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1 Democracy, Constitution, and Globalization ABS-52

The Not Guilty Verdict on Corruption and Implications for the Suspected In the Social Structure of Society
Dinna Dayana Laode Malim1, Andi Muhammad Sofyan 2, Muhammad Said Karim 3, Abd. asis 4

Program Doktor Ilmu Hukum Universitas Hasanuddin, Makassar1, Univeritas Hasanuddin, Makassar 2, Univeritas Hasanuddin, Makassar 3, Univeritas Hasanuddin, Makassar 4


Abstract

Abstract

Corruption is a social parasite that destroys the joints of government structures and is the most important obstacle to development. Corruption is a product of the attitude of life of a group of people who use money as the standard of truth and as absolute power, as a result, rich corruptors and corrupt politicians who have excess money can enter into the ruling elite and are highly respected and occupy high social status. . Corruption is a latent danger whose excess is very detrimental to the state and nation and a scourge for society. However, in the criminal process of corruption, the suspect sometimes might prove not guilty as charge. This article is a legal research with a qualitative descriptive approach with central data collection techniques, observation and interviews. Informants, namely judges during court proceedings, prosecutors, lawyers, suspects and families of suspects who were acquitted. The article will discuss Corruption is the behavior of individuals who use their authority and position for personal gain, harming public and state interests. So corruption is a symptom of misuse and mismanagement of power for personal gain, mismanagement of the resources of the state by using formal powers and powers to enrich oneself. This article will discuss the trial process of corruption cases with acquittal and socio-cultural implications for the suspect and the suspect^s family in everyday life in society. This article will describe the cases of suspected corruption cases, the trial process and the mechanisms that lead to acquittal. In addition, the life of the suspect after the acquittal and the community^s response to the suspect and his family.

Keywords: Keywords: Corruption, Free Decision, Socio-Cultural Implications

Share Link | Plain Format | Corresponding Author (Dinna Dayana La Ode Malim)


2 Democracy, Constitution, and Globalization ABS-67

CRIMINAL RESPONSIBILITY IN PRESS FREEDOM OF CYBER MEDIA
Rudy, Judhariksawan, Nur Azisa, Maskun

UNHAS


Abstract

Press freedom constitutes freedom of conscience followed by an awareness of the importance of law supremacy enforcement which was performed by the officers of law enforcement and profession responsibility which was described in journalistic code of ethics.
This research was elaborating the position of criminal responsibility in press freedom, the enforcement of criminal law in press legal system and the concept of criminal responsibility which corresponds to the principles of press freedom of cyber media. The research aimed at realizing the principles of responsible press freedom of cyber media.
The method employed in this research was a normative research by a conceptual, historical and comparative approaches.
The result showed that the press freedom of cyber media must be on the basis of journalistic code of ethics in order that the journalistic quality can be maintained favorably. It was urgently needed policy reconstruction of criminal responsibility policy in press freedom of cyber media, as well as the prescription and evaluation of the applicable laws in order to avoid unethical press freedom and create a responsible press freedom of cyber media.

Keywords: Criminal responsibility, Press freedom, Cyber media.

Share Link | Plain Format | Corresponding Author (Rudy rudy)


3 Democracy, Constitution, and Globalization ABS-88

Formation of Academic Paper of Regional Regulations in The Indonesian Constitutional System
Kosariza, Meri Yarni, Netty

Faculty of Law, University of Jambi
Jl. Lintas Jambi - Muara Bulian Km. 15 Mendalo Darat. Kecamatan Jambi Luar Kota, Kabupaten Muaro Jambi, Jambi, 36122, Indonesia.


Abstract

Regional regulations (Perda) have a very strategic role in the implementation of regional governance. Various efforts to improve the quality of the Perda continue, including through Law Number 12 of 2011 concerning the Formation of Legislation which requires the preparation of Academic Papers (AP). This study aims to identify and analyze the urgency and implementation of AP formulation in the formation of regional regulations based on legislation. The research method used is law research, by examining the prevailing norms in the preparation of a guideline in the form of a text with a normative and historical approach. The results showed that AP has a very important urgency to create a good and quality regional regulation. AP is very important when faced with statutory problems that are considered unresponsive, egalitarian, futuristic, and unqualified. Through AP, each Raperda can produce a higher quality Regional Regulation and can be categorized as good legislation. Given its very vital urgency, it is hoped that the drafters of Regional Regulations (Regional Government and DPRD) formulate AP first before compiling the Regional Regulation Draft and provide legal standing for AP compilers in the formation of Perda which need to be regulated in Legislation.

Keywords: Urgency, academic papers, regional regulations.

Share Link | Plain Format | Corresponding Author (Kosariza Kosariza)


4 Democracy, Constitution, and Globalization ABS-118

INDONESIA^S FOREIGN POLICY MODEL TO HANDLE THE IMPACT OF COVID-19 IN THE ERA OF GLOBALIZATION
Elyta*1, Hardi Alunaza SD #2, Abi Sofyan Yacob #3

*1 Universitas Tanjungpura , Pontianak, Indonesia
#2 Universitas Tanjungpura, Pontianak, Indonesia
#3 Universitas Tanjungpura, Pontianak, Indonesia


Abstract

In the era of globalization, the movement of people from one country to another is the cause of the spread of Covid-19. The Covid-19 phenomenon demands the role of the Ministry of Foreign Affairs of the Republic of Indonesia to determine Indonesia^s foreign policy in preventing and overcoming the impact of Covid-19. Based on this, research is needed on the reconstruction of Indonesia^s foreign policy model to prevent and overcome the impact of Covid-19 in the era of globalization. The method used in this research is a qualitative method with descriptive research type. The results of the study found that the reconstruction of Indonesia^s foreign policy model to deal with the impact of Covid-19, namely in Indonesia^s foreign policy, was carried out by the Ministry of Foreign Affairs of the Republic of Indonesia. The role of the Ministry of Foreign Affairs of the Republic of Indonesia during this global pandemic is as an actor who formulates and makes policies. The results of this study found that Indonesia^s foreign policy in efforts to prevent Covid-19 is by encouraging virtual international meetings to unite other countries in resolving the Covid-19 crisis and by providing protection for Indonesian citizens (WNI) abroad.

