The conflicts between companies and communities have a massive impact and even cause national instability so that it becomes counter-productive with development goals. In this regard, this study examines why there are many environmental conflicts between companies and communities, why many companies do not implement CSR, and how the legal reconstruction of CSR that can prevent environmental conflicts. This study aims to find out why there are so many conflicts between companies and the community? To find out why many companies do not implement CSR? and how to reconstruct CSR regulations in order to prevent environmental conflicts between companies and communities. The approach method used a normative juridical approach. The results of this study show that conflicts between companies and communities are frequent and difficult to resolve because the current CSR regulations provide opportunities for companies to exploit natural resources and override the protection of human resource interests that should be the subject of development rather than the object of development. Many companies do not implement CSR because CSR regulations are still appealing and there are no criminal sanctions, and there is no legal unification. Therefore, it is necessary to reconstruct CSR regulations in order to prevent environmental conflicts.
{"title":"LEGAL RECONSTRUCTION OF CORPORATE SOCIAL RESPONSIBILITY: PREVENTING AN ENVIRONMENTAL CONFLICTS","authors":"Any Ismayawati, Luqman Nurhisam","doi":"10.26532/jph.v9i2.23360","DOIUrl":"https://doi.org/10.26532/jph.v9i2.23360","url":null,"abstract":"The conflicts between companies and communities have a massive impact and even cause national instability so that it becomes counter-productive with development goals. In this regard, this study examines why there are many environmental conflicts between companies and communities, why many companies do not implement CSR, and how the legal reconstruction of CSR that can prevent environmental conflicts. This study aims to find out why there are so many conflicts between companies and the community? To find out why many companies do not implement CSR? and how to reconstruct CSR regulations in order to prevent environmental conflicts between companies and communities. The approach method used a normative juridical approach. The results of this study show that conflicts between companies and communities are frequent and difficult to resolve because the current CSR regulations provide opportunities for companies to exploit natural resources and override the protection of human resource interests that should be the subject of development rather than the object of development. Many companies do not implement CSR because CSR regulations are still appealing and there are no criminal sanctions, and there is no legal unification. Therefore, it is necessary to reconstruct CSR regulations in order to prevent environmental conflicts.","PeriodicalId":34168,"journal":{"name":"Jurnal Pembaharuan Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-08-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44199040","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}
Ismail Islamil, Imelda Mardayanti, Haikal Iskandar Hashina Harahap
The purpose of writing this research is to find out and describe the data that after being explained earlier shows that the settlement of cases of domestic violence is very important that is enforced by the police investigators, the approach method used uses a socio-legal approach, the results of the study state that the protection of victims of domestic violence at the Unit The PPA of the Asahan Police is carried out by maximizing the role of the Asahan Police Investigator in eliminating Domestic Violence. Among the legal innovations carried out beyond Act No. 23 of 2004 concerning the Elimination of Domestic Violence, especially law enforcement officers such as the Police, Advocates and courts in providing services and protection for victims of domestic violence, especially beyond setting up protection mechanisms in courts for the safety of victims, namely regarding protection mechanisms in courts for the safety of victims.
