CONFERENCE HANDOUTS

LAW, LEGALITY &LEGITIMACY IN

ASIA

THE 1 LAW CMU

INTERNATIONAL CONFERENCE

2019

CONFERENCE

HANDOUTS

November 1 ,2019

Faculty of Law, Chiang Mai University

THAILAND

ST

ST

The 1st Law CMU International Conference Law: Legality and Legitimacy in Asia

November 1st, 2019, Chiang Mai, THAILAND

A

TABLE OF CONTENTS

Table of Contents A

Conference Program B

Abstracts 1

Alternative Dispute Resolution 2

Business & Trade 5

Environment 12

Information Technology 18

Justice 23

Education 28



B

Program

The 1st Law CMU International Conference 2019

Law, Legality and Legitimacy in Asia

at Duangtawan Hotel, Chiang Mai, THAILAND

November 1st, 2019

09.00 – 09.30 Registration

Opening Ceremony at Chiang Dao Room 1-2

09.30 – 09.45 Welcome Remark

by Assistant Professor Dr. Pornchai Wisuttisak

Dean of Faculty of Law, Chiang Mai University

09.45 – 10.00 Opening Remark

by Clinical Professor Niwes Nantachit

President of Chiang Mai University / Representative of Chiang Mai University

Keynote Address at Chiang Dao Room 1-2

10.00 – 10.30 Law, Legality and Legitimacy in Asia: Pathway(s) to Human Rights?

by Mr. Vitit Muntarbhorn

Professor Emeritus, Faculty of Law, Chulalongkorn University

(former UN Special Rapporteur, UN Independent Expert and member of

UN Commissions of Inquiry on human rights.)

10.30 – 10.45 - Photo Session

- Break

Session 1

Panel Alternative Dispute Resolution at Chiang Dao Room 1-2

Moderator: Dr. Khanuengnit Khaosaeng

10.45 – 11.45 Negotiating in the Asian Century

Bee Chen Goh

Conceptualization and Management of New Regime of Alternative Dispute

Resolution in India

Sakshi Vijay

Akshit Rajpal

11.45 – 13.00 Lunch @ Tawan Restaurant (2nd floor)



C

Session 2

Panel

Business & Trade

at Chiang Dao Room 1-2

---

Moderator: Assist. Prof.

Dr.Pornchai Wisuttisak

Environment

at Chiang Dao Room 3

---

Moderator: Dr. Nawaporn

Saeneewong Na Ayudhaya

Information Technology

at Chiang Kham Room

----

Moderator: Assist. Prof.

Dr.Tossapon Tassanakunlapan

13.00

–

15.00

Competition Law: Is Price-

Fixing and Price-Setting

Algorithms Similarly per se

Anti-Competitive Infringement

in Malaysia?

Angayar Kanni Ramaiah

Illegal Logging in Russia: a

Case Study of a Community

Engagement

Alexandre Chitov

The Influences of the Criminal

Database Management System

(CRDBMS) on the Effectiveness

of Cambodian Courts of First

Instance’s Administration

Meymey Kea

A Map to Competition Law in

ASEAN

Andrea Gideon

Impact of Lower Sesan 2

(LS2) Hydropower Dam on

Cambodian Women’s Rights

in Kbal Romeas Chas and

Kbal Romeas Thmey Villages,

Stung Treng Province

Tuy Sophorn

Privacy under the Surveillance

State: Legitimacy and Limits of

Citizen Data

S. Mercy Deborah

Of Shrimps, Consumers, and

their Impact on the Relations

between Asia and the

European Union

Pallavi Kishore

The Challenge of Organic

Certification in ASEAN

Nuthamon Kongcharoen

The Need to Protect Freedom

of Expression Through a Human

Rights Based Internet

Governance in Indonesia

A.A.A Nanda Saraswati

Holding of the Indonesian

State-Owned Companies

(BUMN) pursuant to the

Government Regulation

Number 72/2016 and the

Indonesian Competition Law

Number 5/1999 in the World

Trade Organization (WTO)

Rules Based-System

Dian Parluhutan

Waters Transfer Laws and Its

Discrepancies, a Brief

Overview in Some ASEAN

Countries.

Rozlinda Mohamed Fadzil

Resilience Level of Digital

Literacy to Deal with Hoax as

National Security Threat

towards Political Year of 2019

in Indonesia

Fines Fatimah

Regulation of Algorithm-

Based Price Cartels in the

Taxi-Online Business in

Indonesia: Quo Vadis?

