Pub Date : 2023-10-25DOI: 10.55908/sdgs.v11i10.1279
Anuja Shivraj Rane, Deepashri Sidharaj Choudhari
Objective: The objective of the instant paper is to examine and potentially support the claim that fundamental rights guaranteed by the Indian Constitution, such as freedom of religion, despite reservations from cultural relativists, can be seen as emerging elements of constitutional morality. This examination will be based on a comprehensive analysis of judicial decisions, scholarly publications, and juristic opinions. Methodology of the Study: The study will analyse relevant judicial decisions, including landmark cases related to fundamental rights, especially freedom of religion, to understand how the Indian judiciary has interpreted and applied these rights. This will involve examining how the courts have balanced cultural relativism concerns with the principles of constitutional morality. Conclusion: The paper emphasizes the importance of universal human rights and argues against dismissing them due to their Western origin. It advocates for the acceptance of human rights across all cultures. The text acknowledges the complex interaction between law and religious culture, with an emphasis on individual morality. It highlights the value of human dignity within the Indian Constitution, aiming to balance individual rights with the state's duty to ensure equality. The paper also prioritizes women's rights and opposes customs that infringe upon them. It mentions Article 25 of the Indian Constitution, which secures freedom of religion with some limitations. In summary, the passage supports universal human rights, addresses the challenges at the intersection of law and religious culture, and stresses the importance of individual rights and dignity within constitutional morality. Result: The findings of this paper will aim to provide a nuanced understanding of the relationship between fundamental rights, cultural relativism, and constitutional morality in the Indian context. It will shed light on whether fundamental rights, especially freedom of religion, can be considered as emerging elements of constitutional morality despite reservations from cultural relativists. The study will present an analysis of judicial dicta, scholarly publications, and juristic opinions to support its conclusions and contribute to the ongoing discourse on these complex and significant issues within Indian constitutional law.
{"title":"Constitutional Morality Vis-À-Vis Cultural Relativism in India","authors":"Anuja Shivraj Rane, Deepashri Sidharaj Choudhari","doi":"10.55908/sdgs.v11i10.1279","DOIUrl":"https://doi.org/10.55908/sdgs.v11i10.1279","url":null,"abstract":"Objective: The objective of the instant paper is to examine and potentially support the claim that fundamental rights guaranteed by the Indian Constitution, such as freedom of religion, despite reservations from cultural relativists, can be seen as emerging elements of constitutional morality. This examination will be based on a comprehensive analysis of judicial decisions, scholarly publications, and juristic opinions. Methodology of the Study: The study will analyse relevant judicial decisions, including landmark cases related to fundamental rights, especially freedom of religion, to understand how the Indian judiciary has interpreted and applied these rights. This will involve examining how the courts have balanced cultural relativism concerns with the principles of constitutional morality. Conclusion: The paper emphasizes the importance of universal human rights and argues against dismissing them due to their Western origin. It advocates for the acceptance of human rights across all cultures. The text acknowledges the complex interaction between law and religious culture, with an emphasis on individual morality. It highlights the value of human dignity within the Indian Constitution, aiming to balance individual rights with the state's duty to ensure equality. The paper also prioritizes women's rights and opposes customs that infringe upon them. It mentions Article 25 of the Indian Constitution, which secures freedom of religion with some limitations. In summary, the passage supports universal human rights, addresses the challenges at the intersection of law and religious culture, and stresses the importance of individual rights and dignity within constitutional morality. Result: The findings of this paper will aim to provide a nuanced understanding of the relationship between fundamental rights, cultural relativism, and constitutional morality in the Indian context. It will shed light on whether fundamental rights, especially freedom of religion, can be considered as emerging elements of constitutional morality despite reservations from cultural relativists. The study will present an analysis of judicial dicta, scholarly publications, and juristic opinions to support its conclusions and contribute to the ongoing discourse on these complex and significant issues within Indian constitutional law.","PeriodicalId":41277,"journal":{"name":"McGill International Journal of Sustainable Development Law and Policy","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135166851","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-25DOI: 10.55908/sdgs.v11i10.1261
None Suwito, Deni Setiyawan, Mohamad Hidayat Muhtar, None Ahmad
