scholarly journals The Existence of African Jurisprudence: An Audit of Life Experience of Precolonial Anlo Traditional Society

2020 ◽  
Vol 1 (6) ◽  
pp. 201-212
Author(s):  
Enoch Kwabena Amoah ◽  
Keyword(s):  
Rule Of Law ◽  
Life Experience ◽  
Interdisciplinary Approach ◽  
Secondary Data ◽  
Law School ◽  
Gold Coast ◽  
Legal Research ◽  
The Rule Of Law ◽  
Secondary Sources ◽  
Therapeutic School

There is a controversy about the nonexistence of African Jurisprudence fueled by a jurisprudential school of thought known as the Skeptic school of thought on African Jurisprudence. Other scholars have contributed to the debate to dispel the stance of this skeptic school. Notable among these scholars is Idowu William who described the import of these attacks by the Skeptic school as consisting in the view that African jurisprudence is at best queasy. This research was carried out using interdisciplinary approach to legal research by combining knowledge in Jurisprudence of law and anthropology of precolonial Anlo society of Gold Coast to put to rest this controversy. Secondary data on plausible theories of the jurisprudence of law were assessed and used as aids to validate what is described as laws in precolonial Anlo society in Gold Coast. The validation of the laws identified was carried through an audit of the life experience of the precolonial Anlo society from secondary sources. The study findings indicate that there exists a set of ideas surrounding the rule of law which is basically developed from experiences peculiar to Africa. These have insignificant traces of western Jurisprudence hence confirming the notion that there is African Jurisprudence. It is recommended that in order not to limit the arguments refuting the claim by the Skeptic school on African jurisprudence in the future to the legal system of precolonial Anlo society, similar audit of other precolonial African societies should be carried out to ascertain whether African jurisprudence exists. Keywords: African jurisprudence, Natural law school, Positivist school, Historical and anthropological jurisprudence, Therapeutic school of thought.

scholarly journals PERLINDUNGAN HUKUM TERHADAP PERBATASAN WILAYAH ANTARA NEGARA REPUBLIK INDONESIA DENGAN TIMOR LESTE

2017 ◽  
Vol 7 (2) ◽  
pp. 141
Author(s):  
Rimbawanto ◽  
Doddy Kridasaksana ◽  
Ariyono
Keyword(s):  
Indigenous Peoples ◽  
Rule Of Law ◽  
Legal Protection ◽  
Secondary Data ◽  
Legal Research ◽  
The Rule Of Law ◽  
Timor Leste ◽  
The Republic

<p>Tujuan yang hendak dicapai dari penelitian ini dapat mengetahui perlindungan hukum terhadap perbatasan wilayah antara Negara Republik Indonesia dengan Timor Leste dan kendala dan upaya mengatasi masalah perbatasan wilayah antara Negara Republik Indonesia dengan Timor Leste.</p><p>Penelitian ini menggunakan yuridis normatif yaitu penelitian hukum yang dilakukan dengan cara meneliti atau mempelajari masalah dilihat dari segi aturan hukumnya, meneliti bahan pustaka atau data sekunder</p><p>Hasil penelitian ini menunjukkan secara umum berdasarkan hasil inventarisir peraturan perundang-undangan, pengakuan masyarakat adat di Indonesia tidak dalam posisi untuk mengakui keberadaan masyarakat adat, melainkan untuk membatasi keberadaan masyarakat adat.</p><pre>The objectives to be achieved from this research can be legal protection of the territorial border between the Republic of Indonesia and Timor Leste and the constraints and efforts to overcome the border issues between the Republic of Indonesia and Timor Leste.</pre><pre>               This study uses yuridis normative, namely legal research conducted by researching or studying the problem seen in terms of the rule of law, researching library materials or secondary data</pre><pre>               The results of this study show Generally based on the results of inventory of legislation, the recognition of indigenous peoples in Indonesia is not in a position to recognize the existence of indigenous peoples, but rather to limit the existence of indigenous peoples. </pre><pre> </pre>

scholarly journals Re-Appraising the Statutory and Ethical Roles of Lawyers Pursuant to Nigeria’s Administration of Criminal Justice Act, 2015

2019 ◽  
pp. 1184-1192
Author(s):  
Oyewunmi Olabode ◽  
Igbinoba Ebeguki ◽  
Olusola -Olujobi
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Rule Of Law ◽  
Justice System ◽  
Primary Sources ◽  
Legal Research ◽  
The Rule Of Law ◽  
Secondary Sources ◽  
The Many

