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International Journal of Law and Public Policy (IJLAPP)
Published by Lamintang Education & Training Centre
ISSN : 27216934     EISSN : 27216942     DOI : https://doi.org/10.36079/lamintang.ijlapp
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The aim of this journal is to publish high-quality articles dedicated to all aspects of the latest outstanding developments in the field of Law and Public policy.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "Vol 5 No 1: March 2023" : 5 Documents clear
Protection of Appointed Children's Rights According to Law Number 35 of 2014 Concerning Child Protection Razy, Fakhruddin
International Journal of Law and Public Policy (IJLAPP) Vol 5 No 1: March 2023
Publisher : Lamintang Education and Training Centre, in collaboration with the International Association of Educators, Scientists, Technologists, and Engineers (IA-ESTE)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36079/lamintang.ijlapp-0501.413

Abstract

Adoption in Indonesia is still a problem for the community, especially in matters concerning the regulations that govern it. In Indonesia, adoption has become a community need and is part of the family law system, because it involves the interests of people per person in the family. Bushar Muhammad, divides adoption into two types, namely: direct adoption (adopting children), and indirect adoption (through marriage). Law Number 35 of 2014 concerning Child Protection explicitly states that the purpose of child adoption, the motivation for adoption can only be done for the best interests of the child and carried out based on local customs and provisions of applicable laws and regulations.
Challenges Facing the International Criminal in Trying to Accomplish its Mission Focusing on Omar Al Bashir’s Prosecution Sakarombe, Emmanuel
International Journal of Law and Public Policy (IJLAPP) Vol 5 No 1: March 2023
Publisher : Lamintang Education and Training Centre, in collaboration with the International Association of Educators, Scientists, Technologists, and Engineers (IA-ESTE)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36079/lamintang.ijlapp-0501.434

Abstract

The prosecution of former Sudanese President Omar Al Bashir has attracted great attention in the legal and academic spheres. At the center of the debate are pertinent issues surrounding the challenges and prospects that the International Criminal Court (ICC) is facing in prosecuting former Sudanese President Omar Al Bashir for crimes against humanity and war crimes. Ideally, a leader of a country should be arrested if he or she commits international crimes. However, in the case of Sudan and former President Al Bashir, it was difficult to get cooperation from the government. This article will unpack the role of the ICC in dealing with crimes against humanity and war crimes in Sudan committed by Al Bashir. This research relies documentary search/desk research. The major finding of this study include that there is a legal basis for the presence of ICC in Sudan since the Sudanese case was referred to the ICC by the United Nations Security Council (UNSC). The researcher discovered that the ICC faced a lot of hurdles in exercising its mandate and roles in prosecuting former Sudanese President Al Bashir, one the major challenge was the issue of non-cooperation by the African Union (AU) and African states, this is a challenge because the ICC relies on state cooperation to arrest Al Bashir. Another relevant finding is that there are prospects that Al Bashir will be arrested, this is due to unfolding events in Sudan. The researcher discovered that the new military government in Sudan, is showing signs of cooperation which would likely affect some African countries and the AU to cooperate with the ICC in arresting Al Bashir and surrendering him for trial in the ICC. In line with the conclusion, this study recommends that African states and the AU should consider contributing and cooperating with the ICC so that it can effectively operate in prosecuting perpetrators of international crimes.
Demystifying the Human Trafficking from the Human Rights Perspectives: A Comprehensive Review Barako, Basha Bekele
International Journal of Law and Public Policy (IJLAPP) Vol 5 No 1: March 2023
Publisher : Lamintang Education and Training Centre, in collaboration with the International Association of Educators, Scientists, Technologists, and Engineers (IA-ESTE)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36079/lamintang.ijlapp-0501.447

Abstract

Human trafficking is presently catching the attention of most governments and international organizations owing to its severe health consequences and issuant social crisis. It is thus resulting in severe impacts on the lives of trafficked people who are susceptibly in a condition beyond their control. More desperately, the problem is worsened because most governments and institutions haven’t taken the problem from the human rights perspectives. This particular particle makes a comprehensive review on the human trafficking from the human rights perspectives. After reviewing different literatures it was found that the human right violation on the trafficked person is committed in different stages of the process either by the government and traffickers themselves. Therefore, the responses against the human trafficking should make the human rights at the center.
Juridical Review of Delivery Practices outside the Indonesian Health Service Facilities Saputera, Yandi; Razy, Fakhruddin; Sinta, Selly Hestiani
International Journal of Law and Public Policy (IJLAPP) Vol 5 No 1: March 2023
Publisher : Lamintang Education and Training Centre, in collaboration with the International Association of Educators, Scientists, Technologists, and Engineers (IA-ESTE)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36079/lamintang.ijlapp-0501.470

Abstract

Childbirth is a process that is awaited by all pregnant women who are expected to run smoothly because the delivery process does not always run without obstacles, especially if it is not carried out by health workers and with adequate medical equipment. A delivery may be considered quite dangerous for pregnant women if in practice there are no tools and places that meet labor standards to support the delivery process for pregnant women. This study was made to find out how the legal system in Indonesia regulates the practice of childbirth carried out outside the available health service facilities such as health centers, hospitals, and midwife independent practice facilities. The method in this study is normative legal research, namely by researching library materials by analyzing the arrangements in various statutory provisions and through data contained in several literatures. Based on the discussion and research results that the practice of childbirth carried out outside the health care facility is allowed by taking into account the statutory regulations and policies of the local government.
Core-Plasma Pattern Partnership Agreement with Micro-Small Business based on the Perspective of Competition Law Tri Anggraini, Anna Maria; Kerti, Renti Maharaini; Sabirin, Ahmad
International Journal of Law and Public Policy (IJLAPP) Vol 5 No 1: March 2023
Publisher : Lamintang Education and Training Centre, in collaboration with the International Association of Educators, Scientists, Technologists, and Engineers (IA-ESTE)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36079/lamintang.ijlapp-0501.476

Abstract

Partnership agreements that aim to mutually benefit both parties, especially empowering micro and small businesses, often have unfavorable consequences for parties whose bargaining position is weak, so that the business competition authority is also given supervisory authority over the implementation of the agreement. The imbalance in bargaining position in this agreement is the reason for writing to raise the issue of understanding owning and/or controlling micro and small businesses according to the applicable regulations and how it is implemented in the nucleus plasma partnership scheme for the oil palm plantation sector. This normative research includes prescriptive research using secondary data which is analyzed qualitatively and concluded using deductive methods. The results of this study indicate that the notion of having is defined as ownership of equity or capital, while the term control focuses more on managerial control which ultimately has an impact on asset control. The partnership agreement contains several clauses that have the potential to own and/or control micro-small businesses according to Law 20/2008 jo. Law 11/2020, besides that, it also has the potential to violate the provisions or principles of unfair business competition. However, this potential violation is difficult for competition authorities to reach due to the absence of technical regulations that explain the meaning of owning and/or controlling micro and small businesses. Therefore, KPPU needs to prepare further regulations in the form of guidelines that explain the limitations.

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