Legal Protection of Health and Work Safety (K3) on Automotive Worker

Andriyanto Adhi Nugrohoa, Surahmadb, a,bFaculty of Law, UPN Veteran Jakarta, email: andriyan.adhi.n@gmail.com, surahmad1970@gmail.com

This purpose of this research is to investigate legal protection of health and work safety. The research method being used is normative juridical research, namely research using library data derived from primary sources, secondary sources, and tertiary sources, which analysed all data descriptively.  This study aims to (1) Analyse the implementation of occupational health and work safety (K3) in companies in the automotive sector, (2) Describe the company's liability for workers who experience work accidents. Pages 1 to 10




Judges Interpretation of “Simple Evidentiary” in Simple Court Settlements

Ayu Atika Dewia, Ahmad Khairunb, Rizky Ramadhan Bariedc, a,b,cthe lecturer of Islamic University of Indonesia, Email: a164100101@uii.ac.idbahmadkhairun77@gmail.comcrizkyr.baried@uii.ac.id

Against the background of the unclear regulation of “simple evidentiary” in The Supreme Court of the Republic of Indonesia by Regulation No. 2 of 2015 on the Procedure of Simple Court Settlement and its amendment on The Supreme Court of the Republic of Indonesia Regulation No. 4 of 2019, this study aims to find out judges’ interpretation and understanding of “simple evidentiary” in this regulation. As it is known, a rule regarding “simple evidentiary” is only set forth in one article, which is Article 18. This article sets directions that the verification procedure be carried out only against an objectionable claim, based on the applicable procedural law;  there is no need for additional proof against an unobjectionable claim. This rule has no indicative differences to the evidentiary procedures of another civil claim procedure. In turn, the regulation of “simple evidentiary” in simple claims procedure is confusing, and the judge’s interpretation is needed to clarify this phrase. In this case, the interpretation is carried out by considering other aspects of the whole governing regulation to determine the simplicity of evidentiary process for submitted cases. Pages 11 to 24




 Analysis of Islamicity Performance Index on Sharia Banks in Indonesia

Azwirmana* ,Zulhelmyb, Ari Suryadic, a,b,cFaculty of Economics,  University Islam of Riau, Jl. Kaharuddin Nasution 113 Pekanbaru Riau, 28284, Indonesia, Email: a*azwirman2001@yahoo.com 

The purpose of this study to assess the sharia banks by using the Islamicity Performance Index method. This is done to determine the development of the Islamicity Performance Index value and determine whether to prioritise business or social goals. The population and sample in this study is 3 units of sharia banks during the period 2011-2016. Research variables are Profit Sharing Ratio, Zakat Performance Ratio, Equitable Distribution Ratio, Directors-Employee Welfare Ratio, and Islamic Income vs. Non-Islamic Income. The results of this study show that average Islamicity Performance Index values tend to be increasing. The sharia banks in Indonesia prioritize their business performance over their socials performance. This is reflected from the results of business performance calculations, especially on the profit sharing ratio, which show that the sharia banks in Indonesia have applied for results accordance with Islamic principles, while their social performance is still less than satisfactory in both the expenditure of zakat and their low averages of the comparison between director's salary and employee welfare. The t-test results of a variety of tests on the Islamic Performance Index showed no differences in performance between Bank Negara Indonesia Syariah, Bank Syariah Mandiri, and Bank Rakyat Indonesia Syariah. Pages 25 to 36




The Influence of Social Identity on Adolescent Behaviour through Social Motivation in Female Motorcycle Gangs in Riau

Leni Armayatia, Zulriska Iskandarb, Ahmad Gimmyc, Zainal Abidind, aaculty of Psychology, Riau Islamic University, Pekanbaru, Riau, Indonesia, b,c,dFaculty of Psychology, Padjadjaran University, Bandung, Indonesia, Email: aleni.armayati@psy.uir.ac.idbzulriska_iskandar@yahoo.co.idcahmad.gimmy@unpad.ac.iddzainal.abidin@unpad.ac.id

This study aims to investigate the effect of social identity on juvenile delinquency through social motivation in adolescents who are members of female motorcycle gangs in the Riau province. This study used a sample of 211 respondents who are aged 13-18 years. Respondents were teenage female motorcycle gang members in Riau Province. Data analysis in this study used structural equating statistical techniques and LISREL 8.80 software. The results showed that social identity is associated with juvenile delinquency through social motivation. This means that social identity is part of the concept of self, and an individual’s being part of group has a significant influence on social motivation. Social identity contributed 14.29% to the occurrence of juvenile delinquency, especially in female motorcycle gang members in the Riau province. Pages 37 to 48




