Search results for: Indonesian legal system
18710 The Role of the Indonesian Armed Forces to Combat Terrorism Acts During the COVID 19 Pandemic Era
Authors: Aulia Rosa Nasution
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This research aims to analyze the involvement of the Indonesian Armed Forces in overcoming terrorism acts under legal perspectives based on Acts No. 34 of 2004, which regulates the role and mechanism of the Indonesian Armed Forces in combating terrorism. The main question of this research is, firstly, the military authority in combating terrorism acts, secondly, the implementation of Acts Number 34/2000, and thirdly, law enforcement to combat terrorism under national and international law. The methodology of this research is juridical normative based on the legal instruments and legal principles, and international norms. The result of this study explains the involvement of the Indonesian Army in combating terrorism as a part of the nonmilitary operation which has been implemented in Indonesia as part of national defence and security.Keywords: acts of terrorism, Indonesian armed forces, legal protection
Procedia PDF Downloads 10818709 Legal Interpretation of the Transplanted Law
Authors: Wahyu Kurniawan
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Indonesia developed the legal system radically since 1999. Several laws have been established and mostly the result of transplantation. Laws were made general but legal problems have been growing. In the legal enforcement, the judges have authority to interpret the laws. Authority and freedom are the source of corruption by the courts in Indonesia. Therefore, it should be built the conceptual framework to interpret the transplanted laws as the legal basis in deciding the cases. This article describes legal development based on interpretation of transplanted law in Indonesia by using the Indonesian Supervisory Commission for Business Competition (KPPU) decisions between 2000 and 2010 as the object of the research. The study was using law as a system theory and theories of legal interpretation especially the static and dynamic interpretations. The research showed that the KPPU interpreted the concept that exists in the Competition Law by using static and dynamic interpretation. Static interpretation was used to interpret the legal concepts based on two grounds, minute of meeting during law making process and the definitions that have been recognized in the Indonesian legal system. Dynamic interpretation was used when the KPPU developing the definition of the legal concepts. The general purpose of the law and the theories of the basis of the law were the conceptual framework in using dynamic interpretation. There are two recommendations in this article. Firstly, interpreting the laws by the judges should be based on the correct conceptual framework. Secondly, the technique of interpreting the laws would be the method of controlling the judges.Keywords: legal interpretation, legal transplant, competition law, KPPU
Procedia PDF Downloads 33618708 The Expanding Role of Islamic Law in the Current Indonesian Legal Reform
Authors: Muhammad Ilham Agus Salim, Saufa Ata Taqiyya
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In many Muslim countries, secularization has successfully reduced the role of Islamic law as a formal legal source during this last century. The most obvious fact was the reform of Daulah Utsmaniyah to be Secular Republic of Turkey. Religion is strictly separated from the state authorities in many countries today. But these last decades in Indonesia, a remarkable fact is apparent. Islamic law has expanded its role in Indonesian legal system, especially in districts regulations. In Aceh province, as a case in point, shariah has been the basic source of law in all regulations. There are more provinces in Indonesia which adopted Islamic law as a formal legal source by the end of 2014. Different from some other countries which clearly stipulates the status of Islam in formal ways, Indonesian constitution formally does not render any recognition for Islam to be the formal religion of the state. But in this Muslim majority country, Islamic law takes a place in democratic way, namely on the basis of the voice of majority. This paper will analyze how this reality increases significantly since what so called by Indonesian reformation era (end of nineties). Some causes will be identified regarding this tendency of expansion of role. Some lessons learned also will be recommended as the concluding remarks by the end of the paper.Keywords: Islamic law, Indonesia, legal reform, Syariah local regulation
Procedia PDF Downloads 34718707 Formulation Policy of Criminal Sanction in Indonesian Criminal Justice System
Authors: Dini Dewi Heniarti
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This One of criminal sanctions that are often imposed by the judge is imprisonment. The issue on the imposition of imprisonment has been subject of contentious debate and criticism among various groups for a long time. In practice, the problematics of imprisonment lead to complicated problems. The impact of the reckless imposition of the imprisonment includes among others overcapacity of the correctional institution and increasing crimes within the correctional facilities. Therefore, there is a need for renewal of the existing condemnation paradigm, considering the developing phenomena associated with the penal imposition. Imprisonment as one element of the Indonesian penal system is an important and integral part of the other elements. The philosophy of the current penal system, which still refers to the Criminal Code, still carries the values of retaliation and fault-finding toward the offender. Therefore, it is important to reconstruct a new thought in order to realize a penal system that is represented in the formulation of a more humanistic criminal sanctionKeywords: criminal code, criminal sanction, Indonesian legal system, reconstruction of thought
