C O N T E N T S
Messages from the Dean About the Conference Program Schedule ICLGG Program Schedule SMART Project Parallel Session Schedule Abstract Parallel Session 1st Day Abstract Parallel Session 2nd Day About Faculty of Law Univ. Airlangga About Universitas Airlangga Landmark of Surabaya Information
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1st International Conference on Law, Governance and Globalization | 1
Messages from the Dean
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Message from the Dean 1 International Conference on Law, Governance and Globalization (ICLGG) 15th-16th November 2017 st
On behalf of The Committee of Universitas Airlangga, I am really grateful to have this opportunity to extend our warmest welcome to all distinguished guests, plenary speakers, presenters, and participants to the opening of the 1st The International Conference on Law, Governance and Globalization (ICLGG), the Faculty of law Airlangga University. This Conference is organized by law Faculty, Universitas Airlangga. I am very delighted that all of you are among us today. First of all I would like to say "Welcome" to all Attendees over its presence in this conference. At this precious opportunity I would like to express gratitude to all the speakers in Plenary session and SMART PROJECT Team from European Union to spare priceless time to share thoughts for delivering plenary talks in this conference. Our thankfulness goes to all presenters, all participants, and distinguished guests for participating and attending this event. Our sincere gratitude goes to Universitas Airlangga, particularly to Rector and the Organizing Committee for all support to organize this fruitful event in Surabaya. Our thanks also go to all supporting institutions and media partners for their support to make this conference widely recognized. Distinguished Guests, Ladies and Gentlemen The world has been changing rapidly in the last two decades. Innovation on technology and transportation lead to globalization. The movement of goods, services, capital, and work force held easily crossing the states border in the virtue of free trade agreements. Information technology has changed the transaction manner as well as the pattern of modern society to obtain information. The free 1st International Conference on Law, Governance and Globalization | 3
flow of information lead to awareness of freedom and democracy encouraging open participation of the people in state administration. Globalization is an inevitable condition and the civilization has come to it and facing its challenges. Globalization has many facets and it may provide benefits; however on the other parts it provides legal challenges to minimize its negative impacts. This conference will discuss various legal issues from globalization, what are the challenges, its impacts, and how national as well as international stakeholders response to it in terms of policy, regulation, and other legal instruments. Internet and mobile application can draw together the owners of vehicle and passengers, creating online transportation. Pros and cons on the existing of online transportation have led many conflicts in some countries. It is regarded as illegal since it does not have license for public transportation. In addition it has problem in terms of taxes and fare, which is considered lower than conventional public transportation, thus threatening the continuance of conventional public transportation. On another aspect, financial innovation by using internet and mobile application can be an intermediary between lender and borrower, this innovation is so called financial technology (fintech) with many kinds of legal relationships which is mostly in kind of online transaction. In these new development, the government as regulator must intervene in terms of measurable policy and regulation as protection to the public interests. Climate change, population growth, and reduced of agricultural land presents its own challenges in global food demands that raise issues of food security. This issue has multidimension aspects of food availability, food access, food utilization, and food stability. In globalization, national agricultural policy, the farmer welfare vis a vis protectionism of agricultural products become main issues in international trade concerning of food security, while the use of genetically engineered food products also still debated as one way to increase agriculture products. 4 | 1st International Conference on Law, Governance and Globalization
International trade has created interdependence between countries. The free movement of goods, services, capital, and work force leads to free trade agreements both in bilateral, regional, as well as multilateral. The free trade agreements aims to reduce international trade barriers, which, if it is not fairly and measurably implemented, will have negative impacts especially to the developing countries that generally require foreign capital to drive their national economy to increase jobs rate and provide public infrastructure. Distinguished Guests, Ladies and Gentlemen This Conference is going to be our annually programme, and I have a concern that this programme will give a positive impact to law research especially in accordance with the economic and globalisation issues. Finally, I wish you a productive, successful deliberative discussion during the conference. I also wish you all a pleasant time to enjoy and have a wonderful conference as well as to experience a pleasant stay in Surabaya. Please leave here any unpleasant experience you encounter during the conference, and bring all good memories back home. Universitas Airlangga is the Incorporate Government Higher Education in Indonesia. Universitas Airlangga has been located in Surabaya City, East Java, Indonesia. Universitas Airlangga has some good relationships and responsibilities, active for supporting the Sustainable Development Goals programs for community, nation, country and the world. Please remember to visit our web site: fh.unair.ac.id. Best regard, Dean Faculty of Law Universitas Airlangga
Prof. Dr. Drs. Abd. Shomad, S.H.,M.H 1st International Conference on Law, Governance and Globalization | 5
About the Conference
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ABOUT THE INTERNATIONAL CONFERENCE ON LAW, GOVERNANCE AND GLOBALIZATION Globalization attracts dramatic change in how worlds interacts. In this interaction, fast mobility is undeniable, interests and competition are getting close, tight and varies. Globalization advances the law to change, adapt and as consequences a new institutional order arises. Most of the time, this institutional order is expressed in many approaches in the context of law even though globalization drives it to one connectivity. This expression of approaches, however, could be benefits and drawbacks at the same time due to the fact that it affects investment, democracy, international relations, corruption, terrorism and social justice. This ICLGG annual conference is expected to take place to mark any legal development in society. The theme of this year is “Law, Governance and Globalization” Within this broad conference theme, there are six chambers focusing on the following sub-themes: 1. Business, Governance, Corruption and Social Justice (also collaboration with SMART Project - University of Oslo). 2. Peace, Justice and International Organization. 3. Investment, Social Entrepreneurship and Sustainability (also collaboration with SMART Project - University of Oslo). 4. Democracy and Terrorism. 5. Law, International Cooperation and Poverty Alleviation. 6. Regionalism and Comparative Law in Asia. INVITED SPEAKERS Prof. Dr. G. Henk Addink Dr. Hayyan Ul Haq, LL.M. Prof. Sam Blay, LLB, M Int.Law, Ph.D. Prof. Dr. Tineke E. Lambooy, LL.M. Fifi Junita, S.H., C.N., M.H., LL.M., Ph.D. Assoc. Prof Gary Bell, LL.M., LL.B., BCL, BTh. Prof. Beate Sjåfjell Mr. Theodoor Bakker FCIArb 1st International Conference on Law, Governance and Globalization | 7
Program Schedule ICLGG
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Day 1, Wednesday 15th November 2017 Time 07.30-08.30 08.30-09.00
Events Registration and coffee morning Opening Ceremony: - Singing Indonesian National Anthem ―Indonesia Raya‖ - Welcoming Show (traditional dance) - Opening speech by Rector of Universitas Airlangga - Opening Prayer
09.00-12.00
Plenary Session 1 (Room: Kahuripan 300) Moderator: Nurul Barizah 1. Fifi Junita (Universitas Airlangga Faculty of Law, Indonesia) 2. Tineke E. Lambooy (Nyenrode Business Universiteit, The Netherlands) 3. Sam Blay (The Sydney City of School of Law Top Education Institute, Australia) 4. Theodoor Bakker (ABNR Counsellours at Law, Jakarta, Indonesia)
12.00-13.00
Lunch Break
13.00-15.00
Parallel Session 1.1: Legal Challenges on Information Technology Parallel Session 1.2: Rule of Law: New Paradigms on Private Parallel Session 1.3: Rule of Law: Democracy, Law Making Process, and Local Autonomy Parallel Session 1.4: Good Governance: Towards Clean Government and Corruption Eradication (Part 1) 1st International Conference on Law, Governance and Globalization | 9
15.00-17.00
Parallel Session 1.5: Good Governance: Towards Clean Government and Corruption Eradication (Part II) Parallel Session 1.6: Law and Sustainable Development Parallel Session 1.7: Legal aspects of food security
Day 2, Thursday 16th November 2017 Time 08.30-09.00
Events Registration and Coffee Morning
09.00-12.00
Plenary Session 2 (Room: XXX) Moderator: Iman Prihandono 1. G. H. Addink (Utrecht University School of Law, The Netherlands) 2. Gary Bell (National University of Singapore Faculty of Law, Singapore) 3. L. M. Hayyan Ul Haq (Universitas Mataram Faculty of Law, Indonesia)
09.00-16.00
SMART Project Seminar: Threshold and Fast Lanes on the Roads towards A More Sustainable Garment Industry
12.00-13.00
Lunch Break
13.00-15.00
Parallel Session 2.1: Water Resources, Coastal Management, and Maritime Law Parallel Session 2.2: Protecting Intellectual Properties in Globalization Era Parallel Session 2.3: Human Rights in
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Globalization Era Parallel Session 2.4: Health Law and Social Security System 15.00-17.00
Parallel Session 2.5: Legal aspects of regionalism: free trade and its challenges Parallel Session 2.6: The development of transportation law Parallel Session 2.7: Legal aspect of regionalism: international cooperation and comparative perspective
17.00-17.30
Closing: - Conference remarks - Closing speech: Dean of Faculty of Law, Universitas Airlangga
Disclaimer: The organizing committee reserves its rights to change, alter, or modify the conference schedule adjusting to the progress during the conference without any prior written notification to the participants. Any changes, alterations, or modifications on the schedule will be informed to the participants in a manner deemed appropriate by the organizing committee.
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Program Schedule SMART Project
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PROGRAM SCHEDULE SMART PROJECT Thursday, 16th November 2017 Time 08.30-09.00
Events Registration and Coffee Morning (Swiss Belinn Hotel Manyar Surabaya)
09.00-12.00
SMART Project Seminar: Threshold and Fast Lanes on the Roads towards A More Sustainable Garment Industry *Session 1
12.00-13.00
Lunch Break
13.00-16.00
SMART Project Seminar: Threshold and Fast Lanes on the Roads towards A More Sustainable Garment Industry *Session 2
17.00-17.30
Closing: Conference remarks Closing speech: Dean of Faculty of Law, Universitas Airlangga.
Disclaimer: The organizing committee reserves its rights to change, alter, or modify the conference schedule adjusting to the progress during the conference without any prior written notification to the participants. Any changes, alterations, or modifications on the schedule will be informed to the participants in a manner deemed appropriate by the organizing committee.
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Parallel Session Schedule
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Day 1, Wednesday 15th November 2017 Parallel Session Technology Room Time Moderator
1.1:
Legal
Challenges
on
Information
: Hall Diamond 1 : 13.00 – 15.00 WIB : Indriani Masitoh
1. Ida Bagus Abhimantara (Universitas Airlangga) The Consumer Protection Law Against Breach of Contract Due in Electronic Transactions 2. Hardianto Djanggih, Hambali Thalib, Hamza Baharuddin, Nurul Qamar (Universitas Tompotika Luwuk) The Legal Protection for Child Victims of Cyber Crime in Indonesia 3. Trisadini Prasastinah Usanti, Fiska Silvia Raden Roro (Universitas Airlangga) Legal Protection of the Parties of the Lending Based Finance Technology as Intermediary Institution in Indonesia 4. Anang Setiyawan (Universitas Wiraraja) Strengthening Indonesia‘s Policy on National Cyber Security to Deal with Cyber-warfare 5. Ameen Ali Talib, Chee Yuen Yew (Head Applied Projects Business School Singapore University of Social Science) A Review of Fintech Regulations in Emerging Economies Countries – China, Singapore and Hong Kong
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Parallel Session 1.2: Rule of Law: New Paradigms on Private Law Room Time Moderator
: Emerald 3 : 13.00 – 15.00 WIB : Fifi Junita
1. Erni Agustin, Oemar Moechtar, Noviana (Universitas Airlangga) The Legal Position of Children Born Out of Wedlock Recognized During a Marriage Under Article 285 Burgerlijk Wetboek After the Constitutional Court Decision Number 46/PUU-VIII/2010 2. Agus Yudha Hernoko, Erni Agustin, Faizal Kurniawan (Universitas Airlangga) Nuptil Agreements in Indonesia: A New Change in Indonesian Marriage Law 3. Oemar Moechthar, Disca Betty Viviansari (Universitas Airlangga) The Position of Beneficial Acceptance Heirs in the Settlement of Debtors' Unfulfilled Obligations 4. Rosalien van de Foort, Yuniarti, (Nyenrode Business Universiteit) The Rule of Law Concerning Incorporation Capital 5. Anita Afriana (Universitas Padjadjaran) Reflections to the Principle of Business Judgment Rules in the Indonesia‗s Company Law 6. Faizal Kurniawan, Erni Agustin, Rizky Amalia (Universitas Airlangga) Elaboration on Concepts of Restitution and Compensation as a Form of Liability in Private Law
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Parallel Session 1.3: Rule of Law: Democracy, Law Making Process, and Local Autonomy Room Time Moderator
: Emerald 4 : 13.00 – 15.00 WIB : G.H. Addink
1. Fauziyah (Universitas Muhammadiyah Jember) Principles the Rule of Law in the Settlement of the Election of Head Village 2. M. Syaiful Aris (Universitas Airlangga) Lobbyists in Legislative Process (Study Comparative in USA and Indonesia) 3. Sherly Ayuna Putri, Hazar Kusmayanti, Linda Rachmainy (Universitas Padjadjaran) Mobile Court 4. Ayu Putriyanti (Universitas Diponegoro) New Paradigm of Administrative Court in Modern Governance 5. Lailani Sungkar (Universitas Padjadjaran) Emergency Rules in Democratic Constitutionalism: The Anomaly of Government Regulation in Lieu of Law (Perppu) No. 2/2017 on Mass Organization 6. Rodiyah Tangwun, Ridwan Arifin (Universitas Negeri Semarang) The Establishment and Development of Progressive Law in Formulating Laws and Regulations in Democracy Era: Contemporary Issues 7. Radian Salman, Rosa Ristawati (Universitas Airlangga) Judging Democracy: Activism of Indonesian Constitutional Court on Election Law 8. Dhia Al Uyun (Universitas Airlangga) Reasonableness: The Argue of Constitutional Court About Neutrality Civil Servant for Good Governance 1st International Conference on Law, Governance and Globalization | 17
Parallel Session 1.4: Good Governance: Towards Government and Corruption Eradication (Part 1) Room Time Moderator
Clean
: Emerald 5 : 13.00 – 15.00 WIB : Md. Ashadujjaman
1. Rr. Herini Siti Aisyah, Nur Basuki Minarno (Universitas Airlangga) Factors Affecting the Development of Human Resources in State Financial Management to Encourage the Good Governance in Indonesia 2. Rizky Amalia, Faizal Kurniawan (Universitas Airlangga) The Principles of Sustainable Procurement in Public Contract to Streamline the Government Budget 3. Tatiek Sri Djatmiati, M. Hadi Shubhan, Bambang Suheryadi, Rr. Herini Siti Aisyah (Universitas Airlangga) Corruption Prevention Through the Inspectorate Role in the Financial Supervision in the Regional Autonomy Era in Indonesia 4. Ahmad Munir (Universitas Islam Darul Ulum) Good Governance on Tax Amnesty 5. Dri Utari Christina Rachmawati (Universitas Airlangga) Justifying Legal Politics President Joko Widodo on Combating Corruption in the Context of Good Governance (2014-2017) 6. Emanuel Sudjatmoko, Wilda Prihatiningtyas (Universitas Airlangga) Financial Balance of Central and Local Government in the Management of the Upstream Oil and Gas
Acknowledgement: This parallel session is co-organized with SMART project
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Parallel Session 1.5: Good Governance: Towards Government and Corruption Eradication (Part II) Room Time Moderator
Clean
: Emerald 3 : 15.00 – 17.00 WIB : Bart Jansen
1. Indria Wahyuni, Emanuel Sudjatmoko, Wilda Prihatiningtyas (Research Student at School of Law University of Birmingham) The ―Power to Control‖ of Oil State-Owned Company in Indonesia: Should Special Business Entities Be Formed? 2. Moh. Saleh (Universitas Narotama) Dismissal of Governor on Charges of Blasphemy Crime 3. Sri Winarsi, Dwi Rahayu Kristianti (Universitas Airlangga) Village Fund Management in the Perspective of State Finances for the Purpose of Rural Community Empowerment 4. Oheo K. Haris, Adnan Jamal (Universitas Halu Oleo) Preventing Maladministration on Issuing Mining License (A Case Study in Southeast Sulawesi, Indonesia). 5. Bagus Oktafian Abrianto, Faizal Kurniawan and Wilda Prihatiningtyas (Universitas Airlangga) Management Village-Owned Enterprises Based Social Enterpreneurship
Acknowledgement: This parallel session is co-organized with SMART project
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Parallel Session 1.6: Law and Sustainable Development Room Time Moderator
: Emerald 4 : 15.00 – 17.00 WIB : Tineke E. Lambooy
1. Nur Sulistyo Ambarini, Tito Sofyan, Edra Sadmaidi (Universitas Bengkulu) Business Women and the Legal Protection in Vortex of the Global Economy 2. Muhammad Jufri, Deity Yuningsih, Muh Sjiaful (Universitas Halu Oleo) The Legal Study on Corporate Social Responsibility in the Realization for Environmental Development in South East Sulawesi 3. Radian Salman, Prawitra Thalib, Faizal Kurniawan, Erni Agustin (Universitas Airlangga) Establishing Sustainable Companies and Social Welfare Through the Scheme of Corporate Social Responsibility 4. Yayan Hernayanto dan Santi Hapsari Dewi A (Legal Head/ Manufacturing Industry Jakarta) Good Corporate Governance for Private Multinational Company to Comply with Global Anti-bribery Regulations (UK Bribery Act & FCPA) and Indonesia Company Law 5. Wahyu Kurniawan (Universitas Wijaya Putra) Indonesian Legal Devices to Enhance the Business Performance of PPP Projects. 6. Lilik Pudjiastuti (Universitas Airlangga) Surabaya Government Policy in Conducting Sustained Urban Development with Respect to Urban Heritage 7. Prawitra Thalib, Faizal Kurniawan, Erni Agustin, Hilda Yunita Sabrie (Universitas Airlangga) Enhancing Zakah and Waqf Function: The Application of Islamic Corporate Social Entrepreneurship in Indonesia 8. Muchammad Zaidun, Mas Rahmah (Universitas Airlangga) Public Private Partnership for Infrastructure Projects: The Advantage and the Disadvantage Examined
Acknowledgement: This parallel session is co-organized with SMART project
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Parallel Session 1.7: Legal aspects of food security Room Time Moderator
: Emerald 5 : 15.00 – 17.00 WIB : Koesrianti
1. Indrawati, Lilik K.P (Universitas Airlangga) Synchronization of Authority in Integrated Agricultural License Services in Order to Actualize the Sovereignty of Food Security 2. Nurul Barizah (Universitas Airlangga) Protection of Farmer Rights Through a Sui Generis System to Support Food Sovereignty in Indonesia 3. Intan Innayatun Soeparna (Universitas Airlangga) Revisiting Agriculture Policy in Indonesia to Maintain Food Security and Sustainability 4. Yusuf Adiwibowo (Universitas Negeri Jember) Measure the Scientific Principle in Food Safety Gatt 5. Suparto Wijoyo, Wilda Prihatiningtyas, Zuhda Mila Fitriana (Universitas Airlangga) Effectiveness of Paris Agreement Regime in Control Global Warming in the Field of Food Security (Comparative Studies of Indonesia and India)
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Day 2, Thursday 16th November 2017 Parallel Session 2.1: Water Resources, Coastal Management, and Maritime Law Room Time Moderator
: Hall Diamond 1 : 13.00 – 15.00 WIB : Nilam A. Kurniasari
1. Siska Purnianti (Ministry of Public Works and Housing of the Republic of Indonesia) The Establishment Urgency of Drinking Water State-Owned Enterprises after the Cancellation of Water Resources Law. 2. Nurul Fajri Chikmawati, Tri Hayati (Universitas Indonesia) Management of Coastal Resources on the Just Basis: A Study on Strengthened Authority for Coastal Villages in Using Natural Resources along the Coastal Areas in Banyuwangi. 3. Virgayani Fattah Rights to Education for Coastal People in Indonesia. 4. Ema Septaria (Universitas Bengkulu) The Existence of Customary Law of Kaum in Preserving Fisheries Sources in Mukomuko. 5. Ria Tri Vinata (Universitas Airlangga) Archipelagic State Principle in International Maritime Law Development.
