Legal Strategies Research Articles

Inovasi Produk dan Pendampingan Ijin Produk pada Kelompok Masyarakat Guna Meningkatkan Perekonomian

The Covid-19 pandemic has caused small businesses throughout Indonesia to experience an economic decline. People are psychologically afraid of contracting the virus, so they limit going out of the house. Indirectly causing a decrease in income because people limit spending and consumption patterns. This community service aims to help community small businesses located in Banjarbaru, South Kalimantan in managing their business. The survey results stated that there was a decline in sales, especially in the food, salon, cosmetic product, stalls and other clothing sales. The obstacle faced by this business unit is the absence of product innovation that adapts to pandemic conditions. Another thing in marketing products is that many people do not know about strategies regarding promotion, branding, product advertising, product legalization and other strategies. The forms and methods that are the solution to this activity are product innovation related to herbal products and providing knowledge about the legality of products, both herbal products and food products that have been produced so that they are expected to be widely marketed. Apart from that, providing knowledge about product marketing strategies through online promotion and branding as well as providing knowledge on how to have a good managerial system. Herbal product innovation has increased during the Covid-19 pandemic because several herbs are believed to help the body's resistance to disease.

LAW ENFORCEMENT OF ILLEGAL FISHING IN THE IMMIGRATION PERSPECTIVE IN THE WORKING AREA OF BELAWAN IMMIGRATION OFFICE

The abundance of natural resources and the vast area of ​​the ocean in Indonesia are an attraction for the surrounding countries. This makes the case of Illegal fishing a case that is often found in Indonesian seas. One of the affected areas is Belawan seas. Based on the supervision carried out by the Ministry of Maritime Affairs and Fisheries (KKP), it is stated that illegal fishing violations often occur in EEZ (Exclusive Economic Zone) seas. One of the institutions authorized to enforce the law on illegal fishing is immigration. This study aims to see the implementation of law enforcement and immigration law strategies against foreigners who commit illegal fishing crimes in the work area of ​​the Belawan Immigration Office. This research is structured using a combination of normative and empirical research with qualitative methods using the basic theory of State Sovereignty and Effectiveness (Enforcement) of Law. The results of the study found that the Belawan Immigration Office carried out law enforcement in the form of Immigration Administration Actions namely deportation, some of the obstacles encountered in law enforcement were the lack of infrastructure in the form of ships and the limited detention room at the Medan Immigration Detention Center. The researchers also found that the legal strategy efforts carried out by the Belawan Immigration Office were preventive and repressive strategies. With Preventive Strategies in the form of coordination with Foreign Surveillance Team and Foreign Embassies, Repressive Strategies in the form of strengthening the intensity of Immigration Administrasion Action and Investigations.

Restorative Justice in the Juvenile Justice System against Juvenile Delinquency

<em>The concept of restorative justice is predicated on the idea that the process of conflict resolution should take place through means other than the imposition of criminal sanctions and should involve both the individuals who committed the offense and the others who were affected by it. An essential component of restorative justice is the promotion of peace and forgiveness, as well as the enhancement of relationships between victims and perpetrators and the elimination of the damaging social stigma associated with repeat offenders. In Indonesia, criminal offenses are punished in accordance with the decisions reached by the courts. If it is done to children or teenagers, it can result in negative stigma and prejudice, both of which can have an effect on the development of the child in the future. As a result, it is imperative that children be safeguarded by investigating alternative legal strategies for dealing with legal situations involving children, such as the possibility of using restorative justice. This study's objective is to investigate the application of restorative justice principles within Indonesia's juvenile justice system. The research approach that is being used is legal research, and the research method that is being used is normative juridical law research. Studies of published works and historical documents are examples of secondary sources of data. As stated in Law Number 11 of 2012 concerning the Juvenile Justice System, which places an emphasis on deliberation between perpetrators, victims, families, and related parties, the findings of the study lead one to the conclusion that restorative justice is an alternative to solving legal problems outside of the court. The objective is not vengeance but rather recovery.</em>

Mitigasi Hukum Pemerintah Daerah Provinsi Nanggroe Aceh Darussalam pada Krisis Pengungsian Etnis Rohingya dalam Rangka Menjaga Wilayah Pertahanan Negara

This article discusses the legal mitigation efforts of the Nanggroe Aceh Darussalam provincial government in response to the Rohingya refugee crisis. The crisis poses a threat to national defense and security, and the government must take legal measures to mitigate its impact. The article examines the legal strategies employed by the government to address the crisis and protect the nation's territorial defense.

