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International Journal of Law Reconstruction
ISSN : -     EISSN : 25809245     DOI : 10.26532/ijlr
Core Subject : Education,
FOCUS The focus of International Journal of Law Reconstruction (IJLR) is to provide scientific Law article based on themes that developed in attendance through the article publications, research reports, and book reviews. SCOPE International Journal of Law Reconstruction (IJLR) specializing in the study of Law Studies, and intended to communicate about original research and current issues on the subject. International Journal of Law Reconstruction (IJLR) is open to contributions .
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Articles 6 Documents
Search results for , issue "Vol 4, No 1 (2020): INTERNATIONAL JOURNAL OF LAW RECONSTRUCTION" : 6 Documents clear
ANALYSIS OF COVID-19 LOCKDOWN POLICY IMPACT BY THE GOVERNMENT OF THE COUNTRY ON THE ECONOMIC SECTOR AND SIGNING OF WORKING RELATIONSHIPS (LAYOFFS) Mohammed Abdela Mahammed
International Journal of Law Reconstruction Vol 4, No 1 (2020): INTERNATIONAL JOURNAL OF LAW RECONSTRUCTION
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v4i1.10942

Abstract

The lockdown authority based on the laws in each country regarding Health Quarantine is the absolute authority of the Government. As stated, "health quarantine is carried out to prevent and ward off the entry or entry of diseases and / or community health risk factors that have the potential to cause public health emergencies." Therefore if there is a regional government that feels the region has an emergency situation and wants to do a lockdown, of course this is unconstitutional and there needs to be a consul from the regional head with the central government before making any related policies. Considering the emergency situation, the spread of the corona virus which has now infected many people (starting from December 2019 to June 2020) can be categorized as an infectious disease that can trigger public health emergencies, so that the implementation of national quarantine can actually be done especially with authority which is clearly stated in the legislation. But so far the central government has not issued a lockdown policy, even though the number of infections has increased. This is influenced by economic considerations during the lockdown. Economic decline, business failure to the number of layoffs by companies are the main considerations. Likewise, the risk of many workers will be fired (laid off) because the company or office is not operating. Not to mention the government must be able to meet the basic needs of the population during lockdown or national quarantine activities when enacted. The question also arises, whether the government is able to meet the primary needs of its citizens when the lockdown occurs.
POLITICAL REFORM OF LABOR PROTECTION LAW IN THE GLOBALIZATION ERA Arpangi Arpangi
International Journal of Law Reconstruction Vol 4, No 1 (2020): INTERNATIONAL JOURNAL OF LAW RECONSTRUCTION
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v4i1.9246

Abstract

In its development, economic globalization has created an affiliation between the local economy and the international economy. It resulted in an extraordinary blow to the economic system in third world countries that were trying to become developed countries. It can be seen in the issue of protecting workers' welfare, which is not fair. So, this article intends to discuss related to the protection of workers' welfare in the era of globalization and the weaknesses that affect the protection of labor rights in the era of globalization, which can't realize justice for workers. The article is expected to be able to stimulate each party to re-discuss the issue of protecting labor welfare in the current era of globalization in Indonesia. The results of research produced are The factors that influence injustice in protecting workers' welfare in Indonesia are Legal rule factors, Influence Factors of Globalization can also be concluded that the failure of labor law politics in Indonesia will have an impact on the increasing poverty rate in Indonesia due to increasing unemployment in Indonesia as one of the effects of the flood of foreign workers in Indonesia with the number of employment that is running low.
RECONSTRUCTION NEW PARADIGM FOR MANAGEMENT AND DEVELOPMENT OF ENDOWMENTS Muhammad Samsuri; Ahmad Khisni; Mahmutarom Mahmutarom; Anis Mahdurohatun
International Journal of Law Reconstruction Vol 4, No 1 (2020): INTERNATIONAL JOURNAL OF LAW RECONSTRUCTION
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v4i1.8310

