The human community has always been characterized by conflict, governed by ethical and legal standards that have evolved with human civilization. This widely accepted standard was eventually defined as contemporary International Humanitarian Law (IHL). This study aims to analyze from two legal perspectives: Islamic and international humanitarian law. The method used in this research is comparative, including qualitative analysis. The results of this study suggest that regulation has developed mainly due to modern European activities, diminishing the potential contributions of other cultural and ethical traditions to its development and codification. However, it should be noted that the principles jus ad bellum (laws governing the use of force) and jus in Bello (the content of the laws of war) are evident in Islamic literature centuries before modern international law was codified, with little attention paid to them. This paper argues that Islamic humanitarian law, which regulates the treatment of prisoners of war, is comprehensive and comparable to the provisions of the 1949 Geneva Convention. In addition, the concept of Siyar's Islamic literature is very similar to the Geneva Conventions. This research augments international relations by examining the degree of concordance between the requirements of Islamic Humanitarian Law and Modern IHL concerning issues of immediate practical relevance in an era when several regions of the world are experiencing armed conflict.
{"title":"Comparative Study of Islamic and International Humanitarian Law","authors":"Miebaka Nabiebu","doi":"10.59683/ijls.v2i3.64","DOIUrl":"https://doi.org/10.59683/ijls.v2i3.64","url":null,"abstract":"The human community has always been characterized by conflict, governed by ethical and legal standards that have evolved with human civilization. This widely accepted standard was eventually defined as contemporary International Humanitarian Law (IHL). This study aims to analyze from two legal perspectives: Islamic and international humanitarian law. The method used in this research is comparative, including qualitative analysis. The results of this study suggest that regulation has developed mainly due to modern European activities, diminishing the potential contributions of other cultural and ethical traditions to its development and codification. However, it should be noted that the principles jus ad bellum (laws governing the use of force) and jus in Bello (the content of the laws of war) are evident in Islamic literature centuries before modern international law was codified, with little attention paid to them. This paper argues that Islamic humanitarian law, which regulates the treatment of prisoners of war, is comprehensive and comparable to the provisions of the 1949 Geneva Convention. In addition, the concept of Siyar's Islamic literature is very similar to the Geneva Conventions. This research augments international relations by examining the degree of concordance between the requirements of Islamic Humanitarian Law and Modern IHL concerning issues of immediate practical relevance in an era when several regions of the world are experiencing armed conflict.","PeriodicalId":337812,"journal":{"name":"International Journal of Law and Society (IJLS)","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128523440","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}
F. Febriansyah, Afiful Ikhwan, Ucuk Agiyanto, Pretty Desya Saputri
The population level of citizens must be balanced with the high level of welfare of the Indonesian population. Every citizen has the right to obtain it by allowing it to grow and develop optimally, physically, mentally, socially and as a personality. One of the efforts is to protect against violence, in this case, sexual violence. This study aims to reveal the impact caused by victims of sexual abuse. The results of this study explain that the psychological impact of sexual harassment is quite a lot, such as somatization, nervous pain, chronic pain, changes in sexual behaviour, schooling, learning problems, and problems including the use of illegal drugs, self-harm, cruelty to animals, human crime. Grown up and committed suicide. Therefore, the state's role is to provide legal protection to create a sense of security and legal guarantees for the obscenity that befalls them.