Keywords: Indonesian foreign policy- covid 19- globalization

Share Link | Plain Format | Corresponding Author (Elyta Elyta)


5 General Issues ABS-16

FACTORS OF LAWLESSNESS AND AGILITY LEADERSHIP: STUDY OF CHILD NARCOTICS CRIME
1. Adil Kasim., 2. M. Said Karim., 3. Abdul Asis., 4. Syamsuddin Muchtar.

1. PhD Student at Postgraduate Program Hasanuddin University
2. Professor on Legal Science, Faculty of Law, Hasanuddin University, and as a Promotor
3. Associate Professar on Legal Science, Faculty Of Law, Hasanuddin University and as a Co-Promotor
4. Associate Professar on Legal Science, Faculty Of Law, Hasanuddin University and as a Co-Promotor


Abstract

This study aimed to analyze agile leadership and the factors of lawlessness in children involving adults. This research took a study on child narcotics crime. There are eighteen district court decisions from 2017-2020, the unit of analysis, using the Query Nvivo-12 plus program method. The use of Nvivo aims to analyze data with a data coding model. Besides, the authors also conducted interviews with key informants, namely judges who handled child narcotics cases. The study results found several factors causing children to commit narcotics crimes, namely economic conditions, disharmonious family conditions, invitations from friends, and the influence of social media. In addition to these factors, the authors also found new things that make children entangled in narcotics crimes, namely adults who use children in narcotics trafficking. To overcome these factors, agile leadership, namely the leadership of adults who can demonstrate sensitivity, leadership unity, and resource optimization to protect children from the influence of a drug or narcotics abuse.

Keywords: Agility Leadership, Child protection, Criminal acts, Narcotics abuse, : Lawlessness

Share Link | Plain Format | Corresponding Author (ADIL KASIM)


6 General Issues ABS-19

Victim Protection of Sexual Violence in the Sexual Violence Elimination Law Plan (SME Bill)
Maria Novita Apriyani*

Faculty of Law, East Java Veterans National Development University Jalan Raya Rungkut Madya, Surabaya 60294, Indonesia
*maria.ih[at]upnjatim.ac.id


Abstract

The phenomenon of sexual violence cases is increasingly happening in Indonesia. So far, the substance of the Criminal Code (KUHP) has not provided protection for victims of sexual violence because it only focuses on the perpetrator. The current Criminal Code has not been able to cover the forms of sexual violence that are currently developing. Indonesia needs a legal umbrella that is oriented towards victim protection. The Bill on the Elimination of Sexual Violence is needed to regulate matters that have not been regulated in the Child Protection Act and other statutory regulations. It is hoped that the Draft Law on the Elimination of Sexual Violence is expected that all victims of sexual violence, both children and adults, can have their rights to truth, justice, recovery, fulfillment of a sense of justice and guarantee of non-repetition. This research uses a comparative method, which is to compare the practices experienced by the Witness and Victim Protection Agency (LPSK) with the substance of the existing laws and regulations. The results of this study indicate that law enforcement officials need to have internal regulations regarding the investigation, prosecution and trial of sexual violence with the perspective of victims (HAM), gender and children, as well as restitution / compensation to be the most important thing for victims.

Keywords: Protection, PKS Bill, Victims of sexual violence

Share Link | Plain Format | Corresponding Author (Maria Novita Apriyani)


7 General Issues ABS-35

The Nature of Penal Mediation as an Alternative to Settle Copyright Crime
Dharmawati, Ahmadi Miru, Syamsuddin Muchtar, Andi Tenri Famauri

Hasanuddin University


Abstract

Penal mediation is an alternative to solve copyright crimes. This study aims to identify the process of the penal mediation system. This study uses a normative method. The results of the study show that the penal mediation as an alternative concept of solutions offered receives a positive response, especially for businessmen which demands efficiency, confidentiality, lasting relationships / cooperation, no formality, and the settlement emphasizes justice. Through the penal mediation process, it can reach the highest peak of justice because of the agreement of the parties involved in the copyright crime case. Both parties can seek and reach the best solution and alternative to resolve the case. The perpetrators and victims can propose compensation to be offered, agreed upon and negotiated between them together so that the solution reached is ^win-win^ (win-win).

Keywords: Penal Mediation, Alternative Settlements, Crime, Copyright, Justice

Share Link | Plain Format | Corresponding Author (Dharmawati Dharmawati)


8 General Issues ABS-40

Strengthening the Development of Religious Education in Local Government of Indonesia
Abd. Rais Asmar, Arifin Hamid, Hamzah Halim, Zulkifli Aspan

Faculty of Law, Hasanuddin University


Abstract

The religious education is fundamental for Indonesian people because Indonesia is a complex country with over 260 million people consist of various culture and faith. However, the authority in the religious sector was already exclusive to the central government. This article concerns about construction of local goverment authority in religious education sector in unitary state like Indonesia. This research was conducted by normative research, approached with statute approach, historical approach, and comparative approach. Ideally, religious education sector should be handled by local government with supervision and support from central government. Futhermore, religious education system should be put in some informal form in public or private education system in order to get frugality. This way will facilitate the occasion of central government and local government in religious education system.

