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YUSUF ADIWIBOWO
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Lentera Hukum
Published by Universitas Jember
ISSN : 23554673     EISSN : 26213710     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
E-Journal Lentera Hukum merupakan sarana ilmiah bagi mahasiswa untuk menyalurkan pemikiran-pemikiran ilmiah di bidang ilmu hukum. Artikel yang dikirim belum pernah dipublikasikan atau tidak dalam proses penerbitan dalam berkala ilmiah lain. E-Journal Lentera Hukum terbit tiga kali dalam setahun yaitu April, Juli, dan Desember. Diterbitkan secara elektronik atas kerjasama Fakultas Hukum dan UPT Penerbitan Universitas Jember
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Articles 5 Documents
 1 
Search results for , issue "Vol 8 No 3 (2021): LENTERA HUKUM" : 5 Documents clear
Trash Trade and Environmental Regulations: An Assessment Shamila Dawood; Ajra Azhar
Lentera Hukum Vol 8 No 3 (2021): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v8i3.27138

Abstract

Following China's decision to ban trash import in 2018, some countries in Southeast Asia are at the forefront of banning and imposing stringent measures to crackdown trash trade. The new trend in trash trade regulations had further impacted weaker countries and made a haven for dumping waste unless they adopt a uniform mechanism to regulate or completely ban trash trade within the region. This study aimed to analyze the recent response of some developing countries to the trash trade and how likely this response impact other countries in the same region, by taking into account the impact of the trash trade on the environment and health and waste handling capacity. This study adopted doctrinal analysis that combined descriptive and analytical approaches to analyze trash trade and regulation impacts in developing countries and arrived at a need for a holistic approach and national waste management policy to encourage the recycling industry in trash receiving states. This study found that although developing countries had a perfect set of rules and norms regarding sustainable waste management and protecting illicit trash trade, most of them had shortages due to internal and external factors. Solid waste management in developing and least developed countries was a never-ending problem due to the low technological requirements and economic investments. KEYWORDS: Trash Trade, Developing Countries, Environmental Justice.
International Legal Instruments in Responding to Human Trafficking Ridwan Arifin; Yehezkiel Lemuel; Ngaboawaji Daniel Nte
Lentera Hukum Vol 8 No 3 (2021): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v8i3.22137

Abstract

Human trafficking grows and develops rapidly, with various motives and types of crimes. Various obstacles are faced in handling human trafficking cases, ranging from inadequate legal instruments to weak law enforcement. This study overviewed the international legal instrument on human trafficking cases, following the identification of the recent forms and issues in enquiring how international legal instruments deal with human trafficking. This study used legal research method by referring to international laws as the source of law in compiling this human trafficking research. This study found that various instruments and international cooperation have dealt with human trafficking cases. However, in various related studies, these different legal instruments did not have a clear and binding force when the issue occurs in the domestic state. In addition, human trafficking in various legal instruments also had many types, and all of them are interrelated. This study highlighted and concluded that in making various international legal instruments effective in this case, more intensive international cooperation was needed, both regionally and globally. KEYWORDS: Human Trafficking, Labor Human Rights, Criminal Law.
Impact of Economic Downturn on Child Labor in Vietnam Nguyen Thanh Huyen
Lentera Hukum Vol 8 No 3 (2021): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v8i3.25506

Abstract

The economic recession led to the economic downturn, loss of jobs and income, and the risk of falling back into the poverty of near-poor and poor households. This recession caused an increase in child labor. This study aimed to analyze the concept of child and child labor under a regulatory framework and assess how the economic downturn affects child labor in Vietnam. This study used analytical research methods through synthesis, comparison, and legal analysis, emphasizing literary research based on secondary research data. This study showed that the economic downturn increased the proportion of child labor because the parents and the family's breadwinner are unemployed or cut down on their income. Children were out of school to help household businesses or look for work for extra income. The economic downturn increased the number of children working in unsafe working conditions. It increased the risk of children being forced into illegal jobs prohibited and exposing children to labor to risk forced labor. It resulted in difficulties preventing and eliminating child labor, especially in a developing country like Vietnam, due to the high number of employees working in the informal sector, who were often unsupported by social security policies such as unemployment insurance and social insurance. This study suggested that the Government should establish policies to promote sustainable economic development and promulgate appropriate social security policies to promptly support workers and their families out of difficulties caused by job loss. Also, it should organize the effective implementation of regulations on eliminating child labor and raise social awareness in preventing and eliminating child labor. KEYWORDS: Economic Downturn, Child Labor, COVID-19 Pandemic.
Child Labor and Poverty Reduction in Vietnam: Issues and Policy Implications Nguyen Thu Dung; Hoang Kim Khuyen
Lentera Hukum Vol 8 No 3 (2021): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v8i3.25777

Abstract

There is a relationship between child labor and poverty. The unaffordable financial state of households is the main reason to force children to become workers at an early age. One of the main points to respond to eliminating and preventing child labor is how to reduce poverty. Accordingly, many legal tools are designed and applied, such as forming regulations in finance supports and vocational training programs. This study provided practical evidence on the link between child labor and poverty in Vietnam as well as analysis on which legal measures the Vietnamese Government has done to tackle child labor based on the poverty approach. It was followed by some recommendations to eliminate child labor, especially in the context that negative impacts of COVID-19 pandemic push children to fall into poverty again and force them to continue to work in early-stage in most countries, including Vietnam. The study used a qualitative approach, including on desk review and a second-date analysis on regulations on child labor and poverty reduction policies in Vietnam. This study found that there existed a gap between policies on poverty to reduce child labor and practices. Comprehensive approaches in making policies, as well as law enforcement, are the core reasons. The gap should be overcome by providing unified action plans with an effective governmental authority system. KEYWORDS: Child Labor, Children Rights, Poverty Reduction.
Economic Democracy and the Quest of Net Neutrality in Indonesia Arasy Pradana A. Azis
Lentera Hukum Vol 8 No 3 (2021): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v8i3.26864

Abstract

Net neutrality has played critical issues in internet-based businesses, as it may stop Internet Service Providers (ISPs) from discriminating against certain legal internet contents, platforms, or services. This study argued that net neutrality has a strong relationship with economic democracy as the constitutional basis of the Indonesian economy. This study examined net neutrality and considered its possible adoption in Indonesia under economic democracy by justifying economic democracy required the state to build an inclusive economy as per political economy theory. It used a socio-legal method through an interdisciplinary study of law and political economy with conceptual and comparative approaches. The study showed that the idea of the internet as a level playing field was founding net neutrality. For instance, in the United States and across different Global South countries, net neutrality relied on three orders of no blocking, no throttling, and no paid prioritization, which provided equal access for everyone to create their opportunities. At this point, economic democracy and net neutrality made their cross-cut. Like net neutrality, a discriminatory action against a content provider violated economic democracy, where policy-makers formulated economic policies to enable a level playing field for economic actors. Minimum barriers to entering the market might create such a level playing field. Without net neutrality, ISPs could carry out arbitrary actions and abuse of power for business interests. This study concluded that the adoption of net neutrality into formal regulation created a positive climate of innovation in the digital business ecosystem in Indonesia. KEYWORDS: Economic Democracy, Net Neutrality, Digital Economy.

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