JournalTOCs

International Journal of Law and Politics Studies
Number of Followers: 1

This is an Open Access Journal

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

[14 journals]

Criminal Protection of Aircraft
- Authors: Sultan Ahmed Taro; Muhammed Abbas Hamoodi
  Abstract: Human transportation, including travel, tourism, trade and transportation of goods through airspace has become one of the necessities and features of this era. Because of the technological development that the world has witnessed and its reflection on transportation, especially air transportation which is distinguished from other means in terms of the merit of speed, comfort and costs, the criminal protection of civil aviation, in addition to the national protection law, has organized it through international conventions such as Chicago Convention, Geneva Convention on the High Seas, Tokyo and Montreal Conventions. However, national and international protection did not prevent crimes against aircraft, rather, due to these developments, this crime has taken many other new forms. After the September 11 attack, even the aircraft was being used to attack civilians and governmental organs. Although substantive and procedural rules in international and national legislations protect aircraft, new forms of this crime which have emerged shall be addressed and complementary jurisdiction shall be adopted not to leave any legal gaps in criminal protection for aircraft.
  PubDate: Sat, 03 Jun 2023 00:00:00 +000
The Position of the Fidei Commis in the Division of Inheritance of
Indonesian Companies’ Shares
- Authors: Bernadette Wirastuti Puntaraksma
  Abstract: The issues in this research stem from the prohibition of the fidei commissum practice in the Western Civil Code, although there are various exceptions in certain cases. The concrete normative legal regulation prohibits fidei commissum, but it is still widely used in practice. This research is particularly interesting to be examined from a normative-philosophical perspective. The practical condition of fidei commissum does not reflect the values of justice and legal certainty, thus rendering the testament under fidei commissum in this Deed of Gift legally invalid. Fidei commissum is a closed, systematic, and individualistic legal system which deviates from the principles of justice. Similarly, with regards to the inheritance of company shares, it is regulated according to the Western Civil Code, but its transfer is specifically governed by Law No. 40 of 2007 concerning Limited Liability Companies.
  PubDate: Wed, 31 May 2023 00:00:00 +000
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
  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.
  PubDate: Mon, 22 May 2023 00:00:00 +000
Strengthening Legal Legality of Local Culture Creative Works to Support
Entrepreneurship in the Tourism Field
- Authors: Zulkifli Zulkifli; Andi Tira, Yulia Yulia, Muliati Muliati, Baso Madiong
  Abstract: Local cultural copyrighted assets have the potential to support entrepreneurship programs in the tourism sector because, in addition to being numerous and varied, they also have a close emotional relationship in the form of a sense of belonging to the supporting community. However, in practice, these copyrighted assets are problematic in terms of the legality of their ownership due to the weakness of the documents underlying the legal ownership relationship, so these local cultural assets often fall under foreign claims. Another problem is the legal institution that underlies it as an intellectual property right; there is an intersection of conceptions in the relationship between private ownership and communal ownership. This qualitative research uses an empirical normative legal approach by investigating written law as a new legal institution, examining legal principles regarding the applicability of law, studying article by article as a legal formality, and binding it as a force of legislation. The normative approach uses library research with secondary data sources, including conventions, laws, and regulations in Indonesia and journals on the legality of cultural copyright assets. While the empirical approach describes the enactment of the law regarding the legality of cultural copyright assets and analyzes the application of legal institutions regarding communal intellectual property in Makassar City. An empirical approach is used to explore data and information about the maintenance of the legality of cultural copyright assets, and the effects of legal weaknesses on the development of the tourism industry conducted through in-depth interviews with the Regional Office of Law and Human Rights of South Sulawesi, Makassar City Education, and Culture, distributing questionnaires to 100 respondents in Makassar City. The population determined is observers and actors of cultural arts activities in Makassar City. Each population has an equal opportunity to be selected as a sample, so by using a simple random sampling technique, the population is not sorted or stratified first. To determine the sample of informants to be interviewed, purposive sampling was carried out deliberately by the researcher based on certain criteria or considerations. The conclusion of the research shows that the confusion of conceptions can temporarily be overcome because it has been accommodated by Copyright legislation and has not shown any deviation between conceptions. Another conclusion is that the weakness of the legality of local cultural copyright ownership significantly affects the development of local culture-based tourism businesses.
  PubDate: Sat, 20 May 2023 00:00:00 +000
Walking into the Philippine Legislation: An In-Depth Analysis of the
Daughter Clause of Article 247 of the Revised Penal Code
- Authors: Maria Gabriela Aquino; Jazmin Cristna Villarosa
