Pub Date : 2020-04-04DOI: 10.2991/aebmr.k.200226.048
Asri Wijayanti, S. Suhartono, Mahsun, Muridah Isnawati
In the era of globalization, the role of Trade Unions is very important. Trade Unions can represent workers in industrial relations dispute resolution and carry out activities to improve workers' welfare. Trade Unions can sometimes take unwise actions that cause suspicion to others. The problem in this research can be solved by planting Maqoshid Sharia in the value of local wisdom as a model in the efforts to resolve the industrial relations disputes among union administrators. The purpose of this study is to provide an overview of the implementation of the value of maqoshid sharia as an alternative solution in the efforts to resolve industrial relations disputes. This research is juridically normative with conceptual and statutory approaches. The results of this study are Maqoshid Sharia which is the goal of Islamic law has two dimensions, namely al wujud and al adam. Consisting of five things, namely laying the foundation of goodness to maintain religion, self, nasab, wealth and reason. Everything has three levels, namely dhoruriyat, hajjiyat and tahsiniyat. These three levels must be implemented by the management of trade unions when facing a conflict of problems based on their priority level as the efforts to resolve industrial relations disputes through litigation or non-litigation. The conclusion was that the trade unions must understand the roots of the disputes object of the industrial relations that occur. Furthermore, it would try to achieve the goodness by conducting a problem analysis based on Maqoshid Sharia to determine the strategical implementation of the three levels of Maqoshid Sharia, namely dhoruriyat, hajjiyat and tahsiniyat)
{"title":"The Realization of Maqoshid Shari’ah as Local Values in Industrial Relations Disputes Resolution Efforts","authors":"Asri Wijayanti, S. Suhartono, Mahsun, Muridah Isnawati","doi":"10.2991/aebmr.k.200226.048","DOIUrl":"https://doi.org/10.2991/aebmr.k.200226.048","url":null,"abstract":"In the era of globalization, the role of Trade Unions is very important. Trade Unions can represent workers in industrial relations dispute resolution and carry out activities to improve workers' welfare. Trade Unions can sometimes take unwise actions that cause suspicion to others. The problem in this research can be solved by planting Maqoshid Sharia in the value of local wisdom as a model in the efforts to resolve the industrial relations disputes among union administrators. The purpose of this study is to provide an overview of the implementation of the value of maqoshid sharia as an alternative solution in the efforts to resolve industrial relations disputes. This research is juridically normative with conceptual and statutory approaches. The results of this study are Maqoshid Sharia which is the goal of Islamic law has two dimensions, namely al wujud and al adam. Consisting of five things, namely laying the foundation of goodness to maintain religion, self, nasab, wealth and reason. Everything has three levels, namely dhoruriyat, hajjiyat and tahsiniyat. These three levels must be implemented by the management of trade unions when facing a conflict of problems based on their priority level as the efforts to resolve industrial relations disputes through litigation or non-litigation. The conclusion was that the trade unions must understand the roots of the disputes object of the industrial relations that occur. Furthermore, it would try to achieve the goodness by conducting a problem analysis based on Maqoshid Sharia to determine the strategical implementation of the three levels of Maqoshid Sharia, namely dhoruriyat, hajjiyat and tahsiniyat)","PeriodicalId":300116,"journal":{"name":"Proceedings of the International Conference on Law Reform (INCLAR 2019)","volume":"63 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126310556","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 : 2020-03-04DOI: 10.2991/aebmr.k.200226.039
Wiwik Afifah, M. Yulianto, I. M. Leomarch
Indonesia is a state of law as explained in article 1 paragraph 3 of the UUD 1945 Constitution which stipulates that the Republic of Indonesia is a state based on law. As a constitutional state, it is necessary to uphold good human rights, certain groups as well as individuals, vulnarable people, etc. One of which is principle of equal treatment before law of this country described in Article 3 paragraph 2 of Law No. 39 of 1999 concerning Human Rights and Article 28 D paragraph 1 .UUD 1945. But in applying the principle of equal treatment before law, there are specific criminal acts that are not in accordance with these principles related to the period of detention, especially in criminal acts of terrorism where the period of detention from the level of investigation, prosecution and examination in court proceedings is much longer than other special criminal acts, namely 290 days which are specifically regulated in Law No. 5 of 2018 concerning amendments to Law Number 15 of 2003 concerning stipulation of regulations Government In lieu of Law Number 1 of 2002 Regarding Eradication of the Criminal Act of Terrorism into Law. While other specific criminal acts include corruption, money laundering and narcotics crime related to the period of detention from the level of investigation, prosecution and examination in a court of law which is regulated based on the Criminal Procedure Code which has a shorter period of 200 days. Based on this there are differences related to the period of detention between terrorism and other specific criminal acts. Therefore it needs to be questioned related to the application of the principle of equality before the law in the criminal act of terrorism.
