bluuebunny/crossref_metadata_2025 huggingface dataset:
TINJAUAN KRIMINOLOGIS TERHADAP KENAKALAN REMAJA DI SURAKARTA
Authors: Budiwati Yulia , Yudanto Dika
Published: July 2021

Penelitian tentang kriminologi terhadap Kenakalan Remaja ini dilakukan karena merupakan sebuah perilaku yang menyimpang yang terjadi pada kalangan remaja. Kenakalan remaja menunjuk perilaku remaja yang tidak sesuai dengan norma-norma yang hidup di dalam masyarakatnya. Dari segi hukum kenakalan remaja digolongkan dalam dua kelompok yang berkaitan dengan norma-norma hukum yaitu: (1) kenakalan yang bersifat amoral dan sosial serta tidak diatur dalam undang-undang sehingga tidak dapat atau sulit digolongkan sebagai pelanggaran hukum; (2) kenakalan yang bersifat melanggar hukum dengan penyelesaian sesuai dengan undang-undang dan hukum yang berlaku sama dengan perbuatan melanggar hukum bila dilakukan orang dewasa. Selanjutnya budaya atau kebudayaan berasal dari bahasa Sansekerta yaitu buddhayah, yang merupakan bentuk jamak dari buddhi (budi atau akal) diartikan sebagai hal-hal yang berkaitan dengan budi dan akal manusia. Hasil penelitian menunjukan bahwa, aparat penegak hukum benar-benar dapat memahami faktor-faktor penyebab hal tersebut, sehingga dapat merumuskan langkah-langkah yang efektif untuk mencegah agar kasus-kasus kejahatan yang dilakukan remaja tidak bertambah. Berdasarkan dari kasus yang ada di polresta Surakarta pada tahun ini terutama pada peran keluarga dalam mendidik anak pada usia remaja, tingkat kejahatan yang dilakukan oleh remaja masih tergolong rendah, hal ini dikarena peran pemerintah melalui dinas terkait dalam melakukan preventif pembinaan dan penyuluh berjalan dengan lancar dan terjadwal. Polresta Surakarta dalam menanggulangi remaja adalah: (1) Upaya preventif, berupa: (a) Penjagaan di tempat-tempat yang rawan terjadinya tindakan kenakalan remaja, (b) Patroli ke tempat-tempat yang rawan terjadinya kenakalan remaja, (c) Penyuluhan ke sekolah-sekolah, masyarakat, dan karangtaruna, (d) Penyampaian pesan-pesan Kamtibmas (keamanan dan ketertiban masyarakat) kepada para warga, (e) Pengaturan lalu lintas, (f) Latihan Safety Riding. (2) Upaya Represif, berupa: (a) Upaya (b) Penggiringan ke Dinas Sosial bagi para pekerja seks komersial untuk dibina, (c) Penilangan bagi pelanggar lalu lintas, (d) Upaya rehabilitasi bagi para penyalahguna narkoba, (e) Penangkapan para pelaku kenakalan remaja untuk selanjutnya diproses secara hukum

Kata kunci : Kriminologi, Kenakalan Remaja, Surakarta
Pengaruh Kepemimpinan Dan Loyalitas Terhadap Kinerja Pegawai Di PT PLN UID Jawa Timur
Authors: Gustara Renaldi Yayang , Adiwati Mei Retno
Published: July 2021

This research aims to find out the Influence of Leadership and Loyalty on Employee Performance at PT PLN UID East Java. Data collection methods include check lists, questionnaires, interview guidelines, to cameras for photos or to record images. In this case the method of collecting data through questionnaires by spreading questionnaires to employees of PT PLN UID JATIM. Modeling in the analysis of this study is to use PLS. The results showed that leadership styles that give a very good influence in improving employee performance, as well as employee loyalty have an influence in improving performance. The conclusion of this study is that employees will easily excel and easily improve their performance if the leadership or manager has a good nature, firm and not arbitrary towards employees. Meanwhile, employees who have high loyalty to the company will automatically improve performance directly.

Keywords: Influence of Leadership, Loyalty, Employee Performance
Perancangan Model Peningkatan Kinerja Pada PT. Bank ANZ Indonesia
Authors: Winarsih Tutik
Published: July 2021

This research abstract aims to design the integrity model of PBSC and OBSC in determining the priority of corrective action at ANZ Bank Indonesia Sales Comercial Banking Division. This study uses qualitative approach with case study method. The type of research used in this study is a type of 'description research'. Design research design of PBSC and OBSC integration model to determine the priority of corrective action at ANZ Bank Indonesia Sales Commercial Banking Division. The results showed that in the external perspective of improvement of ANZ Indonesia Bank organizationally with the same perspective becomes a priority is to develop programs for goal-oriented marketing. In the perspective of knowledge and learning organizationally with the same perspective the priority is to conduct planning interviews, training and assessments with employees based on individual performance plans and capability profiles. In a financial perspective the priority is to close an unprofitable business unit.

