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Electronic Commerce: Legal Perspective (Comparative Study)

Hussein Riyadh Khudura, Ali Abdulrazzaq Muslimb, Eyad Mutshr Sayhodc,a,cUniversity of Thi-Qar \ College of Law, bUniversity of Qadisiyah \ College of Fine Arte,

The advent of information technology has resulted in so-called electronic commerce, both at the level of individuals and at the corporate and government level. The electronic commerce has become significant due to numerous advantages, the most important is the comfort of carrying out the business operations. The diversification and expansion in the markets come up with several legal problems. The most serious problem is the information crime in a way that impends economic development, consequently requires providing legal protection for trade. Pages 1 to 17

 

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Probing the Methodology of Avicenna’s Epistemic Theories

Abbas Kharabi Masouleha*, Mohd Zufri Mamatb, Maisarah  Hasbullahc, aDepartment of Science and Technology Studies, Faculty of Science, University of Malaya, Kuala Lumpur, Malaysia, b,cSenior Lecturer. Department of Science and Technology Studies Faculty of science. University of Malaya. Kuala Lumpur, Malaysia, Email: *aabbas.kharabi@phil.uni-goettingen.debmdzufri@um.edu.mycmaisara@um.edu.my

In the present research, the aim was to examine some of the metaphysical foundations of knowledge from the view point of Avicenna whose theories of knowledge were influentially echoed in the epistemic theories in the Islamic world and the next schools of thought. The main problem with the statement of current research is a critical question of whether Avicenna’s metaphysical foundations are capable of forming a representative operation for our knowledge that is accurately representing the external world. If his metaphysical foundations fail to justify the fact that our knowledge represents the real world as it is, the metaphysical foundations of his epistemology, in spite of his realism, would inevitably slip into a fundamental gap between the known-object and the knower-subject. Such research on the principles of epistemology of Avicenna who is one of the pioneers of major thought stream in Islamic philosophy i.e. Peripatetic philosophy, can open up new perspectives for further systematic research on epistemic aspects in his doctrine. Pages 18 to 29

 

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 U.S. Communism Containment Policy for Indonesia: A Case Study of the 1965-1967 Attempted Coup D’état in Indonesia

Arfin Sudirmana*, Rudsada Kaewsaeng-onb, aDepartment of International Relations, Universitas Padjadjaran Indonesia, bPrince of Songkla University, Email: *aarfin.sudirman@unpad.ac.idbrudsada.k@psu.ac.th

In the context of the 1945-1991 Cold War era, the United States (U.S) communism containment foreign policy was implemented globally from Europe to Asia. The goal of this policy was to contain the world-wide expansion of communism ideology. The inability of the Asian countries to be militarily and economically self-sufficient caused the power competition by the super power countries of the Unites States and the then-Soviet Union.  With regard to the US communism containment policy in the South East Asian region, the US involvement in the 1965 attempted Indonesian coup d’état appears to have been  inevitable given the fact that Indonesia was in the middle of the Cold War, with the Soviet Union as their powerful rival. This paper aims to describe, analyse and further understand the US role in Indonesia during the 1965 attempted Coup d’état that eventually overthrew Sukarno’s leadership. 1965 was the year in which the Cold War reached its climax and the major role of the US in executing its Indonesian communism containment policy was very visible after the G30S 1965 movement in Jakarta.  Essentially, this historical event was considered as one of the most controversial and mysterious events in Indonesia’s political history. Not only did Sukarno lose his power through domestic pressure, but thousands of Indonesian people lost their lives in the post-coup massacre in Java and Bali. It is argued, although there is no concrete evidence, that the U.S was the real mastermind of the 1965 ‘abortive’ coup in Jakarta. Pages 30 to 46

 

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The Relationship between Mother’s Knowledge, Attitudes and Beliefs to Exclusive Breastfeeding in Jeneponto District

