International journal of law and politics studies最新文献

{"title":"Mechanism of Cancelling International Arbitration Awards and Its Legal Consequences under Civil Law","authors":"Hendri Jayadi","doi":"10.32996/ijlps.2023.5.5.8","DOIUrl":"https://doi.org/10.32996/ijlps.2023.5.5.8","url":null,"abstract":"Arbitration means appropriate conciliation proceedings or arrangements to resolve disputes with the aim of reaching a certain final and binding outcome. The arbitral award is considered permanent because it is final and binding without appeal or cassation. There are two types of arbitral awards, namely national and international arbitral awards. Arbitration is an attempt to reverse the contents of an arbitral award in whole or in part. On that basis, this study aims to explain the mechanism for the revocation of an arbitral award and its legal consequences based on civil law.","PeriodicalId":475085,"journal":{"name":"International journal of law and politics studies","volume":"47 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134960919","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}

{"title":"Media Power Relations in Politics: Critical Analysis Perspective","authors":"Amran Mahmud, None Jumadi, Heri Tahir, Andi Kasmawati, Syamsu Andi Kamaruddin","doi":"10.32996/ijlps.2023.5.5.7","DOIUrl":"https://doi.org/10.32996/ijlps.2023.5.5.7","url":null,"abstract":"The development of mass media as a channel of public information has experienced many shifts in its function. Critical knowledge works in powers that cannot be controlled. The purpose of this research is to reveal the power relations of knowledge and media working in politics in South Sulawesi. This research uses a critical analytic descriptive method with a critical paradigm as its approach. Researchers used two data sources to support the results of the study, namely, primary data and secondary data. Data collection in this study was carried out through three approaches, namely observation, interviews, and documentation. The data analysis technique used in this research is descriptive critical analytics. The qualitative content analysis method is carried out with the help of Nvivo software. NVivo is a qualitative data analysis software developed by Qualitative Solution and Research (QSR) International. The results of this study confirm that: (1) the South Sulawesi People's daily media has strong knowledge power in politics in South Sulawesi, with a central role in shaping political narratives, choosing issues that are reported, and influencing the image of political actors. This indicates the influence of political power, economics, and the interests of media owners who influence political news in the area. (2) Social media practices in politics in South Sulawesi have a significant impact on increasing political participation and strengthening communication between politicians, political parties, and the community. (3) South Sulawesi People's Daily has a role in politics in South Sulawesi as a means to convey messages and influence public opinion. In the political media strategy in South Sulawesi, politicians and political parties utilize it to gain support, build a positive image, and influence public perceptions of political issues.","PeriodicalId":475085,"journal":{"name":"International journal of law and politics studies","volume":"69 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135815806","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}

{"title":"A New Phase in Sino-Iranian Relations: 25-year Comprehensive Strategic Partnership","authors":"Enayatollah Yazdani, Ji Zeng","doi":"10.32996/ijlps.2023.5.5.5","DOIUrl":"https://doi.org/10.32996/ijlps.2023.5.5.5","url":null,"abstract":"This paper presents Iran and China's 25-year comprehensive strategic partnership as a new stage in their relationship. The 15-year agreement's potential to strengthen Sino-Iranian relations is discussed in the paper. The goal of the paper is to investigate, in particular, Iranian perceptions of the deal and to consider how it might affect ties between Beijing and Tehran. The focus of the paper is on the analytical approach used to show how the agreement may affect the relations between the two countries. The paper's findings indicate that Iranians have two opposing views on the agreement. While some support the agreement, others criticize the government for signing it. Furthermore, the paper indicates that if the agreement is implemented, it will deepen relations between Tehran and Beijing in a variety of ways. The paper would help to broaden our understanding of regional and international relations, particularly those between Iran and China.","PeriodicalId":475085,"journal":{"name":"International journal of law and politics studies","volume":"72 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135958964","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}

