REVIEW ARTICLE | March 12, 2022
Constitutional and Judicial Approaches to Environmental Challenges
Kathleen Okafor
Page no 96-100 |
10.36348/sijlcj.2022.v05i03.001
The Research Paper ‘Constitutional and Judicial Approaches to Environmental Challenges’, takes us through the role of the Legal and Judicial System, in the protection of the Environment, and in the wider campaign against Environmental Degradation. The importance of Environmental Sustainability cannot be over-emphasized as a destroyed environment may also mean the end of the human race and even plants and animals. The paper looks at both the Nigerian perspective, as well as the global outlook. It looks at the Human Rights angle, which submits that destruction of the environment by industrial, corporate and government institutions, may be an offence against the Law since it infringes on the right of the ordinary citizen to live a healthy life in harmony with nature. In other words, since these human institutions have been responsible for the extinction of many animal species, they shouldn’t be allowed to extend their destruction to include the reduction of the quality of human life or even wiping out the human race. The paper looks into the extent to which the judicial system could help protect the common man from the forces of Environmental Degradation.
ORIGINAL RESEARCH ARTICLE | March 14, 2022
Implementation of Corporate Social Responsibility (Case Study on Village Credit Institutions in Bali Province)
I Gede AB Wiranata, Diane Eka Rusmawati
Page no 101-107 |
10.36348/sijlcj.2022.v05i03.002
The existence of corporate social responsibility is no longer a relevant issue in the midst of globalization. In fact, corporate social responsibility is a top priority for business leaders in all countries in order to build synergies between the business world and the community in which the company carries out its business activities. This study aims to (1) analyze the concrete forms of implementing corporate social responsibility at village credit institutions in Bali Province, especially on the social life of its customers, (2) analyze the legal basis for implementing corporate social responsibility at village credit institutions in Bali Province, (3 ) the extent to which compliance with the application and sanctions of customary law in realizing corporate social responsibility at village credit institutions in the province of Bali. This research case study uses an Ethnographic Research/Sociolegal Research approach and a statutory approach in a qualitative research paradigm at the Village Credit Institution in Bali Province. Respondents were determined using the snowbolling system technique for customers of village credit institutions and traditional leaders as well as the Hindu Religious Parisadha Council. Data analysis used qualitative analysis. The implementation of corporate social responsibility has generally been implemented in most of the Village Credit Institutions in Bali, but the orientation is more on increasing socio-religious culture. This obligation is prioritized over the existence of a traditional village/Pakeraman Village according to the embodiment of Tri Hita Karana, namely the harmony of life between others, the harmony of life with the Creator, and harmony with other creatures. This is a reflection of obedience to the implementation of religious law and local wisdom adopted as living law. This study recommends to legislators that the preparation of laws related to corporate social responsibility can adopt the local wisdom of the people of various ethnic groups in Indonesia. This local wisdom is reflected in community values that grow, live and develop in reality in society.
ORIGINAL RESEARCH ARTICLE | March 15, 2022
The Effect of Capital Punishment on Terrorism in Saudi Arabia
Mohammed Alqahtani, Stewart J. D’Alessio, Lisa Stolzenberg
Page no 108-117 |
10.36348/sijlcj.2022.v05i03.003
Numerous studies investigate the deterrent effect of capital punishment on homicide levels, but no published study conducted to date focuses explicitly on the impact of capital punishment on terrorist activity. In addition, no research evaluates the possible deterrent effect of a mass execution. This study examines the influence of the mass execution of 47 terrorists by the Saudi government, which took place on January 2, 2016, on the frequency of terrorist attacks originating from within Saudi Arabia. Using missile and drone attacks that were launched from outside of Saudi Arabia as a statistical control variable, results generated in an interrupted time-series analysis show that the mass execution decreased the frequency of within-country terrorist attacks by approximately two attacks per month. Results further reveal that the Saudi military intervention in Yemen amplified within-country terrorist activity by nearly five attacks per month. These findings suggest that the use of capital punishment may prove to be useful in deterring terrorist attacks.
