Pub Date : 2020-07-27DOI: 10.19184/ejlh.v7i2.17047
Jazau Elvi Hasani
Indonesia has various natural resources, including a diversity of natural and biological wealth. Article 33 paragraph (3) of the 1945 Constitution outlines that the state should control natural resources for national prosperity. Biological natural resources can appropriately situate with the conservation effort and the government plays a vital role in maintaining biological natural resources and ecosystems. The development of biological natural resources and ecosystems is essentially an integral part of sustainable national development, and efforts to conserve biological natural resources and their ecosystems are realized by analyzing and evaluating the existing legislation. This paper aims to discuss the corporate criminal liability in Indonesia in the case of the conservation of biological natural resources and ecosystems. Then, it suggests the possible revisions regarding the biological national resources legislations. Revision of the Act on the conservation of biological natural resources has started since 2018 as it is prioritized under the national legislation program. As the revision put the crucial part of the legal creation, the protection of biological natural resources and their ecosystem becomes the government's primary concern because the existing regulation still has no deterrent effect for violators. KEYWORDS: Corporate Criminal Liabilities, Biological Natural Resources and Ecosystems, Criminal Provisions.
{"title":"Corporate Criminal Liability Against the Biological Natural Resources and Ecosystems","authors":"Jazau Elvi Hasani","doi":"10.19184/ejlh.v7i2.17047","DOIUrl":"https://doi.org/10.19184/ejlh.v7i2.17047","url":null,"abstract":"Indonesia has various natural resources, including a diversity of natural and biological wealth. Article 33 paragraph (3) of the 1945 Constitution outlines that the state should control natural resources for national prosperity. Biological natural resources can appropriately situate with the conservation effort and the government plays a vital role in maintaining biological natural resources and ecosystems. The development of biological natural resources and ecosystems is essentially an integral part of sustainable national development, and efforts to conserve biological natural resources and their ecosystems are realized by analyzing and evaluating the existing legislation. This paper aims to discuss the corporate criminal liability in Indonesia in the case of the conservation of biological natural resources and ecosystems. Then, it suggests the possible revisions regarding the biological national resources legislations. Revision of the Act on the conservation of biological natural resources has started since 2018 as it is prioritized under the national legislation program. As the revision put the crucial part of the legal creation, the protection of biological natural resources and their ecosystem becomes the government's primary concern because the existing regulation still has no deterrent effect for violators. \u0000KEYWORDS: Corporate Criminal Liabilities, Biological Natural Resources and Ecosystems, Criminal Provisions.","PeriodicalId":34644,"journal":{"name":"Lentera Hukum","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-07-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42404066","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 : 2020-07-27DOI: 10.19184/ejlh.v7i2.16754
Syukri Kurniawan, H. Disemadi
Corporate Social Responsibility (CSR) is a corporate commitment to contribute to sustainable economic development by focusing on the balance between attention to economic, social, and environmental aspects. This paper argues that corporations are subject to criminal law, which can be subject to criminal liability if they do not carry out CSR obligations. This study aims to find out the linkage of sanctions arrangements and the urgency of regulations on criminal liability if the corporation does not carry out CSR obligations. In practice, CSR is only based on corporate awareness and commitment. In the meantime, CSR enforcement's most basic weakness is the absence of strict sanctions for corporations that deny CSR, especially in terms of criminal sanctions. Instead, the sanction is limited to administrative as set out in Act No. 25/2007 on Investment, with a lack of legislation governing criminal sanctions against CSR prevention. In so doing, there is a need to introduce sanctions against corporations that deny CSR, by taking into account adverse impacts to the environment and community. KEYWORDS: Corporate Social Responsibility, Criminal Liability, Corporations.
