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The Legal Application of Consumer and Halal Product Protection in the Health Sector Martha Eri Safiraa, Moch. Chotibb, Dewi Irianic, Arief Budionod, a,b,cFakultas Syariah IAIN Ponorogo, dFakultas Hukum Universitas Muhammadiyah Ponorogo, Email: amarthasafira82@gmail.com, cde.calissta8113@gmail.com, darrevahims@gmail.com Health and being healthy is the right of everyone. Yet, are the existing laws able to give legal protection of health for the Indonesian citizens? There have been cases where products which may harm the health were found, and that their halal certification is still questionable, though such certification is important for Muslims. On 2018, the public were shocked by the results of research done by the University of New York, United States, which announced that microplastic components were found in bottled mineral water from the brands Aqua, Nestle, and Club. Then, at the end of 2018, worm parasites were found in canned mackerel fish. Another interesting case is regarding immunisation vaccines, where the perspective regarding its halal-ness were still debated by the Indonesian citizens. Apart from that, the free distribution of illegal cosmetics is still an ongoing issue in Indonesia, where its impacts on health and its halal-ness are still ignored. There have also been cases on the distribution of dangerous medicine without a doctors’ prescription. Thus, this paper analyses how far the essence of UUPK (the Constitution which regulates Consumer Rights) and UU Product Halal (the Constitution which regulates Halal Products) are in protecting the health rights of the Indonesian consumers, and how the regulations and the roles of the government are in making efforts to implement and enforce these laws. Results of the analysis show that the implementation of the Consumer Rights Constitution is still minimum, though the rights for health is a basic component of the human rights. Pages 1 to 18 |
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Protection against Child Labour Meilan Lestaria, Erlinab, Monika Melinanc, Faculty of Law, Universitas Islam Riau, email: meilan@law.uir.ac.id, erlinashmh@yahoo.com, monikamelina@yahoo.com Children are the greatest mandate and gift given by God Almighty to both parents. Children must be educated, guarded, nurtured, and protected. In children there is an inherent value and dignity as a human. However, a consequence of the demands of the enormous economic needs is that minors become involved in completing economic needs by working. This is what we have to think about together; especially parents and the government. Problems that have occurred need resolution, because children have the right to be protected, guarded and given education without any discrimination. Pages 19 to 29 |
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Public Domain in Dispute Settlement of Cancellation of Industrial Design Rights Muchtar Anshary Hamid Labetubuna, aLecturer in Civil Procedure Law at the Faculty of Law, University of Pattimura, Ambon, Indonesia, Email: amahlabetubun@gmail.com DOI: 10.53333/IJICC2013/10503 Economic rights in Industrial Design have protection that is limited to a period of 10 years. After the expiration of protection, Industrial Designs that previously owned exclusive rights by the holders of rights to Industrial Design become public property; so that the Industrial Design has no obligation to ask permission to the rights’ holders for Industrial Design to use the Industrial Design. This is generally referred to as Public Domain, as stipulated in Article 2 paragraph (1) and (2) of Law Number 31 Year 2000 concerning Industrial Design, that "Design rights Industry is granted for a new Industrial Design, Industrial Design is considered new if on the date of Acceptance, the Industrial Design is not the same as pre-existing disclosures”. So basically, Industrial Design has a new principle. However, in reality, there are several cases of Industrial Design in resolving disputes over Industrial Design rights that have been registered, because the Industrial Design has become Public Domain, and there has been a cancellation of Industrial Designs including Cases: Industrial Design of Oil Bottles, Industrial Design of Lighters, Industrial Design of Packaging Boxes 4 (Four) Square, Industrial Design CBK 124 Cabinets, Garuda Motorcycles, Industrial Design Disk Places, Industrial Socks Design, Industrial Design Folding Iron Door Chains and Folding Iron Door Leaves, X2 Shoe Strip Industrial Designs, and Industrial Design TMS Roll Forming Machines Machine. Pages 30 to 42 |
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Legal Protection for Consumers against Fraud on E-Commerce: A Comparative Law Analysis Rosyidi Hamzaha, Cheny Berlianb, Rahmi Yuniartic, a,b,cDosen Fakultas Hukum Universitas Islam Riau, Email: arosyidi_hamzah@yahoo.com, bcheny_berlian@yahoo.com, crahmiyuniartizr@gmail.com Technology development has an impact on various legal aspects in the world. Trade transaction was one of the aspects that developed rapidly when the internet began to be introduced. Trade transactions are no longer limited by areas at this time and no longer have to confront the parties directly. Accessibility of trade through an electronic system for the community can improve the community`s economy, but also faces the act of cheating (fraud) from irresponsible parties. Fraud on e-commerce is making it hard for consumers who can't do anything to ask for responsibility, because often, there is no proof. The act of fraud that is occurring harms the consumers, and