bluuebunny/crossref_metadata_2025 huggingface dataset:
EFL vocabulary learning strategies among high school students
Authors: Radić-Bojanić Biljana
Published: June 2021

The paper examines how frequently high school students use EFL vocabulary learning strategies and whether contextual educational factors have any influence on strategy selection. The theoretical part discusses the importance of language learning strategies, which can facilitate the internalization, storage, retrieval, or use of the new language, factors that affect their usage and selection (e.g. nature of the task, students' motivation, foreign language proficiency, teacher's expectations, students' learning styles, students' gender), as well as the process of vocabulary acquisition. The empirical part presents the results of the analysis of a survey conducted among students from two high schools in Serbia, a vocational school and a grammar school. The aim of the research is to determine how frequently students use vocabulary learning strategies and if there are any statistically significant differences in strategy use between students from the two schools which are the consequence of different subjects and learning objectives. The results show that the majority of vocabulary learning strategies have medium use among high school students (seven out of nine memory strategies, seven out of nine cognitive strategies and two out of four compensatory strategies) and that there are certain inter-group differences (whereas students from the medical high school use memory strategies more frequently, students from the grammar school report higher use of cognitive and compensatory strategies). The results indicate that there are important cross-curricular links which point to the transfer of learning strategies from content subjects to English language classes.
The impact of the level of parental involvement and parental demands on students' attitudes to learning
Authors: Perućica Ranka , Kalajdžić Olivera
Published: June 2021

The attitudes that parents have towards learning are very significant for the forming of staudents' attitudes towards learning. The importance of this study lies in uncovering the extent to which students' own attitudes to learning depend on the level of parental involvement and parental demands, and the extent to which the insights obtained can be used as the basis for determining the manner in which parents should be engaged in and devote attention to their children's learning. In this paper, students' attitudes to learning were observed through two variables, namely students' learning goal orientation and their approaches to learning. The research sample consisted of 802 seventh-, eighthand ninth-grade primary school students. We started from the assumption that certain differences exist among the given variables. For the purposes of the study we used an instrument for measuring students' approach to learning, an instrument for measuring learning goal orientations and an instrument for measuring the level of demands and the level of support in the family environment. The reliability of the instruments was verified through Cronbach's alpha coefficient. The data obtained indicate that there is a statistically significant difference in learning goal orientations and approaches to learning among students depending on the level of parental demands and the level of parental involvement. Students whose parents provide high levels of support are more likely to have mastery goal orientation and an in-depth approach to learning, regardless of the level of demands. The pedagogical recommendation that can be made based on the results is that parents should provide their children with a high level of support for learning so that they can achieve the best possible results.
Burden of proof and lack of conformity under the CISG from the Italian law perspective
Authors: Ferrante Alfredo
Published: June 2021

The article studies the interaction between the model of sale and purchase provided by the CISG and that of the Italian Civil Code. This is done with a twofold purpose to verify: a) whether, as things stand, the applicability of the domestic law legislation or of the general principles governing the CISG is indifferent in relation to the burden of proof concerning the lack of conformity, and consequently also to the debate concerning whether this aspect is of a procedural or substantive nature; b) whether this burden of proof can move independently of the subjective or objective conception of performance and of whether the seller's performance is associated with an obligation or a guarantee.
Negotiations and contract for the international sale of goods
Authors: Tomić Ljubica
Published: June 2021

Negotiations that precede the conclusion of a contract for the international sale of goods may influence the legal interpretation of that contract, subsequent to its conclusion, on the one hand but can also, on the other hand, provoke the liability of the negotiating parties for termination of negotiations related to the international sale of goods. Applicable law to the liability of negotiators for the commencement, conducting and termination of negotiations is the law determined by virtue of the rules of private international law or the law agreed upon between the negotiators. The Vienna Convention (CISG) is generally not applicable to this phase. For the sake of predictability of the legal consequences of termination of negotiations, especially in the case of complex, high-value business deals and long-lasting negotiations on the international sale of goods, it is recommended that negotiators determine the law applicable to their negotiations. The choice of the law applicable to the contract for the international sale of goods implies the choice of rules for the interpretation of that contract. Rules for the interpretation of the contract for the international sale of goods might give due consideration to prior negotiations, in determining the intent of a party, especially in countries of civil law tradition and in cases where the Vienna Convention is applicable.
The impact of the history of statehood on the economic development of countries
Authors: Arsić Milojko
Published: June 2021