Objective: This paper aims to elaborate on the morality of law enforcement in Indonesia today and how to reflect on law enforcement in Indonesia in the future. This paper uses a normative type of writing using a statutory, case, and comparative approach. Method: This paper is then analyzed using the Prescriptive analysis technique. Result: This paper shows that the morality of law enforcement in Indonesia today can be seen from several things: inconsistent law enforcement, corruption among law enforcement officials, law enforcement by violating the law, and selective law enforcement. The reflection of law enforcement in Indonesia in the future based on morality must be based on strengthening several aspects: strengthening integrity and ethics in law enforcement, transparency and accountability in the law enforcement process, revamping the legal system and institutions, and increasing legal awareness. Conclusion: The authors of this research want to learn more about and reflect on the moral dimensions of Indonesia's police force. This research aims to provide light on how morality influences the behavior of law enforcement officials by researching law enforcement methods, ethics, and justice. The study's findings should serve as a springboard for implementing more just rules and procedures in Indonesia's law enforcement.
{"title":"Contemplating the Morality of Law Enforcement in Indonesia","authors":"None Suwito, Deni Setiyawan, Mohamad Hidayat Muhtar, None Ahmad","doi":"10.55908/sdgs.v11i10.1261","DOIUrl":"https://doi.org/10.55908/sdgs.v11i10.1261","url":null,"abstract":"Objective: This paper aims to elaborate on the morality of law enforcement in Indonesia today and how to reflect on law enforcement in Indonesia in the future. This paper uses a normative type of writing using a statutory, case, and comparative approach. Method: This paper is then analyzed using the Prescriptive analysis technique. Result: This paper shows that the morality of law enforcement in Indonesia today can be seen from several things: inconsistent law enforcement, corruption among law enforcement officials, law enforcement by violating the law, and selective law enforcement. The reflection of law enforcement in Indonesia in the future based on morality must be based on strengthening several aspects: strengthening integrity and ethics in law enforcement, transparency and accountability in the law enforcement process, revamping the legal system and institutions, and increasing legal awareness. Conclusion: The authors of this research want to learn more about and reflect on the moral dimensions of Indonesia's police force. This research aims to provide light on how morality influences the behavior of law enforcement officials by researching law enforcement methods, ethics, and justice. The study's findings should serve as a springboard for implementing more just rules and procedures in Indonesia's law enforcement.","PeriodicalId":41277,"journal":{"name":"McGill International Journal of Sustainable Development Law and Policy","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135166561","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-25DOI: 10.55908/sdgs.v11i10.1787
Arif Prasetyo Wibowo, Elly Hasan Sadeli, Onok Yayang Pamungkas, Dedy Irawan, Sri Muryaningsih, Efi Miftah Faridli
Objective: Multiculturalism serves as the root cause of social divisiveness worldwide, including in Indonesia. Meanwhile, literature is often regarded as a medium for cultivating multiculturalism among the populace. Therefore, this research seeks to examine the literature's role in fostering awareness of multiculturalism in Indonesian society.
Method: The research employs the survey method. The research instrument utilizes a questionnaire containing inquiries pertaining to the comprehension of multiculturalism. The respondents' data amounts to 382. The data source is an online survey platform disseminated through Google Forms.
Results: Literature is crucial in enhancing the understanding of multiculturalism within Indonesian society. It broadens horizons to appreciate differences and contemplate the values of diversity. Furthermore, literature facilitates intercultural dialogue and awareness of societal pluralism. Despite encountering challenges, literature also harbors significant opportunities to assume a greater role in advancing the comprehension of multiculturalism in Indonesian society. Hence, it is imperative to continuously support and promote literature, integrating it into education and public awareness to achieve an inclusive, tolerant, and diversity-respecting society.
Conclusions: Literature plays a crucial role in enhancing the understanding and appreciation of multiculturalism among the populace in Indonesia. It possesses a potent potential to shape an inclusive, tolerant, and mutually respectful society within an environment replete with diversity.
{"title":"Multiculturalism in Indonesia: How Does Literature Affect the Development of Diversity?","authors":"Arif Prasetyo Wibowo, Elly Hasan Sadeli, Onok Yayang Pamungkas, Dedy Irawan, Sri Muryaningsih, Efi Miftah Faridli","doi":"10.55908/sdgs.v11i10.1787","DOIUrl":"https://doi.org/10.55908/sdgs.v11i10.1787","url":null,"abstract":"Objective: Multiculturalism serves as the root cause of social divisiveness worldwide, including in Indonesia. Meanwhile, literature is often regarded as a medium for cultivating multiculturalism among the populace. Therefore, this research seeks to examine the literature's role in fostering awareness of multiculturalism in Indonesian society.
 