{"title":"Detention of Terrorism Suspects in the Perspective of Equality Before the Law","authors":"Wiwik Afifah, M. Yulianto, I. M. Leomarch","doi":"10.2991/aebmr.k.200226.039","DOIUrl":"https://doi.org/10.2991/aebmr.k.200226.039","url":null,"abstract":"Indonesia is a state of law as explained in article 1 paragraph 3 of the UUD 1945 Constitution which stipulates that the Republic of Indonesia is a state based on law. As a constitutional state, it is necessary to uphold good human rights, certain groups as well as individuals, vulnarable people, etc. One of which is principle of equal treatment before law of this country described in Article 3 paragraph 2 of Law No. 39 of 1999 concerning Human Rights and Article 28 D paragraph 1 .UUD 1945. But in applying the principle of equal treatment before law, there are specific criminal acts that are not in accordance with these principles related to the period of detention, especially in criminal acts of terrorism where the period of detention from the level of investigation, prosecution and examination in court proceedings is much longer than other special criminal acts, namely 290 days which are specifically regulated in Law No. 5 of 2018 concerning amendments to Law Number 15 of 2003 concerning stipulation of regulations Government In lieu of Law Number 1 of 2002 Regarding Eradication of the Criminal Act of Terrorism into Law. While other specific criminal acts include corruption, money laundering and narcotics crime related to the period of detention from the level of investigation, prosecution and examination in a court of law which is regulated based on the Criminal Procedure Code which has a shorter period of 200 days. Based on this there are differences related to the period of detention between terrorism and other specific criminal acts. Therefore it needs to be questioned related to the application of the principle of equality before the law in the criminal act of terrorism.","PeriodicalId":300116,"journal":{"name":"Proceedings of the International Conference on Law Reform (INCLAR 2019)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129710606","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 : 2020-03-04DOI: 10.2991/aebmr.k.200226.016
Yenny Purnama, M. Hatta, M. Nasser
Diphtheria is a disease that is very contagious and provides low immunity. Very effective prevention is by immunizing Diphtheria, to increase immunity to this disease. If prevention is not carried out properly, it can lead to Extraordinary Events, as happened in 2017 in Indonesia. Handling Extraordinary Events that are not successful can result in Outbreaks. The impact of an outbreak can harm individuals, communities, nations nationally and internationally. Refusal of immunization and anti-vaccine movements can risk thwarting the prevention of Diphtheria. As a result, the disease of Diphtheria that is not there, reappeared. Some countries have implemented strict sanctions against denial of immunization: Prison (Pakistan), Prohibited schools (Italy), Fines (Germany), and Cut allowances (Australia). Rejection of immunization in Indonesia has not yet been given strict sanctions, even though Extraordinary Events have occurred. The legal immunization is mandatory as mandated in Law 36 of 2009 concerning Health Article 130: The government is obliged to provide complete immunization to every baby and child. And is the basic right of every child as stated in article 132 paragraph 3: Every child has the right to receive basic immunization in accordance with the applicable provisions to prevent the occurrence of diseases that can be avoided through immunization. In chapter XA of the 1945 Constitution concerning Human Rights, Article 28B paragraph 2: Every child has the right to survival, to grow and develop and has the right to protection from violence and discrimination. To be able to grow optimally, a child needs immunization. If a child does not get immunized, it can be interpreted that the child cannot grow optimally (neglect of children), this is contrary to Law No. 23 of 2002 concerning Child Protection article 77 and can be punished according to the article. In addition to the above article, it can be threatened with revocation of custody according to Law No. 4 of 1979 concerning Child Welfare. And can be threatened according to Law No. 4 of 1984 concerning Outbreaks of Infectious Diseases, because one of the outbreak prevention efforts is prevention and immunization
{"title":"Application of Law Toward Disclaimer of Diphtheria Immunization","authors":"Yenny Purnama, M. Hatta, M. Nasser","doi":"10.2991/aebmr.k.200226.016","DOIUrl":"https://doi.org/10.2991/aebmr.k.200226.016","url":null,"abstract":"Diphtheria is a disease that is very contagious and provides low immunity. Very effective prevention is by immunizing Diphtheria, to increase immunity to this disease. If prevention is not carried out properly, it can lead to Extraordinary Events, as happened in 2017 in Indonesia. Handling Extraordinary Events that are not successful can result in Outbreaks. The impact of an outbreak can harm individuals, communities, nations nationally and internationally. Refusal of immunization and anti-vaccine movements can risk thwarting the prevention of Diphtheria. As a result, the disease of Diphtheria that is not there, reappeared. Some countries have implemented strict sanctions against denial of immunization: Prison (Pakistan), Prohibited schools (Italy), Fines (Germany), and Cut allowances (Australia). Rejection of immunization in Indonesia has not yet been given strict sanctions, even though Extraordinary Events have occurred. The legal immunization is mandatory as mandated in Law 36 of 2009 concerning Health Article 130: The government is obliged to provide complete immunization to every baby and child. And is the basic right of every child as stated in article 132 paragraph 3: Every child has the right