Abstract

Waqf is a religious institution in Islam, and is included in the category of community worship which is a means and capital is essential to promote the development of religion. Evidence used as the basis sharia endowments text derives from an understanding of the Qur'an and Sunnah. Then understand and using law endowments not merely textual law or fiqh, but must dare to seek renewal of the school's endowment to be able to prosper the people, because the basic assumption of the law is an institution that aims leads man to live a fair, prosperous and make human happy. The type of research is socio-legal research is explorative, descriptive. With the approach of the law and the case approach, Source data: derived from the primary data, which is data obtained from field practice. The development of waqf law reform must begin with a deeper study of waqf as ijtihad region, as well as the legal principles of waqf is a truth that is used as the foundation of thinking and reason opinion, the reform ideology, law enforcement and implements a waqf.
LEGAL PROTECTION OF DOCTORS IN PROVIDING HEALTH SERVICES Bambang Tri Bawono
International Journal of Law Reconstruction Vol 4, No 1 (2020): INTERNATIONAL JOURNAL OF LAW RECONSTRUCTION
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v4i1.9634

Abstract

Cases of alleged malpractice committed by doctors or health workers have become an interesting issue that has been widely discussed by the public. Malpractice is basically due to the emergence of differences in perception between patients and doctors or health workers. The research method used in this study is library research, library research limits its activities to library collections. While the approach used in this study is normative juridical, the results of the study mentioned that the standards that must be met by doctors to obtain legal protection are professional standards, operational procedures standards, and medical service standards. These three standards, doctors are also obliged to make informed consent as part of health service standards, and carry out the obligations as contained in Article 51 of Law No. 29 of 2004 concerning Medical Practice. In addition, doctors can be free from allegations of medical malpractice when providing health services in accordance with professional standards and operational procedures, providing medical services based on informed consent and the principle of non-vit inura volenti law or the assumption of risk, respectable minority rules and error of in judgment, as well as contribution negligence.
STRENGTHENING THE LAW IN ORDER TO KEEP EXISTENCE THE UNITARY STATE OF THE REPUBLIC OF INDONESIA Rokhmat Bowo Suharto
International Journal of Law Reconstruction Vol 4, No 1 (2020): INTERNATIONAL JOURNAL OF LAW RECONSTRUCTION
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v4i1.9680

Abstract

The Unitary State of the Republic of Indonesia (NKRI) was founded on the support of diversity, both ethnicity, religion, and customs. As historical, the building of such a nation could not be separated from the various tests, beginning of rebellions based on ethnicity, religion, and political ideology, to replace the form of a union state with the enactment of the Constitution. RIS has also occurred. In fact, the Republic of Indonesia remained standing up to this moment. As a law that addresses the entire existing local legal system, the Indonesian legal system has actually placed various means integration which is at the same time the national identity of the Republic of Indonesia building. Associated with the goal of the existence of the Republic of Indonesia, the existing legal construction needs to be strengthened by conducting a paradigmatic evaluation that is continuous and continuous related to (1) legal pluralism policy; (2) legalistic legal paradigm; (3) Central and Regional Relations and local communities; (4) Cultivation of cultural aspects and social capital in development policies; (5) the division of public and private space related to the expression of differences between various cultural, religious or ethnic communities; and (6) Liberalization of political life.
INTERNATIONAL AVIATION/AIRSPACE LAW AN OVERVIEW Yaya Kareng
International Journal of Law Reconstruction Vol 4, No 1 (2020): INTERNATIONAL JOURNAL OF LAW RECONSTRUCTION
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v4i1.10941

Abstract

Aviation law is the branch of law that concerns flight, air travel, and associated legal and business concerns. Some of its area of concern overlaps that of admiralty law and, in many cases, aviation law is considered a matter of international law due to the nature of air travel. However, the business aspects of airlines and their regulation also fall under aviation law. In the international realm, the International Civil Aviation Organization (ICAO) provides general rules and mediates international concerns to an extent regarding aviation law. The ICAO is a specialized agency of the United Nations. In the United States and in most European nations, aviation law is considered a federal or state-level concern and is regulated at that level. In the U.S., states cannot govern aviation matters in most cases directly but look to Federal laws and case law for this function instead. For example, a court recently struck down New York's Passenger Bill of Rights law because regulation of aviation is traditionally a federal concern. Aviation law, however, is not in the United States held under the same Federal mandate of jurisdiction as admiralty law; that is, while the United States Constitution provides for the administration of admiralty,[1] it does not provide such for aviation law. States and municipalities do have some indirect regulation over aviation. For example, zoning laws can require an airport to be located away from residential areas, and airport usage can be restricted to certain times of day. State product-liabilitys law are not preempted by Federal law and in most cases, aviation manufacturers may be held strictly liable for defects in aviation products. Space law, which governs matters in outer space beyond the Earth's atmosphere, is a rather new area of law but one that already has its own journals and academic support. Much of space law is connected to aviation law.

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