Open Journal for Legal Studies最新文献

{"title":"Towards Safeguarding Rural Communities’ Social and Economic Interests Through Communal Property Law","authors":"W. Schoeman, M. Rapatsa","doi":"10.32591/coas.ojls.0401.03031s","DOIUrl":"https://doi.org/10.32591/coas.ojls.0401.03031s","url":null,"abstract":"South Africa’s incessant Corporate Law Reforms do offer vast opportunities for rural communities to be actively involved in their own social and economic development. This article discusses the practicability of using a private company to promote and develop social and economic interests of rural communities. The fundamental question is: what constitute proper administration and socio-economic development in a rural context? It takes into account, the fact that the post-1994 democratic dispensation has made some effort to develop and strengthen the constitutional property rights, and the social and economic development of the previously disadvantaged rural communities. This encompassed the idea of, somewhat, relying on civil society institutions to manage and develop property rights of rural communities. Nonetheless, it should be noted that the success thereof is dubious since the development and operation of civil society institutions in these communities are constantly under threat and undermined by the tenacity of conflicts between administrators and the traditional leadership. It is asserted that there is an incessant need to resolve fundamental aspects relating to law, application of legal norms and achievement of social justice in a rural context.","PeriodicalId":125595,"journal":{"name":"Open Journal for Legal Studies","volume":"53 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116602121","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"A Critical Examination of Breeders’ Monopoly Rights to the Detriment of Farmers’ Rights Under the Ethiopian Plant Breeders’ Rights Law","authors":"Temesgen Abebe Degu","doi":"10.32591/COAS.OJLS.0401.02019D","DOIUrl":"https://doi.org/10.32591/COAS.OJLS.0401.02019D","url":null,"abstract":"Ethiopia adopted plant breeders’ rights proclamation in 2006 to provide recognition and economic reward for breeders for their effort and investment so as to encourage their involvement in the sector. At the same time, the proclamation aims to ensure that the farming and pastoral communities of Ethiopia, who have been conserving and continue to do so in the future the agro-biodiversity resource used to develop new plant varieties, continue to their centuries old customary practice of use and exchange of seed. This article aims at investigating the extent to which the proclamation accommodates its stated objective by giving adequate recognition to farmers’ rights. The investigation adopts a qualitative method by analyzing both primary materials and secondary sources. The article concludes that the Ethiopian plant breeders’ rights proclamation fails to adequately incorporate farmers’ rights beyond its preamble.","PeriodicalId":125595,"journal":{"name":"Open Journal for Legal Studies","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127248671","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Urgency for the Implementation of Transition Norm “Lex Favor Reo” in the Imposition of Tax Sanction in Indonesia","authors":"Lara Abdel Halim, S. Sudarsono, T. Negara, H. Hadi","doi":"10.32591/coas.ojls.0302.07153h","DOIUrl":"https://doi.org/10.32591/coas.ojls.0302.07153h","url":null,"abstract":"Taxation regulations in Indonesia are very dynamic, due to frequent changes in tax laws and regulations. Taxpayers need to make extra efforts to keep abreast of the latest tax regulations. This can cause taxpayers to experience difficulties in carrying out their tax obligations. On the other hand, Indonesia adheres to the principle of legal fiction, so that for every statutory regulation that has been promulgated, the public is deemed to have known the law and understands it, so that there is no excuse for the violations to the law. Problem may arise when the tax authorities conduct tax audits on taxpayers and find the taxpayers do not carry out tax obligations in accordance with the taxation provisions in effect at the time the transaction happens, so that the tax authorities will impose tax sanctions on taxpayers in accordance with the tax regulations in force at the time when the transactions happen, not based on the latest tax regulations, which are in effect when the taxpayer’s error is discovered by the tax authorities. The imposition of these sanctions raises a problem: has the imposition of tax sanctions provided justice and legal certainty? How is the imposition of tax sanctions that provide justice and legal certainty? Legal certainty is one of the main factors for investors in deciding which countries to invest in. Therefore, in our opinion, a “new model for the imposition of tax sanctions” is needed in Indonesia, namely by applying the Lex Favor Reo Transitoir (transition) principle in the imposition of tax sanctions. This research is significant to conduct, so that the imposition of tax sanctions provides better justice and legal service. The application of the “new model of imposition of tax sanctions” also has urgency, so that the imposition of tax sanctions for taxpayers provides a sense of justice and legal certainty which in turn can attract investors to invest in Indonesia as well as to avoid capital flight. This condition will make Indonesian economy grow rapidly and, in the end, will increase state revenue from taxes.","PeriodicalId":125595,"journal":{"name":"Open Journal for Legal Studies","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124210897","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Traffic Policy towards the Current of Refugees and Subscribers Movement in Reforming State Sovereignty","authors":"Lisda Syamsumardian, Abdul Rachmad