Effectiveness of Mediation Implementations in the Religious Courts of Indonesia

Dessy Sunarsia*, Yuhermanb, Sumiyatic, a,bFaculty of Law University of Sahid Jakarta, cFaculty of Communication Sciences University of Sahid Jakarta, Email : a*dessynew@ymail.com

Mediation, as one of the Alternative Dispute Resolutions, is seen as a way to resolve disputes that is humanist and just. Through Supreme Court Regulation No. 1 of 2008, which was later amended by PERMA Number 1 of 2016, mediation has been integrated into the court system. Every civil case must be resolved first through mediation. Any decision by a judge that does not go through mediation in advance is considered null and void by law. Mediation of the Mediator in the Religious Court is carried out by either the Judge Mediator or the Non-Judge Mediator. The mediator has a decisive role in a mediation process. The success of mediation is largely determined by the role of the mediator and also the active role of the principal. Mediation, if applied effectively, is certainly very beneficial for the parties of a dispute, especially in divorce cases. This is because the religious court institution also indirectly helps with the realisation of the objectives of a marriage, which are sure, mawaddah, wa rahmah, and eternal. Divorce cases occupy the highest rank in the Religious Courts; however, such efforts need to be evaluated and corrected because in reality, the application of mediation is still less than effective. This paper discusses (1) How effective is the application of Mediation in the Religious Courts? and (2) What are the obstacles that arise in the implementation of PERMA Number 1 of 2016 in the Religious Courts? This study is a juridical-empirical research paper. Pages 49 to 64




Response to Supply and Demand for Indonesian Palm Oil in International Markets: The Simultaneous Equation Model Approach

Detri Karyaa, Heriyantob*, Asrolc, aDepartement of Economics, Universitas Islam Riau, Jl. Kaharuddin Nasution No.113 Pekanbaru, 28284, b,cDepartment of Agribusiness, Universitas Islam Riau, Jl. Kaharuddin Nasution No.113 Pekanbaru, 28284.  Indonesia, email: b*heriyanto@agr.uir.ac.id

Palm oil is one of the ten main export commodities in Indonesia. The purpose of this study was to analyse the magnitude of response factors regarding the supply and demand of Indonesian palm oil. The data used in this study is Time Series data from 1981-2016. It was obtained from various sources such as International Trade Statistics, FAO, United Nations Commodity Trade Statistics, BPS, and others. The data analysis method used is the Two Stages Least Squares (2 SLS) simultaneous equation model. Calculation of parameter estimation is done by using the computer program SAS/ETS version 9.4 (Statistical Analysis System Econometric Time Series). The results showed that the magnitude of the response factors regarding the supply and demand of Indonesian palm oil were (1) The supply of Indonesian domestic palm oil was influenced by the area containing Indonesian palm oil and the price of urea fertiliser, which were both responses to long-term elasticity. Malaysia is affected by the area used by Malaysian palm oil and does not respond in both the short-term and long-term. (2) Indonesia's palm oil exports are influenced by the Rupiah exchange rate against the USD. In response to long-term elasticity, Malaysian palm oil exports are influenced by domestic demand for Malaysian palm oil. (3) Indonesia's domestic palm oil demand is influenced by the price of Indonesian palm oil and Indonesia's GDP per capita. Both are responses to long-term elasticity. Demand for Malaysian domestic palm oil is influenced by the price of Malaysian palm oil, the response to long-term elasticity and the price of Malaysian palm oil. However, it does not respond to both short-term and long-term elasticity. (4) Regarding international demand for palm oil, Indian palm oil imports are influenced by the Indian GDP and response to long-term elasticity. Pages 65 to 88




Dimensions of the Para-Diplomacy of Border Areas in International Relations Studies: A Systematic Literature Review

Fitrisia Munira, Margo Purnomob, aDepartment of International Relations, Universitas Islam Riau, bDepartment of Business Administration, Universitas Padjadjaran, email: afitrisiamunir@soc.uir.ac.idbpurnomo@unpad.ac.id

