Authority Of Law Research Articles

Presidential Campaign Authority in The General Election Law

The President's Authority to Campaign during the General Election has recently become an interesting topic of discourse among the public. Some people think that the President should not campaign to maintain the neutrality of elections, the President's dignity, and so on. However, on the other hand, the public thinks that it is okay for the President to campaign because basically it is not the norm in the laws and regulations that has been violated. Therefore, this research aims to examine the President's authority to campaign in Law Number 7 of 2017 concerning General Elections. This research is a qualitative research with a normative approach that uses legislative regulations as the main focus to elaborate and explain comprehensively the authority of the President's campaign in the General Election Law. The data used in this research is secondary data that researchers obtained from statutory regulations, scientific journals, books, credible websites, and a number of other sources that are commonly used in every research. These data were analyzed using grammatical and teleological legal interpretation methods. The result in this articel show 1. There are two different opinions, namely those who agree with the president's campaign with the argument of maintaining ELECTION neutrality, potentially causing abuse of power, and maintaining presidential ethics. But on the other hand, they think it's okay because no rules have been violated. 2. Article 281 paragraph 1 of Law Number 7 of 2017 concerning General Elections regulates the President's ability to campaign as long as he does not use state facilities and takes leave. However, this article was interpreted differently by Bivitri Susanti because it relates to the President who will nominate again and the President must be registered in the campaign team. Apart from that, Zainal Arifin Mukhtar also has the same opinion that the President's campaign could cause legal complications and could potentially lead to the practice of nepotism. 3. The researcher does not agree with the two constitutional experts because there is an inconsistency in Bivitri Susanti's argument that initially the president was not allowed to campaign by interpreting market 281 paragraph 1 as relating to the incumbent President, but in the next sentence it seems to allow it by requiring the President to be included in the campaign team. Regarding Zainal Arifin Mukhtar's opinion, researchers consider that campaigning and nepotism are two very different things. Can campaigning is something that has not happened and is stated in the laws and regulations, whereas nepotism is something that has already happened and needs to be proven first and it does not necessarily mean that the President campaigning is nepotism. The researcher adheres firmly to the principles of Nullum Delictum, Nulla poena sine praevia lege poenali" and the fiqh rule "Al-Ashlu Fil Muamalah Ibahah Hatta Yadulla Daliil 'Ala Tahrimiha". The researcher believes that article 281 paragraph 1 has provided a comprehensive explanation regarding these abilities and the limits of the President. if you want to campaign.

The use of information and telecommunication networks for criminal purposes: regulatory accounting and prospects for expanding criminal law authority

The rapid digital transformation of crime determines the high importance of criminal law regulation, which, according to some scholars, requires modernization to ensure a stricter state censure of persons encroaching on security in the information and communication space. Critically assessing this proposal, whose implementation will entail numerous norms that are constructively inconsistent with the requirements of non-characteristic property of a qualifying feature for acts, which threatens to artificially increase the danger of crime, the author proposes to amend the law, ensuring a unified definition of the relevant objective feature. The totality and multivariability of the use of information and telecommunication networks for criminal purposes actualizes the issue of determining the boundaries within which the involvement of communication reserves of the relevant technologies will form a mechanism for a criminal act, the significance of which has increased due to the broad interpretation by the Plenum of the Supreme Court of the Russian Federation of the relevant objective feature in relation to the composition paragraph "b" part 2 Article 228.1 of the Criminal Code of the Russian Federation. The systematic implementation of the law may serve as a basis for a broad definition of this feature also within the framework of other compositions, posing a threat of judicial penalization of acts. The repressive nature of criminal law regulation precludes hasty reforming of the law, devoid of criminological substantiation. The decision to expand the differentiating meaning of the analyzed objective feature may be dictated by the emergence in society of social relations that are not regulated by law, giving rise to acts that pose danger, or to ensure a unified normative definition of related criminal acts. The methodological basis is made up of general scientific (analysis and synthesis, dialectics) and private scientific research methods (criminal-statistical, systemic structural, formal legal).

On the interplay between competition law and privacy: the impact of Meta Platforms case

ABSTRACT In July 2023, the Court of Justice of the European Union (CJEU) issued a landmark judgment at the intersection of competition law and data privacy law. This article delves into two pivotal aspects: firstly, the recognition of privacy-related harms as factors within the realm of competition law considerations; and secondly, an examination of the role of competition law authorities in addressing infringements related to data protection. The analysis emphasizes the practical significance of the CJEU decision, asserting its importance rather than controversy. The judgment provides clarity on how regulatory rules can influence competition assessments and highlights the potential for competition authorities to consider the broader market and regulatory landscape without exceeding their mandate.The Facebook case, while not exhaustive, marks a crucial step in elucidating how regulatory rules influence competition assessments and how competition authorities can navigate broader market and regulatory considerations within their mandate. .

