Proceedings of the 2nd International Conference Changing of Business Law (ICOCLB 2024)

+ Advanced search
56 articles
Proceedings Article

Peer-Review Statements

Edy Lisdyono, Ade Saptomo, Faisal Santiago, I Nyoman Budiartha, Ahmad Sudiro, Zaenal Arifin Hoesein, Laksanto Laksanto, Wasis Susetio, Zulfikar Judge
All of the articles in this proceedings volume have been presented at the ICOCLB 2024 during 27 April 2024 in Palembang Youth Pledge College of Law (STIHPADA), Indonesian and on 20 May 2024 in Universiti Kebangsaan Malaysia (UKM), Malaysia. These articles have been peer reviewed by the members of the...
Proceedings Article

Utilization of Technology to Accelerate Reconstruction of Natural Disaster Victims in Poso, Central Sulawesi

A. Aris Swantoro
Indonesia is an area prone to natural disasters. This is due to its geographical location. Possible natural catastrophes pose a threat and disrupt people’s lives and livelihoods, resulting in fatalities, harm to the environment, destruction of property, and psychological effects. This disaster specifically...
Proceedings Article

Strategies for Structuring the Administration of Criminal Appeals in Indonesia in the Era of Society 5.0

H. R. Abdul Manan, Cipta Indra Lestari Rachman
The period of society In the period known as “5.0,” social patterns are constantly evolving and reliant on technology. The development of technology entering the industrial era 4.0 is marked by the creation of technology that minimises human interaction, reduces time, and accelerates services. Technological...
Proceedings Article

Implementation of Restorative Justice at the Prosecution Stage by the Attorney General of the Republic of Indonesia: a study of paradigm changing

Ade Saptomo, Muhammad Afif Pramono
A fascinating social legal issue that has to be thoroughly studied from a scientific perspective is the use of restorative justice to settle criminal cases; in non-retaliatory offenses, this method takes into account the rights and interests of both the victim and the offender, with a focus on returning...
Proceedings Article

Implementation of the MPR Annual Session in Realizing Good Governance According to the Constitutional System

Asep Bambang Hermanto, Zuraedah Zuraedah
MPR RI Regulation Number 1 of 2019 concerning MPR Rules governs the holding of the annual session of the MPR with the agenda item of reading performance reports of state high institutions, namely the President, MPR, DPR, DPD, BPK, MA, MK, and KY, which are regulated by their authority in the 1945 Constitution....
Proceedings Article

Drug Sentencing Towards Child as a Drug Mules: A Perspective from Child Rights Protection

Asmin Fransiska, Aldi Putra Lesmana
The number of drug cases has increased compared to other traditional crimes. According to the Corrections Directorate General, as of 2021, 96% of prisons are filled with drug offenders. Drug-related crimes involve individuals of various ages, from adults to children. Juveniles are often coerced or manipulated...
Proceedings Article

Principles of Justice in Enforcement of Mortgage Rights According to the Indonesian Legal System

Bachtiar Marbun, Budi Santoso, Yunanto Yunanto
The process of implementing mortgage rights in the Indonesian legal system faces complex challenges that require a deep understanding of the principles of justice. Applications for the use of mortgage rights involve the mortgage right holder having the authority to regulate the process without interference...
Proceedings Article

Increasing Temperature Changes on Human Health: From an Environmental Law Perspective in Indonesia

Beniharmoni Harefa, Feren Nabilla, Suherman Suherman, Handar Subhandi Bakhtiar, Supardi Supardi
Globally, daily activities may contribute to rising temperatures that will have an influence on people’s health. In an attempt to manage and safeguard the environment, Indonesia has released environmental regulations. The successful implementation of these regulations will largely rely on collaborative...
Proceedings Article

The Relationship Between Eco-Ccentric and Muamalah Concepts in Islamic Law in Climate Change Control

Cipta Indra Lestari Rachman, Putri Ayu Maharani
Climate change is a natural phenomenon that will inevitably occur marked by increasing air temperatures on earth. The United Nations announced that the world has now experienced an increase in air temperature of 1.1o C. Human activities, such as deforestation and industrial emissions, contribute to the...
Proceedings Article

The Implications of Certifying Documents With an Apostille System on the Duty to Maintain the Confidentiality of Deeds by Notaries

