Pub Date : 2023-05-31DOI: 10.15294/lesrev.v7i1.60004
Rizaldy Anggriawan, M. Susila, Ming-Hsi Sung, Dwilani Irrynta
Ponzi scheme is one of the most common types of fraud perpetrated by con artists. The reason for this is that the mode is relatively easy to conceal. In this regard, criminal law plays a significant role in countering fraudulent practices. It serves as an initial warning to individuals who intend to engage in such behavior that they may face harsh penalties if they do so. The study aims to compare and analyze the Ponzi and pyramid schemes in the framework of criminal law enforcement. It also thoroughly investigates the criminal rules and their application to specific cases associated with Ponzi and pyramid schemes in Indonesia. This normative or doctrinal legal research employs statutory, conceptual, and case approach. The study reveals that there is some confusion in the community as well as the legal enforcement officers on the practice of Ponzi and pyramid schemes. As a result of this discrepancy, law enforcement officers may be incorrect in ensnaring an allegation against the offenders, or they may even consider that offenders are innocent. It is also exacerbated by the lack of a single rule that particularly governs the issue of Ponzi schemes, which may result in a legal vacuum. This circumstance might therefore be used by irresponsible persons to create such business companies that use Ponzi schemes and conceal their actions with crypto investment or robot trading software, as recently occurred in Indonesia.
{"title":"The Rising Tide of Financial Crime: A Ponzi Scheme Case Analysis","authors":"Rizaldy Anggriawan, M. Susila, Ming-Hsi Sung, Dwilani Irrynta","doi":"10.15294/lesrev.v7i1.60004","DOIUrl":"https://doi.org/10.15294/lesrev.v7i1.60004","url":null,"abstract":"Ponzi scheme is one of the most common types of fraud perpetrated by con artists. The reason for this is that the mode is relatively easy to conceal. In this regard, criminal law plays a significant role in countering fraudulent practices. It serves as an initial warning to individuals who intend to engage in such behavior that they may face harsh penalties if they do so. The study aims to compare and analyze the Ponzi and pyramid schemes in the framework of criminal law enforcement. It also thoroughly investigates the criminal rules and their application to specific cases associated with Ponzi and pyramid schemes in Indonesia. This normative or doctrinal legal research employs statutory, conceptual, and case approach. The study reveals that there is some confusion in the community as well as the legal enforcement officers on the practice of Ponzi and pyramid schemes. As a result of this discrepancy, law enforcement officers may be incorrect in ensnaring an allegation against the offenders, or they may even consider that offenders are innocent. It is also exacerbated by the lack of a single rule that particularly governs the issue of Ponzi schemes, which may result in a legal vacuum. This circumstance might therefore be used by irresponsible persons to create such business companies that use Ponzi schemes and conceal their actions with crypto investment or robot trading software, as recently occurred in Indonesia.","PeriodicalId":292299,"journal":{"name":"Lex Scientia Law Review","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133726906","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-31DOI: 10.15294/lesrev.v7i1.66126
D. Sunyowati, Pradnya Paramitha Putri Ariadhi, Mochamad Kevin Romadhona, Alaa Basil Baqer Alfadhel
The boundaries of the sea area between one country's territory affect the sovereignty in the sea territory of another country. Indonesian Sea borders several countries, both in the EEZ and on the continental shelf. However, Indonesia has not yet finalized the determination of its maritime border with Timor Leste. The undetermined maritime boundary between Indonesia and Timor Leste affects the sovereignty of Timor Leste and affects Indonesia's space for movement. The purpose of this study is to find out the provisions and principles of determining maritime boundaries between the countries of Indonesia and Timor Leste. The method in this research is normative research with a statutory approach, a case approach, and a conceptual approach. The results of this study indicate that the Government of the Republic of Indonesia in determining territorial boundaries negotiates to determine how to draw maritime boundaries between the two countries by applying equitable principles. The process of negotiating maritime boundaries between Indonesia and Timor Leste with equitable principles can be a solution thus maritime boundaries between the two countries are immediately agreed upon
{"title":"Indonesia-Timor Leste Maritime Boundaries on Exclusive Economic Zone: Equitable Principle","authors":"D. Sunyowati, Pradnya Paramitha Putri Ariadhi, Mochamad Kevin Romadhona, Alaa Basil Baqer Alfadhel","doi":"10.15294/lesrev.v7i1.66126","DOIUrl":"https://doi.org/10.15294/lesrev.v7i1.66126","url":null,"abstract":"The boundaries of the sea area between one country's territory affect the sovereignty in the sea territory of another country. Indonesian Sea borders several countries, both in the EEZ and on the continental shelf. However, Indonesia has not yet finalized the determination of its maritime border with Timor Leste. The undetermined maritime boundary between Indonesia and Timor Leste affects the sovereignty of Timor Leste and affects Indonesia's space for movement. The purpose of this study is to find out the provisions and principles of determining maritime boundaries between the countries of Indonesia and Timor Leste. The method in this research is normative research with a statutory approach, a case approach, and a conceptual approach. The results of this study indicate that the Government of the Republic of Indonesia in determining territorial boundaries negotiates to determine how to draw maritime boundaries between the two countries by applying equitable principles. The process of negotiating maritime boundaries between Indonesia and Timor Leste with equitable principles can be a solution thus maritime boundaries between the two countries are immediately agreed upon","PeriodicalId":292299,"journal":{"name":"Lex Scientia Law Review","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129025072","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-30DOI: 10.15294/lesrev.v7i1.64143