{"title":"THE ROLE OF ASAHAN POLICE INVESTIGATORS IN CRIMINAL ACTS OF DOMESTIC VIOLENCE CASE","authors":"Ismail Islamil, Imelda Mardayanti, Haikal Iskandar Hashina Harahap","doi":"10.26532/jph.v9i2.23895","DOIUrl":"https://doi.org/10.26532/jph.v9i2.23895","url":null,"abstract":"The purpose of writing this research is to find out and describe the data that after being explained earlier shows that the settlement of cases of domestic violence is very important that is enforced by the police investigators, the approach method used uses a socio-legal approach, the results of the study state that the protection of victims of domestic violence at the Unit The PPA of the Asahan Police is carried out by maximizing the role of the Asahan Police Investigator in eliminating Domestic Violence. Among the legal innovations carried out beyond Act No. 23 of 2004 concerning the Elimination of Domestic Violence, especially law enforcement officers such as the Police, Advocates and courts in providing services and protection for victims of domestic violence, especially beyond setting up protection mechanisms in courts for the safety of victims, namely regarding protection mechanisms in courts for the safety of victims.","PeriodicalId":34168,"journal":{"name":"Jurnal Pembaharuan Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-08-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48509609","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}
There are still several problems related to water resources, which can affect poverty, food shortages, hamper economic growth, and disrupt ecosystems. Based on the literature study, two conclusions were generated. First, the function of Water Resources in business activities in laws and regulations still ignores the constitutional rights of the state and the people through the gap for companies to manage and make water and water resources as the profit-oriented business. Second, it is necessary to revitalize ecocracy in ensuring the existence of Water and Soil Conservation by inculcating two (legal) liabilities, namely the liability due to the inherent propriety to act or to do and the liability due to the inherent propriety not to act or not to do to protect ecosystem health and to ensure the environmental sustainability. It is necessary to reform the Water Resources Law in tackling the exploitation of water resources to justify monopoly or illegal profits made by certain parties.
{"title":"THE ECOCRACY OF WATER RESOURCES ON WATER CULTIVATION RIGHTS IN REALIZING SOIL AND WATER CONSERVATION","authors":"Setia Untung Arimuladi","doi":"10.26532/jph.v9i2.17554","DOIUrl":"https://doi.org/10.26532/jph.v9i2.17554","url":null,"abstract":"There are still several problems related to water resources, which can affect poverty, food shortages, hamper economic growth, and disrupt ecosystems. Based on the literature study, two conclusions were generated. First, the function of Water Resources in business activities in laws and regulations still ignores the constitutional rights of the state and the people through the gap for companies to manage and make water and water resources as the profit-oriented business. Second, it is necessary to revitalize ecocracy in ensuring the existence of Water and Soil Conservation by inculcating two (legal) liabilities, namely the liability due to the inherent propriety to act or to do and the liability due to the inherent propriety not to act or not to do to protect ecosystem health and to ensure the environmental sustainability. It is necessary to reform the Water Resources Law in tackling the exploitation of water resources to justify monopoly or illegal profits made by certain parties.","PeriodicalId":34168,"journal":{"name":"Jurnal Pembaharuan Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-08-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47018574","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 study aims to analyze and explain the foreign policy of the United States towards the Afghan militia, especially the Taliban. The United States government with the help of the CIA (Central Intelligence Agency) investigates and seeks to destroy the Al Qaeda terrorist group led by Osama bin Laden who was later found to be in Afghanistan and obtained protection under the Taliban. The Taliban, the Islamic extremist regime that controls Afghanistan and offers space for Al Qaeda militants to exercise its military in Afghanistan. President Bush signed a resolution on September 18, 2001 regarding the attacks on Al Qaeda under the protection of the Taliban in Afghanistan which continues to this day. The United States is actively involved in supporting military operations in Afghanistan, including logistical assistance, Afghan military training, and sending American military troops to conflict areas. The main goal of the United States in doing so is to prevent potential future attacks by a growing terrorist group in Afghanistan. Based on data from the United States Department of Defense, the total expenditure in the military sector in Afghanistan from 2001 to 2019 was 778 billion USD. Meanwhile, the number of troops sent to conflict locations was 596,303 troops. There are 2,441 US military troops confirmed dead in the Afghan war from 2001 to 2019. It is estimated that about 12,000 US military troops are still in Afghanistan. This research is a qualitative research and the data collection technique used by the author in this study is Library Research in the form of books, journals, documents, reports, articles, or newspapers obtained through electronic and non-electronic media. The conclusion is that this foreign policy is relevant and elaborates that in international relations there will be actions, reactions, and interactions between political entities called states. The state, in this case the head of state as the decision maker, tries to formulate every goal to be achieved by minimizing sacrifices to the national interest. In line with the policies pursued by President Trump to end the war in Afghanistan and withdraw all military forces of the United States and its allies.