Keywords: TPS, Organizational Balanced Scorecard, PBSC, Perspective Internal, External, Knowledge and Learning, Finance
Faktor yang Mempengaruhi Niat Perilaku Muslim Menggunakan Platform Crowdfunding Waqf: Teori UTAUT Model
Authors: Diniyah Fellasufah
Published: July 2021

This study aims to examine the determine behavioral intentions influence Muslim using platform crowdfunding waqf by adopting the concept of the Unified Theory of Accaptance and Use of Technology (UTAUT) model. The platform crowdfunding waqf acts as an intermediary between wakif and nadhir waqf in developing a productive waqf project. This study uses primary data collected using an online survey questionnaire and then the analysis used is partial least square (PLS). The results of this study indicate that the variable performance expectations, effort expectations, and facilitating conditions have a positive and significant effect on the intention of Muslim crowdfounders to use waqf crowdfunding platform. Meanwhile, the social influence variable has no positive and significant effect. This study will contribute to the existing literature, especially on the factors that influence the adoption of the waqf-based crowdfunding model.
PEMIKIRAN IBNU TAIMIYAH DALAM PRAKTEK AKAD PEMBIAYAAN DI BAITUL MAL WAT- TAMWILAdiwarman Azwar Karim, Sejarah Pemikiran Ekonomi Islam, Edisi Keempat, Depok: PT RajaGrafindo Persada, Cetakan ke-8, 2017. Anwar Abas, Sistem Ekonomi Islam: Pendekatan Filsafa
Authors: Suryani Suryani
Published: July 2021

One of Ibn Taymiyah's thoughts (d. 728 H / 1328 AD) that economic transactions are aimed at justice that can only be realized if all the contracts are based on the willingness to agree from all parties, is very interesting to research the practice of financing agreements in Islamic financial institutions (LKS) which in this case Baitul Mal Wat-Tamwil (BMT). The purpose of this study is to find out how much the principle of justice is the basis for the implementation of the financing contract for the parties to the contract. The study uses qualitative methods with a descriptive analysis approach. The research was conducted at BMT Tumang, one of the national-scale BMTs that has contributed to the growth of the sharia microeconomic system. The results showed that Ibn Taymiyah's thoughts regarding the foundation of morality and justice had been applied in the financing agreement at BMT Tumang, it was stated in the Operational Management Standards (SOM) and Standard Operating Procedure (SOP) of BMT Tumang.

Keywords : Ibnu Taimiyah, financing agreement, moral foundation, justice, BMT Tumang.
THE ROLE OF BAITUL MAAL WA TAMWIL IN THE ECONOMIC EMPOWERMENT OF POOR WOMEN IN CIANJUR DISTRICT
Authors: Husaeni Uus Ahmad
Published: July 2021

This study aims to analyze BMT's role in poor women's economic empowerment in the Cianjur Regency. This research is a qualitative descriptive study using economic and sociological approaches. This research's data sources are primary data obtained from BMT and interviews and secondary data from library research. Furthermore, the data collection method is carried out by observation, interviews, and documentation for further analysis by reducing data, presenting data, and drawing conclusions. The results showed that BMT played a role in empowering the economy of women. Their income increases so that they can meet their daily needs and become more independent. Besides, they became smarter in managing finances and began to be actively involved in household decision making. Empowerment of women can improve women's welfare and independence in various aspects of life, particularly the economy. Applying the function of empowering women in microfinance institutions such as BMT is the right solution to improve the economy of the community, especially women
ANALISIS FAKTOR-FAKTOR YANG DAPAT MEMPENGARUHI PENGENTASAN KEMISKINAN DI INDONESIA (2016- 2019)
Authors: Nafi'ah Bariyyatin
Published: July 2021

Abstrak

Penelitian ini bertujuan untuk menganalisis Zakat, Infaq, Shadaqah, Indeks Penbangunan Manusia (IPM), Inflasi terhadap pengentasan Kemiskinan di Indonesia (periode Tahun 2016-2019). Data yang digunakan pada penelitian ini adalah data sekunder dan metode yang digunakan yaitu analisis regresi data panel menggunakan Random Effect Model dengan bentuan program Eviews 9 untuk memperoleh gambaran antar satu variabel dengan variabel yang lainnya. Penelitian ini terdiri dari 34 Provensi yang ada di indonesia selama 4 tahun yakni dari tahun 2016- 2019. Hasil penelitian ini menunjukkan bahwa variabel ZIS memiliki pengaruh terhadap pengentasan kemiskinan sedangkan IPM dan Inflasi tidak perpengaruh signifikan terhadap pengentasan Kemiskinan. Berdasarkan pada hasil regresi dengan menggunakan rendom effect mode yang terlihat pada tabel, diketahui bahwa nilai koefisien determinasi sebesar 0,679005 memiliki arti bahwa ZIS, IPM dan Inflasi berpengaruh terhadap tingkat kemiskinan sebesar 67, 9 %. Sedangkan sisanya 30,3 % dipengaruhi oleh hal yang lain yang tidak di analisis pada penelitian ini.

Kata Kunci : Kemiskinan, Zakat Infaq Shadaqah (ZIS), Indeks Pembangunan Manusia (IPM) dan inflasi.

