International Journal of Law Reconstruction最新文献_第2页

The South China Sea International Disputes with the ASEAN Area (in International Maritime Law) 南海与东盟地区的国际争端(国际海洋法)

International Journal of Law Reconstruction Pub Date : 2023-05-24 DOI: 10.26532/ijlr.v7i1.31914

Aaron Leonardo Borte, O. A. Victoria

{"title":"The South China Sea International Disputes with the ASEAN Area (in International Maritime Law)","authors":"Aaron Leonardo Borte, O. A. Victoria","doi":"10.26532/ijlr.v7i1.31914","DOIUrl":"https://doi.org/10.26532/ijlr.v7i1.31914","url":null,"abstract":"In history, the sea has been shown to have had various functions, including as a source of food for mankind, as a trade highway, as a means of conquest, as a place for battles, as a place for fun and recreation, and as a means of unifying or separating nations. nation. As one of the regions with a high degree of heterogeneity, the Asia Pacific region is often considered a region that is very vulnerable to conflict on the basis of a fragile regional balance. The purpose of this study is to find out that one of the territorial conflicts in the Asia Pacific is the South China Sea conflict which involves several countries including China, Taiwan, the Philippines, Vietnam, Malaysia and Brunei Darussalam. This research uses a normative approach in accordance with international maritime regulations, especially UNCLOS and the UN Arbitration Council. The results of this study indicate that she said the South China Sea entered a new chapter by submitting a dispute over the issue of territorial claims to the Arbitration Court in The Hague, Netherlands. The Philippines in January 2013 has officially brought the territorial dispute in the South China Sea to the international arbitration body. Political disputes have been stopped and entered a new phase, namely legal settlement. The issue that arises is whether legal settlement can be the key answer to this territorial dispute, then whether legal settlement can create justice for the disputing countries. Furthermore, whether a legal settlement can dampen and create stability and security in the region. It may be very far if a legal settlement can fulfill some of the questions above.","PeriodicalId":425396,"journal":{"name":"International Journal of Law Reconstruction","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129222193","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 Indonesian Legal Policy on Prostitution, Could it be Legalized? 印尼对卖淫的法律政策，能否合法化?

International Journal of Law Reconstruction Pub Date : 2023-05-09 DOI: 10.26532/ijlr.v7i1.27763

Ni Luh Gede Yogi Arthani, Made Emy Andayani Citra

{"title":"The Indonesian Legal Policy on Prostitution, Could it be Legalized?","authors":"Ni Luh Gede Yogi Arthani, Made Emy Andayani Citra","doi":"10.26532/ijlr.v7i1.27763","DOIUrl":"https://doi.org/10.26532/ijlr.v7i1.27763","url":null,"abstract":"Prostitution is an eternal business throughout the history of human civilization. This activity has existed since the royal era until now. In terms of finance, the business of prostitution brings a huge turnover of money. Prostitute income per day is even higher than the applicable minimum wage in each district and city. This business continues to grow even though many countries prohibit prostitution. This study aims to examine regarding the causes and dimensions of violence in prostitution and the state's legal policy on prostitution. This research is a normative legal research that examines the possibility of legalizing or prohibiting prostitution. The research was conducted using statutory approaches, legal concepts and comparative law. The analysis was carried out qualitatively. The findings of this study are prostitution is influenced by educational, economic, social, legal and political factors. This activity can involve women, men, LGBT, both adults and children. However, the greatest involvements as the sex workers are women and children. Indonesia is a country that prohibits prostitution as regulated in Article 296 and 506 of the Criminal Code, as well as several other special provisions. To overcome prostitution, the Indonesian Government issued a number of policies to disband the red-light districts. There are countries in the world that prohibit prostitution like Indonesia, some allow it with strict restrictions, and some even allow state revenue from taxes.","PeriodicalId":425396,"journal":{"name":"International Journal of Law Reconstruction","volume":"63 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130273105","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 Issue of Single Apartment for Foreigners in Indonesia 外国人在印尼的单身公寓问题

International Journal of Law Reconstruction Pub Date : 2023-05-08 DOI: 10.26532/ijlr.v7i1.30507

I. Made, Pria Dharsana, Desak Putu, Kania Pratiwi, Rizky Mustika Rini

{"title":"The Issue of Single Apartment for Foreigners in Indonesia","authors":"I. Made, Pria Dharsana, Desak Putu, Kania Pratiwi, Rizky Mustika Rini","doi":"10.26532/ijlr.v7i1.30507","DOIUrl":"https://doi.org/10.26532/ijlr.v7i1.30507","url":null,"abstract":"The purpose of this study is to analyze the land rights over apartment units related to the right to ownership of apartments that can now be owned by foreign nationals. Ownership of land rights over flats does not fully adhere to the horizontal principle as stated in the UUPA. Because these rights can be owned by all ownership rights over flats. Flats can be given to anyone who qualifies as a land rights holder. The research shows that there are now many foreign nationals and foreign legal entities who own flats (apartments) in Indonesia. Both for business, investment and residential purposes. However, all actions of ownership of Sarusun, foreign citizens must still refer to the rules of law for foreign countries, as well as foreign legal entities. The ownership rules must still pay attention to the provisions of Act No. 5 of 1960 concerning Basic Regulations on Agrarian Principles (UUPA), Act No. 2 of 2011 concerning Flats, Act No. 11 of 2011 concerning Job Creation Rights, Government Regulation Number 18 of 2021 concerning Management Rights, Land Ownership Rights, Building Rights, Flat Units, and Land Registration as well as several other rules that are currently in effect.","PeriodicalId":425396,"journal":{"name":"International Journal of Law Reconstruction","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132964792","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 Distribution of Children's Inheritance in the Islamic Law and Custom Law’s Perspective 伊斯兰教法与习惯法视角下的子女继承权分配

