Pub Date : 2023-09-01DOI: 10.20473/ydk.v38i3.48345
Rofi Wahanisa, Benny Riyanto, S. E. Adiyatma, U. Nnawulezi, Muhammad Abdul Rouf, Eka Adiyatma, Muhammad Abdul
Comparing the disclosure of public information regarding the dissemination and publication to the public of newly enacted rules, setting Indonesia and the Netherlands as parameters is interesting as the legal cultures of both countries are intertwined and legal perspectives are constantly evolving. Despite differences in the rule of law, both countries have similar regulatory frameworks. This research uses a normative juridical writing method with a literature study to analyze the relationship between good governance and public information disclosure, including definitions, indicators, objectives, and important factors that influence the concept. The aim is to serve as a comparison parameter for a more efficient information disclosure mechanism. In Indonesia, the role of DPRDs is closely related to the issue of public information disclosure, as DPRDs have a dominant role in authority. Meanwhile, in the Netherlands, the local government takes the lead in setting regulations. Nonetheless, both countries emphasize the importance of checks and balances through the establishment of RvD and KIP, to oversee and integrate the aspirations of the community. The results of this study suggest that public information disclosure is important in both Indonesia and the Netherlands, as demonstrated by regulations that prioritize transparency, accountability, public participation, responsiveness, and the rule of law in governance. This commitment to openness aims to bridge the gap between public expectations and government actions. And in conclusion, the harmony between the process of forming regulations involving the DPRD as a representative of the people's voice and information disclosure is interrelated in public services towards the achievement of good governance.
{"title":"Achieving Public Information Transparency in The Dissemination of Local Regulations","authors":"Rofi Wahanisa, Benny Riyanto, S. E. Adiyatma, U. Nnawulezi, Muhammad Abdul Rouf, Eka Adiyatma, Muhammad Abdul","doi":"10.20473/ydk.v38i3.48345","DOIUrl":"https://doi.org/10.20473/ydk.v38i3.48345","url":null,"abstract":"Comparing the disclosure of public information regarding the dissemination and publication to the public of newly enacted rules, setting Indonesia and the Netherlands as parameters is interesting as the legal cultures of both countries are intertwined and legal perspectives are constantly evolving. Despite differences in the rule of law, both countries have similar regulatory frameworks. This research uses a normative juridical writing method with a literature study to analyze the relationship between good governance and public information disclosure, including definitions, indicators, objectives, and important factors that influence the concept. The aim is to serve as a comparison parameter for a more efficient information disclosure mechanism. In Indonesia, the role of DPRDs is closely related to the issue of public information disclosure, as DPRDs have a dominant role in authority. Meanwhile, in the Netherlands, the local government takes the lead in setting regulations. Nonetheless, both countries emphasize the importance of checks and balances through the establishment of RvD and KIP, to oversee and integrate the aspirations of the community. The results of this study suggest that public information disclosure is important in both Indonesia and the Netherlands, as demonstrated by regulations that prioritize transparency, accountability, public participation, responsiveness, and the rule of law in governance. This commitment to openness aims to bridge the gap between public expectations and government actions. And in conclusion, the harmony between the process of forming regulations involving the DPRD as a representative of the people's voice and information disclosure is interrelated in public services towards the achievement of good governance.","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":"63 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139345039","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 : 2023-09-01DOI: 10.20473/ydk.v38i3.51218
Abdullah Abdulrahman Al-Subhi
Amid the crises and security, economic, and social challenges facing humanity today, the judiciary is considered a safety valve in the area of crime prevention, achieving security and stability, reassurance, and prosperity. A human's right to achieve and establish justice can only be realized through the existence of judicial institutions, as justice and judiciary are intertwined - there can be no justice without judiciary, and no judiciary without justice. If justice is lost, the judiciary loses its importance, power, and people will no longer trust it or view it to obtain their rights. Therefore, this paper comes in this conference to shed light on the most prominent pillars for achieving justice in the Saudi judiciary as a human right, and the adequacy of these pillars. My study will rely on the descriptive research method for its suitability in analyzing the provisions and regulations governing the Saudi judiciary, and to derive theoretical and practical conclusions in this context.
