bluuebunny/crossref_metadata_2025 huggingface dataset:
Кулоновские плазмон-экситоны в планарных наноструктурах металл-полупроводник
Authors: Кособукин В.А.
Published: January 2021

A theory of Coulomb (non-radiative) plasmons-excitons in a semiconductor with adjacent quantum well and ultrathin metal film is presented. The equations of motion are formulated for the polarization waves of surface plasmons and quasi-two-dimensional excitons with taking account of Coulomb interaction between them. Within a model of coupled harmonic oscillators, solved are the problems of Coulomb plasmon, exciton and plasmon-exciton excitations in the presence of an external dipole force. The coupling contant is calculated for plasmon-excitons, their optical spectra are investigated, and the relative contributions of plasmons and excitons to the normal modes are found. It is concluded that near the resonance between plasmon and exciton the spectrum of plasmon-exciton excitations consists of two peaks whose behavior in passing through the resonance shows the signs of anti-crossing effect (repulsion of frequencies).
Топологические моды в неэрмитовых фононных кристаллах, индуцированных оптически в массиве квантовых ям
Authors: Пошакинский А.В. , Поддубный А.Н.
Published: January 2021

We study theoretically propagation of acoustic waves in an array of quantum wells, where a spatially modulated amplification and attenuation of sound is realized by optical excitation with a frequency close to the exciton resonance. The dispersion of sound waves near Bragg resonances corresponding to the modulation wave vector is calculated. The appearance of "imaginary" stop bands, where the imaginary parts of the Bloch mode frequencies are split, is described. The emergence of acoustic topological modes at the edge of the structure is demonstrated.
О природе красного сдвига G-пика раман-спектра в эпитаксиальном двумерном слое
Authors: Давыдов С.Ю. , Посредник О.В.
Published: January 2021

With the use of the model excluded any deformation at the contact of monolayer and substrate role of the interlayer coupling is considered. It is shown that this coupling leads to the increase of the phonons frequencies values. Role of the external pressure and temperature is shortly discussed.
Термофорез одноатомных частиц в открытых нанотрубках
Authors: Савин А.В. , Савина О.И.
Published: January 2021

Using the method of molecular dynamics, it is shown that thermophoresis of particles (atoms) inside single-walled carbon nanotubes (CNTs) is highly efficient. Placing a particle inside the CNT involved in heat transfer causes it to move in the direction of the heat flow at a constant speed, the value of which weakly depends on the length of the nanotube. The heat flow along the CNT leads to the formation of a constant thermophoresis force for the particles inside. The direction of this force coincides with the direction of heat transfer. The monatomic nature of the particle allowed us to numerically calculate this force and to determine the contribution to this force of interaction with each thermal phonon of the nanotube. It is shown that the magnitude of the force is almost completely determined by the interaction of the particle with long-wave bending phonons of the nanotube, which have a long free run path. Therefore, the speed of the particle movement and the value of the thermophoresis force depend weakly on the length of the nanotube, but are determined by the temperature difference at its ends. Because of this, the mode of thermophoresis of particles inside nanotubes is ballistic, not diffusive.
Investigation of the Domain Structure of Co-based Microwires by Magneto-Optical Indicator Films Method
Authors: Aksenov O.I. , Aronin A.S.
Published: January 2021

The investigation of domain structure of Co-based microwires with negative magnetostriction was provided by magnetooptical method of indicator films. The thickness of the domain layer and the width of the surface domains were determined. It has been suggested that in thin microwires (with the diameter of about several tens of microns) with negative magnetostriction, the Neel-type of domain walls between the domains of the surface layer are observed. A number of assumptions about the regularities of the surface domain structure formation of microwires with negative magnetostriction have been put forward.
Physical Activity Evaluation Using a Voice Recognition App: Development and Validation Study
Authors: Namba Hideyuki
Published: January 2021

Background

Historically, the evaluation of physical activity has involved a variety of methods such as the use of questionnaires, accelerometers, behavior records, and global positioning systems, each according to the purpose of the evaluation. The use of web-based physical activity evaluation systems has been proposed as an easy method for collecting physical activity data. Voice recognition technology not only eliminates the need for questionnaires during physical activity evaluation but also enables users to record their behavior without physically touching electronic devices. The use of a web-based voice recognition system might be an effective way to record physical activity and behavior.

Objective

The purpose of this study was to develop a physical activity evaluation app to record behavior using voice recognition technology and to examine the app’s validity by comparing data obtained using both the app and an accelerometer simultaneously.

