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61 Human Rights ABS-109

Reasonable Accommodation and Support for Inclusive Education in Indonesia
Mutiah Wenda Juniar, Baso Amang

Universitas Hasanuddin
Universitas Muslim Indonesia


Abstract

Providing reasonable accommodation and support are one of the keys to implement inclusive education as mentioned in Article 24 CRPD. Thus, this research aims to find out how far the efforts Indonesia has implemented to embody inclusive education and the issues Indonesia has to encounter in implementing inclusive education. This research used literature research method which analyze literatures, regulations and other documents about reasonable accommodation for inclusive education in Indonesia. This research found out that Indonesia has shown some efforts to provide reasonable accommodation by adopting Law Number 8 Year 2016 regarding person with disabilities and Individual Education Plan (IEP) program. However, the implementation has not been success due to several issues such as the lack of support materials, inadequate number of teachers and lack of accessible places.

Keywords: Reasonable Accommodation, Support Measures, Inclusive Education

Share Link | Plain Format | Corresponding Author (Mutiah Wenda Juniar)


62 Human Rights ABS-111

RIGHTS OF SUSPECTS AND ACCUSED IN THE PROCESS OF THE CRIMINAL JURISDICTION IN INDONESIA
Hodio Potimbang, Abdul Maasba Magassing, Syamsuddin Muchtar, Iin Karita Sakharina

Law Faculty Doctoral Study Program
Hasanuddin University Makassar


Abstract

Abstract
This study aims to analyze how the legal protection of the rights of suspects and defendants in the criminal justice process in Indonesia. The research method used is the normative legal research method and the results of the research show that the protection of the rights of suspects and defendants which has been implemented normatively through the establishment and enforcement of international legal instruments and national legal instruments is felt that it has not been fully implemented in accordance with the purpose of the formation of the Criminal Procedure Code which aims to provide protection of human rights. This is because there are still various indications of irregularities and arbitrary actions against suspects and defendants but unfortunately there are no strict sanctions for law enforcement officers who deliberately commit acts against the law in the form of physical or psychological violence which are often carried out by investigators for the sake of obtain the suspect^s confession. This research is intended so that the protection of the rights of suspects and defendants in the criminal justice process in the future can be further emphasized in the national criminal procedure law.

Keywords: Criminal Court - Defendant - Rights of the Suspect

Share Link | Plain Format | Corresponding Author (Hodio Potimbang)


63 Human Rights ABS-116

Constitutional Rights: Critical Review of Former Political Prisoners Moncongloe
Novytha Sary (a*), Muhammad Amar Maruf (a), Amaliyah, S.H, M.H (b), Riswandi J, S.Farm (c).

(a) Student of Faculty of Law, Universitas Hasanuddin, Makassar, Indonesia.
(b) Lecturer of Faculty of Law, Universitas Hasanuddin, Makassar, Indonesia.
(c) Activist & Pharmacists, Universitas Indonesia Timur, Makassar, Indonesia.


Abstract

This study aims to analyze what rights are not fulfilled for former political prisoners from the Indonesian Communist Party (PKI) after their release by taking cases on the political prisoners community in Moncongloe, and to provide legal protection and recognition of the constitutional rights of former political prisoners. The method used is the socio-legal method, namely normative research supported by field data as supporting material, but still a study of written legal norms with data collection techniques through interviews, observation, and documentation. The results of the interviews proved that the memory production of political prisoners was expressed through daily notes, letters and sketches. The results in this study indicate that after release, the problems of the political prisoners community do not end and this study indicate that the conception of human rights as regulated in the 1945 Constitution of the Republic of Indonesia is a form of guaranteeing the constitutional rights of citizens. However, its implementation at this time has never been felt by former political prisoners in the life of the nation and state. As a result, it gave birth to a marginalized community.

Keywords: Constitutionality, Former Political Prisoners, Fulfillment of Rights.

Share Link | Plain Format | Corresponding Author (Novytha Sary)


64 Human Rights ABS-120

Resolution or liability: Prisoner assimilation policies amid the Covid-19 pandemic?
Ratnawati, Amaliyah, Tenri Famauri, Musakkir, Eka Merdekawati Djafar, Habibul Quran, Fhildzhan Zhafirin

Faculty of Law Hasanuddin University


Abstract

Corona virus is a new type of coronavirus that is transmitted to humans. The corona virus case in Indonesia was first confirmed in March 2020 which was announced by the President through the Head of the National Disaster Management Agency pursuant to the Law Number 24 of 2007 concerning Disaster Management. To date, positive cases of the corona virus in Indonesia are very high, amounting to 333,000 (in September 2020) people who have tested positive for the corona virus, seeing this the government issued a policy to cut off the path of release of prisoners through assimilation. On the other hand, some of the prisoners who have been released are proven to have committed crimes again such as robbery by far. Recidivists or recurring criminals do not only cause ^Fear of Crime^ in society. However, the stigmatization related to the released prisoners is likely to be rejected by the community and even the prisoners^ families. The purpose of this scientific journal is to study the controversy over the release of prisoners based on juridical reasons along with considerations related to the release of prisoners in the midst of the Covid-19 pandemic. The conclusion of this scientific journal is that currently the public is not only concerned about the Covid-19 outbreak which is spreading rapidly, but also with the problem of assimilating prisoners who commit repeated crimes or recidivists. According to the crime statistics recorded by the National Police Headquarters, the crime rate in the midst of the pandemic increased to 7.04%, it is further detailed that the data on assimilated prisoners who committed crimes were recorded as 160.

