Articles
43 Documents
<![CDATA[Pancasila as a Legal Development ]]>
<![CDATA[Asip Suyadi]]>
<![CDATA[ International Journal of Law and Public Policy Vol 1 No 1 (2019) ]]>
Publisher : <![CDATA[Lamintang Education and Training Centre, in collaboration with the International Association of Educators, Scientists, Technologists, and Engineers (IA-ESTE) ]]>
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DOI: 10.36079/lamintang.ijlapp-0101.84
<![CDATA[Pancasila experiences ups and downs of development, not due to the weakness of the values contained therein, but rather leads to inconsistencies in its application. In line with the acceptance of the truth of noble values of Pancasila then drove the flow and spirit to make Pancasila as a paradigm. History also noted how from the past until now Pancasila often get a challenge that resulted in the crisis for the existence of the Indonesian nation. The challenge faced by Pancasila as the view of life and the foundation of the state is always directly proportional to the challenges faced by the Unitary State of the Republic of Indonesia as a whole. Paradigm is actually a way of view, values, methods, basic principles to solve a problem faced by a nation into the future. The results of research show First, Philosophically the essence of Pancasila as the paradigm of legal development contains a consequence that all aspects of legal development within the framework of national development should be based on the nature of Pancasila values; Secondly, As a legal development paradigm, Pancasila wants that development in society becomes the starting point of the existence of a legal product.]]>
<![CDATA[The Practice of General Data Protection Regulations Fine and Penalty on Google Inc. vs CNIL Case ]]>
<![CDATA[Rian Nugraha]]>;
<![CDATA[Maskun]]>
<![CDATA[ International Journal of Law and Public Policy Vol 2 No 1 (2020) ]]>
Publisher : <![CDATA[Lamintang Education and Training Centre, in collaboration with the International Association of Educators, Scientists, Technologists, and Engineers (IA-ESTE) ]]>
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DOI: 10.36079/lamintang.ijlapp-0201.85
<![CDATA[The development of technology on this era is bringing two side on the humanity which is the positive and negative side. On the positive side, the technology could help human to finding information easily from their device (e.g smartphone), while on the other side this techonology could bring harm on privacy side. There fore, with those harm, the concept of privacy is vital. On European Union where they have concern toward the personal data with General Data Protection Regulation (GDPR). On the GDPR, European Union have their own rule about the right of erasure, it also known as the right to be forgotten (RTBF) which written on Article 17. This article has it own problem due to the scope of application. On may 2015 the French Commission Nationale de l’informatique et libertés (CNIL) served a formal notice on google if individual asking about the remvoval of links to web page from the list of result displayed following a search performed on that individual name etc. Google have to apply that removal on all google domain (google.com) and not remove it just in the google local domain (google.fr). Due to the difference of perspective toward the Article 17 of General Data Protection Regulation, google wont remove it on the google main domain (google.com), and so on march 2016 (CNIL) found that google failed to comply the formal notice and imposed a penalty of €100.000 and so google sought to have the adjudication annulled. 11 September 2018, the European Court of Justice hearing this case where it is about the territorial scope of European data protection law. But then on 24 September 2019, Court of Justice held that the right to be forgotten on the article 17 doesn’t require google to de-list search result on all of its domains, however google still required to de-list the result on the all of the European Union domain. The purpose of this study to analyze wether the court opinion and decision toward the google.inc v CNIL case. On other side it will also determine wether the European Union data protection law could be applied outside the European Union or not.]]>
<![CDATA[Good Corporate Governance Principles in Indonesian Syariah Banking ]]>
<![CDATA[Andrew Shandy Utama]]>
<![CDATA[ International Journal of Law and Public Policy Vol 2 No 1 (2020) ]]>