Procedia PDF Downloads 22418706 Government Policy over the Remuneration System of The Board of Commissioners in Indonesian Stated-Owned Enterprises
Authors: Synthia Atas Sari
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The purpose of this paper is to examine the impact of reward system which determine by government over the work of Board of Commissioners to implement good corporate governance in Indonesian state-owned enterprises. To do so, this study analyzes the adequacy of the remuneration, the job attractiveness, and the board commitment and dedication with the remuneration system. Qualitative method used to examine the significant features and challenges to the government policy over the remuneration determination for the board of commissioners to their roles. Data gathered through semi-structure in-depth interview to the twenty-one participants over nine Indonesian stated-owned enterprises and written documents. Findings of this study indicate that government policies over the remuneration system is not effective to increase the performance of board of commissioners in implementing good corporate governance in Indonesian stated-owned enterprises due to unattractiveness of the remuneration amount, demotivate active members, and conflict interest over members of the remuneration committee.Keywords: reward system, board of commissioners, stated-owned enterprises, government policy
Procedia PDF Downloads 32918705 Melodic and Temporal Structure of Indonesian Sentences of Sitcom "International Class" Actors: Prosodic Study with Experimental Phonetics Approach
Authors: Tri Sulistyaningtyas, Yani Suryani, Dana Waskita, Linda Handayani Sukaemi, Ferry Fauzi Hermawan
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The enthusiasm of foreigners studying the Indonesian language by Foreign Speakers (BIPA) was documented in a sitcom "International Class". Tone and stress when they speak the Indonesian language is unique and different from Indonesian pronunciation. By using the Praat program, this research aims to describe prosodic Indonesian language which is spoken by ‘International Class” actors consisting of Abbas from Nigeria, Lee from Korea, and Kotaro from Japan. Data for the research are taken from the video sitcom "International Class" that aired on Indonesian television. The results of this study revealed that pitch movement that arises when pronouncing Indonesian sentences was up and down gradually, there is also a rise and fall sharply. In terms of stress, respondents tend to contain a lot of stress when pronouncing Indonesian sentences. Meanwhile, in terms of temporal structure, the duration pronouncing Indonesian sentences tends to be longer than that of Indonesian speakers.Keywords: melodic structure, temporal structure, prosody, experimental phonetics, international class
Procedia PDF Downloads 29818704 The Syntactic Features of Islamic Legal Texts and Their Implications for Translation
Authors: Rafat Y. Alwazna
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Certain religious texts are deemed part of legal texts that are characterised by high sensitivity and sacredness. Amongst such religious texts are Islamic legal texts that are replete with Islamic legal terms that designate particular legal concepts peculiar to Islamic legal system and legal culture. However, from the syntactic perspective, Islamic legal texts prove lengthy, condensed and convoluted, with little use of punctuation system, but with an extensive use of subordinations and co-ordinations, which separate the main verb from the subject, and which, of course, carry a heavy load of legal detail. The present paper seeks to examine the syntactic features of Islamic legal texts through analysing a short text of Islamic jurisprudence in an attempt at exploring the syntactic features that characterise this type of legal text. A translation of this text into legal English is then exercised to find the translation implications that have emerged as a result of the English translation. Based on these implications, the paper compares and contrasts the syntactic features of Islamic legal texts to those of legal English texts. Finally, the present paper argues that there are a number of syntactic features of Islamic legal texts, such as nominalisation, passivisation, little use of punctuation system, the use of the Arabic cohesive device, etc., which are also possessed by English legal texts except for the last feature and with some variations. The paper also claims that when rendering an Islamic legal text into legal English, certain implications emerge, such as the necessity of a sentence break, the omission of the cohesive device concerned and the increase in the use of nominalisation, passivisation, passive participles, and so on.Keywords: English legal texts, Islamic legal texts, nominalisation, participles, passivisation, syntactic features, translation implications
Procedia PDF Downloads 21718703 Translation and Legal Terminology: Techniques for Coping with the Untranslatability of Legal Terms between Arabic and English
Authors: Rafat Alwazna
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Technical lexicon is witnessing a large upsurge in the use of new terminologies whose emergence is an inevitable result of the spread of high-quality technology, the existence of scientific paradigms and the fast growth of research in different disciplines. One important subfield of terminology is legal terminology, which forms a crucial part of legal studies, and whose translation from one legal system into another is deemed a formidable and arduous task that needs to be properly performed by legal translators. Indeed, the issue of untranslatability of legal terms, particularly between originally unrelated languages, like legal Arabic and legal English, has long been a real challenge in legal translation. It stems from the conceptual incongruency between legal terms of different legal languages, which are derived from different legal cultures and legal systems. Such conceptual asymmetry is owing to the fact that law has no universal reference and that legal language is what determines the degree of difference in conceptual correspondence. The present paper argues that although conceptual asymmetry, which is the main reason for the issue of untranslatability of legal terms, cannot be denied in legal translation, there exist certain translation techniques which, if properly adopted, would resolve the issue of untranslatability of legal terms and therefore achieve acceptable legal translation. Hence, the question of untranslatability of legal terms should no longer exist within the context of legal translation.Keywords: conceptual incongruency, Legal terms, translation techniques, untranslatability
