ORIGINAL RESEARCH ARTICLE | Feb. 18, 2019
Law Enforcement Urgency on Copyright Infringement (Response to the Lack of Legal Protection of Copyright in Indonesia)
Maulana Saputra Sauala, Teguh Prasetyo, Sukarmi
Page no 62-68 |
10.21276/sjhss.2019.4.2.1
Intellectual Property Rights (IPRs) are generally classified into two main categories of which are copyright and industry
property rights. The scope of copyright is a creative work in the field of science, art, and literature, while the scope of the
Industrial Property Rights is in technology. In IPR terminology known term creators and/or inventors. The current study
uses a legal approach with data collection procedures that are characterized by library research that is deductively
processed. Qualitative research analysis aimed to find out how the law urgency was setting up copyright. Based on the
results of the study, it is concluded that there are laws and regulations governing copyright. In Indonesia, the legal
regulation of copyright has been regulated in the Law Number 28 of 2014 on Copyright. After being reviewed, the
authors discovered some disadvantages and advantages contained in the legislation governing local artworks that are
expected to be review material for improvement on the next legislation.
REVIEW ARTICLE | Feb. 14, 2019
Arab National Security (Dimensions, Perceptions, Challenges, Risks and Future Strategy)
Dr. Mohammad Salim Al-Rawashdeh
Page no 69-82 |
10.21276/sjhss.2019.4.2.2
Security is a cornerstone of development and progress in a free society. A basic and widespread understanding of the
importance of security as a guarantee of citizens’ well-being and the stability of the State itself is therefore essential.
Moreover, the Middle East is home to many diverse peoples, with ancient and proud cultures, in varying stages of
political and socio-economic development, often times in conflict. Now in a state of historic flux, the Arab Spring has
transformed the Middle Eastern landscape, with great consequence for the Arab national security strategies of the
neighboring countries and their foreign relations. The Arab National security environment in the Arab World has become
increasingly complicated after the independence. This paper identifies several important trends that are shaping the Arab
national security and identifies their implications with the rest of the world However; ongoing domestic changes
throughout the region will become increasingly important as well. Issues such as political reform, Arab spring revolution,
economic reform, civil-military relations, leadership change, and the information revolution are all affecting the regional
security dynamics. This research paper examines each of these issue areas and identifies some of the challenges that they
pose for the Arab world international relations. The paper covered, Dimensions, perceptions, risks and future strategy
security; challenges of natural geography; political contestation following the Arab Spring and state responses; the
military tool; armed non-state actors; US Middle East policy; regional security architecture; and the historical role of the
army in Middle East state-building. The National security is a concept that a government, along with its parliaments,
should protect the state and its citizens against all kind of "national" crises through a variety of power projections, such as
political power, diplomacy, economic power, military might, and so on.
ORIGINAL RESEARCH ARTICLE | Feb. 20, 2019
The Ideal Concept of Corporate Social Responsibility through the Social Welfare Approach
Miftah Arifin, Gunarto, Maryanto
Page no 83-91 |
10.21276/sjhss.2019.4.2.3
As the legal subject of the company in the course of business undertaken by its managing business has the burden of
moral rights and responsibilities, and it is not just for moral responsibility and obligation to shareholders or investors
only. However, the company's management also has the responsibility and moral obligation to other parties related to the
business operations of a company. The concept of CSR embodies the meaning that the company has a responsibility that
includes legal, economic, ethical, and environmental responsibility. The present study used a constructivism paradigm or
more precisely Legal Constructivism. This paradigm belongs to a group of non-positivistic paradigms. The constructivism
paradigm chose it by considering that the law is a social reality; thus the truth depends on how people interpret. Through
the constructivism paradigm, the authors want to study objectively with accurate data, then constructed through legal
concepts that are still being tested for their strengths. The specification of this research is descriptive analytical. Ten
manufacturing companies in this study admit they have been implementing the CSR program for ten years. Hence the
significance of regulation about their CSR is understood. In fact, there has been a change in the paradigm of the
implementation of CSR initially only a philanthropic act that is temporary, as government rules and community demands
are further evolving into a sustainable CSR implementation paradigm. The manufacturing company argues that by
applying CSR programs to communities around the operational areas of the company can enhance the image and caring
for the fellow to have a good effect to improve the welfare of the people around the company.