{"title":"Corporation's Criminal Liability in Indonesia: A Response to the Weak Enforcement of Corporate Social Responsibility","authors":"Syukri Kurniawan, H. Disemadi","doi":"10.19184/ejlh.v7i2.16754","DOIUrl":"https://doi.org/10.19184/ejlh.v7i2.16754","url":null,"abstract":"Corporate Social Responsibility (CSR) is a corporate commitment to contribute to sustainable economic development by focusing on the balance between attention to economic, social, and environmental aspects. This paper argues that corporations are subject to criminal law, which can be subject to criminal liability if they do not carry out CSR obligations. This study aims to find out the linkage of sanctions arrangements and the urgency of regulations on criminal liability if the corporation does not carry out CSR obligations. In practice, CSR is only based on corporate awareness and commitment. In the meantime, CSR enforcement's most basic weakness is the absence of strict sanctions for corporations that deny CSR, especially in terms of criminal sanctions. Instead, the sanction is limited to administrative as set out in Act No. 25/2007 on Investment, with a lack of legislation governing criminal sanctions against CSR prevention. In so doing, there is a need to introduce sanctions against corporations that deny CSR, by taking into account adverse impacts to the environment and community. \u0000KEYWORDS: Corporate Social Responsibility, Criminal Liability, Corporations.","PeriodicalId":34644,"journal":{"name":"Lentera Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-07-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44629600","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 : 2020-07-27DOI: 10.19184/ejlh.v7i2.17805
Yusuf Adiwibowo
Sanitary and Phytosanitary (SPS) is a procedure to protect human, animal or plant life or health set in Article XX(b) of the General Agreement on Tariffs and Trade (GATT). This Agreement authorizes the government to arrange a policy, but this domestic measure often results in a trade dispute. Therefore, this study enquires to extent measure on the scientific principles in food safety comply with Article XX (b) GATT. In the context, each WTO Member State has two options to show that measures of handling problems related to SPS are based on science, as outlined in Article XX (b) GATT must be measured by scientific principles. First, actions can be based on international standards so that each member state must adopt the Codex Alimentarius Commission. Second, actions can be based on Scientific Risk Assessment. SPS Agreement recognizes the right of states to maintain standards that are more stringent than international standards, or because international standards do not exist. Relevant scientific principles are useful for measurable events that have scientific information beforehand so that the state's policy can be guided by the existing measures. In vice versa, members may temporarily determine sanitary or phytosanitary actions based on available information. KEYWORDS: Scientific Principles, Food Safety, Sanitary and Phytosanitary Measures, World Trade Organization.
{"title":"Scientific Principles of Food Safety in the Agreement on Sanitary and Phytosanitary Measures","authors":"Yusuf Adiwibowo","doi":"10.19184/ejlh.v7i2.17805","DOIUrl":"https://doi.org/10.19184/ejlh.v7i2.17805","url":null,"abstract":"Sanitary and Phytosanitary (SPS) is a procedure to protect human, animal or plant life or health set in Article XX(b) of the General Agreement on Tariffs and Trade (GATT). This Agreement authorizes the government to arrange a policy, but this domestic measure often results in a trade dispute. Therefore, this study enquires to extent measure on the scientific principles in food safety comply with Article XX (b) GATT. In the context, each WTO Member State has two options to show that measures of handling problems related to SPS are based on science, as outlined in Article XX (b) GATT must be measured by scientific principles. First, actions can be based on international standards so that each member state must adopt the Codex Alimentarius Commission. Second, actions can be based on Scientific Risk Assessment. SPS Agreement recognizes the right of states to maintain standards that are more stringent than international standards, or because international standards do not exist. Relevant scientific principles are useful for measurable events that have scientific information beforehand so that the state's policy can be guided by the existing measures. In vice versa, members may temporarily determine sanitary or phytosanitary actions based on available information. \u0000KEYWORDS: Scientific Principles, Food Safety, Sanitary and Phytosanitary Measures, World Trade Organization.","PeriodicalId":34644,"journal":{"name":"Lentera Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-07-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47231976","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 : 2020-06-05DOI: 10.21093/lentera.v4i1.2067
