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31	Governance and Anti-Corruption	ABS-99
CRITICAL REVIEW ON THE APPRORIATENESS OF THE ADJUSTMENT OF VILLAGE FUND FOR DIRECT VILLAGE FUND CASH ASSISTANCE (BLT-DD) IN COVID-19 PANDEMI Dr. Mailinda Eka Yuniza, S.H., LL.M., Melodia Puji Inggarwati, S.H. Faculty of Law, Universitas Gadjah Mada Abstract The presence of Corona Virus Disease 2019 (COVID-19) has created critical problems for Village Fund (DD) management in Indonesia. Village Fund, which was previously prioritized to finance village development and empowerment of village communities, at the time of the pandemic was used for handling COVID-19 through the distribution of direct village fund cash assistance (BLT-DD). The adjustment of Village Fund for BLT-DD raises questions and controversy in the community, especially regarding the appropriateness of this choice and what is the justification. This paper will analyze the appropriateness of the government^s justification by presenting the advantages and disadvantages of reducing village funds and changing the priority of their use for the BLT-DD. Researchers will provide an overview of the benefits of village funds for community and village development and what problems might arise as a result of this policy. This research is a juridical-normative study using relevant secondary data which collected and processed through literature study and analyzed them qualitatively. The results of this study indicate that the change in village fund policy is the government^s good faith to face the pandemic. However, this is not appropriate from the perspective of the historical presence and the purpose of the village funds. Keywords: COVID-19 Pandemic,Village Fund,Village Fund Management Policy, Village Fund Priority Share Link | Plain Format | Corresponding Author (Mailinda Eka Yuniza)

32	Governance and Anti-Corruption	ABS-100
HANDLING CORPORATE CRIMES IN INDONESIA AMIDST THE COVID-19 PANDEMIC Marthin Simangunsong (a), Alvi Syahrin (b), Tan Kamello (c), M. Hamdan (d) Universitas Sumatera Utara Abstract Corporate Corruption is a concept that is important to be paid attention to, Amidst Covid-19 Pandemic, how are the settlement of criminal deeds that is conducted by corporate? This paper is intended to analyze the settlement of corporate crime in Indonesia amidst Covid-19 Pandemic. This research is using a normative method, and it has been done by literature study. Based on the Presidential decree number 11 year 2020 about the Stipulation of the Covid-19 Public Health Emergency Jo. Presidential Decree Number 12 of 2020 concerning the Stipulation of Non-Natural Disasters of the Spread of Covid-19 as a National Disaster, hopefully it makes corruption settlement to not weaken. Recent Study suggests that there is Concrete evidence that shows the settlement of corruption is still carried out amidst the natural disaster of the Covid-19 pandemic although several things need to be adjusted, such as applying the work from home method (WFH) and trial via video converence.Corruption Eradication Commission (KPK) has also issued Circular Number 8 of 2020 concerning the Use of the Budget for the Implementation of the Procurement of Goods and Services related to the Acceleration of Handling Coronavirus Disease 2019 (COVID-19). Keywords: Corporate Crime, Covid-19 Pandemic Share Link | Plain Format | Corresponding Author (MARTHIN SIMANGUNSONG)

33	Governance and Anti-Corruption	ABS-108
CRIMINALIZATION OF GRANTOR ON POWER OF THE ATTORNEY (VOLMACHT) THROUGH PARTICIPATION (DEELNEMING) IN GRANTING THE AUTHORITY Padma D Liman, Birkah Latif Fak Hukum UNHAS Abstract This paper discusses the grantor on power of the attorney (volmacht) that been convicted as a result of a criminal act committed by the power of attorney receiver. This punishment uses participation (deelneming) provisions as regulated in the Criminal Code. This paper focuses on granting the power of attorney (volmacht) at first, then followed by participation (deelneming). Lastly, discuss whether it is appropriate for the grantor to be penalized based on the provisions of participation (deelneming) as regulated in Article 55 paragraph (1) 1e of the Criminal Code, as a result of a criminal act convicted by the receiver of the power of the attorney. This research method is normative Law. The results of the study show there have been crimes against civil law, especially in terms of granting power of attorney. Theoretically, a legal relationship is subject to civil law, if there is a violation or there are parties who do not carry out what has been agreed, then it is ^a default^ that should be sued civil, not criminally. Likewise, the provisions concerning the Granting of Authorization regulated in BW (Burgerlijk Wetboek) or the Civil Code, the grantor authorized is not responsible for the actions of the power of attorney that exceed or are not in accordance with the act authorized. Keyword : - grantor the power of the attorney - Corruption Crime - participation (deelneming) Keywords: grantor the power of the attorney - Corruption Crime - participation (deelneming) Share Link | Plain Format | Corresponding Author (Padma D. Liman)

