ORIGINAL RESEARCH ARTICLE | Dec. 6, 2022
Reconstruction of Legal Protection Regulations against Victims of Crime of Household Violence Based on Justice Value
Agus Irawan Yustisianto, Sri Endah Wahyuningsih, Anis Mashdurohatun
Page no 513-519 |
10.36348/sijlcj.2022.v05i12.001
The family is the first social environment known to humans. The family is a social institution that functions to improve all the abilities that exist in each individual. However, it is not uncommon for families to have cases of irregularities or illegal activities that cause misery or suffering and are carried out by members of one family against other family members such as molestation, rape, and even leading to murder. This situation is commonly referred to as Domestic Violence or more commonly abbreviated as domestic violence. The formulation of the problems in this dissertation research is: 1) Why is the regulation of legal protection for victims of criminal acts of domestic violence not fair? 2) What are the weaknesses of the current legal protection regulations for victims of criminal acts of domestic violence? 3) How is the reconstruction of legal protection regulations for victims of domestic violence crimes based on the value of justice? The research method uses a constructivist paradigm, with a sociological juridical approach. Methods of data collection by observation and interviews, with qualitative analysis data analysis method. The results of the study are 1) Regulation of legal protection for victims of criminal acts of domestic violence has not been fair, it is worth considering who has the most initiative among couples in the household to commit acts of violence, including the scale of differences in physical strength and ability between husband and wife and seriousness in using physical force. Most women are victims of violence perpetrated by people who are closely related to them. Domestic violence is generally perpetrated by men against women, generally violence by husbands against wives. 2) Weaknesses of legal protection regulations for victims of criminal acts of domestic violence at this time in terms of legal substance, law enforcers in carrying out law enforcement are only oriented to legal certainty, not legal justice. From the aspect of the legal structure, the synergy between the apparatus has not been optimal, the weakness in this case since the enactment of the PKDRT Law in 2004, there are still many cases of violence against women that occur in society and many are even unsolved. In terms of legal culture, the factors behind domestic violence can be identified due to gender and patriarchal factors. 3) Reconstruction of Law Number 23 of 2004 concerning the Elimination of Domestic Violence by changing and adding imprisonment and fines in Article 44, and the second reconstruction by adding the value of justice to Article 54.
ORIGINAL RESEARCH ARTICLE | Dec. 6, 2022
Reconstruction of Legal Protection Regulations for Debtors and Third Parties in Credit Agreements with the Object of Fiduciary Based Guarantee
Bambang Setyabudi, Anis Mashdurohatun
Page no 520-526 |
10.36348/sijlcj.2022.v05i12.002
Agreement financing with guarantee fiduciary there is clause stating _ that if debtor no pay off the debt or no Fulfill his obligations to creditor so without through court more formerly creditor entitled and giving power substitution creditor for To do necessary action _ what if see by constitutive and productive no after with substance Article 23 paragraph (2) and Article 36 then writer aim for first analyze Regulation Legal Protection for Debtors and Parties Third In Agreement Credit with Object Guarantee Fiduciary Not yet Realize Score Justice , Second for analyze Protection Law For Debtor And Party Third In Agreement Credit with Object Guarantee Fiduciary moment this , third for To do Reconstruction Regulation Legal Protection for Debtor Dan Party Third In Agreement Credit with Object Guarantee Fiduciary Not yet Realize Value of Justice Method Study this is study qualitative with approach sociolegal research paradigm study constructivism. As for the findings study first Protection Regulation Law For Debtors and Parties Third In Agreement Credit with Object Guarantee Fiduciary Not yet Creating Value Justice In Thing divert , pawn rent , share results to the other party The object that becomes object Guarantee Fiduciary because existence assessment related with debtors and parties third second weaknesses Regulation as Protection Law of Sharing Debtors and Parties Third In Agreement Credit with Object Guarantee Fiduciary Not in line with existence agreement written from receiver fiduciary yang regulated in Article 23 and Article 36 of the Law Guarantee Fiduciary. Third Reconstruction Regulation Legal Protection for Debtor Dan Party Third In Agreement Credit with Object Guarantee Fiduciary Not yet Realize Value of Justice a) Reconstruction score justice regulation Legal Protection for Debtor Dan Party Third In Agreement Credit could increase protection law for debtor productive and constructive b) reconstruction norm there is Article 23 Giver Fiduciary prohibited transfer , pawn , rent and perform contract work for results to the other party The object that becomes object Guarantee Fiduciary who doesn't is object supplies , except with agreement written more formerly from Receiver Fiduciary . Article 36 becomes 2 paragraphs which mention paragraph (2) Criminal as intended _ in Article 35 and Article 36 paragraph (1) in Constitution this is offense complaint.