Absrtac

This study aims to analyze Zakat, Infaq, Sadaqah, Human Development Index (HDI), Inflation on poverty alleviation in Indonesia (2016-2019 period). The data used in this study are secondary data and the method used is panel data regression analysis using the Random Effect Model with the form of the Eviews 9 program to obtain an overview between one variable and another. This study consists of 34 proventions in Indonesia for 4 years, from 2016 to 2019. The results of this study indicate that the ZIS variable has an influence on poverty alleviation while HDI and inflation have no significant effect on poverty alleviation. Based on the regression results using the rendom effect mode shown in the table, it is known that the coefficient of determination of 0.679005 means that ZIS, HDI and inflation have an effect on the poverty rate by 67.9%. While the remaining 30.3% is influenced by other things that are not analyzed in this study.

Keyword: Poverty, Zakat Infaq Sadaqah (ZIS), Human Development Index (HDI) and inflation
ANALISIS MODEL PENGELOLAAN ZAKAT, INFAQ DAN SHADAQAH (ZIS) DI MESJID AL ISTIQOMAH KABUPATEN BANDUNG BARAT
Authors: Hayatudin Amullah , Anshori Arif Rijal
Published: July 2021

This research was conducted as an effort to find the right model in the management of Zakat, Infaq, and Sadaqah (ZIS) at the Al Istiqomah Mosque, Taman Bunga Cilame

districts of West Bandung. With the hope of an appropriate model in the management of Zakat, Infaq, and Shadaqah (ZIS) funds. The purpose of Zakat, Infaq, and Shadaqah (ZIS) as a means of worship and social means, namely as a means to alleviate poverty and prosper the people can be achieved. The method used by researchers is qualitative, the data collection technique is observation (observation), interview (interview), and documentation, in analyzing the data the researcher uses qualitative data analysis is inductive. In managing ZIS funds, three things must be considered by DKM administrators, namely: Excellent service for muzakki and mustahik, funds (ZIS) must be utilized properly, transparently, creatively, and innovatively. With the management model as follows: Providing additional capital to mustahik by using aqad Mudharabah or Musyarakah; Assistance with the Participatory Action Research (PAR) approach to mustahik.
Pengaruh Rasio Keuangan Terhadap Harga Saham Syariah Dengan Earning Per Share Sebagai Variabel Moderating
Authors: Yusuf Muhammad , Jefriyanto Jefriyanto
Published: July 2021

This research is using secondary data obtained from the official website of IDX and Investing. Total population in this study are all JII members companies from 2016-2018 and the number of samples in this study are 18 companies that are members of the Indonesia Stock Exchange, especially in the Jakarta Islamic Index from 2016-2018. Data analysis techniques used in this study are the classic assumption test and the Moderated Regression Analysis (MRA) analysis test or commonly called the interaction test. Based on the results of the research conducted obtained the results of variables that have partial significant effect are DER, DPR, ROA, PBV while other variables such as PER, CR, NPM and DYR has no effect on sharia stock prices. Then for the moderation variable (Earning Per Share) proved able to moderate each independent variable and this moderating variable can strengthen the relationship between the independent variable (X) to the dependent (Y).
TINAJUAN HUKUM ISLAM TERHADAP PELAKSANAAN ASURANSI PEMBIAYAAN MURABAHAH DI BPRS X PROVINSI RIAU
Authors: Khasanah Uswatun
Published: July 2021

Financial insurance in Islamic banking is carried out as one of the risk management as an effort to maintain bank stability. Based on OJK regulations Number 23/POJK.03/2018 regarding Application of Risk Management for Sharia Rural Banks (BPRS), BPRS have to carry out the process of identification, measurement, monitoring and risk control of all material risk factors. This research is a field research through a normative juridical approach. This research aims to see the implementation of financing insurance in BPRS X and to see the suitability of the implementation of financing insurance against Sharia principles. The results showed that the implementation of murabahah financing insurance at BPRS X is optional. The customer can choose not to pay for life insurance and assign responsibility to the heirs if the customer dies. However, in practice the Bank continues to register insurance even without the consent of the customer. So that the implementation of financing insurance at BPRS X is not fully in accordance with Islamic law. Because in Fiqh study, the practice of Murabahah is carried out by prioritizing the principles of honesty, transparency, openness and Islamic values.
EFFECT OF WORD OF MOUTH, PERCEPTION OF QUALITY AND USE OF TECHNOLOGY ON DECISIONS OF APPLICATION-BASED TRANSPORTATION USERS (Study on Muslimah Community in Purwokerto)
Authors: Hidayah Arini , Bagis Fatmah , Ikhsani Mastur Mujib , Endratno Hermin
Published: July 2021

This study analyzes the effect of word of mouth, perceived quality, and use of technology on application-based transportation decisions. The method used in this research is a case study of the Muslim community in Purwokerto. Questionnaires were given to 100 respondents consisting of several members of the Muslim community in Purwokerto. The data analysis technique used is PLS (Partial Least Square) analysis using Smart PLS 3.0. The results showed that word of mouth had a significant positive effect on decisions to use application-based transportation, perceived quality had a significant positive effect on decisions to use application-based transportation, and use of technology had a negative effect on decisions to use application-based transportation.
Peran Manajemen Kepemimpinan, Pelatihan Dan Supervisi Terhadap Pedagogical Content Knowledge Di Madrasah
Authors: Mutadi Mutadi , Mudofir Mudofir , Munadi Muhammad
Published: July 2021

