scholarly journals Analysis of the Legal Framework Governing Gas Flaring in Nigeria’s Upstream Petroleum Sector and the Need for Overhauling

2020 ◽  
Vol 9 (8) ◽  
pp. 132 ◽  
Author(s):  
Olusola Joshua Olujobi
Keyword(s):  
Research Method ◽  
Critical Factor ◽  
Legal Framework ◽  
High Rate ◽  
Comparative Approach ◽  
Negative Consequences ◽  
Legal Research ◽  
Gas Flaring ◽  
The Government

Nigeria is rated the number one producer of crude oil in Africa. Still, oil exploration activities have resulted in a high rate of gas flaring due to weak enforcement of the anti-gas flaring laws by the regulatory authorities. Associated natural gas is generated from oil production, and it is burnt in large volumes, thereby leading to the emission of greenhouse gases and waste of natural resources which could have generated billions of dollars for the Federal Government of Nigeria. There are concerns that if nothing is done to curtail this menace, humans and the environment will be imperiled due to its negative consequences. There is therefore a need to decrease gas flaring by replicating the strategies applied in the selected case study countries to combat the menace. It is relevant to carry out this analysis to reduce greenhouse gas emissions in the oil industry for the sustainability of the energy sector and to generate more revenues for the government. This study provides guidelines for legislatures on suitable approaches to adopt for formulating an anti-flaring legal framework. The study is a comparative analysis of national legal regimes on gas flaring in Nigeria, Canada, the United Kingdom, Saudi Arabia, and Norway. The study adopts a doctrinal legal research method, a point-by-point comparative approach with a library-based legal research method. The study finds that weak enforcement of laws is a critical factor responsible for the menace. It recommends the use of more advanced technologies, a sophisticated mixture of regulations and non-regulatory incentives such as fiscal policies and gas market restructuring, and proffers further suggestions based on the lessons learnt from the selected case study countries.

scholarly journals THE LEGAL CONSEQUENCES OF INCOMPLETE BUILDING LICENSE TO THE SALES AND PURCHASE AGREEMENT OF APARTMENTS (CASE STUDY OF MEIKARTA’S INCOMPLETE BUILDING LICENSE)

2017 ◽  
Vol 1 (1) ◽  
Author(s):  
Sujana Donandi S
Keyword(s):  
Research Method ◽  
Legal Research ◽  
The Government ◽  
Legal Consequences

The construction of Meikarta, a place which is claimed as The New Jakartaon an Approximately 500 acres (ha) land has attracted public attention.There have been 117.797 reservation for apartments unit of Meikarta.However, the rejection from the government due to the incomplete buildinglicense of Meikarta has caused 2 main problems regarding the validity of theagreement of the apartment and its legal consequences caused by theincomplete building license. The purpose of this research are to examine thelegal validity of sales and purchase agreement of apartment which itsconstructing license is incomplete and To determine and describe the legalconsequences of it. This research will be conducted using normative legalresearch method. Normative Legal Research Method is a legal researchconducted by examining literacy sources or secondary sources.An Agreementof an apartment like Meikarta which its building license incomplete is nulland void.The status of an agreement that is null and void brings legalconsequences for each parties to restore themselves to the previous positionbefore the agreement was conducted, so that each parties should return backright of other party and vice versa.

scholarly journals The Need for Online Jobs in Covid-19 Pandemic: A Case Study of Cyber Regulatory Arrangement for a Legal Job

Webology ◽  
2021 ◽  
Vol 18 (Special Issue 04) ◽  
pp. 980-992
Author(s):  
Cheung Joan Karmel Toryanto ◽  
Yuna nto ◽  
Mujiono Hafidh Prasetyo
Keyword(s):  
Research Method ◽  
Large Scale ◽  
Legal Research ◽  
Social Distancing ◽  
The World ◽  
Social Restriction ◽  
The Government ◽  
High Technologies

The world is now facing a novel pandemic caused by Covid-19, prompting countries, including Indonesia to take steps to contain gushing numbers of Covid-19 cases. The pillar of Indonesia’s response is enforcing a Large-Scale Social Restriction (LSSR) to minimize physical contacts in society, one of them through closing down schools and workplaces. Notary, as a member of society, is also obliged to maintain this social distancing policy and minimize meetings with clients physicaly. Such means is possible through Cyber Notary Concept, a concept where notaries do their jobs using various high technologies, including internet. Indonesian Regulation has mentioned this concept once in the Indoensian Notary Codes, but no further regulation follows to execute this concept. Author will be using the normative legal research method for this paper. This reasearch is aiming is to study the urgenciesof forming regulations regarding the practice of Cyber Notary to prop up the government in the attempt of surpressing the escalating numbers of those who are infected by the virus. Cyber Notary is one effective way to decrease physical contacts between notaries and their clients, because this kind of activities could be done with the technology of ellectronics, therefore following regulation is desperately needed.

