All of the articles in this proceedings volume have been presented at the 3rd International Conference on Law, Governance and Social Justice during 3rd-5th October 2023 in Purwokerto, Central Java, Indonesia. These articles have been peer reviewed by the members of the 3rd ICoLGaS Scientific Committee...

In this study, the author describes the implementation of heritage law in Indonesia as 3 (three) legal frameworks that are heavily influenced by it, namely civil heritage law, Islamic heritage law and cultural heritage law. During the colonial period, the colonial government of the Dutch East Indies...

The formation of State-Owned Enterprise Holding (BUMN) is a strategic plan to organize the BUMN’s management structure and its subsidiaries, aiming to optimize BUMN performance and create a more competitive business environment in Indonesia. However, as this holdingization increases, legal consequences...

After doctors refused to participate in the execution of chemical castration, prosecutors were obliged to be able to be proactive in law enforcement procedures against sexual assault against children. The goal of this study is to develop a model for chemical castration execution that can be used in police...

This article is a response to the mechanism for solving occupational safety crimes resolved through the criminal justice system that is unable to protect workers who are victims. Either individually or collectively by organizers of work safety systems that cause criminal consequences. As the only legal...

The advancement of digital information and technology has brought significant changes to the banking sector, including the utilization of digital aspects and Artificial Intelligence (AI). This has influenced consumer behavior and transaction patterns towards digital directions, prompting banks to transform...

The interests of coastal indigenous peoples in Bangka Belitung Islands in managing coastal areas are eroded by economic interests covered by mining licenses. This research examines the management of coastal areas by Bangka indigenous peoples in terms of coastal area management. This research uses a normative...

Based on the Juvenile Criminal Justice System Law of the government focuses on Restorative Justice and Diversion which focuses on the recovery of perpetrators rather than convictions such as on criminal acts committed by adults. The establishment of this law is intended to be able to eliminate the stigma...

The first emersion of the Regulation of Prosecutor General Number 15 of 2020 about the termination of prosecution based on Restorative Justice is expected to be able to resolve the crime in a peaceful way between the performer and the victim. During the run out of PERJA (the head of attorney general...

Restorative justice is a concept of justice that involves all parties in the criminal justice system including the community and aims to restore the situation as it was before the crime occurred. The problem is that currently the RJ concept prioritizes the interests of the perpetrators by avoiding the...

This study aims to obtain certainty for filling primary high positions which is carried out through open selection to obtain officials who have competence in the positions occupied. According to the ASN Law and PP on ASN Management, to get professional and competent civil servants so that they can run...

Sustainable Development Goals (SDGs) program are efforts to accelerate the achievement of sustainable development goals. SDGs Desa achievement is a derivative of SDGs National to 18 areas of development focus with a scale of values from 0 to 100. SDGs Desa in Kedungbanteng, Banyumas only reached a value...

This article describes the relationship between of the development of technology and information with the public service of seeking justice and examination of private dispute in district court, starts from the submission, examination, until the execution of the decision. Finally, this article also explains...

Recent events have brought indigenous peoples’ rights to the forefront of human rights discourse, from the aboriginals in Australia to the Adat communities in Indonesia. The U.S. maintains a difficult but unique relationship between the native people and the government. The continuing tension between...

In reality, doctors in the field carry out medical procedures, there is no guarantee that things will go according to plan and expectations. Events that may arise in patients after medical treatment are beyond the control of any party. As long as doctors carry out medical procedures according to the...

The development of the times that continues to run followed by the rampant environmental issues in the life of the nation and state, cannot be separated. Environmental crimes both from administrative, civil and criminal sides occur a lot in indonesia. Law enforcement and protection that occurs in cases...

The issuance of Government Regulation 18 of 2021 is a renewal in exploitation of indigenous peoples land for company businesses. However, the presence of this government regulation raises a problem, because the national land law does not stipulate that corporate use rights can be cultivated on land with...