{"title":"Analysis of Offense Sexual Abuse on The Psychological Effects of Victims","authors":"F. Febriansyah, Afiful Ikhwan, Ucuk Agiyanto, Pretty Desya Saputri","doi":"10.59683/ijls.v2i3.61","DOIUrl":"https://doi.org/10.59683/ijls.v2i3.61","url":null,"abstract":"The population level of citizens must be balanced with the high level of welfare of the Indonesian population. Every citizen has the right to obtain it by allowing it to grow and develop optimally, physically, mentally, socially and as a personality. One of the efforts is to protect against violence, in this case, sexual violence. This study aims to reveal the impact caused by victims of sexual abuse. The results of this study explain that the psychological impact of sexual harassment is quite a lot, such as somatization, nervous pain, chronic pain, changes in sexual behaviour, schooling, learning problems, and problems including the use of illegal drugs, self-harm, cruelty to animals, human crime. Grown up and committed suicide. Therefore, the state's role is to provide legal protection to create a sense of security and legal guarantees for the obscenity that befalls them.","PeriodicalId":337812,"journal":{"name":"International Journal of Law and Society (IJLS)","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124948003","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}
Kain Keita, Aida Harlina Abdul Razak, Nor Anita Abdullah
A country's economic growth rate is the percentage change in the value of all goods and services produced during a certain period compared to the previous period. Since the Covid-19 pandemic was announced and hurting all businesses, several companies have depended on foreign direct investment (FDI) investment. Hence, this study aims to pinpoint new trends that Malaysian legal investment decision makers should follow to prepare for FDI attractiveness post-Covid-19. This study applies empirical theoretical methods with a qualitative approach to the relationship between state governments and foreign direct investors. The results of the analysis show that many countries that offer FDI face economic deficits and are more willing to develop themselves than others. It was agreed that FDI had a positive impact on Malaysia's economic growth and this growth was faced with shortcuts due to the negative impact of the Covid-19 pandemic. In addition, Malaysia has long-standing political problems which have impacted the country's FDI attractiveness. His contribution is to help these components adopt laws and regulations that are good for the future as the country has been dramatically impacted economically.
{"title":"Regulatory Framework on Foreign Direct Investment as a Factor in Determining the Economic Growth in Malaysia Post-Covid-19 Pandemic","authors":"Kain Keita, Aida Harlina Abdul Razak, Nor Anita Abdullah","doi":"10.59683/ijls.v2i3.60","DOIUrl":"https://doi.org/10.59683/ijls.v2i3.60","url":null,"abstract":"A country's economic growth rate is the percentage change in the value of all goods and services produced during a certain period compared to the previous period. Since the Covid-19 pandemic was announced and hurting all businesses, several companies have depended on foreign direct investment (FDI) investment. Hence, this study aims to pinpoint new trends that Malaysian legal investment decision makers should follow to prepare for FDI attractiveness post-Covid-19. This study applies empirical theoretical methods with a qualitative approach to the relationship between state governments and foreign direct investors. The results of the analysis show that many countries that offer FDI face economic deficits and are more willing to develop themselves than others. It was agreed that FDI had a positive impact on Malaysia's economic growth and this growth was faced with shortcuts due to the negative impact of the Covid-19 pandemic. In addition, Malaysia has long-standing political problems which have impacted the country's FDI attractiveness. His contribution is to help these components adopt laws and regulations that are good for the future as the country has been dramatically impacted economically.","PeriodicalId":337812,"journal":{"name":"International Journal of Law and Society (IJLS)","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123346927","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}
Desy Kartika Ningsih, D.L. Ravena, Agus Hadian Rahim
In the context of a medical audit, the medical committee functions to prevent possible negligence in specific medical procedures. This function is generally performed when a case is considered difficult, an unnatural death or other exciting cases are found. This study aims to explain the role of medical committees and medical audits and the part of medical audits in resolving medical crimes. The method used in this study is a normative juridical method with a statutory and conceptual approach. This study shows that the medical committee is tasked with monitoring and evaluating the quality of medical services by implementing medical audits. Meanwhile, the role of medical audit in resolving medical crimes is as a guide to ensure that every action, procedure, mechanism and decision taken in medical treatment is by established standards and quality. In conclusion, the findings highlight the critical role of medical audits in ensuring the quality of medical services, preventing medical crimes, promoting accountability, and supporting due process. Emphasizing the importance of medical audits can lead to better patient care, increased trust in the healthcare system, and continuous improvement in the medical field.
