bluuebunny/crossref_metadata_2025 huggingface dataset:
Analysis of Reduction of Authority of The Constitutional Court Through The Law on General Election
Authors: Sinaga Budiman N.P.D , Sinaga Sahat H.M.T
Published: November 2018

In the 1945 Constitution of the Republic Indonesia, there is an order to further regulate in the Law such as the general election that has been enacted Law No. 7/ 2017 on General Election. In its Law, the results of the general election is merely a dispute over the result of the general election regarding the determination of the vote which may affect the election participants’ seats and the President and Vice President election results. The objective of this paper is to find out the legal consequences of the provisions of the law which reduce the authority of state institutions that have been regulated in the 1945 Constitution. The approach of this research is status approach that will be used by examining the laws and regulations relating to the problem. The provisions of the Law on General Elections can be said to have reduced the authority of the Constitutional Court granted the Constitution. There should be strong grounds for an amendment to this provision it can be done immediately by the House of Representatives and the President. Testing by the Constitutional Court may be done but it is better through changes by the House of Representatives and the President.
The Development of Regional-Head Election Concept without Suspect
Authors: Tanjung Muhammad Anwar , Saraswati Retno , ALW Lita Tyesta
Published: November 2018

Election of regional-head candidates without suspect as choosing leaders with integrity and quality as well as without legal problems is a realization of democratic election. Empirical facts show that 2018 regional-head election involves some regional heads identified as suspects. Laws needs to be able to answer such facts. Therefore, this study investigates the legal framework of regional-head candidates’ requirements and the development of legal concept of regional-head election without suspect. This study is normative juridical, and secondary legal sources is employed. This study contributes to the development of legal concept of regional-head election without suspect in holding the upcoming 2022 regional-head elections.
Government and Aesthetic Beauty Clinic’s Responsibility in Fulfilling the Citizens’ Constitutional Right to the Service of Aesthetic Beauty Clinic in Indonesia
Authors: Diana Sari Siska , Ayu Ketut Rachmi Handayani I Gusti , Pujiyono
Published: November 2018

This article studies the government and the esthetic beauty clinic’s responsibility in fulfilling the citizens’ constitutional right in the service of esthetic beauty clinic in Indonesia. The research method is empirical qualitative to the stakeholders of esthetic beauty clinics in ten cities in Indonesia. The result of the research shows that those responsible for fulfilling the citizens’ constitutional right to the service of Esthetic Beauty Clinic in Indonesia are public and private. The government’s responsibility has been mentioned in Article 28D, clause (1) of 1945 Constitution concerning the right to guaranty, law protection and certainty and Article 28H clause (1) related to the right to health and to get healthcare service. The rights fulfillment is accomplished using the legal instrument and the institution of state authorized in licensing, organization, building, supervision, monitoring, and evaluation in the organization of esthetic beauty clinic. The esthetic beauty clinic’ responsibility includes: fault, risk, product, and professional. These responsibilities have not been fulfilled maximally yet because some law infringements are still found, so the government’s intervention should be optimized with the protection of beauty clinic users’ constitutional rights from upstream to downstream and the regulation as well as the authorized institution should be harmonized.
A Gap Between Right to Live Protection and Death Penalty in Indonesia (Judges Decision on Cases Threatened Death Penalty)
Authors: Febrian  , Nurhidayatuloh  , Primadianti Helena , Ahmaturrahman  , Zuhro Fatimatuz
Published: November 2018

In Indonesia, right to life and death penalty has been perceived separately both by legislative and judiciary institutions. It can be seen from the government stand to ratify covenant regarding to right to life, but impose death penalty. This article is trying to elaborate judges’ decisions to cases threatened to death at district courts in South Sumatra and Yogyakarta Province. The research will contribute to provide an understanding of judges to the Article 6(2) ICCPR in both provinces. The main methods for this research comprise literature review and review of selected verdicts from district courts in both provinces. The data will be supported by several interviews to several judges serving in the district courts. As a result, none of the verdicts provide a consideration on human rights law set forth in the Article 6(2) for the cases threatened to death. In contrast, some judges believe that capital punishment has a deterrent effect for others. Fortunately, in some district courts, the judges are for sure that death penalty is the very last choice for very sadistic culprit when there is no mitigating circumstance in sentencing.
The Importance of Revising Policy of Minimum Age of Marriage: A Philosophical, Sociological and Juridical Argumentation
Authors: Rofiah Siti
Published: November 2018