Methods

A total of 20 participants (14 men, 6 women; mean age 19.1 years, SD 0.9) wore a 3-axis accelerometer and inputted behavioral data into their smartphones for a period of 7 days. We developed a behavior-recording system with a voice recognition function using a voice recognition application programming interface. The exercise intensity was determined from the text data obtained by the voice recognition program. The measure of intensity was metabolic equivalents (METs).

Results

From the voice input data of the participants, 601 text-converted data could be confirmed, of which 471 (78.4%) could be automatically converted into behavioral words. In the time-matched analysis, the mean daily METs values measured by the app and the accelerometer were 1.64 (SD 0.20) and 1.63 (SD 0.20), respectively, between which there was no significant difference (P=.57). There was a significant correlation between the average METs obtained from the voice recognition app and the accelerometer in the time-matched analysis (r=0.830, P<.001). In the Bland-Altman plot for METs measured by the voice recognition app as compared with METs measured by accelerometer, the mean difference between the two methods was very small (0.02 METs), with 95% limits of agreement from –0.26 to 0.22 METs between the two methods.

Conclusions

The average METs value measured by the voice recognition app was consistent with that measured by the 3-axis accelerometer and, thus, the data gathered by the two measurement methods showed a high correlation. The voice recognition method also demonstrated the ability of the system to measure the physical activity of a large number of people at the same time with less burden on the participants. Although there were still issues regarding the improvement of automatic text data classification technology and user input compliance, this research proposes a new method for evaluating physical activity using voice recognition technology.
Online Communities as a Driver for Patient Empowerment: Systematic Review
Authors: Johansson Victoria , Islind Anna Sigridur , Lindroth Tomas , Angenete Eva , Gellerstedt Martin
Published: January 2021

Background

The use of online resources has changed how people manage health care processes. Patients seek information about health conditions, guidance in treatment, and support from peers online, complementary to traditional health care trajectories. Online communities have the potential to contribute to the quality of care by increasing patient empowerment; however, there is a gap in research regarding in what way online communities contribute to patient empowerment.

Objective

We synthesized research regarding how online communities contribute to patient empowerment to address the research question “In what ways can participation in online communities support patient empowerment?” by studying how patient empowerment is operationalized in different studies. The definition of patient empowerment used in this paper is enablement for people to develop mastery over actions and control over decisions that influence their lives. The mastery is both through processes and outcomes of the development.

Methods

A systematic review was conducted by searching in the following databases: Scopus, ACM Digital Library, EBSCO (CINAHL and MEDLINE), PubMed, and Web of Science. In total, there were 1187 papers after excluding duplicates, and through selection processes using an analytical framework with definitions of patient empowerment and related concepts, 33 peer-reviewed papers were included.

Results

Findings indicated that online communities support patient empowerment both as a process and as outcomes of these processes. Additionally, it was seen as a complement to traditional health care and encouragement for health care professionals to have a more positive attitude toward patients’ usage. There was a mix between deductive (19/33, 58%), inductive (11/33, 33%), and a mixed approach (3/33, 9%) of studying patient empowerment in various forms. The online communities in most papers (21/33, 64%) were well-established and represented patients’ initiatives.

Conclusions

There is a need to include professionals' perspectives regarding how health care can embrace patient empowerment through online communities. This systematic review's main contribution is the proposal of a new framework and conceptualization of how patient empowerment in online communities can be understood from different hierarchical levels.
Preliminary Screening for Hereditary Breast and Ovarian Cancer Using a Chatbot Augmented Intelligence Genetic Counselor: Development and Feasibility Study
Authors: Sato Ann , Haneda Eri , Suganuma Nobuyasu , Narimatsu Hiroto
Published: January 2021

Background

Breast cancer is the most common form of cancer in Japan; genetic background and hereditary breast and ovarian cancer (HBOC) are implicated. The key to HBOC diagnosis involves screening to identify high-risk individuals. However, genetic medicine is still developing; thus, many patients who may potentially benefit from genetic medicine have not yet been identified.

Objective

This study’s objective is to develop a chatbot system that uses augmented intelligence for HBOC screening to determine whether patients meet the National Comprehensive Cancer Network (NCCN) BRCA1/2 testing criteria.

Methods

The system was evaluated by a doctor specializing in genetic medicine and certified genetic counselors. We prepared 3 scenarios and created a conversation with the chatbot to reflect each one. Then we evaluated chatbot feasibility, the required time, the medical accuracy of conversations and family history, and the final result.