Keywords: Government, Religious Education, Decentralization

Share Link | Plain Format | Corresponding Author (Abdul Rais Asmar)


9 General Issues ABS-42

Legal Protection for Consumers towards Basic Needs Stockpiling Amidst the COVID-19 Pandemic
Hilbertus Sumplisius M. Wau- Tengku Keizerina Devi Azwar

Master of Notarial Law, Universitas Sumatera Utara, Medan - Indonesia


Abstract

The Covid-19 Pandemic is a non-natural disaster with a sudden and widespread effect on consumer behavior. The pandemic has made business actors keep and store a stockpile of staple food which results in the scarcity of foodstuff. Staple food hoarding can harm society. This study aims to determine the legal protection for consumers in response to the staple food hoarding by business actors amidst the Covid-19 Pandemic. This is normative legal research applying a statutory and conceptual approach. The data was collected through a literature study. The findings indicate that the legal protection in regards to the staple food hoarding has been strictly regulated in the provisions of Law Number 7 of 2014 concerning Trade, Law Number 18 of 2012 concerning Food, and the Presidential Regulation of the Republic of Indonesia Number 71 of 2015 concerning the Determination and Storage of Staple Food and Important Items. However, the legal protection for consumers is still vague, especially amidst the Covid-19 Pandemic. Therefore, it is necessary to have provisions on staple food hoarding law despite the available rules and regulations to protect the consumers.

Keywords: Consumers- Covid-19 Pandemic- Protection- Stockpiling Hoarding

Share Link | Plain Format | Corresponding Author (Hilbertus Sumplisius M. Wau)


10 General Issues ABS-48

RESPONSIBILITY OF THE NOTARY OF RECIPIENT OF THE NOTARY PROTOCOL WHO DIED IN TERMS OF STORAGE OF NOTARY PROTOCOLS
Novianti Fathiyyah, Hasbir Paserangi, Farida Patittingi, Maskun

Faculty of Law, Hasanuddin University
Faculty of Law, Hasanuddin University
Faculty of Law, Hasanuddin University
Faculty of Law, Hasanuddin University


Abstract

Every deed made by a notary must be kept in the notary protocol. Notary protocols was state archives and documents that must be kept and maintained by a notary in accordance with UUJN Article 1 paragraph (13) and the protocol must be transferred in the event the notary passes away. The objective of this study were designing a Notary Public data base system that is ready to accept Protocols from Notary Public who died and also finds a method of storing notary protocols digitally. The method used in this study was normative research by a Library Research and dan field research approach. The problem found was when a notary died, There was not notary who was ready to accept the protocol, especially with regard to the readiness of a proper Notary protocol storage facility, especially regarding the security of it was storage. In these case, the role of the Regional Supervisory Council and the Department of Law and Human Rights of the Republic of Indonesia and also the Indonesian Notary Association was needed in assessing and producing base notaries who were mentally ready as well as facilities to accept notary protocol if needed at any time, and striving for the implementation of digital storage of notary protocols (digitization of protocols) which of course must pay attention to security guarantees, confidentiality and of course the legal basis for it was implementation so that the interests of the parties in need can be protected.

Keywords: notary protocol, data base of notary, storage facilities, digitization protocols, legal basis

Share Link | Plain Format | Corresponding Author (NOVIANTI FATHIYYAH)


11 General Issues ABS-53

THE SYNERGITY OF WORKER OR LABOR UNIONS, ENTREPRENEURS AND GOVERNMENT IN A WAGE SYSTEM
Asher Tumbo, Syamsul Bachri, Marwati Riza, Anshori Ilyas

Faculty of law, Hasanuddin University


Abstract

Workers or labor union is a representative of workers as a liaison between labor and entrepreneur and also government on various kinds of industrial relations problems especially wage system. This problem has been a debate topic for years due to differences in interests among stakeholders. This study aimed to design a pattern of relationship between labor unions with entrepreneur and also government in wage system using normative legal methods. This study showed a harmonious relationship between labor unions with entrepreneur and also government in wage system which has always been a problem in Indonesia. This research also proved that each stakeholders play their duties appropriately. Entrepreneurs carried out their obligation in fulfilling their workers^ rights in accordance with relation industrial regulations. And the government with its authority conducted the regulation and supervision of rules implementation in solving industrial relations problems.

