Authors:Agim Nuhiu Abstract: The organized system for the prevention of violent extremism and terrorism constitutes a necessary step in the framework of the detection and effective prevention of criminal activities related to these two acts. National strategies and action plans, as important state documents, as well as the National Committee for the Suppression of Violent Extremism and the Fight against Terrorism need unquestionable support from the media as well as law enforcement institutions, in the form of a Task Force which would function on the basic principles and strategic goals of this prevention system. A very important role in this preventive system would have the media, which would promote this war, in a form acceptable to the public, while also maintaining not only its principles but also social balances. Keywords: extremism, terrorism, strategy, security, justice, media DOI : 10.7176/JLPG/120-17 Publication date: April 30th 2022
Authors:Moh. Sawi Abstract: By the issuance of TAP MPR Number VII/ MPR / 2000 and Act Number 34 of 2004, particularly provisions of Article 65 paragraph (2), based on the law principle of Lex Posteriore Derogat Lex Priori, the competence of General Court should include the Indonesian National Army soldiers for violating general criminal law. The enforcement of judicial competence adhered to the provision of Article 65 paragraph (2) of Act Number 34 of 2094, shall be preceded by reformation of criminal law in the military court or general court environment which is adapted to the substance of Article 65 paragraph (2) Act Number 34 of 2004. Furthermore, the settlement of general criminal dispute by the National Army after the enforcement of Act Number 34 of 2004 shall constantly be under the guidance of KUHPM and Act Number 31 of 1997 on Military Court. The reformation of criminal law within the General Court is related to General Court Competence for TNI who commits general criminal acts in the future, As Ius Constituendum, it is necessary to regulate the roles and functions of Superiors who have the right to punish (hereinafter referred to as Ankum) and Case Transfer Officers (hereinafter referred to as Papera) in the settlement of general criminal cases for TNI soldiers. Some other matters need to be regulated namely; the investigators shall be from the Military Police Officers, public prosecutors are carried out by the Military Prosecuting Attorney, and the judges are both Military and general Judges, as well as TNI soldiers whose sentences as convicts have been decided, are fostered in the Military Correctional Institution. Keywords: Juridical Review, Act Number 34 of 2004, Indonesian National Army (TNI) DOI : 10.7176/JLPG/120-01 Publication date: April 30th 2022
Authors:Nanang Selamet; Aries Harianto, Ainul Azizah Abstract: The provision of the Civil Code (KUHPerdata) Article 3 mentioned that none of punishment can eliminate a person’s civil right, and no single penalty can result in civil death or the loss of all civil rights. One of a person’s civil rights is binding himself to other people in form of an agreement in accordance with the provision of Article 1329 of the Civil Code. These rights are reflected in a person's way to meet the needs of living as a livelihood. Meanwhile, the Article 35 paragraph (1) of the Criminal Code (KUHPidana) stated that the right to pursue certain livelihoods of a person can be revoked as a form of punishment received. These two different provisions originating from the two different laws indicate that conflict of norms exists. Norm conflicts may lead to legal uncertainty, especially when the law is required to solve various problems occur in society. The issue concerns convict’s legal position on the person who has an interest in appearing before a notary for signing a notarial deed, because the deed may be very decisive for a person's business wherever he is, including a prisoner. The above conflicting norms academically may raise various legal issues, including the revocation of the right to pursue specific livelihoods, and whether the revocation is also a barrier for the convict to appear before a notary because the legal interests require it. Through this research, some of these questions will be answered using a normative juridical type of research. Keywords: Certain Livelihood, Legal Certainty, Norm Conflict, Notary Deed, DOI : 10.7176/JLPG/120-02 Publication date: April 30th 2022
Authors:IBRAHIM SHEHU Abstract: The emergence of the internet has created so many opportunities, individuals, governments and business are legally availing themselves of the increasing sophistication and utility of the internet. The waves of this innovation have touched all spheres of human life. In spite all this, the cyberspace which is the creator of the internet has come with a number of challenges. It presents a new frontier for criminology by introducing a new form of deviance, crime and social control. Cyberspace is changing the nature and scope of offending and victimization. The police are powerless in addressing the challenges posed by the emergence of the internet, even though there are frantic efforts and measures taken especially by developed countries to arrest this menace through internet policing. In Nigeria, the situation is entirely different. Therefore, the focal point of this paper will unravel is to examine internet policing with particular reference to Nigeria. The paper will further unravel some of the challenges face via internet policing in Nigeria. The methodology to be adopted is doctrinal. The paper will conclude by making recommendation on how Nigeria will utilize internet policing in tackling crime. DOI : 10.7176/JLPG/120-03 Publication date: April 30th 2022
