Prostitution is considered a social stigma from ancient times. The legal institutions and frameworks of different nations are not aloof from its influence. This paper aims to study the different aspects associated with decriminalization of prostitution. The paper begins the arguments which contractarians in support of decriminalization and legalization of sex commerce give against the feminists’ theorists. The author analyzes the propositions laid down by Lars Ericsson. Then a comparative study is incorporated where different alternatives to its decriminalization is presented. It includes the European practice of licensing and its criticism, English and West Germany solution of regulating time, place, method and its limitations, and the concept of prevalence of laissez faire sex commerce and its harsh effects on the social balance. An analysis of decreasing rape rate based on the study of Cunningham and Shah is also presented. At the end, the possible consequences of legalizing prostitution have been described.
ORIGINAL RESEARCH ARTICLE | June 6, 2021
Human Rights Law Regulations against Stunting Patients in Indonesia
Andi Mudirah Ulya, Iin Karita Sakharina, Muh Hasrul
Page no 326-333 |
10.36348/sijlcj.2021.v04i06.002
This paper will analyze the regulation of human rights law on stunting patients 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 Human Rights has developed quite rapidly, namely on December 10, 1948, the issuance of the Universal Declaration of Human Rights. On November 20, 1959, with the issuance of the Declaration on the Rights of the Child, it was stated that children had to be guaranteed healthy growth and development and to achieve this goal there had to be special care and protection for the child and the mother. Children have the right to adequate nutrition, housing, recreation and health services. Article 28H of the 1945 Constitution of the Republic of Indonesia, the second amendment states that every person has the right to live in physical and mental well-being and to receive health services, health as an element of human welfare and a basic need in maintaining his life, therefore, everyone has the same right to achieve an optimal degree of health, and to be responsible for his health, the health that is meant is a state of body, soul, and social conditions that enable everyone to live productively socially and economically, where the legal arrangement is based on the Law of the Republic of Indonesia Number 36 Year 2009 concerning Health, Presidential Regulation of the Republic of Indonesia Number 42 Year 2013 concerning the National Movement for the Acceleration of Improvement of Nutrition, Regulation of the Minister of Health of the Republic of Indonesia No. 14 Year 2019, Regulation of the Governor of South Sulawesi Number 152 Year 2017 concerning the Regional Action Plan for Food and Nutrition of South Sulawesi Province for 2017-2019.
ORIGINAL RESEARCH ARTICLE | June 6, 2021
The Election of Regional Heads in the Perspective of Fala Raha Local Wisdom Values
Nam Rumkel, Hendra Karianga
Page no 334-341 |
10.36348/sijlcj.2021.v04i06.003
This paper will analyze the election of regional heads in the perspective of fala raha local wisdom values. 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 Democracy as one of the prerequisites in the Indonesian political system, which can be implemented in the implementation of direct regional head elections in Indonesia since reform can make an important contribution to the life of the nation and state because based on the applicable national regulatory agreement, the process of recruiting regional leaders is one of them through regional elections. This process does not only apply to other regions in Indonesia but North Maluku, but in practice the national rice regulation with state law has not created the regional elections that we all hope for, namely honest, and fair. In the development of various values contained in customary law, in this case North Maluku as Moloku Kie Raha, which is conceptually rich in various local wisdom values which in philosophy can be used as a source or reference in various life activities, especially in North Maluku One of the concepts that can be offered in this research approach is the concept of Fala Raha (Four Houses), interpreting Fala Raha as a concept in democracy in regional head elections, especially in West Halmehara Regency and Ternate City is not new, but it has been practiced by previous traditional figures because these concepts have philosophical values that are contained in them, not only as symbols. Fala Raha, the cultural philosophy which is the basis for the understanding of the people in Moloku Kie Raha which is applied to the government structures of both the Jailolo Sultanate, the Bacan Sultanate, the Tidore Sultanate and the Ternate Sultanate, is still preserved until now. Fala Raha is not just a structure of division or forming a kolano concept, but reflects a good understanding of both being political as it is written in the mythological stories of North Maluku.
ORIGINAL RESEARCH ARTICLE | June 9, 2021
Reconstruction of Fine in Taxation Criminal Sanctions Based on Justice Value
Priyanto, Gunarto, Anis Mashdurohatun
Page no 342-347 |
10.36348/sijlcj.2021.v04i06.004
The purpose of this research is to identify and analyze weaknesses in the application of criminal penalties in current tax crimes and to reconstruct criminal penalties in the field of value-based taxation. justice using the constructivism paradigm in empirical legal research using the Sociological juridical approach. The Source of research data consisted of primary data sources and secondary data sources, the research analysis used qualitative descriptive analysis.The research shows that the weaknesses of the application of fines in tax criminal cases as stipulated in Law Number 6 of 1983 is that the obligation to pay a fine is automatically annulled if the convict is serving a sentence of imprisonment, however, in a criminal case in the field of taxation, the amount of the penalty decided by the Court is still considered as "Tax Payable". this is not fair because it has not regulated subsidies in lieu of fines so that the Court's decision on fines cannot be implemented because the convict does not want to pay. The reconstruction of the law, according to the author, is basically not a form of revenge against perpetrators who are not cooperative and in order to pay their taxes, but as a means of increasing public awareness and obedience as taxpayers, so that in the end it is able to increase state revenue in the taxation sector. Therefore, The Law on General Provisions and Tax Procedures need to be reconstructed by adding new norms listed in Article 41 D.