34	Governance and Anti-Corruption	ABS-110
United Nations Convention against Corruption (UNCAC) as a Tool to Overcome Cases of Environmental Corruption Birkah Latif, Juajir Sumardi, Marthen Napang, Padma D Liman, Ivan Parawansa, Audynamayasari, Kahar Lahae Fak Hukum UNHAS Abstract In an effort to eradicate corruption, countries including Indonesia have made efforts, one of which is by ratifying UNCAC through Law no. 7 of 2006. UNCAC is expected to complement the anti-corruption movement, which is still lacking from the regulation of the internal state regulations. This study aims to examine how UNCAC becomes a global instrument to prevent corruption and also to become a tool in overcoming specific corruption cases related to the environment. The method used in this study legal research normative. The results of the research show that the cases of corruption have a negative impact on the government and even the economy as well as on particular of environmental management of the state. The environment then becomes damaged and degraded by corrupt behavior that being driven by personal gain. Through this UNCAC instrument, it is hoped that law enforcement, both preventive and repressive in nature, will be able to overcome cases of environmental corruption that have harmed the state and society. Keywords: corruption, environment, UNCAC. Share Link | Plain Format | Corresponding Author (Birkah Latif)

35	Governance and Anti-Corruption	ABS-122
THE POLITICS OF CRIMINAL LAW OBSTRUCTION OF JUSTICE IN COMBATING CORRUPTION IN INDONESIA Ismail Faculty of Law, Hasanuddin University Abstract The effort to obstruct the judicial process in eradicating corruption is a new phenomenon in the criminal justice system in Indonesia. Obstruction to the judicial process is one of the inhibiting factors for the eradication of corruption in Indonesia, which is no less dangerous than material corruption. The purpose of this research is to find out and analyze the criminalization of obstruction of justice as an offense in the criminal act of corruption, to find out and analyze legal reasoning of court decisions regarding obstruction of justice, and to find and construct the ideal concept of obstruction of justice regulation in the eradications of corruption in Indonesia at the future. The method used in this dissertation research is the normative legal research method with the statutory approach, the case approach, the comparative law approach, and the conceptual approach. The result show that three has been a shift in the minds of lawmakers regarding obstruction of justice in Article 21 of Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption from the nature of the objective to the nature of the act. Legal reasoning from judges considerations in obstruction of justice cases in different from one decision to enother, there is no uniformity of views regarding the applications of Article 21 of Law Number 31 of 1999. Keywords: Obstruction off Justice, Corruption Share Link | Plain Format | Corresponding Author (Ismail Ismail)

36	Human Rights	ABS-2
SYNERGY OF GOVERNMENT AND SOCIETY IN FULFILLING THE RIGHT TO HEALTH IN THE COVID-19 PANDEMIC PERIOD Nur Arfiani, S.H., M.Si (Han) Universitas Mulia Jl. Letjen Z.A. Maulani No. 9, Kelurahan Damai Bahagia, Kecamatan Balikpapan Selatan, Kota Balikpapan, Provinsi Kalimantan Timur, Indonesia nur.arfiani[at]universitasmulia.ac.id, nurarfiani[at]yahoo.com Abstract The outbreak of Covid-19 has been spreading throughout the world and becoming an issue that has been widely discussed recently. Governments are giving their best means to determine definite policies in overcoming this outbreak by considering various aspects according to the conditions of the states. Indonesia also established a Large-Scale Social Restriction (hereafter PSBB) policy based on Regulation of the Minister of Health of the Republic of Indonesia Number 9 of 2020 concerning Guidelines for Large-Scale Social Restrictions in the Context of Accelerating Handling of Corona Virus Disease 2019 (Covid-19). After the ^new normal^, Covid-19 cases in Indonesia are increasing significantly. Government must guarantee the fulfillment of the human rights. The obligation of the Government to fulfill the right to health has an international juridical basis in Article 2 paragraph (1) of the Convention on Economic, Social and Cultural Rights. In Article 28 I paragraph (4) of the 1945 Constitution stated that the protection, advancement, enforcement and fulfillment of human rights are state^s responsibility. This government^s obligation is also emphasized in Article 8 of the Human Rights Law. Article 1 point 7 of the Health Law stated that medical service facility shall be an equipment and/or place to be used to implement medical service effort, whether to promote, prevent, cure, or rehabilitate done by the Government, regional government and/or community. To accelerate the managing of Covid-19 in Indonesia, understanding the right to health is not solely the responsibility of the state but also individuals towards others. Keywords: Synergy, Covid-19, Human Rights Share Link | Plain Format | Corresponding Author (Nur Arfiani)

37	Human Rights	ABS-3
A Dark Side Revealed: How Indonesian Tobacco Industry Uses Social Responsibility to Build Its Lethal Hegemony Saputra, Auditya Firza. a) Law and Economy Department, Post-Graduate, University of Indonesia, Central Jakarta, Indonesia. b) Jakarta Legal Aid Institute, Central Jakarta, Indonesia- Abstract With consumer numbers uprising every year, the tobacco industry is uncontestably a bonafide business for Indonesia. Retaining the only Asia-Pacific country yet accessing Framework Convention on Tobacco Control, the highly populated archipelago still lingers with a worrying smoking prevalence level, while the commodity oftentimes outnamed as the suspect behind the poverty circle. The situation worsened during the Covid-19 outbreak, as recently revealed that cardiac disease significantly increases the fatality risk of comorbid patients: excessive smoking becomes a major contributing factor. Intensely persuading youths, the subliminal tobacco advertisements always associate the product to certain social constructions, for instance, masculinity or nationalism, to be the influencing call. Encountered with the weakly enforced legal substance, low selling price, and minimum market failure intervention, the habit being seen as normal urban-lifestyle behavior. Thanks to the exaggerating narrative on tobacco excise economic contribution and philanthropic campaigns, the industry falsely admired by the public, having appeared morally supported despite all the following impact on health catastrophe. A social phenomenon, the hegemony is a complex mixture of both legal issues and socio-cultural processes. Using a socio-legal approach, this article describes critically how the industry uses the CSR campaigns, contradict to the genuine ethical principle, to create the anomaly and secure dominance. A lesson learned from the pandemic, better tobacco control instruments like FCTC is a crucial boost to recover from the situation. Keywords: tobacco industry, pandemic, CSR, hegemony. Share Link | Plain Format | Corresponding Author (Auditya Firza Saputra)