there is the emergence of issues concerning legal protection for consumers and the responsibility of an e-commerce company of the act of cheating (fraud). Arrangements related to e-commerce which were widespread in some different legislation made the problem with the regulation of synchronisation of e-commerce, and it needs adjustment with the regulation of International law, as an attempt to create protection and certainty while doing transactions on e-commerce. Fraud prevention and tackling on e-commerce have some issues, because of former legal regulations set about the real legal actions and they must adapt to something that is virtual. E-commerce has become a part of national and international commerce, so regulation of the e-commerce industry has to be comprehensive. The content is broad and related to the importance of harmonisation and regulatory unification on national and international law and it needed review from various arrangements regarding fraud actions of E-commerce. Pages 43 to 54 |
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Implementation of Confidentiality and Data Security in the Execution of the Lending and Borrowing Money Service Based on Information Technology in Indonesia Sri Wahyunia, aLecturer in Civil Procedure Law Faculty of Law, University of Bhayangkara, Jakarta Raya, Email: asri.wahyuni@dsn.ubharajaya.ac.id The development of information technology has had an influence on various fields in Indonesia, especially on developments in the field of information technology lending and borrowing services known as Financial Technology (Fintech). However, many people are unaware that borrowing and borrowing money using these applications actually has a negative impact when the debtor experiences default, so the financier commits defamation, or harassment of women's honour, including violations of human rights. This is contrary to the principle of confidentiality and security of user data. Regarding these principles regulated in Article 29 letter d OJK Regulation 77 / POJK.01 / 2016 concerning information technology lending and borrowing services and Article 4 letter g OJK Regulation Number 13 / PJOK.02 / 2018 concerning digital financial innovation in the financial services sector, and Article 31 OJK Regulation Number: 1 / POJK.07 / 2013 concerning Consumer Protection in the Financial Services Sector, the purpose of this study is the implementation of the confidentiality and data security principles of customers who borrow money through the online platform in Indonesia. This research uses the normative legal research method. The results of the study were to find out about the implementation of the principles of confidentiality and data security of debtors in the operation of lending and borrowing services through Illegal Fintech and settlement of disputes in Indonesia. Pages 55 to 67 |
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An Alternative to Sharia Insurance Dispute Resolution through the National Sharia Arbitration Agency (Basyarnas) in Indonesia Wetria Fauzia, Devianty Fitrib, a,bFaculty of Law, Andalas University, Padang, Indonesia, email: wetriafauzi@law.unand.ac.id The insurance business is very fast at the moment because it provides benefits to the community, both insurance with conventional and sharia concepts. Islamic insurance is growing at this time. The parties in this agreement both the policy holder and the insurance company as insurers have not resolved the occurrence of the dispute, the conflict that occurred could have been caused by a party that broke the promise of the agreement that was mutually agreed in the contract. Dispute resolution in Islamic insurance basically can be resolved through an alternative out of court, one of which is with the National Sharia Arbitration Board (BASYARNAS). BASYARNAS is very useful in solving Sharia Insurance disputes. Sharia insurance settlements are appointed by individuals who are experts in their fields so that the settlement is more optimal and handled by competent individuals. It should be emphasised in the clause of the sharia insurance agreement (policy) regarding the choice of the dispute resolution agency through this sharia arbitration institution. Pages 68 to 75 |
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Legal Protection for Participants of the Health Social Security Organising Agency Annisa Halika, Rosyidi Hamzahb, Syafrinaldic, a,b,cFaculty of Law, Universitas Islam Riau, Pekanbaru, Indonesia, Email: aannisahalik@gmail.com, brosyidi_hamzah@yahoo.com, csyafrinaldi40@yahoo.com The Social Security Organising Agency (BPJS) as the Implementing Body is a public legal entity formed to organise a health insurance program for all Indonesians. But in fact, regarding services in fulfilling the rights of BPJS Health participants in the Teluk Kuantan District Hospital there were obstacles in 2016. BPJS services were stopped for approximately six months. The management of the Kuantan Bay Regional Hospital, Kuantan Singingi Regency, Riau Province has temporarily suspended health services for BPJS Health participant patients, because the supply of medicines for BPJS Health patients is problematic. The Regional Hospital does not have any medicine supplies because the Regional Hospital is in arrears in the amount of Rp. 2.6 billion to third parties; namely pharmacies as partners. The main problem in this study is how the legal protection of the participants of the Health Social Security Organising Agency in the Teluk Kuantan Regional Hospital in terms of the Regulation of the Health Social Security Organising Agency No. 1 of 2014 concerning the Implementation of Health Insurance. The method used in this study is included in the class of observational research conducted by survey. The information is collected from respondents using primary data and secondary data. This research is analytical descriptive, which provides a detailed, clear and systematic description of the main problems of the study. Legal protection related to BPJS of health participants who took medication at Teluk Kuantan Regional Hospital is based on a case that occurred in 2016, BPJS participant patients did not get legal protection because their rights were not fulfilled. In this case, it clearly violates the provisions of Article 25 Paragraph (1) letter d of the Regulation of the Social Security Organising Agency Number 1 of 2014 concerning Health Insurance Providers. Pages 76 to 91 |
