law |
ABS-169 |
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Methodology of law research
ST. Ulfah
Faculty of Law Universitas Muslim Indonesia
Abstract
An Analysis of Environmental Law Regarding the Protection of Indigenous Peoples^ Rights in Natural Resource Management in Indonesia
Abstract
The purpose of this study is to examine environmental legislation in relation to the preservation of indigenous peoples^ rights in the context of natural resource management in Indonesia. In the context of expanding natural resource development and exploitation in Indonesia, indigenous populations frequently face threats to their rights in sustainable natural resource management. This study examines the existing legal framework in Indonesia, including key legislation and policies protecting the environment and indigenous groups, using a normative legal research technique and policy analysis. The primary goal is to determine the extent to which present environmental laws safeguard indigenous peoples^ rights in the context of natural resource management. The research also includes assessing how environmental legislation is used in reality, with a focus on specific examples where indigenous peoples^ rights are jeopardized or infringed in natural resource management. This research will provide an understanding of the gaps and obstacles in preserving indigenous peoples^ rights. The findings of this study are intended to contribute to a better understanding of the effectiveness of environmental legislation in protecting indigenous peoples^ rights in natural resource management in Indonesia. Furthermore, this research provides policy suggestions and legal procedures that are more inclusive and just, with the goal of improving the protection of indigenous peoples^ rights and promoting sustainable natural resource management. Subsequently this study adds to a better understanding of the function and importance of environmental legislation in preserving indigenous peoples^ rights in the context of natural resource management in Indonesia. It is believed that this study would stimulate policy changes and legal procedures that are more sensitive to and supportive of indigenous groups^ concerns, as well as contribute to Indonesia^s environmental sustainability.
Key word: protection, rights, and custom.
Keywords: Methodology, Law and Research
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| Corresponding Author (ST. Ulfah)
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| 48 |
International Law |
ABS-170 |
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Surveying the Study on Non-International Armed Conflicts: Scopus Indexed Database Bibliometric Analysis during 2019-2023
Arlina Permanasari1, Aji Wibowo2, Ali Rido,3 Ayub Christo Carens Patioran4, Indian Mikoyan Gurevich Bilal Dreskandar5
Faculty of Law, Universitas Trisakti
Abstract
It is a fact that in today^s digital era, several non-international armed conflicts (NIAC) or internal armed conflicts are still occurring in certain countries. This normative study examines the dominant issues studied by the authors in the last five years, especially from the perspective of international humanitarian law (IHL) legal instruments and Customary International Humanitarian Law. The dataset from the Scopus-indexed reputable journals from 2019-2023 was retrieved based on determined keywords. We performed a bibliometric analysis to find several clusters to be analyzed. This method is completed with preferred reporting items for systematic reviews and meta-analyses. The results show that the current studies relating to NIAC are the exploration on the IHL basis such as the non-state armed groups and the types of crimes committed- the conflict resolution and the humanitarian access- the impact of NIAC on the vulnerable groups of the population, the protection of the natural environment and cultural heritage- the involvement of criminal organization or drug cartels capabilities of the parties and the human rights perspective. The main findings describe that these studies are interconnected to each other and give a positive impact on improving IHL regulations on NIAC.
Keywords: Internal armed conflict- International Humanitarian Law- IHL- Non-International Armed Conflict (NIAC).
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| Corresponding Author (Arlina Permanasari)
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| 49 |
International Law |
ABS-175 |
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LEGAL PRINCIPLES IN LEGAL SYSTEM
I Dewa Gede Atmadja, Ketut Adi Wirwan
FACULTY OF LAW, WARMADEWA UNIVERSITY
Abstract
This article is about to reveal regarding principle of law on a legal system. Law principles sense the broad reason, which lies as the based on the rules govern. Refer to this law principle is an abstract as analysis on the philosophy of law, way this research is based on Jurisprudence. The other hand legal system is three component as one as could be operated. The three components are ideal, consist of (i) principle, norm, institution, and process- (ii) operational is an organizations of bureaucracies law enforcement- (iii) real component, is behaviour of community based on cultural background. Legal issues are, first about basic philosophy and theoretical law principle on legal system- second, how the law principle^s function on making rules and the influences on court justice of judge decisions. Research Method is a normative legal research. The analyses with primer books, statute and cases approach- second books, on library studies, with snow ball approach, selected literature and the replevin^s journal. Research result, two items: (1) The basic legal philosophy and theoretical of the principle are normative jurisprudence- (2) the function principle on making law content of normative moment as a normative basic of the rules. Where the principle of the general of proper administration application by judges^ decision based on systematics interpretation.
