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INDONESIA
International Journal of Law and Society
Published by NAJAHA Education Development Cente
ISSN : 28279050     EISSN : 28279042     DOI : 10.59683
Core Subject : Humanities, Education, Social,
Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences
International Journal of Law and Society (IJLS) focuses on law and social studies theory and practice. It publishes articles by Indonesian and foreign authors dealing with current national and international law, legal philosophy, legal history and other law-related social science disciplines. It also contains discussions, reviews, annotations, and news from the science community. IJLS is a peer-reviewed journal and welcomes papers on topical legal and social issues.
Arjuna Subject : Ilmu Sosial - Ilmu Sosial (Lain-Lain)
Articles 84 Documents
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Sovereignity Issues and Legal Framework Challenges for Foreign Direct Investment in Developing Countries Keita, Kain; Yeon, Asmah Laili Binti; Razak, Aida Binti Abdul; Abdullah, Nor Anita
International Journal of Law and Society Vol 2 No 2 (2023): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v2i2.41

Abstract

A host state has faced sovereignty issues and challenges in adopting and applying a legal framework for Foreign Direct Investment (FDI) governed by International Investment Law (IIL). IIL provides certain protection to FDI in a host country. The protections have been considered standard in the liberation of the FDI, which could positively impact the FDI attraction into countries. However, the host state's ability to regulate the public interests for a common concern of the peoples, such as social, economic, environmental, and human rights achievement, is indeterminate in IIL, and it became mostly a challenge for the host states. These needs are increasingly being requested by the population from governments. This study looks at how the state’s sovereignty power can be met in the adoption and application of laws and policies for the public's interest and assessment methods which are mostly used by the court in foreign investment disputes. An empirical analysis of the legal issue based on available literature is made. The findings of this study show that the necessity to understand the fears for sovereignty underpins the debate on its legitimacy in investment arbitration. The established sovereignty of state laws is shown in FDI and the desired areas of public interest regularisation. The international arbitral tribunals may reveal the right to balance between private and public interests in applying the national laws, which significantly show unclear and or open-textured international investment agreements (IIAs) provisions. The public interests are mostly applied to national laws over international law.
Rural Socio-Economic Impact of Arms Proliferation on Crime in Katsina-Benue State Obademi, Agnes Olufunke; Jonathan, Chagba; Onuh, Omale
International Journal of Law and Society Vol 2 No 2 (2023): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v2i2.42

Abstract

The study investigated the rural socioeconomic impact of arms proliferation on criminality in Katsina-Ala local government, Benue state, Nigeria. Two research questions guided the study, and a cross-sectional survey research design will be used to examine arms proliferation and criminality in Benue State. Area of the Study Katsina-Ala Local Government, while the sample size for the study was 400, the research uses cluster and random sampling techniques to select the study population. By simple random sampling, the names of the ten (12) council wards were written on pieces of paper, wrapped, dropped into a container and shaken thoroughly. Five (6) council wards out of the original ten (12) wards were randomly selected. The data collected through the questionnaire were analysed using frequency counts and percentages. From the findings, it was concluded from the research findings that even though arms proliferation is caused by so many factors, profitability and utilisation of small arms have been singled out as the primary cause of the unrest in Katsina-Ala Local Government Area of Benue State.
An Appraisal of Religious Fanaticism and the Imperative of the Dialogue of Life and Tolerance in Nigeria Haaga, Paul T.; Ngbea, Gabriel T.
International Journal of Law and Society Vol 2 No 3 (2023): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v2i3.53