38	Human Rights	ABS-4
THE CHALLENGES IN PROVIDING EFFECTIVE PUBLIC SERVICES TO INDONESIAN SOCIETY IN THE COVID 19 PANDEMIC ERA Ampuan Situmeang, Rina Shahriyani Shahrullah, Winsherly Tan Faculty of Law, Universitas Internasional Batam Abstract Public service constitutes a series of activities to meet the service needs. The current era of the Covid-19 pandemic has caused a lot of community needs to be served, and it is coupled with the issuance of various policies from the central and regional governments, for example the instruction to Work From Home, Physical Distancing, and Large-Scale Social Restrictions for Civil Apparatus. The objectives of this study are to analyse the implementation of public services in the pandemic era and propose the solutions for the implementation of optimum public services. The study utilizes a normative legal research approach. The type of data used in the study relies on secondary data consisting of primary legal materials, namely Law No.25 of 2009 and Law Np.39 of 1999. The Welfare State Theory by Muchsan is used to as an instrument for the analyses. It asserts that the welfare of its citizens must be evenly distributed, and the state is required to provide the best possible service the communities. The results of the study have found that the people^s complaints regarding public services during the Covid-19 pandemic have significantly increased. The study claims that the solutions is to establishing a public service innovation ecosystem which includes raising awareness, improving capacity building and empowerment, integrating and facilitating quick process of services. Keywords: Public Service, Covid 19 Pandemic, Human Rights, Indonesia Share Link | Plain Format | Corresponding Author (Winsherly Tan)

39	Human Rights	ABS-5
Human Right and Indigenous Peoples: Transitional Justice Approach Safrin Salam1, A. Suriyaman Mustari Pide2, Farida Patittingi3, Sri Susyanti Nur4 1,2,3,4 Hasanuddin University, Makassar, Indonesia Abstract This research focuses on respecting, recognizing, protecting and fulfilling the human rights of indigenous peoples in Indonesia. Through a comparative law approach in European and Asian countries that have substantially recognized and protected the human rights of indigenous peoples in Indonesia. In its development in European countries, the discussion of indigenous peoples is already at the stage of regulating and fulfilling human rights. There are even special laws that regulate indigenous peoples as well as Asian countries. The Indonesian government is still at a lower level and is still debating the arrangements for the recognition of the existence of indigenous peoples. Even though the discussion of the Bill on Indigenous Peoples at the Indonesian People^s Representative Council has entered its second year (President Jokowi). Through a transitional justice approach, this article formulates the regulatory norms for indigenous peoples adopted from several laws of indigenous peoples in European and Asian countries. This is intended to provide a legal framework for the Indonesian government and the Indonesian Parliament to immediately provide legal recognition and protection for indigenous peoples in Indonesia immediately. Keywords: Human Rights, indigenous peoples, Transitional Justice Share Link | Plain Format | Corresponding Author (Safrin Salam)

40	Human Rights	ABS-6
The Right to Work as A Human Right Shinta Nurhidayati Salam, Muhammad Ashri, Abdul Maasba Magassing, Muhammad Hasrul Universitas Hasanuddin, Makassar, Indonesia shintanurhidayaty[at]gmail.com Universitas Hasanuddin, Makassar, Indonesia Universitas Hasanuddin, Makassar, Indonesia Universitas Hasanuddin, Makassar, Indonesia Abstract The right to work is one of the human rights because of work relating to the right to a decent life. limited employment opportunities open up potential and opportunities for Indonesian Migrant Workers to migrate as job seekers in other countries. This happened because of economic and social factors. This article analyzes various legal policies taken by the government in dealing with Indonesian Migrant Workers from of human rights perspective. One of the problems faced by the Indonesian government is the number of Indonesian Migrant Workers who Exceed the Limit of Stay (Overstay), so that protection efforts are needed for Indonesian Migrant Workers who exceed the time limit of stay, including guidance and supervision mechanisms, legal and consular assistance, defense of the fulfillment of the rights Indonesian Migrant Workers rights as well as diplomatic efforts granted. The concept of Diplomatic Protection, where the protection of a country for its citizens who are abroad. The consular representatives of the sending country in the receiving country have an obligation to protect its citizens and their interest. Keywords: Indonesian Migrant Workers, Human Rights, Diplomatic Protection Share Link | Plain Format | Corresponding Author (Shinta Nurhidayati Salam)