{"title":"THE UNITED STATES FOREIGN POLICY AGAINST AFGHANISTAN MILITARY: A COVERT MILITARY METHOD","authors":"Akaber Jhosep","doi":"10.26532/jph.v9i2.23731","DOIUrl":"https://doi.org/10.26532/jph.v9i2.23731","url":null,"abstract":"This study aims to analyze and explain the foreign policy of the United States towards the Afghan militia, especially the Taliban. The United States government with the help of the CIA (Central Intelligence Agency) investigates and seeks to destroy the Al Qaeda terrorist group led by Osama bin Laden who was later found to be in Afghanistan and obtained protection under the Taliban. The Taliban, the Islamic extremist regime that controls Afghanistan and offers space for Al Qaeda militants to exercise its military in Afghanistan. President Bush signed a resolution on September 18, 2001 regarding the attacks on Al Qaeda under the protection of the Taliban in Afghanistan which continues to this day. The United States is actively involved in supporting military operations in Afghanistan, including logistical assistance, Afghan military training, and sending American military troops to conflict areas. The main goal of the United States in doing so is to prevent potential future attacks by a growing terrorist group in Afghanistan. Based on data from the United States Department of Defense, the total expenditure in the military sector in Afghanistan from 2001 to 2019 was 778 billion USD. Meanwhile, the number of troops sent to conflict locations was 596,303 troops. There are 2,441 US military troops confirmed dead in the Afghan war from 2001 to 2019. It is estimated that about 12,000 US military troops are still in Afghanistan. This research is a qualitative research and the data collection technique used by the author in this study is Library Research in the form of books, journals, documents, reports, articles, or newspapers obtained through electronic and non-electronic media. The conclusion is that this foreign policy is relevant and elaborates that in international relations there will be actions, reactions, and interactions between political entities called states. The state, in this case the head of state as the decision maker, tries to formulate every goal to be achieved by minimizing sacrifices to the national interest. In line with the policies pursued by President Trump to end the war in Afghanistan and withdraw all military forces of the United States and its allies.","PeriodicalId":34168,"journal":{"name":"Jurnal Pembaharuan Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-08-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44154866","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 find out that the industrial revolution 4.0 has had a significant impact, especially in the use of technology and the internet in daily human activities, both in personal life and in economic activities. This study used a normative legal research method that examines various legal theories related to financial technology both in Indonesia and other countries. The P2P lending service carries out business activities by providing, managing, and operating money-borrowing services by utilizing information technology as a liaison. Peer to Peer (P2P) Lending in Indonesia is regulated in POJK No. 77/POJK.01/2016 concerning Information Technology-Based Lending and Borrowing Services. This regulation is the basis for the implementation of P2P Lending business activities or online borrowing, which is one type of fintech, including regulations regarding supervision carried out by the Financial Services Authority (OJK) on the implementation of these business activities. However, in practice, lending by P2P Fintech has attracted a lot of controversies because there are still many problems, including interest arrangements, the rise of illegal fintech applications and also the weakness of consumer protection where these things have not been fully addressed and regulated by POJK No. 77/POJK. 01/2016.