Budiono, M. Fadli, D. Puspitawati","doi":"10.32591/COAS.OJLS.0302.08167S","DOIUrl":"https://doi.org/10.32591/COAS.OJLS.0302.08167S","url":null,"abstract":"Countries like Indonesia that have immigration routes will look at every foreigner’s problem from an immigration point of view. Foreigners who enter Indonesia without travel documents are considered illegal. When referring to concrete cases, generally refugees or asylum seekers may not have complete travel documents. Because it is impossible for them to be forced to leave their country, by first obtaining a visa, passport, or other correspondence. In most cases that occur, refugees or asylum seekers do not have complete travel documents. So, in order to maintain sovereignty in the authority of immigration supervision, it is very important to research related Immigration traffic. The problem raised in this paper is how the monitoring mechanism of immigration traffic, in order to reinforce the concept of sovereignty. In writing this journal the author uses a statutory approach, a case approach, and a sociological approach. The method used in this paper is a normative juridical method so that answers will be found in the form of a descriptive perspective. The conclusion in this paper is that the policy on the flow of refugee movements into Indonesia is not in accordance with the concept of sovereignty, where the regulation of the flow of refugee movements is very vulnerable to the aspects of crime (trafficking in persons, narcotics, prostitution, etc.), in fact the sovereignty of the state become a protector for refugees who come to Indonesia, from international and national crime systems, and that is often misunderstood. So, the suggestion from this research is that immigration should be given space in the framework of supervision for Refugees and Asylum Seekers, which have been under the authority of the Immigration Detention Center (RUDENIM).","PeriodicalId":125595,"journal":{"name":"Open Journal for Legal Studies","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133887899","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Study of Omnibus Law on the Legal Politics of the Indonesian Government in Using Foreign Workers","authors":"B. Woeryono","doi":"10.32591/coas.ojls.0302.06143w","DOIUrl":"https://doi.org/10.32591/coas.ojls.0302.06143w","url":null,"abstract":"The Employment Law Cluster in the field of foreign workers, as summarized in the Employment Creation Law, as a result of the Omnibus Law method, is very important to implement because the existing regulations have become chronically obese, obese rules but many hinder investment, so that development and progress of the Indonesian state is hampered, even though Indonesia has declared that it is part of the ASEAN Economic Community (MEA) and is on the line of the 4.0 Industrial Revolution.","PeriodicalId":125595,"journal":{"name":"Open Journal for Legal Studies","volume":"63 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127099743","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Adopting Passing off Concept of Unfair Competition Into Indonesia’s Trademark Law","authors":"Ali Osky Murbiantoro, Rachmad Safa’at, Yuliati Yuliati, S. Sukarmi","doi":"10.32591/coas.ojls.0302.05133m","DOIUrl":"https://doi.org/10.32591/coas.ojls.0302.05133m","url":null,"abstract":"The application of the concepts of unfair competition in Indonesia’s Trademark Law is one of the reasons as a proper solution in providing justification and argumentation basis, in terms of to answer the issue of impersonation of trademarks on different kinds goods, particularly for impersonation of domestic well known mark obtains sufficient legal basis due to the existence of protection and legal certainty for the trademark owner which is impersonated thereof. The current Indonesia trademark law basically only provide trademark lawsuit in terms of cancellation for registered mark; legal damages claim. Both lawsuits related to using unauthorized registered mark based on overall or basic similarities in the same kind of goods, although unauthorized use in different kind of good is possible to be sued but it is restricted for international well-known mark only. In addition there is such trademark lawsuit in connection with deletion registered mark means this proceeding enforce when the registered mark does not use for three years as of the mark registered. Considering that actually the concept of unfair competition basically reflect to the understanding of unlawful act (tort) which stating in the article 1365 Indonesia’s Civil Code. However, this understanding is not covered in Indonesia’s Trademark law instead of it is enforced in Indonesia’s civil law and civil procedure. Hence, if there is a trademark impersonation dispute in the different kinds of goods, the resolution of the dispute will refer to unlawful act and that lawsuit will be trialed by regular district court, even though based on trademark law for trademark lawsuit should be trialed by commercial court. Therefore, it is lead to uncertainty in terms of the authorize court which is examined and handled the said case. To include the concept of unfair competition as a part of trademark violation into Indonesia’s trademark law hopefully enable to anticipate in reducing any kind of types trademark violation occurred including in the form of violation such impersonation of domestic well-known mark in different kind of goods. This research is normative legal research with a legislation, concept, and comparative approach. The legal material with technical analysis is done by the method of interpretation. Comparing to the concept of unfair competition, passing off within Indonesia’s trademark law; International Trademark Convention will answers whether the understanding of unfair competition applied in the trademark violation in Indonesia particularly in connection with the issues of impersonation towards registered of well-known