Robeet Thadi
This paper aims at descriptively revealing the impression management regarding self-presentation of da’i migran (migrant preachers) in Bengkulu that includes: front stage and back stage within the communication process of everyday social life. This research applies qualitative approach within the tradition of dramaturgy. Data were collected through observation, interview and documentation. Findings reveal that the life of migrant preachers that occur in the front stages are very different with those that happened in the back stages. When he/she is in his/her front stages, a migrant preacher is required to act in a distinct manner to match his/her role such as exemplary role, polite in speaking, appropriate and proper in dressings, and live a humble life. In his/her back stage, a migrant preacher is free from such norms since there are no one to watch him/her. Here, a migrant preacher can live his/her take off his/her social mask and can life more authentically because without having to follow the instructions as she/he has to do in the front stage. Keywords: Da'wah activities, dramaturgy, migrant preachers and self-presentation
{"title":"Studi Dramaturgi Presentasi Diri Da’i Migran di Kota Bengkulu","authors":"Robeet Thadi","doi":"10.21093/lentera.v4i1.2067","DOIUrl":"https://doi.org/10.21093/lentera.v4i1.2067","url":null,"abstract":"This paper aims at descriptively revealing the impression management regarding self-presentation of da’i migran (migrant preachers) in Bengkulu that includes: front stage and back stage within the communication process of everyday social life. This research applies qualitative approach within the tradition of dramaturgy. Data were collected through observation, interview and documentation. Findings reveal that the life of migrant preachers that occur in the front stages are very different with those that happened in the back stages. When he/she is in his/her front stages, a migrant preacher is required to act in a distinct manner to match his/her role such as exemplary role, polite in speaking, appropriate and proper in dressings, and live a humble life. In his/her back stage, a migrant preacher is free from such norms since there are no one to watch him/her. Here, a migrant preacher can live his/her take off his/her social mask and can life more authentically because without having to follow the instructions as she/he has to do in the front stage. Keywords: Da'wah activities, dramaturgy, migrant preachers and self-presentation","PeriodicalId":34644,"journal":{"name":"Lentera Hukum","volume":"70 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-06-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86808603","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 : 2020-06-03DOI: 10.21093/lentera.v4i1.2003
Amirullah Amirullah
As an attempt to create a balance between intellectual and spiritual quotients among students, the ministry of religious affairs of Indonesia has initiated a flagship program of Madrasah Aliyah (MA) Unggulan applying boarding school system for all the students. This paper, thus, aims at understanding the strategy of religious coaching at state-funded MA Insan Cendekia in Paser Regency as one of the Indonesian Ministry of Religious Affairs’ pilot program. This paper utilizes qualitative approach in analyzing data acquired through in-depth interviews with teachers and administrators at the school (MAN Insan Cendekia Paser). Findings reveal that the strategy of religious coaching applied by the school is the manifestation of its motto; performance, autonomy, and Islamic piety. The motto is translated into inspirational teacher program aimed at constructing students’ autonomy through religious, organizational, and instructional programs.Keywords: coaching strategy, madrassa students, and religious coaching.