Keywords: assimilation- covid-19- policy- prisoners resolution or liability.

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


65 Investment and Settlement Disputes ABS-7

The Corporate Rescue for Companies during the COVID-19 Pandemic in Indonesia: Prospects for the Concept of Deeds of Arrangement and Administration Order
Fl. Yudhi Priyo Amboro

International University of Batam
Jalan Gajah Mada, Batam, Indonesia
yudhi.amboro[at]gmail.com


Abstract

The COVID-19 pandemic has an impact to all countries, including Indonesia. This raises the problem of default debt. Rather than bankruptcy and suspension of payment (PKPU), it is better to look an alternative that become a savior for the company. This research explores the concept of Deeds of Arrangement and Administrative Order according to British law, and looking at the prospects for the concept of Deeds of Arrangement and Administrative Order for Indonesia. It is a normative juridical research, and it was processed with a qualitative approach supported by a comparative legal analysis. The conclusions of this research show that the concepts of the Deeds of Arrangement and Administrative Order are similar to the bankruptcy and PKPU schemes also have differences. The concept of the Deeds of Arrangement which is a contractual non-litigation and the Administrative Order which provides a better corporate management role, is the right solution during the COVID-19 pandemic rather than bankruptcy and PKPU, as well as other litigation. The temporary character of the COVID-19 pandemic condition is the basis of this thought, so a solution concept that leads to maximization of the corporate rescue rather than liquidation, is needed.

Keywords: Debt , Insolvency, Corporate Rescue, COVID-19 Pandemic

Share Link | Plain Format | Corresponding Author (Fl. Yudhi Priyo Amboro)


66 Investment and Settlement Disputes ABS-27

THE FORM OF DISPUTE SETTLEMENT IN INVESTMENT REVIEWED FROM ASEAN COMPREHENSIVE INVESTMENT AGREEMENT (ACIA) AND ITS IMPLICATIONS TO INDONESIA
Delfiyanti

Andalas University


Abstract

By the blueprint of ASEAN Economic Community 2015, it is arguing that ASEAN intend to realize the free single market on capital investment of the member states. By the reason, the comprehensive agreement on investment known as ASEAN Comprehensive Investment Agreement (ACIA) 2009 was executed. It is involves comprehensive investment in ASEAN to establish ^an open and free capital investment regime^ for support of economic development in realizes the social welfare. In other side, Indonesia was executing the Capital Investment Law, Act No.25 of 2007 on regulation of investment in Indonesia. The study intends to analyze an implementation of ACIAs policy on dispute settlement of investment in Indonesia. ACIA intend to create the free and open capital investment regime in ASEAN by progressive liberalization on regimes in the member states to obtain the final destination of economic integration in ASEAN Economic Community. It is important to Indonesia as there is an opportunity in use the cooperation to improve and developing an economy of Indonesia. There is a challenge, however, in harmonize the legal admission of capital investment in Indonesia between Act No. 25 of 2007 and ACIA. In this case, in correlation with capital investment that will be established and the dispute of settlement for the future, the legal harmonization is important absolutely.

Keywords: Dispute Settlement- Investment- ACIA and Indonesia.

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


67 Investment and Settlement Disputes ABS-58

The Interpretation of Public Policy Concept on the Recognition and Enforcement of International Arbitral Awards: A Challenge to Indonesian Courts
Mutiara Hikmah- Dinda R. Himmah

International Law Department, Faculty of Law, University of Indonesia, Indonesia


Abstract

Towards 40 years of ratifying the New York Convention of 1958, international arbitral awards should have been eligible to be recognized and enforced in the territory of Indonesia. Based on the principle of reciprocity, this is as the legal consequence of the ratification. However, case laws show that the Indonesian courts tend to refuse or annul the recognition and enforcement of international arbitral awards within its territory. One of the most frequent considerations taken by the courts is on the basis of public policy concept. Both of the New York Convention of 1958 and the Indonesian Arbitration Law No. 30 of 1999 do not provide a clear definition regarding to the public policy concept. In consequence, it becomes a huge challenge to the Indonesian courts in interpreting the concept of public policy relating to the scope of the execution of international arbitral awards. This article would examine the perspective of Indonesian courts towards the public policy concept, especially at the legal situation in which Indonesia has been known as an unfriendly country in executing international arbitral awards. Moreover, the current situation of COVID-19 pandemic also has given more challenge to such legal problem. The research would be conducted by literature studies as well as the analysis of cases decided by the Central Jakarta District Court as the competent court in the Republic of Indonesia.

Keywords: International Arbitration, Recognition and Enforcement of International Arbitral Awards, Public Policy.

Share Link | Plain Format | Corresponding Author (Dinda Rizqiyatul Himmah)


68 Investment and Settlement Disputes ABS-115

Separability Doctrine in Arbitration Agreement (A Comparative Study)
Winner Sitorus

Faculty of Law, Hasanuddin University


Abstract

This paper discusses the status of the separability doctrine in arbitration based on Indonesian arbitration law and the provisions of arbitration law internationally. The legal issues discussed are what constitutes the justification so that the arbitration agreement does not become canceled even though the main agreement is canceled- whether the arbitration agreement is an integral part of the main agreement- and whether the arbitration agreement is not canceled even though the main agreement is canceled based on the separability principle, this applies to all principal agreements. This paper is based on normative legal research. To analyze and answer the legal issues above, the author uses a statutory approach, a case approach, and a conceptual approach. This study concludes that the application of the separability doctrine has a fairly strong justification, namely the parties^ intention to resolve disputes arising from the main agreement through arbitration, including disputes regarding the validity of the main agreement. The separability doctrine applies only if the main agreement in question is nullified or canceled, and does not apply if it concerns the invalidity of the arbitration agreement itself, which is the court^s authority to determine. Recognition of the application of the separability doctrine in legal practice in Indonesia still requires more recognition through court decisions, especially at the Judex Factie level.