Keywords: Workers, Labors, Entrepreneur, Government, wage System

Share Link | Plain Format | Corresponding Author (Asher Tumbo)


12 General Issues ABS-60

Harmonization of Cyber Terrorism Regulations as Transnational Crime in the perspective of International Law
GracesyPrisela Christy, MarthenNapang, Musakkir, WiwieHeryani

Faculty of law, Universitas Hasanuddin


Abstract

Terrorism is an extraordinary crime become the world^s attention today which is classified as a crime against humanity (Crime Against Humanity), Crime terrorism is a crime international community which is very scary both society regional and international community, moreover if the crime terrorism had used the internet in their actions. The objective of this study was finding the harmonization of the implementation of preventive and repressive efforts on cyber terrorism crimes that was effective in the perspective of international law. The results showed that Cyber Terrorism was a form of crime that was not only threatening to individual safety but a threat to sovereignty country. Apart from these, the definition of terrorism in the world was not yet have uniformity, of course, because of a viewpoint different ideologies of crime from each country Cyber Terrorism. but on the instrument of ASEAN Convention on Counter Terrorism dan International Convention for The 85 Suppression Of Terrorist Bombing in the system of international law, in which there were rules and instrument that can be used for eradicating cyber-terrorism or used as a basis law in the criminalization of cyber-terrorism crimes

Keywords: Harmonization, Cyber Terrorism, International Law

Share Link | Plain Format | Corresponding Author (Gracesy Prisela GracesyPrisela)


13 General Issues ABS-74

PENYELESAIAN SENGKETA KONSUMEN MELALUI ARBITRASE BPSK DI MASA PANDEMI COVID-19
Sri Wahyuni1, Sonyendah Retnaningsih2,

Universitas Padjajaran1, Universitas Indonesia2


Abstract

During the Covid-19 pandemic, the Indonesian government implemented the PSBB (Large-Scale Social Restrictions) policy to prevent the spread of Covid-19. This policy also affects the settlement of consumer disputes outside the court through non-litigation such as BPSK. The dispute resolution has experienced several obstacles, such as stagnation of the trial for consumer dispute resolution, the recommendation for WFH (Work From Home). The next question is how to resolve consumer disputes through BPSK Arbitration during the Covid-19 pandemic. Like the BPSK Arbitration decision Number 002/ P.Arbitrage / BPSK-Llg /VI /2020 dated June 29, 2020, which was canceled by the Lahat District Court Decision Number 8/Pdt.Sus-BPSK/2020 /PN.Lht. This study uses a qualitative normative legal research method, this study uses a case approach. This study uses Friedman^s Legal System Theory, Soerjono Soekanto^s Law Enforcement Theory and analyzes the Law Number 8 Year 1999 regarding Consumer Protection. The results of this study indicate that dispute resolution through BPSK Arbitration must be an option and agreement of the parties and the BPSK Arbitration decision has been canceled by the District Court, causing legal uncertainty for the parties.

Keywords: Dispute Resolution, Consumers, Arbitration

Share Link | Plain Format | Corresponding Author (Sri Wahyuni)


14 General Issues ABS-82

Availiablity of COVID-19 Vaccine: Regulation and Indonesian Policy to Deal With It
Maskun1, Nurul Habaib Al Mukaramah2

Faculty of Law, Hasanuddin University


Abstract

The current COVID-19 Virus pandemic have urged the scientist from all over the world to discover a vaccine as the answer to control this virus. The purpose of this paper to elaborate the regulation of providing the vaccine and Indonesian policy to dealing with it. The method of it is normative legal research, which applies some legal approaches to answer the question. The legal material will be analyzed qualitatively. The result of this study show that Indonesia has been cooperating with various parties to supply the COVID-19 vaccine and it is currently responsible to formulate policy which ensures the availability of COVID-19 vaccine for the whole Indonesian citizens. Some consideration that Indonesia should emphasize is the vaccine^s price accessibility, vaccine availiability in every region, and the techniques of implementing the COVID-19 Vaccine immunization. In order to ensure the availability of COVID-19 vaccine, legal regulations which elaborates and regulates the stages of production, distribution, and implementation of the COVID-19 vaccine immunization is needed.

Keywords: Vaccine, COVID-19, Regulation, National Policy

Share Link | Plain Format | Corresponding Author (Nurul Habaib Al Mukarramah)


15 General Issues ABS-105

Obstacle in Maintenance of International Peace and Security in Covid-19 Era: Security Council Resolution No 2532 (2020)
Tri Fenny Widayanti, Eka Merdekawati Djafar, Andi Syahwiah A. Sapiddin

Faculty of Law, Hasanuddin University


Abstract

Covid-19 that occurred at the end of 2019 has become a serious problem for all countries in the world. To overcome this, countries have undertaken international cooperation, one of international cooperation is the UN General Assembly Resolution Number 74/270 regarding the global solidarity to fight Covid-19, which then creates a task force for the non-aligned movement. To support this general assembly resolution, security council also released Resolution Number 2532 (2020) regarding about a ceasefire for areas that are currently in conflict for 90 day. The main purpose of that Resolution is for humanitarian assistance in handling Covid-19, therefore the security process and world peace can be carried out. However, there are an obstacle and problem upon the implementation of this Resolution, such as to what extent the effectiveness of this security council resolution is adhered to by the parties in dispute. The method of it is normative legal research, which applies some legal approaches to answer the question. The results of this study are that there are still difficulties in compliance with UN security council resolutions such as the principle of non-intervention which is used as an excuse to prevent humanitarian assistance even though on the Covid-19 issued, so that the level of effectiveness of this resolution is unfulfilled.

