JournalTOCs

International Journal of Law and Politics Studies
Number of Followers: 6

This is an Open Access Journal

Open Access journal
ISSN (Online) 2709-0914
Published by Al-Kindi Center for Research and Development

[14 journals]

Desperate Journey: Experiences of Persons Deprived of Liberty in Carcar
City Jail
- Authors: Joemar Paclauna
  Abstract: This is qualitative research on the experiences of persons deprived of liberty in Carcar City Jail during the COVID-19 pandemic. The study sought answers to the life-changing experiences of the informants during the COVID-19 pandemic, how they coped with the challenges they encountered, and the impact of the COVID-19 pandemic on the lives of the persons deprived of liberty. The study utilizes the phenomenological method of research. There were 10 informants individuals confined at Carcar City jails for the periods 2017-2018 and 2019-2022 respectively. They were selected based on the preset criteria of being in the facility during the COVID-19 pandemic. The research proceeded with an in-depth interview using the interview guide and voice recorder. The interviews were transcribed and with the use of Colaizzi’s method of analysis, eight emergent themes were created, namely: In the Life-Changing Experiences of the Informants during the COVID-19 Pandemic, three themes were created, namely: Breaking Momentum: Reminiscing the Older Self; Recovery Point: Road to Redemption; Breaking Point: The Moment of the Greatest Collapse; and Point of Reckoning: Reflection of One Self. In coping with the challenges encountered during the COVID-19 pandemic, two themes were created: Desolation: In the Face of Sorrow and Healing a Broken Soul: It's OK Not to Feel OK. For the impact of the COVID-19 pandemic on the lives of the informants, two themes were created Retooling: The Long and Winding Road of Change and Reborn: The Return of the Prodigal Son. It is recommended in this study that the persons deprived of liberty experience creating an avenue for them to strive to change their perspective in life and stay away from things that might trigger them back to their old ways. The families of the informant's continuous support and understanding as to the source of the PDL’s strength and hope for their loved ones who are undergoing treatment programs and to stay strong to weather the storm and see the light beyond the darkest part of the tunnel. The DILG, BJMP, LGU and community should all play a role in achieving a holistic approach to rehabilitation as a program instrument by providing the necessary resources and equipment to fully achieve the goals of rehabilitating persons deprived of liberty as changed individuals upon reintegration into the folds of the community.
  PubDate: Tue, 06 Aug 2024 00:00:00 +000
Analysis of the Jurisprudence of Article 58 of the United Nations
Convention on the Law of the Sea (UNCLOS) and the Positions of West
African Countries
- Authors: MAMADOU GUEDIOUMA DIARRA
  Abstract: Article 58 of the United Nations Convention on the Law of the Sea (UNCLOS) addresses the rights and obligations of States in the exclusive economic zones (EEZ) of other States. It guarantees third-party States the freedom of navigation, the laying of submarine cables and pipelines, and other internationally lawful uses of the sea related to these activities. However, these rights must be exercised in accordance with the laws and regulations of the coastal State and the UNCLOS itself. The jurisprudential analysis of this article reveals various interpretations, often influenced by distinct national contexts and interests. Disputes related to the EEZ mainly focus on issues of maritime delimitation, the exploitation of natural resources, and the protection of the marine environment. West African countries, rich in marine resources, have diverse positions depending on their economic, security, and environmental interests. Some favor a strict application of their sovereign rights to maximize economic benefits and resource sustainability, while others advocate for regional cooperation to manage potential conflicts and strengthen maritime security. In summary, Article 58 of UNCLOS is essential for balancing the interests of coastal States and third-party States in the EEZ while allowing for the harmonious management of maritime resources and maritime security.
  PubDate: Tue, 06 Aug 2024 00:00:00 +000
Review of the Opportunities for Collaboration Between Civil Organizations
and Foundations with the Business Sector in the Republic of North
Macedonia
- Authors: Mevludin Ibish; Nikola Dacev