Keywords: Arbitration, Agreement, Cancellation, Separability

Share Link | Plain Format | Corresponding Author (Winner Sitorus)


69 Investment and Settlement Disputes ABS-121

THE ESSENCE OF MEDITATION AS ONE SETTLEMENT OF INDUSTRIAL RELATIONS DISPUTES
Syamsuddin Nur, Musakkir, Marwati Riza, Hasbir

Universitas Hasanuddin


Abstract

Mediation is an attempt to resolve disputes between the parties by agreement together through mediators who are neutral. The issue of disputes in the field of employment was a problem faced by almost all countries in the world.

This research aimed at analyzing and finding out the essence of meditation as an option in settlement of termination of employment in South Sulawesi , Analyzed and identified the role and function of the mediator in settling disputes over termination of employment, mapping the success rate of mediation in resolving disputes in employment relations.

The method employed in this research were a normative research and empirical research (sociology of law) by statute approach (statuta approach), conceptual approach,historical approach and comparative approach.

The result showed that the occurrence of problems related to employment because of job opportunity were getting smaller , while the population continues to increase , basic rights and normative rights employment was not guaranteed and discrimination in the workplace, low wage rates, insufficient health insurance, Accident Insurance that was not optimal, unsatisfactory Old Age Security and termination of employment.Therefore the most appropriate choice in settlement of termination of employment in South Sulawesi was through mediation between workers and employers who were able to provide a sense of justice, certainty and benefit for all parties (win-win solution)

Keywords: The Essence, Employment Relationship, Mediation, Dispute

Share Link | Plain Format | Corresponding Author (Syamsuddin Nur)


70 Investment and Settlement Disputes ABS-124

THE IMPLEMENTATION OF THE VALUE OF JUSTICE IN RESOLVING CONSUMER DISPUTES IN INDONESIA DURING THE COVID-19 PANDEMIC
Sri Wahyuni1, Efa Laela Fakhriah2, Anita2, Sonyendah3

1Universitas Bhayangkara Jakarta Raya - Indonesia
2Universitas Padjajaran - Indonesia
3Universitas Tama Jagakarsa - Indonesia


Abstract

The value of Justice is an important and mandatory thing, not only justice for every individual in order to fulfill individual rights. Justice must be understood as equality in law and in obtaining justice for the parties in solving problems, especially in resolving consumer disputes. The purpose of this study is to analyze the implementation of the value of justice in resolving consumer disputes in Indonesia during the Covid 19 pandemic. This study uses a qualitative normative legal research method that refers to the source of Indonesian state law, the 1945 Constitution, Law Number 8 of 1999 concerning Protection. Consumers, Cases, Legal Journals, Books. The results of this study indicate that the implementation of the value of justice stated in the source of the Republic of Indonesia law in resolving consumer disputes during the Covid 19 pandemic can be a reference basis for the disputing parties.

Keywords: Value of Justice, Dispute Resolution, Consumers,

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


71 Maritime, Environment and International Policy ABS-21

The Urgency of International Instruments Regarding Cyber Attacks Indicated as an Aggression Crime in Asean
Maskun, Achmad, Naswar, Hasbi Assidiq, Armelia Safira, Nur Halima Lubis

Faculty of Law, University of Hasanuddin


Abstract

The development of technology in the 21st century is currently bringing changes to human life, because most human activities in the cyber times are a challenge for every country in the world today. Cyber-attack is a crime that develops rapidly in line with the development of information, communication and technology. Based on the impact, cyber-attack can be indicated as a crime of aggression. The focus of this research is to identify the urgency of regulating cyber-attacks indicated as a crime of aggression and find out to what extent the international community has made cyber-attack to be a new focus of contemporary crime studies which are indicated as the crime of aggression. This type of research is normative legal research with qualitative data analysis which contains the urgency of international regulations related to cyber-attack with indications of crime of aggression. The conclusion from this research is that international cooperation is needed in order to realize international legal arrangements that are universally respected and recognized by the international community regarding cyber-attack and their handling as crimes that can indicate crimes of aggression.

Keywords: International Law - Cyber Attack - Aggression Crimes - ASEAN Cooperation.

Share Link | Plain Format | Corresponding Author (Hasbi Assidiq)


72 Maritime, Environment and International Policy ABS-26

ILLEGAL FISHING BY FOREIGN VESSELS AGAINST FISH RESOURCES IN SULAWESI SEA WATERS, INDONESIA
Yulia 1, Siti Zubaidah 2, Batara Surya 3, Hamsinah 4, Hastrie Ainun 5

1 Department of International Law, Faculty of Law, University Bosowa Makassar, Indonesia.
E-mail: yulia.hasan[at]universitasbosowa.ac.id and yuliahasn[at]gmail.com
2 Department of Criminal Law, Faculty of Law, University Bosowa Makassar, Indonesia
E-mail:siti zubaidahjalal[at]gmail.com
3 Departement of Urban and Regional Planning, Faculty of Engineering, University Bosowa Makassar, Indonesia.
E-mail: bataraciptaperdana[at]yahoo.co.id
4 Department of Environmental Chemistry, Faculty of Engineering. Bosowa University Makassar, Indonesia.
E-mail:hamsinaruslan569[at]gmail.com
5 Department of International Law, Faculty of Law, Bosowa University Makassar, Indonesia.
E-mail: hastrieainunnab[at]gmail.com.