Fairus Prihatin Idrisa*, Sukri Palutturib, aLecturer, Public Health Faculty, Universitas Muslim Indonesia, Makassar Indonesia, bProfessor, Faculty of Public Health Hasanuddin University, Makassar Indonesia, Email:  a*fairus.p.idris@gmail.com,   bsukritanatoa72@gmail.com

Background: Infants who are exclusively breastfed are less likely to have diarrhoea, respiratory infections, infectious diseases and pneumonia. Exclusive Breastfeeding (EBF) can save 1 million children globally under the age of 5 years who previously died. An 80% national standard has been set by the Indonesian government to increase exclusive breastfeeding. EBF in 2013 reached 54.3% and in South Sulawesi, the lowest coverage of EBF was in Jeneponto Regency, which was 20.57% in 2012 and increased to 67.66% in 2013 with Arungkeke subdistrict recording the lowest EBF coverage in Jeneponto at 63.3%. Materails and Methods: The aim of this research was to determine the relationship between mother’s knowledge, attitudes and belief with respect to exclusive breastfeeding in the Work Area Health Center Arungkeke, Jeneponto District. An observational analytic study with cross sectional design was conducted and 104 mothers were interviewed. Data was analyzed using Chi-Square. Results and Discussion. This study showed mothers do practice EBF (58,7%). There are no significant correlations between mother’s knowledge, attitudes and beliefs and EBF (0,116, 0,951 and 0,966). While mothers have good knowledge about EBF they are defeated by the strong influence of family and culture and the perception that if breastmilk has not come out on the first day, prelacteal feeding should be utilized. Mothers agree that breast milk is a very good thing for their babies and while EBF is not the general habit, breastfeeding is a predominant practice.  Recommendation. This study recommends the provision of in-depth information to mothers and families about EBF. This study also recommends consideration of cultural aspects such as the culture of using colostrum. Pages 47 to 62

 

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Investment Strategies of International Oil and Gas Companies

Bystryakov Alexander Yakovlevicha, Kondratenko Nikolai Sergeevichb, Pizengolts Vladimir Mikhailovichc*, a,b,cFederal State Autonomous Educational Institution of Higher Education "Peoples' Friendship University of Russia" (RUDN University), Miklouho-Maclay str., 6.  Moscow, Russia, Email: abstal@yandex.ru; bn_kondratenko@rosneft.ru; c*pizen@mail.ru

The decline in oil prices, which began in the second half of 2014, turned out to be a protracted phenomenon and was a serious challenge for the industry. Oil and gas companies, in the leading oil-producing countries, were forced to rebuild their strategies, adapting to the new realities of the market. This article gives a brief overview and analysis of strategies used by the modern oil and gas market main players, including a description of their strengths and weaknesses. The common strategic concepts and management solutions that are specific to each of the companies separately are identified. For the purpose of this article, there are seven companies which were included in the analysis: ExxonMobil, Chevron, BP, Royal Dutch Shell, Total, Eni and Statoil. Pages 63 to 69

 

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Potential for Fraud of Health Service Claims to BPJS Health at Tenriawaru Public Hospital, Bone Regency, Indonesia

Sukri Palutturia*, Siti Rahmawati Makkuradeb, Reza Aril Ahric, Ade Suzana Eka Putrid, aProfessor, School of Public Health Hasanuddin University, Makassar Indonesia, bGraduate School of Public Health Muslim University of Indonesia, Makassar, Indonesia, cSchool of Public Health Muslim University of Indonesia, Makassar, Indonesia, dSchool of Public Health, Andalas University, Padang, Indonesia, Email: a*sukritanatoa72@gmail.combethylife@gmail.comcreza.ahri@gmail.comdadesuzana@gmail.com

