JournalTOCs

Indonesian Journal of Law and Society
Number of Followers: 1

This is an Open Access Journal

Open Access journal
ISSN (Online) 2722-4074
Published by Universitas Jember

[5 journals]

The Legal Protection for Young Domestic Workers in Ethiopia
- Authors: Temesgen Abebe Degu
  Pages: 1 - 28
  Abstract: As the saying goes, the child is the father of the man. We must properly bring up and protect our children today not least because in the future they will shoulder huge responsibility in taking charge of this country after replacing us. In many countries, especially developing ones like Ethiopia, children engage in different types of works for various reasons. Domestic work is one of such sector. Child (domestic) work is not prohibited if it is done by those above the minimum working age (14 years) under a condition that is not exploitative. The problem in Ethiopia, though, is that (child) domestic work is altogether excluded from legal protection (under the labour proclamation). Without formal regulation, child domestics are prone to exploitation by their employers. This kind of exploitation is a human rights violation in addition to being a serious development concern and gender equality challenge. This research aims at examining the adequacy of legal protection for young domestic workers under the Ethiopian legal system. To this end, the research employs a cross-sectional qualitative research design. Within this design, the research adopts a phenomenological methodology. The research concludes that there is inadequate legal protection for young domestic workers in Ethiopia beginning from formation of contract to terms of employment and working conditions.
  PubDate: 2023-03-31
  DOI: 10.19184/ijls.v4i1.34844
  Issue No: Vol. 4, No. 1 (2023)
Revisiting the Customs Act 1969 in line with WCO’s International
Convention on the Simplification and Harmonization of Customs Procedures
1974
- Authors: Mohammad Towhidul Islam, Khurshid Alam
  Pages: 29 - 45
  Abstract: In the present-day system of integrated world economy, the administration of customs or customs procedure clearly carries considerable effects on the trade transactions both within the border and beyond. In fact, the gravity of the cross-border business potentials leads to the realization of simplifying and harmonizing the customs procedures all over the world. Moreover, the development and operation of the modern customs administration signifies, by and large, a radical shift from the revenue collection to the trade facilitation focus. In the current day, it has become almost a universal belief that trade facilitation and removal of trade barriers go hand in hand with simplification and harmonization of customs procedures. The World Customs Organization (WCO) with this in mind had the Revised Kyoto Convention (RKC) enacted in 1974. The customs regime of Bangladesh is still dependant on the half century old the Customs Act, 1969. Although some changes have been brought to bring it in line with the RKC, many of its provisions are still the same. This creates an impediment towards trade facilitation and economic growth. This paper discusses the differences between the provisions of RKC and Customs Act, 1969 and recommends the changes that are required to be brought in the customs regime of Bangladesh for overall trade facilitation and economic development of the country.
  PubDate: 2023-03-31
  DOI: 10.19184/ijls.v4i1.29096
  Issue No: Vol. 4, No. 1 (2023)
Legislative Policy and Accountability for Pollution Crimes by Ship
Operations in Indonesian Waters
- Authors: Muchamad Huzaeni, Achmad Hasan Basri
  Pages: 46 - 81
  Abstract: Tujuan dari tulisan ini adalah mengkaji kebijakan legislatif yang mengatur tindak pidana pencemaran di perairan Indonesia berdasarkan UU PPLH dan UU Perkapalan serta pertanggungjawaban pidana bagi pelaku pencemaran di perairan Indonesia. Penelitian menggunakan metode yuridis normatif dengan pendekatan penegakan hukum, pendekatan kasus, dan pendekatan komparatif. Hasil penelitian tersebut merupakan kebijakan legislatif tentang pencemaran di perairan yang diatur dalam UU PPLH dengan UU Perkapalan, telah terjadi ketidakselarasan norma terkait tindak pidana pencemaran di perairan yang dilakukan oleh operasional kapal, ketentuan hukuman pidana atau denda yang berbeda sehingga dalam penerapannya menjadi multitafsir dan akan berdampak pada ketidakpastian. Pertanggungjawaban pidana bagi pelaku pencemaran di perairan dapat diterapkan berdasarkan UU Perkapalan. Terhadap awak kapal yang lalai melakukan pencegahan mengikuti Pasal 324 jo 227 UU Pelayaran. Terhadap kapten, apabila berkaitan dengan pengoperasian kapal di luar ketentuan, serta terhadap siapapun yang berada di dalam kapal yang tidak membutuhkan perintah kapten atau awak kapal yang diilustrasikan oleh Pasal 325 jo 229 UU Pelayaran.
  PubDate: 2023-03-31
  DOI: 10.19184/ijls.v4i1.38415
  Issue No: Vol. 4, No. 1 (2023)
The Freedom of Contract: The Indonesian Court's Decisions on
Internasional Bussiness Disputes
- Authors: Moh. Ali, Bhim Prakoso
  Pages: 82 - 110
  Abstract: The presence of free trade zone and the increase in cross-border trade, have led to a significant increase in transnational legal relations. As a result, international contracts have become more common, and the principles of freedom of contract, including the freedom to choose the law and forum, have become increasingly important. Freedom of contract is a very universal principle. Almost all countries in the world recognize it as a very fundamental principle in contracts, even in international business contracts. This principle recognizes that contracts made by the parties act as laws for the parties that compile them. However, there is still lacking consistency among Indonesian judges in their interpretation of the choice of law and forum in international contracts. This study examined the raison d’ etre of different views and decisions of Indonesian judges in interpreting the choice of law and the choice of forum, and its implication to the principle of legal certainty in international business disputes. Through the normative legal research which elaborated with a case study, this research finds that The views of some Indonesian court judges deviate from the principle of freedom of contract where the law that has been chosen by the parties is based on considerations of the principle of effectiveness besides focusing on the nature of the case handled so that the decision can be executable. The court may need to balance the principle of freedom of contract with other important considerations in order to arrive at a fair decision. This is why it is important for judges to have a clear understanding of both the principles of freedom of contract and the practical implications of their decisions in order to promote legal certainty in international business transactions.
  PubDate: 2023-03-31
  DOI: 10.19184/ijls.v4i1.38486
  Issue No: Vol. 4, No. 1 (2023)
The Criminal Liability of Spreading Fake News on Social Media in Indonesia
- Authors: Sinung Teguh Santoso, Fannny Tanuwijaya, I Gede Widhiana Suarda
  Pages: 111 - 144
  Abstract: The spread of fake news on social media raises many legal problems in Indonesia. These legal problems are mainly seen in the formulation of the law as well as in the law enforcement area. Legal problems related to the spread of fake news must be resolved at the level of legislation, policy, and law enforcement because it negatively impacts someone. In addition, studies on the spread of fake news in the Indonesian context are still overlooked. Therefore, reviewing the regulation on criminal liability for those who spread fake news on social media in Indonesia is very important. The doctrinal legal research methodology investigated three main issues discussed in this article. First, the current study shows that the act of spreading fake news on social media cannot be charged with Article 28 of the Indonesia Law Number 19 of 2016 concerning amendments to Law Number 8 of 2011 concerning Information and Electronic Transactions. Second, from several Indonesian court decisions studied, judges in deciding cases of spreading fake news on social media applied Law Number I of 1946 concerning Criminal Law. Lastly, related to criminal law reform, spreading fake news on social media should also be regulated by the Information and Electronic Transactions Laws.
  PubDate: 2023-03-31
  DOI: 10.19184/ijls.v4i1.30555
  Issue No: Vol. 4, No. 1 (2023)