Udin Silalahi

Environmental Insurance

Yossi Niken Respati

15.00

-

15.15

Break



D

Session 3

Panel

Justice

at Chiang Dao Room 3

---

Moderator:

Dr. Kitpatchara Somanawat

Education

at Chiang Kham Room

---

Moderator:

Mr. Chainarong Luengvilai

15.15

-

17.15

Post Conflict Local

Reconciliation and Everyday

Peace in Cambodia: Unpacking

the Silence of Khmer Rouge

Genocide Victims

Soeung Bunly

A New Paradigm of Massive

Open Online Courses (MOOCs)

in Higher Education in Indonesia

: From Disruptive to Sustaining

Innovation

Diah Pawestri Manharani

Airin Liemanto

How the Absence of Specialized

Court and Adequate Trial

Procedural Implementation

Impacts the Rights of the Child

and the Outcome of the Court’s

Verdicts: A Study of Cambodia’s

District Court

Mang Sohan

The Development of Thai Laws

and Legal Education: Political

and Social Forces to Modernity

Nattapong Suwan-in

The Dynamic of Anti-Thaksin-

Regime Movements:

Constructing Legitimation

Through Sets of Language in

‘PDRC Movement’.

Itthiphon Kotamee

Women Rights: “Role of Women

Entrepreneurs in Promoting

Corporate Social Responsibility

(CSR) in Cambodia”

Hong Sochea

17.30

–

18.00

Closing Remarks at Chiang Dao Room 1-2

by Assistant Professor Dr.Usanee Aimsiranun

18.00

–

20.00

Evening Reception (TBA)



1

ABSTRACT



2

Bee Chen Goh Negotiating in the Asian Century

Sakshi Vijay

Akshit Rajpal

Conceptualization and Management of

New Regime of Alternative Dispute Resolution

in India

Panel Alternative Dispute Resolution

Room Chiang Dao Room 1-2

Moderator Dr. Khanuengnit Khaosaeng

Time 10.45 – 11.45



3

NEGOTIATING IN THE ASIAN CENTURY

Bee Chen Goh1

ABSTRACT

The Asian Century has well and truly arrived. This paper will seek to explore

negotiation in the Asian context, in particular, Chinese-style negotiation and highlight

Sino-Western divergent approaches to communication. The term ‘Chinese’ here is used in

the ethnological sense and is likely to apply to mainland and overseas Chinese professing

a deeply Confucian heritage. Chinese culture has traditionally emphasized upon

relationship-building as contrasted with Western inclination towards deal-making. Bearing

in mind that negotiation is a pivotal lawyering skill and communication behaviour varies

across different dimensions, this paper seeks to pinpoint the underlying cultural values

influenced by the collectivism-individualism dichotomy, amongst other factors. The role of

gift-giving will also be examined.

Negotiating in the Asian Century will alert us to cultural factors at play and make

us more aware in relation to fostering an enlightened negotiation culture in our globalised

world.

1 School of Law and Justice, Southern Cross University, Australia. E-mail: [email protected]



4

CONCEPTUALIZATION AND MANAGEMENT OF NEW REGIME OF

ALTERNATIVE DISPUTE RESOLUTION IN INDIA

Sakshi Vijay1, Akshit Rajpal 2

ABSTRACT

The paper aims to explore opportunities and discuss methods for India to tap the

potential of Alternative Resolution of Disputes (‘ADR’). It is proposed in the paper that all

efforts made towards ADR, be channelized into a system which will filter cases suitable

for resolution through ADR and ensure that only cases which cannot be resolved through

alternative means be adjudicated in Court. This will be achieved through the institution of

a multi door case management system where disputes will be profiled on the basis of

certain attributes that they exhibit and will be bound to be resolved via the most suitable

method of resolution. Example, a dispute for divorce be resolved via mediation whereas

decriminalization of Homosexuality be heard by the constitutional Courts.

The object of the system will be to reduce pendency in courts, match dispute to the

appropriate forum and ensure lower levels of dissatisfaction for disputants.

1 O.P.Jindal Global University, J P Legal, India. E-mail: [email protected]

2 O.P.Jindal Global University, India. E-mail: [email protected]

mailto:[email protected]



5

Angayar Kanni Ramaiah

Competition Law: Is Price- Fixing and Price-

Setting Algorithms Similarly per se Anti-

Competitive Infringement in Malaysia?

Andrea Gideon A Map to Competition Law in ASEAN

Pallavi Kishore Of Shrimps, Consumers, and their Impact on the

Relations between Asia and the European Union

Dian Parluhutan

Holding of the Indonesian State-Owned

Companies (BUMN) pursuant to the Government

Regulation Number 72/2016 and the Indonesian

Competition Law Number 5/1999 in the World

Trade Organization (WTO) Rules Based-System

Udin Silalahi

Regulation of Algorithm-Based Price Cartels in

the Taxi-Online Business in Indonesia:

Quo Vadis?