Corporate Social Responsibility and Cooperatives Business Sustainability in Indonesia: Legal Perspective

Corporate social responsibility (CSR) is the company’s contribution to sustainable development. In Indonesia, CSR is generally implemented by large companies in the form of limited liability companies (LLCs) and state-owned enterprises (SOEs). Regulations do not accommodate other forms of companies, such as cooperatives, to perform such social responsibility, which in terms of cooperatives is known as cooperative social responsibility (CoopSR). Instead, the cooperatives are only viewed as the implementing object by the LLCs and SOEs, while not encouraged to perform their social and environmental responsibilities. This article uses a legal dogmatic analysis research method, with the aim to analyze and assess the prevailing regulations concerning CSR and cooperatives. The study shows that, in Indonesia, there are no comprehensive regulations on CSR, but they are spread across various regulations incompletely based on the type of business entity. In the Indonesian Cooperative Law, there is no provision concerning cooperative values and principles on concern for the community, therefore cooperatives are not encouraged to implement CoopSR. To implement CoopSR, the legal and policy strategy needed is through the amendment to the Indonesian Cooperative Law, including CoopSR in the cooperatives’ articles of association and by-laws, and discussing and agreeing to its implementation at the meeting of cooperatives’ members.

Florynce Kennedy’s Cultivation of Reproductive Expertise in Abramowicz v. Lefkowitz and Abortion Rap

ABSTRACT This essay centers the legal and coalitional strategies of Black feminist Civil Rights attorney Florynce Kennedy in pre-Roe v. Wade abortion rights advocacy. Examining the depositional records of the 1969 case Abramowitz v. Lefkowitz and its subsequent distillation into the 1971 book Abortion Rap, we demonstrate how Kennedy’s rhetorical tactics enabled white women’s reproductive experiences to be intelligible—but centered—as expertise in the legal domain. Kennedy’s lines of questioning enabled feelings about unwanted pregnancies to become intelligible as expertise, challenging the authority of established experts. Kennedy impatiently leveraged her expert knowledge of the legal system to manage the state’s objections that threatened the well-being of witnesses and integrity of the case. While Abortion Rap appealed to the intersections of Black women’s reproductive concerns, it also hindered the possibility for coalitional trust to be built between legal experts and Black Power activists around abortion advocacy.

The use of parental alienation constructs by family justice system professionals: A survey of belief systems and practice implications

AbstractParent–child contact problems (PCCP) after separation and divorce are the focus of heated debate in academia and the popular media as to how best to identify, assess and respond to children who resist or refuse time with a parent. Practitioners disagree about the extent to which parental alienation (PA) is a valid and widespread phenomenon versus a legal strategy to counter IPV and child abuse allegations. This study sheds light on prevailing attitudes by surveying the opinions and beliefs of 1049 interdisciplinary family law professionals who deal directly with these matters in practice. These experienced practitioners were confident about their understanding of PCCPs despite little formal instruction on relevant issues. They were less clear about the differentiation between similarly used terms, research evidence, and interventions to address the problems. Emergent themes provide insight into practitioners' beliefs about the harm caused by a parent's alienating behaviors, the extent to which PA is a real phenomenon vs. a litigation strategy, the quality of social science empirical evidence, views of the child in PA cases, and recommended interventions. Responses demonstrate practitioners taking moderate positions that balance competing interests, struggling with ambiguities and contradictions rife in PA cases and PA‐related practice in family law.

Decarbonizing the GCC: sustainability and life after oil and in GCC countries

Abstract Energy transition and decarbonization in the Gulf Cooperation Council (GCC) is crucial to achieving Sustainable Development Goal (SDG) 7 and global climate objectives. This article first highlights the serious impact of the imminent and longer-term threats to the Gulf region caused by rising temperatures and climate change risks. As a shared problem, the article analyses how countries in the GCC are individually and collectively responding to the rising threat, by exploring the recent revised 2020 Nationally Determined Contributions delivered in advance of Conference of the Parties 26, as well as climate and energy targets. On this basis, the article evaluates the legal strategies to decarbonize energy and switch to cleaner economies. The article also highlights how clean energy transitions can help deliver environmental and economic dividends, and achieve a sustainable economy envisioned in SDG7.

