Sociologies Perspectives on Unregistered Marriages in Muslim Socities

The study focuses on the practical concept of the unregistered marriage at the Marawola Sub-district. It seeks to understand factors that cause the practices and their sociological impacts. The study aims to recognize the practical concept of the unregistered marriage, factors affecting the practices, and their sociological impacts. The study is a descriptive research by nature. It employs different data collection techniques while adopting qualitative approach in its data analysis. The setting of the study is at the Marawola Sub-district. The findings of the study show that there were a lot of people in the community under the authority of the Marawola Sub-district practiced unregistered marriages. They made mention that the reasons for their practices which were derived from their interviews were legal because they believed that the unregistered marriages have fulfilled terms and conditions for lawful marriages. They argued that a marriage registration is only for the legalization of the marriage. The reasons for the unregistered marriage practices covered many factors. First, it is due to the ignorance of the community in regards to procedures for a marriage registration at the Marawola Sub-district. Other reasons are related to administrative requirements for a marriage registration and marriages by accident due to pregnancies. In addition, unlawful actions of irresponsible individuals in the community who helped perpetrators to find a shortcut for the Unregistered Marriages could also cause the insurgence of the practices. These all brought sociological impacts in their society especially for wives and children where there is no legal protection for them. Hence, there was no recognition from formal law which then resulted in long-term social impacts and negative turmoil in the community.

Earnings management and investor protection during the COVID-19 pandemic: evidence from G-12 countries

Purpose The purpose of this paper is to examine the inter-relations among the strength of investor protection institutions, earnings management (EM) and the COVID-19 pandemic. Design/methodology/approach As a proxy for EM, the authors use discretionary accruals measure, estimated using the modified Jones model (1991). As a proxy for the strength of investor protection institutions, the study uses the Investor Protection Index, extracted from the Global Competitiveness Reports. The sample consists of 5,519 firms listed in the Group of Twelve countries during 2015–2020. Findings The study shows that firms tend to engage less in EM during the pandemic period. The authors also find a significantly negative relation between the strength of investor protection institutions and EM practices, and interestingly, this negative relation was found to be more pronounced during the pandemic period. Research limitations/implications For investors and practitioners, the findings help get insights into the behavior of firms in response of the pandemic shock in countries with solid institutional and legal protection. For policymakers, the findings reaffirm the critical role that institutional incentives and reforms can play, in influencing firms to exert more efforts to promote their financial reporting quality. Originality/value To the best of our knowledge, the study is one of the first attempts to examine the link between EM practices and investor protection during the COVID-19 pandemic. The findings extend both the literature on the role of institutional factors in promoting the earnings quality and the literature on COVID-19’s effect on firm performance and practices.

Consumer Legal Protection Reviewed from Consumer Protection Law in Consumer Dispute Settlement through Litigation

There is a law called Law Number 8 of 1999 that deals with consumer protection. It says that disputes between consumers and business people can be settled through both litigation and non-litigation channels and that both types of channels can be used to do this. Using the courts to settle consumer disputes is a way to do this. This type of dispute resolution refers to the rules for general courts. So that consumers need to get help from the law to get their rights as consumers. Consumer protection is becoming more and more important as science and technology move faster and faster. This is because the speed of science and technology is what drives the productivity and efficiency of producers for the goods or services they make in order to reach their business goals. As a result of this, either directly or indirectly, the Consumers are the ones who feel the effects of these two things the most. In this case, the consumer protection law says that businesses must give legal protection to their customers, so this shows that businesses must do this. And legal remedies for resolving disputes between customers and business people in the event of a dispute can be used both in court and out of court. In order for a dispute to be resolved through litigation, one party has filed a lawsuit against the other party. However, non-litigation dispute resolution can be done in a number of ways, such as through negotiation, consolidation, mediation, arbitration, and so on. Keywords: Legal Protection, Consumers, Consumer Disputes, Litigation, Laws.

