Substantive Justice International Journal of Law最新文献_第2页

Consumer Legal Protection from the Decoy Effect Through Digital Literacy 数字素养对消费者诱骗效应的法律保护

Substantive Justice International Journal of Law Pub Date : 2022-12-27 DOI: 10.56087/substantivejustice.v5i2.196

Afrilia Cahyani, F. Fitriyanti, J. Ahmad, Pratiwi Ramlan

引用次数: 0

Fixed-Time Employment Agreement Based on Legal Awareness to Realize Harmonious Employment Relationship 基于法律意识的固定时间劳动协议实现和谐劳动关系

Substantive Justice International Journal of Law Pub Date : 2022-11-14 DOI: 10.56087/substantivejustice.v5i2.184

Fithriatus Shalihah, M. Megawati, S. Suryadi, Siti Zuliyah, F. Muhammadi

{"title":"Fixed-Time Employment Agreement Based on Legal Awareness to Realize Harmonious Employment Relationship","authors":"Fithriatus Shalihah, M. Megawati, S. Suryadi, Siti Zuliyah, F. Muhammadi","doi":"10.56087/substantivejustice.v5i2.184","DOIUrl":"https://doi.org/10.56087/substantivejustice.v5i2.184","url":null,"abstract":"The arrangement of fixed-time employment agreements stipulated in the laws and regulations of the Republic of Indonesia is considered ineffective. One of the primary reasons is that some existing provisions are deemed inappropriate for labor-market needs. Several articles concerning work agreements have been removed from the Job Creation Law, but implementation issues remain. Both are concerned with the fulfillment of workers' rights and the types of work that are permissible for workers with specific worker statuses at specific times. This research uses a normative juridical method with a statutory and conceptual approach. The result of analysis indicates that any employment agreement must include legal awareness provisions. This is done to provide a more concrete measure of legal awareness, because everything in the employment agreement is the result of an agreement reached by both parties. If there are impediments to the exercise of rights that are not the result of deliberate reason, the settlement has also been arranged using local wisdom in the form of deliberation between the parties. If the provisions of the laws and regulations regarding the fulfillment of the parties' rights cannot be run optimally, this can be a solution to create harmonious industrial relations. The most important solution to establishing the rule of law in creating a harmonious working relationship is legal awareness in the implementation of fixed-time employment agreements.","PeriodicalId":239399,"journal":{"name":"Substantive Justice International Journal of Law","volume":"95 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133948690","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}

引用次数: 0

The Impact of Criminal Policy on Money Laundering Against the Resilience of the Law 反洗钱刑事政策对法律弹性的影响

Substantive Justice International Journal of Law Pub Date : 2022-11-11 DOI: 10.56087/substantivejustice.v5i2.192

Kusbianto Kusbianto, Ariman Sitompul, Adiputra Adiputra, M. Miftahuddin

{"title":"The Impact of Criminal Policy on Money Laundering Against the Resilience of the Law","authors":"Kusbianto Kusbianto, Ariman Sitompul, Adiputra Adiputra, M. Miftahuddin","doi":"10.56087/substantivejustice.v5i2.192","DOIUrl":"https://doi.org/10.56087/substantivejustice.v5i2.192","url":null,"abstract":"Differences in the authority of investigators over money laundering crimes committed by members of the Indonesian National Armed Forces lead to disharmony of norms, thus creating polemics in the law enforcement process, especially in efforts to eradicate money laundering. Currently, there is an expansion of investigative competence based on the Decision of the Constitutional Court of the Republic of Indonesia, which states that predicate criminal investigators are officials or bodies authorized by laws and regulations to conduct investigations. Violations committed by members of the Indonesian National Armed Forces against the crime of money laundering should be under the jurisdiction of the Military Court. This study aims to determine the development and impact of legal policies related to members of the Indonesian National Armed Forces who commit criminal acts in the jurisdiction of the Military Court I-03 Padang. The analysis of this research uses a descriptive qualitative approach by using primary and secondary data. The results indicate that the competence of military courts is vulnerable to discontinuing the legal process of money laundering. Military courts should also be given the authority to try Indonesian National Armed Forces members who commit money laundering crimes. Investigation of The Crime of Money Laundering committed by members of the Indonesian National Armed Forces in the ius constituendum must be formulated more firmly in the Money Laundering Law. Thus, the Indonesian National Army members who violate the entered in categorization of General Crimes or non-military will be subject to the general justice system, and in the investigation carried out by investigators in the general court as described in the provisions in accordance with the limitative theory.","PeriodicalId":239399,"journal":{"name":"Substantive Justice International Journal of Law","volume":"143 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115689327","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}

