Journal of International Trade, Logistics and Law (JITAL - İstanbul Commerce University)
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Ratio Legis of Settlement of Criminal Acts by Customary Institutions of the States in Ambon City
No full textThe existence of indigenous communities in Indonesia is regulated in Article 18B Paragraph (2) of the 1945 Constitution, which states: The State recognizes and respects customary law communities and their traditional rights as long as they remain alive and in accordance with societal developments and the principles of the Unitary State of the Republic of Indonesia, as regulated by law. This research uses the normative legal research type. The decisions of customary institutions are legitimate because they are supported by constitutional recognition (Article 18B paragraph (2) of the 1945 Constitution) and various regional regulations that govern the role of customary law communities. However, their nature is limited to cases that fall under customary authority (customary crimes or minor violations) and are not binding outside the customary community, unless formally recognized by state law. Decisions of customary institutions are socially and morally binding. Customary sanctions (fines, sasi, community service, apologies) are implemented based on cultural agreements and compliance. The legal certainty of customary decisions is strong within the customary community, because the norms and procedures are clear to members of the customary community.
Turkish Food Export to Gulf Countries, Challenges and Strategies
No full textThe main objective of this study was to examine Turkey's foreign trade with Gulf countries, focusing on the challenges and strategies for increasing foodstuff exports to the region. It also explored brand communication barriers and their development in the target markets. Data were collected from 5 domestic producers and 10 international customers, with participants rating each factor on a scale from 1 (least important) to 5 (most important). The study also aimed to investigate the role of brand communication in enhancing exports to Gulf countries. According to results of this research, developing new strategies for engaging with poor and economically weak countries can help ensure sustained and continuous trade with them. Developing region-specific product formulations that align with local taste preferences can enhance brand recognition and drive trade growth. Among external barriers, the highest-rated challenges were high tariff and non-tariff barriers, intense competition in international markets, unfavorable domestic regulations, and lack of government support or incentives. Internally, the most significant factors were the need to adjust export promotion strategies, high transportation and insurance costs, and insufficient or untrained export personnel. Successful global brands rely on clarity, consistency, and constancy the three Cs to strengthen personal and corporate branding. These traits are evident in media figures and CEOs who use personal branding to build business success. To boost exports to GCC countries and attract investment, continued information support is vital providing importers with market access details and updating Arabic platforms with investment opportunities and procedures
Prohibition of LGBT Practices in the Environment of the Indonesian National Army Institution from the Perspective of Legal Certainty
No full textThe special task of protecting, maintaining and upholding the sovereignty in country from interference to other countries is carried out by the state security unit called the armed forces, which has now been changed to the Indonesian National Army (TNI). TNI sovereignty security unit has powers that include the land dimension under authority of the Indonesian Army (TNI-AD), the air dimension under Indonesian Air Force (TNI-AU), and the sea dimension under Indonesian Navy (TNI-AL). This research is a normative legal research. he prohibition on LGBT practices based on the TNI Commander's Telegram Letter Number ST/1648/2019 dated October 22, 2019, interpretively emphasizes the prohibition of same-sex sexual relations, and not the existence of LGBT in the TNI institutional environment. This regulation should be carried out through a law whose formation involves parliament as the people's representative, because the prohibition is related to the limitation of human rights, namely sexual relations.
Legislative Ratio for BPHTB Payment Arrangements in the Process of Buying and Selling Land and/or Building Rights from a Legal Certainty Perspective
No full textAs a nation governed by the rule of law, Indonesia must ensure that tax regulations, including the BPHTB (Land Acquisition and Land Acquisition) regulations, align with sound and fair legal principles. Therefore, it is necessary to reconstruct the BPHTB payment arrangements to better align with the principles of legal certainty and justice, for example by allowing BPHTB payments after the deed is signed by the Land Deed Official (PPAT). In this way, Indonesia's tax legal system can better reflect the essence of a state governed by the rule of law, as taught in classical legal philosophy and in modern state practices that prioritize public welfare. Legis Ratio of BPHTB Payment Arrangement in Land and/or Building Sale and Purchase Process Legal Certainty Perspective namely Philosophical, Theoretical, Juridical, Sociological basis. Philosophically, the regulation of BPHTB payment after the sale and purchase deed is in accordance with the values of Pancasila, especially the fifth principle on social justice, which emphasizes that taxation policies do not burden without a valid legal basis, theoretically, based on the theory of the rule of law
The Role of Strategic Sourcing in Organizational Performance: A Case of Medical Store Department