{"title":"THE SELF REGULATION ON PEER TO PEER (P2P) OF LENDING INDUSTRY IN INDONESIA AS PROBLEMS AND PROSPECTS","authors":"M. Fajar, Reni Budi Setianingrum","doi":"10.26532/jph.v9i1.20182","DOIUrl":"https://doi.org/10.26532/jph.v9i1.20182","url":null,"abstract":"The purpose of this research is to find out that the industrial revolution 4.0 has had a significant impact, especially in the use of technology and the internet in daily human activities, both in personal life and in economic activities. This study used a normative legal research method that examines various legal theories related to financial technology both in Indonesia and other countries. The P2P lending service carries out business activities by providing, managing, and operating money-borrowing services by utilizing information technology as a liaison. Peer to Peer (P2P) Lending in Indonesia is regulated in POJK No. 77/POJK.01/2016 concerning Information Technology-Based Lending and Borrowing Services. This regulation is the basis for the implementation of P2P Lending business activities or online borrowing, which is one type of fintech, including regulations regarding supervision carried out by the Financial Services Authority (OJK) on the implementation of these business activities. However, in practice, lending by P2P Fintech has attracted a lot of controversies because there are still many problems, including interest arrangements, the rise of illegal fintech applications and also the weakness of consumer protection where these things have not been fully addressed and regulated by POJK No. 77/POJK. 01/2016.","PeriodicalId":34168,"journal":{"name":"Jurnal Pembaharuan Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46522592","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 paper is to find out mediation in the settlement of disputes or international trade disputes by Business Actors, and the role of the ITPC in the event of a dispute between the parties involved in international trade transactions. This research used a normative juridical approach. The research results state that settlement of international trade disputes, in its implementation, business people prefer the mediation route, because of the benefits or advantages that business people get when using the mediation route. Among other things, the parties requested or appointed by the parties are neutral parties, procedures are fast, informal, time and cost efficient, confidentiality is maintained, prioritizes maintaining a sustainable working relationship in business as well as settlement decisions determined and agreed upon by the parties to create peace.
{"title":"THE IMPLEMENTATION OF MEDIATION IN THE RESOLUTION OF INTERNATIONAL TRADE DISPUTES","authors":"Ruwaidah Afiyati","doi":"10.26532/jph.v9i1.20853","DOIUrl":"https://doi.org/10.26532/jph.v9i1.20853","url":null,"abstract":"The purpose of this paper is to find out mediation in the settlement of disputes or international trade disputes by Business Actors, and the role of the ITPC in the event of a dispute between the parties involved in international trade transactions. This research used a normative juridical approach. The research results state that settlement of international trade disputes, in its implementation, business people prefer the mediation route, because of the benefits or advantages that business people get when using the mediation route. Among other things, the parties requested or appointed by the parties are neutral parties, procedures are fast, informal, time and cost efficient, confidentiality is maintained, prioritizes maintaining a sustainable working relationship in business as well as settlement decisions determined and agreed upon by the parties to create peace.","PeriodicalId":34168,"journal":{"name":"Jurnal Pembaharuan Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44498222","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 pace of infrastructure development in Indonesia is increasing rapidly, this is a form of the government's commitment to improving people's welfare. The pace of infrastructure development in reality often has problems, including failure to build. The absence of criminal provisions in Presidential Regulation Number 12 of 2021 concerning Amendments to Presidential Regulation Number 16 of 2018 concerning Procurement of Government Goods and Services has resulted in the blurring of the boundaries of the criminal and civil realms as well as administrative law in setting sanctions for providers of goods and services deemed negligent. This is often seen in cases of corruption in the procurement of goods and services, which often attracts service providers to become one of the perpetrators of criminal acts. This situation is clearly wrong, because not all acts of service and goods providers can be said to be related to the occurrence of corruption in the procurement of goods and services. This study aims to further analyze the legal protection for service and goods providers in cases of corruption in the procurement of goods and services. The method in this writing is normative. Based on the existing studies, it can be seen that the implementation of criminal sanctions for corruption in the procurement of goods for infrastructure development has not been based on the legal politics of procurement of goods, so that the criminal sanctions are still unclear, because the issue of procurement of goods should not be directly subject to criminal sanctions as an ultimum remidium, considering the procurement of goods regulated by administrative law not criminal law, while criminal threats are only as a last resort when violations in the realm of procurement of goods in infrastructure development are not controlled.