Results

The times required for the conversation were 7 minutes for scenario 1, 15 minutes for scenario 2, and 16 minutes for scenario 3. Scenarios 1 and 2 met the BRCA1/2 testing criteria, but scenario 3 did not, and this result was consistent with the findings of 3 experts who retrospectively reviewed conversations with the chatbot according to the 3 scenarios. A family history comparison ascertained by the chatbot with the actual scenarios revealed that each result was consistent with each scenario. From a genetic medicine perspective, no errors were noted by the 3 experts.

Conclusions

This study demonstrated that chatbot systems could be applied to preliminary genetic medicine screening for HBOC.
Collective Food Security under the Framework of the ASEAN Community: A Reflection from Indonesia’s Food Policy
Authors: Arundhati Gautama , Ulum Muhammad , Indrayati Rosita
Published: January 2021

Since its inception in 1967, the Association of Southeast Asian Nations (ASEAN) has been based upon the common interests of its member states and the principle of solidarity. These two cornerstones have played an important role in the efforts for development of this regional organization. Under the principle of solidarity, ASEAN configures a distinct intergovernmentalism subjected to collective decision-making which emphasizes common understanding, including on how it approaches security concerns. This article aims to discuss and analyze the prospect of the collective food security in ASEAN by taking into account the legal frameworks of food security in the ASEAN community and Indonesia. Specifically, this article reflects the development of ASEAN and the member states’ common problem of providing food for national consumption. ASEAN’s development shows that it has committed to food security. For instance, ASEAN signed the Agreement on the ASEAN Food Security Reserve. However, this institution has not paid enough significant attention to food security and the ASEAN integration pillars are often justified to exempt food security amongst its priorities. Therefore, this article clarifies that food security is an essential part of the pillars. By the inclusion of food security to such pillars and taking account of Indonesia’s experiences, there is an importance for ASEAN to re-consider food security. This consideration is not only to achieve part of its ultimate objectives to bring prosperity but also to ensure regional stability.
The Conservationist Principle under International Humanitarian Law versus a Transformative Occupation in a Human Rights Context
Authors: Yánez Maria
Published: January 2021

This article presents a discussion about the necessary evolution of the law of occupation facing the obligations set for by the International Human Rights regime, based on the law of State responsibility. In the first section of this two-part study, the article delivers a state of the art through the analysis of doctrine and both universal and regional jurisprudences on State responsibility based on the extraterritorial application of International Human Rights Law. On the second part, the article provides analysis on temporal (beginning and end) and territorial aspects of occupation that have a direct impact on the obligation to respect and to ensure the rights of every subject to the State’s jurisdiction. In the final section, the article discusses the clash between the traditional conservationist principle and the transformative occupation principle. This study employed a logic-inductivist method. To conclude the discussion, this study is in the position that the conservative principle under International Humanitarian Law is considered archaic; and should give way to better protection of human rights in an international occupation context.
Environmental Crime Victims under Criminal Justice System: A Study on the Development of Environmental Victimology
Authors: Sulistyani Wanodyo
Published: January 2021

Lack of attention to environmental crime victims under criminal justice system has led to the development of the study of environmental victimology. This study focuses to acknowledge victims’ losses as an impact of environmental crime and victimizationprocess. In the study of criminology, environmental crime is generated by environmental damaging activities, such as pollution, illegal hazardous substances dumping, land burning, illegal logging, etc. The damaging activities inflict harms not merely to the sustainability of the environment, but also to human and other creatures. Environment degradation has caused issues on health, economic, social, and cultural, as well as inequality. However, in some incidents, environmental crime is endorsed by state; the fact has created complexity in dealing with the crime. Furthermore, environmental crime is also related to other forms of crime, such as corruption and money laundering. Therefore, a multi-doors approach is established by involving several institutions to investigate the crimes. However, the approach does not sufficiently restore victims’ losses. The environmental victimology study is expected to enable criminal justice system to accommodate environmental crime victim’s interests for restitution or compensation. Therefore, this article overviews the widespread environmental crimes and the rise of attention to this issue. Consequently, it also describes the issue on criminal law enforcement to environmental crimes. Furthermore, it reviews environmental victimology study and the process of environmental victimization. Lastly, it analyzes the importance of environmental victimology study in arranging a policy on restoring the victims’ losses. The study employed normative legal research by applying statutory, comparative, and case study approaches.
Legal Response to Cybercrime in Global and National Dimensions
Authors: Bunga Dewi
Published: January 2021

