Pub Date : 2020-03-27DOI: 10.2991/aebmr.k.200321.043
Widhya Mahendra Putra, R. Lestarini
The nature of the establishment of SOEs in Indonesia is derived from the formulation of Article 33 of the 1945 Constitution. Article 33 of the 1945 Constitution provides direction, intent and purpose for the state to control important production branches and to control the livelihoods of many people through state-owned enterprises (SOEs). The dynamics of politics, economy, and the era of globalization pushed changes in the management of SOEs. It is important to always look back at the background of the formation and identity of the actual SOEs so that the management and control of SOEs by the state remains in the corridor of Article 33 of the 1945 Constitution. This paper discusses the background of SOE formation that was influenced by ideological, economic and historical reasons. The development of SOEs from time to time shows that the influence of economic and political policies of the authorities is more dominant in influencing the management of SOEs. The identity and role of SOEs as agents of development, with business and social dimensions, demand that SOEs must be able to survive in the era of globalization amid demands from the state, society and the market. Faced with this, the government needs to separate explicitly between the actions of the state (government and the House of Representatives) and corporate actions (SOEs) so that management of SOEs can run professionally and be able to realize the objectives of the state.
{"title":"Identity and Role of State-Owned Enterprises for the People’s Welfare Based on Article 33 of the Indonesian Constitution","authors":"Widhya Mahendra Putra, R. Lestarini","doi":"10.2991/aebmr.k.200321.043","DOIUrl":"https://doi.org/10.2991/aebmr.k.200321.043","url":null,"abstract":"The nature of the establishment of SOEs in Indonesia is derived from the formulation of Article 33 of the 1945 Constitution. Article 33 of the 1945 Constitution provides direction, intent and purpose for the state to control important production branches and to control the livelihoods of many people through state-owned enterprises (SOEs). The dynamics of politics, economy, and the era of globalization pushed changes in the management of SOEs. It is important to always look back at the background of the formation and identity of the actual SOEs so that the management and control of SOEs by the state remains in the corridor of Article 33 of the 1945 Constitution. This paper discusses the background of SOE formation that was influenced by ideological, economic and historical reasons. The development of SOEs from time to time shows that the influence of economic and political policies of the authorities is more dominant in influencing the management of SOEs. The identity and role of SOEs as agents of development, with business and social dimensions, demand that SOEs must be able to survive in the era of globalization amid demands from the state, society and the market. Faced with this, the government needs to separate explicitly between the actions of the state (government and the House of Representatives) and corporate actions (SOEs) so that management of SOEs can run professionally and be able to realize the objectives of the state.","PeriodicalId":245947,"journal":{"name":"Proceedings of the 3rd International Conference on Law and Governance (ICLAVE 2019)","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128012503","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-03-27DOI: 10.2991/aebmr.k.200321.024
M. Fitria, Heru Susetyo
The State has an obligation to protect human rights, regardless of race, ethnicity, nation and religion. Human rights are part of the study of international law, because the nature and character of human rights itself is an individual defense and protection mechanism against the power of the state that is highly vulnerable to misuse, as Has often been demonstrated in the history of human beings on Earth. This was the cause of the Rohingnya refugees to feel frightened and unwilling to return to his home country, and chose to leave his country in order to get shelter in another country. However, a new problem arises, where the country that becomes the destination country or transit country does not require or reject the arrival. Refugee case study the research raised several issues, including the protection of legal and human rights for uncitizenship Transit refugees in international law and national law. The methods used in this study are normative juridical uses of primary legal materials and secondary data in the use of data. In addition, secondary data will also be supported by data from interviews with several speakers in 2 (two) cities, namely Medan and Makassar.