Keywords: Resolution, International Peace and Security, Effectiveness, non-intervention

Share Link | Plain Format | Corresponding Author (tri fenny widayanti)


16 General Issues ABS-113

DE-RADICALIZATION AS AN EFFORT AGAINST TERRORISM IN INDONESIA
SYARIF SADDAM RIVANIE, SYAMSUDDIN MUCHTAR, BIRKAH LATIF, DIAN ANGGRAECE SIGIT PARAWANSA, TOETIK RAHAYUNINGSIH

Hasanuddin University, Makassar-Indonesia
Airlangga University, Surabaya-Indonesia


Abstract

Abstract
The biggest bombing incident in Indonesia occurred in Bali in 2002 which killed 202 people. after the bombing incident, Indonesia issued Law Number 15 of 2003 concerning Eradication of Criminal Acts of Terrorism. in this Law only regulates criminal sanctions without regulating other forms of sanctions specifically aimed at perpetrators of terrorism. The purpose of this research is to find other forms of sanctions in the form of sanctions that can be given to perpetrators of terrorism in the future. This research method uses a normative research method, using primary and secondary sources of material through legal regulations related to the eradication of criminal acts of terrorism. In addition, it uses several legal approaches, namely the statutory approach and conceptual approaches. The results showed that deradicalisation in Indonesia is urgently needed in the form of sanctions which in the future must be carried out by terrorists. Because current deradicalization is not a punishment that must be carried out by terrorists, where deradicalization aims to eliminate the radicalism of terrorists.
Keywords: de-radicalization, prevention, terrorism.

Keywords: de-radicalization, prevention, terrorism.

Share Link | Plain Format | Corresponding Author (Syarif Saddam Rivanie)


17 General Issues ABS-117

lDISCRETION BY THE INDONESIAN GOVERNMENT IN THE COVID-19 PANDEMIC ERA
Rismayanti (a), Muhammad Zulfan Hakim (b), Andi Pangeran Moenta (c)

(a) Faculty of Law, Hasanuddin University. perintis kemerdekaan road, Makassar 90245. Indonesia
(b) Faculty of Law, Hasanuddin University. perintis kemerdekaan road, Makassar 90245. Indonesia
(c) Faculty of Law, Hasanuddin University. perintis kemerdekaan road, Makassar 90245. Indonesia


Abstract

The pandemi Covid-19 has spread trough the world with a staggering speed. It makes all the government in the world have to take an immediate action to overcome the effect. Not every country in the world are ready for it. Indonesia as one of the most counted victim also need a special act from the government to control the situation. Health management, economy management, security, and many other aspect. Discretion as a legal tool for a government to face any emergency situation has become very impoirtant nowdays. It is undebatable, when the government need to take an immediate act but stuck on a legal boundary, discretion will be a save passage to deviate from the law to save the people.
This is a normative legal research with statutory approach, in order to determine wheter the government discretion was taken according to the law, and has it fulfill the legal boundary on the use of discretion.
After the Perppu No. 1 / 2020, and presidential decree 7/2020, Indonesian government had moved faster to overcome the pandemi, even though it has altered the state budget, all are withing the legal boundary of a discretion.

Keywords: Pandemic, Government Discretion

Share Link | Plain Format | Corresponding Author (Risma yanti)


18 General Issues ABS-119

Placement of Indonesia Migrant Workers for Ship Crew members Working on Foreign Fishing Vessels
Arini Nur Annisa, Marwati Riza

Hasanuddin University


Abstract

The placement of Indonesian migrant workers (PMI) for ship crew members (ABK) who work in the fisheries sector is not accompanied by optimal protection and management in its implementation, which has an impact on the risk of inhuman and discriminatory treatment that threatens the safety and security of crew members. This study aims to analyze the responsibilities of the central government and local governments in the management of the placement of Indonesian fishing vessels and government policies to protect Indonesian crew members who work on foreign fishing vessels. This study uses normative research using a statutory approach and a conceptual approach. The government^s responsibility for the placement of Indonesian crew members is integrative in nature, which is divided into the division of responsibilities of the central government and local governments which must contain the boundaries of duties and responsibilities among related agencies. The role of the Central Government in the function of enforcement and law enforcement in overseeing the implementation of the placement of crew from start to return, responding to complaints, and resolving cases. The role of the Regional Government which consists of the role of the provincial government, district / city and village governments. The Provincial Government plays a role in the quality development function for prospective crew members and in the supervision of work provider companies. District / city and village governments play a role in the implementation of administrative functions for the crew candidates. The government^s policy on the protection of Indonesian crew members working on foreign fishing vessels is promotive, preventive, curative, and repressive in the form of economic, social and technical protection

Keywords: Indonesian Migrant Workers, Ship Crew, Foreign Fishing Vessels

Share Link | Plain Format | Corresponding Author (ARINI NUR ANNISA)


19 General Issues ABS-123

FACTORS OF LAWLESSNESS AND AGILITY LEADERSHIP: STUDY OF CHILD NARCOTICS CRIME
1. Adil Kasim., 2. M. Said Karim., 3. Abdul Asis., 4. Syamsuddin Muchtar.

1. PhD Student at Postgraduate Program Hasanuddin University
2. Professor on Legal Science, Faculty of Law, Hasanuddin University,
3. Associate Professor on Legal Science, Faculty Of Law, Hasanuddin University
4. Associate Professor on Legal Science, Faculty Of Law, Hasanuddin University


Abstract

This study aimed to analyze agile leadership and the factors of lawlessness in children involving adults. This research took a study on child narcotics crime. There are eighteen district court decisions from 2017-2020, the unit of analysis, using the Query Nvivo-12 plus program method. The use of Nvivo aims to analyze data with a data coding model. Besides, the authors also conducted interviews with key informants, namely judges who handled child narcotics cases. The study results found several factors causing children to commit narcotics crimes, namely economic conditions, disharmonious family conditions, invitations from friends, and the influence of social media. In addition to these factors, the authors also found new things that make children entangled in narcotics crimes, namely adults who use children in narcotics trafficking. To overcome these factors, agile leadership, namely the leadership of adults who can demonstrate sensitivity, leadership unity, and resource optimization to protect children from the influence of a drug or narcotics abuse.