Panel Business & Trade

Room Chiang Dao Room 1-2

Moderator Assist. Prof. Dr.Pornchai Wisuttisak

Time 13.00 – 15.00



6

COMPETITION LAW: IS PRICE- FIXING AND PRICE-SETTING

ALGORITHMS SIMILARLY PER SE ANTI-COMPETITIVE

INFRINGEMENT IN MALAYSIA?

Angayar kanni Ramaiah1

ABSTRACT

Competition Law (CL), regulates ‘trust’ among corporations which mutually

controls commodity output and its prices. Per se infringement implies by itself illegal

without extrinsic proof of any surrounding circumstances such as lack of scienter

(knowledge) or other defenses. Does same legal tools apply in price-setting algorithms

dimensions. Algorithm uses artificial intelligence (AI) to collude prices and result in

different consumers being charged different amounts for the same good or service. The

Malaysian Competition Act 2010 (CA) prohibits agreement which has the object or effect

of significantly preventing, restricting or distorting competition which includes price fixing

agreement. Section 4(2) provides that price fixing is deemed as having the object of

significantly preventing, restricting or distorting competition in any market for goods or

services. Is price fixing per se prohibited in Malaysia or should a different concept be

applied? How to assess price setting algorithms in competition infringement cases? This

paper examines the scope of per se rule under Section 4(2) CA, Malaysia. Examine does

algorithms facilitate coordination in markets otherwise not prone to it and reduce the

negative welfare effects of algorithmic-facilitated coordination.

1 University Technology MARA, Malaysia. E-mail: [email protected]



7

A MAP TO COMPETITION LAW IN ASEAN

Andrea Gideon1

ABSTRACT

This paper aims to map ASEAN’s competition law landscape. There appear to be

commonalities between certain ASEAN Member States (AMS). Firstly, there are those

AMS which transplanted the EU model (Singapore, Malaysia, Brunei Darussalam, the

Philippines). Secondly, the former socialist states (Lao PDR, Vietnam) appear to have

adopted models displaying similarities. Thirdly, the early adopters (Indonesia, Thailand)

tend to have a more detailed approach, though there has been recent reform in Thailand.

Finally, Myanmar’s competition law seems to be standing somewhat on its own and

developments in Cambodia will have to be awaited. The paper aims to map the clusters

and engage with the question why they appeared. Partly, the answer may lie in similar

cultures, but there are also countries, which chose a similar model, despite less obvious

resemblances. Investigating the map of competition law in ASEAN will provide valuable

insight into this still relatively new area of law.

1 The Liverpool Law School, University of Liverpool, UK. E-mail: [email protected].



8

OF SHRIMPS, CONSUMERS, AND THEIR IMPACT ON

THE RELATIONS BETWEEN ASIA AND

THE EUROPEAN UNION

Pallavi Kishore1

ABSTRACT

This article examines the functioning of the European Union’s (EU’s) consumer

protection law in an incident in which the EU banned Asian shrimps in order to protect its

consumers This article also aims to answer the following questions

1. Are the EU’s actions in compliance with the law of the World Trade Organization

(WTO)?

2. What is the impact of these actions on international trade and on the EU’s

trading partners especially if they are developing countries?

The most important consequence of this incident is its restrictive impact on

international trade and/or the use of consumer protection as a tool for protectionism. In

this particular incident, it does appear as if the EU’s actions would have been held to

violate WTO law had the Asian developing countries brought a case against the EU. The

article will conclude by examining the impact of the EU’s actions on its relations with Asia.

1 Jindal Global Law School, O.P. Jindal Global University, India. E-mail: [email protected]



9

HOLDING OF THE INDONESIAN STATE-OWNED COMPANIES

(BUMN) PURSUANT TO THE GOVERNMENT REGULATION

NUMBER 72/2016 AND THE INDONESIAN

COMPETITION LAW NUMBER 5/1999 IN THE WORLD

TRADE ORGANIZATION (WTO) RULES BASED-SYSTEM

Dian Parluhutan1

ABSTRACT

The Government of Indonesia (GoI) recently enacted the Government Regulation

Number 72/2016 concerning Shares subscription and arrangement of state capitals in the

state- owned companies (BUMN) (hereinafter referred as “PP Holding BUMN”). The

Indonesian Ministry for BUMN proposes, that the Holding BUMN will cover six core economic

sectors: (1) Energy, (2) Mineral extraction, (3) Financial service, (4) Highway

infrastructure/construction, (5) Property (real estate), (6) Food. Whereas the Indonesian

State-Owned Entities (BUMN) receives state monopoly from the Law Number 19/2003, there

are feasibilities that the Holding of BUMN would cause anticompetitive practices. For

example, the BUMN Holding can infringe Article 17 of the Law Number 5 year of 1999

Concerning the Prohibition of Monopolistic Practices and Unfair Business Competition (the

Law Number 5/1999), that prohibit vertical integration. Nevertheless, Article 51 of the Law

Number 5/1999 merely give exemptions and does not regulated specifically concerning the

monopolistic and anticompetitive practices resulting from BUMN’s corporate actions. Equally

important, the monopolistic practices of State-Owned Entity (SOE) has been regulated under

Article XVII GATT 1994 of the World Trade Organization (WTO).

