Application Of Law Research Articles

IMPLICATIONS AND GEOTECHNOLOGICAL PROPOSITIONS FOR THE YANOMAMI INDIGENOUS PEOPLES DUE TO ILLEGAL EXPLORATION OF GOLD MININGS

The 1988 Federal Constitution recognizes the territorial and cultural rights of the Yanomami indigenous peoples, guaranteeing the demarcation of their lands and respect for their traditional ways of life. But these rights have been violated due to frequent threats to these people, by large economic interests, such as mining and deforestation. To achieve this article, it was necessary to consult specific studies of the Yanomami, collection of primary data. Georeferencing of areas that presented land use systems and natural resources was also carried out, the data was processed to generate thematic maps using the Arcgis 10.5 and Qgis 3.28.14 based on images from LANDSAT satellites. The results indicate that the impacts of illegal gold mining in Yanomami lands are devastating, exploration areas are increasing annually, mercury, used in the gold extraction process, leads to contamination of water courses, compromising sources of drinking water and the water resources necessary for survival. It is concluded that it is essential to implement more rigorous public policies, in addition to strengthening supervision and the application of strong environmental laws to combat illegal mining and with global awareness of the importance of protecting indigenous territories, as well as promoting economic alternatives. sustainable activities that respect the traditional way of life of the Yanomami and preserve the environment.

Konsep, Batasan dan Implementasi Penalaran Istislahi dalam Penerapan Hukum Keluarga Islam di Indonesia

New issues and phenomena that require legal certainty also develop along with the development of the times and the social context. The Qur'an and Sunnah, which only contain legal issues implicitly, require mujtahids to dig up the law with several methods, one of which is maslahah mursalah or istislah. This research tries to explore matters related to istislahi reasoning, starting from the concept, and limitations, to its implementation in the application of Islamic family law in Indonesia. This research uses a descriptive method with a critical review. The research results show that maslahah mursalah is basically based on preserving the purpose of syariah by taking benefits and rejecting harm (mafsadah). The limitations of this maslahah are: it is not merely conjectural so that it must produce benefits and reject harm (mafsadah), it is general, and it does not conflict with the principal rules of syara'. Thus, the application of the istislahi method in the formation of law is very necessary to face new problems and phenomena that require legal certainty.

MECHANISM OF CIVIL-LAW REGULATION OF RELATIONS FOR THE PROVISION OF PAID EDUCATIONAL SERVICES BY HIGHER EDUCATION INSTITUTIONS IN UKRAINE

The paper defines the specifics of the mechanism of civil-law regulation of relations for the provision of paid educational services by higher education institutions in Ukraine. At the same time, civil-law regulation is understood as a special legal influence on the behavior of participants in public relations, that are included in the subject of civil law as a branch of law. Special legal influence on the behavior of participants in relations on the provision of paid educational services by higher education institutions in Ukraine is carried out through a system of certain legal means, among which in the most general form one can distinguish: civil law norms, personalized individual acts of an autonomous nature (including contracts), personalized individual acts of a power nature (acts of application of law). However, the said civil-law influence cannot occur automatically. In this case, a certain mechanism for carrying out civil rights should be used, the functional purpose of which is to ensure the realization of the powers that make up the content of said rights, and the fulfillment of relevant subjective duties. It has been found that in order to characterize the mechanism of civil-law regulation of relations with the provision of paid educational services by higher education institutions in Ukraine, it is important to take into account the systemic and logical interrelations that exist between the norms of civil law enshrined in various normative legal acts. And this is directly confirmed in the current legislation, in particular in Art. 2 of the Law of Ukraine «On Higher Education», which directly states that «the legislation on higher education is based on the Constitution of Ukraine and consists of the laws of Ukraine «On Education», «On Scientific and Scientific-Technical Activities», this Law and other normative legal acts, international treaties of Ukraine concluded in the manner established by law». It has been substantiated that all the norms of law aimed at civil-law regulation of relations with the provision of paid educational services by higher education institutions in Ukraine should not contradict the general principles of civil legislation defined in Art. 3 of the Civil Code of Ukraine, since they are the basic construction that allows civil law to function as a system of norms of law.