Publisher : <![CDATA[Lamintang Education and Training Centre, in collaboration with the International Association of Educators, Scientists, Technologists, and Engineers (IA-ESTE) ]]>
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DOI: 10.36079/lamintang.ijlapp-0201.86
<![CDATA[Sharia banks are banks that carry out their business activities based on the principles of Islamic law in banking activities based on fatwas issued by the National Sharia Council of the Majelis Ulama Indonesia. This research aims to explain the Good Corporate Governance principles in Indonesia sharia banking. The method used in this research is normative legal research. The results of the research explained that to maintain the trust of Indonesian people who are predominantly Muslim, sharia banking must apply the Good Corporate Governance principles in its management. The application of the Good Corporate Governance principles in sharia banking is strictly regulated in Article 34 Paragraph (1) of Law Number 21 of 2008, which emphasizes that sharia banks must implement good governance that includes the principles of transparency, accountability, responsibility, professionalism and fairness in carrying out its business activities. Form of application of the Good Corporate Governance principles in sharia banking is supervision conducted by the National Sharia Council of the Majelis Ulama Indonesia in general and the Sharia Supervisory Board specifically in each sharia bank.]]>
<![CDATA[Role of Local Governments in Managing Mangrove Damage: The Manokwari Case ]]>
<![CDATA[Hasbi As Siddiq]]>;
<![CDATA[Enny Martha Sasea]]>;
<![CDATA[Maskun]]>
<![CDATA[ International Journal of Law and Public Policy Vol 2 No 1 (2020) ]]>
Publisher : <![CDATA[Lamintang Education and Training Centre, in collaboration with the International Association of Educators, Scientists, Technologists, and Engineers (IA-ESTE) ]]>
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DOI: 10.36079/lamintang.ijlapp-0201.87
<![CDATA[Mangrove ecosystems are known as forests that are able to live adapt to extreme coastal environments such as changing salinity (2-22 ‰ to reach 38 ‰), but the existence of mangrove ecosystems is vulnerable to environmental changes, such as wind, erosion and abrasion. Changes in the environment are caused by ecological pressure that comes from nature and humans. Forms of ecological pressure originating from humans are generally associated with the use of mangroves such as land conversion for settlements, fishponds, and tourism. The development of mangrove forests in Kabupaten Manokwari requires the attention of the government and the community, because the lack of public awareness and coordination between agencies will greatly influence the preservation of mangrove forests, especially the damage to ecosystems in mangrove forest areas.]]>
<![CDATA[The Legal Aspects in the Implementation of CSR Private Corporate Towards Improvement of Community Welfare ]]>
<![CDATA[Sandra Dewi]]>
<![CDATA[ International Journal of Law and Public Policy Vol 2 No 1 (2020) ]]>
Publisher : <![CDATA[Lamintang Education and Training Centre, in collaboration with the International Association of Educators, Scientists, Technologists, and Engineers (IA-ESTE) ]]>
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DOI: 10.36079/lamintang.ijlapp-0201.88
<![CDATA[There are 33 private companies with large investment value in Pelalawan Regency, Riau Province. Article 74 of Law Number 40 of 2007 affirms that companies that carry out their business activities in the field of natural resources and / or fields related to natural resources must implement Corporate Social Responsibility. However, the implementation of Corporate Social Responsibility of these private companies is very minimal felt by the community because Pelalawan Regency is the second most populous region in Riau Province. This research aims to explain the legal issues in the implementation of Corporate Social Responsibility of private companies to improve community welfare in Pelalawan Regency, Riau Province. The method used in this research is socio-legal research. The results of this research explain that there are several legal issues that cause the implementation of Corporate Social Responsibility of private companies in Pelalawan Regency not running optimally, namely the absence of local regulations that specifically regulate Corporate Social Responsibility in Pelalawan Regency, the lack of supervision from the government regions, the lack of legal knowledge of the Pelalawan Regency community regarding Corporate Social Responsibility, and the absence of strict criminal sanctions for companies that do not implement Corporate Social Responsibility in Regional Regulation No. 6 of 2012 concerning Corporate Social Responsibility in Riau Province]]>