Clive Malvin Bayusuta, Putu Ayu Sriasih Wesna
The idea of the rule of law in a state state emphasizes that state power should be exercised based on and bound by law, thereby safeguarding citizens’ rights and preventing abuse of power. A state that upholds the rule of law is one in which protection, order, and certainty are based on justice and the...
Proceedings Article

Nazhir’s Position In Waqf Management

Dedy Yudhistira
The role of the nazhir is crucial in the development of waqf assets. A nazhir is the entity entrusted with managing and developing waqf assets given by the wakif, ensuring they are used according to the intended purpose. The nazhir holds a central position in waqf management, as they have the ability...
Proceedings Article

Liability of Tiktok for Re-Uploading Creator-Owned Content for Promotion in Review of Law Number 28 of 2014 Concerning Copyright

Derry Angling Kesuma, Warmiyana Zairi Absi
Tiktok’s Liability for Copyright Infringement of Tiktok Content Owners Whose Work is Re-Uploaded for Promotion in Review of Copyright Law Number 28 of 2014 is referenced in the User-Generated Content portion of Tiktok’s terms of service, explaining that user content created and shared via the Tiktok...
Proceedings Article

Expansion of Social Work Punishment to Solve Juvenile Delinquency Cases Under the New Criminal Code

Dian Narwastuty, Arman Tjoneng
The existence of children in a family is a gift that demands a form of responsibility. The form of responsibility in question includes educating children to be responsible for mistakes made. Such a paradigm is important; So that children do not underestimate their mischief. Childcare patterns, especially...
Proceedings Article

A Comparative Analysis of Digital Copyright Protection in the United States and Indonesia as Members of the World Intellectual Property Organization

Dian Purwaningrum Soemitro, Andre Febrian Dwiyudanta
In the current era, rapid advancements in digital technology, posing heightened risks of infringement upon creative works. Copyright owners strive for legal protection through robust enforcement mechanisms. Meanwhile Indonesia is lacking in specific regulations and enforcement strategies established...
Proceedings Article

Banking Industry Customer Data Leakage: Where is the Principle of Bank Prudence and Confidentiality?

Dwi Ratna Indri Hapsari, Nur Putri Hidayah, Isdian Anggraeny
In the current era of technology advancements permeating nearly every aspect of life, personal data is an asset that, with the correct knowledge, can be transferred without rights for both legitimate purposes and illegal purposes. The banking sector is now dealing with a number of issues related to client...
Proceedings Article

Law Enforcement Against Parties Who Spread Personal Data of Consumers Using Financial Technology (Fintech) in Review of Article 26 of Law No. 19 of 2016 Concerning Amendments to Law No. 11 of 2008 Concerning Information and Electronic Transactions

Enni Merita, Kinaria Afriani
According to the conditions of a valid agreement, the legal connection between organizers and debt collectors is one that is based on each party’s agreement, which gives rise to their individual duties and obligations. The online loan recipient and the Fintech P2P Lending organizer have a two-party agreement...
Proceedings Article

The Tenure Pattern of the Baduy Customary Law Community as A Role Model for Maintaining Customary Rights to Land

Erleni Erleni, Iqbal Rifki Zulkarnain
The lifestyle of the Baduy customary law community is largely shaped by rules and norms that play a crucial role in their social life, fostering homogeneity in behavior and socio-economic practices. These customs help strengthen their community’s resilience and ensure a continuous and stable way of life....
Proceedings Article

Implications of Constitution Court Decision on House of Representatives’ Role in International Agreements

Fachrudin Sembiring
The Constitutional Court reviewed Law No. 24 of 2000 on International Treaties and issued Decision Number 13/PUU-XVI/2018. Petitioners argued that international treaty practices excluded the House of Representatives is the body that represents the people. Many international trade agreements potentially...
Proceedings Article

Optimizing Environmental Impact Analysis in Realizing Green Economy-Based Sustainable Development

Fatria Khairo, Firman Freaddy Busroh
This study focuses on enhancing the efficacy of environmental impact analysis (EIA) as a crucial tool in advancing sustainable development within the framework of a green economy. In the contemporary landscape, the imperative to strike a balance between economic growth and ecological preservation is...
Proceedings Article