{"title":"Settlement of Medical Crimes by the Medical Committee and Medical Audit","authors":"Desy Kartika Ningsih, D.L. Ravena, Agus Hadian Rahim","doi":"10.59683/ijls.v2i3.37","DOIUrl":"https://doi.org/10.59683/ijls.v2i3.37","url":null,"abstract":"In the context of a medical audit, the medical committee functions to prevent possible negligence in specific medical procedures. This function is generally performed when a case is considered difficult, an unnatural death or other exciting cases are found. This study aims to explain the role of medical committees and medical audits and the part of medical audits in resolving medical crimes. The method used in this study is a normative juridical method with a statutory and conceptual approach. This study shows that the medical committee is tasked with monitoring and evaluating the quality of medical services by implementing medical audits. Meanwhile, the role of medical audit in resolving medical crimes is as a guide to ensure that every action, procedure, mechanism and decision taken in medical treatment is by established standards and quality. In conclusion, the findings highlight the critical role of medical audits in ensuring the quality of medical services, preventing medical crimes, promoting accountability, and supporting due process. Emphasizing the importance of medical audits can lead to better patient care, increased trust in the healthcare system, and continuous improvement in the medical field.\u0000 ","PeriodicalId":337812,"journal":{"name":"International Journal of Law and Society (IJLS)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121432822","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}
Eny Pemilu Kusparlina, Ishomuddin, O. Sukmana, S. Sunaryo
A healthy life is a sense of well-being due to fulfilling all needs within reasonable limits so that physical and mental health can be realized from various life stages. People still interpret healthy life according to their thoughts and understanding, which cannot be separated from beliefs, family values, and culture; they still choose to use alternative medicine instead of modern medicine. This research aims to understand the community's actions in interpreting a healthy life that prefers alternative medical practices compared to modern medical practices. The research method used is a qualitative approach with a phenomenological research type. This study used a purposive technique with four people as subjects who used alternative medicine facilities. Data collection techniques using observation, interviews, and documents. The data analysis method used is proprietary data analysis to analyze field data, while the data validation method uses triangulation. The results of this study are based on the dimensions of awareness, experience, suggestions, believed; the meaning of a healthy life with alternative medicine is not only physical (physical) health but non-physical (spiritual) health as well. Alternative medicine is a unique and holistic treatment. The process of creating a healthy life begins with the human element itself, which starts with the seeds, weight, and calves in the process of the human life cycle from birth to death in behaviour and science.
{"title":"Phenomenology Analysis of the Meaning of Healthy Living on Alternative Medicine Practices","authors":"Eny Pemilu Kusparlina, Ishomuddin, O. Sukmana, S. Sunaryo","doi":"10.59683/ijls.v2i3.40","DOIUrl":"https://doi.org/10.59683/ijls.v2i3.40","url":null,"abstract":"A healthy life is a sense of well-being due to fulfilling all needs within reasonable limits so that physical and mental health can be realized from various life stages. People still interpret healthy life according to their thoughts and understanding, which cannot be separated from beliefs, family values, and culture; they still choose to use alternative medicine instead of modern medicine. This research aims to understand the community's actions in interpreting a healthy life that prefers alternative medical practices compared to modern medical practices. The research method used is a qualitative approach with a phenomenological research type. This study used a purposive technique with four people as subjects who used alternative medicine facilities. Data collection techniques using observation, interviews, and documents. The data analysis method used is proprietary data analysis to analyze field data, while the data validation method uses triangulation. The results of this study are based on the dimensions of awareness, experience, suggestions, believed; the meaning of a healthy life with alternative medicine is not only physical (physical) health but non-physical (spiritual) health as well. Alternative medicine is a unique and holistic treatment. The process of creating a healthy life begins with the human element itself, which starts with the seeds, weight, and calves in the process of the human life cycle from birth to death in behaviour and science.","PeriodicalId":337812,"journal":{"name":"International Journal of Law and Society (IJLS)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124112147","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}
This paper argues that critical reflection on Nigeria's situation in the context of crisis and conflict reveals that religion ranks first as a cause of crisis and conflict. This paper seeks to engage in philosophical reflection on religious bigotry in Nigeria and ascertain how it affects our existence. The type of research used is qualitative with a descriptive approach. Primary data was obtained through in-depth interviews with respondents, while secondary data came from literature, case studies, previous research reports and related legal documents. Qualitative data analysis uses a thematic approach and data interpretation. The results of this study are on two fronts: the first front preoccupies itself with discourse on the scourge of religious fanaticism in Nigeria, while the second front reflects the fertility of life dialogue as a form of interreligious dialogue to withstand the threat of religious fanaticism with the aim of elevating a culture of religious tolerance that creates peaceful coexistence. necessary for sustainable development and progress in contemporary Nigeria.
