Lex Scientia Law Review最新文献_第2页

Constitutional and Judicial Interpretation of Environmental Laws in Nigeria, India and Canada 尼日利亚、印度和加拿大环境法的宪法和司法解释

Lex Scientia Law Review Pub Date : 2023-11-14 DOI: 10.15294/lesrev.v7i2.69394

Empire Hechime Nyekwere, U. Nnawulezi, S. E. Adiyatma, Kasim Balarabe, Muhammad Abdul Rouf

{"title":"Constitutional and Judicial Interpretation of Environmental Laws in Nigeria, India and Canada","authors":"Empire Hechime Nyekwere, U. Nnawulezi, S. E. Adiyatma, Kasim Balarabe, Muhammad Abdul Rouf","doi":"10.15294/lesrev.v7i2.69394","DOIUrl":"https://doi.org/10.15294/lesrev.v7i2.69394","url":null,"abstract":"The judiciary, an important branch of government responsible for legal interpretation, dispute resolution, and justice administration, holds a crucial role in national environmental protection. Courts play a key role in safeguarding a nation's environment by interpreting constitutional provisions related to environmental protection and other legislative frameworks. The effectiveness of a country's environmental protection is contingent on the assertiveness, creativity, and innovation of its judiciary in interpreting laws, policies, and regulations designed for environmental preservation. The widely held belief is that the judiciary, more than any other institution, is best positioned to adjudicate, inform, guide, and lead in environmental protection. A proactive, inventive, and inspirational judiciary motivates the executive and legislative branches to implement pertinent environmental laws, policies, and regulations. This study utilizes a doctrinal research methodology to comprehensively review and compare the environmental protection frameworks in Nigeria, India, and Canada. The focus is on constitutional provisions related to environmental protection and judicial interpretations, particularly in the context of Environmental Impact Assessment (EIA) laws. While explicit constitutional provisions on environmental protection are absent in Canada, India, and Nigeria, the courts in India and Canada have demonstrated creative interpretation of their constitutions to safeguard the environment. Notably, in India, environmental protection falls under the non-adjudicable Directive Principles of State Policy (DPSP).","PeriodicalId":292299,"journal":{"name":"Lex Scientia Law Review","volume":"8 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139276473","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 Hierarchical Model of Delegated Legislation in Indonesia 印度尼西亚授权立法的分级模式

Lex Scientia Law Review Pub Date : 2023-11-12 DOI: 10.15294/lesrev.v7i2.74651

Sholahuddin Al-Fatih, M. Safaat, A. E. Widiarto, Dhia Al Uyun, Muhammad Nur

{"title":"The Hierarchical Model of Delegated Legislation in Indonesia","authors":"Sholahuddin Al-Fatih, M. Safaat, A. E. Widiarto, Dhia Al Uyun, Muhammad Nur","doi":"10.15294/lesrev.v7i2.74651","DOIUrl":"https://doi.org/10.15294/lesrev.v7i2.74651","url":null,"abstract":"Delegated legislation are a necessity in a democratic rule of law like Indonesia. Unfortunately, Article 8 paragraph (1) of Law Number 12 of 2011 concerning the Establishment of Laws and Regulations j.o Law Number 13 of 2022 concerning the Second Amendment to Law Number 12 of 2011 concerning the Establishment of Laws and Regulations has not mentioned a clear hierarchy of delegation regulations. This article use juridical-normative research using a statute, historical, and conceptual approach. As a result, as many as 24,052 regulations at the level of Ministries, Agencies and State Institutions have the potential to overlap regulations and become subject to judicial review in the Supreme Court. The definition of Delegated Legislations in Indonesia is interpreted as limited to regulations whose legal construction is made by the executive, as long as formal legal norms still give the authority of delegation in the field of legislation to implement higher regulations. This paper found 3 models of structuring Delegated Legislations in the hierarchy of laws and regulations in Indonesia, namely: 1) Hierarchical model based on the legal basis of institution formation; 2) Hierarchical model based on the position of the institution; and 3) Hierarchical model based on the source of delegated authority in forming rules.","PeriodicalId":292299,"journal":{"name":"Lex Scientia Law Review","volume":"17 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139279608","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

Quo Vadis Corporate Crime Liability: Beyond Rule Reform and Future Prospect on Amending Criminal Code in Indonesia 公司犯罪责任的现状：规则改革之外与印度尼西亚《刑法典》修订的未来展望