Breach of fundamental human rights and rule of law are challenges that have tainted Nigeria’s image and impaired sustainable development of her justice system. These breaches are: torture, distorting bail procedures among others. These illegal practices if unchecked may culminate in the denial of justice. The lawyer’s role therefore, is vital in fostering a culture of enduring dispensation of justice, especially in the light of the many challenges bedeviling Nigeria’s criminal justice system. The paper re-appraises the statutory and ethical roles of lawyers pursuant to the Nigeria’s Administration of Criminal Justice Act, 2015 in facilitating stringent compliance with the Act to safeguard the rule of law. The study is a doctrinal legal research with a library based approach. It adopts primary sources such as statutes, judicial authorities and secondary sources such as textbooks, journals/articles and internet sources. The research recommends among others, reform and strengthening of the judiciary to promote its independence in the administration of criminal justice system. Lawyers must ensure that the Administration of Criminal Justice Act, 2015 fosters dexterous management of cases by all adjudicatory bodies for speedy dispensation of justice, promotion of rule of law, and to end abuse of court processes. The study finds that Nigerian criminal law appears flawed in this regards. This research revealed series of human rights violations in Nigeria and equally highlighted the roles of lawyers in combating these abuses and suggest the use of modern forensic technologies in all courts in Nigeria which is currently lacking and made some recommendations.

scholarly journals Mudik Dalam Perspektif Budaya Dan Agama (Kajian Realistis Perilaku Sumber Daya Manusia)

CICES ◽  
2018 ◽  
Vol 4 (1) ◽  
pp. 45-52 ◽  
Author(s):  
Abdul Hamid Arribathi ◽  
Qurotul Aini
Keyword(s):  
Rule Of Law ◽  
Subject Matter ◽  
Secondary Data ◽  
Data Sources ◽  
Local Culture ◽  
Legal Research ◽  
The Rule Of Law ◽  
The Subject ◽  
Secondary Data Sources ◽  
As If

Idul Fitri is synonymous with homecoming, becomes a necessity and as if obligations which if left will be sinful and there is something missing. Yet mudik not known in Islamic teachings. In other words mudik original traditions and culture of Indonesia. The problem: is the culture of going home in accordance with the teachings of Islam and is it true Islam came to destroy the local culture ?. This paper aims to explain and convince the reader that the homecoming is original Indonesian culture, but still in accordance with the teachings of Islam and Islam came not to erode and destroy the local culture, but to straighten. This study is a normative legal research that is descriptive. The method used by the normative juridical method. Secondary data sources used include primary legal materials, secondary law materials and tertiary legal materials. The data obtained are then sorted to obtain data, verses and hadiths related to the rule of law which are then connected with problems encountered and systematized so as to produce a classification in harmony with the problems in this study. Furthermore, the legal material obtained is processed by deductive qualitative to arrive at the conclusion, so that the subject matter studied in this research will be able to be answered.

scholarly journals Perlindungan Hukum atas Desain Industri Berdasarkan Undang-Undang No 31 T Ahun 2000

2021 ◽  
Vol 2 (2) ◽  
pp. 297-301
Author(s):  
Ida Ayu Mas lndriani ◽  
Ni Made Jaya Senastri ◽  
Ni Made Puspasutari Ujianti
Keyword(s):  
Rule Of Law ◽  
Industrial Design ◽  
Legal Protection ◽  
Secondary Data ◽  
Conceptual Approach ◽  
The Rule Of Law ◽  
Legal Implications ◽  
Design Law ◽  
Protection Of Human Rights ◽  
Definition Of

Intellectual property rights including industrial designs. The idea of ​​industrial design safety is based on the belief that human imagination, taste and initiative are closely linked to industrial design. The state grants protection against new industrial designs. The definition of the rule of law used in the legal protection of industrial designs is based on Law No. 31 of 2000. One of the components in this case is the protection of human rights which is the guideline for the legal protection of industrial designs. There are two forms of industrial design legal protection, which include preventive legal protection and repressive legal protection. This study aims to examine the form of legal protection for industrial designs based on Law No. 31 of 2000 and analyze the legal implications if the design rights holder does not register their industrial designs. This research was designed using normative research with a conceptual approach. The data used are primary and secondary data obtained through documentation and recording. The results of the study indicate that preventive legal protection is contained in the Act which is used to prevent violations and a description of the implementation of obligations while repressive legal protection is security in the form of sanctions for violations that have been committed. In view of this and considering the existence of protection in the form of the industrial design law, the designer can prevent the occurrence of plagiarism of his industrial design by registering his industrial design.

