ijcs

IJSC

Principles of the Economic Analysis and Criteria for Evaluation of Corporate Structures Functioning - Pages 2724-2732

M.A. Pugacheva, E. Ju. Girfanova, S.D. Pugacheva and S.M. Nuriyahmetova

DOI: https://doi.org/10.6000/1929-4409.2020.09.337

Published: 31 December 2020


Abstract: In this article, authors attempt to investigate and specify the principles of the economic analysis and criteria for evaluation of activity of corporate structures in the conditions of instability of the external environment that allowed defining degree of completeness of their realization in practice. For receiving quality and objective standard of the economic analysis results, in the course of its carrying out we seek to consider the established principles representing the set of rules. Based on the outcomes, it can be concluded that the possibility of their full realization in many respects depends on institutional, legal and infrastructure conditions, professionalism of management of that region in the territory of which the corporation is located. Need of introduction of the principles of adaptability, relevance, independence, clarity and openness of results of the economic analysis is proved.

Keywords: Principles, Criteria, Efficiency, Corporation, Economic analysis, Assessment.

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IJSC

Genomic Research in Reproduction and Biobanking: An Analysis of International Legal Approaches - Pages 2733-2747

Sergey Vyacheslavovich Kosilkin, Aleksey Viktorovich Kubyshkin, Elizaveta Kirillovna Moskovkina, Maria Vladimirovna Nekoteneva and Vladislav Olegovich Tyumentsev

DOI: https://doi.org/10.6000/1929-4409.2020.09.338

Published: 31 December 2020


Abstract: The article examines the regulatory issues of genomic research in human reproduction and biobanking. The approaches to legal regulation at the level of international law, integration organizations, and individual states are analyzed. Based on the analysis, proposals for legal regulation are formulated. Regarding the legal regulation of genomic research in the field of biobanking, the article discusses the issue of the legal standing of biobanks, approaches to the legal regulation of biobanks in various countries, and formulates proposals for the commercial use of the results of genomic research in biobanking. The article also provides an overview of some judicial decisions that had a certain impact on forming legal regulation of genomic research in the field of biobanking and human reproduction.

Keywords: Genomic research, DNA, biobanking, commercial use of results, human rights.

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IJSC

Conflict of Law Enforcement by State Institutions over Abuse of Power and Authority: A Case Study of "Former President Director of PT. Pertamina" - Pages 2748-2756

Indah Harlina and Bambang Slamet Riyadi

DOI: https://doi.org/10.6000/1929-4409.2020.09.339

Published: 31 December 2020


Abstract: This study, wants to analyze the very significant differences in the application of legal considerations on the abuse of power and authority by the former President Director of PT. Pertamina, which caused losses to the state based on legal considerations by the Corruption Court Judge and the Jakarta High Court, decided to imprisonment for 8 years and a fine. However, a cassation decision by the Panel of Judges at the Supreme Court of the Republic of Indonesia stated that the defendant was presumed innocent and freed the defendant from the demands of imprisonment and unconditional release. The problem of this research is, Why are there very significant differences in the application of law in the same state institution? The purpose of this study, for Constitutional Law academics can provide a very significant difference study in legal considerations in the Court of Justice in Indonesia. For judges at the Supreme Court of the Republic of Indonesia as an introspection in the legal consideration of abuse of power that results in losses to the state. This research approach method was a qualitative method. Creswell defines a qualitative method as a research method that is based on the perspective of constructivism, in which various meanings are socially and historically constructed with a view to develop a theory or pattern. The researcher analysis was based on legal regulations where conflicts occurred in the law enforcement among the three state institutions acting as the basis of constitutional law, which were; Jakarta Corruption Court; High Court of Appeals for the Special Capital Region of Jakarta; and Supreme Court of the Republic of Indonesia.The results of the research show real evidence, the application of law, abuse of power and authority in state-owned enterprises, which was carried out by the former President Director of PT Pertamina so that the state suffered losses. At the Corruption Crime Court and the Jakarta High Court apply the Corruption Crime Law, but the Supreme Court of the Republic of Indonesia applies business law. In terms of this significant difference, it has resulted in constitutional law academics assessing decisions that do not reflect a sense of justice. The researcher's suggestion is that the panel of judges in a state institution should have no differences in taking legal considerations on abuse of power and authority that harm the state.

Keywords: Conflict of law enforcement, abuse of power, corruption court, Jakarta high court, Supreme Court of the Republic of Indonesia.

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IJSC

Arguing Islamophobia during COVID-19 Outbreaks: A Consideration Using Khuṣūṣ Al-Balwᾱ - Pages 2757-2765

Muammar Bakry, Abdul Syatar, Islamul Haq, Chaerul Mundzir, Muhammad Arif and Muhammad Majdy Amiruddin

DOI: https://doi.org/10.6000/1929-4409.2020.09.340

Published: 31 December 2020


Abstract: The threat of Islamophobia continues to surface. The latest is related to COVID-19. Islam considered as the source of the virus suddenly went viral, even with the hashtag #coronajihad. The implementation of religious rituals by ignoring social distance by certain groups can be one of the triggers besides propaganda and conspiracy from anti-Islam. This article aims to provide an argument against Islamophobia with consideration of Khusus Al Balwa. The approach used is a combination of normative and empirical facts amid the heterogeneity of Muslims during the pandemic. An interesting finding from this research shows that khusus al-balwa is a concept that Muslims need amid co-19 hegemony, especially in terms of providing a complex understanding to present a calming Islam rather than a threat. In reality, khusus al-balwa happened a lot amid the pluralism of Muslims to prevent the outbreak of Islamophobia amid co-19 issues. Consideration of khusus al balwa contribute to prevent the negative stigma that could harass verbally and physically to the muslem. In fact, the special concept of al-balwa has not been much studied by observers of Islamic law which is covered because of the 'fame' of ‘umum al-balwa. Khusus al-balwa has not been fully taken into consideration by the Mufti, both individuals, and institutions in bringing forth fatwa products.

Keywords: Khusus al-balwa, Islamophobia, COVID-19.

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