The policy of minimum age for marriage is set out in Act No. 1 of 1974 On Marriage, which is 19 years for men and 16 years for women. According to Act No. 35 of 2014 On Child Protection, the age of 16 is still a child. Therefore, the policy of minimum age for marriage is open up the potential for child marriage. Various previous researches indicate that child marriages has the potential to cause negative impacts for both the child itself and the social life widely. Accordingly, revising the policy of minimum age for marriage is very important. This study uses the socio legal method where the law is not only conceptualized as a set of rules, but also as a behavior. In this method, legal validity is not only determined by norms, but also from the facts that grow and develop in society. The results showed that revising of minimum age for marriage has a philosophical, sociological and juridical basis. Child marriage has an impact on social life because it can lead to a cycle of sustainable poverty, increased illiteracy, poor health to future generations, and robbing of wider community productivity both in the short term and long term.
The Analysis of Administrative Law to the Government Policy about Tax Exemption of Waqf Land Certification
Authors: Islamiyati  , Agung Kardono R. Bondan , Wirawan Aditya
Published: November 2018

The waqf land certification is free charged whereas the general land is not. The research analyzes the article 22 from the government regulation Number 13 Year 2010 concerning the government policy of tax exemption of waqf land certification based on public administration law. The purpose of the research is to understand and to analyze the reasons of government publishing this kind of policy in the perspective of Administrative Law. The kind of research is library research, it needs secondary data, which consists of the material of primary, secondary and tertiary laws. The approach is juridical normative and the analysis is qualitative. The result of the research explains that the government publish the policy of tax exemption with the objective to make Waqf land useful for the society, to accelerate of Waqf land legalization, to protect and to optimize the function of Waqf land. This policy is one effort to understand the waqf action that having a sense of religious service as well as having law certainty. The government policy is the implementation of Administrative Law function in order to create a clean and appropriate government with the good general government principal, such as legality, equity, justice, law protection, wisdom, general need implementation and smart action.
The Dynamics of Paddy Land Legal Policy in Indonesia
Authors: Handayani Sri Wahyu , Kunarti Siti , Supriyanto
Published: November 2018

This research is conducted to describe the history of paddy land legal policy in Indonesia. Indonesia is an agrarian country which has ever received an award as rice self-sufficiency country in 1984. Nevertheless, now Indonesia becomes rice importer as paddy land decreases. Thus, it needs to be examined from dynamics of legal policy protection side. This research is divided into three periods, the appearance of Basic Agrarian Law in 1960, the New Order period until 1999, and Reformation period until 2017. The used method is historical method. This research also investigates several problems that arise from the implementation of paddy land legal policy in Indonesia.
Community Knowledge Related to Mangrove Conservation Law Products
Authors: Sulistyowati Eny , Astuti Pudji
Published: November 2018

Indonesia is a country that has an area of mangrove forests in the second place of the world. East Java is one of the provinces that have mangrove forests. The mangrove forest has various conditions, not only good conditions but also damaged conditions. The main cause of damage is the conversion of mangrove forests to ponds and the use of mangrove wood as charcoal. Mangrove forest has various functions so that the Indonesian government issues various laws and regulations relating to the preservation of mangrove forests. This study uses a qualitative approach. Data were collected by in-depth interviews and observations. The informants taken were people who lived around the mangrove area. The study location is on the north coast of East Java which includes Lamongan Regency, Gresik Regency, Pasuruan Regency, and Probolinggo Regency. The results of the study show that the majority of people know the mangrove conservation law products. Community knowledge is mainly obtained from the Village Head. Moreover, they do not know the types of law violations or types of law enforcement related to mangrove conservation. People living in mangrove areas know that there are regulations about mangrove forests, even though they do not know the substance.
The Use of Forest Areas for Infrastructure Development under Leasehold Forest Area License: A Sustainable Development Perspective
Authors: Suhadi
Published: November 2018

Infrastructure development (toll roads and geothermal exploration) in Central Java that uses forest areas does not conflict with the principles of sustainable development. Infrastructure development aims to provide technical or physical facilities that needed to provide services to the community and support the structure network so that the economic and social growth of the community can run well. Infrastructure development and forest area use aim to improve economic development and community welfare. The use of forest areas for infrastructure development carried out through borrowing permits for forest areas can still guarantee the sustainability of the functions and allotments of forest areas. The instrument that used to maintain the function and allotment of forest areas is to require holders of forest area use permits to conduct planting in the context of rehabilitation of watersheds, carry out reforestation on compensation land, carry out reclamation and / or reforestation in borrowed forest areas that are no longer used.
Fraud in Healthcare Service
Authors: Pustika Sukma Dara , Sulistiyono Adi , Tresno Novianto Widodo
Published: November 2018