{"title":"Protection of Legal and Human Rights for Uncitizenship Transit Refugees Under International Law and National Law (Rohingnya Refugee Case Study)","authors":"M. Fitria, Heru Susetyo","doi":"10.2991/aebmr.k.200321.024","DOIUrl":"https://doi.org/10.2991/aebmr.k.200321.024","url":null,"abstract":"The State has an obligation to protect human rights, regardless of race, ethnicity, nation and religion. Human rights are part of the study of international law, because the nature and character of human rights itself is an individual defense and protection mechanism against the power of the state that is highly vulnerable to misuse, as Has often been demonstrated in the history of human beings on Earth. This was the cause of the Rohingnya refugees to feel frightened and unwilling to return to his home country, and chose to leave his country in order to get shelter in another country. However, a new problem arises, where the country that becomes the destination country or transit country does not require or reject the arrival. Refugee case study the research raised several issues, including the protection of legal and human rights for uncitizenship Transit refugees in international law and national law. The methods used in this study are normative juridical uses of primary legal materials and secondary data in the use of data. In addition, secondary data will also be supported by data from interviews with several speakers in 2 (two) cities, namely Medan and Makassar.","PeriodicalId":245947,"journal":{"name":"Proceedings of the 3rd International Conference on Law and Governance (ICLAVE 2019)","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126840310","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-03-27DOI: 10.2991/aebmr.k.200321.037
J. Saibih
The term of narratives methods for some legal scholar is quite unfamiliar, even though for some legal practitioner this method is widely used in producing any legal documents or legal practice product. This article is trying to familiarize the narratives methods and analysis among legal scholar and also the importance of using narrative methods and analysis for settlement of past severe violations of human rights in Indonesia. Using the only past severe violation of human rights case in Indonesia, Tanjung Priok Case is the only case that happened in New Era Government or the era of government under (late) President Soeharto, this case was acknowledged as severe violation of human rights and has impacted to established the Ad-Hoc Human Rights Court for Tanjung Priok 1984. This article is trying to present how important using personal story and experiences in settling the case, gathering the information from the victims and also using the narration of observation report as a part of truth seeking in addition to make an analysis to produce the policy in the settlement of past severe violation of human rights.
{"title":"Using Narrative Theory on Analysis of Law and Human Rights: Searching Truth on Tanjung Priok’s Incident in Indonesia","authors":"J. Saibih","doi":"10.2991/aebmr.k.200321.037","DOIUrl":"https://doi.org/10.2991/aebmr.k.200321.037","url":null,"abstract":"The term of narratives methods for some legal scholar is quite unfamiliar, even though for some legal practitioner this method is widely used in producing any legal documents or legal practice product. This article is trying to familiarize the narratives methods and analysis among legal scholar and also the importance of using narrative methods and analysis for settlement of past severe violations of human rights in Indonesia. Using the only past severe violation of human rights case in Indonesia, Tanjung Priok Case is the only case that happened in New Era Government or the era of government under (late) President Soeharto, this case was acknowledged as severe violation of human rights and has impacted to established the Ad-Hoc Human Rights Court for Tanjung Priok 1984. This article is trying to present how important using personal story and experiences in settling the case, gathering the information from the victims and also using the narration of observation report as a part of truth seeking in addition to make an analysis to produce the policy in the settlement of past severe violation of human rights.","PeriodicalId":245947,"journal":{"name":"Proceedings of the 3rd International Conference on Law and Governance (ICLAVE 2019)","volume":"31 5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125702992","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-03-27DOI: 10.2991/aebmr.k.200321.009
Ari Wuisang, Anna Erliyana
State Administration Decision is the main legal instrument in the administration field, especially to regulate concrete events in society. After the enactment of Law Number 30 Year 2014 concerning Government Administration, the concept of State Administration Decision run into an expansion of meaning. This expansion has led to a shift towards the previously held principles and has resulted in the widening of the jurisdiction of the Administrative Court in resolving administrative disputes. Unfortunately, the expansion of the meaning of State Administration Decision is not supported by a clear explanation so that it can cause confusion in law and judicial practices. A clear norm explanation is needed on the new concept characteristics of the State Administrative Decision, both through implementing regulations on the Government Administration Law or through revisions to the Government Administration Law with reference to the theory and principles of state administrative law.
