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INDONESIA
The 2nd Proceeding Indonesia Clean of Corruption in 2020"
Published by Universitas Islam Sultan Agung
ISSN : -     EISSN : -     DOI : -
Core Subject : Education,
Other
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Articles 97 Documents
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RECONSTRUCTION OF CONSUMER PROTECTION LAW IN MAKING THE BALANCE BUSINESS BASED BUSINESS AND CONSUMER VALUE OF JUSTICE Ramon Nofrial; Darwinsyah Minin
The 2nd Proceeding “Indonesia Clean of Corruption in 2020" Table Of Content
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The existence of Law No. 8 of 1999 on Consumer Protection guarantee the fulfillment of the rights of consumers to consume goods and services produced by businesses, as well as achieving a balance between consumer and business. Specifications are preskriftif analytical research. This study is a prescriptive offered the concept to solve a problem, highlight something (object) aspired or should be. Is a descriptive analysis, which is to describe all the symptoms and the facts and analyzing the problems that exist in the present. In respect of consumer protection in realizing the balance of businesses and consumers based on values of justice as an effort towards a welfare state based on Pancasila and the Constitution NRI Year 1945 made to the monitoring of the use clause like to give certain restrictions that do not diminish the rights of consumers, the application of strict liability businesses ( strict liability), consumer dispute resolution pursuant to Act No. 8 of 1999, not tort (KUHPdt), and the addition of Article 45 in paragraph (2) which states: in the consumer dispute resolution in civil and criminal can not be charged back, before businesses found not guilty, and Article 63 paragraph (1) reconstructed into: criminal sanctions as referred to in Article 62, can be imposed additional penalties, such as: Deprivation of certain goods; Verdict; Payment of compensation; and the obligation of withdrawal of goods from circulation. Keyword: Consumer Protection, Balance, Businessmen, Consumer, The Value Of  Justice
UNRULY PASSENGER IN AVIATION: THE REGULATIONS AND CASES IN INDONESIA Adya Paramita Prabandari
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Many unexpected problems can occur in aviation, whether in flights or at the airports. One of them is the existence of unruly passengers or disruptive passengers. Unruly passengers are only a minority when compared with the rest of passengers around the world. But these kinds of behaviors will bring serious consequences on the safety of other passengers and crews on board. Therefore, there must be regulations that firmly set on sanctions and punishment for the perpetrators.  The international regulations on unruly passenger are Convention on Offences and Certain Other Acts Committed on Board Aircraft signed at Tokyo on 14 September 1963, and Protocol to Amend the Convention on Offences and Certain Other Acts Committed on Board Aircraft. And the Indonesian regulations are the Act No. 2 of 1976 concerning the Ratification of the Tokyo Convention 1963, The Hague Convention of 1970, and Montreal Convention of 1971, the Penal Code (KUHP), and Act No. 1 of 2009 concerning Civil Aviation. Unruly passenger can perform any kinds of unruly/disruptive behaviors, and is taken seriously by the authorities. Because it threatened aviation safety, and also cause negative impacts, both for the airlines and for the other passengers. This resulted in huge losses for airlines, mainly in term of operational costs. As for the other passengers, this incident can cause an inconvenience feeling during the flight, and also a delay arriving at their destination.  So the perpetrators must go through legal procedures and subject to sanctions in accordance with the applicable law in Indonesia. Keywords: unruly passenger, regulations and cases in Indonesia
Strategy to Create Indonesia Free Corruption in 2020 Jawade Hafidz
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A prosperous nation is a nation that has a system of transparency and leadership trustworthy, honest, and intelligent sermons. Four things that become the basic law of nationality and the embodiment of leadership strength of law are evident. Corruption became a thorn, state institution run lameness healthy. The law became a thorn plucker should be included affirmation indiscriminately; there is no collusion and nepotism against any citizen there. Indonesia will be developed by 2020 on condition free of corruption. This fact would have been possible if it has a clean leader, law walk uprightly and fair, community synergies with trust laws and leaders. Leaders from the President to the price level as like; “civil organization” be absolutely necessary for the law and society. Free of strategy from corruption in 2020 is not likely to happen if the three pillars of the leaders, law and society work together with the unanimous support towards Indonesia clean of corruption. Not just jargon, but the real work.Keywords: leadership, corruption, strategy 
CORRUPTION CRIMINAL SANCTIONS WITH VALUES OF JUSTICE-BASED Zulfiani Zulfiani
