Sriwijaya Law Review最新文献_第5页

The Legal Implication of Political Defection on Nigeria’s Democracy 政治叛逃对尼日利亚民主的法律意义

Sriwijaya Law Review Pub Date : 2021-07-31 DOI: 10.28946/SLREV.VOL5.ISS2.1060.PP247-261

Khalid Idris Nuhu

{"title":"The Legal Implication of Political Defection on Nigeria’s Democracy","authors":"Khalid Idris Nuhu","doi":"10.28946/SLREV.VOL5.ISS2.1060.PP247-261","DOIUrl":"https://doi.org/10.28946/SLREV.VOL5.ISS2.1060.PP247-261","url":null,"abstract":"The prevalence of cross-carpeting in Nigerian politics continues to threaten the consolidation of democracy in the country. It is strengthened by the proliferation of political parties devoid of entrenched ideology or political philosophy besides attaining political and economic powers. The unusually delayed justice in defection related matters sometimes occasioned by the pile of cases before the scanty judicial umpire in the country is another block of stumbling over. The technical approach of these umpires to cases of defection or constitutional matters may not be far from being a cloak on the wheel of justice. While the elected executives at the detriment of their electorates enjoyed the freedom of assembly and association in changing their political parties after the election, the exercise of the same right by the elected members of legislative houses are subjected to certain occurrences in justification or else vacate their seats on the pronouncement of their respective leaders in the house. This historical political menace persistently thrives in the country's fledgling democracy without adequate legal instruments for effective redress. Through the conceptual approach, the study reveals that the elected executives persistently swindle the mandate of their voters with impunity while the principal officers of the parliaments freely decide who remains or exits the house on the ground of defection. It is clear that the Nigerian Anti Defection Law is inadequate in the changing political landscape of the country. This paper recommends a law reform to affect some enactments, particularly in the Constitution whereby machinery for the vacation of a seat in the parliament after defection can be beyond the powers of the principal officers, which is necessary for the attainment of socio-political orders in the country.","PeriodicalId":32073,"journal":{"name":"Sriwijaya Law Review","volume":"92 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75295399","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 Implementation of Waqf as ‘Urf in Indonesia Waqf在印度尼西亚的实施是“不公平的”

Sriwijaya Law Review Pub Date : 2021-07-31 DOI: 10.28946/SLREV.VOL5.ISS2.1126.PP287-299

A. Yumarni, G. Dewi, Jaih Mubarok, Wirdyaningsih Wirdyaningsih, Anna Sardiana

{"title":"The Implementation of Waqf as ‘Urf in Indonesia","authors":"A. Yumarni, G. Dewi, Jaih Mubarok, Wirdyaningsih Wirdyaningsih, Anna Sardiana","doi":"10.28946/SLREV.VOL5.ISS2.1126.PP287-299","DOIUrl":"https://doi.org/10.28946/SLREV.VOL5.ISS2.1126.PP287-299","url":null,"abstract":"As a tradition that has been practised for a long time, waqf or endowment is clear evidence that Muslims in Indonesia are developing through this worship. However, what if the waqf is in the form of a mosque, Islamic school, and grave (3M’s waqf). It is an unusual thing in the contemporary Islamic tradition, but its existence persists. Meanwhile, 'Urf as one of the legal propositions in establishing Islamic law has known the concept and has been practised for generations in suburban areas where most of the population is Muslim. This tradition is then accommodated in Law Number 41 of 2004 concerning endowment, which contains land endowment and endowment organiser (nazhir). This paper examines the tradition of endowment in Indonesian society to benefit mosques, Islamic schools, and graves. By using the historical and analytical-conceptual approaches, this paper will analyse waqf in these three forms. The results of this study can be taken into consideration by stakeholders in developing strategies for strengthening and empowering 3M's donated land to create benefits for the Indonesian since 3M’s endowment is commonly found in Indonesian society.","PeriodicalId":32073,"journal":{"name":"Sriwijaya Law Review","volume":"80 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86208806","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: 1

The Fishing Rights Conflict in the South China Sea between Vietnam and China 越南和中国在南海的捕鱼权冲突

Sriwijaya Law Review Pub Date : 2021-07-30 DOI: 10.28946/SLREV.VOL5.ISS2.875.PP205-217