Procedia PDF Downloads 18518702 Implementation of Maqasid Syari'ah in the Concept of Reforming the Indonesian Marriage Law Based on Gender Equality: Study of the Counter Legal Draft Compilation of Islamic Law
Authors: Nirmalasanti Pramesi
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In 2004 the CLD KHI Team offered several new ideas in the field of Islamic family law, such as marriage, inheritance (waris), and waqf. The new idea is based on six main principles; pluralism, nationality, human rights, democracy, maslahah, and gender equality. However, the existence of this has actually caused various criticisms, appreciations, and controversies. For this reason, CLD-KHI, as the idea of reforming family law, especially in the field of marriage, really needs to be studied academically with a comprehensive method as an unfinished problem. The main issues examined in this study are what are the ideas for reforming the law of marriage that have been formulated by the CLD KHI team, as well as how to implement Maqasid Sharia in legal reform. The methodology used in this research is a qualitative method with a normative-empirical-sociological approach. The results of this research show every substance of the idea considers aspects of locality, nationality, and global ethics. The Maqasid approach used in most of the legal provisions is moderate (wasati). Meanwhile, in matters of wali niqah and inheritance, it is adjusted to the context of Indonesian society.Keywords: Maqasid syari'ah, CLD KHI, marriage law reform, moderate
Procedia PDF Downloads 18318701 The Impact of Board Structure to the Roles of Board of Commissioners in Implementing Good Corporate Governance at Indonesian State-Owned Enterprises
Authors: Synthia Atas Sari, Engkos Achmad Kuncoro, Haryadi Sarjono
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The purpose of this paper is to examine the impact of reward system which is determined by government over the work of Board of Commissioners in implementing good corporate governance in Indonesian state-owned enterprises. To do so, this study analyses the adequacy of the remuneration, the job attractiveness, and the board commitment and dedication with the remuneration system. Qualitative method used to examine the significant features and challenges to the government policy over the remuneration determination for the board of commissioners to their roles. Data are gathered through semi-structure in-depth interview to the 21 participants over 10 Indonesian stated-owned enterprises and written documents. Findings in this study indicate that government policies over the remuneration system is not effective to increase the performance of board of commissioners in implementing good corporate governance in Indonesian state-owned enterprises due to unattractiveness of the remuneration amount, demotivate active members, and conflict interest over members of the remuneration committee.Keywords: reward system, board of commissioners, state-owned enterprises, good corporate governance
Procedia PDF Downloads 37718700 Indonesian Marriage Law Reform: A Doctrinal Research to Find the Way to Strengthen Children's Rights against Child Marriage
Authors: Erni Agustin, Zendy Prameswari
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The Law Number 1 Year 1974 on Marriage was issued by Indonesian Government to replace the old marriage law stipulated in Burgerlijk Wetboek inherited from the Dutch colonial. The Law defines marriage as both physical and mental bond between a man and a woman as husband and wife with the purpose to form a harmonious family based on deity. Marriage shall be conducted when determined requirements are met based on the Law. Article 7 of the Law Number 1 Year 1974 stipulates the minimum age requirement to enter into marriage, which is 19 years for men and 16 years for women. This stipulation is made to make the marriage achieve the true goal to form a happy, eternal and prosperous family. It is expected at that age, each party has a mature soul and physic. However, it is possible for those who have not reached the age to enter into marriage if there is a dispensation granted by the courts or other official designated by the parents of each party in the marriage. As many other countries in the world, Indonesia has serious problems linked with the child or underage marriage. Indonesia is one of the countries with the highest absolute numbers of child marriage. In 2012, a judicial review was filed to the Constitutional Court against the provisions of the minimum age limit in the Law Number 1 Year 1974 on Marriage. The appeal was filed in order to raise the limit of minimum age for women from 16 years to be 18 years. However, the Constitutional Court considered that the provisions on the minimum age in the Law Number 1 Year 1974 on Marriage is constitutional. At the international level, Indonesia has participated in the formulation of variety of international human rights instrument which have an impact on children, and is a party to a number of them. Indonesia ratified the CRC through Presidential Decree of the Republic of Indonesia Number 36 Year 1990 on 5 September 