No full textIn rapid changing business environment, many organizations struggle to balance between cost efficiency with long term value creation. Strategic sourcing has emerged as a critical approach to reduce supply risks, minimize procurement costs and enhance organizational performance. This study examined the role of strategic sourcing in enhancing the attainment of organization performance at Medical store department (MSD). A descriptive survey research design was adopted with the target of 214 employees across nine department, where 201 were sampled. The study adopted quantitative research approach where data was collected using questionnaires and analyzed through descriptive statistics and factor analysis. The study findings indicated that supplier selection and supplier experience have an important role in improving organization performance positively while supplier performance did not show a significant effect. The study highlights that effective supplier selection, collaboration with experienced suppliers and structured evaluation mechanisms enhance operational efficiency, flexibility and products and service quality. The study recommended that organizations should prepare a collaborative business environment with suppliers, ensure regulatory compliance during supplier selection and select experience suppliers in procurement-related functions. These findings underscore strategic sourcing as vital driver of organizational performance in public sector procurement
The Influence of Procurement Planning Assessment on Public Procurement Performance in Tanzania: A Case of Parastatal Organizations in Dodoma
No full textThis study investigated the influence of procurement planning assessment on procurement performance in Parastatal organizations in Dodoma, Tanzania. The study was conducted in Dodoma, chosen due to persistent suboptimal procurement performance trends indicated in the 2021 CAG Report. The theories guiding the study were the resource-based view and compliance performance reform cycle model. A mixed-methods approach was employed in the study. The research design adopted was a cross-sectional survey. Simple random and purposive sampling were utilized, the study involved a sample size of 134 respondents in the study area. Quantitative data were collected through questionnaires and qualitative data was collected through interviews Data analysis of the proposed study used is descriptive analysis and inferential statistics using regression analysis to analyze the quantitative data. While qualitative data analyzed using thematic analysis technique. The findings revealed significant positive relationships between procurement planning assessment and procurement performance. This implied that the study underscored the importance of procurement planning assessment in enhancing procurement performance within Parastatal organizations. The findings suggested the need for policymakers and organizational leaders to prioritize strategic procurement planning assessment to optimize procurement processesThe study recommended the establishment of structured processes for planning, implementation, and evaluation of strategic procurement planning practices
Asymmetrical Construction of Regional Head Elections in Indonesia
No full textAs stated by Sri Soemantri, the existence of the delegation of authority from the Central Government to autonomous regions is not because it is stipulated in the constitution, but because the issue is the essence of a unitary state, namely. "In order to maintain the unity and integrity of the state, this is one of the reasons for the central government to always dominate the implementation of government affairs by setting aside the role and rights of regional governments to be directly and independently involved in managing and fighting for the interests of their regions.” This research is a qualitative research through a normative legal approach. The construction of Article 18 paragraph (4) in 1945 Constitution of Republic Indonesia which contains the phrase "democratically elected" in this case provides space for each region to implement regional elections that are in accordance with regional conditions and needs
The Impact of Educational Services on International Students Satisfaction: International Students in Turkish Universities
No full textEducational services have become crucial to student satisfaction and educational experience, especially for international students who need to adjust to a new educational environment. The research used an online survey, which effectively collected data from 177 students enrolled at six universities in Istanbul. The findings, based on a comprehensive examination of current literature and an analysis of quantitative data, show a positive correlation between education service and student satisfaction
Impact of Trade Dynamics on Economic Growth in SADC Strata
No full textThis study investigates the relationship between trade ratios and economic growth within the Southern African Development Community (SADC), focusing on how varying trade dynamics impact economic performance across different country categories. Utilizing dynamic fixed effects regression analysis, the study quantifies the significance of total trade, exports, imports, and trade-in-service ratios on GDP growth. Major findings reveal a positive and statistically significant impact of exports to GDP ratios on economic growth, with a parameter estimate of 0.572, particularly in non-CMA and coastal countries. In contrast, imports to GDP ratios demonstrate a negative relationship, with an estimated -0.314, highlighting the detrimental effects of import dependency. The analysis also shows that manufactured imports negatively impact growth, with a parameter estimate of -0.271. In contrast, agricultural raw material imports can facilitate growth in landlocked nations, indicated by an estimate of 0.342. The study concludes that fostering export-oriented strategies and enhancing local production capabilities are essential for sustainable economic growth. Given these empirical results, policymakers should harmonise trade dynamics by promoting high-value exports, reducing reliance on manufactured imports, and supporting agricultural sectors to enhance overall economic resilience in the SADC region.
Regulation of Political Party Financial Assistance Examination by Different Auditors
No full textThe concept of democracy was first practiced in Ancient Greece, especially in the city state of Athens in the 5th century B.C. At that time, in Greece small cities were formed called city states and each of these city states had what Jean Bodin called superanus, which then the concept of superanis became the concept soverign and was reduced back to soverenity, and which in Indonesian means sovereignty. This research is a normative legal research. To maintain transparency in the use of these finances, the use of financial assistance must be accounted for, and for finances sourced from government assistance through the State Budget (APBN) must be audited by the Supreme Audit Agency (BPK), because government financial assistance is related to finances from the state through the APB