Enactment Of Law Research Articles

WAKAF BERTEMPOH (MUAQQAT) SATU CADANGAN PENGIKTIRAFAN, PENGUKURAN DAN PENDEDAHAN DALAM PENYATA KEWANGAN

Waqf is one of the important instruments in Muslims economic development. Through waqf, long-term assets that generate income flows can be created and preserved. These assets clearly assist in the generation and creation of wealth. Waqf has the potential to play a significant role in poverty eradication by focusing its benefits on the poor. Most Malaysian states, as indicated in the State Administration of Islamic Law Enactment and the State Waqf Enactment, impose only on perpetuity property based on the Shafiiy school of law. However, there are certain states allowed the implementation of temporary waqf such as Johor, Terengganu, Federal Territory of Kuala Lumpur, and Sarawak. Thus, the purpose of this article is to investigate the barriers to the implementation of temperory waqf in Malaysia, as well as the financial recording. This paper also provides recommendations in the recognition, measurement and disclosure for wakafmuaqqat in the financial statements. This paper has conducted inductive and deductive methods. In this qualitative research, data has been collected by using library research, observations, and interview with some respondents related to wakaf such as Deputy Executive of State Waqf in Selangor and Waqf Manager in Yayasan Canselor University Kebangsaan Malaysia. The result of this paper shows that there are problems in terms of legislation obstacles, lack of expert manpower in managing waqf, and problem of Baitulmals administration that is inefficient and unsystematic. This paper also gives some recommendations in the recognition, measurement and disclosure for temperory waqf in the financial statements.

CRIMINAL LIABILITY FOR ONLINE SEXUAL EXPLOITATION OF CHILDREN (OSEC) CRIMES IN INDONESIA

Online Sexual Exploitation of Children (OSEC) has become a global crime in Indonesia during the COVID-19 pandemic. There are difficulties in identifying and investigating perpetrators as they have continued to use technology to enable them to abuse and exploit children, while avoiding detection. This research aims to conceptualize criminal liability for online sexual exploitation of children after the enactment of Law No. 12/2022 on sexual violence. This research method uses an empirical approach, which involves collecting data through observation, interviews, and case studies to identify legal rules, legal principles, and their application in actual cases. Data was collected from various sources including legal documents; police reports; and interviews with legal experts and law enforcers involved in handling OSEC cases. The results of the research indicated that some small-scale cases of sexual exploitation have been found in the Philippines and Thailand, such as sexual grooming, dissemination of child pornographic content, and solicitations by sexting (sending indecent images). In the Philippines, the Thomson Reuters Foundation found cases of live streaming of child sexual abuse. This research is expected to contribute to the development of more comprehensive and effective legal policies in handling online sexual exploitation of children, and increasing the awareness and competence of law enforcement in identifying, investigating and prosecuting perpetrators of OSEC.

The Role of the Supervisory Board in the Development of Sharia Cooperatives in Aceh After the Enactment of the Sharia Financial Institutions Law

The Role of the Supervisory Board in the Development of Sharia Cooperatives in Aceh After the Enactment of the Sharia Financial Institutions Law

TEACHER EDUCATION IN CHALLENGING TIMES. A COMPARATIVE AND TRANSFORMATIVE APPROACH TO THE AUSTRIAN AND UKRAINIAN TEACHER EDUCATION REFORMS

The article provides a comprehensive analysis of the challenges and reforms in teacher education in Ukraine, drawing comparisons with the Austrian experience, contextualizing the need for reforms in Ukraine's education system within the country's pursuit of European Union membership. Emphasizing the pivotal role of teacher education in driving these reforms, the article analyzes the challenges of teacher education in Ukraine such as inadequate teacher remuneration, outdated pedagogical methods used, and a lack of financial support. Thus, the authors state the urgency of modernizing the teacher education system. To summarize of teacher education in Austria, corresponding solutions are proposed, including individualized approaches and rigorous selection processes with the reference to Austria's experience with aptitude tests. Furthermore, the article outlines education reforms in Ukraine, including the passage of laws aimed at aligning higher education with European standards. It analyzes measures such as interdisciplinary programs, distance learning, and increased university autonomy, designed to enhance student autonomy and the quality of education. By comparing these efforts with Austria's initiatives, such as the implementation of the Bologna Process and attempts to make teacher education more attractive, the researchers offer insights into common challenges faced by education systems globally.

