Journal of Law and Legal Reform

The Importance of Geographical Indication Registration for Traditional Knowledge

Nurul Muflihah — Fri, 15 Dec 2023 00:00:00 +0700

Intellectual property rights are rights to property created by human intellectual abilities. One of the intellectual works is traditional knowledge. Traditional knowledge is intellectual work that contains elements of traditional heritage characteristics that are produced, developed, and maintained by a particular community or society. Traditional knowledge needs to be protected through intellectual property rights in the form of geographical indications. The purpose of this study was to determine the characteristics of geographical indications and the importance of registering geographical indications of traditional knowledge. The method used is qualitative with a normative juridical approach. The results showed that traditional knowledge can be registered if it meets the criteria of geographical indications. The protection of traditional knowledge through geographical indication is very important. The importance of protecting knowledge through indications including international recognition so that it is not claimed, recognizing communal ownership following the characteristics of traditional knowledge, and providing economic benefits and sustainability of traditional knowledge.

Examining Legal Framework Governing Oil and Gas Revenue in Tanzania: Present and Future Challenges

Liberatus Cosmas Gabagambi, Evaristo Emmanuel Longopa — Fri, 15 Dec 2023 00:00:00 +0700

This study examines the legal framework for governing oil and gas resources revenues in Tanzania. The governance of oil and gas revenues has been a challenging among various producing countries. The study has analysed the laws and policies that guides the governance of oil and gas revenues. The study findings show that the governance of oil and gas revenues faces several challenges such as: separate laws and institutions governing oil and gas resources, lack of a clear system on sharing of revenues between the two governments, lack of unified oil and gas fund for the union government, limited openness and transparency and lack of coordination clarity among governing institutions. The study recommends for the need on legislative reforms in terms of amendments of laws, establishment of a coordinating unit among institutions, harmonization of governing laws and promote transparency and accountability in the collection and use of oil and gas revenues.

Reconstructing Economic Self-Determination from the Third World Approach to International Law

M. Ya'kub Aiyub Kadir — Fri, 15 Dec 2023 00:00:00 +0700

International Law governing the relationship between states has been considered failed in reformatting the principle of economic self-determination (ESD) as a continual link of political self-determination in the post decolonisation era. Such situation has placed the principle to be a vague concept in terms of its meaning and application in current international law. Such situation has contributed to continual economic dependency of the Third World (TW) states on the first world as considered the more developed states. TW states face difficulty to develop their argument to demonstrate people national interest in current international economic context. Having utilised doctrinal and TWAIL approach, this paper argues that there has been a potential meaning of ESD which can be developed from fragmentation of documents in international law, particularly in the United Nations General Assembly Resolutions (UNGA resolutions), the Law of State Succession and the International Human Rights law. This meaning then shapes the fragmented sources to be a principle for TW to be used in their international economic relation, particularly in settling economic dispute relations with Western states

Role of Judicial Intervention in Supporting Arab Arbitration Laws: An Analysis of Judicial Intervention in the Arab World

Azab Alaziz Alhashemi — Fri, 15 Dec 2023 00:00:00 +0700

Arbitration is a process to handle any dispute independently subjecting to many parties' perception and their consent. Procedural practices of arbitration and rulings are exponentially increasing in the domain of international and commercial sectors. Several huge corporate dealings are binding under the contract of arbitration. The study aims to determine the arbitration law practices in the Arab world with the amendments discussed between the previously stated arbitration law and newly transformed arbitration legislation. Moreover, this research study also explores different interchanges based on the conceptual practices of both arbitrations in the commercial and international sectors. This research paper is based on the methodology of systemic review embedded with the comparative analysis. The integration of the analysis provides relatable instances and cases where the arbitration practices are conducted under the ruling of arbitration laws and judicial to conduct the proceedings with higher efficiency and accuracy. The intervention of judicial regulation in the tribunals of the arbitration constructs enforceable tactics for the consistency of arbitrational practices. The study paper summarizes and provides clarity for future researchers to conduct their research studies in the domain of judicial intervention in arbitration laws and specific case studies in the Arab world that are being handled under the rulings of new arbitration laws of international and commercial sectors.

Pancasila Values in the New Indonesian Criminal Code: Does the Code More Humanist?

Fri, 15 Dec 2023 00:00:00 +0700

The impending implementation of the new Indonesian Criminal Code has sparked significant debates regarding its alignment with the nation's philosophical foundation, Pancasila. This abstract scrutinizes the incorporation of Pancasila values into the revised criminal code, focusing on its potential impact on human rights and humanitarian principles. Pancasila, as Indonesia's foundational philosophy, emphasizes principles such as social justice, democracy, and the dignity of all individuals. This paper examines whether the new criminal code upholds these values or deviates from them, particularly in areas concerning individual freedoms, minority rights, and due process. Through a comprehensive analysis of key provisions in the new criminal code, the study identifies potential challenges and opportunities for aligning the legal framework with Pancasila's humanistic principles. Special attention is given to areas such as blasphemy laws, restrictions on free expression, and the treatment of marginalized communities. The research draws on legal texts, case studies, and comparative analyses to evaluate the degree to which the new criminal code promotes a more humanistic approach. Additionally, the paper explores the implications of any identified discrepancies between the legal framework and Pancasila values for Indonesia's commitment to international human rights standards. The findings contribute to ongoing discussions on legal reforms in Indonesia and provide insights into the delicate balance between preserving cultural values and ensuring the protection of individual liberties. By addressing the question of whether the new criminal code leans towards a more humanistic perspective, this study aims to inform policymakers, legal scholars, and human rights advocates on potential areas for improvement in the pursuit of a just and equitable legal system.

Law Reform in Corporate Criminalization in Environmental Damage Cases in Indonesia

Fri, 15 Dec 2023 00:00:00 +0700

Environmental damage caused by corporate activities has become a pressing global concern, necessitating a reevaluation of legal frameworks to address the intricate challenges associated with corporate criminalization. This abstract focuses on the need for law reform in Indonesia concerning corporate criminalization in environmental damage cases. The current legal landscape in Indonesia exhibits gaps and inadequacies in effectively holding corporations accountable for environmental offenses. This paper explores the deficiencies in existing laws, including inconsistencies, limited penalties, and enforcement challenges. Additionally, it analyzes international best practices in corporate environmental liability to provide a comparative perspective. Proposed reforms involve enhancing regulatory frameworks, increasing penalties for environmental violations, and improving enforcement mechanisms. The paper suggests the incorporation of principles such as corporate social responsibility and strict liability to ensure that corporations bear the consequences of their environmental actions. Furthermore, the exploration of alternative dispute resolution mechanisms and collaborative approaches between government agencies, civil society, and corporations is recommended for fostering a more holistic and effective regulatory environment. The study relies on a comprehensive review of existing legislation, case studies, and relevant literature on corporate criminalization and environmental law. The proposed reforms aim to strike a balance between encouraging sustainable corporate practices and ensuring swift, effective legal consequences for environmental wrongdoing. Ultimately, this paper contributes to the ongoing discourse on the necessity of law reform in corporate criminalization, offering insights tailored to the specific context of Indonesia's environmental challenges.