International Journal of Law and Politics Studies

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EISSN : 2709-0914
Total articles ≅ 5
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Articles in this journal

Nancy Asbaghipour, Reza Simbar
International Journal of Law and Politics Studies, Volume 3, pp 01-09; https://doi.org/10.32996/ijlps.2021.3.2.1

Abstract:
A tremendous sum of development exercises in our nation are carried out in compliance with the contract and the common conditions of the contract, in spite of the fact that there's no legitimate commitment, but indeed in private sector activities since the entire materials of the common conditions of the contract to a huge degree, it appears that these conditions are being executed. Respectful and legally binding risks in development contracts can go a long way. The question that the present study seeks to answer is what is the fundamental difference between the law of Iran and the United Kingdom in violating the obligations and methods of compensation in construction contracts? Also, what are the differences between the basic conditions of compensation in the law of Iran and the United Kingdom? Within the Iranian lawful framework, the strategies of emolument in development contracts are the fulfillment of the same commitment (and the installment of emolument is if unequivocally provided within the contract); Within the legitimate English framework, be that as it may, the methods of recompense in development contracts are the installment of stipend, and there's no concept of the same commitment as one of the strategies of emolument. Moreover, in Iranian law, recompense may be indicated within the contract, or custom or law may require emolument. In English law, an emolument does not get to be indicated within the contract.
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.
, Sukarmi, Adi Kusumaningrum
International Journal of Law and Politics Studies, Volume 3, pp 16-25; https://doi.org/10.32996/ijlps.2021.3.2.3

Abstract:
As a new institution in Indonesia, Sovereign Wealth Fund need to be equipped with a solid legal basis and supported by international standard governance. As a form of the Government's commitment to accelerate the operationalization of this Institution, the Government has established 3 (three) legal products related to the Investment Management Agency. The first legal product in Government Regulation (PP) Number 73 of 2020, Government Regulation Number 74 of 2020, and Presidential Decree Number 128/P of 2020 concerning the Establishment of the Selection Committee for the Selection of Candidates for the Sovereign Wealth Fund Supervisory Board from Professional Elements. This research aims to identify two aspects related to the position of Sovereign Wealth Fund in Indonesia and assess whether the existence of the above legal products is a form of law enforcement against Sovereign Wealth Fund in Indonesia with international standards. The study results indicate that the legal position of the Sovereign Wealth Fund (LPI) can be equated with similar institutions that have previously been established, such as State-Owned Enterprises and the Investment Coordinating Board. The regulation of investment management institutions in the work copyright law still has weaknesses, namely from supervision.
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.
Suko Wiyono, Wahyu Hindiawati, , Zulfikar Ramadhan
International Journal of Law and Politics Studies, Volume 3, pp 22-28; https://doi.org/10.32996/ijlps.2021.3.1.4

Abstract:
The reformation initiated and marked by President Suharto's fall (21 May 1998) is essentially a demand to carry out democratization in all fields. In the Indonesian context, understanding ethics and political culture in the midst of demands for democratization in all fields is a necessity because the Indonesian nation is, in reality, a diverse nation, from the aspects of ethnicity, religion, race and inter-group (SARA), all of which obviously affect the pattern, style, ethical character, and political culture. This research aims to analyze the importance of the people’s understanding of ethics and political culture in developing a democratic political culture in Indonesian regions. The method used is normative legal research by analyzing norms in the Indonesian constitution, laws, and other legal sources. The result of this research us that the efforts to understand the society's political ethics and culture based on Pancasila in the current reformation era, especially in regional areas, are significant because the Indonesian nation is carrying out reforms in all fields which, of course, require the support of all elements of society to behave in ethical ways and uphold a Pancasila-based culture. Various efforts to form ethical behaviors and culture based on Pancasila should be immediately carried out by both the state and all Indonesian citizens. These efforts, in addition to education, training, workshops and seminars, should be associated with Pancasila ideology, the noble values of Pancasila should be included in every statutory regulation in Indonesia, and which is no less important and in fact the most important, is the examples set by leaders, both at local and national levels, so that democratization which is the ideal of the reformation can be achieved in accordance with the noble values of Pancasila.
, Harum Mudrikah Mahsun
International Journal of Law and Politics Studies, Volume 3, pp 12-21; https://doi.org/10.32996/ijlps.2021.3.1.3

Abstract:
The purpose of this paper is to criticize the Constitutional Court Decision Number 18 / PUU-XVII / 2019, which determines that the phrases "executorial power" and "are the same as court decisions having permanent legal force" in Article 15 paragraph (2) of Law Number 42 of 1999 concerning The Fiduciary Guarantee contradicts the 1945 Constitution. From the norms contained in this article, there is a power of execution that the fiduciary security holder can carry out (creditors), which then causes many problems, both related to the constitutionality of norms and implementation. Thus, the authors question two things, first how is the juridical analysis of the Constitutional Court decision No. 18 / PUU-XVII / 2019 regarding breach of contract in the fiduciary agreement? Second, what is the juridical implication of MK Decision No. fiduciary? The writer's research type is library research, a literature study (library research) with a descriptive qualitative research type. The data collection technique used was documentation techniques, and the approach method used in this study was juridical normative. The results of this study conclude that 1) The Constitutional Court's decision has not provided a sense of justice as in Article 27 paragraph (1) and Article 28D paragraph (1) of the 1945 Constitution, because in this Constitutional Court decision gives more exclusive rights to the debtor because in this case, the creditor does not get legal protection rights in the event of undesirable things (2) This decision has implications for various parties, namely the Court, which now often receives requests for execution and the process will be lengthy, for notaries must add and clarify default clauses in detail. For business people whose creditors (fiduciary recipients) cannot carry out unilateral execution of the object of fiduciary security but must submit a request for performance to the Court. There is a concern that lousy faith will occur from the community's debtor when the creditor is submitting a request for execution to the Court.
International Journal of Law and Politics Studies, Volume 3, pp 01-06; https://doi.org/10.32996/ijlps.2021.3.1.1

Abstract:
Coronavirus Disease 2019, originated in Wuhan city of China, has been spreading across the world from December 2019 to till now with 55 million confirmed cases in 191 countries and nearly 1.3 million people deaths. As there is no vaccine available, the government and other institutions are taking measures to protect the people from this highly infectious disease. As the purpose of this paper is to define method and relate the more suitable method with Covid-2019 pandemic, in the introductory part, it has defined method and types of methods. It has also provided an overview of Post Structuralism, as a relevant method in explaining Covid-19 responses. Then, in a deeper way, this paper has discussed Foucault's concept of power: biopower, sovereign power and disciplinary power and examines its relevance with Covid-19 measures. It has also focused on the term ‘New Normal’- the normalization of abnormal during Covid-19. Finally, the paper concluded with acknowledging the critiques of Foucault theories and limitations of the paper in explaining some of the aspects of ongoing pandemic.
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