Rian Saputra, M. Zaid, Pujiyono Suwadi, J. Barkhuizen, Tiara Tiolince
This study aims to reconstruct the ideal setting in the implementation of chemical castration sanctions in Indonesia based on the medical code of ethics. This research is a normative legal research, the approach used is a case approach, comparative approach and a conceptual approach, with a literature study research technique. The granting of the authority to execute chemical castration by a doctor is contrary to the principles contained in the medical code of ethics, including: First, it contradicts the principle of autonomy at the level of implementation of the principle of Autonomy which is applied in the form of the principle of "informed consent" where in carrying out his duties a doctor must first choose approval from the family and the patient for all actions that result in a decrease in the patient's physical endurance. Second, it is against the principle of non-maleficence, which prohibits actions that harm or worsen the patient's condition. Third, it is against the principle of beneficence. The rules regarding the implementation of chemical castration for perpetrators of sexual crimes against children can actually be followed by referring to the provisions for the implementation of chemical castration in Russia and South Korea, both countries whose medical profession will only serve as an advisory opinion for law enforcers who have been given special competency training.
{"title":"Reconstruction of Chemical Castration Sanctions Implementation Based on the Medical Ethics Code (Comparison with Russia and South Korea)","authors":"Rian Saputra, M. Zaid, Pujiyono Suwadi, J. Barkhuizen, Tiara Tiolince","doi":"10.15294/lesrev.v7i1.64143","DOIUrl":"https://doi.org/10.15294/lesrev.v7i1.64143","url":null,"abstract":"This study aims to reconstruct the ideal setting in the implementation of chemical castration sanctions in Indonesia based on the medical code of ethics. This research is a normative legal research, the approach used is a case approach, comparative approach and a conceptual approach, with a literature study research technique. The granting of the authority to execute chemical castration by a doctor is contrary to the principles contained in the medical code of ethics, including: First, it contradicts the principle of autonomy at the level of implementation of the principle of Autonomy which is applied in the form of the principle of \"informed consent\" where in carrying out his duties a doctor must first choose approval from the family and the patient for all actions that result in a decrease in the patient's physical endurance. Second, it is against the principle of non-maleficence, which prohibits actions that harm or worsen the patient's condition. Third, it is against the principle of beneficence. The rules regarding the implementation of chemical castration for perpetrators of sexual crimes against children can actually be followed by referring to the provisions for the implementation of chemical castration in Russia and South Korea, both countries whose medical profession will only serve as an advisory opinion for law enforcers who have been given special competency training.","PeriodicalId":292299,"journal":{"name":"Lex Scientia Law Review","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126513665","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-30DOI: 10.15294/lesrev.v7i1.60074
J. Ginting, P. Talbot
Since the Bali Bombing I and Bali Bombing II Tragedy, the seriousness of combating international terrorism have become increasingly apparent. Each member of ASEAN hand in hand together enforces both international cooperation and bilateral cooperation to prevent and counteract, through appropriate domestic measures, the financing of terrorists and terrorist organizations, whether such financing is direct or indirect through organizations. International community efforts to combat terrorism activities, not only comprise the criminalization of terrorists the act criminalization financing of terrorism, and the criminalization of terrorist financing. Since that moment, the topic of money laundering is an inherent element of organized crime, with its strong linkage to terrorism, has found and always will find new methods to satisfy the also new necessities for financing terrorism. ASEAN already make a policy about terrorism which is the convention on counter-terrorist called ASEAN Convention on Counter-Terrorism (ACCT). The convention of ACCT, in article 6 Areas of Cooperation, ASEAN emphasizes the prevention of giving the fund to the terrorist group. Indonesia had given responses to financing terrorism by ratifying The International Convention for the Suppression of the Financing of Terrorism, 1999, and subsequently with the enacted Law Number 6 Year 2006 and also enacted the new Prevention and Eradication Money Laundering Offence, Law Number 8 of 2010.