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Parallel Session 2.2: Protecting Intellectual Properties in Globalization Era Room Time Moderator
: Emerald 4 : 13.00 – 15.00 WIB : L.M. Hayyan Ul Haq
1. Helitha Novianty Muchtar, Ahmad M Ramli and Muhamad Amirulloh (Universitas Padjadjaran) The Benefits Indication of Origin Protection of Natural Dyeing Tenun Ikat for the Small Business in Sumba 2. Abdul Atsar (Universitas Singa Perbangsa, Karawang) Legal Protection of Invention in the Field of Bioinformatics in Indonesia and Singapore 3. Kholis Roisah, Putri Purbasari Raharningtyas M (Universitas Diponegoro) Implementation of the Ownership of Trade Secret Protection in Company 4. Muhamad Amirulloh, Ahmad M. Ramli, Helitha Novianty Muchtar (Universitas Padjadjaran) Legal Protection to Use of Name or Title Creative and Innovative Work as Domain Name in Indonesia. 5. Mas Rahmah (Universitas Airlangga) The Nagoya Protocol for Access and Benefit Sharing of Genetic Resources: Key Challenges and Practical Ways Forward for the Implementation in Indonesia. 6. Agung Sujatmiko, Ria Setyawati (Universitas Airlangga) The Constitutive System of Trademarks Registration in Indonesia and Australia.
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Parallel Session 2.3: Human Rights in Globalization Era Room Time Moderator
: Emerald 5 : 13.00 – 15.00 WIB : Herlambang P. Wiratraman
1. Riri Anggriani (Universitas Tadulako) The Protection and Fulfillment of Human Rights of Irregular Migrant Workers Through the Non Discrimination Principle in Order of the Implementation of Social Justice 2. Ridwan Arifin, Careno Bafaloe, Muhammad Adam Farizko (Universitas Negeri Semarang) International Cooperation on Protecting Human Rights in Regional ASEAN (Insight from Indonesia) 3. Riswan Erfa, Mustajillah (Legal Analyst at Provincial Government of South Kalimantan, Indonesia) The Legislation Ratios on the Reformulation of the Criminal Law on Indecent Deeds to the Same Sex Couple in Indonesia (The Comparative Study of Indonesian Criminal Law and Two Other Asian Countries) 4. Agus Takariawan (Universitas Padjadjaran) Implementation of Restitution to Trafficking Victims as a Form of Legal Protection in the Perspective of Human Rights 5. Hernadi Affandi (Universitas Padjadjaran) The Restriction of Citizens Political Rights in Perspective of Human Rights and Democracy: Experience of Indonesia. 6. Zendy Wulan Ayu Widhi Prameswari, Dwi Rahayu Kristianti (Universitas Airlangga) Non-Discrimination Principle in the Indonesian Legislation Concerning Children. 7. Aulia Rosa Nasution (Universitas Medan Area) Terrorism As a Crime Against Humanity an Overview To The Acts of Terrorism in the 21st Century From The International Law and The Human Rights Perspective. 8. Said Achmad Kabiru Rafiie, Said Atah and Amir Husni (Universitas Teuku Umar Aceh) Learning from 12 Years of Peace in Aceh: Seeking Prosperity and Progress in Aceh.
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Parallel Session 2.4: Health Law and Social Security System Room Time Moderator
: Emerald 6 : 13.00 – 15.00 WIB : Amira Paripurna
1. Carolina Kuntardjo, Agus Yudha Hernoko (Universitas Airlangga) Transparency in Surgical Informed Consent to Prevent Medical Dispute 2. Nur Basuki Minarno, Rr Herini Siti Aisyah (Universitas Airlangga) Prevention of Corruption in Health Policy in the Era of Regional Autonomy 3. Hilda Sabrie, Prawitra Thalib (Universitas Airlangga) Implementation of Article 4 Act No. 24 /2011 about BPJS on the National Health Insurance System to Improve Health Services 4. Sarwirini (Universitas Airlangga) Rehabilitation of Narcotics Addicts as the Rights to Health 5. Siti Soekiswati (Universitas Muhammadiyah Surakarta) The Comparison of Indonesian and Singapore Health Laws
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Parallel Session 2.5: Legal aspects of regionalism: free trade and its challenges Room Time Moderator
: Emerald 4 : 15.00 – 17.00 WIB : Eva Tri Tjitrawati
1. Kim van der Borght, Intan Soeparna (Vrije Universiteit Brussels, Belgium) The Changing Role of Amicus-Curiae in the Relations Between Non-Government Organization and the World Trade Organization 2. Maria Francisca Mulyadi (Universitas Presiden) Legal Requirement on Transaction Cross-Border After the Free Trade of ASEAN-Hong Kong 3. Jani Purnawanty Jasfin (Universitas Airlangga) How Developing Countries Benefited by the WTO Rule of Origin 4. Lanny Ramli, Koesrianti (Universitas Airlangga) Reformation Protection on Indonesian Worker Regime to ASEAN Community 2025. 5. Anisha Tiana (Universitas Airlangga) The Political Direction of the Law Controlling Foreign Workers Who Works in Indonesia. 6. Azhari Yahya (Universitas Syiah Kuala) Legal Study on Investment Inflows into Aceh Province after Peace Resolution Period
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Parallel Session 2.6: The development of transportation law Room Time Moderator
: Emerald 5 : 15.00 – 17.00 WIB : Intan Innayatun Soeparna
1. Adhy Riady Arafah, Bagus Oktafian Abrianto (Universitas Airlangga) Legal Procedures for Indemnification of Air Transport Service 2. Fani Martiawan Kumara Putra, Agus Yudha Hernoko (Universitas Wijaya Kusuma Surabaya) Ease of Ship Mortgage Execution for A Ship That Located Outside The Jurisdiction of The State To Support International Shipping Business 3. Kukuh Leksono S. Aditya, Rizky Amalia, Hilda Yunita Sabrie (Universitas Airlangga) Analisys of Legal Relationship in Online Transportation Business Activity 4. R. Ray Audi Stevan Bimaputra (Universitas Airlangga) Legal Protection for Public Transport Passengers 5. Zahry Vandawati Chumaida, Hilda Yunita Sabrie, Rizky Amalia, Prawitra Thalib (Universitas Airlangga) The Problem of Online Transportation in Indonesia
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Parallel Session 2.7: Legal aspect of regionalism: international cooperation and comparative perspective Room Time Moderator
: Emerald 6 : 15.00 – 17.00 WIB : Sam Blay
1. Bilal Dewansyah (Universitas Padjadjaran) Reconciling Refugee Protection and State Sovereignty in ASEAN Member States: Law and Policy Related to Refugee in Indonesia, Malaysia and Thailand 2. Indah Cahyani (Universitas Trunojoyo) The Openness Principle in Government Agreement 3. Peni Jati Setyowati (Universitas Airlangga) The Cooperation of Local Government with Foreign Institution 4. Aktieva Tri Tjitrawati (Universitas Airlangga) Protection of Migrant Workers' Health Rights in ASEAN Law: Too Little Too Late 5. Anang Setiyawan, Evi Retnowulan, Tahegga Primananda Alfath (Universitas Narotama) Comparative Study on the Use of Legal Instruments in ASEAN Economic Community. 6. Wilda Prihatiningtyas, Zuhda Mila Fitriana (Universitas Airlangga) Environmental Law Enforcement in the Perspective of Indonesia and Australia: Case Study of Forest Fires. 7. Ainul Azizah Punishment Against the Perpetrator of Insider Trading (Comparison Between Indonesia Law and Singapore Law).
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Abstract Parallel Sessions 1st Day
1.1
Legal Challenges on Information Technology
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THE CONSUMER PROTECTION LAW AGAINST BREACH OF CONTRACT DUE IN ELECTRONIC TRANSACTIONS Ida Bagus Abhimantara
[email protected] Universitas Airlangga Abstract This paper entitled "The Consumer Protection Law Against Breach of Contract Due In Electronic Transactions". Thus the problems outlined in this paper is the legal protection acquired consumers in terms of Act Number 8 of 1999 on Consumer Protection and Law Number 11 of 2008 on Information and Electronic Transactions and responsibility businesses in the event of breach of contract in electronic transactions. The method used in this paper is empirical legal research methods. Legal protection of the consumer has been stipulated in Article 4 and Article 7 of Consumer Protection law, Article 21 paragraph (2) letter a Information and Electronic Transactions law and Article 49 paragraph (3) Government Regulation number 8 of 2012 on the Enforcement of System and Electronic Transactions. Responsibility of business operators provided have been set out in Articles 1243 and 1244 of the Code of Civil Law (Burgelijk Wetboek), Article 7 and Article 19 of Consumer Protections law, and Article 21 paragraph (2) Information and Electronic Transactions law. The provisions that protect consumers' rights in legislation has not been put to good use by consumers who are in breach of contract. Keywords: Breach of Contract; Consumer Protection; Electronic Transactions.
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THE LEGAL PROTECTION FOR CHILD VICTIMS OF CYBER CRIME IN INDONESIA Hardianto Djanggih, Hambali Thalib, Hamza Baharuddin and Nurul Qamar
[email protected] Universitas Tompotika Luwuk Abstract Cyber crime against children as victims in Indonesia according to data report of the Directorate of Criminal Crime Criminal Investigation Agency of the Indonesian National Police increased from 2011-2016. Another thing is because the cyber security system in Indonesia is not safe. This crime does not occur in Indonesia, cyber crime is a worldwide problem, with global reach. The importance of this research is to know the basic problem of children as victims of cyber crime, because it will disturb the future of children in Indonesia. This study uses the theory of viktuologi and other relevant theories to study the specificity of children victims of cyber crime. This study combines normative legal research (literature research) and empirical research (field research). This type of approach is qualitative. Research data are primary data and secondary data. (South Sulawesi, North Sulawesi, Central Sulawesi, Southeast Sulawesi). The secondary data consists of searching the legal literature related to the research topic. The results of this study offer cyber crime in Indonesia. Keywords: Legal Protection; Child; Victim; Cyber Crime.
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LEGAL PROTECTION OF THE PARTIES OF THE LENDING BASED FINANCE TECHNOLOGY AS INTERMEDIARY INSTITUTION IN INDONESIA Trisadini Prasastinah Usanti, Fiska Silvia Raden Roro
[email protected]. Universitas Airlangga Abstract It has been commonly known that it is not easy for micro, small and medium enterprises (hereinafter referred to as MSMEs) and start up business to have access to bank loans as a means of financing due to strict banking regulations imposed. These business really need financially supports by financier and legal protections from the goverment. In Indonesia, the category and classification of MSMEs is regulated in Act No. 20 of 2008 (The State Gazette of 2008 No.93, The additional to The State Gazette of The Republic Indonesia No.4866). Financial Services Authority/ Otoritas Jasa Keuangan (OJK) OJK has promised will establish rules related to financial technology, especially crowdfunding before July 2017. In fact, until now, OJK ―only‖ has regulations about Lending Based Financial Technology Service Nomor 77/POJK.01/2016. Undeniably, due to unsufficient regulation related financial technology service, some parties are still unsure regarding to the legal protection of the financial technology service platform as intermediary institutions. Based on normative methodoly research, the authors will apply conceptual approach in the light proximity of banking law and commercial jurisprudence perspective, this article will examine legal protection aspects of financial technology service and will analyze what will financial technology change global as intermediary institutions. In digitalisation era, the legislation, regulation and supervision have to adopt to innovation. In last part of this article, the authors also makes the conclusion what is the disruptive force of financial technology service for conventional financial intermediaries. Keywords: Legal Protection; Intermediary Institution.
Lending
Based
Finance
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Technology;
STRENGTENING INDONESIA‟S POLICY ON NATIONAL CYBER SECURITY TO DEAL WITH CYBERWARFARE Anang Setiyawan
[email protected] Universitas Wiraraja Abstract In 2012 Indonesia Academic Computer Security Incident Response recorded thousands of cyber attacks against the Indonesian domain both government and civil and a total of more than 3.9 Million cyber attacks over the past few years. In 2009 the Indonesian Embassy and Foreign Affairs Office became one of the targets of the GhostNet virus which is a large-scale espionage operation conducted by China and even in 2010 the industrial field in Indonesia has been one of the targets of the powerful Cyber Stunext virus series attacks Conducted by America and Israel. The Stunext virus is the most sophisticated and dangerous cyber weapon ever made. We can imagine if the attacks were directed to vital infrastructure such as electric power sources, mass transportation, operating systems, air traffic control systems or even nuclear power plants that would not only cause malfunctions, wounds and even civilian deaths. But unfortunately we have never known such attacks because of the limited ability and policy to deal with this problem. The Government should immediately formulate and strengthen policies comprehensively in order to face the threat of cyberwarfare while maintaining the defense, security and national interests in the real domain and the cyber domain. Keywords: Cyberwarfare; Policy; Cyberdefense; National Interest; Cybersecurity.
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A REVIEW OF FINTECH REGULATIONS IN EMERGING ECONOMIES COUNTRIES – CHINA, SINGAPORE AND HONGKONG Ameen Ali Talib, Chee Yuen Yew
[email protected] Singapore University of Social Sciences Abstract The world has transformed from traditional business model into digitalised business model, financial services as well. As financial sector is strictly regulated by worldwide regulator in the past, there‘s the dilemma on the regulation in the combination of Financial Technology (―Fintech‖). This paper has selected three samples of emerging countries in Asia to examine the current regulations development. In the end of the paper, there is a comparison of regulatory framework between the samples of countries in order to have more understanding on how the regulator had been working on the Fintech industry to overcome the uncertainty. Keywords: International; Financial; Regulation.
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1.2
Rule of Law: New Paradigms on Private
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THE LEGAL POSITION OF CHILDREN BORN OUT OF WEDLOCK RECOGNIZED DURING A MARRIAGE UNDER ARTICLE 285 BURGERLIJK WETBOEK AFTER THE CONSTITUTIONAL COURT DECISION NUMBER 46/ PUU-VIII/ 2010 Erni Agustin, Oemar Moechtar and Noviana
[email protected] Universitas Airlangga Abstract Inheritance law based on Burgerlijk Wetboek (BW) stipulates that children out of wedlock are entitled to their biological parents‘ estate as heirs as long as they are recognized before the marriage of their biological parents. Therefore, any children born out of wedlock who are recognized during the marriage, shall not be entitled to their parents‘ estate. This is different with the stipulation on the Act Number 1 Year 1974 on Marriage that children born out of wedlock shall, by law, only have civil relationship with their mother and the mother‘s family. However, this has been changed by the Court Decision Number 46/ PUU-VIII/ 2010 which states that children born out of wedlock have a civil relationship with their mother and the mother‘s family, as well as with a man as their father, who can be proven on the basis of knowledge and technology and/ or other evidence according to law, that has a biological relationship. It is therefore necessary to ensure legal certainty concerning the legal position of the children born out of wedlock and their rights to inherit as heirs based on the provision of the Article 285 BW linked with the Constitutional Court's decision. The method used in this research is a statute approach and conceptual approach. Thus, firstly this article discusses the stipulation on recognition or acknowledgement of the illegitimate child in Indonesian law. Secondly, this article elaborates the right of children born out of wedlock who are recognized by their father during the marriage of their biological father after the Constitutional Court Decision Number 46/ PUU-VIII/ 2010. Keywords: Wedlock; Recognized during the marriage; Inheritance Law.
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NUPTIAL AGREEMENTS IN INDONESIA: A NEW CHANGE IN INDONESIAN MARRIAGE LAW Agus Yudha Hernoko, Erni Agustin and Faizal Kurniawan
[email protected] Universitas Airlangga Abstract Recently, there has been a new change in the Indonesian marriage law. The change is especially about the provision on prenuptial agreements in Article 29 of the Act Number 1 Year 1974 on Marriage, resulting from the decision of Indonesian Constitutional Court‘s Decision Number 69/PUU-XIII/2015. Before the Constitutional Court‘s decision, the nuptial agreements must be made before the marriage, so called prenuptial agreement, which may only be changed if it was agreed by the parties and all such changes do not harm the third parties. In October 2015, the Indonesian Constitutional Court made a judicial review on this provision that was conducted related to the provision of Government Regulation Number 103 Year 2015 on Ownership of Dwelling Of Residency House By Foreign Persons Domiciled In Indonesia that stipulates that Indonesian citizens who have married with foreign citizens without previously creating prenuptial agreement, will not be able to have rights to the land. Article 3 (1) of the Government Regulation specifies that Indonesian citizen who has married with foreigner can own the rights to the land if it is not a community property that is evidenced by the segregation of assets between husband and wife, which is made by notarial deed. In accordance with the Indonesian Constitutional Court‘s decision, the Article 29 of the Law Number 1 Year 1974 on Marriage shall be construed differently. Postnuptial agreement is now allowed to be made in Indonesia. This change may not only have positive sides, but also negative sides when the parties create postnuptial agreement in bad faith that may harm the third parties. This paper attempts to elaborate issues regarding nuptial agreements in Indonesia. Firstly, this paper will compare the regulation on nuptial agreements between Indonesian law and Dutch law, especially on definition, scope, requirements of validity, time, form, and legal protection for the third party. Secondly, this paper will find lessons learned regarding nuptial agreements from Dutch law for Indonesian marriage law reform, particularly regarding nuptial agreements. The analysis will be using statute approach, conceptual approach, and comparative approach. Keywords: Indonesian Marriage Law; Legal Protection; Postnuptial Agreement; Third Parties.
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THE POSITION OF BENEFICIAL ACCEPTANCE HEIRS IN THE SETTLEMENT OF DEBTORS' UNFULFILLED OBLIGATIONS Oemar Moechthar and Disca Betty Viviansari
[email protected] Airlangga University Abstract Burgerlijk Wetboek's inheritance law grants the right to determine the attitude of inheritance, which is to receive in fully, reject or accept with the record (beneficiare aanvaarding). The problems will arise when inheritors choose to be a beneficiare aanvaarding, while heirs have achievements that must be met to the creditors. In principle their achievement will be a burden for the heirs of the testator. Therefore, legal certainty is required on the position of beneficiare aanvaarding in the accomplishment of achievements related to the defaulted (debitor) heirs and legal protection for creditors. The method used in this research is statute approach, conceptual approach and case approach. The final result is to find legal construction and legal method in solving legal problem between creditor and ex debtor (the heirs) so that in the future it will not cause prolonged dispute. Keywords: Beneficiare Aanvaarding; Achievements; Protection for Creditors; Inheritance.
