ORIGINAL RESEARCH ARTICLE | Sept. 3, 2021
Reconstruction of the Interpretation of Detention by Law Enforcer Based on Pancasila Justice Value
Novriansyah, I Gusti Ayu KRH, Sri Endah Wahyuningsih
Page no 530-535 |
10.36348/sijlcj.2021.v04i09.001
The problem in this study is to find weaknesses of the interpretation of detention by law enforcer in the Indonesian criminal justice system and how to reconstruct it based on the value of Pancasila justice. The approach method used in this study is socio-legal research which relies on the data obtained in the field that are compared to relevant literature and existing laws. The conclusion of this study is that the construction of the interpretation of detention by Law Enforcer is currently not based on the value of justice based on Pancasila, namely detention on the one hand is an authority given by law based on the principle of legality to investigators, investigators on orders of investigators, public prosecutors and judges, but on the other hand, it deals with the deprivation of the liberty of the suspect and the accused. The weaknesses of the interpretation of detention by the apparatus are that the detention of suspects or defendants can weaken socio-economic development as it is not mutually exclusive, but overlapping each other, therefore, the Ideal Reconstruction of the Interpretation of Detention by Law Enforcement Officials in a Criminal Justice System Based on Justice Values Based on Pancasila is to add, with amend, add to, or improve the articles that contain rules or provisions regarding detention.
ORIGINAL RESEARCH ARTICLE | Sept. 17, 2021
Protection of Sexual Reproductive Healthcare Rights of Women in Relation to SDGs in Lampung Timur Regency
Afrintina, HS Tisnanta, FX Sumarja
Page no 536-544 |
10.36348/sijlcj.2021.v04i09.002
This research was conducted to identify and map existing policies related to efforts to protect and fulfill the Sexual and Reproductive Healthcare Right (SRHR) of women in relation with Goals 1 (No Poverty), Goals 3 (Healthy and Prosperous Life), Goals 4 ( Quality Education) and Goal 5 (Gender Equality) of the SDGs, through services that are the obligation of the Local Government of East Lampung Regency. By using legal, otherwise known as empirical-sociological research methods, it is found that the SRHR and SDG are two different entities but both have similarities in Human Rights (Human Rights), namely related to, Socio-Cultural and Economic Rights. As a form of public service in the context of Human Rights, the East Lampung Regency Government is obligated to fulfill by legalizing various regulations and providing types of services, poverty alleviation, healthcare, education, and gender equality, to overcome stunting, child marriage, maternal and infant mortality, and violence against women, in East Lampung Regent. In the context of human rights, local government obligations are subject to the progressive realization which is carried out using the Human Rights-Based Approach (HRBA). So that they contribute in the form of a policy brief for the Regional Government of East Lampung Regency in realizing the SDGS issue and Fulfillment of Women's SRHR. Local government obligations are subject to the progressive realization which is carried out using the Human Rights-Based Approach (HRBA). So that they contribute in the form of a policy brief for the Regional Government of East Lampung Regency in realizing the SDGS issue and Fulfillment of Women's SRHR. Local government obligations are subject to the progressive realization which is carried out using the Human Rights-Based Approach (HRBA). So that they contribute in the form of a policy brief for the Regional Government of East Lampung Regency in realizing the SDGS issue and Fulfillment of Women's SRHR.
ORIGINAL RESEARCH ARTICLE | Sept. 18, 2021
Reconstruction of the Synergic Implementation of Narcotics Case Handling of Bnn and Polri Based on Justice Value
Gunarto, Mursito, Sri Endah Wahyuningsih
Page no 545-550 |
10.36348/sijlcj.2021.v04i09.003
The purpose of this study is to analyze and find weaknesses in the regulation of the synergistic implementation of the duties of the National Narcotics Agency (BNN) and the National Police (POLRI) in Narcotics Cases and how to reconstruct the law on the synergistic implementation of the duties of the National Narcotics Agency and the National Police in Narcotics Cases based on the Value of Justice. The method used in this study is a normative-juridical approach that uses a constructivist paradigm. The results of the study indicate that the weaknesses of the Synergy Arrangement for the Implementation of the Duties of BNN and POLRI are that they have not been regulated in the realm of the Act or other statutory regulations. However, at least in article 70 c and article 84 the regulation of the authority of the BNN and POLRI has been regulated but in need of communication factors, proper recruitment of investigators, and rules that do not overlap, therefore Reconstruction is required in Law Number 35 of 2009 Article 70c; By adding the word "mutually" Coordinate with the Chief of the Indonesian National Police in prevention and eradication. "And synergize in every activity related to both". Then in Article 84; wherein conducting investigations into the abuse and illicit trafficking of Narcotics and Narcotics Precursors, the investigators of the Indonesian National Police shall notify in writing of the commencement of the investigation to the BNN investigators and vice versa, "And carry out work synergies by both". By adding the word synergy, it means that there are efforts that bind the occurrence of good cooperation in the form of an MOU between BNN and the Police.