{"title":"The Right of The Human to Achieve Justice in the Saudi Judiciary","authors":"Abdullah Abdulrahman Al-Subhi","doi":"10.20473/ydk.v38i3.51218","DOIUrl":"https://doi.org/10.20473/ydk.v38i3.51218","url":null,"abstract":"Amid the crises and security, economic, and social challenges facing humanity today, the judiciary is considered a safety valve in the area of crime prevention, achieving security and stability, reassurance, and prosperity. A human's right to achieve and establish justice can only be realized through the existence of judicial institutions, as justice and judiciary are intertwined - there can be no justice without judiciary, and no judiciary without justice. If justice is lost, the judiciary loses its importance, power, and people will no longer trust it or view it to obtain their rights. Therefore, this paper comes in this conference to shed light on the most prominent pillars for achieving justice in the Saudi judiciary as a human right, and the adequacy of these pillars. My study will rely on the descriptive research method for its suitability in analyzing the provisions and regulations governing the Saudi judiciary, and to derive theoretical and practical conclusions in this context.","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":"95 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139346807","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 : 2023-09-01DOI: 10.20473/ydk.v38i3.45734
R. Lestarini
Every Indonesian child has the right to a proper education, including pregnant students. In reality, solving the problem of pregnant students often ends with the dismissal of the children from school either directly or by resignation. Instead of providing protection, the school sanctions children who are considered to damage the image of the school as a moral educational institution, actually the school has neglected their basic rights, namely proper education guaranteed by the state through the constitution and laws related to education. Therefore, the purpose of this paper is to explain the above problems studied from the perspective of child protection on the basis of the principle of the best interests of the child. The method used in this research is the socio-legal method, which analyzes the implementation of education policy. The results of this study indicate that there are no guidelines for resolving cases of students who become pregnant during their study period. The settlement is left to the school, which usually ends with a decision from the school to expel the student on the basis of educational morals and school image. This is contrary to the guarantee of the right to education for every Indonesian citizen child as mandated in education law, especially regarding the 12-year compulsory education policy.
{"title":"Should I Drop Out of School? A Study of the Right to Education For Pregnant Students","authors":"R. Lestarini","doi":"10.20473/ydk.v38i3.45734","DOIUrl":"https://doi.org/10.20473/ydk.v38i3.45734","url":null,"abstract":"Every Indonesian child has the right to a proper education, including pregnant students. In reality, solving the problem of pregnant students often ends with the dismissal of the children from school either directly or by resignation. Instead of providing protection, the school sanctions children who are considered to damage the image of the school as a moral educational institution, actually the school has neglected their basic rights, namely proper education guaranteed by the state through the constitution and laws related to education. Therefore, the purpose of this paper is to explain the above problems studied from the perspective of child protection on the basis of the principle of the best interests of the child. The method used in this research is the socio-legal method, which analyzes the implementation of education policy. The results of this study indicate that there are no guidelines for resolving cases of students who become pregnant during their study period. The settlement is left to the school, which usually ends with a decision from the school to expel the student on the basis of educational morals and school image. This is contrary to the guarantee of the right to education for every Indonesian citizen child as mandated in education law, especially regarding the 12-year compulsory education policy.","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":"3 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139344353","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 : 2023-09-01DOI: 10.20473/ydk.v38i3.46104
Z. Fernando, Laily Ratna, Achmad Cholidin, B. P. Nunna, Junius Fernando, Laily Rosmanila, Achmad Ratna, Cholidin Bhanu, Prakash Nunna
Recent developments in the field of neuroimaging in the world of neuroscience, when combined with artificial intelligence and, more specifically, with the use of mechanical engineering, have resulted in the creation of brain reading technology that may soon be widely used in scientific fields in the world including detecting, for example, criminal lies. When used in forensic psychiatry, this approach can increase the precision of risk assessment and help determine areas where intervention can be most effective. Neuro prediction with artificial intelligence can be called AI. This neuroprotection is a method of predicting criminal behaviour by finding biomarkers of brain function that can indicate that someone is committing crimes in the future. Normative legal research or library legal research (library research), with a statute, conceptual, comparative, historical, or futuristic approach. The nature of the research used in this research is descriptive-prescriptive and uses content analysis. The result of this research is to dissect the development of AI Neuroprediction in forensic psychiatry and criminal justice with attention to this technology's legal and ethical implications and potential applications. In the future, AI neuroprediction may play an important role in integrating forensic psychology into the criminal justice system. Through in-depth analysis of neurological data, AI neuroprediction could assist in identifying behavioral patterns or tendencies that might influence a person's criminal propensity, thus enriching traditional forensic psychological evaluations. It may also contribute to creating more precise and personalized intervention strategies to prevent repeat crimes.