The paper investigates the impact of the history of statehood, as a part of historical heritage, on the current level of economic development of countries. The history of statehood affects the efficiency of the state in performing functions that are important for the functioning of the economy and its progress, such as the quality of institutions, economic policy, education, infrastructure, etc. Empirical research mainly supports the existence of a link between the length of statehood of countries and their level of economic development in the form of an inverted letter "U", which means that the most developed countries have "medium" length of statehood. Countries with "medium" length of statehood could learn from the mistakes of older states, and had enough time to build state capacities. The connection between the history of statehood and the level of economic development of countries is stronger if statehood is measured on the basis of the history of statehood of the population inhabiting present countries, rather than on the basis of the history of statehood in modern countries. This result is consistent with empirical research according to which social norms and forms of behavior that are important for the functioning of the state are relatively stable over time.
Organ donation and ownership of body parts: Protection of bodily integrity
Authors: Kovačević Dušica
Published: June 2021

Bodily integrity is one of the main areas of interest for organ transplantation. The transfer of one human organ from one body to another is a matter of the bodily integrity of the human. The focus of the work is on the treatment of the human body in situations when it is necessary to make decisions on organ donation, in one's own and others' best interests. In this context, the possibility of an equal right to bodily integrity is considered, as well as the possibility of ownership of the body. The paper will consider legislation and court cases of the European Union member states concerning the situation in the Republic of Serbia. The final part of the paper concludes about the roles that individual participants in the process of organ donation should play in modern circumstances.
Respect of the Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms in the recent case law of the European Court of Human Rights
Authors: Vojvodić Jovana
Published: June 2021

Private life, family life, home and correspondence represent some of the most intimate and significant aspects of human life. The focus of this paper is an analysis of the right to respect for private life, family life, home and correspondence, as the elements of the protection of the Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. The analysis was primarily conducted through research and interpretation of the European Court of Human Rights recent case law, whereby, some of the cases of the highest importance as well as the case of the Republic of Serbia as a respondent state, were specially observed.
Parties in civil lawsuits according to provisions of legislation on civil procedure of Serbia from 1865
Authors: Kulauzov Maša
Published: June 2021

The article sheds light on provisions of Code of Civil Procedure from 1865 concerning parties in civil lawsuits. Beside plaintiff and defendant, position of third parties in litigation such as intervener, guardian of a minor or an adult deprived of legal capacity, as well as of legal representative (i.e. attorney) was also carefully scrutinized in this paper. As being fully aware of their significance, the author of the Code, minister of justice Rajko Lešjanin dedicated 33 paragraphs to parties in civil lawsuits. They had been very attentively drafted after thorough and detailed discussion between the author of the draft and the State Council's Commission. Legal capacity of litigants and their representation before courts of law is especially meticulously regulated. Aforementioned provisions (except for paragraph 65 that was somewhat revised in 1900) remained intact during the whole period that the Code was in force. Minister of justice Stojan Novaković, however, in his draft from 1872 proposed amendments and supplements to the two articles regarding the course of time during which intervener should be allowed to join ongoing litigation and ability of parties in lawsuit to appoint more than one legal representative but, since Novaković's document was never enacted, these articles were left unrevised.
Publicans according to the Justinian's Digest: Institutionalised corruption and its legal sanctioning
Authors: Deretić Nataša , Milutin Milan
Published: June 2021

Rapid expansion of ancient Roman territory was apparently not followed by a sufficiently quick growth of public administration. Consequently, a part of public authorities was entrusted to private individuals. This process appeared to be mutually beneficial. Public authority achieved the implementation of its jurisdiction, tax collection being of particular importance, while publicans, private individuals, acquired vast profits. Their profits were often a consequence of their abuse of the public authorities entrusted to them. The profit growth was followed by a growth of publicans' power and influence within the society, and consequently, the possibility of holders of public authorities to bring them to justice by exercising their powers was limited. Nevertheless, the aspect of legal limitations of publicans in which the authorities were partially successful, refers to the circumstances in which the public interest was harmed. Private individuals, however, were largely left at the mercy of the illegal actions of the publicans. The texts of Justinian's Digest, thus originating form the classical period, in which these matters are considered, were analysed in this paper.
Consumer right to product accessibility
Authors: Mićović Andrej
Published: June 2021