{"title":"The Development Concept of State Administrative Decision After the Enactment of Law Number 30 Year 2014 Concerning Government Administration","authors":"Ari Wuisang, Anna Erliyana","doi":"10.2991/aebmr.k.200321.009","DOIUrl":"https://doi.org/10.2991/aebmr.k.200321.009","url":null,"abstract":"State Administration Decision is the main legal instrument in the administration field, especially to regulate concrete events in society. After the enactment of Law Number 30 Year 2014 concerning Government Administration, the concept of State Administration Decision run into an expansion of meaning. This expansion has led to a shift towards the previously held principles and has resulted in the widening of the jurisdiction of the Administrative Court in resolving administrative disputes. Unfortunately, the expansion of the meaning of State Administration Decision is not supported by a clear explanation so that it can cause confusion in law and judicial practices. A clear norm explanation is needed on the new concept characteristics of the State Administrative Decision, both through implementing regulations on the Government Administration Law or through revisions to the Government Administration Law with reference to the theory and principles of state administrative law.","PeriodicalId":245947,"journal":{"name":"Proceedings of the 3rd International Conference on Law and Governance (ICLAVE 2019)","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128987579","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-03-27DOI: 10.2991/aebmr.k.200321.020
Russel Butarbutar
The issue of privacy and personal data protection has often made headlines in recent years, especially in the context of social networking, consumer profiles by online advertising companies, and cloud computing. In Indonesia through the EIT Law and MoCI Regulation 20 have not been comprehensively able to answer the challenges of protecting personal data. While other countries such as Singapore and Malaysia have arranged it with the help of the Authority established to resolve national and international issues related to the protection of personal data. In this study, it was found that data protection challenges include the unclear principle of data protection in Indonesia, the terminology of personal data, sensitive personal data, and the responsibility of service providers and data users. For this reason, Indonesia requires personal data protection laws which regulate: (1) All principles and terminology relating to data protection, sensitive data, cross-border flow of personal data, crimes against personal data, big data, cloud computing, and data related to artificial intelligence. (2) All violations must be threatened with fines and criminal threats that show seriousness in preventing violations of the law against a person's personal data. (3) Establishment of a Primary Authority that handles the protection of personal data and will represent the Government of Indonesia internationally on issues related to data protection.
{"title":"Initiating New Regulations on Personal Data Protection: Challenges for Personal Data Protection in Indonesia","authors":"Russel Butarbutar","doi":"10.2991/aebmr.k.200321.020","DOIUrl":"https://doi.org/10.2991/aebmr.k.200321.020","url":null,"abstract":"The issue of privacy and personal data protection has often made headlines in recent years, especially in the context of social networking, consumer profiles by online advertising companies, and cloud computing. In Indonesia through the EIT Law and MoCI Regulation 20 have not been comprehensively able to answer the challenges of protecting personal data. While other countries such as Singapore and Malaysia have arranged it with the help of the Authority established to resolve national and international issues related to the protection of personal data. In this study, it was found that data protection challenges include the unclear principle of data protection in Indonesia, the terminology of personal data, sensitive personal data, and the responsibility of service providers and data users. For this reason, Indonesia requires personal data protection laws which regulate: (1) All principles and terminology relating to data protection, sensitive data, cross-border flow of personal data, crimes against personal data, big data, cloud computing, and data related to artificial intelligence. (2) All violations must be threatened with fines and criminal threats that show seriousness in preventing violations of the law against a person's personal data. (3) Establishment of a Primary Authority that handles the protection of personal data and will represent the Government of Indonesia internationally on issues related to data protection.","PeriodicalId":245947,"journal":{"name":"Proceedings of the 3rd International Conference on Law and Governance (ICLAVE 2019)","volume":"156 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116616993","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-03-27DOI: 10.2991/aebmr.k.200321.028
Salma Prihandani, H. Marlyna
Businesses have resorted to social media promotions, especially those endorsed or promoted by celebrities or influencers to gain more exposure for their product or service. It is common to find social media promotions in Indonesia, where the popular terms are “influencer”, “endorsement”, and “paid promote”. Despite the large number of social media endorsements, there seems to be no specialized guideline for both the influencers and business actors to look up to in creating their content in Indonesia yet. Many of these promotions even intentionally not disclose the influencer’s status as a paid endorser, leading the audience to believe that the content is indeed their personal recommendation. When this type of promotion doesn’t disclose the influencer’s stance as an endorser, both the business and the influencer may not notice that they have indeed violated the consumer’s rights. Having the right to be informed about the honest potency of a product is one of the essential rights that lays within every consumer. With the false impression projected to the audience, this is detrimental to the audience. Due to the fact that celebrity branding plays a significant role in determining a buyer’s purchasing intention.