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THE RULE OF LAW CONCERNING INCORPORATION CAPITAL Rosalien van de Foort and Yuniarti
[email protected] Nyenrode Business Universiteit Abstract Company law in Indonesia is recognised in 2 form, that is Public Listed Company, which is regulated in Law Number 8/1995 concerning capital market law, and limited liability company, which is regulated under law no. 40/2007 concerning Limited liability company. However, Indonesia also admit a special companies. This companies is regulated under law no. 20/2008 concerning micro companies, small companies, medium companies and large companies (SME). This regulation is made to encourage a small enterpreneur to establish their business entities. To established a company in Indonesia it is have to be incorporated by 2 (two) or more persons by a notarial deed made in the Indonesian language. Article 32 of the Company Law sets the minimum amount of authorized capital for a limited liability company in Indonesia on 50 million rupiahs. The recently development under Indonesian Government regulation No. 29/2016 concerning The Amendment of Limited Liability Authorised capital, Indonesian Company law does not recognised the limitation of company law authorised capital. By law, the establishment of Indonesian company law is based on pacta sunservanda which bind the parties for the incorporation. Due to this matter, an analyses should be done by comparing the characteristic of Flex BV in The Nedherland and Indonesia. The analysis will concerning the rule of law of incorporation capital and the characteristic of incorporation capital in order to gain a legal certainty for the third parties. Keywords: Rule of law; Company Law; Incorporation Capital. 1st International Conference on Law, Governance and Globalization | 39
REFLECTIONS TO THE PRINCIPLE OF BUSINESS JUDGEMENT RULES IN THE INDONESIA„S COMPANY LAW Anita Afriana
[email protected] Universitas Padjadjaran Abstract Directors is a organ limited liabilty company and has an authorized to execute the maintance in accordance with the company law and the charter company. In performing its duties the board of directors faced with the risk and are required to adopt policies that are considered approciate. This article will discuss business policy (Business Judgment Rules) in relation to Fiduciary Duty principles and responsibilities of directors. The method used is normative juridicial which is analyzed by qualitative juridical, and the results obtaned are there is a relation between fiduciary duty and business judgment rules as the policy that can be taken by the directors in carrying out its duty. Business judgment rules will only be able to provide protection to the directors of all directors is carrying out the duties and responsibilities closely related to the fiduciary duty. The legal consequences of the decision adverse limited company directors to the directors personally liable for company losses. Keywords: Business Judgment Rules; Directors; Fiduciary Duty; Limited Liability Company; Responsibility.
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ELABORATION ON CONCEPTS OF RESTITUTION AND COMPENSATION AS A FORM OF LIABILITY IN PRIVATE LAW Faizal Kurniawan, Erni Agustin and Rizky Amalia
[email protected] Universitas Airlangga Abstract Freedom to make transactions is commonly known in the life of society in modern era which aims to achieve welfare. However, there are advantages obtained by one party in the transaction that cause harm to the other party on the other side, whether it is done on the basis of negligence, wrongdoings or so-called unjust enrichment. There is a fundamental difference between the terminology of unjust enrichment, onrechtmatigedaad (the Unlawful Act) and the Contract. Furthermore, the Civil Law System emphasizes three fundamental things, namely property, obligation and legal subject status. Losses suffered by other party lead to logical consequences to the burden of liability. The three basic claims above have different meanings and criteria. Restitution is a response of a liability based on unjust enrichment. Meanwhile, the compensation is a form of remedy from the non-performance of contractual obligations or the existence of Unlawful Acts. This article elaborates the concept of restitution as a form of liability on the baintansis of unjust enrichment. This article will scrutinize more deeply the differences of the concept of restitution and compensation and the linkage of both in the context of default and unlawful acts. Keywords: Restitution; Compensation; Unjust Enrichment.
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1.3
Rule of Law: Democracy, Law Making Process, and Local Autonomy
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PRINCIPLES THE RULE OF LAW IN THE SETTLEMENT OF THE ELECTION OF HEAD VILLAGE Fauziyah
[email protected] Universitas Muhammadiyah Jember Abstract The amount of villages in Indonesia reaches 72 thousand where the village performs a change of leadership relay in each region. The election of village head is regulated in Act 6 of 2014 where if there is a dispute on the result of Village Head Election is regulated in Article 37 of Act 6 of 2014 stating that the settlement of dispute over election of village head shall be settled by regent within 30 days. Good governance in resolving disputes over village head elections before Law 6 of 2014 is resolved through the judicial system, but after the 6th Act of 2014 has been resolved by district heads in respective district under Law 23 of 2014 on Regional Government, where the dispute resolution of village head election is adjusted With local wisdom (local regulations) that don‘t conflict with good general principles of government. Keywords: Good Governance; Local Wisdom; Principles.
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LOBBYISTS IN LEGISLATIVE PROCESS (STUDY COMPARATIVE IN THE USA AND INDONESIA) M. Syaiful Aris
[email protected] Universitas Airlangga Abstract Public has the right to participate in the legislative process, some interest groups attempt to influence their goals in the legislation. In the USA, Lobbyists have increase significantly in the federal and states level because interest groups must hire lobbyists to give them eyes and ears to monitor the process. There are approximately 12,000 federal registered lobbyists and more than 47,000 state registered lobbyists. Indonesia also have ―unregister‖ lobbyists for the legislative process. Lobbying is important and it is consider as healthy influence within the political system and not ―dirty‖. They are professionally to represent and influence legislation and policy. Lobbyists inform lawmakers about constituent preferences and interests; They inform legislator about the effects of particular policies and problems that demand government solutions; they inform lawmakers about the preference of other lawmakers so that proponents of policy change can successfully negotiate the veto gates of Congress; and they inform the public about lawmakers‘ views and efforts regarding policies. This paper will describe and analyze lobbyists as a professional job in the legislative process system. There are several sub topics in such as the concept of lobbyist in legislation and how it works, the technique of lobbying, the value of lobbies, the criticism of lobbying and how to control the lobbyist. Keywords: Lobbyists; Legislation; Professional.
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MOBILE COURT Sherly Ayuna Putri, Hazar Kusmayanti and Linda Rachmainy
[email protected] Universitas Padjadjaran Abstract If we look at practice and processes of court case examination, there are several evidences that principles of procedural law could not been applied. Principles like ‗inexpensive, simple, and prompt‘, assertively pointed in Indonesia procedural law of civil code. But in practice, citizen who want to sue their right through court become unconvinced because they saw the implementation of those principles are not in accordance with everyday reality. There is a gap between principles and practices. In recent years, religious court tries to break the gap by means of roving or mobile court. Mobile court is applied to fill up sense of justice and right among citizen who do not have adequate knowledge about procedural law and live away from city center where court usually runs. This research is attempted to dig into the practices of mobile court and compare it with other principles of procedural laws in Indonesia civil code. This research is used juridical-normative method that emphasizes investigation into law provision that is valid in Indonesia jurisdiction. The investigation will be addressed to Het Herziene Indonesisch Reglement (HIR), Legislation no 48 of 2009 on judiciary dominion, Legislation no 3 of 2015, Legislation no 50 of 2009 on religious court, and Supreme Court Legislation no 1 of 2015 on integrated service of mobile court in district court and religious court or Islamic court in order to publication of marriage certificate. This research is specifically analytical-descriptive in character and in order to obtain holistic description about practice of dispute settlement in Islamic court by means of mobile court in accordance to principles and codes of civil code procedural law. The result of this description then to be analyzed by means of qualitativenormative method on the ground of document research in which materials of legislation and jurisprudence are analyzed furthermore. This research also use observation and interview as complementary method, especially on how Tasimalaya District Court and Cimahi Religious Court practicing mobile court Keywords: Court; Civil Code; HIR.
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NEW PARADIGM OF ADMINISTRATIVE COURT IN MODERN GOVERNANCE Ayu Putriyanti
[email protected] Universitas Diponegoro Abstract The development of governance had been influenced the Administrative Court as a judiciary system which had specific competence. In the modern governance, the implementation of government‘s act is more complicated, economy and political issues, fast changing of social norms and information technology also give the powerful impact. Administrative Court has an authority to investigate, decide and settle the administrative dispute.Administrative Court has to protect the civil rights from the abuse of government‘s act. The issue is how the new paradigm of administrative court should be built in modern governance to protect civil rights and access to justice for the citizenship. The method is using normative and comparison approach. The results is new paradigm of Administrative Court is needed because it has to maintain the government‘s act as modern governance, access to justice and protect civil rights. The new paradigm must also accomodate the modern court as an effort to adjust with modern governance. Conclusion is Administrative Court has to move to new paradigm in order to supervise the government‘s act, protect the civil rights and access to justice. Keywords: New Governance.
Paradigm;
Administrative
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Court;
Modern
EMERGENCY RULES IN DEMOCRATIC CONSTITUTIONALISM: THE ANOMALY OF GOVERMENT REGULATION IN LIEU OF LAW (PERPPU) NO. 2/2017 ON MASS ORGANIZATION Lailani Sungkar
[email protected] Universitas Padjadjaran Abstract The concept of constitutionalism involves the propositions that the exercise of the government powers should be bound by rules, rules determining procedure according to which the legislative and the executive acts to be performed which in turn limiting their acts. In short, constitutionalism deals with the limited government through the limitation of powers as well as the limitation of procedure to carry out those powers as determined by a constitution. Accordingly, constitutionalism curbs the arbitrariness of discretion and prevents authority for not trespass particular zone necessary for the enjoyment of individual and collective rights. In practice, however, states often face emergency, such as sudden attack of terrorism or massive movement of radicalism. In response to such situation, the authority, such as the President, is forced to act immediately by issuing extraordinary rules which to some extent can limit or even violate human rights. There are some critical questions raised, including: how should emergency power of the President be in line with constitutionalism? what criteria that can be used to justify the power of the President to issue extraordinary rules?; and are there any sufficient constitutional mechanisms to prevent the President from doing arbitrariness? This article will discuss and evaluate Government Regulation in Lieu of Law (Peraturan Pemerintah Pengganti Undang-Undang/PERPPU) No. 2 of 2017 on Mass Organization from the perspective of constitutionalism. I will argue that a response to emergency, real or alleged, should be governed by constitutionalism through justification of emergency criteria and the limit of subject matters. Moreover, it is argued that the issuance of Perppu No. 2 of 2017 might give strong indication of the return of the repressive regime as the President fails to justify ‗an emergency‘, and thus it puts Indonesian constitutionalism in joepardy. Keywords: Constitutionalism; Emergency Powers; Human Rights; Perppu; Mass Organization.
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THE ESTABLISHMENT AND DEVELOPMENT OF PROGRESSIVE LAW IN FORMULATING LAWS AND REGULATIONS IN DEMOCRACY ERA: CONTEMPORARY ISSUES Rodiyah, Ridwan Arifin
[email protected] Universitas Negeri Semarang Abstract Democarcy recognized as the most effective and compatible ways for today. Democracy ask the high roles of people to establish the laws and regulations. Democracy give people more places to comment and suggest more better for the Country, as well as in law enforcement. The Progressive Law as emphasized by Satjipto Rahardjo, reflects more solution for law enforcement in Indonesia. Some cases happened showed that, laws and regulations (in text, in abstracto) not enough to bring justice and welfare to people. The progressive law would see law enforcement not only in text but also in what context some laws and regulations used. Furthermore, the establishment of laws and regulations (legal drafting) in democracy era in which should give more space for people to participate. This paper would examine two main thinngs, first, how progressive law used to formulate laws and regulations in democracy era, and second, in what context progressive law are compatible for law enfrocement in democracy era. This paper would examine some cases, especially case of establishment of local regulation concerning to education in some disctricts in Central Java. This paper would see from the theory of law establishment as well as, theory of Lawrence M. Friedman concerning to influence of law enforcement based on legal structure, legal subtance, and legal culture. This paper highlighted that for establishment of laws and regulations, progressive law used for the context of democracy and people participation. The good laws and regulations come from the best participation of the people on this formulation, not only government. Keywords: Law Establishment; Progressive Law; Democracy.
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JUDGING DEMOCRACY: ACTIVISM OF INDONESIAN CONSTITUTIONAL COURT ON ELECTION LAW Radian Salman, Rosa Ristawati
[email protected] Universitas Airlangga Abstract This paper examines relation of Constitutional Court of the Republic of Indonesia and the legislature on the issue of Election Law. Constitutional provision of 1945 amended Constitution stipulates election in two aspects, namely types of election for legislative and executive branches, and on the institutional arrangements of election and also principles of electoral administration. Thus the Constitution delegates to the legislature regulating all matters concerning election, i.e. electoral agencies, electoral systems and election processes including that for disputing results. In the context of democracy, electoral legislation counted as ―political question issues‖ which considered as domain and autonomy of elected agencies. However, power to make law concerning election must be judicially control through judicial review mechanism. As result of examining its decisions in judicial review of Election Law cases, Indonesian Constitutional Court could be attributed to active court as characterized acting as law-maker and using policy in judicial decisions. As result, issues of election law always brings tension between Constitutional Court and law-making institution and also placed the Court as decisive institution for judging political game in democracy. On the one hand, handing down strong decisions that uphold important constitutional principles can bring great benefits to citizens and can strengthen support for democracy but on the other hand, the role of the court in judicial review tends to encroach on the territory of the law making institution. Keywords: Election Law; Constitutional Court; Judicial Activism; Judicial Review.
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REASONABLENESS: THE ARGUE OF CONSTITUTIONAL COURT ABOUT NEUTRALITY CIVIL SERVANT FOR GOOD GOVERNANCE Dhia Al Uyun
[email protected] Universitas Brawijaya Abstract The Background of this paper are comes from relating of Reasonableness Principles and proportionality. The Proportion means The balance of rights. It follows from definition of a rights that it cannot be outweighed by all social goals. Some Constitutional Court Decision are decision number 56/PUU-XII/2014 and number 41/PUU-XII/2014. They aren o accordance with Reasonableness Principles. It is decide neutrality civil servant in Election. The Objective is find the remeaning about neutrality that is related with human rights. The methods is doctrinal research, that is remeaning about neutrality for protecting human rights. The Main Source are Indonesia Decision of Constitutional Court. It will be compare with Case of Osborne v Canada. The result are remeaning of neutrality not only about human rights but also about ethics and profesionalisme that is part of good governance. Public administration ethics are a shift from value neutrality to commitment to some form a professional ethics. Keywords: Neutrality; Civil Servant; Reasonableness; Constitutional and Election.
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1.4
Good Governance: Towards Clean Government and Corruption Eradication (Part I)
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FACTORS AFFECTING THE DEVELOPMENT OF HUMAN RESOURCES IN STATE FINANCIAL MANAGEMENT TO ENCOURAGE THE GOOD GOVERNANCE IN INDONESIA Rr Herini Siti Aisyah, Nurbasuki
[email protected] Universitas Airlangga Abstract The survey results Audit Agency (BPK) showed that 76.77% of Human Resources personnel unit financial operators accounting background. Problems increase HR competencies of local finance manager is a very complex thing of recruitment problems, the budget also issue regulatory dynamics, on the other hand local governments are required to finance mengelolan accountably and transparently so that good governance can be realized. The problems in the region can not simply be understood by the central government is becoming increasingly difficult for local government; to be able to increase the competence of human resources. This resulted in low competence of officials of local government financial statements as well as the Corruption Perception Index score from various regions in Indonesia had not yet shown up. To reform the bureaucracy really needed a new regulation rules; this requires improving the competence of human resources in the field of law is becoming increasingly important. In order to increase the competence of human resources with all limitations local governments can not simply rely on increasing competence is formal but improving the competence of the form of assistance it is no less important than the formal education and training. To support financial management in order to realize good governance, the competencies required in addition to the accounting, legal and competencies in the field of IT and managerial. The results showed that the development of competencies of the officers have not been able to support the implementation of good governance principles. Low competence of the apparatus causes many problems including the lack akuntabelnya even kuangan management also resulted in corruption in the area. Conversely, if the HR manager of finance have sufficient competence, it will be able to increase capacity building in financial management in the area. So that makes all the activities that take place will be run neat, effective and more efficient and avoid the problem of corruption-related issues so as to encourage the immediate establishment of good governance. Keywords: Governance; Human; Resources; Financial; Audit.
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THE PRINCIPLES OF SUSTAINABLE PROCUREMENT IN PUBLIC CONTRACT TO STREAMLINE THE GOVERNMENT BUDGET Rizky Amalia, Faizal Kurniawan
[email protected] Universitas Airlangga Abstract Indonesia as a developing country puts the procurement of goods and services as the main activity in the fulfillment of infrastructure for the community and the needs in order to support the implementation of government. The regulation of Procurement of goods and services in Indonesia is still stipulated in the Presidential Decree level. This regulation stipulates in detail of the procurement process, yet it seems apparent weaknesses in optimizing the legal protection of the government especially leak of government budget. Nowadays, one of the underline issues in the sake of the process of procurement of goods and services by the Government of Indonesia is pertaining sustainable procurement. Many developed countries have implemented procurement based on the concept of sustainable procurement; in particularly how the importance of environmentally public procurement. It emphasizes Sustainable Procurement which focuses on the social, economic, and environmental impacts of procurement process of goods and services by the Government. The principles of sustainable procurement in directive European Regulation (2014) and ISO 20400 are accountability, transparency, ethical behavior, responsive to the rule of law and fit the international norms, innovative and transformative solutions, focusing on the needs of integration and global cost. These principles are used almost by every country that done procuring system; however, Indonesia procurement system does not implemented yet those principles. Therefore, there needs to be an analysis of the concept of sustainable procurement seeing that it is necessary to be integrated into the regulation of procurement process of goods and services by the Government of Indonesia. This article aims to introduce the concept of sustainable procurement and to integrate those principles to be embedded in the Indonesia Procurement Law. Indeed, this article elaborates the criteria of sustainable procurement in the aim of efficiency on Government budget and effectiveness in the procurement process in Indonesia. Keywords: Sustainable Procurement; Public Contract; Government Budget.
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CORRUPTION PREVENTION THROUGH THE INSPECTORATE ROLE IN THE FINANCIAL SUPERVISION IN THE REGIONAL AUTONOMY ERA IN INDONESIA: CASE STUDY AT SIDOARJO EAST JAVA, INDONESIA Tatiek Sri Djatmiati, M. Hadi Shubhan, Bambang Suheryadi and Herini Siti Aisyah
[email protected] Universitas Airlangga Abstract The problem of corruption in Indonesia has taken root at an intolerable point. A number of corruption cases continue, so that Indonesia is ranked 118 in the list of corruption perceptions index. Since the local ministry's interior otnomi noted 318 people were involved in corruption. The problem that arises in relation to regional autonomy is that greater regional authority for managing existing finance and resources is unbalanced by the increasing role of the inspectorate for oversight. Supervision by the inspectorate can not be effective so it needs to be constantly encouraged to improve the monitoring system that can prevent corruption in the region. The purpose of such supervision is to improve the utilization of state apparatus in carrying out the general task of government and development towards the realization of good and clean government (good and clean government) And people expect more than just fixing or correcting mistakes for future improvement, but for mistakes, mistakes let alone mistakes that occur not only corrected and corrected but must be held accountable. For the guilty Mistakes must be redeemed by sanction / punishment, and if the fulfillment of criminal elements must be processed by law enforcement officers, thus creating a deterrent effect for the perpetrators and others thinking a thousand times to do the same, then the practice of corruption, collusion And Nepotism (KKN ) Becomes louder and ultimately vanishes. Thus the aspirations and spirit of the Indonesian people are reflected in Law Number 28 Year 1998 on the Implementation of Corruption. One of the demands of society to create good governance in the implementation of local government is the gait of regional supervisory institutions. Keywords: Corruption; Inspectorate; Autonomy.
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GOOD GOVERNANCE ON TAX AMNESTY Ahmad Munir
[email protected] Universitas Islam Darul Ulum Abstract Indonesia has the objective to achieve a fair and prosperous society. In order to realize these objectives, financial system must be strengthened. For that we need policies that can improve the state expenditure budget. The policies that are considered to increase the budget was implemented through the tax amnesty policy. Tax amnesty was a counterproductive policy, because when the amnesty is given then the tax that should be obtained by the government is lost. Even though the tax which has to be paid to the state is lost, the ransom obtained may become an additional source for the state to increase the state budget. In addition, the number of taxpayers could be increased. So that, through the tax amnesty policy we expect that the new taxpayers will pay their taxes in the future. In the tax amnesty regulation there is a prohibition on disclosure of tax base of the taxpayer to any party. Not only today, the practice of tax amnesty was done several times in the past, this bring a possibility that it will also be done in the next future. So, it is necessary to have a good governance as a form of tax amnesty policy. Keywords: Good Governance; Tax Amnesty.