Abstract

During the pandemic, illegal fishing is still happening The lack of strict supervision and limited availability of facilities and infrastructure causes fish resources in the territorial waters of a country and especially in Indonesia to have the potential to be looted by foreign vessels by using their technology. The research questions :- (i) how the law enforcement against illegal fishing in terms of international and national laws, and (ii) how the law resolution against illegal fishing in Sulawesi Sea. Data obtained through qualitative analysis methods as a research procedure that present data sourced from in-depth interviews for selected informants and written sources using the normative-empirical approach method. The results of research indicated that law enforcement against illegal fishing refers to the provisions of Indonesian national law based on international treaties, but law enforcement not yet had an impact on reducing illegal fishing. Legal settlement of illegal fishing can be carried out by binding international agreements with neighboring countries whose fishing boats carry out illegal fishing in the fishing area. It recommends a legal settlement against illegal fishing by foreign vessels in Sulawesi Sea in order to create an independent, advanced, strong and national interest-based Indonesian marine and fisheries sector.

Keywords: Fish resource-foreign vessel-illegal fishing-Indonesian waters

Share Link | Plain Format | Corresponding Author (Yulia Hasan)


73 Maritime, Environment and International Policy ABS-28

The Application of The Cabotage Principle in Shipping Transportation to Support Indonesia to become A World Maritime Axis
Aflah, Hasim Purba, Suhaidi, Mahmul Siregar

Universitas Sumatera Utara


Abstract

Indonesia is designated as an archipelagic country as well as a maritime country by the United Nations Convention on the Law of the Sea (UNCLOS) 1982. The current government aspires to make Indonesia the world^s maritime axis country as outlined in Act No. 17 of 2005 concerning the Long-term National Development Plan 2005-2025, which emphasizes that within 20 years of implementation of development in Indonesia, one of them is aimed at realizing the strength and independence of Indonesia as an archipelagic country. The strengthening and independence of Indonesia as an archipelagic country was carried out by the Government by issuing Presidential Instruction No. 5 of 2005 concerning the Empowerment of the National Shipping Industry which regulates the consequent application of the Cabotage principle in shipping transportation to safeguard the sovereignty of the Indonesian sea territory. The application of the Cabotage principle supports the growth of the national shipping industry to realize Indonesia as a world maritime axis further regulated in Act No. 17 of 2008 concerning Shipping and Act No. 32 of 2014 concerning Marine.

Keywords: Cabotage principle, Shipping transportation, Maritime axis

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


74 Maritime, Environment and International Policy ABS-29

The Urgency of the Law in Building Relationship Between Humans and the Environment After Covid-19 Pandemic (A Study of Ecofeminism)
Aga Natalis (a*), Muhammad Dzikirullah H. Noho (b)

(a*)Semarang University
Jalan Arteri Soekarno-Hatta, Tlogosari, Semarang, Indonesia
(b) Diponegoro University
Jalan Prof. Soedarto, S.H., Tembalang, Semarang, Indonesia


Abstract

The dualistic relationship of humans and the environment which is being maintained by law, leads to human domination of the environment, as in the case of Covid-19 which is a zoonosis, its appearance is a sign of a problem in the relationship between humans and the environment. This study aims to analyze the laws that set the relationship between humans and the environment in Indonesia during this time and analyze the urgency of the law in building relationship between humans and the environment after the Covid-19 pandemic in the ecofeminism approach. This research uses quantitative methods with a normative juridical approach. The result of the research show that the law that regulates the relationship between humans and the Indonesian environment is not currently able to embrace all components of life. The laws regulating the relationship between humans and the environment do not prohibit human exploitation of the environment. The urgency of the law in building between humans and the environment after the Covid-19 pandemic in the ecofeminism approach, that the laws that are formed must be based ethics of care. Ethics of care becomes an ideal understanding to respond to the current situation is the Covid-19 pandemic.

Keywords: Law, Ecofeminism, Covid -19

Share Link | Plain Format | Corresponding Author (Aga Natalis)


75 Maritime, Environment and International Policy ABS-37

ESPIONAGE ACTIVITIES BY USING OUTER SPACE
Edmondus Sadesto Tandungan, Judhariksawan, Marthen Napang, S.M. Noor

Hasanuddin University


Abstract

Outer space use by state can lead to espionage activities against the other state and potentially leading to international conflict. This study aims to construct the form of state^s responsibilities towards the use of outer space in espionage activities. This study uses a normative method with literature approach. The result of these study shows that basically espionage activities are violation of internasional law, especially violations of sovereignty principle. Therefore, the offending state must be responsible for these violations. The form of state^s responsibilities can be related to the diplomatic relation and also due to high losses inflicted on the victim^s state.