<![CDATA[Law Enforcement of Criminal Forests and Land Fire in Kabupaten Indragiri Hilir, Province of Riau ]]>
<![CDATA[Rizana]]>
<![CDATA[ International Journal of Law and Public Policy Vol 2 No 1 (2020) ]]>
Publisher : <![CDATA[Lamintang Education and Training Centre, in collaboration with the International Association of Educators, Scientists, Technologists, and Engineers (IA-ESTE) ]]>
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DOI: 10.36079/lamintang.ijlapp-0201.89
<![CDATA[Forest and land fires are not a rare phenomenon in Indonesia, especially in Riau Province. This research aims to explain the law enforcement of forest and land fire crimes in District of Indragiri Hilir, Riau Province. The method used in this research is socio-legal research. Based on Article 50 Paragraph (3) Letter d of Law Number 41 of 1999 it is stated that everyone is prohibited from burning forests. In line with that, based on Article 69 Paragraph (1) Letter h of Law Number 32 of 2009 it is stated that everyone is prohibited from clearing land by burning. However, in 2019 there will still be forest and land fires in District of Indragiri Hilir, Riau Province covering an area of approximately 827 hectares. The implementation of Law Number 41 of 1999 and Law Number 32 of 2009 concerning forest and land fires in District of Indragiri Hilir hasn’t run as expected. Burning forests and land is a crime. Law enforcement against forest and land fires in District of Indragiri Hilir based on Article 78 Paragraph (3) of Law Number 41 of 1999 states that anyone who intentionally burns a forest can be threatened with a maximum of 15 years imprisonment and a maximum fine IDR 5,000,000,000. Pursuant to Article 108 of Law Number 32 of 2009 it is also emphasized that every person who burns a land shall be sentenced to a minimum imprisonment of 3 years and a maximum of 10 years, and a fine of at least IDR 3,000,000,000 and a maximum of IDR 10,000,000,000.]]>
<![CDATA[International Humanitarian Law and Military Intervention: Reflections on Operation Allied Forces in the Former Federal Republic of Yugoslavia in 1999 ]]>
<![CDATA[Pedzisai Sixpence]]>;
<![CDATA[Alouis Chilunjika]]>
<![CDATA[ International Journal of Law and Public Policy Vol 2 No 2 (2020) ]]>
Publisher : <![CDATA[Lamintang Education and Training Centre, in collaboration with the International Association of Educators, Scientists, Technologists, and Engineers (IA-ESTE) ]]>
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DOI: 10.36079/lamintang.ijlapp-0202.132
<![CDATA[Military intervention is a crucial tool used to compel nation states to abide by the principles of international law. The United Nations, through its Charter (Chapter VII) authorises the use of force by the UN and or regional organisations as a legitimate scheme of settling international disputes. A closer look on the majority of these interventions, however, shows that the conduct of the forces taking part in these interventions turn to violate some crucial principles of international law. Additional Protocol 1 of 1977 to the 1949 Geneva protocols provides for the regulations in terms of the conduct of forces in an armed conflict to minimise civilian carnage and injuries as well as damage on civilian objects. This paper assessed the effectiveness of International Humanitarian Law (IHL) in cases of a military intervention. The study was a case study focusing on the experiences of the North Atlantic Treaty Organisation (NATO) forces that intervened in the former Federal Republic of Yugoslavia (FRY) in 1999. The study depended on secondary sources of information. The paper reveals that forces taking part in these operations normally harm civilian population and objects beyond reasonable proportion if they do not pay attention to the details on the ground. The paper then recommends that more should be done to uphold and adhere to the provisions of Chapter VI of the UN Charter while ensuring that forces taking part in military interventions are parties to key international legislations that govern their conduct to prevent states from purposefully violate the law.]]>
<![CDATA[The Role of IPR in Plant Genetic Engineering ]]>
<![CDATA[Abhishek Rajesh Bhattacharjee]]>;
<![CDATA[Shreya Das]]>;
<![CDATA[Stuti Aastha]]>