Nutmeg is one of the leading commodities in South Aceh Regency in the field of agriculture, where there is a land area of 25,512 hectares with a production volume reaching 6,688 tons of dried nutmeg seeds per year. However, despite its significant potential, nutmeg is not yet considered as one of the...

Having the ability to sink carbon, seagrass meadows have a prominent role in the pathways of climate change resilience. However, the status of seagrass meadows in Indonesian waters is currently in a less healthy state since the percentage of meadows is 42.23%. Hence, this research aims to analyze the...

The problem of penghayat population, although it has found a bright spot, but in reality the marriage registration of penghayat women also experiences a lot of problems. The marriage of penghayat women and its problems have not been fought by other women. Almost all penghayat women do not have definite...

In carrying out coercive procedures, sometimes law enforcement officials make mistakes, one of which is wrong in making arrests of suspects. This constitutes a violation of human rights; therefore, suspects can sue for redress and rehabilitation through pretrial. This study raises the problem of how...

Land is one of the most important productive factors for human life and even supports the progress of a nation. The State of Indonesia has regulated the land in the Law Number 5 of 1960 concerning the Basic Agrarian Law. Article 10 of this Act provides that every person or business entity that owns agricultural...

The Constitutional Court (MK) issued Decision No. 21/PUU-XII/2014, which essentially added the scope of pretrial authority that had originally been set limitatively in Article 77 of the Criminal Procedure Code. The scope added by the Constitutional Court is about testing the validity of the status of...

Victims of criminal acts are often the most adversely affected, while frequently experiencing a domino effect due to the crime committed against them. Compensation or “ganti rugi” in this context is seen as a solution, but there’s a gap between the ideal and the actual implementation. This study uses...

The Provincial Government of Aceh received several special authorities to regulate their territory, one of which is the application of Islamic Sharia values to the local community which is regulated by Qanun, namely legal provisions similar to regional arrangements that regulate government and society....

This paper explores recent developments worldwide, particularly Indonesia, on the protection of the rights of Adat people to their customary lands in Indonesia and analyses them from the international law perspective using Senama Nenek community versus PTPN V tenurial dispute. This paper uses a normative...

Customary inheritance law is customary law that contains provisions regarding the system and principles of inheritance law, namely regarding the ways of transferring control and ownership of inheritance from the testator to the heir using applicable customary rules. Although the majority are Muslims,...

In the event of coercive urgency, the President has the right to issue Government Regulation in Liew of Act (“Perppu”) and constitutionally is a legal product as stipulated in Article 22 of the 1945 Constitution. The existence of the Job Creation Perppu which has been passed into law by the Parliament,...

Communication construction in a General Meeting of Shareholders (GMS), in principle, is an embodiment of creating an agreement to accommodate the common interests of all shareholders in carrying out joint business activities. However, it is undeniable that there is a binary opposition in the distribution...

This article discusses the tradition in marriage that is still being carried out by some Javanese people, namely the “Nyilih Manten” tradition. In this tradition the bride is presented in the groom’s residence a day before they hold the ijab qobul. The purpose of this study was to find out the views...

The Minamata Convention on Mercury, held on October 10, 2013, is a global response to the threat of pollution resulting from mercury waste. The Indonesian government ratified the Convention through Law No. 17 of 2017 concerning the Ratification of the Minamata Convention. Even so, the existence of the...

Payment of wages below the minimum wage is an employment crime that is classified as a crime. This shows how important it is for employers to pay attention to the wages set by the Government. This study aims to examine and analyze the legal consequences if employers pay wages below the minimum wage and...

The Financial Services Authority (OJK) is an institution established with the aim of supervising financial institutions and has a role in preventing and overcoming illegal fundraising that occurs in society. Supervision is carried out so that the financial institutions under supervision do not commit...