In order to reduce barriers in cross-border trade, stimulate the functioning of the internal market, increase the availability of certain products, enable all consumers to have access to certain products on an equal basis, Directive (EU) 2019/882 on the accessibility requirements for products and services has been adopted. With regard to product accessibility article provides an overview of the origins and development of the right to access(ibility), as well as terminological and conceptual analysis of universal design as an constitutional element of the accessibility right and finally article analyzes the rules contained in the Directive regarding: scope of the rules governing product accessibility; accessibility requirements; elements that exclude application of the accessibility requirements.
Method of acquisition and termination of judicial office in Serbia in the second half of the 19th century
Authors: Čvorović Zoran
Published: June 2021

From the viewpoint of the way of acquisition and termination of the judicial service, judges in Serbia passed a long road from ordinary civil servants that were acquiring and losing their position solely based on the will of the minister of justice, to independent judges with guaranteed tenure appointed on recommendation from the highest courts and dismissed by decision of the highest courts in the country. The path, however, was not straight-line, neither in terms of normative solutions nor in terms of political and social temptations. The Law on Judges from 1881 which regulated the Judiciary of the Principality of Serbia on the principles of judicial consistency, competence and financial security, introduced for the first time the method of electability (co-optation) of judges by judicial collegiums in the Serbian judiciary. At the same time, this Law completely disempowered Minister of Justice of the right to decide on the termination of the judge's office and handed it over to the highest court in the country - the Cassation court. The significance of the formal guarantees of judicial independence, which has been ensured since 1881 by specific procedure of acquisition and termination of judicial office, became questionable due to both "pestilent" touch between judges and politics, but also for substantial number of judges who took judicial independence as judicial irresponsibility.
Data eetention in CJEU Case Law
Authors: Bugarski Tatjana , Pisarić Milana
Published: June 2021

Possession of accurate, complete and reliable relevant data on electronic communications traffic and timely access of authorized competent state bodies to such data is without a doubt a useful tool in the fight against modern forms of crime. For that reason, it is justified to establish an obligation for providers of electronic communications services to keep certain data on communications for a certain period of time in the realization of which they mediate and to hand over that data at the request of authorized state bodies, in order to use them for legitimate purposes. For this reason, the Data Retention Directive was adopted in 2006, which Member States were required to transpose into national law. However, data retention poses a risk to basic human rights and freedoms, if the regulation establishing this obligation does so without respecting the essence of these rights and freedoms, especially the right to privacy and rights related to the processing of personal data, for which reason the Court of Justice of the European Union declared the Directive invalid is 2014. Despite this decision, Member States continue to regulate the obligation to retain data in their national regulations. In this regard, the question of compliance of these regulations with the fundamental rights and freedoms and principles of the Union is raised. The subject of the paper is the analysis of the case law of the Court of Justice of the EU on this issue after the annulment of the Data Retention Directive.
On the legal institute of partial nullity through the prism of the freedom of contract
Authors: Midorović Sloboda
Published: June 2021

The paper examines the relationship between the principle of party autonomy and the institute of partial nullity of a contract. This interrelation has been brought to the spotlight due to the fact that the application of the institute of partial nullity inevitably triggers court's intervention in the initial content of the contract, which, to be dogmatically correct, shall, in principle, be upheld by the contracting parties. This is so, given that the parties, in the specific case, may favour the elimination of their contract over its survival in the modified content. The analysis has indicated that the stance on this subject matter cannot be uniform, since the occasions in which this relationship may come into play are not identical. Thus, this relation has been assessed in the three different sets of cases: 1) these in which the legislator a priori foresaw nullity of a specific contractual clause opting at the same time for the survival of the rest of the contract; 2) these in which the parties anticipated in their contract the influence of the nullity of a specific clause to the rest of the contract, and eventually, 3) these in which the court established the nullity of a concrete contract provision based on a general nullity clause to be found in Art. 103 in conjunction with Art. 105 of the Law on Obligations (LoO). Given that the LoO does not provide any guidelines on how the courts should handle the last group of cases, the approach advocated to this end in the legal doctrine and jurisprudence of the countries belonging to the Germanic legal family has been analysed. There, the dilemma between the partial nullity and nullity in toto is being solved with the help of the legal concept of hypothetical will. This is followed by the explanation of the concept of hypothetical will along with the legal standards and criteria according to which it shall be established. The paper concludes with the finding that the objective approach in the examining of the hypothetical will, which is advocated in the examined legal systems, is also acceptable from the viewpoint of Serbian law.
Penal and Non-Penal Approaches to the Legal Enforcement of Child Marriage: A Political Analysis of Criminal Law
Authors: Ismawati Sri
Published: June 2021

