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Democratic State Governance: The Urgency of Implementing Conventions in Constitutional Practices in Indonesia Mukhlis, Muhammad Mutawalli; Aidonojie, Paul Atagamen; Paidi, Zulhilmi; Tajuddin, Muhammad Saleh
Fenomena Vol 23 No 1 (2024): FENOMENA: Journal of the Social Sciences
Publisher : LP2M UIN KH.Achmad Siddiq Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/fenomena.v23i1.155

Abstract

Constitutional conventions are often used with different meanings depending on the context of the discussion. Constitutional conventions are only limited to agreements between bilateral and multilateral countries, agreements among international law subjects, meetings of political, legislative, fraternal members or representatives, and other organizations. Constitutional conventions are not formed and built from laws, court decisions, or parliamentary customs but are outside of them to regulate political behavior. This research aims to determine the urgency of constitutional practice conventions in Indonesia. This research uses qualitative research. The method used in this research is a normative legal research method. This research concludes that the Convention in constitutional practice in Indonesia has an essential urgency in forming and regulating government governance. The urgency of conventions in constitutional practice is to perfect the constitutional system, empower state institutions, develop constitutional law, and provide crisis resolution in politics.
The Legal Issues Concerning the Operation of Fin-Tech in Nigeria Aidonojie, Paul Atagamen; Majekodunmi, Toyin Afolabi; Adeyemi-Balogun, Omolola Janet
Jurnal Media Hukum Vol 30, No 2: December 2023
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v30i2.18337

Abstract

Technology has greatly enhanced the developmental process of the global environment. It suffices to state that, Nigeria being a developing country is also having its fair share in the use of technology within the financial sector. This is concerning the fact that the traditional method of financial activities is gradually overtaken by financial technology. However, despite the prospect of finance and technology (Fin-Tech), there are several legal issues and challenges affecting its operation in Nigeria. In this regard, this study tends to embark on a hybrid method of study on the prospect and legal issues concerning Fin-Tech in Nigeria. The questionnaire was distributed to 301 respondents residing within Nigeria. The data obtained was analysed through descriptive and analytical statistical methods. The study, therefore, found that the introduction of Fin-Tech has greatly enhanced the commercial sector in Nigeria. Although, several challenges include the legality of its operations, other social and economic challenges could affect its smooth operation. The study concluded and recommended the necessity for legal regulations, internet security, educating the general public on the Fin-Tech system, and alignment of Fin-Tech operations with Nigerian laws for a smoother adoption of Fin-Tech in Nigeria.
Challenges concerning the Legal Framework of an Automated Personal Income Tax in Edo State, Nigeria Aidonojie, Paul Atagamen
JHR (Jurnal Hukum Replik) Vol 12, No 1 (2024): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v12i1.7717

Abstract

Concerning the need to curb corrupt income tax practices and to increase internally generated revenue via income tax in Edo State, the Edo State Government 2019 introduced an automated personal income taxing system. However, it must be noted that the income tax procedure in Nigeria is a function of law regulated by the Personal Income Tax Act. Concerning this, there is a legal uncertainty concerning the effectiveness of extant the current legal framework in providing for and regulating an automated personal income tax system in Edo State. It is in this regard, that this study tends to adopt a hybrid method of research in examining to what extent the extant law provides for and regulates income tax in Edo State. The questionnaire was sent to 321 respondents and the data generated therein were analyzed via a descriptive and analytical method. The study found that the Personal Income Tax Act of 2004 does not provide for and regulate an automated income taxing system in Edo State. It was therefore concluded and recommended that for effective compliance with an automated income tax administration in Edo State, there is a need to amend the extant law to provide for an automated income tax procedure.
Instream Flow Rights for Protecting River Ecology in Nigeria's Bitumen Zone: Learning From Uganda's Experience Akinsulore, Adedoyin Olusegun; Adejumo, Oluwadamilola Adebola; Aidonojie, Paul Atagamen
JHR (Jurnal Hukum Replik) Vol 12, No 2 (2024): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v12i2.11142