Keywords: State^s Responsibilities- Espionage- Outer Space

Share Link | Plain Format | Corresponding Author (Edmondus Sadesto Tandungan)


76 Maritime, Environment and International Policy ABS-41

Spatial Planning of Mount Bawakaraeng Water Source Area
Priya Tandirerung Pasapan, Muhammad Yunus, Abrar Saleng, Sri Susyanti Nur

Faculty of Law , Hasanuddin University , Indonesia


Abstract

ABSTRACT: The challenge of utilization of the Mount Bawakaraeng area as a source of water supply for seven regencies/cities is to perform Spatial Planning of the Mount Bawakaraeng water source area. The aim of this study is to synchronize the laws and regulations related to spatial planning in Gowa regency with the cultural principles of the Makassar people, namely punna pangadakkan tena erokku, tena kulleku in realizing the law for spatial planning in the Mount Bawakaraeng water source area, based on the Adat Sampulo Rua. The research method used is normative research with philosophical and historical approaches. The results of the research showed that the spatial planning based on the Adat Sampulo Rua has not been implemented- the exclusion of adat/local community and the absence of unity within indigenous peoples as a unique system entity in the preparation of spatial planning are the causes. The area of Mount Bawakaraeng is an important ecosystem for the availability of raw water in South Sulawesi- community participation in developing the plan, utilization and control based on local wisdom is needed, so that spatial planning policies for the water source area have positive impact to the government and society.

Keywords: spatial planning, local wisdom, water source area, mount bawakaraeng.

Share Link | Plain Format | Corresponding Author (Priya Tandirerung Pasapan)


77 Maritime, Environment and International Policy ABS-47

LAW ENFORCEMENT TO ENVIRONMENTAL DAMAGE WITH THE APPROACH OF THE QUR^AN AND ENVIRONMENTAL LAW
Asram A.T.Jadda, M. Arfin Hamid, Muhammad Yunus, Irwansyah.

Faculty of law, Hasanuddin University


Abstract

Damaging the environment was a serious violation for the continuity of human life.The objective of this study was how is the Law Enforcement Against Environmental Damage Using the Al-Qur^an Approach and Environmental Law. The method used in this study was normative law.The results showed that Al-Qur^an regulates several human behavior that could damage or trigger environmental damage,that was Human actions physically and human behavior that goes beyond the limits of religious norms and human norms. Environmental laws regulated human behavior to preserve and prohibit environmental damage.

Keywords: Al-Quran, Law, Enforcement, Damage and the Environment

Share Link | Plain Format | Corresponding Author (Asram AT Jadda)


78 Maritime, Environment and International Policy ABS-49

Legal Protection Of Marine Resources And Fishery In The Border Area Of North Borneo Province
1Sulaiman 2Farida Patittingi 3Abrar Saleng 4Kahar Lahe

1234 Hasanuddin University


Abstract

Marine and fishery resources in Indonesia, especially in the border area of North Borneo Province, basically come from the marine and fisheries sector which can be developed properly so that it can help the region to achieve economic, social and political goals. The development of the marine and fisheries sectors can also contribute to economic integrity, through increasing the production, industrial, service and self-sufficiency sectors in the maritime and border areas of Indonesia, especially in the province of North Borneo. This research uses a normative type of research using a statutory approach, a conceptual approach and a case approach. The results showed that the implementation of the principle of legal protection of marine and maritime resources in the border region of North Borneo was not optimal due to sectoral supervision, there were still supervisors who misused their duties and authority, limited funding, and legal witnesses in the form of criminal administrative sanctions did not deter the perpetrators. Therefore, another legal instrument is needed to ensnare criminals against marine and fishery resources in the border area of North Borneo Province.

Keywords: Legal Protection. Management. Marine Resources and Fisheries.

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


79 Maritime, Environment and International Policy ABS-51

The Expansion of Military Police Authority
RomeltoNapitupulu, Hamzah Halim, AminuddinIlmar, Haeranah

Faculty Of Law, Hasanuddin University


Abstract

The authority of the Military Police in investigation of militaire delict based on Law No. 31/1997 was still limited, where the Military Police cannot discontinue the investigate . The objective of this study was expaned the authority and main duties of Military Police in the Military Court system related to termination of investigation. The method used in this study was legal research normative by case study approach. The results showed that delegated authority was broader to investigator of Military Police especially the authority to stop the process of investigation was needed to realize the principles of justice and legal certainty in law enforcement within the military court. The termination of investigation carried out when there a case basically was not included in the competence of military justice.

Keywords: Military Court, Expansion of Authority, Military Police

Share Link | Plain Format | Corresponding Author (Romelto Napitupulu)


80 Maritime, Environment and International Policy ABS-56

COASTAL AREA UTILIZATION ARRANGEMENTS FOR SETTLEMENTS FOR BAJO RESIDENTS
1NURAGIFAH. 2SURIYAMAN MUSTARI PIDE. 3SRI SUSYANTI NUR. 4KAHAR LAHAE.

UNIVERSITAS HASANUDDIN


Abstract

This paper aims to know the rights to land in coastal areas that should be given to bajo tribal communities as made possible in the Regulation of the Minister of Agrarian and Spatial / Head of the National Land Agency of the Republic of Indonesia No. 17 of 2016 on The Arrangement of Land in coastal areas and small islands. The method used in this writing is the Normative method with the approach of the Legislation. The data source used is primary legal material consisting of various laws and regulations, and secondary legal materials consist of scientific works in the field of law in the form of books, journals relevant to the title. The analysis of the writing is presented descriptively i.e. explaining, deciphering and describing according to the problem that is closely related to the title. As a result of this writing it is concluded that the right to land in coastal areas should be given to bajo people as made possible in the Regulation of the Minister of Agrarian and Spatial / Head of the National Land Agency of the Republic of Indonesia No. 17 of 2016 on The Arrangement of Land in coastal areas and small islands, namely property rights to land, by using building boundaries as a benchmark for measurement.

Keywords: Coastal Areas. Settlements. Bajo Communities.