为了在学生的智力和精神智商之间建立平衡，印度尼西亚宗教事务部发起了一项旗舰计划，即对所有学生实行寄宿学校制度的伊斯兰学校(MA) Unggulan。因此，本文旨在了解国家资助的Paser Regency MA Insan Cendekia作为印度尼西亚宗教事务部试点项目之一的宗教指导策略。本文采用定性方法分析通过对学校教师和管理人员的深度访谈获得的数据(MAN Insan Cendekia Paser)。研究发现，学校采用的宗教辅导策略是学校校训的体现;表现、自主和对伊斯兰教的虔诚这句格言被翻译成励志教师计划，旨在通过宗教、组织和教学计划建立学生的自主性。关键词:教练策略，伊斯兰学校学生，宗教教练。
{"title":"Strategi Pembinaan Aktivitas Keagamaan Siswa di Madrasah Aliyah Negeri Insan Cendekia (MAN-IC) Kabupaten Paser","authors":"Amirullah Amirullah","doi":"10.21093/lentera.v4i1.2003","DOIUrl":"https://doi.org/10.21093/lentera.v4i1.2003","url":null,"abstract":"As an attempt to create a balance between intellectual and spiritual quotients among students, the ministry of religious affairs of Indonesia has initiated a flagship program of Madrasah Aliyah (MA) Unggulan applying boarding school system for all the students. This paper, thus, aims at understanding the strategy of religious coaching at state-funded MA Insan Cendekia in Paser Regency as one of the Indonesian Ministry of Religious Affairs’ pilot program. This paper utilizes qualitative approach in analyzing data acquired through in-depth interviews with teachers and administrators at the school (MAN Insan Cendekia Paser). Findings reveal that the strategy of religious coaching applied by the school is the manifestation of its motto; performance, autonomy, and Islamic piety. The motto is translated into inspirational teacher program aimed at constructing students’ autonomy through religious, organizational, and instructional programs.Keywords: coaching strategy, madrassa students, and religious coaching. ","PeriodicalId":34644,"journal":{"name":"Lentera Hukum","volume":"50 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75376313","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 : 2020-04-04DOI: 10.19184/EJLH.V7I1.13953
Muhammad Addi Fauzani, Nur Aqmarina Deladetama, Muhammad Basrun, M. K. Anam
The discussion regarding the living constitution in Indonesia has been increasingly important. The importance of this discussion deals with to the extent it has developed, particularly after Indonesia's constitutional amendment from 1999 to 2002. The current study of constitutional change in Indonesia, as a result of the constitutional amendment during Reformation, adds an emphasis on its change without a formal amendment. Thus, this paper will discuss the urgency of enforcing the amended 1945 Constitution in the lens of the living constitution and how to uphold it through the living constitution. This study uses doctrinal research and, in examining the case, it uses the statutory and conceptual approaches. The result of the study shows that the urgency of upholding the constitution through the living constitution relies on the concept of the living constitution that can dynamize the 1945 Constitution. In response to difficulties to formally amend the 1945 Constitution that depends on political will and rigid juridical condition, there should be a shift in the method of interpretation of the constitution by the Constitutional Court judges, from originalism to the living constitution. The enforcement of the 1945 Constitution through the living constitution can apply the constitutional convention and the interpretation by constitutional judges. This study suggests that the Government and the House of Representatives and other relevant state institutions can use the living constitution, by taking into account the constitutional convention is a source in the organization of the state to patch up the weaknesses of the constitution. Keywords: Living Constitution, Constitutional Changes, Formal Amendment.
