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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
Examining the Occupational Safety and Health Hazards encountered by Municipal Waste Collectors in Murewa Rural District Council, Zimbabwe Intauno, Kudakwashe; Poshai, Leon
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-0502.532

Abstract

The failure of Zimbabwean local authorities to implement contemporary waste management technology, combined with refuse management incapacity exposes handlers of solid waste to work-related diseases and accidents. The study sought to use Murewa Rural District Council (RDC) as a case study and a mixed-method that triangulated qualitative and quantitative research methodologies was employed as a method of inquiry. The study established that, in Murewa, there is an irregular garbage collection schedule which results in piles of uncollected refuse on roadsides, street corners and other undesignated areas. The illegal dumping of refuse and overflowing of garbage bins have become an eyesore in Murewa Township Centre. The people employed to clean this mess are often ill equipped to clean the garbage in hygienic ways as they often use their bare hands to shovel the garbage from dumpsites and overloaded bins into the refuse collection trucks. In doing this, these workers are exposed to biological hazards such as bacteria, fungi, viruses, parasites and cysts. To minimise the associated hazards, the study suggests, among other things, that the Murewa Rural District Council should improve workplace safety and health for employees by modifying workplace and process design and by adhering to the hazard identification and risk assessment methodology.
Policy Communities and Natural Disasters: Cyclone Eline and Idai in Zimbabwe Mutizwa, Bismark
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-0502.538

Abstract

Zimbabwe is vulnerable to natural disaster of various kinds including earthquakes but the most common and destructive have been cyclones which appear to be more frequent and aggressive in recent years. This paper seeks to explore the heuristic value of the concept of policy community in understanding how cyclones are dealt with throughout the natural disaster cyclone. As such, the paper`s ambition is not so much to understand cyclones as natural disasters - admittedly an important subject on its own - but to dissect how policy stakeholders i.e those who are affected and want to affect the policy problem respond to cyclones that ravage Zimbabwe, especially the eastern part of the country.
Role of Divestment in Realizing the Welfare of Indonesian Suwarsit, Suwarsit
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-0502.540

Abstract

Welfare state is a country that participates in the economic interests of its people. Divestment is the sale of business carried out by a company and is the opposite of investment. Given the definitions, this study aims to find out if divestment can create an Indonesian welfare state. The results of the study show that in realizing the Indonesian welfare state, divestment should be carried out by foreign companies by selling their shares to the Indonesian side through the sovereignty owned by the Indonesian State in the mineral and coal mining sector. Sovereignty owned by the Indonesian state plays an important role for the Indonesian state to oblige the divestment of foreign companies. Without the sovereignty of the Indonesian state, the divestment of foreign companies in Indonesian is unlikely to occur.
Construction Waste Management from Environmental Law Perspective in Indonesia Hansen, Seng
International Journal of Law and Public Policy (IJLAPP) Vol 6 No 1: March 2024
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-0601.578

Abstract

Several prior studies have linked the relationship between construction activities and environmental degradation. This research focuses on one of the major issues confronting the Indonesian construction industry, namely construction waste management. In practice, construction waste cannot be avoided and thus must be managed properly. Using a descriptive normative legal study approach and a case approach, this research seeks to investigate the practices and conditions of construction waste management as well as the regulatory legal framework related to construction waste management in Indonesia. This study found that the practice of implementing construction waste management varies greatly depending on the understanding and skills of construction business actors, especially contractors and subcontractors. In addition, normative studies show that there is no regulation that specifically regulates the management of construction waste in Indonesia. Therefore, this research contributes by: (1) encouraging the government to make policies that specifically regulate construction waste management, (2) encouraging periodic monitoring and supervision efforts on the implementation of construction waste management, and (3) encouraging the active participation of the community to participate in supervising the execution of construction projects, especially regarding the management of construction waste. Therefore, this study emphasizes the importance of a legal framework for construction waste management in order to realize sustainable construction.
ASEAN at the Crossroads of US-China Rivalry: The Role of Majority Voting and the Introduction of a Permanent Secretary-General Lee, Brice Tseen Fu; Sims, Juan Pablo
International Journal of Law and Public Policy (IJLAPP) Vol 6 No 1: March 2024
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-0601.586

Abstract

This paper examines ASEAN's need for structural reform amidst the US-China rivalry, highlighting the limitations of its consensus approach during crises. It proposes majority voting as an emergency measure and advocates for a Permanent Secretary-General position, ensuring consistent leadership. The analysis balances the benefits and challenges of these reforms, emphasizing the necessity for ASEAN to evolve while maintaining its core values, ensuring relevance and unity in addressing major geopolitical challenges.
A Constitution without Constitutionalism: A Gambian Paradox Mendy, Ousu
International Journal of Law and Public Policy (IJLAPP) Vol 6 No 1: March 2024
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-0601.607

