Application Of Law Research Articles

Обвинение у мирового судьи: виды и порядок осуществления

The article is devoted to the study of the concept and types of accusation and special aspects of the accusatory procedure in criminal case proceedings in the justice of the peace court. Special attention is paid to protection of rights of an individual at various stages of judicial proceedings in privately prosecuted, privately and publicly prosecuted, publicly prosecuted criminal cases. The author suggests efficient algorithms in activities of a justice of the peace and justifies amendments and supplements to the applicable laws.

Recent Applications of Explainable AI (XAI): A Systematic Literature Review

This systematic literature review employs the Preferred Reporting Items for Systematic Reviews and Meta-Analyses (PRISMA) methodology to investigate recent applications of explainable AI (XAI) over the past three years. From an initial pool of 664 articles identified through the Web of Science database, 512 peer-reviewed journal articles met the inclusion criteria—namely, being recent, high-quality XAI application articles published in English—and were analyzed in detail. Both qualitative and quantitative statistical techniques were used to analyze the identified articles: qualitatively by summarizing the characteristics of the included studies based on predefined codes, and quantitatively through statistical analysis of the data. These articles were categorized according to their application domains, techniques, and evaluation methods. Health-related applications were particularly prevalent, with a strong focus on cancer diagnosis, COVID-19 management, and medical imaging. Other significant areas of application included environmental and agricultural management, industrial optimization, cybersecurity, finance, transportation, and entertainment. Additionally, emerging applications in law, education, and social care highlight XAI’s expanding impact. The review reveals a predominant use of local explanation methods, particularly SHAP and LIME, with SHAP being favored for its stability and mathematical guarantees. However, a critical gap in the evaluation of XAI results is identified, as most studies rely on anecdotal evidence or expert opinion rather than robust quantitative metrics. This underscores the urgent need for standardized evaluation frameworks to ensure the reliability and effectiveness of XAI applications. Future research should focus on developing comprehensive evaluation standards and improving the interpretability and stability of explanations. These advancements are essential for addressing the diverse demands of various application domains while ensuring trust and transparency in AI systems.

Analysis of the Decision of the Industrial Relations Court in the Dispute for Termination of Employment (Case Study No. 060 / Pdt.Sus-Phi/2023/Pn Mdn Juncto Verdict Number :1174k / Pdt.Sus-Phi/2023 )

This study is motivated by the frequent cases of agreement disputes between companies and workers, especially in the case of termination of employment relationships for both permanent and contractual workers or commonly known as a specific time work agreement, which often ends up at the green table due to differences in understanding between employers and workers as well as differences in understanding of applicable laws and regulations.In addition, there are times when it is also caused by the inability of one party to fulfill its obligations which may be caused by conditions in which the company experiences losses or due to bankruptcy conditions. This paper aims to analyze the legal process that occurs in the case of termination of employment lawsuit ranging from the mediation level , the Medan state court to the Supreme Court of the Republic of Indonesia and find out the basic consideration of judges used in making decisions in accordance with the principle of justice in the case of Decision No. 060 / Pdt.Sus-PHI/2023/PN MDN juncto decision No. 1174K / Pdt.Sus-PHI/2023. This research is Notmatif legal research with normative juridical approach . The data source of this study comes from secondary data.Data collection tool is done with the study of literature (library research). Based on the results of the research conducted , we conclude that the process of termination of employment with bankruptcy conditions, the employer must pay a certain amount of money in accordance with PP 35 2021 Article 40 paragraph 2 , Paragraph 3 , and Article 43 paragraph 1.Analysis of judges ' consideration at the Cassation level according to the principle of justice in the case of Decision No. 060 / Pdt.Sus-PHI/2023/PN MDN juncto decision No. 1174K / Pdt.Sus-PHI/2023 is acceptable.