41	Human Rights	ABS-8
STATE RESPONSIBILITY FOR IMPLEMENTING SCALE OF SOCIAL RESTRICTIONS TO COMMUNITIES AFFECTED BY COVID-19 IN SURABAYA CITY Hezron Sabar Rotua Tinambunan, Hananto Widodo, Elisabeth Septin Puspoayu, Eliza Tiurmaida, and Zefanya Annabella Universitas Negeri Surabaya Kampus Ketintang Gedung K1 Jurusan Hukum Fakultas Ilmu Sosial dan Hukum Universitas Negeri Surabaya Abstract The people of Surabaya City who are affected by the determination of the Large-Scale Social Prohibition (PSBB) are quite large because some people in the City of Surabaya work on informal aspects, such as online motorcycle taxis and street vendors (PKL). The state in this case needs to step in so that it continues to provide a sense of comfort for its citizens in implementing the PSBB. The form of state interference, in this case the state^s responsibility during the Covid-19 Pandemic, of course needs to be studied. To achieve the research objectives using empirical juridical research methods. The results of this study are the state^s responsibility for the economic and social life of the people designed by the founders of the state, carried out by the state in any condition, both normal and abnormal conditions. The existence of the state^s responsibility for the economic and social life of the community, because in society there is a responsibility between the rich and the poor. State responsibility is manifested in the form of the role of the state so that social justice for all people. Keywords: Responsibility, PSBB, Covid-19 Share Link | Plain Format | Corresponding Author (Hezron Sabar Rotua Tinambunan)

42	Human Rights	ABS-12
Decision-Making in the Indigenous Group: A Case Study of Papua Latifah Buswarimba Al Hamid Mahidol University Abstract Papua is one of the provinces in Indonesia that has Special Autonomy which one of its purposes is to guarantee respect and protection toward the basic rights of the Indigenous Peoples of Papua. Since then, various projects for the utilization of natural resources in Papua have been planned and implemented that carried out in the customary territories of the indigenous peoples with limited of participation of the decision-making process to determine the land utilization. Indigenous peoples in the Tablasupa village area once reclaim their customary lands by using customary decisionmaking mechanisms. This process can also be used to see the extent to exercise indigenous peoples^ right to culture that recognized by the state. Keywords: Indigenous peoples, land rights, decision-making, investation, cultural rights. Share Link | Plain Format | Corresponding Author (Latifah Buswarimba Al Hamid)

43	Human Rights	ABS-14
THE FULFILLMENT OF RIGHT TO EDUCATION FOR CHILDREN FORCED TO WORK Nur Paikah, Achmad Ruslan, Marwati Risa, Iin Karita Sakharina Faculty of Law, Hasanuddin University, Indonesia Abstract The purpose of this research is to analyze the regulation arrangements related to the fulfillment of right to education for children forced to work. The method used in this research is empirical normative. The results shows that the regulations related to the fulfillment of right to education for children forced to work have not been able to realize equitable education for all Indonesian people due to the absence of synchronization between Law Number 20 of 2003 concerning the National Education System and the 1945 Constitution of the Republic of Indonesia. Article 31 paragraph 4 states that education is the responsibility of the government, not the people. The implementation of the 20% education budget allocation in the APBN and APBD has not been achieved, by the reason that the decentralization of education is being led to local development so as to allow the collection of education fees at the regional level, of course education becomes difficult to reach, causing the emergence of the phenomenon of children dropping out of school and forced to work. Law Number 13 of 2003 concerning Manpower as the legal basis for labor regulation in Indonesia is inconsistent in preventing children from working with the principle of permissibility and the prohibition of working children. It is certainly not in line with Law Number 20 of 2003 concerning the National Education System and the constitution. From the social aspect, poverty is the cause of the difficulty of reducing child labor. Based on the BPS data for 2019, there are 24.7 million poor people in Indonesia and it potentially increases in 2020 due to the Covid-19 pandemic. UNICEF reports that 31 percent of school children around the world have difficulty accessing the distance learning, especially for children from poor families which potentially force them to work. Based on data from KPAI of exploitation sector, it is revealed that children are forced to work in food stalls, supermarkets and doing scavenging for online Keywords: Right to education, Children forced to work Share Link | Plain Format | Corresponding Author (Nur Paikah)

44	Human Rights	ABS-17
INTEGRATING HUMAN RIGHTS INTO BUSINESS ACTIVITIES (A STUDY OF INDONESIAN RANHAM IN JOKOWI ERA) Majda El Muhtaj Center for Human Rights Studies at Universitas Negeri Medan, North Sumatra Abstract United Nations Guiding Principles on Business and Human Rights (UNGP) was adopted by United Nations in 2011. Indonesia earnestly acknowledges the existence of UNGP to be incorporated into regulations and policies which legally bind to all stakeholders. The National Action Plan on Human Rights (Ranham) as mandated by Presidential Regulation No. 75 of 2015 set action and strategy for business and human rights. To be more effective efforts, Komnas HAM and Elsam initiated the emergence of the national action plan on business and human rights (NAP) published in 2017. However, the government including local governments has not yet coordinated with the others. Indonesia still has obstacles to ensure the implementation of UNGP into business activities. This article analyses the development of human rights and business policies in Indonesia. By using UNGP and other documents both international and national related to business and human rights instruments, this article uses library research to review the Indonesian Ranham in Jokowi era. Keywords: UNGP, human rights, ranham Share Link | Plain Format | Corresponding Author (Majda El Muhtaj)