Cybercrime is a serious crime in the era of globalization. This crime employs sophisticated technology and anonymity. It is fast, crosses states’ borders, and has a wide impact. Cybercrime causes both material and immaterial losses. It even threatens world peace and security. The legal issue in this research is to discuss the international response to cybercrime, the substance of the Convention on Cybercrime, Budapest, 23.XI.2001, and Indonesia's position in the Convention on Cybercrime. The international response to cybercrime is done by holding international meetings at the United Nations Congress to discuss efforts to prevent cybercrime. Convention on Cybercrime, is the first provision for regulating cybercrime. The substance of the Convention on Cybercrime consists of material criminal law, procedural law, corporate responsibility, international cooperation and so on. Indonesia's position in the Indonesia Convention on Cybercrime is not to ratify the Convention on Cybercrime, but adopts the provisions of the Convention on Cybercrime on the Law Number 11 of 2008 on Information and Electronic Transactions and the Law Number 19 of 2016 on the Amendment of the Law Number 11 of 2008 on Information and Electronic Transactions. The criminal acts provided for in the Information and Electronic Transaction Law in Indonesia are wider than those stipulated in the Convention on Cybercrime.
The Implementation of Alternatives to Detention to Handle the Problems of Refugees in Indonesia
Authors: Setiadi Wicipto , Siagian Mario
Published: January 2021

In recent years, the numbers of refugees who transit in Indonesia are increasing. Since Indonesia is a state that upholds and respects human rights, the Indonesian government has an obligation to provide the best treatment and protection for refugees while they settle in the Indonesian territory. One of responsibilities of the state for these refugees is to implement programs that are alternatives to detention through the National Action Plan Beyond Detention 2014-2019. After the issuance of the Action Plan, the Indonesian government has collaborated with UNHCR and IOM to implement alternatives to detention in Indonesia. The alternatives are to provide care and the best protection for refugees living in the Indonesian territory. Refugees have to live in Indonesia temporarily because of various factors from the third countries. They have to stay for a while without a clear period until they are transferred to a third country of settlement. There are various problems in determining alternatives to detention in Indonesia. This paper aims to analyze and examine the policy of handling the problem of refugees in Indonesia since Indonesia has not ratified the Refugee Convention 1951.
ASEAN and European Human Rights Mechanisms, What Should be Improved?
Authors: Nurhidayatuloh Nurhidayatuloh , Febrian Febrian
Published: January 2021

The human rights mentioned in the Universal Declaration on Human Rights (UDHR) are universal values agreed upon countries in the world. This is reflected by the fact that no state rejects the United Nations General Assembly Resolution in 1948. It is even strengthened by the ratification of two major international human rights covenants, which have binding legal powers. They are the International Covenant on Civil and Political Rights and the Covenant on Economic, Social, and Cultural Rights in 1966. European states are legally bound to human rights through the European Human Rights Convention that is signed in 1950 and come into force in 1953. On the other hand, ASEAN states are bound to human rights as parties of ICCPR, ICESCR, and their commitment to the regional level ASEAN Declaration of Human Rights. Both in European Union and ASEAN have their own human rights mechanisms: the European Court of Human Rights (ECtHR) and ASEAN Intergovernmental Commission on Human Rights (AICHR). This study employed a comparison method with a normative legal research approach to compare the human rights mechanisms in Europe and in ASEAN. It also deals with the implementation of human rights protection by the states in the two regional organizations. As a result, although the two regional organizations have human rights mechanisms applied in their areas, with experiences through cases appealing to European Human Rights Courts, Europe provides more assurance and legal certainty towards individuals when a state commit human rights violations against individuals. On the other hand, the AICHR, as the equal commission in ASEAN region, tends not to have sufficient legal power in handling human rights cases occurred in its territory.
The Impact of the Motor Vehicle Tax Grace on the Increase of the West Java Province’s Locally Generated Revenue
Authors: Hartanto Ghani , Sugiharti Dewi
Published: January 2021

Tax award is expected to be able to trigger the West Java people to pay motor vehicle tax. However, there is still an increase in the number of non-re-registered vehicles. Therefore, the regulation of the tax award needs to be reviewed. This study aims to find a solution so that the award can increase the West Java Province’s Locally Generated Revenue and optimize the collection of Motor Vehicle Tax. This study employed a judicial-normative approach that prioritizes library research and the data implementation in practice. It is a descriptive study. It mainly consists of a library research phase, which is the collection of secondary data in the form of primary and secondary legal materials. In addition, to obtain primary data as support, the data is analyzed qualitatively and juridically. The study concludes that the tax award of motorized vehicle tax is correlated directly with the increase of locally generated revenue of the West Java Province. Nevertheless, the award does not substantially affect legal awareness and compliance. In fact, the program does not contribute towards the realization of motor vehicle tax. The main obstacles often felt by the regional income agency in collecting motorized vehicle tax is the low level of awareness and knowledge of the people on taxes. The effort to increase locally generated revenue from the motor vehicle tax sector is represented by programs that indirectly affect legal compliance.
Victimless Crime in Indonesia: Should We Punished Them?
Authors: Chandra Erika
Published: January 2021

