Pub Date : 2020-03-13DOI: 10.2991/assehr.k.200306.206
Stella, B. Ginting, Saidin, T. D. Azwar
In the industrial revolution 4.0 era, the use of e-commerce in trading of goods and services has increased. It is because of the internet users in Indonesia has increased and reached 82.000.000 users in 2019. The use of ecommerce has helped the community to buy their daily needs. So, the government needs to strengthen the rules in trading. This study employed a prescriptive normative method. The data analyzed were the applicable legal rules and practices in buying and selling of goods and services through e-commerce platform. This study showed that there were sellers in an online platform who did not deliver the products or services as promised, and sellers who did not confirm that payments have been made. The results indicate that the misconduct behavior in e-commerce does not only adversely affect consumer confidence but also cause problems in the economic development of the society. Therefore, it is recommended that the application of e-commerce must be implemented in a green marketing concept, so that the marketing is carried out legally between the
{"title":"Responsibilities of the Application Provider in the Sales of Goods and Services Through E-Commerce","authors":"Stella, B. Ginting, Saidin, T. D. Azwar","doi":"10.2991/assehr.k.200306.206","DOIUrl":"https://doi.org/10.2991/assehr.k.200306.206","url":null,"abstract":"In the industrial revolution 4.0 era, the use of e-commerce in trading of goods and services has increased. It is because of the internet users in Indonesia has increased and reached 82.000.000 users in 2019. The use of ecommerce has helped the community to buy their daily needs. So, the government needs to strengthen the rules in trading. This study employed a prescriptive normative method. The data analyzed were the applicable legal rules and practices in buying and selling of goods and services through e-commerce platform. This study showed that there were sellers in an online platform who did not deliver the products or services as promised, and sellers who did not confirm that payments have been made. The results indicate that the misconduct behavior in e-commerce does not only adversely affect consumer confidence but also cause problems in the economic development of the society. Therefore, it is recommended that the application of e-commerce must be implemented in a green marketing concept, so that the marketing is carried out legally between the","PeriodicalId":276491,"journal":{"name":"Proceedings of the International Conference on Law, Governance and Islamic Society (ICOLGIS 2019)","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125870476","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 : 2020-03-13DOI: 10.2991/assehr.k.200306.192
Muhammad Ahyat, Badaruddin, Humaizi, Heri Kusmanto
Aceh is one of the well-known province of the Aceh Kingdom, one of the great Islamic Kingdom in the world. Islam creates all cultures in Aceh, including the government system. Mukim is unique, only found in the Aceh government structure, influenced by Islam. This study addressed this research problem: To what extent mukim play his roles in Aceh development. The method employed was social research supported by library research. The result showed that the first function of Mukim was a leader of Friday praying. Because of the charismatic profile and his ability to stand and mediate between Sultan and people, the position of Mukim was very strategic in the development of Aceh. Unfortunately, after the Independence of Indonesia, role and function of Mukim had reduced. Even in new order era, there was not any Mukim left due to the centralistic system. Later, in the reformation era, Mukim reappears in the government. Regulation number 6 of the Year 2014 about Village was established after the government has seriously considered how to increase the development with Acehnese culture. To sum up, Mukim today reclaims his position, but the function is different from the time in the period of Aceh Kingdom. Government must strive to reformulate the function of Mukim as he used to.
