Analysis Of Law Research Articles

Legal Analysis of the Consumer Protection Law in the Promotion of Alcohol with Ethnic and Religious Elements by Holywings on Instagram

Promotional efforts are crucial to a company's marketing strategy. However, Holywings' promotion offering free alcoholic beverages to individuals named Muhammad and Maria violates Law Number 1 of 2024 on electronic information and transactions, specifically Article 28, paragraph 2. This article prohibits spreading information that incites hatred or enmity based on ethnicity, religion, race, and inter-group distinctions (SARA). This research analyzes promotion regulations under this law and the responsibilities of businesses concerning promotions involving ethnic and religious elements, as outlined in Law Number 8 of 1999 on Consumer Protection. Using a normative juridical approach, this study examines literature, secondary data, and statutes to address the legal issues. The research employs qualitative analysis to systematically gather and analyze data, aiming to compile relevant theories, concepts, legal principles, and regulations. The result indicate that legal protection for consumers regarding promotions with ethnic and religious elements is upheld by Article 4, letter g of the Consumer Protection Law, ensuring fair, honest, and non-discriminatory treatment. Additionally, Article 17, Paragraph 1, Letter f prohibits business actors from engaging in such advertising, while Articles 19 and 20 outline their accountability.

Il giudice, le parti e la prova nel sistema di giudizio penale italiano: contributo alla riforma in Brasile

With the judgment of ADIs nº. 6,298, 6,299, 6,300 and 6,305, by the STF’s Plenary, a clear resistance was expressed to a criminal process marked by accusatory characteristics in Brazil. Given the historical-legislative affinity of the Brazilian criminal process with Italy and the fact that the reform to the Italian accusatory model presented issues similar to those raised in the aforementioned judgment, gains relevance understanding how the judge, the parties and the evidence articulate themselves on the current Italian model. To this end, through the analysis of the Italian positive law faced with doctrinal perspectives on the pertinent topics, the relationships between the organization of the proof initiative and dispositive principle, “double acts”, free conviction of the judge, impartiality of the judge, procedural contradiction and agreements on the content of the procedural records are described.

Definition of the concept of «virtual assets»: a comparative analysis of legislation and judicial practise of the European Union Countries

The article analyzes the essence and legal nature of the concept of «virtual assets» as reflected in the legislation and case law of the EU countries. The value of the article lies in the study and legal analysis of the EU laws and case law regulating and defining the concept of «virtual assets». This article examines the main legislative acts regulating virtual assets, as well as important court decisions that affect the definition of this concept. Special attention is paid to the comparative analysis of laws and court practice in such EU countries as Poland, Italy, Estonia, Lithuania, Germany, etc. The article highlights the variety of approaches to the definition of «virtual assets» through the prism of analysis of court decisions and provisions of laws. The main trends in the interpretation of this concept are outlined, as well as some problematic issues that require detailed and unified regulation. In some countries, virtual assets are treated as financial instruments, means of payment, electronic money, financial services, intangible goods, subject to civil rights, etc., while other countries, on the contrary, do not classify them as either financial instruments or means of payment.Having analyzed the regulation of virtual assets, it can be concluded that there is still no clear, unified approach to defining and regulating this phenomenon, so many countries are only trying to establish it. The adoption of the Markets in Crypto-Assets Regulation will help to create a unified regulatory framework for the regulation of the crypto-assets market. Key words: virtual assets, virtual currency, EU case law, EU legislation, crypto assets, money, financial instruments.

Study on the Criminal Law Protection of Virtual Property

With the advent of the network era, more and more criminal cases involving virtual property have occurred. The protection of virtual property has become an issue of urgent concern to the legal profession. However, the current reality is that in the legal regulations and theoretical practice, there is no accurate legal qualification of virtual property. It is urgent and necessary to analyse the legal nature of the virtual property and the corresponding legal interests. At the same time, the criminal law research and protection of the relevant infringement on the basis of the related normative elements have also become one of the urgent issues at the present time. Based on the above, this paper researches and analyses the legal attributes of virtual property in the criminal law protection of virtual property by using the research methods of normative analysis, comparative research and case study. At the same time take into account the inadequacy of the criminal law protection research and analysis. Finally, it provides recommendations for the protection of virtual property in criminal law in the areas of legislation, justice, international cooperation and technical means.