to receive basic immunization in accordance with the applicable provisions to prevent the occurrence of diseases that can be avoided through immunization. In chapter XA of the 1945 Constitution concerning Human Rights, Article 28B paragraph 2: Every child has the right to survival, to grow and develop and has the right to protection from violence and discrimination. To be able to grow optimally, a child needs immunization. If a child does not get immunized, it can be interpreted that the child cannot grow optimally (neglect of children), this is contrary to Law No. 23 of 2002 concerning Child Protection article 77 and can be punished according to the article. In addition to the above article, it can be threatened with revocation of custody according to Law No. 4 of 1979 concerning Child Welfare. And can be threatened according to Law No. 4 of 1984 concerning Outbreaks of Infectious Diseases, because one of the outbreak prevention efforts is prevention and immunization","PeriodicalId":300116,"journal":{"name":"Proceedings of the International Conference on Law Reform (INCLAR 2019)","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130597309","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 : 2020-03-04DOI: 10.2991/aebmr.k.200226.031
Try Widiyono, Hamdan Azhar Siregar
In many discussions of Human Rights, it is rarely related to Human Basic (human rights) obligations. In fact, they complement each other to find justice. In the Greco-Roman era and the Middle Ages, the development of the School of irrational natural law laid the basis for obligations for humans that were rooted in metaphysics and divine values. When individual expressions are blazing, which is a feature of the renaissance, it changes fromobligations to rights. The teachings of Aquinas (1224-1274), Hugo Grotius (1583-1645), Magna Charta (1215), Human Rights Petition (1628), British Human Rights Statement (1689), United States Declaration of Independence (1776) and the French revolution (1789) are the pieces of evidence for this shift. The change in the rationale is contradictory, so that between obligations and rights seems to have a conflict. Therefore, it is relevant to raise a question, namely how human rights were born and developed and how the relationship between human rights and human basic (human rights) obligations. The theory in analyzing the problems raised in this study uses the theory of balance and the theory of justice. While the methodology used in this study is the normative method of the law. The results obtained in this study in addition to providing answers to the problems raised also provide future direction, namely what should be done.
{"title":"The Relationship Between Human Basic (Human Rights) Obligations and Human Rights","authors":"Try Widiyono, Hamdan Azhar Siregar","doi":"10.2991/aebmr.k.200226.031","DOIUrl":"https://doi.org/10.2991/aebmr.k.200226.031","url":null,"abstract":"In many discussions of Human Rights, it is rarely related to Human Basic (human rights) obligations. In fact, they complement each other to find justice. In the Greco-Roman era and the Middle Ages, the development of the School of irrational natural law laid the basis for obligations for humans that were rooted in metaphysics and divine values. When individual expressions are blazing, which is a feature of the renaissance, it changes fromobligations to rights. The teachings of Aquinas (1224-1274), Hugo Grotius (1583-1645), Magna Charta (1215), Human Rights Petition (1628), British Human Rights Statement (1689), United States Declaration of Independence (1776) and the French revolution (1789) are the pieces of evidence for this shift. The change in the rationale is contradictory, so that between obligations and rights seems to have a conflict. Therefore, it is relevant to raise a question, namely how human rights were born and developed and how the relationship between human rights and human basic (human rights) obligations. The theory in analyzing the problems raised in this study uses the theory of balance and the theory of justice. While the methodology used in this study is the normative method of the law. The results obtained in this study in addition to providing answers to the problems raised also provide future direction, namely what should be done.","PeriodicalId":300116,"journal":{"name":"Proceedings of the International Conference on Law Reform (INCLAR 2019)","volume":" 1171","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"113946677","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 : 2020-03-04DOI: 10.2991/aebmr.k.200226.038
Aida Mustafa, Prisca Oktaviani Samosir
Regulation of maximum term of transition period is 1 (one) year, and cannot be extended is an important aspect for the transition process of the Rusun Management from the Developers to PPPSRS. Practically, the Rusun Magament by Developers run over the term of transition period. Based on these, the authors will study 3(three) principle purpose of the law (rule of law, justice and benefit) regulation in term of transition period, by using The Economic Analysis of Law approach and normative law research methods. Based on the analysis, it was concluded that during the term of transition period, the amount of costs that must be spent by the Developers during the 1 (one) year term of transition period to manage the Rusun, is greater than the results obtained, causing the Developers to incur losses. This reflects that the term of transition period regulation does not provide justice and benefits for the Developers, as contained in the concept of utility and benefit principle, so that it is not a rational choice for the Developers to manage the Rusun for 1 (one) year in the term of transition period. With no sanctions for Developers who manage the Rusun over the term of transition period, this is contrary to the concept of efficiency and the principle of Legal Certainty.