Abortion in Taranto

Availing ourselves of the collaboration of a student from the School of Social Work, admitted as a trainee in the obstetrics-gynaecology department of a Taranto regional hospital, where abortions are performed in application of law 194, we carried out a survey on a total group of 150 women randomly selected from those undergoing the termination of pregnancy.

Restitution of African Cultural Heritage: Revisiting Natural Law Concepts of Statehood and Property in the Context of Colonial Spoliation

Abstract In the late nineteenth century, Western Powers launched military campaigns in sub-Saharan Africa resulting in the colonization of vast territories and the spoliation of cultural property. To justify the conquest, they asserted the supremacy of Western culture and disregarded principles of international law in their dealings with African states, communities, and individuals. This article examines colonialist legal justifications such as the denial of statehood of pre-colonial sub-Saharan African societies, the notion that conquest and spoliation were justifiable, and the belief that African legal systems lacked concepts of property. The article details why these arguments contradict well-established nineteenth-century legal principles, particularly state sovereignty and private property, which together form the conceptual basis for the prohibition of spoliation. The universal nature of those principles allows for the nondiscriminatory application and interpretation of historical law and consequently the protection of African pre-colonial states and private as well as public cultural property.

On the legal issues of the Shiprider Program

As an essential tool for the United States to pursue its maritime interests, the Shiprider Program has become the legal basis for the United States to carry out global comprehensive maritime law enforcement cooperation. However, the United States Coast Guard (hereafter USCG) has over-expanded its maritime jurisdiction by breaking through the limitations of the United Nations Convention on the Law of the Sea (hereinafter UNCLOS) in its law enforcement activities. The USCG’ activities in the South China Sea may jeopardize other countries’ maritime rights and interests and homeland security, aggravating the maritime disputes in those regions. Therefore, this paper proposes to clarify the applicable law and improve the responsibility mechanism for the Shiprider Program to ensure that the activities of the USCG are in line with the corresponding provisions of the UNCLOS.

Interaction of International Humanitarian Law and International Human Rights Law in the context of armed conflicts

It is indicated that the problems of the interaction of international humanitarian law and international human rights law lie in the different historical origins, evolution and application of these two branches of law. The complexity of the interaction between the IHL and the ICRC lies in their extraterritorial action and different personal spheres of application. IHL undeniably applies to international and non-international armed conflicts, regulating the conduct of states and armed groups, while the IHL is recognized as the basis of law in peacetime, but also applies in periods of conflict. Finding the points of intersection between international human rights law (IHRL) and international humanitarian law (IHL) in the context of armed conflicts is the main objective of this section. The merger of these two legal fields, traditionally divided into separate areas of responsibility in peacetime and wartime, has gained unprecedented importance in the legal analysis of modern conflicts. The impetus for the development of the new paradigm was the rapid evolution of the nature of war, characterized by the emergence of asymmetric warfare and the blurring of the boundaries between state and non­state actors. Such transformations in the theater of war require a nuanced understanding of the legal instruments used in this context, which emphasizes the need for this analysis. The urgency of the issue is emphasized by the changing dynamics of international practice. The recognition by the International Court of Justice of the continued applicability of IHRL in conflict and the definition of IHL as lex specialis emphasizes that the legal landscape is in constant flux. At the heart of this analysis is the difficulty of determining the applicability of IHL, a task that is complicated by the problems of classifying conflicts as international or non-international. The principle of derogation - whereby states may temporarily suspend certain human rights obligations - creates an additional layer of complexity, affecting the interpretation and application of laws during armed conflict. Many provisions of international human rights conventions define the protected interest and then provide that any restrictions must be justified by reference to a list of aims, which varies from article to article and treaty to treaty, that are necessary for the achievement of the aim in question and are proportionate to its achievement. In this way, the IHRL provides a mechanism for balancing the requirements of individuals with those of others or the community itself.

