176 research outputs found
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Legal Problems in Managing Environmental Activities in Iraq's Oil and Gas Industry
No full textGeneral Background: Oil and gas production is a cornerstone of Iraq's economic development. Specific Background: However, this industry significantly impacts the environment, necessitating the implementation of environmental sustainability systems during production. The current governmental framework, while somewhat organized in hydrocarbon production, lacks a unified law that comprehensively regulates all aspects of oil and gas production, including environmental preservation. Knowledge Gap: Existing environmental laws suffer from poor coordination, complicating the regulation of environmental activities to meet the minimum global standards set by the United Nations Sustainable Development Agenda 2030. Aims: This article aims to analyze the environmental protection measures undertaken by Iraqi administrative authorities in the oil and gas sector, examining the public administration, technical aspects, and related institutions' efforts to mitigate pollution. Results: The study reveals that despite some organized efforts, the regulatory framework is insufficiently coordinated, hindering effective environmental protection. Novelty: The article highlights the chaotic regulatory environment and underscores the urgent need for a unified legal framework and better-coordinated environmental laws. Implications: The findings suggest that Iraq must adopt advanced technologies and modern policies to improve environmental sustainability in its oil and gas industry, aligning with global environmental standards. Proposed measures include enhanced regulatory coordination and the integration of innovative technologies to reduce pollution levels in hydrocarbon production processes.Highlights:
Lack of a unified law in hydrocarbon production regulation.
Poor coordination of existing environmental laws.
Need for advanced technologies to reduce pollution in the oil and gas industry.
Keywords: Environmental Protection, Pollution, Regulation, Oil, Ga
Streamlining Regional Regulations with Omnibus Law for Legal Harmonization: Penyederhanaan Peraturan Daerah dengan Omnibus Law untuk Harmonisasi Hukum
No full textBackground: Regional regulations (Perda) in Indonesia often face issues of overlap and inefficiency. Specific Background: The Omnibus Law method, known for simplifying and harmonizing regulations, has been applied nationally but remains underexplored locally. Knowledge Gap: Its practical application at the regional level, including challenges and opportunities, lacks sufficient research. Aims: This study examines the legal reconstruction of Perda using the Omnibus Law to improve regulatory efficiency and alignment with national laws. Results: The method streamlines regulations, enhances coherence, and boosts legal certainty but faces challenges such as stakeholder resistance and capacity limitations. Novelty: The research highlights the method's transformative potential for resolving Indonesia's regulatory complexities. Implications: It advocates for capacity-building, participatory processes, and effective oversight to achieve cohesive and responsive governance.
Highlights:
Regulatory Simplification: The Omnibus Law integrates overlapping regional laws into a single, cohesive framework.
Challenges: Stakeholder resistance and limited local capacity hinder effective implementation.
Opportunities: Enhances legal certainty and fosters better alignment with national regulations.
Keywords: Omnibus Law, Regional Regulations, Legal Reconstruction, Regulatory Efficiency, Governance Harmonizatio
Punishment for Perpetrators with Special Needs (Disability) in the Current Criminal Process : Pemidanaan terhadap Pelaku Berkebutuhan Khusus (Disabilitas) dalam Proses Pidana Saat Ini
No full textGeneral background of this research emphasizes the state's vital role in ensuring the rights of persons with disabilities within the legal framework, particularly in criminal proceedings. The specific background highlights the challenges these individuals face in the justice system, often encountering biases that hinder their access to justice. The knowledge gap identified indicates a lack of comprehensive research on the legal treatment and punishment of offenders with disabilities in Indonesia, especially under the new Criminal Code. This research aims to analyze punishment implementation for such offenders and the collaboration between judges and psychiatrists for fair legal processes. The results reveal that a normative descriptive method, incorporating expert assessments and judicial discretion, is crucial for adjudicating these cases. The novelty lies in proposing a collaborative approach that encourages judges to consider legal principles alongside individual circumstances. The implications advocate for systemic reforms to enhance protections and treatment of persons with disabilities in the criminal justice system, ensuring equitable rights and justice for all citizens. This study contributes to the dialogue on legal reform and social justice, urging policymakers to foster an inclusive legal environment.
Highlights:
Emphasizes the importance of integrating expert assessments in legal proceedings for offenders with disabilities.
Advocates for a collaborative approach between judges and psychiatrists to ensure fair treatment.
Highlights the need for systemic reforms to protect the rights of persons with disabilities in the justice system.