Keywords: Legal Principal, Legal System, Judges Decision Based On Systematics Interpretation
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| Corresponding Author (I Dewa Gede Atmadja)
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| 50 |
International Law |
ABS-176 |
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Functions Of The State In The Implementation Of Social Responsibility By State-Owned Enterprises
Nurhaedah, Marif, Rizki Ramadhani, Jasmariar
Faculty of Law, Muslim Indonesia University, Makassar Indonesia
Abstract
Corporate social responsibility by State-Owned Enterprises must be carried out based on economic democracy with the principles of togetherness, efficiency, justice, sustainability, independence and by maintaining a balance of progress and national economic unity, so that in its implementation it requires a state function for structuring a social responsibility program system that is in favor of the community. In this research the author examines two problems: First, the state^s function in structuring the social responsibility program system of State- Owned Enterprises. Second, the company^s contribution from the social responsibility of State-Owned Enterprises in improving community welfare. The research method used is a qualitative research method with a literature study approach taken from journals, books and the internet as references and then analyzed by the author. The results showed that the structuring of the system of organizing corporate social responsibility is inseparable from the state^s function in the economic field, namely, the state^s function as a provider, the state^s function as a regulator, the state^s function as an entrepreneur or running certain sectors through State-Owned Enterprises, and the state^s function as an empire to formulate fair standards regarding the performance of the economic sector including state companies. The contribution of State-Owned Enterprises in carrying out their social responsibility is coaching and business development for the community.
Keywords: Corporate social Responsibility, State Functions, State-Owned Enterprises
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| Corresponding Author (Nurhaedah Nurhaedah)
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| 51 |
International Law |
ABS-178 |
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PleasHuman Rights and Environmental Balance: And Legal Protection in the Energy and Mining Industriese Just Try to Submit This Sample Abstract
Anggreany Arief, Fahri Bachmid
Universitas Muslim Indonesia, Universitas Muslim Indonesia
Abstract
This paper discusses the legal protection of human rights and environmental balance in the context of the energy and mining industries. It explores the importance of ensuring that the operations of these industries do not violate the fundamental rights of individuals, communities and the environment. The study conducts an evaluation of the existing legal framework, both at the national and international levels, governing energy and mining operations. By assessing the adequacy of the current legal tools, the aim of the study is to identify gaps and shortcomings that need to be addressed to improve the protection of human rights and the environment. This paper argues that legal safeguards must be strengthened to protect human rights, including the right to a healthy environment, in energy and mining industry operations. It proposes the development of a robust legal and regulatory framework that embraces the principles of transparency, accountability, participation and the rule of law. By integrating these principles, the paper argues that it can effectively address human rights and environmental issues in the energy and mining sectors. It concludes that the legal protection of human rights and the environment should be a fundamental consideration in the operation of the energy and mining industry, with the ultimate goal of achieving sustainable development and realizing a just and equitable society.
Keywords: Human rights, environmental balance, legal protection, energy industry, mining
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| Corresponding Author (Dr. H. Anggreany Arief, S.H., M.H Arief)
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| 52 |
International Law |
ABS-179 |
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ENVIRONMENTAL LAW ENFORCEMENT OF NATIONAL CAPITAL RELOCATION AS AN EFFORT TO PRESERVE THE ENVIRONMENT
A. Risma, St. Ulfah, Satrih Hasyim, Dwi Handayani
Universitas Muslim Indonesia
Abstract
The relocation of the State Capital which was later referred to as Nusantara is one of the government^s agendas that has gone through various considerations and long discussions until it is officially realized. This transfer, which aims to solve problems in all fields, has resulted in various pros and cons from various parties. The reason is that moving the country^s capital city to Kalimantan can have a negative impact on the environment and the ecosystem in it. Disturbing biodiversity, causing natural disasters, and damaging the environment are some of the public^s concerns. The data collection method used in this paper is a literature review with the analysis method is a qualitative analysis that is studied from various reading sources and laws and regulations. The results of this study indicate that there is a need for clear and precise law enforcement as an effort to preserve the environment in the Kalimantan region. Various efforts and steps should have been set by the government to enforce environmental law there, preventive and repressive measures should have been carried out and refer to the environmental law that has been set.