Brief Considerations Regarding the Competence of the Central Authorities in Matters of Filiation, in the Context of the Proposal for a Council Regulation on the Creation of a European Certificate of Parenthood

The study aims to present and analyse the competence of the central authorities in the matter of filiation according to the Proposal for a Council Regulation on jurisdiction, applicable law, recognition of decisions and acceptance of authentic instruments in matters of parenthood and on the creation of a European Certificate of Parenthood and according to the regulations in Romanian law such as: Civil Code, Law no. 119/1996 regarding civil status documents, Government Ordinance no. 84/2001 regarding the establishment and operation of community public services for the registration of persons. The authors present due clarifications regarding the dichotomy of the provisions of Romanian law (Romanian private international law, civil law and the regulations from the normative acts stipulated in the paragraph above) and the correspondence with the Council's Proposal for a regulation on filiation, noting the competence, the applicable law, respectively the recognition. Next, the paper will present the competent authorities from the perspective of the proposed Regulation and Romanian law. In conclusion, the authors will present de lege ferenda what changes would be made to the provisions of Romanian law by adopting the Proposal for a Regulation of the Council regarding jurisdiction, the applicable law, the recognition of court decisions and the acceptance of authentic documents in matters of filiation and regarding the creation of a European certificate of filiation considering that there will be rules of immediate application. Keywords: Central authorities; Child; Filiation; Parents; Private international law; Romanian law.

Recognition of the Jurisdiction of the International Criminal Court as a Measure to Ensure the Application of International Humanitarian Law: Example of Armenia

This paper reviews the definition of international humanitarian law, as well as the application of international humanitarian law by the International Criminal Court. The powers and activities of the International Criminal Court are examined. The scope of possible application of the principles and provisions of international humanitarian law by the International Criminal Court, as well as the modalities of such application, is revealed. The article analyses changes in Armenian legislation after the ratification of the Rome Statute and focuses on the fact that after the ratification of the Rome Statute, which is a significant step forward for the security of Armenia, Armenia (Centre for Truth and Justice) requested the International Criminal Court Prosecutor to initiate a preliminary examination of the ongoing genocide committed by Azerbaijan’s Armed Forces against the ethnic Armenians within the territory of Armenia. Besides this, the analysis of the procedural position of the International Criminal Court Prosecutor in the system of international justice is carried out. The main tasks and fundamental role of the Prosecutor's office in the investigation or prosecution of international crimes are investigated. Keywords: International Criminal Court; International Humanitarian Law; Rome Statute; ratification; preliminary examination.

EU: Applicability of Data Protection Law to Parliamentary Inquiry Committee in Member State

EU: Applicability of Data Protection Law to Parliamentary Inquiry Committee in Member State

APPLICATION OF KEPLER'S LAWS IN PHYSICS

Kepler’s laws of planetary motion provide fundamental insights into the mechanics of celestial bodies. These laws are crucial in understanding orbital mechanics, which play a significant role in modern astrophysics, satellite engineering, and space exploration. This paper presents a comprehensive exploration of the application of Kepler's laws in physics, emphasizing their relevance to both historical and contemporary scientific advancements. The study evaluates the laws' contributions to Newtonian mechanics and modern applications in satellite technology and gravitational theory.

Criminal Law Policy against ‘Pratima’ Theft: Perspective of Balinese Customary Criminal Law

Law enforcement of the crime of Pratima theft in Bali does not provide a sense of justice for traditional law communities as victims. In response to this, it is necessary to construct law enforcement for the crime of Pratima theft to achieve a sense of justice, benefit, and legal certainty for the Balinese customary law community. This research method is sociological law (sociological jurisprudence), emphasizing the study of the operation of law in traditional law communities in Bali. The object of the study is the legal facts related to the crime of Pratima theft. Based on the research results, it was found that law enforcement prioritized legal certainty rather than social justice itself. The Balinese traditional law community desires fair and beneficial law enforcement. The provisions on the principle of legality in deciding pratima theft cases in Bali do not prevent the application of laws that exist in society. Judges should also apply customary criminal sanctions, thereby demonstrating that criminal law policies protect customary law communities. In imposing sanctions, the panel of judges is expected to be guided by the harmony of law enforcement objectives, based on local wisdom. The application of the Tri Hita Karana concept as local wisdom in customary criminal sanctions shows that criminal law policy provides a sense of justice and protects customary law communities as victims, and restores harmony in the lives of Balinese customary law communities.