Legal analysis of different approaches to understanding the phenomenon of miscarriage of justice in administrative proceedings

The article is devoted to the study of various approaches to understanding the phenomenon of a miscarriage of justice in administrative proceedings. The author establishes that a miscarriage of justice in administrative proceedings can be referred to in several senses. Firstly, a miscarriage of justice in administrative proceedings can be understood in a narrow sense, depending on the aspect specifically chosen (epistemological, praxeological and teleological) or their combination. The epistemological aspect of understanding a miscarriage of justice in administrative proceedings relates to the processes of mental and cognitive activity of a judge. Within this aspect, a miscarriage of justice is considered as a result of a defect in the subject matter of a judge’s cognitive actions, which may be manifested in incorrect processing or interpretation of information. The praxeological aspect of understanding a miscarriage of justice in administrative proceedings focuses on the compliance of the judge’s actions with the requirements and procedural rules set forth in the law. In this context, a miscarriage of justice is manifested as an unlawful act (action or inaction) of a judge, which consists in the judge’s incorrect application of substantive law or violation of procedural law. The teleological aspect of understanding a miscarriage of justice relates to the purposes of administrative proceedings. Under this approach, a miscarriage of justice is defined as a result that does not meet the goals of administrative proceedings. The interconnection and interdependence of the epistemological, praxeological and teleological aspects forms a comprehensive understanding, a holistic perception of this phenomenon in administrative proceedings. This integration of different perspectives makes it possible to characterize a miscarriage of justice by providing a deep and multilevel understanding of its nature. In a broad sense, a miscarriage of justice in administrative proceedings can be understood as a judge’s procedural activity related to the misperception, analysis or reproduction of legal norms, which is reflected in the adoption of a court decision that is unable to achieve the purpose of administrative proceedings.

International tourist organizations: legal status, classification, significance

The constant growth of international tourism exchange has led to the need for its legal regulation at the international level and the establishment of various international tourism organizations. The relevance of the study is due to the growing role of international organizations in the development of cooperation in the field of tourism. The study aims to determine the specific features of the functioning of international tourism organizations as subjects of international tourism law. To conduct an objective study, the following methods were used: analysis and synthesis; deduction and induction; structural and logical generalization; and systematization. The article identifies the specific features and peculiarities of international tourism organizations. It is established that international organizations play an important role in the formation and application of international law, both in the process of its formation and in its implementation. International tourism organizations are formed through voluntary accession and participation of tourism sector representatives from different countries, operate continuously by the adopted charters, and have already proven to be an important instrument of international cooperation. The author defines the legal status of international tourism organizations. The author establishes that the most common international tourism structure is an association that brings together national organizations, tourism industry enterprises, and individuals voluntarily to solve specific tasks in the field of tourism. Approaches to the classification of international tourism organizations are generalized. The classification of international tourism organizations by types of activity, spheres of activity, national­territorial basis, and socio-state basis is considered. International tourism organizations are usually divided into the following main groups: global of a general nature; regional of a general nature; regional of a sectoral nature; specialized; and special. The article examines the role of leading international tourism organizations in developing tourism. The United Nations has recognized the leading role of the World Tourism Organization in the field of tourism and travel, assigning it the key responsibility for promoting responsible, sustainable, and accessible tourism, designed to foster economic growth, international understanding, peace, and prosperity, as well as mutual respect and unconditional observance of civil rights and fundamental freedoms.