ORIGINAL RESEARCH ARTICLE | March 22, 2022
The Urgency of Returning Assets Proceeds of Corruption in State Financial Recovery
Rinaldy Amrullah, Maroni, Diah Gustiniati, Gunawan Jatmiko
Page no 118-121 |
10.36348/sijlcj.2022.v05i03.004
Return expected state losses capable of covering the state budget deficit to cover the inability of the state to finance various aspect need based on Law No. 11 of 2009 concerning People's Welfare. Return state assets are approach in fight crime whose presence started in 1980-1988, which then applied to the type more crime-wide with incorporated into Organized Crime in 2000. Mechanism return assets are also considered urgent because who did business return on asset results corruption, and it turns out that his business often meets any obstacle. Obstacles that are then looking for road exit with arranging problem return asset. The inner country takes finance consequence act criminal corruption based on more evidence-strong, that asset the suspected originated from perpetrator act criminal corruption or used for perpetrator act criminal corruption in areas that are growing in general many stored in centres financial, this is an agenda for the Indonesian state for true, true croak all the money in the areas small whatever value. With thereby eradication act criminal corruption also pays attention interest people, beside eradicate act criminal corruption must also notice return state finances as consequence deed that because corruption always concerning state finances. Based on what is important, the study about urgency return asset results acts criminal corruption. Destination search asset is for knowing existence and type hidden assets from results act criminal, which will be used for replacement loss to the state, whose information originated among others from Financial Services Provider, Center for Transaction Reports and Analysis Finance (PPATK), Research Results Academics and NGOs, Disputes in Courts, Commissions Eradication Corruption (KPK), and others.
ORIGINAL RESEARCH ARTICLE | March 22, 2022
Reconstruction of Indonesian Islamic Law Compilation Using Madhhab Perspective Based on Justice Value
Suhadi, Anis Mashdurohatun, Gunarto
Page no 122-127 |
10.36348/sijlcj.2022.v05i03.005
The purpose of this study is to describe the weaknesses of the Islamic Law Compilation (KHI) Practiced in Indonesia by examining and analyzing its contents and their problems from the perspective of the madhhab and reconstructing the KHI which contains Islamic law in the perspective of the madhhab based on the value of justice using the sociological juridical method. Informants as sources of research data are scholars, lecturers, judges, MUI, Islamic organizations, FKUB, Shi'i, Sunni, and Salafi Wahabi leaders. Data collection techniques with interviews and documentation. Data analysis goes through the stages of data collection, data reduction, data display, and verification. The results of the study found that (1) KHI only contains family law even though Islamic law is very complex and is not limited to family law. (2) Family law which is the formulation and result of the existing ijtihad of Indonesian ulama does not need to be revised because of its suitability and acceptance of various schools of thought in Indonesia. (3) Islamic law is always based on valid and recognized madhhabs and madhhabs in this world based on the 2004 Amman Treatise and 8 others, namely Sunni, Shi'i, Dhahiri, and Ibadli (Hanafi, Maliki, Shafi'i, Hambali, Dhahiri, Zaidi, Ja'fari, Ibadli). (4) There are 3 schools of thought that live and develop in Indonesia with their derivative mass organizations (Sunni Syafi'i, Sunni Hambali/Salafi - Wahabi, and Shi'i). (5) The three schools of thought in Indonesia are prone to conflict and can trigger disharmony and national disintegration. (6) The need for regulation of the recognition and harmony of various schools of thought in Indonesia through the KHI channel by reconstructing the 1991 Indonesian KHI with additions; recognition, protection, and harmony of various schools of thought with national insight as a complement to the contents of Islamic law and a unifying and harmonious forum that is based on justice-based law.
REVIEW ARTICLE | March 30, 2022
Protection of the Economic Rights of Geographical Indication Holders in the Indonesian Trademark and Geographical Indication Law
Almusawir, Kamsilaniah, Juliati
Page no 128-141 |
10.36348/sijlcj.2022.v05i03.006
The research aimed at describing the legal protection concept geographical indication in supporting the economic right of geographical indication holders, the contribution of geographical indication in improving the prosperity of geographical indication holders, and the legal protection of the economic rights of geographical indication about the use of a sign that is similar to a registered geographical indication. This research encompasses the normative legal analysis and empirical research methods. The first problem statement used the normative legal research method, which analyses how the legal protection concept of geographical indication supports the economic rights of geographical indication holders. The empirical research method was used for the second problem statement, which analyses how registered geographical indication contributed to improving the prosperity of geographical indication holders and was also used for the third problem, which analyses the legal protection of the economic rights of geographical indication holders about the use of a sign that is similar a registered geographical indication. The research results indicate the following: (1) the legal protection concept of geographical indication that is integrated into the law of trademark and geographical indication has not supported the economic rights of geographical indication holders, either from the substance aspect or with regards to the stipulated legal sanction; (2) the economic rights of geographical indication holder relation to production monopoly right, sign use, and product marketing has not contributed to the improvement of their prosperity; (3) the legal protection of the economic rights of geographical indication holders about the use of a sign that is similar to a registered geographical indication is still weak, both in the private and public legal enforcement aspects.
