Legislative Approach Research Articles

Problems of ensuring the systematic legal regulation of the functioning of the innovative infrastructure

Problem setting. In the conditions of martial law, the problems of rebuilding the national innovative economy and legal regulation of the activities of innovative infrastructure entities are of primary importance for ensuring national security and adapting to new challenges. Effective legal regulation of the functioning of innovation infrastructure entities using a systemic approach is able to ensure the proper level of development and functioning of the national innovation ecosystem and all its subsystems, including regional ones. However, at present, the state innovation policy and regional innovation policy do not have an effective relationship and an effective mechanism for supporting the activities of innovation infrastructure entities. Analysis of recent researches and publications. Problems of legal support and improvement of the functioning of the national innovation infrastructure and its elements have been studied by many scientists. S. V. Hlibko considered the issue of legal support for the strategy of the innovation process based on the organization of the functioning of the innovation infrastructure, including the features of the infrastructure support for the innovation process. O. V. Rozghon investigated the mechanism of technology transfer and its implementation in the innovation process. The issues of legal regulation of public procurement as a means of state regulation aimed at stimulating innovative activity in the European Union were considered in the scientific works of V. A. Chubenko. Purpose of research is to study the topical legal issues of ensuring the systematic legal regulation of the functioning of innovation infrastructure. Article’s main body. The legal support of the national innovation ecosystem should have effective means of supporting and stimulating the implementation of innovative activities and the corresponding infrastructural support of the innovation process, taking into account modern challenges and generally defined strategic orientations of the state in this area, at the same time, the construction of an effective innovation policy should also take place according to the principle of adaptive formation, taking into account real the needs of regulatory regulation, the current state of innovation development, the need to ensure effective interaction between all subjects of the innovation infrastructure and components of the national innovation system. It has been correctly determined that various legislative and by-laws in the field of innovative infrastructure development are insufficiently consistent and meaningfully connected, for the vast majority of elements of innovative infrastructure, both the content and the order of creation, specifics of activity, mechanisms of state regulation, etc. have not been defined. Therefore, the regulatory and legal provision of innovative infrastructure should be of a sys-temic nature, taking into account the peculiarities of carrying out innovative activities in the conditions of martial law and the urgency of the processes of Ukraine’s integration into the European political, economic, security, and legal space and the approaching acquisition of Ukraine’s membership in the European Union. Thus, ensuring the systematic legal regulation of the activities of innovation infrastructure entities is a key task in creating a favorable environment for the development of innovations; to achieve this goal, it is necessary to implement complex approaches and develop appropriate legislative mechanisms. In addition, ensuring the system of legal regulation of innovative activity requires a comprehensive approach and improvement of current legislation, taking into account the requirements of the modern innovation market and the need to accelerate European integration processes. Conclusions and prospects for the development. Based on the analysis of issues regarding the state of regulatory regulation of the functioning of innovative infrastructure, it is reasonable to conclude that the main shortcomings in the regulation of the specified area are: unsystematic legal regulation of the development of innovative infrastructure; lack of a purposeful and consistent state innovation policy coordinated with regional directions of innovation development; lack of effective systematic forecasting and strategic planning of the development of the sphere of innovative activity; insufficient regulatory and legal settlement of issues of innovation infrastructure development (including the declarative nature of innovation legislation and its inconsistency with strategic planning documents); lack of effective mechanisms for state support and stimulation of innovative infrastructure, etc. The solution of the mentioned problems requires the improvement of the state innovation policy regarding the support and development of the innovation infrastructure, the formation of a complete system of forecast and program documents of the country’s innovation development based on a comprehensive analysis of the situation, taking into account the influence of external and internal factors and the expected trends of changes in the influence of these factors in the long term.

