International Conference Towards Humanity Justice for Law Enforcement and Dispute Settlement

The Enforcement of Progressive Law: Optimizing Alternative Dispute Resolution as the Implementation of Pancasila Values

I Gede Agus Kurniawan — Mon, 12 Dec 2022 00:00:00 +0000

Progressive law is a holistic legal idea. Progressive law views law as a series of rules and behavior. In practice, progressive law also mandates the implementation of alternative dispute resolutions. Alternative dispute resolution is expected to strengthen the value of the dispute so that it is more substantive and able to reconcile the parties. This study aims to explore the nature of progressive law enforcement and provide prescriptions related to progressive law enforcement that prioritizes Pancasila values, one of which is through the application of alternative dispute resolution. This research is normative legal research. Normative legal research seeks to place the law as part of society's norms based on values. The primary legal materials in this study are the 1945 Constitution of the Republic of Indonesia, Law no. 48 of 2009 concerning Judicial Power, and Law no. 30 of 2009 concerning Arbitration and Alternative Dispute Resolution. Secondary legal materials include various research and studies on alternative dispute resolution and progressive law. The non-legal material in this research results from a study on the philosophy of Pancasila, especially those relevant to law enforcement practices. The approach in this study uses a conceptual approach and legislation. The study's results confirm that the essence of progressive law enforcement is that progressive law enforcement emphasizes the nature and character of the law that is constantly evolving, emphasizes humanitarian attitudes, dares to act out of the box, and always prioritizes spiritual in addition to philosophical considerations. Alternative dispute resolution as the implementation of progressive law and Pancasila values ??is needed to maintain community family values ??and strengthen the value of local wisdom in resolving disputes in the community.

Pensertipikatan Tanah Adat Di Bali Setelah Desa Adat Sebagai Subjek Hak Komunal

Anak Agung Ayu Intan Puspadewi — Mon, 12 Dec 2022 00:00:00 +0000

Desa adat in Bali are appointed by the Minister of agrarian affairs as subjects of communal rights, then customary village lands can be registered for land registration. Based on these problems, the formulation of the problem that can be drawn is how the role of customary villages in land registration after customary villages are designated as subjects of communal rights and how is the process of registering land for customary lands in Bali after customary villages are designated as subjects of communal rights. The type of research used in this writing is normative legal research. The types of approaches used are the statutory approach, the concept approach and the analysis approach. The sources of legal materials used are primary, secondary and tertiary, and the techniques for collecting legal materials used are descriptive and systematic. The conclusion in this paper is that the role of customary villages is to provide socialization to customary village customs about customary land registration in Bali and play a role in assisting the government in collecting physical data and juridical data for land registration. The process of registering customary land in Bali is carried out according to the land registration process based on land registration regulations in Indonesia and produces a land certificate consisting of two subjects, namely the subject of the right holder and the subject to be occupied and utilized.

Alternatif Penyelesaian Sengketa Jasa Keuangan Melalui LAPS-SJK : Perspektif Kepastian Hukum

Bagus Gede Ari Rama — Mon, 12 Dec 2022 00:00:00 +0000

OJK as an independent institution that regulates and supervises the financial services sector is obliged to protect consumers in the financial services sector, one of which is through alternative dispute resolution. This study aims to analyze legal certainty and legal protection related to alternative dispute resolution in the financial services sector. This study uses a Nomorrmative legal research method with a statutory approach and a historical approach. This study found that alternative dispute resolution in the financial services sector was initially regulated in POJK Number 1/POJK.07/2014, then integration was carried out through the formation of LAPS-SJK regulated in POJK Number 61/POJK.07/2020 concerning Alternative Settlement Institutions Financial Services Sector Disputes.

Perlindungan Hukum Motif Tradisional Perak Bali Dalam Kerangka Hak Cipta

Kadek Julia Mahadewi, Dewa Krisna Prasada, Ni Putu Sawitri Nandari — Mon, 12 Dec 2022 00:00:00 +0000

The traditional silver motif is one of the works that is protected by Law Number 28 of 2014 concerning Copyright in the regulation of articles 38 and 40. Traditional motifs are images of several forms that are stylized or styled by artists into a form. Traditional motifs in several species, bouquets, rocks, flowers and leaves. The protection and implementation is still not optimal, this is what happened which was claimed by the claims made by foreign nationals who were carried out on the copyrighted works of traditional motifs, for example the case of claims between PT Karya Tangan Indah and Ketut Denny Aryasa and the Case of Desak Suarti and Lois Hill. classified as traditional cultural expressions in the form of artistic and cultural expressions whose ownership is not known but is protected by the State. Method The writing of this research is an empirical research method with a legal approach and an approach to facts in the field. The results of this study there is no awareness from the maker of the importance of understanding copyright, copyright protection and registration of copyrighted works, the role of the government in protecting copyrighted works of the creator's motives is unknown. It is necessary to study the importance of legal protection in copyrighted works so that there will be no lawsuits against copyrighted works that are communal and individual. Legal protection can also be carried out by makers in a preventive and repressive manner. The strategic steps that need to be taken by the Government are to identify traditional motifs whose ownership is not yet known based on culture, so that the Director General of Intellectual Property Rights requires an inventory of cultural products that are communal in nature and socialization of their protection.