Paradiplomacy has changed the scale operations and monopoly of nation-states with the involvement of sub-state units in international cooperation. In the context of globalisation, the expanding role of sub-state actors have given rise to several interesting phenomena regarding international relations issues. This article aims to analyse the patterns, dimensions and research trends of border areas through paradiplomacy research. The review provides a better understanding of current paradiplomacy studies and discoveries that have not emerged in previous research. This research is based on a systematic literature review. It contributes to a significant research gap and can provide a new analysis of current paradiplomacy studies. It has important implications for border area co-operation research. The results  highlight that most previous studies that developed dimensions of paradiplomacy have been primarily conducted in Europe and America. They have not been conducted in small parts of Asian border countries. The originality of this article lies in there being no other research on paradiplomacy in border areas under the framework of a systematic literature review. This article represents a new direction of research for any countries who are anxious to develop dimensions for paradiplomacy. Pages 89 to 108




 The MAC Method (Mediation, Agreement and Certification) for the Grondkaart: An Alternative Dispute Resolution Strategy for PT. KAI and Society

Mohammad Hamidi Masykura*, Ida Nurlindab, Efa Laela Fakhriahc, Yani Puijiwatid, aBrawijaya University, b,c,dPadjadjaran University, email: a*hamidi@ub.ac.id

The Grondkaart is a Measurement Letter or Technical Preview which is measured by a Landmester (Land Measurement Officer) and endorsed by the Head Office of Cadastre and Resident. It also has a legal basis in the form of a decision (besluit) and/or determination (beschikking) which can also be used as an initial reference for the process of proving  land ownership rights. On the other hand, local people feel they have mastered the land around the Grondkaart over the years. When PT. KAI reported the residents to the police over a land grab, investigators assumed PT. KAI does not currently have a strong legal standing because the Grondkaart is not proof of ownership of the land. It is only as a measurement certificate and initial evidence to be able to register the land. Therefore, it does not have legal power and lacks legal certainty in land ownership. In order to achieve legal certainty over the ownership of the land, Article 49, paragraph (1) of Law No. 1 of 2004 regarding State Treasury confirms that goods belong to countries/regions in the form of land controlled by the central government. Regions must be certified on behalf of the Government of the Republic of Indonesia/local governments, which, according to this research, includes PT. KAI. In line with that, Article 86 of Law No. 23 of 2007 on trains also confirmed that the land already controlled by the government, local government or enterprises in the development of train infrastructure is certified in accordance with the provisions of the legislation in the land sector. However, PT. KAI is hampered by rules that the land must be mastered physically. There is no dispute over whether it wants to be registered. These provisions become a long series of polemics for the assets of PT. KAI against communities in several regions in Indonesia. Pages 109 to 127




The Existence of the Notary and Notarial Deeds within Private Procedural Law in the Industrial Revolution era 4.0

Hatta Isnainia, Wahyu Utomob, aLecturer of the Law Faculty of Yos Sudarso University, Surabaya, Indonesia, bDoctoral Degree Student of the Law University of 17 August, 1945, Surabaya, Indonesia, email: hatta.iwu@gmail.com

The industrial revolution era 4.0 brings changes in various sectors, including the legal sector. Phenomena of disruptive innovation in the industrial revolution era 4.0 stimulates the existence of the notaries and notarial deeds. Evidence in private procedural law questions whether they can be replaced by digital technology. The present study aims to examine the existence of notaries and notarial deeds as evidence of the industrial revolution era 4.0.  The present study is a legal normative study which utilises constitutional and conceptual approaches as its method. notaries in Indonesian institutions are established by the state in order to serve people who need evidence in the form of authentic deeds. Provisions regarding authentic deeds are regulated in the Indonesian Civil Code, which requires that a notarial deed is made, and its form is prescribed by the law. Moreover, a notarial deed is published by an appointed public official with whom the responsibility is placed. A notarial deed has an absolute character in which, from beginning till end, the deed consists of information that is submitted by the notary (Notaris Verklaring). The existence of the deed cannot be replaced by other technology. Pages 128 to 139




 Cancellation of Land Grants Based on Customary Law in Pelalawan District, Riau Province

Hayatul  Ismia*, Ulfia Hasanahb,  Firdausc, Devi Suarsantid, a,b,c,dFaculty of Law, Riau University, Pekanbaru, Indonesia, email: a*hayatulismi@yahoo.com,

