CONTENT

LAW AND DEVELOPMENT

ASSIGNMENTS METHODE IN INFRASTRUCTURE DEVELOPMENT:

OPPORTUNITIES AND CHALLENGES
Ricca Anggraeni , Cipta Indra Lestari Rachman , Indah Mutiara Sari ......................................... 9

INDONESIA’S COMBAT FOR PEACE AND JUSTICE: A BIRD’S EYE VIEW

OF SUSTAINABLE DEVELOPMENT GOALS 16
Wicipto Setiadi...................................................................................................................................... 10

WATER POLLUTION BY LIQUID WASTE OF SUGAR COMPANIES IN

LAMPUNG: PERSPECTIVE ON SUSTAINABLE DEVELOPMENT GOALS
Rizky Aulia , Pingkan Retno Andini , Rara Berthania .................................................................... 11

LEGAL FRAMEWORKS FOR SECURING SUSTAINABLE SMALL-SCALE

FISHERIES: A COMPARATIVE ANALYSIS OF INDONESIA AND
PHILIPPINES
Prischa Listiningrum , Rizqi Bachtiar................................................................................................ 12

WOMAN AND CHILDREN

THE NEW STRATEGIC POLICIES IN PROTECTING CHILD NEGLECT IN

INDONESIA
Yusnani Hasyimzoem, Bismo Jiwo Agung ..................................................................................... 14

GENDER IMPARTIALITY AND WOMEN EMANCIPATION

Harshit Singh Bhatia ............................................................................................................................ 15

THE DARK SIDE OF MICA SPARKLING INDUSTRY: CHILD LABOR AND

GOVERNMENT IGNORANCE
Sasha Aryaldina , Indah Arum Sari , Nadhifa Aliya Amani ........................................................... 16

LEGAL PROTECTION OF VIOLENCE AGAINST WOMEN IN SEMARANG

CITY, INDONESIA
Ratna Herawati , Sekar Anggun Gading Pinilih , Ani Purwanti .................................................... 17

1
ETHNIC AND RELIGION

INDENTITY OF MUSLIMS IN INDIA AS MARGINALISED COMMUNITY

AND THEIR CONDITIONS IN GUJARAT STATE IN THE MIDST OF
MAJORITY
Salu DSouza .......................................................................................................................................... 19

CHALLENGES FOR DEVELOPMENT OF ETHNIC MINORITIES FROM

EDUCATION PERSPECTIVES IN VIETNAM
Lê Hồng Hạnh ..................................................................................................................................... 20

ROLE OF INTERRELIGIOUS NAD INTER CASTE MARRIAGES IN

ACHIEVEMENT OF THE CONSTITUTIONAL GOAL OF UNITY AND
INTEGRITY IN INDIA
Deepti Khubalkar................................................................................................................................. 21

THE TENDENCY OF EXCLUSIVISM AND RADICALISM AMONG

INDONESIAN STUDENTS IN EGYPT AND AUSTRALIA
Tamyiz , Muhammad Roy Purwanto Ahmad Faris ........................................................................ 22

THE ADDRESSING EFFORT OF ILLEGAL FISHING BASED ON LOCAL

WISDOM IN ACEH PROVINCE
Maya Shafira.......................................................................................................................................... 23

INFORMATION AND TECHNOLOGY LAW

CONTEMPORER CRIME: ONLINE GAME AND MONEY LAUNDERING

CRIMES
Syahru Rozi , Robert Evo Wakando , Rizki Efriliandis , Agus Romdani .................................... 25

TECHNOLOGY AND INNOVATION SUPPORT CENTER IN UNIVERSITIES:

PROBLEM AND CONDITION
Raden Arum Setia Priadi, Andani Achmad, Ansar Suyuti ............................................................. 26

LEGAL ASPECTS OF ONLINE LOANS

Disa Soraya, RaisyaAndayuPutri, RiaMaheresty A.S. .................................................................. 27

LEGAL PROTECTION FOR BITCOIN USERS IN CRIMINAL ACTS OF

FRAUD IN INDONESIA
Desia Rakhma Banjarani , Shandi Patria Airlangga , Sri Sulastuti ................................................. 28

INDEPENDENT ONLINE LEARNING: A SOLUTION TO FULFILL THE

RIGHTS OF EDUCATION IN INDONESIA
Antonius Roni Kurniawan .................................................................................................................. 29

2
LAW AND FAMILY

DISCRESSION ON CRIMINAL ACTS OF HOUSEHOLD VIOLENCE Ahmada

Bsyara Zahrah, Achmad Rismadhani K, Feryando, Robinsius Asido Putra N .......................... 31

LEGAL ASPECT OF KARTU KELUARGA SEJAHTERA: TULANG BAWANG

REGENCY CASE
Febrimayanti, Dwi Zaen Prasetyo, Hasti Yunita Sari ................................................................... 32

CRIMINAL PUNISHMENT RAPE VICTIMS OF CHILDREN THAT DO

ABORTION IN INDONESIA
Ramiyanto ............................................................................................................................................. 33

ANALYSIS OF MEDIATION IMPLEMENTATION ON DIVORCE CASE:

STUDY AT THE RELIGION COURT OF SUKABUMI CITY ON 2018
Ni Putu Juwanita Dewi, Aldi Renaldi, Angga Trisna Badrudin .................................................... 34

LAW AND PUBLIC POLICY

NATIONAL HEALTH INSURANCE: REALIZING A BETTER PUBLIC

SERVICE AND GUARANTEE OF CITIZENS' CONSTITUTIONAL RIGHTS
Agus Triono .......................................................................................................................................... 36

THE DYNAMIC OF IDENTITY CARD POLICY IN INDONESIA

Shintya Gugah Asih Theffidy, Muhammad Burhan Lusita Anjelina ........................................ 37

COMMUNITY SATISFACTION ON PERFORMANCE OF PUBLIC SERVICES

IN LAMPUNG TENGAH
Dedy Hermawan, Robi Cahyadi Kurniawan, Rudi Wijaya, Chaidir Ali ....................................... 38

DISCLOSURE OF INFORMATION ON LAND DOCUMENTS IN EFFORTS

TO SERVE COMMUNITY NEEDS
Yogi Fransis Taufik, Ika Mutiara Putri, Faisal Rahman, Agung Setiawan ................................... 39

ENSURING SUSTAINABILITY OF FOREST FUNCTION THROUGH

PARTNERSHIP PROGRAM (From Land Grabbing to be Conservation Partner,
Study In Register 45 Forest Mesuji Lampung Province)
HS Tisnanta, FX Sumarja ................................................................................................................... 40

3
LOCAL GOVERNMENT

FUEL OIL DISTRIBUTION IN REGIONAL LEVEL IN INDONESIA

Arnelis Jessika, Bani Immanuel Ginting ........................................................................................... 42

THE NEED OF SPECIAL COURT FOR REGIONAL HEAD ELECTION IN

PROTECTING INDONESIAN DEMOCRACY
Topan Indra Karsa ............................................................................................................................... 43

GOVERNMENT SUPERVISION ON THE IMPLEMENTATION OF TAPPING

BOX POLICY TO IMPROVE TAX COMPLIANCE IN BANDAR LAMPUNG
Marlia Eka Putri A.T. , Nurmayani , Fenny Andriani..................................................................... 44

THE POLICY TO DETERMINE ORDERLY TRAFFIC AREAS AND ITS

IMPLICATION: PRINGSEWU CASE
Muhammad Reza Kurniawan, Sukma Frando, Zara Shelli Meirosa............................................. 45

BUSINESS LAW AND DISRUPTION

SHIFTING INFORMAL MSMEs TO FORMAL MSMEs: THE ROLE OF ICT’S

AS AN INITIAL TRIGGER MODEL
Kevin Joan, Dimas Putra Adzie ......................................................................................................... 47

DOCTOR AUTHORITY IN HEALTH CONSULTATION VIA ONLINE

APPLICATION
Radian Pandhika, Maisyur Arif, Bintari Anggre Yeni, and Dwi Retno Wulanndari .................. 48

EFFECTIVENESS OF THE PROCESS OF MANAGING AND DEPOSITING

BANKRUPTCY BY THE CURATOR
Josh Mahendra, M. Erick Fernando Anosa, M. Rifki Usman Pubara .......................................... 49

THE PROBLEMATIC OF CREDIT TAKEOVER POLICY BY THE

OUTSOURCED EMPLOYEE OF PT. BANK MANDIRI WHICH RESULTS IN
CRIME OF FRAUD
Leonardo, Ali Habib, Lilik Septriyana, Vita Hestiningrum............................................................ 50

4
CRIMINAL LAW

ENFORCEMENT OF THE PASSIVE BRIBERY: CORRUPTION PERSPECTIVE

Dimas Tryanda Sany, Fuad Alfano, Jesfry Agustinus Nadapdap, Kemal Pasha Zahrie,
Median Suwardi .................................................................................................................................... 52

RECONSTRUCTION TREASON CRIMINAL LAW TO ACHIEVE THE VALUE

FOR SOCIAL JUSTICE
Hadri Abunawar , Rendy Renaldy ..................................................................................................... 53

LEGAL SANCTIONS ON CORPORATION FOR COMITTING CORRUPTION

Khairul Imam ....................................................................................................................................... 54

THE REVERSAL BURDEN OF PROOF FOR MONEY LAUNDERING CASE

IN INDONESIA
Heru Suyanto, Beniharmoni Harefa .................................................................................................. 55

CORRUPTION BEHAVIOR IN THE INDONESIAN EDUCATION SECTOR

Rinaldy Amrullah, Muhamad Zulfikar, Hapizh Abdul Aziz, Jaya Hasiholan Limbong. .......... 56

ADMINISTRATIVE LAW

SIMKIM AND THE IMPACT TO INDONESIAN MIGRANT WORKERS

CASES IN HONG KONG AND THE NETHERLANDS
Yasmine Soraya .................................................................................................................................... 58

THE ESTABLISHMENT OF TP4D OF PROVINCIAL ATTORNEY AND ITS

IMPLICATION ON CORRUPTION PREVENTION EFFORTS IN LAMPUNG
Yuda Wiranegara, Hendra Abdurahman, M. Aditya Pratama Putra, Putri Sekartiara ............... 59

MALADMINISTRATION IN LAND DISPUTE RESOLUTION IN LAMPUNG

PROVINCE NATIONAL AGENCY USING BUREAUCRACY DEVELOPMENT
MODEL
Shandi Patria Airlangga, HS Tisnanta, FX Sumarja ........................................................................ 60

LEGAL ENFORCEMENT ON THE DISCIPLINARY OF CIVIL SERVANT

Enny Agustina ...................................................................................................................................... 61

JURIDICAL ANALYSIS OF WORK AGREEMENT WITH PKWT SYSTEM

THAT IS CONTRADICTORY TO THE MANPOWER ACT
Abdul Rahman Praja Negara, Kassabella Vivata Justitia Satyo, Melyana Krissanti Putri ......... 62

5
PENGAYOMAN LAW

RECONSTRUCTION OF LEGAL SCIENCE IN PROGRESSIVE LAW

PERSPECTIVE
Dwi Putri Melati, Alif Armandoni, Fatur Rachman ....................................................................... 64

PANCASILA VALUE INTERNALIZATION WITHIN THE PROCESS OF

LEGISLATION MAKING
Bambang Suryadi.................................................................................................................................. 65

CONSTITUTIONAL JUSTICE MONITORING SYSTEM IN INDONESIA

Kosariza, Meri Yarni, Netty ............................................................................................................... 66

JUDICIAL CORRUPTION: A PARADOX OF THE CRIMINAL JUSTICE

SYSTEM I
Slamet Haryadi, Nurlaili Husna ......................................................................................................... 67

VILLAGE DEVELOPMENT AND COMMUNAL RIGHTS

VILLAGE FUND MANAGEMENT IN THE PERSPECTIVE OF VILLAGE

AUTONOMY
Nety Hermawati ................................................................................................................................... 69

RECOGNIZING THE PROTECTION OF COMMUNAL INTELLECTUAL

PROPERTY
Yunita Maya Putri, Ria Wierma Putri, Rehulina .............................................................................. 70

LEGAL PROTECTION OF THE ULAYAT RIGHTS BY LOCAL

GOVERNMENT: POLICIES AND CONTEXT
Candra Perbawati, Malicia Evendia ................................................................................................... 71

THE POSSIBILITY OF VILLAGE DEVELOPMENT: VILLAGE REGULATION

FORMULATION AND ITS CHALLENGES
Rudy, Yusnani Hastimzum, Siti Khoiriah, Roro Rukmi ................................................................ 72

6
INTERNATIONAL LAW AND HUMAN RIGHTS

TELEMEDICINE’S PATIENTS AND THEIR PROTECTION: WHAT DOES

THE INTERNATIONAL LAW OFFER?
Melly Aida , Orima Davey .................................................................................................................. 74

GREEN JUDGEMENT
Dwi Zaen Prasetyo , Febrimayanti , Hasti Yunita........................................................................... 75

FREEDOM OF EXPRESSION IN THE ASEAN COUNTRIES: A

COMPARATIVE ANALYSIS OF THEIR CONSTITUTION
Rudi Natamiharja, Kisti Artiasha. ...................................................................................................... 76

EFFECTIVENESS OF INTERNATIONAL COOPERATION MODEL ON

FIGHTING PIRATE
Naek Siregar , Abdul Muthalib Tahar , Heryandi , Rudi Natamiharja ......................................... 77

CORPORATION RESPONSIBILITY THROUGH ITS SUPPLY CHAIN AS AN

OBLIGATION TO RESPECT HUMAN RIGHT
Rehulina, Firstiana Sharen Miranda, Parulian Yusuf ...................................................................... 78

CORRUPTION IN ASEAN COUNTRIES: THE CHALLENGE FOR

RECONCILIATION
Ahmad Baharuddin Naim , Algizca Rasya , Nadia Apriliyawati , Yuga Narazua ,
Rudi Natamiharja ................................................................................................................................. 79

