European Journal of Social Sciences

Volume 54 No 3
March, 2017
The Political Role of the Non-Arab Woman in Andalusia “Selected Models”
283-300
Mohammed Turki Mohammed Ashatanawi
 
Abstract:
This study came to illustrate the role played by a sample of the Non-Arab Woman in the Political life in Andalusia, especially after the marriage from bondwomen and captured women became common at the public, rulers, Princes and caliphs.
Mothers of children had a great impact on rulers and responsibles, and started participating in the political incidents, either visibly apparent or implicitly concealed. This role had started since the reign of the first ruler of Analusia, Abdel Aziz Bin Mousa Bin Nuseir, and continued in the age of the Emirate then the Caliphate, and also in the reign of Sects’ Monarchs.
This study had been confined to taking selected models of Non-Arab Women, they had a clear role in the political life, represented in four women they are: Agelona, Taroob, Subh, and I’timad Ar-Ramikia.
Keywords: Andalusia, Bondwomen, Woman Intervention, period of (rule), Caliphate.
 
 
Impact of Green Open Space Policy Implementation for Environment (Case Study: the City Cirebon)
301-315
Erna
 
Abstract:
Due to land conversion and urbanization affect environmental functions imbalances that need to be made of green open spaces in order to neutralize the negative impact of development on the environment. The purpose of this study to determine the implementation of green open space in the city of Cirebon and its impact on the environment. The method used is descriptive quantitative method. Data collection technique used observation and documentation. Analysis of data using frequency tables. The results showed that the implementation of green open space public in the city of Cirebon, only about nine percent of the impact on the environment including high rainfall intensity can cause flooding because there is no vegetation to absorb rain water and high temperatures during the day and the volume of vehicles cause the temperature gets hot, noisy and dust, therefore still needed eleven percent more targeted procurement of green open space public in the city of Cirebon to comply with the policies in the law No. 26 of 2007 in order to decrease the micro-climate for green open space can produce O2 and absorb CO2 during the day so that residents of the city of Cirebon can work more comfortably.
Keywords: urbanization, construction, green open space, environment.
 
 
An Investigating on the Purchase Intention: Developing Dealers Reputation through Customer Trust and Service Quality
316-331
Sri Widyastuti, Hendro Prasetyo, Irvandi Gustari
 
Abstract:
Demand for automotive products in Indonesian market is quite high, being one of the reasons why automotive companies have sprung up in Indonesia and presented more competitive products and services. However, for a company as a dealer, there is a question whether it is able to raise consumer confidence by providing service quality aimed at encouraging customers to increase their purchase intention with after-purchase services. Another question is whether the company can develop a positive reputation as a dealer who gives confidence and the best service. This research was conducted through a questionnaire distributed to 250 subscribers of Prima Honda Dealer in Jakarta. The research method is descriptive verification and data processing is using SEM. The results show that the company is able to develop the intermediary’s reputation through customer confidence and service quality provided to customers. In addition, the company is able to establish the trust and service quality which affect purchase intention through the development of positive intermediary’s reputation. Purchase intention through after-sales service is gained by customers through regular service maintenance in accordance with standards, the ability of its top engineers, professional Service Advisor, corrective settlement which is in accordance with the specified time, and reliable equipment.
Keywords: trust, service quality, reputation, purchase intention.
 
 
The Justice Against Sponsors of Terrorism Act (JASTA) and Orthodoxies of International Law
332-345
Mekhled Erkhyees Al-Tarawneh and Yaser Yousef Khalaileh
 