The Revised Product Liability Directive: A Law and Economics Analysis

Abstract On 12 March 2024, the European Parliament adopted the text for revising the current Product Liability Directive (revised PLD), which was implemented in 1985. The revised PLD adapted the rules for the damage caused by defective products for the challenges from digitalisation, the circular economy and international supply chains. In particular, the new rules aim to ensure that new technologies, such as AI, could be well reflected, so that residents in the European Union could be effectively protected. Conventionally, a law and economics analysis has played a crucial role in shaping product liability. The objective of this paper is to discuss the major changes in the revised PLD via the lens of insights of law and economics. In specific, we focus on the influence of these changes on multiple key elements, including deterrence effect, risk-shifting and local preferences.

Some Problems of Imposition of Punishment on Minors: A Comparative Analysis of Laws of Russia and England

Some Problems of Imposition of Punishment on Minors: A Comparative Analysis of Laws of Russia and England

Tinjauan Yuridis Penerapan Hukuman Terhadap Pelaku Tindak Pidana Penganiayaan Hewan

This research aims to find out and provide an explanation of how criminal sanctions are applied to protect animal abuse in Indonesia and to find out and provide an explanation of how criminal sanctions are imposed on perpetrators of animal abuse. This research uses the Normative Juridical method. Legal sources are collected from primary data such as laws and Supreme Court decisions, secondary data such as books and scientific journals, and tertiary data such as legal dictionaries. Data collection techniques are through literature study, while legal data processing is through presentation, interpretation, analysis and systematization of applicable laws. Legal analysis is carried out comprehensively and descriptively to explain the problems studied. The results of this research show that the Indonesian Government, through the Criminal Law Law and Law No. 18 of 2009 which was amended by Law No. 41 of 2014, emphasizes the importance of treating animals well. These laws aim to protect animals and ensure their use is done ethically and responsibly. With the main principle of Respectful Treatment, Animals must be treated well and not harmed. Animal Welfare: Animals' physical, mental and emotional needs must be considered, including providing a safe environment and sufficient food. Avoiding Overexploitation, Animals should not be used excessively for the benefit of humans. Protection from Inappropriate Treatment, Animals must be protected from violence and torture. This law aims to maintain animal welfare, respect ethical values, maintain ecosystem balance, and protect public health from diseases that can spread from animals.

Regulations on Diversion in the Settlement of Children in Conflict with the Law: A Comparative Analysis of Positive Law and Islamic Criminal Law

Regulations on Diversion in the Settlement of Children in Conflict with the Law: A Comparative Analysis of Positive Law and Islamic Criminal Law

The volunteer movement as a tool for strengthening civil solidarity in wartime Authors

The volunteer movement is an important tool in strengthening civil solidarity, especially in times of war. The aim of the study is to determine and analyze the role of the volunteer movement in strengthening civil solidarity in times of war. The research used methods such as normative dogmatics, historical analysis of law, comparative law, the method of alternatives, as well as the method of analysis and synthesis. The research found that volunteer initiatives help to mobilize citizens to provide assistance and support to combatants and victims, as well as to strengthen social solidarity. Ways and examples of strengthening the volunteer movement, improving it in line with world standards, were considered. Conclusions. Successful coordination and cooperation between volunteers, civil society and the state are essential to maximize the effectiveness and efficiency of efforts in responding to military conflicts and in shaping the image of the state.