Abstract

This paper argues that critical reflection on Nigeria's situation in the context of crisis and conflict reveals that religion ranks first as a cause of crisis and conflict. This paper seeks to engage in philosophical reflection on religious bigotry in Nigeria and ascertain how it affects our existence. The type of research used is qualitative with a descriptive approach. Primary data was obtained through in-depth interviews with respondents, while secondary data came from literature, case studies, previous research reports and related legal documents. Qualitative data analysis uses a thematic approach and data interpretation. The results of this study are on two fronts: the first front preoccupies itself with discourse on the scourge of religious fanaticism in Nigeria, while the second front reflects the fertility of life dialogue as a form of interreligious dialogue to withstand the threat of religious fanaticism with the aim of elevating a culture of religious tolerance that creates peaceful coexistence. necessary for sustainable development and progress in contemporary Nigeria.  
A Regulatory Framework on Foreign Direct Investment as a Factor in Determining the Economic Growth in Malaysia Post-Covid-19 Pandemic Keita, Kain; Razak, Aida Binti Abdul; Abdullah, Nor Anita
International Journal of Law and Society Vol 2 No 3 (2023): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v2i3.60

Abstract

A country's economic growth rate is the percentage change in the value of all goods and services produced during a certain period compared to the previous period. Since the Covid-19 pandemic was announced and hurting all businesses, several companies have depended on foreign direct investment (FDI) investment. Hence, this study aims to pinpoint new trends that Malaysian legal investment decision makers should follow to prepare for FDI attractiveness post-Covid-19. This study applies empirical theoretical methods with a qualitative approach to the relationship between state governments and foreign direct investors. The results of the analysis show that many countries that offer FDI face economic deficits and are more willing to develop themselves than others. It was agreed that FDI had a positive impact on Malaysia's economic growth and this growth was faced with shortcuts due to the negative impact of the Covid-19 pandemic. In addition, Malaysia has long-standing political problems which have impacted the country's FDI attractiveness. His contribution is to help these components adopt laws and regulations that are good for the future as the country has been dramatically impacted economically.
Analysis of Offense Sexual Abuse on The Psychological Effects of Victims Febriansyah, Ferry Irawan; Ikhwan, Afiful; Agiyanto, Ucuk; Saputri, Pretty Desya
International Journal of Law and Society Vol 2 No 3 (2023): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v2i3.61

Abstract

The population level of citizens must be balanced with the high level of welfare of the Indonesian population. Every citizen has the right to obtain it by allowing it to grow and develop optimally, physically, mentally, socially and as a personality. One of the efforts is to protect against violence, in this case, sexual violence. This study aims to reveal the impact caused by victims of sexual abuse. The results of this study explain that the psychological impact of sexual harassment is quite a lot, such as somatization, nervous pain, chronic pain, changes in sexual behaviour, schooling, learning problems, and problems including the use of illegal drugs, self-harm, cruelty to animals, human crime. Grown up and committed suicide. Therefore, the state's role is to provide legal protection to create a sense of security and legal guarantees for the obscenity that befalls them.
Comparative Study of Islamic and International Humanitarian Law Nabiebu, Miebaka
International Journal of Law and Society Vol 2 No 3 (2023): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v2i3.64

Abstract

The human community has always been characterized by conflict, governed by ethical and legal standards that have evolved with human civilization. This widely accepted standard was eventually defined as contemporary International Humanitarian Law (IHL). This study aims to analyze from two legal perspectives: Islamic and international humanitarian law. The method used in this research is comparative, including qualitative analysis. The results of this study suggest that regulation has developed mainly due to modern European activities, diminishing the potential contributions of other cultural and ethical traditions to its development and codification. However, it should be noted that the principles jus ad bellum (laws governing the use of force) and jus in Bello (the content of the laws of war) are evident in Islamic literature centuries before modern international law was codified, with little attention paid to them. This paper argues that Islamic humanitarian law, which regulates the treatment of prisoners of war, is comprehensive and comparable to the provisions of the 1949 Geneva Convention. In addition, the concept of Siyar's Islamic literature is very similar to the Geneva Conventions. This research augments international relations by examining the degree of concordance between the requirements of Islamic Humanitarian Law and Modern IHL concerning issues of immediate practical relevance in an era when several regions of the world are experiencing armed conflict.
Moderation as a Solution to Religious Harmony in Poso Central Sulawesi Firmansyah, Eka; Idris, Abdelmajid
International Journal of Law and Society Vol 3 No 1 (2024): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v3i1.67