  Abstract: The development of the civil sector in society is of utmost importance for the democratic values of a country and the promotion of civic awareness. Cooperation between civil society organizations and businesses is a model that has been proven to work. In the Republic of North Macedonia, with the adoption of the Law on Donations and Sponsorships in Public Activities in 2006 and the Law on Associations and Foundations in 2010, the legal framework that regulates this area was harmonized with European standards, and the foundations were laid for the development of measures that will help the sustainability of the civil sector. Аppreciating the contribution of the civil sector and its significant role in the development of society, encouraging pluralism, tolerance, and the development of democracy, 3 strategies for the cooperation of the government with the civil sector with an action plan were adopted in the Republic of North Macedonia in the past 15 years. These strategies were largely implemented through the adoption of several amendments to the aforementioned laws. In this paper, a detailed analysis is made of the Law on Donations and Sponsorships in Public Activities and the Law on Associations and Foundations in 2010 with their amendments. Research has also been done on the practical application of the legal norms that will indicate the advantages and weaknesses of these provisions. The primary goal of this paper is to determine the possibilities and ways to strengthen the cooperation between civil organizations and foundations and the business sector.
  PubDate: Tue, 06 Aug 2024 00:00:00 +000
The Role of the State in the Development of Agricultural Cooperatives in
Vietnam: Cause and Effect Relationship Between Law and Practical
Effectiveness
- Authors: Minh Trạch Trịnh
  Abstract: The article analyzes the role of the state in the development of Vietnamese agricultural cooperatives. The results show that state intervention does not ensure the independence, autonomy, private ownership, and operation according to market mechanisms of agricultural cooperatives; causes a conflict between the state's direction and management perspective and the operation of the market mechanism; creates a mentality of dependence, waiting and reliance of the Board of Directors of agricultural cooperatives on the state; creates inequality between economic sectors, and creates a burden on the state budget.
  PubDate: Tue, 06 Aug 2024 00:00:00 +000
Fundamentality of Indonesia’s Economy Development: Emphasizing
Responsibilities on Genetically Modified Products Consumption
- Authors: Tami Rusli; Tandaditya Ariefandra Airlangga, Zainab Ompu Jainah, Hilaire Tegnan, Erlina B
  Abstract: Genetically modified food's potential risks to human health create legal discussions on the producer’s responsibility. In the context of Indonesia's economic development, emphasizing the producer’s responsibility is vital in providing legal protection for genetically modified food products’ consumers. Hence, this research aims to identify the producers’ responsibility for genetically modified food products in Indonesia in relation to the development of the national economy. According to the result, the responsibility of genetically modified products food producers toward consumers’ losses has yet to fulfill the principle of justice. The main reason is the distinct economic position, where producers have broader power than consumers. Thus, the strict liability principle’s implementation will protect the position of genetically modified food product consumers to serve justice. Applying the strict liability principle to producers’ responsibility will foster a prudent attitude toward genetically modified food production. Moreover, this principle will maintain the quality of the products and contribute to Indonesia's economic development. This research uses normative and empirical juridical approaches.
  PubDate: Thu, 01 Aug 2024 00:00:00 +000
The Value of Pancasila as an Ideological Based for the Development of the
Legal System in Indonesia
- Authors: Bambang Hartono
  Abstract: Indonesia is a multicultural society with personal and group consciousness. Legal progress in Indonesia was influenced by cultural and community awareness. Indonesia is a multicultural culture with diverse legal awareness. Although Indonesia has many cultures, the equation should be applied to construct a legal union. Pancasila is the intellectual foundation for Indonesia's unitary state; hence, passing a national law must be founded on it and the 1945 Constitution as the supreme rule to achieve national unity. This study will show that the law enacted today does not reflect Pancasila and impressed liberalism because it is draughted and enforced on the basis of normative thinking rather than empirical thinking about the case and plural society. Methodology Pancasila and culture's role in legislation that impacts the other will be thoroughly examined in this article. Thus, for the welfare of the nation and public awareness of the law, this study will explain the need for systemic and continuous legal systems that reflect the Indonesian nation, namely Pancasila-based legislation.
  PubDate: Thu, 01 Aug 2024 00:00:00 +000
Law Enforcement against Copyright Infringement for Unauthorized Use/Sale
of Other People's Fan Art on the Internet under Law Number 28 of 2014
Concerning Copyright
- Authors: Erlina B; Zainab Ompu Jainah, Tami Rusli, Melisa Safitri, Kesuma Irdini