REVIEW ARTICLE | June 11, 2021
Proliferation of Alternative Medicines Practice in Ghana: Justification for Expedited Passage of the Traditional and Alternative Medicine Bill, 2018 towards improvement in the regulation of the Practice
Raphael Nyarkotey Obu
Page no 348-369 |
10.36348/sijlcj.2021.v04i06.005
The practice of traditional and alternative medicine in Ghana cannot be underestimated as many people have embraced the services of practitioners partly due to the minimum side effects involved. Practitioners of alternative medicines have also helped in educating the public on preventative issues and ultimately curative as well. However, a section of the public has raised concerns concerning activities of some practitioners, level of medical training, titles they use, the quality of schools run by some practitioners and the kinds of certificates they issue to trainees. As a practitioner, a staunch advocate of naturopathic medicine and a law student, I am now particular about policies and the legal framework for this industry to help streamline the sector to save the many vulnerable patients and ultimately complement conventional healthcare. This is because no industry is supreme. I believe this would also help to do away with the quack or unqualified practitioners in the system. This paper seeks to address these issues. The author will, as a Student of Law, seek to research into these areas by discussing relevant judicial decisions in other Common Law jurisdictions. This is because, to the best of my knowledge, no case relating to alternative medicine has been adjudicated in our courts in Ghana.
REVIEW ARTICLE | June 11, 2021
Ghana Healthcare System and Practising Medicine Without Authority: Is Cross System Medical Practice Acceptable?
Prof. Raphael Nyarkotey Obu
Page no 370-378 |
10.36348/sijlcj.2021.v04i06.006
Interestingly, while some hospitals and clinics are now putting out banners for integrative medicine and offering herbal medicines, naturopathy, acupuncture, massage, nutrition, and other treatments, they are doing so without being taught about them in medical schools as part of an integrative model for medicine. In the book, Criminal Law in Ghana by P. K Twumasi, P. 585, he tackles practising medicine without authority: It reads: “A person commits an offence and is liable to a fine not exceeding C1,000 or to imprisonment for a term not exceeding twelve months or both if he willfully and falsely takes or uses any name, title, addition or description evidently implying a qualification to practice medicine or dentistry, or without being registered under N.R.C.D. 91: (a) practises or professes to practise or publishes his name as practising medicine or dentistry or b) receives any payment for practising medicine or dentistry. This offence is created under section 48(1) of the Medical and Dental Decree (N.R.C.D. 91), and is a wholesale reproduction of section 20 of the Medical Practitioners and Dentists Ordinance, Cap. 69 of the Gold Coast. Mens rea is an essential element of the offence and therefore where a person accused honestly believed that he was entitled to use or assume any name or title, etc., he does not commit an offence under the decree: Commissioner of Police v. Wonkyi [13] 2 W.A.L.R. 196[16]”. In view of this, where integrative medicine is also being promoted, there is the need to assess the legal implications. The question for discussion and research is whether cross-system medical practice is permitted by law in Ghana?
REVIEW ARTICLE | June 11, 2021
Researching Into Medical Law and the Surge in Medical Negligence in Ghana: Proposition for a Specialized Healthcare Court to Deal with Such Cases
Prof. Raphael Nyarkotey Obu
Page no 379-388 |
10.36348/sijlcj.2021.v04i06.007
Medical law and health law are the subject matter of this study. Medical negligence is a branch of medical law and covers all medical activity on the view of carelessness and rashness. In Frimpong V Nyarko [1998-99] SC GLR 734, where the Supreme Court was confronted with a problem whereby applying the law would have severe consequences on the party, Wiredu JSC(as he then was) said at page 742: “ The justice to be dispensed is justice within the law and not one of sympathy. Judicial sympathy, however plausible can never be elevated to become a principle of law. The appellants are out of court, and their case would deservedly be put out of court in accordance with law”. Again taking a cue, in my respectful opinion, no matter how strong the sympathies I may feel for the Plaintiffs that cannot override the principles of law that I have applied. Is the principle of law as applied in medical negligence against patients? Maybe, Prof. Justice Date-Bah has the answer, “Medicine and the Law is a battle area and we need to bring the rule of law into that area. In Ghana, it is said that health professionals never testify against themselves and therefore there is a real hurdle to litigation of medical malpractice cases. It is important that health professionals should put the public interest first. On the other hand, we do not want to go the other way such as in America where doctors may fear to touch patients for fear of malpractice. There has to be a middle way somewhere”. In recent times, there has been a surge in allegations of medical negligence cases against medical professionals in Ghana in the media. This has become worrisome, resulting in some media houses waging a war on medical negligence. This paper therefore aims to conduct extensive review on medical negligence and the legal principles applied. It also aims to create awareness on medical negligence, provides futuristic policies in medical law direction in Ghana. The author recommends a specialized healthcare court and legislative instrument for a clear legal pathway for patients to curb the cases of alleged medical negligence.
