The article discusses the concept of universal jurisdiction and its implementation in international law. It explores the relationship between universal jurisdiction and treaty law, as well as customary international law. The author emphasizes the importance of universal jurisdiction in holding individuals accountable for serious international crimes, even when they flee to another country. The article also discusses the concept of hot pursuit and its connection to universal jurisdiction. Real-life geopolitical events are presented to illustrate the complexities and challenges of implementing universal jurisdiction. The author argues that universal jurisdiction can contribute to peace and security by redefining international relations and moving away from traditional approaches. The article draws on various primary and secondary sources to support its arguments.
REVIEW ARTICLE | June 12, 2024
Implementing Board Rotation: A Potential Remedy for Nigeria’s “Boardroom Bubble”? Examining Benefits and Limitations
Anayochukwu Precious Paschal Mbagwu
Page no 199-224 |
DOI: 10.36348/sijlcj.2024.v07i06.002
This article examines the potential and limitations of director rotation as a response to the "boardroom bubble" phenomenon in Nigerian companies. Gaining traction as a key corporate governance practice, director rotation seeks to mitigate stagnant decision-making within boards. The research explores how this approach can enhance corporate governance, accountability, and oversight. Our study suggests that while director rotation holds significant promise in reducing board entrenchment and strengthening corporate governance, it is not without drawbacks. These drawbacks include: Lack of independence among directors, reduced knowledge continuity on matters such as ESG (Environmental Social and Governance) factors or long-term strategies, difficulty finding suitable successors who share their predecessors’ characteristics (e.g., gender) as well as turmoil created when introducing inexperienced members onto Boards at times of crisis. Additionally, it does not address other important aspects of board diversity i.e., racial or ethnic background or educational achievements, which remain overlooked through this process alone. While acknowledging the benefits of rotation as a potential remedy for the “boardroom bubble,” this paper advocates for a nuanced approach to board rotation in Nigeria. Our research undertakes a comprehensive examination of Nigeria’s legal and regulatory landscape for implementing rotational boards, employing a rigorous doctrinal approach. The analysis delves into primary sources of data, such as the relevant Acts of the National Assembly and pertinent case law, while the secondary data are mainly books, journals, periodicals and web-based materials. In addition, the work proposes further research to explore specific regulatory frameworks and best practices tailored to the Nigerian context.
ORIGINAL RESEARCH ARTICLE | June 15, 2024
Law Enforcement against the Crime of Illegal Workforce Placement
Ricky Firmansyah, Sri Endah Wahyuningsih, Anis Mashdurohatun
Page no 225-232 |
DOI: 10.36348/sijlcj.2024.v07i06.003
The aim of this research is to analyze law enforcement regarding the criminal act of illegal work placement. The approach method used is sociological juridical. The types of data used are primary and secondary data. The research results found that Law Enforcement of the Crime of Illegal Workforce Placement has not been running optimally considering: There is still a lack of job opportunities in Indonesia, so workers are forced to choose to work abroad via Batam in order to get a decent life; Indonesia is an archipelagic country, so law enforcement in cases of illegal Indonesian Migrant Workers is quite difficult considering that a large archipelagic country like Indonesia opens up opportunities for violations to be committed; The government has not accommodated Indonesian Migrant Workers as victims of illegal Indonesian Migrant Workers, resulting in law enforcement that is beneficial for all citizens not yet being felt optimally. For this reason, the need for law enforcement related to criminal acts of illegal workforce placement requires a holistic and coordinated approach in which strengthening cooperation between related parties must be built by increasing cooperation between law enforcement agencies.
ORIGINAL RESEARCH ARTICLE | June 15, 2024
Custody of Compensation in Land Acquisition for Development in the Public Interest
Taufik Rokhman, Anis Mashdurohatun
Page no 233-239 |
DOI: 10.36348/sijlcj.2024.v07i06.004
The aim of this research is to analyze and find regulations regarding the maintenance of compensation for land acquisition for development in the public interest that are not based on justice. To analyze and find weaknesses in current regulations regarding the maintenance of compensation for land acquisition for development in the public interest. This research uses a sociological juridical approach. The specification of this research is qualitative research, namely legal research using empirical interviews with several informants. The interview aims to dig deeper into what the researcher wants to know by digging deeper into information from existing sources with dialectical exchanges between researchers and informants regarding Custody. compensation for land acquisition for public development. The research results found that the provision of compensation for land acquisition for development in the public interest was not based on justice as regulated in Article 68 Paragraph (1) letter f, Article 69 Paragraph (2), Article 85 A and Article 89 paragraph (1), paragraph (2) and paragraph (3) Government Regulation Number 39 of 2023 concerning Amendments to Government Regulation Number 19 2021 concerning the Implementation of Land Acquisition for Development in the Public Interest, and Article 132 paragraph (6) Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 19 of 2021 concerning Provisions for Implementing Government Regulation Number 19 of 2021 concerning the Implementation of Land Acquisition for Development for the Public Interest, and Article 42 paragraph (3) of Law Number 6 of 2023 concerning the Stipulation of Government Regulations in Lieu of Law Number 2 of 2022 concerning Job Creation into Law.
REVIEW ARTICLE | June 20, 2024
Striking a Balance: Streamlining Environmental Licensing for Business Growth and Environmental Protection in Indonesia
Fathoni, Sri Sulastuti, Rifka Yudhi, Hieronymus Soerjatisnanta
Page no 240-248 |
DOI: 10.36348/sijlcj.2024.v07i06.005
Indonesia's environmental licensing process is critical for regulating business activities and safeguarding the environment. This analysis explores the interaction between this process and the government's recent efforts to enhance "ease of doing business." Before streamlining measures, obtaining environmental permits was a complex and time-consuming ordeal. Businesses faced difficulties meeting stringent requirements and navigating a bureaucratic labyrinth. The "ease of doing business" provisions aim to simplify procedures and expedite permit acquisition, ideally without compromising environmental protection. The paper emphasizes the importance of achieving a balance between efficiency and environmental protection. While streamlining can improve business competitiveness, a decline in environmental impact assessment quality could have negative consequences. The discussion also explores the various obstacles hindering the current licensing process, including complex bureaucracy, high costs, and limited interagency coordination. To overcome these challenges, the paper suggests measures to simplify procedures, improve communication between government agencies, and raise environmental awareness among businesses. By effectively integrating ease of doing business with environmental considerations, Indonesia can create a more efficient licensing system that fosters sustainable economic growth.