International Journal of Global Community (Riksawan Institute - IJGC-RI)
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Distribution of Woman Inheritance In Batak Toba Traditions According To The Law
Full text linkThe customary law society has a tendency to still acknowledge the existence of unwritten law as a law that enforces order and justice in the center of society, especially in arranging inheritance. Ethnic groups have a plethora of systems in the distribution of inheritance, including those that are arranged in various inheritance laws. Hence, an interesting issue is, “How is the constitutionality of woman’s inheritance distribution in the Batak Toba tradition according to the Law?”. The legal option regarding this inheritance matter is necessary in order to develop Indonesia’s national law in the centre of a diverse society. By giving an identical legal sub-system to a different society, and emphasizing a different legal sub-system may widen the distance between law and the feeling of justice within a society. Moreover, it’s crucial to implement the unification and strengthening of order regarding inheritance law in order to conceive legal certainty and the feeling of justice. If a legal dispute happens in distribution of inheritance, specifically towards the women of Batak Toba, which ends in court, the judge will determine the verdict based on legal values and justice that lives in a society
Developing Historical Empathy among Political Science Students through Reflections on Human Rights and Martial Law
Full text linkMartial Law of the Philippine president and Dictator Ferdinand E. Marcos is one of the controversial and important events in Philippine History. Implications on human rights continuously reverberates up to the present day. This paper examines the different reflective pedagogical strategies utilized in teaching the Marcos’ Martial Law and how it affects students’ cognitive and affective dimensions of historical empathy. A series of reflective interventions were implemented among third year political science students over the course of several weeks. Student responses in various forms yielded by the interventions were evaluated using rubrics measuring the aforementioned two dimensions of historical empathy. The results showed that reflective interventions allowed students to manifest greater levels of historical empathy in the two studied dimensions. In particular, the culminating activity, which built on previous reflective interventions, demonstrated the students’ ability to use the principles of historical empathy in addressing contemporary human rights issues. The researchers conclude that interventions designed according to reflective models facilitate the development of historical empathy in the students, albeit only with the cognitive and affective dimensions in mind. This paper recommends educators to integrate meaningful and consistent reflective activities into their history-related lessons to further develop student’s historical empathy
Evaluating the Role of the ICJ in interpreting the UN Charter’s Prohibition on the Use of Force and Providing Clarity on States’ Inherent Right of Self-Defence
Full text linkThis paper discusses how the International Court of Justice (ICJ) has contributed to the interpretation of the UN Charter’s prohibition on the use of force through its decisions in many landmark cases. There are two questions this paper proposed to address. First, how does the ICJ interpret the UN charter’s prohibition on the use of force. Second, to what extent does the ICJ’s judgements and advisory opinions have provided clarity on states’ inherent right of self-defence. To answer the questions, literature-based research, including legal sources such as case-law, legislation and legal doctrines are used. According to this research, in deciding the cases concerning the use of force, the ICJ mainly based its judgement on the customary international law on prohibition of the use of force instead of referring to the UN Charter’s prohibition on the use of force, until in the Nicaragua case when it provides details on what actions are equivalent to the use of force. Furthermore, by providing a definition of armed attack and using the customary international law on the principles of Necessity, Proportionality and Immediacy, the ICJ has clarified states’ right of self-defence through its judgments and advisory opinions in several cases
The Effect of Contributory Negligence on Damage Awards: A Comparative Study
Full text linkAbstractThis article analyses the effect of the fault of the injured party on damage awards. There is still much debate on some of the factors that affect the estimation of compensation particularly those related to the injured party including the fault of the injured party. In this article the author undertook comparative analysis on the rules of contributory negligence by comparing the laws of Iraq, the UK and the USA. The comparative analysis revealed that the way of dealing with this issue has changed from the rule ‘all or nothing’ to the apportionment rule in both laws of the UK and the USA, although the way of dealing with the apportionment rule in the USA (in some states) is somehow different from that of the UK. However, in Iraq the rule ‘all or nothing’ is still operative
Analysis of The Mechanism Process From The Tapping Action To Find Evidence In Crime
Full text linkThe purpose of this paper is to find out related to the analysis of the mechanism process from the act of tapping to find evidence in the crime itself. Using normative juridical research with a statute approach which is carried out by reviewing all laws and regulations related to legal issues regarding wiretapping, especially Article 31 paragraph (1) and (2) of Law Number 19 of 2016 concerning Information and Electronic Transactions and how they are enforced in Indonesia and a comparative approach to compare the law on wiretapping carried out by investigators in countries that regulate laws against wiretapping with the Indonesian state, so that the results of the wiretapping mechanism itself can be obtained. The analytical technique used is in the form of juridical normative with comparative approach techniques by analyzing problems related to how the comparison of wiretapping conducted by investigators in Indonesia with countries that regulate legal issues regarding wiretapping, along with the advantages and disadvantages of each accompanied by grammatical interpretation. In this case, wiretapping is included in an action whose purpose is to find evidence related to the trial, although in Indonesia it is known that there is no more specific regulation, but the wiretapping carried out must then be adjusted to the norms and human rights itself so that the wiretapping is not carried out later, violate the privacy rights of everyone including the victims
Impact of Changes Criminal Sanction and Liability on Living Environment in the Job Creation Law