1990. This paper attempts to analyze three main issues. Firstly, it will scrutinize the ratio legis of the stipulation on minimum age requirement to enter into marriage in the Law Number 1 Year 1974 on Marriage. Secondly, it will discuss the conformity of Indonesian marriage law to the principles and provisions on the CRC. Last, this paper will elaborate the legal measures shall be taken to strengthen the legal protection for children against child marriage. This paper is a doctrinal research using statute, conceptual and historical approaches. This study argues that The Law-making of Indonesian marriage law influenced by religious values that live in Indonesia. With regard to the conformity of Indonesian marriage law with the CRC, Indonesia is facing the issue of the compatibility of its respective national law with the CRC. Therefore, the legal measures that have to be taken are to review and amend the Indonesian Marriage Law to provide better protection for the children against underage marriage.Keywords: child marriage, children’s rights, indonesian marriage law, underage marriage
Procedia PDF Downloads 19518699 Comparison of Buyback Contracts and Concession Regimes in the Regime of the Common Law System and the Islamic Legal Regime
Authors: Javid Zarei
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International buyback contracts are a type of contract service. These kinds of contracts are the most important instrument for attracting foreign investors in accordance with Iran's laws. These contracts have been the basis of commercial and economic relations between Iran and foreign companies for about 30 years. The legal structure of this type of contract has gradually evolved, so today, an advanced generation of it under the title of Iran Petroleum Contract is being used in the industry of Iran. This article has analytically examined the issue of Iran's commercial contracts in the oil industry and contracting services and allocated sections to examine the strengths and weaknesses of these oil contracts. Also, this research is an attempt to examine and compare the Concession regime with the Buyback contracts, each of which is derived from the common law legal system and the Islamic legal system, respectively.Keywords: buyback contracts, concession regime, ownership, common law legal system, Islamic legal system of Iran
Procedia PDF Downloads 7518698 Unsupervised Sentiment Analysis for Indonesian Political Message on Twitter
Authors: Omar Abdillah, Mirna Adriani
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In this work, we perform new approach for analyzing public sentiment towards the presidential candidate in the 2014 Indonesian election that expressed in Twitter. In this study we propose such procedure for analyzing sentiment over Indonesian political message by understanding the behavior of Indonesian society in sending message on Twitter. We took different approach from previous works by utilizing punctuation mark and Indonesian sentiment lexicon that completed with the new procedure in determining sentiment towards the candidates. Our experiment shows the performance that yields up to 83.31% of average precision. In brief, this work makes two contributions: first, this work is the preliminary study of sentiment analysis in the domain of political message that has not been addressed yet before. Second, we propose such method to conduct sentiment analysis by creating decision making procedure in which it is in line with the characteristic of Indonesian message on Twitter.Keywords: unsupervised sentiment analysis, political message, lexicon based, user behavior understanding
Procedia PDF Downloads 47318697 Indonesia's War on Terror and the Consequences on Indonesian Political System
Authors: Salieg L. Munestri
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War on Terror became a principal war after the 9/11 attacks on U.S. homeland. Instead of helping to build up worldwide efforts to condemn terror and suicide bombings, the U.S.-led war on terror has given opportunities for the vast spread of terror. In much of Muslim world recently, the Bush’s Doctrine pushing all nations to choose sides in a war that is not truly a war has resulted worse effects. In the world’s most populous Muslim nation, Indonesia, more terror occurred since then. Instead of reinforcing the well-trained anti-terror military forces, Indonesian government established US-funded Special Detachment 88 to guarantee the accomplishment of war on terror in Indonesia and significantly to bring impact on regional security atmosphere. Indonesia is a potential power in Asia but it lacked off sophisticated military equipments. Consequently, Indonesia agrees to become a U.S. mutual partner in combating terrorism managed by Defense Security Cooperation Agency. The formation of elite anti-terror forces and U.S. partnerships perform Indonesia’s commitment to take a position beside the U.S. in coping with terrorism issue. However, this undeniably brings consequences on Indonesian political athmosphere, which encourages the writer to dig deep the consequences on the domestic environment of Indonesian political system. The establishment of the elite forces has aroused fluctuations within government, chiefly Indonesian House, concerning the establishment urgency, the large amount of funding, and the unpleasant performances, particularly the treatment toward suspected terrorists. Hence, evaluation process upon the Detachment 88 is highly demanding.Keywords: anti-terror forces, Indonesia, political system, war on terror
Procedia PDF Downloads 34418696 Legal Pluralism and Land Administration in West Sumatra: The Implementation of the Regulations of Both Local and Nagari Governments on Communal Land Tenure
Authors: Hilaire Tegnan