Land grants in customary land law are a free agreement on land granting. To prove land grants according to customary law are still recognised, at the time of the registration of rights to land grants, they are systematically used as proof of customary land rights. Land rights are not an agreement where the implementation must be fulfilled by submitting juridical rights to the party receiving the grant. Rather, legal actions cause the transfer of ownership rights to the land concerned to those who are given a grant. In essence, a grant that has been granted cannot be withdrawn either in customary law or in the Civil Code. The purpose of this thesis is: Firstly, to find the consideration of stakeholders of the traditional petalangan in the cancellation of the village land grant of Segati, the sub-district of Pelalawan District. Secondly, to find the efforts made by indigenous people towards the cancellation of land grants carried out by the traditional petalangan stakeholders in the village. This type of research can be classified as sociological or empirical legal research which consists of identification of law (unwritten) and research on legal effectiveness. In this study, the author directly conducts research on the location or place in the study in order to provide a complete and clear picture of the problem under study. This research was conducted in Segati Subdistrict Village, Pelalawan Regency. The population and samples were all parties related to the problems examined in this study. The data sources used are primary data, secondary data and tertiary data. Data collection techniques in this study are interviews and literature study. From the results of the study, two things can be concluded: Firstly, the cancellation of the land grant is (because the land is not used as it should be and is not managed) the object of the grant that is in dispute. It is not approved by all indigenous stakeholders. Secondly, the efforts made by indigenous peoples towards the cancelled land grant involve conducting deliberations with traditional stakeholders as grant providers. Pages 140 to 153




The Practice of Dispute Resolution in Aceh's Traditional Justice

Hazar Kusmayantia, Efa Laela Fakhriahb, a,bFaculty of Law, Padjadjaran University, Bandung, Indonesia, email: ahazar.kusmayanti@unpad.ac.idbefa@unpad.ac.id

Most of the people of Aceh seek and obtain justice through traditional problem solving. The basic characteristics of customary law are dynamic, verbal and unstructured (uncodified). They are associated with the development of law in Aceh and the enactment of the formal legal system (District Court and Sharia Court). This leads to a variety of understandings regarding both traditional institutions and general procedures for dispute resolution processes. The normative juridical approach is carried out by examining and interpreting theoretical matters concerning the principles, conceptions, doctrines and legal norms that practice law in customary courts. The empirical juridical approach is carried out with field research aimed at the customary justice practice in Aceh. The conclusions obtained are that the Aceh customary court has guidelines for this procedure. These explain the actual role of court administrators and provide a set of procedural standards to be applied to all adat cases. By increasing awareness of these standards, customary justice in Aceh can run smoothly in the settlement of customary disputes. In doing so, the community feels justice. With the existence of customary justice in Aceh, the local community does not need to submit a case to the litigation track, which is known to be a very long process and requires no small cost. Pages 154 to 168




 Application of Cross Border Insolvency in bankruptcy from the Legal Perspective of Indonesian Civil Procedure Law

Hendri Jayadia, aLecturer in the Faculty of Law at the Christian University of Indonesia, email: ahendrijayadi79@gmail.com

The legal provisions concerning cross border insolvency or other terms, namely cross-border bankruptcy law, are only regulated in three articles. These are Article 212, 213 and 214 in Law No. 37 of 2004 concerning bankruptcy and postponement of obligations of debt payments. The definition of cross border insolvency in Indonesian bankruptcy Law is based on Article 212 of Law No. 37 of 2004, which deals with bankrupt assets that are located outside the territory of the Republic of Indonesia. Bankruptcy law in Indonesia does not regulate detailed mechanisms of law if there is cross border insolvency in the debtor's bankruptcy settlement. What legal action should be taken if the debtor's assets are outside the Indonesian jurisdiction in the legal procedural perspective? The procedural law used in bankruptcy proceedings is the Civil Procedure Code based on Het Herziene Inlandsch Reglement. The difference is only in the event of proof, where in the case of bankruptcy the payment of debt proof is simply referring to the provisions of Article 8, paragraph (4) of Law No. 37 of 2004. Can the legal provisions of the civil procedure in bankruptcy be applied in a cross-border insolvency? How can the application of civil procedural law in a cross-border insolvency apply internationally? The legal concept of civil procedures regarding cross border insolvency is a form of legal protection against creditors obtaining their rights to the distribution of bankrupt assets, especially concurrent creditors. Pages 169 to 184




Dominant Factors Affecting Economic Decisions in Rubber Farm Households in Kampar Regency, Riau Province: The Simultaneous Equation Model