ORIGINAL RESEARCH ARTICLE | March 30, 2022
The Effectiveness of Partnership Programs and Environmental Development by State-Owned Enterprises (BUMN) in Empowering Micro and Small Businesses in Lampung
Sunaryo, Rilda Murniati, Lindati Dwiatin, Kasmawati
Page no 142-147 |
10.36348/sijlcj.2022.v05i03.007
Article 88 of Law Number 19 of 2003 jo. SOE Minister Regulation Number PER-02/MBU/7/2017 stipulates that BUMN companies (State Owned Enterprises) are required to implement PKBL (Partnership and Community Development Programs). The obligation to implement PKBL is basically intended to be able to contribute in the effort to empower micro and small businesses in Indonesia. This study discusses the effectiveness of the implementation of PKBL at PT Jasa Raharja (Persero) Lampung Branch and the obstacles faced in implementing PKBL in an effort to empower micro and small businesses in Lampung. This research is an empirical normative legal research with a descriptive type of research as well as an applied normative approach (applied law approach). The results of the study indicate that in the context of empowering micro and small businesses, PT Jasa Raharja (Persero) Lampung Branch has implemented a Partnership Program (PK) which is distributed in 2 (two) forms, namely loans to finance business capital and guidance to fostered partners. Meanwhile, the Community Development Program (PBL) has also been implemented and distributed in 3 (three) forms, namely in the fields of education and training, community social assistance, and worship facilities. In the implementation of PKBL, obstacles were found, namely the problem of refunding funds from several fostered partners that were not smooth. Another obstacle is the distance between the place of business or the location of the program which is quite far from the office of PT Jasa Raharja (Persero) Lampung Branch so that it results in not being able to optimally carry out field surveys or provide guidance to each fostered partner or to all fostered partners.
ORIGINAL RESEARCH ARTICLE | March 30, 2022
Legal Responsibilities of the Parties in Issuance of Commercial Paper Based on Bank Indonesia Regulation No: 19/9/PBI/2017
Kingkin Wahyuningdiah, Kasmawati
Page no 148-153 |
10.36348/sijlcj.2022.v05i03.008
Commercial Papers (SBK) or often referred to as Commercial Paper (CP) are securities that are classified as promissory notes and appear in practice as an alternative to corporate funding. In 1995 Bank Indonesia issued Bank Indonesia Decree No: 28/52/KEP/DIR and Bank Indonesia Circular No: 28/49/UPG concerning Requirements for Issuance and Trading of Commercial Paper through Bank Indonesia. Then in 2017 Bank Indonesia revoked the decree and again issued Bank Indonesia Regulation (PBI) No: 19/9/PBI/2017 concerning the Issuance and Transaction of Commercial Securities in the Money Market. This study seeks to examine matters related to SBK or CP after the issuance of PBI NO: 19/9/PBI/2017, especially the problem of formal requirements for SBK as securities; the parties involved and their legal responsibilities in the SBK or CP transaction. This research is a normative legal research with a descriptive type that is sourced from legal materials, both primary, secondary and tertiary legal materials and analyzed qualitatively. The results of this study indicate that the formal requirements for SBK follow the provisions of the formal promissory note as stipulated in Article 174 and Article 175 of the KUHD. PBI No: 19/9/PBI/2017 does not stipulate other formal requirements, but stipulates the criteria for SBK (CP) to be issued for transactions through the Money Market. The parties involved are issuers, issuance support institutions, Bank Indonesia, transaction actors and transaction support institutions, administration and settlement of SBK transactions. Each of these parties has a legal responsibility, namely the issuer has legal responsibility in terms of payment of Commercial Securities issued. The issuance support institutions have legal responsibilities in protecting consumers (investors) while transaction actors, transaction support institutions, administration, and transaction settlements have the responsibility to create a credible SBK or CP market and trade.