Concept of an Intelligent Parking System; Efforts to Resolve Traffic Conflicts Regulations

Makassar, an Indonesian city, is situated on the south-western coast of Sulawesi Island. It is the largest commercial centre in eastern Indonesia, and traffic congestion is a problem there. Movement management must establish sufficient and well-organized parking areas, as well as a good and transparent system to eliminate unmonitored restitution funds, in order to address these issues. To address parking issues in Makassar, a legal and technical strategy is developed, with an emphasis on inclusiveness and including both legal and illegal parking spaces. The integrated parking concept is comprised of a mobile, everywhere-accessible parking area reservation system, a vehicle registration system based on licence plate numbers, and an effective data management system. 180 million Indonesian Rupiah are spent on all equipment and activity installations (IDR). At least 50 locations utilising this system will be required for a minimum vehicle range of 250,000 units, resulting in an approximate capital cost of 9 billion rupiah. The first clause describes the application of minimum parking fees to flat parking fees (generally 2 thousand rupiah). During a single parking period, it is anticipated that 250,000 vehicles will utilise this parking system if all parking spaces are occupied simultaneously. Government and investors can raise 250 million rupiah in investment capital assuming a 50:50 profit split. Revenue can reach billions of rupiah with just four iterations. Doi: 10.28991/CEJ-SP2023-09-05 Full Text: PDF

In‐Group Favoritism as Legal Strategy: Evidence from FCPA Settlements

Anti‐corruption laws aim to bolster public integrity by punishing attempts to illegitimately curry favor with government decision‐makers. These laws, however, can generate integrity risks of their own. This article examines one such risk: that firms subject to scrutiny under the Foreign Corrupt Practices Act (FCPA) may attempt to influence prosecutors by exploiting shared political leanings or related socio‐cultural ties. Drawing on social psychology, we theorize that FCPA defendants retain defense attorneys who are aligned with government officials. This behavior is consistent with a strategy of marshaling in‐group favoritism—i.e., the psychological tendency for individuals to view more favorably those that they perceive as members of the same group—to defendants' advantage. This strategy may be particularly auspicious in FCPA matters, in which prosecutors engage in subjective, trust‐based assessments of defendants' self‐investigatory efforts, typically with minimal judicial oversight. We test this theory by matching attorneys listed on court filings for all FCPA matters over eighteen years with a database of individuals' political views based on their patterns of political donations. This analysis reveals that defendants tend to hire more liberal attorneys to represent them on these filings when prosecutors lean left and during Democratic administrations, and more conservative attorneys when prosecutors lean right and during Republican presidencies. In light of these findings, we offer policy prescriptions aimed at increasing transparency and judicial oversight of FCPA matters to mitigate integrity risks.

How Should State Licensing and Credentialing Boards Respond When Government Clinicians Spread False or Misleading Health Information?

The spread of health misinformation by health care professionals who also hold government positions represents a long-standing problem that intensified during the COVID-19 pandemic. This article describes this problem and considers legal and other response strategies. State licensing and credentialing boards must use their authorities to discipline clinicians who spread misinformation and to reinforce the nature and scope of professional and ethical obligations of government and nongovernment clinicians. Individual clinicians must also play an important role by actively and vigorously correcting misinformation disseminated by other clinicians.

Buttered Bagels

Buttered Bagels

Activists in international courts: Backlash, funding, and strategy in international legal mobilization

Activists in international courts: Backlash, funding, and strategy in international legal mobilization

Politicizing water: Rescaling resistance to extractive development in Guatemala

Many Indigenous and peasant movements denounce the expansion of extractive development as a threat to their lives, livelihoods, and territories that reinforces legacies of colonization and armed conflict. Grassroots resistances to extractive projects converge on concerns over water access and contamination. This essay draws on politically-engaged ethnographic research with Indigenous territorial defense organizations in Guatemala and political ecological perspectives on water politics to examine how the strategic politicization of water affects the scalar potential of Indigenous and peasant environmental movements. I describe how Indigenous and peasant communities, political organizations, and NGOs use water as a transfer point to demonstrate the harms of extractivist projects; pursue legal strategies; form local, regional, and national networks; and to articulate resistances across a range of industries, environmental paradigms, and geographic and ethnic divides, strengthening alliances for alternative ways of being on the land.

