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Bhag-Rembhag Sabhala’an as a Method of Resolving Religious Conflicts in the Madura Legal Tradition Safi', Safi'; Aidonojie, Paul Atagamen; Jufri, Muwaffiq; Garunja, Evis
El-Mashlahah Vol 14, No 1 (2024)
Publisher : Sharia Faculty of State Islamic Institute (IAIN) Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23971/el-mashlahah.v14i1.7819

Abstract

Religion-based conflicts often occur in various regions, including Madura. However, there is an interesting conflict resolution, namely through the bhag-rembhag sabhala'an tradition. This research aims to determine the mechanism for resolving religious-based conflicts based on local wisdom through bhag-rembhag sabhala'an which is practiced in Madura. This research uses empirical legal research methods with socio-legal and anthropo-legal approaches, which result in the discussion that: First, the resolution of religious conflicts in the context of national law only focuses on efforts to give verdicts of heresy and guilt to parties who, by the religious majority community, are considered contrary to the understanding of the majority of religious believers, not on efforts to open dialogue and find ways of peace between conflicting communities. Second, the resolution of religious conflicts with the bhag-rembhag sabhala'an emphasises efforts to open dialogue between conflicting adherents by utilising local village figures to find a peaceful way and find a variety of similarities amid striking differences caused by the outbreak of religious conflict. Bhag-rembhag Sabhala'an has long been practised in Madura in the event of differences in understanding and religious conflicts, where humanist and peaceful approaches are preferred over violent ways of resolving conflicts. The real contribution of this research is that the mechanism for resolving religious conflicts based on local wisdom can be the primary choice for parties in resolving religious conflicts. This method prioritises peaceful solutions and respect for religious differences.
Curtailing Male Rape in Nigeria: Legal Issues and Challenges Aidonojie, Paul Atagamen; Antai, Godswill Owoche; John, Damina Joshua; Ibeh, Success; Adebayo, Adesoji Kolawole
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 2 No. 3 (2024): Journal of Sustainable Development and Regulatory Issues
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jsderi.v2i3.43

Abstract

Despite the increasing prevalence and significant impact of male rape on the lives of many men in Nigeria, the issue has received limited attention. This study employs a hybrid research methodology to investigate the occurrences of male rape and the challenges in addressing its incidence in Nigeria. A total of 303 questionnaires were distributed to respondents, and the data were analyzed using descriptive and analytical methods. The findings reveal that male rape is indeed a widespread issue in Nigeria, and the existing legal framework is insufficient to effectively address this problem. Additionally, the study highlights that various legal, social, and psychological factors hinder efforts to reduce male rape in the country. The study concludes by emphasizing that rape is not a crime that exclusively affects women, but also constitutes a violent act against men. Therefore, the Nigerian government and stakeholders within the criminal justice system must take urgent steps, through legal reforms and justice mechanisms, to combat the silent but growing crisis of male rape in Nigerian society.
STANDARISASI BENTUK PRODUK HUKUM SEBAGAI TINDAK LANJUT PUTUSAN MAHKAMAH KONSTITUSI PADA PERKARA PENGUJIAN UNDANG-UNDANG OMNIBUS: Standardisasi Regulasi Tindak Lanjut Putusan Mahkamah Konstitusi pada Perkara Pengujian Undang-Undang Omnibus Jufri, Muwaffiq; Fahmi, Agung Ali; Aidonojie, Paul Atagamen; Asyiqoh, Lin; Ikubanni, Oluwaseye Oluwayomi
Jurnal Konstitusi Vol. 21 No. 3 (2024)
Publisher : Constitutional Court of the Republic of Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31078/jk2132