Share Link | Plain Format | Corresponding Author (Nuragifah -)


81 Maritime, Environment and International Policy ABS-94

ENVIRONMENTAL PERMITS IN THE PANDEMIC TIME COVID-19
Prastiyo Triwibowo- Alvi Syahrin- Suhaidi- Ningrum Natasya Sirait

Universitas Sumatera Utara


Abstract

During the COVID-19 pandemic, the role of all the community is urgently needed to prevent pollution and environmental damage. An instrument for preventing damage to environmental pollution is an environmental permit listed in Article 1 number 35 of Law Number 32/2009 PPLH which is further regulated in Government Regulation Number 27/2012 concerning Environmental Permits, which equates environmental documents as environmental permits and businessman actors to have them. The problem is, how are the legal arrangement and the implementation of criminalization of businessman without environmental permits. The method used normative juridical. Research results, legal arrangements related to environmental permits are in Article 1 number 35 UUPPLH and Article 1 PP. No. 27/2012 that every person conducting business is required to conduct an amdal or UKL-UPL as a prerequisite for obtaining a business activity license and the implementation of criminalization of business actors without environmental permits has bring the perpetrator to court for not having an environmental permit. The conclusion is that every businessman is required to have an environmental permit so that there are no criminal violations in Article 109 and Article 116 of the UUPPLH that the punishment can be subject to criminal sanctions.

Keywords: Criminalization- Covid-19- Environmental Permit

Share Link | Plain Format | Corresponding Author (PRASTIYO TRIWIBOWO)


82 Trade and Business ABS-9

THE LEGAL CONSEQUENCES OF OVERMACHT IN BUSINESS CONTRACTS CAUSED BY THE EMERGENCE OF CORONA 19 VIRUS
Suherman , Rouli Anita Velentina . Wicipto Setiadi

UPN Veteran Jakarta


Abstract

The Overmacht or Force Majeure clause has become a hot discussion and debate since the emergence of the corona virus has struck the world, including in Indonesia, so that it indirectly affects business activities based on contracts that have been made by the parties. The disruption of these business activities results in the failure of either party to carry out its obligations or in default. Thus, the other party can sue in a civil manner for compensation. But the party that is unable to carry out its obligations can file a defense because of an overmacht. The legal problem in this study is whether the occurrence of the corona virus in the world is an overmacht and the legal consequences of the overmacht. The research method used is normative-empirical research. In normative research, the type of data used was secondary data, which consisted of primary legal materials, secondary legal materials and tertiary legal materials. While empirical research, using primary data in the form of answers that could be obtained in the field. The specific target achieved in this research was to find out whether the legal consequences of the overmacht in business contracts caused by the emergence of the corona 19 virus.

Keywords: Overmacht, Business Contract, Legal Consequences

Share Link | Plain Format | Corresponding Author (Suherman SH)


83 Trade and Business ABS-15

EMPOWERMENT OF EMPORING FAMILY WELFARE (PKK)MEMBERS OF SUMBER KIDULVILLAGE THROUGH HOUSE HOLD WASTE-BASED CRAFT DURING COVID-19
Fadia Fitriyanti (1), Ani Yunita (2)

1.2.Faculty of Law, Universitas Muhammadiyah Yogyakarta, Indonesia.


Abstract

This program aims to empower the PKK group of Sumber Kidul Village through handicrafts with economic value based on household waste in the form of mineral water baskets and wall decorations so that they have economic value for the PKK Group in Sumber Kidul Hamlet, Kalitirto Village, Berbah District, Sleman, Yogyakarta Special Region. The method offered in the program is to provide training and assistance in making handicrafts. The training is conducted by lecturing and question and answer methods. Mentoring is carried out using the practical mentoring method. Results and discussion in the community service program based on the results of the pre-test and post-test of 34 participants in making mineral water baskets that participants can understand, master the making of mineral water basket and wall hangings. The results of the pre-test and post-test obtained an increase in understanding of how to make handicrafts in the form of mineral water baskets amounting to 59% -73%, while the results of the pre-test and post-test, the understanding of how to make wall hangings obtained an increase of 61% -64% so that it experienced a significant increase. Through this activity, the PKK members gained knowledge of skills in making handicrafts in the form of mineral water baskets and wall hangings from household waste.

Keywords: Empowerment-Housewives- Handicrafts- Waste- Covid-19

Share Link | Plain Format | Corresponding Author (Ani Yunita)


84 Trade and Business ABS-20

LEGAL ISSUES IN THE IMPLEMENTATION OF CREDIT RELAXATION POLICY IN THE BANKING SECTOR AS A COUNTERCYCLICAL IMPACT ON THE COVID-19 PANDEMIC
Rouli Anita Velentina (a)- Suherman (b) - Rohana Amelia Putri Handayani (c)

a) Universitas Indonesia,
Kampus UI Baru, Depok 16424
Indonesia

b) Universitas Pembangunan Nasional Veteran Jakarta
Jalan R.S. Fatmawati, Jakarta
Indonesia