Building a Robust Federalism in India: Constitutional Provisions, Practical Challenges, and Pathways to Overcome

This study explores the intricacies of India's federalism, examining both the actual challenges encountered in implementing the system and the legal structure that establishes and governs it. The Indian Constitution aims to establish a balance of authority and responsibility between the central and state governments. It combines unique characteristics of unitary government with federal government. This study looks at the key constitutional provisions and amendments that specify the organizational structure of the federal government, including the division of legislative power, budgetary relationships, and administrative processes. Federalism cannot actually be implemented in India due to significant barriers, despite a constitution designed to maintain a careful balance. Administrative inefficiencies, political tensions, and economic disparities sometimes lead to strained relations between centers and states. This essay looks at these problems, highlighting instances of conflict and cooperation between different levels of government. This study aims to understand the evolution of Indian federalism by a critical analysis of case laws, policy decisions, and intergovernmental discussions. The paper also covers the effects of regionalism, coalition politics, and economic liberalization on the federal framework. The study aims to provide a comprehensive understanding of the practical aspects of constitutional federalism and the necessary modifications to enhance its efficacy by means of an examination of these characteristics. The findings underscore the necessity of continuous deliberation and adaptation to ensure that India's federalism is resilient and responsive to the aspirations of its diverse citizenry.

Comparação das leis de educação ambiental do Brasil e da Bolívia

The present work shows the main laws of Bolivia and Brazil that include environmental education in their texts and establishes a comparison between them. In the methodology of micro comparison of law, it was sought how to perform the textual classification for the analysis of laws of a specific theme and it was made use of the organization of keywords in word clouds. The results obtained were that the laws of both Brazil and Bolivia have differences in the approach to the theme of environmental education, with the National Policy of Environmental Education of Brazil being the most explanatory and complete text in its guidelines for the theme, while the Bolivian laws value the concept of Living Well in harmony with the different peoples of the country and the law that most fosters the dissemination of environmental education is law 1333 of Environment.

Is Early Marriage a Problem in Indonesia? Maqāṣid Al-Sharī‘ah, Economic and Quadruple Helix Analysis

Early marriage is a contributing factor to low levels of health, education, and family welfare. Early marriage is a worldwide occurrence that warrants the attention of all stakeholders, including UNICEF. The objective of this study is to address the issue of early marriage in Indonesia by employing the quadruple helix approach and doing legal and economic analysis to effectively reduce the prevalence of early marriages. The author employed a type of normative juridical study that incorporated both national law and the Islamic legal method approach known as maqāṣid al-sharī‘ah. This was done by utilizing the quadruple helix and economic analysis of law (EAL) theory. Ultimately, early marriage is influenced by ineffective regulations as well as cultural, economic, and educational factors. To address this issue, it is crucial to establish a strong collaboration between academics, businesses, government, and society. Additionally, raising awareness among the public about the benefits of delaying marriage until the appropriate age can contribute to the well-being of couples, families, and society as a whole. This approach can also incentivize the community by facilitating access to education, the economy, and healthcare and addressing issues such as stunting.

Public Opinion Evolution Law and Sentiment Analysis of Campus Online Public Opinion Events

Public Opinion Evolution Law and Sentiment Analysis of Campus Online Public Opinion Events

Analysis of Section 85 & 86 of the IPC [ Sec 23 & 24 of BNS] with case law analysis

This research paper examines the legal principles surrounding the defense of intoxication under Indian Penal Code (IPC) Sections 85 and 86 (now Sections 23 and 24 under Bhartiya Nyay Sanhita, 2023). These sections distinguish between involuntary and voluntary intoxication in criminal acts, specifying the conditions under which an accused can claim intoxication as a defense. This analysis is contextualized through the case of Basdev vs. State of Pepsu,1956 wherein the appellant, under voluntary intoxication, committed homicide. The paper traces historical perspectives on intoxication as a defense, scrutinizes the application of intent and knowledge in criminal liability, and critically evaluates the court’s rationale in affirming the conviction under Section 302 IPC for murder, rather than reducing it to culpable homicide not amounting to murder under Section 304 IPC. The findings underscore that voluntary intoxication does not absolve criminal liability if the accused possesses sufficient awareness of their actions and the consequences. The study concludes with an affirmation of the Supreme Court’s judgment, emphasizing the significance of recklessness and behavioral assessment in applying Section 86 IPC.

