International Journal of Law and Politics Studies

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EISSN : 2709-0914
Total articles ≅ 16
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, Li Lu Gen, Majid Ali, Muhammad Asif
International Journal of Law and Politics Studies, Volume 4, pp 27-31; https://doi.org/10.32996/ijlps.2022.4.1.4

Abstract:
The protection of trademarks has been considered a significant issue and a big challenge both for underdeveloped and developed nations. This study aims to shed light on important issues regarding trademark protection in two major countries, i.e. China and Pakistan. In the previous studies, emphasis was given on innovation and patents, but less focus was paid on trademarks. Like other components of intellectual property assets, the role of trademarks is much more important in all types of firms across the whole economy. A ten years’ comparative analysis of the trademark protection index of China and Pakistan have been conducted in this study using secondary data from the website. In this study, secondary data was collected from the International Property Rights Index (IPRI) portal. Furthermore, this study elaborates on some salient loopholes affecting the lack of compliance of intellectual property rights in China and Pakistan, considering the current era of this century. The findings of this study suggest that the legal systems of China and Pakistan needs reforms and need to be adopted similar type of practices implemented in Western economies and developed nations. Finally, some recommendations related to trademarks reforms have been discussed at the end of this paper.
Ravi Verdira, , Siti Hamidah Djumikasih
International Journal of Law and Politics Studies, Volume 4, pp 01-05; https://doi.org/10.32996/ijlps.2022.4.1.1

Abstract:
This article discusses the urgency of reformulation of the function of the Board of Directors as an organ of persero company in carrying out the company's business activities to obtain profits that are further deposited to the state as non-tax state revenues. This research is normative research. The results of this study show that the transfer and guarantee actions carried out by Directors against persero's assets are one form of legally valid management as long as it is in accordance with the laws and regulations, its basic budget and the interests of persero. In order to achieve legal certainty, it is necessary to reformulate the function of the Board of Directors of Persero in the laws and regulations into the function of management, ownership and representing persero both in and in court as long as it is in accordance with the laws and/or articles of association of Persero.
Muntasir Sameer Abu Alra’Uf Jaraar
International Journal of Law and Politics Studies, Volume 4, pp 06-12; https://doi.org/10.32996/ijlps.2022.4.1.2

Abstract:
The present study discusses the national strategies having been adopted by Palestinians to put an end to Israeli occupation. The study aims to show how Palestinians plan to establish their state and get rid of the occupation by using different strategies and policies. The study adopts historical research method to support authentic historical data about Israeli-Palestinian conflict. Such a method has helped researcher provide proper data that may help Palestinian political leaders understand the nature of conflict and this know how to deal with the issues of this conflict in the future. The study also adopts descriptive analytical research method to describe and analyze the data. The study finds that it is very vital for Palestinians to unite and to have one ‘unified’ national strategy in order for ‘popular resistance’ to work out. Besides, the study finds that Palestinian leaders and peace activists ought to create ties with Israeli and western activists in order to strongly activate ‘popular resistance’ against Israeli occupation. Furthermore, the study recommends that Palestinian leadership, factions, peace organizations and national institutes ought all adopt one ‘integrated strategy’ to confront Jewish influence.
International Journal of Law and Politics Studies, Volume 4, pp 13-26; https://doi.org/10.32996/ijlps.2022.4.1.3

Abstract:
The operations of loading and unloading at the maritime cargo are the responsibilities and duties of the carrier or the shipper, or the consignee. These duties are difficult to be carried out in the frame of increasing load of ships at the modern era, and to accomplish the desire of parties of the maritime transport contract regarding the speed of execution, whereas accomplishment of these operations inquires any private equipment and high-efficiency labors at this side. However, the carrier cannot ensure these matters at every port where his shops arrive. On the other hand, it is not within the capacity of the shipper or the consignee, which necessitated recourse to a specialized contractor who performs it on his behalf in return for a wage and through his labors and equipment owned by him or leased from the port administration, which is known as the loading and unloading contractor. The carrier, shipper or consignee can entrust to him to carry out any of these operations except for sea transport. The loading and unloading contract concluded by the latter may include receiving the goods from the shipper, shipping them, stacking them, unpacking, unloading, or delivering them to the consignee. Although there is a special entity for both the loading and unloading contract and the maritime transport contract - the first interferes with the implementation of the second, which raises several inquiries regarding the degree to which loading and unloading contractors taking benefit from identification the responsibility of the sea carrier under the bill of lading, since there is an overlap in the two contracts and loading and unloading contract is a way to carry out the maritime transport contract.
International Journal of Law and Politics Studies, Volume 4, pp 32-37; https://doi.org/10.32996/ijlps.2022.4.1.5