Mohammad Hazyar Arumbinang, Yordan Gunawan, Rizaldy Anggriawan

{"title":"The Fishing Rights Conflict in the South China Sea between Vietnam and China","authors":"Mohammad Hazyar Arumbinang, Yordan Gunawan, Rizaldy Anggriawan","doi":"10.28946/SLREV.VOL5.ISS2.875.PP205-217","DOIUrl":"https://doi.org/10.28946/SLREV.VOL5.ISS2.875.PP205-217","url":null,"abstract":"This research aims to understand and clarify the international legal perspec-tive relating to the current dispute and how they are resolved according to international law between Vietnam and China over fishing rights in the South China Sea. This paper has adopted a normative legal research with a statutory and historical approaches. The data will be analysed by using de-scriptive-analytical analysis. This paper reveals that there are two legal is-sues in the fishing rights conflict between Vietnam and China. First is the legality of the Nine-dashed Line by China to claim the disputed water. Sec-ond, the legality of unilateral fishing ban policy by China over the disputed water, which both has no legality under international law. Although China claims over SCS using Nine-dashed Line and unilateral fishing ban policy under international law has no legal basis, the dispute over SCS including fishing rights continued until today. The solutions offered to solve these problems include a resolution on SCS dispute must be made legally and di-plomacy to build confidence-building measures. Ideally, both states should honour the accepted negotiation steps to agree upon compensation for the effects of the disputes and be sincere and earnest in their attempts and com-mitment to resolving their dispute.","PeriodicalId":32073,"journal":{"name":"Sriwijaya Law Review","volume":"40 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-07-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75591613","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

The Legal Impact of Plea Bargain in Settlement of High Profile Financial Criminal Cases in Nigeria 辩诉交易在尼日利亚重大金融刑事案件中的法律影响

Sriwijaya Law Review Pub Date : 2021-07-28 DOI: 10.28946/SLREV.VOL5.ISS2.852.PP161-174

P. Aidonojie, Anne Oyenmwosa Odojor, Patience Omohoste Agbale

{"title":"The Legal Impact of Plea Bargain in Settlement of High Profile Financial Criminal Cases in Nigeria","authors":"P. Aidonojie, Anne Oyenmwosa Odojor, Patience Omohoste Agbale","doi":"10.28946/SLREV.VOL5.ISS2.852.PP161-174","DOIUrl":"https://doi.org/10.28946/SLREV.VOL5.ISS2.852.PP161-174","url":null,"abstract":"Plea bargain has been globally accepted as a useful criminal prosecutorial tool in accelerating the prosecution of minor criminal cases. However, it has been observed that the introduction of a plea bargain into the Nigerian criminal justice system tends to aid the ruling class in looting from the public treasury and escaping justice. Given these legal anomalies, the study used online survey questionnaires sent to four hundred and five respondents (randomly selected) residing in Nigeria in ascertaining the Nigerian citizens view on the legal effect of using a plea bargain in resolving high profile financial crime cases. Descriptive and analytical statistics were used to analyse the respondents’ responses. The study, therefore, found that though plea bargain is a useful criminal prosecutorial tool in resolving minor criminal cases, it is unsuitable in resolving high profile criminal financial cases as it tends to involve a hide and seek game which makes a mockery of the Nigeria Legal System. It is, therefore, concluded and recommended that the concept of a plea bargain in Nigeria legal system should not be used in resolving high-profile criminal financial cases, as it tends to give leverage to those looting public funds.","PeriodicalId":32073,"journal":{"name":"Sriwijaya Law Review","volume":"34 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-07-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77011982","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: 7

The Criticism of Land Procurement Law to Improve Landowners Welfare in Indonesia 印尼土地采购法对改善土地所有者福利的批评

Sriwijaya Law Review Pub Date : 2021-07-28 DOI: 10.28946/SLREV.VOL5.ISS2.1073.PP175-191

F. Wiryani, M. Najih

引用次数: 1

The Qualified Effects Doctrine in the Extraterritorial of Competition Law Application: An Indonesia Perspective 竞争法域外适用中的限定效果原则——以印尼为例

Sriwijaya Law Review Pub Date : 2021-07-28 DOI: 10.28946/SLREV.VOL5.ISS2.1050.PP192-204