c) Universitas Indonesia
Kampus UI Baru, Depok 16424
Indonesia


Abstract

The spread of coronavirus disease 2019 (Covid-19) has a direct or indirect impact on the financial capacity of debtors, including micro, small, and medium business debtors. This condition may disrupt banking performance, which can affect economic growth. Therefore, to encourage the optimization of the banking intermediation function, maintain financial system stability, and support economic growth, economic stimulus policies are needed as a countercyclical impact on the spread of Covid-19. OJK has issued several regulations to stimulate the banking sector. On 16 March 2020, the OJK issued OJK Regulation No.11/POJK.03/2020 concerning National Economic Stimulus as a Countercyclical Policy Impact of the Spread of Coronavirus Disease 2019 (POJK No.11/POJK.03/2020). There are some weaknesses with credit relaxation regulated in POJK No.11/POJK.03/2020. The legal question in this research is: What are appropriate legal solutions to overcome the weakness of credit relaxation regulated by POJK No.11/POJK.03/2020? This legal research employs a juridical normative method with secondary data. The secondary data consists of the applicable regulation, books, articles, and other sources. To solve the above-mentioned problems, the OJK might consider improving POJK No.11/POJK.03/2020 by providing further guidelines on the criteria of affected debtors and business sectors, and providing further guidelines on the implementation of the credit relaxation. Besides that, the OJKS needs to increase its supervisory role in monitoring the granting process of the credit relaxation and settle objections from debtors if their relaxation application is refused by the bank.

Keywords: banking, covid-19, credit agreement, credit relaxation, force majeure

Share Link | Plain Format | Corresponding Author (Rouli Anita Velentina)


85 Trade and Business ABS-23

THE USAGE OF SAVING-LOAN COOPERATIVES AS ILLEGAL BANKS IN COLLECTING FUNDS FROM THE PUBLIC IN THE FORM OF DEPOSITS AND EXTENDING ONLINE LOANS TO THE PUBLIC
Rouli Anita Velentina

Faculty of Law, Universitas Indonesia
Kampus UI Baru, Depok 16424
Indonesia


Abstract

The Investment Alert Task Force (Satuan Tugas Waspada Investasi) has discovered that some saving-loan cooperatives have offered online loans to the public. Besides that, they have collected public funds. The online loans have been increasing along with the need for public funds during the 2019 coronavirus disease (covid-19) pandemic. Collecting funds from the public in the form of deposits (simpanan) is banking activities. The cooperatives should be the pillars for the national economy. They shall uphold the values and character of cooperatives as mandated by the 1945 Indonesian Constitution. Under applicable cooperative regulation, the loan shall be only for members of cooperatives. Saving-loan cooperatives that have collected public funds in the form of deposits could be classified as illegal banks. The loss amount of community members who became victims was not small. How to properly overcome the use of saving-loan cooperatives as illegal banks in collecting funds from the public in the deposit and extending online loans? This legal research employs a qualitative normative juridical method. This research will use secondary data. To provide a deterrent effect and provide the best protection for the interests of the public, the cooperatives that collect funds from the public and extend online loans to the public should be given an administrative sanction in the form of the dissolution of the cooperatives. Besides that, those who give the order or the leader of the fundraising in the form of deposits shall be legally responsible under Article 46 of the Banking Law.

Keywords: covid-19, illegal bank, legal solution, online loans, saving-loan cooperatives

Share Link | Plain Format | Corresponding Author (Rouli Anita Velentina)


86 Trade and Business ABS-25

Protection Of Micro, Small, And Medium Business Actors From The Impact Of The Covid-19 Pandemic In Indonesia
Marwah (a*), Andi Kurniawati (a), Anwar Borahima (a), Nurfaidah Said (a)

a) Faculty of Law, Hasanuddin University
*marwah[at]unhas.ac.id


Abstract

The recognition of the Covid-19 (SARS CoV-2) outbreak as a global pandemic by WHO on March 11th, 2020, has brought impacts on various sectors including the economic sector. The Government of Indonesia is also striving to prevent the transmission of Covid-19 by establishing a large-scale social restriction policy in various regions. The determination of the large-scale social restriction policy, which requires people to undertake their activities at a distance (social distancing), has in fact caused considerable losses to Micro, Small, and Medium Enterprises (hereafter MSMEs) because the demand and purchasing power of the community has dramatically decreased. This situation makes it difficult for MSMEs actors to pay instalments for business capital loans, which has the potential to increase the number of bad loans in the banking sector. This research is an empirical law study that aims to analyze the Government of Indonesia^s policies in protecting micro, small, and medium enterprises from the impact of the Covid-19 pandemic. The results of this research indicate that the strategies that must be implemented by the government in protecting MSMEs actors from the impact of the Covid-19 pandemic are by relaxing and restructuring MSME loans, and providing stimulus in the form of working capital.

Keywords: Loan Restructuring- Pandemic Impact.

Share Link | Plain Format | Corresponding Author (Marwah -)


87 Trade and Business ABS-30

The Economic Stimulus During Covid-19 Pandemic Era on Leasing Agreement for Motor Vehicles in North Sumatera
Tengku Keizerina Devi Azwar

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


Abstract

Abstract - Finance institutions are popular for low-income people since it was more flexible in serving community needs in providing the needs of capital. This institution provides funds or capital goods by installments. In March 11, 2020, WHO stated the world is currently experiencing the Covid-19 Pandemic. This pandemic not only has an impact on increasing the number of casualties, but also socio-economic conditions. The weakening of the economy sector had disable many people to pay lease loans. The government then issued a Financial Services Authority Regulation No. 11 / PJOK.03 / 2020 Regarding National Economic Stimulus as a Countercyclical Policy on the Impact of the Spread of Covid-19. This study discuss the realization of the economic stimulus in motor vehicle lease agreements in North Sumatra using the empirical normative law method. Analyzed OJK regulations, Bank Indonesia regulations, and leasing agreements. The results show various weaknesses in the implementation of OJK regulations by various leasing companies, such as a lack of knowledge for both the leasing party and the community, and therefore those who effcected by Covid-19 pandemic cannot enjoy the bennefit of credit relaxation in question. Based on these findings, it was concluded that there needs to be better supervision and outreach from OJK on the implementation of this stimulus program, especially in the regions.