{"title":"The Role of Neuroprediction and Artificial Intelligence in the Future of Criminal Procedure Support Science: A New Era in Neuroscience and Criminal Justice","authors":"Z. Fernando, Laily Ratna, Achmad Cholidin, B. P. Nunna, Junius Fernando, Laily Rosmanila, Achmad Ratna, Cholidin Bhanu, Prakash Nunna","doi":"10.20473/ydk.v38i3.46104","DOIUrl":"https://doi.org/10.20473/ydk.v38i3.46104","url":null,"abstract":"Recent developments in the field of neuroimaging in the world of neuroscience, when combined with artificial intelligence and, more specifically, with the use of mechanical engineering, have resulted in the creation of brain reading technology that may soon be widely used in scientific fields in the world including detecting, for example, criminal lies. When used in forensic psychiatry, this approach can increase the precision of risk assessment and help determine areas where intervention can be most effective. Neuro prediction with artificial intelligence can be called AI. This neuroprotection is a method of predicting criminal behaviour by finding biomarkers of brain function that can indicate that someone is committing crimes in the future. Normative legal research or library legal research (library research), with a statute, conceptual, comparative, historical, or futuristic approach. The nature of the research used in this research is descriptive-prescriptive and uses content analysis. The result of this research is to dissect the development of AI Neuroprediction in forensic psychiatry and criminal justice with attention to this technology's legal and ethical implications and potential applications. In the future, AI neuroprediction may play an important role in integrating forensic psychology into the criminal justice system. Through in-depth analysis of neurological data, AI neuroprediction could assist in identifying behavioral patterns or tendencies that might influence a person's criminal propensity, thus enriching traditional forensic psychological evaluations. It may also contribute to creating more precise and personalized intervention strategies to prevent repeat crimes.","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":"19 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139345555","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 : 2023-09-01DOI: 10.20473/ydk.v38i3.47966
Krisna Angela, Dian Purnama Anugerah, Universitas Airlangga, Dian Purnama
Sailing dates in marine cargo insurance often change for various reasons. It is unavoidable that from the time the ship sail on a date that is not under the policy, uncertain events occur, which cause losses. On the other hand, insurance recognizes the principle of utmost good faith, which obliges the insured to disclose material facts about the insured object correctly, completely, and honestly as regulated in Article 251 WvK. It creates a blurring of norms because that rule make the parties debating whether the ship's sailing date is a material fact or not. This research uses normative legal research methods with a statute approach, conceptual approach, and case approach. This research purposed to analyze changes in sailing date as material facts and the consequences of not disclosing these changes by the insured to the insurer and the insurer to the reinsurer by analyzing Decision Number 589/Pdt.G/2012/PN.Jkt.Sel. The results of this study indicate that the change in sailing date is a material fact that must be disclosed by the insured to the insurer. When the insured does not disclose material facts, it can make a contract voidable and the insurer can be free from the obligation to pay claims. In addition, the Judge's decision in Decision Number 589/Pdt.G/2012/PN.Jkt.Sel was wrong because the Judge did not analyze the meaning and concept of material facts in marine cargo insurance as regulated in Article 251 WvK and did not consider the provisions in the policy referring to the Marine Insurance Act 1906.