引用次数: 3

Law Enforcement Against Members of The Indonesian National Police Commit Crimes 针对印尼国家警察成员犯罪的执法

Substantive Justice International Journal of Law Pub Date : 2022-10-19 DOI: 10.56087/substantivejustice.v5i2.194

Muhammad Yunus Idy

{"title":"Law Enforcement Against Members of The Indonesian National Police Commit Crimes","authors":"Muhammad Yunus Idy","doi":"10.56087/substantivejustice.v5i2.194","DOIUrl":"https://doi.org/10.56087/substantivejustice.v5i2.194","url":null,"abstract":"The piling up of tasks for police officers is due to the increasing number of new problems that have emerged in the urban community, also having an impact on classic and unfinished problems that must continue to be handled by the police as the authorized party to be neglected, including a number of obligations in maintaining public order on classic issues that should have been completed. But in fact, they were only obscured and seemed to be in order, even though the proverb for reporting missing goats and even missing cows was still ongoing, so this study aims to detect types of violations by members of the police, which include: crime and law enforcement efforts. This study uses empirical normative legal research methods. The results of this study indicate that the types of criminal offenses committed by members of the police are very diverse and increasingly ignore the various laws that have regulated the obligations of the police, who act as members of the community and law enforcement. The type of violation that is quite prominent is a violation committed due to unprofessionalism in handling cases, and this action can no longer be viewed as a violation. In fact, it has been seen as a crime in carrying out its duties and authorities. The incident repeated and became more blatant because there is still a system and other structure that lives in the system and structure of police members, namely those who have not acted according to procedures in carrying out their duties, professional ethics of law enforcement, and other violations of law in carrying out their duties.","PeriodicalId":239399,"journal":{"name":"Substantive Justice International Journal of Law","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125343797","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}

引用次数: 0

Towards Balanced Bicameralism: Reconstruction of Law-making powers in Indonesian Representative Institutions 走向平衡的两院制：印度尼西亚代议制机构中立法权的重建

Substantive Justice International Journal of Law Pub Date : 2022-10-18 DOI: 10.56087/substantivejustice.v5i2.187

M. Marzuki

引用次数: 0

Immigrant Child Legal Identity Registration as A Tool to Promote Sustainable Development Goals 16.9 移民儿童合法身份登记作为促进可持续发展目标的工具16.9

Substantive Justice International Journal of Law Pub Date : 2022-10-12 DOI: 10.56087/substantivejustice.v5i2.182