  Abstract: Article 247 of the Revised Penal Code is the Philippine version of honor-based legislation. This study aimed to analyze and examine the daughter clause of the article. The study delved into the legislative intent behind this Article as well as its conformability and harmony with the Constitution, international conventions and treaties, and local legislations through the blackletter methodology. By the use of a socio-legal method, it also examined the contestations on its implications specifically its justness and contemporaneous aptness. Furthermore, it assessed the repercussions it poses to minor daughters and the measures that should be taken to address the quandary of the Article. The findings showed that Article 247 is rooted in the principle of patria potestas and it does not conform with international obligations, municipal laws, and the Constitution. Its constitutionality was reviewed in accordance with the equal protection clause and the discriminatory classification of daughters. Since questions of its constitutionality remain as an argument due to the lack of locus standi, legislative measures are recommended to be pursued. It also reflected that as per the experts’ responses, Article 247 is unjust, archaic, and discriminatory to minor daughters. Moreover, the Article was found to reinforce patriarchy and the barbaric nature of medieval times which is not attuned to the current societal norm and civilized community. As reflected from the data, Article 247 has no place in the statutes of the Philippines, and should therefore be repealed.
  PubDate: Sat, 13 May 2023 00:00:00 +000
Revisiting Islamic Law in Indonesia’s Legal System Discourse: A Critical
Analysis of the Legal and Social Implications
- Authors: Hannani
  Abstract: This article examines the difficulties associated with reintroducing Islamic law (fiqh) into the legal system and regulations of a pluralistic contemporary society. The function of Islamic law in the context of contemporary society is examined, including its historical impact on Islamic civilization and the significance of Islamic legal legislation in Islamic modernism. The current reality is Islamic law's struggle with modern nation-states, especially in terms of its transformation and incorporation into the national legal system. The article also discusses Ibn al-Muqaffa's proposal for the first Islamic legal code, which sought to establish universally applicable legal provisions. The purpose of this article is to cast a spotlight on the challenges and opportunities of reintroducing Islamic law into the regulatory framework of contemporary society. To better comprehend the implications and potential outcomes of such integration, there is a need for more scholarly work and research. In conclusion, the incorporation of Islamic law into contemporary legal systems is an ongoing and significant topic of discussion in a pluralistic modern society. While there have been attempts in the past to codify Islamic law within state regulations, there are still numerous obstacles to overcome before it can be successfully reintroduced into contemporary legal frameworks. Progress can be made towards the incorporation of Islamic law into the regulatory framework of contemporary society through sustained scholarly work, research, and consideration of ethical and social implications.
  PubDate: Thu, 11 May 2023 00:00:00 +000
Interfaith Marriage in Indonesia: The Controversy between MUI Fatwa and
Surabaya District Court Decision
- Authors: Saidah
  Abstract: This article is motivated by the issue of the Surabaya District Court's decision to legalize interfaith marriage. This issue has garnered a lot of opinions and criticism because it is considered to be not in line with the MUI fatwa that has been established. Therefore, the focus of this study is firstly on the legal basis of the MUI in establishing interfaith marriage, secondly on the considerations of the Surabaya District Court judge in deciding on interfaith marriage, and lastly on the legality of interfaith marriage in law and human rights. Using a sociological and normative approach, it can be concluded that the Surabaya District Court decision was rejected by various groups, especially the MUI, which was deemed to be no longer in line with the fatwa that had been established since long ago. Regarding this issue, the MUI will hold a meeting with the legal commission to discuss this issue. Nevertheless, the Surabaya District Court remains on the decision they issued because they have a basis for the decision. This study obtained data sources from secondary data by processing data from primary legal materials and secondary legal materials in the form of laws, civil procedure law books, and opinions of legal experts and theses. The results of this study are that interfaith marriage is recognized by state law if it is recorded in civil registration, as stipulated in Article 37 of the Population Administration Law, but it is not valid according to religion.
  PubDate: Mon, 08 May 2023 00:00:00 +000
Juridical Analysis of Farmer Group Legal Security According to the Decree
of the Malang Regent Number 188.45/22/2/KEP/35.07.013/2019
- Authors: Sulistio
  Abstract: Farmers have made a real contribution to agricultural development and rural economic development. To realize food sovereignty, “food self-sufficiency and food security in a sustainable manner, farmers as actors of agricultural development need to be given protection”. The idea of forming a group comes from the fact that each individual cannot fulfil their needs individually, as experienced by the less fortunate Panoramic farmer groups, so they need support to develop their socio-economic life. The research was conducted as an effort to prove that the counselling activities provided were able to encourage the group. This study uses a legal sociology approach. This research took place in Pamotan Village, Dampit District, Malang Regency. Primary data was obtained from observation and direct interviews with informants and data analysis using interactive analysis models. The results of the study found that the Malang district government played a role in the development of panoramic farmer groups by providing counselling and training to members of farmer groups; this phenomenon indicates that the government and stakeholders have participated in carrying out their duties based on the provisions of Article 66 of Law Number 19 of 2013 concerning Protection and Empowerment Farmers, by facilitating farming capital, are proven to have legal protection for the Panoramic Farmer Group. They receive assistance from the government in the form of KUR loan assistance for agricultural operations with small interest and also receive assistance in the form of machinery, transportation equipment and building materials to support the quality of the Panorama Farmer Group's farmer production.
  PubDate: Mon, 08 May 2023 00:00:00 +000