Issue 2018 - Volume 12, Issue 4

Issue 12:4

Daniel Hendrawan, S.H., M.Hum, Yelma Nomida Alvisalia, S.H.

Juridical Review of Mastering and Utilization of Land Rights Based on Land Letters (Skt) Connected with Mining Business Licenses (Iup) Based on Law of Number 4 the Year 2009 Regarding Mineral and Coal Mining

Minerals and coal as one of Indonesia's natural resources are used for the greatest prosperity of the people so that the state controls it. Based on Law No. 4 of 2009 on Mineral and Coal Mining, state control within the scope of business can be delegated to other parties within the Indonesian mining legal territory, one of them is the existence of an IUP. IUP serves to carry out mining business activities. IUP holders are not holders of land rights, and holders of land rights do not…

Issue 12:4

Christian Andersen

Legal Aspects of Asset Valuation on Copyright as Part of Boedel (Countable-List) in the Process of Bankruptcy in Indonesia Following the Latest Copyright Law Act No. 28/2014

In Indonesia, recording activities of bankruptcy’s countable list by a curator are very limited when the conduct of legal proceedings pertaining to some intangible assets especially when we talk about Intellectual Property Right (IPR) from the submitted party of bankruptcy. Even though IPR is an asset the most potential while running business activities. Among the IPR another regime, copyright considered the most striking in assigning its economic value. The monetization of IPR especially…

Issue 12:4

Sinta Dewi

Privacy: An Overview of Indonesia Statutes Governing Lawful Interception

The right to privacy is an issue that draws a lot of public attention, especially when associated with the frequent interceptions made by the state upon state citizen private communications in the course of legal enforcement. Yet, those state practices in the form of surveillance and interception of communications have disrupted citizen’s privacy right indeed. In Indonesia, in the post-Constitutional Amendment, the right to privacy is recognized as one of the fundamental rights of citizens that…

Issue 12:4

Elis Rusmiati, Nella Sumika Putri, Ijud Tajudin

The Corruption Court in Indonesia: History and Development

The corruption eradication in Indonesia currently requires a faster,  more assertive, and more significant effort of settlement. One of the reformation efforts is made by the government through the establishment of corruption court. Since 2009, the corruption court has been existing as a special judicative entity that handles corruption cases. However, there are many obstacles found during the dispute settlement of corruption, especially in the process of implementation that is often not in…

Issue 12:4

Muhamad Amirulloh and Vidya Noor Rachmadini

Legal Certainty in the Use of Certification of Trustworthiness by Indonesian E-Commerce Business

The development of information and communication technology has changed various patterns of human life, one of which is electronic commerce (e-commerce) which has many advantages but is also quite vulnerable to the problems and losses it causes. One of the problems that often occurs in Indonesia is the fraud of electronic transactions by businesses electronically in Indonesia. Responding to this, the use of a Certificate of Trustworthiness on the sites of business people can be carried out…

Issue 12:4

Prita Amalia, Danrivanto Budhijanto

The Force of Strategic Infrastructures: The Role of Public-Private-Partnership to Strengthen Sustainable Developments in Indonesia

The Republic of Indonesia as greatest archipelago state in the world with over 260 million people, facing various of challenge in the infrastructure sector. Nowadays, the growth of infrastructures has been the focus of the Indonesian government. Infrastructure means not only for transporting people, but also goods and services including information. Indonesian government scheme to build huge numbers of infrastructures such as road, highway road, bridge, and airport also broadband networks.…

Issue 12:4

Ranti Fauza Mayana Tanwir, Daniel Hendrawan

Use of Non-Disclosure Agreement as Legal Protection in Trade Secrets to Investment Security

The world of investment and business is growing very rapidly. These developments occur both in Indonesia and internationally. Many investment actors want to keep the secrecy of the products or services they trade. Most of the things that these investors have are a novelty, but there are also not necessarily new things but not many people who understand and understand how to get the results obtained. For that reason, things like this need to be protected so that the creators of those things…

Issue 12:4

Mella Ismelina Farmas Rahayu, Anthon F. Susanto, Liya Sukma Muliya

Religious-Cosmic Based Philosophical Foundation of Environmental Development Law in Sundanese Local Wisdom

The philosophical foundation of environmental development law in Indonesian society currently is still dominated by western philosophers who are capitalistic, liberalist and individual, who emphasize on human aspect as creatures who are free to exploit their living environment, so that it tends to be anti-ecological. Copious approach on scientific method and rational analytical thinking has emerged anti-ecological attitude. Economic development (consumptive) and infinite growth of technology…

