Category: ECPEL2016


The Role of Environmental Organizations in Protecting Human Rights and Performing Social Justice in Indonesia

Mining activities carried out by Transnational Corporations (TNCs) may cause positive and negative impacts in developing countries, such as in Indonesia. The positive impacts of TNCs may enhance economic growth in Indonesia , on the other hand, the negative impacts of TNCs may cause environmental pollution and environmental degradation. The activities that have been done


Accessibility to Justice for Foreigners Before the Indonesian Constitutional Court

In 2007, the Indonesian constitutional court refused judicial review submitted by 3 Asstralian citizens. Those people have been sentenced to the death penalty before the Indonesian district court on abuse of drugs. The Australian citizens considered that death penalty stipulated in Indonesian Law regarding narcotics law violated their constitutional right, namely the right to life.


The Framework of Corruption As a Human Rights Violation and Its Implication to the Indonesian Penal System and Corrution Judicial

The Indonesian Anti Corruption Act perceives corruption is not only related to state financial loss, but also as a violation of economic and social rights. However, the formulation of penal system and corruption judicial decisions ignores this philosophical framework. Forms of criminal sanction and their impositions merely consider the rights of a suspect and eliminate


The Contract of Assignment in Public Procurement Law

Contracts are legally binding between two signing parties. In some cases, rights can be transferred to third parties with respect to certain conditions, expressly and strictly mentioned in the Civil Code. The assignment is one of this type and means the transfer of rights from one person, the transferee, to another person, the transferor. It is


Justice for Psychopaths: Punishment or Therapy

Psychopathy is one of the most dangerous mental disease and provides a theoretical and practical challenge to the Criminal law and the Criminal Justice System. Mental diseases need to be explicable in reference to their severity and gravity specially having the instinct towards crime. Psychiatry and law approach the problem of human behaviour from different


Patients’ Rights and Medical Liability Within Off-Label Prescription

Off-label prescription refers to the use of a medication beyond what it is established in the respective Marketing Authorization Application (MA). This broad definition encompasses situations in which the drug was used for a therapeutic indication not authorized in the MA; with a different dosage or with a different frequency than those mentioned in the


Penal Mediation for Medical Dispute Settlement in Indonesia Perspective

In Indonesia, most of medical malpractices which were submitted before the court brought loss to the patients. Besides having high degree of difficulty, medical malpractice vindication usually needs more extra effort, particularly by employing the Law on Medical Practice. Therefore, the proposed main question is whether the medical doctor or professional medical staffs in hospital


Acquisitive Prescription ss a Mean of Acquiring Ownership: An Albanian Perspective on the DCFR

Acquisitive prescription has been for centuries a consolidated institute through which becomes possible the acquisition of ownership. The goal of this article is to analyze the real impact of DCFR (Draft of Common Frame of Reference) in creating a uniformity for acquisitive prescription rules in European Union (with a special emphasis in Albania.). After the


Public Debt and Improvement of Laws on Public Debt Management in Vietnam

In the highly unstable context of current world economy, public debt has become a hot issue that many countries are concerning. In Vietnam, in the industrialization and modernization progress, the country needs more capital and technology to restructure the economy and facilitate economic development, social stability and sustainable direction. Over the years, Vietnam has organized


Develop the Independent Corruption Eradication Commission Through Redesigning the Recruitment Mechanism of the Corruption Eradication Commission’s Chairman

The Corruption Eradication Commission was formed as a special government institution to combat corruptions. The institution is constitutionally granted an authority to combat corruption. Thus, it is important to be an independent institution which is free from other institutions’ interference. The independency requirement of the Corruption Eradication Commission is very crucial in order to maintain


Improvement of law on Anti-Money Laundering through Commercial Banks in Vietnam – Some Lessons from Some other ASEAN Countries

Currently, the phenomenon of money laundering through commercial banks which are the intermediary financial institutions has become more complex and sophisticated. As a member of Asia Pacific Group on Money Laundering (APG), together with the international community, Vietnam has actively participated in preventing and combating money laundering. Although the legal framework on anti-money laundering in


The Global Economic System is in a Reverse Direction and No One Repaired it

The way money has been handled is directly related to the multiple crises facing humanity. The existence of debt allows domination among social classes, among nations and, consequently, super-exploitation of the human being over nature. This study aimed to question the debt logic, which is the basis of the current global economic system. By observing