In Indonesia, the fraud of healthcare service implementation occurs widely in hospitals, thereby harming the participants of social insurance. The objectives of research were to find out, to analyze, and to give solution to the fraud in the healthcare service. This research was taken place in several hospitals in Central Java Indonesia using non-doctrinal or empirical method on stakeholders related to national health insurance. The result of research showed that the substance of the ratification of Health Minister’s Regulation Number 36 of 2015 about Fraud Prevention in National Health Insurance in National Social Insurance System becomes the government’s attempt in suppressing fraud in healthcare service. In its structure, healthcare service occurs due to the pressure of enacted costing system, limited supervision, and justification in committing fraud and the imbalance between health service system and burden among clinicians, service provider not giving adequate incentive, inadequate medical equipment supply, system inefficiency, less transparency in health facilities, and cultural factor. Those who are responsible for the attempt of eradicating fraud such as Health Ministry, Regency/City Health Service, Hospital’s Board of Directors, Hospital Supervision Agency and Council, Social Insurance Administration Organization, professional organization, and Social Insurance participants should walk in the cycle starting from building awareness, reporting, detecting, investigating, sanction imposing, to building awareness.
The Prevention of Victim Precipitation in the Criminal Acts of Fornication and Coition Against Children
Authors: Hendriana Rani
Published: November 2018

All this time, a second victimization in a criminal justice system is considered to be an identical problem for the victims of crime. Thus, it is fair if the whole assessment is more oriented to the legal protection for the victims, especially the child victims in the crime of fornication and coition. However, when viewed from different sides, the source of error is not always absolute to the perpetrator but also because of the victim precipitation. This study examines the victim precipitation and its prevention with the aim to understand the degree of victim precipitation and the proportional prevention, that is not only from the aspect of the perpetrators but also from the aspect of the child victim and the community who have the potential to become victims. This research was conducted in the jurisdiction of Purwokerto City and Banyumas Regency, using sociological juridical research and qualitative research approach. The results show that there are several forms of victim precipitation in the crime of sexual fornication and coition to the child. Meanwhile, the prevention must be conducted comprehensively, either from the internal of the victim, or externally from various related parties.
Illegal, Unreported, and Unregulated Fishing as Transnational Organized Crimes
Authors: Septin Puspoayu Elisabeth , Jati Setyowati Peni
Published: November 2018

IUU Fishing (Illegal, Unreported, and Unregulated Fishing) is a fishing activity conducted in territorial waters or EEZ of a country that is unlawfully or unlicensed, and it is not reported or incorrectly reported either on its operations or the data of the vessels and its catch to the authorized fisheries institution. IUU fishing criminals are often a group of foreign organized crime that may cause the implementation of legal proceedings against IUU fishing perpetrators will be more difficult due to the limitations of coastal state jurisdiction. IUU fishing has become a global threat because this crime has occurred in many countries and resulted in enormous losses to the coastal state. Therefore, IUU fishing needs to be recognized as a transnational organized crime. The classification of IUU fishing as an organized transnational crime will facilitate the process of eradicating the practice of IUU fishing because every country should cooperate in the settlement and prevention of IUU fishing crime. Thus, IUU fishing is not only the responsibility of the coastal state alone, but also the global responsibility.
Construction of International Threat on UN Charter to Prevent an Unjust War
Authors: Rachman Hakim Arief , Septin Puspoayu Elisabeth , Satriatama Dananggana
Published: November 2018

Article 39 on the UN Charter mentioned that Security Council has an authority to determine any threat to the peace, breach of peace or act of aggression and so on. That Article has an implicit purpose that any country which wage a war or support an armed conflict without the SC authorization are considered as breach on other country’s territorial or political integrity as mentioned at Article 2.4. It can be classified as an Unjust War. The Unjust War itself can cause a major impact to destroy another country’s sovereignty and moreover the devastation from war often cannot be approximated. This paper used normative or doctrinal legal research method. Furthermore, it will reconstruct the authority of the UN to reformulate the international threat to prevent future commence of Unjust War with a political law. The main aspects to reconstruct must be linked to whether the removal of veto rights or political mechanism via UN General Assembly. While, the expansion of the authority to propose a sanction in the UN is not only coming from SC initiative only but it can be reconstructed so that the authority via UN GA can make a bigger sovereign and equally legally decision against big countries’ political power.
Accountability: State Capacity in Upholding the Rights of Indigenous Peoples in Malaysia
Authors: Nordin Rohaida
Published: November 2018