{"title":"The Role of Mukim in Aceh Development","authors":"Muhammad Ahyat, Badaruddin, Humaizi, Heri Kusmanto","doi":"10.2991/assehr.k.200306.192","DOIUrl":"https://doi.org/10.2991/assehr.k.200306.192","url":null,"abstract":"Aceh is one of the well-known province of the Aceh Kingdom, one of the great Islamic Kingdom in the world. Islam creates all cultures in Aceh, including the government system. Mukim is unique, only found in the Aceh government structure, influenced by Islam. This study addressed this research problem: To what extent mukim play his roles in Aceh development. The method employed was social research supported by library research. The result showed that the first function of Mukim was a leader of Friday praying. Because of the charismatic profile and his ability to stand and mediate between Sultan and people, the position of Mukim was very strategic in the development of Aceh. Unfortunately, after the Independence of Indonesia, role and function of Mukim had reduced. Even in new order era, there was not any Mukim left due to the centralistic system. Later, in the reformation era, Mukim reappears in the government. Regulation number 6 of the Year 2014 about Village was established after the government has seriously considered how to increase the development with Acehnese culture. To sum up, Mukim today reclaims his position, but the function is different from the time in the period of Aceh Kingdom. Government must strive to reformulate the function of Mukim as he used to.","PeriodicalId":276491,"journal":{"name":"Proceedings of the International Conference on Law, Governance and Islamic Society (ICOLGIS 2019)","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114297229","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 : 2020-03-13DOI: 10.2991/assehr.k.200306.217
Muhammad Zaki Armiya, Saidin, Azhar Yahya, T. A. Yani
An agreement should meet requirements regulated in Article 1320 of the Civil Code, and agreement for Sharia Pawnshop is without exception. The province of Aceh is the strongest base for Sharia pawnshop. There are two factors considered essential regarding the Sharia Pawnshop in Banda Aceh, i.e. the type of agreement between debtors and the shop and the settlement of default dispute. To examine those two factors, the author conducted an empirical study with a descriptive-analytical approach. The research results showed that the contract between the Pawnshop and the debtors was stated in the form, agreed upon and filled in by both parties. Debtors commit a breach of contract because of several factors, i.e. high price estimate, decrease in the gold price, communication problem, and financial factor. The settlement for the default case was conducted by calling, texting, and sending debtors notice. When the case could not be settled, the collaterals were placed in an auction after notifying the debtors who breached the contract.
{"title":"Type of Agreement and Default Case Settlement for Debtors of Sharia Pawnshop in Banda Aceh, Indonesia","authors":"Muhammad Zaki Armiya, Saidin, Azhar Yahya, T. A. Yani","doi":"10.2991/assehr.k.200306.217","DOIUrl":"https://doi.org/10.2991/assehr.k.200306.217","url":null,"abstract":"An agreement should meet requirements regulated in Article 1320 of the Civil Code, and agreement for Sharia Pawnshop is without exception. The province of Aceh is the strongest base for Sharia pawnshop. There are two factors considered essential regarding the Sharia Pawnshop in Banda Aceh, i.e. the type of agreement between debtors and the shop and the settlement of default dispute. To examine those two factors, the author conducted an empirical study with a descriptive-analytical approach. The research results showed that the contract between the Pawnshop and the debtors was stated in the form, agreed upon and filled in by both parties. Debtors commit a breach of contract because of several factors, i.e. high price estimate, decrease in the gold price, communication problem, and financial factor. The settlement for the default case was conducted by calling, texting, and sending debtors notice. When the case could not be settled, the collaterals were placed in an auction after notifying the debtors who breached the contract.","PeriodicalId":276491,"journal":{"name":"Proceedings of the International Conference on Law, Governance and Islamic Society (ICOLGIS 2019)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128027558","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 : 2020-03-13DOI: 10.2991/assehr.k.200306.178
Arif, Sutiarnoto
Law No. 10 of 2009 concerning Tourism mandates that tourism development must be carried out based on the tourism development master plan, which within the district area is the Regency Tourism Development Master Plan. In the perspective of human resource development, tourism has the potential to be used as an instrument in improving the quality of the community life, especially residents around he ttourism destinations. Tapanuli Selatan, is one of the districts in North Sumatra Province, that has the potential of tourism destinations and attractions, in the form of natural, cultural and artificial attraction. It has developed the Regency Tourism Development Master Plan of their own. This study aims to determine the utilization and empowerment of tourism destinations in Tapanuli Selatan, as an effort to improve the socio-economic life, and the process of developing the Regional Tourism Development Master Plan, including the development of tourism destinations, industry, marketing and institutions.