Issue 12:4

Agus Setiawan

Horizontal Consistency of the Settings of the Exception in Carrying Out a Notary’s Official Pledge

Article 17 Law no. 8 of 2010 on Prevention and Eradication of Money Laundering Criminal Act (“LPEMLCA”) in conjunction with article 3 letter b. Government Regulations No. 43 of 2015 on Complainant in the Prevention and Eradication of Money Laundering Criminal Act (‘GR No. 43/2015’); it is obligatory for a notary to give reports.  Article 4  paragraph (2) Law no. 30 of 2004 on Position of Notary (“LPN”) in conjunction with article 16 paragraph (1) letter f Law No. 2 of 2014 on Changes to the Law…

Issue 12:4

Pan Lindawaty Suherman Sewu

Legal Higher Education in Indonesia in Facing ASEAN Economic Community

The society’s need for law in the modern era is increasing; therefore, the need for Law graduates is increasing as well. Professions in the field of law are professions that appeal to many people in Indonesia. One of the reasons is because this profession is considered a profession with an income that belongs to the highest five income in Indonesia. One of the important aspects of realizing ASEAN Economic Community is the law aspect. Legal higher education becomes an essential supporting…

Issue 12:4

Nella Sumika Putri

International Cooperation to Suppress Transboundary Corruption in Indonesia

Indonesia already made some agreements with other countries to cooperate combating corruption, but the process of cooperation to eradicate corruption has not always been smooth. Even though Indonesia has co-operated with other countries in form of legal policy and law enforcement, the formal process takes a long time and high fees. Dual criminality, different legal system and good willingness are some factors that inhibiting law enforcement process. Hence, besides the formal way, good…

Issue 12:4

Bilal Dewansyah, Irawati Handayani

Reconciling Refugee Protection and Sovereignty in ASEAN Member States: Law and Policy Related to Refugee in Indonesia, Malaysia and Thailand

Most of Association of Southeast Asian Nations (ASEAN) member countries perceive themselves as non-immigrant nations. It means that most ASEAN countries are not the destination for immigrants to settle. This approach also appears when they responded to the massive influx of the refugee in the south-east Asian region. In absence of ASEAN regional mechanism on refugee protection (which means covered all stage of treatment for refugee), a few ASEAN member countries - Indonesia, Thailand and…

Issue 12:4

Asep Setiawan, Endang Sulastri, Sumarno

Model of Pro-People Foreign Policy as Indonesia’s Response Toward Better Citizen Protection

Indonesian administration under Joko Widodo introduces the pro-people foreign policy as a response to protect the migrant workers overseas. This study examines the concept of pro-people foreign policy orientation and how it is implemented. Taking the case of economic migrants in Malaysia, the study uses the qualitative method.  The study shows that the current government applies principles of state existence to deal with the citizens overseas. Certain facilities for protection of migrant…

Issue 12:4

Sugianto

Synergy of National Leadership to Strengthen State Diversity and Integrity of the Republic of Indonesia

Indonesia is a unitary country with a diverse population. In this country, there are various ethnic groups, religions, and races that live side by side. But in the midst of a pluralistic society, there are problems that threaten diversity. The social conflict that occurred in the community, whether it was racially, ethnically or religiously, then occurred in several regions in Indonesia. In an effort to strengthen the unity of the nation, ultimately the role of leaders is needed to be able to…

Issue 12:4

Zainal Muttaqin; Adrian E. Rompis; Amelia Cahyadini; Rafika Fajriati Nastiti

Natural Gas Alocation in Indonesia: Administrative Law Perspective

Indonesia’s natural resources have its own interest in the international community, specifically oil and natural gas. The conduct of nation and state activities and actualization of the prosperity of the people must be landed by a governing law, including the management of oil and natural gas. Oil and natural gas as one of the contributors to the Indonesian Budget (APBN). With open market projects, privatisation, and energy consumption intervention, in this context the state’s mega project is…

Issue 12:4

Muhammad Azhar

The Implication of Mohammed Arkoun’s Political Ethics in the Practical Politics

The writing of this article was at least motivated by several reasons: first, Mohammed Arkoun is one of the postmodern/contemporary Moslem scholars (2st1 century) –after the era of Modernist Moslems such as Abduh and Ridha—who owns authority to re-establish the ‘submerged iceberg’ of the rich potential of Islamic thought. Second, in comparison with other scholars, Arkoun is a Moslem philosopher with the ability to combine “Islamic authenticity” and the broad knowledge of contemporary social…