{"title":"Effect of Non-Disclosing Endorser Status in Social Media Marketing Content Toward Consumer Buying Behavior","authors":"Salma Prihandani, H. Marlyna","doi":"10.2991/aebmr.k.200321.028","DOIUrl":"https://doi.org/10.2991/aebmr.k.200321.028","url":null,"abstract":"Businesses have resorted to social media promotions, especially those endorsed or promoted by celebrities or influencers to gain more exposure for their product or service. It is common to find social media promotions in Indonesia, where the popular terms are “influencer”, “endorsement”, and “paid promote”. Despite the large number of social media endorsements, there seems to be no specialized guideline for both the influencers and business actors to look up to in creating their content in Indonesia yet. Many of these promotions even intentionally not disclose the influencer’s status as a paid endorser, leading the audience to believe that the content is indeed their personal recommendation. When this type of promotion doesn’t disclose the influencer’s stance as an endorser, both the business and the influencer may not notice that they have indeed violated the consumer’s rights. Having the right to be informed about the honest potency of a product is one of the essential rights that lays within every consumer. With the false impression projected to the audience, this is detrimental to the audience. Due to the fact that celebrity branding plays a significant role in determining a buyer’s purchasing intention.","PeriodicalId":245947,"journal":{"name":"Proceedings of the 3rd International Conference on Law and Governance (ICLAVE 2019)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130300416","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-03-27DOI: 10.2991/aebmr.k.200321.007
Lily Evelina Sitorus, Anna Erliyana
The trademark of the Pentakosta is registered in class 45 which is a class of religious organization services. In accordance with Law No. 20 of 2016 concerning Trademarks and Geographical Indications, as a registered trademark, Pentakosta has legal protection in its use. However, Pentakosta trademark is problematic. The first problem arises when church management changes. The new management wants to delete the registered trademark. Removal of registered marks as mandated by Law No. 20 of 2016 can be carried out according to applicable regulations. In practice, the removal of Pentakosta trademark was also problematic. One of the policies carried out by the Directorate of Trademark and Geographical Indication to overcome the problem was to revive the deleted trademark. This research emphasizes the discussion on the authority of the Directorate General of Intellectual Property which ultimately freezes the trademark of the Pentakosta. The study was conducted by analyzing the decisions of the State Administrative Court that tried this case. The results of the study found that the authority of the Directorate General of Intellectual Property to abolish the Pentakosta trademark still depends on the interpretation of judges.