{"title":"Fundraising Aspect of International Terrorism Organization in ASEAN: Legal and Political Aspects","authors":"J. Ginting, P. Talbot","doi":"10.15294/lesrev.v7i1.60074","DOIUrl":"https://doi.org/10.15294/lesrev.v7i1.60074","url":null,"abstract":"Since the Bali Bombing I and Bali Bombing II Tragedy, the seriousness of combating international terrorism have become increasingly apparent. Each member of ASEAN hand in hand together enforces both international cooperation and bilateral cooperation to prevent and counteract, through appropriate domestic measures, the financing of terrorists and terrorist organizations, whether such financing is direct or indirect through organizations. International community efforts to combat terrorism activities, not only comprise the criminalization of terrorists the act criminalization financing of terrorism, and the criminalization of terrorist financing. Since that moment, the topic of money laundering is an inherent element of organized crime, with its strong linkage to terrorism, has found and always will find new methods to satisfy the also new necessities for financing terrorism. ASEAN already make a policy about terrorism which is the convention on counter-terrorist called ASEAN Convention on Counter-Terrorism (ACCT). The convention of ACCT, in article 6 Areas of Cooperation, ASEAN emphasizes the prevention of giving the fund to the terrorist group. Indonesia had given responses to financing terrorism by ratifying The International Convention for the Suppression of the Financing of Terrorism, 1999, and subsequently with the enacted Law Number 6 Year 2006 and also enacted the new Prevention and Eradication Money Laundering Offence, Law Number 8 of 2010.","PeriodicalId":292299,"journal":{"name":"Lex Scientia Law Review","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121731877","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-30DOI: 10.15294/lesrev.v7i1.67558
A. Angkasa, Filep Wamafma, Ogiandhafiz Juanda, B. P. Nunna
The phenomenon of online loans in Indonesia is becoming increasingly prevalent, accompanied by the proliferation of online loan provider services. However, this growth has also led to numerous instances of fraudulent practices within the online lending sector. This study aims to analyze the effectiveness of law enforcement and victim protection in cases of illegal online lending in Indonesia by comparing relevant laws and regulations. The findings of this study reveal that illegal online loans have severe consequences, resulting in victims suffering from material loss, psychological distress, physical harm, and social ramifications. Unfortunately, the current state of law enforcement falls short of delivering justice to the victims, as evidenced by the leniency of sentences imposed on offenders.
{"title":"Illegal Online Loans in Indonesia: Between the Law Enforcement and Protection of Victim","authors":"A. Angkasa, Filep Wamafma, Ogiandhafiz Juanda, B. P. Nunna","doi":"10.15294/lesrev.v7i1.67558","DOIUrl":"https://doi.org/10.15294/lesrev.v7i1.67558","url":null,"abstract":"The phenomenon of online loans in Indonesia is becoming increasingly prevalent, accompanied by the proliferation of online loan provider services. However, this growth has also led to numerous instances of fraudulent practices within the online lending sector. This study aims to analyze the effectiveness of law enforcement and victim protection in cases of illegal online lending in Indonesia by comparing relevant laws and regulations. The findings of this study reveal that illegal online loans have severe consequences, resulting in victims suffering from material loss, psychological distress, physical harm, and social ramifications. Unfortunately, the current state of law enforcement falls short of delivering justice to the victims, as evidenced by the leniency of sentences imposed on offenders.","PeriodicalId":292299,"journal":{"name":"Lex Scientia Law Review","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128340418","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-30DOI: 10.15294/lesrev.v7i1.61763
Mellisa Towadi, Zamroni Abdussamad, A. Bajrektarević, Lisnawaty W Badu, Waode Mustika
This article aims to describe the application of the concept of neutrality law in the current era with the contamination of digitalization. The main problem refers to the intervention of third countries or neutral states in the Russian conflict v. Ukraine, then questioned the existence of neutrality law in the era of digitalization. The method used is a normative juridical method with a statute approach analyzed qualitatively and descriptively. The results show that validity is needed in determining the attitude of third countries or neutral states that intervene with belligerents (Russia/Ukraine). The determination of the validity is based on the scale of the intervention provided by the third country. Validity refers to the 1907 Hague Convention and the UN Charter, which generally outlines violations of territorial sovereignty and international law. So, in conclusion, the concept of open access, broad and immeasurable digitalization, cannot be avoided in the conflict between Russia and Ukraine. This does not necessarily become a justification because the essence of the principle of neutrality and intervention is very different; the two cannot be combined unless a violation of international law indicates one. So basically, neutrality law can no longer be the primary regulation to control the attitude of a neutral state but requires new norms that shape the attitude of a neutral state so that it can be used as international customary law.