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Land administration has always been a delicate issue in the history of nations, and Indonesia, a country where a significant number of the population lives a pastoral life is not exempt from this reality. This paper discusses land tenure issues in West Sumatra, an Indonesian province which is home to the Minangkabau people with their long existing village management system known as Nagari, established to settle disputes based on adat (custom) principles as well as to protect the rights of the community members. These rights include communal land (referred to as tanahulayat hereafter). Long before the Dutch occupation of Indonesian archipelago, the nagari government was vested with powers to regulate communal land in West Sumatra. However, this authority was constantly overlooked by the then Dutch colonial administration as well as the post-independence governments (both central and regional). To reinforce the Nagari government as the guardian of the customary law (hukumadat) and to specify its jurisdiction, the Regional Government of West Sumatra enacted two laws between 2000 and 2008: Law No. 9/2000 repealed by Law No. 2/2007 and Law No. 6/2008 on communal land tenure. Although these two laws provide legal grounds to address land issues across the region, land conflicts still prevail among West Sumatran populations due to unsynchronized and contradictory regulations. The protests against the army (Korem) in Nagari Kapalo Hilalang, against the oil palm company in Nagari Kinali, and against a cement factory in Nagari Lubuk Kilangan are cited in this paper as case references.Keywords: local government, Nagari government, Tanah Ulayat, legal pluralism, land administration
Procedia PDF Downloads 50218695 Harmonization of State Law and Local Laws in Coastal and Marine Areas Management
Authors: N. S. B. Ambarini, Tito Sofyan, Edra Satmaidi
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Coastal and marine are two potential natural resource one of the pillars of the national economy. The Indonesian archipelago has marine and coastal which is quite spacious. Various important natural resources such as fisheries, mining and so on are in coastal areas and the sea, so that this region is a unique area with a variety of interests to exploit it. Therefore, to preserve a sustainable manner need good management and comprehensive. To the national and local level legal regulations have been published relating to the management of coastal and marine areas. However, in practice it has not been able to function optimally. Substantially has not touched the problems of the region, especially concerning the interests of local communities (local). This study is a legal non-doctrinal approach to socio-legal studies. Based on the results of research in some coastal and marine areas in Bengkulu province - Indonesia, there is a fact that the system of customary law and local wisdom began to weaken implementation. Therefore harmonization needs to be done in implementing laws and regulations that apply to the values of indigenous and local knowledge that exists in the community.Keywords: coastal and marine, harmonization, law, local
Procedia PDF Downloads 34118694 First-Generation College Students and Persistence: A Phenomenological Study of Students’ Experiences in Indonesian Higher Education
Authors: Taufik Mulyadin
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The tuition reform for public colleges that the Indonesian government initiated and has implemented since 2013 resulted in the growing number of college students from low-income families, many of whose parents did not attend college. This study sought to examine the experiences of persistence for Indonesian first-generation college students in public universities utilizing social capital as a framework. It is a qualitative study with a phenomenological approach primarily to capture the essence of how Indonesian first-generation college students interpret, process, and experience their persistence during college years. Fifteen Indonesian young college graduates were involved as well as questionnaire and interview were employed for data collection in this study. It revealed certain themes from the experiences that first-generation college students attributed to their persistence: (a) family encouragement, (b) support from friends, (c) guidance from faculty and staff, (d) fund of knowledge they bring with them, (e) financial aid availability, and (f) self-motivation. By examining first-generation college students’ voices, Indonesian public universities can better support, engage, and retain this group of students who were historically struggled to persist in college and complete their degree.Keywords: first-generation student, Indonesian higher education, persistence, public universities
Procedia PDF Downloads 25718693 Implementation of Unclos 1982 on Capture Fisheries in the Case of Illegal Fishing in the Waters of Indonesia’s Exclusive Economic Zone
Authors: Habson Batubara, Patawari, Lisa Mery, Mohammad Syaichuddin, Sitti Faridah, Hamzah, Akmal, Abdul Gafur, Iman Sudrajad, Lideman, Yuani Mundaya, Kamaruddin, Muslimin, Herlina Jompa, Joula Sondack, Nani Undap, Suciati, Elisa Winanda, Arfandi Amin, Suciati
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This study aims to determine the status of the law, legislation, and its implementation against Foreign Nationals (WNA) Illegal Fishing Business Actors in the waters of the Indonesian Exclusive Economic Zone (EEZ), based on the Indonesian Positive Law and UNCLOS 1982. The research method used is normative juridical with a qualitative approach to study the Fisheries Criminal Verdict (Tipikan) and the Bitung District Court / Fisheries SIPP from 2019 to 2020. The results showed that cases of Illegal Fishing by Foreign Nationals (WNA) in the Indonesian Exclusive Economic Zone (EEZ) were examined, tried, and decided in accordance with the fisheries law, criminal sanctions were not in accordance with and contrary to Indonesian positive law, both criminal law and fisheries law, but followed and were in line with UNCLOS Year 1982. Legal status and responsibility are only imposed on the master as the leader on board the ship as the representative of the ship owner/company. Meanwhile, the application of Indonesia's positive law to Unclos in 1982 was only in the form of fines and confiscation of evidence as an effort to seek compensation for illegal fishing activities in the waters of the Indonesian Exclusive Zone (EEZ).Keywords: EEZ, illegal fishing, WNA, positive law, Unclos 1982