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Distribution of Proof Expenses in the Settlement of Consumer Compensation Disputes Iga A Ari Krisnawatia, aFaculty of Law, Universitas Udayana, Email: aarilaw1980@gmail.com The general arrangement for the distribution of the burden of proof of civil cases is regulated in Article 1865 BW article 163 HIR / 283 RBG, which states "whoever declares a right of another person, refers to an event, is required to prove the right or event". This general setting is not always appropriate for every case. As in the case of a consumer lawsuit for product losses, if guided by the provisions of the law, the consumer is always the plaintiff who is burdened with proof. The burden of proof is heavy for consumers because consumers generally do not know the ins and outs of production, the technology applied and the materials that are actually used by producers as business operators. Therefore, Law No.8 / 1999 adopts a system of the burden of proof reversed in the burden of proof as explained in its explanation without formulating the meaning of the burden of proof of reverse. This formulation is important to guide judges in sharing the burden of proof in resolving consumer and community dispute justice seekers. Based on the approach of the analysis of the legal concept of the burden of reverse evidence is the burden of proof on the presumption of the element of error in the defendant (business actor) and the plaintiff (consumer) is sufficient to provide the facts of the loss in the presence of a mistake that violates the law of the defendant. The defendant is acquitted of compensation if he can prove the error due to consumer error. Pages 92 to 108 |
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Electronic Notary Deed: A Legal Certainty Study Based on the Law of Notarial, the Law of the Limited Liability Company and the Law of Electronic Transaction and Information Azmi Fendria, Yussy Adelina Mannasb, a,bLaw Faculty of Andalas University, Email: aazmifendri75@gmail.com, byussymannas@yahoo.com The problem right now with regard to an authentic deed is the existence of a notary obligation which is affirmed in Article 16 Paragraph (1) letters c and m Notarial Law states. Notary has obligations, including the obligation to attach letters and documents and fingerprints of parties on the Minutes of Deed. In addition, the Notary also has the obligation to read the Deed before the parties, attended by at least 2 (two) witnesses, or 4 (four) special witnesses for the making of a will under the hand, and signed at the same time by the parties, witnesses, and Notary. The substance of these articles becomes contradictory if related to Article 77 Paragraph (1) concerning Limited Liability Company Law; which confirms the General Meeting of Shareholders can also be held through teleconferencing media, video conferences, or other electronic media facilities that allow all GMS participants to see and hear each other directly and participate in meetings. In the explanation of Article 77 Paragraph (4) of the Limited Liability Company Law it is explained that what is meant by being approved and signed is to be approved and signed physically or electronically. On the other hand, the Notarial Deed cannot be declared as an Electronic Document so that it cannot be used as legal evidence as intended in Article 5 Paragraph (1) of the Information and Electronic Transaction Law. Based on legal issues in the three Laws mentioned above, namely the Law of Notary Position, the Limited Company Law and the Electronic Information and Transaction Law, the author will conduct an analysis of legal certainty and legal benefits regarding the Notary Deed electronically. Pages 109 to 119 |
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Land Acquisition for the purpose of Low-Income Housing by applying the Concept of 3 in 1 in Land Acquisition Jarot Widya Muliawana, aFaculty of Law, Brawijaya University, Malang, Indonesia, Email: ajarotmuliawan@yahoo.com This research aims to examine land acquisition for the purpose of Low Income Housing conducted by the regulation of land acquisition for private interest. By deploying socio-legal and normative studies, it shows that there is still legal uncertainty in society because the development of Housing is not included in the types of public interests stipulated in Article 10 Law No. 2 of 2012 on Land Acquisition for Development based on Public Interest. Therefore, in practice there are still some issues which private participants encountered in the process of land acquisition for the use of development. Pages 120 to 132 |