{"title":"Neutrality Law in the Age of Digitalization: An Analysis of the Russia-Ukraine Conflict","authors":"Mellisa Towadi, Zamroni Abdussamad, A. Bajrektarević, Lisnawaty W Badu, Waode Mustika","doi":"10.15294/lesrev.v7i1.61763","DOIUrl":"https://doi.org/10.15294/lesrev.v7i1.61763","url":null,"abstract":"This article aims to describe the application of the concept of neutrality law in the current era with the contamination of digitalization. The main problem refers to the intervention of third countries or neutral states in the Russian conflict v. Ukraine, then questioned the existence of neutrality law in the era of digitalization. The method used is a normative juridical method with a statute approach analyzed qualitatively and descriptively. The results show that validity is needed in determining the attitude of third countries or neutral states that intervene with belligerents (Russia/Ukraine). The determination of the validity is based on the scale of the intervention provided by the third country. Validity refers to the 1907 Hague Convention and the UN Charter, which generally outlines violations of territorial sovereignty and international law. So, in conclusion, the concept of open access, broad and immeasurable digitalization, cannot be avoided in the conflict between Russia and Ukraine. This does not necessarily become a justification because the essence of the principle of neutrality and intervention is very different; the two cannot be combined unless a violation of international law indicates one. So basically, neutrality law can no longer be the primary regulation to control the attitude of a neutral state but requires new norms that shape the attitude of a neutral state so that it can be used as international customary law.","PeriodicalId":292299,"journal":{"name":"Lex Scientia Law Review","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124686211","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-30DOI: 10.15294/lesrev.v7i1.64664
L. P. M. K. Putri, Miriam Imarhiagbe, I. M. C. Mandira, E. Withnall, Putu Yasodhara Sthita Brahmani Duarsa
This research seeks to examine the compatibility of the Indonesian minimum capital requirement for foreign direct investment companies (FDI) with the national treatment obligation under international investment agreements (IIAs). The requirement is compared with investment requirements under Australian and Austrian Law. This research combines the normative legal research method with law and economics by conducting cost and benefit analysis (CBA). The national treatment protects foreign investors from less favorable treatment against domestic investors. The minimum capital requirement is contrary to national treatment because it is only applicable to FDI companies. However, not every IIA involving Indonesia provide a national treatment clause. To determine violation, the two-tier test must be conducted by analyzing the scope of the obligation and applicable exception. Some IIAs provide exceptions where a state can give different treatment to foreign investors for the sake of public interest. Indonesia justifies this requirement because it gives several benefits namely preventing foreign investors from controlling vital sectors, protecting MSMEs from unfair competition, and ensuring liquidity. Nevertheless, the benefits cannot be achieved due to weak supervision. The requirement can be easily circumvented through nominee agreements. Based on CBA, the requirement creates more harm than good. It is promiscuously applied to all business fields and is more burdensome compared to investment requirements in Australia and Austria. The solution proposed is either improving supervision or adjusting the requirement to be more consistent with the national treatment. The government can also protect national interests by empowering MSMEs and using more relevant criteria.
