REVIEW ARTICLE | Dec. 1, 2023
The Legal Status of Armed Separatists in Cameroon: Terrorists or Secessionists
Tekum Rechard Mba
Page no 586-591 |
DOI: 10.36348/sijlcj.2023.v06i12.001
International Humanitarian Law (IHL) states that armed separatists are parties to the conflict. Hence, IHL applies to both armed separatists and government forces with equal force. Ambiguity comes in at the level of Cameroonian law, where armed separatists have been arrested and charged with the offences of terrorism and secession without consideration that there are parties to the conflict. The aim of this paper is to determine the status of armed separatist in NW and SW regions of Cameroon for the proper applicability of the law. This paper shall also examine whether the right to self -determination nullifies the offences of secession and terrorism within the context of the conflict in Cameroon. In order to attain the above objectives, doctrinal and analytical methodology has been adopted. The paper concludes that terrorism and secession are distinct offences under Cameroonian Law and the right to self-determination appears to be too abstract to shield these offences. To this end, it is recommended that they should be a clear line between secession, terrorism and self-determination. Equally, the law should clearly define the procedure for self-determination.
ORIGINAL RESEARCH ARTICLE | Dec. 18, 2023
Legal Reconstruction of the Sharia Banking Act Standard Regulation Based on the Values of Justice
Bambang Tri Bawono, Mochamad Rizqi Sismanto, Ahmad Rofiq
Page no 592-596 |
DOI: 10.36348/sijlcj.2023.v06i12.002
This research aims to analyze and discover the weaknesses of the regulations for making Sharia banking deeds that do not yet have certainty value and how to reconstruct the standards for making Sharia banking deeds, the authenticity and legal force of notarial deeds used in Sharia banking practices based on the value of certainty in a normative legal research which examines legal norms in regulations that examine the research object. The data used in this research is secondary data, namely primary legal material in the form of laws and regulations governing criminal sanctions. Secondary legal materials in the form of scientific literature and previous research discussing criminal sanctions and tertiary legal materials in the form of legal dictionaries. Based on the results of data analysis, it is concluded that there are two weaknesses in the regulations for making Sharia Deeds in this case: a. The Sharia notarial deed agreement does not conform to the format according to Article 38 UUJN, especially the placement of the word "Bismillahhirrahmanirrohim" and the word "Alhamdulillah". b. The inconsistency of the Sharia notarial deed agreement in its substance is that there is a clause for immediate collection of all Murabahah debts and delivery/disposal of goods and this is clearly contrary to the Fatwa of the National Sharia Council number 04/DSN-MUI/IV/2000 concerning Murabahah therefore, it is necessary to reconstruct Article 38 paragraph (3) UUJN concerning deed bodies.
ORIGINAL RESEARCH ARTICLE | Dec. 18, 2023
Legal Reconstruction of the Regulation of Plantation Crimes Based on Justice Values
Susan, Anis Mashdurohatun, Sri Endah Wahyuningsih
Page no 597-602 |
DOI: 10.36348/sijlcj.2023.v06i12.003
This research aims to find and analyze the weaknesses of the criminal sanctions regulations against perpetrators of plantation crimes which are not yet based on the value of justice, and to reconstruct the criminal sanctions regulations against perpetrators of criminal acts based on the value of justice in a normative legal research which examines legal norms in regulations that examine the research object. The data used in this research is secondary data, namely primary legal material in the form of laws and regulations governing criminal sanctions. Secondary legal materials in the form of scientific literature and previous research discussing criminal sanctions and tertiary legal materials in the form of legal dictionaries. Based on research conducted, there are several norms of criminal sanctions against perpetrators of plantation crimes in Law Number 39 of 2014 concerning Plantations that are not based on the value of justice because the orientation of the UUP is on large internationalization investors or foreign investors so that plantation regulations are liberalizing, as is the case with Regulation of criminal sanctions and fines against perpetrators of plantation crimes is still weak, especially corporate sanctions. Weaknesses in the regulation of criminal sanctions against perpetrators of plantation crimes currently include weaknesses in legal substance, legal structure, and legal culture. From this weakness, there is also a legal vacuum and legal ambiguity, therefore, the reconstruction offered is carried out with the reconstruction of the norms of Article 103 to Article 113 of Law No. 39 of 2014 concerning Plantations.