The concept of an individual act as the subject of a public legal dispute

The article is devoted to the study of the issue of the definition of an individual act as the subject of a public-law dispute, which is extremely relevant at the current stage of reforming state institutions and harmonizing the legislation of Ukraine in the process of negotiations on joining the European Union. The article indicates that public-law disputes regarding the appeal of individual acts cover all spheres of the public life of citizens and are a direct consequence of the implementation of public­authority management functions by subjects of authority. The state of administration of justice by administrative courts in 2020-2023 was studied, and a conclusion was made about the increase in the number of public legal disputes considered by administrative courts. Attention is drawn to the fact that domestic legislation is inconsistent in the field of terminology. In particular, the Law of Ukraine «On Administrative Procedure» uses the concept of «administrative act,» the Code of Administrative Procedure of Ukraine uses the concept of «individual act,» and the Law of Ukraine «On Law-Making Activity» uses «acts application of law,» «other individual legal acts,» and «other legal acts that do not contain legal norms.» In connection with this, subjects of authority often approach issues of terminological apparatus in different ways when processing hundreds of legal acts. In addition, the scientific community does not have a unified approach to this issue, operating with the concepts of «legal acts of state administration», «administrative legal acts», «individual administrative acts», «individual administrative legal acts» and «legal acts of individual action». Taking into account the researched material, it is indicated that most often an individual act is equated with the concept of an administrative act, which is narrower. Therefore, in the context of a public legal dispute, which includes both administrative and judicial appeals, it is appropriate to use the term individual act. It has been concluded that a unified understanding of the definition of an individual act by the scientific community and the legislator is extremely important, as it forms a unified approach to their application. Therefore, the definition of an individual act is proposed.

Legal Responsibility of Businesses Who Distribute Food Products that are not Fit for Consumption or Expired

In food products, it is very important to include information about the expiration date to protect consumers from the dangers of poisoning from expired products. The expiration date must be written on the product packaging or on the packaging box only. Usually, products that include information about the expiration date are products that come from factories or industries that produce in large quantities and have been widely distributed. However, sometimes there are some manufacturers who deliberately do not include the expiration date on their product packaging for profit alone. The act of selling products that are no longer fit for consumption is an act that is detrimental to consumers and violates the Consumer Protection Act with quite severe sanctions for the community or entrepreneurs who trade them. The formulation of the problem discussed is: 1) What are the legal consequences for business actors who deliberately distribute food products that are not fit for consumption or expired? and 2) What is the legal responsibility of business actors who deliberately distribute food products that are not fit for consumption or expired? The research method used is the normative juridical method, namely analyzing the relationship between applicable laws and regulations with legal theories and the practice of implementing positive law concerning the problems discussed. Keywords: legal responsibility, business actors, distribution of food products, expired

Kepastian Hukum Hak Pengelolaan Atas Tanah Badan Pengusahaan Batam terhadap Pendayagunaan Pulau Rempang

The Basic Agrarian Law is a legal reform in the agrarian sector. In the utilization of islands, especially the management of small islands, permission must be obtained. Management Rights are partially delegated to government agencies including Local Governments, State-Owned Enterprises, Regional-Owned Enterprises, PT.Persero, Authority Bodies and other legal entities to be used according to their respective duties. The existence of Land Management Rights (HPL) does not guarantee an island to be utilized by interested parties, including the utilization of Rempang Island which will be used as a National Strategic Project (PSN). The existence of regulations governing special provisions in the management of small islands must also be considered and examined so that some parties do not feel disadvantaged. This research will answer the questions of (1) How is the legal certainty of the Batam Concession Agency's Land Management Rights in the utilization of Rempang Island, (2) How is the Batam Concession Agency's problem in the management and utilization program of Remapang Island. This research uses normative juridical research by reviewing the applicable laws and regulations and using secondary data as the main data.