Background:  National Health Insurance (NHI) to meet the demand for Universal Health Coverage in Indonesia is still relatively new. The potential for fraud that can harm patients and others is possible. Objective: The aim of this study was to obtain in-depth information about the potential fraud of health care claims to the Social Security Agency of Health (BPJS) in Tenriawaru Public Hospital of Bone regency, Indonesia.  Methods: This type of research is qualitative with descriptive analysis. The technique for informant choice was purposive sampling. Data collection techniques included an interview, observation, and documentation. Data analysis was descriptive and validity of data used was achieved through a triangulation of data source. Results: The results showed that there is a potential fraud that occurrs at Tenriawaru Regional General Hospital. The fraud is caused by health care providers such as health workers and coders. There is potential fraud of 8 types: up-coding, readmissions, type of room charge, unnecessary treatment, phantom billing, keystroke mistake, service unbundling of fragmentation and cancelled service. This regulation has included elements of fraud and the types of potential fraud that occurs in primary health care and referral health. Recommendation: The findings of this research recommend rule development to deter potential fraud perpetrators. Pages 70 to 90

 

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Effects of Yangsaeng Behavior and Physical Activity Enjoyment on School Life Adaptation in High School Girl Dance Class Participation

Yang Hee Choa, Won Chung Chungb*, aEhwa Woman's University, South Korea, bBusan National University, South Korea, Email: b*wjj72780@naver.com

Appropriate behavior for physical health is an effective predictor for physical development during adolescent school life. This study examined the predictable relationship among Yangsaeng behavior, physical activity enjoyment and school life adaptation. Data was collected from 708 high school girls who participate in school based dance classes. Multiple regression analysis was applied to data and the results show that Yangsaeng behavior accounted for school life adaptation of 36% with the Yangsaeng morality factor (β=.356); physical activity enjoyment accounted for school life adaptation of 45% in relationship with confidence and friendship and health and beauty factors (β=.046, β=.157). Yangsaeng behavior accounted for physical activity enjoyment of 56% in morality, mind cultivation and Yangsaeng exercise factors (β=.396, β=.206, β=.202). In conclusion, Yangsaeng behavior and physical activity enjoyment predicts school life adaptation and physical activity enjoyment predicts Yangsaeng behavior in the context of school based dance classes. Consequently, Yangsaeng behavior and physical activities are effective programs that positively influence adolescent physical and mental health. Pages 91 to 104

 

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Evaluation on Indonesian Labour Law to Protect Migrant Labour Rights in an ASEAN Economic Community Framework

Emilia Fitriana Dewiab, An An Chandrawulanb, Daniel Hendrawanc*, Ilham Nugrahad, aFaculty of Law Padjadjaran University, School of Business And Management Institut Teknologi Bandung, bFaculty of Law Padjadjaran University Bandung, cFaculty of Law Maranatha Christian University, Bandung, School of Business And Management Institut Teknologi Bandung, Email: aEmilia.f@sbm-itb.ac.idba.chandrawulan@unpad.ac.idc*Daniel.hendrawan@rocketmail.comdIlham_nugraha@sbm-itb.ac.id

Indonesia is now facing a new era of worker globalization, particularly in the regional basis of the Association of Southeast Asian Nations (ASEAN). Indonesia has been known to be one of the largest migrant worker centres in ASEAN (Thea ASEAN Consensus, 2014) and this necessitates that Indonesia ensures the protection of its national migrant workforce while receiving migrant workers from other countries since the establishment of the ASEAN Economic Community. However, the norms of migrant worker rights have not been grounded firmly in Indonesia. This paper aims to suggests how Indonesia, as a participant, should prepare for further ASEAN Economic Community implementation, particularly regarding migrant worker rights. Pages 105 to 119

 

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Development of an SRM-based Drive for Built-in Automotive Vacuum Cleaners

Jaehyuck Kim, Wonkwang University, Email: jaehkim@wku.ac.kr

The paper describes the design and control of a switched reluctance motor (SRM) and drive system for built-in automotive vacuum cleaners. As the popularity of outdoor activities and recreation has increased, the automobile industry has expanded technology to enhance vehicle convenience and vacuum cleaners with built-in automobiles have been introduced. The conventional DC motors in vacuum cleaning systems have several disadvantages such as maintenance cost and life of the commutator-brush structure. The SRM is a good alternative to existing DC motors due to its high-speed capability, long life, low maintenance costs and high efficiency. The prototype SRM drive is designed and built to verify its use in a built-in automotive vacuum cleaner system. Dynamic simulation is performed to determine the optimum switching angle for maximum efficiency and minimum torque ripple. Load tests, noise measurements and suction tests are also performed. Pages 120 to 130