Issue 12:4

Ratnia Solihah, Siti Witianti, Mustabsyirotul Ummah

The Importance of Police Neutrality in Creating Democratic Election

Indonesian National Police’s (Polri) professionalism regarding elections is identified by the public with the neutrality of the police in realizing democratic elections. Polri's professionalism in the political year ahead of the simultaneous elections in 2019 is still considered not optimal by some circles, when viewed from the institution's neutrality attitude and behavior in dealing with several issues in relation to political contestation in the political years, especially before the…

Issue 12:4

Sujasmin

Guidance and Tightening of Remission for Narcotics Prisoners as a Countermeasure for Security Threats from Drug Dangers

Guidance of Prisoners and Criminal Children Narkoba (Narcotics, Psychotropic, and Dangerous Drugs) has distinguished the coaching of convicts in general. This writing can be known Remissions are the right of prisoners and criminal children who cannot be separated by obligations. Rights and obligations must be mutually met, and mutually balanced. Giving Remission of Requirements for Narkoba Prisoners is a tightening, in addition to meeting the general terms of good behavior, as well as special…

Issue 12:4

Rd. Ahmad Buchari, Budiman Rusli, Asep Sumaryana, Kurnia Muhamad Ramdhan

Participatory Development Between Government and Local Social Movement to Increase Security for the Low-Income Communities in Bandung Barat, Indonesia

This paper presents the result of research that reflects participatory development between government and local social movement to increase security for the low-income communities in Bandung Barat district by improving public service delivery on The Housing Estate Development Program on Lembang sub-district, at Suntenjaya Village. This research used a descriptive method and qualitative approach. Data was obtained not only from literature study, but also field studies in the form of non…

Issue 12:4

Fajar Rosyadi, Rizki Ananda Ramadhan

The Role of the Indonesian Air Force in the Prevention of Drug Smuggling in Halim Perdanakusuma International Airport: A Case Study

The research is aimed to elaborate and to analyze the role of the Indonesian Air Force in preventing drug smuggling in Halim Perdanakusuma International Airport. Drug Smuggling which is classified as one of the trans-national crimes becomes a huge non-traditional threat for national security. This research employs a qualitative method. Two types of data were used in this study. Data and documents related to drug smuggling in Halim Perdanakusuma International Airport were used as secondary data,…

Issue 12:4

Arry Bainus, Dina Yulianti

Food Security or Food Sovereignty? Questioning the Paradigm of Indonesian Military Involvement in Agriculture

Indonesian military (TNI) involvement in the agricultural sector had begun since the 1960s when they had a significant role in a global modernization of agriculture project led by the US government and world donor agencies, namely the Green Revolution. In 2015, TNI signed a MoU with the Ministry of Agriculture in a “Special Efforts Program for Accelerating Food Production” which again delivers an important role to the military in the agricultural sector by implementing a Green Revolution…

Issue 12:4

Erwin Dwi Koerniawan

Synergy of Sam Ratulangi Air Force Base and Regional Government in Flood Natural Disaster Management in Manado City

The impact of flash floods that occurred in the city of Manado a few years ago resulted in significant material losses and casualties. The Manado City Government through the National Disaster Management Agency (BNPB) has an effort to deal with disaster problems, particularly floods, including involving the Air Force of the Sam Ratulangi Air Base. However, it must be admitted that there are still obstacles to optimize the Indonesian Army Force in supporting natural disaster management in the…

Issue 12:4

Dian Bashari, Arry Bainus, Wawan Budi Darmawan, Karlina Aprilia Kusumadewi

Adi Sutjipto Air Force Base Policy for Dealing with Non-Traditional Security Threats in Safeguarding Civil Enclave Area in Adisutjipto Airport Yogyakarta

This research is concerned with "Adi Sutjipto Airport Policy for Dealing with Non-Traditional Security Threats in Indonesia in Safeguarding Civil Enclave Area in Adi Sutjipto Airport in Yogyakarta" which aims to determine the extent of Adi Sutjipto Airport Policy in safeguarding the Airfield and Adi Sutjipto Airport to deal with non-traditional security threats in Indonesia.  Non-traditional threats are threats that are not carried out by the state but by irresponsible actors and cause human…

Issue 12:4

Dani Mohammad Ramadhan, Rina Hermawati

Anthropological Insights for the Study of Security: Cases in National Threats over Social Media Usages in Indonesia