45	Human Rights	ABS-31
Data Protection of Covid-19 Patients Rifany Arbita Lubis, Tengku Keizerina Devi Azwar Universitas Sumatera Utara, Medan-Indonesia Abstract The regulation regarding the legal protection of personal data has not been specifically elaborated in the laws and regulations in Indonesia. Causing two views, The first view that data of positive Covid-19 patients should be disclosed so that residents can keep social-distancing and prevent the transmission, second view that the personal data of the Covid-19 patient are confidential information or ^exempt information^ as regulated in the Law Number 14 of 2008 concerning Public Information. This is normative legal research with the aims of providing a legal opinion regarding the legal protection of Covid-19 patient personal details to prevent them from social punishment. The findings show that the personal details of some Covid-19 patients are disclosed for public information. Consequently, the patients suffer from the social punishment that endangers their personal life and makes their immediate family as well as relatives of being ostracized. The findings suggest that there must be strict regulations regarding the legal protection of Covid-19 patient personal details so that they can securely be protected by the law since the legal protection of personal details is one of the basic human rights that must be protected by the law. Keywords: Legal Protection, Personal Data, Covid-19 Share Link | Plain Format | Corresponding Author (Rifany Arbita Lubis)

46	Human Rights	ABS-33
Overcrowding Management Policy in Indonesia in the Covid-19 Pandemic Periode Rudini Hasyim Rado Universitas Musamus Faculty of Law Jalan Kamizaun Mopah Lama Merauke, 99611 rado_fh[at]unmus.ac.id Abstract This research is focused on the overcrowding management policy in Indonesia by utilizing coronavirus disease (covid-19) pandemic momentum. The method applied in this research is an empiric juridical law method where the related laws and regulations were used as the primer data confirmed with the observation. Moreover, data analysis is based on descriptive analysis. Based on the research data, it might be concluded that the situation in the prisons before the covid-19 pandemic was nationally overcrowding in 102% and it occurred almost all over Indonesia. This overcrowding condition was overloaded and inhuman, moreover in the covid-19 pandemic period. It potentially transmits the disease to the prisoners and officers, thus assimilation policy had been applied by intention to release 40.026 prisoners. It decreases the overcrowding percentage to be 74%. On the other side policy restriction for particular crimes might provide more spaces in the prisons, even though it is hard to be considered effective because overcrowding is still being existed. Keywords: overcrowding- policy- covid-19 Share Link | Plain Format | Corresponding Author (Rudini Hasyim Rado)

47	Human Rights	ABS-34
The Fulfillment of Rights to Rehabilitation For Narcotics Abuse Prisoners During the Pandemic Period Jumriani Nawawi Psotgraduate Student of Hasanuddin University Doctoral Program of Law Science Abstract The imprisonment penalty imposed on narcotics abusers is a form of criminal law policy from Law Number 35 of 2009 concerning Narcotics which adopts a double track system. Realizing that, from a health perspective, the abusers are those suffering illness and although they are sentenced to imprisonment, they should still have a proper treatment. The prisoners abusing narcotics who are placed in Penitentiary Class II Watampone must still get their rights as prisoners as well as the right to rehabilitation. However, during the Covid-19 virus pandemic, various government efforts to minimize the spread of the virus in all aspects cause everything to be completely restricted. For this reason, the government should be able to fulfill the rights of narcotics abusers, especially the right to rehabilitation during the pandemic. By fulfilling those rights, it is hoped that the goal of saving Indonesian from narcotics abuse can be realized optimally. This research aims to identify and explain the fulfillment of rights to rehabilitation for narcotics abuse prisoners in Penitentiary Class II Watampone. This is an empirical normative law research, using primary and secondary data, and using qualitative analysis to answer the questions. Keywords: The Rights of Narcotics Abusers- Rehabilitation- Prisoners. Share Link | Plain Format | Corresponding Author (jumriani nawawi)

48	Human Rights	ABS-43
The Implementation of Customary Criminal Sanctions Viewed From a Human Rights Perspective 1Erni Dwita Silambi2A.Pangeran Moenta 3Farida Patittingi 4Nur Azisa 1234Hasanuddin University Abstract Recognition of customary courts in Papua is clearly stated in Undang-Undang Number 21 of 2001 concerning Special Autonomy This research focuses on customary criminal sanctions from a human rights perspective which aims to find out what sanctions are given to perpetrators through customary courts and also to find out witnesses of customary crimes from a human rights perspective The type of research used in this study is a combination of normative legal research and empirical legal research where normative research will analyze the rules relating to the imposition of sanctions while empirical will look for data directly in the field then the data is analyzed using qualitative methods then will be presented descriptively The results of this research are customary sanctions given to the perpetrators ranging from the lightest to the most severe, namely paying fines from wati (typical Papua plants),pets, life for life by giving a sister to the victim^s family, land as compensation. and customary sanctions that order several people to kill perpetrators who are deemed to have committed murder by means of suanggi are deemed to violate human rights so that the murderers and the village head are processed through national law. Keywords: penalty-customary crime-Human rights Share Link | Plain Format | Corresponding Author (ERNI DWITA SILAMBI)

