This article aims to compare the different facets that emerged from an analysis of the Codes of Public Contracts present and effective in the Middle East. Specifically, the article below analyzes the proper meaning of the Public Procurement Code and its use, as well as the innovations introduced in recent years, especially in light of the public tenders called in some countries of the Middle East. In addition to a temporal excursus on the legal changes introduced in this public sphere, the document analyzes some of the fundamental Procurement Law of the Middle East starting from the one structured in the United Arab Emirates (UAE) to then arrive at the latest and more modern New Government Tender and Procurement Law (GTPL) in Saudi Arabia, which has currently attracted the attention of many legal analysts.
ORIGINAL RESEARCH ARTICLE | Sept. 8, 2023
Legal Reconstruction of the Authority of Tapping by the Corruption Eradication Commission in Corruption Crime Investigation Based on Justice Value
Aryas Adi Suyanto, Mahmutarom, Anis Mashdurohatun
Page no 472-478 |
DOI: 10.36348/sijlcj.2023.v06i09.002
This study aims to analyze the weaknesses and reconstruct regulations on the Authority of the Corruption Eradication Commission in Wiretapping Corruption Crimes which have not been fair so far because the regulation regarding wiretapping authority is still sectoral in nature and there is no specific law on wiretapping using the constructivism paradigm, the type of research in the form of non-doctrinal law, and a juridical-empirical approach. The results of this study show that the weaknesses in terms of legal culture include evidence used in criminal proof that is still limited to the Criminal Procedure Code and the law enforcement culture in Indonesia is still positivist in nature. The phrase "accountable to the supervisory board" in Article 12C paragraph (2) of the Corruption Eradication Commission (KPK) Law) is not based on Pancasila values of justice and does not have binding legal force. Therefore, a legal reconstruction is needed by strengthening the authority of the Corruption Eradication Commission to carry out wiretapping to prevent and eradicate criminal acts of corruption through the reconstruction of Article 12C in particular Article 12C paragraph (2) of Law Number 19 of 2019 concerning Amendments to Law Number 30 of 2002 concerning The Corruption Eradication Commission stated that "Wiretapping which has been completed must be accounted for to the Leaders of the Corruption Eradication Commission and notified to the Supervisory Board no later than 14 (fourteen) working days after the Wiretapping was completed".
ORIGINAL RESEARCH ARTICLE | Sept. 8, 2023
Reconstruction of Life Insurance Agent Work Contract Regulations Based on Justice Value
Gunarto, Intanida, Anis Mashdurohatun
Page no 479-484 |
DOI: 10.36348/sijlcj.2023.v06i09.003
The purpose of this research is to analyze the weaknesses of Life Insurance Agent Work Contract Regulation and how to reconstruct the regulation of the Life Insurance Agent work contract regulation based on the value of justice, namely as in the Insurance Law No. 40 of 2014, Article 1320 of the Civil Code, Article 1338 of the Civil Code and 1313 of the Civil Code using a constructivism paradigm, through direct interviews with informants empirically supported with studies literature through theoretical steps. The results of this study show that the Weaknesses that arise in the life insurance agent work contract regulation with the study of Islamic law, namely in carrying out the contract is not transparent so that the agent and the insurance company when facing problems, are only decided unilaterally and not based on the contract. Therefore, the Reconstruction of the regulation on a life insurance agent work contract regulation based on the value of justice, namely that in entering into an agreement with a life insurance company with a work contract, it is not in accordance with Article 1313 of the Civil Code and Article 1338 paragraph (1) of the Civil Code because in practice the life insurance company provides a letter notification of the update without the knowledge of the agent, which resulted in unilateral termination of employment. Dispute resolution in insurance agreements can be carried out through litigation and non-litigation channels. If the principle of good faith is not fulfilled, the insurance agreement can be canceled. Regulations for financing agent agreements in Indonesia use a system of deliberation and mutual cooperation, while in various countries they use an arbitration system in a court. Regulation of the Financial Services Authority Number 69 /Pojk.05/2016 Concerning the Conduct of Business of Insurance Companies, Sharia Insurance Companies, Reinsurance Companies, and Sharia Reinsurance Companies.
REVIEW ARTICLE | Sept. 23, 2023
Child Abuse in Bangladesh: Issues & Legal Protection
Naimul Razzaque, Md. Abul Hasan Manzurul Islam, Walid Saddat Raffat, Amy Autumn Wilkins, Muntasir Murad Rafid, Salman Khandaker, Md. Mushahid Ali
Page no 485-488 |
DOI: 10.36348/sijlcj.2023.v06i09.004
The center disclosures of this paper are that precludes maltreatment of kids; their abuse is rejected and youngster work is restricted. This work likewise features about Kid misuse, abuse, kid work, and trading youngsters for reason for prostitutions are restricted under the Bangladeshi regulations. The predominance of actual attack was a lot higher among more youthful youngsters albeit the likelihood of different sorts of misuse was higher among more established kids. Young men were more presented than young ladies to maltreatment of any sort. Destitution was additionally fundamentally connected with kid misuse. Multivariate examination proposed that the out-of-younger students and the offspring of ignorant, landless and incompetent workers were bound to be mishandled than others when age and sex of kids were controlled. The paper infers that bringing up open mindfulness against kid misuse and advancing preventive measures ought to be embraced to decrease kid maltreatment in Bangladesh.