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JUSTIFYING LEGAL POLITICS PRESIDENT JOKO WIDODO ON COMBATING CORRUPTION IN THE CONTEXT OF GOOD GOVERNANCE (2014-2017) Dri Utari Christina Rachmawati
[email protected] Universitas Airlangga Abstract The criminal act of corruption is categorized as extra ordinary crime and became the main topic and discourse after the collapse of the New Order government, which was full of corruption, collusion and nepotism (KKN). The Reform period marked by the eradication of corruption more severely, was strengthened by the establishment of Law Number 31 of 1999 on the Eradication of Corruption and Law Number 30 of 2002 on Corruption Eradication Commission (Komisi Pemberantasan Korupsi). Such a large expectation on the birth of a new institution, the Corruption Eradication Commission (KPK), as a supporting institution in the effort to eradicate the existing corruption of the Police and the Attorney, actually still needs internal and external support for the KPK. The adagia of Cicak vs Buaya (Gecko vs Crocodile) is one of the representations of people‘s distrusts to the Police when compared to the KPK. Nawacita Program which is one of its goals is to eradicate corruption and it then strengthens the KPK seems uneasily successful and experiences obstacles as it happened to the President Susilo Bambang Yudhoyono administration. The discourse of the revision of Law 30/2002 in one year of President Joko Widodo's administration (2015), at least triggered the public's disappointment over the commitment to curb corruption and is actually considered to impede the creation of Clean Government and Good Governance. The role of political parties supporting President Joko Widodo in the revision of Law 30/2002 and the right of inquiry to the KPK is a benchmark of 'suspicion' of President‘s inconsistence in efforts to eradicate corruption. Two legal issues that will be discussed in this paper are, firstly, it is about the urgency of the articles in Law Number 30 of 2002 which will be revised, whether or not it is a preventive and repressive in eradicating corruption. Secondly, it is critical analysis of the legal politics of President Joko Widodo in eliminating corruption as the efforts to realize Good Governance and subsequently to support committment about the fulfillment of Nawacita. Keywords: Corruption; Good Governance; Legal Politics; KPK.
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FINANCIAL BALANCE OF CENTRAL AND LOCAL GOVERNMENT IN THE MANAGEMENT OF THE UPSTREAM OIL AND GAS Emanuel Sujatmoko, Wilda Prihatiningtyas
[email protected] Universitas Airlangga Abstract Since the reformation by, many changes in state-order, one of them is about local government administration. The logical consequence of the regulation of local government is the authority distribution of central government, provincial government, and municipal government. Those also bring implications on the financial relationship between the central government and local government. According to Article 279 of Law No. 23 of 2014, one of the forms of central and regional financial relations is "the provision of funds derived from the financial balance between the Central Government and the Regions". Furthermore, the balance funds consist of revenue-sharing (Dana Bagi Hasil/DBH), general allocation funds (Dana Alokasi Umum/DAU) and spesific allocation funds (Dana Alokasi Khusus/DAK).In matter of managing upstream oil and gas business who government has the authority to, there was the right of local government to accepted the income from the sector through revenue-sharing scheme. Referred to local government here namely the provincial government concerned, the producerlocal government, and other regencies / cities in the province concerned. This paper will try to identify the regulation and implementation of financial balance of central and local government in the management of the upstream oil and gas. It also highlight the current upstream oil and gas business management practices. At the end, will be given a solution or recommendation on all existing problems. Keywords: Financial Balance; Local Government; Upstream Oil; Gas Business.
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1.5
Good Governance: Towards Clean Government and Corruption Eradication (Part II)
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THE “POWER TO CONTROL” OF OIL STATE-OWNED COMPANY IN INDONESIA: SHOULD SPECIAL BUSINESS ENTITIES BE FORMED? Indria Wahyuni, Emanuel Sudjatmoko and Wilda Prihatiningtyas
[email protected] Universitas Airlangga Abstract Oil and gas are the most prominent energy sources to be exploited in Indonesia. These energy sources have a long history of utilisation as well as regulation. The search for oil in Netherlands East Indies (Indonesia territory‘s name under the Colonialist era) began in 1871 with Jan Reerink activities in Cibodas, followed by the enactment of the first General Mining Act around 200 years later (1907) called Indische Mijnwet. After independence, the role of the state-owned company in oil and gas (Pertamina) regulated by Law number 8 year 1971 regarding Oil and Gas mining state-owned company, which has been replaced by a new paradigm in Law number 22 year 2001 regarding Oil and Gas. Nonetheless this law has been judicial reviewed several times by the Constitutional Court and brought the interpretation of the role of State-owned company as the representation of state sovereignty principle. This paper will specifically look at the Constitutional Court verdict Number 36/PUU-X/2012 on judicial review Law number 22 year 2001 as well as look at the role of the state in terms of oil and gas activities through the state owned company. The article will be started by discussing the role of the state-owned company in oil activities from a historical perspective. Furthermore, it elaborates the concept of the ‗state control‘ as interpreted from article 33 of Indonesia Constitution and the problem arising from this judicial interpretation. It also considers the discourse on the formed of special entities in Oil and Gas and possible consequences of this forming for the institution issue related to oil and gas in the future. Keywords: Oil And Gas; State Owned Company; Special Entities In Oil And Gas. 1st International Conference on Law, Governance and Globalization | 59
DISMISSAL OF GOVERNOR ON CHARGES OF BLASPHEMY CRIME Moh. Saleh
[email protected] Universitas Narotama Abstract Dismissal of the Governor as the form of responsibility based on use of the authority must be imposed in accordance with the classifications of mistake. It is based on the principle of geen bevoegdheid zonder verantwoordelijkheid. The Law Number 23 of 2014 enacted in detail the mechanisms of the Governor dismissal based on the classifications of mistake. The classifications of mistake consist of general mistakes; specific mistakes; coupled with not performing the national strategic programs. If the general mistakes made by the governor, dismissal will be done through submission of proposal to the Regional Representatives Council. When the specific mistakes, dismissal will be done through temporary dismissal mechanism. When not performing the national strategic programs, dismissal will be done through administrative sanction mechanism by President. In the case of Blasphemy Crime that is charged to Basuki Tjahaja Purnama cannot be justified for dismissing Basuki Tjahaja Purnama as the Governor of Jakarta, because indictment charged to Basuki Tjahaja Purnama can be regarded as specific maximum threat, not a specific minimum threat based on Article 83 paragraph (1) of The Law Number 23 of 2014. Keywords: Responsibility; Form of Mistake; Blasphemy Crime; Dismissal of the Governor.
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VILLAGE FUND MANAGEMENT IN THE PERSPECTIVE OF STATE FINANCES FOR THE PURPOSE OF RURAL COMMUNITY EMPOWERMENT Sri Winarsi, Dwi Rahayu Kristianti
[email protected] Universitas Airlangga Abstract Law No. 6 Year 2014 on Villages provides the legitimacy for the village as an autonomous entity in the system of the Unitary State of the Republic of Indonesia. One of the major changes related to the autonomy of Village Financial Management must follow the procedures in legislation. Law No. 6 Year 2014 establishes the source of village financing that is original revenue, the state budget allocation, part of the local tax and regency/city lkevies, allocation of village funds that are part of the balance funds received by the regency/city, financial assistance from the provinve government budget and regency/city government budget, donations and nonbinding grants from third parties, and other legitimate village revenues. The existence of these various sources of village finance is closely linked to the state financial system, resulting in legal issues related to the model of financial decentralization applied to villages, the procedure of allocating revenues and expenditures, legal status and accountability of the Village Head as the recipient of income allocation. This research is normative law research by doing literature study on the concept of village financial management and legislation. It is expected that the research can answer legal issues raised. Keywords: Vilage; Village Funds; Financial Decentralization.
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PREVENTING MALADMINISTRATION ON ISSUING MINING LICENSE (A CASE STUDY IN SOUTHEAST SULAWESI, INDONESIA) Oheo K.Haris, Adnan Jamal
[email protected] Universitas Halu Oleo Abstract This work is aimed at exploring appropriate method in embodying and applying the principle of good governance in managing strategic resources, i.e. in issuing mining license. This effort is importance to prevent maladministration, corruption, and the deterioration of environmental quality that may block the sustainable development. This maladministration in issuing mining license has created complexity and overlapped administrative decisions, either at the vertical or horizontal. At the vertical level the tension, conflicted, and overlapped administrative decision could be seen between central and local government, whereas at horizontal level, conflicted decision could be seen at sectorial department. For that reason, this work offers an appropriate method in integrating and embodying the principle of good governance, such as transparency, carefulness, and proportionality in issuing mining license. The application of this method may create a holistic and integrated policy in managing and optimizing collective strategic resources for the greatest benefit for greatest number of people. Keywords: Maladministration; Method; Issuing Mining License.
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MANAGEMENT VILLAGE-OWNED ENTERPRISES BASED SOCIAL ENTERPRENEURSHIP Bagus Oktafian Abrianto, Faizal Kurniawan and Wilda Prihatiningtyas
[email protected] Universitas Airlangga Abstract According to Law Number 6 Year 2014, Village entering era of self governing community thus has autonomy and authority in managing government and society. Villages are expected to become socially, culturally, economically, even politically. Furthermore according to Government Act Number 23 Year 2014 that amended through Government Act Number 47 Year 2015 has mentioned if now the village has the authority to regulate resources and development plan. The enactment of regulation became a momentum to encourage the emergence of villages with more accountable and transparent governance, participatory rural communities, and economic independent. The village is required to develop itself independently based on social approach, but on the other hand it also required professionalism in managing its activities. Village-Owned Enterprises (Badan Usaha Milik Desa/BUMDES) as a forum for village communities in developing their regional economy, is expected not only to be a "tool" for profit as the company in general, but also pay attention to social aspects, as well as corporate social enterprise based management approach. Based on preliminary research, obtained the fact that the development of Village-Owned Enterprises in some villages of Gresik District precisely put forward the social aspects, as poverty alleviation, education assistance, and etc. From this example, this paper will describe the formulation of Village-Owned Enterprises management in the future based on social entrepreneurship, so it will has a positive impact for the villagers concerned and the surrounding community. Keywords: Village-Owned Enterpreneurship; Village.
Enterprises
(BUMDES);
Social
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1.6
Law and Sustainable Development
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BUSINESS WOMEN AND THE LEGAL PROTECTION IN VORTEX OF THE GLOBAL ECONOMY Nur Sulistyo Budi Ambarini, Tito Sofyan, Edra Sadmaidi
[email protected] Universitas Bengkulu Abstract According to article 33 paragraph 3 Constitution of Indonesian Republic 1945, Indonesia's natural wealth is controlled by the state and is used for the welfare of the people. With economic activity every citizen can utilize the natural resources. The activities of micro, small and medium enterprises are among the supports of the national economy. Number of MSMEs is about 57.9 million, covering micro business 98.82 percent, small business 1.09 percent, and medium enterprises 0.09 percent, and 60 percent of the actors are women. Generally household businesses that do not have legality and have various limitations. Legal research with socio-legal approach of research to women micro business actors in the field of fishery showed no government siding. There are 70 percent or approximately 39 million people are women from 56 million people involved in fishing activities. Approximately 47 percent work in the processing and marketing of catches with an average majority working 17 hours per day. It is also recognized by the Food and Agriculture Organization (FAO). In Indonesia the juridical existence of women fishermen has not gained state recognition and has not been accommodated in the Fisheries Act. In practice, the imbalance of legal relationships in fishery product transactions results in the powerlessness of women fishermen as business actors in business. Therefore, it needs guidance and empowerment as well as recognition of the existence of women fishermen as business actors to provide legal protection through strengthening institutional and government policies both at the central and regional levels. Keywords: Business Women; Legal Protection; Global Economy.
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THE LEGAL STUDY ON CORPORATE SOCIAL RESPONSIBILITY IN THE REALIZATION FOR ENVIRONMENTAL DEVELOPMENT IN SOUTH EAST SULAWESI Muhammad Jufri, Deity Yuningsih and Muh. Sjaiful
[email protected] Universitas Halu Oleo Abstract Since 2010, it has been reported that the South East Sulawesi has had some potential mining resource area. Existence of mining companies should accommodate positive impact in environmental sustainability, including community welfare. This is a obligation for the mining company, as well as the corporate social responsibility. It is a mandate of article 74 of Number of 40 of 2007 on the Incorporated Company. In fact, based on our research in legal perspective, the mining company‘ Corporate Social Responsibility (CSR) of South East Sulawesi has not been implemented as expected by the Act of Number of 40 of 2007 on the Incorporated Company. This is due, among others: (1). Legal arrangements for CSR of Indonesia has not provided legal certainty which can materialize for environmental development. Caused by legal arrangements on CSR of Indonesia in various laws; (2). In reality of implementation for CSR, the mining company of South East Sulawesi, hasnot been well instituted. The CSR obligation of such company, therefore, it is carried out in will of each company. It is not generally oriented in environmental sustainable development. Keywords: The Corporate Social Responsibility; The Environmental Development.
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ESTABLISHING SUSTAINABLE COMPANIES AND SOCIAL WELFARE THROUGH THE SCHEME OF CORPORATE SOCIAL RESPONSIBILITY Radian Salman, Prawitra Thalib, Faizal Kurniawan and Erni Agustin
[email protected] Universitas Airlangga Abstract The constitutional purpose of Indonesia as mandated by the opening of the Constitution of the Republic of Indonesia 1945 is to promote the general welfare. This mandate should be carried out by the state through the government that is obliged to make constructive efforts through the programs or regulatory functions regulated in the legislation, which one of them is Corporate Social Responsibility (CSR). To anticipate multi-interpretation of Corporate Social Responsibility and avoid conflict as a result of the implementation of CSR, the Government should have formulation in creating a legal framework (CSR), including the elements of concept, scope and mechanism. Through detailed stipulation, defining these elements and identifying and collecting stakeholders involved are the key indicators for drafting regulations in terms of measuring CSR implementation in Indonesia. Currently, the regulation on CSR in Indonesia is spread out in several regulations, namely, The Act on Limited Liability Company, The Act on State-Owned Enterprises, The Act on Environmental Protection and Management, The Act on Consumer Protection, the Act on Prohibition of Monopoly Practice and Unfair Business Competition and other sectoral acts, as well as, its derivative regulations. CSR is really a very important thing to be established into a legal obligation not only as a voluntary obligation or philanthropy activity. Indeed, the value of CSR itself has been mandated in the constitution in which the values in the constitution have been affirmed in the Decision of the Constitutional Court Number 53/ PUUVI/2008. The decision of the Constitutional Court clearly affirms that the Corporate Social Responsibility is a duty that should be done by Companies engaged in the management of natural resources. This responsility is a part of the CSR regime. This is a fundamental reason for CSR regulation that the infinite potential of Indonesia's natural resources, besides to create a harmonious relationship between society and the company. This research focuses on creating a legal framework on CSR through the elaboration of CSR principles contained in the constitution and principles of CSR universally in order to strengthen and balance public and corporate interests to be in harmony from national to regional level and establish social welfare and sustainable companies. Keywords: CSR; Social Welfare; Sustainable Companies; Constitution.
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GOOD CORPORATE GOVERNANCE FOR PRIVATE MULTI NATIONAL COMPANY TO COMPLY WITH GLOBAL ANTIBRIBERY REGULATIONS (UK BRIBERY ACT & FCPA) AND INDONESIA COMPANY LAW Yayan Hernayanto, Santi Hapsari Dewi A
[email protected] Manufacturing Industry Jakarta Abstract The world of business today have a tendency to improve towards to a better condition. The spirit of changing become a company which have integrity should be supported by government policies related to bureaucratic and licensing services. Mutual benefit among Business actor and government will lead to the final goal of each party. Company will be significantly growth and expanding their business without being afraid with long bureaucratic and how many permissions to be done. For government advantage, they will generate income for government as well as employee or society. Many large companies which have affiliated with Indonesian Multinational Company shall comply with local regulation as well as their home state regulation. The presence of UK Bribery Act and FCPA US, became the new standard of Compliance management in Indonesia. What is the correlation between Global Anti-Bribery Regulations with Indonesia Private Liability Company Law (UU Perseroan Terbatas), Is there any risk for the directors who do not comply with the international compliance rules? And what are the activities of Indonesia Multi-National Company for facing global compliance more over after the Supreme Court released Regulation No. 13 year 2016 regarding Procedures for the Settlement of Criminal Acts Committed by Corporations. Keywords: Good Corporate Governance; Anti-Bribery Regulations; Private Liability Company Law. 68 | 1st International Conference on Law, Governance and Globalization
INDONESIAN LEGAL DEVICES TO ENHANCE THE BUSINESS PERFORMACE OF PPP PROJECTS Wahyu Kurniawan
[email protected] Universitas Wijaya Putra Abstract The acceleration of infrastructures development has been the priority of Indonesian Government. The objective is to fulfill the need for the business sector and to increase investment. The government uses the Public Private Partnership (PPP) model due to the limited financial resources derived from the State Budget (APBN). This PPP model, however, poses risks for the certainty of projects. In the circumstances that the projects are terminated create the impact on subsequent plans related to the project and also return of the investments and debts by investors and creditors. This article provides overview and argumentation about the legal devices that have been established by the government of Indonesia to mitigate the risk of PPP project in three aspects, which are the object, subject, and sources of legal relationships. The objects are the projects should be prepared comprehensively from planning until implementation phases. The subjects are the sponsors, as tender winners, have to be financially and legally assessed. The legal relationships based on contracts should regulate the existence of termination of project by the project companies, as event of default clause in the cooperation agreements become the basis to terminate and transfer of project implementation to the third party. Keywords: Infrastructure; Public Private Partnership; Project Finance; Event Of Default.
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SURABAYA GOVERNMENT POLICY IN CONDUCTING SUSTAINED URBAN DEVELOPMENT WITH RESPECT TO URBAN HERITAGE Lilik Pudjiastuti
[email protected] Universitas Airlangga Abstract Heritage is a tangible heritage and is often classified as immovable heritage and movable heritage. Heritage of a city one of them includes a historic building which is a cultural heritage and has a distinctive style and architectural traits that contain the values of the past, so urban heritage as a true urban heritage can be an important part in shaping the Image/branding of the city. Modernization and rapidly growing globalization as if it had shifted urban heritage contained within a city. Surabaya is a City of Heroes that has many monuments and historic buildings as a cultural heritage, therefore the city of Surabaya is required to implement an inclusive, safe, robust and sustainable urban development policy while maintaining urban heritage conservation and utilization without eliminating the characteristics and (SDGs), which has been developed for the purpose of the Sustainable Development Goals (SDGs). The policy instruments used by the Surabaya government to conserve and utilize urban heritage in sustainable urban development through the establishment of local legal products as the legitimacy of the government to grant licensing of cultural heritage use for business and tourism activities, renovation licenses, agreements and incentives for reserve owners or authorities culture. Keywords: Local Government Policy; Licensing; Urban Heritage Management.
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ENHANCING ZAKAH AND WAQF FUNCTION: THE APPLICATION OF ISLAMIC CORPORATE SOCIAL ENTERPRENEURSHIP IN INDONESIA Prawitra Thalib, Faizal Kurniawan, Erni Agustin and Hilda Yunita S.
[email protected] Universitas Airlangga Abstract Social function of Zakah and Waqf in Islam is to share benefits of wealth with people who are entitled to receive it in the community. These Intruments of Zakah and Waqf are expected to equalize the welfare of mankind in general and Muslims in particular. The importance of Zakah in Islam can be seen from five basic obligations that must be accomplished by every muslim, which one of them is Zakah. While, the importance of Waqf in Islam can be found in the Quran and Sunnah that recommend muslims to conduct waqf. The principle of contemporary muamalah allows modification of the application of Zakah and Waqf to be managed in the form of Islamic Corporate Social Enterpreneurship. This is because the Zakah and Waqf have similar characteristics with Corporate Social Entrepreneurship. Management of Zakah and Waqf through Islamic Corporate Social Enterpreneurship is proven to maximize the social function of zakah and waqf, since the scheme of entrepreneurship will enhance the community‘s welfare through new job opportunities created and sustainable fund management. Indonesia has an opportunity to maximize the social function of zakah and waqf through the scheme of entrepreneurship, because the majority of Indonesian citizens are Muslims who become the main resource to implement the Islamic Corporate Social Enterpreneurship tersebut. Firstly, this article will elaborate about the social function of zakah and waqf. Secondly, this article will also scrutinize the value of zakah and waqf to be implemented as a model of Islamic Corporate Social Entrepreneurship in Indonesia. Keywords: Zakah; Waqf; Islamic Corporate Social Enterpreneurship.