To the issue of the legal status of war veterans and their labor guarantees

Problem setting. For war veterans, as a socially vulnerable group of the population, it is extremely important to realize the right to work with the help of labor guarantees established by law, since work can be an effective way to return a war veteran to civilian life, providing him or her with adequate mental and/or physical activity and distraction from the military past. Labor law is faced with the task of defining the specifics of the legal status of war veterans in terms of realization and observance of their labor rights, and ensuring proper protection of their rights in case of violation. Purpose of research is to analyze the concept of “war veterans” and its composition, to study the legal status of persons recognized by law as war veterans and to improve it, and to review labor guarantees for war veterans as an important element of their legal status. Analysis of recent researches and publications. The doctrine of labor law studied the rights, freedoms and obligations of servicemen, for example, we note the monographic study of V. Pashynskyi, L. Medvid, B. Shamrai, devoted to the legal status and social protection of servicemen, the article of M. M. Shumylo, which examined the guarantees of labor rights of persons called up to the Armed Forces of Ukraine during the war, and the article by N. V. Khortiuk, which focused on the concept and features of military personnel as subjects of labor law. At the same time, no scientific research has been conducted on labor rights and guarantees of war veterans as subjects of labor law. The closest in terms of subject matter is the scientific article by V.P. Kokhan, which is devoted to the mechanisms of employment of war veterans based on the results of professional adaptation. Article’s main body. The article analyzes the concept of “war veterans”, its composition, examines the legal status of persons recognized by law as war veterans, and proposes to improve the legal status of war veterans. The author determines that the legislation links the granting of veteran status with the time limits of a particular war. The disadvantage of this approach is that the separation of the time of experience gained by military personnel leads to an unfair comparison of the contribution of the military who stood up for defense in other historical periods, and as a result, these categories of persons and their family members receive different compensation payments and benefits. This situation is a violation of the principles of equality and fairness of social security law and a manifestation of discrimination in the field of social protection against war veterans. Conclusions and prospects for the development. The article proposes to change the legislative approaches to the concept of “war veterans” and to determine the legal status of this category of persons on the basis of their combat experience rather than the timeframe of military conflicts. The author reviews the labor guarantees of war veterans as an important element of their legal status. It is noted that labor guarantees are an important tool for protecting the labor rights of war veterans who have returned to civilian life, since they are an effective legal mechanism for realizing the social and labor rights of this category of persons. In the field of labor, additional labor guarantees established for war veterans help not only to protect labor rights, but also facilitate a painless and quick transition from military service to civilian life.

The principle of ensuring the right to appellate review of a case and, in cases determined by law, to cassation appeal of a court decision as a fundamental (constitutional) principle of Ukrainian justice

This publication is aimed at studying the principle of ensuring the right to appellate review of a case and, in cases specied by law, to cassation appeal as a fundamental constitutional principle of Ukrainian judicial procedure, and at identifying the issues of its interpretation and implementation within the framework of civil proceedings, and at formulating conclusions and proposals aimed at resolving the identied issues and contributing to the improvement of judicial practice. The paper 1-rst denes the signicance of this principle for achieving the tasks of civil procedure and analyzes its place in the system of other principles of civil procedure. It is found that the principle of ensuring the right to appeal a case and, in cases dened by law, to cassation appeal does not compete with other principles of civil procedure, but organically complements them, allowing to correct judicial errors made, thereby guaranteeing the principles of legality, objective truth and others. The analysis of the name of the studied principle revealed a legislative narrowing of its content, used by the indication of the possibility of appealing a «court decision», while other legislative provisions and the practice of civil procedure indicate the possibility of appealing rulings and orders of the court. The e-ectiveness of the legislative approach to the comprehensive nature of the appeal is substantiated, with the exclusivity and extraordinary nature of the cassation review of court decisions that have entered into legal force and the e-ectiveness of existing mechanisms for implementing this provision (a wide range of subjects of the appeal, limitation of the cassation appeal for certain categories of cases, mandatory preliminary appeal of the court decision, etc.). A certain problem was revealed during the analysis of the civil procedure law norm regarding the denition of the objects of appeal in the aspect of its content presentation through the prism of its consistency with the constitutional norm (64 of the Constitution of Ukraine), according to which the limitation of constitutional rights and freedoms of a person and citizen should be provided for by legal norms, therefore, through the prism of consistency with this provision, it would be more logical to establish a prohibition on appeal in relation to each individual judicial act. Legislative work aimed at eliminating certain imperfections in the legal regulation will contribute to a more e-ective implementation of the principle of ensuring the right to appeal a case and, in cases dened by law, to cassation appeal in the practice of civil proceedings.

