Friday, October 23, 2020
International Journal of Law, Humanities & Social Science

ISSN(ONLINE) :2521-0793
ISSN :(PRINT) :2521-0785

Volume 4 - Issue 3

Research Area: Education
Title: TEACHERS’ PERCEPTION OF PSYCHOLOGICAL FACTORS INFLUENCING ACADEMIC PERFORMANCE IN PUBLIC PRIMARY SCHOOLS IN HAMISI SUB COUNTY, KENYA
Keywords: Academic Achievement; Academic Performance; Educational Attainment; Perception; Psychological Factors
Author(s): Ayodi Peter Isabwa and Dr. Moses Poipoi
Author’s Institution: Mount Kenya University, Kenya 

Abstract: The study investigated teachers’ perception of psychological factors influence on the academic performance of the pupils in public primary schools in Hamisi Sub-County, Kenya. A descriptive survey design was used while simple random sampling was used to get a sample size of 36 schools, 275 pupils and 110 teachers. Data were collected using interview schedules and questionnaires. Pearson’s Correlation test was conducted to determine the significance of linear correlations between pupils’ academic performance and psychological factors(r>0.5). The study findings revealed that there was a strong positive correlation between the psychological factors affecting learners and their academic performance. Therefore, teachers perceived psychological factors had an influence on pupils’ academic performance. It is hoped that the findings of the study may help teachers; the ministry of education and curriculum developers understand the effects of psychological factors on pupils’ academic performance. The study recommends that guidance and counselling programs to be intensified and more staff and resources be allocated to guiding and counselling programs in these schools.

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Research Area: Corporate Social Responsibility
Title: THE CORPORATE SOCIAL RESPONSIBILITY: LEGISLATIVE PROVISION IN MAURITIUS
Keywords: CSR in Mauritius, CSR and Priority Areas, Focus Areas of CSR, Amendments to the Income Tax Act of Mauritius, National CSR Foundation in Mauritius
Author(s): Ambareen Beebeejaun
Author’s Institution: University of Mauritius, Reduit, Mauritius

Abstract: The concept of corporate social responsibility (CSR) has been the subject of long-standing debate amongst scholars who have differing views on whether or not companies need to expend capital that rightly belongs to shareholders to address concerns relating to society and the environment. Too often, business enterprises have viewed CSR as just another source of pressure and in this light, the box-ticking approach is adopted without really addressing the concerns which the CSR contributions are geared to remedy. In this light, Mauritius has enacted legislative provisions on CSR in 2016 to include some priority areas of intervention towards which CSR funds will be utilised. The amended legislation has also come up with a new system of CSR funds collection which this paper aims to analyse in-depth with a view to identify loopholes in the present system and to suggest possible recommendations. The methodologies adopted for the study are the black letter approach by analysing laws and regulations on CSR, and the socio-legal analysis by conducting interviews with the directors of the top fifteen companies on the official list of the Stock Exchange of Mauritius as at 31st March 2017. A brief comparative study is also carried out on the CSR governance framework of another country and the selected jurisdiction is the US. The research concludes that there is a lack of confidence and transparency among stakeholders regarding the manner in which CSR funds are allocated and used in Mauritius. This study is amongst the limited researches carried out on CSR in Mauritius and may be of use to government and other authorities to enhance the existing CSR legislative framework in the country. 

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Research Area: Law
Title: ALIMONY, LEGAL LIABILITY AS WELL AS SOCIAL: ALBANIAN CASE
Keywords: Nutrition Obligation, Parent, Child, Family, Family Code
Author(s): Dr. Evis Garunja
Author’s Institution: University “Aleksander Moisiu”, Durres/Albania

Abstract: Albanian legislation establishes the legal framework that guarantees, protects and solves family disputes. According to the Constitution, Albanian Family Code protect minors and their best interests, relationship with their parents, the right for good upbringing and education. It is a legal responsibility as a social, economic and emotional one from the parent’s side towards their children and vice versa. Separation, divorce, migration, abandonment of minors or elderly peoples are associated with lack and indifference on fulfilling the legal obligations towards the family, especially in the case of minors or elderlies. The article is focused on these cross-breeding responsibilities between generations, parents to their children and children to elderly parents. Parent’s divorce has produced a defaulting and debtor parent towards children just as children who abandon their parents because they live abroad. The relations and problems among them are part of this analysis of the legal and social plan.