Agroecological Pathways of Family Farmers in Northern Uruguay

In Uruguay, to address the socio-environmental problems generated by the production model resulting from the Green Revolution, several civil society organizations promoted the creation of a National Agroecology Plan (NAP) in 2015. The enactment of Law No.19.717, declaring a general interest and establishing a National Honorary Commission and a National Plan for the Promotion of Production with Agroecological Bases, along with recent calls from the “Senda Agroecológica” initiative, provide a favorable scenario to envision new production systems with agroecological foundations and pose a challenge for agronomic research. Despite this law defining family farmers as its main beneficiaries and the majority being livestock producers, there are few studies on the role of their technical and organizational practices in agroecological transition and the definition of agroecology. To contribute to filling this gap, the research aimed to identify the role of these practices, both individually and collectively, in defining agroecology and its trajectory. A theoretical framework and methodology were developed to analyze the practices and strategies of family livestock farmers and their relationships with technicians. Situations of change were identified, such as tick biological control and natural field management, through interviews and group work with farmers and technicians. Agroecological transition trajectories were analyzed, considering the role of territories in coordinating actions among diverse actors and establishing new identities and action devices, such as public policies and institutional projects. Results at both individual and collective levels indicate multiple transition paths, dependent on the specific situation of farms and projects. The analyzed cases reveal diversity in transitions without any prevailing. The challenge lies in turning these transformations into drivers of processes towards a strong agroecology, requiring support, assistance and guidance actions in the implementation of public policies.

Traditional Chinese marriage after the enactment of the marriage law in Indonesia (Study on the Chinese community of Cirebon City)

Indonesia is a multi-ethnic country with a diversity of tribes and cultures that are still preserved and implemented, one of which is the Chinese ethnic culture. There have been cross-country and different religious marriages that were not previously registered in the Civil Registry and then registered, but there are still many misconducts due to ignorance and lack of socialization by the more intensive government, which has resulted in children born to become illegitimate children. The actual circumstances make it difficult for a portion of the ethnic Chinese majority to obtain the legality of their birth certificates, which will affect their future lives. This research method uses empirical jurisprudence with a qualitative approach, so it aims to provide a deeper insight into changes and adaptations in Chinese ethnic marriage institutions after the implementation of national marriage law regulation. Thus, the settlement measure taken after the entry into force of Law No. 1 of 1974 on Marriage in a customaryly married couple, giving birth to an out-of-marriage child by an act on behalf of the mother, which if it is to be authenticated as the child of the father and mother, requires a court decision.

Extrajudicial Killings over the Drug War in the Philippines under the ICC Jurisdiction

Extrajudicial killings in the Philippines have escalated, resulting in severe human rights violations exacerbated by the enforcement of drug war policies, which have led to numerous deaths without due legal process. These killings constitute serious crimes falling within the jurisdiction of the International Criminal Court (ICC). This paper examines how the ICC can serve as an international mechanism for addressing extrajudicial executions in the Philippines' drug war. Employing normative legal research methodology, the study utilizes legal sources focused on normative law as primary data. The ICC, functioning as a permanent court, is mandated to prosecute individuals responsible for international crimes under the Rome Statute. The findings confirm that extrajudicial killings in the Philippines qualify as international crimes, thus within the ICC's purview. Consequently, the ICC's involvement should not be construed as a challenge to national sovereignty but rather as a catalyst for strengthening global criminal justice frameworks. By holding perpetrators accountable, the ICC can stimulate the development of national criminal justice systems worldwide and encourage the enactment of domestic laws addressing egregious human rights violations and breaches of international humanitarian law. This role underscores the ICC's mission to promote universal ideals and ensure justice for victims of grave international offenses.