Sustainable and Quality Tourism Training for the Local Community of Braga Tourism Village

The readiness and participation of the community inbalancing their area to become a destination with quality tourism is needed.Therefore, community empowerment is needed, which aims to harmonizethe existing strategic plan for the community living in Braga Tourism Village,which requires readiness and participation in its development because thecommunity lives around an area with historical and cultural tourism potential,which of course needs to be preserved and utilized by applicable laws. Thecommunity needs to identify the potential and implement suitable programsbased on the concept and applicable laws. With this provision, it washoped that community-based tourism efforts would support the existenceof areas with potential cultural and historical attractions and promote qualitytourism. This community service program aims to provide material on theconcept of quality tourism and sustainable tourism. This program aimedto maximize the potential of the cultural history tourist attraction of BragaTourism Village, which then targets the community to understand and applythe material that has been given in the training. The activity method is inthe form of exposure to quality and sustainable tourism material to maximizeexisting potential. This program was divided into three parts: planningand preparation, implementation, monitoring, and evaluation. This trainingprogram was well executed because the community had better post-testscore results compared to the pretest. However, they still need to learn moreabout the positive impact of tourism on the environment and its applicationin the community, especially businesses that support tourism.

행정기본법 및 기타 법령상 이의신청제도와 그 개선방향

As enforcement of General Act on Public Administration, its Art.36 Civil Objection to Administrative Disposition System has important in Korean Legal System. In consequence of comparative legal research, it become clear that many countries - Germany, France and Dutch- have similar scheme for Civil Objection to Administrative Disposition. However in Korean legal System, Systemic Contradiction between provision for Civil Objection to Administrative Disposition should be resolved. Not only General Act on Public Administration, but also Civil Petitions Treatment Act has general clause for Civil Objection to Administrative Disposition System. Nonetheless provisions for Civil Objection to Administrative Disposition of two Acts is discrepant. Priority order in application of laws, Extension effect of period for filing lawsuit are still debatable. It’s even more confusing in legal terminology and provision of Other Law and Regulations. These require a solution which is a clarifying statutory amendment.

The Urgency of Implementing a Cyber Notary in Indonesia: A Comparative Study with The United States

Introduction: Current technological developments have an influence on all aspects of human life, including government administration. Notaries are non-governmental public officials who provide public services in providing good governance for the community. However, notarial services in Indonesia are carried out conventionally, which slows down notarial services. Different things happened in America. America is a country that has advanced technology.Purposes of the Research: The aim of this research is to analyze the urgency of implementing cyber notary in Indonesia, find differences in legal regulations and application of law regarding cyber notary in Indonesia and America and find the right solution in organizing cyber notary in Indonesia.Methods of the Research: The research used normative juridical method with secondary data from primary legal sources including various laws and acts like Law Number 2 of 2014, Law Number 30 of 2014, and others related to notarial acts, personal data protection, and blockchain technology in California and Illinois.Results of the Research: The research reveals Indonesia lacks comprehensive laws for cyber notaries. Learning from the US, which has established regulations, Indonesia needs to revise its Notary Law to incorporate cyber notaries and uphold principles of good governance.

PROBLEMS OF JUDICIAL ACTS REVIEW IN THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN

The work is devoted to studying the problems of reviewing court decisions of lower courts by the Supreme Court of the Republic of Kazakhstan. This article examines the control of higher courts over lower courts' activities in the system to ensure the rule of law in case consideration and decision-making. The procedure of reviewing judicial decisions by a higher court that have become effective and those that are not effective in the order of cassation and supervisory review, as well as representations of the President of the Supreme Court, and protests of the Prosecutor General of Kazakhstan, are investigated. Problems of citizens' implementation of their constitutional rights to judicial protection and appeals against court decisions are highlighted. The grounds for reviewing judicial acts that have entered into force, the range of subjects entitled to apply for review, criteria for the admissibility of appealing judicial acts as well as procedure for preliminary consideration of complaints and protest by a judge alone is shown. The analysis of these issues allows us to conclude that the current grounds and procedure for reviewing judicial decisions of the appeal and cassation courts based on the submissions of the Chairman of the Supreme Court and the Attorney General of the Republic of Kazakhstan firstly hinder the realization of citizens' constitutional right to judicial protection, including the right to appeal against judicial decisions, and secondly prevent the formation of consistency in judicial practice. The lack of guidance to lower courts on reviewing judicial decisions by way of cassation and supervision has once again convinced courts of their inability to achieve consistency in the interpretation and application of law, as well as failure to contribute effectively to citizens' exercise of the right to justice. The paper provides a critical analysis of judges, lawyers, and legal experts on the current process for the Supreme Court of the Republic of Kazakhstan to review appeals and cassation court decisions. At the end of the paper, the author draws conclusions and makes suggestions regarding the enhancement of the constitutional right to judicial protection and uniformity in court practice.