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Research Area: Environmental Law
Title: LEGAL IMPLICATIONS FOR THE REGULATORY ENFORCEMENT OF THE PATTERNS OF CENTRAL AND LOCAL GOVERNMENT RELATIONS IN THE FIELD OF FORESTRY
Keywords: Forestry, Central and Local Government, Legal Implications, Regulation
Author(s): Roziqin, Tunggul Anshari, Moh. Effendy, and  Herman Suryokomoro
Author’s Institution: Brawijaya University, Malang, Indonesia; and Lambung Mangkurat University, Malang, Indonesia 

Abstract: The purpose of this study is to determine whether the legal implications of the implementation of the regulation of the relationship between the Central and Regional Government in the forestry sector at this time. This research is normative legal research with several approaches including the law approach, concept approach, historical approach, case approach, and philosophical approach. Legal material analysis techniques are carried out in perspective. The results of the study indicate that the current regulations in the forestry sector are inconsistent in regulating the relationship between the central and regional authorities, Article 18 paragraph (5) of the 1945 Constitution of the Republic of Indonesia, requiring regional governments to exercise as much autonomy as possible, except for other matters that are determined as central government affairs. In the perspective of regional autonomy, the principles of managing forest resources must reflect the nuances of the economy of the community to manage forest resources, as stipulated in the Law of the Republic of Indonesia Number 23 of 2014 concerning Regional Government, not just transferring the authority of affairs to the Regional Government, but more than that is the surrender of autonomous management of forest resources to local communities, especially local indigenous communities as manifestation of the paradigm of community-based forest resource management.

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Research Area: Environmental Law, Water Law
Title: LEGAL IMPLICATIONS OF THE NORMS CONFLICT IN THE GOVERNANCE REGULATION OF THE WATER RESOURCES
Keywords: Water Resource, Legal Implication, Regulation, Governance
Author(s): Indro Budiono, Moh. Bakri, Moh. Fadli, and Imam Koeswahyono
Author’s Institution: Brawijaya University, Malang, Indonesia 

Abstract: Arrangements for water resources or irrigation governance designs from the colonial era to the reform order always cause controversies and problems. In physiological issues, there is no known change in the meaning of water as a public good being a private good. Theoretical problems, the basis for the design theory of management of chaotic water resources is in line with the existence of law 17 of 2019 concerning water resources. The purpose of this study is to analyze and find the implications of norm conflicts in water resources governance arrangements, both vertically between Law 17 of 2019 on Water Resources with Article 33 (2) and (3) with the 1945 NRI Law, and horizontally with RI Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles. This research uses normative legal research methods with various approaches, including the statute approach, historical approach and conceptual approach. The analytic technique of this research is using an investigation strategy. The results showed that 1) That the article in Law No. 17 of 2019 shows that the production branches that are important for the State that controls the public interest cannot be controlled by the State, therefore the article in Law No. 17 Hold 2019 is contrary to Article 33 paragraph (2) and (3) of the 1945 Constitution of the Republic of Indonesia cause that water is a State asset and national assets can be used not so much for the prosperity of the people, therefore article 46 paragraph (1), Article 47, Article 48, Article 49, Article 51, Article 52 Law No.17 of 2019 is contrary to Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia.

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Research Area: Social Science
Title: THE RIGHT TO EDUCATION OF CHILDREN WITH DISABILITIES IN MAURITIUS: AN ASSESSMENT OF THE STATUS OF EDUCATION
Keywords: Education, Children, Mauritius
Author(s): Amar Roopanand Mahadew and Keshini Mootooveeren
Author’s Institution: University of Mauritius, Mauritius 