ORIGINAL RESEARCH ARTICLE | Feb. 22, 2019
Parental Perception towards Free Primary Education Policy Implementation among Pastoralists in West Pokot County, Kenya
Barmao Kipkorir Paul
Page no 92-100 |
10.21276/sjhss.2019.4.2.4
Pastoralists are a group of people who inhabit harsh and remote regions of Kenya. Pasture and water for their animals
dominate their priorities. This paper is premised on the findings of a study that sought to establish parental perceptions
towards the implementation of free primary education among pastoralists in West Pokot County, Kenya. Respondents
were the parents, teachers and pupils from selected schools in the county. The study was guided by the Rational Action
Theory advanced by Goldthorpe. A pragmatic research paradigm, in which a descriptive research design was employed,
was adopted. The target population comprised 60,000 pupils, 503 head teachers and parents in 503 primary schools. The
study used a sample size of 300 pupils, 50 head teachers and 50 parents selected using purposive sampling technique.
Both quantitative and qualitative data were collected using a questionnaire. Pearson correlation and regression analyses
were computed to test the level of association between variables and to test the hypotheses respectively. Qualitative data
were analysed through reporting themes that emerged. The themes emerging from secondary data were identified to
augment the primary data. The results of correlations indicated that the Pearson correlation coefficient between parental
perception and free primary education policy implementation was 0.792, indicating a strong positive association between
parental perception and free primary education policy implementation in the county. Further, results of the regression
coefficients revealed that parents’ perception (β=0.027, p<0.05) was significant to free primary education policy.
Although parents of pastoralist communities in West Pokot County are positive towards the FPE implementation, more
resources need to be directed to them to realize a more gainful venture in education in the region.
ORIGINAL RESEARCH ARTICLE | Feb. 25, 2019
Background and Purpose of Imposing One-Third of the Salary of a Muslim Civil Servant Husband to a Former Post-Divorce Wife
Rifai, Mahmutarom HR, Akhmad Khisni
Page no 101-108 |
10.21276/sjhss.2019.4.2.5
Inequality in the provision of income under Article 8 PP 10/1983 Jo PP 45/1990 because the PP is strongly influenced by
the current ruling authorities up to the legal product Conservative /Orthodox/elitist, law as a Political tool, Government
tool, law closed because of the role and participation of small communities. In the reform era, the second provision of PP
was irrelevant. The purpose is Article 8 PP10 / 1983 Jo PP45 / 1990 to prevent the divorce of civil servants and to create
discriminatory law and injustice. Both of these Government Regulations (PP) are contrary to the principles of human
rights, basic values of living and developing in the midst of society such as the appropriate Islamic law as ground norms,
the 1945 Constitution Article 28D Jo Article 29 and the principle of modern democratic state (welfare state), the
expectation of the article is for the smooth running of civil service duties, and as a means of enhancing the discipline of
civil servants. However, both Articles of the two PPs substantially complicate marriage and civil servant divorce such as
(UUP) because it restricts the marriage and civil servants divorce with strict requirements. The purpose of this study is to
describe and analyze the background and the purpose of setting one-third of the salary of a husband to a former postdivorce wife. This present study uses the legal constructivism method with non-positivistic paradigm (ontological,
epistemological and axiology where the author is a facilitator). With the socio-legal research approach, and using primary
and secondary data sources, primary legal materials, secondary legal materials, and non-legal materials.
ORIGINAL RESEARCH ARTICLE | Feb. 25, 2019
Regulation and Implementation of Wali Adhol in Practice at the Religious Courts
Nursaidah, Mahmutarom HR, Akhmad Khisni
Page no 109-113 |
10.21276/sjhss.2019.4.2.6
"Wali" in marriage is a pillar which should be fulfilled for prospective brides as in Article 19 through 23 Islamic Law
Compilation and Article 18 of Regulation of the Minister of Religion Number 11 the Year 2007 on Marriage
Registration. The necessity of a guardian (Wali) in marriage is basically an agreement of the majority of scholars, except
the Hanafiyah schools that do not require a guardianship (Wali) for women, because Wali of marriage is harmonious,
then marriage without her guardian marriage is invalid. Article 2 of Law Number 3 the Year 2006 on Religious Court
states that Religious Courts are one of the perpetrators of judicial power for the people of Islamic justice seekers on
certain cases, as referred to in this Law include certain cases in the term of application for a guardian's determination
(Wali Adhol). In practice, Wali Adhol case is classified as a volunteer who only involves the prospective bride as a
Petitioner without any other party made to the applicant. Regulations and Implementation of Wali Adhol's determination
in the practice of execution in the Religious Courts are based on Book II Guidelines for Implementation of Duties and
Administrative Courts MARI Dirjen Badilag page 139 Letter C “Wali Adhol” at point 4 that the case of Wali Adhol is
Volunteer with the legal product of determination. This research uses a socio-legal research approach covering two main
aspects: (i) legal research aspect, that is, research object remains a law in the meaning of "norms" of law, rule, principle,
concept, theory, and doctrine of law; (ii) socio-research aspects, namely the use of methods and theories of social
sciences about the law to assist researchers in an analysis.