There is no proper mechanism for monitoring the effectiveness of indigenous legislation and evaluating its application in the day-to-day practice of the public administration and society. This paper firstly identifies and conceptualises the variables of State capacity and, secondly, provides empirical advances that analyse State capacity under each variable to demonstrate in practicing how those variables influence or determine the actual enjoyment of the indigenous peoples’ rights in Malaysia. Toward the purposes of this analysis and from the literature review [14,45], this analysis has identified the following variables: (i) accountability; (ii) legal legitimacy; (iii) political will; and (iv) capacity building and resources. This paper however will focus on the first variable: State accountability. The analysis clearly illustrates the implementation gap in the public administration. In few exceptions, State bureaucracy reacts as a State capitalist or rent-seizing State towards new legislation or policy passed in favour of indigenous peoples and, in doing so, rejects the recognition of the indigenous peoples’ rights.
Legal Responsibilities of the Boards of Directors of Persero State-Owned Enterprises Agency towards Losses Conducted by Directors’ Loss
Authors: Susanto
Published: November 2018

In conducting business, especially BUMN (Persero) faces various business risks both from the internal BUMN (Persero) itself and from the external. Losses from internal state-owned enterprises (Persero) can be caused by miss management or fraudulent directors. When the BUMN (Persero) experiences losses caused by fraudulent directors, problems arise when connected with BUMN (Persero) capital that comes from State assets (APBN) that have been separated.
Fintech Indonesia User Legal Protection in Balance Borrowing Money Based on Information Technology
Authors: Sulistyandari
Published: November 2018

The growth of FinTech companies in Indonesia is very rapid, currently, there are 142 FinTech Companies in Indonesia. The Financial Services Authority (OJK) continues to encourage the development of information technology-based financial service provider company (FinTech). OJK considers that the more number of FinTech companies, the better it would be. It is important to pay attention to legal protection for FinTech Users, because lending and borrowing services-based information technology has the potential to cause harm to FinTech users, besides being done online, the lender and recipient of the loan do not know each other, and there is no collateral in information technology-based lending and borrowing services. This paper discusses the legal protection of FinTech Users in information technology-based lending and borrowing services, and settlement of dispute in the event of a dispute between FinTech Companies and FinTech Indonesia Users. Legal protection for FinTech Users is provided in agreements made between FinTech Indonesia Companies and FinTech Users and law enforcement OJK Regulation No. 77/POJK.01/2016 The settlement of disputes by complaining to the FinTech Company, to the Financial Services Authority (OJK) or claiming through the General Court.
Government Policies To Improve Tobacco Farmers Business Results
Authors: Sabar Rotua Tinambunan Hezron , Widodo Hananto
Published: November 2018

Warehouse Receipt System suggest the potential that can be utilized on the implementation of the Warehouse Receipt System primarily in support of the financing, the minimization of price fluctuations, increase farmers’ income, credit mobilization, improvement of product quality and so on. However, implementation of warehouse receipt system in the agricultural sector is still faced a number of obstacles including transaction costs, inconsistencies in the quantity and quality of agricultural products, the lack of support banking institutions, and the still weak farmer institutions. With institutional farmers are not organized properly, the rules of the warehouse receipt system is still seen as too complicated so that the necessary simplification of procedures so that the warehouse receipt system could be used by farmers. In addition, the socialization of the Warehouse Receipt System and conducive government policy support will be an important factor so that the warehouse receipt system can be implemented optimally.
Model of Entrepreneurship for People with Disabilities
Authors: Widoyoko S Eko Putro , Setiawan Budi , Sholeh Khabib , Shina Muh. Ibnu
Published: November 2018

Persons with disabilities are often regarded as unproductive citizens, unable to carry out their duties and responsibilities so that their rights are ignored. Indonesia is a country that has various risks of disability due to various causes, such as prolonged armed conflict, chronic diseases and natural disasters in various areas such as earthquakes, flash floods, landslides and so on. People with disabilities are under-represented in the workforce, often facing discrimination by employers, and often not served and protected effectively. To support the active participation of people with disabilities in society and the economy, this paper aims to explore the role of entrepreneurs with disabilities and the entrepreneurship model of people with disabilities in the study area. We explore entrepreneurial activities between people with disabilities, theoretical foundations, provide entrepreneurial benefits and challenges for people with disabilities, and propose policy recommendations for models of entrepreneurship development with disabilities. Development of entrepreneurship programs for people with disabilities is needed to combat these barriers, promote empowerment and facilitate economic independence for people with disabilities. This model includes courses on how to write business plans, one-on-one business guides, technical assistance, new business grants, and assistance from business incubators.
Optimization of The Role of State Storehouse for Seized Goods (RUPBASAN) Expansion of The Authority in The Perspective of Integrated Criminal Justice System
Authors: Cahyaningtyas Irma
Published: November 2018