Procedia PDF Downloads 6118692 Constitutional Courts as Positive Legislators: The Role of Indonesian Constitutional Court in Interpreting and Applying the Constitution
Authors: Masnur Marzuki
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As in other democratic countries, the constitutional court of Indonesia has the role of interpreting and applying the Constitution in order to preserve its supremacy testing the constitutionality of statutes. With its strong power to enforce and guard the Constitution, the court is now challenged to provide people an opportunity to understand their constitutional rights close up. At the same time, the court has built up an enviable reputation among constitutional courts in new democracies for the technical quality of its legitimacy in the legal sense. Since its establishment in 2003, the Constitutional Court of Indonesia has decided more than 190 statutes in judicial review case. It has been remarkably successful to make a credible start on its work of guarding the Constitution. Unsurprisingly, many argue that the Court has elevated Indonesia’s democracy to a whole new level. In accomplishing its roles judicial review, the basic principle that can be identified is that the Constitutional Court must always be subordinated to the Constitution. It is not being allowed to invade the field of the legislator. In doing so, the court does not have any discretionary political basis in order to create legal norms or provisions that could not be deducted from the Constitution itself. When interpreting a statute “in accordance with the constitution”, the court recognizes and reasserts that it is strictly forbidden to extend the scope of a legal provision in such a way that would create a general norm not established by the law-maker. This paper aims to identify and assess the latest role of Indonesian Constitutional Court in interpreting and applying the Constitution. In particular, it questions 1) the role of the Constitutional Court in judicial review; and 2) the role of the court to assist the legislators in the accomplishment of their functions in order to preserve its supremacy testing the constitutionality of statutes. Concerning positive legislator, jurisprudential and judicial review theories will be approached. The empirical part will include qualitative and comparative research. Main questions to be addressed: Can the Constitutional Court be functionalized as positive legislator? What are the criteria for conducting role of Constitutional Courts as Positive Legislators and how can it be accepted? Concerning the subordination of Constitutional Courts to the Constitution and judicial review, both qualitative and quantitative methods will be used, and differences between Indonesia and German Constitutional Court will be observed. Other questions to be addressed: Can Constitutional Courts have any discretionary political basis in order to create legal norms or provisions that could not be deducted from the Constitution itself. Should the Constitutional Court always act as a negative legislator? However, the Constitutional Court in Indonesia has played role as positive legislators which create dynamic of Indonesian legal development. In performing the task of reviewing the constitutionality of statutes, the Constitutional Court has created legal norms or provisions that could be deducted from the Constitution itself.Keywords: constitution, court, law, rights
Procedia PDF Downloads 42318691 Cultural Adjustment Problems in Academic and Social Life Experienced by Indonesian Postgraduate Students Studying in London
Authors: Erizal Lugman
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An increasing number of students from Indonesia study in universities in the UK. Because of the substantial cultural differences between the Western and Indonesian cultures, this study investigates the issues in academic and social life experienced by Indonesian postgraduate students, with a sample of 11 Indonesian postgraduate students (8 male, 3 female) studying in London during the cultural adjustment stage. This research made use of a semi-structured interview and was analyzed qualitatively using thematic content analysis to reveal key areas of concern in the academic setting, social life, and language-related issues. The findings confirm that the most challenging aspects experienced by the participants are the use of academic English in academic situations and the students’ lack of critical thinking. Nine out of 11 students agreed that they had problems with writing essays during the cultural adjustment stage. Because of the collectivist culture in Indonesia, making friends with locals was the most concerning issue in the participants’ sociocultural adjustment, followed by difficulty in finding places to pray, looking for Halal food and using the Western toilet system The findings suggest recommendations that the students must be more aware of the cultural differences between Indonesian and Western cultures, including in the academic setting and social life. Also, the lecturers should pay more attention to their speech in the British accent which is sometimes difficult to understand.Keywords: academic adjustment, cultural adjustment, indonesian culture, intercultural communication
Procedia PDF Downloads 13318690 Readiness Analysis of Indonesian Accountants
Authors: Lisa Listiana