Authors:Amal Najem Alselmi Abstract: For those states that have accepted the concept, the principle of universal jurisdiction arising from the fourth Geneva Convention of 1949 is a code that empowers the national courts to have authority over cases of crimes against humanity in their specific countries. The principle has been the subject of divisive issues relating to various aspects of international law, including concerns regarding its authenticity as well as how this principle should be implemented.This study’s significance stems from its review of the code of universal jurisdiction, whether it has to be abandoned or not, and whether it ought to be moderately applied. Nevertheless, this study bridges the gap of understanding on the extent of the submission to universal jurisdiction, and whether it is fully or partially applied or on the path to being abandoned. It also seeks to assess the applicability of universal jurisdiction. Keywords: Universal Jurisdiction, Application DOI : 10.7176/JLPG/120-04 Publication date: April 30th 2022
Authors:Dominikus Rato; Aries Harianto Abstract: This study aims at analyzing the settlement patterns of customary land disputes based on local wisdom on the state border between the Republic of Indonesia (hereinafter referred o as RI) and the Democratic Republic of Timor Leste (hereinafter referred o as RDTL). This pattern has been going on for generations since their ancestors by deliberation and consensus. The pattern of deliberation and consensus is the local wisdom of the tribes on the island of Timor. Based in this local wisdom concept, the effectiveness of its function to resolve conflicts over customary lands in the border area between the Unitary State of the Republic of Indonesia and the Democratic Republic of Timor Leste is examined. Through the socio-legal approach and the explanations of customary law theories and legal anthropology, it was found that deliberation was able to resolve customary land conflicts at the state borders, especially between RI and RDTL in Kupang Regency as long as there was no political intervention. This pattern is able to shift the diplomatic approach often used in the world of politics. Therefore, this pattern must be prioritized to resolve customary land conflicts on state borders before political efforts are implemented. Keywords: conflict resolution models, customary land conflicts, deliberation and consensus, local wisdom. DOI : 10.7176/JLPG/120-05 Publication date: April 30th 2022
Authors:Babajide S. Shoroye Abstract: The doctrine of lifting the corporate veil constitutes the exception to the concept of corporate legal personality, but the ambit of the exception and the appropriate circumstances in which it should apply are contested both in case law and legal jurisprudence. It is far from settled when the corporate veil can be lifted, and no clear guiding principles have emerged in the United Kingdom and other common law jurisdictions such as Nigeria. In recent time, however, the authoritative decision of the UK Supreme Court in the case of Prest v Petrodel Resources Ltd introduced new principles of ‘‘evasion’’ and ‘‘concealment’’. Matters of legal significance do arise from the decision. For instance, in drawing distinctions between the principles of ‘‘evasion’’ and ‘‘concealment’’ the Court did not clarify beyond legal confusion the factual circumstances in which lifting the corporate veil would be appropriate and necessary. In this article, we examine the law on lifting the corporate veil as it has evolved in case law through the centuries. From a jurisprudential analysis of the judgment in Prest v Petrodel Resources Ltd, we examine the matters arising and proffer key suggestions towards striking the optimum balance between the concept of corporate legal personality and the doctrine of lifting the corporate veil. Keywords: Corporate legal personality, Lifting the veil, Prest v Petrodel, Limited Liability, Separate Legal Personality DOI : 10.7176/JLPG/120-06 Publication date: April 30th 2022
Authors:Marlia Sastro, Herinawati ; Muhammad Nasir, Arif Rahman, Lusi Tutur Mulia Abstract: This research focuses on studying the influence of equity principles in implementing social responsibility of palm oil companies in Aceh Province. The equity principle is mandated in Article 1339 of the Book of Civil Code which has been formulated in Article 74 paragraph (2) of Law Number 40 of 2007 concerning Limited Liability Companies. The research method in this article is normative juridical by using secondary data as the main data, and using field data as supporting data. Sources of legal material are obtained from primary, secondary and tertiary legal materials. Data analysis is done qualitatively by building arguments (legal reasoning). The effect of equity principles in the implementation of social responsibility of palm oil companies in Indonesia is contained in programs run by company due to the propriety of the company and the appropriateness of the people of Aceh. Thus the implementation of corporate social responsibility is in accordance with the appropriateness of Aceh, so that corporate social responsibility programs are beneficial to stakeholders. Keywords: Effect, Equity Principle, corporate social responsibility, palm oil. DOI : 10.7176/JLPG/120-07 Publication date: April 30th 2022
