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Proceeding of the International Conference on Law and Human Rights
Published by Asosiasi Peneliti Dan Pengajar Ilmu Hukum Indonesia
ISSN : 30899826     EISSN : 30899818     DOI : 10.62383
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Proceeding of the International Conference on Law and Human Rights, Its a collection of scientific papers or articles that have been presented at the National Research Conference which is held regularly every year by the Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia.The topic of the paper published in the Proceeding of the International Conference on Law and Human Rights, namely: (a). Economic Law, (b). Civil Law, (c). Environmental and Spatial Law, (d). International Law, (e). Law and Technology, (f). Criminal Law, (g). State Administrative Law, (h), Constitutional Law, (i). Law and Community Development, (j). Procedural Law (Judicial) (k). Other relevant fields.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 26 Documents
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Digital Privacy and Human Rights : The Legal Challenges of Mass Surveillance Miguel Torres; Sofia Beatriz Mendoza
Proceeding of the International Conference on Law and Human Rights Vol. 1 No. 2 (2024): December : Proceeding of the International Conference on Law and Human Rights
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/iclehr.v1i2.37

Abstract

The rise of mass surveillance technologies has raised significant concerns regarding digital privacy and human rights. This paper explores the legal implications of government surveillance programs and their impact on fundamental rights, such as freedom of expression and the right to privacy. Through a comparative analysis of data protection laws in different jurisdictions, this study assesses the balance between national security and individual rights in the digital age.
Legal Review of Unregistered Marriages Relating to Transfer of Rights to Property Obtained During Marriage for the Chinese Group Taufik Hidayat Lubis; Hepy Krisman Laia
Proceeding of the International Conference on Law and Human Rights Vol. 2 No. 1 (2025): June : Proceeding of the International Conference on Law and Human Rights
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/iclehr.v2i1.45

Abstract

According to Article 2 paragraph (1) of Law Number 1 of 1974 concerning Marriage, a marriage is considered valid if it is conducted according to the laws of the respective religion and beliefs. Marriage is not merely a physical union but also an emotional bond, and fundamentally follows the principle of monogamy. In the legal framework of marriage, state protection—particularly for wives and future children—can only be guaranteed if the marriage is consciously conducted in accordance with Law Number 1 of 1974, which includes the requirement that the marriage be officially registered under applicable laws and regulations.If a marriage is not registered, the state cannot provide legal protection concerning marital status, joint property, inheritance, and other rights arising from the marriage. To establish a wife’s rights, it must first be proven that a legal marriage exists between her and her husband. One legal consequence of an unregistered marriage is that neither the wife nor any children from the marriage have the right to claim support or inheritance from the husband. Islamic inheritance laws allocate shares specifically to blood relatives.Unregistered marriages—often called sirri, kiyai, or syar’i marriages—are conducted according to religious rules or customs but are not registered with the Marriage Registrar. In Chinese customary law, property acquired during marriage is influenced by a patrilineal kinship system, where the wife’s status is governed by the husband’s family law. Generally, the husband, as head of the household, controls all marital property and has absolute rights to use it without needing the wife’s consent, including in transferring joint property.
Judicial Review and Constitutional Court Authority: Comparative Analysis of Indonesia's Constitutional Court and International Best Practices Saharuddin Saharuddin
Proceeding of the International Conference on Law and Human Rights Vol. 2 No. 1 (2025): June : Proceeding of the International Conference on Law and Human Rights
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/iclehr.v2i1.48

Abstract

Constitutional courts serve as guardians of constitutional supremacy through judicial review mechanisms. This study examines the authority and practices of Indonesia's Constitutional Court in comparative perspective with international best practices. Using comparative legal analysis, this research evaluates judicial review systems in Germany, South Korea, South Africa, and the United States to identify effective governance models. The study reveals that while Indonesia's Constitutional Court possesses comprehensive constitutional review authority, challenges remain in enforcement mechanisms, case backlog management, and institutional independence. International best practices demonstrate the importance of clear jurisdictional boundaries, efficient case processing, and robust enforcement powers. The research concludes that Indonesia can strengthen its constitutional court system by adopting selective best practices including streamlined procedures, enhanced enforcement mechanisms, and improved institutional safeguards while maintaining its unique constitutional framework.
White-Collar Crime Prevention Through Corporate Governance Mechanisms: Evidence from Emerging Markets Muh Fadli Faisal Rasyid
Proceeding of the International Conference on Law and Human Rights Vol. 2 No. 1 (2025): June : Proceeding of the International Conference on Law and Human Rights
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/iclehr.v2i1.49

