International Journal of Law Reconstruction最新文献

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THE POSITION OF DAUGHTERS IN BALINESE CUSTOMARY INHERITANCE SYSTEM FROM GENDER EQUALITY PERSPECTIVE 从性别平等的角度看女儿在巴厘传统继承制度中的地位
International Journal of Law Reconstruction Pub Date : 2021-09-09 DOI: 10.26532/IJLR.V5I2.12668
Ni Made Sumerti Asih, Made Emy Andayani Citra
{"title":"THE POSITION OF DAUGHTERS IN BALINESE CUSTOMARY INHERITANCE SYSTEM FROM GENDER EQUALITY PERSPECTIVE","authors":"Ni Made Sumerti Asih, Made Emy Andayani Citra","doi":"10.26532/IJLR.V5I2.12668","DOIUrl":"https://doi.org/10.26532/IJLR.V5I2.12668","url":null,"abstract":"The equality of men and women in the inheritance system is a concern in the development of Balinese customary law. Basically, Balinese indigenous people adhere to a patrilineal kinship system. As a consequence, the line is drawn from the father and the heirs are only boys, while girls can only enjoy the assets of their parents as long as they are not married. This condition certainly reduces women's access to economic rights. Whereas, the economic control is very important in life. In this research, two issues are discussed, namely the inheritance system according to Balinese customary law and the struggle for gender equality through the position of women as heirs. Decree of the Pesamuhan Agung Majelis Utama Desa Pakraman Bali Number 01 / KEP / PSM-3 / MDP Bali / X / 2010, dated October 15, 2010 provides opportunities for girls to become heirs with limited provisions. Even so, the position of women as heirs in Balinese customary law is still difficult to be implemented. This is due to a very strong patriarchal culture that places men in higher power relations. ","PeriodicalId":425396,"journal":{"name":"International Journal of Law Reconstruction","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122369904","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 LAW GLOBALIZATION IN CYBERCRIME PREVENTION 网络犯罪预防的法律全球化
International Journal of Law Reconstruction Pub Date : 2021-09-09 DOI: 10.26532/IJLR.V5I2.17514
Gomgom TP Siregar, Sarman Sinaga
{"title":"THE LAW GLOBALIZATION IN CYBERCRIME PREVENTION","authors":"Gomgom TP Siregar, Sarman Sinaga","doi":"10.26532/IJLR.V5I2.17514","DOIUrl":"https://doi.org/10.26532/IJLR.V5I2.17514","url":null,"abstract":"Globalization makes the world without borders, countries compete freely in various fields, and sometimes cross the jurisdictional limits of a country, overcoming cybercrime in legislation is absolutely necessary. Related to the jurisdiction of this crime which is a global crime, it is necessary to have a separate law that regulates cybercrime. The approach method using normative juridical. The results of research and discussion stated that The law globalization and politics provides cybercrime countermeasures in the application of legal norms between nations, which increasingly play an important role, especially how to regulate all forms of advances in information technology, communication, and transportation. This is inseparable from the foreign policy that has been woven between nations so far. Cybercrime regulation in legislation is absolutely necessary. Regarding jurisdiction over this crime, which is a global crime, it is necessary to have a separate law that regulates cybercrime, namely cyber law, which also regulates its jurisdiction by including the principle that allows cybercrime actors who harm the state even though they are outside the territory of the country.","PeriodicalId":425396,"journal":{"name":"International Journal of Law Reconstruction","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115292230","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: 4
THE WEAKNESSES OF ALTERNATIVE INSTITUTIONS FOR DISPUTE RESOLUTION IN FINANCIAL SERVICES SECTOR 金融服务业纠纷解决替代机构的弱点
International Journal of Law Reconstruction Pub Date : 2021-09-09 DOI: 10.26532/IJLR.V5I2.16306
T. Christiani, Chryssantus Kastowo