Community Participation in Supporting The Development Of Future Generation Rights Principles Towards Sustainable International Environmental Law Enforcement

I Gusti Ayu Eviani Yuliantari — Mon, 12 Dec 2022 00:00:00 +0000

Human life will never be separated from the environment. Given the urgency of the environment that provides enormous benefits for the development of human life, it is also important to maintain the sustainability of the environment itself. Utilization of natural resources by humans must be done wisely so as to be able to maintain the sustainability of the environment. However, it is very unfortunate that what is happening to the environment in the world is one of the world's biggest obstacles. Often humans use natural resources provided by the environment in an unwise way, in the sense that humans are too greedy in utilizing natural resources obtained from the environment. This raises a lot of environmental disputes even in the international world related to the use of natural resources by humans themselves. The problem of protecting and managing environmental law that often occurs is not only the responsibility of the government in its enforcement, but the participation of the community also plays an important role. So that in this study the author raises the issue of how the participation of the community in supporting the development of the principle of the rights of future generations towards the enforcement of environmental law. environment, especially with regard to community participation related to sustainable environmental law enforcement. Then based on this it is very important to provide awareness to the public to take an active role in enforcing environmental law. In international instruments the rights of future generations are very much needed in the enforcement of environmental law because by prioritizing these rights, the community is obliged to play an active role in environmental protection and management towards sustainable development.

Online Fraud Law in Indonesia: Enforcement Challenges and Future Solutions

Luh Putu Yeyen Karista Putri — Mon, 12 Dec 2022 00:00:00 +0000

Online fraud is an imminent threat to internet users. While some considered it as a low-priority crime, the number of cases and financial impacts for the victims are devastating. Furthermore, inefficiency in the justice system hinders fraud victims from obtaining restitution. Consequently, many online fraud actors are left unpunished. This study seeks to unravel weaknesses in the enforcement related to online fraud in Indonesia. In addition, this study also provides practical solutions emphasizing on restorative justice. This study uses normative legal research methods by analyzing laws and regulations as primary legal sources supplemented by relevant journal articles. The study identifies two factors that hinder online fraud enforcement inter alia: the capacity of law enforcement and justice inefficiency. The proposed solutions to enhance law enforcement related to online fraud namely: building responsive online fraud reporting system, collaboration and information sharing with Fraud Justice Networks, using cutting edge tools, and improving personnel’ skills and competence. Lastly, the law maker must enable online fraud victims to access restitution provided under Witnesses and Victim Protection Law.

Kedudukan Perempuan Sebagai Ahli Waris Berdasarkan Keputusan Pesamuhan Agung III MUDP 2010 Di Kecamatan Marga, Kabupaten Tabanan

Mon, 12 Dec 2022 00:00:00 +0000

The majority of people in the Marga Subdistrict of Tabanan Regency follow the patrilineal lineage system, but if you only have one or more than 1 (one) daughter, the marriage is a nyentana marriage. Although the position of boys in Hindu society appears to be more dominating in terms of family management and inheritance, it is possible for parents to give their daughters, known as Stridhana or Jiwadhana, a portion of the income generated during marriage. Based on this context, the authors formulated the problem as follows: What is the situation of women as heirs who marry out in Marga District, Tabanan Regency, based on the Supreme Court III MUDP 2010 decision? The theory of legal function was employed in this study. Empirical legal research approaches are used in this paper. The findings of this study support Roscou Pound's thesis of legal function, which states that law is a weapon for manipulating society. The 2010 MUDP Bali ruling was used to deceive the community, which had previously ignored women's rights as heirs, so that they could now be awarded in the form of gunakaya Assets. Several families in the village of Marga Subdistrict, Tabanan Regency, left an inheritance after 2010.

Penerapan Diversi Dalam Tindak Pidana Anak

Dewa Ayu Putri Sukadana — Mon, 12 Dec 2022 00:00:00 +0000

This study aims to analyze the application of diversion in restorative justice in juvenile crimes. The type of research carried out is descriptive research with the type of normative legal research related to the application of diversion in restorative justice in the system of implementing diversion of children who are in conflict with the law in juvenile offences, which is the implementation of the system and restorative justice to provide justice and legal protection to children who experience legal issues without neglecting the criminal responsibility of the child. Diversion here is not a peaceful effort between children who have legal problems with victims or their families, but a form of punishment for children who have legal problems with non-formal means.