Criminal act deserves punishment because it causes harmful to its victim. However, some criminal acts may be considered as victimless crime since the perpetrator is also the victim. They are, for example, drug abuse, gambling, and abortion. In many states, such as Netherlands, victimless crime like drug abuse are no longer considered to be punishable crime since they use harm reduction approach for drug abuse problem. Drug abuse is seen as a health issue, not a criminal law issue. On the contrary, Indonesia still considers victimless crime to be punishable. The Indonesian Penal Code and Narcotics Law, for example, regulate that drug abuse is punishable. Indonesian criminal policy uses zero tolerance approach. Hence, the criminal policy is to eradicate all narcotics offences, including drug abuse. Nevertheless, it is not a solution for the problem drug abuse. Furthermore, the number of Indonesian drug user is increased. The policy has also caused overcrowd in Indonesian correctional institutions. Considering its unique characteristic and contemplating the purpose of punishment itself, punishment for victimless crime should be reconsidered. This article aims to bring perspectives on this matter by using juridical normative method with regulation, comparative, and case study approaches.
Asymmetric Decentralization and Peace Building: A Comparison of Aceh and Northern Ireland
Authors: Abdurahman Ali , Dewansyah Bilal
Published: January 2021

This article compares the asymmetric form of decentralization model in the Aceh, Indonesia, and in the Northern Ireland, the United Kingdom, towards the process of peacemaking. In general, the decentralization models in the two regions have almost similar backgrounds due to prolonged religious conflicts. However, the devolution model in Northern Ireland is far more complex than Aceh’s, and closely related to other countries, that affect the constitutional status of Northern Ireland in the future. This is different from the Aceh government, which since the Helsinki MoU has remained a part of the Indonesia’s unitary form. On the other hand, in terms of governmental matters, decentralization in Aceh reflects a reduction in their special authority, with a pattern of division of government functions that is almost similar to the division of functions in the ordinary regional government. It is in contrast to the affairs of Northern Ireland’s government concerning matters that are categorized traditionally as the exclusive affairs of the central government in a unitary state, such as security matters. This provides a lesson for Indonesia that the issue of federalism in Aceh is indisputable and the Northern Ireland case reinforces the insight that federal state and unitary state have some degrees of similarity.
The Prosecution in Trial In Absentia Of Money Laundering Case Resulted from Conventional Case
Authors: Sudirdja Rudi
Published: January 2021

In Indonesia, the provision of in absentia in the Money Laundering Crime Law raises problems if the crime act is originally conventional crime act. Conventional crime act should be handled based on the provisions of the Indonesian Criminal Law Procedures Code. On the one hand, the Money Laundering Crime Law regulates the provisions of the court in absentia and, on the other hand, the Indonesian Criminal Law Procedures Code does not recognize trial in absentia. This study covers the issue. To be precise, it reveals the possibility of a conventional crime act that is charged with the Money Laundering Crime Law to be tried in absentia based on the principle of formal legality. In addition, it discusses the strategy of prosecution of money laundering crime act in trial in absentia for cases that are originally conventional crime act based on the principle of due process of law. This study used analytical description research specifications and the normative juridical method. The data was collected through a document study. In accordance with the approaches, the data were analyzed in qualitative-juridical manners. This study concludes several points. The first, based on the principle of legality of formal law, the implementation of trial in absentia against general criminal acts cannot be carried out. The second, based on the principle of due process of law, the prosecution strategy in trial in absentia fur such cases are that (1) the prosecution of money laundering crime and original crime must be done separately; (2) the public prosecutor must delay the transfer of original criminal acts to the court until the accused is found and presented; (3) the indictment must be prepared in a single form; (4) the indictment must draw legal facts about the original crime; and (5) the public prosecutor can prove the legal facts about the original crime in the element of ‘assets resulting from the crime’ in the money laundering offense.
The Dilemma of Australian Pacific Solution: The Non-Refoulement Principle Versus National Security
Authors: Ernawati Ninin
Published: January 2021