Application of Child Protection Principles to Prevent Child Exploitation in the Family Content Industry

Feronica Feronica
Indonesia has several regulations related to child protection and social media. However, these regulations are fragmented, so there is a need to connect various laws such as the Child Protection Law, the Labor Law, the Ministerial Decree on Protection for Children Engaged in Work to Develop Talents and...
Proceedings Article

Settlement of Intellectual Property Disputes through Arbitration in Indonesia

Gede Aditya Pratama, Diana Fitriana
The growing human demand and ongoing technological progress have significantly fueled the expansion of the trade sector, particularly in intellectual property (IP). This expansion is evident in the sharp rise in IP registrations, which play a crucial role in the trade industry. As the number of trademark,...
Proceedings Article

Utilisation of Forensic Evidence in the Disclosure of Environmental Damage

Handar Subhandi Bakhtiar, Bambang Waluyo, Beniharmoni Harefa, Abdul Kholiq, Aji Lukman Ibrahim, Slamet Tri Wahyudi, Rosalia Dika Agustanti
The disclosure of environmental damage is a complex challenge, particularly in terms of finding adequate evidence to support investigations and law enforcement. Forensic evidence provides a systematic scientific approach to identifying, analysing, and interpreting evidence related to environmental damage....
Proceedings Article

Juridical View of Indonesia Tax Law Pertaining to Financial Technology Based Peer-To-Peer Lending

Herman Fikri, Rizki Fitri Amalia
Peer-to-peer (P2P) lending is a technological innovation that facilitates quick and simple financial transaction services for those who have never used or tried banking services. By applying for loans to P2P Lending business organizations, which link borrowers with investors online, one can lend funds...
Proceedings Article

Mediation and the Function of Arbitration Institutions for the Settlement of Land Ownership Disputes As A Concept For Upholding the Principle of Justice as the Ultimum Remedium

Husnaini Husnaini, Andi Chandra
The process of resolving land rights ownership cases by filing a lawsuit in public court through the District Court is carried out at stages in the civil trial. At the beginning of the trial process will go through stage by stage, namely: registering a lawsuit to the civil registry, then on the first...
Proceedings Article

Utilization of Water Resources from the Perspective of Justice and Human Rights in Indonesian Legislation

I Ketut Kasta Arya Wijaya, Ni Made Jaya Senastri, I Putu Arwan Puspa Resmawan
This study looks at, evaluates, and critiques laws and regulations pertaining to water resources. Aspects of justice and human rights are among the many topics covered in these laws and regulations, water resources is important and one of the vital resources of human beings, as mentioned in 33rd Article...
Proceedings Article

Legal Implications of Local Government Authority in Granting Land Utilization of Coastal Area for Tourism

I Wayan Rideng, Ketut Kasta Arya Wijaya, Kadek Nadya Pramita Sari
There is a conflict of norms and the need for discussion on: 1) Regulations on granting permits for the utilization of coastal areas as tourism businesses by local governments and 2) The implications of regulating the granting of permits for the utilization of coastal areas by the Local Provincial Government...
Proceedings Article

Actualization of Implementing the Principle of Caution by Banks in Efforts to Minimize Fraud in Providing Prime Customer Services by Bank

I. B. Gede Agustya Mahaputra, I Made Aditya Mantara Putra, Johannes Ibrahim Kosasih
The banking industry is essential to a country’s economic development, and this necessitates the utilization of banking services. One such service is premium customer service, which includes cash pick-up services for customers. This study delves into a case involving cash pick-up services that have resulted...
Proceedings Article

Forest Fire Disaster In Riau And Indonesian Government Responsibility Reviewed From ASEAN Agreement of Transboundary Haze Pollution

M. Rizki Yudha Prawira, Kayla Tiara Reynita, Davilla Prawidya Azaria, Rianda Dirkareshza
Because of the way that forest fires affect the world’s largest source of oxygen—our forests—they have drawn the attention of the international environmental community. Since these woods generate oxygen, they are essential to human life. However, smoke from forest fires is typically unhealthy for humans...
Proceedings Article

Increase in Regional Original Revenue in the Lebak Lebung Auction Management Contract Agreement in Banyuasin Regency