Accordingly, this research attempts to analyze research problems on the tensions

between Holding of BUMN under Government Regulation Number 72/2016 and Competition

Regulations pursuant to the Law Number 5/1999 and WTO Rules concerning the State-Owned

Entity (State Trading Enterprise-STE). This research employs juridical normative and library-

based methods, including comparative law method. Arguably, this research is of opinion that

1 Faculty of Law, Universitas Pelita Harapan, Indonesia. E-mail: [email protected]



10

the implementation of Holding of BUMN could profoundly violate the provisions of the Law

Number 5/1999, notably Article 14 on vertical integration, Article 19 on market controlling,

Article 16 on the anticompetitive agreement with parties abroad and Article 25 concerning the

abuse of dominant market position.

Keywords: Holding of State-Owned Company (BUMN), Government Regulation Number

72/2016, State Trading Enterprises Rules of WTO (World Trade Organization), Competition

Regulation of BUMN, Indonesian Competition Law Number 5/1999



11

REGULATION OF ALGORITHM-BASED PRICE CARTELS IN THE

TAXI-ONLINE BUSINESS IN INDONESIA: QUO VADIS?

Udin Silalahi1

ABSTRACT

Digital economy is developing rapidly worldwide. New digital opportunities create

new business opportunities like online taxi. The existence of online taxi in Indonesia is

unavoidable because the developing of digital economy. Online taxi business, like Grabcar

and Gocar is operated through digital platform, such androids application (smartphone

application). It makes customer easier to order and the rate of online taxi is cheaper than

conventional taxi rate. The competition between conventional taxi and online taxi is

unavoidable. From the demand (consumer) side, online taxi and conventional taxi are in

the same relevant market. They compete each other fiercely The market share and income

of conventional taxi are supposed to be decreased. The online taxi are supposed of doing

price cartel. The question is how to determine that online taxi is occuring price cartel. This

paper will attempt to analyze and provide feasible solutions concerning the regulation of

Algorithm-Based Price Cartels in the Online - Taxi Business in Indonesia.

Keywords: competition law, online taxi business in Indonesia, algorithm-based price

cartel.





12

Alexandre Chitov Illegal Logging in Russia: a Case Study of

a Community Engagement

Tuy Sophorn

Impact of Lower Sesan 2 (LS2) Hydropower Dam

on Cambodian Women’s Rights in Kbal Romeas

Chas and Kbal Romeas Thmey Villages,

Stung Treng Province

Nuthamon Kongcharoen The Challenge of Organic Certification in ASEAN

Rozlinda Mohamed Fadzil Waters Transfer Laws and Its Discrepancies,

a Brief Overview in Some ASEAN Countries.

Yossi Niken Respati Environmental Insurance

Panel Environment

Room Chiang Dao Room 3

Moderator Dr. Nawaporn Saeneewong Na Ayudhaya

Time 13.00 – 15.00



13

ILLEGAL LOGGING IN RUSSIA: A CASE STUDY OF

A COMMUNITY ENGAGEMENT

Alexandre Chitov1

ABSTRACT

The paper presents the results of a case-study conducted in a Eurasian

mountainous region of Karachay-Cherkessia together with the activists from the WWF

(World Wildlife Fund). The object of research is largely focused on environmental offences

in the region, particularly illegal logging. The research covers not only the practice of illegal

logging itself, but also its legal and social contexts which are similar to many Asian

countries. A special attention is paid to the attempt of local community to protect its

environment. The paper discusses the causes of the failure to prevent illegal logging, and

the lessons which can be drawn from this case-study. The reasons for the lack of efficient

law enforcement are attributed by the interviewed local activists and academics largely to

corruption among the officials.

Keywords: community engagement, environmental crime, illegal logging, Russia

1 Faculty of Law, Chiang Mai University, Thailand. E-mail: [email protected]



14

IMPACT OF LOWER SESAN 2 (LS2) HYDROPOWER DAM ON

CAMBODIAN WOMEN’S RIGHTS IN KBAL ROMEAS CHAS

AND KBAL ROMEAS THMEY VILLAGES,

STUNG TRENG PROVINCE

Tuy Sophorn1

ABSTRACT

The author focused on situation of women in two sites, one village accepted

resettlement and another one did not. The author raised three questions, including what

crucial rights of women in Kbal Romeas Chas and Kbal Romeas Thmey have being violated

by LS2 hydropower dam?, why those rights were violated?, and what are possible legal and

practical resolutions to protect and promote women in both sites? This paper analyzed on

rights of women that effected from LS2 hydropower dam and major relevant legal

frameworks and policies to protect and improve living conditions of women in both sites.