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PUBLIC PRIVATE PARTNERSHIP FOR INFRASTRUCTURE PROJECTS: THE ADVANTAGE AND THE DISADVANTAGE EXAMINED Muchammad Zaidun, Mas Rahmah
[email protected] Universitas Airlangga Abstract Infrastructure is vital and in increasing demand, especially in emerging economies with rapid rates of economic and population growth. Lack of infrastructure has been a major concern of triggered by the wide gap between demand and supply. Apart from lacking an adequate supply of infrastructure to support economic growth, Indonesia is also dealing with the challenges of financing the infrastructure projects. Governments are looking to public-private partnerships (PPPs) to radically improve infrastructure networks. PPP engages the transfer of responsibility to the private sector in financing and managing a package of capital investment and services comprising the construction, management, maintenance, refurbishment and replacement of public sector assets such as infrastructure. PPP can offer significant benefits to government, the private sector and consumers such as the state shares risk and responsibility with private firms but ultimately retains control of assets, reducing the government burden in their expenditure, increases efficiency in delivering public service, etc. However, PPPs are also complex, demanding and time consuming. It is thus evident that a number of drawbacks, or difficulties, are impeding the development of PPP programs for infrastructure projects. Governments need to fully recognize and address the drawbacks and their related constraints in the development of a PPP program for infrastructure by developing political commitment, flexibility, project design and contract drafting, and planning constraints. Keywords: Public Private Partnership (PPP); Infrastructure; Advantage; Disadvantage.
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1.7
Legal Aspects of Food Security
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SYNCHRONIZATION OF AUTHORITY IN INTEGRATED AGRICULTURAL LICENSE SERVICES IN ORDER TO ACTUALIZE THE SOVEREIGNTY OF FOOD SECURITY Indrawati, Lilik Pudjiastuti
[email protected] Universitas Airlangga Abstract The enactment of Law No. 23 of 2014 on Local Government and The Government Regulation No. 18 of 2016 on the Local Government Agency that have a great influence on the change of authority affairs of the administration in the region. This condition has an effect on the lack of synchronization between the authority of the administration of government affairs with the institutional of the regional apparatus and the existing apparatus resources must be reorganized in accordance with the matters which are the regional authority. Agriculture Agency is as one of the organization of regional apparatus whose authority changed after the enactment of Law No. 23 of 2014 on Local Government and The Government Regulation No. 18 of 2016 on the Local Government Agency, it certainly has an impact on the shifting of authority that was formerly only in agriculture, but this is now becoming more widespread with the added affairs of government in the field of Food, g Agriculture, Marine and Fisheries in accordance with the capabilities and needs of the region. The institutional restructuring of the Agriculture agency and its authority has implications on the implementation of integrated agricultural licensing services that have not been applied in some areas, because there is still a transition of institutional restructuring of regional apparatus and some regions still do not have relevant regional regulation. Urgency of integrated agricultural licensing services is needed considering that Indonesia has abundant natural resources such as agriculture, marine and fishery potential as one of the pillars of Indonesian economy. Therefore it is necessary to synchronize integrated agricultural licensing services in order to ensure the stability of food security and restrictions on natural resource management for the sustainability of Indonesia's natural resources balance. Keywords: Synchronization; Authority; Licensing; Food Security; Sovereignty.
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PROTECTION OF FARMER RIGHTS THROUGH A SUI GENERIS SYSTEM TO SUPPORT FOOD SOVEREIGNTY IN INDONESIA Nurul Barizah
[email protected] Universitas Airlangga Abstract The recognition and protection of farmers' rights has not been a top priority in the determination of agricultural policy in the agrarian country of Indonesia, whereas most of the Indonesian population is farmers (38.07 million). Trade liberalization in agriculture promoted by the World Trade Organization (WTO) also makes farmers increasingly marginalized particularly with the existence of UPOV Convention 1991. The UPOV Convention 1991 provides a strong protection to breeders' rights and limits the rights of farmers which have been recognized previously. Consequently, farmers are not free from fear, threats in innovation and creation, especially in maintaining their local wisdom of storing, buying, swapping and splitting the seeds. Such conditions will ultimately threaten food security and sovereignty in Indonesia. Whereas public international law has laid the foundation for the protection of farmers‘ rights and ordered the state to regulate in its national law. This paper aims to analyze how should Indonesia national law recognize and protect farmers‘ rights to support food sovereignty. This paper offers a sui generis system for the protection of farmers‘ rights based on fair and equitable principles. Keywords: Farmers; International Law; Sui Generis.
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REVISITING AGRICULTURE POLICY IN INDONESIA TO MAINTAIN FOOD SECURITY AND SUSTAINABILITY Intan Innayatun Soeparna
[email protected] Universitas Airlangga Abstract Agriculture has always been a sensitive sector for many countries in the world. It is a key sector for the Indonesian economy and sustains the livelihood of more than 50 million Indonesians, mostly farmers in rural areas. Globalisation has affected the way countries develop their agriculture policies as they have to be carefully designed within the parameters of international trade rules. Since 2015, a certain part of Indonesia‘s agriculture policies has been scrutinised in the World Trade Organization (WTO). The policy in question is Indonesia‘s import measures on horticulture products, including animal and animal products. In late December, the WTO‘s dispute settlement body (DSB) decided that Indonesia had failed to comply with its WTO obligations. The issue was started in 2012 when Indonesia introduced several import measures such as restrictive import licensing regimes, periodic and fixed import terms, local content requirements, and reference prices for certain food commodities. Several countries then considered these measures to be barriers to trade for their export products. Fruits and vegetables such as apples, pears, grapes, onions, potatoes, and poultry and beef are central to the dispute. Ultimately, Indonesia was challenged by the United States and New Zealand in the WTO. With the global recession, many groups view international trade rules as a threat as it impedes the country‘s ability in managing its domestic economy. Nevertheless, the very same rules have enabled the successful growth of Indonesia‘s agriculture sector a few decades ago. This paper attempt to analyse two issues. first is the impact of globalisation to the agriculture policy in Indonesia and, second is to elaborate the effort of Indonesian Government in order to the maintain food security and sustainability. Indonesia eventually should revisit its agriculture policy in order to balance between the obligation to comply with international trade rule and food security and sustainability. Keywords: Agriculture; Globalisation; WTO.
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MEASURE THE SCIENTIFIC PRINCIPLE IN FOOD SAFETY GATT Yusuf Adiwibowo
[email protected] Universitas Negeri Jember Abstract Food safety standards set out in Article XX of the GATT, authorizes the government to make policy, but such a move is often a trade dispute. How to measure the scientific principles in food safety and to comply with Article XX (b) GATT ?. This study uses yuridis normative methodology. Members have two options to show that their actions reviewed based on science. They may be either: a) base their actions At the International Standard, b) actions of their Base on Scientific Risk Assessment. Keywords: Safety; Food; Principles; Science and Risk.
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EFFECTIVENESS OF PARIS AGREEMENT REGIME IN CONTROL GLOBAL WARMING IN THE FIELD OF FOOD SECURITY (COMPARATIVE STUDIES OF INDONESIA AND INDIA) Suparto Wijoyo, Wilda Prihatiningtyas and Zuhda Mila Fitriana
[email protected] Universitas Airlangga Abstract Dynamic of commitment of International Community in the issue of control upon global warming has been developed since 1919 up to present. As seen from some number of International Treaties, Paris Agreement -to exemplify-, it can be depicted how strong the International Commitment to solve global-warming-related issues as well as environmental-related one. When the majority of International States agree to be bound, in contrast, the USA new President, Donald Trump has ammended former president involvement by pulling out the ratification. However, without being influenced, the rest of the world are still firmly standing together in fighting global warming: India, China and Indonesia. This paper will further discuss in brief about the progress of regulations regarding global warming solutions and its implications both in national and international scale. Furthermore, specifically, this paper highlight the effectivity of Paris Agreement regime enforcement in reducing the negative impacts of global warming. Food security will the main highlighted concern and also become the indicator of comparative studies applied in this research. Keywords: Paris Agreement; Food Security; Global Warming.
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Abstract Parallel Sessions 2nd Day
2.1 Water Resources, Coastal Management and Maritime Law
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THE ESTABLISHMENT URGENCY OF DRINKING WATER STATEOWNED ENTERPRISES AFTER THE CANCELLATION OF WATER RESOURCES LAW Siska Purnianti, S.H., M.Hum.
[email protected] Kementerian Pekerjaan Umum dan Perumahan Rakyat Abstract To achieve the condition of people who live healthy and prosperous in the future, both in urban and rural areas, will require the availability of drinking water which is sufficiently sustainable. Drinking water as a source of human life needs to be managed in a better way that can provide health and wellbeing for the whole people in Indonesia without exception. Central and local government should be able to guarantee the health and welfare of the urban and rural people through quantity, quality and accessibility of clean and drinking water. The Strategic problems of drinking water supply system after the cancellation of Water Resources Law are the role of local government and the obligatory role of Regional Drinking Water Companies (PDAM) become bigger, while not all local governments and PDAM has a good performance condition, such as some aspects: technical, financial, services, operational, and human resources. According to that problems, the Governement Regulation about Drinking Water Supply System gives a mandate that the government could establish the Drinking Water State – Owned Enterprises to develop and improve the accessibility to clean and drinking water for all people in Indonesia without exception. The purpose of this research is to analyze the urgency of Drinking Water State – Owned Enterprises establishment from the legal analysis, whether it can have a positive impact for dringking water policy to achieve 100% public access to clean and dringking water before 2019. The method of this research approach is juridical empiric research. Keywords: Dringking Water; Government; Drinking Water State– Owned Enterprises; Regional Drinking Water Companies. 80 | 1st International Conference on Law, Governance and Globalization
MANAGEMENT OF COASTAL RESOURCES ON THE JUST BASIS: A STUDY ON STRENGTHENED AUTHORITY FOR COASTAL VILLAGES IN USING NATURAL RESOURCES ALONG THE COASTAL AREAS IN BANYUWANGI Nurul Fajri Chikmawati, Tri Hayati
[email protected] Universitas Indonesia Abstract Villages along the coastal areas in Indonesia have been sociologically inseparable parts of fishing communities inhibiting within the vicinity. They serve not only as dwelling places but also as the source on which the dwellers substantially dependent. Despite the abundant resources available, the fishermen do not seem to prosper. The development programs mainly aimed at economic growth will encourage the government to intensify the natural resource exploration to finance the programs. The spirit to promote regional autonomy should result in bigger roles of the local governments to participate in their autonomously managing their own natural resources. The Law No 6 of 2014 on Villages has not specifically defined the authority to manage the natural resources along the coastal areas as stipulated in the Law No 23 of 2014 on Local Government. With socio-juridical approach, the data of this research was collected from three coastal villages in Sub-distric of Muncar : Tembokrejo Village and Kedungrejo Village. The issues on the matter in these two villages in Banyuwangi are normatively highlighted to generate recommendations to improve both the institutions and the capacity of resources available to better formulate the operational guidelines. Keywords: Villages; Coastal Village; Natural Resources; Regional Autononomy; Decentralization. 1st International Conference on Law, Governance and Globalization | 81
RIGHTS TO EDUCATION FOR COASTAL PEOPLE IN INDONESIA Virgayani Fattah
[email protected] Abstract This paper examines how to establish the protection of the right to education for coastal communities and how the Education of Special Services for coastal communities, as a manifestation of the right to education. Most coastal communities are still living below the poverty line. The quality of human resources (HR), especially related to the level of education of coastal communities is generally still low. The low level of coastal community education, it is very difficult to make fundamental changes to the mindset, nature or lifestyle and the power of analysis. The importance of the right to education as the primary vehicle for lifting and empowering children from poverty, as a means to participate actively and totally in the development of its social community and as a powerful road to human civilization itself. A human rights-based approach plays a crucial role in ensuring the protection of the people (rights-holders) and enforcement of the principle of non-discrimination by state operators (bearers of obligations). The approach serves to address, restore and provide solutions to human rights issues in disaster management so as to assist stakeholders to formulate and implement effective, sustainable, and accountable rehabilitation and reconstruction policies. Keywords: Coastal Community; State; Right.
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THE EXISTENCE OF CUSTOMARY LAW OF KAUM IN PRESERVING FISHERIES SOURCES IN MUKOMUKO Ema Septaria
[email protected] Universitas Bengkulu Abstract Ubi societas ibi ius, adagium from Marcus Tullius Cicero is very appropriate to illustrate how close relationship between society and law. This article focused on the relation among culture, law and society in Mukomuko where there still exists custom institution named Kaum. This is an empirical legal study with socio legal approach. The root of the problem is the use of mini trawler fishing gear by fishermen from Bantal village. Fishermen from other villages cannot accept this practice because the gear is not friendly for environment and undermines the sustainability of marine fisheries resources. As a result, there emerged a written agreement on the restriction of marine areas between villages which is not in line with national law. There is also custom sanction and custom fine for breach of the agreement. The result of the study has shown how preserving culture is very important to do as there are legal value therein which can solve the conflict among them and at the same time can preserve the environment. Furthermore, it is suggested Mukomuko government should support what have been governed because philosophically it supports national program on illegal fishing; mini trawl is prohibit to keep fishery resources sustainable. Keywords: Customary law; Kaum; Fisheries Sources.
1st International Conference on Law, Governance and Globalization | 83
ARCHIPELAGIC STATE PRINCIPLE IN INTERNATIONAL MARITIME LAW DEVELOPMENT Ria Tri Vinata
[email protected] Universitas Airlangga Abstract The archipelago consisting of several coastal islands and two island states in the Southeast Asian region. Archipelagic state Principle of Indonesia and Philippines need to consider not only geographical but also natural characteristics and especially historical backgrounds. The Archipelagic state Principle fought for by the archipelagic country is essentially an application of the principle of a straight line in an archipelagic state, although this principle based on international law applies only to coastal islands. This paper use normative Archipelagic State Principle in International Maritime Law Development This paper uses the normative method with comparative approach problem. The purpose of this paper is to analyze the development of the concept of Archipelagic State Principle in archipelago country, especially Indonesia. Keywords: Archipelagic State Principle; Straight Base Line; UNCLOS 1982.
84 | 1st International Conference on Law, Governance and Globalization
2.2 Protecting Intellectual Properties in Globalization Era
1st International Conference on Law, Governance and Globalization | 85
THE BENEFITS INDICATION OF ORIGIN PROTECTION OF NATURAL DYEING TENUN IKAT FOR THE SMALL BUSINESS IN SUMBA Helitha Novianty Muchtar, Ahmad M Ramli and Muhamad Amirulloh
[email protected] Universitas Padjadjaran Abstract Tenun ikat sumba has a distinctive ornamental background of ancient culture and workship of the ancestors deified according to local customs and beliefs. Motifs on the bundle of Sumba is a symbol of the daily life of the community by making the motive is done through the process of binding yarn so called ikat Sumba. Tenun Ikat is the original fabric in sumba, indigeneous people and the community in sumba always wearing tenun ikat in every ceremony and daily used in community, the process of making tenun ikat is very traditional.the part of process tenun ikat is dyeing the fabric, in process dyeing tenun ikat every craftmen has the secret process, its start from the collect natural material, make the material become important. Indication of origin is the part in bundle of rights intellectual property right, in indication of origin is the disclosure information from consumer where the goods come from and the location where the goods maked, is the guide to consumer about the quality of goods, tenun ikat sumba come from sumba island, tenun ikat in sumba have a good quality and the dyeing tenun ikat make from natural coloring. The protection indication of origin would be a solution for the increase the small business community in sumba. Keywords: Origin Protection; Tenun Ikat; Small Business.
86 | 1st International Conference on Law, Governance and Globalization
LEGAL PROTECTION OF INVENTION IN THE FIELD OF BIOINFORMATICS IN INDONESIA AND SINGAPORE Abdul Atsar
[email protected] Universitas Singaperbangsa Abstract The positive impact of globalization, the increasing progress of science and technology, such as biological science and information technology. The advancement of science and technology will give birth to creative people who can produce innovative products, such as in the field of bioinformatics so they need legal protection for their work or invention through legal protection system of Intellectual Property Rights. The method of writing this research is normative juridical. The approach of this research is the approach of legislation, conceptual, and comparative. This research includes descriptive research. In this research, used primary data source and secondary data source. Data analysis technique is qualitative normative analysis technique. Software, databases, methodologies and bioinformatics products can only be protected through the copyright regime, this is based on the provisions of Law no. 28 of 2014 on Copyright, Article 40 paragraph (1). A software (software) can still be protected by a Patent mechanism if the software related to the computer program can solve technical problems and related to technology and there is already patent protection from the country of origin. Law no. 13 of 2016, Article 4. Only bioinformatics hardware, patented. In addition, bioinformatics (information) methodologies and products (information) can be protected through a trade secret regime. It is stipulated in the provisions of Article 1 number 1 and Article 2 of Law no. 30 Year 2000. Singapore governing Patents is a Patent Act (Chapters 221, Sections 42, 110 and 115) may be given for the discovery of a product or process. The invention shall meet the following conditions: 1) new; 2) inventive step; 3) Applicable in industry; 4) The publication or exploitation of the invention is generally not expected to encourage violent, immoral or anti-social behavior; Bioinformatics may be protected by Patents if they meet these four conditions. The law governing patent protection in Singapore when compared to Law no. 13 of 2016, has similarities regarding its patentability and protection terms, patent subjects, legal remedies and other types of patents. Keywords: Legal Protection; Bioinformatics; Indonesia; Singapore.
1st International Conference on Law, Governance and Globalization | 87
IMPLEMENTATION OF THE OWNERSHIP OF TRADE SECRET PROTECTION IN COMPANY (STUDI AT PT PHAPROS, TBK DAN PT LOMBOK GANDARIA FOODS INDUSTRI) Kholis Roisah, Putri Purbasari Raharningtyas M
[email protected] Universitas Diponegoro Abstract Trade secrets represent the R&D, investment, creativity, and inisiation of a company's business is a strategic asset of a company and a key factor for the company to maintain and develop its competitive advantage. The obligation to maintain confidentiality should always be pursued by the owner of trade secrets in order for legal protection of trade secret rights to remain. The objective of the study was to analyze the implementation of trade secret protection in Company of PT Phapros and PT Lombok Gandaria Food Industri and its research method was empirical juridical. The results of the research, the implementation of trade secret protection in company shall be made through an employment agreement between the company and the employee during employee recruiting, for the incumbent personnel and the terminating employees. The employment agreement of the company also makes procedural policies to protect its trade secrets. The implementation of trade secret safeguards in PT Phapros and PT Lombok Gandaria are conducted through Particular Working Agreements (PKWT) and Non-Specific Time Working Agreements (PKWTT) that bind workers to keep company secrets of the company's trade secrets from the beginning of the worker until the life of the worker. Differences of the implementation of the protection that is, the restrictions on access and security facilities in PT Lombok Gandaria in more detail, while the employee agreement of PT Phapros create the obligations of the parties to keep the confidentiality of the company's information in more detail. The employment agreement and company rules are evidence that the trade secret owner has made reasonable efforts and also as evidence in court of the infringement of trade secret rights. Keywords: Protection; Trade Secrets; Employnment Agreement; The Company.
88 | 1st International Conference on Law, Governance and Globalization
LEGAL PROTECTION TO USE OF NAME OR TITLE CREATIVE AND INNOVATIVE WORKS AS DOMAIN NAME IN INDONESIA Muhamad Amirulloh, Ahamad M. Ramli and Helitha Novianty M.