Keywords: Agility Leadership, Child protection, Criminal acts, Narcotics abuse, Lawlessness,

Share Link | Plain Format | Corresponding Author (ADIL KASIM)


20 Governance and Anti-Corruption ABS-10

LEGAL ASPECTS OF STATE FINANCIAL LOSS CALCULATION IN SELF-PROTECTIVE EQUIPMENTS PROCUREMENT IN COVID-19 PANDEMIC PERIOD IN INDONESIA
Robertson Pakpahan, Syafruddin Kalo, Alvi Syahrin, Edi Yunara

Doctor of Law Program, Faculty of Law, University of North Sumatra, Medan


Abstract

Presidential Decree Number 12 of 2020 concerning the Determination of Non-Natural Disasters for the Spread of Corona Virus Disease 2019 (Covid-19) As a National Disaster has established a national emergency status based on the increasing number of victims and property losses, the expansion of the coverage of areas affected by disasters, and the emergence of implications a very broad socio-economic system. Determining the status of a national disaster has consequences on the Government^s responsibility to reduce risks and protect the community from the impact of the spread of Covid 19, such as providing personal protective equipment for medical personnel and the public. The procurement of large amounts of personal protective equipment in a short period of time creates legal risks such as criminal acts of corruption if the procurement results in losses to state finances. The use of the method of calculating state financial losses in the procurement of personal protective equipment during the Covid 19 pandemic must be carried out appropriately in accordance with the characteristics as a requirement for law enforcement. This article examines the legal aspects of the characteristics of calculating state financial losses in the procurement of personal protective equipment during the Covid 19 pandemic in Indonesia.
This research is a normative juridical research. The data used are secondary data in the form of laws and regulations obtained through literature study. The approach method used is the conceptual approach (conceptual approah) and the statutory approach (statue approach). Data analysis is carried out by systematizing the data for further use of the data to translate the concept of state financial loss and methods of calculating state financial losses in the procurement of personal protective equipment during the Covid-19 pandemic.
The results showed that the calculation of state financial losses in the procurement of personal protective equipment during the Covid

Keywords: personal protective equipment, covid 19, state financial losses, procurement

Share Link | Plain Format | Corresponding Author (robertson pakpahan)


21 Governance and Anti-Corruption ABS-32

THE GOVERNMENT ROLE FOR UNPAID LEAVE EMPLOYEES AMIDST THE COVID-19 PANDEMIC
Riza Fadli, Tengku Keizerina Devi Azwar

Universitas Sumatera Utara, Medan-Indonesia


Abstract

The World Health Organization (WHO) stated that the world is experiencing a Pandemic, Corona Virus Disease 2019 (Covid-19), which has affected society. Apart from causing casualties, this situation also has implications for socio-economic conditions and a decrease in employment. The government plays an important role in overcoming the problems from this situation, which is the dismissal of workers (unpaid leave). This study uses a normative juridical approach with qualitative data analysis to discuss the role of the government during this pandemic in dealing with suspended workers. Referring to the Circular of Minister of Manpower to Leaders of Companies throughout Indonesia Number SE-907/MEN/PHI-PPHI/X/2004 concerning Prevention of Termination of Mass Employment, item F classifies suspending workers is one of the efforts that can be taken before terminating employment. The absence of derivative regulations on suspended workers has a weakening impact on workers to get their rights. The government has made several efforts to solve this problem, such as providing incentive assistance, job training and other social assistance. Based on the results, the role of government in carrying out its duties and functions, must make regulations specifically on suspended workers as a preventive measure for future preparation.

Keywords: Government, Role, Unpaid Leave, Workers.

Share Link | Plain Format | Corresponding Author (Riza Fadli)


22 Governance and Anti-Corruption ABS-36

GOVERNANCE OF ASN PROCUREMENT MANAGEMENT IN LOCAL GOVERNMENT ENVIRONMENT
Faradillah Paratama, Anshori Ilyas, Syamsul Bachri, Marten Arie

Hasanuddin University


Abstract

The objective of this study was describing the procedures for the just procurement of ASN within the Local Government. It was emphasized on the improvement the quality of resources and create ASN procurement in accordance with the principles of good governance. The method used in this study was normative research by a conceptual approach, a historical approach and a comparative approach. The results showed that the governance of ASN procurement in the local government needs to adhere to the concept of good governance in determining the number and analysis of positions needed so that the quality of public services can be carried out properly. Reconstructing recruitment governance by considering the number of ASN resource needs objectively in the field and not based on quantitative aspects in determining the number of ASN formations. Redesign the number of required positions according to regional needs so that the number of position formations is in line with regional development objectives, regional capacities and conditions as well as the acceleration of public services. ASN recruitment prioritizes the use of the merit system by placing an expert in his field where filling of positions is carried out transparently with an open selection process and / or as regulated in the ASN law in order to avoid misuse of authority and create equitable ASN procurement

Keywords: Governance, State Civil Apparatus, Local Government

Share Link | Plain Format | Corresponding Author (Faradillah Paratama)


23 Governance and Anti-Corruption ABS-45

Simplification of the bureaucracy through the merit system in realizing a Good Government
1Nurwita Ismail, 2Aminuddin Ilmar, 3Djafar Saidi, 4Muh. Hasrul