This study is directed to examine the issue of child marriage from the perspective of criminal politics. Criminal political perspective child marriage is a perspective that not only sees the problem of child marriage solely as a matter of criminal law, but also tries to look at the problem of child marriage from a non-legal perspective. By using normative and juridical approach, the results showed that the perspective of politics of criminal law of child marriage is to see the problem of child marriage solely as a matter of criminal law, but also tries to look at the problem of child marriage from a non-legal perspective. The politics of criminal law with a penal approach can be done by using integrative formulation, revision, criminalization, penalization of child marriage, law enforcement against criminal acts related to child marriage, encouraging the making of Regional Regulations, Governor Regulations or Regulations of Regents. On other hand, the non-penal approach is by empowering the role of parents by conducting education, education and self-esteem; empowering the role of religious leaders, community leaders, traditional leaders; family economic empowerment, education empowerment and integral policy models
Implementation of Multicultural Values in Islamic Religious Education Based Media Animation Pictures as Prevention of Religious Radicalism in Poso, Central Sulawesi, IndonesiaImplementation of Multicultural Values in Islamic Religious Education Based Media Animation Pictures as Prevention of Religious Radicalism in Poso, Central Sulawesi, Indonesia
Authors: Malla Hamlan Andi Baso , Misnah Misnah , Markarma A.
Published: June 2021

This study aims to promote multicultural values in the culture of Sintuwu Maroso the Poso community through the transformation of education which is integrated with Islamic religious subjects based on animated image media as prevention of radicalism in the school and community environment. Research methods is a qualitative descriptive study in the form of writing and oral words from people who are the object of research, in conducting research, researchers as the main instrument whose role is to observe observations of documents and conduct interviews with informants, analyze data, interpret data and interpret data compiled a report on tracking the value of local wisdom on the multicultural value of Sintuwu Maroso in the Poso community. Islamic religious education learning that is integrated between Islamic religious material and cultural material of the Poso Sintuwu Maroso community can produce students who are always obedient to their God, behave well with others and are far from understanding religion and radical religious behavior in multicultural / change communities. student characters. Islamic religious education learning that is integrated between Islamic religious material and cultural material of the Poso Sintuwu Maroso community can produce students who are always obedient to their God, behave well with others and are far from understanding religion and radical religious behavior in multicultural / change communities. student characters
Legal Effective of Putting "Business as Usual" Clause in Agreements
Authors: Marpi Yapiter , Erlangga  , Endaryono Bakti Toni , Noviani Krismayu
Published: June 2021

The development of business in Indonesia accompanies legal needs in the community, especially when triggered by the pandemic period of 2020, breakthroughs of business people to anticipate obstacles have made innovative clauses to be put in the agreement. The birth of the “business as usual” clause needs to be observed in this paper to study the legal impacts that may arise from its positive and negative aspects. This paper aims to analyze the impact of the agreement on the placement of a business as a usual clause on force majeure conditions and to examine the relevance of responsibility as good faith, its validity is limited so that risks can be minimized. This research paper use a random sampling method, normative-empirical legal research, socio-legal research tool types, data software through legal observations, analysis descriptions, modern or traditional agreement law reviews, and primary and secondary data collection. The results of this paper's research manifest the dispute resolution of the parties due to the agreement if it is not proven in good faith. This paper provides solutions and studies of the agreement law of business actors in an effective manner of responsibility and justice.
Social Forestry: The Balance between Welfare and Ecological Justice
Authors: Pane Erina , Yanis Adam M. , Susanto Is
Published: June 2021

Poverty and climate change mitigation are connected to each other, so one of the policies adopted by the Indonesian government is managing forests with social forestry schemes. Where social forestry aims at prospering the poor and preserve forests. A balance between the two is needed because it is not only part of forest land, but it also considers justice for the community to get prosperous rights and realize ecological justice. The dynamics of social forestry in Indonesia are characterized by policies and regulations, but in various regions, people have succeeded in increasing their welfare while making forests sustainable. It was concluded that social forestry builds ecological strategic values that guarantee the sustainability of forest functions managed by the community. It can succeed if policies and regulations in Indonesia provide legal certainty over the rights to community-managed forest land.
The Culture of Transactional Politics in Indonesia's Gubernatorial Elections Since Reformation
Authors: Amin Muryanto
Published: June 2021

