Proceedings of the International Conference on Law, Public Policy, and Human Rights (ICLaPH 2023)

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32 articles
Proceedings Article

Peer-Review Statements

Armansyah, Ujang Badru Jaman
All of the articles in this proceedings volume have been presented at the 3nd International Conference on Law, Public Policy, and Human Rights (ICLaPH 2023) during November, 09, 2023 in NTU, Singapore. These articles have been peer reviewed by the members of the Scientific Committee and approved by the...
Proceedings Article

Abuse of Power: Legalization of Illegal Mining in National Strategic Projects

Haris Retno Susmiyati, Alfian Alfian, Grizelda Grizelda, Rahmawati Alhidayah, Wiwik Harjanti, Aryo Subroto
Mining regulations stipulate that every mining activity must have a mining business permit. Without a permit, the activity is classified as illegal mining. Criminal sanctions are strictly regulated, but in the case of bauxite mining in Wadas Village, Central Java, under the pretext of using mining materials...
Proceedings Article

Analysis of Article 27 Paragraph (4) of The UU ITE for Perpetrators Who Transmit Indecent Content Through Electronic Media

Muhamad Ari Abdillah, Farhan Touska Nasty, Yudanagara Maulana Yusuf, Muhammad Ridho Sinaga
As technology advances in Indonesia, the spread of immoral content in electronic media has become increasingly rampant. The Electronic Information and Transaction Law (ITE Law) is a crucial regulation that needs strict enforcement. Its purpose is to protect users of technology and information media,...
Proceedings Article

The Effectiveness of The Village Head’s Role in Resolving Non-Litigation Land Disputes in Kebon Manggu Village

Risnawati, Nucraha Alhuda Hasnda
There are not a few problems or land disputes within the authority of the village government. This is because the village community does not understand administrative procedures related to land legality. The village community when there is a land problem puts forward the court’s efforts, in finding a...
Proceedings Article

Effectiveness of Rehabilitation for Drug Addicts in Law Number 35 of 2009 Concerning Narcotics

C. S. A. Teddy Lesmana, Rival Apriliandi, Ferry Supriyadi, Muhammad Alrizky Ekiawan
The percentage of drug user data increases every year and the number is dominated by productive age. Legal arrangements related to sanctions for drug abusers are contained in Law Number 35 of 2009 concerning Narcotics where the applicable sanctions refer to the double track system, because based on the...
Proceedings Article

Interfaith Marriages in Indonesia: A Study in The Perspective of Islamic Law and State Law

Moh Najib, A. Suganda, Zuhdi Rifa’i
This study tried to explain the intricate landscape of interfaith marriages within Indonesia, examining how Islamic law and state law intersect and impact these unions. It delves into the legal complexities surrounding marriage, focusing on the religious and legal dimensions that shape the validity and...
Proceedings Article

Involvement of The Constitutional Court in Amending The 1945 Constitution Law

Andriyansyah Andiyansyah, Muhammad Fikri Fauzan, Gunawan Alfarizi, Bram Bachrum Baam
New instruments that can balance constitutional changes are urgently needed at this time. It is hoped that the changes will not become a mastery of political institutions, namely MPR RI. The Constitutional Court is given enormous authority by the Constitution as the executor of the “Constitution (1945)”....
Proceedings Article

Juridical Analysis of Underwear Commercialization Models Based on Law Number 44 of 2008 Concerning Pornography

Sefira Nurfadilla, Anisa Nurhaliza, Hulwah Fikriyani Fauziyah, Nuchraha Alhuda Hasnda
Commercialization models are essentially legal subjects that have a legal relationship to their work habits, so that in this case a commercialization model of underwear will result in legal incidents based on the regulations contained in Law Number 44 of 2008 concerning Pornography. Apart from giving...
Proceedings Article

Legal Protection of Heirs Over The Sale and Purchase of Undivided Inherited Property (Case Study in Ciambar Parungkuda Sub-District)

Mannallizein, Ressa Khoreunnisa, Elsy Elsera Erlyanti, Endah Pertiwi
The results show that in Islamic law, inherited land that has not been distributed is prohibited from being traded because it is still owned by other heirs. If all heirs agree to the sale, then the sale can be done, otherwise it is considered illegal and revoked. The legal protection for the buyer of...
Proceedings Article

Restoration of Rights Against Marriage Annulment Due to Falsification of Identity

Muhamad Afkar, Ruswan Surya Permana, Tesa Aisawa, Armansyah Armansyah
The annulment of marriages due to identity fraud can be a serious issue in the context of family law. Women often become victims of such actions, resulting in them losing rights that they should rightfully have in the marriage. The annulment of marriage is governed by Articles 22 to 28 of Law Number...
Proceedings Article