<![CDATA[ International Journal of Law and Public Policy Vol 2 No 2 (2020) ]]>
Publisher : <![CDATA[Lamintang Education and Training Centre, in collaboration with the International Association of Educators, Scientists, Technologists, and Engineers (IA-ESTE) ]]>
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DOI: 10.36079/lamintang.ijlapp-0202.136
<![CDATA[The role and status of Patent laws in the protection of plant species which have been genetically modified is currently uncertain in India. Discussions and debates regarding the same are rife and experts have different views regarding the whole aspect concerning economical and ethical considerations. Genetically engineered plants and modified crop plants are of significant economic value. In India, they face critical challenges, for instance, the requirement of dependable public policies and vigorous frameworks for regulatory control. This becomes much more vital since India desires to be an economic superpower primarily based on innovation. It is very important for a person from the legal field, especially those interested in the field of IPR, to have clarity regarding the protection of genetically modified plants. This humble attempt at a research paper seeks to clarify the same and discusses the various aspects on which one should think while concluding their views on the topic.]]>
<![CDATA[Impediments to Effective Councilor Oversight at Nkayi Rural District Council in Zimbabwe ]]>
<![CDATA[Alouis Chilunjika]]>;
<![CDATA[Edson Mutema]]>;
<![CDATA[Buhle Dube]]>
<![CDATA[ International Journal of Law and Public Policy Vol 2 No 2 (2020) ]]>
Publisher : <![CDATA[Lamintang Education and Training Centre, in collaboration with the International Association of Educators, Scientists, Technologists, and Engineers (IA-ESTE) ]]>
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DOI: 10.36079/lamintang.ijlapp-0202.137
<![CDATA[The paper seeks to examine and unpack the factors that are militating against councilor oversight at Nkayi Rural District Council. Councilor oversight is a crucial function for promoting and enhancing transparency, accountability, effectiveness and efficiency in Zimbabwean local authorities. Despite the existence of councilor oversight, local authorities in Zimbabwe continue to face operational, regulatory and oversight challenges. To establish the factors militating against effective councilor oversight at Nkayi, the respondents were purposively selected and the research used both primary and secondary data. The study established that low academic qualifications among councilors, councilors terms of office, political affiliation and partisanship and limited timeframes as the key impediments to effective councilor oversight at Nkayi Rural District Council.]]>
<![CDATA[Application of the Principle of Piercing the Corporate Veil in Resolving Corporate Responsibility Cases in Indonesia ]]>
<![CDATA[Sandra Dewi]]>
<![CDATA[ International Journal of Law and Public Policy Vol 2 No 2 (2020) ]]>
Publisher : <![CDATA[Lamintang Education and Training Centre, in collaboration with the International Association of Educators, Scientists, Technologists, and Engineers (IA-ESTE) ]]>
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DOI: 10.36079/lamintang.ijlapp-0202.147
<![CDATA[This research aims to explain the application of the Principle of Piercing The Corporate Veil in resolving corporate responsibility cases in Indonesia. The method used in this research is normative legal research, using a statutory approach. The results of the research explain that based on Article 3 paragraph (1) of Law Number 40 of 2007 concerning Limited Liability Companies, it is stated that the shareholders of the company aren’t personally responsible for the agreements made on behalf of the company and aren’t responsible for the company's losses exceeding the shares they own. However, the doctrine in corporate law recognizes the existence of the Principle of Piercing the Corporate Veil which can break through the limited liability of the company's shareholders into unlimited liability up to their personal assets. Although the Principle of Piercing the Corporate Veil has been regulated in Law Number 40 of 2007 concerning Limited Liability Companies, there have been major cases in which the shareholders of the company were responsible up to their personal assets but only limited responsibility for the shares they owned. These major cases include the PT Lapindo Brantas case in 2006 and the PT Bank Century case in 2008.]]>