Heriyantoa*, Asrolb, a,bDepartment of Agribusiness, Universitas Islam Riau, Jl. Kaharuddin Nasution No.113 Pekanbaru, 28284. Indonesia, Email: a*heriyanto@agr.uir.ac.id 

Rubber farming is the main livelihood of the people in Kampar Regency, Riau Province. Most of the rubber farming in Kampar Regency is managed independently by households. This study generally aims to analyse the economic decision making of rubber farmers’ households in Kampar Regency, Riau Province. Specifically, this study was conducted with the aim of analysing the dominant factors that influence the household economic decisions of rubber farmers and to formulate alternative policies that can be taken to increase the income of rubber farmers in Kampar Regency, Riau Province. This research was conducted using a survey method and was located in Kampar District. The data used in this study consisted of primary data, obtained using the interview method. Samples were taken through the simple random sampling method involving 60 rubber farmers. To answer the purpose of this study, the decision making of the rubber farming household economy used the simultaneous equation model approach with the Two Stages Least Square (2SLS) analysis method. It was analysed with SAS software version 9.4 for Windows. The results showed that only internal factors of farm households are responsive to household economic decisions. No external factors were included in the model that was responsive to the economic decisions of rubber farming households in Kampar District. This was in terms of production aspects, allocation of working time, income and expenditure of rubber farming households. From the aspect of production, no responsive internal or external factors were found, but the biggest effect was the number of productive rubber stems. Pages 185 to 200




The Emergence of Crime Areas in Pekanbaru City in the View of Anomie Theory

Kasmanto Rinaldia, aThe Lecturer of Criminology, Universitas Islam Riau, email: aKasmanto_kriminologriau@soc.uir.ac.id

The Changes and developments of the city cannot be separated from the existence of conflict. This, in turn, can certainly lead to the birth of crime in urban areas. It can also be found in Pekanbaru City. The high number of crimes in a region and the number of certain types of crimes that occur in a certain group of people is a growing phenomenon in society. By using qualitative methods in gathering research data, this study shows that the structural inequalities felt by people living in Kampung Dalam and Pangeran Hidayat Pekanbaru City put them at a disadvantage. Many cultural arenas require a person to show their success. However, the ways to celebrate success are not equally available in the city. This has caused distrust of the ways that are institutionalised and available to achieve cultural goals. Committing crimes is an alternative to satisfy desires and to achieve cultural goals. The emergence of crime areas is an adjustment that is made by individuals in urban area communities. This is due to an imbalance between cultural goals and the opportunities to use institutional means to achieve these goals. This can be categorised as a form of the innovation adaptation model. These adjustments occur as a result of mental conflicts experienced between the obligation to follow the institutionalised ways of achieving goals and the pressure to use illegal ways to achieve those goals. Pages 201 to 214




Culture Implementation of Corporate Social Responsibility at Pt. Riau Andalan Pulp and Paper in Pelalawan District, Riau Province

Made Devi Wedayantia, Achmad Nurmandib, Hasse Jc, aStudent of the Doctoral Program of Political Islam – Political Science Universitas Muhammadiyah Yogyakarta, Indonesia, Universitas Islam Riau, Pekanbaru, Indonesia, b,cDepartment of Political Science, Universitas Muhammadiyah Yogyakarta, Yogyakarta, Indonesia, email: amadedeviwedayanti@soc.uir.ac.id, bnurmandiachmad@umy.ac.idchasse@umy.ac.id

Organisational culture shows a common perception when carrying out an activity in an organisation. Thus, heterogeneity from various aspects in an organisation, such as differences in ethnicity, level of education, social status and religion, have the same perception. However, recognition of organisational culture can be seen in a dominant culture and sub-culture. Strong culture is a culture of adherence based on the core values of an organisation. The more members of an organisation recognise  core values, the stronger the culture of the organisation. Conversely, the fewer the members of an organisation who accept and implement the rules and regulations set by the organisation, the weaker the culture of an organisation. A weak culture shows lower commitment of employees towards an organisation. CSR PT. RAPP has received awards, including the award of the best CSR program implemented in Pelalawan Regency. It has received 2 Indonesian Corporate Social Responsibility Awards (CSR) in 2017. It is in the gold category for the industrial sector and manufacturing empowerment for local entrepreneurs. This is based on added value revenue in the business chain, the industrial sector and manufacturing community. Empowerment regards efforts to reduce unemployment rates and better the economy. This certainly becomes interesting for the writer, who wishes to find out about the culture of implementing CSR at PT. RAPP. The purpose of this study was to determine the CSR culture at PT. RAPP in Pelalawan Regency, Riau Province. This research is qualitative research. Pages 215 to 227




