REVIEW ARTICLE | April 13, 2021
Obstacles to Women’s Right against Domestic Violence in Nigeria
Ujah Marian Ofunu, Shaba Sampson
Page no 189-197 |
10.36348/sijlcj.2021.v04i04.001
This paper examines obstacles to the existing laws and legislation for the protection of the Rights of Women against Domestic Violence in Nigeria. Domestic violence covers various aspects of violence and harassment to which women are subjected to in Nigeria. Challenges and impediments to the enforcement and implementation of instruments that provides against domestic violence on women is the focus of this paper. It found that the lack of institutional bodies to monitor and regulate the enforcement of extant laws in this regard coupled with socio-cultural norms and traditional values together impede their implementation. In addition, factors such as culture, illiteracy, economic, legal and political, have been identified as fundamentally affecting the efficacy of laws bothering on the rights of women. The paper recommends that existing laws such as the Violence against Persons (Prohibition) and Other Related Matters Act, 2015 which is a federal legislation and other laws that are against traditional practices like domestic violence against women should be reviewed in line with international standards. In addition, there should be in place a body to monitor the implementation of these laws.
REVIEW ARTICLE | April 13, 2021
Dynamics of the Syrian Civil War and Its Impact on Vulnerable Civilians
Shaba Sampson
Page no 198-204 |
10.36348/sijlcj.2021.v04i04.002
Not a few governments of the countries in the Middle East have had their share of woes from pro-democracy movements, commonly known as the Arab Spring – a short hand for series of uprisings that has toppled long-held political regimes. While some of them were peaceful and civil in countries like Tunisia and Egypt, the story is not the same in the case of Syria, Yemen, Bahrain, Libya, et cetera. This paper assesses the decade long civil war in Syria and its effect on civilian victims especially the vulnerable groups amongst them. From civil protests and demonstrations; to political concessions by government (which were bluffed); and the eventual clamp down on protesters by the regime. As is common to such protests in other Arab nations, the violent military response by the Assad regime radically militarized the hitherto peaceful protesters with the sad consequence of a full blown civil war in 2011. As yet, there is no committed peace effort either at the international or regional levels. Foreign involvements in the Syrian war have fundamentally changed its dynamics. It has sharply perforated the loose bond that had existed and shred Syria along ethnic, religious and sectarian lines with each engaged in a war of attrition for survival using their different armed militias. At the receiving end are civilians whose life-support facilities are directly targeted and destroyed; are being sexually assaulted; abducted and killed and in dire humanitarian situation as a result of mass displacements.
ORIGINAL RESEARCH ARTICLE | April 15, 2021
Law Enforcement against Narcotics Crime through Rehabilitation in a Restorative Justice Perspective
Adrian, Andi Muhammad Sofyan, Abd. Asis, Wiwie Heryani
Page no 205-211 |
10.36348/sijlcj.2021.v04i04.003
Rehabilitation arrangements for narcotics abuse users in Indonesia have been regulated in Law Number 35 Year 2009 concerning Narcotics. The relevant law describes the function of rehabilitation, but does not specify the categories that are eligible to receive rehabilitation facilities. The elaboration regarding the requirements for receiving the rehabilitation facility is only spelled out in the Supreme Court Circular Letter Number 04 Year 2010. This in turn can lead to wrong actions against narcotics abusers. The implementation of medical and social rehabilitation for narcotics abusers in Indonesia has begun to be improved. This can be seen from the improvement in the quality standards of the rehabilitation facilities, as well as the efforts to strengthen rehabilitation institutions. Referring to the ideal concept of implementing rehabilitation for narcotics abuse users in the perspective of restorative justice, rehabilitation of narcotics abusers must be provided. In this case there are two rehabilitation processes that must be provided, namely medical rehabilitation and social rehabilitation. Medical rehabilitation to restore abusers from dependence, while social rehabilitation so that narcotics abusers can be accepted back into society.
ORIGINAL RESEARCH ARTICLE | April 15, 2021
Licensing Issues as a Barrier to Investment: Learning from Indonesia
Herniati
Page no 212-218 |
10.36348/sijlcj.2021.v04i04.004
This paper will analyze the licensing problem which is a constraining factor for investment in Indonesia. This type of research is a normative legal research, using a conceptual approach and statute approach. The data used are secondary data consisting of primary legal materials and secondary legal materials. The collected data were then analyzed qualitatively. The results showed that the reality today is that many investors have very low confidence in the investment climate in Indonesia, this is because there are still a number of obstacles that RI needs to tackle. Licensing improvements with the Online Single Submission system and the provision of various tax incentives such as tax holidays and tax allowances are not sufficient. The government, needs to re-simplify procedures when investing, such as land acquisition and other licensing issues. Apart from these two obstacles, there are also other hindering factors. For example, inconsistent government policies, no central and regional coordination, as well as wages and labor issues. A good investment climate will certainly have a big impact on the investors who come. The investment climate which is considered conducive will indirectly also affect the services for these investors. The Job Creation Law is an effort that is considered to be able to improve the investment climate in Indonesia after the pandemic that occurred.