The Principle of Protecting the Best Interests of the Child in Vietnamese Divorce Law

Divorce can have adverse effects on children in many ways, which has been extensively studied and demonstrated in scientific literatureworldwide. Therefore, policymakers around the world, including Vietnam, have incorporated the principle of protecting the best interests of the child into their approach to addressing issues related to children during the process of their parents' divorce.This incorporation aims to reduce the negative impact of divorce on children and create a favorable environment for their comprehensive development. This article approaches the subject from the perspective of children's rights. Its objective is to introduce the application of the principle of safeguarding the best interests of children in the enactment and enforcement of divorce laws in Vietnam. It focuses on aspects such as determining the custodial parent, child visitation, child support, and changing the custodial parent

간호대학생의 간호법 제정에 대한 인식

Objectives The purpose of this study was to identify the perceptions and types of nursing students' nursing law enactment through a Q methodological approach, and to analyze the characteristics of each type. Through this, an attempt was made to help nursing students understand the enactment of nursing laws correctly and to provide basic data for suggesting the direction of nursing education. Methods In order to construct the method Q population, a written interview contents of nursing students' perceptions of nursing law enactment and a literature review related to nursing law enactment were conducted. Based on the results derived through this, the Q population was constructed, and a total of 34 Q sample statements were derived through the process of organizing statements with unclear or overlapping meanings. The Q sample statements were classified by the Q principle, which forced 45 nursing students to classify them in the normal distribution table on a 9-point scale, and the final collected Q classification responses were coded as numbers and analyzed using the pc-QUANL program. Results As a result of the study, five types of perceptions of nursing students about the enactment of nursing laws were identified. The first type was ‘guaranteed follow-up procedures of nursing law’, the second type was ‘wanted to guarantee nursing expertise in nursing law’, the third type was ‘cognition type of difficulty in enacting nursing law’, the fourth type was ‘a smooth resolution wish type’, and the fifth type was ‘confirmation type of the purpose of legislation of nursing law’. Conclusions Based on the results of this study, it is expected that it will serve as a basic data for suggesting the direction of nursing education that helps nursing students understand the enactment of nursing laws correctly, pays attention to the legislative purpose and content of nursing laws as a prospective nurse, and helps them recognize them clearly. Furthermore, it is thought that it can be used as basic data for future nursing policy activities.

ANALISIS HUKUM ISLAM DALAM PERKARA KUMULASI ISBAT NIKAH DAN CERAI GUGAT (STUDI PUTUSAN NOMOR: 0369/PDT.G/2021/PA.BKS.)

The enactment of Law No. 1 of 1974 concerning Marriage and all its requirements has led to new issues, including "Nikah Siri." Nikah Siri refers to a marriage conducted secretly or, in other words, a marriage not registered according to the provisions of the Marriage Law. An exciting provision to examine in Law No. 1 of 1974 is Article 2, paragraph (2): "Every marriage shall be registered according to the applicable laws and regulations." However, this law still leaves room for debate because many married people still need to register their marriages with the Marriage Registrar (PPN) at the Office of Religious Affairs. In the decision 0369/Pdt.G/2021/PA.Bks, the Plaintiff filed for the legalization of Marriage to proceed with a divorce from the Defendant. From the perspective of Islamic Law, this legalization is based on the principle of "mashlahah mursalah," meaning for the common good. Meanwhile, the divorce is considered for the mutual benefit of both parties. This study examines the decision of the Bekasi Religious Court, focusing on the cumulative case of marriage legalization and divorce suit Number 0369/Pdt.G/2021/PA.Bks. In this decision, the Bekasi Religious Court's Panel of Judges granted the request for marriage legalization and divorce suit because the Marriage fulfilled Islamic legal requirements and there were no obstacles to Marriage or divorce according to Law No. 1 of 1974 in conjunction with amended Law No. 16 of 2019. The judges' effort in granting marriage legalization is considered a form of leniency (rukhsah) while granting the divorce is for both parties benefit.

