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International Journal of Law and Public Policy (IJLAPP)
ISSN : 27216934     EISSN : 27216942     DOI : https://doi.org/10.36079/lamintang.ijlapp
Core Subject : Social,
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 61 Documents
The General Education Curriculum in the Philippines: A Policy Analysis Asio, John Mark; Mendoza, Kristin Joy; Soriano, Imelda
International Journal of Law and Public Policy (IJLAPP) Vol 4 No 2: September 2022
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-0402.403

Abstract

Due to the fast pace changes and impact of globalization and technological advancement, this is a significant challenge to the educational system. More importantly, the students, the faculty, the institution, the school administration, and the stakeholders have something to think over. Internationalizing the curriculum in the local context is a predicament that the government must address for students to be globally competitive and ready for the challenges of tomorrow. This particular paper analyzed the Philippine General Education Curriculum (GEC). The analysis of this paper resulted in two policy options which provided a comprehensive discussion regarding the ramifications of implementing the new general education curriculum in higher education institutions. Afterward, the paper also shared a SWOT and stakeholders' analysis to provide practical ideas and perspectives for school administrators to consider timely decision-making and school management. Finally, this paper offered some relevant recommendations for future references.
Unpacking Civil-Military Relations Trajectory in the New Dispensation in Zimbabwe Marawako, Jonah; Mupasu, Tatenda Yvonne
International Journal of Law and Public Policy (IJLAPP) Vol 4 No 2: September 2022
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-0402.406

Abstract

The removal of Mugabe by the civil-military alliance ushered a new hope for improved civil-military relations in Zimbabwe. Prior to the coup, civil-military relations were strained and the military was unleashed by the government on the civilians to undermine democracy. During the ouster of Mugabe the military used the civilians to demonstrate thereby legitimising their putsch. There was euphoria among the civilians that this was the beginning of democracy and the stabilisation of civil-military relations. However the exultation suffered from stillbirth as the military continued with its traditional practice of untethering violence and coercion on the civilian, in the post-Mugabe epoch militarisation reached its crescendo. This research analyses civil-military relations in the context of the role of the military in the 2018 elections, militarisation of artisanal small-scale mining in Zimbabwe and the collision of militarisation and state capture. This paper argues that the political vicissitude heralded the military-executive alliance that employs an orgy of violence on the civilians hence this exacerbates strained civil-military relations in Zimbabwe and cast a horrendous situation for democracy in the future. The Corona virus 2019 (COVID 19) lockdowns rules and regulations have aggravated the relations as the military used comprehensive surveillance against the civilians.
Legal Framework for the Management of External Public Debt in Zimbabwe Mapuvire, Victor; Mapuvire, Davidzo
International Journal of Law and Public Policy (IJLAPP) Vol 4 No 2: September 2022
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-0402.412

Abstract

The establishment of an effective governance structure consisting of a sound institution and legislative framework is one of the fundamental requirements for having a prudent and effective debt management system capable of ensuring debt sustainability in place. There are numerous legal arrangements that have been established by the GoZ for the management of the country’s external public debt. This paper therefore examines the legal arrangements put in place for the management of external public debt in Zimbabwe. Methodologically, the paper was based on a qualitative approach and relied on secondary data obtained from original or primary sources. Findings from the paper reveal that, the legal framework for debt management in Zimbabwe comprises of; the Constitution of Zimbabwe Amendment (No. 20) Act 2013, the Public Finance Management Act [Chapter 22:19] of 2009, the Public Debt Management Act [Chapter 22:21] of 2015 as well as the Reserve Bank of Zimbabwe Act [Chapter 22:15] of 2010. However, even though such a legal framework somewhat meets the minimum acceptable standards for the management of external public debt, it can be noted that there have some areas of concern with the current legislation framework that required attention. Such a scenario therefore undermines the effective management of the country’s external public debt. This paper thus recommends that there is need to reform the legal framework for the management of external public debt in Zimbabwe.
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.
Civil and Political Rights in Constitutionality of Accommodation of Individual Candidates and Elimination of Presidential Thresholds from the Perspective of the 1945 Constitution Sabirin, Ahmad; Notoprayitno, Maya Indrasti; Ramadhan, Jihad; Herfian, Raafid Haidar
International Journal of Law and Public Policy (IJLAPP) Vol 5 No 2: September 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-0502.499

Abstract

Indonesia will hold presidential and vice-presidential elections, however, currently, the election mechanism for presidential and vice-presidential candidates only accommodated nominations through political parties and also still uses the provisions of the Presidential Threshold. Indonesia is a country that adheres to a democratic system which of course strongly adheres to the principle of people's sovereignty which guarantees the rights of all its citizens, and should also accommodate the mechanism of presidential nomination through individual or independent channels. Thus, blocking the rights of some citizens who wish to nominate themselves through non-political party channels, indicates that democratic principles have not been implemented properly. Based on this background, the formulation of the problem, how is the accommodation of individual candidates in the presidential election and the elimination of the presidential nomination threshold in Indonesia and the solution as a democratic country from the perspective of the 1945 Constitution? The type of research used is juridical-normative research, in designing the format of the mechanism for the recruitment of candidates for president and vice president in the electoral system in Indonesia, it must be by democratic principles, this is based on the preamble of the 1945 Constitution as the highest law in Indonesia that adheres to the principle of people's sovereignty. To implement democratic principles well in general elections, Indonesia needs to apply a two-door recruitment mechanism format, which is a format that provides two kinds of doors as a nomination pathway. Based on this, it is necessary to immediately implement and realize a two-door nomination mechanism, namely through political parties and also through individual or independent channels in the Presidential Election and it is also necessary to remove the Presidential Threshold to carry out democratic elections. and justice to maintain peace and prosperity.
Juridical Analysis of Farmer Group Legal Security Sulistio
International Journal of Law and Public Policy (IJLAPP) Vol 5 No 2: September 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-0502.516

Abstract

Farmers have made a real contribution to agricultural development and rural economic development. to realize food sovereignty, “food self-sufficiency and food security in a sustainable manner, farmers as actors of agricultural development need to be given protection”. The idea of forming a group comes from the fact that each individual cannot fulfil their needs individually as experienced by the less fortunate Panoramic farmer groups so they need support to develop their socio-economic life. The research was conducted as an effort to prove that the counselling activities provided were able to encourage the group. This study uses a legal sociology approach. This research took place in Pamotan Village, Dampit District, Malang Regency. Primary data was obtained from observation and direct interviews with informants and data analysis using interactive analysis models. The results of the study found that the Malang district government played a role in the development of panoramic farmer groups by providing counselling and training to members of farmer groups, this phenomenon indicates that the government and stakeholders have participated in carrying out their duties based on the provisions of Article 66 of Law Number 19 of 2013 concerning Protection and Empowerment Farmers, by facilitating farming capital, are proven to have legal protection for the Panoramic Farmer Group. They receive assistance from the government in the form of KUR loan assistance for agricultural operations with small interest and also receive assistance in the form of machinery, transportation equipment and building materials to support the quality of the Panorama Farmer Group's farmer production.