 Method: The research employs the survey method. The research instrument utilizes a questionnaire containing inquiries pertaining to the comprehension of multiculturalism. The respondents' data amounts to 382. The data source is an online survey platform disseminated through Google Forms.
 
 Results: Literature is crucial in enhancing the understanding of multiculturalism within Indonesian society. It broadens horizons to appreciate differences and contemplate the values of diversity. Furthermore, literature facilitates intercultural dialogue and awareness of societal pluralism. Despite encountering challenges, literature also harbors significant opportunities to assume a greater role in advancing the comprehension of multiculturalism in Indonesian society. Hence, it is imperative to continuously support and promote literature, integrating it into education and public awareness to achieve an inclusive, tolerant, and diversity-respecting society.
 
 Conclusions: Literature plays a crucial role in enhancing the understanding and appreciation of multiculturalism among the populace in Indonesia. It possesses a potent potential to shape an inclusive, tolerant, and mutually respectful society within an environment replete with diversity.","PeriodicalId":41277,"journal":{"name":"McGill International Journal of Sustainable Development Law and Policy","volume":"23 4","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135168419","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-23DOI: 10.55908/sdgs.v11i10.1760
Nguyen Mai Han, Mac Giang Chau, Nguyen Bao Duy
Objective: Improve the legal provisions on the mechanism for implementing successful mediation agreements according to Vietnam Commercial Mediation law.
Method: Methods used in this article include: writing law analysis, comparative method, and data collected from documentation... to compare and analyze The successful mediation enforcement mechanism under Vietnamese law and some countries such as Germany, the United States, Australia, and Singapore.
Result: Resolved inadequacies in recognizing a “Successful mediation agreement”; Proposed to develop regulations on the mechanism of implementing a successful mediation agreement within the scope of the law on commercial mediation, the law on handling administrative violations, and the law on enforcement of civil judgments.
Conclusion: This study contributes to orienting, perfecting, and resolving shortcomings related to the key role of the commercial mediator, improving security principles, and simplifying processes to recognize a “Successful settlement agreement”. This important legal foundation helps the Commercial Mediation method operate effectively.
{"title":"Perfecting the Mechanism of Successful Mediation Agreement Under the Laws of Vietnam and the Experience of Germany, USA, Australia, and Singapore","authors":"Nguyen Mai Han, Mac Giang Chau, Nguyen Bao Duy","doi":"10.55908/sdgs.v11i10.1760","DOIUrl":"https://doi.org/10.55908/sdgs.v11i10.1760","url":null,"abstract":"Objective: Improve the legal provisions on the mechanism for implementing successful mediation agreements according to Vietnam Commercial Mediation law.
 
 Method: Methods used in this article include: writing law analysis, comparative method, and data collected from documentation... to compare and analyze The successful mediation enforcement mechanism under Vietnamese law and some countries such as Germany, the United States, Australia, and Singapore.
 
 Result: Resolved inadequacies in recognizing a “Successful mediation agreement”; Proposed to develop regulations on the mechanism of implementing a successful mediation agreement within the scope of the law on commercial mediation, the law on handling administrative violations, and the law on enforcement of civil judgments.
 