 

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 Foreign Investment and Social and Corporate Responsibility

Maria João Mimosoa*, Maria do Rosário Anjosb, aPortucalense University, Porto, Portugal, bPolythecic Institute of Maia, Maia, Portugal, Email: a*mjmarbitragem@gmail.combrosario.anjos@socadvog.com

This study aims to highlight the problems posed by foreign investment on corporate and social responsibility. Host states sometimes find it difficult to deal with some of the effects of these investments with regard to economic, social and human rights. The phenomenon of globalization, as is well known, is a contemporary reality propelled by investment and the internationalization of companies. In emerging economies it appears that investment has produced loss in terms of some expressiveness components. This study investigates the potential violation of the most elementary human rights and the assumptions of bad environmental practices in this context. Several organizations have played a crucial and influential role in the adoption of ethical behaviour by the multinational companies that are the investment protagonists. Pages 131 to 139

 

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Non-Discrimination Principle in Helping ASEAN Economic Communities to Protect National Interest

Daniel Hendrawana*, Ni Made Ayu Geanab, a,bMaranatha Christian University, Email: *aDaniel.hendrawan@rocketmail.combgeana.cahya@gmail.com

Challenges and dynamics of the global economy in the last decade reinforce the commitment among the ASEAN countries to strengthen economic cooperation based on the ASEAN Economic Community (AEC). AEC is the embodiment of the noble ideals of the leaders of ASEAN countries and since 2003 has worked to make ASEAN a region which is stable, prosperous, and progressive in economic growth. The efforts to integrate the ASEAN countries are not easily realized. One of the challenges faced by Indonesia is the liberalization of the investment sector and to prepare for the AEC 2015 and in the national interest, mapping the Indonesian economy and connection issues at the regional level, as well as the steps that need to be pursued systematically needs to be taken into account. Application of the principle of non-discrimination in the Law number 25 Year 2007 regarding investment is an effort to protect the interests of foreign and domestic investors with regard to national unity, an important element in the preparation of Indonesian economic integration into the AEC. Pages 140 to 149

 

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 The Human Nature: Divinity of Man in IBN Arabi’s and Shankara's Perspectives

Saeideh Sayaria*, Mohd Zufri bin Mamatb, Maisarah Bint Hasbullahc, aUniversity of Göttingen, Germany, b,cUniversity of Malaya, Malaysia, Email: a*Saeideh.sayari@phil.uni-goettingen.de,bmdzufri@um.edu.mycmaisara@um.edu.my

Arabi’s school of thought and Shankara's worldview have much in common. One of issue on which the two thinkers agreed  is  the divine nature of the human being. This paper compares the approach of the two figures in the issue through discussing and explaining the unity of Being/Reality and the identity of One Being/Reality and human nature. The concept of imago Dei in Ibn Arabi’s works and the concept of Self in Vedanta will be debated. In contrast to Shanakra, for Ibn Arabi, the human self is considered as a reality and it has the stronger elements when the human being actualizes the divine attributes, especially knowledge. Pages 150 to 164

 

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The Influence of Reverse Logistics Innovation and Reverse Logistics Performance on Resource Commitment and Reverse Logistics Cost Savings: Automotive Industry vs Automotive Aftermarket Industry

Piyachat Burawata*, Chanongkorn Kuntonbutrb, aRajamangala University of Technology Thanyaburi, bRajamangala University of Technology Thanyaburi, Email: a*piyachat_b@rmutt.ac.thbck9595@gmail.com 