Mouva Putri Ramadhita, Rianda Dirkareshza

{"title":"Immigrant Child Legal Identity Registration as A Tool to Promote Sustainable Development Goals 16.9","authors":"Mouva Putri Ramadhita, Rianda Dirkareshza","doi":"10.56087/substantivejustice.v5i2.182","DOIUrl":"https://doi.org/10.56087/substantivejustice.v5i2.182","url":null,"abstract":"Immigrant child in Indonesia and other nation surely has to reach their rights, including in the provision of legal identity, and this matter is stated in as the 16.9th goal of the SDGs. Child registration is an important document that every single child should acknowledge and own as well as identical form and an integral part of citizens’ civil and political rights. However, Indonesia only focuses on immigrant mandatories and has not discussed the fate of child immigrants in terms of identity on granting their rights. This paper intends to find the urgencies on immigrant child legal identity registration in Indonesia and provide a law comparison to maximize the legal identity regulation for immigrants as their basic rights. This paper uses a normative juridical and comparative approach that scopes the immigrant child’s legal identity registration in order to reach the 16.9th SDGs and fulfill the basic rights of the immigrant child that should be reached by them as human beings. The findings of the research show that some immigrant child still not able to reach the 16.9th SDGs goal. Some regulations in Indonesia are not able to scope the loopholes in the societies., Moreover, sustainable development is an important goal for societies that surely fulfill basic rights, and Indonesia, compared with the United States of America and China, has no scope for basic regulation for the immigrant child, regarding legal identity registration.","PeriodicalId":239399,"journal":{"name":"Substantive Justice International Journal of Law","volume":"141 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133648219","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}

引用次数: 0

The Legal Protection Towards Traditional Clothes: Intellectual Property Regimes in ASEAN 传统服饰的法律保护:东盟的知识产权制度

Substantive Justice International Journal of Law Pub Date : 2022-06-22 DOI: 10.56087/substantivejustice.v5i1.165

Ria Wierma Putri, Yunita Maya Putri, Mahathir Muhammad, Tristyanto Tristyanto

{"title":"The Legal Protection Towards Traditional Clothes: Intellectual Property Regimes in ASEAN","authors":"Ria Wierma Putri, Yunita Maya Putri, Mahathir Muhammad, Tristyanto Tristyanto","doi":"10.56087/substantivejustice.v5i1.165","DOIUrl":"https://doi.org/10.56087/substantivejustice.v5i1.165","url":null,"abstract":"Traditional clothing is one of the essential identities in Southeast Asian countries, knowns as ASEAN members; it was once used to showcase individual status in the community. It is still important today and worn on particular occasions to preserve tradition, and now it's emerged as one of the commercial goods. Yet, it becomes a vulnerable commodity when it becomes the object of cultural piracy, dispute of ownership, and disagreement of origin. The problem will continue to be detrimental to indigenous peoples who own it and possibly rift the relationship between ASEAN countries. The protection of traditional clothing in ASEAN is still weak, and there has been no specific legal instrument to regulate it. The intellectual property right (IPR) regime protects traditional clothing as a traditional cultural expression (TCE). TCE protection is part of the international regulation of intellectual property; however, without it well-implemented at the domestic level, TCE can easily be claimed as belonging to other parties who first published and registered them. This research will examine the legal protection of traditional clothes under IPR regimes in ASEAN in their national legal regulations. This research uses a comparative approach that primarily examines the laws and regulations governing the protection of Intellectual Property Rights in ASEAN countries. This research indicates that no single country in ASEAN has a specific law related to traditional cultural expressions (TCE) protection on traditional clothes. The protection for traditional clothes will be embedded in other IPR regimes such as Copyright, trademark, or non-IPR legislation.","PeriodicalId":239399,"journal":{"name":"Substantive Justice International Journal of Law","volume":"146 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133211786","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}

引用次数: 2

Women as Terrorists: a Motivational Factor Becomes a Terrorist In Indonesia 女性作为恐怖分子:印尼成为恐怖分子的动机因素

Substantive Justice International Journal of Law Pub Date : 2022-06-22 DOI: 10.56087/substantivejustice.v5i1.162

Ningsih Wirandari, Zuli Qodir

引用次数: 0

Regional Cooperation in The Utilization of Trans-ASEAN Gas Pipelines: An International Law Perspective 利用跨东盟天然气管道的区域合作:一个国际法视角

Substantive Justice International Journal of Law Pub Date : 2022-06-22 DOI: 10.56087/substantivejustice.v5i1.168