Abstract:
In the effort to eradicate terrorism, the security dimension is thick in the policy of eradicating terrorism. Civil society is worried about the material of the 2018 Law Number 5 concerning the Eradication of Criminal Acts of Terrorism; it is considered that the Act can reduce the level of state compliance with respect, protection, and fulfillment of human rights in eradicating terrorism in addition to the effectiveness of the method of eradicating terrorism. The purpose of this study is to provide an overview and analysis of the form of the threat that has undergone a shift that requires the army as the main component of the defense system to reposition itself by placing itself in the right position in the midst of the dynamics of developing threats. The method in this research is normative juridical through a comprehensive study by taking sources from regulations and laws, while empirical juridical research is a study based on observations on threats involving the TNI. The theory used is the Theory of Authority and Theory of Rule of Law as the theoretical basis for the analysis of the main problems regarding the change of the army from a conqueror to a professional soldier. The military does not intervene in politics, and conversely, there is no political intervention in the military. Law of 2004 Number 34 concerning the TNI states that the Indonesian National Army was built and developed professionally according to the country's political interests, referring to the principles and values of democracy, human rights, civil supremacy, provisions of national and international laws that have been ratified.
Pingxue Zou,
International Journal of Law and Politics Studies, Volume 4, pp 38-50; https://doi.org/10.32996/ijlps.2022.4.1.6

Abstract:
In April 2020, a debate broke out over whether the Liaison Office of the Central People’s Government in the Hong Kong Special Administrative Region (LOCPG HK) and the Hong Kong and Macau Affairs Office of the State Council (HKMAO) have the authority to comment on Hong Kong's Legislative Council affairs under Article 22 of the Basic Law of the Hong Kong SAR. In response to this debate and to review the divergent interpretations of Article 22 of the Basic Law by China mainland and Hong Kong commentators, this research examines the legislative history, original intention of Article 22, and its relationship with relevant Chinese law and policies. It argues that the LOCPG HK and the HKMAO are not subject to Article 22 of the Basic Law. Furthermore, these agencies' involvement in Hong Kong issues should be regarded as exercising their lawful authority to supervise Hong Kong's internal affairs rather than as "interference". It advocates that to reduce the conflict in interpretation between Mainland and Hong Kong legal communities, textual analysis, systematic content analysis, and the Chinese legal system should be the bases of future interpretation and application of the Hong Kong Basic Law.
Nancy Asbaghipour,
International Journal of Law and Politics Studies, Volume 3, pp 10-15; https://doi.org/10.32996/ijlps.2021.3.2.2

Abstract:
No part of society can elude legitimate occasions. Some of the time, eagerly or unwillingly, another is hurt, and the issue of hurtful obligation or how to compensate is raised by others. The rules and controls of each nation or other nations may be distinctive, and the way of demonstrating obligation and its components and the approach of the courts in deciding the sum of harms may moreover be diverse. Since the legitimate British framework is to some degree diverse from the legitimate Iranian framework, it appears valuable to know the sees of this framework. The think about of these likenesses and contrasts, counting the way of sanctioning laws, their modification, the way of the trial of courts and the limits of duties and the way of execution of judgments, raises numerous scores and gives other viewpoints for analysts to be utilized in tackling issues in society. The article presented attempts to clarify the perspective of the UK legal framework and compare it with the Iranian legal framework in terms of designing respectful risks within the contract to realize the over the result. All legitimate frameworks look for a full stipend. In this respect, due to the reality that the strategy of remuneration among other remuneration strategies within the UK, the legitimate framework of this nation has set exact criteria based on which the assurance of full emolument. It is more standard and precise. Iranian law is generally appropriate on the issue of damages. This can occur despite the fact that the refusal of the rule of the presence of a way of a stipend in infringement of legally binding commitments has not been considered with assurance.
Victor Chiruta, Robert Renshaw
International Journal of Law and Politics Studies, Volume 3, pp 26-28; https://doi.org/10.32996/ijlps.2021.3.2.4