49	Human Rights	ABS-44
Child Centered Social Policy Based on Infectious Disease Control Policy to Ensure Children Welfare Kadek Cahya Susila Wibawa (a*), Aga Natalis (b) a) Faculty of Law Diponegoro University Jalan Prof. Soedarto,S.H., No. 1 Tembalang, Semarang, 50275, Indonesia *kadekwibawa[at]lecturer.undip.ac.id b)Faculty of Law Semarang University Jalan Soekarno Hatta, Tlogosari Kulon, Pedurungan, Semarang, 59160, Indonesia Abstract Learning system in network as one of the policy to control infectious disease can cause discrimination for children in rural area of Indonesia because of the gap in facilities between the urban and the rural. This research aims to analyze the formation of a policy to control child-centered social infectious pandemics based policies in order to ensure the welfare of children. This research uses qualitative method with a normative juridical approach and descriptive-analytical research specification. The result of the research shows that to ensure the welfare of children the policy should be consulted with children. The process of consulting with children was conducted by listening to children to encourage them to participate in decision making. The aim of consultation with children encourages children and adults to collaborate as equal stakeholders. The policy has limitations such as Human Rights, Good Governance, Context and Morality. Policies with these restrictions will create circumstance that ensure adequate access for better life quality such as health facilities, food, education, non-discrimination policies, fulfillment of children^s nutrition, supervision of child protection and adequate facilities for children. Everything should be considered in a framework of infectious disease policy treatment. Keywords: Child-Centered Social Policies- Covid-19- Children Welfare. Share Link | Plain Format | Corresponding Author (Kadek Wibawa)

50	Human Rights	ABS-54
MIDWIFE LIABILITY FOR MEDICAL MALPRACTIC ACTION REVIEWED FROM CIVIL LEGAL ASPECTS Rosnida, AhmadiMiru, SabirAlwy, OkyDevianyBurhamzah Universitas Hasanuddin Abstract This study describes the actions of midwives that fulfill elements of illegal acts in medical malpractice and how the accountability of midwives in acts of medical malpractice is seen from the perspective of civil law. The purpose of this research was carried out in order to protect midwives from illegal actions in carrying out medical actions. The research method used is normative research using a statutory approach (statue approach). The results of the research analysis show that the legal responsibility of midwives in civil malpractice is in the form of violations of the provisions of Article 1365 of the Civil Code, namely Actions against the law (onrechtmatigedaad), where midwives have committed against the law because their actions are contrary to the principles of decency, thoroughness and heart attitude. -be careful in carrying out their duties. The form of responsibility for actions against the law of medical malpractice based on article 1365 BW is that it can be in the form of material and immaterial compensation, which has a close relationship between errors and losses incurred Keywords: Accountability, Medical Malpractice, Civil Law Share Link | Plain Format | Corresponding Author (Rosnida Rosnida)

51	Human Rights	ABS-57
Pre-Purchase Agreements for the Covid-19 Vaccine and its Impact on the Right to Health Dr. Josina, Augustina Yvonne Wattimena S.H.LL.M (a*)- Mariah Agnes Matakena (b*) a) Faculty of Law, Pattimura University josinaaywattimena[at]gmail.com 082187082868 b) Faculty of Law, Pattimura University mariahmatakena[at]hotmail.com 082238583220 Abstract A vaccine is a core solution to decreasing the widespread damage caused by the COVID-19 pandemic. However, the race to find a vaccine requires a large budget to finance research and development carried out by pharmaceutical companies. This funding is usually accommodated by wealthy developed nations who enter per-purchase agreements with these companies that guarantee a large quantity of the approved vaccines, honored in the agreements between these countries and the pharmaceutical companies. However this agreement blocks the access to other countries, especially developing countries to purchase the same vaccines therefore unable to fulfill their citizens^ right to health as regulated in the universal declaration of human rights and other international legal sources. In analyzing this, the method of research used is a legal normative approach by studying literary materials, international legal documents, and case studies. The conclusion of this research is that pre-purchase agreements are a right of developed nations to fulfill the right of their citizens on one perspective however on the other it violates the right of the international community, especially small and developing countries to fulfill their right to health. Keywords: Covid-19, Pre-Purchase Agreement, Vaccine, Global Public Health, Developing Nations Share Link | Plain Format | Corresponding Author (Mariah Agnes Matakena)

52	Human Rights	ABS-59
Criminal Law Policies in Fulfilling the Rights of Elderly Prisoners in Indonesia Arif Rohman (a*), Mansyur (a), Syafruddin (a) a) Law Faculty, Universitas Borneo Tarakan, Jalan Amal Lama Nomor 1 Tarakan *arifrohman_ubt[at]yahoo.com Abstract Criminal law is a formalized body of law that ensures perpetrators of crime are subject to criminal sanctions irrespective of their age. It proscribes threatening and harmful human behavior, which endangers society^s property, health, safety, and moral welfare. However, the application of criminal law also needs to pay attention to the full limitations of Indonesian citizens^ fundamental rights. Therefore, this study aims to determine the criminal law policies in fulfilling elderly prisoners^ rights in Indonesia. Data were obtained from doctrinal law research in accordance with Law No. 12/1995 and statutory regulation of the Minister of Law and Human Rights No. 32/2018. This study^s success is based on the analysis of the principle and synchronization of legal materials and obtained data. The results showed that the prison policy in Indonesia is not accompanied by the government^s seriousness in developing a more human environment for elderly prisoners. This is because not every correctional institution has infrastructure and facilities built based on regulations. Therefore, there is a need to create more specific policies for this category of people, such as parole, along with other policies suitable for those with disabilities. Keywords: Policy, Criminalization, Prisoners, Elderly, Human Rights Share Link | Plain Format | Corresponding Author (arif rohman)