PROCEEDING LAW

THE EFFECTIVENESS OF THE ADMINISTRATIVE COURT VERDICT

Rendy Renaldy ...................................................................................................................................... 81

DECISION OF SIMPLE CLAIMS IN INDONESIA

Salman Alfarasi ..................................................................................................................................... 82

PRE-TRIAL JUSTICE SYSTEM VERSUS THE CONCEPT OF EXAMINATION

JUDGES
Dwi Nurahman .................................................................................................................................... 83

MISCONCEPTION ON THE MPLEMENTATION OF DIVERSION SYSTEM

WITHIN CHILD CRIMINAL JUSTICE SYSTEM IN INDONESIA
Nikmah Rosidah, Chaidir Ali ............................................................................................................ 84

7
LAW AND DEVELOPMENT

8
ASSIGNMENTS METHODE IN INFRASTRUCTURE DEVELOPMENT:
OPPORTUNITIES AND CHALLENGES

Ricca Anggraeni1, Cipta Indra Lestari Rachman2, Indah Mutiara Sari3

Abstract
Infrastructure, has become a pride in President Joko Widodo's government. Various policies
were decided to support infrastructure development including the method of Public Private
Partnership (PPP) as outlined in Presidential Regulation No. 38 of 2015. However, the
provisions regarding the selection of an Implementing Business Entity (IBE) of infrastructure
that should have been carried out only through 2 (two) methods, namely auction or direct
appointment, in practice were broken by the government itself by using other methods,
namely assignments, as what happened in the construction of Light Rail Transit infrastructure
integrated (LRT) for Jakarta, Bogor, Depok and Bekasi. Of course this becomes a problem
that must be clarified, regarding the opportunity to do the assignment method, and what
conditions makes the government use the assignment method to select the implementing
business entity of infrastructure. Then, what are the potential conflicts of interest in the
assignment method? This problem is solved through research based on a normative approach
using the secondary data.
Keywords: Assignment, Public Private Partnership, Conflict of Interest, Infrastructure

1 Pancasila University, riccaanggraeni@[Link].

2 Pancasila University, [Link]@[Link].
3 Pancasila University, mutiaraheart@[Link].

9
INDONESIA’S COMBAT FOR PEACE AND JUSTICE: A BIRD’S EYE VIEW OF
SUSTAINABLE DEVELOPMENT GOALS 16

Wicipto Setiadi1

Abstract
This paper aims to distinguish the current progress of Sustainable Development Goals
(SDGs) 16 implementation in Indonesia from a non state actor perspective and it’s
interconnectedness with Indonesia’s past, present, and future technocratic plans. Although
Goal 16 has numerous benefits to improve the quality of humanity and society itself,
Indonesia has managed to syncronize, yet there are still critical dispute on how inclusive and
progressive Goal 16 is when implemented in practice. The overall paper was based on desk
and literary review from non state actor perspective highlighting several standpoints on Goal
16 particuarlly on: a. Corupption and Bribery, b. Participatory Approach, and c. Institutional
Building Capacity. Overall, in the implementation of SDGs Goal 16, there has been
progressive achievement due to the collaboration of 4 stakeholders. In the implementation of
SDGs Indonesia government fully understand that the contribution of all stakeholders matter
and will surely enriched the result. Further, Indonesia commitment on actualizing SDGs is
reflected on the participation of Voluntary National Review 2017. Surprisingly, Indonesia
turns to be one of 6 countries that has outstanding best practice of compares to others. In the
future, the commitment is continued to the mainstreaming all SDGs target into National
Development Medium Plan (Rancangan Pembangunan Jangka Menengah/RPJMN 2020 –
2024). Though, there are still issues need to be settled, but with SDGs mainstreaming into
RPJMN 2020– 2024 hopefully the sustainability of the agenda is rest assured.
Keywords: Anti Corruption, Combat for Peace and Justice, Indonesia’s SDGs

1 Faculty of Law Universitas Pembangunan Nasional “Veteran” Jakarta, wiciptosetiadi@[Link]

10
WATER POLLUTION BY LIQUID WASTE OF SUGAR COMPANIES IN
LAMPUNG: PERSPECTIVE ON SUSTAINABLE DEVELOPMENT GOALS

Rizky Aulia1, Pingkan Retno Andini2, Rara Berthania3

Abstract
Of the nearly 60 sugar factories which are managed by the Ministry of State Enterprise
(BUMN) and private parties. The sugar cane production process becomes a product that has
high selling value both for consumption directly or indirectly, it is certain to have a reduction
in the form of liquid waste, gas waste and solid waste. The process of disposal of waste often
does not become a special concern of the company and is used as an alternative in saving
production costs so as to bias the company's obligation to treat waste. If left too long, it will
injure the community's right to their environment. The government in its regulation continues
to try to build resilient infrastructure, improve Inclusive and sustainable industries and
encourage innovation that is a global goal of the Sustainable Development Goals. The legal
issues discussed in this paper are, a. How is the legal position and b. How the people in Lampung fight
for environmental rights in connection with pollution due to sugar factory waste, which is assessed by the
problem approach used in this study is a normative juridical approach, meaning that in
discussing existing problems, researchers use a statutory approach that examines regulations
legislation related to the problem. The results of the discussion are, the form of regulation
applied by the government, and its implementation in relation to public access in seeking
healthy environmental rights due to pollution of sugar factory production waste in Lampung
Province. Conclusions and suggestions written, The provision of agricultural / plantation and
industrial water saving incentives including the application of the principle of reduce, develop
reuse, and recycle, and the development of the concept of safe use of water paste in
agriculture. The sugar industry should adapt the clean production methods can reduce water
use through recirculation techniques, liquid waste with high concentrations of organic
pollutants that can be processed with high load wastewater technology, sludge and solid waste
can be reused.
Keywords: Law Environment, Suistanable Development, Water Pollution

1 Postgraduate Student Law Magister, Faculty of Law Lampung University, riskiaulia262@[Link]

2 Student Faculty of Law Lampung University, pingkanra20@[Link]
3 Postgraduate Student Law Magister, Faculty of Law Lampung University, raraberthania77@[Link]

11
LEGAL FRAMEWORKS FOR SECURING SUSTAINABLE SMALL-SCALE
FISHERIES: A COMPARATIVE ANALYSIS OF INDONESIA AND PHILIPPINES

Prischa Listiningrum1, Rizqi Bachtiar2

Abstract
This paper focuses on the sustainability of small-scale fisheries in Indonesia and Philippines.
Since small-scale fishers in general live in a poor conditions, marginalised and considered as
illegal, both countries have an effort to protect their existence by issuing some
[Link], by comparing Indonesia and Philippines, it can be seen that the penal
provision of the Philippines is stricter than Indonesia, as it gives directions to the judges in
determining what kind of punishment applies to the use of chemical, biological, explosive or
poisonous substance for illegal fishing. Moreover, the Philippines provision also mentions the
maximum period of imprisonment time and the maximum amount of fines. This requirement
sets a standard for the judges to not apply a light [Link], the empowerment
programmers to the small-scale fisheriesin Indonesia are more comprehensive than in
Philippines.

Keywords: Indonesia, Philippines, Small-scale fisheries

1 Faculty of Law Universitas Brawijaya, [Link]@[Link]

2 Faculty of Social and Political Sciences Universitas Brawijaya, [Link]@[Link]

12
WOMAN AND CHILDREN

13
THE NEW STRATEGIC POLICIES IN PROTECTING CHILD NEGLECT IN
INDONESIA

Yusnani Hasyimzoem,1 Bismo Jiwo Agung2

Abstract
Indonesia is a country with a high number of neglected children. One of the causes of neglect
of children in Indonesia is divorce which often motivated by low status of economic,
educational and awareness of [Link] aftermath of divorce are oftenly impact on
children’s situation. In some cases, the consequences of divorce can lead to children neglect
which force children to be displaced and some of them ended up living on the streets. There
are also possibilities which might turn the children to be perpetrators or victims of crime on
the streets. The method used is a normative juridical method and analyzed using qualitative
methods. Currently, the government has established a set of rules to prevent child neglect
through Law Number 23 of 2004 concerning the Elimination of Domestic Violence and Law
Number 35 of 2014 concerning Child Protection. Indonesia. The law categorizes child neglect
as abandoning households that are prohibited and subject to sanctions for perpetrators.
Nonetheless, in reality the act of neglecting households is clearly prohibited as if ignored by
the government. The applicable system of fines and prisons is no longer effective, so
government should consider other possible strategic policies.
Keywords: Neglect, Children, Policy, Protection.

1Lecturer of Law Faculty University of Lampung, yus_zoem@[Link]

2Expert Assistant in Women and Children Protection Centre in Law Faculty University of Lampung,
bismojiwoagung05@[Link]

14
GENDER IMPARTIALITY AND WOMEN EMANCIPATION

Harshit Singh Bhatia1

Abstract
Gender equality and women empowerment has always been a struggling issue worldwide and
women have always fought to be at par men at least. The society has been very regressive and
unappealing and for most of the part of human existence woman have been considered a
second gender to men. This paper highlights there struggles and fight towards achieving
equality in the society and there have been many instances in India especially which shows the
movement of women empowerment. This paper also discusses the current scenario towards
equality movement and highlights the national law of India as well as international treaties,
covenants, etc. I have used various tools for my research including websites like Manupatra,
SCC online, etc. and have tried to quote cases across India related to women empowerment.
It’s high time that women around the world receive what they deserve and this young
generation plays a very important role in breaking the patriarchy.
Keywords: Gender, Equality, Women, Emancipation.

1 South Asia Students for Liberty, hbhatia@[Link]

15
THE DARK SIDE OF MICA SPARKLING INDUSTRY: CHILD LABOR AND
GOVERNMENT IGNORANCE

Sasha Aryaldina1, Indah Arum Sari2, Nadhifa Aliya Amani3

Abstract
The usage of mica in the electronics, automotive, construction and cosmetics industries has
increased the demand of mica in the global market. India is one of the largest mica producing
countries in the world. Although so, India was only ranked seventh as the biggest mica
producer. The production of mica in India is dominated by illegal mica mines which the
results are not registered. The dominance of illegal mica mines in India was due to the Forest
Conservation Act policy in 1980 where the Government of India closed all of mica mines in
forest areas, such as Jharkhand and Bihar. These two regions have the highest number of
illegal mica mines in India, with the majority of the population living below the poverty line
and being marginalized due to the caste system. Both of these factors encourage the
phenomenon of child labor. These child workers are the target of exploitation because they
have to work with high risk and do not have access to education. This study aims to analyze
the role of the government and the Multi-National Cooperation (MNC) in tackling the
phenomenon of child labor at the Jharkhand and Bihar illegal mica mines based on the views
of Marxism. In addition, this study offers recommendations for the Government of India in
dealing with the phenomenon of child labor.
Keywords: Child Labor, Illegal Mica Mine, Exploitation, Marxism, India

1 sashaaryaldina@[Link]
2 Indaharumsari18@[Link]
3 nadhifaaliyaa@[Link]

16
LEGAL PROTECTION OF VIOLENCE AGAINST WOMEN
IN SEMARANG CITY, INDONESIA

Ratna Herawati1, Sekar Anggun Gading Pinilih2, Ani Purwanti3

Abstract
The number of violence against women in Semarang City every year continues to increase,
even become areas with the highest cases of violence in the Central Java. Therefore, Semarang
City needs to do efforts to protect women from violence. This study aims to examine the
efforts of Semarang City Government to protect the women from violences. This research is a
normative law research by laws. The data used are secondary data, which consist of primary
law and secondary law materials. The result shows Semarang City already stipulate Local Act
number 5 of 2016 on the Protection of Women and Children from Violence to reduce a
number of violence of women. In addition, various efforts are also made by Semarang City,
such as established an Integrated Service Center that helps the Department of Women
Empowerment and Child Protection of Semarang City; providing Rumah Duta Revolusi
Mental (RDRM) as a shelter and legal aid victims of violences and bullying to women and
children, in coordination with other agencies, and socialization the law to the public.
Keywords: Legal Protection, Women, Violences, Semarang City

1 Faculty of Law, University of Diponegoro, ratna_h27@[Link]

2 Faculty of Law, University of Diponegoro, sekar_anggun@[Link]
3 Faculty of Law, University of Diponegoro, ani_purwanti81@[Link]

17
ETHNIC AND RELIGION

18
INDENTITY OF MUSLIMS IN INDIA AS MARGINALISED COMMUNITY AND
THEIR CONDITIONS IN GUJARAT STATE IN THE MIDST OF MAJORITY

Salu DSouza1

Abstract
Marginalised communities and ethnic minorities are a visible sign in most of the modern
societies around the world. The tag people carry as belonging to a marginalised and minority
community may give rise to suspicion. Their presence in a civilised society may not be
welcomed and the people who belong to majority communities may not reckon them.
However, in India, the constitution has recognized the rights of people who belong to
marginalised and minority communities. This factor has become a bitter pill to swallow for the
people who belong to majority community. Not to demean, there are many in the majority
community who can stand up for the rights of the people who belong to marginalised, Dalits
and other minority communities. Over the years, the majority has curtailed the rights of the
marginalised communities’ not through legislation but by depriving them of government
benefits. The constitution of India has safeguarded the identity of minority population. Jains,
Sikhs, Christians, Buddhists, Parsis and Muslims as minorities have to live among the people
who are in majority communities. Among these six minority communities, Muslims across the
world and in India are looked in suspicion. Most of the communal violence across India have
had the participation of Muslims. Do these people involve in violence without any
provocation? The Sachar Committee, which was appointed to look into social, economic and
educational conditions of Muslims, highlighted and presented its suggestions on how to
remove impediments preventing Indian Muslims from fully participating in the mainstream
activities of Indian life. Has this report come into implementation level? Muslims across India
as an entity in the minority tag absorb backlashes. They survive on their strength of unity.
Having said this, why are they reluctant to accept for a common civil code in India? On this
background, my research paper tries to show the conditions of Muslims as belonging to one
of the minority communities in India, how have they been marginalised, their present status in
the state of Gujarat and their contributions to the nation building tasks.
Keywords: Minority, backlash, Muslims, marginalise, education, nation, rights, community,
communal