ORIGINAL RESEARCH ARTICLE | Dec. 27, 2023
Production Sharing Agreement for Agricultural Land Encumbered with Liens in Southeast Sulawesi Indonesia
Heryanti, Nur Intan, Sahrina Safiuddin, Jumiati Ukkas, Ramadan Tabiu, Rizal Muchtasar, Muhammad Nazar, St. Muslimah Suciati
Page no 603-609 |
DOI: 10.36348/sijlcj.2023.v06i12.004
The aim of the research is to attempt to analyze the form of production sharing agreement for agricultural land which is encumbered with liens which is widely applied by agricultural communities so that a model of production sharing agreement can be identified that is in accordance with the characteristics of agricultural communities in Southeast Sulawesi, Indonesia. The method used is a qualitative descriptive research type with an empirical normative approach and using secondary data. The research results show that the form of agricultural land production sharing agreement which is burdened with liens which is widely applied by the agricultural community of Southeast Sulawesi is mostly done orally between the parties based on customary law. Understanding of agreements made following the traditions, beliefs and customs of the local community which include the use of agricultural or cultivated land, distribution of results, time and duration of the agreement, obligations and responsibilities of the parties, dispute resolution, and protection of honor and customs. The ideal form of an agricultural land production sharing agreement which is encumbered with a lien is to protect the interests of the parties, the form of the agreement should be in writing before and ratified by an authorized official and the contents of the agreement should include a mechanism for sharing the results or profits from the agricultural business, the time period includes the period during which the agricultural business will take place. and production sharing agreement, payment of profit sharing, responsibility of the parties, settlement if one party does not fulfill its obligations, and termination of the agreement.
ORIGINAL RESEARCH ARTICLE | Dec. 27, 2023
Legal Reconstruction of BPJS Insurance Regarding the Tariffs on Types of Hospitals Based on Justice Values
Gunarto, Syahar Banu, Setyo Trisnadi
Page no 610-615 |
DOI: 10.36348/sijlcj.2023.v06i12.005
The government's strategic plan in the health sector is contained in the National Medium-Term Development Plan (RPJMN) 2020 to 2024, in the RPJMN there is a form of policy formulation in the health sector that focuses on various preventive efforts to control disease cases that occur in Indonesia. The purpose of this paper is to reveal (to explore) the fact that there have been deviations from the Health Policy on Determining BPJS Rates at Different Types of Hospitals. The approach method in this study uses a socio-legal approach method. Namely data obtained from qualitative. Processing this research data with primary data. The results of this research providing conclusion and advice that developing social security for all people has not been based on the value of social justice. This clearly can be found in the implementation of BPJS which still distinguishes tariff classes and affects services based on social justice values, BPJS service barriers in the application of tariffs to hospitals of different types for now, namely legal factors, society, culture, etc, and quality control efforts and make efforts to control costs in the application of BPJS tariffs based on the value of justice and the Making Institution (DPR and the President) must make rule breaking changes to medical regulations, regarding hospitals, and BPJS, the government must dare to emphasize that BPJS is obliged to carry out government functions in the field of public services, and the government must carry out Reclassification of coding and the establishment of standard services for interventional and invasive cardiac procedures between PERKI and P2JK (Center for Health Insurance and Financing) of the Ministry of Health.
ORIGINAL RESEARCH ARTICLE | Dec. 28, 2023
Resilient Strategies and Education of Non-Displaced Students in the Midst of Socio-Political Crisis in the Northwest Region of Cameroon
AFU Isaiah Kunock, Miyanui Joyce Abegele, Tufoin Kilian Diang, Antia Carene
Page no 616-622 |
DOI: 10.36348/sijlcj.2023.v06i12.006
Socio-political crisis tends to push students out of their communities causing them to seek for safer sanctuaries elsewhere but a good number of them still do not want to move out despite the unscrupulous happenings. Understanding how students extenuate coping strategies in such unbecoming atmospheres becomes pivotal. The crisis in the North West Region of Cameroon has propelled non-displaced students to venture in new life styles in order to acquire education amidst crisis without being repulsive. It is against this premise that this study sets out to investigate students’ resilient strategies within the current crisis in the North West Region of Cameroon. Data for the study was amassed from secondary and primary sources. The secondary sources involved soft and hard copies of both published and unpublished documents while primary data was gleaned from field interviews and observation. With the help of snowball sampling technique, 40 interviews’ guides were administered in some sampled Divisions of the North West Region of Cameroon. Extra data was gotten through direct observations and focus groups discussions. Results revealed that, for non-displaced students to effectively negotiate and obtain secured education amidst crisis; community-based learning centers were created, religious convictions was used as a mechanism for confronting insecurity, adjustment in school institutional cultures, Shifting paradigms in disciplinary practices/majors in schools and adaptability potentials towards food insecurity in the crisis zones.
ORIGINAL RESEARCH ARTICLE | Dec. 30, 2023
Reconstruction of Criminal System Regulations for Criminal Acts of Theft Based on the Value of Justice
Anny Yuserlina, Anis Mashdurohatun, Sri Endah Wahyuningsih
Page no 623-633 |
DOI: 10.36348/sijlcj.2023.v06i12.007
This economic factor is a factor that influences the occurrence of crime, one of which is theft. It is caused in order to fulfill their needs, people will tend to do whatever it is, even if they commit theft. The purpose of this research is to analyze and find the regulation of the criminal justice system against the perpetrators of the crime of theft based on the value of justice. This type of research is social legal research, namely by studying or analyzing primary data and secondary data. This research uses the Constructivism paradigm. The function of theory in a study is to provide clues and predict and explain the object under study. The results of his research are the regulation of the penal system, in fact, it has not yet created justice for the perpetrators of the crime of theft based on the value of justice, because most of these regulations are still based on a classical legal approach which only focuses on punishment and treats all perpetrators of crimes equally without consider the social, economic, and psychological factors that influence the action. These regulations are often considered unfair and discriminatory towards certain social groups, such as the poor or minorities. This results in a widening social gap and a higher possibility of criminal acts. Therefore, a progressive legal approach is needed that takes into account the broader values of justice and the social, economic and psychological contexts that affect perpetrators and victims. With this approach, it is hoped that article 362 of the Criminal Code needs to be reconstructed.
