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The 2nd Proceeding Indonesia Clean of Corruption in 2020"
Published by Universitas Islam Sultan Agung
ISSN : -     EISSN : -     DOI : -
Core Subject : Education,
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Articles 97 Documents
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STANCE AND AUTHORITY OF PEOPLE’S CONSULTATIVE ASSEMBLY DURING REFORMATION ERA Ahmad Mujib Rohmat; Gunarto Gunarto; Jawade Hafidz
The 2nd Proceeding “Indonesia Clean of Corruption in 2020" Table Of Content
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One of the state-level institution within the governance system of the Republic Of Indonesia is the People’s Consultative Assembly (hereinafter, “MPR RI”, “the MPR’). Prior to the amendment of the Constitution of 1945 (hereinafter, “UUD 1945) during the early period of Reformation (1999-2002), the stance of MPR is considered as the highest statelevel institution in Indonesia empowered with a very broad authority. Based on the idea within the Article 1 sub article (2) of UUD 1945, the understanding as explained in the General Explanatory of UUD 1945 strengthened by the Presidential Decree dated 5 July 1959 as an inseparable part of the UUD 1945, mentioning that the President is responsible to the MPR. Thus, it is to be understood that MPR is the highest institution, or known as the highest state-level institution, so it is common to say that the existence of said institution is to be ruled in the very first part of the UUD 1945.2 The positioning of MPR RI as the highest state-level institution is strengthened by the TAP MPR Nomor IV/MPR/1973 regarding the Stance and Relation amongst the Highest State-Level Institutions with/or Interrelation of Highest State-Level Institution.3 The amendment of the UUD 1945 in the early reformation era, 1992-2002 had changed the very basic ground of the governance system of Indonesia, including the stance of MPR. Through said changes, the MPR is no longer placed as the highest state-level institution to execute the sovereignty of the nation [Article 1 sub article (2)]. It means that the MPR is no longer the source/institution of the state’s highest authority that distributes the authority to the other state-level instituions.4 In regard to this notion, Jimly Asshiddiqqie establishes that subsequent to the amendment of the UUD 1945, “Highest State-Level” institution is no longer acknowledged. In accordance with the doctrine of separation of power within the principle of checks and balances amongst the branches of state’s authority, MPR has the equal position to the other state-level institution.5 The amendment of constitution is to be seen as the changes of fundamental aspects of governance system, from the vertical-hierarchy system with the principal of supremacy of MPR down to the horizontal-functional principal that balances and checks amongst the state institution.6 The Chief of Central Representative Body (DPP) Golkar Party, Aburizal Bakrie suggested that Golkar desired to have a platform that can accommodate the people of Indonesia for the next 25, 50 and up to 100 years. He suggested, due to the absent of GBHN hence the national policy-making process is lied upon the Presidential domain of work and can only reach maximum 5 years of service period. Even if said President is to be re-elected for the next five years of service period, the maximum range will only be extended to 10 years. This 10 years range is deemed too short to set out the national development plan. Hence, it is highly needed to have a national program for long term period for any Ruling President.7 From said explanation regarding the platform, it can be understood that Golkar Party wanted to have the GBHN re-implemented. In the end of service period of MPR members of 2009-2014 period, the MPR set out a General Assembly (GA) Meeting in the end of September 2014 in Jakarta. The results of the Ad Hoc II BP MPR that was validated by the GA are the seven recommendations of the next period of MPR. Said recommendations are the changes of UUD 1945 to strengthen the role of MPR as the institution in amending, establish and to elucidate the UUD 1945.8 In full, the recommendation of the Research Team of Governance System of Indonesia – MPR is “to strengthen the MPR as the state’s institution which has the highest authority in amending, establishing, elucidating the UUD and to give a directive of national policy to the other state’s institutions.”9
THE APPLICATION OF BALANCE IDEA IN SETTLEMENT OF DOCTOR MALPRACTICE CASE THROUGH PENAL MEDIATION Yati Nurhayati
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The current criminal acts of malpractice in the criminal justice system in Indonesia in its enforcement ignores the rights of victims of the crime in the criminal case handling process and the effect to be borne by the victims of the crime because of the legal protection for the victims of the crime does not receive adequate recognition. Based on this understanding the author made two formulations of the problem. First, how is the fulfillment of the rights of victims of doctor malpractice in the criminal justice system in Indonesia? Second, how is the implementation of balance idea in settling disputes of doctor malpractice through penal mediation? This research used normative juridical method. It can be concluded that first, the criminal justice system in Indonesia ignores the rights of victims of doctor malpractice and prioritize more on how to penalize the perpetrators of the malpractice. Second, the principle of balance idea in crime can be applied in resolving malpractice criminal cases through penal mediation where a doctor can be released from criminal penalties, subject to treat and recover the victims. Through the penal mediation the victims’ protection and fulfillment of their rights are preferred and the responsibilities to treat the victims are burdened the doctors. Keywords: Malpractice, penal mediation.