{"title":"THE RELEVANCES OF JUSTICE VALUE TO LEGAL PROTECTION FOR GOODS AND SERVICE PROVIDERS IN CORRUPTION CASES","authors":"M. Maryanto","doi":"10.26532/jph.v9i1.20767","DOIUrl":"https://doi.org/10.26532/jph.v9i1.20767","url":null,"abstract":"The pace of infrastructure development in Indonesia is increasing rapidly, this is a form of the government's commitment to improving people's welfare. The pace of infrastructure development in reality often has problems, including failure to build. The absence of criminal provisions in Presidential Regulation Number 12 of 2021 concerning Amendments to Presidential Regulation Number 16 of 2018 concerning Procurement of Government Goods and Services has resulted in the blurring of the boundaries of the criminal and civil realms as well as administrative law in setting sanctions for providers of goods and services deemed negligent. This is often seen in cases of corruption in the procurement of goods and services, which often attracts service providers to become one of the perpetrators of criminal acts. This situation is clearly wrong, because not all acts of service and goods providers can be said to be related to the occurrence of corruption in the procurement of goods and services. This study aims to further analyze the legal protection for service and goods providers in cases of corruption in the procurement of goods and services. The method in this writing is normative. Based on the existing studies, it can be seen that the implementation of criminal sanctions for corruption in the procurement of goods for infrastructure development has not been based on the legal politics of procurement of goods, so that the criminal sanctions are still unclear, because the issue of procurement of goods should not be directly subject to criminal sanctions as an ultimum remidium, considering the procurement of goods regulated by administrative law not criminal law, while criminal threats are only as a last resort when violations in the realm of procurement of goods in infrastructure development are not controlled.","PeriodicalId":34168,"journal":{"name":"Jurnal Pembaharuan Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48015813","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}
Siska Ambarwati, Yuliati Yuliati, H. N. Widhiyanti
The study aims to analyze, first, the BUMN sub-holding loss as a state loss and secondly, the responsibility of the BUMN holding company for the BUMN sub-holding loss. There is a dualism in the conception of state assets that are separated from BUMN in Indonesian laws and regulations. The research methods was normative legal research with a statutory approach and a case approach. The shares of BUMN sub-holding don’t come from the state but come from the BUMN and also the public. The capital investment which it does by the BUMN holding company to the BUMN sub-holding doesn’t make the BUMN sub-holding become a BUMN. In the Group Company, the principle of a separate entity continues to apply which leads to the principle of limited liability holding as a subsidiary shareholder. However, if BUMN as the majority shareholder has the right to actively intervene and it is proven that there is control of the company, then the principle of piercing the corporate vision can be applied. So the BUMN holding company must be responsible for BUMN sub-holding because of the control carried out by these BUMN holding companies. The results show that the BUMN sub-holding loss isn’t state loss.
{"title":"THE LOSS OF STATE-OWNED ENTERPRISE (BUMN) AS NOT STATE LOSS IN SEPARATION PRINCIPLE PERSPECTIVE","authors":"Siska Ambarwati, Yuliati Yuliati, H. N. Widhiyanti","doi":"10.26532/jph.v9i1.16148","DOIUrl":"https://doi.org/10.26532/jph.v9i1.16148","url":null,"abstract":"The study aims to analyze, first, the BUMN sub-holding loss as a state loss and secondly, the responsibility of the BUMN holding company for the BUMN sub-holding loss. There is a dualism in the conception of state assets that are separated from BUMN in Indonesian laws and regulations. The research methods was normative legal research with a statutory approach and a case approach. The shares of BUMN sub-holding don’t come from the state but come from the BUMN and also the public. The capital investment which it does by the BUMN holding company to the BUMN sub-holding doesn’t make the BUMN sub-holding become a BUMN. In the Group Company, the principle of a separate entity continues to apply which leads to the principle of limited liability holding as a subsidiary shareholder. However, if BUMN as the majority shareholder has the right to actively intervene and it is proven that there is control of the company, then the principle of piercing the corporate vision can be applied. So the BUMN holding company must be responsible for BUMN sub-holding because of the control carried out by these BUMN holding companies. The results show that the BUMN sub-holding loss isn’t state loss.","PeriodicalId":34168,"journal":{"name":"Jurnal Pembaharuan Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42336971","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 study aims to find out China's foreign policy in carrying out its economy which is characterized by its own economy, as a communist country but China does not carry out a complete communist economic system. Since 1978 the Chinese government has reformed a more planned economic system which is more market oriented. Thus the higher-ups increased the power of local leaders and installed managers in industry, allowing small-scale enterprises in services and light production. This study uses qualitative research by collecting data sources in the literature and then analyzing them according to the research objectives. China also uses politics in its economic cooperation with other countries, namely by setting the condition that countries wishing to establish cooperation with China must agree to China's claims to Taiwan and sever official relations with the Taiwanese government. Data analysis shows that China's foreign policy making is still traditional communist style, which has continued its leadership from the beginning such as Mao Zhedong to Xi Jinping. China as a communist country with foreign policy makers centered on one central command. It can be interpreted that China's foreign policy is determined by the leader of the country and the people around him. The conclusion of this study is that in deciding a Chinese foreign policy through the Think Tank group or the Politburo in its government.