S. Sukarmi, Hassan Qaqaya, F. Susanto, R. Kurniaty

{"title":"The Qualified Effects Doctrine in the Extraterritorial of Competition Law Application: An Indonesia Perspective","authors":"S. Sukarmi, Hassan Qaqaya, F. Susanto, R. Kurniaty","doi":"10.28946/SLREV.VOL5.ISS2.1050.PP192-204","DOIUrl":"https://doi.org/10.28946/SLREV.VOL5.ISS2.1050.PP192-204","url":null,"abstract":"The use of extraterritorial jurisdiction of competition law, based on the effect doctrine, has long been debated. This paper discusses the application of extraterritorial jurisdiction to Indonesian competition law. Competition law in Indonesia applies to any collusive or abusive behaviour that has a necessary effect on the business and economy spheres, regardless of the nationality or geographic location of the company or where the occurred conduct. This study employs a normative juridical method to analyse legal norms and principles. The approaches used include a statutory approach, a comparative law approach, and a case approach. This study reveals that the regulations concerning the prohibition of monopolistic practices and unfair business competition have not explicitly regulated extraterritorial norms in Indonesia. However, the Business Competition Supervisory Commission makes legal breakthroughs by applying the extraterritorial principle to resolve the involvement of foreign business actors and impose penalties on them. This article argues that Indonesia significantly needs to amend its competition law and increase cooperation with other countries to enforce the competition law.","PeriodicalId":32073,"journal":{"name":"Sriwijaya Law Review","volume":"3 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-07-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72366600","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: 1

Abuse of Rights by Majority Shareholders in Indonesian Family-Owned Company: Is It Likely? 印尼家族企业大股东滥用权力:可能吗?

Sriwijaya Law Review Pub Date : 2021-01-31 DOI: 10.28946/SLREV.VOL5.ISS1.887.PP29-41

Fiona Priscilia Kohar, Y. Dewi

{"title":"Abuse of Rights by Majority Shareholders in Indonesian Family-Owned Company: Is It Likely?","authors":"Fiona Priscilia Kohar, Y. Dewi","doi":"10.28946/SLREV.VOL5.ISS1.887.PP29-41","DOIUrl":"https://doi.org/10.28946/SLREV.VOL5.ISS1.887.PP29-41","url":null,"abstract":"The familial relations entwining the ownership and management of a family-owned company creates a significant opportunity for majority shareholders to exercise their rights to others' detriment. Various jurisdictions have addressed such issue by projecting the concept of abuse of rights by majority shareholders (abus de majorité). The concept aims to detect which behaviour could be considered an abuse and provide legal protection for minority shareholders and companies. In Indonesia, however, such a concept has not been explicitly adopted nor discussed at length. This work examines what behaviour which could be considered as a form of abuse of rights by majority shareholders under the Indonesian company law, and how the protection and practice of Indonesian private company law against such behaviour. This work is a normative legal research using conceptual, comparison, statutory, and case-law approaches. The comparison and case-law approaches will be utilized to examine the universal concept of majority shareholders abuse of rights by examining the adoption of the concept in various jurisdictions and examine several relevant cases brought to the Indonesian court. As a result, it concludes that there are still problems surrounding the legal measures available, as this behaviour is still prevalent, especially in Indonesia's family-owned companies. Hence, more stringent rules are needed to protect minority shareholders and the Indonesian Company's interests effectively.","PeriodicalId":32073,"journal":{"name":"Sriwijaya Law Review","volume":"11 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76728497","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: 1

Legal Analysis of Current Indonesia's Marine Protected Areas Development 当前印尼海洋保护区开发的法律分析

Sriwijaya Law Review Pub Date : 2021-01-31 DOI: 10.28946/SLREV.VOL5.ISS1.851.PP14-28

A. Nugraha

{"title":"Legal Analysis of Current Indonesia's Marine Protected Areas Development","authors":"A. Nugraha","doi":"10.28946/SLREV.VOL5.ISS1.851.PP14-28","DOIUrl":"https://doi.org/10.28946/SLREV.VOL5.ISS1.851.PP14-28","url":null,"abstract":"This paper aims to conduct a legal analysis of the development of Marine Protected Areas (MPAs) in Indonesia. This article discusses the international legal framework and national legislation related to MPAs, progress and control, and problems in developing MPAs in Indonesia and its solutions. The international legal frameworks discussed include the United Nations Convention on the Law of the Sea 1982, the Convention on Biological Diversity 1992, and Code of Conduct for Responsible Fisheries 1995. Subsequently, the Indonesian legislation analyzed includes the Act on Conservation of Living Resources and their Ecosystems, the Act concerning Fisheries, the Act concerning the Management of Coastal Areas and Small Islands, and the Act on Marine Affairs. The progress and control of the establishment of MPAs in Indonesia have now reached the target area of more than twenty million hectares. Apart from the success of these achievements, Indonesia also has problems in developing MPAs. Current problems related to MPA development include dualism of permits, conflicts over zoning and regional spatial planning, multiple interpretations of penal sanctions, and overlapping management authorities between government agencies. The solutions offered to solve these problems include synchronizing marine tourism permits, integrating zoning and spatial plans into one regional government regulation, imposing the most severe criminal sanctions for perpetrators of destroying marine ecosystems, and transfer of full authority over the management of seven marine protected areas to the Ministry of Marine Affairs and Fisheries.","PeriodicalId":32073,"journal":{"name":"Sriwijaya Law Review","volume":"164 2 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86685099","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: 1