REVIEW ARTICLE | June 11, 2021
To What Extent Does the Law Provide Sufficient Protection for Those Who Enter Into a Contract with a Person Who, Through Age, Mental Illness, Or Intoxication, May Be Said to Lack The Capacity to Make a Binding Agreement?
Raphael Nyarkotey Obu
Page no 389-397 |
10.36348/sijlcj.2021.v04i06.008
This paper was motivated as a student of the Business Law and ethics module as part of the generic Master of Business Administration (MBA) program. The paper therefore discusses the legal question “To What Extent Does the Law Provide Sufficient Protection for Those Who Enter into A Contract with A Person Who, Through Age, Mental Illness, Or Intoxication, May Be Said to Lack the Capacity to Make a Binding Agreement”? Indeed, every Contract is an agreement, but it is Not Every Agreement That Qualifies to Be Called a Contract.
ORIGINAL RESEARCH ARTICLE | June 15, 2021
Inefficiency of the Code of Ethics for Judges in Indonesia
Manotar Tampubolon, Sanjay Cluivert, Sophie Hasianna, Onimory Luturkey, Matheus Siagian, Thania Theresia Pangaribuan, Rizky Jayanti Christina, Lawrence Averino Magistrate Torang, Aldino Rizki Pratama, Batara Budiono
Page no 411-416 |
10.36348/sijlcj.2021.v04i06.010
This qualitative article aims to examine the enforcement of the code of ethics and code of conduct for judges in Indonesia by the Judicial Commission as an external supervisor with the Supreme Court as the internal supervisor. The sub-optimal relationship between the two institutions is clear from the high number of reports of violations of the Code of Ethics and the Code of Conduct of Judges and the low rate of implementation of the recommendations of the Judicial Commission in the supervision of judges at the Supreme Court. There is an overlap between internal supervision at the Supreme Court, and the Supreme Court does not consider the Judicial Commission violations. According to the Judicial Commission, violations of the Code of Ethics and Judicial Code of Conduct are violations. As a result, public reports about violations of the judge's code of ethics and the recommendations of the Judicial Commission were ineffective, and breaches of the judges' code of ethics continued. The cause is the Judicial Commission's inefficiency and the tendency of protecting the corps of judges by the Supreme Court. To redress this, it is necessary to assign a single task and authority to the Judicial Commission and amend the Judicial Commission Law to create judges with integrity and dignity.
ORIGINAL RESEARCH ARTICLE | June 15, 2021
Law Enforecement and Judiciary during COVID-19 Pandemic: A Study on Smart Cities of Eastern India
Upasana Mohanty, Anushka Sahu, Prof. Dr. Arpita Mitra
Page no 417-423 |
10.36348/sijlcj.2021.v04i06.011
The precedent year that was engulfed by the COVID-19 pandemic and the resultant lockdown and shutdown, has had a huge catastrophic effect on economics, governments, and civil societies. No city is spared, thus, putting hefty pressure on local authorities and policymakers to respond swiftly and proficiently. The conceptualization of "Smart Cities" that varies from country to country, city to city, depending on the level of development have mitigated the challenge of the COVID-19 pandemic is a matter to be evaluated. Therefore, the current study aimed to explore the approaches and the course of action undertaken by the law enforcement officials and the judiciary in the smart cities of Eastern India to cushion against the adverse effects of the pandemic from the citizens' perspective. The study was conducted in December 2020 via a comprehensive questionnaire that was sent to the respondents living in the smart cities of Eastern India through the electronic platform for their response. The collected data were analyzed using the conventional analysis approach. According to the results, though the respondent's respective cities have had taken adequate measures to address the issues related to the pandemic, but still there exist many loopholes which should have been addressed. Given that the COVID-19 pandemic has a long-lasting effect on the structure and order for the smooth functioning of the cities, how the "Smart Cities" have shown their mettle as far as fighting of COVID-19 is concerned, thus, standing up to the tag that has been given to them is the main area of study in this paper.