Abstract:
After years of deliberations, involving both the Senate and the House of Representatives, the U.S. has recently adopted a new law called the Justice Against Sponsors of Terrorism Act (JASTA). This law was enacted despite the veto of former President Obama on September, 23rd. The American Congress has chosen to override Obama’s veto for the first time in his eight years in office, considering JASTA as an essential step to the deterrence of international terrorism on American soil and a guarantee of justice to those who have suffered at the hands of terrorists.
Existing U.S. Laws (specifically the U.S. Federal Judicial Act (FJA); the U.S. Foreign Sovereign Immunities Act (FSIA); and the U.S. Anti-Terrorism and Effective Death Penalty Act (ATEDPA) do not permit federal courts to hear or even admit any lawsuits against foreign countries in respect to civil claims for injuries, death, or damages from an act of international terrorism. However, the new act seems to narrow the scope of foreign sovereign immunity before US courts and enable federal courts to waive the sovereign immunity of foreign states. It also allows American nationals, who are affected by any terrorist acts, particularly the victims of the 9/11 attacks and their relatives, to file lawsuits against the accused states for allegedly aiding the hijackers and supporting their terrorist acts.
JASTA does not single out any specific country for its provisions and it breaches the sovereign immunity for any government that is implicated in an “act of international terrorism in the US” on or after September 11, 2001. The law has negative impact not only on state sovereignty principle, but also on other principles such as the supremacy of international law over domestic law and the principle of personal criminal responsibility. Moreover, the implementation of this law by U.S. courts will likely undermine the relation of the US with other foreign countries.
This article seeks to clarify that JASTA will have a negative impact that alarms of the possibility of accepting similar laws worldwide in an analogous action/s against the US itself on the ground of reciprocity principle. It is also likely to weaken the principle of sovereign immunity of states, which has been part of customary international legal norms for a prolonged time. Therefore, JASTA, as this article illustrates, has been subject to critics from many countries around the world, organizations and senior US officials as it is perceived to be a blatant violation of the rules of international law. International media pinpointed the government of Saudi Arabia as the foremost possible expected JASTA defendant, as it has been publicly accused for being complicit in terrorist acts particularly 9/11 attacks. This has caused an uproar in Saudi Arabia and other GCC countries which all together strongly condemned the enactment of this law.
This article deals with the issues relating to JASTA from international law perspective. It argues whether this law promises to wreck some tenets of the international law, and its validity. In addressing this topic and its relevant ramifications, the article will be divided into three main sections; section one discusses the possible legal repercussions of JASTA; section two deals with the national and international perceptions of JASTA and the last section concentrates on the challenges to the sovereign immunity principle.
Keywords: JASTA, Sovereignty, Immunity, State Immunity, Terrorism, Foreign States, International Law, Jurisdiction
 
Accountability in Politics – The Case of Greece
346-351
Spyridon Repousis
 
Abstract:
In democracies, elections are the primary mechanism for disciplining public officials, but they are not sufficient. Separation of powers between executive and legislative bodies also helps preventing the abuse of power, but only with appropriate checks and balances.To increase accountability in politics, Greece must fully implement the ‘Business Principles for Countering Bribery’ released by Transparency International, which aims to engage the private sector in anti-corruption efforts. An anti-corruption program should also target areas such as political contributions, PEPs, charitable contributions and sponsorships, gifts, hospitality, and expenses. Moreover, Greece has to update its anti-corruption laws, perhaps by considering implementing a regulation like the UK Bribery Act. There is a need for implementation of a regulatory framework and reforms about disclosure of funding sources and bans on foreign donations in Greek political parties and the introduction of a code of ethics for ministers and lawmakers. In Greece, main sources of revenues for political parties are public subsidies and bank loans.
Greek parties first have to follow an accounting system based on revenues and expenditures financial statements annually and publish them each year. Especially during election period, have to publish revenues and expenditures financial statements two months after elections (Law 3023/2002). But this is not really happening up to now. Another solution for increasing accountability in Greek public subsidies is been given to candidates or Member of Parliament rather than to political parties. Members of parliament should be free to make independent judgments that reflect constituency preferences and the common good rather than be influenced by particular groups.
There must be also a collective ministerial responsibility which means that all members of the Ministry must be collectively responsible for carrying out the government’s policies as established by the Cabinet. To increase accountability, they must work in close consultation with their ministerial colleagues. This is the foundation of a key constitutional convention known as Cabinet solidarity.
Ministerial accountability to Greek Parliament does not mean that a Greek Minister is presumed to have knowledge of every matter that occurs within his or her department or portfolio, nor that the Minister is necessarily required to accept blame for every matter.
Finally, there must be also implemented a Conflict of Interest Act for Ministers and Parliamentary Secretaries to uphold the highest ethical standards so that public confidence and trust in the integrity and impartiality of government are maintained and enhanced. The more accountable a real-existing democracy is, the higher will be the quality of its performance.
Keywords: Greece, political accountability, Paper Type: Discussion paper
 
 
Perception and Behavior Community Institution Broadcasting Community Radio Madu FM: In Arena Contestation Broadcasting
352-362
Redi Panuju, Agus Sholahuddin and Samsul Wahidin
 