On the investigation process one of it forced effort by the investigator, namely seizure. Seized goods are saved n maintenance in The Role of State Storehouse for Seized Goods which namely RUPBASAN The problem of this paper are first, How is the implementation of authority process of the seized goods of state and the state booty in RUPBASAN; second, How is expansion of authority of RUPBASAN at the future. The method is used a normative juridical method which statute approach. The results show that the authority of RUPBASAN as effort to carry out its main duties are as follows: administering; conducting maintenance and transfer of State’s Confiscated and Seized Objects; conducting security and management of RUPBASAN; conducting business correspondence and filing but there is a facts in the RUPBASAN especially in management and maintenance of seized and spoiled goods of the state. Penal reforms of RUPBASAN are need to be realized which are not just to management and maintenance of seized and spoiled goods but it can also to strengthening of the RUPBASAN duties and authorities to extended to give the authority to auction the goods.
The Dominance and Influence of Positivism Paradigm on Judicial Decision Making
Authors: Indreswari Tri Laksmi
Published: November 2018

The court plays a pivotal role in the Indonesian law enforcement. The judge is the key component of judicial process and how the judge`s paradigm will give impact on court decision making. Paradigm represents a worldview of judge when handling a case. This paper used double type of legal research, doctrinal and non-doctrinal. Doctrinal legal research is used to obtain the secondary data and non-doctrinal legal research is intended to obtain the primary data. The purpose of this paper is to describe the factual condition of the paradigm on judicial decision making and to explain the influence of positivism paradigm on judge`s role. The result concludes that the judge`s paradigm still dominate by positivism paradigm and judge`s role is only applying the law.
Victim Impact Statement Model in Criminal Justice System in Restorative Justice Perspective
Authors: Puspitosari Hervina , Priambada Bintara Sura
Published: November 2018

Practice of restorative justice is the handling of criminal acts that are not only seen from the perspective of the law, but also related to moral, social, economic, religious and customary aspects. Local customs, as well as various other restorative considerations will deal with the perpetrators, victims, and stakeholders in the community, in collective problem solving, the purpose of which is to repair damage, restore the quality of relationships and facilitate the reintegration of the parties involved and related. This study uses research methods with a normative juridical research approach. Restorative Justice, namely the punishment imposed by the court is a punishment aimed at maximizing the condition of the victim as before the criminal incident befell the victim. The issue of justice and respect for human rights does not only apply to criminals but also victims of crime who must get a sense of justice so that the objective of the criminal justice system can be achieved with a sense of justice for the victims and perpetrators. It is very important to immediately make efforts to reform the criminal law that puts forward the substantial justice of victims and perpetrators.
Supporting and Inhibiting Factors the Application of Diversion Programs to Cases of Child Sexual Violence in the Juvenile Justice System in Indonesia
Authors: Wahyudi Setya , Angkasa
Published: November 2018

Program of diversion in the Indonesian Juvenile Justice System, is intended to support the realization of protection for children, both children of criminal acts, and for children who become victims of criminal acts. Research on the implementation of diversion program, with the method of juridical normative and juridical sociological approach. Research location are Pati, Semarang, Banyumas, Purworejo, Surakarta and Pekalongan. Analysis method used quantitative methods. The results of the research are diversion program through informal mediation is appropriate and can realize the protection of victims of sexual violence, because the penal mediation decision is in the form of: compensation; treatment and psychosocial recovery; responsibility of sexual violence perpetrators; apology from the perpetrator so that the victim’s fear will be lost. Factors driving the application of diversified programs, such as conditions of mutual forgiveness between perpetrators and victims. Actors provide compensation, Persuasive support of law enforcement as mediators, religion involvement, youth, social services, psychologists, regret of the perpetrator for the inhibiting factors of the diversion program is that the existence of the desire of the victim for the case forwarded to the court, the parties do not understand the diversion program.
Termination of Pretrial Process upon Commencement of the Subject Matter in the Indonesian Criminal Justice System Perspective
Authors: Effendi Tolib , Karlina Lubis Ria
Published: November 2018

The instruments of pretrial arrangements prescribed in the Criminal Procedure Code are insufficient to regulate pretrial mechanisms in practice. The problems in question are related to the pretrial examination period. Pretrial shall be carried out speedily within seven days at the latest or pretrial examination should be stopped if the first examination of the subject matter commenced. In conjunction with a criminal justice system, the pretrial and subject matter examination system are different and separate sub-systems, although integrated in a series of criminal justice systems. The purpose of this paper is to examine whether the pretrial termination due to the examination of the subject matter is appropriate according to criminal justice system perspective. This research is a doctrinal research with the statute approach and conceptual approach, by reviewing the pretrial arrangement relating to the concept of criminal justice system. Examination at the pretrial and the subject matter are two different and separate sub-systems. They should not exclude each other, the examination of subject matter should not the pretrial process, or the subject matter examination cannot be started before pretrial verdict have passed.
Access to Justice for the Disability Women as Victims in the Criminal Justice System
Authors: Wulandari Cahya
Published: November 2018