Keywords: Law Enforcement, National Capital, Relocation, Preserve
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| Corresponding Author (Andi Risma)
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| 53 |
International Law |
ABS-180 |
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Please Just Try to Submit ThHuman Rights Perspective in Guaranteeing Public Opinion Rights Against Mining Crimes (Illegal Mining)is Sample Abstract
Muh. Fachri Said, Muh. Fauzi Ramadhan, Mariam Mgeladze.
Universitas Muslim Indonesia Faculty of Law, Ankara University, Faculty Of Law.
Abstract
Abstract
The enthusiasm of the government to enact Law no. 11 of 2020 Concerning Job Creation in the Minerba chapter, is able to stimulate investment, create jobs, and improve the business climate in Indonesia. This legislation has experienced significant dynamics since it was enacted in 2020. There are several main dynamics related to Law no. 11 of 2020 Concerning Job Creation, namely: there has been a change in regulations, where Law no. 11 of 2020 concerning Job Creation contains significant changes to various sector laws such as employment, investment, licensing, environment, and freedom of expression. For example, in article 162 of Law no. 11 of 2020 Concerning Job Creation of the Minerba chapter, which is contrary to the 1945 Constitution, the MK further issued a decision to continue to apply 162 of Law no. 11 of 2020 concerning Job Creation in the Minerba chapter. With that the author uses normative research methods and the conceptual basis of Indonesian human rights in analyzing the guarantee of the people^s right to opinion after the stipulation of Law no. 11 of 2020 concerning Job Creation in the Minerba chapter. From the research on the problems above, the authors found that there was a disharmony of norms between Law no. 11 of 2020 Concerning Job Creation and the 1945 Constitution, Law no. 9 of 1998 concerning Freedom of Expressing Opinions in Public, Law no. 39 of 1999 concerning Human Rights, which has an impact on the injury to the right to freedom of expression in Indonesia.
Keywords: Guarantee, Human Rights, Criminal, Mining.
Keywords: Keywords: Guarantee, Human Rights, Criminal, Mining.
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| Corresponding Author (Fauzi Ramadhan)
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| 54 |
International Law |
ABS-186 |
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PERAN DAN KEDUDUKAN HUKUM PERUSAHAAN PERANTARA PERDAGANGAN PROPERTI DALAM KEGIATAN MARKETING AGENCY
Putu Ratna Nindita Andayani
Universitas Warmadewa
Abstract
Sebuah perusahaan perantara perdagangan properti memiliki kedudukan hanya sebagai bentuk perantara, sehingga tanggung jawab sepenuhnya tetap berada pada pemilik properti. Dalam menjalankan kegiatan marketing, perusahaan jenis ini wajib membuat suatu perjanjian baku yang tertulis dengan pemberi tugas yang mengarah kepada keadilan untuk para pihak yang melakukan perjanjian sebagai bentuk pertanggungjawaban kerja agen property. Pembahasan masalah yang menarik minat penulis yaitu mengenai peran dan kedudukan perusahaan perantara perdagangan properti dalam perjanjian sewa menyewa ruko dan pertanggungjawaban sebuah perusahaan perantara perdagangan properti terhadap pihak pemilik maupun pihak penyewa saat terjadi wanprestasi dalam kegiatan sewa menyewa. Jenis penulisan dalam tesis ini menggunakan penelitian hukum normatif. Agen properti disini adalah subjek pembahasan dalam penulisan yang berperan sebagai sebuah perusahaan berbadan hukum yang menjalankan kegiatan usaha sebagai perantara penjual dan pembeli yang pada masa kini disebut marketing agency. Perjanjian sewa menyewa yang dimaksudkan perusahaan ini ialah sebagai lalu lintas pertukaran kepentingan untuk merefleksikan bentuk keadilan, yang dalam hal ini adalah perjanjian baku sewa menyewa bawah tangan. Karena kedudukan perusahaan ini hanya sebagai bentuk lalu lintas perdagangan, maka tanggung jawab berada pada pemilik property untuk membuat bangunan yang disewakannya layak untuk bisa disewakan kembali. Dalam hal terjadinya wanprestasi antara para pihak karena tidak dipenuhinya kewajiban sebagaimana seharusnya karena kelalaian salah satu pihak dalam perjanjian, maka sebuah perusahaan perantara perdagangan properti sebagai fasilitator dapat menjadi mediator agar kedua belah pihak berhasil untuk menemukan solusi dari masalah tersebut.