{"title":"Identification and Countermeasures of Network Defamation Crime: Present Situation, Supervision Status, and Criminal Applications","authors":"Renze Qu","doi":"10.32996/ijlps.2023.5.5.6","DOIUrl":"https://doi.org/10.32996/ijlps.2023.5.5.6","url":null,"abstract":"The network defamation crime presents a serious legal quandary in the digital age. This paper delves into the identification, supervision, criminal applications, and countermeasures of the network defamation crime. First, we clarify the constitutive requirements of the crime and propose a meticulous standard to balance freedom of speech with safeguarding individuals’ rights and interests. Second, we establish an effective onus of proof, thereby alleviating the plaintiff’s load and expediting the judicial process. Simultaneously, we emphasize combating false information to uphold the integrity of cyberspace and further explore the intricate impact of network environments’ anonymity and virtuality on evidence collection, as well as the balance between freedom of speech and individual rights. Finally, this paper puts forward the establishment of transnational cooperation mechanisms and the oversight of social media platforms as a comprehensive strategy to effectively tackle the global challenges in the network defamation crime and contributes valuable insights and suggestions for the wholesome development of cyberspace through detailed discussion.","PeriodicalId":475085,"journal":{"name":"International journal of law and politics studies","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135959897","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}

{"title":"Conflict between Indigenous Peoples and Forest Concession Rights Holders in Customary Forest Management in Gowa Regency, South Sulawesi","authors":"Baso Madiong, None Sobirin, Abdul Karim","doi":"10.32996/ijlps.2023.5.5.4","DOIUrl":"https://doi.org/10.32996/ijlps.2023.5.5.4","url":null,"abstract":"The determination of indigenous peoples' rights to customary forests has been regulated and recognized in the State Constitution of the Republic of Indonesia of 1945 and Law Number 5 of 1960 concerning Basic Provisions of Agrarian Principles (UUPA) and the Constitutional Court Decision of the Republic of Indonesia Number 35 of 2012, but until now there are still many government activities and companies holding Forest Concession Rights Permits that claim customary forests as state forests. This has resulted in conflicts in customary forest management. This study aims to analyze the causes of conflicts over customary forest land conversion in the Gowa Regency and analyze the legal consequences of conflicts in the Gowa Regency customary forest areas. This research uses qualitative research with a descriptive type. By conducting in-depth interviews with the Gowa District Forestry Service, Customary Leaders and company leaders holding Forest Concession Rights Permits. The results showed that there was a conflict in customary forest management in Gowa Regency, caused by each party, both local governments, Forest Concession Rights (HPH) holders and indigenous peoples claiming that they did not clearly understand the meaning contained in the legislation and also the Gowa Regency Regional Regulation which recognized the rights of indigenous peoples only limited to recognition but in fact, deprived indigenous peoples of their rights in the form of forests, as a result of the legal occupation of customary forest areas in Gowa Regency by local governments and HPH Permit Holders, flooding and erosion due to massive deforestation and residents around the forest are declining health level (Poor). For this reason, the local government is expected to immediately make optimal efforts to empower indigenous peoples in the form of forests so that they can improve their welfare and not give permission to companies to manage customary forests in the Gowa Regency so that conflicts are not prolonged.","PeriodicalId":475085,"journal":{"name":"International journal of law and politics studies","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135153855","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}

