Open Journal for Legal Studies最新文献

{"title":"Arrangement of Authority for Investigators of the National Drug and Food Control Agency (BPOM) in Law Enforcement in the Field of Drugs, Food and Beverages","authors":"Surung Malem, Karo Sekali, Nyoman Nurjaya, Abdul Rachmad Budiono","doi":"10.32591/coas.ojls.0301.03035m","DOIUrl":"https://doi.org/10.32591/coas.ojls.0301.03035m","url":null,"abstract":"Some of the problems faced by the National Drug and Food Control Agency (BPOM) in carrying out their duties, include philosophical problematic of the BPOM’s authority as a drug and food supervisor, does not seem to provide a tendency for justice but has the potential to reverse, theoretical problems with the regulation of BPOM’s authority in the form of a Presidential Regulation","PeriodicalId":125595,"journal":{"name":"Open Journal for Legal Studies","volume":"7 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":"116696431","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":"Legal Certainty Value in Pre-Accusation Institute to Optimize Justice for Justice Seekers: Reconstruction of Pre-Accusation in the Criminal Procedure Code","authors":"L. Pratiwi","doi":"10.32591/coas.ojls.0301.02023p","DOIUrl":"https://doi.org/10.32591/coas.ojls.0301.02023p","url":null,"abstract":"The pre-accusation institute is currently facing an extraordinary problem. The imbalance with the lack of communication between the investigation and the prosecutor is very obvious. Beside the legal vacuum must be how long and how many pre-prosecutions do. Between norms and the relationship and communication between law enforcement officers in the prosecution institution, it can cause the value of justice and legal certainty to be harmed, so that justice seekers receive treatment that does not respect the values of human rights. Concrete step as an effort to restore the function of this pre-prosecution institution is to carry out reconstruction of this institution. The consequence is fixing positive rules as in the Criminal Procedure Code, which can be implemented in the establishment of the Criminal Procedure Code Bill.","PeriodicalId":125595,"journal":{"name":"Open Journal for Legal Studies","volume":"199 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132869171","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":"Construction of Law Enforcement Against Money Laundering Crime With Cyber Laundering Mode","authors":"Muhamad Rakhmat","doi":"10.32591/coas.ojls.0301.01001r","DOIUrl":"https://doi.org/10.32591/coas.ojls.0301.01001r","url":null,"abstract":"If it is understood that all economic crimes (financial crimes) will lead to money laundering, then there should also be a lot of UUTPPU applications for economic crime cases. But in reality the court’s decision on financial crimes related to UUTPPU is not up to 20 decisions, even though the economic crimes that reached the court were very large (especially those that are still in the investigation stage, the number is far more), namely corruption, banking crime, illegal logging, smuggling and others. Based on these data, it can be imagined how long a case must be settled through a judicial process. Not infrequently a criminal case requires three to six years to get a decision. The problem does not stop here, although the decision has been obtained, it is likely that the parties who are dissatisfied with the decision will submit other legal remedies such as appeal or reconsideration. When added up, the total time needed for a decision to have permanent legal force is fifteen to twenty years. Various technological advances were then anticipated with the birth of Law No. 11 of 2008 concerning Information and Electronic Transactions and subsequently written ITE Law. Information, Documents and Electronic Signature Arrangements are set forth in Articles 5 through 12 of the ITE Law. In general, it is said that Electronic Information, and/or Electronic Documents, and/or printouts, are valid legal evidence, which is an extension of legal evidence in accordance with the applicable Procedure Law in Indonesia. Likewise, Electronic Signatures have legal force and legal effect. However, the making of an electronic signature must meet the specified requirements. The threat of using information technology to encourage money laundering has been recognized by many. Professor of Information Technology at the University of Paramadina, Marsudi W. Kisworo stressed that currently the world is trying to fight money laundering through the Internet media, and even the biggest crime on the Internet is money laundering with a percentage of more than 30% of cybercrime.","PeriodicalId":125595,"journal":{"name":"Open Journal for Legal Studies","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129450267","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":"Perspective of Islamic and Custom Law toward the Position of Mamak Kepala Waris in Managing High Ancestral Inheritance in Minangkabau","authors":"Ellyne Dwi Poespasari","doi":"10.32591/coas.ojls.0202.03053p","DOIUrl":"https://doi.org/10.32591/coas.ojls.0202.03053p","url":null,"abstract":"Mamak kepala waris is the title name within a community whose role is to lead the whole community members, to handle, to manage, to observe and to be responsible to the