Authors:Tumanggor ; Heru Chairuddin Abstract: The existence of the capital market in Indonesia is one of the important factors and supports the implementation of national development in order to increase the equalization, growth, and stability of the national economy in the direction of improving the welfare of the people. In order to carry out this strategic role, the capital market needs to be supported by adequate infrastructure, a solid legal framework, and the professional attitude of capital market participants. In the implementation of legal partisanship over the interests of investors in the capital market, the principles of information disclosure must be carried out in all aspects that take place in the capital market. Capital market crimes such as fraud, manipulation, insider trading are very disturbing and detrimental to the interests of investors. This research uses normative juridical approach methods and is supported by empirical research. This research is mainly carried out through secondary data, in the form of literature research conducted on legal materials in the form of primary, secondary and tertiary legal materials. The data collection method used is literature studies and document studies, namely studying primary and secondary legal materials related to law enforcement against criminal acts that occur in the Capital Market which are then processed based on identification, classification, systematic and analysis. In accordance with the method of normative juridical approach that emphasizes secondary data, the strategy or approach used in conducting data analysis is a qualitative analysis method. In the research it was produced that law enforcement against criminal acts that occur in the capital market has not been optimal, with many cases that are not resolved to the court due to various factors. In fact, this is a priority in realizing an accountable capital market that has a strategic role in national development as one of the sources of financing and investment vehicles for the community. Keywords: Capital Market, Legal Protection, Law Enforcement, Investor, Investigator. DOI : 10.7176/JLPG/120-08 Publication date: April 30th 2022
Authors:IBRAHIM SHEHU Abstract: The outbreak of COVID-19 has exposed the weakness of the healthcare system of many countries around the world. Corona virus is an invisible enemy of humanity, it spread like a world fire. The internet revolution has forced some countries to change their healthcare system from traditional to telemedicine. The methodology to be adopted is doctrinal. The application of telemedicine in Nigeria and it will also unravel some of the challenges relating to telemedicine and the role played by telemedicine during the COVID-19 pandemic in Nigeria. The paper will conclude by making possible recommendation on how to improve telemedicine in Nigeria. DOI : 10.7176/JLPG/120-09 Publication date: April 30th 2022
Authors:Sugiyanto . Abstract: The legal protection applied in Indonesia must be the same to all citizens, it currently still can not provide adequate interests to some State Civil Apparatus (ASN), especially nurses in carrying out government duties as they are in dire need of legal protection when facing legal problems while carrying out their duties. This is the basis for the author to raise it into a study where the type of research is a Empirical-Legal type of research that is used to examine the function of a norm that lays the law as an instrument that regulates and controls society. The approach used in this research is conceptual, a statute approach, a philosophical approach, and a comparative approach. The analysis used in this research is descriptive-qualitative.The results of the study show that Nurses basically do not bear the burden of responsibility for errors that occur in health services, especially medical actions carried out by nurses based on the delegation of authority from doctors as long as their implementation is in accordance with doctor's advice. Therefore, Regarding the Condition of Legal Protection for Nurses as Civil Servants It is necessary to reconstruct Law number 5 of 2014 concerning State Civil Apparatus article 92 paragraph 1 point d relating to legal protection of State Civil Apparatus to issue implementing regulations so that State Civil Apparatuses in carrying out their duties The government's duties have clear legal protection so that the delegation of authority for medical actions carried out by nurses must be in written form given by doctors. Keywords: Reconstruction, Legal Policy, Nurse, Civil Servant. DOI : 10.7176/JLPG/120-10 Publication date: April 30th 2022