1 Symbiosis Law School – Nagpur, saludsouza@[Link]

19
CHALLENGES FOR DEVELOPMENT OF ETHNIC MINORITIES FROM
EDUCATION PERSPECTIVES IN VIETNAM

Lê Hồng Hạnh1

Abstract
Education for EMs (EM) always face challenges from various factors. Even though the
Governments have put many efforts to develop education for EMs, the gap between the
ethnic majority and EMs is still not covered, even unchanged in different countries. Being one
of the decisive factors for development of EMs, education should be put in the center of the
efforts of all governments in the world. This article analyzes some challenges to development
of EMs from education perspective with situation in Vietnam as case study with reference to
that in some other countries. The concept covering of all contents of this article is that in any
society, the Government cannot fill up the development gap between ethnic majority from
one side and EMs on other side if the latter’s right to education is not appropriately provided
and implemented.
Keywords: Ethnic minorities, Education, Law

1Director of Institute of ASEAN Law and Economics, Vietnam Lawyer Association, 2 nd Floor, Star Tower,
Duong Dinh Nghe street, Yen Hoa, Cau Giay, Vietnam; email lhhanhgs@[Link] and lhhanh@[Link]

20
ROLE OF INTERRELIGIOUS AND INTER CASTE MARRIAGES IN
ACHIEVEMENT OF THE CONSTITUTIONAL GOAL OF UNITY AND
INTEGRITY IN INDIA

Deepti Khubalkar1

Abstract
Since ages, the Indian social system is governed on the basis of caste. According to the old
scripts such as Manusmriti, work was divided amongst the people in Indian ancient society on
the basis of caste, in which some of the communities were treated as lower caste because of
the nature of the work distributed to them under the social arrangement. However, the system
proved fatal in due course and resulted in the gross violation of human rights of backward
caste. After independence, the Constitution of India, in 1950 provided special provisions in
favour of backward category in educational institutions and public employment. In absence of
clarity and definite criteria of deciding a caste as a backward category, various communities
and caste claiming to be backward in nature started demanding reservations and benefits.
From time to time, Government of India included these castes in schedule caste list and
declared reservations by suitable amendments in the respective laws.
Recently, in India, there is a great demand by the open category for removal of reservation on
the basis of caste in the educational field in order to save merit. This scenario has created a
new division of society into the open category and reserved category. Certain unpleasant
incidences are alarming these days. And it is very clear that even after 72 years of
Independence, the Indian legal system has failed to solve the issue of casteism in India. In this
background, the researcher has tried to throw light on the role of Intercaste and Interreligious
marriages in removing the caste system and bringing unity and integrity amongst the
personages which is one of the Constitutional goal enshrined in the preamble of the
Constitution.
Keywords: Inter Caste, Marriages, Constitutional, Unity, Integrity.

1Assistant Professor in Law, Symbiosis Law School, Symbiosis International (Deemed University) -Nagpur-
440008, Maharashtra State, India [deeptikhubalkar@[Link]] [[Link]]

21
THE TENDENCY OF EXCLUSIVISM AND RADICALISM AMONG
INDONESIAN STUDENTS IN EGYPT AND AUSTRALIA

Tamyiz1, Muhammad Roy Purwanto2Ahmad Faris3

Abstract
This paper aims to observe the tendency of exclusivism and radicalism among Indonesian
students who currently study in Egypt and Australia. In the last ten years, there is stronger
tendency in religious activities with exclusive tendencies in some universities in Indonesia.
According to researches by the Ministry of Religious Affairs (2006) and The Indonesian
Institute of Sciences (2015), religious practices among university students tend to be more
exclusive and radical and drive more elaborative researches to study this tendency, especially
to students who live abroad. This study used quantitative method and took 100 Indonesian
students in Egypt and 100 Indonesian students in Australia as the respondents. They were
given questions on their Islamic knowledge, religious perspective, religious attitude, religious
violence, and the concept of jihad. Here, the writers will be able to evaluate the tendency of
exclusivism and radicalism. The result shows that there is a high tendency of both exclusivism
and radicalism among Indonesian students in Egypt. Additionally, there is a low tendency of
exclusivism among Indonesian students in Australia.
Keywords: exclusivism, radicalism, tendency, Indonesian students

1 Universitas Islam Indonesia, tamyis@[Link]

2 Universitas Islam Indonesia, muhammadroy@[Link]
3 Universitas al-Azhar Mesir, ahmad_faris@[Link]

22
THE ADDRESSING EFFORT OF ILLEGAL FISHING BASED ON LOCAL
WISDOM IN ACEH PROVINCE

Maya Shafira1

Abstract
The addressing effort of illegal fishing can be undertaken through penal and non penal efforts.
This study focuses on addressing effort of illegal fishing with non penal effort. This research is
a study that combines two types of research, namely the normative legal research and
supported by empirical legal research using various sources of data, whether those acquired
through literature study or field study, which are then subjected to a qualitative analysis. The
combination of both is performed to find a more comprehensive answer related the
addressing effort of illegal fishing based on local wisdom. Result of the research shows the
addressing effort of illegal fishing based on local wisdom in Aceh Province comprises of, the
first: strengthening the Aceh “laôt” customary law institutions by empowering traditional
figures such as the Panglima Laôt Aceh in resolving conflicts/issues and other violations; the
second, the implementation of customary sanctions if violations occur; and the third
strengthening regional regulations based on the local wisdom (Qanun of Aceh) in fisheries
field.
Keywords: local wisdom, illegal fishing, Aceh.

1 Lecturer at Law Faculty of University of Lampung, mayashafira2@[Link]

23
INFORMATION AND TECHNOLOGY LAW

24
CONTEMPORER CRIME: ONLINE GAME AND MONEY LAUNDERING
CRIMES

Syahru Rozi1, Robert Evo Wakando2, Rizki Efriliandis3, Agus Romdani4

Abstract
Money laundering is a practice of dirty money. This dirty money comes from illegal and illegal
practices such as corruption, bribery, smuggling, as well as banking crimes and other
unhealthy practices. To clean it the money is placed in a certain bank or place for a while
before finally being transferred to another place (layering), for example through buying shares
in the capital market, transferring foreign exchange or buying an asset. At this writing, money
laundering is associated with financial transactions in online games, as for example Sony
Online Entertainment brief information a few years ago found one of its users moved large
amounts of money from several countries. The legal issues that will be discussed in this paper
are, How are the Stages and Modus of the occurrence of Money Laundering and its relation to
online gaming. The method used in discussing the problem is a problem approach in the form
of a normative juridical method. The normative juridical approach is a theoretical approach by
means of literature study that is guided by books or legal literature, regulations relating to the
cases discussed. The discussion outlined starts from the Indonesian legal provisions stipulated
in the Republic of Indonesia Law Number 8 of 2010 concerning Prevention and Eradication
of Money Laundering Crimes. In general, money laundering is carried out actively and
passively and is related to other criminal acts. Along with the development of science and
technology, the modus operanding of money laundering has also evolved, with the form
involving transactions in online games. Criminals use 20 thousand stolen credit cards to buy
items in Clash of Clans, Clash Royale, and Marvel Contest of Champions. Before making a
purchase, the perpetrators make a fake account first. After that, the account is sold to third
parties. Recommendations generated in this writing are expected, Not only Indonesia but also
Google, Because as we know that Google is one of the world's biggest search egines which
has almost all forms of world internet activity.
Keywords: Contemporer Crime, Game Online, Money Laundering

1 Postgraduate Student, in Law Magister, Faculty of Law, Lampung University, bunkozy84@[Link]

2 Postgraduate Student, in Law Magister, Faculty of Law, Lampung University, robertwakando87@[Link]
3 Postgraduate Student, in Law Magister, Faculty of Law, Lampung University, efriliandisrizky@[Link]
4 Postgraduate Student, in Law Magister, Faculty of Law, Lampung University, romdaniagus@[Link]

25
TECHNOLOGY AND INNOVATION SUPPORT CENTER IN UNIVERSITIES:
PROBLEM AND CONDITION

Raden Arum Setia Priadi1, Andani Achmad2, Ansar Suyuti3

Abstract
Abstract contains research problem, The problem arose when there were only a few
universities as a place to gather all inventors, designers, and creators who had intellectual
property centers. Of the not many Intellectual Property Centers, fewer have implemented
Technology and Innovation Support Centers with a legal umbrella of memorandum of
understanding with the Directorate General of Intellectual Property, Ministry of Law and
Human Rights of the Republic of Indonesia. Aims of the study, This study seeks to map the
problems and current conditions of 17 universities that have implemented the Technology
and Innovation Support Center. The picture sought is focus on information technology
infrastructure in the form of a computer system that has been built by the 17 leaders of the
university. A classification of the quality of the computer system and boosting method will be
made that makes it easy for beginner colleges in intellectual property affairs to adopt its
Intellectual Property Center and Technology and Innovation Support Center. Research
method,Large amounts of data include intellectual property data managed by Intellectual
Property Centers in all forms and levels. The data is obtained from all inventors, designers,
and creators it serves. Improvement of service quality can be obtained by installing the
Technology and Innovation Support Center, which was initiated by the World Intellectual
Property Organization. Data science is the extraction of knowledge from large volumes of
structured or unstructured data which is a continuation of mining field data and predictive
analysis, also known as knowledge discovery and data mining. Results, The presence of
informatics philosophers is needed so that the stakeholders' understanding will occur in order
to handle business and disruptive innovation using technology and innovation support
centers. And recommendation, Recommended to the Directorate General of Intellectual
Property, the Indonesian Intellectual Property Center Association, and the Directorate
General of Innovation Strengthening to meet in order to form a shared philosophy regarding
technology and innovation support centers.
Keywords: Philosophy, technology, innovation, support center, business, disruptive.

1 Faculty of Technic, Hasannudin University, rasp@[Link]

2 Computer Hardware & Networking, and Software Engineering Laboratory Chief, andani60@[Link]
3 Faculty of Technic, Hasannudin University, ansarsuyuti@[Link]

26
LEGAL ASPECTS OF ONLINE LOANS

Disa Soraya,1 RaisyaAndayuPutri,2 RiaMaheresty A.S.3

Abstract
Financial Services IndustryPeer to Peer Lendinggives some benefits for the people to have a
financial access (loan). On the other hand, there are so many Technological Companies
doviolating rights to the consumers. Due to this issue, this research has some purposes to find
out the Legal Aspects about: [Link] Consumer Protection process in Money Loans Service
Based on Information Technology? 2. How to solve consumer disputes over the legal
violations inMoney Loans Service based on Information Technology? This research used the
approach of normative legal and choose the secondary data forits supporting details. The
results of this research is proved that Consumer Protection in Money Loans Service based on
Information Technology is only serve for the consumers of Financial Technology Company
who been registered by the Financial Services Authority (OJK) and the law enforcement up to
a revocation of business license. Furthermore is about the consumer dispute resolution which
can be reached by the internal complaints services, complaints to the OJK, and submitting
requests to the Alternative Dispute Resolution Institution (APS) or a civil accusation to the
District Court. However, there are no obvious regulation for the Starter Peer to Peer Lending.
So, a special regulation is needed into the Constitution which by manage that specifically
regulates about the Financial Services Industry based on Information technology, which also
guarantees consumer rights.
Keywords: a Protection, a Consumer, a Lending, an Information Technology

1 Graduate Student of Lampung University Law Faculty, disabahajad@[Link]

2 Graduate Student of Lampung University Law Faculty, [Link]@[Link]
3 Graduate Student of Lampung University Law Faculty, ria.maheresty9@[Link]

27
LEGAL PROTECTION FOR BITCOIN USERS IN CRIMINAL ACTS OF FRAUD
IN INDONESIA

Desia Rakhma Banjarani1, Shandi Patria Airlangga2, Sri Sulastuti3

Abstract
This paper discusses legal protection in criminal law for bitcoin users in Indonesia. Bitcoin has
not been specifically regulated in Indonesian laws and regulations, even the Indonesian
government has made a clear statement regarding the illegitimacy of bitcoin. Bitcoin fraud
raises new issues related to legal protection for its users in Indonesia. The research method
used is normative legal research, with the statue approach and case approach. This study uses
secondary legal data. The results of the study indicate that bitcoin does not have a positive
legal arrangement in Indonesia. Even so, bitcoin can be a legitimate payment instrument in
Indonesia with several conditions being fulfilled, such as not easily damaged, good quality,
cannot be faked, easy to carry, and has a stable value. Whereas in terms of legal protection for
users of bitcoin in Indonesia based on Article Article 28D of the Constitution of the Republic
of Indonesia in 1945. Although bitcoin is not explicitly stated in Law Number 11 of 2008
concerning Information and Electronic Transactions, this law can be used as its legal basis,
because bitcoin is included in the form of electronic transactions. The Criminal Code can be a
threat to the perpetrators of bitcoin fraud.
Keywords: Legal Protection, Bitcoin Fraud, Bitcoin in Indonesia.