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Corruption is one of society's disorientation and is in the same state as other types of crimes such as theft, which has existed since the human are living as society. The problem is that the corruption is increasing in line with prosperity and technological advancement. In fact, when a nation is advancing in its development, it encourages people to have more need so that they will engage in corruption. Based on these descriptions, in the preparation of this paper the authors will describe, how corruption criminal sanctions with values of justice? In this study, the author applies qualitative research methods, constructive approach, and also applies primary data and secondary data. The techniques of observation and in-depth interviews with key informants are applied for collecting primary data. Last, data analysis technique is applied to the primary data. Corruption prevention policies do not give deterrent effect to the corruptor. The investigation and prosecution policy in cases of corruption, supposedly having orientation for reimbursing the state and also aiming deterrent effect by providing severe criminal sanctions. No arrest for suspect of corruption (although the state has been paying losses) is reducing the deterrent effect or even not all. For the sake of justice, the judge should see Article 5 of Law No. 48 of 2009, it is clear that the reconstruction of criminal responsibility and accountability of the administration are related to the values of justice, the values of divinity and legal values that live in the community (the living law) so we need to develop justice characterized by Indonesia, which is “justice of Pancasila”, which implies “justice of deity,” “fairness humane (humanistic)”, “justice that is democratic, nationalistic, and social justice”. This means, justice upheld is not just formal justice, but substantial justice. Keywords: corruption, criminal sanctions, the value of justice
UTILIZATION OF INDONESIA MARINE RESOURCES IN AN EFFORT TO REALIZE INDONESIA TOWARDS THE SHAFT OF THE MARITIME WORLD Lathifah Hanim; MS Noorman
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development Orientation that more attention to the mainland area needed to be changed in view of the sea is a source of livelihood in the future. Paradigm of development in the marine sector that holds tremendous natural wealth became a chore for the government to restore the glory of this nation as a maritime nation. Especially is to realize Indonesia to the shaft of the maritime world. Indonesian sea contains many diverse resources both renewable such as fisheries, coral reefs, mangrove forests, sea grass, and germplasm and others or resources that are not renewable, such as oil and gas, , mineral, and ocean energy such as waves, wind, and OTEC (Ocean Thermal Energy Conversion) is being developed today. The amount of the economic opportunities of the utilization of marine resources is so large it has been dully contributed greatly to the improvement of the nation's economy, also even it is fitting into the driving sector of the national economy is dominant. But in fact the fisheries and marine sector nationally is still not used optimally, it is shown from the data in plain view that coastal communities are communities closest to the coastal and marine resources is generally still classified as poor or categorized as a people with the welfare of the low , The formulation of his problem is how the utilization of Indonesia's marine wealth in an effort to realize the efforts of Indonesia towards the shaft of the maritime world? There are several factors that led to the use of the sea as a potential powerful nation was neglected among them are weak security, weak supervision, and weak coordination of the country. Actually, Indonesia has a Maritime Surveillance System (maritime surveillance systems) at a military institution whose domain is the sea. Our country needs to have a clear maritime policy and visionary as geopolitical concerns and basic policies on the management of marine resources. Policies concerning various breakthroughs to utilize marine resources in an optimal and sustainable competitive advantage as a nation. Keywords: Utilization of Ultra Marine, Maritime Shaft.
ABUSE OF AUTHORITY OFFENSE THEOLOGICAL RECONSTRUCTION LAW ERADICATION OF CORRUPTION (LAW NUMBER 31 OF 1999 JO. LAW NUMBER 20 OF 2001) BASED ON VALUE OF JUSTICE As'adi M. Al-ma'ruf; Gunarto Gunarto; Sri Endah Wahyuningsih
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Tort has been established in Article 2, was misuse of authority by Article 3 of the Law on Corruption Eradication. Abuse of authority but also an act against the law, then Article 2 are also applicable in the case of the offense of abuse of authority. In practice at the Corruption Court, normally the public prosecutor filed a defendant to trial on charges subsidaritas, the primary charge Article 2 and Article 3 of the subsidiary charge. Most judges decide the primary charge is proven, and some other judges decide the primary charges not proven and proven subsidiary charges. Objective: to analyze the weaknesses of the offense of abuse of authority, and the subsequent reconstruction of the formulation of the offense of abuse of authority, based on the values of justice. Method : This is the paradigm of constructivism and sociological juridical approach, the analytical descriptive nature. Sources of primary data with field study to the Jakarta High Court Corruption, and secondary data in the form of decisions offense penyaahgunaan authority and literature in the form of legislation and literature books. The collected data were analyzed descriptively qualitative. Result : There are weaknesses in the formulation of Article 3, giving rise to discrimination against the accused. Therefore be reconstructed based on the values of justice, to redraft Article 3 to a penalty equal to Article 2, plus one paragraph to a penalty under minimal. Keywords: Reconstruction, Abuse of Power, Corruption, value of justice.