RESOLUTION OF DISPUTES OF OUTSOURCING WORK FORCE IN THE COMPANY EMPLOYING OUTSOURCING SERVICE Pupu Sriwulan Sumaya
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Generally, the development of the stage of world’s implementation of outsourcing in globalization era increases significantly. In the field of work force, outsourcing is constitutes as the use of work force to produce or execute the work by a company, through a work force supplying company. In the implementation of outsourcing, the potential of disputes may arise, in some sort of violation of company rules by some workers or the emerging disputes between the outsourcing worker with another worker, disputes over the wage, social security of the worker, different requirements of the worker. Issues of interests between Outsourcing and the supplying company sometimes bring many problems in industrial relationship, complex of industrial relationships frequently bring disputes between outsourcing as labors and the supplying company. It can be said that the disputes of industrial relationship will always occur among labors and the employer. Therefore, outsourcing mostly is intentionally implemented to press the labor cost with law protected and the working requirements which are given under the standard given so that it harms the worker/labor. Referring to article 66 verse (2) letter c of the Act No 13 Year 2003 on Labor, the resolution of disputes that emerge becomes the responsibility of the company supplying the labors. The dispute of the parties mostly occur when one the parties has other party to do or not to do something, yet the other party refuse to obey it. So it happens in industrial relationship, only the scale of the scope is around the interest of the worker/labor, employer, and the government, therefore these three subject of law is the pillar to support the success of the implementation of law of labor including for the success of the resolution of disputes on industrial relationship. Keywords: Outsourcing worker, Company employs outsourcing service, industrial relationship disputes
RECONSTRUCTION OF EXECUTIVE AND LEGISLATIVE AUTHORITY IN MAKING GOOD GOVERNANCE (GOOD GOVERNANCE) VALUES BASED ON WELFARE Mohamad Khamim; Wahyono Wahyono
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The purpose of this study is to analyze the forms of executive and legislative authority in ensuring good governance in the perspective of Law No. 23 of 2014 on Regional Government, to find weaknesses authority of the executive and the legislature in ensuring good governance (good governance) at this time, and to analyze the reconstruction authority of the executive and the legislature in ensuring good governance (good governance) with a valuebased welfare. Results of research conducted by the reconstruction of the executive and legislative authority in the good governance values-based welfare by making efficiency and effectiveness of executive and legislative authority that can improve public services and welfare. The reconstruction of the law by making changes to Article 63 paragraph (1), Article 65 paragraph (1) letter (f), Article 66 paragraph (3) and addition of paragraph (4), Article 88 of Law No. 23, 2014. In order to avoid head area tends to ignore the public, taking care of their own interests than the public interest / people and local elections by the people was the most correct and Parliament are tasked to supervise the government as Parliament also elected. So that Article 101 paragraph (1) letter d and the addition of d1, and Article 154 paragraph (1) letter d and the addition of the letter d1 Law 23 of 2014.] Keywords: Reconstruction, Executive and Legislative Authority, Good Governance, Values Welfare.