Law Enforcement Against the Practice of Advertising Fraud in Indonesia: A Review from the Aspect of Indonesian Criminal Law

Advertising is used as a common marketing strategy by various companies and individuals to promote their products or services to potential consumers. However, it is not uncommon for advertising to contain illegal and fraudulent activities that can cause harm to users through misdirection. In the act of advertising fraud, it is necessary to analyze the application of articles in the Criminal Code (KUHP) which regulates the concept of concursus in criminal law. The purpose of this study is to explain, identify and analyze the applicable legal framework, penalties imposed and law enforcement against advertising fraud in terms of criminal aspects. This research uses a normative juridical method by using a statutory approach (state approach), case approach (case approach), comparative approach (comparative approach), conceptual approach (conceptual approach). Based on the results of the research, advertising that deceives and harms consumers is an illegal act known as fraud and can be subject to the provisions in Article 378 of the Criminal Code. Article 379 of the Criminal Code stipulates that if as a result of the fraudulent act, a person suffers a loss, then the perpetrator of fraud may be subject to a more severe punishment. The provisions in the Criminal Code are used to protect the public from acts of fraud, and are expected to reduce the incentives of individuals, groups or other parties to commit fraud and provide a deterrent effect for the perpetrators.

Challenges and Threats of Cybercrime in Indonesia: A Review of Legal and Information Technology Aspects Related to Ransomware Attacks on Indonesia’s National Data Center

This article discusses the challenges and threats to cybercrime in Indonesia, focusing on two main aspects—law and information technology. Through an in-depth analysis of the applicable laws and regulations and the development of information technology, this study aims to identify the weaknesses and challenges faced in combating cybercrime in Indonesia. Additionally, this article presents several recommendations for improving the effectiveness of cybercrime threats. This research methodology is based on studies and analyses related to the potential threats and challenges of cybercrime from the aspects of legal and information technology, as described in several modern publications. This study used a qualitative approach and secondary data analysis. Recommendations that can be drawn from this study include the need to improve infrastructure and human resources in the security field and increase investment in training and human resources for law enforcement agencies. This can consist of more intensive training programs in information technology crime, data risk recovery management, coordination and cooperation between the public and private sectors, and adaptation and development of real-time threat-monitoring technology using artificial intelligence.

Рискогенные факторы избирательного процесса в современной России

Relevance of the research topic is based on the change of the focus of development of electoral law and procedure towards creation of reliable guarantees of security of electoral rights of citizens in the conditions of the special military operation, informational and ideological war and sanctions pressure of the West on the Russian Federation. The article reviews risk-posing factors of the electoral procedure, suggests ways to minimize them, to create a legal mechanism to regulate them and to manage such risks with the help of cutting-edge scientific research results. Realities of the elections of the President of the Russian Federation in March 2024 gave birth to new legal regimes for holding thereof: regime of high alert to a situation of emergency and even the state of martial law. However, the applicable laws fail to transform in due time to keep pace with the rapidly changing circumstances, so legal gaps are filled in by election commissions. Arising problems in the border territories were solved quickly thanks in large part to the Central Election Commission of the Russian Federation, election commissions of the constituent entities of the Russian Federation, supreme officials of the constituent entities of the Russian Federation.

Kepastian Hukum Syarat Mantan Narapidana Calon Anggota DPD Pasca Putusan Mahkamah Konstitusi Nomor 12/PUU-XXI/2023

General Election Contestation (Election) is one indicator of the implementation of the ideals of a democratic country. A democratic state certainly cannot be separated from the ideal of the rule of law, because in fact the state of law and democracy go together. This is because a state administration must be based on applicable law, and the law is implemented as much as possible for the community. In order to support the implementation of the rule of law in accordance with the wishes of the people, the concept of democracy is a concept that is no less important. In the context of statehood, it is appropriate for the voice of the people to be represented by representatives of the people in parliament, both central and regional. The people's representatives are elected through elections by stating the conditions that must be met. However, the conditions listed seem inconsistent and there are even aggrieved parties so that they do not show legal certainty. The purpose of this study is to see aspects of legal certainty regarding the requirements for ex-prisoner who want to run in election contestations, especially the selection of individual candidates for DPD members. The method used in this research is juridical-normative legal research or commonly called doctrinal legal research with statute approach and conceptual approach. The results showed that the requirements for ex-prisoner who wanted to run in the election contestation had changed several times as a result of material tests in the Constitutional Court. The change in requirements is the result of an inconsistent change in attitude by the Constitutional Court towards the existence of ex-prisoner requirements when they want to run in election contestations, including the selection of individual candidates for DPD members.