1 Law Master Students of Faculty of Law University of Lampung, desiarahma7@[Link]

2 Law Master Students of Faculty of Law University of Lampung, patriashandi@[Link]
3 Lecturer of Faculty of Law University of Lampung, tutiunila@[Link]

28
INDEPENDENT ONLINE LEARNING: A SOLUTION TO FULFILL THE RIGHTS
OF EDUCATION IN INDONESIA

Antonius Roni Kurniawan1

Abstract
According to international law and Indonesia constitution (UUD 1945), the rights of
education is fundamental. In this country, it is not easy to fulfill this right. It’s a hard to
provide a standard education and evenly distribute to261 million people on more
than seventeen thousand islands. According to the fact, near from Jakarta, in the city of
Bogor, Indonesia, there is a head of Rukun Warga-an administrator of hundred of family in a
region-, who can not read and write, a very important basic education. As we know, there are
different and specific needs for each person and for each region. This research tries to find an
answer of how the Indonesian government fulfills this right with such obstacle. This paper use
sociological and empirical method. The result show us that, after working ‘Rumah Belajar
Bersama’, independent online learning that can be easily realized. It will sort, choose, arrange
educational material video in Youtube, that are available abundantly from all over the world.
There is a list from A to Z and the detailed of content of the video will be typed in Indonesian
and printed. Each group of certain educational material has curriculum managers (CM). CM
are responsible for developing the educational material in their chosen field. The learners can
learn independently in a group. They can discuss, assessing and evaluating each other. They
can contact the CM via video connection or face to face. Cheap-even free- and accessible
education can be realized.
Keywords: right education, education, fundamental right, Indonesia

1 Funder of My Rights Education association in Indonesia, myrighteducation@[Link]

29
LAW AND FAMILY

30
DISCRESSION ON CRIMINAL ACTS OF HOUSEHOLD VIOLENCE

Ahmada Basyara Zahrah1, Achmad Rismadhani K2, Feryando3,

Robinsius Asido Putra N4

Abstract
Domestic violence is actually nothing new. Moreover, the issue of domestic violence
(domestic violence) also concerns human rights issues. The existence of domestic violence
(domestic violence) can be caused by the lack of appreciation in fulfilling basic human rights,
including the same rights and obligations in the law. Acts of domestic violence committed by a
husband against his wife or vice versa are often considered as common things in a family. The
focus of the study in this scientific paper is related to police policy in applying discretion to
criminal acts of violence in households in Bandar Lampung as well as inhibiting factors in the
application of discretion by the police to criminal acts of domestic violence in Bandar
Lampung. The results of this study provide an answer that the police policy in law
enforcement against discretion in domestic violence at Bandar Lampung Police is because it is
based on situations and conditions that are felt as a need to make a policy that is morally and
legally responsible, while the obstacles that arise in police policy in enforcement the law on
discretion on domestic violence in Bandar Lampung police is a factor regarding investigator
knowledge due to lack of education to prospective investigators so that investigators have not
been maximized in carrying out discretion against criminal acts. The suggestion from this
research is for the police who are authorized to use discretionary policies on domestic
violence, should implement different treatments by taking other actions based on law to be
alternatives that can be used by investigator, because the legal problems faced by investigators
in the community are different and varied in style and model, besides the substance of the
Invitation is now not explicitly and in detail regulating it, therefore the government should
give a serious response in making a good basis for regulation.
Keywords: Police, Discretion, Domestic Violence.

1 Faculty of Law University of Lampung

2 Faculty of Law University of Lampung
3 Faculty of Law University of Lampung
4 Faculty of Law University of Lampung

31
LEGAL ASPECT OF KARTU KELUARGA SEJAHTERA: TULANG BAWANG
REGENCY CASE

Febrimayanti,1 Dwi Zaen Prasetyo,2 Hasti Yunita Sari3

Abstract
The writing of this paper aims to explain the legal arrangements for the impact of holding a
prosperous family card (KKS) for companion study family program (PKH) in Tulang Bawang
Barat Regency, Lampung Province. As for the background of this writing, the government
program, PKH implemented since 2007, proved to be quite successful in overcoming the
poverty faced. This program has a companion, whose job is to carry out facilitation, mediation
and advocacy functions for KPM. Among his duties, the assistant is to ensure that the
assistance is on target, fixed in number, and on time. In the development of innovations in the
distribution of Family program assistance in the hope of cash to non-cash, this system has
become a very innovative work that is used in many countries that conduct Conditional Cash
Transfers, in this case the Family Welfare Card (KKS) is a means to channel social assistance
and subsidies government. KKS also has a dual function of being a Savings and Wallet (e-
wallet) for the management or the beneficiary of PKH assistance. It's just that in the use of
KKS for each KPM, it doesn't fully know and is capable of using the KKS in the bank
properly and correctly. If KPM is left alone, it is feared that KKS cards will be swallowed, lost
and blocked pins.
Keywords: legal arrangement, Prosperous Family Card (KKS), companion, Program Keluarga
Harapan (PKH).

1 Faculty of Law University of Lampung

2 Faculty of Law University of Lampung
3 Faculty of Law University of Lampung

32
CRIMINAL PUNISHMENT RAPE VICTIMS OF CHILDREN THAT DO
ABORTION IN INDONESIA

Ramiyanto1

Abstract
Juridically, rape victims (including children) who have an abortion cannot be convicted. but
practically, it turned out that the child of the rape victim who had an abortion was sentenced
to criminal as happened in the MuaraBulian District Court, Jambi. The verdict was later
canceled by the Jambi High Court, so that the child of the rape victim who had an abortion
was not convicted. The question is “Is it true, children of rape victims who commit rape
cannot be convicted?”. The research method used in this paper is normative legal research
(juridical-normative). From the discussion it can be seen that not all rape victims (including
children) who have had an abortion cannot be sentenced to a crime determined in positive
law. The child of a rape victim who has an abortion who does not fulfill the conditions
specified in the statutory provisions can still be sentenced as stipulated in Article 77A of Law
No. 35 of 2014 jo Law No. 23 of 2002. Advice from authors, law enforcers and interested
parties should be more careful to determine the responsibility of child rape victims who carry
out abortion actions in terms of aspects of criminal law. Relating to the permission of parents
or family to carry out an abortion must be strictly regulated.
Keywords: Imposing of Criminal, Child Rape Victim, Abortion

1 Faculty of Law, Sjakhyakirty University of Palembang, Ramiyanto90@[Link]

33
ANALYSIS OF MEDIATION IMPLEMENTATION ON DIVORCE CASE: STUDY
AT THE RELIGION COURT OF SUKABUMI CITY ON 2018

Ni Putu Juwanita Dewi1, Aldi Renaldi2, Angga Trisna Badrudin3

Abstract
More and more years the number of divorces is increasing with various causes of divorce and
one of them occurs in the city of Sukabumi, West Java. With the issuance of PERMA Number
1 of 2016, the Sukabumi City Religious Court implemented a policy of mediation procedures
in the courts with the aim of reducing the accumulation of divorce cases. This study aims to
obtain in-depth information about the implementation of mediation in cases of divorce in the
Sukabumi City Religious Court in 2018 based on PERMA Number 1 of 2016 concerning
Procedure for Mediation in Courts. The study used a qualitative method with purposive
sampling. Data collection through in-depth interviews with six respondents, observation and
document review related to the implementation of mediation on divorce cases in the
Sukabumi City Religious Court. In this study, the results obtained were that there were still
obstacles to the implementation of mediation in cases of divorce in the religious court in
terms of human resources, communication about mediation procedure, the facilities provided
so that the implementation of Sukabumi City had not been implemented optimally. Some
suggestions recommended in this study are conducting socialization regarding the flow of the
mediation procedure for divorce cases, sending judges to attend training and having
certification as mediators, adding facilities to support mediation in the Sukabumi City
Religious Court.
Keywords: Mediation, Divorce Claims,Religious Court

1 Pasundan School of Law, Sukabumi, West Java

2 Pasundan School of Law, Sukabumi, West Java
3 Pasundan School of Law, Sukabumi, West Java

34
LAW AND PUBLIC POLICY

35
NATIONAL HEALTH INSURANCE: REALIZING A BETTER PUBLIC
SERVICE AND GUARANTEE OF CITIZENS' CONSTITUTIONAL RIGHTS

Agus Triono1

Abstract
National health insurance based on Law No. 24 of 2011 implemented on January 1, 2014 is a
manifestation of the state's responsibility to fulfill the health care rights for all citizens.
Nevertheless, this national policy has not been well received by the community. Not only
because it has just started so that the service provided is not optimal, but also it is stated to
contain elements of usury, which is contrary to Islamic law followed by a majority of the
people in Indonesia. This article will discuss whether national health insurance is an alternative
towards better public services or intervention of religious freedom, and how to implement a
national health insurance program that can be well accepted by the whole community. Based
on the study using statute and case approach, it can be stated that national health insurance as
an alternative in fulfilling the right to health care services has not been implemented optimally
and even tend to discriminate against the poor. It happens because of limited funding from
both government and local governments influencing the lack of accessibility of the poor in
this program. In addition, this program also contains the elements of uncertainty, gambling
and usury, which are contrary to the teachings of Islam. Therefore, the government should
implement this program using the excellent service standard as a general principle of the new
public services. Moreover, the government should do a synchronization between national law
and Islamic law as the religious norms that followed by the largest population in [Link]
is important to protect the right in implementing the teachings of religion as a part of religious
freedom.
Keywords: National Health Insurance, Public Service, Citizens' Constitutional Rights

1 A Lecturer of Administrative Law at Law Faculty of Lampung University. [Link]@[Link]

36
THE DYNAMIC OF IDENTITY CARD POLICY IN INDONESIA

Shintya Gugah Asih Theffidy 1, Muhammad Burhan2, Lusita Anjelina3

Abstract
Public service in the Department of Population Administration and Civil Registration is one
of the mandatory functions of the government as regulated in The Law of The Republic of
Indonesia Number 23 of 2014 concerning Regional Government. E-KTP is a form of
administrative service whereby the state is obliged to provide protection and recognition of
the determination of personal status and legal status of any Population and Important
experienced by Indonesia Peoples as mandated in The Constitution of Republic of Indonesia
in 1945. However, various problems continue to occur, ranging from corruption of e-KTP
cases, unrecognized temporary identity certificates and many more. The dynamics of
inhabitant Policy is done to overcome the problems related to e-KTP that have existed so far,
this is influenced by Four I factors (Ideas, Interests, Institutions, Individuals) and time.
Through the inductive approach method through primary and secondary data sources in the
form of legal study material and technical analysis of qualitative analysis, this research
describes the factors of new ideas, key actors in policy making, the role of institutions,
interests and time in the dynamics of the inhabitant policy in Indonesia. Period of 2006-2018.
The dynamics of policies related to e-KTP occur as a form of adjustment to create policies
that are relevant to the continuity of service in the field of occupation administration,
therefore strengthening supervision is not only the responsibility of law enforcement
institutions or authorized institutions but all of Indonesian Peoples.
Keywords: Administrative Services, e-KTP, Dynamic of Policy, Regulation, Four I..

1 Student of Master of Government Science Department, Lampung University, shintyagugah@[Link]

2 Student of Master of Government Science Department, Lampung University, muhamadburhan92@[Link]
3 Student of Master of Government Science Department, Lampung University, Lusitaanjelina21@[Link]

37
COMMUNITY SATISFACTION ON PERFORMANCE OF PUBLIC SERVICES
IN LAMPUNG TENGAH

Dedy Hermawan1, Robi Cahyadi Kurniawan2, Rudi Wijaya3, Chaidir Ali4

Abstract
Public service in Indonesia is still a big piece of homework in order to realize excellent and
optimal service. The standard of public service for the bureaucracy, especially in the regions is
still limited to slogans without implementation in the performance area. Research on
community satisfaction with the performance of public services in the Lampung Tengah
district was conducted in September-November 2018, involving 384 respondents using
quantitative methods through surveys. The results of the study show that education and health
services that are basic services and compulsory local governments are still in an unfavorable
dimension or range. Need to improve on a large scale so that public services in Lampung
Tengah Regency can meet good standards.
Keywords: public service, community satisfaction, Lampung Tengah district.

1 Faculty of Social and Political Science, University of Lampung

2 Faculty of Social and Political Science, University of Lampung
3 Faculty of Law, University of Lampung
4 Faculty of Law, University of Lampung

38
DISCLOSURE OF INFORMATION ON LAND DOCUMENTS IN EFFORTS TO
SERVE COMMUNITY NEEDS

Yogi Fransis Taufik1, Ika Mutiara Putri2, Faisal Rahman3, Agung Setiawan4

Abstract
The Law of the Republic of Indonesia Number 14 of 2008 on Public Information Openness
(the Law of Public Information Openness), ensure that everyone is entitled to public
information and Public Agency, including The National Land Agency (BPN RI), is obliged to
provide public information through the ministry of public information openness. However,
there are still obstacles in obtaining public information in the land sector, especially land
document information. The problem of this thesis is the status of land documents issued by
BPN in the perspective of Law Number 14 of 2008 on Public Information Openness and
models of information openness of land document by BPN RI that can serve the needs of the
community. The method used is the juridical normative, prescriptive specifications descriptive
research, literature study data collection, data analysis method used is qualitative analysis
technique. The results showed that the status of the land document information is exempt
information and implicitly permanent. However, it may be subject to special treatment by
Article 18 paragraph (2) of the Law of Public Information Openness. Models of openness
land documents created based on the model of existing openness with the renewal , the
applicant's anyone who can apply for the information and use the information request
mechanism written consent of the secret revealed.
Keywords: Openness, Land Documents.

1 Faculty of Law, University of Lampung

2 Faculty of Law, University of Lampung
3 Faculty of Law, University of Lampung
4 Faculty of Law, University of Lampung

39
ENSURING SUSTAINABILITY OF FOREST FUNCTION THROUGH
PARTNERSHIP PROGRAM
(From Land Grabbing to be Conservation Partner, Study In Register 45 Forest Mesuji
Lampung Province)

HS Tisnanta1, FX Sumarja2

Abstract
The purpose of research is to study forestry partnership program as manifestation of social
forestry principles. The partnership is cooperation between communities and holders of forest
utilization license. The objective of these paper first, to prevent and second, to reduce land
forest conflict and ensure sustainability of forest function. The research was conducted with
socio-legal approach to the implementation of the partnership program between community
and PT Silva Inhutani as holder of HPHTI license in register 45, Mesuji, Lampung Province.
Partnership Participant are land grabber on register 45 then must become conservation
partners. The position requires paradigm shift of partnership to ensure the guarantee the
function of the forest. The partnership is long process because land grabber and PT Silva
Inhutani are facing each other on land conflict. The partnership is bound by a standard
agreement of parties, but doesn’t consider the variation of register 45 farmer characteristics.
The understanding of community as conservation partner hasn’t fully reach and tend to be a
temporary acceptance. In the future partnership participant will demand social and public
facility, because participant allowed to build houses. This means shifting the forest
conservation function of register 45 as a permanent production forest.
Keyword: Ensuring, Sustainability, Forest Function, Partnership Program.