Arbitration Trends and Challenges in Transnational Commercial Disputes

As globalization accelerates, cross-border business grows, leading to more disputes. Traditional litigation often fails to meet demands for efficient, flexible resolution. At this time, the alternative dispute mediation mechanism, such as arbitration, has emerged and demonstrated its irreplaceable utility in dealing with international commercial conflicts. The main purpose of this paper is to examine the practice trend and the existing difficulties of arbitration in the mediation of transnational commercial disputes in recent years. Firstly, through a systematic review of the literature, we can extract the fundamental characteristics of transnational commercial arbitration and outline its evolution.Secondly, it analyzes the latest practice of arbitration system in the world and the influence of technological innovation. Then, this paper deeply discusses the specific problems encountered in the practice of arbitration, including the obstacles in the application of law, the execution of awards, etc. Finally, based on the above research results, this paper puts forward strategies and suggestions to improve transnational commercial arbitration procedures, aiming at promoting fairer and more efficient operation in this field. It is expected that this research can contribute enlightening reference to the future evolution path of cross-domain commercial dispute arbitration.

Perlindungan Hukum Terhadap Kebebasan Pers (Wartawan) Dalam Melakukan Kegiatan Jurnalistik

Introduction: Freedom of the press is fundamental. Freedom is meant in the context of exercising the rights, functions and roles of the press. Journalists as people who carry out these functions and roles, get guaranteed legal protection. In Article 8 of Law No. 40 of 1999 concerning the Press it states "In carrying out their profession journalists receive legal protection". However, in reality, cases of violence, intimidation and threats against journalists are still occurring.Purposes of the Research: Reviewing and discussing whether actions that impede freedom of the press can be held criminally responsible and reviewing and discussing legal protection for freedom of the press (journalists) in conducting journalistic activities.Methods of the Research: The research method used is normative research based on statutory approaches, case approaches and conceptual approaches.Results of the Research: The results of the research found that acts that impede freedom of the press (journalists) in carrying out journalistic activities are criminal acts and for those actions committed, they can be held criminally responsible and can be processed based on applicable law. On the other hand, legal protection from both the government and/or the public for journalists must be carried out with full awareness and a high sense of responsibility so that good synergy is built to create a sense of security for journalists in carrying out their noble duties.

Unfair competition law in Ghana: unravelling the scope, evolving jurisprudence, challenges and future directions

Abstract Despite its implications for businesses and consumer welfare, unfair competition law has received limited scholarly attention in Ghana. This article fills a significant research gap by examining Ghana’s legal framework for unfair competition, focusing on legislative measures and court decisions in an attempt to facilitate comprehensive academic inquiry into the subject. The article explores how Ghana addresses unfair competition in line with international standards, particularly Article 10bis of the Paris Convention and the Trade-Related Aspects of Intellectual Property Rights Agreement. It assesses how Ghanaian courts have developed unfair competition protection jurisprudence over time with co-existing statutory and common law regimes. Additionally, it highlights the challenges in applying the law and areas for improving it. The study demonstrates how Ghana adopts various approaches to unfair competition, comprising a single source statutory reference point which coexists with the common law tort of passing off. The statutory approach, alone or with the other approaches, meets Ghana’s international obligations. However, there is a need for coherence and effectiveness in the interaction between statutory law and common law principles. Understanding this interaction is essential for ensuring Ghana’s consistent and effective application of unfair competition laws.

The scope of application of Rolland's Laws

As chamadas leis de Rolland desempenham um papel central na estruturação e na compreensão do Direito Administrativo, que recebe influência francesa, como ocorre no Brasil. Recorrendo, principalmente, às doutrinas clássica e contemporânea, e empregando argumentos baseados na jurisprudência e na legislação, o texto analisa a abrangência da célebre construção teórica de Louis Rolland na dinâmica da França contemporânea. Os fundamentos apresentados conduzem a comparações inevitáveis com a realidade brasileira. Quanto à sua organização, o estudo evolui do plano teórico para o exame de situações concretas. Citam-se exemplos. Examinam-se e contrastam-se princípios. Conforme sustenta a autora, o regramento diz respeito também ao âmbito privado, em razão das numerosas entidades que, hoje, desempenham funções de serviço público. Na realidade, a reflexão sobre a abrangência das leis de Rolland demonstra, hoje, ser imperativa.