53	Human Rights	ABS-61
Problems of Conflict of Norms in Judges^ Decisions on Marriage Dispensation Kattya Nusantari Putri, Arvin Hamid, Hasbir Paserangi, Oky Deviany Hasanuddin University Abstract The Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage are related to the age of marriage, the prospective groom and the prospective bride are only allowed to marry as long as they have reached the age of 19 (nineteen) years, if there is a deviation from the stipulated age, then the new marriage can take place after receiving a dispensation from the court. This study aims to design how the regulations related to marriage in particular can reduce the divorce rate, especially the underage divorce rate. The method used is a normative research method which looks at the applicable laws and regulations and their implementing regulations. The results of the analysis show that due to changes in the age limit of prospective brides and grooms from the old to the new legislation, it shows that the number of applications for dispensation of marriage is increasing and the number of underage divorces has increased, so there is a need for regulations to be the handle of judges in determine the appropriateness and readiness of the applicant for marriage. Keywords: Dispensation of Marriage, Minors, Religious Courts, Marriages. Share Link | Plain Format | Corresponding Author (Kattya Nusantari Putri)

54	Human Rights	ABS-64
Salus Populi Suprema Lex Esto: The Enforcement of Constitutional Rights in the Covid-19 Pandemic Era Dr. Sakka Pati, SH., MH Hasanuddin University Abstract The regional election in Indonesia is a manifestation of the elaboration of democratic principles as a constitutional right. The fourth batch of regional elections in 2020 has rolled out. However, ahead of the grand event, the implementation of the regional election reaps pros and cons among the public and health observers, considering the cases of Covid-19 is still rampant and eyeing public safety. This research is a normative legal research using a statute approach and a conceptual approach. The results showed that the simultaneous regional election received a rejection from several societies because it was considered to have the potential to become a new cluster of Covid-19 transmission. Hence, to respect the human rights of every citizen, the government is obliged to assess the safety of the people in the 2020 election, bearing in mind the principle of salus populi suprema lex esto, which means that people^s safety is the highest law. Keywords: Covid-19, Human Rights, Constitutional Rights, Election Share Link | Plain Format | Corresponding Author (Sakka Pati)

55	Human Rights	ABS-68
Pro and Cons Towards Work Termination during The Covid-19 in Central Java-Indonesia: Human Rights Perspective Rahayu Rahayu(a)- Pulung Widhi Hari Hananto(a)- Diastama Anggita Ramadhan(a)- Hanif Julianto Firman(a). a) Faculty of Law, Universitas Diponegoro, Jalan Prof. Soedharto No. 1, Kota Semarang 50275 Abstract Global Pandemic has become as chronic epidemic disease into society and governments over the world. Various alternative solutions and policies have been formulated to overcome and anticipate the effect of global pandemic. The severe impact incurred by this pandemic is not only against the normal life but also result in losses to the economic sector and the worst has impacted the human^s right: Economic Right. Because there is no bright spot, the Indonesian government both in central and in region such as central java would act to impose the effect of global pandemic in term of work termination. This policy is considered to be non-revolutionary and has led to a polemic in a pro and cons attitude. The starting point in work termination is against the existence of human rights violations. Many research and studies before only deliver the protection of worker during the Covid-19 without provide the human right approach and appropriate legal construction. The results of the study of this article is criticize the work termination against the economic right from the human right perspective and provide an option in the form of legal construction. Keywords: Pros and Cons- Work Termination- Covid-19- Human Rights Share Link | Plain Format | Corresponding Author (Diastama Anggita Ramadhan)

56	Human Rights	ABS-69
FULFILLING THE RIGHT TO FREEDOM OF CHOOSING A RELIGION OR ACHIEVING A BELIEF IN INDONESIA (THE IMPLEMENTATION ON THE RATIFICATION INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS) Iin Karita Sakharina, Aidir Amin Daud, Hamzah Halim, Muh. Hasrul, Kadarudin, Wahyudi Pratama, Anif Laila Sahir UNIVERSITAS HASANUDDIN Abstract The Indonesian government has ratified the International Covenant on Civil and Political Rights through Law Number 12 of 2005 as a form of respect for the fulfillment of human rights, this Covenant includes and includes the civil and political rights of every citizen, including the right to freedom of choice. religion or a certain belief that has been recognized in principle by the international community. This regulation adds to the states obligation to ensure the safety and sustainability of choosing a religion or belief, implementation and dissemination carried out in public or closed places so as to prevent violations of the right to freedom to choose a religion or belief. This paper will discuss and describe the implementation of the right to freedom of religion and adherents of belief in Indonesia, especially in Sidrap district, South Sulawesi- who adhere to the Tolotang belief. The type of this research used normative legal research with a statue approach. The result of this research is that Tolotang adherents get privileges, and the implementation of constitutional court rulings formally applies both with the granting of freedom to Tolotang believers to choose religion, and the final decision of the Tolotang-adherents is to remain in Hinduism. Keywords: Freedom of Belief, ICCPR, Ratification, State Obligation Share Link | Plain Format | Corresponding Author (Iin Karita Sakharina)

