Law and Justice in a Globalized World: Proceedings of the Asia-Pacific Research in Social Sciences and Humanities, Depok, Indonesia, November 7-9, 2016: Topics in Law and Justice, 1st Edition (Hardback) book cover

Law and Justice in a Globalized World

Proceedings of the Asia-Pacific Research in Social Sciences and Humanities, Depok, Indonesia, November 7-9, 2016: Topics in Law and Justice, 1st Edition

Edited by Harkristuti Harkrisnowo, Hikmahanto Juwana, Yu Un Oppusunggu

Routledge

272 pages

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Description

The book consists of a selection of papers presented at the Asia-Pacific Research Conference on Social Sciences and Humanities. It contains essays on current legal issues in law and justice, and their role and transformation in a globalizing world. Topics covered include human rights, criminal law, good governance, democracy, foreign investment, and regional integration. The conference focused on Asia and the Pacific, two regions where law has taken an important position in creating and shaping the regional integrations, new legal institutions, and norms. This reconfirms the idea that the legal system is extremely important in the global world. This book provides new insights and new horizons on how law and justice took part in globalizing human interaction, especially in the Asia-Pacific region.

Table of Contents

Keynote speech: On local wisdom and the pursuit of justice through criminal law reform: The Indonesian experience in deliberating the Bill of the penal code

H. Harkrisnowo

Principle of balance in health services in Indonesia

Y.A. Mannas & E.L. Fakhriah

Research report on the knowledge, experience, and attitude of consumers towards counterfeit medicine in Jakarta: A legal analysis

H. Marlyna & A. Sardjono

Research report on protection of geographical indications in Indonesia: Advantages and challenges

M.M. Gabor & A. Sardjono

The politics of laws in the establishment of the Human Rights Court in Indonesia

J. Saibih

Indonesian pretrial: Can it fulfil the rights of the victims of an unfair trial to restoration?

F.M. Nelson

The substance of good governance principles on government decisions in Indonesia

M.R. Bakry & A. Erliyana

Does sanctity of contract exist in oil and gas contracts in Indonesia?

F.H. Ridwan, R. Agustina & J. Rizal

Protection of personal information: The state’s obligation to guarantee the right to privacy in Indonesia

N. Rianarizkiwati & J. Asshiddiqie

The enforcement of payment of restitution in criminal proceedings as the base for filing of tort charges

S.L. Anindita & R. Agustina

Repeat offence as aggravating circumstances in a criminal case: Differences in the definitions under the Criminal Code (KUHP) and the anti-corruption law

E. Elda & T. Santoso

A new paradigm of the justice of outsourcing in Indonesia

I. Farida, S. Arinanto & J. Rizal

Role of fiscal measures in financing responses to the financial crisis in Indonesia and their effects on fiscal sustainability

Y. Indrawati & A. Erliyana

Abuse of substance, restorative justice and diversion

S. Asa & S. Fitriasih

Waqf shares to create equitable economic distribution in Islam in relation to the Law Number 41 of 2004 on Waqf

H.N. Lita, U. Hasanah & Y.S. Barlinti

Paradox of groundwater tax collection

E.S. Sunarti & T. Hayati

The concept of a regulation of collateral under the mudharabah financing contract according to the Law No. 21 of 2008 on sharia banking in Indonesia

M.Y. Harahap & U. Hasanah

Mediation as a means to provide ishlah (peace and harmony) in the resolution of sharia banking disputes in Indonesia

Wirdyaningsih

Waqf banks under the Indonesian legal system

A.K. Munthe & F. Prihatini

Presentation of suspects: The paradox of presumption of innocence

A. Pangaribuan

The risk of joining the Trans-Pacific partnership for Indonesia: An investment perspective

W. Setiawati

The establishment of small claims court in Indonesia: Expectation and challenge in encountering the globalisation era

A. Afriana & E.L. Fakhriah

Causation in the context of environmental pollution crime

A. Sofian & S. Fitriasih

Public official recruitment system: Towards creation of a rule of law based on Pancasila

S. Anam & J. Asshiddiqie

A waqf and musyarakah implementation model in takaful ijtima’i as an alternative sharia insurance system: An experiment to maximise the realisation of the social justice principle in sharia insurance in Indonesia

Z. Abdullah, U. Hasanah & G. Dewi

The implementation of Indonesia’s penal sanctions to the increased illegal trade of endangered species

A.G. Wibisana & W.P. Nuning

Analysis of the water resource regulation under the ordinance of the Greater Jakarta area

R.I. Dewi

Review of the implementation of murabahah financing in sharia banks in the Greater Jakarta area

A.R. Nurdin

Environmental damage and liability in Indonesia: Fancy words under conventional wisdom

A.G. Wibisana & T.A. Dewaranu

Review of the principles of the criminal law on the ancient archipelago law book: The study of the Book of Kutara Manawa Darma Sastra of the Majapahit Kingdom and the Laws on Simbur Tjahaja of the Sultanate of Palembang in the context of criminal law development and condemnation in Indonesia

I. Darmawan & H. Harkrisnowo

The existence of arbitration principles in commercial agreements: Lessons learned from an Indonesian court

Y.K. Dewi

Cross-border child adoption: Protection and challenges in Indonesia

A.B. Cahyono

Electronic identity management in ensuring national cyber security and resilience: Legal aspects of online identity and its secured transaction

E. Makarim & E.G. Pantouw

The legal impact of the signing of the multilateral competent authority agreement on automatic exchange of financial account information: A banking law perspective

R.A.V. Napitupulu

The unfair rules of intellectual property rights section of the trans-pacific partnership agreement

B.A. Prastyo & A. Sardjono

About the Editors

Harkristuti Harkrisnowo is a Professor at the Faculty of Law, Universitas Indonesia, who obtained her master and doctoral degree from Sam Houston State University. Her main interest is Criminal Law, Criminal Justice, Criminology and Human Rights. She contributed in various books, e.g. Theory and Application of A Common World , Support for Victims of Crime in Asia (2007) and various journals. She was a member and in a number of occasions the head of Government of Indonesia delegation to the UN treaty bodies mechanisms e.g. UPR, CEDAW, CRC, CAT and CERD. Today she is in the Drafting Team of the Indonesian Criminal Code and she serves also as the Acting Executive Director of Human Rights Resource Center, a Jakarta-based think-thank focusing on human rights issues in ASEAN.

Hikmahanto Juwana is a Professor at the Faculty of Law Universitas Indonesia. He studied law at Universitas Indonesia, Keio University, and University of Nottingham. His interests include international law, human rights, international trade law, air and space law. He has been a visiting professor at the University of Melbourne, National University of Singapore and Nagoya University Japan. He has served in many government committees at national and international levels. He has published articles in journals such as Asia Business Law Review, Singapore Journal of International and Comparative Law, Journal of the Japanese Institute of International Business Law as well authored several books.

Yu Un Oppusunggu is a lecturer at Faculty of Law Universitas Indonesia. He studied law in Universitas Indonesia, Leiden University, and the University of Washington. His interests include private international law, international business law, and comparative law. He has served as legal expert for a number of governmental bodies. Representing Indonesia, he is a member of the Commission on Asian Principles of Private International Law (CAPPIL). He is the co-author of an entry on Indonesia in Jürgen Basedow, Gisela Rühl, Franco Ferraru and Pedro Alberto de Miguel Asensio (eds.), Encyclopaedia of Private International Law (2016).

Subject Categories

BISAC Subject Codes/Headings:
SOC000000
SOCIAL SCIENCE / General