Legal protection systems, corporate governance and firm performance: a cross-country comparison

Purpose This paper builds on the “Law and Finance” theory and aims to examine the effect of the legal and institutional environment on the governance–performance relationship in the context of non-US firms. More precisely, it examines whether and how the country’s legal system and the level of investor protection interact with the firm-level corporate governance and affect firm performance. Design/methodology/approach The authors used the “G-Index” governance score developed by the Governance Metrics International rating for a sample of 12,728 firm-year observations from 23 countries over the 2009–2016 period. Findings The results show that the interaction between the country-level institutions and corporate governance system significantly affect the firm performance. In particular, the findings indicate that firms operating in common law countries tend to exhibit a positive valuation effect and higher performance than firms with a comparable corporate governance level operating in civil law countries. More precisely, the authors find that in common law countries, higher investor protection with enhanced corporate governance is associated with better firm performance. However, firms operating in civil law countries with weaker investor protection and a comparable corporate governance level tend to experience a negative valuation effect. Originality/value The findings suggest that the institutional and legal environment is crucial and important in determining the value-maximizing level of good governance practices. Managers and regulators should carefully analyze the cost of these initiatives and should coordinate it with the needs of the country’s legal system. The challenge for the company will be how to adjust its corporate governance strategy according to the needs and demands of the country’s legal system in which the company operates to improve its performance. The regulators should ensure a fit between the specifics of the national legal and institutional environment and corporate governance standards and practices.

Consumer Legal Protection Principles of Billing Mechanism by Digital Financial Service Provider: a Prescriptive Fintech Law Study in Indonesia

Financial Technology or Fintech currently grows rapidly in Indonesia. The total of loan disbursement reached 155,902.55 Million IDR in the end of 2020. Alongside with it‟s development this digital tool like two blades which has negative and positive aspects. This research tries to explore the philosophy of consumer protection in online lending practices and investigate the consumer protection in the online loan collection mechanism by digital financial service providers in Indonesia. Through using some theory and literatures such as the justice theory, consumer protection, economic and law morality, digital document and supported by several primary and secondary legal materials to explain and answer the research question. The research method is the prescriptive by combining the types of doctrinal, reform-oriented, and theoretical research. The results obtained by the author found similarities between dispute resolution from the perspective of the consumer protection act with the arbitration protection law and alternative dispute resolution which both provide legal certainty to the parties

Problematic of Legal Protection Against Women after Ratification the Job Creation Act under the ILO Conventions

It is felt that the overlapping regulations in Indonesia have hampered government programs so far. So that President Jokowi sparked a new regulation, namely the omnibus law with the aim of simplifying regulations in Indonesia so that the omnibus law is believed to be the most relevant solution today. However, this caused a strong reaction by the workers, because it was considered to have the potential to make workers experience marginalization again in the interests of economic development. This research was conducted using a normative juridical approach and intends to explain how legal protection for workers, especially women workers, after the ratification of Law number 11 of 2020 concerning job creation based on International Labour Organization. The results of the research found that no changes were found regarding women's rights in the omnibus law which was also reviewed based on the ILO convention

Doctor's Legal Protection in Health Services for Covid-19 Patients

Doctors as medical workers are at the forefront of health services for Covid-19 patients. During the pandemic, doctor is the profession that has the highest risk in handling Covid-19 patients. In this case, it is appropriate if doctors get legal protection in carrying out their profession. So, what is the actual form of legal protection that doctors have received so far in handling Covid-19 patients? Have the existing regulations accommodated this protection?. The method of research which used in this research was normatif by examining the law which is conceptualized as a norm or rule that applied in society, and becomes a reference for everyone's behavior. The results of the study indicated that there were preventive and repressive measures which were as means of legal protection for doctors during Pandemic. Preventive efforts can be interpreted as steps or ways that can be taken to prevent an event that has legal consequences in the form of fulfilling obligations as a doctor, namely by carrying out the profession in accordance with professional standard, professional service standard, and standard operating procedures, completing administration in medical practice such as informed consent. and medical records, getting vaccines, providing incentives. While repressive efforts are defined as steps or method which taken if an event that results in law has occurred in the form of providing compensation to doctors who died, giving awards for services, bearing medical expenses for exposed doctors, and prosecution for criminal acts towards people who do not orderly implement health protocols. The legal protection of medical workers in handling Covid-19 is evident in the fact that these medical workers have received legal protection in the form of supervision and guidance carried out by the Central Government, Regional Government or their Work Agencies. It shows that existing regulations have accommodated legal protection for doctors during the Covid-19 pandemic.