Keywords: Disability, Punishment, Legal Reform, Equality, Criminal Offender
Legal Analysis of Unauthorized Waste Dumping by Companies
No full textGeneral Background: Environmental degradation due to human activities has led to significant ecological issues, necessitating robust legal frameworks for environmental preservation and management. Specific Background: In Indonesia, Law Number 32 of 2009 addresses these concerns, highlighting the need for legal regulations to mitigate environmental harm. Knowledge Gap: Despite the existence of such laws, there is a lack of comprehensive understanding regarding the effectiveness and implementation of regulations specifically related to the criminal act of dumping waste by companies. Aims: This research aims to analyze the legal regulations governing the criminal act of waste dumping in environmental media without permission, with a focus on normative legal research methodology. Results: The study reveals that, according to Law No. 32 of 2009 and provincial regulations on waste management, several regencies or cities have established legal frameworks to address this environmental crime, while at least five provinces still lack sufficient regulations. Novelty: This research provides a detailed examination of the regulatory landscape, identifying gaps and inconsistencies in the enforcement of environmental laws across different regions in Indonesia. Implications: The findings underscore the necessity for a more harmonized and stringent regulatory approach at both the provincial and national levels to ensure effective environmental protection and compliance by companies. This study contributes to the existing body of knowledge by offering insights into the legislative and enforcement challenges in environmental law, particularly in the context of criminal activities related to waste management.
Highlights:
Legal Framework: Examines the effectiveness of Law No. 32 of 2009 and provincial regulations on waste dumping.
Regional Disparities: Identifies gaps in regulatory enforcement across different provinces.
Normative Research: Emphasizes the use of laws and regulations as primary sources for analysis.
Keywords: Legal Arrangements, Waste Dumping, Criminal Act
Judicial Reduction of Penalties in Georgian Civil Law: Balancing Debtor and Creditor Rights
No full textGeneral Background: Judicial discretion in the reduction of penalties plays a crucial role in balancing the interests of contracting parties under the Civil Code of Georgia. Specific Background: Article 420 grants courts the authority to reduce disproportionately high penalties, yet the lack of explicit legal criteria leaves room for case-by-case judicial interpretation. Knowledge Gap: Despite the volume of case law, there remains no standardized framework guiding courts in determining what constitutes an “inappropriately high” penalty. Aims: This study seeks to analyze Georgian court decisions to identify patterns and criteria employed when reducing penalties under Article 420. Results: The findings reveal that courts emphasize proportionality, reasonableness, and the specific circumstances of the breach, including the degree of fault and the scope of unfulfilled obligations. Moreover, the financial status of the parties and market expectations further influence judicial decisions. Novelty: This article consolidates judicial practices to offer a comprehensive framework for reducing penalties, contributing to both theoretical understanding and practical application in legal practice. It introduces a calculation methodology and suggests criteria for equitable penalty reduction in specific legal relationships. Implications: These insights will support legal practitioners in formulating fairer contracts, assist courts in maintaining contractual balance, and guide future legal reforms, fostering both justice and efficiency in contractual relationships.Highlights:
Georgian courts use proportionality and reasonableness to reduce penalties under Article 420.
The absence of explicit legal criteria allows case-by-case interpretation, ensuring flexibility but creating inconsistency.
Financial status, market expectations, and fault degree influence the court’s discretionary decisions.
Keywords: Penalty, Discretionary Power, Civil Code, Contractual Balance, Judicial Practic
Iraq's Fragmentation and Its Impact on Global Diplomacy: Fragmentasi Irak dan Dampaknya terhadap Diplomasi Global
No full textThis study explores how Iraq's internal sectarian and ethnic divisions influence its foreign policy and diplomatic relationships. Focusing on the power dynamics among Shia, Sunni, and Kurdish factions, the research employs qualitative analysis to reveal that these internal conflicts significantly shape Iraq’s regional and global engagements. The findings highlight the critical role of domestic political fragmentation in determining the country's foreign policy direction, underscoring the importance of understanding these internal dynamics for international diplomacy and policy-making.
Highlights:
Internal Politics: Iraq's foreign policy is heavily influenced by the interplay of sectarian and ethnic divisions among Shia, Sunni, and Kurdish factions.
Diplomatic Challenges: These internal conflicts shape Iraq's diplomatic engagements, affecting its relations with neighboring countries and global powers.
Policy Implications: Understanding the impact of domestic fragmentation is essential for international diplomacy and strategic foreign policy formulation.
Keywords: Foreign Policy, Internal Divisions, Sectarian Conflict, Diplomatic Relations, Political Faction
Examining the Role of Indonesia's Constitutional Court as a Positive Legislator: Menelaah Peran Mahkamah Konstitusi Indonesia sebagai Legislator Positif
No full textThe judicial review process is pivotal in democratic governance, ensuring laws align with constitutional mandates. Constitutional Court Decision Number 90/PUU-XXI/2023, addressing amendments to Article 169, letter q of Law Number 7 of 2017 on Elections, has generated significant legal discourse. This study aims to analyze the legal dynamics within this judicial review, employing a descriptive-analytical methodology with a comparative approach. This involves comparing legal systems across different countries to understand the Constitutional Court's controversial role. Traditionally, the court's authority lies in acting as a negative legislator; however, in this case, it has taken on a role akin to a positive legislator, creating potential conflicts with the legislative body. The findings indicate a debate over the court's authority to add norms, revealing a fundamental tension between the judiciary and legislative functions. This decision introduces new legal implications, highlighting the necessity for further analysis to ensure the realization of substantial democracy. The study fills a knowledge gap by providing a comprehensive analysis of the court's expanded role, proposing solutive mechanisms to address the emerging legal challenges and maintain a balanced power dynamic between the judiciary and the legislature. This research underscores the importance of clear delineation of judicial and legislative responsibilities to uphold democratic principles.