Since initiating political reform in 1998, Indonesia has sought to restructure its political institutions and processes as a means of reinforcing public autonomy. This article explores the three direct gubernatorial elections that have occurred in North Sumatra since the process was first implemented, namely in 2008, 2013, and 2018. We interviewed key actors, including gubernatorial candidates, political party leaders, and electoral agents, and analyzed the cultural practices of corruption and bribery. The first three local elections’ examinations of North Sumatra reveal that transactional politics occurred through the practice of corruption and exchange of public offices, thereby having a deleterious effect on public services of the North Sumatra Provincial Government. Moreover, local culture tends to accept to provision and receipt of bribes and gratuities during local elections. This study contributes to the discourse on the beliefs and practices that go against the values of democracy and threaten established political systems.
Formulation of Correctional System Model in Corruption Enforcement in Indonesia
Authors: Mahardika Dinar , Terima Tian , Kurnia Kamal Fahmi , Pratama Aditya Erwin , Zainudin Arif
Published: June 2021

Corruption in Indonesia requires the right formulation. The rule of law and punishment system in Indonesia is still weak against criminals. This paper tries to find the right formula in punishing corruptors because the existing punishment system is still breakable and is deemed ineffective in preventing it. This paper belongs to a type of normative approach with a descriptive-analytical. This paper reveals that there are weaknesses in the rule of law in corruption compromise, resulting in increasing corruption every year. Data from ICW in 2018 shows that corruption is still considered a common crime, and the current punishment system does not reflect the firmness in determining the maximum punishment. It is exacerbated by the sale and purchase of facilities in prisons, which results in public distrust of the law. In other countries, Indonesia must be more severe in punishing bribery and corruption, including extraordinary crimes against the people. The conclusion in this paper is to formulate a religious and moral approach in punishing corruptors such as social sanctions, public humiliation, being a cleaning worker, life imprisonment, being exiled, taking political rights, even being humiliated in public so that it becomes a new formula in corrupt penalty system.
Comparison of Land Law Systems: A Study on Compensation Arrangements and Reappraisal of Land Acquisition for Public Interest between Indonesia and Malaysia
Authors: Sari Embun , Yamin Muhammad , Purba Hasim , Sembiring Rosnidar
Published: June 2021

Land is a livelihood land for everyone to achieve prosperity in various fields; besides that, the land is also the essential capital in the development of a nation, and its benefits must be exploited as well as possible. There are still many lands affected by the procurement of development for the public interest that are detrimental to the community, including compensation and land that an appraisal has not appraised. This research method uses normative juridical research with the approach of laws and concepts and collects primary legal materials in existing regulations in both countries. Data collection techniques consist of literature study, observation, interviews, and use of questionnaires. The results of this study found that both Indonesia and Malaysia regulate compensation arrangements in the Act. Although both of them depart from different legal systems, where Indonesia is subject to the civil law system and Malaysia is subject to the common law system, both have the same. In Indonesia, it has not explicitly regulated reappraisal in its law, in the future, it is necessary to consider the pattern of reappraisal carried out by Malaysia, because this pattern according to the author, with the current legal vacuum, it is necessary to have a fast track process to provide justice and legal certainty.
Restorative Justice in Indonesian Law on Juvenile Criminal Justice System and Its Implications for Social Work
Authors: Suharto Edi
Published: June 2021

The study was motivated by Indonesian Law on Juvenile Criminal Justice System, which is now starting to take effect based on the restorative justice paradigm. The study aims to analyze the restorative justice in the juvenile system as the settlement of criminal cases together with related parties in order to find a fair settlement by emphasizing restoration to its original state. By using the socio-legal approach, the results recommend that to achieve this restorative justice, efforts are made to diversify or transfer the settlement of juvenile cases from the criminal justice process to the non-criminal court process. It is in this diversion effort that it has an impact on social work. If previously social workers had a small role towards children in conflict with the law (ABH), now their role is bigger. So that it takes an increase in quality and quantity. The results would imply that increasing both quality and quantity must be followed by efforts such as education and training. Practical implications also denote the quality of social welfare service institutions be strengthened because this institution will accommodate ABH when the diversion effort is agreed upon by the parties.
The Patterns and Influences of Women's Legislative in Simultaneously General Elections in Indonesia
Authors: Asmar Abd. Rais , Nurdin Reskiyanti , Arbani Tri Suhendra , Syam Febrianto , Fuady Muhammad Ikram Nur , Lukita Fauzi Hadi
Published: June 2021