Application of the Shifting Burden of Proof Principle in Settlement of Consumer Disputes at the District Court in West Sumatra

Misnar Syama, Yussy Adelina Mannasb, Rembrandtc, a,b,cLecturer in the Law Faculty of Andalas University, email: amisnarsyam@gmail.combyussymannas@yahoo.comcrembrandtbuan@yahoo.com

Proof in the settlement of consumer disputes uses the reversed burden of proof principle, as stipulated in articles 19, 22 and 28 of the Consumer Protection Act. The application of this principle is carried out with the consideration that consumers have difficulty proving the mistakes of business actors due to not knowing the ins and outs of the production and distribution of goods and/or services that are consumed and used. It also requires expensive costs, so that protection for consumers is not effective. The application of this principle of in settlement of consumer disputes in the District Court in West Sumatra is not implemented as stipulated in Consumer Protection Act. This is due to the examination of submission of objection to the Consumer Dispute Settlement Board’s verdict. It is judex juris, so it does not require a proof process. Consumer disputes to be tried by the court, the burden of proof in accordance with the principle of actio imcubit probation (who postulate something he who had to prove it), as stipulated in article 163 HIR/283 RBG. This is different from what is stipulated in the Consumer Protection Act. Therein it is stated that businesses must prove the loss of consumers who are disadvantaged is through no fault of business. However, the consumer must still prove the presence or absence of losses. So, it remains unclear if the application regulating the burden of proof should be done by consumers and businesses. Pages 228 to 238




Regional Development Management through CSR in Pelalawan District, Riau Province

Moris Adidi Yogiaa, Made Devi Wedayantib, Achmad Nurmandic, Hasse Jd, aDepartment of Business Administration, Faculty of Social and Political Sciences Universitas Islam Riau, Pekanbaru, Indonesia, bStudent of the Doctoral Program of Political Islam-Political Science, Universitas Muhammadiyah Yogyakarta, Indonesia, c,dDepartment of Political Science, Universitas Muhammadiyah Yogyakarta, Yogyakarta, Indonesia, email: amoris.adidiy@soc.uir.ac.id,     bmadedeviwedayanti@soc.uir.ac.idcnurmandi_achmad@umy.ac.iddhasse@umy.ac.id

In the dynamics of regional economic development, one aspect that needs to be taken into account is the ability to use resources (both human resources and natural resources) as effectively and efficiently as possible. The ability to allocate and use these resources will largely be determined by the capacity and availability of the resources referred to. In other words, the supply (in the quantitative aspect), the quality of the resource (in the qualitative aspect) and the dimensions of its use must be formulated in a good, fair regional economic development policy framework, which is environmentally friendly and sustainable. One of the sustainable resources that can be used is a company operating in Pelalawan Regency through Corporate Social Responsibility (CSR). CSR funds need to be considered to support regional development. Regional development management through CSR can help alleviate the government’s role in implementing programs that have been established for regional development. This can be done through synchronisation of the company's CSR program and local government programs. Based on the data, Pelalawan has 421 companies consisting of 38 large companies (9.03 percent), 55 medium companies (13.06 percent) and 328 small companies (77.91 percent). They actively operate in Pelalawan Regency in 12 Districts. This certainly becomes interesting for the writer in terms of finding out about the management of regional development through CSR in Pelalawan Regency, Riau Province. The purpose of this study was to determine the management of regional development through CSR in Pelalawan Regency, Riau Province. This research is qualitative research. Pages 239 to 255




The Nomenclature of Judicial Reasoning Steps to Determine Mistakes and the Act of Videotron’s Procurement Corruption in the Ministry of Cooperatives and SMEs of the Republic of Indonesia

M.Musaa, Nyoam Serikat Putra Jayab, Shidartac, Heni Susantid, July Wiartie, a,b,c,d,eFaculty of Law, Universitas Islam Riau Pekanbaru, Indonesia, email: musa@law.uir.ac.id , heni@law.uir.ac.id , julywiarti@law.uir.ac.id