mark domestically is already proper either for domestic or worldwide perspective.","PeriodicalId":125595,"journal":{"name":"Open Journal for Legal Studies","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115443437","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Relation of Gender and Feminism in Islamic Jurisprudence","authors":"Fokky Fuad Wasitaatmadja, S. Susianto, S. Supendi","doi":"10.32591/coas.ojls.0302.04125w","DOIUrl":"https://doi.org/10.32591/coas.ojls.0302.04125w","url":null,"abstract":"Research on the relation of gender in Islamic Jurisprudence field always sparks the interest to study because of several things: the idea of power relations which has been touted as a thought that subordinates the role of women in their dynamic movements. Second, the role of the text of the Holy Qur'an in seeing and explaining gender relations in Islam, specifically when influencing or influenced by local culture. The main research question to be revealed is: how does the concept developed in Islamic Jurisprudence schools interpret the relations of men and women? The theoretical framework developed in this study is based on the thought which built in the Islamic Jurisprudence Schools. Sachiko Murata sees that there is a relationship between cultural understanding and the understanding of God in the relationship of men and women. The research method applied in this research is prescriptive normative legal method with conceptual approach. The conclusion in this study states that in the narrative approach to the Holy Qur'an, there is no significant power relation that degrades, dominates, or subordinates the role of women in Islam. Spatial structure of culture becomes a matter of concern when there is submission in the role of women in their socio-cultural environment. The narrative text of the Holy Qur’an explains the high appreciation of domestic and public roles for women. Feminism itself can be traced in various narrative texts in the Holy Qur'an that place women in a place of honor.","PeriodicalId":125595,"journal":{"name":"Open Journal for Legal Studies","volume":"67 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-09-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131401527","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Issues of Legitimacy for Children of Polygamous Marriage in US Immigration Practices","authors":"Kenneth I. Granle Jr.","doi":"10.32591/coas.ojls.0301.06079g","DOIUrl":"https://doi.org/10.32591/coas.ojls.0301.06079g","url":null,"abstract":"The government of the United States does not recognize the children of polygamous marriages abroad as legitimate, causing myriad issues for a significant number of immigrants seeking citizenship through derivation. The proposal put forth in this article suggests that the US government automatically recognize these children as legitimate and stop requiring them to provide further proof of their legitimacy. A review of case law in which questions of legitimacy have been answered by relying on a petitioner’s country of origin will show that the US government already accepts other foreign practices concerning marriage and children. Additionally, further issues surrounding polygamy, legitimation, and US immigration practices will be addressed.","PeriodicalId":125595,"journal":{"name":"Open Journal for Legal Studies","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-07-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115323663","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Zambian Constitutional Normativity on Religion","authors":"A. Maniatis","doi":"10.32591/coas.ojls.0301.05069m","DOIUrl":"https://doi.org/10.32591/coas.ojls.0301.05069m","url":null,"abstract":"The Republic of Zambia from scratch has consecrated the freedom of religion as a constitutional right. From 1996 and onwards, it has gradually consecrated Christianism in the 1991 Constitution. In a similar way, it attempts to amend its Constitution as far as inter alia religious matters are concerned. This amendment implicates the replacement of the word “multi-religious’’ by the word’ “Christian’’, as for Zambian nation and State. In a similar way, the “morality and ethics’’ as one of the national values and principles are proposed to be transformed into “Christian morality and ethics’’. These proposed changes are in opposition to the constitutional principle of pluralism (multi-culturalism) whilst both democracy and freedom of religion are limited by the Constitution, allowing no political parties founded on religious basis.","PeriodicalId":125595,"journal":{"name":"Open Journal for Legal Studies","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128268298","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Bulgaria and the Istanbul Convention – Law, Politics and Propaganda vs. the Rights of Victims of Gender-based Violence","authors":"Miriana Ilcheva","doi":"10.32591/coas.ojls.0301.04049i","DOIUrl":"https://doi.org/10.32591/coas.ojls.0301.04049i","url":null,"abstract":"The following article deals with the debate among institutions, victim support NGOs and various religiously affiliated entities protecting “family values”, as regards the ratification by Bulgaria of the Council of Europe Convention on preventing and combating violence against women (Istanbul Convention). The debate was deeply influenced by an active campaign against the document, which was ultimately declared by the country’s Constitutional Court unconstitutional. The article then examines the long-lasting consequences of the campaign, having led to the rejection of several other key victim protection documents and to the overall undermining of the protection of victims of gender-based violence in Bulgaria.","PeriodicalId":125595,"journal":{"name":"Open Journal for Legal Studies","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127920997","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}