Policy Model Reconstruction of Social Forestry 社会林业的政策模式重构

Sriwijaya Law Review Pub Date : 2021-01-31 DOI: 10.28946/SLREV.VOL5.ISS1.451.PP130-142

Wartiningsih Wartiningsih, N. Nuswardani

{"title":"Policy Model Reconstruction of Social Forestry","authors":"Wartiningsih Wartiningsih, N. Nuswardani","doi":"10.28946/SLREV.VOL5.ISS1.451.PP130-142","DOIUrl":"https://doi.org/10.28946/SLREV.VOL5.ISS1.451.PP130-142","url":null,"abstract":"Internationally, there has been a paradigm shift in forest resource management from state-based forest management to community-based forest management. This change has also occurred in Indonesia, namely through the social forestry program as outlined in the the Minister Regulation on Social Forestry and the Minister Regulation on Social Forestry in Perhutani Area. Indeed, these Ministerial Regulations already contain the principles of community-based forest management. However, the implementation still leaves problems. This paper will analyze the procedural weaknesses and inaccuracies in the designation of these Ministerial Regulations. The approach used is the statutory approach and comparison with qualitative analysis. The result shows that it is necessary to change the policy model by changing procedures by re-functioning the role of Forest Management Units as an institution that has the authority to manage forest resources in its area. Besides, the Social Forestry program should only be intended for forest communities who have pioneered forest resource management, whether they have joined the Community Joint Forest Management program or not. However, they must reside around forests managed by Perum Perhutani.","PeriodicalId":32073,"journal":{"name":"Sriwijaya Law Review","volume":"92 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90647445","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 Certainty of Cabotage Principle Regarding Sea Transportation in Indonesia 印尼海上运输中沿海运输原则的法律确定性

Sriwijaya Law Review Pub Date : 2021-01-31 DOI: 10.28946/SLREV.VOL5.ISS1.974.PP71-85

Y. Annalisa, Murzal Murzal, Rizka Nurliyantika

{"title":"Legal Certainty of Cabotage Principle Regarding Sea Transportation in Indonesia","authors":"Y. Annalisa, Murzal Murzal, Rizka Nurliyantika","doi":"10.28946/SLREV.VOL5.ISS1.974.PP71-85","DOIUrl":"https://doi.org/10.28946/SLREV.VOL5.ISS1.974.PP71-85","url":null,"abstract":"Shipping between domestic ports must be transported by ships with Indonesian flags and operated by national shipping companies, meaning the cabotage principle. The aim is to prevent and reduce dependence on foreign ships carrying out Indonesia's maritime territory. However, in regulating and implementing the cabotage principle, it is not sure that it can be applied absolutely, which can be interpreted as not reflecting legal certainty. This study aims to analyze the legal certainty of implementation of the cabotage principle in Indonesian territorial waters. This research is a normative study that uses legal, historical, interpretation and case approaches. The case and interpretation approaches are used to examine the cabotage principle concept in legislation and several relevant cases brought to Indonesian courts. The results shows that the regulation of the cabotage principle on sea transportation is found in the form of laws, presidential regulations, presidential instructions and ministerial regulations. However, in other various regulations, the cabotage principle does not apply absolutely (semi-protectionist) or inconsequently. On the one hand, this is because it prohibits foreign ships from operating in Indonesian territory to carry passengers and/or goods between islands or ports. On the other hand, foreign ships are allowed for other activities that do not include carrying passengers and/or goods with certain conditions and approval from the government. The application of the cabotage principle based on judges' considerations in cases submitted to the State Administrative, Supreme and the Constitutional Courts has fulfilled legal certainty according to the Shipping Law. However, the protection of national Shipping must be prioritized, and the use of foreign ships should be considerably tightened unless Indonesian-flagged vessels are not insufficiently available.","PeriodicalId":32073,"journal":{"name":"Sriwijaya Law Review","volume":"85 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77215989","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