Women are the parties who have potential chance to be victims; this problem is regardless of patriarchy culture which is still very strong in the community. Women are considered vulnerable, moreover those who have dissabilities. Disability women are less able to protect themself from the violence. These problems are related to access to have the rights in justice for those disability women who become the victims of violence. This research used primary data and secondary data with qualitative research through juridical sociological approach. The violence which often occurs to women could be physical, verbal, sexual, as well as psychic violence. The disability women as victims get less access to justice and protection as set in regulations because they are lack of understanding from law enforcer about disability. Moreover, there is no infrastructure that can support the rights of disability women.
Reforming the Compensation Model to Victims of Crime in Indonesia
Authors: Amrani Hanafi
Published: November 2018

Indonesia has an obligation to place the protection of human rights against all its citizens, as well as in ensuring compensation for certain victims of crime. Ironically, the conceptual issues such as the inclusion of compensation on the existence of criminals who provide restitution, the unclear technical implementation in the normative legitimacy, as well as the financial problems of the state for compensation show that the compensation for crime victims in Indonesia is still problematic. This study focuses on the ideal idea of reforming the model, form and mechanism for providing compensation to victims of crime in Indonesia. This research uses normative research with secondary data. The approach taken include philosophical, legislation and conceptual, and analyzed descriptively qualitative through literature study. The results of research are; first, the state compensation of crime victims conceptually, juridically and practically has not been able to show the effectiveness of providing compensation for victims of crime; second, reconceptualizing the compensation model through an extra-judicial path, with a material and non-material compensation shape, and using a mechanism that focuses on the involvement of all parties as the concept of restorative justice is an alternative solution to compensation for crime victims in the future.
The Tipikor Trial Model Based on IT In implementation of The Hearing on The Islands To Be Fast, Lightweight Cost and Simple
Authors: Sulistyanta  , Adi Santoso Mola Sebastianus , Haba Djingi Fredyk M , Ayu Jati Putri Fatma
Published: November 2018

Based on Law no. 46 of 2009 on the Court of Corruption, this court has the authority to examine and decide on corruption cases filed by the KPK and the State Prosecutors and High Offices. According to Article 35 paragraph (1) to paragraph (4) of Law no. 46 year 2009 TIPIKOR courts exist only in each provincial capital whose jurisdiction covers the province concerned. The existence of this provision would not want the District Attorney in every district/city should delegate the case to the Corruption Court in the provincial capital. Whereas the area of NTT is an archipelago area where distance between districts with the city of Kupang is very far.

Based on the results research: the cost required by several State Prosecutors’ samples to prosecute 1 (one) case in TIPIKOR Court in Kupang is quite varied, i.e. Rp.127.534.000, -, Rp. 294,096,000, -, Rp. 376,556,000, and Rp. 354,220,000, -. The costs generally have exceeded the cost limit for the determined prosecution of Rp. 190,000,000, -. The variation of cost incurred by each State Prosecutor’s sample gives an illustration that the more distance from Kupang city, the greater the cost. In addition, the duration of the ongoing trial process has had an effect on the cost. Weather factors, flight delays due to bad weather make the trial schedule chaotic, and costs incurred increases. As a result, the work of witnesses becomes neglected, the Public Prosecutor’s job of handling other cases becomes impeded.

Based on the matters above, it is necessary to create a sub-district court model and/or IT-based TIPIKOR judiciary to save relatively expensive cost and cut the time available to bring it closer to the quick, cheap, and simple justice principles. This alternative judicial model of TIPIKOR in addition to contributing to the theoretical level of future development of the judicial system, is expected to become a model for the mining of the judicial system in other islands provinces in Indonesia.
Children Under the Age as the Victim of Sexual Crimes
Authors: Ratna Multi Wijaya Vience
Published: November 2018

Children is the next generation of a nation and state. Therefore, it is necessary for them to get special protection both physically, mentally and socially. In order to realize the fulfillment of the children’s rights. Legal Protection under Article 1 Sub-Article 2 of Law Number 35 of 2014 is all activities to guarantee, protect children and their right to live, grow, develop and participate optimally in accordance with human dignity and protection from violence and discrimination. One of the violence experienced by underage children is sexual crime victims. As for the issue: How is protection given to the law of children who are the victim of sexual crime? This study is Normative and uses secondary data, and analyzed qualitatively and is descriptive with approach refers to legislation such as Law No. 35 of 2014 jo Law No. 23 of 2002, Act NO. 17 of 2016, Law No. 39 of 1997. Results of legal protection research on children under the age of victims of crime in accordance with Article 59 paragraph 2 and Article 66 of Law No. 35 of 2014, and severe criminal sanctions on Law no. 17 year 2016, while prevention there should be cooperation between all parties KPAI, Government, Family and Society.
Economic Approach to Combat Violence Against Children in Indonesia
Authors: Widjajanti Ermania , Windari Rusmilawati
Published: November 2018