{"title":"Implementation of Law Number 10 of 2009 Concerning Tourism: Regional Tourism Development Plan (Case Study of Tapanuli Selatan)","authors":"Arif, Sutiarnoto","doi":"10.2991/assehr.k.200306.178","DOIUrl":"https://doi.org/10.2991/assehr.k.200306.178","url":null,"abstract":"Law No. 10 of 2009 concerning Tourism mandates that tourism development must be carried out based on the tourism development master plan, which within the district area is the Regency Tourism Development Master Plan. In the perspective of human resource development, tourism has the potential to be used as an instrument in improving the quality of the community life, especially residents around he ttourism destinations. Tapanuli Selatan, is one of the districts in North Sumatra Province, that has the potential of tourism destinations and attractions, in the form of natural, cultural and artificial attraction. It has developed the Regency Tourism Development Master Plan of their own. This study aims to determine the utilization and empowerment of tourism destinations in Tapanuli Selatan, as an effort to improve the socio-economic life, and the process of developing the Regional Tourism Development Master Plan, including the development of tourism destinations, industry, marketing and institutions.","PeriodicalId":276491,"journal":{"name":"Proceedings of the International Conference on Law, Governance and Islamic Society (ICOLGIS 2019)","volume":"36 1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128608008","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 : 2020-03-13DOI: 10.2991/assehr.k.200306.202
Rharve, S. Kalo, Ediwarman, A. Syahrin
A child is a nation’s next generation who has her/his own right. As good citizens, we have to take care of our children. This globalization era where information and technology are transparent, children will easily watch adult show in printed and electronic media and their minds are contaminated by adult materials, such as violence and amoral. This condition has lead children to be involved in legal problems. The research problem was how the implementation of diversion process in the level of prosecutors toward a child who was in conflict with the law at the attorney’s office. This research aimed to examine the implementation of law enforcement toward a child who was in conflict with law in the attorney’s office. The research applied normative judicial method. The results of the research showed that the imposition of Law No. 11/2012 on the Process of Diversion in Children who did criminal acts would protect children in the process of criminal cases and support general prosecutors to prioritize the process of diversion rather than the hearing process in the courts.
{"title":"Implementation of Diversion in General Prosecutor Levels on Children as Criminal Offenders According to Law No. 11 of 2012 on Juvenile Justice System","authors":"Rharve, S. Kalo, Ediwarman, A. Syahrin","doi":"10.2991/assehr.k.200306.202","DOIUrl":"https://doi.org/10.2991/assehr.k.200306.202","url":null,"abstract":"A child is a nation’s next generation who has her/his own right. As good citizens, we have to take care of our children. This globalization era where information and technology are transparent, children will easily watch adult show in printed and electronic media and their minds are contaminated by adult materials, such as violence and amoral. This condition has lead children to be involved in legal problems. The research problem was how the implementation of diversion process in the level of prosecutors toward a child who was in conflict with the law at the attorney’s office. This research aimed to examine the implementation of law enforcement toward a child who was in conflict with law in the attorney’s office. The research applied normative judicial method. The results of the research showed that the imposition of Law No. 11/2012 on the Process of Diversion in Children who did criminal acts would protect children in the process of criminal cases and support general prosecutors to prioritize the process of diversion rather than the hearing process in the courts.","PeriodicalId":276491,"journal":{"name":"Proceedings of the International Conference on Law, Governance and Islamic Society (ICOLGIS 2019)","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126139558","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 : 2020-03-13DOI: 10.2991/assehr.k.200306.204
Sanusi Bintang, Mujibussalim, T. Haflisyah
This study aimed to explain the different degree of needs for specific rules and application of choice of law, choice of forum, and choice of language in international investment contracts, as specific types of international contracts. The method used in this study is doctrinal legal research by studying primary, secondary, and tertiary legal authorities. The result of the study shows that international investment contracts need the mandatory rule of the choice of house country law and language. Whereas, regarding choice of the forum, the need for such a mandatory rule is lessening. In practice, however, the specific rules and needs have not been yet fully applied in clauses of international contracts of Aceh, Indonesia. This study implied that in the future, legislator and drafters of international investment contracts need to be more aware of this importance of the specific rules and application of the choice of law, choice of forum, and choice of language.