Quantum Law: Navigating the Legal Challenges and Opportunities in the Age of Quantum Technologies

Quantum technologies have emerged as a rapidly advancing field, with the potential to transform various aspects of modern society, including legal practice. This article provides a comprehensive analysis of the legal challenges and opportunities presented by quantum technologies, focusing on their impact on legal frameworks, regulatory responses, and intellectual property issues. Through a systematic examination of quantum computing, quantum communication, and their implications for encryption, cyber-security, privacy, and data protection, the article highlights the transformative effects these technologies have on the legal landscape. The study delves into the adequacy of existing laws and regulations, such as the United States' Electronic Communications Privacy Act (ECPA) and the European Union's General Data Protection Regulation (GDPR), and underscores the urgent need for new legal frameworks that can effectively address the challenges posed by quantum technologies. The article also explores the intellectual property landscape in the age of quantum technologies, analyzing patenting, licensing, trade secrets, and other forms of protection. Through a qualitative research methodology, the article offers potential improvements and recommendations for legal professionals and policymakers to navigate the quantum landscape effectively. The key findings emphasize the need for proactive measures and collaboration among stakeholders to develop robust legal frameworks and strategies to manage the challenges and opportunities presented by quantum technologies. The article concludes by suggesting future research directions in the field of quantum law and technology, highlighting the importance of interdisciplinary collaboration in addressing the complex legal and technical issues in this emerging domain.

Does the Second Amendment Make Gun Politics Obsolete?

Previous articleNext article No AccessSymposium on the Supreme CourtDoes the Second Amendment Make Gun Politics Obsolete?Joseph Blocher and Andrew WillingerJoseph BlocherDuke University School of Law Search for more articles by this author and Andrew WillingerDuke University School of Law Search for more articles by this author PDFPDF PLUSFull Text Add to favoritesDownload CitationTrack CitationsPermissionsReprints Share onFacebookTwitterLinkedInRedditEmail SectionsMoreDetailsFiguresReferencesCited by Polity Volume 55, Number 2April 2023Buttered Bagels The Journal of the Northeastern Political Science Association Article DOIhttps://doi.org/10.1086/724162 Views: 13Total views on this site Citations: 3Citations are reported from Crossref HistoryPublished online February 28, 2023 KeywordsBruenSupreme CourtSecond Amendmentfirearmsgun policyoriginalism© 2023 Northeastern Political Science Association. All rights reserved.PDF download Crossref reports the following articles citing this article:Alyson Cole, Robyn Marasco, and Charles Tien Buttered Bagels, Polity 55, no.22 (Mar 2023): 241–247.https://doi.org/10.1086/724222Christine C. Bird and Zachary A. McGee Looking Forward: Interest Group Legal Strategy and Federalist Society Affiliation in the United States Circuit Courts of Appeal, Polity 55, no.22 (Feb 2023): 389–399.https://doi.org/10.1086/724189Susan Liebell The Politics of Law: Capricious Originalism and the Future of the Supreme Court, Polity 55, no.22 (Feb 2023): 356–362.https://doi.org/10.1086/724164

How the Christian Right Slayed a Monster and Reframed the Religion Clauses in Bremerton

Previous articleNext article No AccessSymposium on the Supreme CourtHow the Christian Right Slayed a Monster and Reframed the Religion Clauses in BremertonJoshua C. Wilson and Amanda Hollis-BruskyJoshua C. WilsonUniversity of Denver Search for more articles by this author and Amanda Hollis-BruskyPomona College Search for more articles by this author PDFPDF PLUSFull Text Add to favoritesDownload CitationTrack CitationsPermissionsReprints Share onFacebookTwitterLinkedInRedditEmail SectionsMoreDetailsFiguresReferencesCited by Polity Volume 55, Number 2April 2023Buttered Bagels The Journal of the Northeastern Political Science Association Article DOIhttps://doi.org/10.1086/724187 Views: 46Total views on this site Citations: 3Citations are reported from Crossref HistoryPublished online February 28, 2023 © 2023 Northeastern Political Science Association. All rights reserved.PDF download Crossref reports the following articles citing this article:Alyson Cole, Robyn Marasco, and Charles Tien Buttered Bagels, Polity 55, no.22 (Mar 2023): 241–247.https://doi.org/10.1086/724222Christine C. Bird and Zachary A. McGee Looking Forward: Interest Group Legal Strategy and Federalist Society Affiliation in the United States Circuit Courts of Appeal, Polity 55, no.22 (Feb 2023): 389–399.https://doi.org/10.1086/724189Susan Liebell The Politics of Law: Capricious Originalism and the Future of the Supreme Court, Polity 55, no.22 (Feb 2023): 356–362.https://doi.org/10.1086/724164

Looking Forward: Interest Group Legal Strategy and Federalist Society Affiliation in the United States Circuit Courts of Appeal