The significance of the project lies in, first, understanding current situation of women’s

living conditions in both sites second, understanding the role of Royal Government of

Cambodia to respect, protect and fulfill women in accessing adequate living conditions,

and third, improving women’s capacity in order to claim their rights.

1 Center for the Study of Humanitarian Law, Royal University of Law and Economics, Cambodia.

E-mail: [email protected]



15

THE CHALLENGE OF ORGANIC CERTIFICATION IN ASEAN

Nuthamon Kongcharoen1

ABSTRACT

In 2017, among 8 countries from ASEAN – Cambodia, Indonesia, Malaysia, Myanmar,

Philippines, Singapore, and Thailand – settled ASEAN Organic Federation to draw national

policies, trade, and certification on organic business. Back in 2012 and 2016, that ASEAN tried

to encourage food business trending to organic agriculture and manufacture. Only incentive

measure is not enough to change farming approach, but also the framework needs the

ascertain process to certify organic processing.

A significant challenge is legislation which is vague local organic certification

scheme. Acknowledgment of organic food and product is currently various as they come

from national and international. So far, the certification bases on free market system. The

consumers choose their trusted brand of certification. Each certification performed as

monitoring system.

On the other hand, there is negative impact of organic certification. Even though,

an assessment of organic farming is necessary to reinsure for the consumers for their food

safety and for the farmers health. But it is costly for small farmers, when it means more

burden for the farmers.

This paper will examine the assessment procedure among ASEAN countries on

organic certification on agricultural products through the regulations and the impacts of

the system to the farmers.

1 Faculty of Law, Chiang Mai University, Thailand. E-mail: [email protected]



16

WATERS TRANSFER LAWS AND ITS DISCREPANCIES,

A BRIEF OVERVIEW IN SOME ASEAN COUNTRIES.

Rozlinda Mohamed Fadzil1

ABSTRACT

Water ownership. Water transfer law as opposes to common law. A brief look of a

few asean coutries differences in water laws. Water transfer conflicting rule in some of

ASEAN’s laws as against water as a right. Clash between environmental & human rights.

Constrains of market pespective. Codification of water laws a right or privilege. Products

containing water, such as agricultural produce, subject to trade disciplines barriers. In the

case of bulk transfers of fresh water, private contractual remedies negotiated between the

parties or remedies available in public international law, rather than remedies provided by

in trade agreements disputes, eg, GATs and NAFTA remedies in public international law.

1 Faculty of Law, Universiti Kebangsaan Malaysia, Malaysia. E-mail: [email protected]



17

ENVIRONMENTAL INSURANCE

Yossi Niken Respati1

ABSTRACT

Industrial activities in Indonesia generally related to exploitation of natural resources, but

on the other hand, they are some industrial activities related to technology. These industrial

activities may have an impact on the environment such as pollution or environmental damage

Those impacts requires environmental recovery costs that are not cheap, mostly very expensive

(costly)

The cost of compensation and environmental recovery has the potential to cause

bankruptcy (insolvency) for businesses, also it will take a long time to find the funds needed to

pay compensation or the cost of recovery. The insolvency has an impact on environmental

conditions that have been contaminated or damaged. Thus, it is necessary for businesses to

have their own financing to cope with or to pay for environmental recovery costs due to

environmental pollution or damage.

Law Number 32 Year 2009 in Article 14 jo Article 42 jo Article 43 regulates economic

instruments, one of which is environmental insurance. Based on Government Regulation No. 46

Year 2017 Concerning Environmental Economic Instruments said that environmental insurance

is an insurance product that provides protection in the event of pollution and/or environmental

damage. Environmental insurance is one of the economic instruments that is classified as a

relatively new instrument in the environmental management system in Indonesia, although since

1996 it has been tried to developed, but has not been able to develop optimally.

Environmental insurance lies as a form of accountability for every business that has

environmental risks. This is what makes environmental insurance in principle the same as

insurance in general, namely the transfer of risk from a person or business entity to an insurance

service business. Environmental insurance is not a compensation. Therefore, this paper tries to

elaborate more regarding environmental insurance in Indonesia and its existence as an

