International Journal of Global Community (Riksawan Institute - IJGC-RI)
Not a member yet
12510 research outputs found
Sort by
Enforcement of Human Rights in Palestine Compared to Indonesia
Full text linkThis study examines the enforcement of human rights in Palestine and Indonesia, providing a comparative analysis to highlight key differences and derive insights. It delves into the human rights situation in both countries, particularly focusing on how the Israeli occupation systematically violates Palestinian rights, with special emphasis on recent developments after October 7, 2023. The research uses an analytical and comparative methodology. The findings indicate that while both Indonesian and Palestinian legislators recognize human rights as constitutional, enforcement varies significantly. In Indonesia, being an independent and democratic state with full sovereignty, human rights are better enforced. The country has a dedicated human rights law, an independent court for human rights protection, and institutions held accountable by the people. On the other hand, Palestine faces substantial challenges under Israeli military occupation due to the lack of sovereignty and independence. Law enforcement efforts are further hindered by political division, disrupted democratic processes, and the absence of a dedicated human rights law and court. Additionally, the suspension of elections since 2007 has caused a stagnation in democratic transitions. Cultural differences also affect how rights are practiced. Indonesia's diverse cultural landscape means that the interpretation of human rights varies across regions, whereas Palestine's more homogeneous culture leads to a more unified approach. For instance, women's rights in Indonesia are broader, granting women greater freedoms compared to those in Palestine. This difference underscores Indonesia’s relative advancement in the enforcement of human rights compared to Palestine
Good Faith in the Business Judgment Rule As Grounds For Erasing the Unlawful Nature
Full text linkAbstract
Article 97 paragraph (5) of Law Number 40 Year 2007 on Limited Liability Company contains vague norm interpretation because it does not explicitly provide limitations on the meaning of good faith as one of the main requirements for the Board of Directors not to be liable for losses due to decisions taken. This research examines the meaning of good faith in the decision-making of the Board of Directors of state-owned companies, and whether good faith in the business judgment rule can be used as grounds for erasing the unlawful nature of corruption in state-owned companies. The research uses normative juridical method with statutory approach, concept approach, comparative approach and case approach. Legal materials are analyzed with descriptive analytical techniques, determining the meaning of legal rules, legal principles, and legal doctrines. The results of the study concluded that good faith in the business judgment rule is an honest and proper management action in the interests of the company that is not against the law and/or is not an act to take the opportunity for personal gain. Good faith in the business judgment rule can be grounds for erasing the unlawful nature of corruption crimes that harm state finances in state-owned companies (SOE), even though it is not explicitly regulated in the Criminal Law. The Indonesian legal system allows norms and principles outside of criminal law to be considered in legal judgment.
Keywords: Good Faith, Business Judgment Rule, Grounds for Erasure, The Unlawful Nature
Protecting The Marine Environment of The Gaza Strip Under The Provisions of International Humanitarian Law
Full text linkThe purpose of this study is to examine the role of international humanitarian law in protecting the marine environment of the Gaza Strip in light of the Israeli violations, as well as to clarify the effectiveness of the rules of international humanitarian law in protecting the marine environment of Palestine in light of the violations of the Israeli occupation. The mere conclusion of international treaties to protect the marine environment is not enough without a supreme authority imposing penalties on violators. On the other hand, the Israeli occupation violates on a daily basis the rules of international humanitarian law that provide protection for the marine environment of Palestine without deterrence from the international community. Therefore, the study recommends the need for the international community and international organizations to take all necessary measures to deter Israel, oblige it to the provisions of international law, stop its violations against the marine environment and carry out its duties as an occupying military force
Critical Analysis of The Role of Passing Off in the Modern Intellectual Property Legal System
Full text linkAbstractThis article critically analyse the tort of passing off under UK legal system and its role in the modern intellectual property legal system. Passing off is a common law tort that protects the goodwill of a trader from damage which is caused by misrepresentation of other merchants. This article introduces the concept of passing off and its elements and sheds the light on the development of the tort of passing off. the authors undertake a qualitative approach to a thorough investigation that reveals that the tort of passing off in the UK has changed some of its rules including the elimination of the requirement of the common field of activity. It was also found that there has not been any development in the UK to expand passing off to catch post-sale confusion