International Journal of Law Reconstruction Pub Date : 2023-05-06 DOI: 10.26532/ijlr.v7i1.30895

Hasnah Aziz

引用次数: 0

The Controversy of Environmental Law Policies from Regulation Perspective 规制视角下的环境法政策之争

International Journal of Law Reconstruction Pub Date : 2023-04-28 DOI: 10.26532/ijlr.v7i1.31162

Triono Eddy

引用次数: 0

The Law Enforcement of Corruption Crimes in Terms of Authority Abuse 职权滥用视角下的腐败犯罪执法

International Journal of Law Reconstruction Pub Date : 2023-04-22 DOI: 10.26532/ijlr.v7i1.30563

Yasmirah Mandasari Saragih, T. Zarzani

引用次数: 0

The Epistemological Errors in Regulation of Absolute Competence on Mortgage Disputes in Credit Contracts 信用合同抵押纠纷中绝对权能规定的认识论错误

International Journal of Law Reconstruction Pub Date : 2023-04-18 DOI: 10.26532/ijlr.v7i1.29464

A. Saptomo, Rocky Marbun, Anis Mashdurohatun.

引用次数: 1

The Legal Protection for Security Crowdfunding Based on Sharia Investment in MSMEs Economic Recovery 中小微企业经济复苏中基于伊斯兰投资的安全众筹的法律保护

International Journal of Law Reconstruction Pub Date : 2023-04-16 DOI: 10.26532/ijlr.v7i1.30917

Winda Fitri

{"title":"The Legal Protection for Security Crowdfunding Based on Sharia Investment in MSMEs Economic Recovery","authors":"Winda Fitri","doi":"10.26532/ijlr.v7i1.30917","DOIUrl":"https://doi.org/10.26532/ijlr.v7i1.30917","url":null,"abstract":"The security crowdfunding (SCF) provides collective fundraising services for MSMES who have difficulty obtaining funding without collateral based on OJK Regulation No. 16/POJK.04/2021, the SCF investment rules above don’t explicitly discuss investment activities in sharia-compliant securities for halal business financing that are free from Riba, maysir, and gharar elements. The purpose of this research is to examine the sharia economic legal protection for SCF investment contract transaction model and its legal implications in case of invalidity. This research uses a conceptual normative legal approach with a descriptive qualitative analysis. The results show that the contract activities in halal MSMES crowdfunding investment transactions have not fulfilled the principles of the Syirkah akad based on the Sharia Economic Law Compilation, which is from the expression side, the occurrence of ijab qabul (offer and acceptance) is not clearly in accordance with sharia, so the SCF contract can be invalidated and all activities related to the transaction are considered haram. Therefore, an issuer from DSN MUI is needed to guarantee that the SCF complies with sharia principles and has a sharia compliance officer.","PeriodicalId":425396,"journal":{"name":"International Journal of Law Reconstruction","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121929166","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 Criminal Regulation on Narcotics Abuse Based on Restorative Justice Arrangements 基于恢复性司法安排的毒品滥用刑事规制

International Journal of Law Reconstruction Pub Date : 2023-04-15 DOI: 10.26532/ijlr.v7i1.31304

S. Sulistyawati

引用次数: 0

The Collateral for Land Rights Transferred into Selling and Buying Objects 土地权利转让为买卖标的的抵押物

International Journal of Law Reconstruction Pub Date : 2023-04-10 DOI: 10.26532/ijlr.v7i1.31207

Mas Rara Tri Retno Herryani

{"title":"The Collateral for Land Rights Transferred into Selling and Buying Objects","authors":"Mas Rara Tri Retno Herryani","doi":"10.26532/ijlr.v7i1.31207","DOIUrl":"https://doi.org/10.26532/ijlr.v7i1.31207","url":null,"abstract":"The purpose of this research is to analyze collateral benefits, mortgage security institution, principles of security law, the problem of good faith in debt agreement, legal protection for debtors if debt collateral objects are transferred into sale and purchase objects. The granting of credit to the debtor should be bound by a principal agreement and an accessory agreement for the collateral provided, but it happens that the debtor is bound by a principal agreement and a sale and purchase bond agreement along with a power of sale. When the debtor defaults, the name will be changed to the name of the creditor. The research method in this research is normative juridical research method, and the approach method used is Statute Approach, and Conceptual Approach. The result of the research is that debtors who have obtained debts from creditors and submitted land rights collateral, should be bound by an accesoir agreement, namely a mortgage right as in Act No. 4 of 1996, instead of binding the sale and purchase and power of sale. If this is still done by the creditor, the debtor can take a settlement method, namely: Alternative Dispute Resolution; Court.","PeriodicalId":425396,"journal":{"name":"International Journal of Law Reconstruction","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127282280","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