Abstract:
In the State of New South Wales (NSW), Australia, the prosecution in criminal proceedings is seeking deterrence punishment for offenders manufacturing 3,4-methylenedioxyamphetamine (MDA) from the precursor helional via the ‘Two Dogs’ method (TDM). The reason given by the prosecution is a presumption that the TDM does not use any unrestricted chemicals in the synthesis of MDA. A comprehensive literature search was conducted. The relevant law was searched to fact-check the assertion of the prosecution. It was found that the prosecution was incorrect. Intermediate precursors of the TDM are restricted in NSW. However, the starting precursor helional remains unscheduled in NSW, yet helional is scheduled in some other Australian States. The prosecution’s position may play a significant factor in the sentencing proceedings of offenders. Therefore, as a matter of urgency, the prosecution must review and update its position and its submissions, keeping with the factual position in relation to the legal provisions of precursors used in the TDM.
International Journal of Law and Politics Studies, Volume 3, pp 33-46; https://doi.org/10.32996/ijlps.2021.3.2.6

Abstract:
The 2019 Coronavirus Disease (Covid-19) pandemic caused a health crisis and caused economic disruption, one of which was companies experiencing decreased sales or orders, decreased revenues, increased losses, and even company closures. One of the steps taken by the company is to terminate the employment relationship (PHK), which often causes debate about the terms and compensation for the layoffs received by workers. Things that are often debated include whether the layoffs due to the Covid-19 pandemic were carried out based on force majeure or efficiency. This research was conducted to determine how the layoffs are arranged due to force majeure and efficiency and to determine the views of the panel of judges who examined cases of industrial relations disputes in Decision Number 781 K/Pdt.Sus-PHI/2021. This study uses a normative juridical method with descriptive characteristics, which uses primary and secondary legal materials. The results of this study indicate that the labor law both before and after the enactment of Law Number 11 of 2020 concerning Job Creation provides space for employers to carry out layoffs based on force majeure or efficiency, and there are significant differences in arrangements before and after the enactment of the Job Creation Act. The view of the Panel of Judges in case Number 781 K/Pdt.Sus-PHI/2021, there is a need for a causal relationship between the Covid-19 pandemic and conditions that force employers to lay off workers. If causality cannot be proven, layoffs are an efficiency measure to reduce the impact of the Covid-19 pandemic.
International Journal of Law and Politics Studies, Volume 3, pp 29-35; https://doi.org/10.32996/ijlps.2021.3.2.5

Abstract:
The mechanism for transferring people's sovereignty is carried out through general elections to elect leaders and representatives of the people who will be mandated to carry out state and government affairs in accordance with the provisions contained in the legislation. One of the interesting developments from the point of view of the Indonesian state administration began when Indonesia experienced a transitional period of general elections (elections) which are one of the main pillars of democracy. In Indonesia, the existence of an election management body has existed since the 1955 general election until now. In every course of political history, Indonesia has several different institutional models of election management from time to time. The General Election Commission in Indonesia it is called Komisi Pemilihan Umum (KPU) is an institution that carries out the function of organizing elections in Indonesia. In addition to the KPU, there are institutions that also play an important role in the implementation of elections and are closely related to the existence of the KPU, namely survey institutions that carry out quick count processes. The survey institutions in a number of developing countries, especially those that are actively building democracy, are also not a little doubted by their moral honesty, at least being sued with a critical attitude such as the existence of a poll on the existence of a political survey institution, which has resulted in an attitude of uncertainty about the performance survey agency. This condition makes people less confident in the survey results which are considered no longer independent. It is proven that every time an election is held, a number of survey institutions seem to want to lead public opinion towards certain contestants. This is certainly very unfortunate considering that the survey results are one of the important instruments in democracy.
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