Abstract

Constitutionalism and democratization are the current governance trends in Africa, and these are complemented with new constitutions. The Gambia is not an exception as it transcends from dictatorship. However, the country faces a paradoxical menace of a constitution without constitutionalism as it faces deficit of constitutionalism in praxis despite its theoretical deliberation in the State’s 1997 Constitution. This research uses doctrinal or normative legal research with focus on provisions of laws, books, journal articles and other secondary materials that speak to the facts in issue. This Africa’s smallest mainland country is a victim of the 1884 – 1885 Berlin Conference as it still tries to give much premium to foreign legal systems over customary practices of the people before this Berlin project. While constitutionalism seeks to limit the power of the government, its most critical constituent as regards the concept of constitution without constitutionalism is the rule of law. The rule of law premises on the ground that all state’s constituents must be subject to the law. Therefore, the metaphor of a saviour, savage, and victim as the 1997 Constitution, the State and freedom of expression respectively suggests the totality of the complexity of a constitution without constitutionalism.
An Assessment of the Productivity and Effectiveness of Law Making from the Legal Perspective of the Indonesian State Arifin, Firdaus
International Journal of Law and Public Policy (IJLAPP) Vol 6 No 1: March 2024
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-0601.653

Abstract

The People's Representative Council of the Republic of Indonesia (DPR RI) plays a crucial role in the legislative process that shapes national policies. However, its effectiveness is often questioned due to discrepancies between the number of enacted laws and the set targets. This study aims to evaluate the legislative performance of the DPR RI during the 2019-2024 period, focusing on the quality and relevance of the laws produced. The research employs a normative approach to assess the alignment of legislative outputs with constitutional principles, alongside an empirical approach to measure legislative productivity and its impact on society. The findings indicate that although the DPR RI successfully enacted several laws, many of these legislative products fall short of public expectations in terms of both quantity and quality. The implications of this study highlight the need for improved legislative efficiency and increased public participation to ensure that the laws produced are more responsive to societal needs.
Implications of EndSARS Protest on National Security and Development Unachukwu, Daniel; Ezewudo, Ugochukwu Obumneme
International Journal of Law and Public Policy (IJLAPP) Vol 6 No 1: March 2024
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-0601.670

Abstract

The EndSARS protest, which was sparked by public outcry against police brutality, had a significant impact on Nigeria’s national security and development. The protest primarily called for the dissolution of the Special Anti-Robbery Squad (SARS), a unit notorious for its human rights abuses. Underlying issues such as poor governance, rampant corruption, and the Federal Government's failure to reform the Nigerian police system were key factors leading to the massive demonstrations in 2020. Citizens were frustrated with the systemic negligence and lack of accountability, which prompted them to demand justice and police reforms. This paper adopts a descriptive approach to analyze the situation and highlights the importance of the government taking proactive measures to address security issues. The protesters’ grievances reflect a broader societal need for transparency, accountability, and fairness in governance. Therefore, it is crucial for the Federal Government to listen to the voice of the people and implement reforms that ensure the protection of citizens' rights and improve police conduct. By addressing these concerns, the government can help prevent the recurrence of such protests, which may escalate into more dangerous and widespread movements in the future. The paper argues that if the underlying factors are left unchecked, future protests could have far more severe consequences for national stability and development. Thus, the government must act decisively to reform the system and restore public trust.
A Study of Financial Crimes in the Banking Sector of Bangladesh Kabir, Musnun; Hosen, Md. Mosharaf
International Journal of Law and Public Policy (IJLAPP) Vol 6 No 2: September 2024
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-0602.677

Abstract

In recent years, Bangladesh has witnessed significant financial crimes within the banking sector, which pose a serious concern for the country. This research investigates the nature and contributing factors of financial crime in the banking sector, along with its primary causes and consequences. The study adopts a qualitative and descriptive approach to examine the modus operandi and impacts of such crimes. Secondary data have been collected from relevant literature, annual reports of Bangladesh Bank, and reviews of pertinent laws and legal cases. Additionally, this study explores various legal measures that can be implemented to curb financial crime in the banking sector. It also highlights the most critical actions that could be taken to prevent these crimes. The aim is for readers to gain a deeper understanding of financial crime and the mechanisms by which law enforcement addresses such offenses. The researcher has analyzed the nature, causes, effects, and potential preventive measures regarding financial crime in Bangladesh's banking sector.
Challenges and Solutions for Labor Law Reform that Strengthens Workers' Rights in Viet Nam Thuy, Nguyen Thi; Pham, Hoang Huy; Stern, David Regier
International Journal of Law and Public Policy (IJLAPP) Vol 6 No 2: September 2024
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-0602.687

Abstract

This study provides a comprehensive analysis of the legal protections for bargaining rights in Vietnam, exploring the impacts of rapid economic development, globalization, and recent legislative reforms. The Đổi Mới reforms of the late 20th century marked a significant shift from a centrally planned economy to a socialist-oriented market economy, leading to substantial changes in Vietnam’s labor laws. These reforms aimed to align Vietnam’s labor regulations with international standards, particularly concerning workers' bargaining rights. Employing a qualitative research approach, this study analyzes the effectiveness of Vietnam’s Labour Code, the role of trade unions, and recent legislative updates through documentary research and expert interviews. Findings highlight both progress and challenges: while legal provisions for collective bargaining and the role of trade unions have seen improvements, significant weaknesses remain in enforcement mechanisms and coverage for informal workers. The research identifies practical issues, including the disparity between formal and informal sectors and the limited independence of trade unions. The study proposes recommendations to enhance bargaining rights protections, such as strengthening enforcement, expanding legal coverage to informal workers, increasing trade union autonomy, and improving legal aid services. These insights aim to inform policymakers, legal practitioners, and labor rights advocates on how to address existing gaps and improve the effectiveness of labor protections in Vietnam. Ultimately, this research contributes to the broader discourse on labor rights in transitioning economies, offering strategies for advancing legal protections in response to ongoing economic and social changes.