ORIGINAL RESEARCH ARTICLE | Sept. 28, 2023
Legal Reconstruction of Notary Role in the Making of a will without Heir Appointment Based on Justice Value
Gunarto, Diah Trimurti Saleh, Anis Mashdurohatun
Page no 489-494 |
DOI: 10.36348/sijlcj.2023.v06i09.005
The aim of this research is to analyze and reconstruct the regulations on the role of Notaries in making will deeds without appointing an heir of the will in the midst of a pluralistic inheritance system in Indonesia using a constructivism paradigm, through direct interviews with informants empirically supported with studies literature through theoretical steps. Research Result shows that the weakness started from the kinship system in marriage in Indonesia which is the parental or bilateral kinship system where a child legally inherits from his father's and mother's lineage, the matrilineal system where a child legally inherits from his mother's lineage only, the kinship system patrilineal where a child legally inherits from his father's lineage only. This causes some residents to adhere to other laws such as Islamic inheritance law, and to some, the various customary law. Therefore It is not uncommon for there to be contradictions in inheritance law, especially between inheritance through a will and the inheritance system adopted by the heir. Therefore the legal reconstruction due to the pluralism of inheritance law in Indonesia is in the form where the procedures for making wills for each population group must be added to article 16 number (1) letters i and j of the Notary Position Law. based on the value of justice for both heirs, notaries, and parties related to wills, this should be done through harmonization of the legal system between population groups in Indonesia so as to provide beneficial values for heirs, heirs, and society in general.
ORIGINAL RESEARCH ARTICLE | Sept. 28, 2023
Legal Reconstruction of Peaceful Settlement Regulation on Simple Lawsuit Based on Justice Values
Muhammad Ngazis, Putri Nugraheni Septyaningrum, Gunarto, Sri Endah Wahyuningsih
Page no 495-499 |
DOI: 10.36348/sijlcj.2023.v06i09.006
The regulation of the mechanism for settling minor or simple lawsuits is done through conciliation efforts in Article 14 letter (b) PERMA Number 2 of 2015 has regulated that Judges must play an active role in seeking to settle cases peacefully but do not regulate the form of conciliation efforts and there is an overlapping role of the Judge as examiner of cases and as a mediator who has not achieved justice for the parties. The aim of the research is to analyze the weaknesses of conciliation efforts in resolving simple tort cases in Indonesia currently and to reconstruct peace efforts in resolving simple tort cases based on fairness values using a constructivist paradigm with empirical research and a socio-legal approach. Analysis of research data in a qualitative descriptive manner where the location of the research was the Batang District Court and the Pasuruan District Court. The results of the research show that the Weaknesses in conciliation efforts in resolving simple lawsuits are that the form of conciliation is not regulated and the overlapping role of the Judge as examiner of cases and as a facilitator/mediator. Therefore a legal Reconstruction is needed in Article 14 letter (b) PERMA Number 2 of 2015 where Judges are no longer required to play an active role but Judges seek peace through negotiations and oblige the parties to negotiate during the first trial and report the results to the examining Judge of the case to realize justice for the parties.
REVIEW ARTICLE | Sept. 30, 2023
The Works and Lifestyles of Nigerian Celebrities as Drivers of Crimes amongst the Youth and Young People
Vincent Chukwukadibia Onwughalu
Page no 500-507 |
DOI: 10.36348/sijlcj.2023.v06i09.007
This paper is a discourse on how the works and lifestyles of Nigerian celebrities act as drivers of crimes amongst the country’s youth and young people. It shows the trends of crime in the country before and in the era of the new media, bringing to the fore emerging dimensions that are rarely reported explicitly in extant literature. Data for the study were obtained through secondary sources and analyzed through content analysis based on Bibb Latané’s (1981) social impact theory. The findings suggest that: (i) while leadership examples and weak institutions are at the roots of crimes in the country, (ii) the messages (directly and impliedly) communicated in the works of celebrities and their lifestyles act as the drivers amongst the youth and young people, (iii) the failure of relevant institutions to regulate the lifestyles of celebrities and their works promotes the tendency to get rich quick and by all means amongst the youth and young people. It recommends the regulation of the works and lifestyles of Nigerian celebrities by relevant institutions.