Since its inception in the 90s, social media become a primary means of communication today, and as the user base of social media expands over time, so does the threat and insecurity for its users. So much so it recognizes as one of the national threats in Indonesia. Using anthropological approach, this article describes the current body of knowledge in the study of security from anthropological perspective first. And then we submit our results about social media usage among Indonesian teenagers…

Issue 12:4

Muhammad Elang Ulul Azmi, Yusa Djuyandi, Akim

Obstacle Factor in Flight Safety and Security at the Air Force Base in Husein Sastranegara Airport Bandung

Air Force Base Husein Sastranegara is a military air base carrying out training and operations support for the Air Force. There is a potential disruption, obstacle especially high buildings that continue to grow in the city of Bandung. The readiness of the Air Force base can be disrupted if the factor obstacle this is not resolved properly because it involves the security and safety of the flight in Husein Sastranegara Bandung. This study uses a qualitative method, where primary data is…

Issue 12:4

Junardi Harahap, R. Bambang Soediadi A.P, Ira Indrawardana

Village Security Based Weapons and Plants

The problem of defense and security of a village in the Sunda region is very important and in our society has a very strong defense in the existing society using all the elements used to maintain the sovereignty of a village in the Sunda region is very important and is done by using various weaponry which is owned to defend the territory in the Sunda region, one of which is used as a kujang and other weapons in the past from colonialism. To defend and also strengthen the body rather than…

Issue 12:4

Junardi Harahap

Border Area and National Security Issues

The border is an unattached part of the Republic of Indonesia which must be maintained at all costs. The concept that must be made in the view of the border is to make the border area as a region that becomes the front porch for the nation of Indonesia. The border as a territory that must be run and used as the main grip in the security area. Various security problems will occur if we watch security is so important because it would endanger national security if you see the border area of ​​the…

Issue 12:4

Achmad Sugiono, Akim, Rizki Ananda Ramadhan

The Implementation of the Triple Helix Model in the Indonesian Aerospace Defense Industry

National defense can be defined as any effort to defend the country's sovereignty, territorial integrity and security from threats and harassment. Ideally, the fulfillment of defense equipment for strengthening the country's defense makes use of domestic production. In general, the current Indonesian defense industry particularly Aerospace Defense is not independent yet. The fact that the fulfillment of defense equipment has been mostly from imported products results from a lack of…

Issue 12:4

Tofan Fajar Mulia, Widya Setiabudi Sumadinata, Windy Dermawan

Determining Strategy of the Indonesian Air Force Military Cargo Aircraft in Supporting the Global Maritime Fulcrum

This research aims to find the type of military cargo aircraft of Indonesian air force in accordance with the standardization and Indonesia's national defense in supporting the Global Maritime Fulcrum. In doing so, researchers analyze the military cargo aircraft of Indonesian Air Force from the four types of aircraft that became public discourse, namely the C-130J Super Hercules aircraft, AN-77 aircraft, and A-400M aircraft. The selection of the military cargo aircraft of Indonesian Air Force…

Issue 12:4

Tri Nugroho, Arry Bainus, Wawan Budi Darmawan

TNI Involvement Strategy on Determination of Defense Budget Policy in Legislative Institutions

The purpose of this study is to determine the urgency of TNI involvement in the Legislative Institution in determining the defense budget. In doing so, we analyzed the involvement of TNI in the Determination of Defense Budget in Legislative Institutions using the Analytic Hierarchy Process (AHP) method. This study uses qualitative methods by collecting data through interviews with a number of informants, both academics in the field of the defense budget and in the field of defense analysis.…

Issue 12:4

M. Miftahul Ghufron, Ari Ganjar Herdiansyah, Nuraeni

Air Power Development Strategy to Maintain Indonesian National Security as the World Maritime Axis: A Study on the Air Territory of the National Air Defense Command Sector I

World maritime axis policy declared by the Indonesian government today is an opportunity as well as a challenge that must be faced with the right steps by the Indonesian Armed Forces (TNI), especially in terms of defense and security. Moreover, as an archipelagic state, Indonesia must provide a crossing route for both shipping and aviation called Indonesia’s Archipelagic Sea Lanes (ASL). The existence of ASLs as the main shipping and foreign aviation routes creates vulnerability and potential…

Issue 12:4

Yusa Djuyandi, Arry Bainus, Widya Setiabudi Sumadinata

Synergy Between Regional Command Unit of Indonesian National Army (Tni Ad) and Local Government in Encouraging the Spirit of State Defense

At this time, security threat to the state cannot only be seen from military threats but also can be seen from non-military threats. Non-military threats, such as threats of ideological, political, economic, social and cultural dimensions can undermine the spirit of nationalism. To overcome the low sense of nationalism, then the government organized a state defense program. The synergy between regional command unit of Indonesian National Army (TNI AD) and local government in the state defense…

Issue 12:4

Nicolas Sinaga, S.H.

