The Legal Policy of Executability in the International Arbitral Tribunal Decision for Settlement of Investment Disputes

<div><table cellspacing="0" cellpadding="0" align="left"><tbody><tr><td align="left" valign="top"><p class="AbstractText">The growing number of investment disputes indicates more challenging and controversial matters in the various arbitration practices. However, the International Centre for the Settlement of Investment Disputes (ICSID) rules do not entirely solve the problem in the arbitration process. This study aims to explain how the ICSID tribunal’s inherent reconsideration power can be exercised to “fill the gap” in arbitration proceedings. This study concludes that it can be enforced under Article 44 of the ICSID Convention, which decides the question submitted to the tribunal that the ICSID Convention does not cover. Second, in completing this study, the wording of Rules 19 of Arbitration Rules gives an almost similar order to the tribunals in the case of absence in the conduct of proceedings. Third, under Rule 38 (2) Arbitration Rules, the tribunals can exercise the reconsideration power when discovering new facts that decisively affect the case's outcome.</p></td></tr></tbody></table></div>

Social Enterprise and Taxation Policy: A Systematic Literature Review

<div><table cellspacing="0" cellpadding="0" align="left"><tbody><tr><td align="left" valign="top"><p class="AbstractText">Malaysia is likely to introduce new laws on social enterprises of taxation. However, the important questions are whether the said laws are adequate. This study explores previous research on social enterprises and taxation to gain a further understanding through a systematic literature review on social enterprises and taxation from the Malaysian perspective. This is normative legal research. The data was gathered through library research which consisted of numerous publications. This study concludes that tax and social enterprises, perhaps due to the different economic structures in each country, result in taxation being slightly discussed by previous scholars. Nevertheless, we clearly define social enterprises from different perspectives, including the characteristics present in social enterprises. Moreover, the perspective regarding tax relief for social enterprises in Malaysia has been highlighted. Although Malaysia has introduced a new policy to support its social enterprises with Social Enterprise Accreditation, a more significant regulatory or tax incentives approach is needed to support social enterprises in Malaysia.</p></td></tr></tbody></table></div>

A Critical Analysis of Causation Rules in Marine Insurance

<div><table cellspacing="0" cellpadding="0" align="left"><tbody><tr><td align="left" valign="top"><p class="AbstractText">The United Kingdom has regulated Marine Insurance in great detail in some laws and regulations, but these regulations do not seem to have been fully implemented. This study will discuss the Causation Rules in Marine Insurance. More specifically, this article has looked at the impact of the development of the causation rules in marine insurance after implementing MIA 1906. This study argues that the efficiency test is now be regarded as a historical precedent of the causation rules. What is clear is that the operation of the efficiency test alters the rule which previously relied on a question of law by looking at the latest cause of the loss to recognize a question of fact by measuring the most predominant cause of the loss. However, it does not mean that the newest cause of the loss is automatically disregarded. An immediate cause may be proximate if it has an efficient and predominant effect to cause the loss.</p></td></tr></tbody></table></div>

The Legal Reform Policy on the Shariah Supervisory Board Role’s in Indonesian Shariah Banks

<p>As Muslim majority country, Indonesia experiences the mushrooming of banks based on Islamic values (called shariah banking). The existence of sharia banking is followed by legal policies intended to support the progress of the business sector, including regulations regarding the Sharia Advisory Board, but the question is whether the policy is effective in the development of sharia banking in Indonesia. Adherent to that context, this study aims to examine the issues faced by the Sharia Supervisory Board in Indonesia. This article argues that there are at least fifth substantial problems related to the policies of the Sharia Supervisory Board in Indonesia, namely: (1) not all Shariah Supervisory Boards in Islamic business units have supported by a strong legal basis on which their operations are inducted to; (2) members of the Shariah Supervisory Board are appointed mostly based on their charisma and popularity in society, not of their knowledge and experience in related field; (3)ideally Shariah Supervisory Board must have recognized the banking system before becoming Shariah Supervisory Board, but the basic knowledge is not easy to understand when entering on technical issues; (4) many Shariah Supervisory Boards are not focused on shariah banks supervision duty because of their multi profession; (5) lack of advice related to product innovation and social needs issues</p>

Mining Corruption and Environmental Degradation in Indonesia: Critical Legal Issues

<div><table cellspacing="0" cellpadding="0" align="left"><tbody><tr><td align="left" valign="top"><p class="AbstractText">Indonesia has enacted mining law, environmental protection law, and a number of rules addressing mining and environmental issues. However, the establishment of these numerous laws and regulations has not resulted in a decline in corruption cases and environmental degradation. In fact, government officials are frequently lenient with mining industry owners who fail to follow good environmental standards. This is critical since Indonesia has spent the last two decades attempting to resolve corruption and environmental challenges. This study describes specific instances of mining and environmental law confusion resulting from corrupt activities. The study takes a normative legal approach. Resources have been gathered through examinations of mining and environmental laws and regulations, as well as reports by multiple authorities that track the same subject. The study demonstrates how prior Indonesian mining law policy acknowledged regional governments as mining authorities. The policy has caused widespread mining corruption, particularly in the area of business permits, involving regional political leaders and the private sector. The irresponsibility of regional political elites has jeopardized the environment and ecosystem. It is also an echo of overlapping legislation and authorities in the mining and environmental sectors.</p></td></tr></tbody></table></div>