Al-Fatani's Perspectives on Islamic Family Law: Insights from Hidayah Al-Muta’allim Wa’Umdah Al-Muta’alim

The evolution of Islamic Family Law in Malaysia is a nuanced amalgamation of Malay customs, cultural influences, and Islamic jurisprudence. Rooted in the history of Malaya, the formation of current Islamic Family Law reflects the fusion of these elements. This study delves into Daud Abdullah Al-Fatani's seminal work Hidayah Al-Muta’allim Wa’Umdah Al-Muta’alim, a pivotal contribution to Malaysian Islamic jurisprudence. Comparing Al-Fatani's insights with those of scholars from diverse schools of thought and contemporary Islamic Family Law enactments, the focus remains on key issues such as Zihār, Khiyar, and Nusyuz. The study reveals that Al-Fatani's perspectives transcend strict adherence to the Al-Shafi‘i school, while aligning with the Islamic Family Law (Federal Territories) Act 1984. His views on marriage dissolution and wife’s disobedience are influenced by Malay culture, while maintaining fidelity to the Qur’ān and Sunnah exemplified by his stance on Zihār. This resonates in Malaysia's current Islamic Family Law which is not rigidly bound to the Al-Shafi‘i school but intricately considers cultural conditions.

PENGGUNAAN TEKNIK DIVERSI DALAM PROSES PERADILAN PIDANA ANAK

This research aims to annotate the application of diversion in Decision Number 7/Pid/ Sus.Anak/2019/PN Jap. In this decision, the child was sentenced to imprisonment for 4 (four) months, while the Public Prosecutor (JPU) as law enforcer was obliged to carry out diversion. "How diversion efforts should have been carried out but the facts of the decision did not appear." So it is necessary to carry out legal research as to why the decision did not use diversion first. The enactment of Law No. 11 of 2012 concerning the Juvenile Criminal Justice System (SPPA Law) marks a significant step towards providing special protection for children in conflict with the law. In this research, the focus lies on children in conflict with the law. The primary aim of this law is to enhance the regulation of the juvenile criminal justice system, ensuring better treatment and outcomes for children involved in legal conflicts. Legal protection for children is needed so that children receive attention from errors in the application of statutory regulations, which cause physical, mental and social harm. The aim of this research is to discover, describe (describe), and analyze the application of the diversion method in resolving criminal cases by children studying decision number 7/pid/sus.anak/2019/pn jap.

The Italian law 219/2017: informed consent and advance directives. When the patient-doctor communication time is law, but it is forgotten

The Italian law 217/2019 on "Informed consent and advance directives" is an important step forward in the redefinition of patient-doctor relationships. The law points out the principles of the decisional autonomy and freedom of the patient to choose the treatment options. However, it is underestimated and largely unapplied by the Italian cardiologists. The main elements of patient-doctor communication are present in the law. The most important is the time devoted to the patient-doctor relationship, necessary to ease the disease awareness. This time is clearly emphasized in the law, but the healthcare institutions did not arrange for the appropriate organizational procedures. Through the advance directives (ADs) the patients may express their own wishes about healthcare treatments, as well as their consent or refusal regarding the diagnostic or therapeutical doctors' suggestions, allowing their respect in case they become incompetent. This right is supported by the patients' designation of a healthcare proxy, who can interact for them with the healthcare team. However, after 6 years since the law enactment, only 0.4% of the Italian citizens signed ADs, due to insufficient information and organization by the healthcare authorities. In the Law, the advance care planning is closely related to ADs. In this process, the adults can understand and share their personal values, life goals and preferences, in order to define the potential future medical care and to discuss all the issues with family and physicians. These processes can be integrated in a broader shared decision-making, a strong tool of the patient-doctor alliance.