{"title":"Authority of Government Discretion of the Pentakosta Trademark","authors":"Lily Evelina Sitorus, Anna Erliyana","doi":"10.2991/aebmr.k.200321.007","DOIUrl":"https://doi.org/10.2991/aebmr.k.200321.007","url":null,"abstract":"The trademark of the Pentakosta is registered in class 45 which is a class of religious organization services. In accordance with Law No. 20 of 2016 concerning Trademarks and Geographical Indications, as a registered trademark, Pentakosta has legal protection in its use. However, Pentakosta trademark is problematic. The first problem arises when church management changes. The new management wants to delete the registered trademark. Removal of registered marks as mandated by Law No. 20 of 2016 can be carried out according to applicable regulations. In practice, the removal of Pentakosta trademark was also problematic. One of the policies carried out by the Directorate of Trademark and Geographical Indication to overcome the problem was to revive the deleted trademark. This research emphasizes the discussion on the authority of the Directorate General of Intellectual Property which ultimately freezes the trademark of the Pentakosta. The study was conducted by analyzing the decisions of the State Administrative Court that tried this case. The results of the study found that the authority of the Directorate General of Intellectual Property to abolish the Pentakosta trademark still depends on the interpretation of judges.","PeriodicalId":245947,"journal":{"name":"Proceedings of the 3rd International Conference on Law and Governance (ICLAVE 2019)","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126536841","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-03-27DOI: 10.2991/aebmr.k.200321.006
Rakhma Putri Sholihah, A. Afriansyah
A study provides data on domestic regulations of several countries in the world about crypto currency. These countries include Japan, The United States, Australia, China, India, including one of them Indonesia. Domestic regulations vary according to the respective government policies. However, policies relating to trade can be categorized into 2 types, namely crypto as a means of payment and crypto as a commodity. The World Trade Organization (WTO) as the world's largest trade organization has not responded to this crypto currency phenomenon. However, crypto is now one of the most popular investment vehicles in most countries in the world.
{"title":"Regulation of Crypto Currency in World Trade Organization","authors":"Rakhma Putri Sholihah, A. Afriansyah","doi":"10.2991/aebmr.k.200321.006","DOIUrl":"https://doi.org/10.2991/aebmr.k.200321.006","url":null,"abstract":"A study provides data on domestic regulations of several countries in the world about crypto currency. These countries include Japan, The United States, Australia, China, India, including one of them Indonesia. Domestic regulations vary according to the respective government policies. However, policies relating to trade can be categorized into 2 types, namely crypto as a means of payment and crypto as a commodity. The World Trade Organization (WTO) as the world's largest trade organization has not responded to this crypto currency phenomenon. However, crypto is now one of the most popular investment vehicles in most countries in the world.","PeriodicalId":245947,"journal":{"name":"Proceedings of the 3rd International Conference on Law and Governance (ICLAVE 2019)","volume":"162 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123166847","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-03-27DOI: 10.2991/aebmr.k.200321.039
N. Kholis, Roichatul Aswidah, I. Prihandono
Mining activities has long been associated with human rights violations. The extraction of minerals can cause a number or negative impact to local communities and the environment. At the same time, mining operation is very capital intensive industry. The need of capital in mining industry has been opening the opportunity for a responsible investment. The United Nations Guiding Principles on Business and Human Rights emphasizes that Investors has responsibility to identify and address human rights risks and impacts in their investment portfolios, and should use their power to influence investee companies to respect human rights. Indonesia is one of the world’s largest producers of mineral mining. Mining operations in Indonesia–like many other global mining operations–have been under public scrutiny for its impact to the environment and livelihood of local and indigenous communities. This article seeks to analyse to what extent a good performance of environment, social and governance (ESG) and respect for human rights by a mining company may affect its financial performance. Further, this article seeks to discuss whether a good performance of ESG and respect for human rights by a mining company may attract responsible investors. PT Timah Tbk. is used as the case study because of its important position in Indonesian mineral mining sector, and data availability as a public listed company. This article finds that there is a strong indication of positive relation between a good ESG and respect to human rights performance, and the financial performance of PT Timah Tbk. A good observance of ESG and human rights attracts UNPRI Signatories in investing their funds in PT Timah Tbk. shares.