{"title":"CHINA FOREIGN POLICY: A LEGAL ANALYSIS","authors":"Ma Junyu","doi":"10.26532/jph.v9i1.20482","DOIUrl":"https://doi.org/10.26532/jph.v9i1.20482","url":null,"abstract":"This study aims to find out China's foreign policy in carrying out its economy which is characterized by its own economy, as a communist country but China does not carry out a complete communist economic system. Since 1978 the Chinese government has reformed a more planned economic system which is more market oriented. Thus the higher-ups increased the power of local leaders and installed managers in industry, allowing small-scale enterprises in services and light production. This study uses qualitative research by collecting data sources in the literature and then analyzing them according to the research objectives. China also uses politics in its economic cooperation with other countries, namely by setting the condition that countries wishing to establish cooperation with China must agree to China's claims to Taiwan and sever official relations with the Taiwanese government. Data analysis shows that China's foreign policy making is still traditional communist style, which has continued its leadership from the beginning such as Mao Zhedong to Xi Jinping. China as a communist country with foreign policy makers centered on one central command. It can be interpreted that China's foreign policy is determined by the leader of the country and the people around him. The conclusion of this study is that in deciding a Chinese foreign policy through the Think Tank group or the Politburo in its government.","PeriodicalId":34168,"journal":{"name":"Jurnal Pembaharuan Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44997933","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 is a study of legal thought regarding regulation of the use of recall right or inter-time impeachment as political parties’ authority accommodated in MD3 Law. This recall authority has indirectly harmed the spirit of people’s sovereignty as the embodiment of a democratic state. To study, it was conducted by applying normative research methods (doctrinal research), and other regulations of written legal materials. Furthermore, it was based on three stages in conducting comparative construction, namely: (1) the descriptive phase, (2) the identification phase and (3) the explanatory phase. Based on the results through library research, the researchers found similarities between recall rights accommodated by Indonesia comparing to the implementation in the United States of America. Additionally, this similarity of recall right regulatory system concept can be used as a thought basis for legal constructions based on the actual legal protection of people’s sovereignty in Indonesian laws.
{"title":"THE COMPARISON OF RECALL RIGHT OR AN INTER-TIME IMPEACHMENT MECHANISM BETWEEN AMERICAN AND INDONESIAN LAW SYSTEMS","authors":"I. Pelu","doi":"10.26532/jph.v9i1.20409","DOIUrl":"https://doi.org/10.26532/jph.v9i1.20409","url":null,"abstract":"This is a study of legal thought regarding regulation of the use of recall right or inter-time impeachment as political parties’ authority accommodated in MD3 Law. This recall authority has indirectly harmed the spirit of people’s sovereignty as the embodiment of a democratic state. To study, it was conducted by applying normative research methods (doctrinal research), and other regulations of written legal materials. Furthermore, it was based on three stages in conducting comparative construction, namely: (1) the descriptive phase, (2) the identification phase and (3) the explanatory phase. Based on the results through library research, the researchers found similarities between recall rights accommodated by Indonesia comparing to the implementation in the United States of America. Additionally, this similarity of recall right regulatory system concept can be used as a thought basis for legal constructions based on the actual legal protection of people’s sovereignty in Indonesian laws.","PeriodicalId":34168,"journal":{"name":"Jurnal Pembaharuan Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43518053","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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