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All Journal Mimbar Keadilan Indonesian Comparative Law Review Indonesian Journal of Law and Society Hang Tuah Law Journal
Degu, Temesgen Abebe
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Integrating Traditional Medicine into the Healthcare System in Ethiopia: Promoting Research and Avoiding Misappropriation Degu, Temesgen Abebe
Indonesian Comparative Law Review Vol 6, No 2 (2024)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.v6i2.21454

Abstract

Traditional medicine is a form of medicine that has been widely used in Ethiopia for thousands of years.  However, it is still practiced in the absence of formal healthcare. The current approach to the protection of traditional medicinal resources in Ethiopia is based on multiple fragmented legislations and neglects one of these problems. The main objective of this paper is to discuss the need for integrating traditional medicine into national healthcare system and protecting of traditional medicinal resources in Euthopia. This normative legal research employs statutory approach. It is found that Ethiopia has put in place a legal framework for the protection of its traditional medicinal resources, but the role of traditional medicine in healthcare is not clearly defined. Many medicinal plants are, consequently, at risk of extinction and biopiracy.  Ay policy option that seeks to protect traditional medicinal resources must have in mind these three problems together, i.e loss of traditional knowledge, loss of medicinal plants, and potential misappropriation. Integrating traditional medicine into the modern health care system requires careful consideration of conservation, protection, and development of traditional practices.
The Challenges of Integrating Customary Water Rules Under the Formal Water Governance in Ethiopia: Towards Legal Pluralism Degu, Temesgen Abebe
Hang Tuah Law Journal VOLUME 9 ISSUE 1, APRIL 2025
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v9i1.274

Abstract

Customary water rules are not adequately incorporated into the Ethiopian formal water governance framework despite their vital role in ensuring sustainable and equitable utilization of scarce water resources. Using the traditional doctrinal legal research methodology, this research seeks to examine the extent of recognition given to customary water rules under the Ethiopian formal water governance regime. Drawing on the theory of institutional (in)congruence, the research makes a textual analysis of the Ethiopian formal water governance legal framework using both primary sources (national and international laws related to water governance) and secondary sources (relevant books, journal articles and online sources). The article argues that there is a limited recognition of customary water rules under the Ethiopian formal water governance system which has led to conflicts, inefficiencies, and unsustainable use of water resources. This is due to the value clash between the formal water rules built on the notion of water as a resource for commodification, and customary water rules that see water as sacred and communal part of communities sociocultural and ecological being. As a result of this value clash, customary water rules, however important sustainability tenets they might lend, are not easily amenable into the formal water governance framework without in the first place questioning its basic foundations. It is concluded that strategies such as incorporating ecosystems based approaches, recognizing and integrating traditional knowledge, and promoting participatory decision-making process can assist in bridging the gaps between the commodification and preservation values.
The Legal Protection for Young Domestic Workers in Ethiopia Degu, Temesgen Abebe
Indonesian Journal of Law and Society Vol 4 No 1 (2023): International Business and Crimes in Modern Society
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ijls.v4i1.34844

Abstract

As the saying goes, the child is the father of the man. We must properly bring up and protect our children today not least because in the future they will shoulder huge responsibility in taking charge of this country after replacing us. In many countries, especially developing ones like Ethiopia, children engage in different types of works for various reasons. Domestic work is one of such sector. Child (domestic) work is not prohibited if it is done by those above the minimum working age (14 years) under a condition that is not exploitative. The problem in Ethiopia, though, is that (child) domestic work is altogether excluded from legal protection (under the labour proclamation). Without formal regulation, child domestics are prone to exploitation by their employers. This kind of exploitation is a human rights violation in addition to being a serious development concern and gender equality challenge. This research aims at examining the adequacy of legal protection for young domestic workers under the Ethiopian legal system. To this end, the research employs a cross-sectional qualitative research design. Within this design, the research adopts a phenomenological methodology. The research concludes that there is inadequate legal protection for young domestic workers in Ethiopia beginning from formation of contract to terms of employment and working conditions.
Analyzing the Ratio Decidendi: Court of Appeals Decision Reversing District Court’s Ruling in an Election Process Dispute Setiawan, Angga Eka; Degu, Temesgen Abebe
Mimbar Keadilan Vol. 17 No. 1 (2024): Februari 2024
Publisher : Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/mk.v17i1.9712

Abstract

In practice, the General Election process disputes must be brought before the State Administrative Court. Decision Number 757/Pdt.G/2023/PN Jkt.Pst exceeded its jurisdictional limits. This is because the Central Jakarta District Court ruled over the dispute when it did not have the authority. The decision was revoked by decision Number 230/Pdt/2023/PT DKI due to its violation of applicable regulations regarding absolute competence. The legal basis for this revocation has been underscored in Article 470 of Law Number 7 of 2017 concerning General Elections and Article 25 of Law Number 48 of 2009 concerning Judicial Power. This study aims to determine the legal principle of decision Number 230/Pdt/2023/PT DKI, which overturned the Central Jakarta District Court's decision regarding the dispute over the General Election process. The research methodology utilized in this inquiry is normative legal research incorporating a statutory, conceptual, and case-based approach. The legal materials utilized include primary legal materials, such as laws, regulations, and court decisions, and secondary legal materials, including legal books, research journals, and theses pertinent to the research area. The findings indicate that the verdict issued by the DKI Jakarta High Court Judges' Panel was justified. As part of the Supreme Court's voorpost function, the Court of Appeals is responsible for addressing judicial technical and administrative matters that arise at the initial level.
Co-Authors Setiawan, Angga Eka