An Analysis of the Theory of Justice against the Standard of Proof Beyond Reasonable Doubt in the Judge's Decision in the Jessica Kumala Wongso Case

This research aims to find out the theory of justice that can be used by judges in proving criminal cases in Indonesia and the use of the theory of justice in the standard of proof beyond reasonable doubt in the judge's decision in the Jessica Kumala Wongso case. This research uses normative legal research methods with legal philosophy, legislation and conceptual approaches. The data source used is secondary data consisting of primary legal materials and secondary legal materials analyzed qualitatively with deductive inference, starting with general principles and concepts about the theory of justice and the standard of proof beyond reasonable doubt, the analysis moves towards specific propositions to determine the value of justice and the relevance of this standard in the judge's decision in the Jessica Kumala Wongso case. The study found that Gustav Radbruch's theory of justice can be applied by judges in Indonesian criminal cases, using six evidentiary parameters: theory of evidence, minimum evidence, evidence, presentation of evidence, burden of proof, and strength of proof. These parameters reflect Radbruch's legal values of justice, purpose, and legal certainty. Judges using Radbruch's theory prioritize justice, followed by purpose and legal certainty. In Jessica's case, despite doubts about the evidence, the judges found her guilty beyond a reasonable doubt, aligning with Radbruch's principle that justice should take precedence in the standard of proof.

Perlindungan Perlindungan Terhadap Perempuan Korban Kekerasan Berbasis Gender Online Dalam Era Digital

In today’s digital era, sexual violence crimes often occur in cyberspace. Based on the annual records of the National Commission on Violence Against Women, reports of cases of online gender-based violence have increased in the last five years. Cyberspace is currently not a safe space for women. As a basic law, the Indonesian Constitution of 1945 explicitly regulates the right to a sense of security and protection for everyone. The methods used in this study are normative juridical using a legislative approach and a case approach. The purpose of this study is to provide legal arguments regarding whether an event is right or wrong and how the event should be according to law. Based on the results of the study, in law enforcement, law enforcement officers often use the electronic information and transactions law and the pornography law which results in victims being in a vulnerable position. The negative stigma from society and criminalization of victims result in a minimum of cases being resolved through litigation so that victims do not get the right to handling and recovery as mandated by the law on sexual violence. The state must guarantee a safe space for women in cyberspace. The state must carry out its commitment to provide justice and restitution to victims as mandated by law. For the sake of legal certainty, the government must immediately ratify the implementing regulations of the law on sexual violence. Provide socialization to the public regarding the law on sexual violence to increase public legal awareness and improve the competence of law enforcement officers by providing training in handling cases of online gender-based violence.

Perlindungan Hukum Terhadap Konsumen Dalam Jual Beli Pakaian Bekas (Thrifting) Melalui Aplikasi TikTok

Abstract This research aims to provide an explanation regarding the legal provisions governing the legality of buying and selling second-hand clothing or thrifting through the TikTok application in Indonesia, as well as the protection offered by law to consumers who purchase second-hand clothing. To complement that objective, this research employs a Normative Juridical method using a Legislative approach. This research shows the following results: First, the practice of buying and selling second-hand clothing in Indonesia is not prohibited; however, if the second-hand clothing being sold is imported, this contradicts the Minister of Trade Regulation Number 51 of 2015 concerning the Prohibition of Importing Second-Hand Clothing and the Minister of Trade Regulation Number 40 of 2022 concerning Prohibited Export and Import Goods. Therefore, it is established that the activity of buying and selling imported second-hand clothing is ILLEGAL. Second, consumer protection in the buying and selling of second-hand clothing can be carried out in two ways: preventively, through the establishment of legislation on consumer protection, and repressively, through resolution between both parties (non-litigation) or by filing a lawsuit in the General Court (litigation). Keywords: Buying and Selling, Second-Hand Clothing, Import, Law, Consumer Protection.