The Australian Government has issued various policies to deal with refugees. One of the policies is the Pacific Solution and it is considered as a manifestation of national security principles. On one hand, the policy against the non-refoulement principle, which is the central principle of the refugee convention and Australia is one of the states that ratified the 1951 Refugee Convention. Obviously, Australia should not violate the non-refoulement principle. On the other hand, Australia has experienced a dilemma between prioritizing its interests and fulfilling international obligation to protect refugees who entering its territory. This article discusses whether the national security principle is contrary to the non-refoulement principle; and how Australia can accommodate both principles without neglecting the rights of refugees and still be able to maintain their interests. This article also reviews how Australia can implement policies based on national security principle when it has to face international obligations–in this case, the non-refoulement principle. This research concludes that the national security and the non-refoulement principle are basically contradictory. However, Australia can accommodate these two principles by counterbalancing actions, such as the establishment of national laws that still highly consider humanitarian standards contained in the non-refoulement principle. Australia has the right to implement number of policies based on its national law, while that the same time Australia cannot ignore their international obligation to protect refugees in accordance with the 1951 Refugee Convention that they have ratified. Reflecting on some previous policies, this study concludes that Australia has not been able to accommodate both principles.
The Implementation of Waqf to Actualize Economic Justice Based on Islamic Law
Authors: Lita Helza
Published: January 2021

Economic justice is one of the objectives of the implementation of Islamic economic system. Waqf is one of the instruments of Islamic economics. It is interesting to study the implementation of economic justice through waqf and how its regulation in Indonesia. This article employed normative juridical method. Based on the Article 22 of the Law Number 41 of 2004 on Waqf, the purpose of waqf is not solely for the purpose of ritual. It can also be used to realize economic prosperity. Based on these provisions, waqf can be managed for the economic empowerment of the people. This is related to the efforts of the improvement of the economic welfare of the people, especially for the weak economic class. According to Islamic teachings, distributive justice is economic justice based on the Holy Quran, Chapter al-Hasyr (59): 7. Waqf has the potential to create the economic balance of society. Because the principle of ownership, according to Islam, regulates that individuals or certain community members are not the only party who control the management of assets. The weak economic class also have the right. It is to avoid economic inequality. Thus, waqf is a solution to actualize economic justice in order to realize public welfare, which is one of Indonesia’s national goals as stated in the Preamble of the 1945 Constitution of the Republic of Indonesia.
The Role of the People in the Amendment of the 1945 Constitution Based on Democratic Constitution Making: Future Prospects
Authors: Jamaluddin Muhammad
Published: January 2021

The amendments to the 1945 Constitution allegedly are not in line with the expectations of a democratic constitution. In fact, the role of the people in four amendments to the 1945 Constitution was very limited. The people who were involved in the amendment processes represented limited number of groups. Incidentally, only people with important and dominant powers were involved. The people were also not involved from the beginning of the amendment processes. Therefore, the role of the people in the amendments had not been carried out optimally. The results of the study show that the role of the people directly and actively in the amendment could increase transparency and public trust towards the government. The people are expected to be more responsive, accommodating, aspirational, and participatory to give rise to a match between the will of the people and the wishes of the government in the realization of the ideals of the Indonesian nation. The direct and active role of the people can be realized through conventional media, print media, and electronic media in a structured and systematic manner. It is expected that the people’s role will be able to strengthen the Indonesian constitutional system and economic, political, social, and cultural stability, as well as the defense and security of the Republic of Indonesia. In addition, the direct involvement of the people is expected to be in line with the optimization of the role of the Constitutional Court as the ‘guardian of the constitution’ to maintain the purity of the 1945 Constitution.
New Face of International Law From Western to Global Construct
Authors: Latipulhayat Atip
Published: January 2021

The modern international law, not only imitates, but the substance is truly the European values and traditions. The European nations produce the norm of international law with a clear objective is to divide the world into "selves" (European nations) and "others" (non-European nations). This is exacerbated by European colonialism and imperialism, which allow their values and traditions to become hegemonic norms that ultimately produce the paradigm of "otherness" in international law. Non-European nations are "others", which are considered only as users of the European values. The “otherness” paradigm in international law is resulted from the universal claim of the European values. It is a hegemonic technique. The paper argues that International law should move from the “otherness” to the “togetherness” paradigm. This requires a new approach in the making of international norms, from claim to consent, and now it has led to the global values approach. The paradigm of togetherness requires an inter-civilizational approach, and universality is the keyword. Universal norms should not be put on an abstract level; they need transformation into the particular idioms. Universality is not a matter of claim; it is a respect and acceptance of cultures and values of other nations. International law requires a paradigm shift, from Western to Global Construct.
The Optimization of Geographical Indication Protection in The Realization of National Self-Sufficiency
Authors: Sari Mieke , Kumalasari Nuzulia , Nugroho Sigit , Yatini Yatini
Published: January 2021