1 Lecture at Faculty of law, University of Lampung since 1987; Head of Center of Study Policy and Human
Rights (PKKP-HAM) at University of Lampung. Graduated from PhD Program University Diponegoro 2012.
2 Lecture at Faculty of law, University of Lampung since 1989, secretary of Magister of Law Faculty of law

University of Lampung. Graduated from PhD Program University Diponegoro 2016.

40
LOCAL GOVERNMENT

41
FUEL OIL DISTRIBUTION IN REGIONAL LEVEL IN INDONESIA

Arnelis Jessika1, Bani Immanuel Ginting2

Abstract
One of the explications in “The Nine Agenda”,- Nawa Cita, proposed by Joko Widodo-Jusuf
Kalla; development and economic equality in all parts of Indonesia, causes fuel oil (BBM)
needs continue to increase. This is due to the attempt of an even distribution of fuels to more
regions throughout the archipelago which apparently did not work as expected; some regions
experienced the uneven distribution, as is the case in Bunga Mayang of North Lampung
Regency (Verdict Number: 66/Pid. Sus/2017/ Pn. KBU). Republic Act number 22 of 2001
on Oil and Gas has not clearly set how the distribution of fuel to remote areas, moreover, the
rules on the permits given are difficult to be processed by the society of the lower class. The
main issue elaborated in this study is the evaluation of whether the law to distribute fuel in
remote areas based on the Act No. 22 of 2001 and other regulations has met the objectives.
The research methods used is an empirical problem approach, with data sourced from primary
data and secondary data, processed using descriptive and analytical qualitative methods.
Results show that the objectives of the enforcement of fuel distribution in remote areas based
on Act No. 22 of 2001 and other regulations are not achieved because it does not meet the
elements of justice and benefits for particular communities. It is advisable that the government
revise the law primarily in the field of granting distribution permits in remote areas in order to
realize justice and benefit for every community.
Keywords: Even Distribution, Fuel, Rural Areas.

1 Master of Law Study Program at University of Lampung, arnelisjessika29@[Link]

2 Master of Law Study Program at University of Lampung

42
THE NEED OF SPECIAL COURT FOR REGIONAL HEAD ELECTION IN
PROTECTING INDONESIAN DEMOCRACY

Topan Indra Karsa1

Abstract
Regional head elections (Pemilukada), is a series of general elections to elect Regional Heads
and Deputy Regional Heads (Governors, Regents / Mayors) directly in Indonesia by residents
of the local area who fulfill the provisions of the legislation. In the event that it is not closed,
there may be a lot of problems / disputes, the Dispute over the Election of Regional Heads is
basically a Dispute arising from a conflict of interest. Therefore, along with the development
of the community, the Law emerged which sought to minimize various conflicts of interest in
the community with the aim of realizing a democracy based on Pancasila. This writing
discusses the legal issue of how the provisions of national law relate to the urgency of the
establishment of a special post-conflict local election as an instrument to protect the running
of Indonesian democracy. The results discussed in the special election court can provide legal
space to the disadvantaged parties in the violation of the General Election of Regional Heads
to obtain legal certainty in the life of democracy, as well as an effort to accelerate the
settlement of violations that occur during the post-conflict local election stage. The concept of
justice that is realized will pay attention to the pattern of government performance in the
sense, anticipation if there is a re-election, and the time for a local government must be sworn
in to stabilize the transition of empty regional government because the previous term of office
has ended.
Keywords: Demorcation, Regional Head Election, Special Court

1 Postgraduate Student Doctoral Program, Law Faculty, University of Lampung

43
GOVERNMENT SUPERVISION ON THE IMPLEMENTATION OF TAPPING
BOX POLICY TO IMPROVE TAX COMPLIANCE IN BANDAR LAMPUNG

Marlia Eka Putri A.T.1, Nurmayani2, Fenny Andriani3

Abstract
This research is based on the position of Restaurant Tax as one type of local tax which is a
source of Local Revenue. In its implementation so far there have been many leaks from the
Restaurant Tax sector, due to the weak supervision system for Restaurant Tax collection.
Whereas the development of restaurants in Bandar Lampung is increasingly rapid, marked by
the increasing number of restaurants, cafeterias, canteens, stalls, bars, and the like including
catering/catering services, which are the object of restaurant tax. The discussion in this study
has used a legal research methodology that has a normological pattern, so that law is
understood as a set of written regulatory norms. Thus, it will be seen if the Bandar Lampung
City Government has made the right policy by using a tapping box system to prevent this
leakage. This research has been carried out with an approach through legislation methods and
other related documents that apply in the field of government supervision of tapping box
policies as legal material to be analyzed by the Tax Law method and responsive legal theory.
The results showed that the use of tapping boxes can minimize the occurrence of restaurant
tax leaks, especially if restaurant taxpayers, namely restaurant entrepreneurs, want to obey
operate the tapping box machine all the time. strict sanctions are needed in the administrative
sector in addition to the application of 2% sanctions per month, which can be in the form of
restaurant closure or revocation of business licenses for those recalcitrant entrepreneurs.
besides that the number of tapping box tools must be added because so far the number is
limited and only installed in certain restaurants.
Keywords: government supervision, taxpayer compliance, tax policy, Bandar Lampung

1 Lecturer of Law Faculty, Uiversity of Lampung

2 Lecturer of Law Faculty, Uiversity of Lampung
3 Lecturer of Law Faculty, Uiversity of Lampung

44
THE POLICY TO DETERMINE ORDERLY TRAFFIC AREAS AND ITS
IMPLICATION: PRINGSEWU CASE

Muhammad Reza Kurniawan1, Sukma Frando2, Zara Shelli Meirosa3

Abstract
Each region, especially in district and municipal levels, should have Orderly Traffic Areas
(OTAs) especially in down town areas, including Pringsewu district. This is required to
compensate the increase of road users both two and four wheeled motor vehicles. The
problems of this research were how did the implementation of the policy OTAs stipulation in
Pringsewu district; what were the inhibiting factors in the OTAs stipulation and its
implications to control hawkers in Pringsewu district, and what were its implications to
control hawkers in Pringsewu district. The research results showed the implementation of the
policy to determine OTAs in Pringsewu district was to realize orderly, smooth, and secure
traffic and to make them into pilot areas. The inhibiting factors in OTAs stipulation in
Pringsewu district were public obedience to law and discipline levels of road users. The
implication of the policy was the enactment of progressive law enforcement in the OTAs,
because police the party having the authority to monitor the OTAs concerning the hawkers,
the police should have a philosophical foundation that the objective of law was, especially for
hawkers, to provide public justice, welfare, and happiness.
Keywords: Orderly Traffic Areas (OTAs), implication of hawkers controlling

1 Master of Law Study Program at University of Lampung

2 Master of Law Study Program at University of Lampung
3 Master of Law Study Program at University of Lampung

45
BUSINESS LAW AND DISRUPTION

46
SHIFTING INFORMAL MSMEs TO FORMAL MSMEs: THE ROLE OF ICT’S AS
AN INITIAL TRIGGER MODEL

Kevin Joan1, Dimas Putra Adzie2

Abstract
This paper attempts to offer a viable alternative model in developing and shiftinginformal
MSMEs to formal MSMEs. The extant literature on the (i) accounting and financial report,
marketing, human resources and financing constraints faced by MSMEs in developing their
business, and (ii) ICT have been reviewed critically and used in the attempt of proposing an
alternative model in developing [Link] paper has developed ICT’s Model as a strategy
to develop and shift informal MSMEs to formal MSMEs in [Link] model is expected
to provide Directorate General of Taxationto meet their liquidity constraint in developing and
shifting informal MSMEs. It is also involved an involvement of MSMEs platform based on
[Link] paper is based on conceptual explorations of literature in the area of MSMEs and
ICT. This paper is a conceptual paper, so it did not employ any empirical analysis. The
findings of this paper will provide Directorate General of Taxation with an alternative
modelindeveloping and shifting informal MSMEs. The present study also has implications for
government and policy makers. By involving ICT’s, it helps the government to increase the
number of formal MSMEs for the higher tax revenue in Indonesia.
Keywords: MSMEs, disruptive technology, ICT, formal business, business development
services.

1 University of Lampung, Kevinjoan9@[Link]

2 University of Lampung, dimasputraadzie5454@[Link]

47
DOCTOR AUTHORITY IN HEALTH CONSULTATION VIA ONLINE
APPLICATION

Radian Pandhika1, Maisyur Arif2, Bintari Anggre Yeni3, Dwi Retno Wulanndari4

Abstract
Nowadays in the development of internet, there are many online applicationsin the health
sector that provide online consultation services with doctors. But until now, there are no clear
or specific regulations have been issued regarding health consultation via online
[Link] of authority violation is often done by doctors in health consultationvia
online applicationis such as giving definitive diagnoses up to giving [Link] to do
these actions should be only done by the doctor when conducting a direct examination to the
patient. This research is normative with descriptive research types. The collected data is then
analyzed qualitatively into structured and logical sentences. This research is to find out
development, the legal relationship, and doctor authority in health consultation via online
[Link] consultation via online application requires elements of the agreement law.
Doctors are not permitted to provide definitive diagnoses and provide prescriptions or drug
therapy to patients. Because of its nature, online consultation cannot replace the direct
interaction between doctor and patient. Hopefully, there will bea specific regulationabout
health consultation via online application so as to provide legal certainty and provide clear
authority for doctor in giving health consultation via online application.
Keywords: doctor, authority, health consultation, online application

1 Master of Law Study Program at University of Lampung

2 Master of Law Study Program at University of Lampung
3 Master of Law Study Program at University of Lampung
4 Master of Law Study Program at University of Lampung

48
EFFECTIVENESS OF THE PROCESS OF MANAGING AND DEPOSITING
BANKRUPTCY BY THE CURATOR

Josh Mahendra1, M. Erick Fernando Anosa2, M. Rifki Usman Pubara3

Abstract
Bankruptcy is a general confiscation of the assets of a bankrupt debtor to pay off debts to his
creditors. Since the bankruptcy decision was made, the debtor lost his right to control his
property and was handed over to the curator as the party appointed by the Panel of Judges of
the Commercial Court to administer and file bankruptcy assets. Curators in carrying out the
tasks of management and bankruptcy of assets sometimes experience obstacles. In this
writing, I take the case in the Decision of the Semarang Commercial Court Number 02 / Pailit
/ 2011 / [Link]. The Decision and Decision of the Semarang Commercial Court Number 11
/ Bankrupt / PN. Niaga. Smg. The method used in this research is an empirical juridical
method, namely legal research that looks at juridical provisions or prevailing norms and looks
at the findings in the field to uncover problems regarding bankruptcy and asset management.
The specifications in this study are analytical descriptive, namely trying to provide a
comprehensive, in-depth description and analysis of legal theory that is the object of research.
The results of the research show that the effective way to solve the obstacles of managing and
giving bankruptcy by the curator in practice is: First, the curator can submit a request for
permission directly to the National Land Agency by attaching a copy of the decision of the
commercial court and appointment as curator. Second, the Curator can submit a request to
the Supervisory Judge and or the Commercial Court to make a decision in order to coordinate
with the National Land Agency to find out information about the assets of the bankrupt
debtor. In accordance with the provisions of Article 66 of the Bankruptcy Law, the
Commercial Court is obliged to hear the opinion of the supervisory judge, before taking a
decision regarding the management and deposit of bankrupt assets.
Keywords: Curator, Management, Settlement of Bankruptcy Assets.

1 Master of Law Study Program at University of Lampung

2 Master of Law Study Program at University of Lampung
3 Master of Law Study Program at University of Lampung

49
THE PROBLEMATIC OF CREDIT TAKEOVER POLICY BY THE
OUTSOURCED EMPLOYEE OF PT. BANK MANDIRI WHICH RESULTS IN
CRIME OF FRAUD

Leonardo1, Ali Habib2, Lilik Septriyana3, Vita Hestiningrum4

Abstract
Fraud is one of the many types of crimes that are still prevalent in Indonesia. In general, this
type of crime can be done only with good communication skills so that someone can convince
others through a series of false or deceitful words. Article 378 of the Criminal Code has
confirmed that someone who commits a crime of fraud is threatened with criminal sanctions.
However, it is still less effective in enforcing the perpetrators, because in the criminal law
enforcement, it is not enough to only regulate an act in a law, it is also requires law enforcer as
executors of the provisions of the law. A fraud cases committed by an outsourced employee
of [Link] Bandar Lampung is one of the examples of a fraud in a new form that is
still very rare and intriguing to be studied, how fraud conducted by offering credit takeover to
customers, as well as the Judge's consideration of criminal acts of fraud by outsourced
employees of PT. Bank Mandiri on the District Court Decision No. 664 /
Pid.B/2017/[Link]. The results of this study provide an answer that the legal considerations
of the Judge in applying criminal provisions against the defendant in the case of theDistrict
Court Decision No. 664 / Pid.B/2017/[Link], the defendant is sentenced to 2 (two) years
and 6 ( six) months imprisonmentby the Judicial Panel because the defendant were found
guilty of committing a criminal act of fraud on Article 378 of the Criminal Code, it is different
from the demands of the Public Prosecutor that was 3 (three) years imprisonment for being
guilty of committing fraud as stipulated on Article 378 of the Criminal Code. The Judge's
consideration in applying criminal provisions against the defendant in this case was
appropriate, where the judge had considered on juridical considerations, the facts of the trial,
testimony of witnesses, the available evidence, the Judge's conviction and supporting
materials.
Keywords: Credit Takeover, Outsourcing, Fraud.