Pedagogical knowledge in the context of PP No. 74 of 2008 is more equated with the term teacher pedagogic competence. Teacher pedagogic competence is the ability to manage student learning which at least includes understanding of educational insights or foundations, understanding of students, curriculum/syllabus development, learning design, implementation of educational and dialogical learning, utilization of learning technology, evaluation of learning outcomes, and development students to actualize their various potentials. This research was conducted using a correlational quantitative approach. The quantitative approach in research is an approach that emphasizes analysis on numerical data (numbers) that are processed by statistical methods. Basically, the quantitative approach is carried out in inferential research (in the context of testing the hypothesis) and relies on the conclusion of the results on a null probability of rejecting the hypothesis. With quantitative methods will be obtained the significance of the relationship between the variables studied. In general, quantitative research is research on a large sample. The leadership of high-quality madrasah principals with learning outcomes has been widely documented in various research results. A number of recent studies have shown that superior leadership is one of the determining factors in improving teacher performance, both in terms of professional competence and teacher pedagogy.
Implementasi Pengelolaan Tanah Desa Berbasis Akad Ijarah dalam Upaya Peningkatan Kesejahteraan Masyarakat Desa Bulusari
Authors: Setyawati Ria Rohma , Oktafia Renny
Published: July 2021

Abandoned village land is used for community welfare, one of which is used to build people's markets. Where the people's market is useful for utilizing existing facilities, as well as providing opportunities for the surrounding community to increase income as well as creating jobs for people who are unemployed. And from there the Village Officials create a people's market to be rented out to local people who want to trade. The purpose of this study was to determine the application of the ijarah contract and the impact on the welfare of the community. This study uses a qualitative method with a case study approach that aims to obtain information directly from informants based on the current case. The results of this study indicate that the application of village land leases in Bulusari Village is in accordance with Islamic law even though at the time the agreement took place there was no third party to be a witness. As for the impact on Village Officials as land administrators and tenants, this system can improve the welfare of indicators of religion, life, mind, descent and property.
Implementasi Pembiayaan Akad Murabahah dalam Upaya Peningkatan UMKM di KSPPS Permata Barokah Jaya Kelurahan Pandaan
Authors: Rochmaniah Siti Ayu , Oktafia Renny
Published: July 2021

Micro, Small and Medium Enterprises (MSMEs) are a group of people who work as business actors, who have a desire to increase personal income and also the wider community. However, this certainly requires special support from the Islamic Microfinance Institution itself, one of which is the Sharia Cooperative. This study aims to determine how the implementation of Murabahah Akad financing and efforts to increase Micro, Small and Medium Enterprises (MSMEs) at KSPPS Permata Barokah Jaya, Pandaan Village. Researchers chose to use qualitative research methods with a case study approach. The results of this study indicate that the implementation of the Murabahah Agreement which is in demand by many financing members at KSPPS Permata Barokah Jaya is in accordance with the principles of Sharia. However, efforts to increase Micro, Small and Medium Enterprises (UMKM) at KSPPS Permata Barokah Jaya are still not able to provide maximum financing for business actors, because the Murabahah Akad financing at KSPPS Permata Barokah Jaya is dominated by members who work as factory employees. This factory employee, is considered to be able to make it easier for the KSPPS Permata Barokah Jaya in surveying prospective members, as well as the inclusion of guarantees in the form of a member Salary ATM.
Peranan Perbankan Syariah Dalam Pemberdayaan UMKM Sebagai Upaya Peningkatan Kualitas Hidup Masyarakat Kota Salatiga
Authors: Rosidi Anwar , Prastyo Heru , Zusrony Edwin
Published: July 2021

This research technique uses interviews. Interviews were conducted with several UMKM in Tingkir Lor Village who are customers in Islamic Banking, and 1 (one) mantri at Bank Muamalat KCP Salatiga. However, in this study, the researcher will also use the literature study method or the method of using document materials, because the researcher does not directly examine and process the data obtained from the respondents themselves but examines and copies the data or documents produced by other parties. In addition to supporting the results of the interview, it is also used to describe in general the real role of Islamic banking towards UMKM.
Implementasi Undang-Undang Nomor 18 Tahun 2019 Tentang Pesantren Terhadap Pengelolaan Pondok Pesantren
Authors: Panut Panut , Giyoto Giyoto , Rohmadi Yusuf
Published: July 2021