{"title":"Shepard’s Validation of Antitrust Relief Framework on Patent Infringement of Novartis’ Cancer Drug Using Genomic Architectures of Legal Literature based on UK Intellectual Property Law","authors":"ZHARAMA LLARENA","doi":"10.32996/ijlps.2023.5.5.3","DOIUrl":"https://doi.org/10.32996/ijlps.2023.5.5.3","url":null,"abstract":"Comparative law is designed for alignment of constitutional law with other countries advocating public welfare and safety. The United States has an Intellectual Property provision under U.S. Fair Clause using their constitution as pre-emptive doctrine. The aim of this paper is to evaluate the applicability of UK Intellectual Property Law based on their complexed policies on Artificial Intelligence. Hence, it leads to problem statements questioning: (1) the eligibility of matters of facts did not meet UK IP Law; (2) the standard for evidence towards invention using Artificial Intelligence does not conform with UK IP Law; (3) Liability in AI patent infringement is not subsistent in UK IP Law; and (4) AI’s compliance is not subject for responsibility under creativity and non-obviousness criteria. The Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement promotes public welfare and safety under constitutional laws. India, as a member, is obliged to comply with the standard of evidence in patentability under World Trade Organization (WTO). The WTO is a committee responsible for advocating business law. Invention for marketability of patent product has its own complexed policy to comply for acceptance of an Intellectual Property creation. Constitutional law is designed to be made comparable with other countries, promoting the monetary success of their nation exhibiting economic progress in industrial and technological advancements. Hence, authorless works marking artificial intelligence towards public health and safety must be done in lack of any dedication to human connections, resulting in immersion of their “new” product as a work of art, making non-obviousness skills to people as part of common logic and interests, hence, a product of convenience. This intergovernmental task force is vital to implement constitutional laws comparable to other countries. Hence, the advocacy of business ethics is a highly acknowledged means of making the lives of people to be technologically advanced with convenience. Thus, inventions should be made affordable for public access.","PeriodicalId":475085,"journal":{"name":"International journal of law and politics studies","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136192021","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}

{"title":"The Validity Measurement of Murder using Model Penal Code of Statutory Codes and Common Law Jurisdiction based on Heidegger’s Theory of Truth","authors":"ZHARAMA LLARENA","doi":"10.32996/ijlps.2023.5.3.6","DOIUrl":"https://doi.org/10.32996/ijlps.2023.5.3.6","url":null,"abstract":"Heidegger’s philosophy of truth is a critical revelation concerning criminalization. The idea of truth has been a long series of debates among scholastic artworks since the idea of man’s interactions cannot be extrapolated to knowledge-seeking existence. Hence, evidence law pertaining to types of killings, such as degrees of murder, with depraved heart killings of another, based on statutory codes and murder from common law jurisdiction, have elements for evaluation of its severity of criminal offense subject to punishment based on Model Penal Code. Although centuries have passed, erudite articulation of these issues led to the development of questions, like ‘what are the elements of murder crucial for unlawful perpetration?’, ‘what are the arguments concerning exact copy of legal instruments?’ or ‘what must be the facts needed to make it essential for the validity of measurement concerning crime perpetration of murder?’ for tools of becoming. This article asserts that when the concept of truth, known as Aletheia (disclosure), is applied to criminal law, there must be three repercussions for this truth characterization. First, Aletheia is not restricted to propositions resulting in the discovery of its various forms depicting Being-in-the-World. Second, the idea of truth does not only involve a substance for language and thought but also exposure to factual materials. Lastly, Aletheia simultaneously reveals and hides planned occasions, constantly discussing that the truth is always a becoming process, a series of returning existence. Every discussion of truth in murder under criminal law has the tendency to create another intricate philosophical issue. The three exceptional principles of truth, namely, correspondence, coherence, and pragmatic theories, are deemed to be inadequate in resolving the questions on proof of facts, as mentioned, due to the issue of existence. The theory of Heidegger suggests that we must rely on the ancient Greek concept of ‘unconcealment.’ Upon this validation, this paper applies critical assessment to reveal the concept of truth, seeking justice based on proof of facts involving the crime perpetration of murder constituting Heidegger’s opinions and judicial decisions. Heidegger’s truth is designed to Dasein (existence) as for being. The philosopher believes in the existence of truth due to exposure to its existence; hence, the Australian Legal System serves as the common ground in formulating laws based on legal theories as a legislative framework pre-emptive to constitutional law towards application of its legal practice and regulatory policies to be in harmony set for amendments of constitutional gaps in terms of applying the critical assessment of Heidegger to other comparative laws based on political agendas for monetary success.","PeriodicalId":475085,"journal":{"name":"International journal of law and politics studies","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135337977","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}