Any products of origin with their reputation, quality, and characteristics provide various benefits for their producers and consumers. The producers can have economic, ecological, socio-cultural, and legal benefits. The consumers can hold product quality and guarantee of origin, as well as legal guarantee for counterfeiting product. The study focused on the optimization of economic benefits in the protection of Geographical Indication. Producers do not immediately receive these benefits because they are related to the starting point for registration of different geographical indications among products. The purpose of this study is to formulate a strategy to maximize the benefits of geographical indications for producers, especially in the economic field. The study employed socio-legal research method. The primary data consisted of interviews; and the secondary data was composed of legislation, literature, and proceedings. The study concluded that the improvement of national welfare and self-sufficiency could be enhanced by arrangement of production system, control method, compliance to the document of geographical indication, and guidance and supervision of the Regional Government.
The Legal Aspect of New Normal and the Corruption Eradication In Indonesia
Authors: Pane Musa , Pudjiastuti Diah
Published: January 2021

Article 1 paragraph (3) of the 1945 Constitution mandates that Indonesia is the state by rule of law. Therefore, in carrying out the life of the people and of the nation, it must be in accordance with the applicable rules and regulations. The current presence and development of Covid-19 pandemic has resulted changes in political, economic, social, and cultural sectors. Paying attention to these developments, the Indonesian Government has issued various policies. The focuses of the policies are intended to manage the Covid-19 spread. The policies, among others, include social assistance programs during the Covid-19 pandemic, which has a significant potential corruption. The corruption may happen in the forms of embezzlement of aid funds, budgets transfer, incompliance of requirement assistances, etc. This study aims to determine aspects of the new normal law and the corruption eradication in Indonesia based on normative juridical research methods. The approach looks, analyzes, and interprets theoretical aspects concerning legal principles in the form of conceptions, laws and regulations, views, legal doctrines, and related legal systems. This study is of the opinion that the corruption eradication (prevention and enforcement) in Indonesia during the Covid-19 pandemic and the application of the new normal are necessary to reform criminal law. The reform can be reconstruction and reformulation of existing laws regarding sanctions applied to perpetrators of corruption to restore state finances with accountability up to the third degree, or impoverishment of corruptors.
Public Procurement Contract for Goods and Services Following the Presidential Decree Number 12 of 2020 on the Stipulation of the Coronavirus Disease (Covid-19) Pandemic as a National Disaster
Authors: Nugraheni Ninis , Arifanda Hening , Astaftiyan Alifihan
Published: January 2021

The Covid-19 Pandemic affects many sectors. Therefore, the Indonesian Government passed the Presidential Regulation Number 12 of 2020 to manage the Pandemic. Unfortunately, this regulation has evoked various interpretations on the disaster contingency as a foundation to apply force majeure condition. The Government’s policies of budget refocusing and reallocation to manage the Covid-19 Pandemic have brought significant effects on goods and services procurement contracts. This condition may lead the Government into default, and it is force majeure. Therefore, the Government is discharged from any liabilities. Consequently, it may injure contractors of procurement. This study aims to investigate the actuality of such procurement contracts following the Presidential Regulation. This study is a normative law research. Based on the Presidential Regulation, the force majeure condition is likely to be applied on procurement contracts. However, the condition does not immediately nullify or terminate the contracts. They remain legally valid and binding. In case of a condition permanently prevents debtor to fulfill obligations, contract can be terminated. In case of a condition temporarily prevents the contract’s implementation, the best solution to encourage conducive business climate is renegotiation that is legalized by contract addendum.
The Practice of Presidential Succession in Indonesia
Authors: Mujiburohman Dian
Published: January 2021

This study analyzed Article 8 of the 1945 Constitution of the Republic of Indonesia on the presidential succession in Indonesia. The 1945 Constitution clearly regulates presidential and vice-presidential election period for once in five years. However, the practice of presidential succession can be unpredictable. This article aims to elaborate the management of presidential succession in Indonesia. The study in this article employed normative research method by applying a statute approach. The finding of the study proves that based on Article 8 of the 1945 Constitution; there are four circumstances of presidential substitutions. They are decease, resignation, dismissal, and inability to carry out duties. However, in the actual practices that have been happened several times, the presidential successions in Indonesia were not always caused by the four conditions. The examples are the successions of Soekarno, Soeharto, and Abdurrahman Wahid. The three Presidents were dismissed without transparent legal reasons. Their dismissals were based merely on political decisions, not legal reasons. In addition, political transitions, internal conflicts, and economic crises contributed to the presidential successions in Indonesia.
Recent Development in International Treaties Relating to Aviation: New Standardization of International Air Law
Authors: Kusumaningrum Adi
Published: January 2021