scholarly journals Akses Karya Cipta Audiobook Bagi Disabilitas Netra : Perspektif HAM

Acta Comitas ◽  
2019 ◽  
Vol 4 (3) ◽  
pp. 433
Author(s):  
Bagus Gede Ari Rama Bagus Gede Ari Rama ◽  
Ni Ketut Supasti Dharmawan
Keyword(s):  
Research Method ◽  
Government Regulation ◽  
Legal Protection ◽  
People With Disabilities ◽  
Comparative Approach ◽  
Blind People ◽  
Legal Certainty ◽  
Legal Research

Audiobook access for people with disabilities is very important. Access is the convenience that people get from a service. This study aims to analyze the legal certainty and legal protection of audiobook copyright access for blind people with disabilities. This study uses a normative legal research method with a statutory approach and comparative approach. This research found that access to audiobooks' works has been regulated in the Marrakech Treaty, Copyright Act Number 28 of 2014 and Government Regulation Number 27 of 2019. Akses karya cipta audiobook bagi disabilitas sangat penting. Aksesibilitas merupakan kemudahan yang didapat oleh orang terhadap suatu layanan. Penelitian ini bertujuan untuk menganalisis kepastian hukum serta perlindungan hukum akses karya cipta audiobook bagi disabilitas tuna netra. Penelitian ini menggunakan metode penelitian hukum normatif dengan pendekatan perundang-undangan dan pendekatan komparatif. Dalam penelitian ini menemukan bahwa akses karya cipta audiobook telah diatur dalam Traktat Marrakesh, UUHC 2014 serta Peraturan Pemerintah Nomor 27 Tahun 2019.

scholarly journals The Position of Constitutional Complaint in the Constitutional Court of the Republic of Indonesia

2021 ◽  
Vol 2 (1) ◽  
pp. 61-78
Author(s):  
Agsel Awanisa ◽  
Yusdianto Yusdianto ◽  
Siti Khoiriah
Keyword(s):  
South Africa ◽  
South Korea ◽  
Judicial Review ◽  
Research Method ◽  
Comparative Approach ◽  
Constitutional Court ◽  
Legal Research ◽  
Conceptual Approach ◽  
The Republic ◽  
Case Number

The purpose of this research is to determine the constitutional complaint mechanism based on comparisons in other countries, practices, and adaptation of constitutional complaints under the authority of the Constitutional Court of the Republic of Indonesia. Many cases with constitutional complaint substance have been submitted to the Constitutional Court of the Republic of Indonesia even though they don’t have this authority. This research uses a normative legal research method using a statutory approach, a conceptual approach, a comparative approach, and a case approach. This research indicates that the constitutional complaint mechanism in Germany, South Korea, and South Africa has been well implemented. In practice, cases with constitutional complaint substance are filed to the Constitutional Court of the Republic of Indonesia by changing the form by using the legal means of a judicial review, such as case number 16/PUU-VI/ 2008, case number 140/PUU-XIII/2015 and case number 102/PUU-VII/2009. Due to the consideration of the structure, substance, and culture of law, adaptation of constitutional complaint within the authority of the Constitutional Court of the Republic of Indonesia needs to be carried out by amending Law Number 24 of 2003 jo. Law Number 7 of 2020 concerning the Constitutional Court.

scholarly journals Problematika Hak Kekayaan Intelektual Di Bidang Merek Bagi Pelaku Usaha Mikro Kecil Menegah

2021 ◽  
Vol 5 (2) ◽  
pp. 42-56
Author(s):  
Zulfikri Toguan
Keyword(s):  
Intellectual Property Rights ◽  
Research Method ◽  
Community Organization ◽  
Legal Protection ◽  
Geographical Indications ◽  
Legal Research ◽  
Protection Measures ◽  
Library Research ◽  
Trademark Registration ◽  
The Government