Marsudi Utoyo, Z. A. Warmiyana, Putri Sari Nilam Cayo, Inka Verandera Nugraha
Management and utilization of the Lebak Lebung River using traditional fishing gear, which has been ongoing for generations. This study’s goal is to ascertain the contract agreement process for the management of the Lebak Lebung and River Auctions in Banyuasin Regency. The research method is an empirical...
Proceedings Article

Strength of Proof of Notarial Deeds in an Agreement

Mipasya Ratu Plamesti, Abustan Abustan, Siti Miskiah
To provide legal certainty in an action, the parties might create an agreement in the form of a genuine deed, which will expedite the verification procedure if a disagreement arises. A genuine deed is one that has been created by a Notary with the most power and authority. A strong or comprehensive evidence...
Proceedings Article

Promoting Transparency through the Reformulation of Regulations on Private Donation Sources Based on Financial Technology

A Comparison between Indonesia, Germany, and England

Muh Rinaldy Bima, Moch Andry Wikra Wardhana Mamonto, Muh Ya’rif Arifin
This research aims to analyze and propose a reformulation of regulations on private donation sources based on financial technology (fintech) in political party financing in Indonesia in order to enhance transparency and accountability. This study compares regulations between Indonesia, Germany, and the...
Proceedings Article

Reviewing the New Chapter of Carbon Trading Implementation in Indonesia as a Manifestation of the 13th Sustainable Development Goals

Muhammad Gilang Gunawan, Hilda Novyana, Anni Alvionitas Simanjuntak, Yanto Yanto, Syamsul Hadi
Global concerns like climate change are serious problems that affect societies all around the world. In 2020, the Thomson Reuters Foundation estimated that losses from climate change would total $8 billion USD every day. The Presidential Regulation Number 98 of 2021 and the Minister of Environment and...
Proceedings Article

State Defense, Politics And Democracy In Indonesia In Sustainable Development

Mulyadi Mulyadi, W. Yuliana Yuli, Satino Satino, K. Kayus Lewoleba, Surahmad Surahmad
Sustainable development in Indonesia is an important agenda that not only involves economic and social aspects, but also politics and state security. In this context, the spirit of defending the country becomes essential in ensuring sustainable development. This research aims to explore the relationship...
Proceedings Article

Consumer Protection for Pharmaceutical Electronic System Operators (PSEF) based on the Principles of Consumer Safety and Security

Muthia Sakti, Handar Subhandi Bakhtiar, Dwi Aryanti Ramadhani, Aji Lukman Ibrahim, Taupiqqurrahman Taupiqqurrahman
This research intends to investigate consumer protection against the proliferation of Electronic Pharmacy System Operators in Indonesia in order to uphold the principles of consumer safety and security. It does this by using normative juridical research methodologies using legislative and comparative...
Proceedings Article

Conservation Values of Local Wisdom-Based Spatial Planning in Tenganan Pegringsingan Traditional Village

Ni Made Jaya Senastri, Anak Agung Gede Ananta Wijaya Sahadewa, Ida Ayu Putu Widiati
Space utilization can reflect a person’s relationship with other people and the environment. The essence of anthropological study on space or the anthropology of space is about how individuals manage space within their territories and determine the use, function, and boundary of an area. Starting from...
Proceedings Article

Obstacles to Normalization of The Ciliwung River in Restoring Environmental Functions

Nino Agung Perdana, Ahmad Munawir Siregar, Bambang Sukamto
Rivers or streams have a function as a source of water and food production, where people use river water as a source of drinking water, washing, bathing, and a source of livelihood. In the DKI Jakarta area, the Bukit Duri area, South Jakarta, the Ciliwung River has changed its function to building houses...
Proceedings Article

Preventing Copyright Plagiarism in the Digital Era at Sembung Batik Artworks, Yogyakarta

Nur Aida, Muhani Muhani, Machdina Nurmayanti
Batik is one of Indonesia’s valuable cultural heritage, and has become the identity of the Indonesian nation and is a great work of the nation. Batik is maintained so that it can be preserved by the efforts of the craftsmen to create batik studios, and by inviting the younger generation to join in learning...
Proceedings Article

Protection of Post-Employment Period Indonesia after Omnibuslaw: Better or Worse?