1 Faculty of Law University of Lampung

2 Faculty of Law University of Lampung,
3 Faculty of Law University of Lampung
4 Faculty of Law University of Lampung

50
CRIMINAL LAW

51
ENFORCEMENT OF THE PASSIVE BRIBERY: CORRUPTION PERSPECTIVE

Dimas Tryanda Sany1, Fuad Alfano2, Jesfry Agustinus Nadapdap3,

Kemal Pasha Zahrie4, Median Suwardi5

Abstract
In Indonesia, bribery is one of the criminal acts of Corruption. The Corruption is stipulated in
Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning
Eradication of Corruption. But in the enforcement of that bribery article creates law official
confused, it can be seen that there are similarities to both articles, Article 5 paragraph (2) and
Article 12 letters (a) or (b) of the Corruption LawThe similarities between both of the articles
become one of the problems that are experienced by law enforcement officers in
implementing these rules. The problem of this research is that the basis the confederation of
law enforcement applying the provisions of passive bribery that is regulated in article 5
paragraph (2) and article 12 letter (a) or (b) Corruption Law and about limitations in the
application of the provisions of article 5 paragraph (2) and article 12 letters (a) or (b) of the
Corruption Law related to the principle of legal certainty. In Practice, The legal certainty must
have formal authority (the procedure must be correct) or material (the substance must be
correct) to feel its presence.
Keywords: Bribery, Criminal, Corruption

1 University Of Lampung, sanydimas@[Link]

2 University Of Lampung, fuadalfano@[Link]
3 University Of Lampung, authority88@[Link]
4 University Of Lampung, kemalpasha22@[Link]
5 University Of Lampung, mediansuwardi@[Link]

52
RECONSTRUCTION OF THE TREASON CRIME FORMULATION TO
ACHIEVE THE VALUE FOR SOCIAL JUSTICE

Hadri Abunawar1, Rendy Renaldy2

Abstract
The existence of the State Administrative Court in Indonesia they have yet to meet Makar in
Dutch called "aanslag", which means an attack or an attack. Literally the term treason in
question can be interpreted as a form of attack against a legitimate government with the intent
to overthrow or resist the wisdom that has a statute unlawfully, either by force of arms or by
other forces or by other means. One of the factors that drive a person committed the crime of
treason is a sense of dissatisfaction with the government or the regime that is in progress. The
method used in this research by using juridical empirical approach. Juridical empirical
approach is used to analyze a wide range of legislation. While the empirical juridical approach
is research that refers to the norms and principles of law contained in the legislation and court
rulings / fact the field. The study provides an answer that the reconstruction of the criminal
law against treason in order to achieve social justice values dikontruksikannya regulations
according to the principles of law and democratic state, influenced by the restrictions on the
powers of the regulatory and legal instruments make a criminal offense of treason. Limitation
of power being used, based on the understanding constitutionalism, legality, as well as
elements / the substance of the crime of treason is clear. Additionally, prioritize the human
rights of citizens in the setting of a criminal offense of treason is one form of construction of
the crime of treason laws governing the country according to the principles of law and
democracy. Which human rights in Indonesia is very concerned with the formulation of the
crime of treason,
Keywords: Criminal Law, Makar, Justice and Social Affairs.

1 University of Lampung, hadrilawfirm@[Link]

2 University of Sang Bumi Ruwa Jurai, rendynotaris@[Link]

53
LEGAL SANCTIONS ON CORPORATION FOR COMITTING CORRUPTION

Khairul Imam1

Abstract
KUHP often lags behind the development of crimes that occur in the community so it must
be patched to keep up with these developments. So based on the provisions in article 103 of
KUHP, there was a law that changed and added to KUHP. Because of the development of
crime, criminal law was also made No. 31 of 1999 concerning the eradication of Corruption
Crime (hereinafter referred to as UUPTPK), in conjunction with Law No. 20 of 2001
concerning the amendment to Law No. 31 of 1999 concerning Eradication of Corruption
Crime. Law No.31 of 1999 juncto Law No. 20 of 2001, it is known that there are certain
things in the Law that are different from KUHP, sentenced to be the same as the crimes
imposed on offenders. And corporate problems as the subject of criminal law, where
corporations can carry out criminal acts and can be accounted for. Corruption problems are a
problem that is hated by all the international community including the people of Indonesia so
that since the reforms were rolled out in Indonesia this has been highlighted by various parties
or it can be said that the problem of corruption is given priority to eradication.
Keywords: Corruption, Legal Sanction on Corporation, Legal Sanction of Corruption

1 University of Lampung, khairulimam042@[Link]

54
THE REVERSAL BURDEN OF PROOF FOR MONEY LAUNDERING CASE IN
INDONESIA

Heru Suyanto1, Beniharmoni Harefa2

Abstract
Money laundering is an extraordinary crime in the Indonesian criminal law. Proof of the
occurrence of criminal acts of money laundering is very difficult so that it requires
extraordinary methods. The reverse burden of proof system is one of the methods used by
law enforcement officials to ensnare the perpetrators of money laundering. This article intends
to explain the basis of philosophical considerations of the principle of reverse burden of proof
and the existence of a reverse burden of proof system in money laundering in Indonesia. This
paper used a normative juridical research method with library data sources. The approach
methods used were the statute approach and the conceptual approach. The basis of
philosophical considerations of the reverse burden of proof in accordance with the values of
Pancasila as the basis of the Unitary State of the Republic of Indonesia. Regarding the
arrangement of the reverse burden of proof system, it is regulated in Article 35 of Law
Number 15 of 2002 concerning Money Laundering. The reason for this reverse burden of
proof system of money laundering crimes can be understood as part of efforts to prevent and
eradicate money laundering
Keywords: money laundering, reverse burden of proof, criminal law

1 Faculty of Law, Pembangunan Nasional “Veteran” Jakarta University, Indonesia, herusuyanto@[Link]

2 Faculty of Law, Pembangunan Nasional “Veteran” Jakarta University, Indonesia, beniharefa@[Link]

55
CORRUPTION BEHAVIOR IN THE INDONESIAN EDUCATION SECTOR

Rinaldy Amrullah1, Muhamad Zulfikar2, Hapizh Abdul Aziz3, Jaya Hasiholan

Limbong4

Abstract
School Operational Assistance is a government program in providing education funds for the
poor citizen in Indonesia. School Operational Assistance is educational assistance in the form
of funds provided to schools. The existence of this program aims to free up the cost of
education for students who are unable and relieve other students with the aim of obtaining
quality education up to twelve years. Education is a learning process for students to have an
understanding of something and make it a critical human for thinking that is supported by the
place of school as part of Human Rights guaranteed by the Constitution. Along with the
times, the culture of corruption has now spread to the world of education such as the misuse
of school operational assistance funds. This culture of corruption is often carried out by
various individuals including in the world of education. The practice, which most often
misuses school operational funds is that principals often collaborate with Treasurers with
various modes carried out by actors in corrupt ways so that it will have a direct impact on
students and parents so that it has the potential to violate the basic rights of each humans to
get education as guaranteed as human rights in Indonesia.
Keywords: Corruption, Education, School Operational Assistance, Human Rights.

1 Chief of Center For Anti Corruption And Human Rights Community Studies, [Link].
2 Researcher of Center For Anti Corruption And Human Rights Community Studies
3 Researcher of Center For Anti Corruption And Human Rights Community Studies
4 Researcher of Center For Anti Corruption And Human Rights Community Studies

56
ADMINISTRATIVE LAW

57
SIMKIM AND THE IMPACT TO INDONESIAN MIGRANT WORKERS CASES
IN HONG KONG AND THE NETHERLANDS

Yasmine Soraya1

Abstract
The Indonesian information system of immigration management or SIMKIM which has been
issued since 2013 and applied in 2015 has given a great impact to Indonesian people in
particularly for those who live abroad such as migrant workers. The issuing of SIMKIM is in
purpose to manage a better system since there were a lot of legal fraud happened in
immigration sector. Before the issuance of SIMKIM, there was fraud of passport by using
false data such as on names, date of birth or other information. With SIMKIM which using an
integrated digital system, the false data cannot be done anymore. However, the migrant
workers, whose passport has been arranged previously by the employment agency and use
such false data, found difficulties to return their data to the original ones and are threatened to
be criminalized not only by Indonesian government but also by the state where they live in.
This article studies on this issue aimed to explore the real problem between migrant workers
and their immigration status. The research uses secondary methods data such as academic
books, articles, journals, etc. The research is expected to give recommendation on rights of
migrant workers to get an original passport.
Keywords: Immigration system, immigration status, undocumented, migrant workers, human
rights

1 Leiden University, Den Haag, [Link]@[Link]

58
THE ESTABLISHMENT OF TP4D OF PROVINCIAL ATTORNEY AND ITS
IMPLICATION ON CORRUPTION PREVENTION EFFORTS IN LAMPUNG

Yuda Wiranegara1, Hendra Abdurahman2, M. Aditya Pratama Putra3, Putri Sekartiara4

Abstract
The formation of the TP4D of Lampung Province was intended to create common
perceptions, steps and actions in an effort to prevent irregularities and corruption in Lampung
and to establish synergy between provincial government and Provincial Attorney Service in an
effort to prevent irregularities and losses at the state or region level, and to encourage the
acceleration of development and strategic programs in Lampung. The problem examined in
this study is whether the formation of the Team of Aide, Governance Security and Regional
Development (TP4D) is capable as an effort to prevent corruption, what is the inhibiting
factor in the implementation of TP4D's performance in the prevention of corruption and how
is the concept of assistance from this team in order to prevent corruption in Lampung
Province. The results of this study show that the establishment of TP4D was able to be
implemented as a deterrent to corruption crime because TP4D is not an opportunity to find
fault and increase the investigation of corruption cases but rather as an opportunity for the
Public Prosecution to support the implementation of development. One of the inhibiting and
supporting factors for the implementation of TP4D’s performance is Human Resources,
because it’s still inadequate quantitatively and qualitatively. Moreover, the concept of
assistance provides by TP4D that is able to prevent Corruption in Lampung Province is
byimplementing Legal discussion in terms of the application of regulations, legislation,
mechanisms and procedures with budget management officers on the problems of budget
absorption.
Keywords: Team of Aide, Governance Securityand Regional Development (TP4D),
Provincial Attorney Service and Corruption

1 Master of Law Study Program at University of Lampung

2 Master of Law Study Program at University of Lampung
3 Master of Law Study Program at University of Lampung
4 Master of Law Study Program at University of Lampung

59
MALADMINISTRATION IN LAND DISPUTE RESOLUTION IN LAMPUNG
PROVINCE NATIONAL AGENCY USING BUREAUCRACY DEVELOPMENT
MODEL

Shandi Patria Airlangga1, HS Tisnanta2, FX Sumarja3

Abstract
Land disputes are a popular problem in Indonesia where the handling is still less effective and
efficient. This argument is based on the results of a systemic study "Potential
Maladministration in Services for Settling Land Disputes and Blocking Land at the Land
Office in Lampung Province" by the Team of Lampung Pro-Province Ombudsman Study on
7 (seven) Land Offices in Lampung Province in [Link] were indications of
maladministration in the flow of land dispute resolution at the Lampung Province National
Land Agency (BPN). The indications of maladministration are a reflection of the quality of
BPN services. To test the BPN bureaucracy, bureaucratic development models are used and
recommend effective and efficient service solutions. This study is a normative juridical legal
research, the problem approach used are case approach, legislation approach, and conceptual
approach. Secondary data used were the results of a systemic study by the Lampung Province
Ombudsman team and other legal materials. Data analysis used is quantitative data analysis.
The results of the study show that the causes of maladministration are caused by a lack of
competencies in human resources and various obstacles. The BPN bureaucracy is also
classified as Pre-Bureaucratic, because there is still a flow of dispute resolution that is not in
accordance with the Minister of Agrarian Regulation and Spatial Planning No. 11 of 2016
concerning Land Settlement. BPN needs to improve the quality of its bureaucratic structure to
provide effective and efficient dispute resolution services.
Keywords: Maladministration, Land Dispute Resolution, Lampung Province,
Ombudsman, Bureaucracy Development Model.

1 Law Master Students of Faculty of Law University of Lampung, patriashandi@[Link]

2 Lecturer of Faculty of Law University of Lampung, [Link]@[Link]
3 Lecturer of Faculty of Law University of Lampung, [Link]@[Link]

60
LEGAL ENFORCEMENT ON THE DISCIPLINARY OF CIVIL SERVANT

Enny Agustina1

Abstract
This writing aims to discuss how the discipline of civil servants and how the discipline of
staffing and problems. The types and sources of data are as follows: secondary data is the data
obtained through the literature from various literature by examining books and writings or the
internet, legal journals, as well as legislation that is relevant to the problems studied. The
results of the research and analysis carried out is that a good legal system is needed by
changing the paradigm in employment law which is not only oriented towards the
implementation of the needs of the public. This will be related to the principle of meritocracy
where the core type of reinforcement is through reward and punishment. This principle will
lead to the implementation of disciplinary punishment of natural and balanced. There are
aspects that are contained, namely: competition and improving the quality of human resources
that are oriented to fulfill the needs of the public.
Keywords: Disciplinary, law enforcement, the civil.