Globalization is identified with the development of treaties into national domain law. Initially, such treaties did not appear as legal regulations but as standard/harmonized-setting for member states. Since the establishment of Chicago Convention on Civil Aviation, 1944, treaties on aviation keep developing well both on the aviation operational technique and economic aspect. Those treaties nowadays have turned into the source of international aviation law. Treaty has been one of the bases of domestic law for almost nations in the world. As a result, the global requirements need to be adjusted into national law of states. States are bound both legally and politically to verdicts of International organizations. The process of regulation and decision making in International organizations should be based on democratic procedures of member states either in the construction of final draft or in negotiation and arrangement of regulation or resolution drafts. Specifically, this article discusses recent development of international treaties relating to aviation from both operational and economic aspects. Following Assembly 39th Session, ICAO, member states of ICAO, including Indonesia, made several multilateral agreements. The ratification of International treaties should consider the effects on legal, political, and security aspects. For Indonesia, one of the aspects that should never be neglected is strategic airspace, both geographically and geopolitically.
Natural Born Citizen as a Requirement of Indonesian President: Significances and Implications
Authors: Harijanti Susi , Manan Firman , Susanto Mei , Septian Ilham
Published: January 2021

The Third Amendment to the 1945 Constitution stipulates that one of the requirements to become a presidential candidate is an Indonesian natural-born citizen who has never received another citizenship of his/her own volition. The requirement can create confusion and dissenting opinions to determine persons considered natural-born citizens and methods to prove it. This study explores the significances of determining a natural-born citizen as a requirement to become a presidential candidate and its implications. Through a socio-legal approach, this study concludes that the natural-born citizen requirement's significance is to eliminate racial discrimination from the previous requirement of a “native Indonesian” president and to ensure convincing allegiance from the president. There are some implications of the requirement. First, every Indonesian citizen born after the establishment of the Citizenship Law 2006, regardless of ethnic status, is called a natural-born citizen, including those from mixed marriages and having limited dual citizenship up to the age of 18 years. Meanwhile, for Indonesian citizens born before the Citizenship Law 2006, the natural-born citizen status is determined based on Law 3 of 1946 and Law 62 of 1958, including Indonesia’s agreement with the Netherlands and China. Second, a natural-born citizen status mutatis mutandis should require of other constitutional positions, either executive, legislative, or judiciary, and to a presidential candidate’s husband or wife.
Presidential Candidacy Threshold and Presidentialism Affirmation in Indonesia
Authors: Kurnia Titon
Published: January 2021

This study discusses the constitutionality of presidential candidacy threshold, particularly related to the principle of presidentialism. This study argues that the threshold is unconstitutional because it does not reflect the principle of presidentialism. The principle emphasizes executive and legislative prescriptions that should be independent of each other. Supporting the current threshold, the Constitutional Court proposes a rationale that the threshold aims to strengthen presidentialism in Indonesia. The current threshold is believed can give the elected president adequate political support in parliament. In fact, the idea is not factually and juridically correct. An elected president can govern effectively without significant institutional obstacle, although the President does not gain support of majority political power in the parliament. On that basis, it is necessary to amend Article 6A paragraph (2) of the 1945 Constitution so that the implementation of presidential system can be more consistent. Political parties should not be given monopolistic power to bear the presidential and vice-presidential candidates. The system should also accommodate the possibility of independent presidential and vice-presidential candidates, separating the line of political parties. Such constitutional provisions are expected to annul the presidential nomination threshold.
Port Denials and Restrictions Policies during Covid-19 Pandemic Based on International Law
Authors: Desmonda Angela
Published: January 2021

As a public facility, port has a significant potential to be cluster of the Covid-19 spread. Many states have implemented policies of denials and restriction of port access to protect people’s health. This study aims to analyze port denials and restrictions policies settings based on international law. In addition, this study is to analyze whether the status of state of emergency will affect state’s obligations based on international law. This study was conducted by analyzing associated international treaty law and customary law. The study concludes that no international treaty law and customary law prohibit port denials and restrictions because port is under the sovereignty of respected coastal state. The state is free to implement any policies. Without any permit, foreign ships are not allowed to enter and dock at the port of the coastal state. However, in a situation of danger or distress, foreign ships have the right to enter port. The IHR 2005, as a special instrument dealing with public health, also provides an opportunity for coastal state to prevent ship embarking and disembarking passengers if the ship is exposed to a pandemic disease, such as Covid-19. In such case, foreign ship may be prohibited from entering and docking at port of coastal state. On the other hand, in a situation of danger or distress, foreign ship has the right to enter port. In contrast, the 1923 Port Convention gave permission to state to close ports in urgent situation that endangered national security.