RECONSTRUCTION OF LEGAL DISPUTES MEDIATION IN HEALTH CARE FOR PATIENTS HOSPITAL BASED ON THE VALUE OF JUSTICE Teguh Anindito; Gunarto Gunarto; Jawade Hafidz
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   Mediation dispute resolution health was originally an alternative dispute resolution, when the mechanism of litigation is deemed unsatisfactory. Dissertation with the title of the reconstruction of legal mediation in disputes over health care for hospital patients based on values of justice     This study aims to discover the reality of the use of mediation in disputes over health care for hospital patients today, analyzing the ratio of mediation in disputes over health services and dispute mediation reconstruct health services for hospital patients based on values of justice.        Research carried out by empirical juridical approach, related to the implementation of health care dispute mediation. Samples were taken by purposive non-random sampling. Informant is all parties involved in the dispute resolution mediation health services, which consist of the patient's family, lawyers, hospitals / doctors, police officers and notaries. Results were analyzed and described by descriptive qualitative.        Research shows that the reality of the implementation of the health mediation has not been carried out in accordance with Article 29 of Act 36 of 2009 on Health ordered mediation in the event of a dispute of medical services and the Supreme Court Regulation No. 1 Year 2016 on Procedures for Mediation in the Court. The findings of the study found that the existing mediation done by involving the police, lawyer or notary. After comparing the model of mediation conducted in Japan, Malaysia and Singapore it is obtained a construction dispute mediation, health services based on values of justice, namely: a. Reconstruction of value by way of consensus. Seek mediation rather than litigation. Mediation aims to achieve a win-win solution for the provision of compensation to patients. b. Reconstruction of the legal form of Amendment Act No. 29 of 2004 on the Practice of  Medicine, especially with the addition of sub-section on Article 64 and Article 72. Triangular Theory of mediation Mediation is required to produce that meets the expectations of all parties. Mediation is not just an alternative dispute resolution, but mediation is imperative for the parties to the dispute in the health service. Recommendation that the settlement through mediation is imperative as well as the need for a mediation agency especially healthKeywords: Mediation, Dispute Health Services, Justice Values 
AN INVESTIGATION AUTHORITY OF CRIMINAL ACT ON CORRUPTION IN CRIMINAL JUSTICE SYSTEM IN INDONESIA Sukmareni Sukmareni
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Investigation of corruption, requires special provisions nonscheduled general criminal law. Investigation of corruption that were previously carried out by the police or the prosecutor's office, it turns out in practice raises legal issues at the level of implementation. Therefore, the establishment of the Corruption Eradication Commission (KPK) is going forward in the study referred to by the Commission through Act No. 30 of 2002 as an independent agency is expected to help accelerate the eradication of corruption in Indonesia. Establishment of the Commission resulted in differences in investigation and prosecution of corruption, has been authorized to investigate the criminal acts of corruption only at the police investigators and prosecutors, now compounded one another institution which has the authority investigation in Indonesia, namely the Commission. Investigator Police authority in the investigation of corruption offenses based on Law No. 8 of 1981 on the Law of Criminal Procedure Code and Law No. 2 of 2002 on the Police, while the authority of the Attorney Investigator by the Criminal Procedure Code and the Law No.16 of 2004 on the Prosecutor and Law No. 28 of 1999 on Corruption, Collusion and Nepotism and Act 8 of 2010 on Money Laundering. KPK investigators and the authority under the Act No. 30 of 2002 on Corruption Eradication Commission . Giving investigative authority at 3 above institutions (police investigation, prosecutor investigators and the KPK investigators) turned in its implementation raises several issues, among others, 1) differences in interpretation of the respective authorities of investigating corruption, 2) the willingness of the parties to protect fellow colleagues who indicated to corruption, 3) lack of coordination among the three agencies authorized to conduct the investigation corruption itself. This could hamper the acceleration of the eradication of corruption in Indonesia. Therefore it is necessary to do further research to find a model investigation of corruption are ideal to be applied in the Indonesian criminal justice system, which is expected to be able to help accelerate the eradication of corruption itself Keywords : Authorities, Investigation of Corruption, the Criminal Justice System Indonesia
THE INDEPENDENCY OF THE INSTITUTION FOR THE PROTECTION AND THE ESTABLISHMENT OF HUMAN RIGHTS TOWARDS THE GLOBALIZATION ERA 2020 Khalid Khalid
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The process of globalization continues to roll and will enter the year 2020, not only the problem of economic life, but has been plagued in the globalization of politics, defense and security, science and technology, social, cultural, and legal. Globalization in politics can not be separated from the movement of human rights, transparency and democratization. Globalization in the movement of human rights, then Indonesia must incorporate human rights instruments internationally recognized by UN countries into the positive law of national accordance with Indonesian culture by strengthening the institutions of protection and the enforcement of human rights, institution of study, and the wider community to play a role in promote and protect human rights on the lives of the peoples of Indonesia. Quite whether or not the recognition and the protection of the rights of citizens does not necessarily only by ratifying and many articles regulating rights of citizens, but the constitution still must be written with clear and complete for the human rights of citizens, the most important thing then is the political will and consistency run those chapters in the behavior of national and state level, and this can not be released necessity of institutions that maintain, run and oversee the realization of the recognition, protection and enforcement of human rights. Keywords: Institutional Independence, Protection and Enforcement of Human Rights, Globalization Era.