57	Human Rights	ABS-70
Legal certainty for the release of customary land in the investment sector based on local wisdom from a human rights perspective Yuldiana Zesa Azis, Anwar Borahima, Muhammad Ashri, A. Suriyaman Mustari Pide Universitas Hasanuddin Abstract The rights of indigenous peoples in Papua are clearly stated in Article 18b of Law Number 21 of 2001 concerning Special Autonomy. This research focuses on the legal certainty of releasing customary land by customary communities to investors in the investment sector in Merauke Regency. The legal certainty of releasing customary land in the field of investment based on local wisdom is viewed from a human rights perspective which aims to find out how the process of releasing customary land and how the legal certainty of releasing customary land in the investment sector is viewed from a human rights perspective. The type of research used in this research is a combination of normative legal research and empirical legal research where normative research will analyze the rules relating to the imposition of sanctions, while the empirical will look for data directly in the field then the data is analyzed using qualitative methods furthermore. will be presented descriptively. The result of this research is that the release of customary land has not provided legal certainty for investors, this is due to overlapping compensation for land acquisition and uncertain customary rights recognition because there has been no participatory mapping of customary land and unclear land boundaries, then In the human rights perspective, there is legal protection of the rights of indigenous peoples through local wisdom, namely the process of releasing customary land by agreement, conducting gatzi ceremonies, slaughtering pigs, and distributing pigs to indigenous peoples. Keywords: legal certainty, investment, local wisdom, human rights. Share Link | Plain Format | Corresponding Author (Yuldiana Zesa Azis)

58	Human Rights	ABS-76
RESTRICTION OF THE RIGHT OF FREEDOM OF MOVEMENT IN THE PANDEMIC COVID-19 IN HUMAN RIGHTS PERSPECTIVE Eka NAM Sihombing (a*), Cynthia Hadita (b) a) Faculty of Law, Universitas Muhammadiyah Sumatera Utara, Medan-Indonesia, Jalan Kapten Muchtar Basri No.3, Medan 20238, Indonesia *ekahombing[at]umsu.ac.id b) Master Program in Law, Universitas Sumatera Utara, Jalan Dr. Mansyur No.58, Medan 20153, Indonesia Abstract The problem of limiting the right to move during the covid-19 period by Singapore, Saudi Arabia, Japan, Australia and New Zealand, China and Hong Kong, and Taiwan which has isolated their countries absolutely or the large-scale social restrictions imposed in Indonesia need to be studied from a legal and human rights perspective. The method used in this paper is a normative juridical legal research, using an approach to legal principles and statutory regulations. The aim of this research is to create a universal perception that restrictions on the right to move during a pandemic from a human rights perspective. The results of the research show that restrictions on the right to movement and movement, both implemented nationally and internationally (by other countries), contradict human rights and several laws and regulations in Indonesia and also violate international agreements. Keywords: Limitation, Move, Right, Covid-19. Share Link | Plain Format | Corresponding Author (Eka NAM Sihombing)

59	Human Rights	ABS-92
CHILD PROTECTION CHALLENGES DURING COVID-19, SOCIAL WORKERS PERSFECTIVE Rosmalinda (a*) Ningrum Natasya Sirait (a) Muldri Pudamo James Pasaribu (a) (a) Universitas Sumatera Utara, Medan-Indonesia, rosmalinda[at]usu.ac.id, rosmalindarohan[at]gmail.com Abstract The Indonesian Pediatric Society (Ikatan Dokter Anak Indonesia-IDAI) states on July 20, 2020, there were 2,712 children confirmed positive for Covid-19 and 51 children have died. There are 70% of children who died were in the age of less than 6 years. The Covid-19 pandemic becomes unpredictable in the Child Protection program. The child protection institutions both governments and NGOs have taken some actions to respond to pandemic Covid-19. This study applied empirical normative methods to answer research questions on the challenges encountered by child protection social workers during the Covid-19 pandemic? The results found that child protection social workers face several challenges, namely: (a) personal challenges in adapting the new normal, (b) Institution^s policies- and (c) the child and his/her family. The conclusions shown that there are three challenges existed in child protection during the Covid-19 pandemic in the perspective of social workers such as social workers internal issues, institutional policies and assistance groups which include children and families. This study recommends that the Indonesian government need to raise its awareness on the social workers^ issues when implementing child protection program on adapting to the new habits of Covid-19 Keywords: Child- Protection- Covid-19- Social- Workers Share Link | Plain Format | Corresponding Author (Rosmalinda Rosmalinda)

60	Human Rights	ABS-97
LEGAL PROTECTION OF CHILD ARTISTS FROM ECONOMIC EXPLOITATION John Peter Waruwu (a), Ediwarman (b), Madiasa Ablisar (c), Mohammad Ekaputra (d), Rony Andre Christian Naldo (e) UNIVERSITAS SUMATERA UTARA, MEDAN, INDONESIA Abstract As a rule of law, Indonesia recognizes and protects human rights (HAM), and it is the government^s obligation to protect human rights. Child artists as children have various rights of children, which are part of human rights, which must be respected by everyone in an orderly life in society, nation and state. One of the rights of a child artist is the right to get legal protection from the government for acts of economic exploitation. Actions of economic exploitation of child artists who were exploited by parents and / or entrepreneurs during the Covid 19 period are prohibited actions, which can endanger the growth and development of young artists. This research discusses the concept of legal protection for young artists from acts of economic exploitation. This research is prescriptive, using normative methods, with a statutory approach. The results of the study concluded that there were vertical and horizontal conflicts in the laws and regulations regarding the concept of legal protection for young artists from acts of economic exploitation. Keywords: PROTECTION, CHILD ARTISTS, EXPLOITATION Share Link | Plain Format | Corresponding Author (John Peter Waruwu)

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