Corruption must indeed be recognized as a scourge and a serious threat to the life of the nation and state. The existence of corruption as an extra-ordinary crime can later be implied as a crime whose settlement is carried out specifically. Various ways of handling corruption cases have been implemented...

The purpose of this paper is to determine the limitations of the value of compensation (restitution) for victims of criminal offenses and to find out what criminal offenses can be given restitution and compensation. Restorative justice is a settlement process that is carried out outside the criminal...

Law Number 30 of 1999 on Arbitration and Alternative Dispute Resolution accommodates the implementation of arbitration and alternative dispute resolution in Indonesia. However, its existence is less effective in resolving civil disputes in certain communities because it does not accommodate the values...

The development of science and technology in a country can be monitored from the number of Intellectual Property Rights (IPR) that have been registered with the Director General of Intellectual Property Rights or the Patent Cooperation Agreement. IPR protection at the international level has been agreed...

In some areas, the coral reefs are utilized as tourist attractions. Therefore, coral reefs have the potential to develop as something that will be more beneficial for either the region and its people. On the other hand, this activity would cause damage to the coral reefs. Hence, a partnership that can...

The existence of witness testimony as evidence in criminal proceedings is prioritised to reveal the material truth. Therefore, KUHAP places witness testimony as the main evidence. In its development both theoretically and practically, in addition to the existence of the Crown Witness, based on the influence...

The existence of MSMEs in Indonesia is essential as the backbone of economic growth at the regional level. Unfortunately, the awareness of MSME actors to obtain halal certificates for their businesses is still low. It was found that many MSME actors paid little attention to legal and regulatory aspects....

The existence of MSMEs in Indonesia, especially in the post-pandemic period, is essential to support strong and inclusive economic stability and growth. Unfortunately, the awareness of MSMEs to protect intellectual property is still low. The research results in the first year showed that many MSME actors...

The position of Bankruptcy Preferred Creditor Labor in the provisions in Article 95 paragraph (4) of the Manpower Law, that workers’ wages get fulfillment first in the event a company is declared Bankrupt. Conflict of norms in filing a bankruptcy application at the Commercial Court without a PHI decision...

This article aimed to find out the results of the analysis and to provide knowledge and insight regarding the government’s commitment to resolving unresolved land conflicts. The juridical-normative research method was utilized in this paper, meaning library law research, which was carried out by studying...

Restorative Justice is one alternative for resolving criminal cases. This is because the concept offers peace to the parties involved. Additionally, with restorative justice, it is hoped that the conditions of the parties can be restored. However, there are instances of misappropriation in the implementation...

This study investigates the implementation and challenges of environmental law within the Nusantara Capital City development project. The Nusantara Capital City initiative aims to establish a new capital in Indonesia to address issues like overpopulation, developmental imbalances, and environmental problems...

Traditional culture is an intellectual work that needs to get legal protection. Traditional culture is the identity of the Indonesian nation which can be used economically for the progress and welfare of society. In the indigeneous people of Batak’s tribe, there is a nuque traditional dance called “Tortor”....

Homologation is ratification by a judge of a peace agreement between the debtor and the creditor to end bankruptcy. Peace (akkoord) in this stage is the most important PKPU stage, because in the peace plan the debtor will offer peace to the creditor. The bankruptcy decision reviewed in this research...

Doctors in carrying out their profession focus on providing all the abilities and knowledge they have to realize healing for patients. Because the doctor is a profession, noble values are attached to it, which must always be upheld by the holders of that profession. In Indonesia, all medical actions...

The development of a holistic healthy paradigm has led to the proliferation of products that claim health or fitness benefits. The strategy of selling products by involving doctors in advertising or marketing through multi-level marketing (MLM) has become a common phenomenon. Doctors are considered as...

Tax incentives are used as spatial planning controllers when a person or a legal entity could utilize a space according to the plan by the Regional Government. The norm conflict occurs when the national strategic project gets the opportunity to receive fiscal incentives in the form of tariff adjustments...