community’s high ancestral inheritance. High ancestral inheritance is a property which owned by family member hereditary from woman side. This study aims to know the perspective of Islamic and custom law toward the position of mamak kepala waris in managing high ancestral inheritance in Minangkabau inhabitants. This study is an empirical juridical research with descriptive analysis methodology using comparative approach. The data were collected through observation, interview, and books, journals and laws theory. The result shows that the way mamak kepala waris manages the high ancestral inheritance is different with Islamic law. In Islamic law, theinheritance will be given to a son and daughter based on the Al-Qur’an and Hadiths. Meanwhile, the custom law in Minangkabau gives the inheritance to the woman lineage only.","PeriodicalId":125595,"journal":{"name":"Open Journal for Legal Studies","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132029105","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":"African Constitutionalism and Barotseland","authors":"A. Maniatis","doi":"10.32591/coas.ojls.0202.02041m","DOIUrl":"https://doi.org/10.32591/coas.ojls.0202.02041m","url":null,"abstract":"Current constitutions of African States, such as Zambia, are a mix of traditional features, exemplified by chieftainship and customary law, and mainly of European-type ones, so they are marked by glocalization. Besides, it is no coincidence that the British protectorate of Barotseland within the protectorate of Northern Rhodesia was incorporated in the Republic of Zambia, with some privileges being granted on the basis of the 1964 Barotseland Agreement, but with no clause in the 1964 Zambian Constitution. Kaunda’s ruling party of Zambia was initially prepared to allow the process of Barotseland’s submission to Zambian rule to transpire gradually and gently, which reminds slightly of the British intervention in the Cretan autonomous State, from 1903 to 1906. The Consul General Howard against the High Commissioner of Crete managed to ‘’…let him down gently’’. In 1969 the Barotseland Agreement was terminated abruptly whilst a revival of this controversial question has recently taken place.","PeriodicalId":125595,"journal":{"name":"Open Journal for Legal Studies","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126535622","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":"Protection of the Right to Life in Kosovo: Does the Performance of Public Authorities in Kosovo Meet the Standards Established by the Case-law of the European Court of Human Rights?","authors":"Bardh Bokshi","doi":"10.32591/coas.ojls.0202.01029b","DOIUrl":"https://doi.org/10.32591/coas.ojls.0202.01029b","url":null,"abstract":"The aim of this paper is to elucidate how public authorities in Kosovo discharge their duty to protect the right to life of individuals who are under their jurisdiction. The analysis will be predicated upon the case-law of Constitutional Court of Kosovo and on that basis actions or failure to act of other public authorities will be analyzed as well. The paper shall address questions of protection of individuals from violent actions perpetrated by private persons, protection of individuals who are under custody of public authorities, compensation of victims and temporal jurisdiction of the Constitutional Court of Kosovo. We shall see whether the performance of public authorities in Kosovo in relation to the right to life can withstand the standards set out by the well-established case law of the European Court of Human Rights or is it a rigid performance characterized by excessive formalism. Abstract Current constitutions of African States, such as Zambia, are a mix of traditional features, exemplified by chieftainship and customary law, and mainly of European-type ones, so they are marked by glocalization. Besides, it is no coincidence that the British protectorate of Barotseland within the protectorate of Northern Rhodesia was incorporated in the Republic of Zambia, with some privileges being granted on the basis of the 1964 Barotseland Agreement, but with no clause in the 1964 Zambian Constitution. Kaunda’s ruling party of Zambia was initially prepared to allow the process of Barotseland’s submission to Zambian rule to transpire gradually and gently, which reminds slightly of the British intervention in the Cretan autonomous State, from 1903 to 1906. The Consul General Howard against the High Commissioner of Crete managed to ‘’…let him down gently’’. In 1969 the Barotseland Agreement was terminated abruptly whilst a revival of this controversial question has recently taken place. Abstract Mamak kepala waris is the title name within a community whose role is to lead the whole community members, to handle, to manage, to observe and to be responsible to the community’s high ancestral inheritance. High ancestral inheritance is a property which owned by family member hereditary from woman side. This study aims to know the perspective of Islamic and custom law toward the position of mamak kepala waris in managing high ancestral inheritance in Minangkabau inhabitants. This study is an empirical juridical research with descriptive analysis methodology using comparative approach. The data were collected through observation, interview, and