This study aims to describe the implementation of Law Number 18 of 2019 concerning Islamic Boarding Schools on the management of pesantren in Kebumen Regency in 2020-2021; describe the problems of education management, availability of infrastructure and financing in Islamic boarding schools; and describe strategies for solving problems of education management, availability of infrastructure and financing in Islamic boarding schools in terms of Law Number 18 of 2019 in Kebumen Regency in 2020-2021. This study used descriptive qualitative method. The place of research is Islamic boarding school in Kebumen district, Central Java province. The sample criteria in this study was to use purposive sampling. The sample taken in this study was from 2 salafiyah Islamic boarding schools consisting of one advanced salafiyah cottage and one undeveloped salafiyah cottage. The participants of this research are the leaders of Islamic boarding schools. Informants in this study were students, ustadz/ustadzah, managers, and guardians of students. Data collection techniques in this study using documents, in-depth interviews, and observation. The method used to check the validity of the data is the credibility test (triangulation, discussion with colleagues, and member check), transferability test, dependability test, and confirmability test. The data analysis technique used in this research is through the field process. The stages in analyzing the data in this study are analysis before in the field, analysis while in the field (data reduction, data presentation, drawing conclusions). The results showed that: 1). implementation of Law Number 18 of 2019 concerning Islamic boarding schools for the management of Islamic boarding schools in Kebumen Regency in 2020-2021 has been carried out well, especially in advanced Salafiah Islamic Boarding Schools; 2). problems of education management, availability of infrastructure and financing in Islamic boarding schools in terms of Law Number 18 of 2019 in Kebumen Regency in 2020-2021 for salafiah Islamic boarding schools that have developed almost none, but salafiah Islamic boarding schools that have not advanced in all three aspects experiencing problems; 3). problem solving strategies, especially for salafiah Islamic boarding schools that have not developed yet, by conducting comparative studies to Islamic boarding schools that have good governance, recruiting human resources who understand information systems and technology, submitting infrastructure budgets to related parties, collaborating with Lazis and Baznas in particular. related to the completion of education financing in Islamic boarding schools, as well as developing a network of general donors and networks through alumni.
POVERTY ALLEVIATION AND THE CONTROL OF PUBLIC REVENUE IN NIGERIA:
LEGALAND EQUITABLE ISSUES
Authors: Okon Emmanuel
Published: July 2021

Apart from the dreaded Acquired Immune Deficiency Syndrome (AIDS) now ravaging the world, and particularly the African continent, no other scourge has had such a devastating impact on both the ancient and modern world as the scourge of poverty. According to the World Health Organisation, poverty wields its destructive influence at all stages of human life, from the moment of conception to the grave. It conspires with the most deadly and painful diseases to bring a wretched existence to all who suffer from it. The desire to alleviate, or if possible, eliminate poverty, has engaged the attention of successive governments in Nigeria: Civilian, quasi-civilian and military administrations. At present the world is still in search of a solution to global poverty, which is why the United Nations currently puts poverty reduction at the top its agenda. The continual search for ways to achieve poverty alleviation in Nigeria, particularly as it relates to the legal and equitable issues involved, is the topic of this paper. However, first it is important to define terms so as to make for clarity of thought, better understanding and for consensus ad idem.
SHIELDING THOSE WHO HIGHLIGHT THE EMPEROR’S NEW CLOTHES – DOES THE CONSTITUTION DEMAND A JOURNALISTIC PRIVILEGE?
Authors: Swanepoel Jonathan
Published: July 2021

In his judgment in the English case of R v Derby MC, ex parte B, the then Lord Chief Justice of England, Lord Taylor, stated that legal professional privilege was a ‘fundamental condition on which the administration of democracy as a whole rests’. This privilege holds that a legal practitioner may not, without the leave of his client, answer any question addressed to him on the witness stand regarding information provided by the client. Thus, in the interests of justice, we allow (even force) a witness who may have crucial information on the matter at hand to refuse to provide such information. Whilst on similar lines English law recognises a journalistic privilege, South African law recognises no journalistic privilege. This means that when a journalist is asked a question whilst on the witness stand, they must answer that question. This includes questions regarding journalistic sources. Failure to answer any such question is harshly penalised, including imprisonment for up to five years. At the heart of the matter is this: Should a journalist ever be forced to reveal his or her sources in the preparation of an article? Journalists need sources to enable them to produce stories. The term ‘off the record’ is synonymous with journalism, and one must wonder how many people would provide journalists with information if there was a chance that their identity could or might be made public. Stated differently, how many more people would provide journalists with material if they knew that a journalist could not be compelled to reveal their identity? In its current state, both South African criminal and civil law offer mechanisms designed to compel witnesses to answer questions posed to them by sanctioning a refusal to answer a question with detention In the absence of a recognised journalistic privilege, journalists, if asked about their sources, must answer the question posed to them or risk being incarcerated. This clearly places journalists in a Catch22 type of situation: risk your career for revealing your sources or your liberty for not.
WHY MUST I CRY? JUSTIFICATION, SACRIFICE, LONELINESS, MADNESS AND
LAUGHTER IN POSTAPARTHEID JUDICIAL DECISION-MAKING
Authors: Bishop Michael
Published: July 2021