Kedudukan Ahli Waris Yang Berkelamin Ganda (Khuntsa)Menurut Hukum Waris Islam

The occurrence of someone who has dual genitalia in general in society has various impacts. Many cases have emerged that require handling. The purpose of this study is to determine the legal status of the heirs of Indonesian citizens who have dual genitalia (khuntsa) and how the rights to inherit the inheritance of heirs who have dual genitalia (khuntsa) or whose status is in doubt according to Islamic law. This type of research uses normative legal research which is based on the formulation of the problem and the purpose of the research. With the method of legislative approach and conceptual approach. The results of the study explain that the inheritance rights of khuntsa have not been explicitly regulated in the KHI, and in the Qur'an there has been no inheritance law for khuntsa. In determining the legal status of this khuntsa, it can be seen from the signs of maturity and where it urinates as mentioned in the hadith narrated by HR. Ibn 'Abbas, and can perform sex change operations. The heirs agree in calculating the level of the khuntsa musykil part by estimating and calculating it as a man then as a woman. Khuntsa and other heirs receive the smallest estimated share, while the rest that is still in doubt is withheld until the legal status of the khuntsa is clear. Keywords: Heirs, khuntsa, Islamic law

Proving Illegal Access in Combating Cybercrime in Indonesia

The development of information and communication technology has led to the existence of new media in the form of the internet which causes world relations to become borderless and causes significant social, economic, and cultural changes and even crimes in the field of the internet are increasing. The formulation of the problem that will be raised as a problem in this study is How to prove illegal access in the prevention of cybercrime in Indonesia? And what is the process of investigating illegal access cases in the prevention of cybercrime in Indonesia? The research method used is normative juridical with a case, legislation and concept research approach. The legal materials used are primary, secondary and tertiary, while the analysis of qualitative legal materials is qualitative. The results of the study show that proving illegal access in handling cybercrime cases in Indonesia still faces various challenges, especially in terms of identifying perpetrators and limited human resources. However, with the right strategies, including increased international cooperation, the use of advanced technology, and ongoing training, these challenges can be overcome. Revision of existing policies and increasing the capacity of law enforcement are the main keys in increasing the effectiveness of cybercrime countermeasures. The process of investigating illegal access cases in Indonesia requires an integrated approach, involving sophisticated forensic technology, understanding of legal regulations, and international cooperation. By integrating criminological theories such as Routine Activity and Strain, as well as leveraging insights from the current literature and best practices, law enforcement can improve their ability to deal with cybercrime.

Implementation of Article 45 of Law No. 1 of 1974 concerning Marriage Related to the Fulfillment of Children's Rights After Divorce Based on the Principle of Legal Certainty

This study explores how Article 45 of Law No. 1 of 1974 concerning Marriage is applied to fulfill children's rights after divorce. The main focus of this study is to understand how the principle of legal certainty, which is the legal basis in Indonesia, is implemented in divorce cases, especially related to the fulfillment of children's rights. This study uses a normative juridical method with a legislative approach and secondary data analysis. The results of this study show that although Article 45 of the 1974 UUP explicitly regulated the obligations of parents to fulfill the rights of children after divorce, in practice, there are still various obstacles. These obstacles include a lack of legal understanding and awareness from the parties, as well as gaps in the application of the law that cause children's rights to not be fully fulfilled. This study recommends improving regulations and increasing supervision in implementing existing policies. Thus, it is hoped that children's rights in divorce cases can be better protected, in line with the principle of legal certainty guaranteed by law.

Juridical Analysis of Build Operate Transfer Agreements at the Mataram Mall Building

The purpose of this research is to identify and analyze the regulation of Build Operate Transfer (BOT) agreements in positive law in Indonesia and the legal issues in the BOT agreement between the Mataram City Government and PT Pacifik Cilinaya Fantacy. The research method used is normative legal research with a legislative approach and a conceptual approach. The types of data used include secondary and primary data. Secondary data consists of literature sourced from primary, secondary, and tertiary legal materials. The regulation of Build Operate Transfer is essentially the same as general contract regulations, which are governed by the third book of the Civil Code regarding obligations. Additionally, Build Operate Transfer is also regulated by several other regulations, including: Government Regulation No. 27 of 2014, Presidential Regulation No. 13 of 2010, Minister of Finance Regulation No. 78/PMK.06/2014, and Minister of Finance Regulation No. 02/PMK.06/2008 concerning the Appraisal of State-Owned Assets. The legal issue in this Build Operate Transfer agreement is that PT Pacifik Cilinaya Fantacy failed to comply with and PT Pacifik Cilinaya Fantacy regarding the management of the APHM Cilinaya Area. PT Pacifik Cilinaya Fantacy did not fulfill its obligation to pay royalties to the Mataram City Government from 2016 to 2019.