Abstract

Water is a vital resource essential for the survival of humans, animals, and ecosystems. Its inclusion in the Sustainable Development Goals (SDGs) underscores its importance. Effective management and regulation of water resources are critical for achieving development across key sectors. However, freshwater scarcity is an increasing concern, particularly with the high water consumption involved in bitumen mining and production. This study employs a hybrid research method to assess water resource regulation in Nigeria and Uganda. A total of 226 questionnaires were distributed to respondents in Nigeria, and the data was analyzed using descriptive and analytical techniques. The findings reveal a lack of a robust legal framework regulating water usage in bitumen mining in Nigeria, in contrast to Uganda, where more comprehensive water regulations exist. The study further concludes that unregulated water withdrawals for bitumen production in Nigeria threaten the achievement of SDG 6.4, which focuses on sustainable water use. To prevent ecological disasters and ensure the sustainability of freshwater ecosystems in Nigeria's bitumen belt, the study recommends strengthening existing legal and institutional frameworks to guarantee instream flow and sustainable water use in mining activities, drawing from the experiences of countries like Uganda.Keywords: Bitumen, Freshwater, Instream Flow, Mining, Sustainable Development Goals, Water Management
Legal Issues and Consumer Awareness on the Effect of Poorly Processed Garri Edo North, Edo State, Nigeria Aidonojie, Esther Chetachukwu; Aidonojie, Paul Atagamen; Obieshi, Eregbuonye; Mutawalli, Muhammad; Adebayo, Adesoji Kolawole; Banki , Lauretta Leslie
Food Science and Technology Journal (Foodscitech) Vol. 7 No. 1 (2024)
Publisher : Universitas Dr Soetomo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25139/fst.vi.8190

Abstract

It is the saying that it is better to pay a good cook than to pay a doctor and also it is essential to eat one meal like a medicine. This quote necessitates the fact that consuming well-processed food is essential for healthy living. However, it has been observed that garri which is considered a staple food in Nigeria, produced from cassava, is often poorly processed (half-baked) in some parts of Nigeria, not concerned with the medical dangers and implications. It is concerning that this study tends to adopt a hybrid method of study in examining consumer awareness concerning the health and legal implications of consuming poorly processed garri. In this regard, 247 questionnaires were distributed to respondents residing within Edo North, Edo State. The data obtained was analyse using a descriptive and analytical method of approach. The study found that most of the garri processes within the region are half-bake, which often contain some cyanide content. The study also found that the majority of consumers are unaware of the health implications of consuming half-baked garri containing cyanide, poorly processed and preserved. Concerning this, the study therefore concludes and recommends that to curb the incidence of poorly processed garri, there is a need spring legal framework to ensure effective enforcement and compliance against poorly processed food. Furthermore, there is also a need for sensitization on the dangers of consuming half-baked garri.
Menace of Internet Fraud on Nigeria Youth: Lesson from the Indonesia Experience Aidonojie, Paul Atagamen; Jufri, Muwaffiq; Mustafa , Mundu; Eregbuonye, Obieshi; Wakili Abacha, Saminu
Jurnal Mengkaji Indonesia Vol. 3 No. 2 (2024): December
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jmi.v3i2.807

Abstract

Abstract: The quest for fast wealth acquisition through internet fraud among the Nigerian youth has become a common lifestyle. That education among the Nigerian youth is considered a scam, given the poor economic level of the country and the inability to secure a job after graduation. Although several laws prohibit internet fraud in Nigeria, there seems to be a surge of internet fraud and a setback in educational focus among the Nigerian youth. However, Indonesia though has similar challenges but has been able to surmount and curtail incidences of fraud. Purpose: In this regard, this study tends to examine the menace of internet fraud in shackling the Nigerian youth from an educational focus and how the Nigerian government can learn from the Indonesian experience in curbing the incidence of fraud through legal and educational policy. Design/Methodology/Approach: The study adopts a doctrinal method of study; primary and secondary sources of authority were relied on in sourcing for data. The data obtained was analysed using a descriptive and analytical method of study. Findings: The study therefore found that the prevalence of internet fraud among Nigerian youth is as a result of unemployment, poverty, poor educational policy, and the syndrome of getting rich quickly through internet fraud. The study further found that the educational process among Nigerian youth has been severely affected due to the prevalence of internet fraud. Also, it was also revealed that the Indonesian government through effective legal, educational, and socio-economic policy has been able to curtail the incidence of internet fraud among its youths. Originality/value: The study therefore contributes to the existing body of knowledge as it concerns curtailing the incidence of fraud and enhancing education. Furthermore, the study also achieves a high focus on education among the Nigerian youth by identifying the fact that the Nigerian government needs to incorporate the Indonesian government's legal and educational policy that tends to promote education among its youth. This will also result in a cross-cultural ideology in resolving the menace of internet fraud.
COMBATING THE SILENT THREAT OF STREET TRADING RESULTING IN ILLEGAL DUMPING OF WASTE IN UGANDA Aidonojie, Paul Atagamen; Aidonojie, Esther Chetachukwu; Obieshi, Eregbuonye; Akinsulore, Adedoyin Olusegun; Owuche, Antai Godswill; Kolawole, Adebayo Adesoji
Kanun Jurnal Ilmu Hukum Vol 26, No 2: August 2024: The Global and National Challenges for Justice
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v26i2.38263