 Conclusion: This study contributes to orienting, perfecting, and resolving shortcomings related to the key role of the commercial mediator, improving security principles, and simplifying processes to recognize a “Successful settlement agreement”. This important legal foundation helps the Commercial Mediation method operate effectively.","PeriodicalId":41277,"journal":{"name":"McGill International Journal of Sustainable Development Law and Policy","volume":"40 8","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135414857","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-23DOI: 10.55908/sdgs.v11i10.620
Aditya Putra, Reza Fathurrahman
Purpose: This research aims to enhance the quality of online tax services in Indonesia by identifying and addressing service-related issues, offering practical solutions, and paving the way for future research endeavors that can further refine and optimize digital governance in the tax domain. Theoretical Reference: This study draws upon theoretical frameworks related to service quality assessment and evaluation in the context of online government services. By integrating these theoretical perspectives, this research seeks to analyze online tax service quality in Indonesia comprehensively and offer practical solutions to address the identified issues. Method: Various researchers studied service quality, from manual to electronic service, and different countries. However, almost all of them used a quantitative approach, which sometimes cannot explain the reason behind events. For these reasons, this research chose a qualitative approach to evaluate online tax service quality owned by the Directorate General of Taxes by observing, documenting, and interviewing. The interviewees were taxpayers and the Directorate General of Taxes’ employees, connecting both views. Results and Discussion: It turns out that the current service, in general, can fulfill taxpayers’ needs to a certain degree, and the taxpayers are satisfied. This research also addressed several problems related to the online tax service, such as server capability, internal communication, understaffing, and ICT infrastructure problems. Implications of Research: The findings of this research hold significant implications for policymakers and practitioners in the field of online tax services in Indonesia. Originality/value: This research contributes to the tax field by presenting solutions related to the problems of tax service quality. This study contributes to the existing body of knowledge in online tax services and e-government in several distinctive ways, adding originality and value to the academic and practical discourse. Conclusion: The current online tax service quality is generally sufficient to satisfy taxpayers. The problems that cause some taxpayers to feel dissatisfied or complain are prominently directed to the server capacity, human resources, the DGT’s internal communication, and the digital divide.
{"title":"Online Tax Service Quality in Indonesia After Sixteen Years: Taxpayers’ and Tax Authority’s Point of Views","authors":"Aditya Putra, Reza Fathurrahman","doi":"10.55908/sdgs.v11i10.620","DOIUrl":"https://doi.org/10.55908/sdgs.v11i10.620","url":null,"abstract":"Purpose: This research aims to enhance the quality of online tax services in Indonesia by identifying and addressing service-related issues, offering practical solutions, and paving the way for future research endeavors that can further refine and optimize digital governance in the tax domain. Theoretical Reference: This study draws upon theoretical frameworks related to service quality assessment and evaluation in the context of online government services. By integrating these theoretical perspectives, this research seeks to analyze online tax service quality in Indonesia comprehensively and offer practical solutions to address the identified issues. Method: Various researchers studied service quality, from manual to electronic service, and different countries. However, almost all of them used a quantitative approach, which sometimes cannot explain the reason behind events. For these reasons, this research chose a qualitative approach to evaluate online tax service quality owned by the Directorate General of Taxes by observing, documenting, and interviewing. The interviewees were taxpayers and the Directorate General of Taxes’ employees, connecting both views. Results and Discussion: It turns out that the current service, in general, can fulfill taxpayers’ needs to a certain degree, and the taxpayers are satisfied. This research also addressed several problems related to the online tax service, such as server capability, internal communication, understaffing, and ICT infrastructure problems. Implications of Research: The findings of this research hold significant implications for policymakers and practitioners in the field of online tax services in Indonesia. Originality/value: This research contributes to the tax field by presenting solutions related to the problems of tax service quality. This study contributes to the existing body of knowledge in online tax services and e-government in several distinctive ways, adding originality and value to the academic and practical discourse. Conclusion: The current online tax service quality is generally sufficient to satisfy taxpayers. The problems that cause some taxpayers to feel dissatisfied or complain are prominently directed to the server capacity, human resources, the DGT’s internal communication, and the digital divide.","PeriodicalId":41277,"journal":{"name":"McGill International Journal of Sustainable Development Law and Policy","volume":"47 7","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135414864","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-23DOI: 10.55908/sdgs.v11i10.1761
Anna Ashot Bayadyan
Purpose: The main purpose of the study is the comparative analysis of total capital, total assets, net profit, return on assets (ROA), return on equity (ROE) and net interest margin (NIM) of 17 commercial banks operating in Armenia for several years are presented, the advantages and disadvantages of the banks with high and low results in the above-noted indicators have been briefly commented on.
Theoretical framework: Currently, the banking system of Armenia is the most developed one in comparison with other sectors of the economy, as the processes of attracting deposits, providing loans and fulfilling the standards set for commercial banks are regulated in line with the world experience. The object of study is operational environment of the banks.
Design/methodology/approach: The profitability indicators are considered to be the most basic tool for assessing the efficiency of operations carried out by commercial banks. Methodological tools of the study methods were interest income, interest expense and average annual return on profitable assets, which were analyzed separately.
Findings: The relevance of this scientific problem decision is that the negative consequences the COVID-19 pandemic within the business environment of the Armenian banking system have been studied.
Research, Practical & Social implications: In the context of new economic relations, the banking system holds an important part in ensuring the economic growth and economic development of any country, including the Republic of Armenia. Possible ways to increase the profitability of the Armenian banking system were suggested in this study, the existing challenges of the banking system were identified.
Originality/value: Based on the results of the research of the profitability indicators of the RA banking system and the conclusions drawn, several ways of increasing the profitability of banks were proposed.
{"title":"Assessment of the Profitability Indicators of Armenian Commercial Banks and the Forecast of Possible Scenarios to Increase Profitability","authors":"Anna Ashot Bayadyan","doi":"10.55908/sdgs.v11i10.1761","DOIUrl":"https://doi.org/10.55908/sdgs.v11i10.1761","url":null,"abstract":"Purpose: The main purpose of the study is the comparative analysis of total capital, total assets, net profit, return on assets (ROA), return on equity (ROE) and net interest margin (NIM) of 17 commercial banks operating in Armenia for several years are presented, the advantages and disadvantages of the banks with high and low results in the above-noted indicators have been briefly commented on.
 