[email protected] Universitas Padjadjaran Abstract The name or title of creative and innovative works (krenova work), can be used as an internet domain name. The use of the name or title of the works of krenova as a domain name in electronic commerce activities (electronic commerce), became one of the most decisive business strategy of the millennium era given its ability in promotion and distribution of products can reach to all corners of the world in a very short time . In Indonesia, generally the name or title of the work of krenova has not been registered as a product brand. The use of the name or title of the work of krenova as a domain name by another party without the permission of the owner of the work of krenova (cybersquatter), besides the applicable cancellation of its domain name by UDRP and Article 23 paragraph (3) of the ITE Law, also violates the provisions of Article 23 paragraph) of the ITE Law and may be sued for civil damages under Article 38 of the ITE Law. Keywords: Cybersquatting; Creative and Innovative Work; Domain Name; UDRP; UU ITE.
1st International Conference on Law, Governance and Globalization | 89
THE NAGOYA PROTOCOL FOR ACCESS AND BENEFIT SHARING OF GENETIC RESOURCES: KEY CHALLENGES AND PRACTICAL WAYS FORWARD FOR THE IMPLEMENTATION IN INDONESIA Mas Rahmah
[email protected] Universitas Airlangga Abstract This article assesses the effectiveness of the implementation of Nagoya Protocol to the Convention on Biological Diversity for controlling access and benefit sharing (ABS) of genetic resources in order to prevent biotechnological utilization in violation of either the provider country legislation or mutually agreed contractual obligations. The implementation of The Nagoya Protocol may spark challenges at normative and practical challenges. At normative level, the lacking the necessary ABS provisions including effective monitoring and sanctions and hesitancy of choosing the strusture and regime design become the key challenges. At practical level, the challenfes may arise at designing institutional and mechanism of ABS. This article underscores how Indonesia may use the Nagoya Protocol's as a model to soften both problem of normative and practical challenges. Keywords: Nagoya Protocol; Access and Benefit Sharing; Indonesia; Challenge.
90 | 1st International Conference on Law, Governance and Globalization
THE CONSTITUTIVE SYSTEM OF TRADEMARKS REGISTRATION IN INDONESIA AND AUSTRALIA Agung Sujatmiko, Ria Setyawati
[email protected] Universitas Airlangga Abstract Trade Mark as a part of Intellectual Property Rights (IPR) has very important function in goods trade, especially for products with famous trade mark. The famous trade mark has high economic value if it is compares to others products. On the other side, it is also fragile to falsification which done by irresponsible business person. Due to the protection trademarks owners in Indonesia, the law maker compile Indonesian Trademarks Act Number 20 Year 2016 regarding Trade Marks and Geographical Indication. Under Law Number 20 Year 2016, the protection is not only for typical goods and or services, but also untypical goods and or services. Similarly in Australian Trademarks Act 1995. In both Act (Indonesian and Australian act) the registration must be done by the owner of the trade mark. The protection for any infringement of trade marks is not automatically, the registration for any Trade Mark is a must. In this matter, non-registered trademarks is not be protected. There are some reasons why the trademarks owners do not registering their trademarks, such as the lack of knowledge about the importance of registered trademarks and they think that the registration is costly and need times to get the certificates of registered trademarks. In fact, registration is cheap and easy to do it. When the owner can not register by himself/hersel, he or she can ask to the consultant of Intellectual Property Rights. Consultant is a person who has expertise in intellectual property rights. Indonesian and Australian Trade Mark Act also adopt priority right system regarding the registration. The priority right give some benefits for applicants who want to register their trademarks, such as they can saving time and cost for registration fee. There are two system in protecting trademarks, constitutive system and declarative systems. Indonesian Trade Marks Act 1961 used declarative system, but it turn in to constitutive system in Trade Mark Act 1992, Trade Mark Act 1997, Trade Mark Act 2001, and the newest, Trade Mark Act 2016. This article will analyze the constitutive system of trademarks registration in the Indonesian Trademarks Act and Australian Trade Marks Act. It will be focussed on the benefits of constitutive system in both countries. Keywords: Trade Mark; Constitutive System; Priority Right.
1st International Conference on Law, Governance and Globalization | 91
2.3
Human Rights in Globalization Era
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THE PROTECTION AND FULFILMENT OF HUMAN RIGHTS OF IRREGULAR MIGRANT WORKERS THROUGH THE NON DISCRIMINATION PRINCIPLE IN ORDER OF THE IMPLEMENTATION OF SOCIAL JUSTICE Riri Anggriani
[email protected] Universitas Tadulako Abstract Indonesia migrant workers has an important role in economic growth for both for sending and receiving state. But they are vulnerable to be violated in their human rights, especially for those who stated as irregular migrant workers. The problem is how Indonesia provides protection and their rights through a non discrimination principle. Protection and fulfilment of their rights is indefectible without any differentiation by non discrimination principle. This research was a legal research. Purpose of this research is there is no differential in providing protection an fulfilment of their rights for those who has document or not, in order to implement social justice. Indonesian government have responsibility to grant, protect an fulfill their rights at any circumstances, as stated in Convention of Migrant Workers and Their Family in 1990 an other International human rights instruments. Keywords: Migrant; Rights; International.
1st International Conference on Law, Governance and Globalization | 93
INTERNATIONAL COOPERATION ON PROTECTING HUMAN RIGHTS IN REGIONAL ASEAN (INSIGHT FROM INDONESIA) Ridwan Arifin, Careno Bafaloe, dan Muhammad Adam Farizko
[email protected] Universitas Negeri Semarang Abstract Human rights was become very serious issue especially in South East Asia regional. The violations of human rights occured some problems, as well as in the political will problem. The fulfilment of human rights should be served by a State as the highest institution that represent people. In Indonesia itself, the problem of violations of human rights become more complicated with some tendecy and labelling for some communities. Past experience of Indonesia in fulfilling human rights was aslo not succesful story. Some facts showed that, there are some violations of human rights. Nowadays, human rights issue was also related to the mobility of people such as immigrant, refugee, and aslo asylum seekers. Different legal systems among South East Asian Countries become a special barier on protecting the human rights in regional South East Asia. ASEAN Human Rights Commission (AHRC) was established but the role not significantly solve some problems. The fulfilment as well as protection of human rights, basically affected by political interest of the Country. Some international cooperations signed to cover this human rights issue, whether for immigrant, refugee, asylum seeker, or even for migrant workers. This paper would like to examine two main issues, namely, first, how was the international cooperation among ASEAN Countries in the perspective of Indonesia to cover Human Rights Protection in regional, and second, how the role of Indonesia on promoting the protection of human rights in regional ASEAN. This paper used some comparative cases among ASEAN countries, as well as the applicable legal systems. Some sepefici cases used for more detail insight especially from Indonesian cases. This paper emphasized that, the role of State leaders, such as President or prime Minister, or Minister, and also the related institutions, have very important role on promoting human rights in regional. International cooperation would be effective measure to solve the problem of human rights especially in case of immigrant and migrant workers. Keywords: Human Rights; International Cooperation; ASEAN.
94 | 1st International Conference on Law, Governance and Globalization
THE LEGISLATION RATIOS ON THE REFORMULATION OF THE CRIMINAL LAW ON INDECENT DEEDS TO THE SAME SEX COUPLE IN INDONESIA (THE COMPARATIVE STUDY OF INDONESIAN CRIMINAL LAW AND TWO OTHER ASIAN COUNTRIES) Riswan Erfa, Mustajillah
[email protected] Pusaka Consulting Abstract A law system in a country, is not certainly only limited to one sub-system of law. The system may include a variety of settings in a variety of legal subsystems. Both regulations in criminal law, civil law, constitutional law until the governance law of the government. Analyzing by comparing the rules in the legal subsystem will bring benefits in determining the direction on how to improve the rules of the existing legal subsystem. Comparing criminal rules in Indonesia with criminal rules in some Asian countries will give us an idea of how those countries built their criminal laws. So we can look at the parts of the rules that is possible to be adopted in the development of our criminal law system. One of the interesting legal issues that we can analyze in the comparative law study is the Criminal Offense of Decency that regulates the prohibition of indicent deeds to the same sex couple as regulated in Article 292 of the Criminal Code. However, the article does not regulate the prohibitions of indicent deeds committed by same-sex couples who are fit to adult qualifications. This paper is a normative legal research using statute approach and conceptual approach. This paper would examines the legal norms by looking at comparative theory of criminal law, criminal law policy theory, and human rights theory through a comparative law approach. Finally, the analysis can explain the legislative ratios of the need to regulate homosexuals in criminal law in Indonesia. Then, We can formulate the ideal concept of the prohibition of indicent deeds by same sex couple as an offense. Keywords: Indicent Deeds; Same-Sex Couple; Comparative Law.
1st International Conference on Law, Governance and Globalization | 95
IMPLEMENTATION OF RESTITUION TO TRAFFICKING VICTIMS AS A FORM OF LEGAL PROTECTION IN THE PERSPECTIVE OF HUMAN RIGHTS Agus Takariawan
[email protected] Universitas Padjadjaran Abstract The crime of human trafficking is an act of violation of human rights by various modus operandi, namely by slavery, prostitution, and sexual exploitation. Victims of human trafficking are dominated by vulnerable groups such as women, girls, and boys. While the perpetrator is made up of a business actor, either a corporation or a group or a particular community seeking commercial gain from that person's trading activities. Therefore, it is necessary needed the government's attention specifically to the handling and enforcement of the law as a legal protection effort for human trafficking victims, especially on the rights of victims of human trafficking which tend to be ignored in the legal system as well as in the criminal justice system in Indonesia. As for the purpose of this study is to explore the implementation of the provision of restitution for victims of criminal human trafficking in as set forth in law number 21 of 2007 on combating the crime of trafficking in human rights perspective. The method used in this research is descriptive analytical using normative juridical approach method that is qualitative, that is research conducted with based on library data or secondary data. While the data analysis used is qualitative juridical. Based on the results of this research, that legal protection against victims of trafficking in persons in the form of restitution, compensation, and rehabilitation as well as some other legal protection can not be applied because it is constrained by various factors. One of the inhibiting factors is the absence of a clear mechanism in the provision of restitution for victims of criminal trafficking, so that law enforcers and victims find it difficult to present evidence or details of the harm suffered by victims in writing which can be submitted to the hearing. In addition, that judges tend to see restitution witness as a lawsuit that must be filed in civil or normal manner, or new to the victim or complicate the victim's right to obtain restitution. While from traffickers who are sanctioned in the form of restitution that must be paid to the victim. It creates a new dilemma in the fulfillment of the victim's right, so it is necessary to seize the assets of the perpetrators based on the verdict of the court as a guarantee against the restitution that the perpetrator must pay to the victim. Keywords: Human Trafficking; Victim; Protection.
96 | 1st International Conference on Law, Governance and Globalization
THE RESTRICTION OF CITIZENS POLITICAL RIGHTS IN PERSPECTIVE OF HUMAN RIGHTS AND DEMOCRACY: EXPERIENCE OF INDONESIA Hernadi Affandi
[email protected] Universitas Padjadjaran Abstract Formally, in the 1945 Constitution all citizens have equal rights and opportunities to participate in government. However, in some laws there are several groups of citizens whose political rights are limited in both active and passive voting rights. Restrictions on the political rights of citizens have been ongoing since Indonesian independence and continue until now. As a consequence, the group of citizens can not exercise their political rights properly. As a result of these restrictions, it was allegedly violating human rights and contrary to the principles of democracy adopted by Indonesia. The purpose of this paper will try to examine three things, namely: First: the reasons of limitation the political rights of citizens viewed from the perspective of human rights. Second, the consequence of restrictions on the political rights of citizens to participate in government from the perspective of democracy. Third, the comparison of regulation on citizens' political rights in Indonesian law with the laws of other countries. The method to be used is the normative and comparative law. Keywords: Citizenship; Democracy; Human Rights; Political Rights.
1st International Conference on Law, Governance and Globalization | 97
NON-DISCRIMINATION PRINCIPLE IN THE INDONESIAN LEGISLATION CONCERNING CHILDREN Zendy Wulan Ayu W.P, Dwi Rahayu Kristianti
[email protected] Universitas Airlangga Abstract Children are considered as a vulnerable group whose rights are violated and neglected. It is the result of systemic discrimination, directly or indirectly, to children. Children are particularly vulnerable to discrimination in most societies because of their dependency on adults. This also a consequence of adults for not letting children freely exercise their selfdetermination right. In addition to experiencing discrimination as a group ('based on age discrimination'), children face discrimination on other grounds such as their gender, disability, or sexual orientation, and sometimes due to a combination of various reasons. Article 2 of the Convention on the Rights of the Child (the CRC) has ensured the prohibition of all forms of exemption and discrimination against children. At the same time, it affirms that all children are recognized in their rights without discrimination on any grounds. Indonesia has ratified the CRC through Presidential Decree Number 36 Year 1990. In addition, Indonesia, through its constitution has guaranteed that every child has the right to survival, growth and development and is entitled to protection from violence and discrimination. Unfortunately, some laws related to children in Indonesia are still discriminatory. This research will discuss two legal issues. The first is the principle of non-discrimination as one of the basic principles of children's rights and the second is to discuss the discriminatory nature in laws relating child. This research is a normative research which uses statute and conceptual approaches. Keywords: Non-Discrimination Children‘s Right.
Principle;
Discriminatory
98 | 1st International Conference on Law, Governance and Globalization
Legislation;
TERRORISM AS A CRIME AGAINST HUMANITY AN OVERVIEW TO THE ACTS OF TERRORISM IN THE 21st CENTURY FROM THE INTERNATIONAL LAW AND THE HUMAN RIGHTS PERSPECTIVE Aulia Rosa Nasution
[email protected] Universitas Medan Area Abstract Issues of terrorism nowadays become a trending topic over the last decade. After the September 11 attack in the World Trade Centre which has killed more than 3000 civilians, more and more acts of terrorism are occurring in different parts of the world and becoming widespread around the world. Terrorism as one of the international serious crimes has threatened and endanger the peace and the security of mankind. The number of victims which caused by the acts of terrorism became one of the reasons for many countries in the world to classify it as one of the most st heinous crime in the 21 centuries. Many experts consider acts of terrorism as an ordinary crime, while in fact, the number of the victims inflicted by terrorism is increasing rapidly. The perpetrators of terrorism acts nowadays is unlimited from the State terrorism to non- state Terrorism, from the terror group like Al- Qaida to the most violent group like ISIS. This research aims to discuss and to analyze the terrorism as a crime against humanity from the perspective of international law and human rights. The first section will discuss the introduction that will provide a general picture of the issue of terrorism, the problem identification, the methodology of the research and the objectives of the research . The second section will discuss the definitions of terrorism, the characteristic and the elements of international and domestic terrorism, the motives of terrorism and the perpetrators of terrorism from State actors to the non state actors. The third section will review about the crime against humanity, the acts of terrorism as a crime against humanity and the legal settlements for acts of terrorism as a crime against humanity under the international conventions of terrorism and human rights. The fourth section as the concluding section will explain the conclusions and recommendations. Keywords: Acts of Terrorism; Crime Against Humanity; International Conventions; Non State Actors; State Actors; Human Rights.
1st International Conference on Law, Governance and Globalization | 99
LEARNING FROM 12 YEARS OF PEACE IN ACEH: SEEKING PROSPERITY AND PROGRESS IN ACEH Said Achmad Kabiru Rafiie, Said Atah and Amir Husni
[email protected] Universitas Teuku Umar Aceh Abstract This paper aims to discuss the progress of peace in Aceh after the signing of the Memorandum of Understanding between the Aceh Freedom Movement, or Gerakan Aceh Merdeka (GAM), and the Republic of Indonesia in Helsinki in 2005. Prior to this, Aceh was a tense region and home to the longest armed conflict in Southeast Asia – underway since 1982. The people of Aceh were fighting to realize the concept of self-independence. However, the movement came to a stop when the devastating tsunami hit Aceh in 2004. The purpose of this paper is to discuss the political, social, economic and cultural achievements since Aceh entered into a new chapter of peace. Using primary and secondary data in the context of descriptive analysis, this paper offers a comprehensive perspective on current conditions in Aceh. This study found that social and economic progress in Aceh has not been as successful as its political achievements. Furthermore, in terms of culture, progress has been ambiguous. This paper aims to provide a better understanding of how to maintain peace in Aceh by addressing social, political, economic and cultural issues with the goal of attaining prosperity and well-being for the people of Aceh. Keywords: 12th Acehnese Peace Agreement; Learning Process; Progress of Peace.
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2.4
Health Law and Social Security System
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TRANSPARENCY IN SURGICAL INFORMED CONSENT TO PREVENT MEDICAL DISPUTE Carolina Kuntardjo, Agus Yudha Hernoko
[email protected] Universitas Airlangga Abstract Informed consent is one of the topic in medical ethics which still interesting for medical professions. Recently most discussions of informed consent focus rather narrowly on disclosure of information, or in the other word it can be said as a transparency. This thesis will talk about ―transparency in surgical informed consent to prevent medical dispute‖. Surgery has a specific and unique characteristic which can affect doctor-patient relationship. Transparency in informed consent has an important role in making decisions for surgeon and patient, especially about surgical treatment. Unfortunately, an ethical gap makes the process of transparency in informed consent can‘t be performed. One of the reason that there is lack of effective communication between the party. Bad communication usually makes conflict and medical dispute between surgeon and patient. The aims of this research are to analize how does the transparency important in informed consent and to analize how the medical dispute can be resolved. Transparency in informed consent can prevent medical dispute in surgery, so standardization in transparency is very important. If medical dispute happens, the first and the best solution is the outcourt settlement or mediation before bring it to court. Mediation in medical dispute is specific so it should be have a specific regulation. Keywords: Transparency; Informed Consent; Medical Dispute; Mediation.
102 | 1st International Conference on Law, Governance and Globalization
PREVENTION OF CORRUPTION IN HEALTH POLICY IN THE ERA OF REGIONAL AUTONOMY (CASE STUDY AT JOMBANG EAST JAVA, INDONESIA) Nur Basuki Minarno, Rr Herini Siti Aisyah
[email protected] Universitas Airlangga Abstract In the application of Law Number 32 Year 2004 regarding Regional Government which gives authority to regional government is greater in the period before regional autonomy; It turned out that the impact on corruption negligence in the region. Decentralization should really be the spearhead of the acceleration of good governance, especially with regard to technical issues in the health field so the change. Prevention of corruption is felt significantly by society. In accordance with the authority possessed by the local government, it can be taken a policy that can cut both the bureaucracy and directly or ineffectively and inefficient health services. Local government seen from the function of local agency then we can see as: a. Formulation of technical policy, guidance and guidance, granting of permits in accordance with policies stipulated by the Regional Head. b. Implementation in accordance with the main duties and applicable legislation. c. Security and technical control over the implementation of its core functions in accordance with the policies determined by the leadership.Decentralization is a way of overcoming institutional barriers, physical decentralization and development administration as well as ways to transfer central responsibility to the regions. Based on Law Number 23 Year 2014. Absolute governmental affairs are a matter for the Government which is the full authority of the Central Government. The current administrative problem is the government affair that is divided between central and provincial and district / city governments. Public government affairs are Government Affairs which are under the authority of the President as head of government. Decentralization should really be at the forefront of accelerating the creation of goodgovernance-issues related to technical issues in the health sector so that changes in preventive actions can be made significantly by the community. In accordance with the authority possessed by the local government, it can be taken a policy that can cut both the bureaucracy and directly or ineffectively and inefficient health services. Keywords: Corruption Autonomy; Service; Health.