Keywords: Agen Properti, Perjanjian, Sewa-menyewa
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| Corresponding Author (Putu Ratna Nindita Andayani)
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| 55 |
Law on Anti-Corruption and Asset Recovery |
ABS-11 |
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Pengembalian Kerugian Keuangan Negara dalam Tindak Pidana Korupsi Dana Hibah Pariwisata
Nur Syamsi Tajriyani, S.H.- Rebecca Mariana Angelina Girsang, S.H.- Gunawan, S.H.- Ferdinand Joseph Paruhum Situmorang, S.H.
Magister Ilmu Hukum, Fakultas Hukum, Universitas Airlangga
Jl. Dharmawangsa Dalam Selatan, Surabaya, 60286
Abstract
Tindak pidana korupsi di sektor pariwisata merupakan tindak pidana yang sangat merugikan keuangan negara, diantaranya tindak pidana korupsi dana hibah pariwisata untuk pembangunan sektor pariwisata yang terdampak pandemi COVID-19. Penelitian ini bertujuan untuk menganalisis pertanggungjawaban pidana pelaku tindak pidana korupsi dalam pengelolaan dana hibah pariwisata dan akibat hukum pengembalian kerugian keuangan negara yang timbul akibat adanya tindak pidana korupsi tersebut. Penulisan penelitian ini menggunakan metode penelitian hukum normatif dengan pendekatan perundang-undangan, yaitu dengan menganalisis peraturan perundang-undangan yang mengatur tentang tindak pidana korupsi, dana hibah pariwisata, pertanggungjawaban pidana, serta mekanisme pengembalian kerugian keuangan negara. Hasil penelitian menunjukkan bahwa pelaku tindak pidana korupsi dana hibah pariwisata dapat dijerat dengan berbagai pasal dalam Undang-Undang No. 31 Tahun 1999 tentang Pemberantasan Tindak Pidana Korupsi beserta perubahannya. Terhadap pelaku dapat dikenakan pertanggungjawaban berupa hukuman penjara, denda, atau keduanya, dan dapat pula diwajibkan untuk mengembalikan kerugian keuangan negara yang timbul akibat tindak pidana korupsi dengan mekanisme pengembalian kerugian keuangan negara melalui proses pidana, perdata, dan/atau administrasi. Penelitian ini diharapkan dapat memberikan pemahaman mengenai pertanggungjawaban pidana pelaku tindak pidana korupsi dana hibah pariwisata serta mekanisme pengembalian kerugian keuangan negara sebagai landasan yuridis terhadap perbaikan sistem pengelolaan dana hibah pariwisata serta penegakan hukum yang lebih efektif dengan tujuan untuk meminimalisir tindak pidana korupsi di sektor pariwisata.
Keywords: Tindak Pidana Korupsi, Kerugian Keuangan Negara, Pertanggungjawaban Pidana, Pariwisata
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| Corresponding Author (Nur Syamsi Tajriyani)
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| 56 |
Law on Anti-Corruption and Asset Recovery |
ABS-13 |
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PENEGASAN KERUGIAN BUMN SEBAGAI KERUGIAN NEGARA DALAM UPAYA TRANSFORMASI MENJADI OBYEK PERTANGGUNG JAWABAN TINDAK PIDANA KORUPSI
Hanuring Ayu, A.P., Ariy Khaeruddin, Ismiyanto
universitas islam batik surakarta
Abstract
Penelitian menjawab pertanyaan mengapa diperlukannya penegasan kerugian BUMN sebagai kerugian negara dalam upaya transformasi menjadi obyek pertanggung jawaban tindak pidana korupsi. Kemudian menjawab bentuk penegasan kerugian BUMN sebagai kerugian negara dalam dalam upaya transformasi menjadi obyek pertanggung jawaban tindak pidana korupsi. BUMN sebagai sarana pelayanan publik, praktiknya terindikasi menjadi media korupsi dengan bentuk kerugian yang mendapatkan imunitas sehingga belum mampu diklasifikasikan sebagai kerugian negara. Perlu penegasan dengan memperluas kerugian BUMN yang ditransformasi sebagai obyek pertanggung jawaban tindak pidana korupsi. Hal ini dikuatkan berbagai teori pertanggung jawaban dan komparasi pengelolaan BUMN. Penelitian ini normatif dengan bahan hukum berkaitan dengan BUMN. Hasil penelitian menunjukkan perlunya penegasan kerugian BUMN sebagai kerugian negara dalam upaya transformasi menjadi obyek pertanggung jawaban tindak pidana korupsi dikarenakan belum terdapat evaluasi kerugian kebijakan BUMN, permodalan BUMN merupakan kekayaan negara dan pertanggung jawaban kerugian negara dan terdapat intervensi negara terhadap kegiatan usaha BUMN. Bentuk penegasan kerugian BUMN sebagai kerugian negara dalam upaya transformasi menjadi obyek pertanggung jawaban tindak pidana korupsi diaplikasikan terhadap peraturan perundang-undangan mencakup UU No. 19 Tahun 2003 tentang BUMN, UU No. 1 Tahun 2004 tentang Perbendaharaan Negara, UU No. 40 Tahun 2007 tentang PT, UU No. 17 Tahun 2003 tentang Keuangan Negara dan UU No. 20 Tahun 2001 tentang Tipikor.