Abstract

The re-examination of the Job Creation Law in 2023 highlights a serious issue in the national legislative system, specifically the follow-up to the Constitutional Court’s (MK) decisions in judicial review cases (PUU) concerning the Omnibus Law. The urgency of this research stems from the high demand among lawmakers for drafting laws in the omnibus format and the potential for judicial review of such laws. This research contributes to addressing the follow-up to the Constitutional Court’s decisions by focusing on the choice of legislative forms as a response to these rulings. The research employs normative legal methods with conceptual, legislative, and case-based approaches. The findings emphasize the need to standardise the type of regulation to ensure the executability of the Constitutional Court’s decisions. The ideal regulatory form for implementing the Court’s rulings on the Omnibus Law is a law. Therefore, it is necessary to legitimise the use of laws as the standard form of follow-up to the Constitutional Court’s decisions on the Omnibus Law to maximise the executability of these rulings.
The Prospect and Legal Issues of Income Tax in the Nigerian Metaverse Aidonojie, Paul Atagamen; Eregbuonye, Obieshi; Majekodunmi, Afolabi Toyin; Inagbor, Michael E.
TRUNOJOYO LAW REVIEW Vol 6, No 1 (2024): February
Publisher : Faculty of Law University of Trunojoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/tlr.v6i1.23874

Abstract

The Metaverse, a virtual space encompassing augmented reality, virtual reality, and the internet, has witnessed rapid growth, giving rise to complex economic activities. However, it suffices to state that despite the relevance of the metaverse concept in the global terrain, Nigeria, like many nations, could face the challenge of adapting its tax laws to the unique characteristics of the Metaverse. Given this, this study adopts a hybrid method of study to explore the taxation challenges within the Nigerian Metaverse, evaluating the efficacy of current tax laws and regulations in this evolving digital landscape. In this regard, 352 questionnaires were distributed to legal practitioners residing in Nigeria to ascertain their views concerning the sufficiency and deficiency of the existing tax laws regulating the tax issues in the metaverse. The study's findings reveal significant challenges in existing tax laws, including jurisdictional complexities, defining taxable income in virtual environments, identifying entities subject to taxation, enforcing regulations without physical assets, overcoming technology gaps, and ensuring legislative adaptability to digital advancements. These challenges hinder the growth of the Metaverse industry and pose risks in revenue generation within the metaverse operation in Nigeria. It was therefore concluded that there is an urgent need to adapt tax policies to the unique characteristics of the Metaverse in Nigeria. A balance between innovation and regulatory oversight is crucial for sustainable growth in the virtual economy. In this regard, the study recommended clear definitions and classifications of virtual assets, considering international best practices and collaborating with international bodies to establish a comprehensive and adaptive legal framework for taxing Metaverse activities in Nigeria.
Legal Issues Concerning of Data Security and Privacy in Automated Income Tax Systems in Nigeria Aidonojie, Paul Atagamen; Majekodunmi, Toyin Afolabi; Eregbuonye, Obieshi; Ogbemudia, Isaac Ottah
Hang Tuah Law Journal VOLUME 8 ISSUE 1, APRIL 2024
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v8i1.223

Abstract

The adoption of automated income tax systems in Nigeria has ushered in a new era of efficiency and transparency, offering promising prospects for streamlined tax administration. However, the absence of comprehensive data protection legislation and potential cybersecurity threats pose significant challenges. The legal landscape surrounding data security and privacy in the context of automated tax systems necessitating an in-depth exploration of this study. This study aims to analyze the prospects and legal challenges associated with data security and privacy in the implementation of automated income tax systems in Nigeria. The study employs a multi-faceted methodology, combining a thorough review of existing literature and an analysis of relevant legal frameworks. Additionally, 303 questionnaires were distributed to respondents to ascertain insights concerning the prospect of automated income tax and cybersecurity measures in place concerning data security and privacy. The study found that there are several prospects associated with automated income tax systems, including increased efficiency, transparency, and enhanced revenue collection. However, legal challenges are identified, such as the lack of comprehensive data privacy legislation, cybersecurity threats, and control. The study therefore concludes that, while automated income tax systems offer significant benefits, addressing the legal challenges is paramount for their successful implementation. The study recommends the urgent enactment of comprehensive data protection legislation, the implementation of robust cybersecurity measures, and increased public awareness programs. Additionally, guidelines for international data transfer should be established to ensure the privacy and security of taxpayer information.
Rejection of Former Shia Community in Sampang Perspective on Human Rights Law: Discourse of Religious Rights and Freedom in Indonesia Mukhlis, Mukhlis; Jackson-Ortiz, Raphael D.; Jufri, Muwaffiq; Garunja, Evis; Aidonojie, Paul Atagamen
Lex Scientia Law Review Vol 7 No 2 (2023): Justice in Broader Context: Contemporary and Controversial Issues in Indonesia an
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lesrev.v7i2.72156