The objective of this study is to examine the influence of reverse logistics innovation and reverse logistics performance on the relationship between resource commitment and reverse logistics cost savings. The investigation was assembled with the top and middle management in the Thai automotive industry and automotive aftermarket industry. A survey was conducted with 567 respondents and in-depth interview data was gathered from 55 participants. The findings revealed that there were strong positive associations between resource commitment and reverse logistics innovation, reverse logistics innovation and reverse logistics performance and reverse logistics performance and reverse logistics cost savings. Reverse logistics innovation and reverse logistics performance have a full mediating influence on associations of the structural model. In addition, the model is different across the size of firm, time of firm industry entry, category of industry and period of reverse logistics application and further, both level of path and structural model. Respecting qualitative investigation, enterprises that implement reverse a logistics program in terms of remanufacturing, refurbishing, recondition, reuse, recycle, scrap sale and disposal aim to service their customer requirements rather than seeking benefit. Successful utilizers demonstrate higher level management, financial and technological commitment as well as prioritization of strategic direction and continuous implementation. Pages 165 to 186

 

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A Step towards Digital Inclusion within the Thailand Digital Economy and Society Development Plan

Polawat Witoolkollachita, Wannasiri Bhuasirib, Maythapolnun Athimethphatc, Sanya Mitaimd*, a,bOffice of the National Digital Economy and Society Commission, Ministry of Digital Economy and Society, Thailand, cFaculty of Engineering and Technology, Panyapiwat Institute of Management, Thailand, dDepartment of Electrical and Computer Engineering, Faculty of Engineering, Thammasat University, Thailand, Email: apolawat.w@gmail.com, bwannasiri.b@onde.go.thcmaythapolnun@gmail.com*dmsanya@engr.tu.ac.th

The Office of the National Digital Economy and Society Commission (ONDE), Thailand is currently undergoing research studies on digital technology for the nation’s social and economic development policies. The goal is to create a quality, equitable society through digital technology according to Thailand’s Digital Economy and Social Development Plan. This paper presents research methods and findings on the needs of five specific groups that are fragile and vulnerable: the disabled, the elderly, the disadvantaged and children, youth and women. The paper concludes with the presentation of action plans for digital technology development to bridge the gap in Thailand's digital divide. Pages 187 to 208

 

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Elements that have an Impact on the Glass Ceiling as a Competitive Factor of Family-Owned Service Sector Companies  in Tijuana, B.C., Mexico

María Virginia Flores-Ortiza*, Alfonso Vega - Lópezb, Edgar Armando Chávez-Morenoc, Ricardo Rosalesd, a,b,c,dUniversidad Autónoma de Baja California, Email: a*vflores@uabc.edu.mxbavega@uabc.edu.mxcgared74mx@uabc.edu.mxdricardorosales@uabc.edu.mx  

The participation of women today is more representative within the organizational structure of companies, resulting in a greater participation in management positions, increasingly recognizing their effort in the workplace. For a family business, it is fundamental to adapt to the current labour market, modify its appreciations and adapt some values so that it is competitive and able to remain in the market. Therefore, it is important for a woman to progress in the family business. Management must support their growth and develop a life and career plan to give them the opportunity to ascend within the organizational hierarchy. Hence the importance of conducting this research and determining the elements that directly affect the glass ceiling of family-owned service companies in Tijuana, B.C., Mexico. To achieve the results, 135 representative surveys were carried out on the employees of the family service sector companies registered in the Mexican Business Information System (SIEM), corresponding to Tijuana, Baja California, Mexico, the research being carried out during 2016 and the first four months of 2017. Quantitative research is applied to survey conduction through questionnaires to the employees of family companies in the service sector to obtain the results. Pages 209 to 228

 

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A Study of Social Representations on Groups of Minorities (Evidence from LGBT)

Puzanova Zh.V.a, Larina T.I. b*, Peoples` Friendship University of Russia (RUDN University), Moscow, Russian Federation,  Email: apuzanovazhv@rudn.ru, b*larina-ti@rudn.ru