Highlights:
The court's controversial role in amending election law norms.
Debates over the court's authority and legislative implications.
Need for solutions to maintain democracy and balance of power.
Keywords: Judicial Review, Positive Legislator, Constitutional Court, Legal Authority, Democrac
Role of Central Bank of Iraq in Combating Money Laundering
No full textThe Central Bank of Iraq (CBI) plays a pivotal role in addressing money laundering, a critical issue for global financial stability. With the enactment of the Iraqi Anti-Money Laundering and Counter-Terrorist Financing Law No. 39 of 2015, the CBI has taken significant steps to mitigate the risks associated with money laundering. The research aims to delineate the measures implemented by the CBI, including the establishment of the Money Laundering Office and the development of strict supervisory mechanisms. Findings suggest that despite the comprehensive legislative framework, challenges such as political instability and lack of transparency continue to undermine efforts. The CBI's involvement in rigorous supervision and the adoption of international cooperation are crucial to curbing money laundering practices. This study underscores the necessity for enhanced regulatory frameworks and continuous monitoring to effectively combat these financial crimes.Highlights:
The Central Bank of Iraq has established significant legal and supervisory frameworks to combat money laundering, as highlighted by Law No. 39 of 2015.
Despite robust legal measures, ongoing political and economic instability poses challenges to the effective enforcement of anti-money laundering regulations.
International cooperation and stringent supervision are critical to enhancing the efficacy of anti-money laundering efforts in Iraq.
Keywords: Central Bank of Iraq, money laundering, legislation, supervision, financial stability
 
Legal Analysis of CSR Practices on Community Welfare in the Textile Industry: Analisis Hukum Praktik CSR terhadap Kesejahteraan Masyarakat di Industri Tekstil
No full textGeneral Background: Corporate Social Responsibility (CSR) is integral to sustainable economic development and improving community welfare through responsible corporate engagement with stakeholders and the environment. Specific Background: The application of CSR varies significantly across different industrial sectors, influenced by local regulations and company-specific challenges. Knowledge Gap: Comprehensive analysis on the legal aspects and practical implications of CSR in specific industries, such as textile manufacturing, remains limited. Aims: This study aims to evaluate the legal frameworks governing CSR and their impact on community welfare within the textile industry. Results: Findings reveal effective integration of CSR, with a focus on education, health, and environmental sustainability, aligning with legal standards of transparency and accountability. Novelty: The research provides a focused analysis on legal CSR mandates within the textile sector, highlighting specific corporate practices and compliance. Implications: The study highlights the necessity of aligning corporate strategies with legal and ethical standards to enhance social and environmental wellbeing, suggesting more equitable CSR implementation across industries.
Highlights:
Legal Compliance: Adherence to CSR laws ensuring transparency and accountability.
Community Impact: Effectiveness of CSR in improving local welfare, especially in education and health.
Sustainability Practices: Integration of environmental sustainability in corporate strategies.
Keywords: Corporate Social Responsibility, Community Welfare, Transparency, Accountabilit
COVID-19 Crisis and the State of Emergency: Analyzing Impacts, Paradoxes, and Recommendations
No full textThis scientific article examines the exceptional situation that emerged during the COVID-19 pandemic and the subsequent imposition of states of emergency, which raised concerns about potential abuses of power by governments. Employing analytical and comparative approaches, the research explores the connection between the pandemic and its effects on human rights and freedoms, particularly regarding movement and assembly restrictions. The study highlights the diverse implementation of states of emergency across countries during the crisis. The findings reveal international gaps in preparedness, the violation of human rights, and the potential exploitation of emergencies for other purposes. Recommendations include enhancing international cooperation, reevaluating intellectual property rights related to combating epidemics, establishing a global health cooperation fund, setting reasonable limits for emergency measures, and implementing internal monitoring committees to ensure the proportionality of restrictions. These insights have significant implications for global health security, human rights protection, and international collaboration in response to future health emergencies.Highlights:
Impact of state of emergency: Examining the repercussions of COVID-19 pandemic emergency measures on human rights.
Global health challenges: Assessing health system effectiveness in confronting COVID-19 and its impact on human rights.
Recommendations for action: Proposing measures for international cooperation, intellectual property rights reconsideration, establishing a health cooperation fund, setting reasonable emergency limits, and implementing monitoring committees.
Keywords: COVID-19, state of emergency, human rights, global health, recommendations.