 Theoretical framework: Currently, the banking system of Armenia is the most developed one in comparison with other sectors of the economy, as the processes of attracting deposits, providing loans and fulfilling the standards set for commercial banks are regulated in line with the world experience. The object of study is operational environment of the banks.
 
 Design/methodology/approach: The profitability indicators are considered to be the most basic tool for assessing the efficiency of operations carried out by commercial banks. Methodological tools of the study methods were interest income, interest expense and average annual return on profitable assets, which were analyzed separately.
 
 Findings: The relevance of this scientific problem decision is that the negative consequences the COVID-19 pandemic within the business environment of the Armenian banking system have been studied.
 
 Research, Practical & Social implications: In the context of new economic relations, the banking system holds an important part in ensuring the economic growth and economic development of any country, including the Republic of Armenia. Possible ways to increase the profitability of the Armenian banking system were suggested in this study, the existing challenges of the banking system were identified.
 
 Originality/value: Based on the results of the research of the profitability indicators of the RA banking system and the conclusions drawn, several ways of increasing the profitability of banks were proposed.","PeriodicalId":41277,"journal":{"name":"McGill International Journal of Sustainable Development Law and Policy","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135414694","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-23DOI: 10.55908/sdgs.v11i10.1759
Ahmad Jamaludin Jambunanda, Efa Laela Fakhriah, Renny Supriyatni, Anita Afriana
Objective: The issue of divorce cases in family court has implications, resulting in the division of marital property. The object of the dispute is the house that wants to be divided equally. The case was in court decision No.205/Pdt.G/2016/PA.Ab for first instance, until the appeal process No.01/Pdt.G/2017/PTA.Ab second instance, and Supreme Court No.159K/Ag./2018 third instance and final decision at fourth instance namely review No.6PK/Ag./2019. The difference from all court decisions in the same case is due to avoid discrimination on children's rights.
Methods: Qualitative research by using case approach in marriage law concerning marital property, specifically discussing some of the cases and decisions mentioned above, as well as obtaining decisions from related courts that may be reviewed and some supported from the results of religious court reports, although there are some parts of the judgment that are not published on the basis of court secrecy that maintains the privacy of the litigant community
Results: The courts of first and second instance determine and divide the objects normatively by 50% presentation, but the courts of third and fourth instance are different and opposite, and in the final judgment, the objects of dispute are suspended and not distributed.
Conclusion: The judge's judgment in the case ignored the rights of children who were still young children. If the object of dispute is divided by 50% presentation, the object must be auctioned and sold and the proceeds divided in half, but the litigant has no other place to live to protect the child and will ignore the child who does not have another house to live for the child. So, the judge does not distribute the object until the child is an adult, restoring the right to the child who was neglected after the divorce.
目的:家事法院离婚案件的问题具有影响，导致夫妻财产的分割。争论的对象是想均分的房子。该案由第205/Pdt.G/2016/PA号法院判决。Ab为一审，直到第01/Pdt.G/2017/PTA号上诉程序。最高法院第159k /Ag号。第6pk / ag /2019号复核，即第6pk / ag /2019号复核。在同一案件中，不同于所有法院的判决是为了避免对儿童权利的歧视。& # x0D;方法:运用案例法对涉及夫妻财产的婚姻法进行定性研究，具体讨论上述部分案例和判决，并从相关法院获得可复核的判决，以及从宗教法院报告结果中获得支持，尽管判决中有部分内容基于法院保密原则不公开，以维护诉讼群体的隐私
结果:一审法院和二审法院以50%的陈述规范地确定和划分争议标的，而三审法院和四审法院则不同而对立，在终审判决中，争议标的被搁置而不分配。
& # x0D;结论:该案件中法官的判决忽视了儿童的权利。如果争议物以50%分割呈现，则必须将该物拍卖出售，所得款项对半分割，但当事人无他处可居以保护孩子，将忽视没有他处可居的孩子。因此，直到孩子成年后，法官才会分配物品，恢复离婚后被忽视的孩子的权利。
{"title":"Marriage Law in Religious Court: Regulation and Decision on Marital Property in Sustainable Legal Development","authors":"Ahmad Jamaludin Jambunanda, Efa Laela Fakhriah, Renny Supriyatni, Anita Afriana","doi":"10.55908/sdgs.v11i10.1759","DOIUrl":"https://doi.org/10.55908/sdgs.v11i10.1759","url":null,"abstract":"Objective: The issue of divorce cases in family court has implications, resulting in the division of marital property. The object of the dispute is the house that wants to be divided equally. The case was in court decision No.205/Pdt.G/2016/PA.Ab for first instance, until the appeal process No.01/Pdt.G/2017/PTA.Ab second instance, and Supreme Court No.159K/Ag./2018 third instance and final decision at fourth instance namely review No.6PK/Ag./2019. The difference from all court decisions in the same case is due to avoid discrimination on children's rights.
 