{"title":"Living Constitution in Indonesia: The Study of Constitutional Changes Without A Formal Amendment","authors":"Muhammad Addi Fauzani, Nur Aqmarina Deladetama, Muhammad Basrun, M. K. Anam","doi":"10.19184/EJLH.V7I1.13953","DOIUrl":"https://doi.org/10.19184/EJLH.V7I1.13953","url":null,"abstract":"The discussion regarding the living constitution in Indonesia has been increasingly important. The importance of this discussion deals with to the extent it has developed, particularly after Indonesia's constitutional amendment from 1999 to 2002. The current study of constitutional change in Indonesia, as a result of the constitutional amendment during Reformation, adds an emphasis on its change without a formal amendment. Thus, this paper will discuss the urgency of enforcing the amended 1945 Constitution in the lens of the living constitution and how to uphold it through the living constitution. This study uses doctrinal research and, in examining the case, it uses the statutory and conceptual approaches. The result of the study shows that the urgency of upholding the constitution through the living constitution relies on the concept of the living constitution that can dynamize the 1945 Constitution. In response to difficulties to formally amend the 1945 Constitution that depends on political will and rigid juridical condition, there should be a shift in the method of interpretation of the constitution by the Constitutional Court judges, from originalism to the living constitution. The enforcement of the 1945 Constitution through the living constitution can apply the constitutional convention and the interpretation by constitutional judges. This study suggests that the Government and the House of Representatives and other relevant state institutions can use the living constitution, by taking into account the constitutional convention is a source in the organization of the state to patch up the weaknesses of the constitution. \u0000Keywords: Living Constitution, Constitutional Changes, Formal Amendment.","PeriodicalId":34644,"journal":{"name":"Lentera Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-04-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48142216","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 : 2020-04-04DOI: 10.19184/EJLH.V7I1.14434
Jay Jayus, Muhammad Bahrul Ulum, Moch. Marsa Taufiqurrohman
This study aims to discuss the existing contentious recall policy that becomes the legitimate reason to replace or retire the House member proposed by political parties. The discussion also examines to what extent recall, in practice, whether it enables the promotion of Indonesia's anti-corruption agenda. Through the recall, political parties can withdraw their members in the House, either in the form of dismissal or changing positions before the end of the term of office of members who sit in the House of representatives. This study finds that the existing recall policy impedes democracy and negates how to eradicate corruption in Indonesia. As a result, the current policy needs an option to ensure that recall will work as it is expected. Therefore, this alternative should include constituents to propose recall, which will disrupt the existing parties' domination, resulted in a more participatory system, and it reflects the more reciprocal ways to link people, parties, and the House in Indonesian politics. The judiciary's role is another essential aspect to highlight, in which the process and settlement of the recall may involve the Constitutional Court as the hub of the political and constitutional settlement. KEYWORDS: Indonesian Democracy, Anti-Corruption Agenda, Recall Policy, Political System.
{"title":"Examining Recall of the House Member: How Does It Impact on Eradicating Corruption in Indonesia?","authors":"Jay Jayus, Muhammad Bahrul Ulum, Moch. Marsa Taufiqurrohman","doi":"10.19184/EJLH.V7I1.14434","DOIUrl":"https://doi.org/10.19184/EJLH.V7I1.14434","url":null,"abstract":"This study aims to discuss the existing contentious recall policy that becomes the legitimate reason to replace or retire the House member proposed by political parties. The discussion also examines to what extent recall, in practice, whether it enables the promotion of Indonesia's anti-corruption agenda. Through the recall, political parties can withdraw their members in the House, either in the form of dismissal or changing positions before the end of the term of office of members who sit in the House of representatives. This study finds that the existing recall policy impedes democracy and negates how to eradicate corruption in Indonesia. As a result, the current policy needs an option to ensure that recall will work as it is expected. Therefore, this alternative should include constituents to propose recall, which will disrupt the existing parties' domination, resulted in a more participatory system, and it reflects the more reciprocal ways to link people, parties, and the House in Indonesian politics. The judiciary's role is another essential aspect to highlight, in which the process and settlement of the recall may involve the Constitutional Court as the hub of the political and constitutional settlement. \u0000KEYWORDS: Indonesian Democracy, Anti-Corruption Agenda, Recall Policy, Political System.","PeriodicalId":34644,"journal":{"name":"Lentera Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-04-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42991744","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 : 2020-04-04DOI: 10.19184/EJLH.V7I1.16916
Ayu Izza Elvany
This paper analyzes how formulation policy of lobster seeds smuggling regulated in Indonesian law to optimize the effectiveness of illegal fishing enforcement, considering penal policy is the basis of criminal law operationalization. This research uses both statute approach and conceptual approach as legal research methods to analyze the issued legal problem. Fishery law in Indonesia regulated in Law No. 45 of 2009 amending Law No. 31 of 2004 concerning Fishery, especially Articles 88 and 16 paragraph (1) which cover the formulation policy of lobster seeds smuggling enforcement. This study will be analyzed into three aspects which are the conduct (the criminal offense), criminal liability, and sentencing system. The result shows that law enforcement regarding the smuggling of lobster seeds in Indonesia is ineffective due to the nonexistence of corporate criminal liability in the fishery law and its sentencing system is lack of both the specific minimum penalty regulation and the penal measures as criminal punishment. However, the draft of the fishery law has already set corporate criminal liability; hence it also regulates the penal measures, in the form of secondary sanctions. Nevertheless, instead of enacting the specific minimum penalty, the draft only determined the maximum penalty as well. Keywords: Formulation Policy, Fishery Law, Lobster Seeds Smuggling.