instrument of environmental management




18

Meymey Kea

The Influences of the Criminal Database

Management System (CRDBMS) on

the Effectiveness of Cambodian Courts

of First Instance’s Administration

S. Mercy Deborah Privacy under the Surveillance State:

Legitimacy and Limits of Citizen Data

A.A.A Nanda Saraswati

The Need to Protect Freedom of Expression

Through a Human Rights Based

Internet Governance in Indonesia

Fines Fatimah

Resilience Level of Digital Literacy to Deal with

Hoax as National Security Threat towards

Political Year of 2019 in Indonesia

Panel Information Technology

Room Chiang Kham

Moderator Assist. Prof. Dr.Tossapon Tassanakunlapan

Time 13.00 – 15.00



19

THE INFLUENCES OF THE CRIMINAL DATABASE MANAGEMENT

SYSTEM (CRDBMS) ON THE EFFECTIVENESS OF CAMBODIAN

COURTS OF FIRST INSTANCE’S ADMINISTRATION

Meymey Kea1

ABSTRACT

Understanding that fair and efficient justice is pivotal for Cambodian to be fully

integrated with ASEAN Economic Community, the government has focused on legal and

judicial reform. An unnecessary delay in the judicial process was substantially caused by

weak case management. The Criminal Database Management System (CRDBMS) which

is supported by OHCHR was launched at 12 courts of first instance’s administration since

2015, and planned for national roll-out in 2019. The project consists of installing the system

at court administration, training officers, and compiling and managing data. Due to the lack

of related empirical study, this research aims to discover influences of the Criminal

Database Management System (CRDBMS) on the effectiveness of court administration by

doing the survey of 80 participants including judicial professionals, court users, and non-

judicial professionals to see the correlation of the CRDBMS with the access to information,

the waiting time, the adjudication rate and the public credibility.

1 Ministry of Justice, Cambodia. E-mail: [email protected]



20

PRIVACY UNDER THE SURVEILLANCE STATE:

LEGITIMACY AND LIMITS OF CITIZEN DATA

S. Mercy Deborah1

ABSTRACT

The past decade has witnessed a surge in the range of personal data collected by

States from their citizens world over. While the initial thrust for disclosure of information

by citizens began under the pretext of the need for better dissemination of socio-economic

benefits by the State; however, with efflux of time, these needs morphed into use of such

data for surveillance by the State beyond just national security. In recent times, personal

data of citizens held in State controlled repositories have often been used to create a

network of visible and invisible links such as tracking the spending habits of citizens to

monitoring where people travel and even regulating moral conduct of citizens through the

social credits system. This paper aims to undertake a comparative study of extent of use

of citizen data in select countries in Asia, and the range of State surveillance in various

aspects of public life of the citizen.

1 O.P.Jindal Global University, INDIA. E-mail: [email protected]




21

THE NEED TO PROTECT FREEDOM OF EXPRESSION THROUGH

A HUMAN RIGHTS BASED INTERNET GOVERNANCE

IN INDONESIA

A.A.A. Nanda Saraswati1

ABSTRACT

Today, the most significant threat to freedom of expression in the internet in

Indonesia comes from the Law No. 11 of 2008 on Electronic Information and Transactions

(ITE Law) which is the main instrument to regulate cyber activity. Instead of being a

momentum to restore the Law and build an internet governance system that implemetnts

human rights principles, the 2016 amendment still creates problems that violates freedom

of expression. This research will analyze (1) The urgency of protecting freedom of

expression through an internet governance system; and (2) How the human rights based

internet governance can be adopted by Indonesia in order to protect freedom of expression

online? The results argue that Indonesia should use human rights standards in compiling

policy in response to various issues associated with internet governance rigidly.

Coordination among multiple stakeholders to interprete the meaning of freedom and

human rights becomes crucial.

1 Faculty of Law Brawijaya University, Indonesia. E-mail: [email protected]




22

RESILIENCE LEVEL OF DIGITAL LITERACY TO DEAL WITH HOAX

AS NATIONAL SECURITY THREAT TOWARDS POLITICAL

YEAR OF 2019 IN INDONESIA

Fines Fatimah1

ABSTRACT

These days, people are inundated with millions of news in cyber world. Media with

fake news that disrupts public opinion is considered as non-military threat potential to

break the unity of Indonesia. The year of 2019 is political year since this is the year when

presidential election takes place. As a result, the resilience level to filter news and to ward

off fake news that could possibly ruin the state identity is required, all of which serve as

the basis of the following research problems: (1) How is the index of resilience level of

digital literacy of the people to respond to hoax as national security threat in political year

of 2019? And (2) What legal policy has been taken or being taken by the government to

ward off impacts caused by hoax dissemination in Indonesia? This research involves socio-

juridical method along with the mix method to present solution to the problems.

Keywords: resilience, national security, legal policy, social media, index

1 Faculty of Law, Brawijaya University, Indonesia. E-mail: [email protected]



23

Soeung Bunly

Post Conflict Local Reconciliation and Everyday

Peace in Cambodia: Unpacking the Silence of

Khmer Rouge Genocide Victims

Mang Sohan

How the Absence of Specialized Court and

Adequate Trial Procedural Implementation

Impacts the Rights of the Child and the Outcome

of the Court’s Verdicts: A Study of

Cambodia’s District Court

Itthiphon Kotamee

The Dynamic of Anti-Thaksin-Regime

Movements: Constructing Legitimation Through

Sets of Language in ‘PDRC Movement’.