Abstract

The Uganda government has taken legal and institutional measures (such as the Uganda constitution, National Environmental Act and the Climate Change Act) to ensure clean and healthy environment and resolving major environmental issues. However, the rate of street trading within the terrain of Uganda, has resulted in the illegal dumping of refuse. It suffices to state that illegal dumping of refuse could generate major environmental issues such as flood, soil pollution, water pollution, air pollution, and destruction of habitat. This study embarks on a hybrid method of study in examining the need to combat the threat of street trading associated with the illegal dumping of waste. 290 questionnaires were sent to respondents residing in the various regions of Uganda. The data obtained through the questionnaire was analyzed using a descriptive and analytical method of research. The study therefore found that, there are unchecked incidents of street trading which often result in illegal dumping of refuse. Furthermore, the continuous dumping of refuse as a result of street trading could result in severe environmental pollution. The study therefore concludes and recommends that for a sustainable environment free from any form of pollution, there is a need for the Uganda government to through institutional measures reinforce the laws against illegal dumping of refuse resulting from street trading.
International Laws Regulating Human Rights in Business Operations in Uganda: Issues and Challenges Aidonojie, Paul Atagamen; Mulegi, Tom; Muwaffiq, Jufri; Imiefoh, Andrew Ikhayere; Owoche, Antai Godswill
Fenomena Vol 23 No 2 (2024): FENOMENA: Journal of the Social Sciences
Publisher : LP2M UIN KH.Achmad Siddiq Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/fenomena.v23i2.188

Abstract

Human rights in business involve the respect of employees, communities, and other stakeholders. Though these rights are guaranteed by international laws, however, there seems to be a gridlock concerning the implementation, and enforcement in the business environment. Hence, this study adopts a hybrid method of study concerning the challenges of implementation and enforcement of international laws as they concern human rights in business. 302 questionnaires were distributed to respondents residing in Uganda, the data obtained were analyzed through descriptive and analytical approaches. The study found that there are international laws that tend to provide for and regulate human rights in business. However, there are legal and socio-economic challenges concerning the implementation and enforcement of these laws. These in essence negate fair labor practices, and respect for cultural and indigenous rights in place of business. It was therefore concluded and recommended that for effective sustenance and protection of human rights in a business, there is a need for effective implementation and enforcement of those rights provided for by international laws. Hak asasi manusia (HAM) dalam bisnis mewajibkan adanya penghormatan terhadap hak-hak karyawan, masyarakat, dan pihak-pihak terkait yang memiliki kepentingan. Meskipun hak-hak ini dijamin oleh hukum internasional, namun, tampaknya ada kebuntuan terkait implementasi dan penegakan hukum di bidang aktivitas bisnis. Oleh karena itu, penelitian ini menggunakan metode penelitian hukum campuran mengenai tantangan implementasi dan penegakan hukum internasional yang berkaitan dengan HAM dalam bisnis. Penelitian ini menggunakan kuisioner yang disebarkan dan melibatkan 302 responden di Uganda. Data yang diperoleh dalam kuisioner tersebut kemudian dianalisis melalui pendekatan deskriptif dan analitis. Penelitian ini menemukan fakta bahwa hukum internasional telah mengatur mengatur hak-hak asasi manusia dalam aktifitas bisnis. Namun, persoalan hukum dan sosial-ekonomi terkait implementasi dan penegakan hukum terhadapnya masih saja terjadi. Tantangan tersebut pada intinya berpotensi meniadakan praktik pemenuhan hak-hak di bidang ketenagakerjaan yang adil, dan penghormatan terhadap hak-hak budaya dan masyarakat adat di tempat bisnis. Oleh karena itu, dapat disimpulkan dan direkomendasikan bahwa demi keberlanjutan dan perlindungan HAM yang efektif dalam dunia bisnis, harus diupayakan penegakan dan pengimplementasian hak-hak yang maksimal berkaitan dengan hak para pekerja dan pihak terkait sebagaimana telah diatur dalam instrument hukum HAM internasional.
A Facile Review on the Legal Issues concerning the Implementation of the Administration of Criminal Justice Act of Nigeria Aidonojie, Paul Atagamen
Sultan Agung Notary Law Review Vol 6, No 2 (2024): June 2024
Publisher : Program Studi Master of Notary Law (S2), Faculty of Law, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.v6i2.24847