{"title":"Formulation Policy Regarding the Smuggling of Lobster Seeds in Indonesia","authors":"Ayu Izza Elvany","doi":"10.19184/EJLH.V7I1.16916","DOIUrl":"https://doi.org/10.19184/EJLH.V7I1.16916","url":null,"abstract":"This paper analyzes how formulation policy of lobster seeds smuggling regulated in Indonesian law to optimize the effectiveness of illegal fishing enforcement, considering penal policy is the basis of criminal law operationalization. This research uses both statute approach and conceptual approach as legal research methods to analyze the issued legal problem. Fishery law in Indonesia regulated in Law No. 45 of 2009 amending Law No. 31 of 2004 concerning Fishery, especially Articles 88 and 16 paragraph (1) which cover the formulation policy of lobster seeds smuggling enforcement. This study will be analyzed into three aspects which are the conduct (the criminal offense), criminal liability, and sentencing system. The result shows that law enforcement regarding the smuggling of lobster seeds in Indonesia is ineffective due to the nonexistence of corporate criminal liability in the fishery law and its sentencing system is lack of both the specific minimum penalty regulation and the penal measures as criminal punishment. However, the draft of the fishery law has already set corporate criminal liability; hence it also regulates the penal measures, in the form of secondary sanctions. Nevertheless, instead of enacting the specific minimum penalty, the draft only determined the maximum penalty as well. \u0000Keywords: Formulation Policy, Fishery Law, Lobster Seeds Smuggling.","PeriodicalId":34644,"journal":{"name":"Lentera Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-04-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49215817","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 : 2019-12-31DOI: 10.19184/ejlh.v6i3.13709
Phet Sengpunya
In the era of digital, the internet has become a new channel for meeting and social interaction of people all around the world, and it has also become an essential platform for commercial activities, especially e-commerce. E-commerce has become a significant driving force for the growth of the economy for all regions around the world. For example, ASEAN, ICT, and e-commerce are recognized as an essential segment for regional integration. ASEAN developed its legal framework in order to promote and facilitate the development of ICT and the growth of e-commerce within the region. Unlike the European Union, ASEAN is not a supranational organization, and it cannot legislate for a whole community. Thus its e-commerce legal framework is developed by harmonizing the Member Countries' national laws into the regional legal system. This paper aims to introduce how ASEAN designs its legal framework for regional cooperation, with a focus on e-commerce. The paper presents how Lao PDR, as a member country of ASEAN, fulfills provisions agreed under the e-ASEAN framework to help understand the way ASEAN Member Countries undertake action to align with ASEAN e-commerce legal framework. To this end, this paper also provides an overview of the e-commerce of ASEAN as a whole and Lao PDR. Keywords: ASEAN, Lao PDR, E-Commerce Legal Framework, Regional Legal System.