CONSENSUAL TERMS MODIFYING CONTRACTUAL LIABILITY IN THE LIGHT OF UAE LAW: A COMPARATIVE STUDY WITH FRENCH LAW

Background: In the context of UAE law, this study explores the legitimacy and application of terms that modify contractual liability, drawing a comparative analysis with French law. Contractual terms are essential in shaping agreements, reflecting the parties' expectations and strategies for managing future risks. Since the 19th century, these terms have evolved significantly due to industrial growth and an increase in civil liability disputes. They are designed to limit or exclude a party's liability in the event of a contract breach, offering a mechanism for risk management and economic cost estimation. The paper differentiates between terms that directly address liability and those pertaining to the initiation of liability lawsuits. It examines various clauses, including guarantee clauses, terms that reduce liability, and penal clauses that establish fixed compensation amounts to incentivise contract performance. Additionally, contemporary legal frameworks, including both French and UAE laws, increasingly impose restrictions on contractual freedom to protect vulnerable parties, such as consumers and employees, by prohibiting certain terms and granting judges the authority to invalidate unfair clauses. The study analyses UAE legal texts in comparison with French jurisprudence to clarify the UAE legislator's perspective on the legitimacy of terms. Methods: This study aims to conduct a comparative analysis of Emirati and French laws on modifying contractual liability by analysing primary and secondary sources such as legal texts, judicial decisions, and commentaries. It examines legislative approaches and judicial interpretations, aiming to identify similarities, differences, and areas for UAE legal reform. Inductive reasoning is used to derive broader principles, assessing the effectiveness and fairness of both legal frameworks and considering key differences and guiding principles. Results and conclusions: To define the parties' rights and responsibilities, the parties must agree upon clear and explicit terms that define the damage scope, compensation limits, and exceptions to the contract. Even though these terms are common and regulated, the courts play a significant role in interpreting them, posing legal challenges when unclear. In the UAE, the Civil Transactions Law permits such terms under contractual freedom but lacks clarity on their legality, leaving judicial discretion under Article 206. Other UAE laws explicitly invalidate these terms, aligning with international standards. Post-2016, French law also invalidates terms that remove essential obligations. It is recommended that the UAE legislator clarify its stance on these terms within civil transactions, aligning with other UAE laws, to clearly specify what conditions are acceptable.

The objective side of the criminally punishable violation of legislation on plant protection

The article is devoted to the study of the elements of the objective side of the composition of a criminal misdemeanor, provided for in Art. 247 of the Criminal Code of Ukraine “Violation of legislation on plant protection”. The foreign experience of criminal protection of flora is partially highlighted. It has been established that within the framework of several criminal law prohibitions, in which damage to objects of plant life appears as one of the alternative consequences of encroachment on various spheres (elements) of the environment, the Criminal Code of the Federal Republic of Germany embodies a different from Art. 247 of the Criminal Code of Ukraine approach toward an end-to-end regime for the protection of plant life, which is a manifestation of law-making authenticity. It has been established that a similar approach was reflected in the project of the new Criminal Code of Ukraine. The content of the blanket disposition of Art. 247 of the Criminal Code of Ukraine is detailed; acts of regulatory legislation are listed, on which the law enforcement officer must rely when incriminating this criminal law prohibition; actions that can be regarded as a corresponding socially dangerous action – violation of the legislation on plant protection are specified. Based on the results of the analysis of the text of the criminal law and the limited practice of the corresponding law enforcement, both the justification of the construction of the disposition of the researched prohibition according to the blanket type, and the generally practical problem absence of its proper specification in the way of referring to a number of acts of regulatory legislation have been proven. Considerations regarding the content of severe consequences as an element of the objective side of the composition of the analyzed criminal offense against the environment have been expressed. The expediency of the existing legislative approach has been pointed out, according to which the delimitation of the composition of the criminal offense provided for in Art. 247 of the Criminal Code of Ukraine, from the composition of related administrative offenses has been carried out on the grounds of socially dangerous consequences. It has been established that Art. 247 of the Criminal Code of Ukraine remains among the “dead” prohibitions, the reasons for which must be clarified by criminological science. The opinion has been expressed that the problem of the inevitability of the criminal law response to the most dangerous violations of the legislation on plant protection lies not in the legislative, but in the law-enforcement sphere.