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Confirmation of Taxpayer Status at the Land Services Office Reviewed from the Principle of Utilization in the Context of Land Purchase Transactions Suhermana*, Heru Suyantob, a,bFaculty of Law, UPN Veteran, Jakarta, Indonesia, Email: a*Suherman_upn@yahoo.com In buying and selling land transactions the seller and buyer will be subject to seller tax in the form of income buyer tax. Income tax is in the form of tax on the acquisition of land rights. In connection with the registration of the transfer of rights above, the Government has issued provisions regarding Confirmation of Taxpayer Status on Land Service at the Ministry of Agrarian Affairs and Spatial Planning / National Land Agency as stipulated in the Ministry for Agrarian Affairs and Spatial Planning / Head of the National Land Agency of the Republic of Indonesia Number 21 2017. Looking at the development of community practices, it is clear there are still people living in rural areas who do not have a taxpayer identification number. So, when a sale and purchase transaction takes place, it is followed by registration of land rights for the first time which causes many difficulties. This type of research is normative juridical with secondary data consisting of primary, secondary and tertiary legal materials. Data was collected by conducting a literature review through an interview technique processed qualitatively according to the problem and theoretical framework in a logical and systematically way to achieve the objectives of this study, which is to discover legal provisions for Confirming Taxpayer Status in Land Services at the Ministry of Land Affairs, Agrarian Affairs and Spatial Planning / National Land Agency. Specific targets to be achieved include: (i) confirmation of taxpayer status in the office of the National Land Agency can hamper the process of making certificates, (ii) provisions for confirmation of taxpayer status at the Agency's National Land office are contrary to the principle of expediency in law. Pages 133 to 147 |
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The relationship between Religion and State according to the Constitution of the Republic of Indonesia 1945 Supartoa, aFaculty of Law, Universitas Islam Riau Jl. Kaharuddin Nasution No.113 Marpoyan, Pekanbaru, Riau 28284 Indonesia, Email: asuparto@law.uir.ac.id The relationship between religion and state is an interesting topic to study because each nation has its own rules and principles in understanding and applying it. The existence of religion in Indonesia is guaranteed by its inclusion in the state ideology of ‘Belief in the one and only God’ in the first principle of Pancasila. Nevertheless, Indonesia is not a religious state with the understanding based on certain religions. Therefore, religious law must have a proper place to continue to grow and develop in society. The purpose of this study is to determine the relationship between religion and state according to the 1945 Constitution of the Republic of Indonesia. This type of research is normative legal research and uses secondary data. Based on the results it can be concluded that in Indonesia religious life is guaranteed by the state as stipulated in Article 29 of the 1945 Constitution. The relationship between religion and state is mutual , religion needs the state for the development of its religion and the state needs religion for moral national enhancement. As a consequence of the relationship between religion and the state, we should no longer define ourselves as a "non-religious state" and a "non- secular state" as occurred in the New Order era. The statement "non-religious state" has degraded the position of " State based Belief in the one and only God." While "non-secular state" is not strong or explicit enough or less explicit than" Belief in the one and only God” as the basis of the state. Therefore, , in the future it is necessary to state that Indonesia is a religious country. A religious state is a country that places a Godhead as the foundation of the life of the nation and state. Pages 148 to 159 |
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The Position of Customary Forests in Indonesia after Constitutional Court's Decision No. 35/PUU-X/2012 Supartoa, aFaculty of Law, Islamic University of Riau, Jl. Kaharuddin Nasution 113, Marpoyan, Pekanbaru, Riau 28284, Indonesia, Email: asuparto@law.uir.ac.id Forests in Indonesia based on their tenure status consist of State Forests and Private Forests. So far, based on Law No. 41 of 2019, Customary Forests are included in State Forests. As it is considered to violate the constitutional rights of indigenous and tribal peoples, Law No. 41 of 1999 concerning Forestry was submitted by the Judicial Review to the Constitutional Court (MK). The research method uses a normative legal approach with secondary data. Data analysis was carried out in a qualitative descriptive method. Based on the decision of the Constitutional Court Number 35 / PUU-X / 2012 against Judgment of Law No. 41 of 1999 Concerning Forestry, Indigenous Forests are no longer a part of State Forests but are placed in the category of private forests. As a follow up to the decision of the Constitutional Court Number 35 / PUU-X / 2012, the Ministry of Environment and Forestry of the Republic of Indonesia issued Ministerial Regulation Number: P.32 / Menlhk-Setjen / 2015 on private forests. The regulation outlines that the stipulation of customary forests into private forests is carried out in two stages : (1) Recognition of the existence of indigenous peoples or customary rights through Regional Regulations (Perda). (2) Determination of the Minister of Environment and Forestry over customary forests into private forests. There are several provinces in Indonesia that have established Indigenous Forests including the Provinces of Jambi, Lampung, West Kalimantan, Central Kalimantan, Central Sulawesi, Southeast Sulawesi and South Sulawesi. Therefore, other provinces that have customary forests must be proactive to immediately make a local regulation about the existence of customary law communities or rights, which is one of the conditions for establishing customary forests. Pages 160 to 170 |