Effectiveness of Law No. 5 of 1999 in Handling Cross-Border Business Competition

This paper examines the issues of business competition in an extraterritorial context and its implications for the authority of the Indonesian Business Competition Supervisory Commission (KPPU). The research focuses on the extent to which the KPPU can enforce its duties beyond the borders of Indonesia, particularly concerning the effective application of Law No. 5 of 1999. Analysis of KPPU's decisions in extraterritorial cases, especially those involving share acquisitions, provides insights into the approaches and solutions adopted. The study aims to foster discussion on the role of KPPU in addressing extraterritorial challenges, along with the application of international cooperation and principles of international law in enforcing competition law. The research findings are expected to offer recommendations to enhance the effectiveness of KPPU's enforcement of competition law in a global context.

Strategies for Household Waste Management in Winong Village Waste Bank

Background: Legal frameworks are vital for guiding village autonomy and waste management practices. Specific Background: In Indonesia, laws such as Law No. 6/2014 and Law No. 18/2008 regulate these areas but face implementation challenges. Knowledge Gap: There is a lack of integration between community perspectives and local governance practices. Aims: This study analyzes the legal foundations of waste management in rural settings and assesses practical implementation through stakeholder input. Results: Using a normative legal approach alongside Focus Group Discussions with various stakeholders, the research identifies gaps in the application of waste management laws and emphasizes the need for tailored legal recommendations. Novelty: By merging legal analysis with empirical insights, the study provides a comprehensive view of waste management in rural contexts. Implications: Findings highlight the necessity for adapting legal frameworks to local systems and engaging communities, offering practical solutions for rural waste management that contribute to environmental governance. Highlights : Legal Foundations: Examines laws governing waste management and village autonomy. Stakeholder Input: Utilizes Focus Group Discussions to gather community perspectives. Contextual Adaptation: Emphasizes the need for tailored legal solutions for effective implementation. Keywords: legal frameworks, waste management, village governance, community engagement, empirical analysis

Batu city bawaslu strategy in preventing political money in the 2024 election

The aim of this research is to broaden understanding in political education and expand knowledge in Pancasila and citizenship education. Because Indonesia is a country that adheres to a democratic system which is carried out through elections and regional elections, the main aim of the research is how to find out problems in elections, namely money politics which is used as a tool in winning contestations. And what is the role and response of the community to money politics, as well as to find out regulatory weaknesses that cause weak election law enforcement. The method used in this research uses descriptive qualitative and legal and regulatory instruments to strengthen credible data, and obtains data through interviews with Batu City Bawaslu commissioners. The results prove that society is very indifferent to electoral developments and problems, as well as the weakness of applicable laws and regulations. Bawaslu increases participatory supervision to maintain the quality of democracy

Social Development Perspective in Child Custody Law Enforcement: A Comparative Study of Legal Systems and Their Implications in Developing and Developed Countries

This study discusses the comparative application of child custody laws between developed and developing countries with a focus on the principle of "best interests of the child." Although this principle is recognized globally, its implementation varies widely across countries, influenced by social, cultural, religious, and economic factors. Developed countries such as the United States and Sweden tend to have more structured legal systems that support equality in custody, often adopting a joint custody model. In contrast, developing countries such as Indonesia and India face significant challenges in implementing this principle due to the influence of customary law, religion, and resource constraints. This study uses thematic and comparative analysis methods, and makes generalizations about the factors that influence the implementation of child custody in countries with different socio-economic backgrounds. The results of the study indicate that legal and social policy reforms, as well as increasing access to social services and legal education, are essential to improving the protection of children's rights in developing countries. Thus, recommendations focus on the need for international collaboration and increasing the capacity of courts to adopt best practices in child protection.