ORIGINAL RESEARCH ARTICLE | Sept. 18, 2021
Legal Reconstruction of Police Discretion in Handling Minor Crimes Based on the Value of Justice
Joko Prasetyo, Eko Soponyono, Sri Endah Wahyuningsih
Page no 551-556 |
10.36348/sijlcj.2021.v04i09.004
The purpose of this study is to analyze and find The Weaknesses of the Police's Discretion in Handling Minor Crimes in Indonesia Currently and How Is the legal Reconstruction Of Police Discretion In Handling Minor Crimes Based On The Values Of Justice. The method used in this study is a normative-juridical approach that uses a constructivist paradigm. The results of the study shows that the Weaknesses in Implementing the synergist Regulations of police discretion in handling minor crimes in terms of legal substance is that the discretion can be used as an engineering tool of the police apparatus to obtain personal benefits from the cases it handles. Weaknesses from the aspect of the legal structure can lead to the practice of abuse of authority. The weakness of the legal culture aspect is that the creation of formal justice creates public distrust of law enforcement officers so that in this case the police must be careful in applying discretion. Based on this, it is necessary to reconstruct the law on the value of police discretion in handling minor crimes based on justice in Article 18 paragraphs 1 and 2 of Law Number 2 of 2002 so that in resolving conflicts that occur between perpetrators and victims can achieve justice.
ORIGINAL RESEARCH ARTICLE | Sept. 21, 2021
A Juridical Analysis of Port Authority Qualifications and Competencies in Issuing Sailing Approval Letters: A Study at Batam Port
Oka Harry Putranto, Laily Washliati, Idham
Page no 557-565 |
10.36348/sijlcj.2021.v04i09.005
The sailing approval letter is regulated explicitly in Law No. 17 of 2008. Even though there have been regulations governing sailing approval letters, sea transportation accidents are often encountered due to negligence in giving shipping permits. Indeed, the problem of safety, security, and overall shipping activities is the port's responsibility. Therefore, the problem with this research is regarding the legal arrangement for the qualification and competence of the harbormaster in issuing sailing approval letters for sailing safety: A Study at the Port of Batam. Then, regarding the implementation of the qualification and competence of the harbormaster when issuing sailing approval letters so that sailing safety is guaranteed. Then, the inhibiting factors or obstacles and solutions to overcome the issue of the qualification and competence of the harbormaster in issuing sailing approval letters for sailing safety. The purpose of this research is to explore the legislative framework for harbormaster qualification and competency in issuing sailing approval letters for sailing safety. Second, to explore the legal analysis of harbormasters' qualifications and competencies for issuing sailing approval letters for sailing safety. Third, to identify impediments or obstacles and strategies to resolve them, the harbor master's qualification and competence in issuing sailing approval letters for sailing safety. The descriptive technique combined with normative legal research is used to collect primary data through field research. The findings indicated that although the legal regulations for the qualification and competence of the port authorities in issuing sailing approval letters for sailing safety (A Study at Batam Port) have been implemented successfully in principle, numerous obstacles remain in the field, most notably human resource issues. As a result, it is essential to strengthen human resources via training and education.
REVIEW ARTICLE | Sept. 25, 2021
A Critical Appraisal of Contractual Liability for Defective Products within the Perspective of Electronic Commerce in Cameroon
Mulaku Desmond Sema
Page no 556-573 |
10.36348/sijlcj.2021.v04i09.006
Consumer protection in electronic commerce transactions is an essential component of any economic system. It is all about making sure that the consumers’ rights are protected by providing mechanisms for reparation of damages in case of infringement, be it in the provision of services or products. For example, consumers who fall victim of defective products or to identity theft can be harmed by having their privacy invaded, suffering the psychological stress of having their reputation ruined, incurring financial liabilities, and undergoing tremendous transaction costs to restore their names. In this vain, this paper aimed at making an appraisal of jurisprudential and legal instruments governing e-commerce transactions in Cameroon with particular emphasis on matters of online contracts for sales of goods and services. The paper also provide modest solutions for the hurdles facing Cameroonian consumers in establishing contractual liability both at the regional (through the Organization pour l’Harmonization en Afrique du Droit des Affaires (OHADA, the Organization for the Harmonization of Business Law in Africa OHBLA) and national level. The paper therefore, concludes with some salient recommendations to bridge the gap between theory and practice in electronic commerce transactions in Cameroon.
ORIGINAL RESEARCH ARTICLE | Sept. 25, 2021
Implementation of Right to Inheritance of Women in Bangladesh: A Study on Current Scenario
Ommay Habiba Moni, Md. Hasnath Kabir Fahim
Page no 574-581 |
10.36348/sijlcj.2021.v04i09.007
Bangladesh is a South Asian country where most of the Muslims follow the Hanafi school and the issue of inheritance is, however governed by the statutory Muslim law. The ultimate purpose of the Islamic law of inheritance is to provide and make material arrangements to share the estate of the deceased person among the living dependents, family members and relatives. Unfortunately, the Muslim women in Bangladesh, despite having the right to inheritance of property cannot actually enjoy them. However, such right to property of women is precisely mentioned in Surah An-Nisa of the Holy Qur’an. In the context of Bangladesh, the majority of women are marginalized from their property to be achieved through inheritance and this is only because of the rigorous implementation system, women’s lack of awareness and one of the most significant reasons for such deprivation is that they remain in the fear of losing relationships with family members. This research firstly discusses the right to inheritance of both male and female under the Hanafi law of inheritance and points out the present social practice in Bangladesh. This research further focuses on women’s rights regarding the inheritance of property and its implementation mechanism in other Asian countries. This paper then, appeals to discover various reasons behind the deprivation of Bangladeshi women and challenges in respect of their right to inheritance. Finally, this study suggests some recommendations to overcome this problem and to pave the way for enjoyment of the due right to inheritance of women by proper implementation.