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The Implementation of Execution Auction by Creditors on Debtor Rights’ Guarantee in the Office of State Assets and Auction Services (KPKNL) Surizki Febriantoa, Sri Devi Ayundab, a,bFaculty of Law, Islamic University of Riau, Jl. Kaharuddin Nasution No. 113. Marpoyan Damai, Pekanbaru, Riau 28284, Indonesia, Email: asurizkifebrianto@law.uir.ac.id, bsrideviayunda@gmail.com The study entitled "The Implementation Of Execution Auction By Creditors On Debtor Rights Guarantee In The Office Of State Assets And Auction Services (KPKNL) In Indonesia" is motivated by a form of inability of customers / debtors who made late payments of overdue loans. Legal certainty of auction of execution of mortgage rights can be carried out based on Article 20 paragraph (1) letters a and b as well as paragraph (2) UUHT, execution of Mortgage Rights collateral objects can be completed in three ways without a courtesy that can be used by creditors to execute the object of collateral Mortgage Right if the debtor defaults, namely: (1). Execution Parate, (2). Executive Title, and (3). Sales of Mortgage objects under the hand. This research investigates the execution of auctions by creditors against guarantees of mortgage rights of the debtor at the Office of State Assets and Auction Services (KPKNL) Pekanbaru and the execution of the debtor and other third parties against the execution of the auction process by the creditor against the guarantee mortgage rights of the debtor at the Pekanbaru State Assets and Auction Service Office (KPKNL). The method used in this research is observational research conducted by survey. In this study, information was collected from respondents using primary and secondary data. The research is both analytical and descriptive, giving a detailed, clear and systematic account of the research’s main problem . The implementation of Auction execution of Article 6 of the Underwriting Right Act is carried out if the debtor is in default (breach of contract), then the Underwriting Right holder has the right to sell the Underwriting Right object through his or her own power through a public auction, namely the Office of State Assets and Auction Services (KPKNL) Pekanbaru, and take the payment of the receivables from the sale. Pages 171 to 188 |
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Dispute Resolution of EKS Railway Land by PT. Kereta API Indonesia (PT. Kai Persero) in Sumatera Barat Yontri Faisala, Yulia Mirwatib, aPhD student at the University of North Sumatra, bLecturer in the Law Faculty at Andalas University, Email: ayontrifaisal3@gmail.com, byuliamirwati@gmail.com Article 1548 of the Civil Code (KUHPer) regulates lease agreements—that is, an agreement that gives the enjoyment of an item to another party for a certain period with payment of rent. The civil legal system adheres to the differentiation of movable and fixed property. One of the fixed objects is land. In principle, anyone can lease various types of goods, both fixed and movable. Since the issuance of the UUPA, this lease provision does not apply because land is subject to the UUPA. The UUPA contains the principle of horizontal separation, between land and everything contained on it. The UUPA distinguishes land rights by several types, such as ownership rights, business use rights, building rights, use rights, and lease rights, etc. (Article 16 of the UUPA). Leasing rights are further regulated in Articles 44–45 of the UUPA, which regulates leases that are specifically for building. It is not stated that the lease right is a land right, because Article 44 paragraph (3) shows that the lease right is an agreement. Based on that, the lease rights do not have proof of certificate rights. The subject that can lease land is the subject of ownership rights to the land. In Article 21 of the UUPA, land ownership rights can only be owned by Indonesian citizens. (They also cannot be a legal entity unless the specific provisions of the legal entity meet the strict regulations in PP 38 of 1963 relating to the hajad of the people.) PT KAI (Persero), including Recht Person for the benefit of the public (transportation), can be granted land use rights and land management rights. Both types of rights are public not private. In fact, PT KAI (Persero) in the West Sumatra region even rents out land that is not covered by the right of palai or its management rights, because, since 1950, the land has become EKS railway land and/or state land. This needs to be studied in more depth using empirical and normative data as disputes relating to leasing of this land are still ongoing. Pages 189 to 199 |