International Disputes Settlement Mechanisms
No full textDisputes are an inevitable part of the international system necessitating the existence of international dispute settlement mechanisms. The different strands of realism and liberalism theories in international relations provide for the theoretical frameworks for understanding the factors, actors and motivations behind these disputes. Generally, all states have the options to use force or adopt peaceful ways to settle disputes. Although the use of force is prohibited in international law according to the UN charter, there are at least a few instances where the use of force can be justified. However, the United Nations through its charter encourages peaceful settlement of disputes. The international law provides for a measure of a regulated and predictable environment, principles and guidelines for peaceful settlement of disputes. These mechanisms are either legally or non-legally binding also known as legal and diplomatic mechanisms respectively. These mechanisms serve as range of measures along continuum of dispute settlement process and alternatives at times but also as complementary processes that are capable of running concurrently. For instance, while parties would prefer diplomatic means before engaging in formal litigations, diplomatic endeavors may progress, inform or serve as a conclusion to a litigation progress
Green Construction in The Framework of Sustainable Development Goals
Full text linkIndonesia already has regulations regarding construction and environmental services. Still, the extent to which these regulations regulate construction that cares about the environment needs a further study so that these regulations can be related to development policies. Considering that environmental sustainability is one of the Principles of Sustainable Development Goals, the Green Building-Green Construction concept is one of the efforts to support the achievement of sustainable construction, and it will ultimately contribute to reducing the impact of global warming. What further needs to be considered and researched is the SDGs Goals which form the basis for this green construction, and what goals are meant. Then, the method used in this research is a normative juridical research method with field data as support. The targeted outputs are reputable international journals and textbooks in the field of dispute resolution where this research has theoretical benefits, namely the development of methods that add to the scientific knowledge in the field of construction and the environment. The practical benefits of this method can be used by the construction service community to perform green and sustainable construction. In Indonesia, in line with developments in international law, several regulations are already related to green construction and sustainable development. Furthermore, seven goals are directly related to green construction and SDGs, even though all of these goals correlate with green construction. Moreover, the following result is the concept of sustainability as a condition to continue, survive and have a future
Application of Defense Science in Dealing with Ecological Damage in Indonesia
Full text linkBased on the various indices, Indonesia's ecological status is in a low - medium environmental condition and has sufficient potential for ecological damage. However, the way governments have dealt with ecological damage so far has been very limited, fragmented, and overlapping. On the other hand, various government policies so far have not adequately incorporated the defense and security paradigm. This research has novelty because research related to the application of defense science in responding to ecological damage has never been done in Indonesia. This research is supposed to reveal the inhibiting and supporting factors of defense strategy so that ecological damage as a non-military threat can be countered so that the security of the nation and the integrity of the state can be defended. This research is a qualitative study that attempts to build meaning about a phenomenon based on the views of the interviewees. The data collection methods used are interviews and document studies. The results of the analysis of several ecological indices from 2018 to 2020 showed that there has been a decline in the quality of ecosystems in several regions. This condition in the long term can threaten the existence of humans and other living organisms. This very high risk must be faced by creatures that live outside conservation areas, of which there are only about 30% in Indonesia. Based on that point, it can be said that Indonesia is encountering potential Ecological Damage which is also a defense threat. The threat of Ecological Damage will affect national defense if the Government does not take the proper actions. Therefore, the intervention needed at the present is not enough with only an environmental science or sustainable development approach. Defense Science must be applied to contribute to solving this problem because it can increase national readiness that can encourage awareness of all sectors. The realization of the application of defense science in overcoming ecological damage is through central government defense management which includes planning, institutionalization, direction, coordination, and supervision between relevant ministrie