{"title":"Comparative Analysis of Indonesia’s Minimum Capital Requirements for Foreign Direct Investment","authors":"L. P. M. K. Putri, Miriam Imarhiagbe, I. M. C. Mandira, E. Withnall, Putu Yasodhara Sthita Brahmani Duarsa","doi":"10.15294/lesrev.v7i1.64664","DOIUrl":"https://doi.org/10.15294/lesrev.v7i1.64664","url":null,"abstract":"This research seeks to examine the compatibility of the Indonesian minimum capital requirement for foreign direct investment companies (FDI) with the national treatment obligation under international investment agreements (IIAs). The requirement is compared with investment requirements under Australian and Austrian Law. This research combines the normative legal research method with law and economics by conducting cost and benefit analysis (CBA). The national treatment protects foreign investors from less favorable treatment against domestic investors. The minimum capital requirement is contrary to national treatment because it is only applicable to FDI companies. However, not every IIA involving Indonesia provide a national treatment clause. To determine violation, the two-tier test must be conducted by analyzing the scope of the obligation and applicable exception. Some IIAs provide exceptions where a state can give different treatment to foreign investors for the sake of public interest. Indonesia justifies this requirement because it gives several benefits namely preventing foreign investors from controlling vital sectors, protecting MSMEs from unfair competition, and ensuring liquidity. Nevertheless, the benefits cannot be achieved due to weak supervision. The requirement can be easily circumvented through nominee agreements. Based on CBA, the requirement creates more harm than good. It is promiscuously applied to all business fields and is more burdensome compared to investment requirements in Australia and Austria. The solution proposed is either improving supervision or adjusting the requirement to be more consistent with the national treatment. The government can also protect national interests by empowering MSMEs and using more relevant criteria.","PeriodicalId":292299,"journal":{"name":"Lex Scientia Law Review","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133389821","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-20DOI: 10.15294/lesrev.v6i2.58320
Rasdi Rasdi, Pujiyono Pujiyono, Nur Rochaeti, Rehulina Rehulina
The writing of this paper aims to examine the policy of the criminal justice system for children in conflict with the law and reformulation of the criminal justice system for children in conflict with the Pancasila justice. The main problem in writing this paper is that why it is considered important to reform the criminal justice system for children in conflict with the law based on Pancasila justice? This study uses secondary data by analyzing the laws of the juvenile justice system in Indonesia and comparing them to the laws and regulations regarding the juvenile justice system in Greece and Yoslavia. The results of the study found that the age requirement for criminal responsibility for children is too low, namely 12 (twelve) years and the terms of diversion, that the threat of criminal acts that can be carried out by diversion and not repetition of criminal acts is not in line with the aim of diversion, namely to prosper and achieve the best interests of children such as recommended by the Convention on the Right of the Child and The Beijing Rules. Therefore, it is important to reformulate/reformulate immediately regarding these diversion requirements. The conclusion of this paper emphasizes the importance of reformulating the criminal justice system for children in conflict with the law (the criminal child) based on Pancasila justice.
{"title":"Reformulation of the Criminal Justice System for Children in Conflict Based on Pancasila Justice","authors":"Rasdi Rasdi, Pujiyono Pujiyono, Nur Rochaeti, Rehulina Rehulina","doi":"10.15294/lesrev.v6i2.58320","DOIUrl":"https://doi.org/10.15294/lesrev.v6i2.58320","url":null,"abstract":"The writing of this paper aims to examine the policy of the criminal justice system for children in conflict with the law and reformulation of the criminal justice system for children in conflict with the Pancasila justice. The main problem in writing this paper is that why it is considered important to reform the criminal justice system for children in conflict with the law based on Pancasila justice? This study uses secondary data by analyzing the laws of the juvenile justice system in Indonesia and comparing them to the laws and regulations regarding the juvenile justice system in Greece and Yoslavia. The results of the study found that the age requirement for criminal responsibility for children is too low, namely 12 (twelve) years and the terms of diversion, that the threat of criminal acts that can be carried out by diversion and not repetition of criminal acts is not in line with the aim of diversion, namely to prosper and achieve the best interests of children such as recommended by the Convention on the Right of the Child and The Beijing Rules. Therefore, it is important to reformulate/reformulate immediately regarding these diversion requirements. The conclusion of this paper emphasizes the importance of reformulating the criminal justice system for children in conflict with the law (the criminal child) based on Pancasila justice.","PeriodicalId":292299,"journal":{"name":"Lex Scientia Law Review","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129398378","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-20DOI: 10.15294/lesrev.v6i1.54437
Robert B. Smith, N. Smith
After a long period of instability, Nepal adopted a new Constitution in 2015, creating a multiparty federal republic. Previously Nepal had been a unitary state, albeit with a long period of political instability and insurgencies. In 2017 the two competing communist parties merged to form the ruling Nepal Communist Party (NCP), which operated with a 2/3rd majority in the House of Representatives. The implementation of federalism has been slow and uneven. Despite assurances to the contrary, the government’s response to the COVID-19 pandemic has been lacking, with Constitutional obligations ignored. The machinations of the then Prime Minister have exacerbated this, apparently supported by the President to overcome constitutional norms to keep the Prime Minister in power. The paper analyses the devolution of powers to the provincial and local levels described in the constitution. There have been successes and failures. There appeared to be a concerted effort from the federal parliament and some in the bureaucracy to continue to centralize power. This early inaction has hindered its response to the pandemic. Of even more concern is the then prime minister's role as he sought to maintain his hold on power by ignoring the provisions of the Constitution.