The Labor Judge Unleashed: Rule of Law and Labor Rights in “Neoliberal” Chile

2018 ◽  
Vol 43 (04) ◽  
pp. 1574-1603
Author(s):  
César F. Rosado Marzán
Keyword(s):  
Working Class ◽  
Latin American ◽  
Rule Of Law ◽  
Labor Rights ◽  
The Rule Of Law ◽  
Secondary Sources ◽  
Class Power ◽  
Latin American Countries ◽  
Power Class

Hoping to improve labor justice, some Latin American countries have reformed their labor courts without necessarily buttressing working-class power. Class power theories make us skeptical of these state-centric strategies for labor rights. Will the “rule-of-law” reforms work? This article reports ethnographic evidence collected by the author in the Chilean labor courts during 2009–2010, and secondary sources. It compares contemporary labor courts, reformed but in an otherwise “neoliberal” context, with the unreformed labor courts of the “socialist” years (1970–1972) to gauge the efficacy of rule-of-law reforms. Results show that despite the neoliberal context, the labor courts were more responsive to workers' claims than under socialism. Rule of law and procedural rules matter for effective labor rights.

scholarly journals The Citizens’ Constitutional Rights Regarding Habitable and Wholesome Environment: Towards a Law State that Protects the Environment

2020 ◽  
Vol 4 (1) ◽  
pp. 81
Author(s):  
Nyoman Satyayudha Dananjaya ◽  
Fuchikawa Kazuhiko
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Due Process ◽  
Fundamental Rights ◽  
Constitutional Rights ◽  
Human Beings ◽  
Legal Research ◽  
International Human Rights ◽  
The Rule Of Law ◽  
Protection Of Human Rights

This paper aims to examine the protection of the environment in Indonesia which is part of the realization of a law state that guarantees the constitutional rights of its citizens. It is a legal research that reviews Indonesian constitutional and statutory provisions, besides adding a comparative perspective from a Japanese Constitution and legal system. It is found that the concept of a law state in Indonesia does not specifically follow the concept of a law state like what is meant in “rechtsstaat” or “the rule of law”. It has peculiar characteristics which indeed seem to adopt the noble values ??of those two concepts which clearly confesses in the constitution along with the elements and characters stated in it. One of the most prominent characteristics of a law state is the recognition and protection of human rights. In the Indonesian Constitution 1945, human rights as the fundamental rights of human beings have been arranged and compiled which is legally legitimized become constitutional rights. Among human rights, rights related to the environment include essential rights in array of international human rights formulations. Article 28 letter H of the Indonesian Constitution 1945 expressly states the rights to habitable and wholesome environment for citizen. The protection form can be a normative arrangement in the constitution or in a formal juridical through legislation. Protection of citizens' constitutional rights related to the environment is faced with due process of environmental protection that requires consistency in order to achieve the intention and direction of the Indonesian law state itself.

scholarly journals Hukum Agraria Atas Keberadaan Bangunan Pada Ruang Atas Tanah

2015 ◽  
Vol 1 (1) ◽  
pp. 11
Author(s):  
Musa Anthony Siregar ◽  
Zulkamaein Koto
Keyword(s):  
Rule Of Law ◽  
Legal Protection ◽  
Secondary Data ◽  
Transfer System ◽  
Real Property ◽  
The Rule Of Law ◽  
Shopping Centre ◽  
Agrarian Law ◽  
Theory Of Law ◽  
Legal Consequences

<p>This research aim to examined how the legal protection of the existence of structures built in space on the top land from  perspective of Agrarian Law. And how the legal consequences of structures built in space on the top land by build operate transfer system. The discussion and analysis using the theory of law protection supported  by theory of the rule of law and the principles of land law. The research method is normative legal research to obtain the necessary data in connection with the period issues the data secondary data is consisting of primary legal materials.Second- ary legal materials, tertiary legal materials. Data analysis be done with juridical analysis of qualitative Research object is Senen Multipurpose Bridge that was built in space on the top land not on the land where that right is.That  was located between the two buildings and large shopping centre Pasar Senen and Plaza Atrium. Legal protection for the building space on the ground has not been found on the Agrarian  Law. Legal consequences of build operate transfer (BOT) system for the parties oc- cured namely the Provincial Goverment  DKI Jakarta and PT Jaya Real Property Tbk.</p><p>Keywords: BOT system, space land, agrarian law</p>

scholarly journals PROSPEK PENEGAKAN HUKUM UNDANG-UNDANG PENGHAPUSAN KEKERASAN DALAM RUMAH TANGGA (UU PKDRT)

Jurnal HAM ◽  
2016 ◽  
Vol 7 (1) ◽  
pp. 1
Author(s):  
Sabungan Sibarani
Keyword(s):  
Domestic Violence ◽  
Law Enforcement ◽  
Rule Of Law ◽  
Research Process ◽  
Legal Issues ◽  
Legal Research ◽  
The Rule Of Law ◽  
The Public ◽  
Pain And Suffering ◽  
The Government