1 Kader Bangsa University, ennyagustinadua@[Link]

61
JURIDICAL ANALYSIS OF WORK AGREEMENT WITH PKWT SYSTEM THAT
IS CONTRADICTORY TO THE MANPOWER ACT

Abdul Rahman Praja Negara1, Kassabella Vivata Justitia Satyo2,

Melyana Krissanti Putri3

Abstract
A work relationship that is bound because of a work agreement, creates legal consequences in
the form of rights and obligations between the company and workers that must be fulfilled by
both [Link] its implementation, many work agreements made by companies are made not
in accordance with the provisions stipulated in Law No. 13 of 2003 concerning Special
Employment related to Certain Time Work Agreement (PKWT) or commonly called contract
workers. As in the case of the PHI Decision at the Jambi District Court Number: 03/G/ 2013
/ [Link] and PHI Decision at the Bandung District Court Number: 48/G/2010/ [Link]
Jo. Decision of the Supreme Court Number: 935 K/PDT. SUS/[Link] research method
that the author uses in writing this law is to use a normative juridical approach that uses
secondary [Link] results of the study in this paper, explained that PKWT which was not
made in accordance with the provisions in the Manpower Law legally changed to a Non-
Specific Time Work Agreement (PKWTT) or permanent workers and there were differences
in judges' considerations in these two decisions resulting in different rights workers who
should have been accepted after being laid off by the [Link] suggestion that can be
conveyed is that the government through the Labor Inspector can provide sanctions to the
company and the judges in order to pay attention to the juridical, sociological and
philosophical aspects of giving decisions.
Keywords: Work Agreement, Company, Worker

1 Student at postgraduated Law Faculty University of Lampung. abdul.fhunila13@[Link].

2 Student at postgraduatedLaw Faculty University of Lampung. [Link]@[Link]
3 Student at postgraduatedLaw Faculty University of Lampung, melyana.putri25@[Link]

62
PENGAYOMAN LAW

63
RECONSTRUCTION OF LEGAL SCIENCE IN PROGRESSIVE LAW
PERSPECTIVE

Dwi Putri Melati1, Alif Armandoni2, Fatur Rachman3

Abstract
Satjipto often says that the philosophy of the real law is Law for humans, not humans for law.
Law is in charge of serving the community, not vice versa. The connection between Law and
other sciences does not stop at the social sciences. Satjipto Rahardjo's view of the law by
correcting mistakes and the lack of positivistic paradigms in law encourages him to rethink
ways of learning and legal methods aimed at presenting true justice or often called substantive
justice. This research is a Legal Socio approach. The legal socio approach is used to analyze
various laws and regulations and the law of punishment based on legal sociology. Meanwhile,
the socio-legal research approach is research that refers to legal norms and principles
contained in the laws and regulations and court decisions / facts in the field. Law is not
merely legislation which is a vacuum that is sterile from non-legal aspects. Law must be seen
in a social perspective, because law is not only a rule, but also a behavior. Law must
progressively meet social change while still trying to present substantive justice.
Keywords: Legal Socio, substantive justice, Progressive Law

1 Faculty of Law, Uiversity of Lampung

2 Faculty of Law, Uiversity of Lampung
3 Faculty of Law, Uiversity of Lampung

64
PANCASILA VALUE INTERNALIZATION WITHIN THE PROCESS OF
LEGISLATION MAKING

Bambang Suryadi1

Abstract
The establishment of the National Law is one of the most effective instruments available to
regulate and direct people's lives towards the ideals that are expected to be carried out by the
government. Thus the main purpose of establishing a legal product is to create changes in
people's lives in a better direction. Based on the above, political will is needed to guide the
establishment of legal products that contain Pancasila values. the etymological aspect of the
Pancasila Pancasila is the principle of worldview, a principle of life, the fruit of deep
contemplation of souls, the fruit of regular and thorough study of the knowledge on a broad
and profound experience of life. Legal issues in this paper will discuss how the
implementation of Pancasila values in the Formation of Legislation. Method Philosophy of
law is to seek truth, the process of contemplation in seeking validity in a legal research. the law
is Imparsial so as to be able to resolve disputes or problems impartially based on applicable
law. The results of the discussion were the quality of the country which became a benchmark
for safeguarding the ideology of the nation and was eagerly awaited to control the
implementation of justice in accordance with the noble values of the Pancasila. Legislation
must be a description of the principles contained in the Pancasila. All legislation that is not in
accordance with the Pancasila, is null and void by law. Therefore, to be able to understand the
accuracy of a law and regulation it needs to be understood by exploring the concepts,
principles and values contained in the Pancasila.
Keywords: Pancasila Value, Establishment, Law

1 University of Lampung, bambangsuryadi71@[Link]

65
CONSTITUTIONAL JUSTICE MONITORING SYSTEM IN INDONESIA

Kosariza1, Meri Yarni2, Netty3

Abstract
The Court is an institution in Indonesia institutional structures established under the mandate
of Article 24C in conjunction with Article III of the Constitution Amendment Transitional
rules NRI 1945. MK formation in each country has a diverse background, but in general is
starting from a process of political change in authoritarian rule toward more democratic. The
formation of the Court in the context of Indonesia at least motivated by three reasons:
Philosophical reasons, political reasons and socio-historical reasons. Third on the basis of
tersebutlah finally realized that to create a democratic and constitutional rule, it takes an
institution that has the authority to conduct judicial control. The problems that arise are
related to four functions to be executed MK named as guardian of the constitution, as the
interpreter of the Constitution, democracy and law enforcers human rights. The four
functions are implemented through implementation of the four powers and the obligations
which may be regarded as an authority as defined in Article 24 C of paragraph (1) and (2) the
Constitution NRI 1945. Based on theit is then that will be examined is how the Constitutional
Court supervision system and why it needs to reform and supervision systems How can the
ideal of the Constitutional Court in Indonesia. The method used in this research is a
normative legal research methods to study focuses on examining and reviewing the literature
regarding the supervision of Judge of the Constitutional models from time to time in order to
find the ideal construction supervision model of Constitutional Justice in Indonesia. The
research approach is the approach of legislation. historical approach. approach to the concept.
Research result The importance of special arrangements where the need for efforts to
reconsider system of supervision on the conduct of the Constitutional Court today. Back to
the fundamental thinking about the purpose of the establishment of the Court are then
contextualized by the Constitutional Court as a judicial authority to formulate the
implementing of new construction (ius constituendum) model of Constitutional Justice
supervision.
Keywords: Legal Reform, Monitoring System, Constitutional Justice.

1 Faculty of Law, University of Jambi, kosarizanoer@[Link]

2 Faculty of Law, University of Jambi
3 Faculty of Law, University of Jambi

66
JUDICIAL CORRUPTION: A PARADOX OF THE CRIMINAL JUSTICE SYSTEM

Slamet Haryadi1, Nurlaili Husna2

Abstract
The criminal justice system in Indonesia today illustrates a paradoxical situation in law
enforcement on corruption. On the one hand, the society have great expectation that the
criminal justice system can eradicate corruption, on the other hand, law enforcement officers
such as national police investigator, public prosecutor, and judge, in their own way continue to
weaken law enforcement by committing judicial corruption. The basic problem is how the
natures of characters of judicial corruption crime that lead to the paradox of law enforcement
on corruption are. Judicial corruption in the criminal justice system can be interpreted as a
crime committed by law enforcement officers, such as police investigator, public prosecutor,
or judge, who is handling a corruption case, by plotting the case as if the suspect was innocent
though he/she is guilty, it is then plotted as if it was a trifle. Therefore, the legal process is
reduced as a means of gaining benefit and personal wealth. Some of them are just formal
procedure for implementing the law. This is the paradox of the criminal justice system in law
enforcement on corruption in Indonesia. Judicial corruption has mostly affected law
enforcement officers’ life by deviating from law enforcement. The results of the analysis, the
natures of judicial corruption crime committed by law enforcement officers in the criminal
justice system form mental constructions which tend to damage and weaken the law, namely:
(1) disregard of the law, (2) cherry-picking, (3) limiting the legal’s reach, (4) narrowing the
meaning of the law, (5) exploiting the severity of the sentence.
Keywords: Crime, Judicial Corruption, and Criminal Justice System

1 Faculty of Law and Social Science Muhammadiyah University of Kotabumi

2 Faculty of Law University of Lampung

67
VILLAGE DEVELOPMENT
AND
COMMUNAL RIGHTS

68
VILLAGE FUND MANAGEMENT IN THE PERSPECTIVE OF VILLAGE
AUTONOMY

Nety Hermawati1

Abstract
Villages as the spearhead of regional governance in development and community
empowerment are required to be more independent in managing their village households as
mandated by the Village Law. The amount of funds that must be managed by the village
government has a fairly high risk in its management. Therefore the government, provincial
government, and district / city government helped empower village communities with
assistance in planning, implementing and monitoring village development. Even though the
funds owned by a village are very large, but if it is not properly regulated in its planning and
users, it will result in these funds being in vain or unable to provide maximum results in the
use of the village funds. The problem that will be discussed in this research is how is the
authority of village officials to manage village funds in the perspective of village autonomy and
how is the process of channeling village funds in the perspective of village autonomy The
research method used is to use a normative juridical approach with descriptive analytical
research specifications, and the data collection method used is library research and analyzed
qualitatively. This research shows that in managing village funds the village government has
full authority in managing village funds, this is because the village has the autonomy to
manage its own household. The existence of the Village Fund aims at village development and
the empowerment of village communities. The village government in conducting community
empowerment is carried out by opening new jobs in the form of Village-Owned Enterprises
(BUMDes). With the presence of BUMDes, village communities can improve their economy
and reduce unemployment in the village.
Keywords: Management, Village Fund, Village Owned Enterprises, Independent Village

1 Postgraduate Student Doctoral Program in Law Faculty, University of Lampung, hermawatinety@[Link]

69
RECOGNIZING THE PROTECTION OF COMMUNAL INTELLECTUAL
PROPERTY

Yunita Maya Putri1, Ria Wierma Putri2, Rehulina3

Abstract
Protection of communal intellectual property rights are extremely important in Indonesia.
Since communal intellectual property rights are not based on a "first-come-first-served”basis,
where the first registrants or innovators are first to obtain the intellectual [Link],
this method is problematic because it is not always known as to when or who first invented a
concept. Intellectual property rights also do not require proof as of the latest innovation, yet
recognize tradition, knowledge, and culture, both written and unwritten. In addition,
communal property rights also concede joint ownership for intellectual property owned by
communities or groups. Communal Intellectual Property consists of: a. Traditional
Knowledge (TK); b. Traditional Cultural Expressions (TCE); c. Potential Geographical
Indications (GI) and d. Genetic Resources (GR).
Keywords: Protection, Communal, Intelectual, Property.

1 Faculty of Law University of Lampung

2 Faculty of Law University of Lampung
3 Faculty of Law University of Lampung

70
LEGAL PROTECTION OF THE ULAYAT RIGHTS BY LOCAL GOVERNMENT:
POLICIES AND CONTEXT

Candra Perbawati1, Malicia Evendia2

Abstract
The constitution has mandated that the existence of customary law communities and their
rights as long as they live still be recognized and respected. This was supported by various
national and sectoral laws and regulations which also recognized and respected the customary
rights of indigenous peoples, but in its implementation customary land conflicts continue to
occur. From the legal aspect, this condition occurs because there is no legal umbrella to
protect the existence of customary law communities at the regional level. This research was
conducted to protecting of ulayat lands of customary communities with doctrinal legal research
methods. The results of this study show that First, regional authority in protecting indigenous
peoples is obtained from two legal regimes, the regional government legal regime in Law No.
23 of 2014 concerning Regional Government and sectoral legal regimes in the fields of land,
forestry and human rights. Second, the contextualization of legal protection of ulayat land
rights for customary law communities by local governments can be done by establishing a
Regional Regulation as a Legal Policy, so that local governments are advised to immediately
form regulations that contain and protect customary land rights for customary law
community.
Keywords: contextualization, community, adat, ulayat, protection.

1 Faculty of Law Lampung University, [Link]@[Link].

2 Faculty of Law Lampung University, [Link]@[Link].

71
THE POSSIBILITY OF VILLAGE DEVELOPMENT: VILLAGE REGULATION
FORMULATION AND ITS CHALLENGES

Rudy1, Yusnani Hasyimzum2, Siti Khoiriah3, Roro Rukmi W P4

Abstract
The new constitutionalism is giving the village new stance within Indonesia state relation.
This is creating the new relation between the state and village and open wide possibility for
village development. As one of the authority of the village, the authority for the formulation
the village regulation maybe the key to open those possibility. Thus, The need for good
regulations is very urgent in this new development since village regulation is become the
foundation of village autonomy. Within the analysis above, this research test the possibility of
the development through the formulation of the village regulation on two village in Lampung
namely Way Empulau Ulu di West Lampung and Tanjung Setia Village in West Coast. In
other side, government has enacted many regulations to govern the management of village
and has made possibility to halt the development of village. This is based on the assumption
that more regulation means more barrier for village formulation as Indonesia is using the
model of hyrarchie of law. This paper found that village regulation formulation success is
depend on the political will of the people and the collaboration with legal drafter is needed to
achieve the goal of village development using the formulation of village regulation.
Keyword: Village Regulation, Village Development, State Relation

1 Lecturer of Law Faculty, University of Lampung, rudy.1981@[Link]

2 Lecturer of Law Faculty, University of Lampung
3 Lecturer of Law Faculty, University of Lampung
4 Lecturer of Medical School, University of Lampung

72
INTERNATIONAL LAW
AND
HUMAN RIGHTS

73
TELEMEDICINE’S PATIENTS AND THEIR PROTECTION: WHAT DOES
THE INTERNATIONAL LAW OFFER?

Melly Aida1, Orima Davey2

Abstract
The international law has always been one to introduce new things for the sake of human
kind’s progress. With its uniqueness of connecting through the world, the international law is
also available of adjusting the life of humanity. Besides of prioritizing health, education, and
welfare, the pressure of globalization has taken us to the front door of a developed
globalization, which in this case can be seen from the modern life of technology. Thus, it
would a better option for law experts to acknowledge the ways of embracing technology
through the crisis matter of all time, health. Telemedicine would be a great example of any
hypothesis regarding to balancing health and technology without neglecting the idea of its
possibilities to be enhanced in developing countries such as Indonesia. Therefore, it is
important to understand the regulation regarding to telemedicine and the provided legal
protection for its patients based on the international in order to realize health advancement of
Indonesia’s citizens evenly. This research could be taken advantage by stakeholders in the
health sectors. The method used is normative law research with focus of purpose on fact
findings, problem identifications, and problem solution.
Keywords: Health Services, Legal Protection, International Law, Telemedicine.

