The Vulnerability of Women in Dealing with Covid-19 Pandemic: Feminist Legal Theory Approach

Women are one of the community groups most affected by Covid-19 because most are workers with lower incomes and unprotected financial security. Moreover, most women occupy the informal sector, which is more vulnerable in accessing social security guarantees. In addition, domestic violence against women increases in several countries during the pandemic. This article aims to analyze the causes of the negative impacts of the Covid-19 pandemic on Women and formulate the legal solution using the Feminist Legal Theory approach. The results show that there are broadly two causes of negative impacts for women dealing with Pandemic Covid-19. Firstly, due to the inequality in economic structure. Secondly is the gender stigmatized social structure. In this case, the feminist legal theory approach can be used to reconstruct and reform the negative impacts, as well as reanalysis the solutions in realizing women's legal justice due to the outbreak of the covid-19 pandemic. This study offers three solution methods. Firstly, analyzing the legal methods in giving gender implications and perpetuating women's subordination. Secondly, making gender the main category in conducting legal analysis. Thirdly, considering gender specificity in achieving legal equality for women.

The New European Union Whistleblowing Directive: In Comparison to Indonesia’s Practice

With the European Union Whistleblowing Directive (2019), the topic of whistleblowing is becoming increasingly important for EU MS’s public and private entities. Whistle-blowers might play a vital role in exposing corruption, fraud and mismanagement of the EU’s supranational norms. The Directive introduced minimum standards for the protection of whistle-blowers and obliges many public and private entities to introduce their own internal whistleblowing channels. The EU also can take some lessons from Indonesia about the practice and obstacle in implementing whistleblowing system. The aim of this article is to introduce the new EU Whistleblowing Directive’s main features and some presumable obstacles for implementation. The hypothesis is that the new Directive might enhance the fairwork-place environment, roll back fraud and corruption, reduce work-related wrongdoing and manage equal treatment and no-discrimination policy including bullying and sexual harassment. However, some theoretical and pragmatic discrepancies will be introduced as well.

Human Rights, Islamophobia, and the War on Terrorism

Declaration of Human Rights is one of the universal law products, which has become an agreement for the civilization of nations. Hence, everyone has the right to recognition everywhere as a person before the law. One of the substances of Human Rights principles is not to allow the growth of repressive attitudes from all elements in society. Including the attitude and role of the media as the guardian of human rights. This study analyzes the role of media in the production process of anti-Muslim frames, contributing to the growth of islamophobia, thereby supporting the government's repressive efforts and ignoring human rights principles. This study is a qualitative study related to the trends and challenges of islamophobia and the war on terrorism from a global perspective. The results show that islamophobia has led to the Muslim community's discrimination, exclusion, and acceptance of prejudice. This activity creates a scourge for decision-makers in many countries with numerous attributes associated with its growth. The originality of this paper exhibits a comprehensive investigation of islamophobia, international law, and terrorism. The result also showed that the media tend to discriminate due to fanaticism, violence, and terror in many extreme religious groups, thereby encouraging the spread of islamophobia.

Features of Remote Work in Ukraine and the European Union: Comparative Legal Aspect

The relevance of the study is based on the development of scientific and technological progress and the expansion of the labor market, including in the framework of international cooperation. Moreover, the introduction of quarantine due to the spread of Covid-19 has led to increased attention to remote work. The aim of the study is to analyze the legal aspects of remote work in accordance with the labor legislation of Ukraine and the European Union, focusing on the concept of remote work, the rights and obligations of remote workers. In our study, we determined that in the European Union, the key points in relation to the rights granted to teleworkers, which the countries parties to the agreement have undertaken to incorporate into their national legislation and collective agreements, are data protection; the voluntary nature of telecommuting; equipment; organization of working time; privacy. The originality of the study is based on more effective ways to improve labor productivity in Ukraine, labor discipline, compliance with labor guarantees for remote work. It is necessary to revise and legislatively regulate the key principles of compliance by employees with labor discipline, providing the employee with proper working conditions, supporting the employer in search of new opportunities to provide employees with work, improving the technical aspects of ensuring the relationship between business and government, responsibility for results and the labor process.

Protection of Human Rights and Freedoms in the Administrative Proceedings of the European Union

Since there is a problem of forming a system of modern doctrinal knowledge on protection in administrative proceedings by individuals of their rights violated in public relations, the topic under research becomes relevant. The justice in national administrative cases requires qualitative improvement taking into account European experience. The purpose of the research is to form a uniform judicial enforcement in the field of public relations, establish the rule of law, and provide fair justice. The methodological basis of this study is a set of general scientific (dialectical, analysis, and synthesis), as well as special legal (historical, comparative law, consideration and interpretation of legal norms, formal-logical) methods of scientific knowledge. The practical significance of the obtained results is that the formulated theoretical provisions, proposals and recommendations can be used: in research to conduct further research on the problems of administrative proceedings in Ukraine, ways and means of effective protection of subjective rights of individuals; in law-making for further improvement in accordance with European principles of national legislation; in the law enforcement practice of judges of administrative courts of Ukraine for consideration and resolution of public law disputes, in the protection of their rights in administrative judicial specialization by citizens and legal entities.