ANALISIS HUKUM PEMANFAATAN SUMBER DAYA AIR UNTUK KEBUTUHAN RUMAH PENDUDUK DALAM PERSPEKTIF KESEJAHTERAAN

Water is a natural resource that is very important in everyday life. Some of the benefits of water resources in daily life include irrigation in agriculture, electricity generation, and household activities. The problem that arises is whether the regulation and use of water resources is in accordance with the needs of residents' homes, and how are sanctions applied for misuse of water resources that are not in accordance with the intended needs of residents' homes? The aim of this research is to find out and analyze the use of water resources for residents' housing needs, and to provide alternative solutions to the application of sanctions for misuse of water resources that are not in accordance with the intended use of residents' housing needs. The research method used is normative juridical, with a legislative approach as primary legal material combined with observation and observation as secondary legal material, especially a welfare perspective. results: That the use of water resources for daily needs is not yet optimal, even though there have been several statutory regulations, therefore the implementation of water quality protection and management should be carried out through a process of planning, utilization, control and maintenance, so that the need for water resources for people's homes are filled. That the alternative solution is to enforce the law firmly and clearly and strictly supervise perpetrators who commit violations against the use of water resources for the needs of residents' homes.

Legislative Ratio of Strengthening State Cyber and Cryptography Agencies in Law Enforcement: A Perspective of Legal System Theory

This research aims to address cyber threats and crimes in Indonesia. Currently, the responsibility for the implementation of cyber security tasks and functions is handled by the State Cyber and Cryptography Agency (BSSN). This situation makes it very difficult for BSSN to operate if its duties, functions, and authorities in cybercrime law enforcement are only regulated through a Presidential Regulation. This study uses a normative juridical method with a legislative approach that examines norms related to the authority of investigative institutions in law enforcement against cyber crimes. These findings highlight that there were 24.6 million cyberattacks recorded from January 1 to September 7, 2022, which caused losses to the community. The existence of BSSN was formed by the President through Presidential Regulation Number 28 of 2021 concerning the State Cyber and Cryptography Agency in carrying out its duties and authority to overcome cybercrime in the face of obstacles. This requires a comprehensive legal due diligence strategy that can be adjusted to legal compliance and potential legal problems of cybercrime. The results of the study show that to ensure security, justice, and legal certainty in the enforcement of cybercrime law can be carried out properly, it is necessary to have special laws and regulations that regulate cybercrime, with the existence of institutions that will implement laws and regulations in special law enforcement to deal with cybercrime, by containing legal compliance based on the applicable national legal system.

ANALISIS PRAKTIK MONOPOLI DALAM PEMASARAN BAHAN BAKAR AVTUR DI INDONESIA DARI PERSPEKTIF HUKUM PERSAINGAN USAHA

Competition in the aviation sector is crucial for improving quality of life and the economy. The formulation of the problem of this article is the form of government policy in the marketing of avtur fuel by PT Pertamina Patra Niaga which results in monopolistic practices and unfair business competition, and the potential exemption of PT Pertamina Patra Niaga from Articles 50(a) and 51 of Law No. 5 of 1999. Using a normative legal method with a legislative approach and descriptive nature, secondary data was obtained through literature studies and interviews with the Federation of United Pertamina Workers' Union (FSPBB). The research results and conclusions are government policies in avtur marketing by PT Pertamina Patra Niaga have created a natural monopoly harming consumers and hindering healthy competition, and exemption from Article 50(a) of Law No. 5/1999 is justified, but PT Pertamina Patra Niaga does not meet Article 51 criteria as it is not a state-owned enterprise but a subsidiary of PT Pertamina Persero.