Peter Tosh’s plaintive – ‘Why must I cry?’ – is normally interpreted to be about a lost lover. It probably is. But I am going to propose a different reading. I am going to pretend that Peter Tosh is a conscientious South African judge with postmodernist and critical legal tendencies. This judge is concerned with the massive responsibility she feels as a judge in post-apartheid South Africa. Not only must she walk the lonely, lonely, lonely road of ordinary judicial office, she must bear the big heavy load of the specific social, economic and political circumstances that place added pressure on her to transform, both society and herself. At the same time, she is confronted with critical theories that seek to impose an even greater burden on her in the form of unanswerable calls to justice and unfulfillable duties to the other. These theories are, on the whole, framed in a way that is both critical of judges and largely pessimistic about the possibility of success. Many of the theories specifically require the judge to mourn her inability to do the impossible. For many reasons then, our hypothetical judge asks: ‘Why must I cry?’ My answer in brief is: She need not cry. She must not cry. I will argue that the best means to address the various responsibilities imposed on judicial officers is through laughter, not tears. I begin by detailing the ‘culture of justification’ that dominates both judicial and academic thinking (I will look specifically at Mureinik, Klare and Botha) and examine exactly what burdens this philosophy imposes on judges. Next I acknowledge that the burdens of justification, onerous as they may be, are not enough. I adopt Van der Walt’s ideal of ‘law as sacrifice’ to argue that all judges have the additional duty to acknowledge the sacrifices that are an inescapable part their profession. I conclude by looking at humour and the law. Humour in judicial decisions has played an often unnoticed role (more in America than South Africa!).
THE MAGISTRACY AND JUDICIAL INDEPENDENCE: A STATE OF MIND OR THE STATE OF CIRCUMSTANCES?
Authors: Neethling Dawn
Published: July 2021

Is judicial independence merely a state of mind or is institutional independence essential for judicial independence? This question is especially relevant with regard to the South African magistracy. Before 1994 the magistracy functioned in a system where no institutional independence existed. It was only with the advent of the interim Constitution in 1994 that institutional independence and the protection thereof began to apply to the magistracy. The question arises whether the Constitution freed the minds of the magistracy as if by magic, and whether institutional independence necessarily brings with it an independent state of mind.
A CRITICAL ANALYSIS OF THE PROPOSED CODIFICATION OF THE DUTIES OF CORPORATE DIRECTORS
Authors: de Neijs Rudolph Martin
Published: July 2021

In pursuance of the rectification of perceived shortcomings in the common law duties of directors, including inter alia the confusion and uncertainty among prospective and current directors concerning the degree of skill expected of them while carrying out their functions, the Department of Trade and Industry prepared a discussion draft of a proposed new Companies Act for South Africa, which, in contrast with the previous Companies Act, spelled out the duties of corporate directors. Following the discussion draft, a new Companies Bill was introduced in June 2008 in the spirit of the February 2007 bill regarding directors’ duties. In this article I shall attempt to outline the new statutory duties and other relevant sections and explain these duties as they are found in the Companies Bill. It should be stated that since the following discussion concerns proposed law not yet in force, no court decisions and very few academic articles are available to aid the interpretation thereof. The following interpretations are thus purely speculative and may differ from the ultimate interpretation that the court may give to these sections when applied. The interpretation of these sections can further not be aided by English statutory law, as the English statutory law only refers to fiduciary duties of directors and does not contain any specific criteria of care and skill by which a director’s conduct can be measured.
WHERE DOES EVIL RESIDE? A COMPARATIVE STUDY OF HANNAH ARENDT AND ANTJIE KROG
Authors: le Roux Lizelle
Published: July 2021

Two significant twentieth century female philosophers, Hannah Arendt and Antjie Krog, critically evaluated two of the most egregious humanitarian crimes of the past hundred years. In the essay ‘Personal responsibility under dictatorship’, Arendt (1906-1975) used the trial of Adolf Eichmann, who was convicted and executed for crimes against humanity committed during World War II, to explain the connection between existence and thought and the necessity of a commitment to thinking; it was also a mouthpiece to voice her opinion on judgment, punishment, vengeance, collective responsibility and morality. In her book Country of my skull2 Krog (1952- ) reported on and analyzed the history, process and effects of the Truth and Reconciliation Commission (‘the TRC’), a commission established to assist the new democratic South Africa in dealing with Apartheid crimes.
A PERSPECTIVE ON CLOSED SHOP AGREEMENTS THROUGH CORRELATIVE RIGHTS
Authors: Norval Jan Adriaan
Published: July 2021

Section 26 of the Labour Relations Act gives employers and employers’ organisations the power to conclude closed shop agreements through collective agreements with representative trade unions. The closed shop agreement is known as a union security agreement which has been defined as: [a] generic term for an agreement between an employer and a union or unions in terms of which union membership or, alternatively, payment of union subscription is a condition of employment for all employees. Therefore employees are forced to join the representative trade union subject to the conditions being met in section 26(3) of the Labour Relations Act. This has resulted in a lot of debate on whether closed shop agreements are violating the right to freedom of association, or simply limiting it. This article takes the debate further by not only looking at the right to associate, but also looking at this right as a correlative right because ‘freedom of association buttresses and makes good the promise of a variety of other rights.’ Rights such as labour relations rights and political rights rely on the right to associate. Their dependence on the right to associate means that they have to be looked at when determining if closed shop agreements violate or limit the right to associate.
REVISITING THE BIPOLAR DISTINCTION IN THE CHARACTERISATION OF ARMED CONFLICTS
Authors: Ochieng W
Published: July 2021