ORIGINAL RESEARCH ARTICLE | Dec. 30, 2023
Law Enforcement for Violence against Children
Yusup Hanafi Pasaribu, Anis Mashdurohatun, Sri Endah Wahyuningsih
Page no 634-646 |
DOI: 10.36348/sijlcj.2023.v06i12.008
Criminal law enforcement regulations for perpetrators of violence against children in Indonesia are not based on the value of justice because of the perpetrators of violence against children themselves, where the perpetrators are does not see the law as a law that will bind an action that he has committed but only as an ordinary rule that can be deceived by perpetrators of violence, it is evident that in recent years in Indonesia and in neighboring countries violence against children is still relatively high, this proves that criminal law regulations for perpetrators of violence against children are still considered small, and even more so if there is peace between the parents of the victim and the perpetrator, peace here is in the form of compensation or restitution which does not create a sense of the value of justice for victims of violence, which is essentially considered to have no deterrent effect on perpetrators of violence against children. The focused data is from the Province of North Sumatra, where for some time this area has always received public attention regarding violence against children. In North Sumatra in 2018 there were 1,030 cases recorded with Medan City being the highest, in 2019 there were 705 cases, in 2020 there were 641 cases, in 2021 there were 994 cases with Langkat Regency being the highest, and in 2022 there were 962 cases the highest. It should be noted from the data obtained, from 2018 to 2022 the age of children as victims is between the ages of 13-17 and sexual violence is the highest type of violence, and ranks number two in types of physical violence. weak law enforcement in the process of not being able to make legal wishes come true. These legal regulations will also determine how law enforcement will be carried out. As is the case in Law Number 35 of 2014 concerning Child Protection where prosecution is lighter than the threat of punishment stipulated by law so that the judge's decision is considered relatively light in cases of violence against children.
ORIGINAL RESEARCH ARTICLE | Dec. 30, 2023
Weaknesses of the Termination of Prosecution Regulation against Narcotics Abuse
Adi Fakhruddin, Anis Mashdurohatun, Sri Endah Wahyuningsih
Page no 647-656 |
DOI: 10.36348/sijlcj.2023.v06i12.009
The illicit trafficking and abuse of narcotics targeting the younger generation has reached various corners of the region and the abuse is evenly distributed across all social strata of society. Basically, narcotics are very necessary and have benefits in the fields of health and science, however the use of narcotics becomes dangerous if misuse occurs. This research aims to analyze the weaknesses in the current Regulation on Cessation of Prosecution of Narcotics Abusers, to reconstruct the Regulation on Cessation of Prosecution of Narcotics Abusers Based on Restorative Justice Values. The approach method used in this legal research is a sociological juridical approach. The data obtained in this research was then selected and arranged systematically to be further analyzed and presented using qualitative analysis methods. The results of this research are that the weaknesses in the current regulations for stopping prosecution of narcotics abusers are weaknesses in terms of legal substance, weaknesses in terms of legal structure and weaknesses in terms of legal culture.
ORIGINAL RESEARCH ARTICLE | Dec. 30, 2023
The Penalty System for Minor Crime in Realizing the Values of Pancasila Justice
Erwin Indrapraja, Anis Mashdurohatun, Sri Endah Wahyuningsih
Page no 657-663 |
DOI: 10.36348/sijlcj.2023.v06i12.010
Minor crimes can still be handled using the concept of a restorative justice approach. Restorative justice has an implementation method by means of penal mediation or by diversion of criminal acts. Penal mediation is used in handling ordinary crimes, in the sense that it is carried out by adults, while the use of diversion is carried out in cases involving children and is in the Children's Court. The problem in this research is how the punishment system for minor crimes is based on Pancasila justice. The research method uses a constructivist paradigm, with a social legal research approach method, and a descriptive research type. Types and sources of data use secondary materials in the form of primary legal materials, secondary legal materials and tertiary legal materials. Data collection methods use literature and qualitative analysis methods. The results of the research are that the punishment system for minor crimes is not yet fair, legal action is still carried out procedurally. One effort that can be made is a policy approach to resolving minor crimes (Tipiring) through restorative justice; so it is necessary to reconstruct the Regulations on Light Crimes Based on Pancasila Justice, namely in the Criminal Procedure Code (KUHAP), in Article 205 Paragraph 1 and the Republic of Indonesia Prosecutor's Regulation Number 15 of 2020 concerning Termination of Prosecution.