Mitigating risk-shifting in corporate pension plans: Evidence from stakeholder constituency statutes

We use staggered enactments of state stakeholder constituency laws as a natural experiment to examine the effect of such laws on corporate pension risk shifting. Our analysis encompasses three components of pension risk shifting: funding risk, investment risk, and benefit risk. We observe a reduction in all three elements of pension risk shifting following the enactment of stakeholder orientation laws that promote greater consideration of stakeholder interests. We also find that the post-enactment reduction in pension risk-shifting is greater for firms with fewer investment opportunities. Overall, our results provide insight into how stakeholder constituency can mitigate an important form of risk-shifting.

Child Marriage Discourse According to al-Qaradawi’s Fiqh Methodology

The polemic on the issue of child marriage has not only been debated among human rights groups in recent decades but has also been included in the discourse of contemporary Muslim scholars. Yusuf al-Qaradawi is a contemporary scholar who is responsive in discussing issues of women and girls that concern the international community, including child marriage. This article explores issue of child marriage from al-Qaradawi’s fiqh methodology, which offers solutions to contemporary societal issues according to the Islamic legal framework. Qualitative methods through a content analysis were used in al-Qaradawi’s work on Islamic law and child marriage. This article shows that al-Qaradawi’s position on the issue of child marriage is centred on the priority of protecting children’s rights from harmful traditional practices based on the Siyasah al-Shar’iyya. The government should adopt al-Qaradawi’s point of view to reforming the Islamic Family Law Enactment to protect the child’s best interest from this harmful practice.

Demographic characteristics and trends of cell phone use while driving citations in selected states in the United States, 2010–2020

Objective Distracted driving is a leading cause of motor vehicle crashes, and cell phone use is a major source of in-vehicle distraction. Many states in the United States have enacted cell phone use laws to regulate drivers’ cell phone use behavior to enhance traffic safety. Numerous studies have examined the effects of such laws on drivers’ cell phone use behavior based on self-reported and roadside observational data. However, little was known about who actually violated the laws at the enforcement level. This study sought to uncover the demographic characteristics of drivers cited for cell phone use while driving and whether these characteristics changed over time since the enactment of cell phone laws. Methods We acquired useable traffic citation data for 7 states in the United States from 2010 to 2020 and performed descriptive and regression analyses. Results Male drivers were cited more for cell phone use while driving. Handheld and texting bans were associated with a greater proportion of cited drivers aged 40 and above, compared to texting-only bans. Trends in the citations issued based on drivers’ age group following the enactment of different cell phone laws were also uncovered. The proportion of citations issued to drivers aged 60 and above increased over time but the temporal trend remained insignificant when population effect was considered. Conclusions This study examined the demographic characteristics of drivers cited for cell phone use while driving in selected states with texting-only bans or handheld and texting bans. The results reveal policy-based differences in trends in the proportion of citations issued to drivers in different age groups.

CHALLENGES CONFRONTING VIGILANTE GROUPS IN EFFECTIVE CRIME CONTROL IN BENUE STATE, NIGERIA

Vigilante groups’ contributions to crime control are invaluable. However, the activities of vigilante groups have faced operational and institutional challenges. These challenges have negatively affected the operations of vigilante groups in crime control in Benue State. The study investigated the challenges of vigilante groups in crime control in Benue State with a view to suggesting ways of curbing those challenges for enhanced effectiveness of vigilante groups in Benue State. Three Local Government Areas – Katsina-Ala, Makurdi, and Oturkpo, were selected across the three Senatorial districts in Benue State for the study. The population of the study comprised vigilante operatives, religious leaders, traditional rulers and members of the public. The study adopted a survey design. Questionnaire and in-depth interview (IDI) were used to generate data from 367 respondents using the Taro Yamane sample size determination formula. Simple random sampling and purposive sampling were deployed for the selection of respondents and interviewees. Twelve interview sessions were conducted across the sampled Local Government Areas. The quantitative data were presented in frequency and percentages while qualitative data were presented in narrative form. The study identified lack of logistics, shortage of crime fighting equipment, absence of enabling legal instrument for the operation of vigilante groups, human rights violation, corruption, insufficient training among vigilantes and vested interests, as the challenges of vigilante group in the study area. The study recommends the enactment of laws recognizing vigilante groups; provision of needed crime fighting equipment by stakeholders; adequate funding, provision of logistic support as well as proper training and reorientation of vigilante operatives to respect the fundamental human rights of suspects.