Gender is one of the essential aspects of the democratic process, including in the legislative elections. In this regard, this study aims to see the implementation of recruitment patterns and the influences used by women, and the factors that win women in Indonesia's legislative elections. This research is qualitative research by carrying out the documentation at the General Election Commission Office and in-depth interviews with women legislators elected in the 2019 general elections. The results showed that the Indonesian government has implemented affirmative action well, indicated by a minimum quota of 30% for female legislators. Besides, affirmative action's success is also supported by recruiting legislative candidates by parties using several approaches, namely the oligarchic approach, the cadre selection approach, the structural approach, the transparency approach, and the dedicated approach. Furthermore, the prevalence and factors that support women legislators' success in the 2019 elections, which have increased compared to the 2014 elections, influence the sequence number and the incumbent candidates' influence. In the end, this affirmative action policy positively affects women who want to take part in politics.
Protection of the Environment through State Administrative Law
Authors: Sugiharto Imawan , Hamzani Achmad Irwan , Taufik Moh. , Khamim Mohamad , Aravik Havis
Published: June 2021

The earth's water and the wealth contained in it are liquidated state to be utilized as much as the prosperity of the people. The state is here to manage nature by paying attention to the environment for the sustainability of development. Climate change, pollution, and environmental damage are threats. Research objectives for the role of the state as the executor of state administrative law, and analyze the basis of state administrative law enforcement in environmental management, as well as the role of the state in the management of natural resources that have an environmental impact. This research uses a normative approach, using secondary data and qualitative data analysis. The results showed that the role of the state as the executor of the duties of administrative law and protection of the environment is mentioned in the 1945 Constitution. The legal basis for enforcement of state administrative law is governed by the Environmental Law, the Energy Act, and the Mining, Minerals, and Coal Act. The function of the state through state administrative law in the management of environmentally impacted energy resources is covered by some of these laws.
Coffee Farmers in Gayo Highlands: Comparison of Cultivation Practice between Farmers of Local Gayonese and Javanese Transmigrants
Authors: Nazaruddin Muhammad , Nasution Abdullah Akhyar , Awaluddin  , Kamil Ade Ikhsan
Published: June 2021

This study aims to describe the comparison of cultural values among coffee farmers with different ethnic backgrounds in Aceh Tengah and Bener Meriah District. The cultural values of coffee farmers who are transmigrants from Java showed different variations compared to those applied by the local Gayonese coffee farmers. Furhermore, this article explains the understanding and practice of cultural values and their implications in the system of coffee cultivation applied by transmigrant farmers from Java and those from local communities.Data was collected by applying ethnographic method through Live In, participatory observation, and indepth interview. The results showed that there were different patterns of cultivation applied by farmers with gayo ethnic and Javanese migrants living in Gayo. The differences lie on the pattern of cultivation and planting, as well as on the symbolization of the coffee tree itself. The most outstanding difference is that local Gayonese coffee farmers apply local wisdom in the practice coffee cultivation and use the four elements of life symbols such as land, water, air and wind when seeing coffee as a source of livelihood in their lives.
Sociological Perspective and Legal Protection of Customary Land: Solution to Determination of Traditional Forest in Indonesia
Authors: Sukirno Sukirno , Adhim Nur
Published: June 2021

This study is motivated by the perspective of government officials and the mechanism for determining customary forests which is often the cause of conflict between indigenous peoples and plantation entrepreneurs who accept concessions from the government. The aims of this study are to evaluate the legal positivism perspective that continued domein verklaring during the Dutch colonialism saw customary forests as state forests as long as they had not been determined by the government so that they could be concessioned to plantation entrepreneurs. The results showed that in order to prevent conflicts and to simplify and speed up the mechanism for determining customary forests, an idea is offered to apply the legal processing (rechtsverwerking) analogy in customary law that has been accepted by the national land law. The physical control of customary forests by customary communities by collecting products, utilizing and conserving the forest, regulated in customary law and not denied by indigenous peoples, who border, is sufficient as a sign that the customary forest is under the control of the customary community concerned. Likewise, for the stipulation mechanism, it is necessary to give authority to the local government to be able to determine customary forests.
Disconnectivity Social of Conflict in the Circle of Iron Ore Mine in Bone Regency, South Sulawesi, Indonesia
Authors: Samanlangi Andi Ilham , Agustang Andi , Adam Arlin , Alim Andi
Published: June 2021