Conceptually, the Land Bank is an entity that provides land to be used productively in the future, among others for agricultural land. The Land Bank can function to ensure food sovereignty and rural development. This obligation includes the obligation to ensure the availability, affordability and fulfillment...

The Corruption Eradication Commission (KPK), an independent state institution, continues to face threats. The extension of the term of office of the current KPK chairman through the decision of the Constitutional Court (MK) Number 112/PUU-XX/2022 is not based on the principle of universal law, namely,...

This article aims to disassemble (gowerfen-sein) investigators in a state of normativity as something naturalistic towards a woman as a victim of sexual harassment who voices her suffering through social media based on complaints from those who feel aggrieved. The need for the implementation of law enforcement...

Criminal law politics, as implied in the New Criminal Code, has established a process of criminalizing customary law as a living law within the community. This criminalization process, in order to be subsumed under Article 1 paragraph (1) of the New Criminal Code, utilizes legal instruments in the form...

Over the past three years, restorative justice has become an essential issue in investigation and prosecution, in line with increasing awareness of victims’ rights. Restorative justice provides space for diversion, allowing criminal cases to be resolved outside court. This not only alleviates the workload...

Since its inception in 2003, the Indonesian Constitutional Court is often seen as a strong court. This is because unlike some courts which can only declare the law inconsistent with the constitution, the Indonesian Constitutional Court can go further by invalidating the law produced by the legislature....

Reports to the ombudsman regarding public services have been increasing annually. In 2022, the number of reports reached 22,197. This necessitates a review of the dispute resolution process for compensation that is swift, straightforward, and legally certain. This paper will discuss two main topics....

This study has the objective of knowing and analyzing the pattern of regional tax management adopted by the Government of Banyumas Regency as a source of regional development. The research uses empirical juridical methods with a qualitative approach, data collection techniques with a combination of interviews,...

Land Bank is a special agency established by the government to manage land. In this case, the land bank guarantees the availability of land in the framework of a fair economy. Land banks are authorized to provide land for public interests, social interests, national development interests, economic equity,...

The United Nations published the so-called Universal Declaration of Human Rights in 1948, after the end of World War II. The UDHR of 1948 was the world’s response to a country that had insulted humanity around the world. Building a more peaceful world free from fear and oppression and unfair treatment....

Hospitals have changed their services through technology and communication called telemedicine. This change was happened due to COVID-19 Pandemic and disruption of 4.0 industry revolution. Telemedicine practices happen in two types, which is the real time (synchronous telemedicine) using the phone or...

Increasing and uncontrollable mining activities cause various impacts on the community, specifically those around the site. The impacts are environmental damage, massive pollution (soil, water, and air), and damage to houses and public facilities. This study used normative juridical method, departing...

Investment fraud has increased recently in Indonesia and created victims on a massive scale, such as First Travel, Binomo, and Quotex. Cakrabuana Sukses Indonesia (CSI) occurred earlier than the three cases. The court decided this case in 2017 and immediately had permanent legal force because the two...

Confiscation, against an electronic device, in a crime related to the Information and Electronic Transactions Law, is an act of coercion as the authority of every law enforcement officer. However, the meaning of electronic devices, which are classified as Evidence, is still displaced in the meaning of...

A country with an agrarian background, land is something that has a very important value in people's lives. The existence of a fixed (limited) amount of land results in a struggle for land rights that can be a source of dispute for humans, even landowners are willing to sacrifice anything to maintain...

This study aims to determine, identify, and assess the existing conditions related to the institutional structure of ethical and disciplinary judiciary for medical practice in Indonesia, and the position of ethical and professional discipline verdicts as evidence in the resolution of medical practice...

Corruption committed by village officials in the Regency Banyumas stems from weak supervision carried out by institutions supervisor both internal and external. Supervision hold role important to management finance village considering sufficient village big funds so that risky open opportunity in its...