1234Hasanuddin University


Abstract

Bureaucratic disease is part of the problems faced by the nation, a weak and unstable bureaucracy that has not yet found a good work pattern. The application of the concept of good governance without being accompanied With efforts to increase the capacitance and capability of the government administrators, of course, there will not be much change in the government administration system.
The research method used is to use a normative research approach. Using secondary data from literature, journals, and others related to the problem topic. The conclusion of this research is that the bureaucracy should be a tool to facilitate the implementation of government policies. The merit system, which was prepared to reduce bureaucracy in the management of ASN, has not been effectively implemented. Law No.5 of 2014 describes a model for implementing the merit system but it has not been fully implemented in the ASN management system. Appointments and dismissals are still characterized by practices of closeness and connection, human resource management must be oriented towards a simple and open system implemented in accordance with the principles of good governance so that reforms are directed at changes, improvements and arrangements as well as comprehensive and systematic arrangements.

Keywords: Bureaucracy, ASN Management, Merit System

Share Link | Plain Format | Corresponding Author (Nurwita Ismail)


24 Governance and Anti-Corruption ABS-46

THE APPLICATION OF MINIMUM CRIMINAL SANCTIONS AGAINST CORRUPTION PERPETRATORS : PHILOSOPHICAL REVIEW
Metsie , Syamsuddin Muhammad Noor, Muhammad Said Karim, Abd. Asis

faculty of law, Universitas Hasanuddin


Abstract

The provisions of the minimum criminal sanctions are clearly recognized under the Corruption acts. The research objective is to reformulate provision of minimum criminal sanctions. This research uses the normative method. The results of the research show that the minimum criminal sanctions provisions are clearly stated in the criminal act of corruption. Therefore, judges may impose a minimum sentence as part of the judge^s responsibility in implementing the law. However, imposing minimal punishment is clearly ineffective in overcoming corruption because it does not cause a deterrent effect and it is not in line with the sense of justice that grows in society which wants the perpetrators of corruption to be given maximum criminal sanctions. Some obstacles in the effort to combat corruption can be classified into Structural, Cultural, Intsrumental and Management obstacles.

Keywords: Application, Criminal Sanctions, Criminal Actions, Corruption

Share Link | Plain Format | Corresponding Author (Metsie Metsie)


25 Governance and Anti-Corruption ABS-50

The Reconstruction of Authority to Adjudicate Unlawful Acts by the Government(Onrechmatige Overheids Daad)
Elfran Bima Muttaqin, Hamzah Halim, Aminuddin Ilmar, Kasman Abdullah

Faculty of law, Hasanuddin University


Abstract

The concern of this study was Begining with a review of Law Number 5 of 1986 concerning State Administrative Courts and it was amendments and the rules of supreme court Number 2 of 2019 concerning Guidelines for Government Action Dispute Resolution and Authority to Adjudicate Unlawful Acts by Government Agencies and / or Officials. This study aimed at Reconstruction the competence of the State Administrative Court in handling the Onrechmatige Overheids Daad (OOD) case. The method used in this study was legal research normative. The results showed that the handling of cases of unlawful acts by the government (OOD) had not fully became the authority of the judge State Administrative Court (PTUN) because not included the existence of demands restitution for injured party by government errors. Beside that the meaning of unlawful acts only was interpreted by the court judge was handling it case. so that the case should became the absolute competence of the PTUN without even had been resolved first by the State Administrative Body or Official through administrative efforts.

Keywords: Reconstruction, Onrechmatige Overheids Daad, State Administrative Court

Share Link | Plain Format | Corresponding Author (Elfran Bima Muttaqin)


26 Governance and Anti-Corruption ABS-55

The Distribution of Regional Government Authority with Village Government Based on the Principle of Autonomy
Andi Arfan Sahabuddin, Achmad Ruslan, Muh. Hasrul, Kasman Abdullah

Faculty of Law, Islamic University of Makassar
Faculty of Law, Hasanuddin University
Faculty of Law, Hasanuddin University
andiarshakaputraarsy[at]gmail.com


Abstract

The Distribution of Regional Government Authority with Village Government Based on the Principle of Autonomy




Abstract. The pattern of authority relations formed between local governments and village governments tends to be partial. The purpose of this research was to determine the extent of the distribution of authority between the Regional Government and the Village Government in the administration of government according to the principle of autonomy. This research used a normative law approach through an analysis of the applicable laws and regulations related to the implementation of Regional and Village Government. The results of this research are expected to balance the distribution of authority between regional government and village government. So that, every action that involves local government and village government is a legal action according to the concept of authority which refers to legislation. Authority means meaning if it is reviewed juridically, it relates to the rights and obligations of the regional government and village government which are legal in the view of the law, but when it was viewed from the point of view of the concept of a rule of law (rechstaat) then all forms of authority of the regional government and village government must comply with the principle of legality.