 Methods: Qualitative research by using case approach in marriage law concerning marital property, specifically discussing some of the cases and decisions mentioned above, as well as obtaining decisions from related courts that may be reviewed and some supported from the results of religious court reports, although there are some parts of the judgment that are not published on the basis of court secrecy that maintains the privacy of the litigant community
 Results: The courts of first and second instance determine and divide the objects normatively by 50% presentation, but the courts of third and fourth instance are different and opposite, and in the final judgment, the objects of dispute are suspended and not distributed.
 
 Conclusion: The judge's judgment in the case ignored the rights of children who were still young children. If the object of dispute is divided by 50% presentation, the object must be auctioned and sold and the proceeds divided in half, but the litigant has no other place to live to protect the child and will ignore the child who does not have another house to live for the child. So, the judge does not distribute the object until the child is an adult, restoring the right to the child who was neglected after the divorce.","PeriodicalId":41277,"journal":{"name":"McGill International Journal of Sustainable Development Law and Policy","volume":"46 4","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135414559","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-23DOI: 10.55908/sdgs.v11i10.1762
Rajeswari Arunachalam, Pulidindi Venugopal
Purpose: Working mothers are leading several industries, and they strive to balance work and family. Mothers at work face their biggest challenges and live with constant guilt when they leave their children. Due to this stressful lifestyle, working mothers struggle to regulate their emotional health and may exhaust themselves, breakdown, or burnout. They can manage this chaos with mindfulness. Working mothers need mindfulness to stay sane. Mindfulness protects against stress, depression, anxiety and other mental health issues and improves human functioning and quality of life as well.
Theoretical framework: Working mothers need mindfulness to stay sane. Mindfulness protects against stress, depression, anxiety and other mental health issues and improves human functioning and quality of life as well. Thus, by analyzing the significance of mindfulness among working mothers, this study was proposed to examine the relationship between mindfulness practice (MP) and the quality of life (QOL) of working mothers.
Design/methodology/approach: Data was collected from the sample size of 217 respondents who were working mothers in different sectors. Mindfulness and QOL are measured using standardized questionnaires like the Cognitive Affective Mindfulness Scale (CAMS-R) and the World Health Organization’s Quality of Life (WHOQOL) scale, respectively. Following data collection, structural equation modelling (SEM) analysis was employed using the partial least squares method.
Findings: The findings reveal that there is a significant positive impact of Mindfulness practice on the Quality of work life of working mothers.
Research, Practical & Social implications: The research results indicate that working mothers need to practice mindfulness in their routine lives to excel in parenting and to combat challenges in balancing work and life thus improving their QOL.
Originality/value: There is meagre research conducted on mindfulness, thus this current study extends its originality on researching on impact of mindfulness practice on quality of life.
{"title":"Does Mindfulness Practice Affect the Quality of Life of Working Mothers? An Empirical Test Using SEM Analysis","authors":"Rajeswari Arunachalam, Pulidindi Venugopal","doi":"10.55908/sdgs.v11i10.1762","DOIUrl":"https://doi.org/10.55908/sdgs.v11i10.1762","url":null,"abstract":"Purpose: Working mothers are leading several industries, and they strive to balance work and family. Mothers at work face their biggest challenges and live with constant guilt when they leave their children. Due to this stressful lifestyle, working mothers struggle to regulate their emotional health and may exhaust themselves, breakdown, or burnout. They can manage this chaos with mindfulness. Working mothers need mindfulness to stay sane. Mindfulness protects against stress, depression, anxiety and other mental health issues and improves human functioning and quality of life as well.
 
