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IJSC

Penal and Non-Penal Approaches to the Legal Enforcement of Child Marriage: A Political Analysis of Criminal Law - Pages 45-50

Sri Ismawati

DOI: https://doi.org/10.6000/1929-4409.2021.10.07

Published: 18 January 2021


Abstract: This study is directed to examine the issue of child marriage from the perspective of criminal politics. Criminal political perspective child marriage is a perspective that not only sees the problem of child marriage solely as a matter of criminal law, but also tries to look at the problem of child marriage from a non-legal perspective. By using normative and juridical approach, the results showed that the perspective of politics of criminal law of child marriage is to see the problem of child marriage solely as a matter of criminal law, but also tries to look at the problem of child marriage from a non-legal perspective. The politics of criminal law with a penal approach can be done by using integrative formulation, revision, criminalization, penalization of child marriage, law enforcement against criminal acts related to child marriage, encouraging the making of Regional Regulations, Governor Regulations or Regulations of Regents. On other hand, the non-penal approach is by empowering the role of parents by conducting education, education and self-esteem; empowering the role of religious leaders, community leaders, traditional leaders; family economic empowerment, education empowerment and integral policy models

Keywords: Penal and non-penal approaches, legal enforcement, child marriage, politics of law, criminal law.

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IJSC

Implementation of Multicultural Values in Islamic Religious Education Based Media Animation Pictures as Prevention of Religious Radicalism in Poso, Central Sulawesi, Indonesia - Pages 51-57

Hamlan Andi Baso Malla, Misnah Misnah and A. Markarma

DOI: https://doi.org/10.6000/1929-4409.2021.10.08

Published: 18 January 2021


Abstract: This study aims to promote multicultural values in the culture of Sintuwu Maroso the Poso community through the transformation of education which is integrated with Islamic religious subjects based on animated image media as prevention of radicalism in the school and community environment. Research methods is a qualitative descriptive study in the form of writing and oral words from people who are the object of research, in conducting research, researchers as the main instrument whose role is to observe observations of documents and conduct interviews with informants, analyze data, interpret data and interpret data compiled a report on tracking the value of local wisdom on the multicultural value of Sintuwu Maroso in the Poso community. Islamic religious education learning that is integrated between Islamic religious material and cultural material of the Poso Sintuwu Maroso community can produce students who are always obedient to their God, behave well with others and are far from understanding religion and radical religious behavior in multicultural / change communities. student characters. Islamic religious education learning that is integrated between Islamic religious material and cultural material of the Poso Sintuwu Maroso community can produce students who are always obedient to their God, behave well with others and are far from understanding religion and radical religious behavior in multicultural / change communities. student characters

Keywords: Multicultural Values, Islamic Religious, Media Animation, Prevention Radicalism.

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IJSC

Legal Effective of Putting "Business as Usual" Clause in Agreements - Pages 58-70

Yapiter Marpi, Erlangga, Bakti Toni Endaryono and Krismayu Noviani

DOI: https://doi.org/10.6000/1929-4409.2021.10.09

Published: 18 January 2021


Abstract: The development of business in Indonesia accompanies legal needs in the community, especially when triggered by the pandemic period of 2020, breakthroughs of business people to anticipate obstacles have made innovative clauses to be put in the agreement. The birth of the “business as usual” clause needs to be observed in this paper to study the legal impacts that may arise from its positive and negative aspects. This paper aims to analyze the impact of the agreement on the placement of a business as a usual clause on force majeure conditions and to examine the relevance of responsibility as good faith, its validity is limited so that risks can be minimized. This research paper use a random sampling method, normative-empirical legal research, socio-legal research tool types, data software through legal observations, analysis descriptions, modern or traditional agreement law reviews, and primary and secondary data collection. The results of this paper's research manifest the dispute resolution of the parties due to the agreement if it is not proven in good faith. This paper provides solutions and studies of the agreement law of business actors in an effective manner of responsibility and justice.

Keywords: Effective law, clauses, agreements, responsibility.

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IJSC

Social Forestry: The Balance between Welfare and Ecological Justice - Pages 71-78

Erina Pane, Adam M. Yanis and Is Susanto

DOI: https://doi.org/10.6000/1929-4409.2021.10.10

Published: 18 January 2021


Abstract: Poverty and climate change mitigation are connected to each other, so one of the policies adopted by the Indonesian government is managing forests with social forestry schemes. Where social forestry aims at prospering the poor and preserve forests. A balance between the two is needed because it is not only part of forest land, but it also considers justice for the community to get prosperous rights and realize ecological justice. The dynamics of social forestry in Indonesia are characterized by policies and regulations, but in various regions, people have succeeded in increasing their welfare while making forests sustainable. It was concluded that social forestry builds ecological strategic values that guarantee the sustainability of forest functions managed by the community. It can succeed if policies and regulations in Indonesia provide legal certainty over the rights to community-managed forest land.

Keywords: Social forest, welfare, justice.

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