Study of Indonesia's participation in ICSID Agus Saiful Abid
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Indonesia has ratified the International Convention Centre For Settlemen Of Investment Disputes (ICSID) with the enactment of Law No. 5 of 1968 concerning settlement of disputes between Countries with foreign Citizen on Investment on June 29, 1968. The purpose of the ratification of the ICSID Convention is to encourage and foster foreign investment in Indonesia as well as provide legal certainty to the settlement of disputes between governments and foreign investors. Until now there are some cases in which the Indonesian government in dispute with foreign investors includeAmco, Kaltim Prima Coal. (KPC), Asia Camex Holding and Churchill Mining Plc. After decades of economic growth in Indonesia into the top 5 of the world economy as well as the Law No. 30 of 1999 on Arbitration, becomes interesting when reviewing and analyzing the participation of Indonesia in the ICSID, so attractive when assessing why Indonesia participated in the ICSID Convention? How profits were and damages Indonesia joined the ICSID? And how the government should adopt the attitude of Indonesia as a member of the ICSID fore? The method used is a normative juridical by studying the principles of the law derived from the materials library. Specifications research is descriptive analytical. The data used are secondary data consists of primary legal materials, secondary law and tertiary legal materials. The data was then analyzed qualitatively and the results outlined in report form. Keywords: Analysis, Indonesia, ICSID.
JURIDICAL STUDIES ON SUBSTANCE AND PROCEDURE OF THE DISMISSAL OF THE PRESIDENT AND/OR VICE-PRESIDENT AFTER THE REFORMATION Siti Rodhiyah Dwi Istinah
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Reformation era was proclaimed by the amendment of the 1945 Constitution (UUD 1945) of the Republic of Indonesia which was done by MPR since 1999 until 2002. The changes obviously gives consequences in regards to the substance and procedure of accountability of the President and/or Vice-President which were distinctive from the previous one which can be explored in the formulation of the 1945 Constitution of the Republic of Indonesia. The selection of the governmental system of Presidential gave impact towards the characteristics of such system which banished the accountability of the President to the parliament (MPR). Although the state of the President was strong (fixed executive), the dismisal might probably happen during their tenure when the President and/or Vice-President violating the law. Key Words: the dismissal of the President and/or Vice-President, substance, procedure
PROBLEMS OF DISPUTE RESOLUTION REGIONAL CHIEF ELECTION (GOVERNOR, REGENTS AND MAYOR) Esti Ningrum; Jawade Hafidz
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The aim of research conducted in this study, is to analyze the problems of the settlement of disputes local election. The problems of settlement of disputes in the implementation of local elections is problematic power of the judiciary in resolving disputes elections daerahmatika power of the judiciary in resolving disputes local elections, and Problems In Dispute Settlement local elections which disputes the results of the local elections of powers MA into the power of the Court, power in the State Administrative Court judge Decision Peneyelnggara local elections, the power of the General Court in dealing with criminal abuses Daeran elections and enforcement of the code of conduct by the Honorary Board of the General Election Organizer.

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