 Theoretical framework: Working mothers need mindfulness to stay sane. Mindfulness protects against stress, depression, anxiety and other mental health issues and improves human functioning and quality of life as well. Thus, by analyzing the significance of mindfulness among working mothers, this study was proposed to examine the relationship between mindfulness practice (MP) and the quality of life (QOL) of working mothers.
 
 Design/methodology/approach: Data was collected from the sample size of 217 respondents who were working mothers in different sectors. Mindfulness and QOL are measured using standardized questionnaires like the Cognitive Affective Mindfulness Scale (CAMS-R) and the World Health Organization’s Quality of Life (WHOQOL) scale, respectively. Following data collection, structural equation modelling (SEM) analysis was employed using the partial least squares method. 
 
 Findings: The findings reveal that there is a significant positive impact of Mindfulness practice on the Quality of work life of working mothers.
 
 Research, Practical & Social implications: The research results indicate that working mothers need to practice mindfulness in their routine lives to excel in parenting and to combat challenges in balancing work and life thus improving their QOL.
 
 Originality/value: There is meagre research conducted on mindfulness, thus this current study extends its originality on researching on impact of mindfulness practice on quality of life.","PeriodicalId":41277,"journal":{"name":"McGill International Journal of Sustainable Development Law and Policy","volume":"47 10","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135414854","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-23DOI: 10.55908/sdgs.v11i10.591
None Kusmiyati, Ferry WF Waangsir, Moses Kopong Tokan, Apris A Adu, Anwar Mallongi, Eryc Zevrily Haba Bunga
Objective: This study was conducted to investigate the phytochemical constituent of Moringa oleifera leaf extract and determine the inhibition of these extract against Escherichia coli bacteria. Methodology: This was a laboratory experimental study. Moringa leaves was collected from Semau Island, East Nusa tenggara, Indonesia. Quantitative testing was carried out to determine the bioactive components of Moringa leaf extract. The well diffusion method was used to test the inhibitory activity of moringa leaf extract against E. coli. The treatment were divided into 10 extract concentrations (10%, 20%, 30%, 40%, 50%, 60%,70%, 80%, 90%, 100%). Results: This study showed the presence of flavonoids, phenols, alkaloids, tannins and saponins in M. oleifera leaf extract. M. oleifera leaf extract has different inhibitory properties against E. coli bacteria. Moringa extract concentrations of 10%, 20% and did not show inhibitory activity against E. coli while the others concentrations were able to inhibit the growth of E. coli. The average inhibition zone diameter for each concentration varied i.e 1.91 mm (40%), 6.27 mm (50%), 8.53mm (60%), 10.39 mm (70%), 12.80 mm (80%), 14.84 mm (90%) and 19.04 mm (100%). The most effective for inhibiting the growth of E. coli bacteria was 100%. The results of statistical analysis using repeated ANOVA tests obtained p value 0.001 (p<0.05) that means the M. oleifera leaf extract able to inhibit E. coli. Contributions: We conclude that M. oleifera leaves have the potential as an antibacterial, so further studies related to the use of M. oleifera in overcoming various environmental health problems is needed.
{"title":"The Antibacterial Potency of Moringa oleifera Leaf Extract on Semau Island, East Nusa Tenggara, Against Escherichia coli","authors":"None Kusmiyati, Ferry WF Waangsir, Moses Kopong Tokan, Apris A Adu, Anwar Mallongi, Eryc Zevrily Haba Bunga","doi":"10.55908/sdgs.v11i10.591","DOIUrl":"https://doi.org/10.55908/sdgs.v11i10.591","url":null,"abstract":"Objective: This study was conducted to investigate the phytochemical constituent of Moringa oleifera leaf extract and determine the inhibition of these extract against Escherichia coli bacteria. Methodology: This was a laboratory experimental study. Moringa leaves was collected from Semau Island, East Nusa tenggara, Indonesia. Quantitative testing was carried out to determine the bioactive components of Moringa leaf extract. The well diffusion method was used to test the inhibitory activity of moringa leaf extract against E. coli. The treatment were divided into 10 extract concentrations (10%, 20%, 30%, 40%, 50%, 60%,70%, 80%, 90%, 100%). Results: This study showed the presence of flavonoids, phenols, alkaloids, tannins