Legal protection for a mark of a place or origin of MSMEs can be done by first registering the mark to obtain legal force. In this case the Office/Agency/Community Organization assists by facilitating MSMEs in terms of socialization and assistance for trademark registration. Law Number 20 of 2016 concerning Marks and Geographical Indications provides improvements to previous laws, especially regarding preventive protection measures, namely registration procedures and registration fees. Brands produced by Indonesian MSMEs can help increase competitiveness in the development of new products. This research is normative or library research method, namely legal research carried out by reviewing and researching library materials in the form of primary legal materials and secondary legal materials. This study concludes: First, the problems in the protection of intellectual property rights in the field of branding for MSME products are due to the understanding of MSME actors on brand rights is still low/shallow so that MSME actors do not register the brand of MSME products. Second, efforts to provide brand protection to the MSME industry are by registering MSME brands and the government makes it easy for MSME industry players to register trademarks.

scholarly journals Perlindungan Konsumen atas Pencabutan Izin Usaha BPR oleh Otoritas Jasa Keuangan

2021 ◽  
Vol 23 (1) ◽  
pp. 57
Author(s):  
Asri Elies Alamanda ◽  
Darminto Hartono
Keyword(s):  
Research Method ◽  
Deposit Insurance ◽  
Legal Protection ◽  
Legal Research ◽  
Central Java ◽  
The Government ◽  
Special Region

The revocation of the Rural Bank (BPR) business license is inseparable from the function of the OJK in fostering and supervising the BPR. This study used an empirical legal research method, namely research was conducted at OJK Regional 3 Central Java and Yogyakarta Special Region. The results indicate that there are 2 legal protections provided by the government to depositors of funds, namely preventive and repressive legal protection. Preventive legal protection has the character of preventing problems, including the application of the principles of confidentiality and prudence. Meanwhile, the repressive legal protection that functions to resolve disputes that arise is the Deposit Insurance Corporation (LPS). Then the factors that cause the revocation of the BPR's business license are factors that come from internal BPRs that cannot manage the BPR properly. The revocation of the RB's business license was caused by 2 things, namely the revocation of the business license at the request of the shareholders and the revocation of the business license because the rescue efforts carried out did not bear fruit.

scholarly journals Penyelesaian Sengketa Transaksi Bisnis Elektronik Commerce Melalui Internet

2021 ◽  
Vol 2 (2) ◽  
pp. 218-222
Author(s):  
Anak Agung Bagus Sempidi Junior ◽  
Anak Agung Sagung Laksmi Dewi ◽  
Desak Gde Dwi Arini
Keyword(s):  
Information Technology ◽  
Electronic Commerce ◽  
Cultural Values ◽  
Research Method ◽  
Legal Protection ◽  
Legal Research ◽  
Legal Rules ◽  
Business Transactions ◽  
The Government ◽  
Settlement Of Disputes

Development of information technology through legal infrastructure and its regulation so that the use of Information Technology is carried out safely to prevent its misuse by taking into account the religious and socio-cultural values of the Indonesian people. . The research method uses normative legal research and problem approaches using statutory and conceptual approaches. The results of the study show that consumer legal protection in online Electronic Commerce business transactions is regulated through online sale and purchase agreements based on conventional formal and material terms accompanied by buying and selling transactions carried out electronically through computer media. Settlement of disputes in e-commerce business transactions via online, is carried out both non-litigation and litigation. The suggestion is to the Government, it is hoped that participation in solving problems is very important, if a case like this occurs between different countries, then the settlement of this problem must be determined which legal rules will be used to solve it. The purpose of this study is to determine legal protection for consumers in electronic commerce business transactions through online, and how to resolve disputes that occur in electronic commerce business transaction agreements through online

scholarly journals PEMBATALAN PERJANJIAN BANGUN GUNA SERAH (BUILD OPERATE TRANSFER/BOT) ANTARA PEMERINTAH DAERAH KOTA BOGOR DENGAN PIHAK SWASTA (PT PANCAKARYA GRAHATAMA INDONESIA) DITINJAU DARI SUDUT KITAB UNDANG-UNDANG HUKUM PERDATA

2018 ◽  
Vol 1 (1) ◽  
pp. 1638
Author(s):  
Lorenzo Marco ◽  
Gunawan Djajaputra
Keyword(s):  
Research Method ◽  
Field Data ◽  
Central Government ◽  
Municipal Government ◽  
Criminal Code ◽  
City Government ◽  
Legal Research ◽  
The Government ◽  
The City ◽  
Binding Agreement

