Hasanuddin University Graduate School: Open Journal Systems
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Persons with Intellectual Disability and Access to Justice in Nigeria: Challenges and the Way Forward
Get PDFConservatively, there are approximately about two million persons in Nigeria who may be referred to as persons with intellectual disabilities. These persons suffer from several challenges ranging from economic to non-inclusion in the society. In the paper, the discussion focuses on persons with intellectual disabilities and the effective access to justice as a fundamental right. The paper finds that even though Nigeria has adopted and ratified the United Nations Convention on the Rights of Persons with Disabilities, the Federal Government of Nigeria has not been proactive in supporting the persons with disabilities in the country to enjoy these rights. Furthermore, despite the provision in the 1999 Constitution of the Federal Republic of Nigeria to ensure freedom from discrimination, there is no direct effect on procedure to ensure that the rights of the disabled persons are protected. The paper proposes for a framework for the protection of the person with intellectual disability which includes legal protection, legal awareness, legal aid, adjudication and for civil society oversight of the access of persons with intellectual disabilities to justice
Bespoke Crowdfunding Regulation: A Boost up to Startups and SMEs in India
Get PDFThe paper reviews securities regulatory requirements across the world and specifically in India that may be applicable or prohibiting Crowdfunding in India. The author argues that Indian financial and securities services regulations were not designed keeping in mind the 21st century requirements of industry. There is a regulatory gap in recognizing this emerging route of fund-raising business model addressing the needs of start-up as well as the Small and Medium Enterprises (SMEs) businesses by way of crowdfunding and cross-border crowdfunding in the form of equity and debt. Thus, paper is seeking to clarify how crowdfunding fits into existing rules if any and necessity of introducing specific requirements that promote regulatory and supervisory convergence. The aim is to provide appropriate balance of less costly regulatory compliances, prudent risks management for project owners and crowdfunding platforms vis-Ã -vis raising of funds domestically and through cross-broader. At the same time providing adequate investor protection to the investor who are typically not professional investors
Realizing Regional Food Security Through Community Food Business Development in East Nusa Tenggara Province, Indonesia
Get PDFThis study aims to formulate a regional food security model based on the relationship between characteristics of the area of production, consumption and entrepreneurship with the performance of community food business development (PUPM) in the Province of East Nusa Tenggara (NTT). The research sample consisted of 93 rice farmers, 96 rice consumers and 30 business people representing the Association of Farmers' Groups (Gapoktan) and the Indonesian Farmers Shop (TTI) owners, accounting for the total respondents to 219 people. Data analysis was using Smart-PLS. The results of the analysis show that the performance of the PUPM in NTT which is influenced by the characteristics of the production, consumption and entrepreneurship areas has only been achieved at a sufficient level. The analysis also shows that the new PUPM activities in NTT are able to fulfill aspects of access and stability, while the availability aspect is still very small. Nevertheless, this study has proven that the regional food security model in NTT can be realized through community food business development activities
WOMEN'S DECISIONS TO BE AN ENTREPRENEURSHIP IN THE INFORMAL SECTOR IN MAKASSAR
Get PDFThis study aims to determine the factors underlying women with high school education levels up to Bachelor, for entrepreneurship in the informal sector. Answer the research problem; the data were collected through 22 informants and then analyzed using a qualitative phenomenological approach. The results showed that six factors were underlying the decision of women to become entrepreneurs in the informal sector, which consisted of leisure time factors, Socio-cultural factors, Marriage factors, Ease factors, Capital Factors, and Economic Factors
Rice Productivity Growth During Nine Years in Badung Regency, Bali Province
Get PDFThe trend of rice productivity and its stability in Badung Regency are presented in this study. The area is a tourism-based economy without leaving the role of rice production to feed the people.  Time series data were collected from five sub districts covering 53 villages during 2008-2016 due to the completeness of the data. Variability of the data was observed from the coefficient of variance (C.V.) to decide rice productivity stability. This study also observed correlation between rainfall and rice productivity in the area. Result of the study shows that rice productivity trend in Badung Regency tend to decline during nine years of observation especially in 2014-2016. Three sub-districts had stable condition, while two sub-districts in tourism area contributed to the decline of this matter. Analysis using bi-plot revealed that there is no significant correlation between rainfall in sub-district and rice productivity, implying that water is available throughout the year.  In terms of stability, majority of villages (69.81%) had stable condition of rice productivity ranging from middle and high category. Other 30.19% villages were categorized as unstable ranging from low to high productivity. This condition showed that Badung Regency were able to maintain stability of rice productivity during nine years of observation. Implication of this study is to pay more attention to two sub districts in tourism area to improve their rice productivity such as implementation of good agricultural practices
Influence of Government Policy on Highland Agriculture Development in Enrekang Regency, South Sulawesi, Indonesia
Get PDFUpland agriculture faces threats in the ecological crisis that will affect the sustainability of highland communities. The process lasts quite long because of external and internal influences, leading to ecological exploitation. Agricultural development, is closely related to the influence of government policy. Research focuses on discussing aspects of policy influence on the development of upland agriculture. The research is a qualitative study, using an inductive approach, the case of ethnic thorn communities in Enrekang Regency. The results of the study indicate that the three main policies that influence the development of upland agriculture are: 1). Political policy and government system, 2). Rural development policies and infrastructure, 3). Decentralization or regional autonomy, 4). Economic policies, especially investment and markets. The conclusion is that the development of agriculture is economically progressing in the shadow of the ecological crisis, drought, flooding and impact on humanitarian crisis, because it needs arrangements in land management and the application of technology for agricultural development
Post-Asean Agreement on Transboundary Haze Pollution: How to Settle the Dispute Settlement?