{"title":"Economic Analysis of Law: Study the Law Purpose in Term of Transition Period Regulation of Rusun Management","authors":"Aida Mustafa, Prisca Oktaviani Samosir","doi":"10.2991/aebmr.k.200226.038","DOIUrl":"https://doi.org/10.2991/aebmr.k.200226.038","url":null,"abstract":"Regulation of maximum term of transition period is 1 (one) year, and cannot be extended is an important aspect for the transition process of the Rusun Management from the Developers to PPPSRS. Practically, the Rusun Magament by Developers run over the term of transition period. Based on these, the authors will study 3(three) principle purpose of the law (rule of law, justice and benefit) regulation in term of transition period, by using The Economic Analysis of Law approach and normative law research methods. Based on the analysis, it was concluded that during the term of transition period, the amount of costs that must be spent by the Developers during the 1 (one) year term of transition period to manage the Rusun, is greater than the results obtained, causing the Developers to incur losses. This reflects that the term of transition period regulation does not provide justice and benefits for the Developers, as contained in the concept of utility and benefit principle, so that it is not a rational choice for the Developers to manage the Rusun for 1 (one) year in the term of transition period. With no sanctions for Developers who manage the Rusun over the term of transition period, this is contrary to the concept of efficiency and the principle of Legal Certainty.","PeriodicalId":300116,"journal":{"name":"Proceedings of the International Conference on Law Reform (INCLAR 2019)","volume":"171 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-03-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141224818","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 : 2020-03-04DOI: 10.2991/aebmr.k.200226.032
Abustan, Hamdan Azhar Siregar, Otom Mustomi
Indonesia is committed that the rule of law as an idealized preposition to be achieved must always be pursued through constitutional enforcement. This confirms, Indonesia wants the law as the commander or front guard in solving all problems of state life, including democratic life, especially in election. Therefore, the legal step of the losing party to bring a claim to the Constitutional Court is a legitimate and constitutional effort. So, this paper would like to gain a solution towards Constitutional Court during the election.