  Abstract: The problem of copyright infringement and law enforcement against the use/sale of fan art without permission on the internet based on Law Number 28 of 2014 is the focus of research on the Director General of IPR Kemenkumham Lampung Regional Office. Normative juridical and empirical juridical methodologies are the methods used in this research. The results showed that the factors of copyright infringement on the use/sale of fan art of others without permission on the internet are the lack of knowledge and understanding of the public to copyright protection, seeking personal gain for commercial purposes, and law enforcement in copyright is still weak. Act No. 28 Year 2014 regulates the offense of complaint against copyright in the form of verbal reprimand through the mass media without a lawsuit for compensation. The author suggests the government, together with IPR institutions, socialize with the public about the importance of copyright, infringement, and its impact and can report if there is a violation with strong evidence.
  PubDate: Mon, 29 Jul 2024 00:00:00 +000
Experience and Enlightenment of Russian Water Right System
- Authors: Ting Wu
  Abstract: This article provides a comprehensive overview of Russia's water resources, their development and utilization status, as well as the water rights system and related laws and regulations. It begins by detailing the abundant rivers, lakes, and groundwater resources in Russia. The analysis highlights that Russia has a high proportion of industrial water use, advanced water recycling technology, and significant water storage capacity in numerous reservoirs. The article also delves into the main contents of the Russian Federation Water Law, covering ownership and usage rights of water resources, and the legal responsibilities for water protection and management. Finally, it summarizes the experiences and insights from Russia's water rights system, emphasizing the importance of integrated basin management, clear water rights ownership, and the establishment of a comprehensive legal framework.
  PubDate: Mon, 22 Jul 2024 00:00:00 +000
Lived Experiences of Chiefs of Police in the Implementation of Executive
Order #70 in Negros Occidental
- Authors: ANDRO MA-APNI
  Abstract: The Philippines has been dubbed as a "haven for terrorists" and was identified as one of the countries with the most significant number of communist party organizations in the recent decade. This study explored the lived experiences of Chiefs of police in the implementation of the National Task Force to End Local Communist Armed Conflict in the Province of Negros Occidental. The informants of this study were seven (7) Chiefs of police throughout the Province of Negros Occidental who were subjected to individual in-depth interviews. Eight (8) emergent themes described the positive and negative experiences of the informants assigned in the implementation of NTF-ELCAC. For the positive experiences, four (4) themes were developed, namely: Triumphs of Governance: Orchestrating Success in Project Realization, Unleashing the Power of "We": Embracing Community Involvement, Illuminating Minds: Cultivating People’s Understanding through Effective Communication, and Planting Seeds of Appreciation. For the negative experiences, four (4) themes were formulated, namely: A Badge and a Prayer: Risking All to Uphold Law in Mountain Lands, Echoes in a Chamber of Neglect to Government’s Broken Promises, Extending Olive Branches Across Battle Line, and Navigating the Minefield. In addressing the challenges encountered by the informants in the implementation of NTF-ELCAC, four (4) themes were created, namely: Collaborative Policing, Fortifying Security, Effective Community Partnerships, and Embracing the Storm with Resilience. For the informant’s aspirations to improve the implementation of NTF-ELCAC, four (4) themes were formulated, to wit: Harmonious Police Force Collaboration, Sharpening the Spear: Building Resilient and Effective Officers, Like a Well-Oiled Machine: Ensuring Smooth Ammunition Supply and Combat Preparedness, and Undeterred Determination: A Chronicle of Unwavering Commitment to Serve and Protect.
  PubDate: Sun, 21 Jul 2024 00:00:00 +000
Study on the Content of Prefabricated Dishes Policy Texts in Guangdong
Province from the Perspective of Policy Tools - Policy Text Analysis Based
on NVivo
- Authors: Huiting Li
  Abstract: In recent years, as an emerging industry, prepared dishes have gradually entered people's vision, with rapidly growing market share and gradually increasing government support. This paper investigates the structure of the prefabricated dishes policy from the perspective of policy tools by constructing a two-dimensional analysis framework of “policy tools-policy themes” and analysing the content of 59 policy texts that are strongly related to the prefabricated dishes policy using NVivo12. The results found that the published policy documents have the problems of irrational overall structure of policy tools, imperfect distribution of policy themes, and poor adaptability of policy tools and policy themes. Based on this analysis, it is proposed that policy support be improved by optimising the proportional structure of policy tools, improving the release of policy documents for each theme, and improving the degree of matching between policy themes and policy tools.
  PubDate: Fri, 12 Jul 2024 00:00:00 +000

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