{"title":"Juridical Review of the Authority of Local Governments in Management of Coastal Areas and Small Islands","authors":"Andi Tenri Gusti Harnum Utari Natassa, None Sunardi, Joko Setiyono","doi":"10.32996/ijlps.2023.5.2.7","DOIUrl":"https://doi.org/10.32996/ijlps.2023.5.2.7","url":null,"abstract":"The purpose of this research is to examine the authority of local governments in managing coastal areas and small islands and how the legal sanctions for violations of the management of the Coastal Zone and Small Islands. Coastal areas and small islands are part of natural resources controlled by the state and need to be preserved so that they can be used for the prosperity of the people. In this study, the method used is normative juridical, namely research that examines norms in positive law. The results of this study are the authority of the local government in managing coastal areas and small islands are regulated in Law No. 1 of 2014 concerning amendments to Law No. 27 of 2007 concerning the Management of Coastal Areas and Small Islands, which include: planning, utilization, monitoring, and controlling activities for human interaction in utilizing coastal resources and small islands as well as natural processes in a sustainable manner in an effort to improve community welfare and maintain the territorial integrity of Indonesia.","PeriodicalId":475085,"journal":{"name":"International journal of law and politics studies","volume":"2 5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135927010","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}

{"title":"Online Buying and Buying Regulation Based on Law Number 8 Year 1999 Concerning Consumer Protection and Law Number 19 Year 2016 Regarding Amendment to Law Number 11 Year 2008 Concerning Electronic Information and Transactions","authors":"Iwan P Manurung, Budi Santoso, Joko Setiono","doi":"10.32996/ijlps.2023.5.1.20","DOIUrl":"https://doi.org/10.32996/ijlps.2023.5.1.20","url":null,"abstract":"This study aims to analyze the online trading arrangements based on Law Number 8 of 1999 concerning consumer protection and Law Number 19 of 2016 concerning amendments to Law Number 11 of 2008 concerning electronic information and transactions. The study used a normative juridical approach. The results show that legal protection for online shopping consumers can be provided in terms of legal certainty as stipulated in the laws and regulations governing online shopping, namely Law Number 19 of 2016 concerning Amendments to Law No. 11 of 2008 concerning Electronic Transaction Information in conjunction with Law No. 8 of 1999 concerning Consumer Protection. The existence of an electronic contract, as regulated in Article 18 (1) of the ITE Law, is recognized and has the same position as a conventional sale and purchase contract. Through electronic contracts, consumers can sue business actors if a dispute arises due to the electronic transaction.","PeriodicalId":475085,"journal":{"name":"International journal of law and politics studies","volume":"60 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136007209","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}

{"title":"Juridical Review of Law Enforcement against Criminal Acts in the Banking Sector","authors":"Donny Dwija Romansa, Budi Santoso, Joko Setiono","doi":"10.32996/ijlps.2023.5.1.18","DOIUrl":"https://doi.org/10.32996/ijlps.2023.5.1.18","url":null,"abstract":"This study aims to analyze the juridical review of law enforcement against banking crimes. The research used a normative juridical method with a peruandang-invitation approach. The results of the study indicate that Banking Crime is a behavior, either in the form of commissioning or omission, using banking products as a means of conduct for the perpetrators or banking products as behavioral targets. The perpetrator has been determined as a criminal offense by law. Banking crime is a crime that fulfills the elements as referred to in Article 46 to Article 50A of the Banking Law or Article 59 to Article 66 of the Sharia Banking Law. The scope of banking crimes contained in the Banking Law and the Sharia Banking Act are: 1) Criminal acts related to licensing; 2) Criminal acts relating to bank secrecy; 3) Criminal acts related to bank supervision; 4) Criminal acts related to bank business activities; 5) Criminal acts related to affiliated parties; 6) Criminal acts relating to shareholders; 7) Criminal acts related to compliance with the provisions.","PeriodicalId":475085,"journal":{"name":"International journal of law and politics studies","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136007292","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}