Abstract: This article aims to assess the status of the right to education of children with disabilities in Mauritius. Today countries are much concerned with achieving what is coined as ‘Quality’ or ‘World Class Education’. Mauritius as well is present in the quest to deliver the best education to its citizens. In this essence, new blue-prints are injected into the current educational trends to meet the ever-demanding needs- for instance in terms of adherence to technology. Like all children, those with disabilities are also concerned when it comes to the enjoyment of the right to education. The international and regional instruments to which Mauritius is a party binds it to protect and promote human rights including the right to education of children with special needs. Likewise, these children require special care and attention, along with schools equipped with the proper facilities. Though appalling, given the fact that we do not have alternative educational programmes for children with disabilities, some are left with no choice than to attend day-care centres. In this way, many children suffering from physical and mental impairments are deprived of their right to education. To this effect, the training of educators to teach children with disabilities and the provision of adequate facilities in schools should be prioritised. The protection and promotion of the right to education of all children including those with disabilities are vital for our economy. In an initial phase, the funding required may appear to be colossal. However, on an annual basis if budget funds are injected- the full realisation of the right to education of children with disabilities will be achieved. As a developing State, Mauritius needs to constantly vie for supremacy for the promotion and protection of the right to education of children with disabilities both in terms of financing and undertaking of legislative steps.

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Research Area: Law
Title: THE CONSTRUCTION MEANING OF CORPORATE SOCIAL RESPONSIBILITY AS A LEGAL OBLIGATION IN LIMITED COMPANY LAW
Keywords: Corporate Social Responsibility, Legal Obligations, Welfare
Author(s): Dulman, Abd. Rachmad Budiono, Iwan Permadi, and Ahmad Syaufi
Author’s Institution: Mangkurat University, Malang, Indonesia 

Abstract: The purpose of this research is to analyze and determine the meaning of corporate social responsibility as a legal obligation to the company according to Article 74 of Law No. 40 of 2007 concerning Limited Liability Companies (UUPT). This type of legal research is doctrinal research using the short term (statute and pro) and short concept (conceptual and pro). From the results of the research, it can be found that philosophically the existence of corporate social responsibility (CSR) as stipulated in Article 74 paragraph (1) of Law Number 40 Year 2007 concerning Limited Liability Companies is very closely related to the goals and functions of the Indonesian state in a form that is expressly stated in paragraph IV of the Preamble of the 1945 Constitution of the Republic of Indonesia, one of which is to advance public welfare. To achieve that, all the Indonesian Nation is guided by Pancasila as the Nation’s Life View. The Indonesian people will not be able to achieve the goals they have dreamed of without the noble values that they uphold as a way of life, namely Pancasila. In this case, the implementation of CSR obligations is carried out to realize the objectives and functions of the state under Pancasila. Socially, the existence of CSR is a legal responsibility that is based on the values of benefits that will be accepted by the community. CSR can be used as a means to empower the poor. Even the implementation of CSR to the community through the utilization of potential social capital can be used as an alternative to empowering the poor in Indonesia.

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Research Area: Law
Title: SHIFTING OF WORK CONTRACT SYSTEMS TO MINING BUSINESS LICENSES: BUREAUCRATIC EFFICIENCY AND CUSTOMARY LAW COMMUNITIES IN MINERAL AND COAL MINING IN INDONESIA
Keywords:Law and Public Policy, Investment, Dispute Resolution, Mineral and Coal, Customary Law Community
Author(s): Isharyanto
Author’s Institution: Sebelas Maret University, Indonesia

Abstract: The purpose of this research is to analyze and determine the meaning of corporate social responsibility as a legal obligation to the company according to Article 74 of Law No. 40 of 2007 concerning Limited Liability Companies (UUPT). This type of legal research is doctrinal research using the short term (statute and pro) and short concept (conceptual and pro). From the results of the research, it can be found that philosophically the existence of corporate social responsibility (CSR) as stipulated in Article 74 paragraph (1) of Law Number 40 Year 2007 concerning Limited Liability Companies is very closely related to the goals and functions of the Indonesian state in a form that is expressly stated in paragraph IV of the Preamble of the 1945 Constitution of the Republic of Indonesia, one of which is to advance public welfare. To achieve that, all the Indonesian Nation is guided by Pancasila as the Nation’s Life View. The Indonesian people will not be able to achieve the goals they have dreamed of without the noble values that they uphold as a way of life, namely Pancasila. In this case, the implementation of CSR obligations is carried out to realize the objectives and functions of the state under Pancasila. Socially, the existence of CSR is a legal responsibility that is based on the values of benefits that will be accepted by the community. CSR can be used as a means to empower the poor. Even the implementation of CSR to the community through the utilization of potential social capital can be used as an alternative to empowering the poor in Indonesia.

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