Nur Putri Hidayah, Dwi Ratna Indri Hapsari, Isdian Anggraeny
This study aims to conduct a comparative study related to worker protection after employment for Indonesian workers After Omnibus law. This study employed a statutory method, a comparative approach and a conceptual approach, by comparing the provisions of worker protection after employment from time...
Proceedings Article

Model of Regulation of Land Owned by Indonesian Citizens Which is Rented Back to Third Parties by Foreign Citizens

(Comparative Study: Malaysia and Switzerland)

Putri Purbasari Raharningtyas Marditia, Tivana Arbiani Candini, Reviana Amelia Puspitasari
This research analyzes the regulatory model for Indonesian citizens’ land leased back to third parties by foreign citizens. This study compared regulations in Indonesia, Malaysia, and Sweden. Normative legal analysis is the methodology employed using a comparative and statutory legal approach. The research...
Proceedings Article

Regulation Model Implementing Smart Contract (Terminable Contract) in Commercial Contracts in Indonesia

(Comparative Study: Singapore, England, Netherlands, Switzerland and Italy)

Putri Purbasari Raharningtyas Marditia, April Yanto
This research aims to analyze the regulatory model for implementing smart contracts in commercial contracts in Indonesia and conduct comparative studies with other countries such as Singapore, England, the Netherlands, Switzerland, and Italy. Smart contracts and electronic instructions executed automatically...
Proceedings Article

Accelerate Law Reforms Towards Gender Parity in the Context of Climate Change

Ratna Ayu Widiaswari, Luh Putu Suryani
Indonesia as the biggest archipelagic states, currently positioned as one of the countries most affected and vulnerable to climate change. While the climate change occurs globally, the impact of climate hazard is not equally distributed between men, women, girls, boys, indigenous women and gender minorities....
Proceedings Article

Diving Deeper into Indonesia Food Estate Policy: Its Impact on Local Community Rights and Policy Comparison within Other Countries

Ratna Galuh Manika Trisista, Mimin Mintarsih, Annisa Sarah Fauza
The Food Estate Program, implemented intends to address the nation’s problems with food security. It was developed by the Indonesian government. From the 1950s onward, the government has introduced various large-scale food estate programs to increase food production for the community’s needs. However,...
Proceedings Article

Opportunities and Challenges of Using AI Against Empowering Superior and Competitive MSMEs

Resmaya Agnesia Mutiara Sirait, Thea Geneveva Josephine Jesajas, Yenny Aman Serah, Setyo Utomo, Samuel Marpaung
Stronger national economies are largely a result of the globalization and digital transformation of small and medium-sized enterprises (MSMEs). MSMEs in Indonesia have emerged as the main engine that drives the nation’s annual production of added-value goods and services, employing millions of people...
Proceedings Article

Reformulation of Legal Policy to Support Indonesia’s Online Gaming Industry Sector

Rizki Ramadani, Andika Prawira Buana, Mohammad Arief, Nurazizah Maharani
Indonesia’s online gaming sector is now the 16th largest in the world, with revenues of IDR 24.88 trillion, or 2.19% of the total national GDP. Indonesia is even expected to be among the top five worldwide online gaming markets in 2030, with a value of US$ 4.3 billion. However, local game creators only...
Proceedings Article

Criminal Law Enforcement in Overcoming Crimes Arising from the Existence of Fake Account From a Criminological Perspective

Rosalia Dika Agustanti, Bambang Waluyo, Slamet Tri Wahyudi, Abdul Kholiq, Nashwa Hatta Aqila
One of the new issues in human existence brought about by the rapid advancement of technology is cybercrime, which communicates with its victims through fictitious accounts. This article aims to investigate the strategies used by law enforcement to apprehend criminals who utilize fictitious accounts...
Proceedings Article

The Presence of the State in Guaranteeing the Protection of the Rights to Shelter and Health for Internally Displaced Persons who are Forced to Immigrate due to Climate Change

Rury Octaviani, Fitri Aisah, Adityo Kusumo
According to Every citizen has the right to a decent place to live, according to Article 28 H, Paragraph 1 of the 1945 Constitution, and Law Number 39 of 1999, which addresses housing. Human Rights, thus the state must be present and ensure that this right is fulfilled. However, in practice there is...
Proceedings Article