ORIGINAL RESEARCH ARTICLE | Feb. 28, 2019
Computer Word Processing Competencies and Level of Attainment of Science Teachers in Delta State Secondary Schools
Igbojinwaekwu P. C, PhD, Benwari N. N.
Page no 114-119 |
10.21276/sjhss.2019.4.2.7
This study, using descriptive survey design, investigated basic computer word processing competencies and level of
attainment of secondary school science teachers in Delta State Capital Territory, Nigeria. The population of the study was
150 (90 male and 60 female; 110 urban and 40 rural) science teachers from 15 secondary schools in Delta State Capital
territory. The sample of the study was 135 (84 male and 51 female; 104 urban and 31 rural) science teachers. Five
research questions were posted. A validated and reliable instrument, computer word processing competency attainment
level, was used to collect data. Mean statistic, was used to analyze the data. The results revealed that secondary school
science teachers in Delta State Capital Territory, irrespective of school location and gender, have high basic computer
word processing competency level. Recommendations were given to encourage sustainable high manpower training of
science teachers, in basic computer word processing.
ORIGINAL RESEARCH ARTICLE | Feb. 28, 2019
The Handshake: Analysis of Political Cartoons during Electioneering Period in Kenya
Douglas Nkumbo
Page no 120-131 |
10.21276/sjhss.2019.4.2.8
This study seeks to analyze how cartoons depicted Kenyan political scenario during electioneering period from April
2017 to April 2018. The objectives of the study is to find out how Kenyan electioneering period was framed in political
cartoons through the use of metaphors a clear picture can be constructed by performing a content analysis that reveal
what type of frames were dominants and which kind of metaphor were used. An analysis of 24 cartoons from four major
print media that is The standard, Daily Nation and the Star between April 2017 and April 2018 portraying Kenyan
election period was analyzed in order to find out which frames were prominent during the Kenyan political period and to
evaluate metaphors that cartoonist used to pass out the message. A deductive approach with possible frames
predetermined as variables to verify the extent to which these frames occur in the news was used; therefore five frames
distinguished are: conflict frames, human interest frames, responsibility frame, economic consequences frame and
morality frame were used. Giles theory of conceptual blending where metaphorical scenario and frame are combined was
used to analyze 24 political cartoons. Responsibility frame was the dominant frame. The metaphorical scenario of a fight
was the most recurrent metaphor used in the cartoons of Kenyan election period. The findings of this research show that
political leaders are responsible for igniting and ending political crisis in Kenya. The study will contribute on research
about framing as visual metaphors and provide a contribution towards an analytical tool for cartoons.
ORIGINAL RESEARCH ARTICLE | Feb. 28, 2019
Influence of School Language Policy on Pupils’ Achievement in English Language Composition in Public Primary Schools in Trans-Nzoia West Sub-County, Kenya
Moses W. Sakwa, Stephen Thuku Ndichu, Peter Githae Kaboro
Page no 132-141 |
10.21276/sjhss.2019.4.2.9
The purpose of this study was to investigate the influence of school language policy on pupils‟ achievement in English
composition in public primary schools in Trans-Nzoia West sub-county. The study adopted the descriptive survey
research design. The target population was 1,715 class 8 pupils, 120 teachers of English and 9l head teachers. Purposive
sampling techniques were employed to select 73 head teachers and 92 teachers of English who were involved in the
study. The 313 pupils who participated in the study were selected using proportionate stratified sampling procedures.
Data were collected using the teachers‟ questionnaires, the head teachers‟ interview schedule and pupils‟ English
composition achievement test. The content and face validity of the three instruments were examined by the researcher in
consultation with experts from the department of Curriculum and Education Management of Laikipia University. The
English teachers‟ questionnaire and the English composition achievement test were piloted in 5 schools in Kwanza Subcounty and their reliabilities estimated using the Cronbach coefficient alpha method and the Kuder-Richardson 21
formula respectively. The reliability coefficients of English teachers‟ questionnaire and the English composition
achievement test were .898 and .916 respectively. Data were analyzed with the aid of the Statistical Package for Social
Sciences (SPSS) version 22. The hypothesis was tested at the .05 level of significance using simple regression. The
results of the study revealed that school language policy influences pupils‟ achievement in English composition. The
results of the study should assist teachers to manage and improve the quality of instruction in English composition. The
results of the study should also help the policymakers in the Ministry of Education Science and Technology to develop a
suitable language policy for implementation in all schools in Kenya.