{"title":"Implementation of Federalism in Nepal: The Devil is in the Detail","authors":"Robert B. Smith, N. Smith","doi":"10.15294/lesrev.v6i1.54437","DOIUrl":"https://doi.org/10.15294/lesrev.v6i1.54437","url":null,"abstract":"After a long period of instability, Nepal adopted a new Constitution in 2015, creating a multiparty federal republic. Previously Nepal had been a unitary state, albeit with a long period of political instability and insurgencies. In 2017 the two competing communist parties merged to form the ruling Nepal Communist Party (NCP), which operated with a 2/3rd majority in the House of Representatives. The implementation of federalism has been slow and uneven. Despite assurances to the contrary, the government’s response to the COVID-19 pandemic has been lacking, with Constitutional obligations ignored. The machinations of the then Prime Minister have exacerbated this, apparently supported by the President to overcome constitutional norms to keep the Prime Minister in power. The paper analyses the devolution of powers to the provincial and local levels described in the constitution. There have been successes and failures. There appeared to be a concerted effort from the federal parliament and some in the bureaucracy to continue to centralize power. This early inaction has hindered its response to the pandemic. Of even more concern is the then prime minister's role as he sought to maintain his hold on power by ignoring the provisions of the Constitution. ","PeriodicalId":292299,"journal":{"name":"Lex Scientia Law Review","volume":"270 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123364207","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-20DOI: 10.15294/lesrev.v6i2.55011
Suwinto Johan, Amad Sudiro, A. Gunadi, Y. Luo
The law's objective is to uphold the principle of justice. Contractual debts, interest-bearing debts, unsecured debts, and debts with payment terms are all included in restructuring plans. All debts must be accompanied by a contract. If the business defaults, the contract serves as proof of debt. This research focuses on Indonesia's bankruptcy law. This study employs an empirical qualitative legal method. The study recommends categorizing debt according to its source, duration, function, and collateral. Debts classified as restructuring must waive their collateral rights. This debt grouping is consistent with finance's capital structure theory. This research will revolutionize the current concept of debt restructuring. The study will serve as a resource for all business actors who have documented debt. Debt is uncommon in developing countries such as Indonesia. Entrepreneurs in developing countries have established business relationships based on mutual trust. The study's limitation is that it does not take industry type into account. Additionally, this research has implications for a firm's total cost of capital as a result of changes in the risk model and creditor roles, particularly in developing countries. This study proposes a system of debt classification based on principles of justice and equity. This classification is made not only on the basis of the guarantee's type, but also on the basis of the agreement's duration and financial principles. The purpose of this study is to examine bankruptcy law in developing countries. Knowledge of bankruptcy law will add value to investors and banks on a global scale.
{"title":"Rethinking Indebtedness according to the Principles of Justice and Equality","authors":"Suwinto Johan, Amad Sudiro, A. Gunadi, Y. Luo","doi":"10.15294/lesrev.v6i2.55011","DOIUrl":"https://doi.org/10.15294/lesrev.v6i2.55011","url":null,"abstract":"The law's objective is to uphold the principle of justice. Contractual debts, interest-bearing debts, unsecured debts, and debts with payment terms are all included in restructuring plans. All debts must be accompanied by a contract. If the business defaults, the contract serves as proof of debt. This research focuses on Indonesia's bankruptcy law. This study employs an empirical qualitative legal method. The study recommends categorizing debt according to its source, duration, function, and collateral. Debts classified as restructuring must waive their collateral rights. This debt grouping is consistent with finance's capital structure theory. This research will revolutionize the current concept of debt restructuring. The study will serve as a resource for all business actors who have documented debt. Debt is uncommon in developing countries such as Indonesia. Entrepreneurs in developing countries have established business relationships based on mutual trust. The study's limitation is that it does not take industry type into account. Additionally, this research has implications for a firm's total cost of capital as a result of changes in the risk model and creditor roles, particularly in developing countries. This study proposes a system of debt classification based on principles of justice and equity. This classification is made not only on the basis of the guarantee's type, but also on the basis of the agreement's duration and financial principles. The purpose of this study is to examine bankruptcy law in developing countries. Knowledge of bankruptcy law will add value to investors and banks on a global scale.","PeriodicalId":292299,"journal":{"name":"Lex Scientia Law Review","volume":"61 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130015813","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：