Mode of Land Ownership Outside the District of Residence: Socio-Economic Challenges and Impact

Setyo Utomo, Adhytia Nugraha, Anita Yuliastini, Muhayan Muhayan
Owning land outside of your residential zone frequently entails a variety of difficulties and repercussions that must be thoroughly comprehended. This type of land ownership outside of the subdistrict region is considered a hidden investment since it may entail certain procedures that real estate transactions...
Proceedings Article

Comparative Analysis of Restorative Justice Approaches in Narcotics Policy: Insights for Indonesia

Siradj Okta
This study explores restorative justice as outlined in Indonesian legislation, focusing on its recognition of case resolution through investigation termination orders and decrees. It analyzes six key variables — Policies and Laws, Practical Implementation, Recommendations, and Learnings — through comparative...
Proceedings Article

Legal Protection of Geographical Indication of Robusta Semendo Coffee Towards Improving the Regional Economy of Muara Enim District

Syafira Aquaristha, Firman Freaddy Busroh, Marsudi Utoyo
This research discusses the implications for strengthening the local economy of the legal protection of the Geographical Indication of Robusta Semendo Coffee in Muara Enim Regency, Indonesia. The findings demonstrate that by preserving the distinctiveness and caliber of the coffee product, the registration...
Proceedings Article

Implication Protection Economic Rights of Digital Painting

Syaqila Anyero, Muhamad Rasyid, Sri Handayani, Marsudi Utoyo
The growth of digital technology and the internet, which have an impact on innovation in a number of industries, including intellectual property digital painting illustration art, are hallmarks of globalization. Although the internet has many advantages, it also presents a risk of infringement on intellectual...
Proceedings Article

Democratic Practice in The Legal State of The Republic of Indonesia

Teuku Saiful Bahri, Farhana Farhana, Lilik Ruli Prasetio
The practice of a democratic system and state power as the rule of law is the issue examined in this study. In order to apply Indonesian government policy, this study analyzes state power using the 1945 Constitution model, democracy theory, and empirical verification through qualitative research. This...
Proceedings Article

Use of Song Covers and/or Music in Human Rights Perspective

Heru Setiyono, Otom Mustomi, Taufik Taufik
Intellectual property rights have an important role in Indonesia, this can be studied from economic, political, legal and human rights aspects. What this research discusses is pertaining to the use of music and/or cover songs, which is a human rights violation. It might be stopped if it violates the...
Proceedings Article

Discretion of the Head of the Land Office regarding the Expiration of the Building Use Rights Certificate asthe Object of Mortgage Rights

Untoro Untoro, Hamdan Azhar Siregar
Using discretion, public servants can solve real-world issues that arise in the course of running the government, such as the lack of regulation by statute. According to Article 87 paragraph (1) According to Regulation Number 18 of 2021 by the Minister of Agrarian Affairs and Spatial Planning/Head of...
Proceedings Article

State’s “Responsibility to Protect” in Environmental Law and Climate Change Issue

Wisnu Aryo Dewanto, Atik Krustiyati, Gita Venolita Valentina Gea
The impact of climate change remains one of the most difficult concerns, with complicated consequences, that must be addressed by states and the international community. Climate change is inextricably linked to the legislation governing international environmental law. However, a proper and healthy environment...
Proceedings Article

Legal Perspective of the Protection of Mangrove Forests in Mandalika from Tourism Activity

Yanti Fristikawati
The government of Indonesia has designated the Mandalika area as one of the 5 leading tourist destinations. Apart from its very beautiful nature, Mandalika has also become famous because of the construction of the Pertamina Mandalika International Circuit. With the construction of hotels and improvements...
Proceedings Article

Maintaining The Sustainability Of Collective Life Through Teseng (Profit-Sharing) Agreements In The Bugis-Makassar Community South Sulawesi

Zainuddin Zainuddin, Salle Salle, Mohammad Arif, Amiril Hamsi
This paper explores maintaining the sustainability of collective life through teseng agreements in the Bugis-Makassar Community, South Sulawesi. This paper’s goal is to analyze: (1) the meaning of teseng in Bugis-Makassar community; and (3) teseng as an effort to maintain the sustainability of collective...