ORIGINAL RESEARCH ARTICLE | Dec. 6, 2022
Developing Intellectual Property Rights as Joint Assets Post-Marriage Decisions Based on Justice
Anis Mashdurohatun, Jamadi, Eman Suparman
Page no 527-536 |
10.36348/sijlcj.2022.v05i12.003
The purpose of this research is to develop IPR as joint property and how to distribute it after divorce based on justice. The method used in this research is socio-legal (Socio-legal Research). This study uses primary data and secondary data. Meanwhile, the technique of collecting data is through library research and field studies analytical descriptive data analysis. The results of this study indicate that this research also finds a new legal norm/rule: that the economic value obtained from all types of intellectual property rights, namely Copyrights, Patents, Trademarks, Trade Secrets, Industrial Designs, Plant Variety Protection, Layout Designs of Integrated Circuits registered during Marriage becomes joint property of husband and wife as long as it is not stipulated otherwise in the marriage agreement and the distribution after the marriage breaks up each gets half as long as husband and wife carry out their responsibilities, roles and duties properly as head/housewife, whereas if husband and wife are not/less able to carry out their duties properly responsibilities, roles and duties properly in the household, then the distribution is in accordance with the size of their contribution in the household and the process of creating/discovering IPR. The results of the distribution, either in a decision or an agreement in front of an authorized official, must be recorded at the Directorate General of Intellectual Property Rights, because the transfer of Economic Rights of Intellectual Property Rights only has legal consequences for third parties after being registered at the Directorate General of Intellectual Property Rights. Legal Structure Side, increasing knowledge, understanding and experience of law enforcement in the field of intellectual property rights through formal education, training, certification, seminars, workshops, library access, field practice and other means. Legal Culture Side, increasing public knowledge and understanding in the field of IPR through legal education, both formal and non-formal.
ORIGINAL RESEARCH ARTICLE | Dec. 18, 2022
Implementation of the Statute of the International Criminal Court into the National Legislation of the Republic of Azerbaijan
Mehriban Eyyubova
Page no 537-547 |
10.36348/sijlcj.2022.v05i12.004
The article is devoted to the implementation of the Statute of the International Criminal Court in the national legislation of the Republic of Azerbaijan. The article is based on the Statute of the International Criminal Court, scientific and theoretical provisions on its implementation, the national legislation of the Republic of Azerbaijan, as well as a comparative analysis of the national legislation of foreign countries. Meanwhile, the activities of the International Criminal Court and the advantages and disadvantages of its Statute in the implementation of national legislation were analyzed in detail. Recommendations and conclusions from the policies of both jurisdictions are presented.
ORIGINAL RESEARCH ARTICLE | Dec. 23, 2022
Legal Analysis on the Use of Muhammadiyah Trademark on a Charity Business Marketing Based on Religious Justice
Juma’i, Anis Mashdurohatun, Ahmad Rofiq
Page no 548-553 |
10.36348/sijlcj.2022.v05i12.005
The purpose of this study was to Analyze The Use of Muhammadiyah Trademark on A Charity Business Marketing Based On Religious Justice. The research method used by the author is a normative-empirical research method. The data collection method used is library research, observation, interviews, and data analysis methods are using qualitative descriptive analysis. The results of this study shows that Religious Value in the Marketing of Muhammadiyah Charity Business Products are based on the belief in one and only God, meaning that everything that is done is in order to seek benefit and benefit, as is the case for example in Muhammadiyah education establishing many schools, madrasas, Islamic boarding schools and other orphanages solely because upholding religious values in which by building places to seek knowledge is a very noble glory and this, of course, are the result of the hard work of the Management of Muhammadiyah. An organization, whether it’s non profit or not need a trademark that shows their reputation and goodwill. Therefore The Use of Muhammadiyah Trademark on A Charity Business Marketing can be justified to be Based On Religious Justice as it is for the need for the Ummah itself.