Lex Scientia Law Review Pub Date : 2023-11-06 DOI: 10.15294/lesrev.v7i2.61989

I. D. M. Suartha, Mariko Hattori, I. D. A. G. Mahardika Martha, Bagus Hermanto, Ni Putu Yeni Kusuma Dewi

{"title":"Quo Vadis Corporate Crime Liability: Beyond Rule Reform and Future Prospect on Amending Criminal Code in Indonesia","authors":"I. D. M. Suartha, Mariko Hattori, I. D. A. G. Mahardika Martha, Bagus Hermanto, Ni Putu Yeni Kusuma Dewi","doi":"10.15294/lesrev.v7i2.61989","DOIUrl":"https://doi.org/10.15294/lesrev.v7i2.61989","url":null,"abstract":"The acceptance of the corporation as the subject of a criminal act, causing problems in the accountability of corporate criminal acts, because of the existence of vague norms that cause injustice and uncertainty in its application. In this study, there are two main problems, namely regulation of corporate criminal liability in criminal law in Indonesia and the prospect of criminal law on the liability of corporate criminal acts in Indonesia from the perspective of ius constituendum. The research method used is a normative legal research method with a statutory approach, comparison study and legal concepts analysis. The results of the study are: (1) As a vague norm in the regulation of corporations as the subject of criminal acts that can be accounted for in the Criminal Code and several laws outside the Criminal Code have regulated corporations as the subject of criminal acts that can be accounted for in criminal law, (2) The prospect of regulating corporate criminal liability in the 2019 Draft Criminal Code has completely and firmly regulated corporations as the subject of criminal acts and can be accounted for in criminal law and accepts absolute criminal liability and certain substitute criminal liability.","PeriodicalId":292299,"journal":{"name":"Lex Scientia Law Review","volume":"56 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139288417","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

Implementation of Domestic Market Obligations on Nickel and Bauxite in Indonesia Under International Trade Regime 在国际贸易体制下印度尼西亚对镍和铝土矿实施国内市场义务

Lex Scientia Law Review Pub Date : 2023-11-06 DOI: 10.15294/lesrev.v7i2.63830

B. Adam, Haniff Ahamat, Annalisa Yahanan

{"title":"Implementation of Domestic Market Obligations on Nickel and Bauxite in Indonesia Under International Trade Regime","authors":"B. Adam, Haniff Ahamat, Annalisa Yahanan","doi":"10.15294/lesrev.v7i2.63830","DOIUrl":"https://doi.org/10.15294/lesrev.v7i2.63830","url":null,"abstract":"Increasing global economic activity has resulted in raising demand on nickel and bauxite ores for manufacturing industries. Foremost demand on the raw materials is consistently increasing for production of friendly environment products, such as battery of electric vehicles (EV). The production of EV battery potentially increases particularly as global transformation to reduce GHG Emissions which cover developed and developing countries. This current situation leads export restrictions on nickel and bauxite to developed countries which purpose for domestic stockpile in developing countries, such as Indonesia. Meanwhile, the measures is supposed to violate Article XI.2(a) GATT 1994 which it is applied without temporary period and there is no essentialness circumstance to implement the restrictions. This emphasized on review opportunities for Indonesia to take into force alternative measures which is consistent with the GATT 1994 provisions. The research is conducted based on legal review with refer to GATT 1994 provisions and Indonesia legal provisions. Based on the review, the researchers find that implementation of Domestic Market Obligations are an exact alternative measure to safeguard domestic stockpile without extremely suffer disruption for global demand. The alternative measures grant balancing allocation between global and domestic demand which could be adjusted regularly according to the further situation faced by the country.","PeriodicalId":292299,"journal":{"name":"Lex Scientia Law Review","volume":"11 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139287828","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

Intentionally Changing Everything: Deliberate Constructing in Corruption Case 有意改变一切：腐败案件中的蓄意建构

Lex Scientia Law Review Pub Date : 2023-11-06 DOI: 10.15294/lesrev.v7i2.59866

K. Kamsi, Very Julianto, Mu'tashim Billah, Suud Sarim Karimullah

引用次数: 0

The Murder of Shireen Abu Akleh: How Does Law Protect the Journalist in a War? Shireen Abu Akleh 遇害案：法律如何在战争中保护记者？