Panel Justice

Room Chiang Dao Room 3

Moderator Dr. Kitpatchara Somanawat

Time 15.15 – 17.15



24

POST CONFLICT LOCAL RECONCILIATION AND EVERYDAY

PEACE IN CAMBODIA: UNPACKING THE SILENCE OF

KHMER ROUGE GENOCIDE VICTIMS

Soeung Bunly1

ABSTRACT

Like Rwanda and Srebrenica, Cambodia experienced genocidal regime committed

by Khmer Rouge that killed around two million people in1975-1979. Despite the genocide

occurred three decades ago, Cambodia remains in the process of rebuilding its stage and

seeking the transitional justice which led to the creation of the Khmer Rouge Tribunal

(ECCC) to bring the top former Khmer Rouge officials to justice. However, ECCC itself was

marred with corruption and its neutrality while the government apparently failed to

continue its cooperation with the former on the case 003 and case 004. It even violated

human rights blatantly.

The research is aimed at examining the local aspect of how grassroots Cambodians

both victims and the former Khmer Rouge cadres cope with their traumatizing, haunting

past experience in their daily life while both national and local reconciliation by the

government and NGOs are close to absence.

1 Svay Rieng University, Cambodia. E-mail: [email protected]



25

HOW THE ABSENCE OF SPECIALIZED COURT AND ADEQUATE

TRIAL PROCEDURAL IMPLEMENTATION IMPACTS THE RIGHTS

OF THE CHILD AND THE OUTCOME OF THE COURT’S VERDICTS:

A STUDY OF CAMBODIA’S DISTRICT COURT

Mang Sohan1

ABSTRACT

The paper is entitled as “How the Absence of Specialized Court and

Adequate Trial Procedural Implementation Impacts the Rights of the Child and the

Outcome of the Court’s Verdicts: A Study of Cambodia’s District Court.” In this paper, the

author argues that although the Law on Juvenile Justice (LJJ) introduces a significant

separated trial proceeding on juvenile offender and proposes a specialized chamber; in

reality, specialized court and judges in juvenile cases have yet existed. Moreover,

the paper will analyze how the implementation of trial proceeding on juvenile offender

at a district court conforms to the international and national legal standard including the

article 40 of the UNCRC and the current Law on Juvenile Justice of Cambodia. Last but not

least, the author will examine how the absence of specialized court and

an adequate procedural implementation impacts the fundamental principles and rights of

the child and the outcome of the court’s verdicts.

The author reviews the key international legal instruments on the rights of the child

such as the United Nations Convention on the Rights of the Child (UNCRC), the Beijing

Rules, General Comments No. 10, and other related instruments to illustrate the

international legal standard of the rights of the child in conflict with the law. Also, the

author reviews Cambodian legal instruments such the Constitution, the Criminal Code, the

Code of Criminal Procedure, the current emerge of the Law on Juvenile Justice and other

related legal instruments and data from field work at a district court so that to make an

analytical reflection on how the practices of trial procedure on juvenile offenders looks

like, whether or not the juvenile specialized chamber in the LJJ is specialized court, and

1 The Siem Reap Court of the First Instance & Prey Veng Court of the First Instance, Cambodia.

E-mail: [email protected]



26

how the absence of specialized court and adequate trial procedural implementation impact

the fundamental rights of the child and the outcome of the court’s verdicts.

Keywords: Juvenile Justice and Delinquency, Juvenile Court and Trial, Fundamental Rights, Fair

Trial Rights.



27

THE DYNAMIC OF ANTI-THAKSIN-REGIME MOVEMENTS:

CONSTRUCTING LEGITIMATION THROUGH SETS OF

LANGUAGE IN ‘PDRC MOVEMENT’

Itthiphon Kotamee1

ABSTRACT

Over a decade, Thailand (2006-2014) is in the midst of political conflict divided into

the "yellow shirts" and "red shirts" mass movements. This can be seen as the struggle

between oppositional political aspirations. Furthermore, the conflict is deepened and, as

this paper argues, it has become a struggle over political legitimation. In the past decade,

there has been a growing number of studies which try to explain Thailand’s political-social

movements. For example, some attempt to understand the movements through ideas of

"Deep Sate,” some focus on the charismatic power. This paper explores the dynamic of

the movements against “Thaksin Regime” among antagonizing political mass movements

in Thailand during 2006-2014. It aims to examine both the process of meaning-making and

the impacts of sets of language on the movement’s legitimacy. This paper analyses sets

of the languages of People's Democratic Reform Committee" movement (PDRC). The

findings show that the anti-Thaksin movements changed their references to legitimation

dynamically. Seeking to establish a new source of legitimacy, their political languages are

different from the PAD’s which heavily resorted to the charismatic power.