ORIGINAL RESEARCH ARTICLE | Dec. 24, 2022
The Government Policy for Stunting Countermeasure Strategy in Indonesia be preparing for Golden Generation 2045
Melisa, Kasmawati, St. Aditia Fortuna Pangestu Sitompul, Monalisa, Rohani, Moenaqistin Nur Novianti
Page no 554-563 |
10.36348/sijlcj.2022.v05i12.006
Indonesia is ranked 5th in the world for the highest prevalence of stunting with a prevalence of stunting reaching 37% (nearly 9 million children under five). The Indonesian government has carried out a series of strategies to reduce the prevalence of stunting. The purpose of this scientific work is to describe the government's strategy in efforts to reduce stunting in Indonesia to prepare for the 2045 golden generation, and to describe the implementation of the National Strategy in the National Action Plan for the Acceleration of Reducing Stunting Rates in Indonesia (RAN- PASTI) to prepare for the 2045 Golden Generation. Results: The results of this study are (1) The stunting management strategy is also included in the 2020-2024 RPJMN planning document. In the RPJMN, the handling of stunting is included in the 3rd Development Agenda, namely Increasing Qualified and Competitive Human Resources. (2) Implementation of the National Strategy in the National Action Plan for the Acceleration of Reducing Stunting Rates in Indonesia (RAN-PASTI) to Prepare for the 2045 Golden Generation RAN-PASTI is an implementation guideline for the National Strategy, mechanism for implementing work procedures, as well as Monitoring, Evaluation, and Reporting on the implementation of Acceleration Reducing stunting to achieve the target of a stunting prevalence rate of 14% in 2024 according to the mandate of Presidential Regulation No. 72 of 2021.
REVIEW ARTICLE | Dec. 30, 2022
Human Rights and International Mining Disputes: A Legal Appraisal within the Current Trend of Massive Human Rights Violations in the Extractive Sector in Cameroon
Nkumbe Ebong Mekede
Page no 564-573 |
10.36348/sijlcj.2022.v05i12.007
This article explores in an explicit manner the interface between human rights and international mining disputes in Cameroon’s extractive law in order to spotlight or identify the causes, stakes, challenges and possible ways forward in curbing human right violations in the extractive sector. This article focuses on the various pieces of extractive legislation in Cameroon and makes a comprehensive legal appraisal on how such extractive texts protect human rights either directlt or tacitly, arguing that the present extractive texts in force falls short of guaranteeing the rights of individuals engaged in the extractive industry. In consequence to this half-bake protection accorded by the mining, oil and gas laws with respect to human rights exigencies, it is a settled fact that human righs are increasingly violated in the extractive sector and this does not showcase a good image of the country at the international arena. This is because mining disputes are becoming rife and rampant. A fundamental recommendation to this legislative pitfall in the extractive sector is that, there is urgent need to revise some provisons of the extractive sector laws so that, it should integrate human rights issues in a holistic manner thereby significantly curbing mining disputes.
REVIEW ARTICLE | Dec. 30, 2022
A Legal Appraisal of Extractive Sector Laws and Energy Development in Cameroon: The Case of Renewable Energy for Sustainable National Livelihoods
Nkumbe Ebong Mekede
Page no 574-583 |
10.36348/sijlcj.2022.v05i12.008
This article examines the nexus between the extractive sector laws and energy development in Cameroon with focus on renewable energy in order to promote sustainable national livelihoods for the benefit of all and sundry. It should immediately be pointed out that, traditional energy sources like mining, oil and gas, or betterstill fossil fuels; are environmentally disastrous. These traditional energy sources contribute enormously in the emission of Green House Gases that are major threats to climate change to which the globe is confronted to nowadays. This article therefore articulates on how the extractive sector laws can serve as a pivot in making the use of renewable energy sources important in the exploration and exploitation of mineral resources. More still, it is regrettable that the current extractive laws in the country do not sufficiently take into cognizance the need to explore renewable energy sources. In consequence to the shortcomings noticed in the extractive sector laws in Cameroon in enhancing energy development with focus on renewable energy, the key recommendation to this legislative quagmire in the extractive sector laws is that, there is urgent need to review some provisons of the extractive sector laws so that, it should henceforth take into keen consideration the relevance of energy development by paying attention on the imoportance of reneawable energy.