Basel Efforts in the Fight Against Toxic E-waste Colonialism: What Prospects for Effectiveness?
Ntaima Malyse Kendeh
Page Numbers : 495-506
DOI : 10.36348/sijlcj.2022.v05i11.004
The invasion of developing countries by hazardous e-waste traders in quests for sites to dispose of their consignments of waste is not a recent phenomenon. These activities have continued regardless and in defiance of the Basel Convention as the main global instrument regulating the Transboundary movement of hazardous wastes. This article therefore provides a concise overview of the effectiveness of the Basel Convention in the fight against the Transboundary movement of e-waste from developed Countries to third world countries. Adopting an analytical research method, it is uncovered that even though the Basel Convention is instrumental in the regulation of Transboundary movements of e-waste to developing countries, its effectiveness is marred by inherent loopholes in the convention, namely: the verification problem in the PIC procedure and the recycling and reuse loopholes amongst others. It is argued that in order to halt the movement of e-waste to developing countries, the recycling and reuse loopholes must be mended. The PIC procedure in the Convention must also be manned with monitoring structures.
Original Research Article
Nov. 22, 2022
Legal Reconstruction of Narcotics Abuser Based on the Value of Benefit
Yusup Hadiyanto, Gunarto, Jawade Hafidz
Page Numbers : 477-482
DOI : 10.36348/sijlcj.2022.v05i11.001
The purposes of this study are to analyze and find the weaknesses of the Law on Narcotics Abuser in Indonesia Currently and How is the Reconstruction of the Law on Narcotics Abuser based on Benefit Value in a research that uses an Normative-juridical approach where The data collection method used is sourced from secondary data and primary data which was carried out using qualitative analysis methods. The results of the study show that the Weaknesses of the law on narcotics abuser are in the list of the grade of the narcotics contained in the narcotics law that are not up to date as some of the narcotics in the list have been removed in various countries such as Cannabis. This problem not only causes Cannabis Abuser Prisoned although their position should be as “victim” but also one of the factors that causes Overcrowding in Prison in Indonesia. The reconstruction as intended by the author are not in the form of substantial law reconstruction but rather a structural law reconstruction where the Narcotics Law Article 8 (2) which states that In limited quantities, Narcotics Category I can be used for scientific development purposes knowledge and technology and for diagnostic reagents, as well as laboratory reagents after obtaining Minister's approval on the recommendation of the Head of the Agency Food and Drug Supervisor need to be upheld higher and if necessary to add an extra paragraph in the law to appoint the ministry of health together with National Narcotics Bodies to create a Joint Research Bodies that are obliged to conduct research related to the use of narcotics. By using this approach, not only the law’s narcotics list of grade can be justified and are up to date, the overcrowding problem in the prison can be minimized.
Original Research Article
Nov. 22, 2022
Legal Reconstruction of Intellectual Property Rights as Joint Property in Marriage Based on Justice Value
Jamadi, Eman Suparman, Anis Mashdurohatun
Page Numbers : 489-494
DOI : 10.36348/sijlcj.2022.v05i11.003
The purpose of this study is to examine the weaknesses that arise as a result of IPR as joint property that is not regulated in the legislation regarding IPR and develop IPR as joint property and how to distribute it in case of divorce based on justice value. The method used in this research is socio-legal (Socio-legal Research) which uses primary data and secondary data. Meanwhile, the technique of collecting data is through library research and field studies, and Analytical descriptive data analysis. The results of this study indicate that the IPR legislation in Indonesia does not regulate IPR as joint property because it is heavily influenced by the TRIPS (Trade-Related Aspects of Intellectual Property Rights) agreement, none of which mentions IPR as joint property. As a result, it creates weaknesses, including the positive law of IPR that is unable to answer and provide solutions to the problems of joint property that arise in Indonesian society, making it difficult for law enforcers to make decisions on issues of joint property in the form of IPR, the disparity in decisions by one law enforcer with others, and community rights related to IPR as joint property are not fully obtained by the community. This research also proposes legal reconstruction in the form of a new legal norm/rule, that the economic value derived from all types of IPR including Copyrights, Patents, Trademarks, and Geographical Indications, Trade Secrets, Industrial Designs, Plant Variety Protection, and Layout Designs of Integrated Circuits registered during marriage to become a joint property of husband and wife as long as it is not stipulated otherwise in the marriage agreement and the distribution after the breakup of marriage each gets half as long as husband and wife carry out their responsibilities, obligations, and duties properly in the household, if husband and wife are not / less able to carry out their responsibilities, obligations, and duties well 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 of joint assets 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 IPR Economic Rights will only result in legal consequences for third parties after being registered at the Directorate General of Intellectual Property Rights.