Lex Scientia Law Review Pub Date : 2023-11-06 DOI: 10.15294/lesrev.v7i2.59534

Yordan Gunawan, Fawaz Muhammad Ihsan, Paulo Andres Anderson

{"title":"The Murder of Shireen Abu Akleh: How Does Law Protect the Journalist in a War?","authors":"Yordan Gunawan, Fawaz Muhammad Ihsan, Paulo Andres Anderson","doi":"10.15294/lesrev.v7i2.59534","DOIUrl":"https://doi.org/10.15294/lesrev.v7i2.59534","url":null,"abstract":"The murder of journalists is one of the war crimes. The killing of journalists is also a form of suppressing the freedom of expression inherent in every citizen. Shireen Abu Akleh is a journalist from Al Jazeera who was killed by Israeli army fire while reporting on the armed conflict between Israel and Palestine in May 2022. Due to the heinous act, the Palestinian government submitted a complaint to the International Criminal Court (ICC) to be able to solve the murder case. Meanwhile, the Israeli government denies the accusations despite the existence of sufficient evidence. The research aims to explain the present circumstances regarding the Abu Akleh murder case and how it is examined under international law. In addition, normative legal research is used as a research method in the research. The research also emphasizes the chronology of Abu Akleh's murder and how international law regulates the legal procedure in order to raise justice. Moreover, the Palestinian government submits a complaint to the ICC to initiate the judicial process for the Abu Akleh murder case. The United Nations has already said in an official declaration that the Israeli army was responsible for the murder of Abu Akleh. In conclusion, Israel Government has to be responsible for the action of murder related in line with the collection of the latest evidence and respectable international law.","PeriodicalId":292299,"journal":{"name":"Lex Scientia Law Review","volume":"57 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139288275","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

Legal Protection for Children as Victims of Economic Exploitation: Problems and Challenges in Three Major ASEAN Countries (Indonesia, Vietnam and Philippines) 为遭受经济剥削的儿童提供法律保护：东盟三个主要国家（印度尼西亚、越南和菲律宾）的问题与挑战

Lex Scientia Law Review Pub Date : 2023-11-06 DOI: 10.15294/lesrev.v7i2.68301

I. Utari, D. Ramada, Ridwan Arifin, Robert Brian Smith

{"title":"Legal Protection for Children as Victims of Economic Exploitation: Problems and Challenges in Three Major ASEAN Countries (Indonesia, Vietnam and Philippines)","authors":"I. Utari, D. Ramada, Ridwan Arifin, Robert Brian Smith","doi":"10.15294/lesrev.v7i2.68301","DOIUrl":"https://doi.org/10.15294/lesrev.v7i2.68301","url":null,"abstract":"This research is intended to examine the legal protection for children victims of economic exploitation in three major ASEAN countries: Indonesia, Vietnam, and the Philippines. The study finds that although these countries have laws that provide legal protection for children, the implementation of these laws faces several challenges. In Indonesia, despite the existence of various regulations that protect children from economic exploitation, child labor remains a significant problem. The lack of enforcement of labor laws and a lack of awareness of children’s rights among the community contributes to the persistence of child labor. In Vietnam, the legal framework on child labor is relatively comprehensive, and the government has made significant efforts to eradicate child labor. However, child labor still persists in some rural areas due to poverty, cultural traditions, and a lack of education. In the Philippines, the government has implemented various measures to protect children from economic exploitation, including the Child Labor Law and the Anti-Child Trafficking Act. However, the implementation of these laws is hampered by a lack of resources, corruption, and limited awareness among communities. In conclusion, the study finds that the legal protection for children victims of economic exploitation in Indonesia, Vietnam, and the Philippines faces various challenges. These include the lack of enforcement, cultural traditions, poverty, corruption, and limited awareness among communities. Addressing these challenges requires concerted efforts from governments, civil society, and communities to ensure that children's rights are protected effectively.","PeriodicalId":292299,"journal":{"name":"Lex Scientia Law Review","volume":"80 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139288073","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 Paradox of the International Law Development: A Lesson from Covid-19 Pandemic Management 国际法发展的悖论:新冠肺炎疫情管理的启示

Lex Scientia Law Review Pub Date : 2023-06-01 DOI: 10.15294/lesrev.v7i1.61999

Ria Wierma Putri, Yunita Maya Putri, Febryani Sabatira, O. Davey, Himal C Arya

{"title":"The Paradox of the International Law Development: A Lesson from Covid-19 Pandemic Management","authors":"Ria Wierma Putri, Yunita Maya Putri, Febryani Sabatira, O. Davey, Himal C Arya","doi":"10.15294/lesrev.v7i1.61999","DOIUrl":"https://doi.org/10.15294/lesrev.v7i1.61999","url":null,"abstract":"By the year 2019 to early 2022 the world has encountered a health emergency due to the COVID-19 pandemic. Although the present Covid-19 situation is considered to be under control and countries are progressively recovering from the epidemic, there are a number of lessons that may be derived and studied as part of the development of international law. The article further observes the role of World Health Organization as a primary international organization responsible for keeping the world's health order. Following the effort of Covid-19 management, various measures have been enforced as global government regime efforts, such as quarantine, travel restrictions, and vaccination programs. However, the article highlight that there are many factors have caused obstacles in handling pandemic problems, ranging from the state's capacity to overcome the pandemic's impact to the ideology disparities in implementing global mandates. In this matter, there is a tendency by states which refuse to subject to the general mandate from WHO under the argument that their national interest comes first. This issue then determined that the problem of the Covid-19 pandemic was no longer a health issue but an issue in the evolution of the global legal order. This study will further discuss the efforts taken by WHO as the primary international health organization to combat pandemic issue and analyze to what extent has the management of the COVID-19 pandemic affects international law development.","PeriodicalId":292299,"journal":{"name":"Lex Scientia Law Review","volume":"2013 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127417067","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