Authors:Sapto Budoyo; Osa Maliki, Toebagus Galang Abstract: Humans, in order to not get sick, in this case also including Covid-19, they don't only need drugs but also psychological contact and both of them can be obtained from communal sports. Simple activities such as sports together have an important position for improving the physical and mental health of humans. With the social distancing, commonly known as PPKM which has taken almost 2 years, it certainly has a big impact on the physical and psychological condition of humans, but on the other hand, the enforcement of the PPKM Protocol must continue to be carried out in order to prevent the spread of the Covid-19 pandemic. This is what made the research team interested in examining it in a study with the main problem of how to analyze the Covid-19 Prevention Health Protocol Compliance in the Sports Community by adhering to the type of empirical juridical research, namely qualitative-type of research that adheres to the results obtained in the field wherein this case, the research team chose the sports community in the Banyumanik sub-district as the research subject which was analyzed by data triangulation in order to get relevant results.The results showed that of the 30 samples who were members of the Tennis, Taekwondo, Jogging and Bicycle Sports Community in Banyumanik District, the sample who followed the Covid-19 prevention protocol that had been recommended by the government was above 50 percent despite the recommendation to use a mask and cover your mouth when sneezing or coughing are done less, besides that the majority of sanctions given to members who violate are only verbal reprimands (70 percent). The results of this study indicate that the level of awareness of the sports community to follow the protocol is quite good even though there are no sanctions that can provide a deterrent effect. Based on this the authors take the conclusion that joint exercise is necessary for mental and physical health, therefore the government needs to be even more active to increase public awareness about the importance of the Covid-19 Prevention Protocol. Keywords: Analysis, Covid-19 Protocol, Sports Community. DOI : 10.7176/JLPG/120-11 Publication date: April 30th 2022
Authors:Harun Tahiri; Kosovare Sadiku Abstract: In the face of the globalization of the economy, society relies on previously built sources of information, which are disseminated through the latest communication and information transfer technology. So, in the conditions of contemporary globalization, in the first place comes the new competitive factor - information. One of the indispensable conditions for the development of economic relations is the recognition of all market participants, because unpredictable situations can lead to serious economic consequences. It should be noted that the distribution of information among participants in the economy practically always carries an unequal character. The availability of scarce information offers significant competitive advantage that provides additional chances in the fight for competition. So, they represent an economic resource used in the production of goods, services, offer, demand, and the formation of the basic productive forces that are essential for doing business in contemporary conditions. Keywords: Information, data, cybernetics, knowledge, goods, services, IT etc. DOI : 10.7176/JLPG/120-12 Publication date: April 30th 2022
Authors:Mahir Al Banna Abstract: This paper studies the unclear position of international law on death penalty by highlighting the contradiction between the content of international treaties and the practice of States. The question of rise of changes in human rights standards and societal values has revived the debate to abolish capital punishment. Nevertheless, balancing between the satisfaction of most of the public opinion and the possibility of actions of States through international law and regional rights is difficult to achieve.The presentation of the various international and regional texts dealing with the death penalty, as well as the judicial advances in the matter, make it possible to highlight the current limits of the struggle for the abolition of the death penalty in the world. In fact, States ratify treaties to abolish capital punishment, but in their practice, they don’t abolish it due to their attachment to their sovereign power to control their criminal judicial system, and their conviction that applying death penalty does not violate international law and cannot affect international peace and security. Keywords: Death penalty – Genocide – Abolition – Retention – Sovereignty - Right to life –– ICCPR – Rwanda – UN DOI : 10.7176/JLPG/120-15 Publication date: April 30th 2022
Authors:Peter Atudiwe Atupare Abstract: This paper attempts to conceive the constitutions of African states in the post-colonial context, especially Ghana and Nigeria, as laws in a manner that will reflect the moral resources necessary to protect the wellbeing of their people. This is expected to be done through judicial interpretation of the constitutions. But this project might be frustrated by three problems. The problems of the multicultural strings; the colonial and post-colonial dualism; and the transitional democratic premises of these states. Notwithstanding these problems, I argue that the best value by which constitutions in Ghana and Nigeria can be assigned through judicial interpretation is adherent to a particular theory of law that priorities reason over the positivist character of the constitutions. Keywords: Constitution, Positivism, Constitutional Interpretation, Multicultural Strings, Post-Colonial Dualism, Transitional Democratic Premise, Moral Resources of Constitution, Fundamental Law, Human Rights, Rule of Law, Constitutional Positivism. DOI : 10.7176/JLPG/120-16 Publication date: April 30th 2022
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