LEGAL PROTECTION PROBLEM OF WIFE AND CHILDREN OF POLYGAMY SIRRI IN INDONESIA Muhlas Muhlas; Gunarto Gunarto; Akhmad Khisni
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In order to ensure that the marriage of a citizen to the full protection of the State shall be recorded, the marriage already recorded shall in addition to obtaining legal force and assurance of legal certainty shall also ensure the legal rights of both the spouse and the child and of the marriage concerned that. Unmarried marriages will not have any protection and legal guarantees, so married couples and children born from unregistered marriages are always unable to access public services, whereas they are citizens who are constitutionally protected and have no discrimination. The state has given the rules in the form of law or other written regulations to be implemented by its citizens, but the facts on the ground there are still many people who are not obedient, many examples of marriage monogamy or polygamy is not recorded (layman's term called marriage Under the hand / sirri). Parties who are very loss in marriage are not recorded are women and children are born right, because for him does not have a clear legal basis. The purpose of the law is to give goodness and benefit to human beings, referring to the objective of Islamic law that in emergency / dhorury the rights of principle must come to the masses of people (for life, religion, descent, property and soul / mind); Whereas from marriage that is not recorded will be born human also. In principle the fifth principle of right must be owned by humans, then whatever the condition of married citizens are not recorded both monogamy and polygamy should be sought legal solution in order to get their legal protection as a citizen.
MEDIATION RECONSTRUCTION AS ONE OF THE ALTERNATIVE SETTLEMENT OF DECLINE IN THE COURTS BASED ON THE VALUE OF JUSTICE (Study at the Simalungun District Court) Mariah S.M. Purba; Eman Suparman; Anis Mashdurohatun
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PERMA No. 1 of 2008 on court mediation procedure is a refinement of the PERMA No. 1 of 2003, concerning the mediation procedure in court. Alternative dispute resolution through mediation aimed at creating a connection or a direct connection between the parties to have the dispute. Based on the above, mediation plays an important role, but in fact the success rate of mediation in court is still very low. I researched this research establishes, that the main problem of the effectiveness of mediation in the District Court in Simalungun and Pematangsiantar, obstacles encountered in the implementation of mediation in state court in the implementation of the mediation solution. The method used in this study is an empirical sociological research study to determine the Effectiveness of law from the perspective of the nature of this research is descriptive. The results of this study show that the effectiveness of mediation is still low to solve dispute. Obstacles encountered in the implementation of mediation in court because the parties did not understand the goodness and benefits of mediation, the role of Advocates less supportive and limitations of a mediator professionals besides facilities mediation process and efforts to overcome it by pursuing the room and mediators were appointed based on considered able to explain the process mediation, and the factors that most substances is the factor structure of the law, legal factors and cultural factors of law, the solution in the implementation of mediation in court additional is expected establishment of the implementation of training and education to become mediators area so as to facilitate legal practitioners, legal academics and legal scholars gain training and education to be a mediator, that mediation can work as expected. Keywords: Mediation, One Alternative, Dispute
TAXES AND ALMS SEEN FROM ISLAMIC LAW Mohammad Solekhan; Gunarto Gunarto
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State need expense to construction and welfare their people, for that the state revenue are needed. In Islamic law there are revenue that can be done through alms and taxes. But in the tax collection implementation, Islamic law had been giving a clear guidance either for Muslims or non Muslims. According to the scholars, the tax collection are allowed of it fulfill three criteria, that is: (1) taxes because to fund expenditure that are really needed to realized Maqasid Syariah; (2) the tax burden should not be to stiff to everyone capable to pay; (3) tax funds that has been collected are spent honestly for a good cause. There is a responsibility for Muslims to pay taxes if the treasury fund need it or empty. Those responsibilities are as a devotion to ulil amri, as stated in An-Nisa letter verse 59, which means: “O believer, obey Allah and obey his Prophets and ulil amri amongst you. Then if you different in opinions about something, then give him him back to Allah (Al quran) and Prophet (his Sunnah), if you truly faithful to Allah and for the next day. That is more important (to you) and better for it cause” Keywords: Taxes, Alms, Islamic Law
MODERNIZATION LAW AS A CRIME CORRUPTION VERY EXCEPTIONAL THROUGH ENFORCEMENT OF ETHICS Sukresno Sukresno
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In this era of modernization of every country are not directly have the same definition that corruption as a form of crime that is extraordinary (Extra-ordinary crime). Similarity orupsi definition of the offenses is one of them motivated by implication posed a systemic nature and sustainability on corruption. However, in practice many countries in the world use the shortcut in conducting countermeasures against corruption which one of them through the efforts of law enforcement or form. Whereas in the practical level, the form of law enforcement in resolving corruption are often not cut the chain of corruption developments actually make corruption is getting stronger. As an alternative enforcement etikan is a right step in which the main principles of ethics enforcement is prevention so that the chain will not be endemic corruption. As a form of penagakan ethical justification for decent doiterapkan given the tendency of ethics violation is a violation of the law, so that through the enforcement of ethical corruption will be lost in such a manner.   Keywords: Law Enforcement, Corruption And Ethics

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