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The role of Teacher Support in Predicting Engagement through Academic Buoyancy Meilani Rohinsaa*, Surya Cahyadib, Achmad Djunaidic, Tb. Zulrizka Iskandard, a,b,c,dUniversitas Padjadjaran, St. Raya Bandung Sumedang KM.21 Hegarmanah-Jatinangor- Sumedang Regency,45363, Bandung, Indonesia, Email: arohinsa.meilani@gmail.com, bsurya@unpad.ac.id, ca.djunaidi@unpad.ac.id, dzulrizkaiskandar@unpad.ac.id The current research aims to investigate whether students' ability to deal with academic problems daily, known as academic buoyancy, can mediate the effect of teacher support in predicting senior high school students’ engagement. The participants of the research consisted of 131 senior high school students. Instruments in the current research included a teacher support questionnaire, an academic buoyancy scale and an engagement questionnaire. Data analysis was conducted using multiple regression tests. Based on the research findings, academic buoyancy mediates the effect of teacher support in predicting senior high school students’ engagement. The implication of this finding is that teachers need to be aware that every student needs the ability to deal with everyday academic problems in school. This ability can be fulfilled by the existence of teacher support, namely autonomy support, structure and involvement. This support will shape students' engagement with learning activities in the classroom. Pages 200 to 213 |
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The Development of the Indonesian Defence Industry as a Consequence of Security Dilemma and Arms Race in the Southeast Asian Region Muhammad Arsy Ash Shiddiqya, Arry Bainusb, Widya Setiabudi Sumadinatac, Arfin Sudirmand, aUniversitas Islam Riau, b,c,dUniversitas Padjadjaran, Email: aarsyshiddiq@soc.uir.ac.id, barrybainus@unpad.ac.id, cw.setiabudi@unpad.ac.id, darfin.sudirman@unpad.ac.id This paper explains the development of the Indonesian defence industry as a consequence of the Security Dilemma and Arms Race that occurred in Southeast Asia (Study in PT. Pindad). The security conditions in the Southeast Asian region are relatively safe and there have never been direct confrontations or head-to-head wars between countries in the region, not even a confrontation between Indonesia and Malaysia. During the cold war era, security in the Southeast Asian region was guaranteed by two super powers, the United States and the Soviet Union. Some sort of bias happened in this region, when the cold war ended, European countries were committed to reducing their military budget while the opposite happened in Southeast Asia. This research used a qualitative approach to explore theoretical concepts in this study: the Security Dilemma, Arms Race, and defence industry concepts. The results of this study indicate that Southeast Asian countries are starting to aggressively increase their military budget and defence capability through the development of the domestic defence industry, particularly Indonesia. PT. Pindad as one of the domestic defence industries that is able to produce most of the needs of the defence equipment for land defence such as: Light and heavy rifles, Missiles and Mortars, Ammunition and Rockets, as well as tactical and combat vehicles such as Panzer and Tank. the latest, the Medium Tank Tiger chain wheel has supported the needs of the TNI and Polri and for Commercial. This study aims to explain and analyze the dynamics of the Security Dilemma and Arms Race that happen in Southeast Asia, as well as Indonesia's involvement in this phenomenon so as to enhance the ability of Indonesia's domestic defence industry. Pages 214 to 226 |
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Musyawarah Mufakat Indigenous Version of Minangkabau in Dispute Settlement Waqf Communal Land in West Sumatera Zaharaa, Yulia Mirwatib, a,bFaculty of Law, Universitas Andalas, Padang, Indonesia, Email: azaharatanjung@yahoo.com, byuliamirwati@gmail.com Typical deliberations in Minangkabau have been patterned in their customary legal systems, both “Kotopiliang and Bodicaniago” customs. The implementation began with a meeting in the house of Gadang, in “Balairung suku”, followed by the new Traditional Density of the Nagari (KAN). The norms used are Customs of “Basandi Syarak and Syarak Basandi Kitabullah“(ABSSBK), “Syarak Mangato Adat Mamakai”. Settlement of adat disputes is usually related to Sako and Pusako, one of which is the ulayat land. Land Ulayat is owned by communal customary community groups, with the concept of "jua indak dimakan bali, gadai indak dimakan sendo" meaning it cannot be traded and also cannot be mortgaged except with strict conditions. In the National Law, Ulayat lands are regulated separately in agrarian reform as stated in Article 3 of the UUPA. Article 3 of the UUPA is one of the characteristics of the type of land rights with a communal not a collective concept. Conceptually, the recognition of customary rights is only limited to the recognition in the main provisions of the UUPA so that the implementation is carried out with local interpretation, this does not cause disputes but can stimulate conflicts of norms, concepts, values and interests. Pages 227 to 241 |
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The development of Indonesian State Concerns before and After Amendment to the 1945 Constitution Sudi Fahmia, Adrian Faridhib, Hasnatic, a,b,cFaculty of law Universitas Lancang Kuning Pekanbaru, Email: asudifh@unilak.ac.id, badrian@unilak.ac.id, chasnati@unilak.ac.id, The state of Indonesia is a state of law, which experienced the development of state administration before and after the 1945 Amendments. Changes in the governmental system from presidential to parliamentary and vice versa occured in the history of Indonesian state administration. The method used is a type of normative research. The formulation of the problem examined concerns the development of the Indonesian state administration before and after the amendment of the 1945 Constitution. The results of the research detail the Indonesian constitutional system after the amendment to the 1945 Constitution that has undergone very fundamental changes. These changes also affected the structure and structural mechanism of the organs of the Republic of Indonesia which could no longer be understood by old ways of thinking. Many new ideas were adopted within the framework of the 1945 Constitution. Pages 242 to 256 |