Occupational Health and Safety in Agricultural Production

Agricultural production is one of the leading sectors in the world and in our country in terms of employment rates. Agricultural production activities, the importance of which is increasing day by day due to the increasing world population, is an important strategic element for every country. The economy of many countries, including our country, still depends on the products they obtain because of agricultural production. Appropriate agricultural policies should be implemented to increase the productivity in agricultural production, to protect the employed workforce and to ensure its continuity. In addition to establishing appropriate agricultural policies, employed workers should also be protected by laws, regulations and directives. It is a fact that most of the people employed in agricultural production in our country must work under dangerous and harsh conditions without being under legal protection, without union formation and union rights, as in other sectors. Protecting the health of agricultural production workers working under very difficult conditions due to variable climatic conditions, ensuring safe production and ensuring that the necessary Occupational Health and Safety measures are taken should be among the priority items when forming our state’s policies. In this study, the situation in the world and in our country was examined under the title of occupational health and safety in agricultural production. The hazards and risk factors to be encountered in agricultural production have been determined and the Occupational Health and Safety measures to be taken against them have been tried to be explained.

Improvement of the constitutional mechanism for the protection of constitutionalism in Russia

The subject. The article names the conflict situations that have developed in the Russian Federation that threaten Russian constitutionalism, searches for ways to resolve them, and outlines measures to improve the constitutional and legal protection of the constitutional system and the territorial integrity of our state.The purpose of this article is to identify threats to constitutionalism in the Russian Federation from the point of view of the ethnopolitical and historical development of Russia as well as to identify conflict situations that generate these threats.The methodology. Dialectical method, systematic approach and system analysis, formaldogmatic, logical-legal, comparative-legal, concrete-historical and sociological methods were used.The main results, scope of application. The article indicates the impact on Russia of the negative processes that led to mass riots in foreign countries, and the conflict situations caused by them. When destabilizing public relations in Russia, one of the first places is occupied by inciting hostility on the basis of national relations, first of all, inciting an aggressive minority against a state-forming ethnic group. Grievances and disagreements that took place in the historical past, as well as contradictions of an interfaith and intercultural nature are used as reasons.The article makes proposals for the prevention, suppression and elimination of negative processes and conflict situations aimed at strengthening Russian constitutionalism.They are reduced not only to strict compliance with the existing constitutional and sectoral norms; elimination of contradictions in the Constitution, as well as the specification of constitutional norms by sectoral rules; timeliness, proportionality and inevitability of state coercion measures applied to offenders. Restoration and accelerated development of sectorsof the national economy destroyed during the perestroika; increasing the number of jobs with decent wages; employment of citizens of the Russian Federation first of all; comprehensive expansion of the network of professional training in industrial and technical specialties are among the important measures to protect constitutionalism.

EKSEKUSI TERHADAP OBJEK JAMINAN FIDUSIA PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 18/PUU-XVII/2019 DAN BENTUK PERLINDUNGAN HUKUM TERHADAP DEBITUR

Fiduciary guarantee is a guarantee right for movable objects both tangible and intangible and immovable, especially buildings that cannot be encumbered with mortgage rights that remain in the possession of the Fiduciary Giver, as collateral for certain repayments that give priority to Fiduciary Recipients over other creditors. After the Constitutional Court Decision Number 18 / PUU-XVII / 2019 resulted in changes to the provisions of Article 15 paragraph (2), Article 15 paragraph (3), and Elucidation of Article 15 paragraph (3) UUJF, specifically changes to the interpretation of breach of fiduciary violations and executions. This thesis will discuss issues regarding the execution of fiduciary security objects after the Constitutional Court ruling No. 18 / PUU-XVII / 2019 and how the legal protection of debtors for arbitrary creditors' actions.Keywords: execution, fiduciary, debtor protection.