Mutiara Khadijah, H. Adolf, Setiawan Setiawan

{"title":"Regional Cooperation in The Utilization of Trans-ASEAN Gas Pipelines: An International Law Perspective","authors":"Mutiara Khadijah, H. Adolf, Setiawan Setiawan","doi":"10.56087/substantivejustice.v5i1.168","DOIUrl":"https://doi.org/10.56087/substantivejustice.v5i1.168","url":null,"abstract":"The Trans-ASEAN Gas Pipelines was a project of interconnected cross-border pipelines connecting ASEAN countries in a bilateral manner based on the cooperation stipulated in the Memorandum of Understanding of Trans-ASEAN Gas Pipelines. This paper will identify Trans-ASEAN Gas Pipelines with the two (two) cooperation models already practised worldwide, namely the interconnected model and the unified project model. The method used in this article was normative juridical, including the comparative approach and statute approach, by obtaining data from secondary sources. More specifically, this article would elaborate on which cooperation model could be adopted by Trans-ASEAN Gas Pipelines that would effectively govern the project. The results showed that the cooperation of Trans-ASEAN Gas Pipelines was unlike that practised by countries generally since the project consisted of both cross-border pipelines and regasification terminals. The decision to incorporate regasification terminals into the project was made to provide an alternative to the region's depleting gas supply. The model was not known in the cross-border pipeline regime and therefore could not be identified with the already known two (two) models. Although Trans-ASEAN Gas Pipelines were a series of interconnected pipelines in nature, the implementation was not in accordance with the theory. A cross-border pipeline and terminal regasification should not be put together in the same energy transport project as they both have different characteristics, thus making the governance of the project complicated while a harmonized legal framework plays an essential aspect in cross-border infrastructure. Trans-ASEAN Gas Pipelines will only focus on cross-border pipelines and will follow the model of a cooperative project.","PeriodicalId":239399,"journal":{"name":"Substantive Justice International Journal of Law","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129330266","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}

引用次数: 0

The Legal Framework for the Protection of Turtles as Protected Animals from Culinary Business Production 保护海龟作为受保护动物免受烹饪企业生产的法律框架

Substantive Justice International Journal of Law Pub Date : 2022-06-22 DOI: 10.56087/substantivejustice.v5i1.163

Cok Dian Laksmidewi

{"title":"The Legal Framework for the Protection of Turtles as Protected Animals from Culinary Business Production","authors":"Cok Dian Laksmidewi","doi":"10.56087/substantivejustice.v5i1.163","DOIUrl":"https://doi.org/10.56087/substantivejustice.v5i1.163","url":null,"abstract":"Turtles are protected animals, regulated both in international agreements and by Government Regulation of the Republic of Indonesia Number 7 of 1999 on the Preservation of Plant and Animal Species. Six of seven species of turtles that still exist are in Indonesia. Protection of these animals has to deal with conditions in which their meat and eggs are still used as culinary products. Consumption of turtles is still a culture of society. The high demand for dishes made from turtles causes them to be traded illegally. In this study, the legal framework for the protection of turtles as endangered species and turtle ecotourism policies based on local wisdom will be studied. This research is empirical legal research that examines the application of the legal framework to protect turtles as protected endangered species. This research also examines the legal culture of the people who actually use turtles as a culinary business product. The data used consists of primary and secondary data. Primary data comes from interviews with criminal law experts, while secondary data consists of primary and secondary legal materials. The legal materials are collected through literature study. The legal framework for protecting turtles as endangered species is carried out by bringing this issue into international forums. A number of international agreements have been reached by countries to protect endangered animals. The Union for Conservation of Nature and Natural Resources (IUCN) even issued a Red List and put turtles on the list. The Indonesian government ratifies international legal instruments and develops policies at the national level to protect sea turtles. In addition, the government also raises public awareness not to consume turtles with a local wisdom approach","PeriodicalId":239399,"journal":{"name":"Substantive Justice International Journal of Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132718747","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}

引用次数: 0