books, journals and laws theory. The result shows that the way mamak kepala waris manages the high ancestral inheritance is different with Islamic law. In Islamic law, theinheritance will be given to a son and daughter based on the Al-Qur’an and Hadiths. Meanwhile, the custom law in Minangkabau gives the inheritance to the woman lineage only.","PeriodicalId":125595,"journal":{"name":"Open Journal for Legal Studies","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124926173","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":"Improving Higher Education in Europe Through Main Managerial Laws – The Case of Greece","authors":"Stamatis Gargalianos","doi":"10.32591/coas.ojls.0201.03021g","DOIUrl":"https://doi.org/10.32591/coas.ojls.0201.03021g","url":null,"abstract":"","PeriodicalId":125595,"journal":{"name":"Open Journal for Legal Studies","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-11-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114836591","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":"Legal Policy on Trade Facilitation Agreements as a Basic for Legal Policy Development","authors":"Achmad Ridwan Tentowi","doi":"10.32591/COAS.OJLS.0201.01001T","DOIUrl":"https://doi.org/10.32591/COAS.OJLS.0201.01001T","url":null,"abstract":"Global Competitiveness Report 2016-2017 released data on port competitiveness in Indonesia is ranked 41 st , come down from previous ranking which was 47 th . To increase port competitiveness in Indonesia, Indonesia Government ratified Trade Facilitation Agreement (TFA). Context that is claimed in the trade facilitation substantial is the one of the great mainly components on the wheel of Indonesia’s economics and the one of economy development key factors (key word) form particular country. This key factor involved the procedure of maintaining the international products progress, thus it would be more efficient. In the field of economic and business, regulation strategy that is related to the trade facilitation is used upcoming port legal politics to increase the capacity of Indonesia in drawing up and implementing the trade facilitation policy.","PeriodicalId":125595,"journal":{"name":"Open Journal for Legal Studies","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132258675","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":"New Concept of Personality Rights in Romanian and French Law","authors":"Camelia Mihăilă","doi":"10.32591/COAS.OJLS.0201.02011M","DOIUrl":"https://doi.org/10.32591/COAS.OJLS.0201.02011M","url":null,"abstract":"Under the name of personality rights can be defined those rights inherent to the quality of person belonging to any individual by the very fact that he/she is a human being. Since they are rights which are attached to the person, the concept has found its origins even in antiquity, in the form of theatrical masks, in Christianity of the Middle Ages and up to the Modernity of contemporary thinkers. The concept of “personality rights” can be clearly found in the art. 58 of the Romanian Civil Code, which stipulates that “every person has the right to life, health, physical and mental integrity, dignity, an image, respect for private life, as well as other similar rights recognized by law”, and they are not transmissible. However, the French Civil Code does not regulate these rights equally clearly, but interprets them from the contents of civil rights and human body regulations, correlated with the chapters governing the examination of a person's genetic characteristics and the identification of a person by its genetic fingerprints, and brain imaging techniques.","PeriodicalId":125595,"journal":{"name":"Open Journal for Legal Studies","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131691937","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":"Moral Responsibility of State in Case of Vaccine Health Impairment","authors":"Barbara Preložnjak","doi":"10.32591/coas.ojls.0102.01051p","DOIUrl":"https://doi.org/10.32591/coas.ojls.0102.01051p","url":null,"abstract":"Health is considered a fundamental human right that also has moral implication as pathological health conditions could bring comparative disadvantages among people and change their life opportunity range. Vaccination is one of the health care measures that state usually prescribes as mandatory in order to protect public health. However, vaccines can have side effects and cause, although in rare cases, health impairment that negatively effects on life opportunities. In such cases, the question is on whom lies the burden of responsibility for health impairment. In this paper, author expresses the view that it is not clear whether we can justifiably assign moral responsibility in case of vaccine health infringement to state that, in the first place, prescribes to its citizens’ obligation regarding vaccination. In order to examine whether we can assign the burden of responsibility to state in the case of mandatory vaccination, we analyse moral agency, causal relevancy and opportunity of avoiding as presumptions of moral responsibility.","PeriodicalId":125595,"journal":{"name":"Open Journal for Legal Studies","volume":"4 38","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120926172","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}