Contractual Obligations in Financing with Fiduciary Security in Indonesia in the Context of Justice 司法背景下印尼信托担保融资中的合同义务

Lex Scientia Law Review Pub Date : 2023-06-01 DOI: 10.15294/lesrev.v7i1.69318

T. Bahar, T. Kamello, Suhaidi Suhadi, Saidin Saidin, Rio Hilmawan Bagas Trihasworo

{"title":"Contractual Obligations in Financing with Fiduciary Security in Indonesia in the Context of Justice","authors":"T. Bahar, T. Kamello, Suhaidi Suhadi, Saidin Saidin, Rio Hilmawan Bagas Trihasworo","doi":"10.15294/lesrev.v7i1.69318","DOIUrl":"https://doi.org/10.15294/lesrev.v7i1.69318","url":null,"abstract":"Financing with fiduciary security is a popular form of financing in Indonesia. However, in the context of justice, there are several aspects that need to be considered regarding this contractual arrangement. This research aims to discuss the study of contractual obligations in financing with fiduciary security in Indonesia within the context of justice, with a focus on relevant aspects both theories and practices. This research intends to analyze the contractual obligations in financing with fiduciary security within the context of justice in Indonesia. The research revealed that financing with fiduciary security in Indonesia presents several justice-related issues. Firstly, there is an imbalance of power between the fiduciary giver (creditor) and the fiduciary receiver (debtor). The fiduciary giver tends to hold a stronger position in executing fiduciary security, while the fiduciary receiver may face difficulties in protecting their rights. Secondly, consumer protection or debtor protection in financing with fiduciary security is still inadequate. Although there are regulations in place governing debtor rights, their implementation remains limited. This can lead to injustice for financially vulnerable debtors who are unable to fulfill their payment obligations. Thirdly, dispute resolution regarding financing with fiduciary security tends to favor the fiduciary giver. Lengthy legal proceedings and high costs can impede debtors from achieving justice. Moreover, the lack of understanding and awareness among the public regarding their rights in financing with fiduciary security can also be problematic.","PeriodicalId":292299,"journal":{"name":"Lex Scientia Law Review","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116603927","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

Policy on the Right to Education of Refugees in Indonesia and Australia 印度尼西亚和澳大利亚难民受教育权政策

Lex Scientia Law Review Pub Date : 2023-06-01 DOI: 10.15294/lesrev.v7i1.62964

N. L. G. Astariyani, I. N. P. B. Rumiartha, Ni Ketut Ardani, Thomas John Kenevan

{"title":"Policy on the Right to Education of Refugees in Indonesia and Australia","authors":"N. L. G. Astariyani, I. N. P. B. Rumiartha, Ni Ketut Ardani, Thomas John Kenevan","doi":"10.15294/lesrev.v7i1.62964","DOIUrl":"https://doi.org/10.15294/lesrev.v7i1.62964","url":null,"abstract":"Upholding human rights in the context of education is manifested in the form of the right to education. Realizing this right requires equal distribution of education which means the widest possible educational opportunity for everyone, including fulfilling children's rights to education for refugees or asylum seekers. Based on data from the United Nations High Commissioner for Refugees (UNHCR) in 2021, there are 13,459 refugees in Indonesia, of whom it is estimated that around 27% are child refugees and 114 children of whom come alone or are separated from their families. This research article will discuss the role of the Indonesian state in providing educational rights to children of refugees from other countries or children of asylum seekers as well as international arrangements related to the education rights of children of asylum seekers in transit countries. This study uses normative juridical research methods, through international regulatory approaches and conceptual approaches, in this case studying and analyzing material and legal issues based on international regulations and concepts related to the study of Human Rights from the perspective of the Educational Rights of Asylum Seeking Refugee Children. \u0000 ","PeriodicalId":292299,"journal":{"name":"Lex Scientia Law Review","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128020309","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