Why Should the Role of the House of Representatives in Monitoring and Review Local Regulations Be Strengthened?

The enactment of Law No. 15 of 2019, which established the Post-Legislative Scrutiny (PLS) institution, marked a pivotal shift in the formation of laws and regulations (PUU) in Indonesia. This legislation ushered in a comprehensive cycle for PPU, fundamentally altering the landscape of legislative processes. Despite this progress, a prevailing assumption persists that the PLS mechanism is solely within the purview of the People's Representative Council (DPR) concerning national laws, while oversight of Regional Regulations (Perda) falls under the authority of the Regional People's Representative Council (DPRD), with limited discourse on the latter's role in academic circles. This study endeavors to elucidate the theoretical underpinnings of PLS within international parliamentary frameworks, analyze the regulatory framework of PLS Perda as delineated in Law No. 23/2014 and PP No. 12/2018, scrutinize its implementation in Provincial DPRD Rules of Procedure, and advocate for bolstering the DPRD's role in conducting PLS Perda. Findings reveal a lexicon of PLS terminology within Indonesian legislative context, alongside a bifurcation of PLS Perda oversight between the DPD and DPRD. Alarmingly, a staggering majority (93.10%) of Provincial DPRDs nationwide have yet to formalize PLS procedures in their Rules of Procedure, with only the DIY Provincial DPRD demonstrating comprehensive implementation among the 34 surveyed. The imperatives for empowering DPRD's Bapemperda include evaluating Regional Regulations' efficacy, fostering legal coherence, preempting discriminatory legislation, enhancing legislative quality through experiential learning, and resolving the institutional dualism between DPD and DPRD in PLS Perda oversight. These measures not only fortify legislative processes but also mitigate jurisdictional ambiguities, ensuring robust governance at both national and regional levels.

UNDERSTANDING SOLE PROPRIETORSHIP UNDER THE JOB CREATION LAW: A LEGAL HERMENEUTICS PERSPECTIVE

The issue of tender offers has gained prominence due to several high-profile cases involving the takeover of public companies, which have led to significant losses for shareholders, particularly public shareholders. The regulatory framework governing takeovers and tender offers is primarily established by Law No. 8 of 1995 concerning the Capital Market and Government Regulation No. 27 of 1998. The enactment of Law No. 21 of 2011 concerning the Financial Services Authority (OJK) in 2011 marked a significant shift in regulatory oversight, transferring authority over macroeconomic matters, including takeovers and tender offers, from Bank Indonesia to OJK. A notable example is the 2020 takeover of PT Garudafood Putra Putri Jaya Tbk. of PT Mulia Boga Raya Tbk. This study seeks to analyze the regulatory arrangements for tender offers in Indonesia and evaluate the impact of such takeovers on the public companies involved. The research employs normative legal research methodologies with a statutory approach, utilizing both primary and secondary legal materials.

Between lookism and bodily capital: Understanding female personal trainers’ appearance in occupational socialization

Witnessing that the appearance of female trainers has been regarded as a potential cause of appearance-based discrimination and a source of bodily capital, this study examined the influence of female trainers’ appearance on the process of occupational socialization. We invited eight research participants for in-depth interviews, including female trainers, Pilates instructors, and male fitness center owners with training experience. We followed the grounded theory analysis method to derive meaningful insights from the collected data. The results indicate that the physical appearance of female trainers had various effects on their perceived value as bodily capital during the preparatory and adaptation periods. However, it became a constraining factor during the conflict period as they experienced bodily changes in their late 20s. Eventually, their physical appearance hindered female trainers from maintaining their careers and decreased the percentage of female trainers who reached maturity period. Ultimately, the culture of lookism had a mixed impact on women's occupational socialization, revealing its discriminatory undertones. Although some women profited from the culture, lookism disadvantaged others. Finally, we suggested that a possible solution would be the enactment of the anti-discrimination law for better protection.