{"title":"Legality of Marine Cargo Insurance Claim With Different Sailing Date on Policy (Analysis of Decisions Number 589/PDT.G/2012/PN.JKT.SEL)","authors":"Krisna Angela, Dian Purnama Anugerah, Universitas Airlangga, Dian Purnama","doi":"10.20473/ydk.v38i3.47966","DOIUrl":"https://doi.org/10.20473/ydk.v38i3.47966","url":null,"abstract":"Sailing dates in marine cargo insurance often change for various reasons. It is unavoidable that from the time the ship sail on a date that is not under the policy, uncertain events occur, which cause losses. On the other hand, insurance recognizes the principle of utmost good faith, which obliges the insured to disclose material facts about the insured object correctly, completely, and honestly as regulated in Article 251 WvK. It creates a blurring of norms because that rule make the parties debating whether the ship's sailing date is a material fact or not. This research uses normative legal research methods with a statute approach, conceptual approach, and case approach. This research purposed to analyze changes in sailing date as material facts and the consequences of not disclosing these changes by the insured to the insurer and the insurer to the reinsurer by analyzing Decision Number 589/Pdt.G/2012/PN.Jkt.Sel. The results of this study indicate that the change in sailing date is a material fact that must be disclosed by the insured to the insurer. When the insured does not disclose material facts, it can make a contract voidable and the insurer can be free from the obligation to pay claims. In addition, the Judge's decision in Decision Number 589/Pdt.G/2012/PN.Jkt.Sel was wrong because the Judge did not analyze the meaning and concept of material facts in marine cargo insurance as regulated in Article 251 WvK and did not consider the provisions in the policy referring to the Marine Insurance Act 1906.","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":"28 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139346140","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 : 2023-09-01DOI: 10.20473/ydk.v38i3.51874
Rizky Amalia, Muhammad Amirul Alfan, Maghfirah Aliefia, Mohd Sharil Nizam bin Md Radzi, Faizal Kurniawan
The Indonesian government carries out goods/services procurement activities in the framework of the welfare of its people. From time to time the procurement of goods/services has developed and, in the current digital era, it has begun to switch to electronic-based procurement. To answer the challenges of these developments, as well as to prevent fraud or violations of the law, a solid system is needed that can accommodate all of this. The blockchain concept can be an alternative to answer this issue because the blockchain system has advantages in terms of security and transparency. The research method used in this article is legal research with a statute and conceptual approach. The purpose of this article is to become a reference regarding the probability of using the blockchain system in the law of procurement of goods and services in Indonesia. The findings of this study are that no country has yet implemented a blockchain system for the procurement of goods/services. Blockchain technology has been implemented by the private sector, namely by Walmart, Nestle, and Unilever who use blockchain technology as the basis of their supply chain management which, with this system, can increase effectiveness and efficiency as well as afford a good level of security. Thus the blockchain system for procuring goods/services in Indonesia can be a method that can be applied to increase efficiency and aspects of transparency to reduce misuse in the procurement of goods/services.
{"title":"Digitalization of the Public Procurement System in Indonesia: Challenges and Problems","authors":"Rizky Amalia, Muhammad Amirul Alfan, Maghfirah Aliefia, Mohd Sharil Nizam bin Md Radzi, Faizal Kurniawan","doi":"10.20473/ydk.v38i3.51874","DOIUrl":"https://doi.org/10.20473/ydk.v38i3.51874","url":null,"abstract":"The Indonesian government carries out goods/services procurement activities in the framework of the welfare of its people. From time to time the procurement of goods/services has developed and, in the current digital era, it has begun to switch to electronic-based procurement. To answer the challenges of these developments, as well as to prevent fraud or violations of the law, a solid system is needed that can accommodate all of this. The blockchain concept can be an alternative to answer this issue because the blockchain system has advantages in terms of security and transparency. The research method used in this article is legal research with a statute and conceptual approach. The purpose of this article is to become a reference regarding the probability of using the blockchain system in the law of procurement of goods and services in Indonesia. The findings of this study are that no country has yet implemented a blockchain system for the procurement of goods/services. Blockchain technology has been implemented by the private sector, namely by Walmart, Nestle, and Unilever who use blockchain technology as the basis of their supply chain management which, with this system, can increase effectiveness and efficiency as well as afford a good level of security. Thus the blockchain system for procuring goods/services in Indonesia can be a method that can be applied to increase efficiency and aspects of transparency to reduce misuse in the procurement of goods/services.","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":"24 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139343739","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 : 2023-09-01DOI: 10.20473/ydk.v38i3.45134
Volodymyr Gorbalinskiy, Ivan Draliuk, Vitalii Bondarchuk, Serhii Myroslavskyi, Volodymir Manhora
Artificial intelligence gets into all spheres of life which are familiar to us. Automation and optimization of various processes make our daily tasks much easier. The topicality of the research is due to the rapid development and improvement of artificial intelligence, and therefore it is important to familiarize yourself with all aspects of its application. In the course of the study, laws of Ukraine, the practice of the ECHR, as well as international legal documents was analysed. This research is aimed at determining all aspects of the use of artificial intelligence in various spheres of society, its impact on the ways to protect human rights within the framework of these legal relations. The study pays particular attention to the risks which exist in connection with handling of personal information from artificial intelligence, the extent of the impact on our privacy rights, our freedoms and our opportunities. The research is based on issues of the application of artificial intelligence, for example, on solving problems with discrimination, inequality and various social issues. Furthermore, the proposals for the development of legal aspects of the protection of human rights in the context of artificial intelligence at the Ukrainian and international levels are formulated. This research is very important for understanding and developing effective measures to protect our rights and freedoms in this new technological world.