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Indirect Victim Position in Corrupt Criminal Acts Wessy Trisnaa*, Alvi Syahrinb, Syafruddin Kaloc, Hamdand, a,b,c,dDoctoral Program of Law, Universitas Sumatera Utara, Medan, Indonesia, 20155, Email: a*wessy_trisna@yahoo.com Corruption criminal acts are very disliked by society and the country, because the impact can inflict enormous losses for the country's economy and undermine the development of good governance. In criminal acts of corruption, the victim can be classified into 2 (two) sections: (Direct Victims) and (Indirect Victims). One of the obstacles faced is the unclear rule of law governing the claims of indirect victims in criminal acts of corruption against the loss of social and economic rights arising from and as a result of perpetrators of criminal acts of Corruption. Pages 257 to 271 |
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Dispute Settlement Mechanism between ASEAN States following the ASEAN Charter Delfiyantia, aInternational Law Department of Law Faculty, Andalas University, Email: adelfiyanti@law.unand.ac.id The Bangkok Declaration of 1967 had long been the main juridical instrument for ASEAN member states until the ASEAN Charter was adopted in 2007 at the 13th ASEAN Summit at Singapore. The Charter remained valid only until December 15th, 2008 when member states ratified it to act as a regional block for legal cases. However, the relationship between ten member states of ASEAN was not always cordial. There were disputes on regular basis about border or territorial annexation as in the case of Malaysia-Singapore at Batu Pateh, and Thailand-Cambodia border issue. Therefore, the need to devise a consistent, robust method of settlement of such disputes between ASEAN member states arose. The 2008 ASEAN Charter explains various methods of dispute settlement among member states, drawing attention to several articles of the Charter. The Charter also reiterated the need for a comprehensive analysis of the dispute settlement model regulated by the ASEAN Charter to ensure that it is acceptable to all parties concerned. This study demonstrates the implementation of the provisions of the ASEAN Charter as well as those of the Treaty of Amity and Cooperation in South-East Asia (TAC) which dealt with economic, legal and political disputes of the ASEAN nations. Pages 272 to 282 |
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Dispute Resolution Registration of Communal Land in the Complete Systematic Land Registration (PTSL) in West Sumatra Yulia Mirwatia, Neneng Oktarinab, a,bFaculty of Law, Andalas University, Padang, Indonesia, Email: ayuliamirwati@gmail.com, bnenengoktarina@rocketmail.com Article 3 of the UUPA concerning land rights to land is still being discussed, whether or not a guarantee of legal rights to land is still being discussed. With regard to Agrarian Reform in Indonesia, one of its objectives is to provide legal certainty of land rights for the Indonesian people. The legal certainty of land rights must be carried out clearly using the concept of customary law (Article 5 of the UUPA ) through Land Registration (Article 19 of the UUPA). Article 19 of the UUPA, states the obligation to register land without mentioning exceptions to communal land. This is then confirmed by the provisions of the implementation of land registration based on PP 24 of 1997, which confirms that the object of land registration (Article 9 PP 24 of 1997) does not include communal land. In the implementation of land registration in West Sumatra that was formerly known as the Minangkabau area, the provisions of PP 24 Year 1997 for communal land caused conflicts that have been prolonged to date. Added to this is the accelerated land registration program through the Complete Systematic Land Registration (PTSL), which also registers land with communal land types. In this case, it needs to be studied and examined in depth concerning the resolution of the dispute. This research was conducted empirically and normatively, then analysed qualitatively, with inductive patterns, which were arranged systematically from empirical and normative data. Pages 283 to 298 |
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Legal Protection of Doctors as Health Services Providers: Implementing the Balance Principle in Indonesia Yussy Adelina Mannasa, Efa Laela Fakhriahb, aLaw Faculty, Andalas University, bLaw Faculty, Padjadjaran University, Email: ayussymannas@yahoo.com, befalaela@yahoo.co.id The rising number of medical dispute cases in healthcare indicates that patients are no longer passive healthcare users. Dispute cases arise due to the concept of malpractice, where medical risk is not fully understood by law enforcement. Therefore, when a post-medical emergency occurs, the patient community, through the power of media and press and other patient protection agencies, lean to malpractice and sue the doctors and hospital. Such malpractices are not rectified by law enforcement agencies, who put aside material evidence and aspects of medical risks during a trial, in pursuit of the public sense of justice. MKDKI is authorized to determine whether there is a mistake in the application of medical discipline. But it too fails to stop