Keywords: Stimulus, economy, leasing, North Sumatra

Share Link | Plain Format | Corresponding Author (Tengku Keizerina Devi Azwar)


88 Trade and Business ABS-39

Contract Law Aspects of Jastip (Buying Service) Arrangements Outside E-Commerce Platforms: Between Convenience and Risks
Detania Sukarja

Universitas Sumatera Utara


Abstract

Jasa titip or buying service (^jastip^) is a service to buy goods from a certain place or destination based on an agreement on the price of goods and service fees. The service is usually offered through electronic media. Jastip providers are not the same with the concept of conventional personal shoppers or sales and purchase activities. Jastip is a growing business in Indonesia with profits reaching up to hundreds of millions of rupiah and many now running these businesses full time. Jastip nowadays is generally carried out through social media without a copy of written contract. Agreements are reached through direct messaging facilities. This of course has implications on the array of risks in the transaction despite the conveniences it may offer. This paper seeks to clarify the basic concept of jastip and explore the legal implications of the utilization of social media for jastip business. It lays out the contract law aspects of jastip transactions, including the legal rights and obligations of the parties, and it analyses the risks and legal challenges. By using normative research methods, this paper identifies 5 points of conclusion regarding jastip transaction through social media: (1) It is not a supply of goods, but rather a supply of service to accessed goods- (2) It is based more on trust than on a formal written contract- (3) It cannot be categorized as an electronic contract- (4) It also falls within scope of consumers protection law on the basis that the jastip providers liabilities extend to the service of purchasing goods, but not the goods themselves- (5) Risks in the transaction can be minimized by customers by doing transaction through official e-commerce platforms or opting to transact with jastip providers who provide written standard form contracts with more detailed points of agreement on the rights and obligations of each party.

Keywords: contract, electronic transaction, instagram, jastip, social media

Share Link | Plain Format | Corresponding Author (Detania Sukarja)


89 Trade and Business ABS-63

THE DEVELOPMENT OF ECONOMIC RIGHT PRINCIPLE IMPLEMENTATION OF TRADEMARK RIGHT IN THE COVID-19 PANDEMIC ERA
Najmi, Delfiyanti

Faculty of Law, Andalas University


Abstract

In accompany with the tight trading competition, it is imply that brand plays significant role to known as the special product in common and had the power and useful when it managed in appropriate. Brand is not just the word related to the product or collection only but the process and business strategy. Therefore, brand have a value and equity. Thus equity becomes important as the value to be a benchmark of product in the marketplace. However, the pandemic of Covid-19 that struck since beginning of 2020 had an enormous impact to the whole states in the world including Indonesia. The pandemic was bring worst influences to the economic and trading. The deadly disease automatically was paralyze an economy and trading. It is caused by restriction of people to drive and influences the product movement. Temporarily, export-import activities delayed as restriction of transportation entry among the states. Finally, Indonesia forced close for in and out flight of territory. The situation influence to the implementation of Economic Right of trademark right attach to the import and export products in Indonesia. By the reasons, the study categorized by, first, the development of Economic Right principle implementation of trademark right in the pandemic era. Secondly, the challenge and effort an implementation of Economic Right principle of trademark right in trading at pandemic era. The study uses normative law method by literature study of related material. The data used in research is secondary one in primary, secondary and tertiary laws. The data analysis uses qualitative and analyze the development in Covid-19 pandemic era to the implementation of Economic Right principle on trademark right.

Keywords: Development, Economic Right Principle, Trademark Right, and Covid-19 Pandemic Era.

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


90 Trade and Business ABS-65

Covid-19 Pandemic Impact on International Trade and Trade Policy on Health Protection: Seeking Balances between Protecting Health and Promoting Trade Liberalisation
Irna Nurhayati

Faculty of Law, Universitas Gadjah Mada, Jl. Sosio Yustisia No. 1 Bulaksumur Sleman D.I. Yogyakarta, Indonesia
irnafh[at]ugm.ac.id


Abstract

It is an undeniable fact that Covid-19 pandemic has been impacting on health crisis and trade issue. This covid-19 pandemic has disrupted normal trade activities among countries. International trade in goods and services have been declined because of transport and travel restriction by states government. There has been a tendency that states government apply export restrictions and import facilitations for particular products, which are not only medical equipment, but also food commodities. Indonesia, as one among other severely affected countries issues trade policies in the form of Ministries regulations. In the realm of international trade rules under the World Trade Organization (WTO), on one hand, members have rights to protect health in their territory. However, on the other hand, members have obligation to promote trade liberalisation. Thus, it is the purpose of my research to analyse whether Indonesian export restrictions and import facilitations are consistent with WTO Agreements- and to discuss on how members including Indonesia should seek balances between protecting health and promoting trade liberalization amid and post Covid-19 pandemic. Through a normative legal research by employing a qualitative analysis, it is found that, firstly, Indonesian trade measures seem do not fully comply with WTO rules, especially due to their lack of transparency. Secondly, members should consider requirements in establishing trade policy, for instance that it shall be an emergency, temporary, and transparent.

Keywords: Covid-19 pandemic, trade policy, trade liberalisation, Indonesia

Share Link | Plain Format | Corresponding Author (Irna Nurhayati)


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