{"title":"An Appraisal of Religious Fanaticism and the Imperative of the Dialogue of Life and Tolerance in Nigeria","authors":"Paul T. Haaga, G. Ngbea","doi":"10.59683/ijls.v2i3.53","DOIUrl":"https://doi.org/10.59683/ijls.v2i3.53","url":null,"abstract":"This paper argues that critical reflection on Nigeria's situation in the context of crisis and conflict reveals that religion ranks first as a cause of crisis and conflict. This paper seeks to engage in philosophical reflection on religious bigotry in Nigeria and ascertain how it affects our existence. The type of research used is qualitative with a descriptive approach. Primary data was obtained through in-depth interviews with respondents, while secondary data came from literature, case studies, previous research reports and related legal documents. Qualitative data analysis uses a thematic approach and data interpretation. The results of this study are on two fronts: the first front preoccupies itself with discourse on the scourge of religious fanaticism in Nigeria, while the second front reflects the fertility of life dialogue as a form of interreligious dialogue to withstand the threat of religious fanaticism with the aim of elevating a culture of religious tolerance that creates peaceful coexistence. necessary for sustainable development and progress in contemporary Nigeria.\u0000 ","PeriodicalId":337812,"journal":{"name":"International Journal of Law and Society (IJLS)","volume":"122 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133923719","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}
Cancellation of Regional Regulations is the authority of the government represented by the Supreme Court in carrying out the supervisory function both preventively and repressively. The annulment function is carried out to provide legal certainty so that the law can have a strong meaning and identity. The purpose of this research is to produce a strong understanding of the mechanism for cancelling regional regulations by the Supreme Court on the basis of filing a judicial review of the materials of regional rules that have been running and their implications for legal certainty. The method used in this study is a normative juridical method through a review of the literature, which is considered relevant to this research. Based on the results of this study, it was concluded that the mechanism for implementing the Supreme Court's decision regarding the cancellation of the Regional Regulation as stated in Article 8 paragraph (2) of Supreme Court Regulation No. 1 of 2011, followed up by implementing the decision no later than ninety days after the decision was sent to the Regional Government. The implication is that the cancellation of a regulation by the Supreme Court directly or indirectly has binding legal force.