1 Thai Lawyers for Human Right center, Thailand. E-mail: [email protected]



28

Diah Pawestri Manharani

Airin Liemanto

A New Paradigm of Massive Open Online

Courses (MOOCs) in Higher Education in

Indonesia : From Disruptive to

Sustaining Innovation

Nattapong Suwan-in

The Development of Thai Laws and Legal

Education: Political and Social Forces

to Modernity

Hong Sochea

Women Rights: “Role of Women Entrepreneurs in

Promoting Corporate Social

Responsibility (CSR) in Cambodia”

Panel Education

Room Chiang Kham

Moderator Mr. Chainarong Luengvilai

Time 15.15 – 17.15



29

A NEW PARADIGM OF MASSIVE OPEN ONLINE COURSES

(MOOCs) IN HIGHER EDUCATION IN INDONESIA: FROM

DISRUPTIVE TO SUSTAINING INNOVATION

Diah Pawestri Manharani1 Airin Liemanto2

ABSTRACT

Massive Online Open Courses (MOOCs) is one of the disruptive innovation

phenomena that is capable for destroying conventional education methods that already

existed. The aim of this research is to formulate an anticipatory policy towards the

phenomenon of disruptive innovation so that it becomes sustaining innovation. The results

of this study indicate that with the various constraints in the education system in

Indonesia, MOOCs have become an alternative in improving the quality and equity of

education. The education paradigm in Indonesia is currently undergoing a transition

process. The old education paradigm which focuses on the role of lecturers conducted in

the classroom has slowly shifted into a learning process that no longer describes face-to-

face meetings in the classroom. The Indonesian government has issued several laws and

regulations in regulating the Indonesian Online Learning System. However, this policy still

needs a lot of improvements to change MOOCS from disruptive innovation to sustaining

innovation.

Keywords: paradigm, Massive Online Open Courses, disruptive innovation, sustaining

innovation, higher education






30

THE DEVELOPMENT OF THAI LAWS AND LEGAL EDUCATION:

POLITICAL AND SOCIAL FORCES TO MODERNITY

Nattapong Suwan-in1

ABSTRACT

Again and again, Thailand has gone through stages of dilemmas. Its milestones

have told us unpleasant historical stories of conflicts that are influenced by political and

social forces. Having Thailand as the case study to analyze influences of external and

internal changes in politics and social force, Thailand has to be flexible in adjusting its

national policies and laws to serve circumstances at a time. Its laws have been developed

in accordance with its administration, political system, and revolution in economy, so as

its legal education that has been upgraded in correspondence with rapid changes of global

dynamics.

From the monarchy to the similar style of Western democracy, Thai laws nowadays

share the same or at least similar structure of legal system with those of foreigners. To be

legal practitioners, Thai students have to pass jurisprudential study in universities and

professional trainings. There is recent advancement in universities’ curriculums along with

proliferation in bilateral and regional trade agreement that will likely bring harmonization

in international legal standard and legal education to a certain level.

However, subject to the Program Standard Criteria imposed by the Office of Higher

Education Commission in 2015 and the great recession on fertility in Asia, law schools in

Thailand are now living in difficulty in managing their programs, especially to recruit an

adequate number of qualified lecturers who have practical skills, to meet the requirements

and the new change. It is therefore interesting to see how Thai universities will survive in

the midst of these challenging forces.

1 School of Law, Assumption University of Thailand, Thailand. E-mail: [email protected].



31

WOMEN RIGHTS: “ROLE OF WOMEN ENTREPRENEURS

IN PROMOTING CORPORATE SOCIAL RESPONSIBILITY (CSR)

IN CAMBODIA”

Hong Sochea1

ABSTRACT

Historically, Cambodian women are following tradition and norm in society as a

whole which makes it difficult for women to be confident in starting up a business. To

empower women in Cambodia to become entrepreneurs will require actions

from relevant stakeholders. Women likely show more responsibility in term of

contribution to social activities. Consequently, women are lacking capacity in business

knowledge, receiving relevance trainings and accessing capital investments to sustain

their business growth.

This paper will look at what extent women are able to enjoy their rights in operated

business and using a leadership role to promote corporate social responsibility in

Cambodia. Based on desk reviews relevant documents, reports, articles, books, journals,

law and regulations are available. The paper will examine human rights and CSR

principle and look at the Royal Government of Cambodia mechanisms in order to provide

inclusive impact for the role of women Entrepreneurs in fostering Cambodia CSR.

1 Pannasastra University of Cambodia, Cambodia. E-mail: [email protected]


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