{"title":"THE WEAKNESSES OF ALTERNATIVE INSTITUTIONS FOR DISPUTE RESOLUTION IN FINANCIAL SERVICES SECTOR","authors":"T. Christiani, Chryssantus Kastowo","doi":"10.26532/IJLR.V5I2.16306","DOIUrl":"https://doi.org/10.26532/IJLR.V5I2.16306","url":null,"abstract":"There are weaknesses in the Financial Services Authority issued POJK No. 61/POJK/2020 concerning Alternative Dispute Resolution in the financial services sector. It hampered the objectives of the regulation. A concept proposal is needed to overcome the existing weaknesses. This research uses normative juridical analysis.  This research dose on the laws and regulations that apply in Indonesia relating to the settlement of disputes in the financial services sector. This study finds a proposed concept to overcome the weaknesses of Alternative Dispute Resolution in the financial services sector. The proposed idea empowers legal culture, legal substance, and legal culture as legal system theory. This research is limited to study based on secondary data, so there is no primary data.","PeriodicalId":425396,"journal":{"name":"International Journal of Law Reconstruction","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117115986","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
A LEGAL AWARENESS OF COPYRIGHT ON REGIONAL SONG CREATORS 地域歌曲创作者的著作权法律意识
International Journal of Law Reconstruction Pub Date : 2021-04-30 DOI: 10.26532/ijlr.v5i1.15406
M. A. H. Labetubun
{"title":"A LEGAL AWARENESS OF COPYRIGHT ON REGIONAL SONG CREATORS","authors":"M. A. H. Labetubun","doi":"10.26532/ijlr.v5i1.15406","DOIUrl":"https://doi.org/10.26532/ijlr.v5i1.15406","url":null,"abstract":"Copyright as an exclusive right for the creator or copyright holder to carry out the results of his ideas or ideas in the form of specific information or certain. Basically, copyright is the right to copy, adapt or produce a work, copyright is possible for the right holder to limit the copying or in any form without the illegitimate permission of a work, it can be realized by registration copyright, in its application, of course, there are obstacles that exist in the enforcement of copyright law itself. One example is the lack of awareness in registration copyright of songs by the creator. The research objective was to determine and analyze the legal awareness of regional pop songwriters to register their copyright. The research method uses normative research through a conceptual approach and a statue approach. The results show that the composers of regional pop songs know the importance of recording copyright because it is in accordance with the mandate of Act No. 28 of 2014 concerning Copyright and has also participated in the socialization carried out by the Ministry of Law and Human Rights, but songwriters do not record their work. Some songwriters consider that the registration is of no use because, from an economic standpoint, they cannot profit or lose personally, besides that their aspirations have not been fully channeled by the related institutions they shelter in this case the Collective Management Institute. Therefore to decide on the sale of the song's copyrighted work rather than registering it to the Ministry of Law and Human Rights in the Field of Intellectual Property.","PeriodicalId":425396,"journal":{"name":"International Journal of Law Reconstruction","volume":"106 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116581696","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
AN ONLINE CREDIT AGREEMENT WITH COLLATERAL IN INDONESIA 在印尼有抵押品的在线信贷协议
International Journal of Law Reconstruction Pub Date : 2021-04-29 DOI: 10.26532/IJLR.V5I1.15484
Ma’ruf Akib
{"title":"AN ONLINE CREDIT AGREEMENT WITH COLLATERAL IN INDONESIA","authors":"Ma’ruf Akib","doi":"10.26532/IJLR.V5I1.15484","DOIUrl":"https://doi.org/10.26532/IJLR.V5I1.15484","url":null,"abstract":"Along with the rapid development of information technology which in turn has an impact on economic activity around the world, financial technology is here to provide facilities in the provision of financial services for the community. The ease of convenience offered through unsecured online loans carries the risk of loan defaults made by debtors. The purpose of this research is to find out what is the urgency of the need for collateral as one of the requirements for submitting online loans and how online registration of fiduciary collaterals can be a preventive measure for bad credit in online credit distribution. This study uses a normative-juridical research method. The result of this research is that there is a collateral that the online lending agreement functions as a legal umbrella so that debtors' obligations to creditors are fulfilled so that they avoid default, default, and even investor losses in Fintech P2P Lending activities. The importance of having a fiduciary collateral that is registered in the credit agreement online is to avoid a legal vacuum (rechts vacuum) or legal vacuum (wet vacuum) when there is default or default by the debtor.","PeriodicalId":425396,"journal":{"name":"International Journal of Law Reconstruction","volume":"224 3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127298096","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 ASPECTS OF THE USE OF DIGITAL TECHNOLOGY THROUGH SHARIA ONLINE TRANSACTIONS IN TRADITIONAL MARKETS IN INCREASING COMMUNITY ECONOMY 使用数字技术的法律方面,通过伊斯兰教法在线交易的传统市场在增加社区经济