Abstract

Tajul Muluk and 274 former Shia have not been able to return to their hometowns in Sampang District, even though they have pledged repentance to return to Sunni teachings on November 5, 2020. The formulated research problems consisted of: first, what was the position of former Shia adherents in Sampang District based on the perspective of rights and freedom of religion in Indonesia? And second, what was the form of violation of the right to freedom of religion in the case of community rejection of former Shia in Sampang District? This research utilizes empirical legal research methods combined with sociological and anthropological approaches. The research results concluded: First, the existence of former Shia adherents as refugees should be treated as a violation of the constitutional mandate of Indonesia which forbids acts of violence and violations of religious rights and freedoms, of all Indonesian citizens. Second that they were accused of embracing a deviant religious sect, is evidence to their religious minority status; and third the expulsion of the former Shia adherents was a violation of the right to freedom of religion. which had been regulated in the constitution, laws, and regulations under the constitution and the spirit of the Indonesian nation.
A Facile Study concerning the Legal Issues and Challenges of Herbal Medicine in Nigeria Aidonojie, Paul Atagamen; Aidonojie, Esther Chetachukwu; Edetalehn, Oaihimire Idemudia; Ikubanni, Oluwaseye Oluwayomi; Oyebade, Alade Adeniyi
The Indonesian Journal of International Clinical Legal Education Vol 4 No 4 (2022): Contemporary Issues on Law, Governance, and Regulations
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijicle.v4i4.61641

Abstract

It is apt to state that there have been an increase and the threat of contagious communicable and non-communicable diseases within most countries and Nigeria in particular. The causes of the outbreak are a result of an unhealthy lifestyle and poor scientific laboratory management. However, in search for finding a cure, has resulted in most people relying on herbal products. In this regard, the increasing demand for the herbal products has resulted in unskilled individuals indulging in the production of herbal products. It is concerning this pharmaceutical abnormality that this study tends to utilize a hybrid method of study in ascertaining the dangers, guidelines, and legal regulations concerning poorly processed and manufactured herbal products. In this regard, the study, therefore, employs the use of a hybrid method of research to ascertain if there is compliance with international ethics and guidelines concerning herbal medicine production. An online questionnaire was sent to 313 respondents residing in Nigeria. The study, therefore, found that most individual indulging in herbal medicine production does not observe the international and national ethical guidelines concerning the manufacturing of herbal medicine. The study therefore concluded and recommended that there is a need for the Nigerian Government to through an effective legal framework and regulatory body address scientific and legal issues as it concerns the whole process involved in the production of herbal products
Problems of Legal Implementation of the Criminal Offense of Spreading Fake News and Hate Speech in Papua Budiyanto, Budiyanto; Masum, Ahmad; Aidonojie, Paul Atagamen; Aslan, Jamal
LAW REFORM Vol 20, No 2 (2024)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/lr.v20i2.64881