The current problem of crime countermeasure should be viewed not only as a mere juridical-normative problem, but also cover other areas of life. Aside from being a violation of human rights, the existence of these sanctions are not more than a state shortcut because the conventional sanctions function less optimally. Proportionality of the costs expended compared with the benefits gained is important to measure the efficiency and effectiveness of how crime is overcome. Nowadays, violence against children, a crucial problem for Indonesia, requires countermeasures that are not only effective but also efficient, it is necessary for an economic approach to estimate potential costs of violence against children, therefore it can be a source of information for policy makers or authorities in order to protect children from all forms of violence. It is a reasonable demand if crime countermeasure in the era of globalization does not only empower the strength of the normative aspects of legislation an sich, but it also needs to involve economic considerations in it. The legal issues examined in this article are the urgency of cost analysis as a policy to overcome the crime of violence against children
Legal Professions as the Reporting Parties in Anti-Money Laundering Regime: How Can Professions Actively Contribute?
Authors: Lisanawati Go , Benarkah Njoto , Nursari Simanjuntak Yoan
Published: November 2018

As it is believed by the International and national society, the active participation of professions (including legal professions) is urgent and significant in anti-money laundering prevention. The International society has been put professions as reporting party since it has been identified as gatekeeper through their profession. One of the important construction has been developed in order to bridging the problems that appears in the dicussion of this role. The debatable discussion related with the code of conduct of the professions versus the of anti-money laundering mandate as the reporting party’s responsibility. Actually, the problem is also related with the content of the reports. Some sources as mentioned in the Law of Anti Money Laundering, Government Regulation and Head of INTRAC ‘s regulation shall be elaborated. As it is designed in the law and regulations on anti-money laundering, it should be active participation of the legal professions and other professions as mentioned in the Government Regulation Number 43 of 2015. To comply with this requirement, it needs self-awareness of the legal professions to do reporting once they meet the requirements.
Non Penal Policy of Terrorism Mitigation in Indonesia
Authors: Masyhar Ali
Published: November 2018

Thus far, prevention of terrorism has always been directed to penal policy that includes formulation/formulative policy, judicial/applicative policy and executive/administrative means. In fact, until now this penal policy has not indicated significant results. The penal policy only touches on the apparent symptoms on the surface, while the root of the problem (the attitude of radicalism) is never touched. Therefore, there should be another alternative to deal with the crime of terrorism that is clearly common enemy of humankind in any hemisphere. This paper tries to find other suggestion of counterterrorism other than those that have been conventionally conducted and even become the main focus in counterterrorism.
Investigation System Reform in Settling Smuggling Crime
Authors: Ramadhani Deaf Wahyuni , Supanto  , Hartiwiningsih
Published: November 2018

Indonesia has governed smuggling crime in the provisions of Articles 102, 102A and 102B of Law Number 17 of 2006 about the Amendment to Law Number 10 of 1995 about customs. To lower the smuggling rate, sanction reformulation is required in the attempt of recovering the state’s financial loss and/or being partial to the state’s financial interest. Criminal sanction of smuggling is led to the attempt of recovering the state’s loss rather than sentencing imprisonment. This research aimed to find out and to analyze the reason why the reform of smuggling crime investigation system needs to be done. This study was a non-doctrinal law research; techniques of collecting data used were interview, document study, and Focus Group Discussion; data analysis was conducted using an interactive model of analysis. The result of research showed that the factors encouraging the reform of smuggling crime investigation system to be done were legal substance related to regulations about prohibited and restricted products and imprisonment criminal sanction that were ineffective, with elaborate legal structure or bureaucracy and executorial function imposed to the investigators constituting Civil Servant Officials in Directorate General of Customs, and legal culture, in which the main actor had never been found, people’s livelihood source coming from smuggling, and low support among institutions to smuggling crime overcoming.
Human capital as socio-economic phenomenon of the innovation society: prerequisites of formation, essence and structure
Authors: Belenkova Oksana , Vanchukhina Lubov , Leybert Tatyana
Published: November 2018

Prerequisites of formation of human capital as socio-economic phenomenon in the innovation society are analyzed in this article on the basis of complex methodology that integrates methods of social philosophy, economics, sociology and socio-philosophical anthropology. The authors came to the conclusion that these prerequisites are the following: technologization of achievements in the field of basic sciences and lending innovation-technological, economic-commercial, administrative, innovation-personal functions to sciences. The basic provisions of the theory of human capital are investigated, and its essence and structure is justified in the paper. The authors show that this is cognitariat or social groups ensuring the formation and constant development of the scientific-industrial-technological segment of the innovation economics on the basis of implementation of innovation that is the subject of human capital. Possibilities and perspectives of utilization of human capital for solving tasks of improving productivity and profitability of production in the digital economics are also justified.
About economic assessment of the ecological damage caused to the air basin in Russia
Authors: Damineva Raisa
Published: November 2018