Keywords: Autonomy, Authority Relations, Regional Government, Village Government

Keywords: Authority Relations, Autonomy, Regional Government, Village Government

Share Link | Plain Format | Corresponding Author (andi arfan sahabuddin)


27 Governance and Anti-Corruption ABS-79

Liability of State Owned Holding Company in facing the Impact of Covid-19 Pandemic
Yessi Serena Rangkuti, Bismar Nasution, Hikmahanto Juwana, Mahmul Siregar

Universitas Sumatera Utara


Abstract

Covid-19 is declared as World Pandemic by WHO and non-natural disaster by Indonesia. Indonesia has reached 333.000 covid-19 cases per 11 October 2020. The increasing number of covid-19 cases is resulting in exhaustion of patient shelters. With no vaccine and medicine, physical distancing is the most effective method to prevent the cases from increasing. Physical distancing is resulting in economic aftermath. Handling the impact of covid-19 is implemented under Presidential Decree number 11 and 12 of 2020. State Owned Holding Company (SOHC) established to manifest the command of Article 33 Indonesian Constitution has moral obligation to handle covid-19 impact. Various attempts are made in respond to people suffering because of the pandemic. Normative legal research is used by collecting literatures, regulations, and updated news online and printed to answer how SOHC assists in handling the covid-19 impact. The research shows that SOHC maintains the health, social safety and purchasing power or anything related to business. Each sector of SOHC is functioned as Public Service Obligation (PSO) in handling the covid-19 impact. Indonesia must create decent legal construction in SOHC looking at the attempts made to manifest Article 33 command in handling the impact of covid-19.

Keywords: SOHC- public- service

Share Link | Plain Format | Corresponding Author (Yessi Serena Rangkuti)


28 Governance and Anti-Corruption ABS-81

A Comparison of Indonesia and Malaysia Legal Responses in Handling Covid-19
Bambang Antariksa (1), Yuliandri (2), Eddy Purnama (3), Faisal Akbar Nasution (4)

Universitas Sumatera Utara


Abstract

Covid-19 pandemic has become a global threat. The spread of the virus reaches Indonesia and Malaysia. The response to Covid-19 has been governed by Indonesia and Malaysia laws and legislation. Malaysia has been more successful in handling Covid-19 than Indonesia. This paper aimed at assessing why was the legal response of Malaysia more successful in handling COVID-19 than that of Indonesia? This research used a normative legal method. The results revealed that (1) Indonesia and Malaysia issued new laws and regulations, but Indonesia uses a health and disaster management approach, whereas Malaysia uses a health and law enforcement approach- (2) The structure for handling Covid-19 in Indonesia is performed by the Covid-19 Task Force, while Malaysia is carried out by The National Security Council- (3) Indonesia imposes large-scale social restrictions, whereas Malaysia enforces the Movement Control Order. This paper argues that Malaysia^s legal response through a health and law enforcement approach performed by The National Security Council has been more successful in reducing the number of victims and the spread of Covid-19. Indonesia can emulate Malaysia by using a law enforcement approach to dealing with Covid-19 in addition to a health and disaster management approach.

Keywords: Comparison, Indonesia, Malaysia, Covid-19

Share Link | Plain Format | Corresponding Author (Bambang Antariksa)


29 Governance and Anti-Corruption ABS-89

Empowering National Social Security System to Overcome Damages of Pandemic Corona Virus Disease 2019
Agusmidah, Ningrum Natasya Sirait, Asri Wijayanti, Abdul Khakim, Joko Ismono

Universitas Sumatera Utara, Universitas Sumatera Utara, Universitas Muhammadiyah Surabaya, Perhimpunan Pengajar dan Praktisi Hukum Ketenagakerjaan Indonesia (P3HKI), Universitas Wijaya Putra Surabaya.


Abstract

Indonesia already have juridical basis for social security before Act No. 40/2004 about National Social Security System (SJSN), therefore Act No. 13/2003 about Labour, and Act No. 11/2009 about Welfare. Act as mandated by constitutional to form a welfare state under developing national security system for all citizen (Principle 34 section 2 under Indonesia^s Constitutional 1945). The main problem is on the NSSS availability programs under Act No. 40/2004 and Act No. 24/2011 about Social Insurance Administration Organization (BPJS). Those are limited with Employment Injury Security, Death Security, Old-Age Security, and Pension Security segmentatively based on profession and jobs, as National Health Security has not solved citizen data in order to get universal coveredge. When Covid-19 occurred, it shows that Indonesia^s SJSN could not sustains every jobless people^s security. This normative research with secondary data and statutes approaches have discovered legal problems and provide legal solutions in middle term and long term for government to empower SJSN. The purpose are to face every damages happened after Covid-19 and achieve a sustainability system in SJSN.

Keywords: SJSN- BPJS- Covid-19- Social Security

Share Link | Plain Format | Corresponding Author (Agusmidah Agusmidah)


30 Governance and Anti-Corruption ABS-98

committing a criminal act of corruption in indonesia during the 2019 corona virus disease
ismail (a),Edy Warma (b),Mardiasa Ablissar (c),Agusmidah (d)

Universitas Sumatera Utara


Abstract

Indonesia is one of the statesthat got impact from Covid 19. In handling prevention of Covid-19, aid has been distributed by central government to local government. Types of aidare president^s social aid, provincial social aid, district social aid and village fund. The issue is the central government is lack of data completion, that cause imbalance in receipt and inappropriate aidforsociety. The mitigation of corruption in mens rea issue in Indonesia is uneven. Some law enforcers do, some do not. The methodology uses in study of normative law, data is collected from document study or library. The result show that enforcers only see the evidence from constitution and put mens rea inconsidereted. Criminal act must consist of two elements, actu reus and mens rea. Pesidential decree number 11 of 2020 about medical emergencies of public health for Covid 19 case, presidential decree number 12 of 2020 about handling non- eco disaster in spreading of covid 19 have made the reduction of corruption increasingly emphasized. Law enforcers must be firm in dealing with coruption acta in social aid for people affected Covid 19. It should be seen with law also mens rea.

Keywords: Evidence, mens rea, corruption.

Share Link | Plain Format | Corresponding Author (Ismail Ismail)


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