In the modern world sensitive theme is increasingly concerned with the attitude to certain social groups, usually minorities. In this case, classical surveys are no longer sufficient and require the addition of "soft" techniques. The article presents the results of a methodical experiment in using combination of projective methods, the method of unfinished sentences and the collage method for studying attitudes towards a sensitive topic for Russian residents - representatives of the LGBT community. The procedure and technique for implementing the experiment were described in detail. Respondents with polar points of view on the LGBT phenomenon helped us to save validity of the data. As a result, this technique can be adapted for the study of social representations about any other minority group. Pages 229 to 242

 

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Exclusion Measurement of Different Social Groups: Methodological Preliminary Work and Empirical Results

Narbut N.Pa, Puzanova Zh.Vb, Larina T.I.c*, Tertyshnikova A.Gd.   Peoples` Friendship University of Russia (RUDN University), Moscow, Russian Federation, Email: aNarbut-np@rudn.ru, bpuzanova-zhv@rudn.ru, c*larina-ti@rudn.ru, dtertyshnikova-ag@rudn.ru 

Today social exclusion is the process of displacement of a person to the periphery of public life and deprivation to participate in life as a result of poverty, lack of basic competences or discrimination. Traditionally representatives of the LGBT community, people with HIA, extremists, former prisoners, people with mental illnesses and migrants are considered to be subject to exclusion.  However, social exclusion is a difficult phenomenon to measure and interpret. This article intends to perform an empirical study and measurement of the exclusion degree by using a questionnaire survey in relation to the above-mentioned groups based on three components of exclusion - moral, economic and political. As a result, we describe proprietary methodology of social exclusion measurement and present the results of Russian student social image regarding the exclusion from social life of each of the studied groups. According to the results, former prisoners are the most excluded group and elderly people the less excluded group and extremists are the most morally excluded group including drug addicts, the politically excluded, former prisoners and the economically excluded. It was found that there are several features of the manifestations of exclusion for each group and these are also described in the article. The results of the study will be of interest to sociologists working in the field of methodology, as well as specialists in the humanities who are concerned about the problem of social exclusion. Pages 243 to 262

 

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Sundanese Local Law Amidst the Acceleration of Technology

Anthon F. Susantoa, Faculty of Law - Universitas Pasundan, Email: aanthon.susanto@unpas.ac.id/ anthon.aiki@gmail.com

Local law (Adat) in Indonesia is unique (specific) and different from any other law in the world. The relation of man and nature is always bound by sacred and magic aspects of spirituality. Man, naturally, is part of the universe and is an inseparable part such as macro and micro-cosmic marriage. Any act that can incur or has purpose to destroy the ecosystem is always associated with mysticism such as plague, disaster and catastrophe. However, in this era, it is hardly found. The spiritual life changes fundamentally, particularly when people enter the digital era of life, known as the acceleration of technology. Through law of acceleration, local values transform or, it can be said, reach the phase convergent with the global change and market demand. It can be noticed from local law values shifting from “traditional spiritual” (magic) to “digital spiritual” (economic). For example, religious rites in law tradition shifted to ceremonial for a mere branding. Although performance in every aspect of life is the end, it is oriented to the economy. Magic-religious values are the characteristics of local law and are moving towards economic values to gain benefit. Acceleration (dromologi) encourages the convergency of local and global law and religious values with economic values. Through acceleration of technology and media culture, people enter the new life full of gimmicks and the shifting of awareness of local law which is magic religious to “gaming phase” known as simulacra. Pages 263 to 278

 

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Strengthening Tax Crime Regulation and Tax Crime Responsibility for Corporation in Indonesia

Jhon Eddya, Mella Ismelina Farma Rahayub, a,bTarumanagara University – Jakarta, Email: aJhoneddy38@yahoo.com,  bmellaismelina@yahoo.com