International Journal of Law Reconstruction Pub Date : 2019-09-22 DOI: 10.26532/IJLR.V3I2.7896
Andi Aina Ilmih, Kami Hartono, Ida Musofiana
{"title":"LEGAL ASPECTS OF THE USE OF DIGITAL TECHNOLOGY THROUGH SHARIA ONLINE TRANSACTIONS IN TRADITIONAL MARKETS IN INCREASING COMMUNITY ECONOMY","authors":"Andi Aina Ilmih, Kami Hartono, Ida Musofiana","doi":"10.26532/IJLR.V3I2.7896","DOIUrl":"https://doi.org/10.26532/IJLR.V3I2.7896","url":null,"abstract":"This research focuses on the use of digital technology through sharia online transactions in traditional markets in the City of Semarang. Then analyze the legal policies governing the use of digital technology through sharia online transactions in Indonesia and determine the impact of the use of digital technology through sharia online transactions in the Semarang traditional market. This research uses empirical legal research methods, with descriptive-analysis method. Based on research that has been done, the legal arrangements for the use of digital technology through sharia online transactions in Traditional Markets are regulated in Act Number 11 of 2008 concerning Electronic Information and Transactions (ITE) and the impact of using digital technology through sharia online transactions includes both positive and negative impacts. Positive impacts include: Industrial productivity has increased; encourage MSMEs to enter e-commerce; facilitate the promotion and marketing activities of a product; and more new services are making it easier for the economy and business. As well as the negative impacts, among others: the easier transactions are prohibited and the more cases of lawlessness occur in online trading.","PeriodicalId":425396,"journal":{"name":"International Journal of Law Reconstruction","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129872671","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
INTERNATIONAL LAW OF SMUGGLING 国际走私法
International Journal of Law Reconstruction Pub Date : 2019-09-22 DOI: 10.26532/IJLR.V3I2.7792
Noor Rashid Mir Akmam, S. Yuslan
{"title":"INTERNATIONAL LAW OF SMUGGLING","authors":"Noor Rashid Mir Akmam, S. Yuslan","doi":"10.26532/IJLR.V3I2.7792","DOIUrl":"https://doi.org/10.26532/IJLR.V3I2.7792","url":null,"abstract":"Smuggling is the act of carrying goods or people illegally and hidden, like out of a building, into jail, or through of border, Contrary to the law or other regulations. Smuggling encouraged various reasons. These include illegal trade, such as drugs, Immigration and illegal migration, avoid excise, Smuggling of illegal goods to prisoners, or smuggling stolen goods. Another example is the financial motive for it is not like bringing banned items past a security checkpoint (as in airfield) or removal of confidential documents from the state or government officials. Type the smuggling of goods, people and wild creatures. ","PeriodicalId":425396,"journal":{"name":"International Journal of Law Reconstruction","volume":"72 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115750802","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
INTERNATIONAL LAW OF SEA PIRACY 国际海盗法
International Journal of Law Reconstruction Pub Date : 2019-09-22 DOI: 10.26532/IJLR.V3I2.7791
Muhammet Ebuzer Ersoy
{"title":"INTERNATIONAL LAW OF SEA PIRACY","authors":"Muhammet Ebuzer Ersoy","doi":"10.26532/IJLR.V3I2.7791","DOIUrl":"https://doi.org/10.26532/IJLR.V3I2.7791","url":null,"abstract":"Sea piracy, or piracy, is robbery conducted in sea, or sometimes in beach. It could be said that history of piracy occurs simultaneously with history of navigation. Where there are ships transporting merchandise, appears pirates are ready to have it forcibly. It has been known since the time of the occurrence of piracy Greece ancient. Included in the era Roman republic experienced piracy by the sea robbers. Since then they plow all the ships that are currently floating in the ocean near Borneo and Sumatra. However, the best in its long history