Abstract:
This study aims to describe and analyze the community's perception Community Broadcasting Institution Radio Madu FM Campur Darat Tulungagung in the arena of contestation broadcasting, and to describe and analyze the behavior of community broadcaster’s community Radio Madu Campur Darat Tulungagung as a result of perceptions of the contestation broadcasting. This study used a qualitative approach. Informants in this study is the Officers and members of the Association Community Broadcasting Institution Radio Madu FM Campur Darat Tulungagung, East Java. Community Broadcasting Institution Radio Madu FM perceive that the contestation of community radio broadcasting consequences of marginalization by the state through broadcasting laws and regulations governing community radio. Madu FM considers itself that the boarding school is the center of politics and uphold the government (ulul amri), then anything that does not meant revolt, but merely maintain the viability of their communities. Behavior Institute for Community Broadcasting Radio Madu FM consistent with perceptions about the contestation of broadcasting, in particular in accordance with the ideas they have. Ability to manage broadcasters (release management) demonstrated through management principles that are usually carried out by private broadcasting institutions. Community radio broadcasting is determined on the loyalty of the community as a listener, then in the preparation of Madu FM broadcast format is very expensive aspirations of the people. The event program is seen as an event format that should suit the interest of the listener. In order to develop their communities, Madu FM conduct activities that may involve various groups, from youth to adulthood and in order to improve the quality of their communities, Madu FM conduct training activities, as well as counseling. And in order to expand his audience Madu FM promoted through the exhibition.
Keywords: Contestation Broadcasting, Community Behavior, Perception.
 
 
Mortgage of who lost Possession Retroactively Study in the UAE Civil Transactions Law No. 5 of 1985, amended.
363-377
Salih Ahmed Luhaibi
 
Abstract:
The person may be the owner of a property or property in kind right then he mortgage this property, then thereafter and during the existence of the mortgage and prior the maturity of the debt, his ownership to the property was retroactively demised. He shall be deemed not to have been once the owner of the mortgaged property, such as the demise of the ownership of mortgagor - the buyer – to the mortgaged property impact retroactively for invalidity of sales (title-deed). The question that arises thereafter, what is the judgment of whatsoever made by this person, who in accordance with the retroactive effect that he has never been the owner of the mortgaged property? What is the fate of the mortgage creditor's rights? What is the mortgagor relationship – non- owner – to the mortgagee? What is the real owner relationship to the mortgagor?
Keywords:
 
 
Conciliation As a Dispute Resolution Means in Emirati Law Analytical study under the Newly Conciliation Enacted Law of 2016
378-395
Bakr A. F. Al-Serhan
 
Abstract:
The Emirati legislator has recently, in October 2016, adopted a law regulating conciliation as a dispute resolution means. This law, which has come into force in January 2017, states among other things that, where certain conditions are established, no case is to be filed in courts of law if it was not brought before conciliation centres, which were newly established by the law. This study is set to address the regulation imposed by this law. Assessment is made to all matters in question in the newly adopted regulation. The study ends at adopting more than one recommendation that can be taken into account by the Emirati legislator regarding the adopted regulation. These recommendations aim at achieving a higher level of justice, which is of importance to support the use of conciliation as a dispute resolution means under the law in question.
Keywords: Conciliation; Emirati Law; Alternative dispute resolution means.
 
 
Migration, an Alternative to Bring Resilience for Coastal Bangladesh: Napitkhali Village Experience
396-405
Sohela Mustari and A.H.M. Zehadul Karim
 
Abstract:
This article tries to show migration as an alternative, among many other alternatives, to establish resilience in a vulnerable coastal society of Bangladesh. This article thus highlights of social resilience in relation to the concept of migration that the coastal villagers conduct to bring stability in their social life. The research collected basic demographic data of the villagers of Napitkhali by using a simple survey. In addition, a total of 30 in-depth interviews with the villagers and professionals were conducted to have the depth information of the nature of migration and resiliency of the villagers. Apart from these, three Focus Group Discussions (FGDs) with the villagers also were conducted by the researcher(s) which undoubtedly establishes a link between migration and resilience. This article thus examines a few key points of migration in a coastal village of Bangladesh named Napitkhali of Satkhira district and finds that migration among the villagers mostly takes place seasonally for a temporary period. Moreover, mostly young male or the household head goes for migration to support their family. Finally, this article establishes that this migration is able to bring stability in their economic life which helps them to be resilient in their everyday life as well.
Keywords: Migration, Resilience, Coastal Village, Asia, Bangladesh.