Since the Geneva Conventions, the architecture of International Humanitarian Law (IHL) has been founded upon a distinction between international armed conflict and non-international armed conflict. Today, this claim stands to be revisited since international and non-international armed conflicts are no longer strict organising frameworks for the categorisation of rules of armed conflicts. This is seen in that over fifty years ago, when the four Geneva Conventions were negotiated, the principles of sovereignty and non-intervention were the cornerstones of international law and while their force today is still apparent, the interdependence of states, and global concerns such as terrorism and the commission of widespread human rights violations have eroded the traditional inviolability of borders. The dichotomy in humanitarian law is as implausible today as it is also fundamentally unworkable given the current conditions of conflicts. This dualist conception is no longer adequate to deal with current features of armed conflict, which do not fit neatly into the two categories and frequently contain mixed elements which thus make the task of classification highly complex. The codification of customary rules of international humanitarian law has narrowed the grounds on which the distinctions are predicated. In addition, the two regimes apply simultaneously on multiple situations. Moreover, the question of contemporary armed conflicts raises serious doubts as to whether the traditional understanding of international law still suffices to explain the complexities of modern day armed conflicts. This essay seeks to offer a different perspective on armed conflicts by suggesting a systematic rethinking of the categorisation of conflict. It argues that some of the dilemmas of contemporary conflicts may be attenuated by a new conceptualisation of this bipolar distinction namely a need for a unitary conception of armed conflict.
THE MATERIAL LAW PROTECTION OF WILD ANIMALS
Authors: Liebenberg JP
Published: July 2021

The aim of this article is to consider the protection of wild animals and other living natural resources in South Africa from a material law perspective. To ensure completeness both the procedural law and problems with enforcement will be briefly considered. Possible improvements and solutions to difficulties will also be submitted. This article will focus mostly on the pre-1994 conservation ordinances which still apply in the nine new provinces. Wild animals are protected in these provincial laws on a species based approach where animals are listed in categories and each category is provided with a different degree of protection. These ordinances are the main source of law which deal with the conservation, protection and exploitation of wild animals, indigenous plants and freshwater fish in South Africa and is usually referred to as ‘wildlife law.’
A CALL FOR A DIFFERENCE IN TREATMENT BETWEEN CHILD AND ADULT OFFENDERS IN THE SOUTH AFRICAN PAROLE SYSTEM: AN INTERNATIONAL LAW PERSPECTIVE
Authors: Gueorguieva I
Published: July 2021

Internationally, parole is recognised and accepted as a means of the conditional release of a sentenced offender from a correctional centre into the community, before the expiration of the judicially imposed sentence of such offender. The functions of the placement on parole of the offender, which associate with the offender, include the rehabilitation of the offender and his reintegration into the community, as well as his restitution (e.g. in the form of symbolic restitution or community service). In Correctional Services authorities, parole acts occur to relieve prison overcrowding, encourage good behaviour within correctional facilities and to save costs related to imprisonment without negating the benefits of continued supervision and control.5 In South Africa, parole is predominantly governed by the Correctional Services Act 111 of 1998 (as amended) or, more particularly chapter IV (dealing with sentenced offenders), chapter VI (community corrections) and chapter VII (release from correctional centre and placement under correctional supervision and on day parole and parole). The provisions of chapter IV came into operation on 31 July 2004, whilst those of chapters V and VI came into operation on 1 October 2004.6 In addition, the provisions of the Correctional Services B-Order, Sub-Order 1, Incarceration Administration (hereinafter referred to as the Parole Manual) go a long way in clarifying and expanding on provisions in the Correctional Services Act, as well as indicating the practice and policy of the various functionaries involved in the parole system. Section 28(1)(g) of the Constitution of the Republic of South Africa, 1996 (Constitution), on the other hand, provides that a child has the right not to be detained except as a measure of last resort and then only for the shortest appropriate period. Section 28(2) further provides that a child’s best interests are of paramount importance in every matter concerning the child. The question can then be raised: what effect do the above provisions have on the parole consideration of child offenders? Additionally, one can ask whether there is sufficient justification for a difference in parole treatment between child and adult offenders.
AMBUSH MARKETING: THE KULULA.COM PERSPECTIVE
Authors: Kgobokoe R
Published: July 2021

Ambush Marketing is often described as a type of ‘parasitic marketing.’ However, before we look into ambush marketing one has to consider the essence of marketing and more specifically, advertising. The purpose of advertising is essentially to create brand awareness, by somehow making the public aware of the product you offer as a company or firm. Sponsorship is a mechanism through which brand awareness can be created. Sponsorship can be defined as a commercial arrangement, whereby a sponsor pays a certain sum of money (a sponsorship fee) or provides certain products, services or other facilities to the sponsored party, in return for which, the sponsor is granted certain rights of association with the sponsored party.1 What better way to create awareness than at a major global event? By paying the event organisers an agreed amount, they associate your product with their event. For instance, First National Bank (FNB) agree to sell the Fédération Internationale de Football Association (FIFA) world cup tickets at their branches across the country without sharing in any of the profits, they may not be generating any money from actual ticket sales but they get thousands of people coming in and out of their branches daily, thus more importantly, creating band awareness. Sponsors should be protected by organisers from unofficial non-sponsors, but to what extent? While the law should attempt to safeguard the investments of sponsors of events, we should not be unreasonable in our attempts. Laws and regulations should be applied with at least a modicum of sanity and those responsible for their enforcement should avoid adopting a dictatorial approach.
THE STATE OF TEMPORARY EMPLOYMENT SERVICES IN DEMOCRATIC SOUTH AFRICA
Authors: Nkabinde T
Published: July 2021