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IMPLEMENTATION OF ARTICLE 4 ACT NO. 24 /2011 ABOUT BPJS ON THE NATIONAL HEALTH INSURANCE SYSTEM TO IMPROVE HEALTH SERVICES Hilda Yunita Sabrie, Prawitra Thalib
[email protected] Universitas Airlangga Abstract Badan Penyelenggara Jaminan Sosial or often in short BPJS is a nonprofit legal entity established in the framework of organizing social security related to health and employment. BPJS is in the form of the mandate Act No. 24 / 2011 About BPJS. Especially for BPJS Health, the purpose of this BPJS is to realize the implementation of the provision of appropriate health insurance for each participant and / or family members as the fulfillment of the basic needs of life of the people of Indonesia. Next expected people in Indonesia get a guarantee of health services and hospitals . This is also similar as mandated in the Constitution of the Republic of Indonesia of 1945 (UUD 1945). But since the existence of BPJS as the only legal entity providing health care for the community in the form of compulsory social insurance, there are still grievances experienced by the community in this case as the insured. This matter should get attention or supervision on whether the national social security system in BPJS apply in accordance with applicable legislation. This needs to be examined more deeply because the procedures seen by BPJS seem very complicated. In addition whether the principles that exist in the BPJS has been properly applied in legislation or in practice. Still, the government must continue to make better, more effective and efficient reforms. Keywords: BPJS; Governance; Insurance.
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REHABILITATION OF NARCOTICS ADDICTS AS THE RIGHTS TO HEALTH Sarwirini, Riza Alifianto Kurniawan
[email protected] Universitas Airlangga
Abstract Illegal Narcotic addiction can be qualified as commiting crime. The punishment for illegal drug offender and place them to prison is far from success to reduce the rate of illegal narcotics consumtion. The offenders tend to come back to their addiction and turn them to commit crime related with illegal drug trafficking. The objective by punished the illegal drug offenders could not meet its goal and should be amendment. One of alteration strategy to release the offender from addiction is rehabilitation program. This program will treat the offenders recover from the addiction and reduce the negative impact of punishment. Furthermore rehabilitation would cohere with the rights for health. Keywords: Drug Addiction; Rights of Health.
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THE COMPARISON OF INDONESIAN AND SINGAPORE HEALTH LAWS Siti Soekiswati
[email protected] Universitas Muhammadiyah Surakarta Abstract Comparison of health law practice in Indonesian with Singapore was very lame. This situation was mainly influenced by socio-cultural citizens and philosophy that developed in each country. The situation was clearly illustrated in the health service by each workers independently in the community. Independent health services in Indonesia especially in suburban and rural areas were strongly influenced by social culture and even the economic level of the patients. One of the most influential forms of local wisdom was a ‗dukun‘ who is competently difficult to perform competency tests. This situation made a major impact on health services at the next level. Health care practice by health personnel according to legislation should be done profesionally. In fact, paramedics in Indonesia were accustomed to doing medical practice on independent health services. Competence was no longer an important thing in the implementation of health services, so it was not surprising that the health level in Indonesia was still far from good criteria. The practice of health care in Indonesia was different from Singapore which in health services could be done professionally and the legislation was running as it should. So Singapore was nominated as the best country in health service in 2014 by Bloomberg News, titled ‗The Most Efficient Health Care‘. Law education effort to the Indonesian community would be very important to do, with the basic philosophy of transendental law. Transedental-based law education was able to keep local wisdom from extinction even growing. The next effect of such education was the more regulated independent health care services. Keywords: Independent; Health Care; Services; Widom; Transendental.
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2.5 Legal Aspects of Regionalism: Free Trade and Its Challenges
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THE CHANGING ROLE OF AMICUS-CURIAE IN THE RELATIONS BETWEEN NON-GOVERNMENT ORGANISATION AND THE WORLD TRADE ORGANISATION Kim Van Der Borght, Intan Soeparna
[email protected] Vrije Universiteit Brussels Abstract This paper attempts to analyse the changing role of amicus-curiae in the WTO dispute settlement system where the Appellate Body was developing and implementing a judicial policy. Although it was a radical step for Appellate Body to engage amici curiae, it has given an indication that this body has opened the possibility for deepening and strengthening the relations between the nongovernment organization and WTO in order to provide the possibility for a non-government organization to engage in WTO actively. Keywords: Changing rule; Organisations; WTO.
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LEGAL REQUIREMENT ON TRANSACTION CROSS-BORDER AFTER THE FREE TRADE OF ASEAN - HONG KONG Maria Francisca Mulyadi Mail
[email protected] Universitas Presiden Abstract With the free trade of ASEAN and Hongkong supported by information technology very quickly indirectly has eliminated the state boundaries, so that transactions can be done on line system. Given the differences in letters and laws are getting farther, then the legal terms of a contract becomes a questionable thing. Currently Indonesia still adheres to Article 1320 Civil Code as a condition of validity of an agreement, is it still applicable to cross-border trading system? The research method used in conducting the research is the normative juridical with analytical descriptive specification to describe and analyze the provisions relating to the validity of a contract of transactions across the boundaries. In the era of globalization and free trade today, many emerging variety of goods and services across borders. In the transaction, the contract is questioned about the terms of the validity of the agreement, for the protection of the law for the executor of the agreement required the legal terms of an agreement which in general Article 1320 Civil Code can not be fully implemented because there are some things that become subjective requirements changed, but the progress of this agreement is still covered In article 1338 Civil Code. Keywords: Agreement; Legal Requirement; Free Trade.
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HOW DEVELOPING COUNTRIES BENEFITED BY THE WTO RULE OF ORIGIN Jani Purnawanty Jasfin
[email protected] Universitas Airlangga Abstract According to the Inter-American Development Bank (IDB), countries participating in the global supply chain tend to benefit on average 15 percent more than countries that are not in the global supply chain sequence. This advantage fits the estimated amount when The country obeys the Rule of Origin the WTO. Empirical evidence indicates that Rule of Origin has significant implications for the company's decision in choosing the location where they break production. Therefore, strict RoO can cause the function of the value chain to be less than optimal. Overly stringent RoO implementation closes the opportunity for countries to use cheaper parts and materials from third countries. On the other hand, the strict imposition of RoO affects the ability of developing countries, including middle income and underdeveloped countries, to fully benefit from improved market access provided through preferential or negotiable schemes under their RTA. To that end, some members have expressed interest in moving to harmonize. It is important to discuss how to define harmonization and how best to be framed so RoO really benefits developing countries. Keywords: Global supply chain; Rule of Origin; Developing Countries.
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REFORMATION PROTECTION ON INDONESIAN WORKER REGIM TO ASEAN COMMUNITY 2025 Lanny Ramli, Koesrianti
[email protected] Universitas Airlangga Abstract Until now Indonesian worker not fully protection faced ASEAN Economic Community (AEC) free trade liberalism in ASEAN COMMUNITY especially undocumented Indonesian worker. Actually, there is regulation Act Number 39 Year 2004 for protection Indonesian worker but we should finding the new model for more protection to all Indonesian worker in ASEAN country. The state by the government has responsibility to achieve it. Connecting to the rights character (in rechtsstaat that is liberal and democratic), ―the rights to do‖ in sociale rechtsstaat creates ―the rights to receive‖. Connecting to the law protection means, the more complex law protection system for people, the more means needed in order realize people rights protection, particularly social rights, economy rights, and cultural rights. For the further we try to find the social justice and non discriminative model and the structure of regulation for protection Indonesian worker especially for undocumented worker as best practice because Act Number 6 Year 2012 as Ratification of International Covenant of Right Protection for Migran Worker and Their Family ( 1990 ) not enough protected Indonesian worker in other country. Actually to find the social justice and non discriminative model and the structure of regulation for protection Indonesian worker especially for undocumented worker as best practice we must look at the blue print of ASEAN Economic Community (AEC). Keywords: Worker; Protection; ASEAN. 1st International Conference on Law, Governance and Globalization | 111
THE POLITICAL DIRECTION OF THE LAW CONTROLLING FOREIGN WORKERS WHO WORKS IN INDONESIA Anisha Tiana
[email protected] Universitas Airlangga Abstract The inception of the regulation No. 6 year 2011 concerning immigration and No. 13 year 2003 and regarding the employment has had a massive impact in the political direction of the law controlling foreign workers who works in Indonesia. The controlling system of foreign workers who work in Indonesia aims to protect the rights of Indonesian citizens from losing their jobs because of the high number of foreign workers who come to work in Indonesia. As the implementation of an Article 27 paragraph 2 of the national constitution in 1945 specifies where every citizen of Indonesia has the right to work and a decent subsistence for humanity. As the state which constituted by the law, Indonesia has a responsibility to protect the rights of its citizens in accordance with Article number 28, paragraph 4 where the protection, promotion, enforcement and fulfillment of human rights is the responsibility of the state, especially in this case is the responsibility of the government. The utilization of foreign labor in Indonesia should be limited in number and areas that can be occupied by the foreign labor. The Labor law and regulation limit the positions that can be occupied by the foreign labor. The positions which are prohibited (closed list) should be considered by the employer before filing the utilization of foreign labor. Apart from having to comply with the provisions regarding the positions, the employer should also pay attention to the standards of an applicable competency. Keywords: Political Law; Foreign Labor; Employment Regulation. 112 | 1st International Conference on Law, Governance and Globalization
LEGAL STUDY ON INVESTMENT INFLOWS INTO ACEH PROVINCE AFTER PEACE RESOLUTION Azhari Yahya
[email protected] Universitas Syiah Kuala Abstract Investment inflows into Aceh Province during conflict period (19762005) between Free Aceh Movement and the Government of Indonesia were relatively low due to unsecured condition that occurs in this province. This paper aims to scrutinize current condition of investment inflows into Aceh Province after peace resolution between both parties is resolved. In conducting this study, researcher applied qualitative research method by relying on primary and secondary data. Primary data were collected through fieldwork by interviewing several respondents and informants. Secondary data were obtained through library research by analyzing relevant documents, government reports, case studies and current literature. The results indicate that investment inflows into Aceh Province after peace resolution period significantly increase. This condition is caused by better investment condition after Free Aceh Movement and the Government of Indonesia agreed to seek a peaceful conflict resolution through a peaceful agreement which was signed on 15th August 2005 in Helsinki. Better investment condition in Aceh also occurs because Aceh Government has special law on investment, namely Qanun Number 9 of 2014. This qanun legalizes local government of Aceh to seek investment resources directly in overseas to be invested in this province. It is suggested that both parties should keep and maintain peaceful agreement as a primary requirement to attract more investment in the future. Keywords: Investment; Peace Resolution; Aceh Province. 1st International Conference on Law, Governance and Globalization | 113
2.6
The development of transportation law
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LEGAL PROCEDURES FOR INDEMNIFICATION OF AIR TRANSPORT SERVICE Adhy Riady Arafah, Bagus Oktafian Abrianto
[email protected] Universitas Airlangga Abstract Currently, Indonesia has ratified the Montreal Convention 1999 through Presidential Regulation No. 95 of 2016. The Convention provides for the provision of compensation for the users of air transport services in which the value of compensation and the provisions of the Convention apply to the losses suffered by air transport service users. However, this Convention does not provide for the legal procedure of indemnification, provided that legal procedures are submitted to States Parties to the Convention that follow national law. The difficulty of this legal procedure caused many users of air transport services not to receive compensation that should be contained in the provisions of the Montreal Convention 1999. With regard to administrative law, that transportation services is part of the bestuur task related to bestuurszorg, so it should be in accordance with the mandate of the opening of the 1945 Constitution of the Republic of Indonesia states that one of the aims of the state is to promote the general welfare of air transport service should be clean and one of the should be done is a compensation mechanism that provides legal certainty for users of air transport services who suffer or suffer from maladministration by servants in the field of air transport services. This study examines and analyzes the procedures and mechanisms for compensation in the field of air transport services as well as legal aspects related to services in the field of air transportation services, with legal research methods that use the approach of legislation, case approach, and conceptual approach. The legal substance consists of primary legal materials in the form of relevant legislation and secondary law materials in the form of court decisions, research related litations. Keywords: Montreal Convention 1999; Presidential Regulation No. 95 of 2016; compensation; air transport services; legal procedure of indemnification.
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EASE OF SHIP MORTGAGE EXECUTION FOR A SHIP THAT LOCATED OUTSIDE THE JURISDICTION OF THE STATE TO SUPPORT INTERNATIONAL SHIPPING BUSINESS Fani Martiawan Kumara Putra, Agus Yudha Hernoko
[email protected] Universitas Wijaya Kusuma Surabaya Abstract Globalization continues to have a major impact on the economic aspect. The field of marine transportation plays an important role and becomes one of the supports to the smoothness of economic development. The shipping business development brings the consequences of increasing interest in credit with a ship as the collateral object through Mortgage. Globalization demands the shipping business to be across borders, the impact is when the ship is being mortgaged, the execution of the ship itself when the debt matures will be difficult to be done, due to inadequate legal rules and not all countries have ratified the ship's arrest convention. This study aims to provide a solution in order to achieve ease of execution of the Mortgaged ship that have crossed the state border, that will support the shipping business development. This is a normative research. The results of this study, it is required the regulatory equality or at least the regulations that fit the times, that regulate the institution of collateral with ship objects in various countries. This will provide recognition, and guarantee the settlement (execution) of ship Mortgage from a country in another country, whether the country has or has not ratified the ship‘s arrest convention. Keywords: Mortgage; Ship as Mortgage Object; Execution.
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ANALISYS OF LEGAL RELATIONSHIP IN ONLINE TRANSPORTATION BUSINESS ACTIVITY Kukuh Leksono S., Rizky Amalia and Hilda Yunita Sabrie
[email protected] Universitas Airlangga Abstract The existence of online transportation has been being increased in Indonesia. The advantages offered by these undertakings make the people prefer to use online transportation services rather than conventional public transport in daily activities. In these business activities involving several parties that ultimately lead to a correlated legal relationship between each other. The related parties are the perpetrators of online transport business, drivers, vehicle owners, and insurance companies. In practice, there are many breakthroughs of legal relationships conducted by the parties involved in that business activity. Some of these legal relationships cause complex problems. This is because the parties associated with these business activities if the conflict of interest will have an impact on the correlation of legal relationships established in the activities‘ system. Therefore those legal relationships that exist in the system of business activities online transportation need to be identified so that the occurring problems can be solved. Keywords: Legal Relationship; System; Business Activity; Online Transportation.
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LEGAL PROTECTION FOR PUBLIC TRANSPORT PASSENGERS R. Ray Audi Stevan Bimaputra
[email protected] Universitas Airlangga Abstract This thesis entitled "Legal Protection Against Public Transport Passenger: Study In Blue Bird Taxis in Denpasar". Transportation in the life of society has a very important role, because in the transport of almost all economic activities and community activities in general can run smoothly. Legal protection is a matter of protecting the subjects of law through legislation in force and forced to implement the sanction. Responsibility is the obligation to give answers that a calculation of all the things that happened and the obligation to provide recovery of damages that may be caused. The Method of writing this essay using juridical empirical, ie a method to conduct research directly to the field to get the truth accurately in writing of this, the law in konsepkan as a symptom empirical that can be observed in real life, in conducting direct research conducted case studies in the field and also did an interview how the protection of passengers when the accident occurred which resulted in the loss and liability of the freight company Blue Bird in the event of accidents to passengers. Keywords: Legal Protection; Responsibility; Passenger.
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THE PROBLEM OF ONLINE TRANSPORTATION IN INDONESIA Zahry Vandawati, Hilda Yunita S., Rizky Amalia and Prawitra Thalib
[email protected] Universitas Airlangga Abstract Public needs of public transportation are not balanced with the availability of convenience and decent public transportation. Nowadays, the problems have been resolved with the presence of online transportation which has advantages both in service and tariffs. Public transportation with information technology-based application or mostly known as online taxi began to bloom lately, such as Uber, Grab, Go-Jek, etc. However, in several major cities across Indonesia, the presence of online transportation brings separate problems for conventional taxi and drivers, which cause physical conflict between online transportation drivers and conventional ones. Therefore, the role of Government is required to regulate the existence of such online transportation since it is considered to violate Law Number 22 of 2009 on Traffic and Road Transportation (hereinafter refers to Law No. 22/2009). Based on those background, this paper will examine on whether the online transportation which is currently operating in Indonesia has complied with the legal principles of transportation and Law No. 22/2009 and the Government‘s actions in addressing the existence of such online transportation. Keywords: Public Transportation; Online Transportation; Legal Principle of Transportation.
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aspect of regionalism: 2.7 Legal international cooperation and comparative perspective
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RECONCILING REFUGEE PROTECTION AND STATE SOVEREIGNTY: COMPARATIVE STUDY OF LAW AND POLICY RELATED TO REFUGEE IN INDONESIA, MALAYSIA AND THAILAND Bilal Dewansyah
[email protected] Universitas Padjadjaran Abstract Most of ASEAN member countries perceive themselves as nonimmigrant nations. It means that most of ASEAN countries not the destination for immigrants to settle. This approach also appear when they response the massive influx of the refugee in south-east Asian region. In absence of ASEAN regional mechanism on refugee handing, a few ASEAN member countries - Indonesia, Thailand and Malaysia -, have the valuable efforts and experiences in term of refugee handling and reception, based on their national law and even policy, for instance in Indochina refugee crises in late 1980s until 1990s, and also Rohingya ―boat people‖ crisis in 2015. Although, they did not offer durable solutions for refugee - since they are not the parties of 1951 Refugee Convention - in some extent they are tolerable in term of refugee handling and temporary reception. But, however, the used of national law and policy approach toward refugee, particularly in immigration area, reflects the state sovereignty promotion, rather than human rights based approach. Although many criticisms addressed to ―adhoc-ism‖ approach that they used, it is important to examine how this three countries struggle to implement their solely national law perspective in term of refugee handling and to what extent the effort gave adequate protection to refugee rights in Southeast Asian region. Keywords: Refugee; Indonesia; Malaysia; Thailand. 1st International Conference on Law, Governance and Globalization | 121
THE OPENNESS PRINCIPLE IN GOVERMENT AGREEMENT Indah Cahyani
[email protected] Universitas Trunojoyo Abstract The openness principle is a principle in The General Good Goverment Principles, on the other hand the agreement is an engagement that is subject to private law. The intersection between public law and private law in a legal act is a legal event that has two legal characters at once. The character of public law is characterized by the interference of government to the civil, another characteristic is the need for legality while the character of private law is the autonomy of the parties. Undang–Undang Pelayanan Publik pasal 5 ayat (3) huruf c dan ayat (4) huruf c explains that, the scope of public services including public service provision that procurement, distribution or provision of services does not come from the State Budget or Regional Budget Or a business entity whose capital of incorporation is partly or wholly derived from the property of the State and / or the separated regional wealth, but its availability becomes a State mission laid down in legislation. From the description of the two verses explained that the private sector in conducting its business activities during what is the business activity is the provision of services and goods that become public needs, it can be said that private or private legal entities perform the functions of the State. Different characteristics between public law and private law related to private public relations in the provision of public services is a potential conflict problem in the future. This paper attempt to analyze the relationship between the openness principles and the law principles of agreemments, as well as its implementation in government agreements. Keywords: Public; Openness Principle; Government Contract. 122 | 1st International Conference on Law, Governance and Globalization
THE COOPERATION OF LOCAL GOVERNMENT WITH FOREIGN INSTITUTION (KERJASAMA PEMERINTAH DAERAH DENGAN PIHAK ASING) Peni Jati Setyowati
[email protected] Universitas Airlangga Abstract The management of local government system is aimed for the welfare of the Indonesian people. This is consistent with the goal of opening in the 1945 Constitution of the Republic of Indonesia in the fourth paragraph. The local government implementation through decentralization system needs to be improved for the sake of efficiency and effectiveness of national development, in the middle of competition of the globalized world. For achieving the goals of nation welfare equity, Central Government gives the authorization to Local Government to regulate and develop the potential of natural resources and human resources that exist in their respective regions, respectively. One of those authorities that given by Central Government to Government is to carry out the relationship and cooperation with foreign countries. Based on the Concept of Unity State, for foreign cooperation, local government can not decide its own policies. There are things that limit the implementation of foreign cooperation undertaken by local government. Talking about foreign cooperation, we also need consider about international relations held between countries, state with individual, or state with private entities. Keywords: The Cooperation of Local Institution; Liabiltiy Local Government.