Differences in nomenclature, regarding the legal reasoning of judex facti and judex juris decisions, occur in determining the act of taking part in a criminal act. This is due to different reasoning methods. The legal consideration approach to judex facti decisions, in verifying facts as norms, is performed lexically. The way the judge's logic works is by using deductive logic and verifying the facts of the defendant's actions to normalise elements that are merely restrictive. The judex juris decisions of judges and the judex facti legal judgments understand the act of participation in corruption case by using an inductive reasoning method. Judex juris decisions examine judex facti legal considerations by determining the major premise more extensively. Judges search for the legal principles underlying norms to verify the facts of the defendant's condition. The results of the verification and the conclusion of judex juris state that the defendant's actions are proven but there are no faults. Thus, judex facti decisions are cancelled and it is decided that the defendant is free from all legal charges. Pages 256 to 267




Constructions of the Norms and Values of ASEAN towards Drug Trafficking in Southeast Asia

Rendi Prayudaa, M. Arsy Ash Shiddiqyb, Rio Sundaric, Tito Handokod, a,b,cInternational Relations, Faculty of Social and Political Sciences, Universitas Islam Riau, Pekanbaru Indonesia, dGovernment Studies, Faculty of Social and Political Sciences, Universitas Riau, Pekanbaru Indonesia, email: arendiprayuda@soc.uir.ac.id, barsyshiddiq@soc.uir.ac.id, criosundari@soc.uir.ac.id, dtito.handoko@lecturer.unri.ac.id

This paper aims to express the norms and values of ASEAN regarding drug trafficking in Southeast Asia. Narcotics are one of the greatest threats to human security in Southeast Asia. Drug trends and patterns have always moved and have bad effects on human security in Southeast Asia. The research method used was a qualitative approach. This research used a constructivist approach with the theory of International Regime by Hansenclaver. By examining the literature on ASEAN and transnational crime, this paper includes the construction norms and values of ASEAN regarding drug trafficking. The results shows that the construction norms and values of ASEAN are to provide a common perception for all ASEAN members in countries related to drug trafficking. This is because it is a common security threat in the region. By negotiating factors in ASEAN, members scope it by building an integrity pact through the ASEAN Spirit and ASEAN Way. They also negotiate law enforcement factors in every state. Pages 268 to 283



Determinants of Indonesia's Industrial Technology Development

Abd Thaliaa, Nur Aisyah Thalibb, aAssoc. Prof. at Law Post Graduate, Universitas Islam Riau, Indonesia, bPost Graduate Law Student, University of Diponegoro, Semarang, Indonesia, Email: athalib_abd7164@yahoo.combnuraisyahthalib@yahoo.com

Most of the developing countries (hereinafter DCs) increased their technological base apart from the developed nations, but they also depend on the existence of the local uplift created by the technology of Research and Development (hereinafter R&D), evaluate alternative options for the transfer of technology (hereinafter TT) in line with timely resource endowments and socio-economic development objectives, and, finally, efficiently utilise this technology to heighten their living standard. Nowadays, in light of the Paris Convention of 1883, new challenges are being faced due to the increased use of the patent systems in the knowledge-based economy and the growing sensitivity to the patent system’s social and economic role in society. This paper addresses and highlights today’s international challenges surrounding the international patent system. In Indonesia, there are even regulations on the TT that have been issued, but there is no special regulation for it. Besides that, the Capital Investment Coordinating Board (BKPM) can also assess the technology component of investment proposals but has made little use of this authority due to lack of technical expertise. Some of these provisions may have to be amended in light of the TRIPS Agreement. Pages 284 to 299

Resolving Economic Syari’ah Cases in Small Claim Courts and Religious Courts

Ali Amrana, Faculty of Law, Universitas Andalas, West Sumatra, Indonesia, email: aliamran@law.unand.ac.id

Indonesia entered into a development phase of its judicial mechanism when PERMA No. 2 of 2015 was promulgated on August 7, 2015. This regulation reformed the Indonesian civil judicial system, redefining its settlement mechanism of claims in small disputes. This regulation is an evidence of the government’s resolution to provide quick, simple and affordable court process, and make justice accessible by establishing a small claims court mechanism. Such an adoption of a small claims court in Indonesian judicial proceedings through the Supreme Court Regulation is expected to fill up the vacuum that is felt by investors and corporates for fast dispute settlement.  This article attempts to understand this new law, and assess the effectiveness of the establishment of this mechanism. This article also includes a factual description of a court case tried by the small claims court. This regulation also met the need of the rising number of claims burdened upon district courts, much felt by its traders and small businesses which commonly entered into disputes in their business activities. Pages 300 to 308