Get PDFForest fire happened several times in Indonesia which impacting neighboring countries, such as Malaysia and Singapore. ASEAN tried to "heal" and prevent the possibility of similar events by signing the ASEAN Agreement on Transboundary Haze Pollution (AATHP) for its members. In line with that, this research examined the concern of the state responsibility principle and its dispute resolution as well as a mechanism under the Agreement in dealing with the transboundary haze pollution in ASEAN. The research conducted by using normative theory by using primary, secondary and tertiary legal materials, collected from library research. Data analysis uses statute approach and case approach. Furthermore, the resulting research is in the form of analytical descriptive. The researchers argue that AATHP it is not explained in detail about the forms, mechanisms, and consequences that can be given to a country that has caused forest fires in the national jurisdiction and proven damage other countries. The researchers conclude that there should be a clear definition of state responsibility by means of a visible dispute settlement. Those mentioned steps are aimed to prepare for both preventive and punitive legal action for all members of ASEAN in dealing with the case of transboundary haze pollution
Concept and Position of Peremptory Norms (Jus Cogens) in International Law: A Preliminary Study
Get PDFPeremptory norms or jus cogens hold a unique position in international law. Unlike customary international law and treaty law, they abide no derivation and bind all states regardless of their willingness to be bound. Some scholars had elaborated fundamental theories to answer the theoretical background of jus cogens. However, they have never reached a satisfactory result. This study aims to elaborate the theoretical background of jus cogens and to observe the relationship between jus cogens, obligation erga omnes, and customary international law. The positivists recognize that jus cogens is an imperative norm within state practice and opinio juris. The positivist theory is not in line with the concept that jus cogens bound to states without their consent since every state has their sovereignty and cannot be bound by any kind of provision without consent. The proponents of the natural law theory stated that peremptory norms are inherited from the tradition of natural law so that it is the highest norm in international law that directly binds countries. On the other hand, the public order theory states that international law recognizes important (imperative) norms, which are hierarchically higher than ordinary norms and customary international law to advance the interests of the international community and to preserve the main values of international law. The three theories are considered insufficient to answer the philosophical basis of jus cogens. In its development, therefore, some new theories have been developed to challenge the basis of jus cogens
Structure’s Strength Induced by Intermittent Welding
Get PDFWelding is the most important of the ship building and assembling process. There are several welding of joining parts on the ship structure components that do not require watertightness such as joining of side longitudinal and the side plate of the ship. In areas that’s not required watertightness or oiltightness the structure components are joined by chain welding instead of continueous welding. The chain welding could become problem of weakness of structure’s integrities due to incontinuous of strength of structure and this could lead to structural failure. Classification rules make limitation of ranges of b/l ratio of chain welding, where b is length of welding step and l is welded length. This study aims to determine the relationship between the intermittent weld distance (chain welding) and the strength of the welded components. The strength calculation and analysis is carried out by using the finite element method by modeling a sample of chain welding of joining the side longitudinal and the side plate. Modelling and calculation is done by AnsysTM software. It was found that the greater the ratio between the length of the welding step (b) and the length of weld (l) in the chain weld, the higher tensile stress of the web frame, side longitudinal, and side plates proportionally (relatively linear). In case of b/l > 6.35, the tinsile stress of side longitudinal has passed the BKI allowable stress. The maximum stress, in case of continuous welding and in case of b/l = 5 of chain welding, increased about 68.51%, further incase of b/l = 6.35, the maximum stress increased about 23.34%. Actually the stress in case of b/l = 6.35, the maximum stress is still less then allowed stress stated by BKI, that mean that safety factor according to BKI rules for ship construction is high
Total Porosity Calculation by Using jPOR On The Carbonate Rocks of Taccipi Limestone
Get PDFOne of an effective and quickly method has been established to measure total porosity of the rocks. Macro file (jPOR.txt) for ImageJ is an utilises, which can be used on digital photomicrographs. The method can be run entirely using free to download software because there is no specialized scientific equipment. Digital photomicrographs are acquired from MicroCT Image Scan (MIS). Images were processed using a newly developed custom 8-bit palette and analized for porosity in ImageJ using the simple to use jPOR macro. The method directly calculates total porosity for batches of images with or without the option of user adjustment. Results are showing some images and calculation of the total porosity. This method have been succeeded applying in the carbonate rock images of Taccipi Limestone, South Sulawesi