Conflict is a common occurrence in mining activities that ignore the triple bottom line principle. Neglecting the impact of environmental damage and the welfare of the communities around the mine has resulted in social disconnection leading to conflict. This study aims to describe comprehensively the social disconnect in the iron ore mining project in Bontocani District so that mining conflicts do not occur. The research method used is a mixed-method with a sequential design starting with qualitative methods then followed by quantitative methods. The findings of this study indicate that the causes of social disconnect include: There are environmental impacts that damage the livelihoods of residents around the mine area, the company does not respect local wisdom, the role of government is not maximal as a mediator, The economic impact is in the form of loss of livelihoods in the agricultural sector which is exacerbated by road infrastructure. damaged and Social impact in the form of jealousy between residents. The practical implication of this research is the creation of a harmonious relationship between the government, companies and communities in mining management.
MAPESA'S Role in Protecting Aceh Historical Site: (Study at Historical sites in Banda Aceh and Aceh Besar)
Authors: Anismar  , Ibrahim Mohd Yusri Bin , Muhammad Zikri Bin , Saputra Jumadil
Published: June 2021

The title of this research is "The Role of MAPESA in Protecting Aceh Historical Sites (Study on historical sites in Banda Aceh and Aceh Besar)". This research focuses on the strategies used by the MAPESA Community (Masyarakat Peduli Sejarah Aceh) in introducing Aceh's history to the community, as well as the obstacles faced by the MAPESA community in preserving Aceh's historical heritage. The purpose of this research is to find out what strategies the MAPESA Community uses in introducing Aceh's history to the community as well as the obstacles that mapesa communities face as long as they preserve historical relics in Aceh, especially in Banda Aceh and Aceh Besar. This research uses a qualitative approach using the Laswell Model strategy theory. In order to obtain accurate data and informant, data collection techniques used are observation, interview, documentation, and literature studies to find additional references to the problems studied. The results showed that the strategy used by the MAPESA community in introducing Aceh history is two ways, namely through direct communication (meuseuraya and expedition activities) and through media communication (books and social media). And there are two obstacles that MAPESA faces, namely in terms of delivering messages to the community and also technical obstacles ranging from secretariats, budgets, tools, and resources that are still minimal.
A Case Study of Non-Violent Property Crime Victimisation in a South African Urban Residential Neighbourhood: Exploring the Excessive Use of Force and Destruction Caused by Burglars to Gain Entry to Victims’ Properties
Authors: Graan Johan van
Published: June 2021

Commentators frequently report on the high prevalence of violent crime in South Africa and often label the country as one of the most violent in the world, with a subculture of violence and criminality. This paper focuses on a different perspective, reporting on the excessive use of force and destruction caused by offenders in South Africa to gain entry to victims’ properties in the execution of non-violent property crimes, in a particular residential burglary. Literature on property crimes has been considering the aggravating circumstances of violent property crimes. However, the use of excessive force and destruction caused by burglars to gain access to victims’ properties in the execution of residential burglary remains relatively untested in the literature. In this light, the purpose of this study is to describe the unprecedented levels of force used and destruction caused by burglars to gain access to victims’ properties during residential burglary victimisation in an urban residential neighbourhood in Johannesburg, South Africa. A qualitative research approach is followed. A case study design was used to select an urban residential neighbourhood in Johannesburg as a case study. A data set of (n = 1 431) crimes were purposively selected by means of non-probability sampling. Qualitative and quantitative content analysis was used to analyse the data. This paper offers valuable insight into the forceful and destructive conduct of burglars in the selected neighbourhood and contributes to the body of knowledge by providing an improved understanding of target hardening as a preventive measure against residential burglary victimisation as well as on methods of entry used by burglars in incidents of residential burglary. The results of reported non-violent property crime victimisation incidences by this community’s neighbourhood watch scheme suggest that residential burglars in the selected neighbourhood are uncharacteristically forceful and ravage in their actions since they frequently revert to extreme use of force and destruction, disproportionate to the crime perpetrated. It is concluded that this radical degree of force used and destruction caused by residential burglars to gain entry to victims’ properties in the execution of non-violent property crimes is not typically associated with residential burglary as compared to countries internationally.
Prohibition of Monopolistic Practices and Unfair Business Competition in Indonesia: A Legal Mechanism to Balance the Public Interest
Authors: Mahendrawati Ni Luh Made
Published: June 2021