The Legal Protection Against Child Marriage in Indonesia

<div><table cellspacing="0" cellpadding="0" align="left"><tbody><tr><td align="left" valign="top"><p class="AbstractText">Every child is a human being who possesses the right to justice, freedom, and opportunity to develop regardless of nationality, race, religion, or skin complexion. These rights of children are guaranteed by the United Nations Universal Declaration of Human Rights. However, its reality indicates otherwise, as children are often the victims of exploitation. One of the worst such kinds of child exploitation is child marriage. This study aims to analyze the legal protection against child marriage in Indonesia. This research is conducted through the normative analysis of various written sources. This study concludes that the Indonesian Child's Act even has a provision that stipulates the obligation of parents to prevent early marriages. However, that the law is somewhat effective in Indonesia. Unfortunately, the fatal flaw is the low-threshold provision that enables parents to request dispensation for early marriage. This shatters all the efforts to eliminate child marriage. Thus far, the Indonesian Government also has shown its reluctance to ever amend discriminatory provisions in the Indonesian Marriage Act related to the practice of child marriage despite numerous recommendations from the Convention on the Elimination of Discrimination against Women.</p></td></tr></tbody></table></div>

Taxing Micro, Small and Medium Enterprises in Yogyakarta: Regulation and Compliance

<p>Government Regulation No. 46/2013 has not been optimal in providing legal compliance on taxation for Micro, Small, and Medium Enterprises (MSMEs), especially in Yogyakarta. This policy was evaluated and amended with Government Regulation No. 23/2018. The amendment in tax policy for MSME actors was this research background to examine: First, how does the final income tax policy impact MSME taxpayers' compliance in Yogyakarta? Second, what are the legal compliance constraints of MSME taxpayers? The method used in this research was a juridical empirical, supported with the statute and conceptual approach. The results showed that the amendment in the final income tax tariff policy from 1% to 0.5%, as well as provide legal certainty of the timeframe of taxation had a positive impact on increasing taxpayer compliance. There was an increase in the number of taxpayers to 41,000 in 2019, or an increase of 15.5% compared to the number of taxpayers in 2017. However, tariff reduction has not been the answer to taxpayer non-compliance, the Regional Office of the Directorate General of Taxes of the Special Region of Yogyakarta still found tax avoidance. Tax compliance constraints were also caused by taxpayers' distrust of the government, poor tax morale, and tax knowledge. The government needs to conduct a cooperative compliance approach in taxation policies based on trust and dialogue between taxpayers and the government to improve MSME taxpayer compliance.</p><p><strong>Keywords:</strong> Tax Compliance; Final Income Tax Regulation; Micro; Small; Medium Enterprises.</p>

Transgender and the Right to Employment in India: Analysing the Trajectories of Discrimination

<p>This research aims to investigate the trajectories of discrimination these communities face in the employment sector. While doing so, the authors have emphasized that despite a clear mandate of ‘Right to Work’ in the Constitution of India, policymakers, governments, and the Indian judiciary too has been keen only on laying down framework only concerning ‘Rights at work.’ In this sense, the authors opine that India presently lacks a clear employment non-discrimination framework. Even almost all the labor laws of India stipulate rights and duties post-recruitment scenario. There is an apparent lack of pre-recruitment guidelines. In this light, the authors see the Supreme Court’s recent judgment in the NALSA case recognizing the Transgenders as ‘third gender’ and the efforts of the Indian Parliament to frame a law on the protection of the rights of the transgender people as a silver lining in the cloud. This paper highlights the underpinnings of this development by still emphasizing that something needs to be done more on the front.</p><p> </p><p><strong> </strong><strong>Keywords:</strong> Transgenders; Employment; India.</p>

Freedom of Expression in Malaysia: Compatibility with the International Human Rights Standard

<p>Malaysia is likely to introduce new laws on freedom of information. However, the important questions are whether the said laws are effective and will have enough bite with the public looking forward to opening government policy. Freedom of information has developed under international human rights law as the right to freedom of expression, including the freedom to seek, receive and impart knowledge and ideas through media, regardless of any frontier. This paper aims to examine freedom of expression under the international realm, scrutinize the said freedom in the Malaysian legal framework, and discuss the proposed enactment of freedom of information laws in Malaysia in conformity with international human rights law. This research uses the qualitative research method. This paper concludes that freedom of information in Malaysia is severely impeded by the enforcement of the Official Secret Act. This paper calls for the repeal or amendment to the Act in conformity with international standards. </p><p><strong>Keywords</strong><strong>:</strong> Expression; Freedom; Expression; Human Right.</p>

Medicolegal Perspective on Physician-Induced Demand Issue

<p>This study sheds light on the extent to which the medical law protects patients' rights from Physician-Induced Demand behavior. This study shows that the term of Physician-Induced Demand has not been recognized in health regulations. Meanwhile, some often fail to recall that medical law has protected patients’ right in the therapeutic transaction between doctor and patient through Act No. 29 of 2004; Minister of Health Regulations number 11 Year 2017; Act No. 44 of 2009, Civil Code and Act No. 36 of 2009. In order to reduce Physician-Induced Demand, establishing a guideline of good clinical practice, including the informed-consent guideline is urgently needed. Government should also control the quality and cost of healthcare providers as well as adequate payment system for physicians.</p><p><strong>Keywords:</strong> Physician-Induced Demand; Medical Law; Legal Protection of Patient.</p>