The euphoria of freedom of speech in Indonesia arose after the end of the New Order government, after the era in which authorities threatened dissent with subversion. At present, this freedom of opinion is also threatened by the Act Number 19 of 2016 regarding Information and Electronic Transactions...

Indonesia understands intellectual work as a basic concept of recognizing a work from a person's thinking power that requires recognition, respect and even protection as other assets with legal ownership. This shows that intellectual property rights exist by the presence of legal protection. This...

The Outline of the State Policy (GBHN) as the main guideline for the state policy is a form of regulation related to its implementation in the context of realizing a comprehensive and integrated statement of the will of the people and in substance the GBHN must contain the main points as the embodiment...

Presidential Instruction Number 1 Year 2022 on Optimizing the Implementation of the National Health Insurance Program in the Second Dictum Number 17 requires every applicant for registration of transfer of land rights due to sale and purchase to become an active participant in the National Health Insurance...

Indonesia is a country with a variety of cultures that exist in each region (multicultural). Given that each part has a political, social, economic, and cultural structure, the development of asymmetrical decentralization should be aimed at achieving local democracy by appreciating the distinctiveness...

The principle of fast, simple and low-cost justice has been regulated in Law Number 48 of 2009 concerning Judicial Power. However, in practice the application of these principles actually often results in accumulation of material and overlapping cases, the formulation of the problem is how to apply the...

Condominium hotel ownership in Indonesia is currently increasing, the positive benefits made Indonesian people investing capital in the property sector. Condominium hotels have unit owners, each condominium hotel tenants is bound by various restrictions in the shared space, in which parts, objects and...

Article 27 paragraph (2) of the 1945 Constitution states that “Every citizen has the right to work and a life worthy of humanity”. Human Rights (HAM) are two words that are difficult to separate. As is the case with female migrant workers from East Nusa Tenggara (NTT) who are victims of human trafficking....

This research will analyze supervision and coordination between agencies so that the principle of single citizenship is maintained by that adopted by Indonesia, which is carried out using a type of normative research that prioritises legislation related to citizenship as well as literature studies related...

The increase in fraud in electronic transactions such as copyright infringement and trademark counterfeiting is one of the excesses of e-commerce development in addition to the positive impact of legal regulations. Brand. The positive and negative impacts of brand rights on e-commerce media need to be...

The sustainable educational in Indonesia, aimed at producing increasingly better-quality outputs, has faced obstacles and challenges, including the learning achievement gaps caused by the COVID-19 pandemic, instances of concealed child exploitation, corruption in the education sector remains a significant...

In carrying out its functions, duties and authorities, the Attorney General Office of the Republic of Indonesia as a government agency that exercises state power in the field of prosecution must be able to realize legality, legal certainty, independence, objectivity, proportionality, fairness and efficiency....

The Constitution of The Republic of Indonesia recognizes and respects the cus tomary law community units that are spread across Indonesia. Customary law society with its local wisdom. One of the indigenous peoples in Indonesia is the Toba Batak Customary Law Community. The Toba Batak Customary Law Community...

The state of binary opposition in every social relationship is one of the causes of the emergence of injustice in the effort to obtain a decent livelihood. The loss of equality of justice in achieving a decent livelihood – in carrying out the process of specialist doctors, is precisely caused by the...

The objective of this paper is to elucidate the obstacles and factors that arise inside the bureaucratic civil service during the implementation of the merit system. The inefficiency displayed by state civil apparatus officials in the execution of their responsibilities, within both institutional and...

Agrarian conflicts have occured in Indonesia, such as the conflicts that occurred in the southern part of Central Java, including Purworejo Regency, Kebumen Regency and Cilacap Regency, these three districts have longstanding agrarian conflicts. Purworejo Regency has a “wadas” agrarian conflict that...

The purpose of law includes 3 values, namely justice, expediency, and legal certainty. However, in practice, law often does not emphasize all values and tends to forget one of them. Therefore, there has been an understanding where the value of justice is the most important value in the legal world. The...