Government;
Foreign
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PROTECTION OF MIGRANT WORKERS HEALTH RIGHTS IN ASEAN LAW: TOO LITTLE TOO LATE Aktieva Tri Tjitrawati
[email protected] Universitas Airlangga Abstract Millions of people from ASEAN countries are migrating between ASEAN countries for jobs. This creates categorization in ASEAN countries based on labour migration, ie Sending States (Indonesia, Vietnam, Cambodia, Philippines, Myanmar and Laos) and Receiving States (Malaysia, Singapore, Brunei Darussalam and Thailand). Under the existing ASEAN Law, the protection of Health Rights of ASEAN migrant workers is very weak. This is due to the loose legal binding character of ASEAN LAW and still the lack of attention of ASEAN countries towards human rights protection. Sending States usually do not specifically regulate the protection of the right to health of migrant workers in national law, in view of migrant workers and foreigners are generally not incorporated into the social welfare distribution system of that country concerned. Meanwhile, the sending States cannot provide the right to protection health because it is limited by the jurisdiction of the receiving country. This paper will discuss ethical and juridical basis for the protection of the right to health for migrant workers in ASEAN to be used as the drafting of its legal framework within ASEAN Law. Keywords: Migrant Workers; Health Rights; ASEAN.
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COMPARATIVE STUDY ON THE USE OF LEGAL INSTRUMENTS IN ASEAN ECONOMIC COMMUNITY Evi Retnowulan, Anang Setiyawan and Tahegga Primananda Alfath
[email protected] Universitas Narotama Abstract By the end of 2015 Asean countries have entered the era of Asean Economic Community (AEC). AEC aims to create a competitive and integrated economic region with the global economy through an integrated economic region in the form of a single market and a common industry base. AEC encourages Asean countries to compete to prepare human resources, improve product quality, and make regulation as well as policy reform their country. Behind it, the AEC is one form of globalization that provides opportunities to be used as a tool for the public welfare, but at the same time inviting decline (Held), erosion (Hall), and the end of the nation of state (Ohmae), even referred to as "the El Niño of the social sciences ", a force that is considered to be blamed for almost all the damage that exists in society. Therefore, law is required as an instrument of government policy so that legal order, legal certainty and legal benefit can still be achieved as the times progress. Law has a very fundamental role to accelerate development progress, enhance competitiveness, and protect national interests while reducing the negative impacts arising from the enactment of the AEC. Law is a means to embody the policy and provide legitimacy for the implementation of government policy in order to organize the community and direct the community in accordance with the purposed goals. Law is used as a means of public policy because the law has several advantages, namely rational, integrative, legitimate, and supported by the mechanism of implementation and punishment. The use of legal instruments can be seen by two theories, namely the cybernetics theory and the typology of law theory. Through both theories we can see, analyze, map and model their legal use in the deal with AEC. The result of the study of the use of legal instruments by these countries can be an input to our policy makers by both local and central government to formulate legal models as instruments to accelerate their economic progress. Keywords: Asean Economic Community; Law; Public Policy; Comparative Law; National Interest.
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ENVIRONMENTAL LAW ENFORCEMENT IN THE PERSPECTIVE OF INDONESIA AND AUSTRALIA: CASE STUDY OF FOREST FIRES. Wilda Prihatiningtyas, Zuhda Mila Fitriana
[email protected] Universitas Airlangga Abstract Forest is recognized playing a crucial role in Earth‘s life circle, specifically in terms the existence of human beings. As year goes by, the area of forest has been decreased significantly due to deforestation. Human beings claims that they need wider space area to live, build a house and run a factory or create a plantation to support businesses. They intentionally fires some forest areas without ecosustainability consideration. In Indonesia, particularly, the cases of forest fires have been considered at critical level. To add, most of forest fires cases are done intentionally by the suspects. Those actions thus negatively impact a massive scope of ecosystem. Specifically speaking, it is not forest fires that brings drawbacks to the ecosystem, but the haze itself. The massive dark haze as a result of forest fires certainly pollutes the air which causes some breathing system-related diseases. Simply said, the disadvantages of forest fires have been violating human beings welfare (against humanity) and therefore be considered as a criminal action. Globally speaking, intentional forest fires have been ruled under criminal code in some countries such as Canada and Australia. Moreover, in attempt to overcome forest fires issues, Food and Agriculture Organization of the United Nations (FAO) provides a guideline for national legal drafters regulating forest fires law. Accordingly, those who are accused by criminal codes will be punished pursuant to criminal penalties regulated. In the States of Victoria (Australia), for example, criminal penalties of intentional forest fires (arson) have been effectively sentenced. From 2007-2012, 73 people were sentenced in custodial type by judges. On the contrary, although Indonesia has been regulated criminal penalties for intentional forest fires actors, they seem less powerful and effective in practice. Recently, on July 2016, Riau‘s forest fires case was intentionally dissolved by Indonesian National Police Officer. This fact thus raises an issue as to whether Indonesian Criminal Penalties for intentional forest fires actors have been effectively applied. This research aims to discover and solve the aforementioned issue. As a positive attempt, authors expects that this research will provide some recommendations to create more effective sentencing systems for the suspects. Authors will use sustainable forestry principles. In the end, Authors are expecting Indonesia will be able to overcome its forest fires cases effectively and more efficient. Keywords: Law Enforcement; Forest Fires.
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PUNISHMENT AGAINST THE PERPRETRATOR OF INSIDER TRADING ( COMPARATION BETWEEN INDONESIA LAW AND SINGAPORE LAW) Ainul Azizah
[email protected] Abstract Insider trading is one of capital market crime based on Indonesia Law and Singapore Law, that cause the large number of loss. For it be necessary at prevention in ranks reducing the amount of such crime and reducing the amount of loss. Indonesia Law and Singapore Law insider trading including punishment, but the arrangement is different between two countries. The problems in this article are: how the difference of punishment arrangement to the perpretarator of insider trading in Indonesia and Singapore, how to criminalize perpretrator insider trading in Indonesia at the future ? The methodology used juridical normative. The conclusion are : The punishment for perpretrator of insider trading under Indonesia Law are a maximum 10 years in prison and maximum 15 billion rupiahs in fine. The punishment for perpretrator of insider trading under Singapore Law is a fine. Sends a total of 50.000 Singapore dollar of people and 100.000 singapore dollar of corporate actors. The punishment for insider trading perpretrator in Indonesia Law at the future. Keywords: Punishment; Perpetrator; Insider Trading; Comparation.
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About Faculty of Law Univ. Airlangga
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ABOUT FACULTY OF LAW UNIVERSITAS AIRLANGGA
FH UNAIR is one of the oldest legal education institutions in Indonesia after the Gadjah Mada University Faculty of Law and University of Indonesia Faculty of Law. Initially, FH UNAIR was established in 1952 as a branch of the Faculty of Law of Gadjah Mada University in Surabaya. Along with UNAIR establishment in 10 November 1954, this branch was merged became FH UNAIR. Currently, FH UNAIR manages four programmes, i.e. Bachelor of Laws, Master of Laws, Master of Notary and Doctorate of Laws. Quality assurance at faculty level in FH UNAIR has been running since 2009 by establishing SPM, which regularly carries out duties including evaluating the performance of the academic staff, supporting staff, tracer studies, users‘ satisfaction, academic facilities, and conducting internal audits. National accreditation has been run every five years. In 2011, the Programme was awarded ―A‖ (excellent) by BAN-PT. Since 2011 the Programme has also implemented AIMS, which has been audited every year by independent external quality assurance agencies. Then, in 2013, according to QS World University Rankings, FH UNAIR was awarded the best rank for legal studies in Indonesia. FACTS AND FIGURES OF THE PROGRAMME IN 2016 Name of the programme : Bachelor of Laws Programme Organized by : Universitas Airlangga Faculty of Law Academic Staff with Full Professorship Academic Staff with Ph.D./ Dr. Academic Staff with LL.M./ M.H Total
: 12 : 29 : 60 : 101
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Students of Bachelor Degree Students of Master of Law or Notary Students of Doctor Total Number of Research Number of Publication Number of International cooperation Number of Academic Staff Akreditasi Program Studi Bachelor of Laws Master of Laws Master of Notary Doctorate of Laws
: 1031 : 797 : 238 : 2066 : 62 : 41 :8 : 63
: A (BAN-PT, 2011), Sertifikasi AUNQA (2015) : A (BAN-PT, 2014) : B (BAN-PT, 2014) : B (BAN-PT, 2013)
FOTO
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About Universitas Airlangga
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ABOUT UNIVERSITAS AIRLANGGA Airlangga University (UNAIR or UA; Indonesian: Universitas Airlangga) is the second-oldest university in Indonesia and also a public university located in Surabaya, East Java. Despite being officially established by Indonesian Government Regulation in 1954, Universitas Airlangga was first founded in 1948 as a distant branch of the University of Indonesia, with roots dating back to 1913. It started with a medical school and school of dentistry. Now Universitas Airlangga hosts 15 faculties with more than 35,000 students (during the 2015-2016 academic year) and 1,570 faculty members. Universitas Airlangga has university hospitals for the faculties of Medicine, Veterinary Medicine, Nursing, and Dentistry, as well as a tropical infection hospital for its Institute of Tropical Disease. The university is also equipped with biosafety level three facilities. Consistently ranked highly in major world university rankings, Universitas Airlangga have long been considered as one of the "Big 5" university in Indonesia, along with University of Indonesia, Bandung Institute of Technology, Bogor Agricultural University, and Gadjah Mada University. RANGKING The QS Asian University Ranking 2014 have placed Universitas Airlangga as the best university in "Citations per paper" category.[5] In 2010, Universitas Airlangga was ranked 466th worldwide according to the Top 500 QS World University Rankings 2010, as well as ranked 86th in the Top 200 QS Asian University Rankings 2011 (third in Indonesia after University of Indonesia and Gadjah Mada University). In the Webometrics Ranking of World Universities 2011, Universitas Airlangga was placed fourth in Indonesia and 22nd in the Southeast Asia region. 132 | 1st International Conference on Law, Governance and Globalization
Universitas Airlangga has two internationally standardized quality management certificates for its management quality. For this reason, Universitas Airlangga has been the destination of foreign students who studies in Indonesia, particularly from Malaysia, Japan, Timor Leste, China, Thailand, and some European and African countries. The Faculty of Medicine and Faculty of Pharmacy are among the best life science schools in Indonesia, ranked 45th in Asia and 356th in the world by QS World University Rankings 2011. The Faculty of Medicine is affiliated with the Dr. Soetomo Regional General Hospital, the biggest hospital in Eastern Indonesia and one of the central referral-hospital in Indonesia. HISTORY Before Universitas Airlangga was established on October 11, 1847, the proposal to educate young Javanese to become health experts was submitted to the Dutch colonial government. On May 8, 1913 — through Edict No. 4211 of the Governor General of the Netherlands-Indies — NIAS (Nederlandsch Indische Artsen School) (Netherlands Indies School of Doctors) was founded as a medical education center in Surabaya. The first medical institution is located in Jl. Kedungdoro 38, Surabaya. In 1923, NIAS was moved to its present-day location of the Faculty of Medicine of Universitas Airlangga, on Jl. Major General Prof. Dr. Moestopo, Surabaya. Dr. Lonkhuizen, the director of the Department of Health, proposed the establishment of School of Dentistry in Surabaya. He received approval from Dr. R.J.F. Van Zaben, the succeeding director of NIAS and the new school was opened in July 1928. Later on, the school was better known as STOVIT (School tot Opleiding van Indische Tandarsten) (School for Training Indies Dentists) with 21 students. Later during the Japanese occupation STOVIT was renamed IkaShika Daigaku (College of Medicine and Dentistry) under the 1st International Conference on Law, Governance and Globalization | 133
supervision of Dr. Takeda as its first director (1942–1945), while NIAS was closed down. Two years later, the post-WW II Dutch colonial government took over Ika-Shika Daigaku and then changed its name to Tandheelkundig Instituut (Institute of Dentistry) and NIAS was reopened as Faculteit der Geneeskunde (Faculty of Medicine). In 1948, the dentistry institute changed its status to Universitair Tandheelkundig Instituut (UTI) (Institute of College Dentistry). Later after Republik Indonesia Serikat (RIS) gained its official independence in 1950, UTI was renamed LIKG (Lembaga Ilmu Kedokteran Gigi) (Institute of Dentistry) for four years, under the leadership of Prof. M. Knap and Prof. M. Soetojo. In 1948, both schools became part of Universitas Indonesia's Faculty of Medicine and Faculty of Dentistry. Universitas Airlangga was established by Government Regulation (Peraturan Pemerintah) No. 57/1954 and was inaugurated by the first president of the Republic of Indonesia on November 10, 1954, coinciding with the celebration of the ninth national Heroes' Day. In the same year, the Faculty of Law of Universitas Airlangga (formerly a branch of the Faculty of Law, Economics and Social Politics of Universitas Gadjah Mada, Yogyakarta) was established. The name Airlangga is taken from the name of the reigning king of East Java in 1019–1042, Rakai Halu Sri Lokeswara Dharmawangsa Airlangga Anantawikramattungadewa (well known as Prabu Airlangga). Universitas Airlangga's Coat of Arms is the mythical bird Garuda ("Garudamukha") — the magical bird ridden by Vishnu — who carries an urn containing the eternal water "Amrta". This symbol represents Universitas Airlangga as the source of eternal knowledge. The colors of the flag of Universitas Airlangga are dominated by yellow and blue; yellow symbolizing the golden greatness and blue symbolising the depth of the soul of a warrior. These colors are 134 | 1st International Conference on Law, Governance and Globalization
taken from the veil that covered Vishnu's statue at the founding ceremony of Universitas Airlangga by the first president of the Republic of Indonesia on November 10, 1954. CAMPUSES Universitas Airlangga's faculty campuses are as follows: Campus A in Jalan Prof. Dr. Moestopo (Faculty of Medicine and Faculty of Dentistry). Campus B in Jalan Airlangga (Faculty of Economics and Business, Faculty of Pharmacy, Faculty of Law, Faculty of Social and Political Science, Faculty of Psychology, Faculty of Humanities, and Postgraduate School) with Faculty of Vocational Studies in Jalan Srikana. Campus C in Jalan Ir. Dr. H. Soekarno, Mulyorejo Blvd. (Faculty of Veterinary Medicine, Faculty of Public Health, Faculty of Sciences and Technology, Faculty of Marine and Fishery, and Faculty of Nursing). Campus D in Giri, Banyuwangi (an outside regional campus for Aquaculture, Accounting, Veterinary Medicine, and Public Health majors). FACULTIES There are 15 faculties in Universitas Airlangga (including a postgraduate school) and 127 study programs offered:
Faculty of Medicine Faculty of Dentistry Faculty of Law Faculty of Economics and Business Faculty of Pharmacy Faculty of Veterinary Medicine Faculty of Social and Political Sciences Faculty of Science and Technology 1st International Conference on Law, Governance and Globalization | 135
Faculty of Psychology Faculty of Public Health Faculty of Humanities Faculty of Marine and Fishery Faculty of Nursing Faculty of Vocational Studies Postgraduate School
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Landmark of Surabaya
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Surabaya Zoo (Indonesian Kebun Binatang Surabaya or KBS) also known as Bonbin is a 15-hectare zoo located in the city of Surabaya in East Java, Indonesia.
Jalesveva Jayamahe Monument or can be locally referred to as Monjaya is a Statue of an Indonesian Navy officer wearing Ceremonial Service Dress, complete with his sword of honor, staring far to the sea as if he's ready to challenge the ocean's tide and storms.
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Heroes Monument also known as Heroic Monument (Indonesian: Tugu Pahlawan) is the main symbol of the city, dedicated to the people who died during the Battle of Surabaya on November 10, 1945.
Bamboo Runcing Bamboo Runcing Monument is Surabaya city icon which is built in memorize of Surabaya People (arek-arek Suroboyo) spirit martially fight against colonist with patch up weapon although only with a slice bamboo which its back part is tapered.
The Suramadu Bridge (Indonesian: Jembatan Suramadu), also known as the Surabaya–Madura Bridge, is a cable-stayed bridge between Surabaya and the town of Bangkalan, Madura. Surama du Bridge is the longest in Indonesia and the first bridge to cross the Madura Strait
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Information
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Hotel
Swiss-Belinn Manyar Surabaya*** Jalan Manyar Kertoarjo No. 100, Surabaya 60231 Tel. (031) 5946868 http://www.swiss-belhotel.com/
Everbright Hotel*** Jalan Manyar Kertoarjo No. 44, Surabaya 60116 Tel. (031) 5967400
Santika Premiere Gubeng**** Jalan Raya Gubeng No. 54, Surabaya 60281 Tel. (031) 5053636, Fax. (031) 5056688 E-mail.
[email protected], http://www.santika.com/santika-gubeng
Sahid Surabaya*** Jalan Sumatera No. 1, Surabaya 60281 Tel. (031) 5032711, Fax. (031) 5036292 E-mail.
[email protected], http://www.hotelsahidsurabaya.com
Surabaya Suite Hotel**** Plaza Boulevard, Jalan Pemuda No. 31-37, Surabaya 60271 Tel. (031) 5316833 http://www.surabayasuitehotel.com
Garden Palace Hotel*** Jalan Yos Sudarso No. 11, Surabaya 60271 Tel. (031) 5321001, Fax. (031) 5344056 http://www.gardenpalacehotel.co.id/
POP! Hotel Gubeng Surabaya*** 1st International Conference on Law, Governance and Globalization | 141
Jalan Bangka 8-18 Gubeng, Surabaya 60281 Tel. (031) 5011100, http://www.pophotels.com
Grand Citihub Hotel @Gubeng* Jalan Jawa 17-19, Surabaya 60281 Tel. (031) 5016989
Family Guest House Surabaya** Jalan Gubeng Kertajaya 8C/ 15, Surabaya 60282 Tel. (031) 5022268
Hotel New Coklat*** Jalan Gubeng Pojok No. 3, Surabaya 60272 Tel. (031) 5353778
Penginapan Darma Jalan Dharmahusada I No. 23-25, Surabaya 60132 Tel. (031) 5930713
Hotel Pasah Asi Jalan Kalibokor No. 27, Surabaya 60283 Tel. (031) 5038880
Information Shopping Center and Culinary
Tunjungan Plaza Jalan Basuki Rahmat No. 8-12, Surabaya 60261
Grand City Surabaya Jalan Kusuma Bangsa, Surabaya 60251
Plaza Surabaya Jalan Pemuda No. 33-37, Surabaya 60271 142 | 1st International Conference on Law, Governance and Globalization
Galaxy Mall Surabaya Jalan Dharmahusada Indah Timur No. 35-37, Surabaya 60115
Emergency Conditions Police Emergency Telephone Number: 110 Gubeng City Police Department Jalan Manyar, Surabaya 60116 Tel. (031) 5042704 Sukolilo City Police Sector Jalan Manyar Kertoadi I / 701, Surabaya Tel. (031) 5947887 Emergency Telephone Number Ambulance: 118 Emergency Unit, Airlangga University Hospital C Mulyorejo Campus, Surabaya Tel. (031) 5916290 Emergency Room Installation, RSUD Dr. Soetomo (Regional Public Hospital) Jalan Major General. Prof. Dr. Moestopo, Surabaya Tel. (031) 5020062 If there are any questions about transportation, accommodation and emergency situations at Surabaya can contact our contact persons:
Dr. Prawitra Thalib, S.H., M.H. (081366953888) Ms. Hilda Sabrie, S.H., M.H. (0812131409821)
We hope you get a pleasant experience during your visit in Surabaya. Thank You. 1st International Conference on Law, Governance and Globalization | 143
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