The study is to explore the legal mechanism of prohibition of monopolistic practices and unfair business competition in Indonesia by looking at the role of the Business Competition Supervisory Commission (KPPU). This study was conducted using the empirical normative method. In this context, the regulatory reference used is Law No. 5 of 1999 (Anti-Monopoly Law). Other regulations are Article 34 of Law No. 5 of 1999 and Presidential Decree No. 75 of 1999 and named the Business Competition Supervisory Commission (KPPU). Several KPPU decisions analyzed were in the cities of Medan, Semarang, Surabaya, Makassar and Central Jakarta. The results showed that Law No. 5 of 1999 regarding the Prohibition of Monopolistic Practices and Unfair Business Competition in Indonesia was formulated to the principle of balancing interests, namely the balance between the interests of business actors with the public interest. The formulation of the principle of balance can be found in the considerations, explanations and articles in Law No. 5 of 1999.
Implementation of Timber Legality Verification System for Forest Processed Wood Products Based on Ecological Justice
Authors: Mulyani Sri , Lisdiyono Edy
Published: June 2021

This study aims to analyze the application of the Timber Legality Verification System (SVLK) for forest processed wood products, namely furniture in Jepara Regency. SVLK is enforced to maintain harmony between environmental ecosystems and business ecosystems, this is in accordance with the concept of environmental justice which harmonizes environmental, economic and social in Jepara Regency. The research method used is normative-empirical (applied law research). The results showed that the importance of implementing SVLK on furniture in the Jepara Regency can increase the selling value in the global market and guarantee its legality. SVLK is regulated in the Regulation of the Minister of Forestry of the Republic of Indonesia Number: P.38/Menhut-II/2009 concerning Standards and Guidelines for Assessment of Performance of Sustainable Production Forest Management and Verification of Timber Legality in License Holders or in Private Forests. The implementation of SVLK in Jepara Regency for processed forest timber has not been optimal, because many IKMs do not yet have SLKs due to high costs and complicated procedures
Revisiting Electoral Violence in Zimbabwe: Problems and Prospects
Authors: Tirivangasi Happy Mathew , Nyahunda Louis , Maramura Tafadzwa Clementine
Published: June 2021

This study explores theoretical contradictions with realism, regarding the actors or perpetrators of violence when explaining the causes of electoral violence in the Zimbabwean context. These perspectives can be divided into two contesting schools of thought. The first group is mainly made up of rational theories and holds the position that, autocratic governments use electoral violence as a way of influencing electoral outcome. The second position suggests that the weaker political party is the one responsible for electoral violence. This paper then, contributes to the ongoing debate on the causes of electoral violence by advancing the notion that electoral violence should not be seen based on one position but from a multifaceted position. This is because, neither of the two theoretical approaches are wrong but what differs is the context. This paper argues that the idealism of holding one position hinders policy analysis to electoral violence, monitoring and observing election process as it places either, the ruling party or the opposition party as a unit of analysis.
Criminalization of Sexual Acts in Jordanian Law (Comparative Study)
Authors: Issa Hamzeh Abu , Al-Taraira Mohammad
Published: June 2021

This article aimed to clarify the opinion of the Jordanian legislator regarding the criminalization of sexual acts in comparison to the position of the monotheistic religions and contemporary laws, in addition to knowing the Jordanian society’s view of criminalizing sexual acts. By looking at the Jordanian legal texts related to the subject, it became apparent to researchers that the Jordanian legislator adopts the principle of sexual freedom like other legislators in other countries, despite this violation of Islamic law, which is the official religion of the state according to the Jordanian constitution. In order to achieve the objectives of the study, the researchers adopted the descriptive and analytical approach that reads the opinion of the Jordanian legislator, the monotheistic religions, and contemporary laws in criminalizing sexual acts. Using the results of a questionnaire designed for the purpose of knowing the views of the Jordanian society on the principle of sexual freedom. This questionnaire was distributed to a random sample of 1000 people. The article reached a number of conclusions, including that (84)% of Jordanian society do not accept sexual freedom for religious, moral and social reasons. In light of the results of the article, the authors recommended abolishing the principle of sexual freedom from Jordanian law and calling on the Jordanian legislator to reconsider texts related to the criminalization of sexual acts in line with the culture of society.
Implementation of Compensation for Oil Pollution by Tanker Ships in the Indonesian Legal System
Authors: Purwendah Elly Kristiani , Mangku Dewa Gede Sudika
Published: June 2021

The government needs to restructure the institutions that are responsible for prosecution and the calculation of appropriate compensation to avoid the time-consuming and complicated process of calculating losses and need to establish a loss adjuster agency. The Coordinating Ministry for Maritime Affairs is expected to be the coordinator, coordinating other agencies based on a marine data base and a method of calculating compensation for all existing resources. It is necessary to create a special procedural law system for environmental compensation considering the application of the precautionary principle, the polluter pays principle and strict liability in cases of tanker oil pollution which have special characteristics given the civil responsibility and liability for Protection & Indemnity (P&I) insurance.