Post Elections Conflicts in Indonesia and their Democratic Resolution

Askariala, aThe Lecturer of Criminology at Universitas Islam Riau Pekanbaru-Indonesia, Email: aaskarial@soc.uir.ac.id

Local elections in Indonesia gain a national political agenda and a priority of democracy, a challenge for the Indonesian political system to execute fair and transparent elections. Contestants often indulge in post-election battles and conflicts, raising doubts over the success of the democratic political set up. This study delves into the issue of elections, from campaigning to the declaration of results, and the role of the Supervisory Committee in maintaining the decorum of the democracy. It argues how a democratic country like Indonesia must establish a code of conduct and develop an awareness among its people to participate in elections with the willingness to accept win or loss. In any competition or race, there are always winners, but there are also losers. If all win or all lose, it is not a competition. Hence, contestants must be prepared to win or lose. The Law Courts and the Constitution must also ensure that contestant develops an attitude of tolerance and that they work professionally to contest a fair election in Indonesia, mitigating any conflict to be brought to a Constitutional Court. Pages 309 to 319

Completion of Business Disputes through Online Dispute Resolution (ODR) and its Implementation in Indonesia

Bambang Sutiyosoa, aLecturer at the Faculty of Law of UII and Advocates in Yogyakarta, email: abangyosku@gmail.com

This paper seeks to discuss several matters relating to the resolution of business disputes through ODR, Online Arbitration Agreements, Online Arbitration Process, Online Arbitration Awards, and ODR Enforcement in Indonesia. Descriptions in this paper are expected to provide clearer discourse about ODR and the extent of existing legislation governing the settlement of civil disputes (carried out via the internet). They are also expected to provide clearer discourse about the possibility of alternative civil dispute resolution through ODR that can be applied in Indonesia. With this ODR, in the future, it will open new alternatives for the people of Indonesia, especially justice seekers, in resolving their disputes in the future. Pages 320 to 330

The Implementation of the Principle of Seeking Material Truth in Civil Procedure Law in Indonesia

Lonna Yohanes Lengkonga, aLecturer of Civil Procedure Law Faculty of  Law, Universitas Kristen, Indonesia

Email: alonna.yohanes@gmail.com

Civil Procedure Law is based on Het Herziene Inlandsch Reglement (HIR) in civil trial court implementing the principle  of  seeking  formal principle (formeel waarheid) as a civil law procedure. Judges only implement seeking formal truth through evidence filed by parties in trials, where no conviction is required. In practice, judges exist who not only implement the seeking of formal truth, but also implement the seeking of material truth in examining a civil case in a court as a verdict. Does the Seeking of Material Truth Principle in civil  procedure law not violate the civil procedure law, where judges in  civil cases are passive rather than active as in criminal cases? Is the implementation of this principle beneficial for parties who  seek  justice for their case in a court trial? In the practice of civil litigations, do judges need to implement the Seeking of Truth Material (Materiele waarheid) regarding the proof of civil litigation, as mandatory to seeking formal truth (formeel waarheid). It is necessary to seek justice for parties with impartiality and uphold the truth in examining a civil case in a court to be a verdict. Pages 331 to 349

Observing Notarial Gross Deeds in Syariah banking: Can this be Done?

Habib Adjiea, aLecturer of the Law Faculty of Narotama University (Unnar) Surabaya, Email: adjieku61@gmail.com

Article 1, Number 11 of the UUJN says that a gross deed is a copy of a deed for debt acknowledgement.The heading is‘PRO JUSTICE UNDER THE ONLY GOD’, which has an executory power. It is strict and clear that a gross deed is only given to a bank or to a private person for debt acknowledgement. The term ‘debt acknowledgement’ only exists for conventional banking. Syariah banking does not recognise the term ‘debt acknowledgement’, it only acknowledges the term ‘financing’. As it is unable to be interpreted differently, Syariah banking, in respect of financing, uses‘Murabahah Agreement (Akad Murabahah)’.In the event that such aforesaid financing is drawn up in a notarised deed, any other method shall not be given a gross deed. In article 244 of the HIR, a gross deed is only given as a promissory note.Thereby, there are 3 different terms, namely debt acknowledgement, financing and promissory note. Are they similar in meaning or do they have different meanings? If these terms have the same meaning, it only means that a gross deed may be given to anything that bears a characteristic of a debt.If they have different meanings, then a gross deed may not be given for a financing with Syariah banking because literally, financing is not a loan or debt. Pages 350 to 360
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