Abstract

Social media users throughout the world are growing rapidly, to the point where they can cause commotion in society, in this case the state is present to overcome the commotion that occurs through a set of special regulations regarding the spread of fake news and hate speech. However, in law enforcement practices, specifically at the Papua Regional Police, there is still misleading between the limits of freedom of opinion and the offense of spreading fake news and hate speech. This research will analyze the strict limits in law enforcement regarding the criminal offense of spreading fake news and hate speech with freedom of expression in Papua. This research uses normative juridical research methods. The research results show that the problem of spreading fake news and hate speech in Indonesia has been regulated in various regulations, but its implementation still does not provide a sense of justice for victims. Judges' sentences tend to be lower than the demands, so the perpetrator's sentence is still too light. Especially related to actions that cause riots or conflict in Papua. So regarding the offense of spreading fake news and hate speech, it is important to reformulate the formulation regarding prohibited acts, criminal liability, types of punishment, and forms of legal settlement. Special minimum sentences need to be clearly regulated for criminal acts that have an impact on conflict and unrest, such as the crime of spreading fake news and hate speech.
Legal Issues Concerning Compulsory COVID-19 Vaccination: Nigeria as a Case Study Aidonojie, Paul Atagamen; Aidonojie, Esther Chetachukwu; Mulegi, Tom; Eregbuonye , Obieshi
Golden Ratio of Law and Social Policy Review Vol. 3 No. 2 (2024): January - June
Publisher : Manunggal Halim Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52970/grlspr.v3i2.349

Abstract

It is no news that COVID-19 has rendered severe havoc in the global environment. Although, various medical scientists and scholars were able to find a possible curtailment (Through vaccination) of the deadly COVID-19, however, there seems to be fear of the negative medical outcome of being vaccinated with the COVID-19 vaccine, given several claims of the potential danger. Furthermore, it suffices to state that Nigeria has also had its fair share of the COVID-19 pandemic. In this regard, to curtail the spread of COVID-19 in Nigeria, the Nigerian government sorts to make vaccination compulsory, despite the legal and medical rights of its citizens as enshrined in the constitution and judicial precedent. It is in this regard, that this study sort to adopt a hybrid method of study concerning the legal issues of compulsory vaccination in Nigeria. Concerning this, 310 questionnaires were sent to respondents residing in Nigeria. The study therefore found that there were incidences of COVID-19 in Nigeria and there are laws concerning the control of infectious disease in Nigeria. However, the study further found that it is a legal misnomer to compel an individual forcefully against his/her wishes to be vaccinated. Therefore, the study concludes and recommends that for effective vaccination against COVID-19, the Nigerian government needs to avoid forceful vaccination, but rather a wide sensitization concerning the vaccine's potency as against the negative claim concerning the COVID-19 vaccine. 
The Innovative concept and Issues Concerning the Non-Custodial Sentence in Nigerian Criminal Justice System Oaihimire, Idemudia Edetalehn; Aidonojie, Paul Atagamen
Law Development Journal Vol 5, No 3 (2023): September 2023
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.5.3.358-379

Abstract

It is apt to state that the challenges currently encountered in the Nigerian criminal justice system, is that the Nigerian correctional centers are densely populated with awaiting trial suspects and in a highly deplorable condition. In a renewed effort to attend to the Nigerian correctional centres' appalling state, the National Assembly enacted the Administration of Criminal Justice Act (ACJA) 2015 and the Nigerian Correctional Services Act (NCSA) 2019. These laws are meant to promote the efficient management of the criminal justice system and to address issues (such as a non-custodial sentence) that were not hitherto covered under the repealed Nigerian Prisons Act, in line with the internationally accepted standards. However, despite the innovation brought by these laws, there are some challenges affecting its smooth implementation. It is in this regard, that this study tends to embark on a hybrid method of study in ascertaining the relevance of non-custodial sentences in Nigeria's criminal justice system laws and its challenges. Questionnaires were sent to 327 of respondents, descriptive and analytical methods were used in analyzing the data generated. The study, therefore, found that the introduction of a non-custodian sentence has greatly enhanced the Nigerian criminal justice system. Although, there are several challenges (such as; the discretion of the judges, lack of facilities for the successful enforcement of non-custodial sentences, and corrupt practices) mitigating against its smooth implementation. It was therefore concluded and recommended that embracing non-custodial sentencing will reduce prison reception and minimize the enormous government resources in maintaining the prison infrastructure and the prisoners. In this regard, there is a need for a redress of the challenges mitigating the smooth application of non-custodian sentences in Nigeria's criminal Justice System.