ORIGINAL RESEARCH ARTICLE | April 21, 2021
The Laws on Tourism Promotion through Practice in Binh Duong Province
Nguyen Thu Cuc
Page no 219-226 |
10.36348/sijlcj.2021.v04i04.005
Tourism promotion activities have become an extremely effective tool to attract and persuade visitors to tourist destinations, which is a very essential factor in promoting tourism development. Therefore, tourism promotion is becoming a hot issue in tourism development in today's destinations. Because of the fact that in developed countries, tourism has been quite successful thanks to tourism promotion activities, contributing to the better development of the tourism industry. The promotion of tourism is considered as one of the key tasks of Vietnam's tourism in general and the tourism of provinces and cities in the country in particular. This study clearly shows the role and importance of tourism promotion law in promoting tourism development through the practice of Binh Duong province; from there, proposing solutions to improve this law.
ORIGINAL RESEARCH ARTICLE | April 22, 2021
Reconstruction of the Inheritance Rights of Illegitimate Children in Indonesia Based on the Values of Justice
Gunarto, Syarief Husien, Akhmad Khisni
Page no 227-232 |
10.36348/sijlcj.2021.v04i04.006
The research of this article is motivated by the formulation in the Marriage Law No. 1 of 1974 where there are several articles that regulate the inheritance rights of illegitimate child, namely article 42 and article 43 that are not just as there is no attainment of justice in the inheritance rights of illegitimate child so that the child has not received welfare in his life therefore it need to be reconstructed to achieve justice. This research is a non doctrinal/ socio legal research which is descriptive analysis. With the constructivism paradigm. This research approach method is empirical, supported with normative and comparative approach. Primary data sources are interviews, observations, while secondary data sources are primary, secondary and tertiary legal materials which are then collected and analyzed using data triangulation. The result shows that the inheritance rights of illegitimate child is not yet fair because there is no attainment of justice in the inheritance rights of illegitimate child so that the child has not received welfare in his life, therefore, a reconstruction Inheritance rights of children outside of marriage based on the value of justice is needed by adding another paragraph in Article 43, that states that the civil position in the law gave no distinction between children outside of marriage and within marriage or gave one side a prioritize over other.
ORIGINAL RESEARCH ARTICLE | April 27, 2021
Laws on Drug Trading Conditions are applied in Practice in Dong Nai Province
Luong Quynh Trang
Page no 233-240 |
10.36348/sijlcj.2021.v04i04.007
The study of the topic aims to clarify some theoretical issues about drugs and drug trading, the contents of current legal regulations on drug trading conditions, and practical application in Dong Nai province. On that basis, we can see the problems and shortcomings of the current law and propose a number of solutions to improve and improve the effectiveness of the application of the law on drug trading conditions in Vietnam in general and Dong Nai province in particular. To achieve that goal, this study focuses on the following contents: Analyzing the practice of drug trading in Dong Nai province, on that basis pointing out the limitations and shortcomings in the implementation of the law on drug trading lawsuits; analyzing the current legal status of drug trading conditions to point out inadequacies in the provisions of the law on the stated issue; provides a number of orientations, specific solutions, and recommendations to improve and improve the effectiveness of the application of the law on drug trading conditions.
REVIEW ARTICLE | April 27, 2021
World Customs Organization Regulations and its Applicability within the CEMAC Customs Union: What Future for the Union?
George Cherabe Nchomba
Page no 241-251 |
10.36348/sijlcj.2021.v04i04.008
The main role of any Customs Union is to facilitate trade through three main pillars: the simplification and harmonization of Customs procedures, the faster release of goods, and the reduction of trade costs through the elimination of tariffs and non-tariffs barrier to trade. However, this is not the case within the CEMAC Customs union as the importation, exportation and the transits of goods is hampered by tariffs and non-tariffs barriers, costly and time consuming border procedures, coupled with excessive physical and documentary control, regulatory requirements that leads to excessive delays at the inland and border offices. The present situation has not created an enabling business environment for trade facilitation within the CEMAC sub-region. The relevance of this article is to examine the extent to which the adoption of the relevant international standards of the International Convention on the harmonization and simplification of Customs procedures, otherwise known as the Kyoto Convention, by the CEMAC Customs Union can create an enabling business environment within the CEMAC sub-region. In order to attain the above objectives, we employed doctrinal and analytical research methodology. From our findings, we therefore, recommend among others that the effective implementation of World Custom Organization regulations within the CEMAC Custom Union will depend largely on the political will of decision makers and capacity building of customs administrators and personnel. This paper therefore, conclude with a number of recommendations which if effectively implemented and enforced, will go a long way to improve on the regulatory frameworks of the World Customs Organization within the CEMAC Custom Union.
REVIEW ARTICLE | April 29, 2021
Protecting Children’s Rights: Assessing the Impact of the Child Rights Act 2003 on Children in Nigeria
Obagboye, Tomi Grace
Page no 252-261 |
10.36348/sijlcj.2021.v04i04.009
Children in Nigeria experience abuse of their fundamental rights on a daily basis. The living condition of many children is deplorable. Despite the adoption of the CRA 2003 children in Nigeria suffer a lot of abuse of their rights. There is no significant improvement in the welfare and quality of lives of children in Nigeria. This work considers how realizable these rights are and if there is a conducive socio-economic environment to actualize these rights. This work examines the impact of the CRA 2003 on the rights and welfare of children in Nigeria and posits that lack of awareness of the rights of children, lack of political will by the government to implement the CRA, non-adoption of the CRA 2003 by some states, socio-economic problems like poverty, lack of basic amenities, bad governance, among others, are responsible for the poor implementation of the CRA 2003. Good governance, effective implementation of the CRA 2003, punishment of offenders, improvement of socio-economic conditions, eradication of poverty, and uniform adoption of the CRA by all states in Nigeria are some recommendations underscored by this research. This study employs the doctrinal research methodology.