Regulatory Framework on Ocean Threats –Transportation Law Analysis to Multiple Oil-Spill Cases in Indonesia

This research aims to analyse the legislation pertaining to the environment and transportation as outlined in Article 1 point 1 of Law No. 22 of 2001, which deals with oil and natural gas. The Minister of Energy and Mineral Resources' Regulation No. 7 of 2019 Article 1.2 relates to the management and use of oil and gas. Articles 316, 318-322, 324-329, and 332 govern criminal offenses committed in the maritime domain. This study employs a doctrinal legal research methodology, using both conceptual approach and statutory approach. The agreement for the maritime transportation of commodities establishes rights and duties that the involved parties are required to fulfill. One of the duties and liabilities of the carrier is to maintain the security of the vessel and the merchandise it transports. The legal framework governing the transportation of commodities is established under Articles 466 to 520 of the Criminal Code. This concept is founded upon two additional ideas, i.e. strict liability and the absence of the necessity to establish the party responsible for environmental damage prior to attributing blame. The principle of strict responsibility in Indonesian national law is governed by Article 88 of Law No. 32 of 2009, which pertains to environmental protection and management. This article only focuses on the environmental degradation and marine contamination resulting from oil spills. The obligation for transportation in maritime agreements and the legal repercussions for causing marine pollution must be followed by all the sea transportations company especially carrying dangerous material.

Observed kinetics for the production of diethyl carbonate from CO2 and ethanol catalyzed by CuNi nanoparticles supported on activated carbon

Monometallic and bimetallic Cu:Ni catalysts with different Cu:Ni molar ratios (3:1, 2:1, 1:1, 1:2, 1:3) were synthesized by wetness impregnation on activated carbon and characterized by TPR (temperature programmed reduction), XRD (X-ray diffraction) and XPS (X-ray photoelectron spectroscopy). The synthesized catalysts were evaluated in the gas phase production of diethyl carbonate from ethanol and carbon dioxide. The largest catalytic activity was obtained over the bimetallic catalyst with a Cu:Ni molar ratio of 3:1. Its improved activity was attributed to the formation of a Cu–Ni alloy on the surface of the catalyst, evidenced by XPS and in agreement with a previous assignment based on Vegard law and TPR analysis. During the reaction rate experiments, it observed the presence of a maximum of the reaction rate as a function of temperature, a tendency also reported for other carbon dioxide–alcohol reactions. It showed that the reaction rate-temperature data can be adjusted with a reversible rate equation. The initial rate as a function of reactant partial pressure data was satisfactorily adjusted using the forward power law rate equation and it was found that the reaction rate is first order in CO2 and second order in ethanol.

Copyright Protection in the Digital Age: Addressing Challenges and Finding Solutions in Indonesian Civil Law

This research aims to identify the challenges faced in enforcing such legal protection. In the current digital era, advances in information and communication technology have had a major impact on various aspects of life including the creation and dissemination of intellectual works, which opens up opportunities for copyright infringement. This research uses a normative juridical approach with a qualitative descriptive analysis method. Data is collected through literature study and analysis of laws and regulations related to copyright protection and intellectual property rights. Primary data based on Law Number 28 of 2014 on Copyright, and secondary data collected from previous related research journals and other official documents. The research found that the legal protection of copyright and intellectual property rights in the digital era in Indonesia still faces various challenges. These challenges include the speed and volume of digital content dissemination, anonymity and global jurisdiction, and the effectiveness of Digital Rights Management (DRM) technology. Although Law No. 28/2014 on Copyright has regulated the economic and moral rights of creators, law enforcement is still ineffective. To overcome these challenges, a comprehensive and collaborative approach is needed between the government, digital platforms, copyright owners, and the public. Some of the proposed solutions include improved automatic detection technology using artificial intelligence (AI) and machine learning, harmonization of international copyright law, DRM technology reform, simplification and transparency of the copyright infringement reporting process, and increased public awareness and education regarding the importance of copyright and intellectual property rights.

Understanding solidarity in the European Union: an analytical framework

Solidarity is a key concept in the European Union. However, the concept of solidarity lacks systematic theoretical examination to enable a sufficient understanding of its contextual meaning and to provide an operationalisable benchmark for analysis. To address this research gap, I propose an analytical framework for solidarity in the European Union that features four necessary conditions: particularity, instrumentality, reciprocity, and responsibility. I develop the framework through a transdisciplinary conceptual history approach, substantiated with a thorough document and legal analysis of European integration and CJEU case law. I demonstrate the robustness and validity of the proposed framework by using EU asylum policy as a test case, a field where the question of solidarity is notoriously salient, which is exemplified by an area-specific expression of the concept: fair sharing of responsibility between the EU member states. Moreover, I show that the EU’s solidarity principle is necessary to maintain the bloc’s raison d’être.