{"title":"Choice of Law, Forum, and Language in International Investment Contracts of Aceh, Indonesia","authors":"Sanusi Bintang, Mujibussalim, T. Haflisyah","doi":"10.2991/assehr.k.200306.204","DOIUrl":"https://doi.org/10.2991/assehr.k.200306.204","url":null,"abstract":"This study aimed to explain the different degree of needs for specific rules and application of choice of law, choice of forum, and choice of language in international investment contracts, as specific types of international contracts. The method used in this study is doctrinal legal research by studying primary, secondary, and tertiary legal authorities. The result of the study shows that international investment contracts need the mandatory rule of the choice of house country law and language. Whereas, regarding choice of the forum, the need for such a mandatory rule is lessening. In practice, however, the specific rules and needs have not been yet fully applied in clauses of international contracts of Aceh, Indonesia. This study implied that in the future, legislator and drafters of international investment contracts need to be more aware of this importance of the specific rules and application of the choice of law, choice of forum, and choice of language.","PeriodicalId":276491,"journal":{"name":"Proceedings of the International Conference on Law, Governance and Islamic Society (ICOLGIS 2019)","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121112997","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 : 2020-03-13DOI: 10.2991/assehr.k.200306.219
Zulkarnaini, Azhar Yahya, Sabri Abd. Majid, M. Din
This study aimed to examine how the function and position of the Regional Head as an Official of Civil Servant Apparatus guarantees justice in the development of the Career of Regional Civil Servants and how the Concept of Career Development of Regional Civil Servants in Good Local Government Governance. The method of approach used was the socio-legal approach (socio-legal study), a study that reviews the law as a social fact that can be observed and lives in society as a behavioral value in realizing social institutions or social institutions, legal studies of theorizing and define law as a positive and empirical social fact. The results of the study showed that to realize good management of regional civil servants, the head of the regional government must exercise his authority as an Official Guiding Regional civil servant and create concepts of career development, promotion, placement in accordance with the expertise, and education and training for civil servants to guarantee the rights and obligations, a sense of justice, maintain neutrality as a servant of the state, improve the quality of professionalism, performance, competence of local civil servants to realize excellent public service. Local governments must have an ideal plan, such as a staffing master plan. In terms of promotion of the position assigned to civil servants, they must undergo a series of competency tests, such as the Assement Test, Psychotest, fit and proper test. In terms of developing career patterns, a civil servant must be considered for the his working experience up to the working achievements he has achieved through the assessments conducted by superiors, rewarding and punishment, by showing good performance in terms of improving the quality of human resources to support the development acceleration in the area by awarding the employees who perform best, and for those who do not show work performance, punishment must be given.
{"title":"Career Development of Civil Servants in the Autonomy Era in Indonesia","authors":"Zulkarnaini, Azhar Yahya, Sabri Abd. Majid, M. Din","doi":"10.2991/assehr.k.200306.219","DOIUrl":"https://doi.org/10.2991/assehr.k.200306.219","url":null,"abstract":"This study aimed to examine how the function and position of the Regional Head as an Official of Civil Servant Apparatus guarantees justice in the development of the Career of Regional Civil Servants and how the Concept of Career Development of Regional Civil Servants in Good Local Government Governance. The method of approach used was the socio-legal approach (socio-legal study), a study that reviews the law as a social fact that can be observed and lives in society as a behavioral value in realizing social institutions or social institutions, legal studies of theorizing and define law as a positive and empirical social fact. The results of the study showed that to realize good management of regional civil servants, the head of the regional government must exercise his authority as an Official Guiding Regional civil servant and create concepts of career development, promotion, placement in accordance with the expertise, and education and training for civil servants to guarantee the rights and obligations, a sense of justice, maintain neutrality as a servant of the state, improve the quality of professionalism, performance, competence of local civil servants to realize excellent public service. Local governments must have an ideal plan, such as a staffing master plan. In terms of promotion of the position assigned to civil servants, they must undergo a series of competency tests, such as the Assement Test, Psychotest, fit and proper test. In terms of developing career patterns, a civil servant must be considered for the his working experience up to the working achievements he has achieved through the assessments conducted by superiors, rewarding and punishment, by showing good performance in terms of improving the quality of human resources to support the development acceleration in the area by awarding the employees who perform best, and for those who do not show work performance, punishment must be given.","PeriodicalId":276491,"journal":{"name":"Proceedings of the International Conference on Law, Governance and Islamic Society (ICOLGIS 2019)","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128229463","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 : 2020-03-13DOI: 10.2991/assehr.k.200306.214
Yenni Kosmanto, B. Ginting, Runtung, Suhaidi