Place of Residence of a Citizen as a Condition for the Realization of Social Rights

The article analyzes the legal regulation of registration of citizens on the territory of the Russian Federation and the influence of the current order on the implementation of social rights. The position of the highest courts on the issue of determining the place of residence of a citizen is given. Among the significant factors impeding the free exercise of citizens’ rights, there is divergent judicial practice on issues of financing benefits between the constituent entities of the Russian Federation. It is noted that for executive authorities, registration measures are necessary to ensure stable financing of budget expenditure obligations. The author notes that the currently functioning citizen registration registers in Russia are sufficient to solve problems with linking the exercise of rights depending on the citizen’s place of residence. Ways to improve legislation and change approaches to registration of citizens “at the place of residence” are proposed.

The Legislative Approach to Employer Liability in Workplace Sexual Harassment Within the PRC Legal Framework: Taking American as a Counterpart

The Legislative Approach to Employer Liability in Workplace Sexual Harassment Within the PRC Legal Framework: Taking American as a Counterpart

VILLAGES AS SUBDISTRICT APPARATUS IN THE ERA OF REGIONAL AUTONOMY

<table border="0" cellspacing="0" cellpadding="0"><tbody><tr><td valign="top" width="389"><p class="TableParagraph">The Kelurahan (urban village) government in the era of Regional Autonomy has undergone many changes in line with the shift in governance paradigms as mandated by Law No. 23 of 2014 on Regional Government and Government Regulation No. 73 of 2005 on Kelurahan. The purpose of structuring Kelurahan and implementing governance in the Regional Autonomy era is to improve the coordination of governance, public services, development implementation, and the empowerment of village/kelurahan communities. The method used is empirical research with a legislative review approach, as well as conceptual and sociological approaches. The data analysis method employed is the interpretation of legislation and authentic interpretation. The expected outcome is that the Kelurahan government is required to be transparent with the community regarding both development programs and the budget received, thus fostering high levels of trust in the Kelurahan government from the public, thereby realizing the vision and mission of the Kelurahan. All public services and civil services, which were previously conventional, are now required to be technology-based. The Lurah, as the head of the government at the Kelurahan level, along with other government units including the Technical Implementation Unit, should cooperate and coordinate in all sectors by empowering the community, thereby creating a just, prosperous, and prosperous society.<em></em></p></td></tr></tbody></table>

Analysis of Causal Factors and Impact of Legal Uncertainty on Building Rights from Management Rights

Legal uncertainty faced by holders of Building Rights (HGB) derived from Land Management Rights (HPL) in Indonesia is a pressing issue that creates difficulties in maintaining and changing the status of their rights, negatively impacting their welfare and the overall land system, which this study aims to examine and address. This study uses normative legal research methods with legislative, conceptual, comparative, and case approaches. Data were collected through literature studies and analyzed qualitatively and descriptively by considering interdisciplinary aspects. Factors that cause legal uncertainty include lack of legal protection, regulatory uncertainty, ineffective legal implementation, and reliance on third parties. This impacts the difficulty of maintaining HGB, the limitation of changing rights status, and implications for people's welfare. The findings indicate the need for legal reform, increased transparency, and strengthening institutional capacity. The implications of the findings encourage the improvement of a more fair, efficient, and legal system for HGB holders. This research is important to identify the root cause of the problem and formulate recommendations for improving the soil system. Further research suggestions include comparative empirical, interdisciplinary, and action research to implement solutions.

A Review of the Human Trafficking Framework: Is the Law Sufficient to Prevent and Combat Human Trafficking in the HKSAR?

ABSTRACT This study provides a comprehensive analysis of the legal framework surrounding human trafficking in the Hong Kong Special Administrative Region (HKSAR), a region witnessing an alarming increase in such incidents. The study juxtaposes the legislative approach of the HKSAR with that of the United Kingdom and international law commitments, treaties, and resolutions. While highlighting the limitations in the HKSAR’s legal frame, primarily its nonparticipation in the Palermo Protocol to the United Nations Convention against Transnational Organized Crime 2000, it argues that legal deficiencies are not the sole contributors to the region’s human trafficking issues. It contends that underlying societal and criminal factors, such as organized crime and corruption, impede the law’s effectiveness. The study further identifies areas where HKSAR’s laws fail to define and criminalize elements of trafficking adequately. It discusses the potential of the UK’s Modern Slavery Act 2015, despite its criticisms, and explores if such a reform could benefit Hong Kong. This study aims to stimulate dialogue and research to enhance legal frameworks combating human trafficking.