The BOT (Build Operate Transfer) Agreement between Bogor Municipal Government and PT Pancakarya Grahatama Indonesia is an agreement to optimize Baranangsiang terminal assets as stated in the agreement Number: 601 / Perj.418-BPKAD / 2012 / Number: 005 / PGI / DIR / VI / 2012 . Until now, the agreement of both parties has not been able to be considered because of the change of authority of the terminal which formerly the authority of the City Government of Bogor to switch to the Central Government, resulting problems Whether the Government / Mayor Bogor can cancel the unilateral agreement BOT in the construction of Terminal Baranangsiang viewed from the point Civil Code? The research method used is normative legal research method supported by interview and field data. Based on the analysis that the BOT agreement between Bogor City Government and PT Pancakarya Grahatama is a valid and binding agreement between both parties and can not be canceled unilaterally by Bogor City Government, although there are new regulations that change the authority of terminal A Baranangsiang become the authority of Central Government . The Agreement may be canceled if it violates Article 1320 of the Criminal Code or violates the subjective and objective terms of the validity of the agreement. When the agreement is mutually agreed upon by both parties, the agreement must continue and act as a binding law as regulated in Article 1338 of the Criminal Code. Bogor City Government should immediately provide certainty to the PT Pancakarya Grahatama Indonesia for Baranangsiang terminal revitalization project can be immediately realized and need a revision (adedendum) agreement between the Government of Bogor City with PT Pancakarya Grahatama Indonesia related to changes in authority of terminal A Baranangsiang between PT. PGI with the Central Government.

scholarly journals PERLINDUNGAN HUKUM TERHADAP ANAK DALAM PERSPEKTIF HAK ASASI MANUSIA

2018 ◽  
Vol 4 (1) ◽  
pp. 141
Author(s):  
Muhammad Fachri Said
Keyword(s):  
Human Rights ◽  
Child Protection ◽  
Research Method ◽  
Legal Protection ◽  
Children's Rights ◽  
Children’S Rights ◽  
Legal Research ◽  
Descriptive Research ◽  
The Common ◽  
The Government

This study aims to analyze the problem of legal protection for children in the perspective of human rights. The type of this research is socio-juridical or including descriptive research with a non-doctrinal approach, which views law as a socio-empirical symptom observed in experience. The research method used is descriptive research with the type of incorporation of normative legal research with sociological legal research related to the implementation of legal protection for children in the perspective of human rights. The results of the study show that the results of this study are the legal protection of children in the perspective of human rights in essence is an effort made by parents, government and society to fulfill and guarantee all children's rights that have been guaranteed in the convention of children's rights and laws Number 35 of 2014 concerning Child Protection. Legal protection for children in the perspective of human rights is less implemented because the government has not implemented its obligations in fulfilling children's rights so that there are still legal violations of children. The recommendation of this research is to implement legal protection for children in the perspective of human rights, parents should be fully responsible for the behavior of children and the government establishes policies that are in line with the wishes of the community, so that the common perception between parents, government and society is realized in fulfilling the rights child.

scholarly journals ANALISIS PUTUSAN NOMOR 559/PID.B/2017/PN.BYW. PENGADILAN NEGERI BANYUWANGI TENTANG PENYEBARAN AJARAN KOMUNISME/MARXISME-LENINISME SECARA MELAWAN HUKUM BERDASARKAN PASAL 107A KUHP

2019 ◽  
Vol 2 (2) ◽  
pp. 1108
Author(s):  
Andreas Purba ◽  
Firman Wijaya
Keyword(s):  
Research Method ◽  
Criminal Liability ◽  
Criminal Code ◽  
Basic Element ◽  
District Court ◽  
Prison Sentence ◽  
Legal Research ◽  
State Security ◽  
Individual Accountability

Budi Pego was charged with violating Article 107a of Law Number 27 of 1999 concerning Amendment to the Criminal Law Code relating to crimes against State security, because of. Because of these accusations, Budi Pego was charged with a 10-month prison sentence in the Banyuwangi District Court. The problem faced is how criminal liability on the perpetrators of the spread of the teachings of communism in terms of Article 107A of the Criminal Code (case study of decision No. 559 / Pid.B / 2017 / PN.Byw)? The research method used is normative legal research. The results showed that criminal liability on the perpetrators of the spread of the teachings of communism in terms of Article 107A of the Criminal Code in Decision No. 559 / Pid.B / 2017 / PN.Byw. it is inappropriate if this criminal liability model is applied to criminal liability to individuals. Considering that individual accountability still requires actions and mistakes as a basic element of accountability. That is, without any deeds and mistakes, there is no criminal liability. Regarding the Budi Pego case, the policy of criminalizing the ideology of Communism/Marxism-Leninism was decriminalized. If this cannot be done, then the legislators need to revise Law No. 27 of 1999 with the concept of eliminating articles containing formal offenses and replacing them with the formulation of material offenses and in the formulation of the weight of sanctions.

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