Authors:M. Yakub Aiyub Kadir, Siti Nurhaliza Pages: 1 - 18 Abstract: Serious concerns on the rights of Afghanistan’s women and girls have been raised ever since the Taliban returned to power on 15th August 2021. This paper uses a normative methodology to investigate the discrepancy of legal argument in the international law of succession in terms of status of Taliban within the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) framework. This paper confirmed that the Taliban is the de facto government of Afghanistan as the Taliban have effective and integrated control over a state territory and there is no competing entity with a solid constitutional claim. Therefore, the Taliban is bound by international law to guarantee that women enjoy equal educational rights, including access to school and curriculum. However, the current framework of CEDAW, including the CEDAW committee has not be able to cope with such issues, as it should be reformed in the next future. PubDate: 2023-01-14 DOI: 10.18196/jmh.v30i1.16020 Issue No:Vol. 30, No. 1 (2023)
Authors:Manuel Campos Lago Pages: 19 - 28 Abstract: Children are frequently turned into child soldiers or used as human shields in armed conflicts. The use of child soldiers is condemned by all nations and is regarded as a grave breach of both children's rights and international humanitarian law. The paper aims to discuss pertinent provisions of international legal norms, particularly those that relate to child soldiers in the sequence of their adoption. Additionally, it presents the issue of the implementation of several international conventions on the issue of using child soldiers and its atrocities in the international community. As the result, when it comes to addressing the issue of child soldiers, the international legal sources do not present a consistent picture. There has been a various provision in the determination of minimum age of a child that led to major debates among international communities. The situation is further exacerbated by the fact that, while some countries have accepted the convention as binding on themselves, their implementation faces significant challenges, such as the fact that the majority of international treaties lack sanctioning power, limiting their ability to properly accomplish the preventive purpose. PubDate: 2023-02-21 DOI: 10.18196/jmh.v30i1.17618 Issue No:Vol. 30, No. 1 (2023)
Authors:Sinta Devi Ambarwati, Sudarsono Sudarsono, Shinta Hadiyantina Pages: 29 - 47 Abstract: The research analyses whether the regulations concerning the mechanisms of control and evaluation of regional regulations on taxes and levies, as outlined in Law No.1 of 2022, comply with the concept of regional autonomy in Indonesia. With normative juridical approach, this research found that the mechanisms of control and evaluation of regional regulations on taxes and levies do not comply with the concept of regional autonomy. However, such mechanisms are required in Indonesia as a unitary state that is based on autonomy, since no system of autonomy works in the absence of control. Nonetheless, in this case, the supervisory authority given to the central government, in the form of preventive and repressive supervision, tends to cause too much interference in the process of shaping policies regarding regional taxes and levies, which should be within the authority of regional governments. Therefore, assertive and specific provisions should be made to prevent intervention by the central government that goes beyond what is required PubDate: 2023-03-01 DOI: 10.18196/jmh.v30i1.14172 Issue No:Vol. 30, No. 1 (2023)
Authors:Hartinie Abd Aziz, Zuhairah Ariff Abd Ghadas, Assane Buana Ossofo Pages: 53 - 65 Abstract: Corporate Social Responsibility (CSR) is an essential component of the shariah corporation framework. In the current corporate model, CSR is still an option rather than a company objective. The need for CSR is still being debated among companies, with some believing that it is in the long-term self-interest of a business to be socially responsible, while others view CSR as weakening a business's primary purpose. Islamic law requires Muslims to not only be governed by the al-Quran and as-Sunnah but also to be subject to the objective of Syariah, namely Maqasid Syariah. The research aims to provide analysis and recommendations to improve the practice of CSR according to the concept of Maqasid Syariah. This qualitative research used doctrinal legal method with employing secondary data. The outcome of this research is significant as a basis for law reform to develop a Shariah Compliant Corporation. It is crucial to incorporate CSR into the Shariah-compliant business model to ensure that businesses are responsible not only for maximizing profits but also for contributing positively to society. The incorporation of CSR into the Syariah-compliant business model is crucial in achieving the objectives of Syariah, namely, the promotion of human welfare, justice, and sustainability PubDate: 2023-03-11 DOI: 10.18196/jmh.v30i1.16916 Issue No:Vol. 30, No. 1 (2023)
Authors:Dodi Jaya Wardana, Sukardi Sukardi, Radian Salman Pages: 66 - 77 Abstract: Participation from the general public is an essential component that must be taken into account during the legislative process. It is essential to the operation of laws in a country and includes the participation of society in the legislative process. This is particularly important in terms of the rule of law, the hierarchy of legal norms, and the operation of the law in its entirety. The purpose of this research is to evaluate the significance of public participation in the legislative process in Indonesia as well as the potential repercussions of excluding this procedure from the legislative process. For the purpose of carrying out this research, normative legal research that takes both a statutory and conceptual strategy was utilized. According to the findings, public participation offers a variety of possibilities for involvement, in accordance with the requirements of Article 96 of Law Number 11 of 2012 on the Formation of Regulations (UU P3). Due to this, the importance of public participation cannot be overstated, despite the restricted channels through which members of the public can communicate their thoughts and goals. PubDate: 2023-03-12 DOI: 10.18196/jmh.v30i1.14813 Issue No:Vol. 30, No. 1 (2023)
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