Abstract

White-collar crime poses significant threats to corporate integrity and economic stability, particularly in emerging markets where governance structures may be less developed. This study examines the effectiveness of corporate governance mechanisms in preventing white-collar crime in emerging market contexts. Using a mixed-methods approach combining quantitative analysis of 240 publicly listed companies across five emerging markets and qualitative case study analysis of 25 corporate fraud cases, this research evaluates the relationship between governance mechanisms and crime prevention effectiveness. The study reveals that strong board independence (β = -0.312, p < 0.001), robust internal audit functions (β = -0.267, p < 0.01), and comprehensive compliance programs (β = -0.298, p < 0.001) significantly reduce white-collar crime incidence. Companies with comprehensive governance frameworks show 58% lower fraud rates compared to those with weak governance structures. The research concludes that emerging markets can significantly reduce white-collar crime through strategic implementation of governance mechanisms, particularly emphasizing board independence, internal controls strengthening, and compliance culture development.
Procedures for Carrying Out Flogging Punishment Against Gamblers Applied in Simeulue District, Aceh Province Mus Mulyadi; Rahmayanti Rahmayanti; Muhammad Arif Sahlepi
Proceeding of the International Conference on Law and Human Rights Vol. 2 No. 1 (2025): June : Proceeding of the International Conference on Law and Human Rights
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/iclehr.v2i1.50

Abstract

Aceh is a province with special status in Indonesia that has special authority in the imple- mentation of Islamic law, as stipulated in Law No. 11 of 2006 concerning the Government of Aceh. One form of its implementation is Qanun Aceh No. 6 of 2014 on Jinayat Law, which regulates a number of offences, including maisir (gambling), with penalties in the form of flogging, fines, or im- prisonment. This study aims to examine the application of flogging for gambling offenders in Simeulue Regency, covering the legal basis, implementation procedures, and level of effectiveness. The research questions include: (1) how flogging is applied to gambling offenders; (2) what are the stages of imple- mentation; and (3) to what extent is it effective in reducing violations. The research uses a qualitative descriptive method with a socio-legal approach. Data was obtained through literature review, field observation, and interviews with Satpol PP and Wilayatul Hisbah officials, the Sharia Court, the pros- ecutor's office, and community leaders. The findings show that the application of flogging punishment has a strong constitutional basis and is in accordance with the principles of Sharia law. The implemen- tation is carried out openly in accordance with criminal procedure law and is supervised by medical personnel. Statistics from the last five years show a decrease in gambling cases from 11 cases in 2020 to 3 cases in mid-2024, reflecting a deterrent effect and an increase in compliance.
Reform of the Judicial Review System: Evaluation of the Constitutional Court's Authority in Maintaining Constitutional Supremacy Harlina Hamid; Nurasia Natsir
Proceeding of the International Conference on Law and Human Rights Vol. 2 No. 1 (2025): June : Proceeding of the International Conference on Law and Human Rights
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/iclehr.v2i1.58

Abstract

This study evaluates the effectiveness of the Constitutional Court’s authority in reviewing laws and regulations as a means of upholding constitutional supremacy in Indonesia. Employing both normative and empirical legal research methods, it examines the Constitutional Court’s rulings from 2019 to 2024 and assesses their broader implications for the national constitutional system. The findings reveal several structural weaknesses in the review mechanism, particularly related to the enforcement of decisions and the existence of dualism between the Constitutional Court and the Supreme Court in conducting judicial reviews. These shortcomings have created inconsistencies and reduced the optimal impact of the Constitutional Court’s role. To address these issues, the research recommends comprehensive reforms, including the unification of judicial review authority, enhancement of the Constitutional Court’s executorial powers, and expansion of public access to constitutional review procedures. Such measures are expected to strengthen the Court’s role as the guardian of the constitution, improve legal certainty, and support the creation of a more coherent and harmonious legal system in Indonesia.

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