these malpractices. This study aimed to determine the applicable legal protection to doctors, based on the Pancasila legal system in Indonesia. It claims that as a legal party, both doctors and patients should have equal legal protection which for doctors is guaranteed by law. The research method used was normative juridical. It employed secondary data through a literature study technique, and used a conceptual approach to further analyse qualitative descriptive data. The results of research indicate the necessity of applying a balance principle, to ensure legal protection for doctors in several respects: communication patterns, agreements, medical audits, their position, and dispute resolution. The involvement of MKDKI in a medical dispute must be a necessity, not an option, for the creation of legal protection and to promote justice. Pages 299 to 308 |
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The Urgency of Intellectual Property Rights (IPRs) in Higher Education Zulfikri Toguana, Heni Susantib aLecturer in the Faculty of Law, Universitas Islam Riau Pekanbaru Jl. Kaharuddin Nasuition No. 113 Marpoyan Stop in Pekanbaru 28284, Email: azulfikripohan@law.uir.ac.id, bheni@law.uir,ac,id Qualified researchers and lecturers with Intellectual Property Rights (IPR) certification, working in higher education (according to article 20 of Law Number: 20 of 2003, concerning the National Education System) are required to conduct research. The public and the industrial world can use the results of these studies. Between 2012 and 2018, Riau Islamic University has succeeded in publishing a great deal of research, yet there are no patent rights. How can the potential for IPR certification be achieved, and what needs to be done to increase the chances of IPR certification? These are the two issues that guide this research. The implementation of this research was due to the support of the UIR Rector through lecturer research activities organized by research and community service institutions. It is hoped that these results can add to the literature in the development of science in the field of IPR and might offer further input for UIR leaders in policy-making aimed at improving the research results of lecturers who obtain IPR certificates. The output of this study may explain the results of research at the Research Institute and Community Service of the Riau Islamic University; at least once, there has been published in an accredited National Journal. This type of legal research is empirical normative, which concerns the examination of the behavior of the community (UIR research lecturers) towards the laws governing IPR issues, and the results will be disclosed descriptively. The approaches taken in this study are the statutory approach, the conceptual approach, and the applied approach. Data was obtained from library materials and directly from the study site, in the form of interviews and questionnaires. The data was then analyzed inductively, from general matters to specific matters using analytical descriptive and intensification methods (development of the interpretation of laws and regulations). The results showed that the potential of UIR in obtaining IPR was quite large since there were 1,025 research reports from 2012-2018 that had been reported to research and community service institutions and were classified into two parts. Potential patents for the exact sciences were 223 and non-exact as many as 802 of that number turned out to be only 5 with potential IPR patent category and the rest are only non-patent (copyright), the potential weaknesses are general there is no patent rights. Pages 309 to 327 |
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Prospects of Industrial Relations Court Complete Employment Disputes in Indonesia in the ASEAN Economic Community (MEA) Agus Mulya Karsonaa, Sherly Ayuna Putrib, Efa Laela Fakhriahc, a,b,cFaculty of Law Padjadjaran University Indonesia, Email: aagus.karsona@gmail.com, bsherly.ayunaputri@yahoo.com, cefa.laela@yahoo.co.id Industrial relations is relative interest between workers and entrepreneurs is backed by differences or disagreements between two parties. The legislation to resolve labour disputes is indispensable. Industrial relations disputes are disagreements that result in conflicts between entrepreneurs, or joint entrepreneurs with workers/labourers or trade unions/unions due to disputes over rights, conflicts of interest, disputes of termination of employment and disputes between workers/trade unions in one company. The Industrial Relations Court replaced the Labour Dispute Resolution committee, with changes to labour dispute resolution mechanisms, so that the dispute resolution process could be implemented quickly, precisely, fairly and in an inexpensive manner following the development of industrialisation and the scientific era. The Industrial Relations Court is a special tribunal formed in the environment of the state court which is authorised to examine, prosecute and provide verdicts against industrial relations disputes. Settlement of industrial relations disputes should be implemented quickly. This is because it is necessary for the production process to create harmonious industrial relations. In order to face the ASEAN Economic Community era (AEC) there is a need to prepare an Industrial relations court that is able to resolve employment disputes arising in the era of globalisation. The problem raised is in relation to the prospects and readiness of the Industrial Relations Court in resolving employment disputes globally in the ASEAN Economic Community era. Pages 328 to 345 |