Through this paper, the authors will discuss the strengthening of tax crime regulation and tax crime responsibility for corporation in Indonesia. This topic starts from introducing the subject of tax crime, whether the tax sanction can only be imposed on each person/human or “natural resources” or the tax sanction can also be imposed on legal entity or “legal person”, as well as a discussion about the types of tax crimes which are regulated in Indonesian tax legislation. Subsequently, the authors will also discuss about the notion of tax, tax crime, the nature of tax crime sanctions, concepts and types of tax crime responsibilities theories. The discussion will cover how tax crime regulations are being practiced, the types of tax crime sanctions and which tax crime responsibilities theories are being applied in Indonesian tax legislation as well as how the application of the imposition of tax crime sanctions (for corporations) that have been in effect all this time. Finally, at the end of this paper, the authors will provide some suggestions on how to strengthen the tax crime regulations in tax legislation and amendments to the issue of tax crime responsibilities for corporations in Indonesia. Pages 279 to 293

 
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Arbitration as an alternative dispute resolution for land disputes based on Indonesian regulation

Deny Haspada, Faculty of Law, Universitas Langlangbuana,  Email: adenmuter@yahoo.com

Indonesia is a big country and stretches from Sabang to Merauke. Such a significantly large land area creates many disputes. Settlement of these disputes can be achieved in a variety of ways but chiefly through the courts or through alternative dispute resolution, such as arbitration. Arbitration is expected to quickly resolve land disputes, especially in light of a growing number of land disputes requiring resolution through arbitration. Pages 294 to 305

 
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Low-Skilled Migrant Workers in Upper North-eastern Thailand: A Study of Human Resource Underdevelopment

Phana Dullayaphuta*, Saratid Sakulkoob, a,bUdonthani Rajabhat University, Udonthani, Thailand, Email: a*phana_bizdoc@yahoo.com   

More than four million regular and irregular migrant workers live in Thailand and play an important role in Thai economic structures. The objective of this research project is to investigate migrant workers in the Upper North-eastern area of Thailand. A qualitative approach is used to describe and interpret the respondents’ perspectives. There were 23 (N=23) respondents for the purposes of this research. Notably, this study collected data from March to June 2014 and, during that time, Thai Army Chief Prayuth Chan-ocha had imposed Martial Law. Given this, many migrant workers had fled Thailand after rumours of a military crackdown on illegal labour had spread through the community. This impacted field work and data collection, especially the second round of interviewing. This study has implications for future research, especially in the areas of human resource development and career education development for migrant workers. Pages 306 to 324
 
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The Right to Self-Determination in Health Services and the Mandated Health Insurance Program for Universal Health Coverage

Endang Wahyati Yustina, Master of Health Law, Faculty of Law and Communication, Soegijapranata Catholic University, Semarang, Indonesia. Email: endang_wahyati@yahoo.com

The universal human right of healthy living was specifically included in the Universal Declaration of Human Rights. Various laws and regulations in Indonesia therefore guarantee of the right to health, including stipulations defined in Article 28 H paragraph (1) of the Constitution. This provision provided the basis for the regulation of the right to health as shown by Act No. 9 of 1999 on Human Rights and Act No. 36 of 2009 on Health. The right to self-determination was also listed as a basic human right that should be guaranteed in the implementation of these laws. The provision of health services as a basic social right was also established by the government through the National Health Insurance (JKN) program and the Health Insurance Organising Board (BPJS Kesehatan). The JKN program was targeted to cover all Indonesians in January 2019 by the Universal Health Coverage (UHC) program. All Indonesians, without exception, were required to be participants of the JKN program. Any individuals who refused to participate were to be administratively punished based on article 17 of the BPJS law, which stipulates that a non-participatory individual will be denied public service in the future. Currently, the JKN program has not been fully accepted by all communities or employers. The communities’ rights to determine their own health service choices caused friction with their obligation to participate in the JKN program. Both were derived from human right matters in that all individuals were entitled to a healthy life, but at the same time were obliged to participate in the mandated JKN healthy living program. Pages 325 to 337
 
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