{"title":"Ensuring Human Rights in the Era of Artificial Intelligence: Ukraine and Practice of ECHR","authors":"Volodymyr Gorbalinskiy, Ivan Draliuk, Vitalii Bondarchuk, Serhii Myroslavskyi, Volodymir Manhora","doi":"10.20473/ydk.v38i3.45134","DOIUrl":"https://doi.org/10.20473/ydk.v38i3.45134","url":null,"abstract":"Artificial intelligence gets into all spheres of life which are familiar to us. Automation and optimization of various processes make our daily tasks much easier. The topicality of the research is due to the rapid development and improvement of artificial intelligence, and therefore it is important to familiarize yourself with all aspects of its application. In the course of the study, laws of Ukraine, the practice of the ECHR, as well as international legal documents was analysed. This research is aimed at determining all aspects of the use of artificial intelligence in various spheres of society, its impact on the ways to protect human rights within the framework of these legal relations. The study pays particular attention to the risks which exist in connection with handling of personal information from artificial intelligence, the extent of the impact on our privacy rights, our freedoms and our opportunities. The research is based on issues of the application of artificial intelligence, for example, on solving problems with discrimination, inequality and various social issues. Furthermore, the proposals for the development of legal aspects of the protection of human rights in the context of artificial intelligence at the Ukrainian and international levels are formulated. This research is very important for understanding and developing effective measures to protect our rights and freedoms in this new technological world.","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":"170 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139343988","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 : 2023-09-01DOI: 10.20473/ydk.v38i3.43885
Zainuddin Zainuddin, Aan Aswari, Salle
Zakat is primarily an economic instrument used to achieve socio-economic justice. This goal can be accomplished if management is done properly and correctly. The purpose of this article is to analyze the legal policy of zakat management with the model of the voluntary system and its implications for the realization of social and economic justice in the community. This research is normative legal research with primary legal sources in the form of laws and regulations related to zakat management legal policies, which are then analyzed descriptively and qualitatively. According to the findings of the study, the legal policy of zakat management with a voluntary system model is based on the principle of community volunteerism in zakat payment. This voluntary system model is heavily reliant on public legal awareness regarding zakat payment. The use of the voluntary system model has consequences for the community's non-optimal fulfillment of social and economic justice, which is caused by a lack of state involvement through legal policies. The state's role is required to enforce the zakat law by compelling zakat obligors to fulfill their obligations. On the other hand, the potential for zakat remains enormous, and it must be managed optimally.