Authority of Military Police of the Indonesian Air Force in Handling National Airspace Boundaries

This research aims to describe and analyze the authority of the Military Police of the Indonesian Air Force in handling national airspace boundaries.The method applied in this research is a qualitative method. The data used in this research are primary and secondary data. The data collection techniques are carried out by in-depth interviews, literature studies and documentation studies. The data analysis used the interactive data analysis techniques of Miles and Huberman which consist of data…

Issue 12:4

Eko Septiawan, Ari Ganjar Herdiansyah, Windy Dermawan

The Enactment of State Defense Awareness with the Sinergy Conception Among Military, Government, and Civil Society: Study in Adi Soemarmo Air Base, Surakarta, Indonesia

The enactment of state defense awareness (bela negara) is a systematic and structured effort carried out by the state or non-state actors in mobilizing citizen patriotism in order to strengthen national defense. The endeavor is crucial mainly in countries with limited military infrastructure. This study analyzes the enactment of state defense awareness initiated by military agencies in the civil realm through the territorial defense empowerment. This study was conducted at the Adi Sumarmo Air…

Issue 12:4

Yusa Djuyandi, Margynata Kurnia Putra, Haris Faozan

Political Communication Between the House of Representatives and the Ministry of Defense in Discussing the Republic of Indonesia State Defense Policy

The desire to optimize all potential resources available to support national defense, including making the people as a supporting component, needs to be regulated in law. Political communication between the Commission I of the Indonesian House of Representatives (DPR) and the Ministry of Defense in order to ensure that the discussion of the National Resource Management Bill (PSDN) for National Defense does not encounter obstacles is something that needs to be done. This study uses a qualitative…

Issue 12:4

Danrivanto Budhijanto

The Virtual Jurisdiction to Combating Cyberterrorism in Indonesia

The neo-cyberterrorism crafting their actions by social media platform in a virtual world. There are terrorist materials that flooding from terrorist websites and chat-rooms, and spreads across social media all over the world. They also have high techs and outrages skill to communicate via an “end-to-end” encrypted messaging applications such as WhatsApp or Telegram. Cyberterrorist propagandas and execution attacks not only to bombing a place or public transportation around the city, but they…

Issue 12:4

Afirus Nurul Fuadi, Widya Setiabudi Sumadinata, Dadan Suryadipura

The Use of Unmanned Aerial Vehicle to Support Counterterrorism in Indonesia: A Case Study at 51st Air Squadron in 2016-2018

Several cases in dealing with terrorism in Indonesia involve utilization of Unmanned Aerial Vehicles (UAVs) operation from 51st Air Squadron.  However, the use of UAV in counter-terrorism operations is controversial in general, particularly weighing between the effectiveness of the results achieved and the potential for Human Rights violations.  The study was carried out with descriptive analysis approach.  While the technique of collecting and testing data validity by means of interviews,…

Issue 12:4

Arfin Sudirman, Nuning Kurniasih

Can the Concept of Terrorism Be Understood Objectively?

This article examines the discourses of the term politically-driven terrorism and how it can be defined objectively. By using library research, this paper argues that it is necessary for those who study on terrorism to add the word global in terrorism concept to describe the pattern of transnational terrorist movements and ideology. This transnational movement indicates that the threat of terrorism does not only cross-national borders but also the actors are no longer bound by the ideology of a…

Issue 12:4

Ahmad Rofi'i, Sugianto

Prevention of Radicalism and Terrorism in Indonesia Through Law Enforcement in Terrorism Law

To protect its citizens from terrorism, the Indonesian government formulated a law to eradicate the act of terrorism. One of the reasons behind the birth of the Act was the bombing tragedy at Sari Club and Paddy's Club, Kuta Legian, Bali on October 12, 2002. This research aims to analyze the prevention of radicalism and terrorism in Indonesia through law enforcement in terrorism law. This research used a qualitative method where primary data were gained from observation, and secondary data were…

2019 - Volume 13 Issue 1