Previous articleNext article No AccessSymposium on the Supreme CourtLooking Forward: Interest Group Legal Strategy and Federalist Society Affiliation in the United States Circuit Courts of AppealChristine C. Bird and Zachary A. McGeeChristine C. BirdUniversity at Albany, SUNY Search for more articles by this author and Zachary A. McGeeSt. Lawrence University Search for more articles by this author PDFPDF PLUSFull Text Add to favoritesDownload CitationTrack CitationsPermissionsReprints Share onFacebookTwitterLinkedInRedditEmail SectionsMoreDetailsFiguresReferencesCited by Polity Volume 55, Number 2April 2023Buttered Bagels The Journal of the Northeastern Political Science Association Article DOIhttps://doi.org/10.1086/724189 Views: 17Total views on this site Citations: 3Citations are reported from Crossref HistoryPublished online February 28, 2023 Keywordscircuit courtsFederalist Societylegal mobilizationconservative legal movementSupreme Court© 2023 Northeastern Political Science Association. All rights reserved.PDF download Crossref reports the following articles citing this article:Alyson Cole, Robyn Marasco, and Charles Tien Buttered Bagels, Polity 55, no.22 (Mar 2023): 241–247.https://doi.org/10.1086/724222Mary Ziegler Dobbs and the Jurisprudence of Exclusion, Polity 55, no.22 (Feb 2023): 419–426.https://doi.org/10.1086/724185Susan Liebell The Politics of Law: Capricious Originalism and the Future of the Supreme Court, Polity 55, no.22 (Feb 2023): 356–362.https://doi.org/10.1086/724164

Dobbs and the Jurisprudence of Exclusion

Previous articleNext article No AccessSymposium on the Supreme CourtDobbs and the Jurisprudence of ExclusionMary ZieglerMary ZieglerUniversity of California, Davis Search for more articles by this author PDFPDF PLUSFull Text Add to favoritesDownload CitationTrack CitationsPermissionsReprints Share onFacebookTwitterLinkedInRedditEmail SectionsMoreDetailsFiguresReferencesCited by Polity Volume 55, Number 2April 2023Buttered Bagels The Journal of the Northeastern Political Science Association Article DOIhttps://doi.org/10.1086/724185 Views: 57Total views on this site Citations: 4Citations are reported from Crossref HistoryPublished online February 28, 2023 KeywordsDobbs v. Jackson Women’s Health Organizationabortionantiabortion movementabortion-rights movementSupreme Courtconstitutional neutrality© 2023 Northeastern Political Science Association. All rights reserved.PDF download Crossref reports the following articles citing this article:Alyson Cole, Robyn Marasco, and Charles Tien Buttered Bagels, Polity 55, no.22 (Mar 2023): 241–247.https://doi.org/10.1086/724222Kirsten Widner The Supreme Court and the Limits of Descriptive Representation, Polity 55, no.22 (Feb 2023): 380–388.https://doi.org/10.1086/724167Christine C. Bird and Zachary A. McGee Looking Forward: Interest Group Legal Strategy and Federalist Society Affiliation in the United States Circuit Courts of Appeal, Polity 55, no.22 (Feb 2023): 389–399.https://doi.org/10.1086/724189Susan Liebell The Politics of Law: Capricious Originalism and the Future of the Supreme Court, Polity 55, no.22 (Feb 2023): 356–362.https://doi.org/10.1086/724164

The Politics of Law: Capricious Originalism and the Future of the Supreme Court

Previous articleNext article No AccessSymposium on the Supreme CourtThe Politics of Law: Capricious Originalism and the Future of the Supreme CourtSusan LiebellSusan LiebellSaint Joseph’s University Search for more articles by this author PDFPDF PLUSFull Text Add to favoritesDownload CitationTrack CitationsPermissionsReprints Share onFacebookTwitterLinkedInRedditEmail SectionsMoreDetailsFiguresReferencesCited by Polity Volume 55, Number 2April 2023Buttered Bagels The Journal of the Northeastern Political Science Association Article DOIhttps://doi.org/10.1086/724164 Views: 37Total views on this site Citations: 3Citations are reported from Crossref HistoryPublished online February 28, 2023 KeywordsSupreme CourtoriginalismabortionSecond Amendmentrule of law© 2023 Northeastern Political Science Association. All rights reserved.PDF download Crossref reports the following articles citing this article:Alyson Cole, Robyn Marasco, and Charles Tien Buttered Bagels, Polity 55, no.22 (Mar 2023): 241–247.https://doi.org/10.1086/724222Kirsten Widner The Supreme Court and the Limits of Descriptive Representation, Polity 55, no.22 (Feb 2023): 380–388.https://doi.org/10.1086/724167Christine C. Bird and Zachary A. McGee Looking Forward: Interest Group Legal Strategy and Federalist Society Affiliation in the United States Circuit Courts of Appeal, Polity 55, no.22 (Feb 2023): 389–399.https://doi.org/10.1086/724189