AbstrakKekerasan Dalam Rumah Tangga (KDRT) dalam ketentuan perundang-undangan di Indonesia tergolong sebuah kejahatan dengan ancaman hukum pidana karena mengakibatkan kesakitan dan penderitaan fisik maupun mental terhadap korbannya. Tujuan penelitian ini adalah untuk mengetahui prospek penegakan hukum Undang-Undang Penghapusan Kekerasan Dalam Rumah Tangga. Metode penelitian hukum yang digunakan pada penelitian ini penelitian hukum normatif yaitu suatu proses untuk menemukan aturan hukum, prinsip-prinsip hukum, maupun doktrin-doktrin hukum guna menjawab isu hukum yang dihadapi. Hasil penelitian menunjukkan bahwa menghapus tindak kekerasan dalam rumah tangga dapat dimulai dengan menghilangkan sebab-sebab dan unsur-unsur pemicunya. Dalam kaitan ini, sekurang-kurang terdapat banyak cara dan usaha yang patut dilakukan agar kekerasan dalam rumah tangga terelakkan atau setidak-tidaknya dapat dikurangi intensitasnya. Prospek penegakan hukum UU PKDRT akan sulit ditegakkan karena banyak kendala dalam pelaksanaannya.Hendaknya Pemerintah mensosialisasikan UUPKDRT kepada publik atau masyarakat secara jelas dan transparan guna menghindari bias atau ketidakjelasan akan isi dan kandungan dari UUPKDRT.Kata Kunci: Penegakan Hukum, KDRT.AbstractViolence in the home (domestic violence) in the provisions of law in Indonesia is a crime with the threat of criminal law, because it caused pain and suffering to the victim physically and mentally. The purpose of this study was to determine the prospects for law enforcement Law on the Elimination of Domestic Violence. Legal research methods were used in this study is a normative legal research process to find the rule of law, principles of law, and the legal doctrines in order to address the legal issues at hand. The results showed that removing the acts of domestic violence can begin by eliminating the causes and elements of the trigger. In this regard, at less there are many ways and efforts that should be done so that domestic violence inevitable or at least be reduced in intensity. Prospects the act, Law enforcement will be difficult to enforce because a lot of problems in implementation. The government should disseminate the act to the public or public is clear and transparent manner in order to avoid bias or lack of clarity of the contents and the contents of the act.Keywords: Law Enforcement, domestic violence.

scholarly journals The vicious circle of corrosive capital, authoritarian tendencies and state capture in the Western Balkans

2020 ◽  
Vol 15 (2) ◽  
pp. 167-198
Author(s):  
Tena Prelec
Keyword(s):  
Cold War ◽  
United Arab Emirates ◽  
Rule Of Law ◽  
Secondary Data ◽  
Vicious Circle ◽  
Western Balkans ◽  
Policy Makers ◽  
The Rule Of Law ◽  
War Narrative ◽  
State Capture

The presence of 'non-Western actors' in the Western Balkans has recently attracted the attention of policy-makers and academics alike, with the rise in prominence of non-EU countries coinciding with the weakening power of accession conditionality. While this trend was initially discussed in the context of a 'new Cold War' narrative, evidence-based research soon showed that this engagement is underpinned by particularistic interests at the top and 'corrosive capital'. The governance dimension is therefore essential in understanding the ties existing between the Balkan countries and the non-Western actors. Making use of primary and secondary data, this article compares the modus operandi of two non-EU actors in the region: Russia and the United Arab Emirates. It is argued that non-transparent business deals can stimulate a normative shift in the Western Balkans' political leadership away from pursuing the rule of law, and towards an authoritarian turn, while strengthening small circles of self-serving elites, at the expense of the citizenry at large. This is conceptualised as a 'vicious circle' of illiberalism and state capture, as viewed through the lens of corrosive capital.

scholarly journals RELIGIONS IN THE CONSTITUTION OF ASEAN COUNTRIES: The Rule of Law and Welfare Concept

2021 ◽  
Vol 1 (1) ◽  
pp. 37-46
Author(s):  
Asari Taufiqurrohman
Keyword(s):  
Rule Of Law ◽  
Basic Type ◽  
The State ◽  
The Body ◽  
The Other ◽  
Nation State ◽  
Legal Research ◽  
The Rule Of Law ◽  
Approach Method ◽  
Asean Countries

The study of the constitution could not be covered by the scope of one state only, but also  compare it with others. To strengthen cooperation between ASEAN community, we should understand the constitutional concept which follows the rule of law. Even adopted by the majority of nation-state according to with their basic type of the country and nationality (such as culture, religion or norms). To compare it, we have to discuss a more significant idea about the state. This research promoted to explain about the extent of religious content as well as prime religion which recognized on the constitution of the ASEAN countries by using normative legal research, with emphasizes result by comparison among countries. Finally, this research describes how important the religion concept (in each manuscript) to the body of the constitution, to reach “the living constitution” and to show the other side of the welfare concept in ASEAN countries with various theories of laws. The approach method is related to doctrinal legal research.

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