Abstract

No doubt that the Administration of Criminal Justice Act of Nigeria 2015 brought innovative provisions in ensuring justice is served to the society. However, despite the innovative provision of the Act, there seem to be a high level of maladministration of justice. Given this, the study undertook doctrinal and non-doctrinal research on how effective the police, the prison officers, the office of the Attorney-General of Nigeria, and the court have been able to enforce their functions as provided by the ACJA of Nigeria. The study used online survey questionnaires sent to 302 legal practitioners (randomly selected) in Nigeria, given their pragmatic knowledge of ACJA of Nigeria. A descriptive and analytical statistic was used to analyse the respondents’ response in ascertaining if the above ministers of justice have been effective in enforcing their roles as specified by ACJA of Nigeria. Given the data generated, the study found that there has been a lapse in the effective implementation of ACJA in Nigeria. It was therefore concluded and recommended that the Administration of Criminal Justice Monitoring Committee set up by the ACJA of Nigeria need to exact their duties in check-mating the police, the office of AG of Nigeria, and the courts to ensure the maximum enforcement of their functions.
Legal and Socio-Economic Challenges of E-Commerce in Uganda: Balancing Growth and Regulation Aidonojie, Paul Atagamen; Okuonghae, Nosakhare; Najjuma, Aisha; Ikpotokin, Omobolanle Omolola; Obieshi, Eregbuonye
TRUNOJOYO LAW REVIEW Vol 7, No 1 (2025): February
Publisher : Faculty of Law University of Trunojoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/tlr.v7i1.27704

Abstract

Digital technology has reshaped various sectors of the world so that tasks are executed seamlessly within the shortest period through digital technology. It suffices to state that Uganda has also incorporated the same in enhancing virtually all sectors. For example, in recent times, buying, selling goods, and negotiating contracts are done majorly through digital technology. However, despite the prospect of e-commerce, some challenges may limit its viability in Uganda. In this regard, the study examines the legal and socio-economic issues concerning the adoption of digital commerce in Uganda. A hybrid method was used, and 304 questionnaires were distributed (through Google form) to respondents residing in Uganda. The data obtained were analysed using a descriptive and analytical approach. The study found that adopting e-commerce has greatly enhanced the commercial sector. However, despite the advantages of e-commerce, there are challenges, which include Data security and privacy, regulatory compliance, consumer protection from internet fraudsters and unfair trade practices, illiteracy of consumers, and poor and high cost of internet access. The study, therefore, concludes and recommends that e-commerce is a good innovation that could enhance and lead to further economic development in Uganda. In this regard, for smooth e-commerce operations in Uganda, there is a need for effective mechanisms in ensuring legal compliance and prosecution of anyone involved in data privacy breaches and internet fraudster. Furthermore, active and cost reduction of internet access could aid in enhancing the operation of e-commerce in Uganda. This research builds upon existing knowledge by discovering the legal and social-economic factors prohibiting the adoption of e-commerce in Uganda followed by specific recommendations and ensuring internet accessibility improvement in improving the country's digital economy.