The paper analyzes the condition of atmospheric air on the basis of determining the dynamics of emissions structure by types of pollutants. Types of consequences from pollution of the air basin are considered. The paper also reviews approaches toward calculations of payments for emissions of harmful substances and economic assessment of ecological damage caused by the pollution of the air basin.
On measures to stimulate the development of settlements of the Arctic zone of the Republic of Sakha (Yakutia)
Authors: Tarasov Mikhail , Teryutina Marianna , Val Olesya , Danilova A.
Published: November 2018

The article describes how in extreme, harsh natural and climatic conditions of the Arctic, such activities as cattle breeding, horse breeding, reindeer husbandry, hunting, and fishing are conducted. Effective development of northern settlements, active construction and operation of inter-district highways are reviewed and justified. Attention is drawn to the acute problem of training, retraining, and securing qualified specialists in the North, providing them with housing. It is recommended to develop proposals on the issues of credit and financial and tax policy, logistics, which are related to the northern state policy, as well as targeted control over the timing of the transfer and targeted funds for the purpose and their use. The goal is to justify measures to stimulate the development of settlements of the Arctic zone of the Republic of Sakha (Yakutia). Methodology: the study of existing regulations and their retrospective analysis. Results: Reasonable proposals for stimulating the development of the settlements.
Management of the production potential of a construction company
Authors: Barbarskaya Marina , Larkina Alla , Trubchaninova Elena
Published: November 2018

The paper is devoted to the management of the production potential of a construction company. The importance of the production potential as one of the most significant elements of the organization resource base is substantiated in the article. Theoretical foundations of the concept of “production potential” and the element structure of the production potential are considered. The management of the production potential is considered from the point of view of the system approach. Taking into account the specifics of the construction sector, the structure of the managing subsystems, such as the target, supporting, managed and managing ones, is represented. The implementation of management decisions in the system of management of the productive potential is to ensure an increase in the management effectiveness of all elements of the production potential, contribute to its further development, and enhance efficiency of a construction company as a whole.
Innovative processes in the company “Innovative Management Systems” (Russia)
Authors: Litvinova Anzhela
Published: November 2018

In connection with the marked activation of absolutely new approaches to the organization of business processes leading to the effective operation of companies on the international market and the appearance of a multitude of new goods and services on the global market, the Government of the Russian Federation is seriously puzzled today with the issue of creating an innovative space in the country that would enable the environment for implementing effective innovations that can not only improve existing processes and direct them to new trajectories, but also stimulate new approaches to business processes and the emergence of new types of goods and services on the market that are the basis for a competitive economic system.
Trends in social inequality in the economic and political contexts
Authors: Zausaeva Natalia
Published: November 2018

The problem of inequality has been known in society since time immemorial and has not lost its significance to this day. Moreover, in the contemporary world, it acquires the features of a global problem, attracting the attention of representatives of various sciences, primarily economists and political scientists. In this article, certain approaches of the economists and political scientists to the analysis of the issues of inequality and its consequences are considered. The author concludes that there is the convergence of their research fields.
Mothers’ behavioral models 6 years after the birth of a sole child by caesarean section
Authors: Lubimova Olga , Petukhova Elena , Kravchenko Galina , Kaigorodova Nadezhda
Published: November 2018

This article presents a comparison of the behavioral patterns of mothers for single children of 6-7 years of age who gave birth naturally, in emergency (a forced measure during the abnormal course of natural childbirth), or in a planned cesarean section.
Theoretical and methodological foundations of profiling as an interdisciplinary field of psychological knowledge
Authors: Psareva Bella , Gamayunova Alexandra
Published: November 2018

The article discusses one of the new applied areas in psychology, which is the non-instrumental diagnosis of lie, i.e.profiling. Currently, one of the new applied areas in psychology is profiling. Modern profiling includes knowledge, abilities, and skills (hereinafter, KAS), developed on the basis of the achievements of contemporary Psychological Science, a clear affiliation to a specific subject. The basis of integrative psychotechnology is a complex of knowledge in Psychological Sciences, where the object of general knowledge is the personality, his/her features, behavior, and general psychological laws of organizing purposeful activity. The authors come to the conclusion that profiling is an area of theoretical, methodological, integrated, scientifically grounded knowledge in related disciplines of Psychological Science.