{"title":"Constitutional Court as the Guard of Enforcement Constitution: Is It Challenging?","authors":"Abustan, Hamdan Azhar Siregar, Otom Mustomi","doi":"10.2991/aebmr.k.200226.032","DOIUrl":"https://doi.org/10.2991/aebmr.k.200226.032","url":null,"abstract":"Indonesia is committed that the rule of law as an idealized preposition to be achieved must always be pursued through constitutional enforcement. This confirms, Indonesia wants the law as the commander or front guard in solving all problems of state life, including democratic life, especially in election. Therefore, the legal step of the losing party to bring a claim to the Constitutional Court is a legitimate and constitutional effort. So, this paper would like to gain a solution towards Constitutional Court during the election.","PeriodicalId":300116,"journal":{"name":"Proceedings of the International Conference on Law Reform (INCLAR 2019)","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127001595","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 : 2020-03-04DOI: 10.2991/aebmr.k.200226.006
Said Noor Prasetyo, Tongat, N. Hidayah
in the digital era, electronic identity is something that is very important to protect because it is a representation of someone in an electronic system. Along with the development of information technology, this type of crime also developed with the emergence of cybercrime. One type of cybercrime that threatens someone's identity is identity theft. This crime always haunts us when surfing in cyberspace. Many criminals target identity as the key to accessing someone's personal accounts such as bank accounts, credit cards, and other accounts. This crime is a serious threat in the digital era, especially in Indonesia. This is due to a lack of awareness of citizens in protecting their identities and the existence of inadequate laws in providing protection. This situation is certainly a threat in strengthening the civil society in the digital era
{"title":"Identity Theft and the Rules in Indonesia’s Criminal Law","authors":"Said Noor Prasetyo, Tongat, N. Hidayah","doi":"10.2991/aebmr.k.200226.006","DOIUrl":"https://doi.org/10.2991/aebmr.k.200226.006","url":null,"abstract":"in the digital era, electronic identity is something that is very important to protect because it is a representation of someone in an electronic system. Along with the development of information technology, this type of crime also developed with the emergence of cybercrime. One type of cybercrime that threatens someone's identity is identity theft. This crime always haunts us when surfing in cyberspace. Many criminals target identity as the key to accessing someone's personal accounts such as bank accounts, credit cards, and other accounts. This crime is a serious threat in the digital era, especially in Indonesia. This is due to a lack of awareness of citizens in protecting their identities and the existence of inadequate laws in providing protection. This situation is certainly a threat in strengthening the civil society in the digital era","PeriodicalId":300116,"journal":{"name":"Proceedings of the International Conference on Law Reform (INCLAR 2019)","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121819958","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 : 2020-03-04DOI: 10.2991/aebmr.k.200226.009
Aby Maulana
That is the context of criminal law enforcement that departs from the principle of "no criminal without fault" and/or "no criminal responsibility without fault", then there are fundamental problems, related to the assessment of the objectivity of an action on the one hand, and the subjectivity of the perpetrator on the other . Which means that, in fact, an "act" can be seen physically and concretely, whereas, with regard to "fault" that is, it must be extracted from the intention and inner state of the perpetrator, then someone who is convicted and has a sense that can be held to hold criminal responsibility. Whereas, in the concept of "Guilty Pleas or Plead of guilty", it is known that a guilty plea can be used by a Judge in imposing a sentence on someone, and with that acknowledgment, someone is deemed to have declared a "fault" in his inner attitude. Thus, when linked to the concept of criminal justice, the condition of error by trial is very likely to occur, considering that one of the objectives of the judiciary is to seek material truth. Therefore, the authors formulate a problem: (a) How is the construction of a "guilty plea" with the ability of criminal liability to be viewed in terms of the objectivity of a criminal act and the factor of the subjectivity of a criminal offender? (b) Can someone who has committed a "guilty plea" be computed in the context of punishment?
{"title":"Construction of Guilty Pleas and Ability of Criminal Responsibility","authors":"Aby Maulana","doi":"10.2991/aebmr.k.200226.009","DOIUrl":"https://doi.org/10.2991/aebmr.k.200226.009","url":null,"abstract":"That is the context of criminal law enforcement that departs from the principle of \"no criminal without fault\" and/or \"no criminal responsibility without fault\", then there are fundamental problems, related to the assessment of the objectivity of an action on the one hand, and the subjectivity of the perpetrator on the other . Which means that, in fact, an \"act\" can be seen physically and concretely, whereas, with regard to \"fault\" that is, it must be extracted from the intention and inner state of the perpetrator, then someone who is convicted and has a sense that can be held to hold criminal responsibility. Whereas, in the concept of \"Guilty Pleas or Plead of guilty\", it is known that a guilty plea can be used by a Judge in imposing a sentence on someone, and with that acknowledgment, someone is deemed to have declared a \"fault\" in his inner attitude. Thus, when linked to the concept of criminal justice, the condition of error by trial is very likely to occur, considering that one of the objectives of the judiciary is to seek material truth. Therefore, the authors formulate a problem: (a) How is the construction of a \"guilty plea\" with the ability of criminal liability to be viewed in terms of the objectivity of a criminal act and the factor of the subjectivity of a criminal offender? (b) Can someone who has committed a \"guilty plea\" be computed in the context of punishment?","PeriodicalId":300116,"journal":{"name":"Proceedings of the International Conference on Law Reform (INCLAR 2019)","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130686316","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/aebmr.k.200226.035
Untoro, Muhani Jibi
The constitution in all countries can almost be said to have reflected the division of legislative, executive, and judicial powers. The idea of separation of powers is the idea of Monstesquieu which teaches the importance of the separation of powers in a country. The State Administrative Court as one of the judicial powers (judicative) has the authority to test the validity of the State Administration Decree which is the object of the dispute can be tested ex-tunc or ex-nunc. Ex-tunc or ex-nunc testing is conducted before the judge gives the verdict. This research is a doctrinal research with a philosophical approach. The method used is qualitative. The first problem that arises is how the judge's considerations to apply ex tunc or ex nunc testing. The second problem, how philosophical implications with the implementation of ex tunc or ex nunc testing. The first objective of the study was to analyze the judges' considerations of applying ex tunc or ex nunc tests. The second objective is to analyze the philosophical implications of ex tunc or ex nunc testing. The results revealed that ex tunc testing meant that testing began from the preparations for the formation, the formation process until the issuance of the State Administration Decree. In other words ex tunc testing is retroactive. Ex nunc testing is done by taking into account the things that are happening right now by the passage of time the decision has been implemented and there have been changes both changes in regulations, conditions and government policies relating to the contents of the State Administrative Decision being sued. The philosophical implication is to realize justice through a state administration court decision.