{"title":"Responsible Investment in Indonesia Mineral Mining Sector","authors":"N. Kholis, Roichatul Aswidah, I. Prihandono","doi":"10.2991/aebmr.k.200321.039","DOIUrl":"https://doi.org/10.2991/aebmr.k.200321.039","url":null,"abstract":"Mining activities has long been associated with human rights violations. The extraction of minerals can cause a number or negative impact to local communities and the environment. At the same time, mining operation is very capital intensive industry. The need of capital in mining industry has been opening the opportunity for a responsible investment. The United Nations Guiding Principles on Business and Human Rights emphasizes that Investors has responsibility to identify and address human rights risks and impacts in their investment portfolios, and should use their power to influence investee companies to respect human rights. Indonesia is one of the world’s largest producers of mineral mining. Mining operations in Indonesia–like many other global mining operations–have been under public scrutiny for its impact to the environment and livelihood of local and indigenous communities. This article seeks to analyse to what extent a good performance of environment, social and governance (ESG) and respect for human rights by a mining company may affect its financial performance. Further, this article seeks to discuss whether a good performance of ESG and respect for human rights by a mining company may attract responsible investors. PT Timah Tbk. is used as the case study because of its important position in Indonesian mineral mining sector, and data availability as a public listed company. This article finds that there is a strong indication of positive relation between a good ESG and respect to human rights performance, and the financial performance of PT Timah Tbk. A good observance of ESG and human rights attracts UNPRI Signatories in investing their funds in PT Timah Tbk. shares.","PeriodicalId":245947,"journal":{"name":"Proceedings of the 3rd International Conference on Law and Governance (ICLAVE 2019)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130330610","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-03-27DOI: 10.2991/aebmr.k.200321.015
Reno Maratur Munthe, R. Dewi
The constitution guarantees political rights of citizens as outlined in several laws and regulations, particularly Law Number 39 Year 1999 concerning Human Rights, even international world by the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR). The consideration of revoking political rights of former corruption convicted prisoners as an additional punishment is indicated to be reasonable because it is not categorized violations against human rights, so it is categorized as derogable right as referred to in Article 28J Paragraph (2) of the 1945 Constitution. However, towards the former corruption prisoners who do not receive additional punishment with the revocation of political rights but their political rights remain revoked by the laws and regulations, that is what would be feared to violate the human rights. Heading for the 2020 regional head general election, the restrictions on ex-convicts of corruption reappeared, considering that in 2018 the The General Elections Commission (KPU) had issued The General Elections Commission Regulation (PKPU) on this matter and held the discourse to implement it again in the regional head general election of 2020. The normative empirical research type, with normative juridical writing methods used by reviewing the relevant laws and regulations to the legal issue under review and conducting interviews directly with informants as supporting data. It will be examined in detail how the political rights of former corruption convicted prisoners are regulated protected and implemented as well as their correlation according to the Human Rights perspective.
{"title":"The Political Rights of Former Corruption Convicted Prisoners to Run in 2019 Legislative Election and 2020 Regional Head General Election: An Overview of Human Rights Perspective","authors":"Reno Maratur Munthe, R. Dewi","doi":"10.2991/aebmr.k.200321.015","DOIUrl":"https://doi.org/10.2991/aebmr.k.200321.015","url":null,"abstract":"The constitution guarantees political rights of citizens as outlined in several laws and regulations, particularly Law Number 39 Year 1999 concerning Human Rights, even international world by the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR). The consideration of revoking political rights of former corruption convicted prisoners as an additional punishment is indicated to be reasonable because it is not categorized violations against human rights, so it is categorized as derogable right as referred to in Article 28J Paragraph (2) of the 1945 Constitution. However, towards the former corruption prisoners who do not receive additional punishment with the revocation of political rights but their political rights remain revoked by the laws and regulations, that is what would be feared to violate the human rights. Heading for the 2020 regional head general election, the restrictions on ex-convicts of corruption reappeared, considering that in 2018 the The General Elections Commission (KPU) had issued The General Elections Commission Regulation (PKPU) on this matter and held the discourse to implement it again in the regional head general election of 2020. The normative empirical research type, with normative juridical writing methods used by reviewing the relevant laws and regulations to the legal issue under review and conducting interviews directly with informants as supporting data. It will be examined in detail how the political rights of former corruption convicted prisoners are regulated protected and implemented as well as their correlation according to the Human Rights perspective.","PeriodicalId":245947,"journal":{"name":"Proceedings of the 3rd International Conference on Law and Governance (ICLAVE 2019)","volume":"127 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133164239","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：