written on 16th-17th century and it called as the golden age of pirates. But, the piracy not only in the past era, in the modern era as today, the piracy still exist as the criminal case in Somalia in 1990-2011, Philipine in 2016-2017, Dhobo accident in 2019 etc. The piracy is also can be called as Hostis Humani Generis it is mean the piracy is the enemy of all humans. The piracy ruled in UNCLOS articles 101-110 and in Indonesia is ruled in Criminal Law article 439-440. This article explains the international law of sea piracy, hostage release procedure and court procedure in International Criminal Court (ICC) and international punishment for pirate.","PeriodicalId":425396,"journal":{"name":"International Journal of Law Reconstruction","volume":"17 6","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120921981","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
CONSTRUCTION CONTRACT OF HIRE PURCHASE AND CORRELATION WITH CRIMINAL OFFENSE 租购施工合同及其与刑事犯罪的关系
International Journal of Law Reconstruction Pub Date : 2019-09-21 DOI: 10.26532/ijlr.v3i1.5265
Bambang Tri Bawono
{"title":"CONSTRUCTION CONTRACT OF HIRE PURCHASE AND CORRELATION WITH CRIMINAL OFFENSE","authors":"Bambang Tri Bawono","doi":"10.26532/ijlr.v3i1.5265","DOIUrl":"https://doi.org/10.26532/ijlr.v3i1.5265","url":null,"abstract":"Hire purchase agreements that have developed in the realm of society yet have clarity because there is no specific legislation governing the lease-sale agreement. The absence of specific legislation governing the lease resulted in the agreement to experience different views for legal experts both in terms of the definition and the legal consequences arising. This type of research used in this study is a research library with normative juridical approach. Normative research. The results of this study mention: first, the legal construction of a hire purchase agreement did not have legal certainty, because this agreement has legal consequences of changing from the payment of the debt to the payment of rent, when a tort committed by the purchaser. Other than that, construction law hire purchase agreement is null and void, because there are some clauses which are contrary to Article 1266 of the Civil Code and Article 18 of the Consumer Protection Act. Second, the criminal offenses arising from a lease agreement is a criminal offense of extortion, when the withdrawal unilaterally, although financing the vehicle has been registered in the Register of Fiduciary. This is because even though the fiduciary has the right of executor, but the execution must follow procedures for the implementation of a court decision, so businesses must apply in advance to the Chairman of the Court.","PeriodicalId":425396,"journal":{"name":"International Journal of Law Reconstruction","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124819732","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
PANCASILA AS A LEGAL SCIENCE PARADIGM 潘卡西拉作为一种法学范式
International Journal of Law Reconstruction Pub Date : 2019-09-12 DOI: 10.26532/IJLR.V3I2.8055
Dini Amalia Fitri
{"title":"PANCASILA AS A LEGAL SCIENCE PARADIGM","authors":"Dini Amalia Fitri","doi":"10.26532/IJLR.V3I2.8055","DOIUrl":"https://doi.org/10.26532/IJLR.V3I2.8055","url":null,"abstract":"The Pancasila legal paradigm is a legal category that is unique to Indonesia, but is universally objective. This jurisprudence is based on God Almighty. This jurisprudence is loaded with the values of Almighty God and other values in the frame of the value of Almighty God. The existence and existence of this legal knowledge for the people of Indonesia is a gift. To change the paradigm of higher education in the field of law, it must start by changing education fundamentally as a dynamic subject of the reality of people's lives so that understanding of law becomes holistic, visionary, and meaningful. One way to elevate Pancasila as the nation's identity and be known by the nations of the world, is by practicing the values contained in the five principles, by synergizing Pancasila values with the legal education curriculum in Indonesia, so that it will produce law graduates who live the values of Pancasila.","PeriodicalId":425396,"journal":{"name":"International Journal of Law Reconstruction","volume":"230 ","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120868896","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
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