{"title":"Implications of Regional Regulations Cancellation Based on Law Number 23 of 2014 about Local Government and Law Number 5 Of 2004 about The Supreme Court","authors":"Hohen Saragih","doi":"10.59683/ijls.v2i2.35","DOIUrl":"https://doi.org/10.59683/ijls.v2i2.35","url":null,"abstract":"Cancellation of Regional Regulations is the authority of the government represented by the Supreme Court in carrying out the supervisory function both preventively and repressively. The annulment function is carried out to provide legal certainty so that the law can have a strong meaning and identity. The purpose of this research is to produce a strong understanding of the mechanism for cancelling regional regulations by the Supreme Court on the basis of filing a judicial review of the materials of regional rules that have been running and their implications for legal certainty. The method used in this study is a normative juridical method through a review of the literature, which is considered relevant to this research. Based on the results of this study, it was concluded that the mechanism for implementing the Supreme Court's decision regarding the cancellation of the Regional Regulation as stated in Article 8 paragraph (2) of Supreme Court Regulation No. 1 of 2011, followed up by implementing the decision no later than ninety days after the decision was sent to the Regional Government. The implication is that the cancellation of a regulation by the Supreme Court directly or indirectly has binding legal force.\u0000 ","PeriodicalId":337812,"journal":{"name":"International Journal of Law and Society (IJLS)","volume":"22 1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116697777","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}
Kain Keita, Asmah Laili Yeon, Aida Harlina Abdul Razak, Nor Anita Abdullah
A host state has faced sovereignty issues and challenges in adopting and applying a legal framework for Foreign Direct Investment (FDI) governed by International Investment Law (IIL). IIL provides certain protection to FDI in a host country. The protections have been considered standard in the liberation of the FDI, which could positively impact the FDI attraction into countries. However, the host state's ability to regulate the public interests for a common concern of the peoples, such as social, economic, environmental, and human rights achievement, is indeterminate in IIL, and it became mostly a challenge for the host states. These needs are increasingly being requested by the population from governments. This study looks at how the state’s sovereignty power can be met in the adoption and application of laws and policies for the public's interest and assessment methods which are mostly used by the court in foreign investment disputes. An empirical analysis of the legal issue based on available literature is made. The findings of this study show that the necessity to understand the fears for sovereignty underpins the debate on its legitimacy in investment arbitration. The established sovereignty of state laws is shown in FDI and the desired areas of public interest regularisation. The international arbitral tribunals may reveal the right to balance between private and public interests in applying the national laws, which significantly show unclear and or open-textured international investment agreements (IIAs) provisions. The public interests are mostly applied to national laws over international law.
{"title":"Sovereignity Issues and Legal Framework Challenges for Foreign Direct Investment in Developing Countries","authors":"Kain Keita, Asmah Laili Yeon, Aida Harlina Abdul Razak, Nor Anita Abdullah","doi":"10.59683/ijls.v2i2.41","DOIUrl":"https://doi.org/10.59683/ijls.v2i2.41","url":null,"abstract":"A host state has faced sovereignty issues and challenges in adopting and applying a legal framework for Foreign Direct Investment (FDI) governed by International Investment Law (IIL). IIL provides certain protection to FDI in a host country. The protections have been considered standard in the liberation of the FDI, which could positively impact the FDI attraction into countries. However, the host state's ability to regulate the public interests for a common concern of the peoples, such as social, economic, environmental, and human rights achievement, is indeterminate in IIL, and it became mostly a challenge for the host states. These needs are increasingly being requested by the population from governments. This study looks at how the state’s sovereignty power can be met in the adoption and application of laws and policies for the public's interest and assessment methods which are mostly used by the court in foreign investment disputes. An empirical analysis of the legal issue based on available literature is made. The findings of this study show that the necessity to understand the fears for sovereignty underpins the debate on its legitimacy in investment arbitration. The established sovereignty of state laws is shown in FDI and the desired areas of public interest regularisation. The international arbitral tribunals may reveal the right to balance between private and public interests in applying the national laws, which significantly show unclear and or open-textured international investment agreements (IIAs) provisions. The public interests are mostly applied to national laws over international law.","PeriodicalId":337812,"journal":{"name":"International Journal of Law and Society (IJLS)","volume":"71 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133779987","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}
The purpose of this research is to analyze the responsibility of a notary and the legal consequences for a limited liability company that a foundation has established but violates the law on foundations. The research was conducted using doctrinal legal research methods. The results of the study show that: (1) Notaries as officials who are authorized in terms of doing authentic deeds, including the deed of establishment of limited liability companies established by foundations, have a great responsibility insofar as they concern the formal requirements of authenticating the deed. However, the notary is not responsible for the substance of the deed because it is the will of the parties themselves, so if what is violated is the formal terms of the deed, the notary can be sued for compensation and fines. (2) The legal consequence for the limited liability company is that it violates Article 7 of the Law on Foundations. It is null and void because the deed of an establishment violates the objective requirements of the legal terms of an agreement regulated in Article 1320 of the Civil Code. In addition, the legal status of a Limited Liability Company has been deemed to have never existed, causing all actions that have been carried out or carried out by the organs of the company to have no legal standing.