{"title":"Philosophical Implications of Ex-Tunc and Ex-Nunc Testing in State Administration Disputes","authors":"Untoro, Muhani Jibi","doi":"10.2991/aebmr.k.200226.035","DOIUrl":"https://doi.org/10.2991/aebmr.k.200226.035","url":null,"abstract":"The constitution in all countries can almost be said to have reflected the division of legislative, executive, and judicial powers. The idea of separation of powers is the idea of Monstesquieu which teaches the importance of the separation of powers in a country. The State Administrative Court as one of the judicial powers (judicative) has the authority to test the validity of the State Administration Decree which is the object of the dispute can be tested ex-tunc or ex-nunc. Ex-tunc or ex-nunc testing is conducted before the judge gives the verdict. This research is a doctrinal research with a philosophical approach. The method used is qualitative. The first problem that arises is how the judge's considerations to apply ex tunc or ex nunc testing. The second problem, how philosophical implications with the implementation of ex tunc or ex nunc testing. The first objective of the study was to analyze the judges' considerations of applying ex tunc or ex nunc tests. The second objective is to analyze the philosophical implications of ex tunc or ex nunc testing. The results revealed that ex tunc testing meant that testing began from the preparations for the formation, the formation process until the issuance of the State Administration Decree. In other words ex tunc testing is retroactive. Ex nunc testing is done by taking into account the things that are happening right now by the passage of time the decision has been implemented and there have been changes both changes in regulations, conditions and government policies relating to the contents of the State Administrative Decision being sued. The philosophical implication is to realize justice through a state administration court decision.","PeriodicalId":300116,"journal":{"name":"Proceedings of the International Conference on Law Reform (INCLAR 2019)","volume":"66 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":"126205792","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/aebmr.k.200226.005
N. Hidayah, Isdian Anggraeny, Dwi Ratna Indri Hapsari
Customers who failed to make promises in bank financing have the potential to cause disputes. To solve this, there are already a series of regulations that govern. The problem is that there are still many customers who feel disadvantaged in the dispute resolution process. The purpose of this study was to find out how the procedure for resolving financing disputes with guaranteed mortgage rights at Bank Jatim as well as any obstacles in the dispute resolution process. This study uses empirical research methods with a regulatory approach. The results of the study show that the dispute resolution process in non-litigation has not been maximized and the tendency is to execute the object of collateral. While the constraints are in non-compliance with the process of fostering customers who are injured in the promise, and the auction process that takes a long time.
{"title":"Credit Dispute Resolution with Mortgage Right Warranties on Conventional Banking","authors":"N. Hidayah, Isdian Anggraeny, Dwi Ratna Indri Hapsari","doi":"10.2991/aebmr.k.200226.005","DOIUrl":"https://doi.org/10.2991/aebmr.k.200226.005","url":null,"abstract":"Customers who failed to make promises in bank financing have the potential to cause disputes. To solve this, there are already a series of regulations that govern. The problem is that there are still many customers who feel disadvantaged in the dispute resolution process. The purpose of this study was to find out how the procedure for resolving financing disputes with guaranteed mortgage rights at Bank Jatim as well as any obstacles in the dispute resolution process. This study uses empirical research methods with a regulatory approach. The results of the study show that the dispute resolution process in non-litigation has not been maximized and the tendency is to execute the object of collateral. While the constraints are in non-compliance with the process of fostering customers who are injured in the promise, and the auction process that takes a long time.","PeriodicalId":300116,"journal":{"name":"Proceedings of the International Conference on Law Reform (INCLAR 2019)","volume":"109 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":"133495976","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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