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ASEAN leader agreed to accelerate ASEAN Economic Community (AEC) implementation by 2015. The AEC Blueprint has set up obligations for its members to follow which include the establishment of (a) free trade in goods, according to ASEAN Free Trade Area: AFTA, (b) free trade in services, according to ASEAN Framework Agreement on Services: AFAS, (c) free trade in investment, according to ASEAN Comprehensive Investment Agreement: ACIA, (d) free capital flow, and (e) free flow of skilled labors. Consequently, these obligations bring both challenges and opportunities for its members. As accountant is included in the coverage of 8 skilled labors, the readiness of accounting profession to embrace AEC 2015 is pivotal. If Indonesian accountants do not accelerate their learning effort, the knowledge gap between Indonesian accountants and their international colleagues will only be worsened. This paper aims to analyze the current progress of AEC preparation and its challenges and opportunities for Indonesian accountants, and also to propose recommendation as necessary.Keywords: AEC, ASEAN, readiness, Indonesian accountants
Procedia PDF Downloads 43418689 From the Lack of Trust Law to a Controversial Judicial Case Law: Implications for Perfecting Vietnam’s Legal System
Authors: Le Bich Thuy
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A trust is an alien notion in Vietnamese law until 2021, which not only dissatisfies the practical demands of the nation’s civilians but also results in some detrimental shortcomings. The Judicial Case Law No 2 to be applied in adjudicating subsequent cases is a typical example of such negative consequences, implying a need for an application of trust law into Vietnam’s legal system. This paper first presents the similarity in nature between parties’ relationship in the mentioned case and a proprietary trust relationship, followed by an analysis of such a case from a trusted perspective. Subsequently, an introduction of potential obstacles hindering the introduction of trust law into the Vietnamese legal framework is presented. Finally, some implications are suggested for perfecting Vietnam’s legal system.Keywords: Vietnamese case law no 2, trust law, private property management, patrimony
Procedia PDF Downloads 20418688 Recognition and Protection of Indigenous Society in Indonesia
Authors: Triyanto, Rima Vien Permata Hartanto
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Indonesia is a legal state. The consequence of this status is the recognition and protection of the existence of indigenous peoples. This paper aims to describe the dynamics of legal recognition and protection for indigenous peoples within the framework of Indonesian law. This paper is library research based on literature. The result states that although the constitution has normatively recognized the existence of indigenous peoples and their traditional rights, in reality, not all rights were recognized and protected. The protection and recognition for indigenous people need to be strengthened.Keywords: indigenous peoples, customary law, state law, state of law
Procedia PDF Downloads 32018687 Food Consumer Protection in Moroccan Legal System: A Systematic Review
Authors: Bouchaib Gazzaz, Mounir Mehdi
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In order to ensure consumer food protection, the food industry has a legal obligation to provide food products that comply with the requirements of the legislation in force. National regulations in this area occupy an important place in the food control system in terms of consumer protection. This article discusses the legal and regulatory framework of food safety and consumer protection in Moroccan law. We used the doctrinal research approach by analyzing the judicial normative and bibliographic legal research. As a result, we were able to present the basic principles of consumer food protection by showing to what extent the food safety law provides effective consumer protection in Morocco. We have concluded that there is an impact -in terms of consumer legal protection- of food law reform on the concept of food safety.Keywords: food safety, Morocco, consumer protection, framework, food law
Procedia PDF Downloads 21918686 Development and Psychometric Properties of the Relational Mobility Scale for the Indonesian Population
Authors: Sukaesi Marianti
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This study aims to develop the Relational Mobility Scale for the Indonesian population and to investigate its psychometric properties. New items of the scale were created taking into account the Indonesian population which consists of two parallel forms (A and A’). This study uses 30 newly orchestrated items while keeping in mind the characteristics of the targeted population. The scale was administered to 433 public high school students in Malang, Indonesia. Construct validity of its factor structure was demonstrated using exploratory factor analysis and confirmatory factor analysis. The result exhibits that he model fits the data, and that the delayed alternate form method shows acceptable result. Results yielded that 21 items of the three-dimensional Relational Mobility Scale is suitable for measuring relational mobility in high school students of Indonesian population.Keywords: confirmatory factor analysis, delayed alternate form, Indonesian population, relational mobility scale
Procedia PDF Downloads 26218685 Challenges in Learning Legal English from the Students’ Perspective at Hanoi Law University
Authors: Nhac Thanh Huong