"Context as a Reason for Exclusion of the Application of Domestic Tax Laws Under the Tax Treaty"

"Context as a Reason for Exclusion of the Application of Domestic Tax Laws Under the Tax Treaty"

Handling child labor in Banda Aceh City: An analysis in optimizing stakeholder participation

In Banda Aceh, it is common to see children who are not yet of working age selling in cafes and at traffic lights. Their working hours exceed 3 hours a day, and the work they do can threaten safety and interfere with children’s education, which is in conflict with law number 13 concerning employment. This study aims to determine stakeholder participation in handling child labor in Banda Aceh City. Employing qualitative research methods with a descriptive framework, researchers identified multiple actions undertaken by stakeholders in addressing child labor in Banda Aceh City. First, the Banda Aceh City Social Service has the authority to provide guidance to child workers. Second, DP3AP2KB Banda Aceh City has the authority to prevent and handle violence against children. Third, the UPTD PPA Banda Aceh City has the authority to respond quickly and is psychoeducational to child victims of violence. Fourth, Banda Aceh City Satpol PP and WH have the authority to supervise, control, and safeguard child workers to maximize public order and community security. Furthermore, the challenges in handling child labor in the City of Banda Aceh are: 1) the behavior of people who easily feel pity; 2) the behavior of child workers who are used to working on the streets; 3) the limited authority of the government; 4) weak applicable laws and no special regulations regarding child labor.

Legal analysis of the risks in art exhibition contracts from the perspective of international law

International art exhibitions can lead to disputes between multiple parties due to their transnational and complex nature, unlike domestic art exhibitions. The “Kiefer” Chinese painting exhibition triggered a series of controversies that should not be overlooked. Professionals in the art industry should reflect on these controversies to gain insights and promote the development of the field. This article focuses on the “Kiefer” incident to discuss the major risk points in the international art exhibition process. The article is divided into three parts. The first part concerns the selection and application of the law, where parties must carefully consider which laws and international rules to apply. The second part addresses the nature of the contract and liability, examining how the applicable law affects the legal nature of the contract and the obligations of the parties involved. The third part deals with unauthorized disposition and judicial seizure, focusing on issues of good faith acquisition when a party receiving artwork illegally disposes of it without the owner’s permission, as well as the problem of judicial seizure and immunity from judicial seizure of artworks (including cultural relics) involved in litigation.

Simulating judicial trial logic: Dual residual cross-attention learning for predicting legal judgment in long documents

Legal Judgment Prediction (LJP) plays a vital role in judicial assistance systems, aiming to predict judgment outcomes automatically from the fact descriptions in legal cases. A key challenge in LJP lies in effectively capturing decisive information that influences legal judgments — such as criminal events, behaviors, and consequences — especially from lengthy legal documents. Existing approaches, which incorporate domain-specific knowledge, have attempted to improve the ability to capture decisive information but often fail to adequately address the complexities of longer texts and may introduce noise, leading to incorrect predictions. To overcome these limitations, we propose a novel method, JuriSim, for predicting Chinese criminal legal judgments in long documents by incorporating the knowledge of judicial trial logic. Specifically, JuriSim extracts legal events and generates rationales based on fact descriptions to capture the decisive information that influences judgment outcomes. Then, a dual residual cross-attention mechanism is introduced to interactively process facts, events, and rationales for predicting relevant legal statutes, charges, and term of penalties. This mechanism allows the model to reduce the loss of important information and the retention of incorrect information during the aggregation process. Furthermore, we present a constrained cross-entropy loss, utilizing the topological relationship between charges, terms, and applicable law statutes. Experiments conducted on the publicly available CAIL-Long criminal dataset demonstrate the efficiency of the JuriSim framework in predicting legal judgments, especially for cases involving long documents. JuriSim_Lawformer shows a relative improvement of 3.45% in Macro-F1 for charge prediction and 3.05% for term of penalty prediction, compared to Lawformer.