Since the establishment of the Indonesia Competition Commission (ICC) in 1999, its existence has still not effectively upheld economic democracy, especially regarding unfair business competition. Based on the five principles of Pancasila, one principle that is very important to receive attention at this...

Marriages between adherents of different indigenous beliefs have become a contentious issue in Indonesia. This is primarily because the identity of these believers, as recorded on their National Identity Cards, is ambiguously labeled as “Belief in the One Almighty God,” without distinguishing between...

As a country recognized by the world with the concept of an archipelago country, most of the land connects and borders with waters and oceans. The coastal area has recently attracted enough attention to be studied from various sides. One of the tourism infrastructure in Pangandaran Regency, West Java...

Grants in Indonesia are regulated by several legal rules, namely Islamic Law, Civil Law based on the Civil Code, and Customary Law. There is one case of cancellation of grants made by parents against their children. Initially, the grantor gave a plot of land measuring 1938 m2 on February 17, 2003 to...

The success of a prosecution in a criminal case is highly dependent on the ability and shrewdness of a Public Prosecutor in constructing an Indictment and Charges. However, often the construction of the two letters in many cases involving the Offense of Participation, raises violations of the legal rights...

Micro, Small, and Medium Enterprises (MSMEs) have a central role in the national economy, but the government has given more contribution and full attention to large entrepreneurs, especially after the enactment of Law no. 11 of 2020 concerning Job Creation. So that this causes the need for legal protection...

The development of law in Indonesia, one of the efforts to carry out a reform of national law is the preparation of the Criminal Code which has been passed into Law of the Republic of Indonesia Number 1 of 2023 concerning the Criminal Code. The drafting of this law aims to replace the Criminal Code which...

The aim of this research is to determine the legal status of ISIS as a legal subject from an international law perspective and what are the legal implications of revoking the citizenship status of Indonesian citizens who leave ISIS. The research method uses a normative juridical approach and secondary...

Lingga Regency has 531 large and small islands spread throughout an area of 45,508 km2 that is made up of 2,235 km2 of land and 43,273 km2 of ocean. The potential of several tiny islands’ natural and marine resources is yet untapped. Regarding the Management of Coastal Areas and Small Islands, currently...

Diversion on child offenders is to implement a better alternative in comparision to the official procedures in court. The main issue of diversion is to put the child aside from formal court procedures. This study aims to find out the excuses for diversion’ absence. This study was designed with a normative...

Cooperatives are legal entities based on the principle of kinship with the aim of the welfare of its members and the prosperity of society. In fact, recently in Indonesia there have been many problematic cooperatives such as the Indosurya Cooperative, Pracico Inti Utama Cooperative, Pracico Inti Sejahtera...

Indonesia is a country that has potential in the aspects of economy, culture, sports and others. This condition is utilized by foreigners, in this case foreign citizens, who potentially have the same rights as Indonesian citizens to be involved in aspects of the economy, development, sports and arts....

The position of village treasury land in the Basic Agrarian Law and other laws and regulations is clearly regulated and recognized, but there are restrictions or it is not fully handed over autonomously to the village. The village no longer has full authority over the village treasury land, because it...

This research uses a type of normative research that is prescriptive with library study techniques. The research results were obtained from primary and secondary legal materials, that the Pancasila legal theory was born as a synthesis of developmental legal theory, progressive law, and integrative legal...

This study highlights the compelling need to integrate Artificial Intelligence (AI) to uncover the intricacies of financial misconduct in Indonesia. The decisive endorsement of AI by the Financial Action Task Force (FATF) to combat the scourge of money laundering reflects unwavering dedication. Guided...

The Supreme Court has issued Supreme Court Regulation concerning Electronic Administration of Cases in Court but in its implementation the regulation was not optimally implemented, so then the Supreme Court reissued New Supreme Court Regulation. The research method used is empirical juridical research...