Demystifying group-4 polyolefin hydrogenolysis catalysis: Gaseous propane hydrogenolysis mechanism over the same catalysts

A kinetic/mechanistic investigation of gaseous propane hydrogenolysis over the single-site heterogeneous polyolefin depolymerization catalysts AlS/ZrNp2 and AlS/HfNp2 (AlS = sulfated alumina, Np = neopentyl), is use to probe intrinsic catalyst properties without the complexities introduced by time- and viscosity-dependent polymer medium effects. In a polymer-free automated plug-flow catalytic reactor, propane hydrogenolysis turnover frequencies approach 3,000 h-1 at 150 °C. Both catalysts exhibit approximately linear relationships between rate and [H2] at substoichiometric [H2] with rate law orders of 0.66 ± 0.09 and 0.48 ± 0.07 for Hf and Zr, respectively; at higher [H2], the rates approach zero-order in [H2]. Reaction orders in [C3H8] and [catalyst] are essentially zero-order under all conditions, with the former implying rapid, irreversible alkane binding/activation. This rate law, activation parameter, and DFT energy span analysis support a scenario in which [H2] is pivotal in one of two plausible and competing rate-determining transition states-bimolecular metal-alkyl bond hydrogenolysis vs. unimolecular β-alkyl elimination. The Zr and Hf catalyst activation parameters, ΔH‡ = 16.8 ± 0.2 kcal mol-1 and 18.2 ± 0.6 kcal mol-1, respectively, track the relative turnover frequencies, while ΔS‡ = -19.1 ± 0.8 and -16.7 ± 1.4 cal mol-1 K-1, respectively, imply highly organized transition states. These catalysts maintain activity up to 200 °C, while time-on-stream data indicate multiday activities with an extrapolated turnover number ~92,000 at 150 °C for the Zr catalyst. This methodology is attractive for depolymerization catalyst discovery and process optimization.

Micro and Small Companies: Economic Impacts of Differentiated Legislation and Government Interventions

Objective: The objective of this study is to investigate the economic analysis of law as a methodological framework to evaluate state intervention in favor of micro (ME) and small businesses (EPP), with the aim of understanding how such interventions can influence growth, the innovation and competitiveness of these companies, as well as their contribution to economic development. Theoretical Framework: In this topic, the main concepts and theories that underpin the research are presented. Public policy theories, development economics and organizational theory stand out, providing a solid basis for understanding the impact of state interventions on ME and EPP. Theoretical models and case studies illustrate a variety of approaches and results. Method: The methodology adopted for this research comprises a deductive study, using both quantitative and qualitative data. Data collection was carried out through documentary analysis, semi-structured interviews and questionnaires applied to ME and EPP representatives, in addition to statistical analyzes to evaluate indicators of growth, innovation, employment capacity and financial sustainability. Results and Discussion: The results obtained revealed that state intervention, through subsidies, advantageous tax policies, training programs and facilitating access to public purchases, can have significant impacts on ME and EPP. The analysis showed sustainable growth, innovation and job creation, although the effectiveness of interventions is intrinsically linked to factors such as appropriate policy design, effective coordination between government bodies and the ability to adapt to the specific needs of each sector and region. Research Implications: The practical and theoretical implications of this research are discussed, providing insights into how the results can be applied or influence practices in the field of economic development and public policy for ME and EPP. These implications could range from improving existing policies, formulating new state intervention strategies, and identifying areas for future research. Originality/Value: This study contributes to the literature by highlighting the importance of the economic analysis of law in the evaluation of public policies aimed at ME and EPP. The relevance and value of this research are evidenced by the innovative approach and findings that can impact the formulation and implementation of effective policies, promoting the sustainable growth and competitiveness of these companies.