Full text linkEnactment of the Law on Job Creation (Act 11/2020) which brought the impact of changes to the laws it accommodated, one of which was the Law on Environmental Protection and Management (Act 32/2009). There are consequences with the accommodation of Act 32/2009 in Act 11/2020 in the form of changes and abolition of norms regarding sanctions and criminal responsibility for the environment in Act 11/2020. This study aims to provide insight into the potential for new crimes that arise due to changes in criminal sanctions and responsibility for the environment in Act 11/2020. This research is a normative juridical type with a law and conceptual approach. The results of the study indicate that changes in the norms of sanctions and criminal responsibility for the environment: the emergence of potential crimes in implementation and the environment in Indonesia, the emergence of potential arbitrariness of state businesses in issuing state administrative decisions because they are related to governance regarding state business governance administrative decisions complex state efforts are abolished, as well as weakening access to justice for people affected by previous environmental problems because the government has difficulty in carrying out responsibilities based on mistakes, which has the convenience of having strict principles of responsibility in environmental crime cases. Given the importance of the environment in daily life, it is essential to anticipate the consequences above so that they do not occur massively. When there is an opportunity to commit a crime, the law must be present to provide protection and justice
Mechanisms of United Nations Human Rights Institutions in the Protection of Human Rights
Full text linkThis article aims to study the scope of the United Nations’ work in the protection of human rights by analyzing the measures taken by the United Nations to contribute to the protection of human rights from violations and the impact of these measures on human rights conditions. The method is an analytical legal study. The results indicated that the United Nations has adopted several mechanisms and procedures to monitor human rights violations and reveal the perpetrators. To implement these mechanisms, the United Nations established the Human Rights Council, the Office of the High Commissioner for Human Rights and the core human rights treaty bodies. These institutions work permanently in the field of human rights all over the world. It also establishes commissions of inquiry or fact- finding missions, as needed, to operate temporarily and in specific areas. Human rights protection mechanisms include several procedures, including making recommendations to enhance the implementation of human rights, issuing periodic reports on the human rights situation around the world, as well as activating complaints procedures, special procedures, universal periodic review. In addition to provide the necessary technical and financial advice and assistance to support programs to promote the practice of human rights. However, the recommendations issued by the United Nations bodies in relation to human rights remain non-legally binding documents, as states have a moral obligation to implement them. But the recommendations and reports issued in the field of human rights by the United Nations human rights institutions determine the position of each state in its contribution to protection of human rights and put pressure on it by public opinion. In the event of gross violations of human rights that threaten international peace and security, the Security Council has the authority, in accordance with the Charter, to intervene in punitive and repressive measures against states that seriously violate human rights
Scaffolding Blended Listening Task: A Learner- Centred Approach
Full text linkTask-based language teaching (TBLT) promotes second language learning in a communicative way. Research on low proficiency level learners with regard to TBLT in the Asian context is new and needs to be explored further. The task phases in the blended mode of teaching and learning need to be connected well and learners need to be motivated from the initial phase itself which will add more meaning to student’s learning process. This paper briefly discusses the concept of scaffolding strategies with reference to previous research and also proposes a model with a sample task. The study adopted a quasi-experimental design in order to see the practical implementation of the model. For this reason, 60 pre-service teachers from different teacher education colleges, in Warangal, India are selected. All of them were given a listening test. Through random purposive sampling a sample of 30 pre-service teachers with A1-A2 proficiency levels, from 60 teachers was selected. All of them are given a task motivation questionnaire and then they are randomly categorised into experimental (N=15) and control groups (N=15). The experimental group that received the scaffolding strategies in blended mode outperformed the control group in the post-test listening test. Also, their motivation levels improved compared to the control group. The study has got implications for second language proficiency improvement through TBLT and the role of blended language teaching and learning in improving motivational levels
Legal Certainty of Plea Bargaining In Addressing Tax Crimes In Indonesia
Full text linkTax crimes are still detrimental to the state, even though there are several prevailing laws in plea bargaining in Indonesia. It is necessary to address tax crimes through the ideal concept of tax certainty of plea bargaining. This study uses legal doctrine method which is almost value-laden, where the value used in producing the ideal plea bargaining legal concept is legal certainty. It is necessary to reform plea bargaining concept in the field of tax, which is in line with Article 23A of the 1945 Indonesian Constitution and Article 1 paragraph (1) of the Indonesian Criminal Code which interpret the legality principle as the underlying principle that the lex scripta, lex stricta, and lex certa must be fulfilled. The concept of tax certainty refers to other suspects (such as representatives, attorneys, employees, or other parties who participated in committing or helping to commit criminal acts in the field of taxation) if the main suspect has paid off the loss of state revenue, taxpayers who carry out plea bargaining (by not repeating tax crimes and are willing to correct their tax returns that have not yet expired for prosecution), and the responsibility of the beneficiaries
E-Government Innovation in Bandung City During the Covid-19 Pandemic
Full text linkThe application of e-government in providing services to the community is ongoing in different agencies of the State Civil Apparatus, as such agencies already use technology in their activities, especially in recording employee attendance, because of the benefits of time efficiency and better performance by employees. During the Covid-19 pandemic, work was very dependent on the mechanism of e-government (virtual work system), since the previous face-to-face work system was no longer possible. In this regard, the State Civil Apparatus of Bandung City adopted new habits. These new habits came with several challenges: (a) frequent network downtime, (b) error signal, (c) no quota, (d) stuttering technology, (e) system equipment that is out of sync, and (f) the need for continuous improvement of the system. A rotating work system was scheduled to ensure that there are no gatherings of people that would cause the spread of the virus. This requires cooperation and adaptation to the new patterns in performing the tasks and functions of the State Civil Apparatus, especially for those who interact directly or face to face with the community. The research objectives are to (1) create an integrated e-government model that facilitates the operation of the State Civil Apparatus, (2) collect information and data related to the suitability of the model applied by the State Civil Apparatus of Bandung, and (3) find a formula or theory that can make it easier. This research is qualitative research with a case study approach