The Construction of an Ideal Indonesian Foreign Policy in Response to the AUKUS Defense Pact
No full textAUKUS is a trilateral defense pact between Australia, the United Kingdom, and the United States, with the initial goal of building nuclear-powered submarines and defense cooperation in the Indo-Pacific region. Indonesia's geographical location is close to Australia, as a result of AUKUS nuclear-powered submarines and other Australian defense equipment developed based on the AUKUS agreement have the potential to pass through ASEAN territorial waters that intersect with Indonesia thereby violating the Southeast Asia Nuclear Weapon Free Zone which is feared will have a significant impact on ASEAN member states, particularly Indonesia. This research will build an ideal and just Indonesian foreign policy to respond to AUKUS. The research was conducted using a normative juridical method with a statutory and conceptual approach. The collection of legal materials was carried out through a literature study and analyzed using a prescriptive method. The results of this research are that Indonesia's free and active political policy is to signify the direction and implementation of international interactions that uphold national sovereignty and interests in determining domestic and foreign policies. Indonesia's ideal foreign policy in response to the AUKUS defense pact is to arrange an international agreement that is legalized in the form of law under the provisions of Article 10 of the Republic of Indonesia Law Number 24 of 2000 concerning International Agreements. The substance of the international agreement arranged must contain the values of Pancasila as the foundation of the state and fulfill the elements of K.J Holsti's foreign policy theory in the form of elements of value, time, types of objective demands, and particular concatenation of assumptions and goals so that the resulting Indonesian foreign policy can respond to the problems faced according to the capacities and policies needed by Indonesia
Juridical Study of E-Commerce Agreements In Terms of Civil Law Aspects
Full text linkThe parties involved in e-commerce transactions conduct legal relations as outlined through a form of contract that is carried out electronically. The problem that often arises in e-commerce transactions is that the seller or buyer does not know the identity of each party. Therefore, it is possible that those who carry out e-commerce transactions are minors, who are considered unable to be responsible for their actions. In addition, regarding the goods traded, for example, the goods sent do not match the specifications. These problems are related to the subjective and objective requirements in Article 1320 of the Civil Code, so it is necessary to study the validity of agreements in e-commerce transactions in more depth. In addition, consumers need to obtain legal protection because, in e-commerce transactions, there are still rampant things that harm consumers. The purpose of this study is to determine the validity of e-commerce agreements in terms of civil law and determine legal protection for consumers in the event of default in e-commerce agreements. This research uses the normative juridical method. The result of this research is the validity of e-commerce agreements, as long as they fulfill the legal requirements of the agreement as stipulated in Article 1320 of the Civil Code, are valid, and have the same legal force as conventional agreements. Furthermore, regarding legal protection in the event of default in an e-commerce agreement, consumers should sue the seller to provide compensation based on Article 1239 of the Civil Code
Review of Mary Wollstonecraft’s A Vindication of The Right of Woman
Full text linkThe book "A Vindication of the Rights of Woman," written by Mary Wolllstonecraft, was published in 1792. The reason why this book is important is that it not only meets the requirements of the era in which it was written but also sheds light on today's concepts, such as political and human rights. The purpose of writing A Vindication of the Rights of Woman was actually a response to the famous philosopher Edmund Burke's Reflections on the Revolution in France, which was published in the 18th century. At the same time, another point that makes Wollstonecraft important in this book review is that she reflected her thoughts in her book, which would not remain a spectator to the political and social events of the 18th century. However, by opposing the hierarchy system in this period, she not only defended a section of women, but she was the defender of all women. She wanted to defend every woman in society. Of course, he determined this right to defense with reference to the education that women and men would receive. According to her, both sexes, men and women, have the same mind and the same common sense. The feature that distinguishes them from each other is their lack of education, and it is precisely for this reason that women were considered dependent on men in this period because they could not have the right to education. Accordingly, in her response, Wollstonecraft wrote that men and women had equal status and equal rights. The purpose of this study is to evaluate Wollstonecraft's book and discuss the prevailing opinion of a sexual character