The Relevance of Maqashid Al-Syari’ah in The Context of Modern Society

A. Suganda, Bunyamin, Moch Ae Dunnuraeni, Asep Indra Gunawan, Aramdhan Kodrat Permana
This article discusses the concept of Maqashid al-Syariah in the context of understanding and developing Islamic law. Maqashid al-Syariah refers to the aim of implementing Islamic law and has become the basis for the science of ushul fiqh. This article reviews the history of Islamic legal thought before...
Proceedings Article

Analysis of Therapeutic Relationships as a Means of Legal Protection for Patients and Doctors

Kiky Zakiyah Gadri
A therapeutic transaction is an agreement between a doctor and a patient that gives authority to the doctor to carry out activities to provide health services to patients based on the expertise and skills possessed by the doctor. The legal relationship in such therapeutic transactions, gives rise to...
Proceedings Article

Bioetic View Regarding Termination of Medical Actions Brain Stem Dead Patients

Heri Heriyanto
Discontinuation of medical treatment in patients with brain death (brain death) is often a dilemma in its implementation, considering the patient’s clinical condition, on the one hand the brain function has died but on the other hand the heart and lung functions are still running due to artificial aids...
Proceedings Article

Child Grooming Crime in View Become the New Face of Crime of Sexual Violence

Hanna Fitri Raziah, Ujang Badru Jaman
Child grooming is the intentional establishment of emotional relationships by adults to render children more vulnerable to negative influences. Predominantly perpetrated by pedophiles (perpetrators of sexual violence against children), it aims to prepare children for sexual encounters or exploitation,...
Proceedings Article

Comparison Between Law Number 13 of 2003 and Government Regulation Number 35 of 2021 in Termination of Employment for Workers, Certain Time Employment Agreements in the Contract Period Associated with the Employment Creation Law

Wisely Wisely, Endah Pertiwi
The purpose of this research is to analyze the legal protection for PWKT workers who get terminated during the contract period. The research was conducted using juridical-normative legal research. The results showed, firstly, legal protection for PKWT workers who were terminated based on the Labor Law...
Proceedings Article

Implementation of Government Policies Related to Sexual Violence as an Effort to Suppress Sexual Violence Rates in Higher Education

Teofilus Ardian Hopeman, Fitria Nurulaeni, Sri Erwin Christine, Barkah Barkah, Melsya Firtikasari, Wiwin Winarni, Budi Kurnia
Nowadays there are more and more cases of sexual violence that occur in tertiary institutions, both private and public. This has become a kind of iceberg phenomenon, where the perpetrators tend to be covered up because the victim seems to be intimidated by the perpetrator. The approach used in this research...
Proceedings Article

Implementation of the Concept of Trias Politica in the Government System of the Republic of Indonesia According to the 1945 Basic Act

Dede Mulyasandi, Ujang Badru Jaman
The division of government power aims to prevent the concentration of power in a single institution, which can lead to arbitrariness, and to ensure that all citizens receive their rights. One key concept in power sharing is the trias politica, which divides state government powers into three types: Legislative,...
Proceedings Article

Indonesia’s Tax Sovereignty Toward Digital Multinational Companies

Ujang Badru Jaman, Endah Pertiwi, Nucharaha Alhuda Hasnda
In the 21st century, international trade dynamics have shifted due to the rise of digital and internet-based communication networks. Companies now leverage technology to expand their global sales without significant investments in time, labor, and capital. While this benefits companies by reducing costs,...
Proceedings Article

Juridical Analysis of Ecocide Crimes in a Positive Legal Perspective in Indonesia

Yopani Selia Almahisa, Rida Ista Sitepu
Ecocide is a modern crime that has a very bad impact on the right to life, the survival of human life and the environment of the present and the future. And this ecocide should have the opportunity to be included in the laws and regulations in Indonesia because ecocide has a lot of enormous impacts on...
Proceedings Article

Juridical Analysis of the Impact of Postponing the 2024 Election from Constitutional Perspective Indonesia

Ai Heni Nuraeni, Nuchraha Alhuda Hasnda
The constitution which is domiciled as the highest legal source of a country makes the UUD 1945 the written constitution of the Indonesian state. The UUD 1945 states that the state as an organization of power must be limited in exercising its power so that arbitrariness does not occur. Elections are...
Proceedings Article

Juridical Analysis of the Misuse of Personal Data of HIV/AIDS Patients in the Digital Era

Endah Pertiwi, Ismi Fauziah
HIV, or Human Immunodeficiency Virus, is a virus that impairs the function of white blood cells, leading to a weakened immune system. This immunodeficiency can result in the development of AIDS (Acquired Immune Deficiency Syndrome). HIV/AIDS remains a significant and growing global health issue. While...
Proceedings Article