Foreign Investment plays an essential role in both developed and developing countries. The flow of Foreign Investment to developing countries has experienced significant developments in the last 15 years, including Indonesia. Indonesia establishes details of business fields that are open to foreign capital in the order of priority and determines the conditions that must be fulfilled by Foreign Investors in every business. Therefore, the main problems to be examined in this study are: how is the procedure for establishing a Foreign Investment Company within the framework of the ASEAN Economic Community (AEC)?, why is there a need for legal certainty in the foreign investment activities of the tourism sector within the framework of the ASEAN Economic Community?, then what is the process of resolving the Foreign Investment disputes in the tourism sector in North Sumatra in facing the ASEAN Economic Community? The research method used in this dissertation research is normative legal research (normative juridical) with the consideration that the focus of research is to study primary,secondary, and tertiary legal materials related to legal certainty issues for investors who invest their capitals in Indonesia. The normative legal characteristics in this study are also seen from the research objectives which are basically to generate concepts, principles, doctrines that underlie the laws and regulations governing legal certainty for investors who invest their capital in Indonesia. The characteristics will be then developed to obtain clues,inputs, or suggestions on things that must be done to overcome problems of unavailability of investors to invest in Indonesia. The normative research output is expected to contribute to the improvement of existing laws and regulations, especially those relate to the provisions of the ASEAN Economic Community. The results of the dissertation study prove that: firstly, the provisions on Foreign Investment in the tourism sector within the framework of the ASEAN Economic Community have not referred to regional provisions in the framework of the AEC. Secondly, the Foreign Investment Activities of the tourism sector in the face of the ASEAN Economic Community has not shown any legal certainty. It is because the provisions governing foreign investment in the tourism sector in Indonesia are constantly changing, as in the case with law enforcement efforts in the judge's decision to ignore the arbitration decision for reasons of public order. Thirdly, the foreign investment dispute resolution process in the tourism sector in North Sumatra within the framework of the ASEAN Economic Community refers to the choice of law for the parties. On all occasions, the parties choose the dispute resolution process by selecting arbitration after the deliberations have not been achieved. Based on these conclusions, the recommendations are made aligned with the Law Number 25 Year 2007 concerning Investment that needs to be regulated in its artic
{"title":"Legal Certainty in Foreign Investment Activities of Tourism in North Sumatra Within the Framework of ASEAN Economic Communities","authors":"Yenni Kosmanto, B. Ginting, Runtung, Suhaidi","doi":"10.2991/assehr.k.200306.214","DOIUrl":"https://doi.org/10.2991/assehr.k.200306.214","url":null,"abstract":"Foreign Investment plays an essential role in both developed and developing countries. The flow of Foreign Investment to developing countries has experienced significant developments in the last 15 years, including Indonesia. Indonesia establishes details of business fields that are open to foreign capital in the order of priority and determines the conditions that must be fulfilled by Foreign Investors in every business. Therefore, the main problems to be examined in this study are: how is the procedure for establishing a Foreign Investment Company within the framework of the ASEAN Economic Community (AEC)?, why is there a need for legal certainty in the foreign investment activities of the tourism sector within the framework of the ASEAN Economic Community?, then what is the process of resolving the Foreign Investment disputes in the tourism sector in North Sumatra in facing the ASEAN Economic Community? The research method used in this dissertation research is normative legal research (normative juridical) with the consideration that the focus of research is to study primary,secondary, and tertiary legal materials related to legal certainty issues for investors who invest their capitals in Indonesia. The normative legal characteristics in this study are also seen from the research objectives which are basically to generate concepts, principles, doctrines that underlie the laws and regulations governing legal certainty for investors who invest their capital in Indonesia. The characteristics will be then developed to obtain clues,inputs, or suggestions on things that must be done to overcome problems of unavailability of investors to invest in Indonesia. The normative research output is expected to contribute to the improvement of existing laws and regulations, especially those relate to the provisions of the ASEAN Economic Community. The results of the dissertation study prove that: firstly, the provisions on Foreign Investment in the tourism sector within the framework of the ASEAN Economic Community have not referred to regional provisions in the framework of the AEC. Secondly, the Foreign Investment Activities of the tourism sector in the face of the ASEAN Economic Community has not shown any legal certainty. It is because the provisions governing foreign investment in the tourism sector in Indonesia are constantly changing, as in the case with law enforcement efforts in the judge's decision to ignore the arbitration decision for reasons of public order. Thirdly, the foreign investment dispute resolution process in the tourism sector in North Sumatra within the framework of the ASEAN Economic Community refers to the choice of law for the parties. On all occasions, the parties choose the dispute resolution process by selecting arbitration after the deliberations have not been achieved. Based on these conclusions, the recommendations are made aligned with the Law Number 25 Year 2007 concerning Investment that needs to be regulated in its artic","PeriodicalId":276491,"journal":{"name":"Proceedings of the International Conference on Law, Governance and Islamic Society (ICOLGIS 2019)","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129367275","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 : 2020-03-13DOI: 10.2991/assehr.k.200306.174
A. H. Nasution, B. Nasution, O. Saidin, Sunarmi
A State-Owned Enterprise (SOE) is a company business entity in which all or most of its capital is owned by the state through direct participation from the separated state assets. The research method in the present study is normative juridical supported by library data. Violation of the principle of transparency in a State-Owned Enterprise is a criminal act of corruption. These violations includegiving misleading statements that do not match the facts, submitting false statements relating to company internal data that can be misleading, as well as omission, i.e. eliminating information about actual facts. There is no other choice for State-Owned Enterprises except having to implement and comply with the principles of Good Corporate Governance (GCG). Adherence to the principles of good corporate governance must be carried out by directors and internal stakeholders to make SOEs healthy and resilient. It is expected that acts that violate the principle of transparency in SOEs must be accounted for legally.