For many years now, South Africa, like many countries has legally recognised labour hiring as a form of employment, through various pieces of legislature. According to section 198(2) of the Labour Relations Act the parties in this tripartite relationship are the temporary employment service is known as the employer, the employee, who is the person who’s been contractually procured for his services, and the client, who is the user enterprise that seeks the services of the temporary employment service. This type of employment has been under public and legal scrutiny for a while now because of malpractice(s) against employees. Trade Unions have called for the total banning of the operation of temporary employment agencies whereas some organisations including the Confederation of Associations in the Private Employment Sector (CAPES) have called for codes of conduct that will regulate the industry. The motor industry has recently banned the operation of temporary employment services in its sector, due to the recent industrial strikes concerning the salaries and wages of employees in the industry. This move has become an exception to section 198. However, will this ban by the motor industry be the beginning of more sectors calling for the ban of temporary employment services in pursuit to being part of the exception? This article will look at the problems faced by temporary employment services in South Africa, the consequences of the lack of enforcement of the laws governing this industry, as well as what South Africa can learn from the international and foreign community.
POST-APARTHEID REFLECTIONS ON CRITIQUE, TRANSFORMATION AND REFUSAL
Authors: Modiri Joel SM
Published: July 2021

In this article I engage with the notion of refusal, as introduced by Karin Van Marle, to post-apartheid jurisprudence as a way through which to think of life, death, law and politics against the backdrop of poverty, social misery, disease, oppression and prejudice. She proposes that we consider refusal firstly as a possible mode of critical thinking and theorising but ultimately also as an alternative approach to law and jurisprudence. For Van Marle, what lies at the heart of refusal is the ‘idea of unexpectedness that breaks with the formality and predictability of law’ — an unexpectedness that could disclose new directions for thinking about and doing law.
ROSE TINGED MEMORIES: A FAMILY OF STRANGERS
Authors: Siyotula Nozuko
Published: July 2021

I took a drive to that dusty street whose length had once been filled with many families. To own the truth, I was led there by a longing to eat freshly baked cake in maTema’s kitchen with the banana tree that blocked the light from the window and feel her motherly gaze from behind her sixties styled pink sunglasses.
VOETSTOOTS TER UITSLUITING VAN AANSPREEKLIKHEID
Authors: van der Walt Johannes Jacobus
Published: July 2021

Soos die titel van hierdie artikel aandui, beïnvloed ’n voetstootsklousule kontraktuele aanspreeklikheid en sluit dit die werking van kontraktuele remedies uit. Daar moet vanuit die staanspoor onderskei word tussen ex lege waarborge (naturalia) en ex consensu waarborge (incidentalia). Die rede hiervoor is dat die voetstootsklousule nie laasgenoemde waarborge kan uitsluit nie. Verder, indien die voetstootsklousule wel ingesluit word en die ex lege waarborg word uitgesluit, laat dit die koper sonder die aedilisiese aksies.
TUG OF WAR: EVALUATIVE VERSUS FACILITATIVE MEDIATOR
Authors: Munjal Diksha
Published: July 2021

Mediation can be defined as a process where a neutral third party seeks to facilitate communication between the disputing parties to help them arrive at an amicable solution of their disputes culminating in a win-win situation for the parties. Though ‘... there is no single limiting definition of mediation, in part because mediators function in accordance with different philosophies and in statistically different ways’, the most commonly accepted definitions of mediation incorporate two essential elements: ‘(1) third-party facilitation of dispute settlement, and (2) lack of third-party power to determine the resolution of the dispute.’ The central focus of mediation is based on the principle of parties’ self-determination. To further this basic principle, the role of a mediator must be well defined. Looking at mediation from a historical perspective, mediation was confined to the facilitative role of a neutral third party. Gradually, however, there came a sharp divide amongst the existing mediators as regards the scope of intervention by a mediator in the mediation proceedings. At one end of the broad spectrum of a mediator’s role, lies his or her active role as an evaluator and at the other, that as a facilitator of communication between the parties. These two positions are, however, in contrast with each other and hence, the debate as to the most suitable role of a mediator’s intervention in the process. In part II(a) of the present paper I attempt to portray the distinction between mediators and decision-makers. Because of the emergence of evaluative forms in mediation. In part II(b) I sketch the differences between the approaches taken by the facilitative and the evaluative mediators. In part III I try to indicate the dangers posed when mediators strive to put on the evaluative cloak and finally and in part IV I sum up the paper with an appropriate conclusion.