Air and Space Law Education: Preparing for the Future in China, Indonesia, Italy and Thailand

Aerospace technology has developed rapidly within the last decade. Facing the future, there is an urgency to balance aerospace technology developments with providing sufficient human resources through education, in this context from the perspective of air and space law. From east to west, this article elaborates on air and space law education in four countries with different experiences in aerospace activities, namely China, Thailand, Indonesia, and Italy. The development of higher education in conducting such programs is essential to ensure that the national aerospace industry will never lack proper human resources from its own nationals, including professionals with specific air and space law expertise. Furthermore, higher education has a significant role in bridging the industry with recent developments and advising the government in setting up aviation and space policies, as in the successful case of China and Italy. In the end, this article provides policy recommendations on promoting air and space law in higher education.

Protection of Migrant Workers under the ICMW: Incompatibility with Malaysian Laws and Position in ASEAN

The International Convention on The Protection of The Rights of All Migrant Workers and Members of Their Families (ICMW) is the only Human Rights Convention that distinguishes between normal and irregular migrants in great detail. An analysis of the situation in Malaysia, based on feedback from relevant stakeholders, shows that there are insurmountable obstacles to ratification in relation to the ambiguous policy status for migrant workers, which is based on ad hoc policies. Malaysian legislation appears to be straightforward in its approach to labour migration policies, as it defines and categorises migrants into two distinct ‘categories': registered migrant (regular migrant) and undocumented migrant (irregular migrant), regardless of ability level. This article demonstrates that, despite the barriers and incompatibilities with national laws, the Convention, which is primarily a human rights instrument aimed at protecting the fundamental rights of all migrants, could assist Malaysia in ensuring a holistic and sustainable migration management that takes into account the needs of a whole approach and support from all parties involved, including but not limited to the Malaysian government. Part I of the article will go through the history of the convention's adoption, followed by Part II on the state of Malaysia's migration laws and policies, Part III on the compatibility and incompatibility of Malaysian laws with the ICMW and the position in ASEAN, and Part IV on recommendations.

Equal Access to the Vaccination of Covid-19 in Southeast Asia: Can ASEAN be a Catalyst?

Since the time Covid-19 was discovered in Southeast Asia, around 2.5 million people have been infected and more than 54 thousand have died by early March 2021. Even though ASEAN members have followed most of the WHO recommendations to deal with Covid-19, cases are still liable to increase. Therefore, vaccine utilization is the best chance which people believe in to fight the pandemic for now. However, the vaccine’s availability and distribution are a dilemma for the ASEAN member countries. Therefore, this article aims to determine the possibility of ASEAN’s role in creating equal access to the Covid-19 vaccine for everyone. According to the juridical normative research, ASEAN is committed to protect and promote human rights and to realize the Sustainable Development Goals (SDGs). On that basis, the organization tends to play an important role in Covid-19 vaccination in Southeast Asia by cooperating with its partners to research and create the required vaccine.

Tendering in Assignment of the Administrative Contract: A Comparison of Egyptian Tender Law and Saudi Government Tenders and Procurement Law

Administrative contracts are conducted to meet government agencies' requirements in terms of procurement, which is done by tendering. The government infrastructure demand and day-to-day other needs are contracted with vendors, who render their services by applying the announced tender. Hence, the legal framework related to tendering is very important, which protects the legal rights of tender authority and vendors. This present research aims to explore the tendering law in Saudi Arabia and Egypt, having a close legal framework regarding tendering. Egypt is carrying the tender law of 1998, which is updated in 2018 recently. Moreover, tendering in Saudi Arabia depends on the Government Tenders and Procurement Law (GTPL) of 2019, which is updated from the previous version of GTPL 2006. The research explores the basic structure of the procurement system and tendering in both systems, including the discussions on procurement agency, tendering methods, basic tendering regulations, public-private partnership, transparency issue, and tendering with foreigners' bidders. Also, the recent improvements in both tendering systems are discussed. The research traces many similarities and differences in both tendering systems and suggests taking help from each other's experiences.

Fishing Quota and International Obligation: Why Has Indonesia been Indicated as a Non-Compliant State

Indonesia committed to conserving the tuna resources by participating in some RFMOs. From all regional organizations where Indonesia has been joined, the CCSBT is the unique one, due to it governs a single tuna species, which is called Southern Bluefin Tuna. This kind of tuna is essential for Indonesia because it is the world’s most expensive tuna and SBT migrates through Indonesian fisheries management zones and goes even further within the territorial waters, where the SBT spawning area is located. This natural characteristic distinguishes Indonesia from other Parties to CCSBT. Nevertheless, the Country has been dealing with its obligation to comply with national quota allocation. For some fishing season periods, the CCSBT indicated Indonesia as a non-compliant. By applying the qualitative approach, this study considers how Indonesia’s non-compliance has been addressed in fishing for shared fish stocks. The data collection was conducted through semi-structured interviews and legal analysis of law and policy instruments. This method leads the elaboration to reveal domestic factors affecting non-compliance by Indonesia. This study argues, the fisheries legislation should consider the provision concerning fishing for resources under quota system, hence, it will provide sufficient legal base to take enforcement measures towards non-compliance with fishing quota.