REVIEW ARTICLE | June 21, 2021
Bomb Thrown Incident in an Agricultural Land. Perplexed Act of the Perpetrators: A Real Crime Scene Report
Prof. T. Nataraja Moorthy, A. Manivannan, M. Muhammad Naeim
Page no 424-427 |
10.36348/sijlcj.2021.v04i06.012
Currently, forensic crime scene investigators face challenges because of the diplomatic acts of the offenders. The actors are very cautious in leaving their evidence during crime operations and depositing their statements during interrogations. Researchers have shown that the investigators need to have the basic knowledge in science, engineering, and medicine fitted for legal or public argumentation. The major impediment to an investigation is the loss or removal of a piece/pieces of evidence from the crime scene. The reason is that human traffic at a crime scene is likely for items to move, misplace, or steal. Only a knowledgeable investigator can handle such critical situations efficiently and conclude the presentation in the legal system. The present case report is an example of such scenario wherein four persons were admitted to a government hospital with explosion injuries, investigated in Tamilnadu, India. They had alleged that when they were walking in an agricultural agricultural land, four persons (as named by the injured) had thrown bombs on them hidden behind a haystack. A case was registered u/s attempted murder and explosives act, and the named four persons from the village were brought to the police station for further investigation. Immediately many villagers have assembled near the police station and demanded the release of these four persons from the police custody since they were innocents and not at all committed the offense. The District Superintendent of Police directed the forensic crime scene investigator (CSI), the corresponding author (hereafter as TN), to assist the police investigation. Accordingly, the CSI immediately rushed first to the hospital with the Superintendent of Police and observed the injured and inquired them and the medical doctor who treated them and recorded their statements. TN then visited the alleged bomb blasting area and no possibility of explosion observed in the said site and finally opined that the allegation of bomb thrown on the wounded was false. The author uncovered the perplexed act of wounded forensically and the police arrested the wounded for crime act concealment and treated under police custody. Later the wounded were prosecuted and finally sentenced by the Honourable Judge, accepted the forensic findings.
ORIGINAL RESEARCH ARTICLE | June 24, 2021
The Importance of Trademark Registration to Obtain Legal Protection in Indonesia
Taufiq
Page no 428-432 |
10.36348/sijlcj.2021.v04i06.013
Act No. 20 2016 About the Brand and Geographical Indications, the Brand is a sign that can be displayed graphically in the form of images, logos, names, words, letters, numbers, the arrangement of colors, in the form of 2 (two) - dimensional and/or 3 (three) dimensions, sound, hologram, or a combination of the 2 (two) or more elements of the set barag and/or services produced by a person or legal entity in the trading of goods/services. Rights to the Brand are obtained after the Brand are listed. The first Registration of the brand is a legitimate proof of the registered trademark. A trademark registration is also useful as a basis for rejection of the same brand its entirety or be in anyway that is requested by others for similar goods or services. In fact, in the implementation of the can't be done easily because not all the brand owners do the registration of the brand. This leads to brand not get legal protection, so it is very easy occurrence of violations of the use of the brand without the right of that harm the owner of the brand. Factor the brand owner did not register the brand, namely the owner of the brand is still low awareness of the law against the norms. Therefore, the other party can not use the registered trademark without the consent of the owner. If the brand that has been registered is not used in accordance with the provisions set out in the legislation, will result in registration of the mark concerned was abolished. Both Brands as assets of the company will be able to generate huge profits when utilized with attention to aspects of business and management good management. With the growing importance of the role of this brand then the brand need to put the protection of the law; as the object which it related rights of the individual or legal entity.
ORIGINAL RESEARCH ARTICLE | June 24, 2021
Reposition of Local Genius in Batang Environment Society on Behalf of Indonesian Government Regulation of Giant 1000 MW Steam Power Plant Building
Achmad Suharto
Page no 433-439 |
10.36348/sijlcj.2021.v04i06.014
The construction of 2 X 1000 MW Steam Power Plants (PLTU) in Ujung Negoro Village, Karanggeneng (Kandeman District), and Ponowareng (Writing District) which is planned to have been implemented starting in 2011, since the tender was won by J. Power, Itochu and Adaro who later formed PT. Bhimasena Power Indonesia, which is expected to start operating in 2016, has encountered various obstacles, causing it to withdraw from the schedule that has been set. This delay is due to land acquisition by PT. Bhimasena Power Indonesia experienced obstacles in the form of refusal from the community to sell their land for the benefit of the Steam Power Plant (PLTU) Project in Batang Regency. The approach used in this research is socio legal research, because to know a comprehensive picture of the Reconstruction of Environmental Management in the Construction of PLTU in Batang Regency. “The study of law as law in action is a non-doctrinal and empirical social science study.