Abstract

This study aims to formulate religious moderation in overcoming identity conflicts and creating religious harmony in Poso, Central Sulawesi, which has long plagued inter-religious conflicts. Identity conflicts very often occur, both on a national and international scale. On a national scale, no one doubts that Poso Regency is a region capable of reviving and freeing itself from the identity conflicts they have experienced. At present, Poso Regency is very suitable to be used as a laboratory for studies on religious harmony. This research was conducted with a qualitative approach. The data collection was done by observing, interviewing, and reading from published literature. From this research, it was found that there are several ways to overcome identity conflicts and create religious harmony, 1) Respect the rituals of worship of other religions, 2) Implement noble morals between religious communities, 3) Build cooperation between religious communities, 4) Creating a broad-minded generation. The implications of what has been done are as follows, 1) A safe environment is formed, 2) it is free from identity conflicts, 3) religious harmony is created, and 4) regional development is more rapid.  
The Aim of Religious Moderation is to Overcome Identity Conflicts Anwar, Saiful; Alwalid, Mohammed Alghiffar; Nizar, Nizar
International Journal of Law and Society Vol 3 No 1 (2024): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v3i1.68

Abstract

This research explains religious moderation in overcoming identity conflicts and creating religious harmony. Identity conflicts occur very often, both on a national and international scale. This research was conducted using a qualitative approach. This type of research is library research. Data analysis uses data reduction, presentation, and conclusion drawing/verification steps. This research found several ways to overcome identity conflicts and create religious harmony, respecting the worship rituals of other religions, implementing noble morals between religious communities, and building cooperation between religious communities. Conflict occurs not only in differences or misunderstandings within a group, but more in identity conflict at the cognitive and emotional level of the individual. Conflict reflects the gap between the values, beliefs, norms, and demands inherent in individual and group identities. So then moderate Islam with the concept of wasathiyah became the dividing line and resolved identity conflicts.
Military Court Authority to Adjudicate Serious Human Rights Violations Committed by TNI Personnel Ramadhan, Azis Akbar; Firdausi, Ulya Shafa; Putri, Cerninta Khisan Kusuma Pratama
International Journal of Law and Society Vol 3 No 1 (2024): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v3i1.79

Abstract

This study examines the Military Court's legal process and authority in trying to resolve human rights violations committed by TNI personnel. Normative legal research is used with a legislative approach and a conceptual approach, which is then analyzed against laws and regulations related to the problem to determine which court has the authority to try the case. The analysis results show that the Military Court's rule is to try criminal acts committed by a soldier, who according to the law is considered equal to a soldier, and members of a group or position or agency are considered soldiers according to the law. Military courts in the military justice system, even though they are under the jurisdiction of a special court, namely the human rights court in the general justice system.
Legal Regulations Against Violence in Marriage Febriansyah, Ferry Irawan; Agiyanto, Ucuk; Ikhwan, Afiful; Utami, Nurul Tri
International Journal of Law and Society Vol 3 No 1 (2024): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v3i1.80

Abstract

This study aims to analyze the legal provisions on marital violence with a focus on the implementation of the Law on the Protection of Women and Children. The problem analysis highlights the shortcomings in the implementation of the law that result in a lack of protection for victims of domestic violence. In addition, the challenges in law enforcement against perpetrators of marital violence are also discussed. The research method used is the normative legal research method, which analyzes various laws and regulations, official documents, and related court decisions. The analysis results show that although there is already a law that regulates the protection of women and children, namely the PPA Law. In the implementation of the PPA Law, there are efforts made to protect women and children from marital violence. These steps include case identification, handling reports, investigation processes, prosecution of perpetrators of violence, and protection and rehabilitation for victims. Further efforts are needed to strengthen law enforcement and increase public awareness of the rights of women and children in the context of marriage.

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