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Legal English, also known as Language of the Law (Mellinkoff, David. 2004), is an indispensable factor contributing to the development of legal field. At Hanoi Law University, legal English is a compulsory subject in the syllabus of legal English major; International Trade law and Fast-track law training program. The question that what obstacles students face with when dealing with legal English, however, has not been answered at that institution. Therefore, this present research, which makes use of survey questionnaires as the main method, aims to study the challenges of learning legal English from the students’ perspective, from which some useful solutions are drawn up to overcome these difficulties and improve the effectiveness of learning legal English. The results indicate notable difficulties arising from the level of general English skills, the characteristics of legal English and legal background knowledge. These findings lay a scientific foundation for suggesting some solutions for practical applications in teaching as well as learning legal English among both teachers and students.Keywords: challenges, HLU, Legal English, students' perspective
Procedia PDF Downloads 18718684 Civility in Indonesia: Comparison of Indonesian People's Friendliness with the Past
Authors: Abshari Nabilah Fiqi, Sekar Ayu Dian Kusumaningtyas, Amira Eka Pratiwi
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Since a very long time ago, Indonesia are well known for their hospitality. Hospitality has been one of the civility concepts that represented Indonesia’s culture. However, as an Indonesian, we found that nowadays we are starting to lose this particular culture. The influence of modern culture is undeniably strong. As a capital city, Jakarta is one of the most modern cities in Indonesia. We conduct this experimental study to find out whether the people in Jakarta are still willing to maintain their identity as a friendly Indonesian or not by testing their willingness to reply greetings from strangers.Keywords: city, civility, culture, greetings, hospitality, modern
Procedia PDF Downloads 47918683 Settlements of Disputes in the Context of Islamic (Sharia) Economics in Indonesia and Egypt: A Comparative Analysis
Authors: Gemala Dewi, Wirdyaningsih, Farida Prihatini
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The development of sharia business activities at present has solidified its societal mark and has crossed influence between several nations. In the practice, there may be disputes, breaches and other forms of conflict that occurred along the way. In the meantime, alternative settlements of disputes are utilized differently between nations in the context of their political, social, economic, legal and infrastructural (technology and transportation) scope. Besides the various conditions, there is a common driving factor, which is a consequence of the need for businesses to settle conflicts in an efficient and cost-efficient manner. This factor is paired symbiotically with the limitations of the court and legal processes. Knowing this, Indonesia and Egypt represent countries that have similar social, political, economic and legal conditions. This academic research establishes a normative analysis that looks and compares the rules that regulate the prospects and challenges in the regards of dispute settlements in reference to sharia economics in Indonesia and Egypt. This work recommends that sharia economics dispute settlement is significant to be incorporated in both Indonesian and Egyptian legal systems.Keywords: sharia economics, dispute resolution, Indonesia, Egypt
Procedia PDF Downloads 32818682 The Representation of Anies Baswedan about the Issue of the Word 'Pribumi' in His DKI Jakarta Governor Inauguration Speech in Indonesian Media
Authors: Nizar Ibnus
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The term 'pribumi' or indigenous people was originally coined in the colonisation era to differentiate between Dutch colonials and native Indonesian people. The term was also used to trigger nationalism among Indonesian people to liberate their country from any kind of colonialism which had seized their freedom for ages. However, after the war was over and the colonials had fled from the country, the usage began to be altered. It changed from nationalist propaganda term to somewhat racist term. Immigrants and half-blooded people were massively victimized. Then, in 1998 the government forbade the use of this term for public use. Apparently, this racial issue happens again. On 16th October 2017, Anies Baswedan as the new government of DKI Jakarta province mentioned this term in his inauguration speech. This indeed raises controversy among Indonesian people. Using critical discourse analysis, this paper examines how Indonesian media portray the figure of Anies Baswedan regarding the issue. The findings reveal that Indonesian media depict Anies Baswedan differently. Some view him guilty as he mentioned the controversial and forbidden term in public. While, the other media consider him as innocent as he used the term in different contexts. This various media point of view and framing is presumably emerged from their different ideologies.Keywords: critical discourse analysis, media framing, racism, pribumi
Procedia PDF Downloads 18518681 Administrative Reform and the Changing Nature of Higher Education: A Lesson from Indonesian Higher Education Reforms
Authors: Nurdiana Gaus, Mahmud Tang
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This paper analyses changes being experienced by academics in Indonesian state university systems as a result of government-driven policy and the impacts of these changes on academics work and organisations. This analysis is located in the main concept of neoliberal agenda with its associated discourse of New Public Management. The purpose of this analysis is to show how public administrative reforms adopting neoliberal agenda have been disseminated in Indonesian higher education reform via policies and programmes of the government. This essay is expected to clarify the concept of neoliberalism in the administrative reforms within higher education institutions by examining and understanding its implementation in Indonesian context and how this impacted on the structural changes in universities and academics work.Keywords: neoliberalism, higher education, Indonesia, new public management
Procedia PDF Downloads 473