{"title":"ASEAN E-Commerce Legal Framework and Alignment of Lao PDR: A Review","authors":"Phet Sengpunya","doi":"10.19184/ejlh.v6i3.13709","DOIUrl":"https://doi.org/10.19184/ejlh.v6i3.13709","url":null,"abstract":"In the era of digital, the internet has become a new channel for meeting and social interaction of people all around the world, and it has also become an essential platform for commercial activities, especially e-commerce. E-commerce has become a significant driving force for the growth of the economy for all regions around the world. For example, ASEAN, ICT, and e-commerce are recognized as an essential segment for regional integration. ASEAN developed its legal framework in order to promote and facilitate the development of ICT and the growth of e-commerce within the region. Unlike the European Union, ASEAN is not a supranational organization, and it cannot legislate for a whole community. Thus its e-commerce legal framework is developed by harmonizing the Member Countries' national laws into the regional legal system. This paper aims to introduce how ASEAN designs its legal framework for regional cooperation, with a focus on e-commerce. The paper presents how Lao PDR, as a member country of ASEAN, fulfills provisions agreed under the e-ASEAN framework to help understand the way ASEAN Member Countries undertake action to align with ASEAN e-commerce legal framework. To this end, this paper also provides an overview of the e-commerce of ASEAN as a whole and Lao PDR. \u0000Keywords: ASEAN, Lao PDR, E-Commerce Legal Framework, Regional Legal System.","PeriodicalId":34644,"journal":{"name":"Lentera Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44853619","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 : 2019-11-18DOI: 10.21093/lentera.v3i1.1462
Thibbur Ruhany
The 2019 election is so special, apart from the rising political temperature in Indonesia, the elections is also like a rematch of the 2014 elections that brought together two strong candidates, Joko Widodo and Prabowo Subianto as presidential candidates. Each candidate collides with ideas to win public sympathy and influence voter behavior through political advertising. This study will examine the ideas of Jokowi and Prabowo's government through political advertising. The advertisement that will be used as the main analytical material in this paper is political advertising on social media through the Youtube platform, namely the Sarjana Kerja Kerja Kerja! and the advertisement of Arwah si Manis Jembatan Ancur. Findings suggest that in packaging the ideas related to their campaign programs, each candidate has different communication styles and approaches. Sarjana Kerja Kerja Kerja! contains criticism of Indonesia Kerja slogan. This advertisement conveys reality criticism that is not in accordance with Jokowi's Nawacita expectations and offers solutions to changes in the economic system, prosperous, and independent Indonesia. Whereas through the political campaign si Manis Jembatan Ancur, a message was found on the success of infrastructure development in the Jokowi era which was not only focused on big cities but also to remote villages as illustrated in the background of the advertisement. In this advertisement there is a campaign content where one of them is the figure of cleric who has many similarities with Jokowi's vice-presidential candidate, K.H. Ma'ruf Amin is synonymous with santri. Key Words; Semiotics, Sanders Pierce, Political Campaign, Jokowi Prabowo
2019年的选举非常特别，除了印尼的政治温度上升之外，这次选举也像是2014年选举的复赛，当时两名强有力的候选人，佐科·维多多和普拉博沃·苏比安托成为总统候选人。每位候选人都以思想碰撞来赢得公众的同情，并通过政治广告影响选民的行为。这项研究将通过政治广告来检验佐科威和普拉博沃政府的想法。本文主要分析材料的广告是通过Youtube平台在社交媒体上的政治广告，即Sarjana Kerja Kerja Kerja!以及Arwah si Manis Jembatan Ancur的广告。研究结果表明，在包装与他们的竞选计划有关的想法时，每个候选人都有不同的沟通风格和方法。真棒，真棒，真棒!包含批评印尼的口号。这则广告传达了现实的批评，不符合佐科威的纳瓦奇塔期望，并提供了解决方案，以改变经济制度，繁荣和独立的印度尼西亚。然而，通过政治竞选si Manis Jembatan Ancur，人们发现了一个信息，即Jokowi时代基础设施发展的成功，不仅集中在大城市，也集中在偏远的村庄，如广告背景所示。在这个广告中有一个竞选内容，其中一个是神职人员的形象，他与佐科维的副总统候选人有很多相似之处，K.H. Ma'ruf Amin是santri的同义词。关键字;符号学，桑德斯·皮尔斯，政治运动，佐科维·普拉博沃
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