Keywords: BUMN, Kerugian, Penegasan, Transformasi
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| Corresponding Author (Hanuring Ayu)
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| 57 |
Law on Anti-Corruption and Asset Recovery |
ABS-65 |
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The Role of Green Accounting and Share Ownership on Financial Performance
1st Andi Surya, 2nd Dewi Silvia, 3rd Yudhinanto CN, 4th agtrina hardianti
Faculty of Business, Universitas Mitra Indonesia
Abstract
This study aims to determine how the role of green accounting and share ownership on financial performance. This research was conducted at companies receiving green industry awards. The samples used were 8 companies. This research uses quantitative data with a sampling technique that is purposive sampling. The analytical method used is multiple linear regression. Partial testing with the t test shows that Green Accounting has a positive and not significant effect on Financial Performance. This means that the first hypothesis in this study is rejected. Share Ownership has a negative and not significant effect on Financial Performance This means that the second hypothesis in this study was rejected.
Keywords: Green Accounting, Share Ownership, Financial Performance.
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| Corresponding Author (Dewi Silvia)
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| 58 |
Law on Anti-Corruption and Asset Recovery |
ABS-138 |
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THE URGENCY OF INDONESIAN COLLABORATION WITH INTERNATIONAL ORGANIZATIONS IN TERMS OF COOPERATION AND EXCHANGE OF INFORMATION ON ECONOMIC CRIME AND MONEY LAUNDERING
Dwi Nurahman, Armalia Reny WA, Desmon, Nadia Anisa
Law Faculty University of Mitra Indonesia, Business Faculty University of Mitra Indonesia, Business Faculty University of Mitra Indonesia, Business Faculty University of Mitra Indonesia
Abstract
The State of Indonesia through the Center for Financial Transaction Reports and Analysis has carried out many collaborations with various international organizations in terms of cooperation and exchange of information in order to expand the range of information for perpetrators of economic crimes, as well as narrow the movements of perpetrators of money laundering in the world. Several international collaborations that have been carried out by Indonesia, namely the Financial Action Task Force (FATF), Austract, Egmont Group, Financial Intelligence Unit (FIU), Asia Pacific Group On Money Laundering and so on. Cooperation and exchange of information has urgency and benefits for Indonesia, especially in the form of exchanging financial intelligence information with a high commitment to preventing and eradicating money laundering which is oriented towards improving the image of Indonesia in the international world and will give confidence to investors who will invest in Indonesia.
Keywords: Please Just TrIndonesian Collaboration, International Organizations, Cooperation and Information Exchange, Economic Crime, Money Launderingy to Submit This Sample Abstract
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| Corresponding Author (Dwi Nurahman)
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| 60 |
Law on Business, Business Competition, and Prohibition of Monopoly |
ABS-5 |
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Light-Touch Regulation to Optimize the Startup and SME Ecosystem in Indonesia
Dwi Ratna Indri Hapsari- Nur Putri Hidayah
Faculty of Law, University of Muhammadiyah Malang
Abstract
Startup is a newly business entity based on digital technology which is currently a new breakthrough to provide alternative solutions to problems and ease the burden of modern life. Almost the same as Startup, Small and Medium Enterprises (SME) in Indonesia experience problems in terms of access to capital. Apart from that, the complexity of business licensing procedures, regulations and unclear institutions that regulate startup and SMEs in Indonesia fail even before they develop. This research aims to restore regulations in Indonesia in the field of startup and SMEs. the type of research used is normative legal research with a statue approach and a conceptual approach. From the results of the study it can be concluded that the Light Touch Regulation in the field of startup and SMEs is expected to improve the start-up and SMEs ecosystem, such as ease of business trials, legal protection for new entrepreneurs, access to financing, or protection of intellectual property as has been proven implemented by several countries such as America, Japan, Germany, Swiss, South Korean, etc.
Keywords: Startup- SME- Regulation
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| Corresponding Author (Dwi Ratna Indri Hapsari)
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