and saponins in M. oleifera leaf extract. M. oleifera leaf extract has different inhibitory properties against E. coli bacteria. Moringa extract concentrations of 10%, 20% and did not show inhibitory activity against E. coli while the others concentrations were able to inhibit the growth of E. coli. The average inhibition zone diameter for each concentration varied i.e 1.91 mm (40%), 6.27 mm (50%), 8.53mm (60%), 10.39 mm (70%), 12.80 mm (80%), 14.84 mm (90%) and 19.04 mm (100%). The most effective for inhibiting the growth of E. coli bacteria was 100%. The results of statistical analysis using repeated ANOVA tests obtained p value 0.001 (p<0.05) that means the M. oleifera leaf extract able to inhibit E. coli. Contributions: We conclude that M. oleifera leaves have the potential as an antibacterial, so further studies related to the use of M. oleifera in overcoming various environmental health problems is needed.","PeriodicalId":41277,"journal":{"name":"McGill International Journal of Sustainable Development Law and Policy","volume":"47 8","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135414858","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-23DOI: 10.55908/sdgs.v11i10.628
Arie Kartika, Sarah Furqoni, Belardo Prasetya Mega Jaya, Muhammad Rusli Arafat, Vifi Swarianata
Objective: The goals of this research are to analyze and formulate law enforcement strategies in overcoming money laundering cases resulting from transnational corruption in Indonesia. Transnational corruption and money laundering are important issues that can weaken the economic and social structure of a country, including Indonesia. These crimes create complex networks that exacerbate corruption problems, undermine state legitimacy and facilitate other illegal practices. Method: This study uses a normative juridical approach, namely legal research that aims to find principles, norms or das sollen. The main data sources are primary and secondary legal materials in the form of regulations and literature relevant to the research topic. Result: This research shows that law enforcement strategies against money laundering proceeds from transnational corruption in Indonesia should involve four main elements: law and regulatory reform, law enforcement capacity building, increased international cooperation, and greater public participation Conclusion: The contribution of this research and par can provide recommendations to various stakeholders and eradicate this criminal act, despite challenges in implementation, this strategy is important to increase the effectiveness of law enforcement and encourage better governance.
{"title":"Law Enforcement Strategies for Transnational Money Laundering Corruption Crimes in Criminal Law Reform in Indonesia","authors":"Arie Kartika, Sarah Furqoni, Belardo Prasetya Mega Jaya, Muhammad Rusli Arafat, Vifi Swarianata","doi":"10.55908/sdgs.v11i10.628","DOIUrl":"https://doi.org/10.55908/sdgs.v11i10.628","url":null,"abstract":"Objective: The goals of this research are to analyze and formulate law enforcement strategies in overcoming money laundering cases resulting from transnational corruption in Indonesia. Transnational corruption and money laundering are important issues that can weaken the economic and social structure of a country, including Indonesia. These crimes create complex networks that exacerbate corruption problems, undermine state legitimacy and facilitate other illegal practices. Method: This study uses a normative juridical approach, namely legal research that aims to find principles, norms or das sollen. The main data sources are primary and secondary legal materials in the form of regulations and literature relevant to the research topic. Result: This research shows that law enforcement strategies against money laundering proceeds from transnational corruption in Indonesia should involve four main elements: law and regulatory reform, law enforcement capacity building, increased international cooperation, and greater public participation Conclusion: The contribution of this research and par can provide recommendations to various stakeholders and eradicate this criminal act, despite challenges in implementation, this strategy is important to increase the effectiveness of law enforcement and encourage better governance.","PeriodicalId":41277,"journal":{"name":"McGill International Journal of Sustainable Development Law and Policy","volume":"51 2","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135414534","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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