{"title":"Voluntary System: The Legal Problems of Zakat Management For The Fulfillment of Socio-Economic Justice","authors":"Zainuddin Zainuddin, Aan Aswari, Salle","doi":"10.20473/ydk.v38i3.43885","DOIUrl":"https://doi.org/10.20473/ydk.v38i3.43885","url":null,"abstract":"Zakat is primarily an economic instrument used to achieve socio-economic justice. This goal can be accomplished if management is done properly and correctly. The purpose of this article is to analyze the legal policy of zakat management with the model of the voluntary system and its implications for the realization of social and economic justice in the community. This research is normative legal research with primary legal sources in the form of laws and regulations related to zakat management legal policies, which are then analyzed descriptively and qualitatively. According to the findings of the study, the legal policy of zakat management with a voluntary system model is based on the principle of community volunteerism in zakat payment. This voluntary system model is heavily reliant on public legal awareness regarding zakat payment. The use of the voluntary system model has consequences for the community's non-optimal fulfillment of social and economic justice, which is caused by a lack of state involvement through legal policies. The state's role is required to enforce the zakat law by compelling zakat obligors to fulfill their obligations. On the other hand, the potential for zakat remains enormous, and it must be managed optimally.","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":"75 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139344643","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 : 2023-05-01DOI: 10.20473/ydk.v38i2.44999
S. E. Imoisi, P. Aidonojie
Petroleum is an essential commodity that is highly demanded by the populace of the world because it is the major and predominant source of energy in the world. Given that there could be an abuse of petroleum products in Nigeria, Section 4 of the Petroleum Act further prohibits the storage and sale of petroleum products by black marketers in Nigerian communities. However, it is unfortunate that due to poor implementation of the Petroleum Act, there has been a constant increase in the activities of black marketers of petroleum products in Nigeria. This study embarks on a hybrid method of studying the activities of black marketers in the Nigerian petroleum industry. In this regard, 322 questionnaires were distributed to respondents residing in Nigeria, and descriptive and analytical methods were adopted to examine the results. The study found that the incidence of black market activities is often caused by legal and socioeconomic challenges, such as poor implementation of the legal framework, petroleum scarcity, poverty, and unemployment. It was therefore concluded that to curtail the activities of black marketers in Nigeria's petroleum industry, there should be a due implementation of the Petroleum Act, provision of petroleum products, and prosecution of persons involved in black market activities in Nigeria's petroleum industry.
{"title":"Legal and Socio-economic Issues Concerning Black Marketer's Activities of Petroleum Products in Nigeria","authors":"S. E. Imoisi, P. Aidonojie","doi":"10.20473/ydk.v38i2.44999","DOIUrl":"https://doi.org/10.20473/ydk.v38i2.44999","url":null,"abstract":"Petroleum is an essential commodity that is highly demanded by the populace of the world because it is the major and predominant source of energy in the world. Given that there could be an abuse of petroleum products in Nigeria, Section 4 of the Petroleum Act further prohibits the storage and sale of petroleum products by black marketers in Nigerian communities. However, it is unfortunate that due to poor implementation of the Petroleum Act, there has been a constant increase in the activities of black marketers of petroleum products in Nigeria. This study embarks on a hybrid method of studying the activities of black marketers in the Nigerian petroleum industry. In this regard, 322 questionnaires were distributed to respondents residing in Nigeria, and descriptive and analytical methods were adopted to examine the results. The study found that the incidence of black market activities is often caused by legal and socioeconomic challenges, such as poor implementation of the legal framework, petroleum scarcity, poverty, and unemployment. It was therefore concluded that to curtail the activities of black marketers in Nigeria's petroleum industry, there should be a due implementation of the Petroleum Act, provision of petroleum products, and prosecution of persons involved in black market activities in Nigeria's petroleum industry.","PeriodicalId":31372,"journal":{"name":"Yuridika","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44891590","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 : 2023-05-01DOI: 10.20473/ydk.v38i2.42955
Fifi Junita, I. Soeparna, Resistensia Kesumawardhani, Innayatun Soeparna
The paper focuses on the policy analysis influencing the internationalization of small and medium sized enterprises (SMEs) engaged in cultural and creative industries (CCIs) in Indonesia. Three approaches of internationalization are explored in this study: the market knowledge approach, the network approach and the international entrepreneurship approach. This article attempts to figure out internationalization as a process starting from the creating of favorable preconditions to the strengthening stage based on the interrelationship among those approaches. The purpose of this article tries to combine the important dimensions proposed by each approach towards an integrative policy approach based on the concept of competitiveness and connectivity. The conceptual model of integrated policy in this study contributes to resolve inefficiency issue as the main gap in the existing strategic policy on SME internationalization in Indonesia; enhance integrative policy analysis literature and propose a more integrated strategic policy for promoting internationalization.
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