1 International Law Department of Law Faculty-University of Lampung, [Link]@[Link]

2 Law Faculty of the University of Lampung, oridavey23@[Link]

74
GREEN JUDGEMENT

Dwi Zaen Prasetyo1, Febrimayanti2, Hasti Yunita3

Abstract
This thesis aims to outline the constitutional interpretation of the Constitutional Court in the
Judicial Review of Law relating to environmental protection. The method used to answer
these questions is by using analysis of normativ juridical interpretation and legal construction
so as to produce legal arguments through legal reasoning logical and systematic. The study, of
17 Constitutional Court ruling in which indicates that the Constitutional Court has the
constitutional interpretation of the environmental protection efforts. Based on a study of
these decisions, it is known that the Constitutional Court not only have the interpretation in
favor of the efforts to protect the environment and natural resources, but also the
interpretation that is not biased against environmental protection, and there are several factors
that determines the decision of the Court, among other things, factors of conservation,
exploitation factor, and factor public welfare.
Keywords: Environmental Protection, Constitutional Interpretation of the Constitutional
Court, the Constitutional Court Decision

1 Graduate Student Faculty of Law, University of Lampung, dwizaenprasetyo@[Link].

2 Graduate Student Faculty of Law, University of Lampung,
3 Graduate Student Faculty of Law, University of Lampung,

75
FREEDOM OF EXPRESSION IN THE ASEAN COUNTRIES: A COMPARATIVE
ANALYSIS OF THEIR CONSTITUTION

Rudi Natamiharja1, Kisti Artiasha2

Abstract
Freedom of expression as mention by The International Covenant on Civil and Politic Rights
(ICCPR) still cannot be implemented optimally by ASEAN member countries. Whereas as
one of the pillars of democracy, it is very crucial to provide space for freedom of expression
for citizen through constitutional and laws guarantees. This paper seeks to find an answer to
how the constitution of the ASEAN member countries guarantees the freedom of expression.
Through a normative approach, this paper tries to analyze and compare ten countries of
ASEAN members focusing on their constitutions and laws. We found that stating guarantees
of freedom of expression in the constitution is fundamental. The principal reason is that the
constitution as the highest legal norm in modern legal system. Our research found that not all
constitutions of ASEAN member countries provide guarantees for freedom of expression as
stated in the ICCPR. In this situation, the pressure from the international community is still
lacking in the state that does not mention in the constitution as long as it does not ratify it.
ASEAN countries need to make special and more serious agreements in order to provide full
guarantee of regional freedom of expression so that each country considers freedom of
expression as a fundamental right and becomes an important pillar in building a democratic
country.
Keywords: freedom expression, fundamental rights, ASEAN, constitution, human rights

1 Lecturer at departement of international law, Faculty of law, University of Lampung,

[Link]@[Link]
2 Junior lecturer at departement of international law Faculty of law, University of Lampung,
kisti_artiasha@[Link]

76
EFFECTIVENESS OF INTERNATIONAL COOPERATION MODEL
ON FIGHTING PIRATE

Naek Siregar1, Abdul Muthalib Tahar2, Heryandi3, Rudi Natamiharja4

Abstract
International cooperation in the field of fighting piracy in the sea is often carried out by
various countries. Nevertheless, the crime still occurs frequently and there is no significant
decline. This research tries to answer, what are the constraints in the international agreement
that have been agreed upon and how is the International Cooperation Model to fighting piracy
in the sea? This study uses normative agreement by analyzing agreements that have been
agreed between countries. Based on the results of the study, the authors found that piracy was
carried out not only because of economic and poverty problems, but also because of
existence, namely to get recognition from the international community towards certain groups.
Some countries also support piracy, which causes dominant political factors. Therefore, this
study wants to contribute to the agreement made must be based on the principle of benefits
specifically for fishermen who have a direct impact on piracy. Policies must be carried out by
promoting benefits for fishermen. International agreements in the field of fighting piracy must
be carried out simultaneously and impartially.
Keywords: International law, pirate, convention, international relation

1 Lecture on Department of International law, faculty of law, University of Lampung, naeksiregar69@[Link]

2 Lecture on Department of International law, faculty of law, University of Lampung,
[Link]@[Link]
3 Lecture on Department of International law, faculty of law, University of Lampung,
heryandi.1962@[Link]
4 Lecture on Department of International law, faculty of law, University of Lampung,
[Link]@[Link]

77
CORPORATION RESPONSIBILITY THROUGH ITS SUPPLY CHAIN AS AN
OBLIGATION TO RESPECT HUMAN RIGHT

Rehulina1, Firstiana Sharen Miranda2, Parulian Yusuf3

Abstract
United nation protect respect and remedy on business and human rights stated that it is
obligatory for a holding company to ensure human rights to be applied all through their final
supplier, in other words a holding company will violated human (labor) rights if it does not
applied the minimum labor treatment by the Human rights convention and ILO convention
or ILO recommendation that linked to minimum labor treatment. At 2018, in Indonesia there
has happened a termination of contract between UNIQLO (Japan Clothing Company) and
PT. Gaba (Clothes making company in Indonesia) the reason behind it is unknown. It stated
that PT. Gaba did not pay its employer because they have terminated their contract with
UNIQLO. Because of the reason that has been stated the writer would know how far is
holing company obligations to their supply chain, as an example can UNIQLO be liable for
the lack of the fulfillment of labor rights of the PT. Gaba or they does not have any obligatory
at all according national and international law.
Keywords: Corporation, Obligation, Respect, Human, Right.

1 Faculty of Law, University of Lampung

2 Faculty of Law, University of Lampung
3 Faculty of Law, University of Lampung

78
CORRUPTION IN ASEAN COUNTRIES: THE CHALLENGE FOR
RECONCILIATION

Ahmad Baharuddin Naim1, Algizca Rasya2, Nadia Apriliyawati3, Yuga Narazua4,

Rudi Natamiharja5

Abstract
Corruption became a matter of concern both at national and international levels. That the role
of corruption is increasing, the enforcement efforts are not only within the country but also
need to go abroad, also through international cooperation. International cooperation have
actually been made at this time, but have not been yet effective in practice. This paper used a
normative empirical studies with qualitative approach. According to our research work, this
can be seen from the data of state corruption in the world based on transparency
international, shows that more than two-thirds of countries in the world score below 50 on a 0
scale (very corrupt) and where 100 (very clean). While at the ASEAN level, some countries
remained where they were previously, some moved up the ranking and some went further
down. International transparency survey results noted that Indonesia's corruption perception
index (CPI) rose 1 point to 38 in 2018, showing an increase over the previous year, which was
ranked 89 out of 180 countries from the previous year at position 96, as well as Brunei,
Philippines and Singapore experienced an increase in the corruption perception index. While
Cambodia, Myanmar, Thailand and Vietnam experienced a decrease in the corruption
perception index from the previous year and Malaysia received a fixed perception index. So
that from this data a stronger cooperation framework is needed to eradicate corruption at the
international and regional levels. In order to increase international cooperation in the
enforcement of corruption, it is necessary to make regulations that are more comprehensive
and effective so as to provide a framework for eradicating corruption to be implemented at
the national level and this research shows that international cooperation at the ASEAN level
has not shown seriousness. In conclusion, this ASEAN collaboration is not yet firm so there
is a need for more enforcement.
Keywords: corruption, international law, convention, ASEAN, international relation

1 Ph.D. Student at Faculty of Law, University of Lampung, Judge of Corruption Cases at Court of First Instance
of Bandar Lampung, Indonesia
2 Bachelor’s degree student at law faculty, University of Lampung, Indonesia
3 Bachelor’s degree student at Faculty of Law, University of Lampung, Indonesia
4 Bachelor’s degree student of law faculty, University of Lampung, Indonesia
5 Lecturer at law faculty, Director of Department of International Law, University of Lampung

79
PROCEEDING LAW

80
THE EFFECTIVENESS OF THE ADMINISTRATIVE COURT VERDICT

Rendy Renaldy1

Abstrak
The existence of the State Administrative Court (PTUN) in Indonesia has not fulfil justice for
society, many un-execution of PTUN jurisprudence has affect pessimism and apatism, the
problem is there is no executive power in Undang-Undang No. 51 Tahun 2009 about PTUN.
The Method that use to juridical empirical. The result of the research is, First, the PTUN
Jurisprudence that has Inkracht Van Gewijsde can not be executed because there is Dwangsom
and administrative sanction as the last alternative which is not cared by state administrative
officials. Second, the weak execution of PTUN which has permanent legal force due to the
compliance of TUN officials in carrying out Court decisions that have permanent legal force.
Third, the legal construction of the Administrative Court to be effective is to file a civil suit
with the District Court. This is in accordance with the expansion of the meaning of Article
1365 of the Civil Code (KUH Perdata), which was developed by the Counsil de'etat France
jurisprudence which gave a line of firmness to distinguish between official errors (Faute de
serve) and personal errors (Faute de personelle).
Keywords: Implementation of Execution, State Administrative Jurisprudence, Headman
Election.

1 Lecturer of Law Faculty of Sang Bumi Ruwa Jurai University, rendynotaris@[Link].

81
DECISION OF SIMPLE CLAIMS IN INDONESIA

Salman Alfarasi1

Abstract
Regulation of the Supreme Court of the Republic of Indonesia (Perma) No. 2 of 2015 on
procedures for the settlement of a lawsuit simple issued by the Supreme Court of the Republic
of Indonesia is a reform in the field of Criminal Procedure in particular procedural law Civil
wherein the substance of the most important is the pruning process in the stage of
proceedings, so that the process of inspection and the solution can be performed more
quickly and simply. The problems that arise later from the presence of Rules of the Supreme
Court of the Republic of Indonesia (Perma) with specific characteristics, namely the simplicity
of the process beracaranya is also followed in the implementation of its decision because of
the Regulation of the Supreme Court of the Republic of Indonesia (Perma) it does not
regulate the implementation of the decision (execution) lawsuit Simple will but the
implementation of the verdict is still using the process as stipulated by the Civil Procedure
Code (HIR / Rbg / RV) with Perma thus is simple in the proceedings but to be long in the
implementation of the decision (execution). This article is the result of normative legal
research, where resources are focused to the secondary law in the form of books, articles,
newspapers all of which are obtained using the technique of study documents (document
analysis). By using materials such laws then the study and conclusion of the study and then
resources were calculated using deductive syllogism. The results showedthat Perma No. 2 of
2015 on Lawsuit Simple yet firmly set on the Implementation of Decision (Execution) to suit
Simple so that implementation of the Decision (Execution) still use the Law of Civil
Procedure as in Claims Ordinary, Research in the District Court of Tanjung Karang shows
that In 2018 Lawsuit simple entering as many as 27 cases and none of the cases that have been
carried out his execution because of a lengthy process of execution and execution cost is high
enough so that it will give rise to obstacles that cause modest claim not to be as simple as
expected.
Keywords: Implementation of the Decision, Simple Lawsuit.

1 Judge of Tanjung Karang District Court, Lampung Province, [Link]@[Link]

82
PRE-TRIAL JUSTICE SYSTEM VERSUS THE CONCEPT OF EXAMINATION
JUDGES

Dwi Nurahman1

Abstract
The Pre-Trial Justice System which has been regulated in the Indonesian Criminal Procedure
Code reaps a lot of criticism from legal practitioners. In practice, it turns out that Pre-Trial
Justice System does not provide a sense of justice for justice seekers, especially suspects in the
criminal justice process. The Government and the House of Representatives have drafted the
Indonesian Criminal Procedure Code Draft, one of which replaces Pre-Trial Justice System
with the Preliminary Examining Judge. The legal issue as a problem in this writing is how is
the comparison of Pre-Trial Justice System with the concept of the preliminary examining
judge in the renewal of Indonesian criminal procedure law? This scientific writing uses the
method of Sociological Legal Research (socio legal research). the comparison of the Pre-Trial
Justice System with the concept of the preliminary examiner judge in the renewal of the
Indonesian criminal procedure law, namely the Pre-Trial Justice System only has the authority
to examine and decide whether the arrest, detention, termination of investigation or
termination, compensation and / or rehabilitation for a person whose criminal case is
terminated at the level of investigation or prosecution. System are passive in the sense that
they act on the request of the suspect. Pre-Trial Justice System hearings are held if there are
demands from the rightful parties. Whereas the Preliminary Examining Judge has the
authority to determine or decide on the legality of the arrest, detention, search, seizure, or
wiretapping, cancellation or suspension of detention; information made by the suspect or
defendant by violating the right not to burden himself; compensation and / or rehabilitation;
investigation or prosecution has been carried out for illegal purposes; termination of
investigation or termination of prosecution which is not based on the principle of
opportunity; violation of the rights of any other suspect that occurred during the investigation
phase. The Preliminary Examining Judge can act passively or actively, namely at the request of
the suspect or victim (passive judge), on his own initiative after receiving copies of the arrest
warrant, detention, seizure, termination of investigation or termination of prosecution that is
not based on opportunistic principles (active Judge).

Keywords: Comparison, Pre-Trial Justice System, Preliminary Examining Judge.

1 Faculty of Law, University of Lampung

83
MISCONCEPTION ON THE MPLEMENTATION OF DIVERSION SYSTEM
WITHIN CHILD CRIMINAL JUSTICE SYSTEM IN INDONESIA

Nikmah Rosidah1, Chaidir Ali2

Abstract
Based on Article 7 of Law Number 11 of 2012 concerning Child Criminal Justice System
(CCJS Law) which stipulates that at the level of investigation, prosecution and examination of
children's cases in the district court must be pursued for diversion and the crime that is
punishable by imprisonment under seven years and not a residiv crime. Diversion itself is
intended to ensure that child crime cases can be settled out of court. However, in practice of
diversion oftenly cannot work well since the stakeholder relating to such issue also legal
enforcer didn’t understand the essence of the diversion. Using the juridic-normative research
method, this study found that the application of the diversion oftenly recognised to be similiar
as giving compensation to the victim of child crime, though those conception are greatly
different to each other. Thus, it can be concluded the urge of knowledge improvement about
the diversion and the need for public education through legal counseling to understand the
intention of the diversion itself. Ultimately, the diversion is expected to be optimally applied.
Keywords: Implementation, Diversion, Child.

1 Faculty of Law University of Lampung, nikmahrosidah@[Link]

2 Faculty of Law University of Lampung, chaidirali678@[Link]

84