{"title":"Transparency of Information Disclosure in the Management of State-Owned Enterprises","authors":"A. H. Nasution, B. Nasution, O. Saidin, Sunarmi","doi":"10.2991/assehr.k.200306.174","DOIUrl":"https://doi.org/10.2991/assehr.k.200306.174","url":null,"abstract":"A State-Owned Enterprise (SOE) is a company business entity in which all or most of its capital is owned by the state through direct participation from the separated state assets. The research method in the present study is normative juridical supported by library data. Violation of the principle of transparency in a State-Owned Enterprise is a criminal act of corruption. These violations includegiving misleading statements that do not match the facts, submitting false statements relating to company internal data that can be misleading, as well as omission, i.e. eliminating information about actual facts. There is no other choice for State-Owned Enterprises except having to implement and comply with the principles of Good Corporate Governance (GCG). Adherence to the principles of good corporate governance must be carried out by directors and internal stakeholders to make SOEs healthy and resilient. It is expected that acts that violate the principle of transparency in SOEs must be accounted for legally.","PeriodicalId":276491,"journal":{"name":"Proceedings of the International Conference on Law, Governance and Islamic Society (ICOLGIS 2019)","volume":"62 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133754610","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 : 1900-01-01DOI: 10.2991/assehr.k.200306.194
M. I. Asnawi, B. Nasution, N. Sirait, Sunarmi
Referring to Article 33 of the 1945, government Constitution establish and control production sectors affecting sustainable livelihoods of most people. As legal state, government consider enforcing Law number 19 of the Year 2003 about SOEs, due to the inferior role of SOEs. The article addressed the research problem concerning the role of law in repositioning government in the SOEs management. The method applied was normative juridical with library research. The result showed that SOEs were treated differently from other private business because of their status as state enterprises. The society expectation to gain benefits from the SOE still cannot be optimally fulfilled. Issues concerning the bureaucracy and centralism, politic, and various potential deviations are parts of the non-optimal role of SOEs as business entities. The presence of the government as an authority with the power to issue regulations must be able to improve the performance of SOEs to be more effective and efficient to prosper the people. In conclusion, the presence of the government in the management of SOEs has not yet improved the performance of these state companies in achieving their founding goals. It is necessary to reformulate the position and controlling of the government in managing the SOEs as mandated in the constitution.
{"title":"The Presence of Government in Managing SOEs: A Criticism from the Perspective of Law","authors":"M. I. Asnawi, B. Nasution, N. Sirait, Sunarmi","doi":"10.2991/assehr.k.200306.194","DOIUrl":"https://doi.org/10.2991/assehr.k.200306.194","url":null,"abstract":"Referring to Article 33 of the 1945, government Constitution establish and control production sectors affecting sustainable livelihoods of most people. As legal state, government consider enforcing Law number 19 of the Year 2003 about SOEs, due to the inferior role of SOEs. The article addressed the research problem concerning the role of law in repositioning government in the SOEs management. The method applied was normative juridical with library research. The result showed that SOEs were treated differently from other private business because of their status as state enterprises. The society expectation to gain benefits from the SOE still cannot be optimally fulfilled. Issues concerning the bureaucracy and centralism, politic, and various potential deviations are parts of the non-optimal role of SOEs as business entities. The presence of the government as an authority with the power to issue regulations must be able to improve the performance of SOEs to be more effective and efficient to prosper the people. In conclusion, the presence of the government in the management of SOEs has not yet improved the performance of these state companies in achieving their founding goals. It is necessary to reformulate the position and controlling of the government in managing the SOEs as mandated in the constitution.","PeriodicalId":276491,"journal":{"name":"Proceedings of the International Conference on Law, Governance and Islamic Society (ICOLGIS 2019)","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125320881","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}
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