Juridical Aspect of Implementation of The Article on The Criminal Action of Money Laundering Against A Trading Robot-Based Trader

Tedi Mulyadi, Rida Isda Sitepu
The core study of this research focuses on a widely discussed legal event in Indonesia: trading using robots and its connection to money laundering (TPPU) laws. The author is interested in this unique case because it involves the use of trading robots, not just human actions, which adds a novel aspect...
Proceedings Article

Law Number 12 of 2022 Regarding Crime of Sexual Violence as a Role and Form of Legal Protection of Victims of Sexual Violence in Indonesia

Nida Salmah, Ujang Badru Jaman
Sexual violence is not about morality or punishment but rather about power dynamics and the exploitation of the weak by the powerful. The issue lies with the perpetrators who feel empowered to use victims for sexual gratification, not with the victims themselves. Consequently, victims of sexual violence...
Proceedings Article

Legal Protection and Implementation of Tax Laws for Non-Fungible Token (NFT) in Indonesia

Ujang Badru Jaman, Galuh Ratna Putri, Indri Aprianti, M. Taufik Hidayatullah
This study examines the implementation of the NFT phenomenon and how legal protection and tax enforcement are for NFTs. Non-Fungible Tokens or NFTs are digital assets that can be traded with cryptocurrencies, NFT assets themselves consist of digital art, music, moving images (GIFs), videos and several...
Proceedings Article

Legal Protection of Song Copyright Works from Music Covers on Youtube with Fair Use Principles

Melisa Kusherawati, C. S. A. Teddy Lesmana
The music trend of cover versions, remakes, cover songs, revivals, or simply called covers is a new recording or performance of a song that has previously been released commercially. Video of music covers is currently rampant on Youtube social media. This is inseparable from the moral and economic benefits...
Proceedings Article

Legal Protection of the Rights of Honorary Teachers as an Effort to Realize the Welfare of Honorary Teachers in Indonesia

Siti Nurfaridah, Ujang Badru Jaman
There are two types of legal protection for honorary teachers, namely legal protection in carrying out their professional duties and legal protection related to the issue of their rights to work as teachers. using a qualitative method by carrying out a normative juridical approach using secondary data....
Proceedings Article

Optimization of the Press in Building Public Legal Awareness in Indonesia

Virya Nanda Romanista, Junaidi Tarigan
The term “Press” is derived from the Dutch word “Pers,” which translates to “Press” in English. Literally, it refers to printed publications. Etymologically, “Pers” (Dutch), “Press” (English), and “Presse” (French) all mean press or print, originating from the Latin “Pressare,” meaning to press. In terminology,...
Proceedings Article

Protection of The State on the Constitutional Rights of Street and Negligate Children in Review of the KUHP Bill on Variety

(Case Study in the Regional Regency of Sukabumi)

Resa Agustina, Endah Pertiwi
Neglected and street children are those whose parents, for various reasons, fail to fulfill their obligations, leaving the children’s physical and spiritual needs unmet. These children, aged 5-18, may be neglected due to factors such as poverty, illness of a parent or guardian, death of one or both parents,...
Proceedings Article

Reform of Indonesian Criminal Law in The Political of Law Perspective

Ai Nurani
Article this have aim for knowing problem what just faced in effort revision of the Indonesian Criminal Code is reviewed from corner view political law Indonesian criminal as well how should direction renewal law appropriate Indonesian criminal law with soul law Indonesian nation. With use method study...
Proceedings Article

Reorientation of the Indonesian Penal System Based on the Philosophy of Pancasila

Alda Dewi Alawiyah, Teddy Lesmana
The imposition of suffering or criminal sanctions has been a longstanding practice considered painful by any society. Given the facts of criminal law, society cannot function without the intervention of criminal law. Sentencing is not a pleasant experience for the convicted individual and incurs substantial...
Proceedings Article

The Concept of Plea Bargaining in The Settlement of Narcotic Crime

Andri Junjunan, C. S. A. Teddy Lesmana
Narcotics crimes have increased every year and the Indonesian government has declared a drug emergency. The increase in the number of narcotics crimes has resulted in an explosion of cases going to court, resulting in a buildup of cases at various levels of the courts and causing overcapacity of correctional...
Proceedings Article

Traditional Rights of “Ciptagelar” Indigenous Communities Post Recognition of the Ciletuh Sukabumi Geopark Area as a World Heritage

Endah Pertiwi, Nuchraha Alhuda Hasnda, Fitria Nurulaeni
In 2018, Ciletuh Palabuhanratu Geopark in Sukabumi Regency received global recognition from UNESCO. UNESCO Global Geoparks are defined as integrated geographic areas where international geological sites and landscapes are managed with a holistic protection approach. The presence of customary law communities...