Original Research Article
Nov. 22, 2022
Legal Reconstruction of the Multi-Stakeholder Union Model Regulation Based on Pancasila Justice Value
Ilham Akbar, Ahmad Rofiq, Umar Ma’ruf
Page Numbers : 483-488
DOI : 10.36348/sijlcj.2022.v05i11.002
This study aims to criticize the legal construction of multi-stakeholder unions which are not in line with the principles of Pancasila justice. From this critical study, new theories/ideas were generated regarding the system and arrangement of multi-stakeholder unions that are just Pancasila through the reconstruction of Ministerial Regulation no. 08 of 2021 concerning Unions with a Multi-Stakeholder Model using a constructivism paradigm with a normative juridical approach. This type of research is descriptive qualitative. This study uses 4 problem approaches, namely the statute approach, the historical case approach, the comparative approach to law, and the conceptual approach. The legal materials used in this research are primary legal materials and secondary legal materials with data collection methods through library research. Data analysis in this study used qualitative analysis. The results show that the legal construction of multi-stakeholder unions in Indonesia is not in line with the values and principles of Pancasila justice as There is a principle discrepancy between the substance or legal norms of the Regulation of the Minister of Union and Small and Micro Enterprises (PERMENKUKM) no. 08/2021 with the principle of kinship in the 1945 Constitution of the Republic of Indonesia, there is also conflicting legal substances or norms between the lower regulation (PERMENKUKM No. 08/2021) and the higher regulation (Law No. 25/1992 and the Job Creation Law). Then, The existence of material content or legal norms PERMENKUKM No. 08/2021 which exceeds the material limit of a ministerial regulation regulated in Law No. 12/2011 and Law no. 15/2019. Based on this, it is necessary to reconstruct a number of norms in Ministerial Regulation no. 08 of 2021 concerning Unions with a Multi-Stakeholder Model, reconstruction of legal structures or institutions is needed in the form of increasing the ability and understanding of the Ministry of Unions and Small and Medium Enterprises towards Unions and reconstruction of legal culture in the community and union managers.
Review Article
Oct. 18, 2022
Iranian Criminal Justice System from the Perspective of Restorative Justice Models
Esmaeil Rahiminejad
Page Numbers : 468-476
DOI : 10.36348/sijlcj.2022.v05i10.010
Different systems of criminal policy including governmental and social have followed various restorative justice models such as "abolitionist or pure-minded", "separatist or autonomous" and "reformist or maximalist", based on their prevailing political, doctrinal, and ideological values and discourses, and in this regard have focused on various restorative programs such as arbitration councils, mediation, family sessions, as well as healing and sentencing circles. Iranian criminal justice system, unlike other systems, has adopted a different approach to restorative justice, due to its special legal and political structure. This paper analyzes the structure of this system from the perspective of restorative justice models and processes. It explains the prevailing and common model of restorative justice in this system and its limitations and challenges.
Original Research Article
Oct. 14, 2022
Legal Reconstruction on Talak Divorce Regulation Based on Justice Value
Gunarto, Subroto, Anis Mashdurohatun
Page Numbers : 462-467
DOI : 10.36348/sijlcj.2022.v05i10.009
The aims of this study are to analyze and find weaknesses in the regulation of legal protection for wives who have been talak divorced by their husbands due to their husband's mistakes and to find a reconstruction of legal protection regulations for wives who are talak divorced by their husbands due to the husband's mistakes based on the value of justice in a research that uses constructivism paradigm. The approach method used is empirical juridical, namely the application of normative legal provisions in action on divorce legal events, especially divorce divorces. The data used are primary data, secondary data, and tertiary data which were analyzed descriptively. The legal theory used is the theory of Islamic justice, the theory of the legal system and the theory of legal protection. The results of the study show that the weakness of the regulation of legal protection for wives who got talak divorced by their husbands due to the husband's fault lies in the unclear article on the type of reason for the divorce and its consequences, especially when the husband who handed down the divorce was the perpetrator of the affair, and the wife as the victim did not receive compensation. therefore, the legal reconstruction can be done by adding new norms to Article 41 of Law no. 16 of 2019 concerning Amendments to Law No. 1 of 1974 concerning Marriage, and also Article 149 of the Presidential Instruction (INPRES) No. 1 of 1991 concerning the KHI, namely: "The ex-husband is obliged to provide compensation in the form of a year's income to the ex-wife if the divorce is due to the husband's fault, but if the husband is unable to fulfill it then he must make a statement of incapacity and apologize to the wife for not being able to do so able to pay for it.”
Review Article
Oct. 12, 2022
Legislative Immunity in Nigeria and the Arrest of Senator Rochas Okorocha by the Economic and Financial Crimes Commission: Interrogating the Law against the Sentiments
Ugochukwu Charles Kanu, D. O Okanyi, Leonard Ibekwe Ugwu
Page Numbers : 433-440
DOI : 10.36348/sijlcj.2022.v05i10.006
It is not unusual in Nigeria for persons to engage in confrontation with law enforcement officers in Nigeria at the point of attempt to arrest them. This nation became saddled with this development on the evening of the 24th day of May 2022 when virtually all the television channels in Nigeria and the social media was agog with live pictures from the Abuja, Federal Capital Territory residence of His Excellency Senator Rochas Okorocha. The operatives of the Economic and Financial Crimes Commission (hereinafter referred to as EFCC) with the Nigerian Police in an attempt to arrest the senator encountered resistance as he refused to surrender himself to the law enforcement agents but rather locked all the entrances to his residence. Reasonable force was deployed and some part of the roof and ceiling was pulled off in order to secure access to before he was arrested. This paper seeks to question the propriety or impropriety of the destruction of his property in an attempt to arrest the Senator without warrant of arrest; to examine the immunity of the senator from arrest being a serving senator and a former Governor of a State under the Nigerian laws in comparison with what obtains in foreign jurisdictions.