{"title":"Legal Consequences of Establishing a Limited Liability Company by a Foundation in Violation of the Law","authors":"Khusnul Hatimah, A. Sulistiyono, A. S. Sudarwanto","doi":"10.59683/ijls.v2i1.30","DOIUrl":"https://doi.org/10.59683/ijls.v2i1.30","url":null,"abstract":"The purpose of this research is to analyze the responsibility of a notary and the legal consequences for a limited liability company that a foundation has established but violates the law on foundations. The research was conducted using doctrinal legal research methods. The results of the study show that: (1) Notaries as officials who are authorized in terms of doing authentic deeds, including the deed of establishment of limited liability companies established by foundations, have a great responsibility insofar as they concern the formal requirements of authenticating the deed. However, the notary is not responsible for the substance of the deed because it is the will of the parties themselves, so if what is violated is the formal terms of the deed, the notary can be sued for compensation and fines. (2) The legal consequence for the limited liability company is that it violates Article 7 of the Law on Foundations. It is null and void because the deed of an establishment violates the objective requirements of the legal terms of an agreement regulated in Article 1320 of the Civil Code. In addition, the legal status of a Limited Liability Company has been deemed to have never existed, causing all actions that have been carried out or carried out by the organs of the company to have no legal standing.","PeriodicalId":337812,"journal":{"name":"International Journal of Law and Society (IJLS)","volume":"85 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116733106","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}
Insyira Yusdiawan Azhar, Ishomuddin, O. Sukmana, F. Febriansyah
This research aims to look micro-based on the subject's experience of how several bureaucratic actors in small towns commit the phenomenon of budget abuse. The research method used is a qualitative approach with a phenomenological research type. The primary data was obtained by interviewing five main informants and field observations, while the secondary data was obtained from various related encyclopedia sources. Data analysis used Moustakas' theory by reading interview transcripts, horizonalization, a cluster of meaning, and developing textural descriptions to validate reflexity, credibility, and transferability. This study's results reveal how corruptors' actions are more motivated by a person's scientific attitude, which is based on social a priori as explained by classical phenomenology, compared to situational factors that are felt by the body as initiated by neo-phenomenology.
{"title":"Phenomenology Analysis of Functional Bureaucratic in Budget Abuse","authors":"Insyira Yusdiawan Azhar, Ishomuddin, O. Sukmana, F. Febriansyah","doi":"10.59683/ijls.v2i2.33","DOIUrl":"https://doi.org/10.59683/ijls.v2i2.33","url":null,"abstract":"This research aims to look micro-based on the subject's experience of how several bureaucratic actors in small towns commit the phenomenon of budget abuse. The research method used is a qualitative approach with a phenomenological research type. The primary data was obtained by interviewing five main informants and field observations, while the secondary data was obtained from various related encyclopedia sources. Data analysis used Moustakas' theory by reading interview transcripts, horizonalization, a cluster of meaning, and developing textural descriptions to validate reflexity, credibility, and transferability. This study's results reveal how corruptors' actions are more motivated by a person's scientific attitude, which is based on social a priori as explained by classical phenomenology, compared to situational factors that are felt by the body as initiated by neo-phenomenology.","PeriodicalId":337812,"journal":{"name":"International Journal of Law and Society (IJLS)","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128162027","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}
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