Obligation to Submit Tax Data and Information From Agencies, Institutions, Associations, and Other Parties To Maintain The Authority of Law and The State

Law Number 28 of 2007 concerning the Third Amendment to Law Number 6 of 1983 concerning General Provisions and Procedures for Taxation and Government Regulation Number 31 of 2012 concerning the Provision and Collection of Data and Information relating to Taxation have regulated that every government agency, institutions, associations and other parties (ILAP), are obliged to provide data and information relating to taxation to the Directorate General of Taxes (DJP), the provisions of which are regulated by Government Regulations. Even though Article 41C of Law No. 28 of 2007 regulates a maximum prison sentence of 1 year and a fine of 1 billion for people who deliberately do not carry out obligations as regulated in Article 35A, in practice the provision of submission of tax data and information from ILAP does not work. properly. To realize the implementation of these obligations, the DJP took another approach through the creation of a Memorandum of Understanding/ Agreement/MoU to a Cooperation Agreement in order to obtain tax data and information from the ILAP. The research study used in writing research methods focuses on and examines the application of rules and norms in positive law. Using Legal Certainty Theory by Gustav Radbruch. The results of the research, what was found was that the implementation of the obligation to submit tax data and information from ILAP did not run in accordance with positive law, namely Article 35A of Law Number 28 of 2007 concerning the Third Amendment to Law Number 6 of 1983 concerning General Provisions and Tax Procedures. . Researchers suggest changes to norms in Article 35A of Law Number 28 of 2007 concerning the Third Amendment to Law Number 6 of 1983 concerning General Provisions and Tax Procedures to include a mechanism for signing a Memorandum of Understanding/Memorandum of Understanding (MoU). /Cooperation Agreement (PKS) as an alternative solution for collecting tax data and information so that legal and state authority can be maintained.

Law Enforcement Against Criminal Acts of Corruption in The Form of Abuse of Authority in Office Based on The Law on Eradication of Corruption Crimes

The concept of abuse of authority in the Government Administration law is seen by several legal experts as the same as the concept of abuse of authority because it is the absolute competence of the Administrative Court in the Corruption Eradication law. The research method used is Case Study Decision Number Case Study Decision Number 218 PK/PID.SUS/2019 and Decision Number 143 PK/PID.SUS/2019, where both decision cases involve criminal acts of corruption in the form of abuse of authority in office. Based on Law no. 31 of 1999 Jo Law no. 20 of 2021 concerning the Eradication of Corruption Crimes. The conclusion is that the application of sanctions against criminal acts of corruption in Decision Number 218 PK/Pid.Sus/2019 and Decision Number 143PK/Pid.Sus/2019, the panel of judges imposed imprisonment/imprisonment and fines, the imposition of fines as an implementation of the balance value can be applied as long as In certain circumstances, the perpetrator of a criminal act of corruption is not a recidivist, then as a balanced punishment, apart from imposing a fine, assets can also be confiscated, this is so that the imposition of the fine can be used as a lesson or legal perspective for the wider community, rather than just being sentenced to imprisonment/ prisons are indeed less effective, because in the implementation of confinement/imprisonment sentences there are still leniencies which do not actually have a deterrent effect on perpetrators of criminal acts.

Beyond legal personhood for the Whanganui River: collaboration and pluralism in implementing the Te Awa Tupua Act

ABSTRACT There is now a large body of scholarly literature on the legal and governance arrangements for the Whanganui River in Aotearoa New Zealand, given the rights of a legal person under Te Awa Tupua (Whanganui River Claims Settlement) Act 2017. Most of this literature focuses on the innovation of legal personhood and rights of nature rather than situating the Act in its local context or examining its implementation in practice. This article analyzes two cases of implementation – Te Pūwaha (the revitalisation of the Port of Whanganui); and Te Kōpuka nā Te Awa Tupua, the collaborative group charged with developing a strategy for the river. We shift attention away from legal personality to three other elements: The centrality of Māori kawa (value-based, Indigenous law); the establishment of a comprehensive set of new institutions and practices; and the devolution of authority to hapū (subtribes) and communities. These elements represent a paradigm shift towards a relational and reciprocal form of governance. While Te Awa Tupua Act does have some alignment with rights of nature, it should primarily be understood as recognising Indigenous rights and the authority of Indigenous law.

Measuring the Effectiveness of AI Tools in Clinical Research and Writing: A Case Study in Healthcare

This article investigates the capabilities and limitations of ChatGPT, a natural language processing (NLP) tool, and large language models (LLMs), developed from advanced artificial intelligence (AI). Designed to help computers understand and produce text understandable by humans, ChatGPT is particularly aimed at general scientific writing and healthcare research applications. Our methodology involved searching the Scopus database for ’type 2 diabetes’ and ’T2 diabetes’ articles from reputable journals. After eliminating duplicates, we used ChatGPT to formulate conclusions for each selected article by inputting their structured abstracts, excluding the original conclusions. Additionally, we tested ChatGPT’s response to simple misuse scenarios. Our findings show that ChatGPT can accurately grasp context and concisely summarize primary research findings. Additionally, it helps individuals who are not as experienced in mathematical analysis by providing coding guidelines for mathematical analyses in a variety of computer languages and by demystifying difficult model results. In conclusion, even if ChatGPT and other AI technologies are revolutionizing scientific publishing and healthcare, their use should be strictly controlled by authoritative laws.

Necessary Exorcisms: Intercessory Law in S. Ansky's The Dybbuk

Abstract: "Necessary Exorcisms" reads S. Ansky's The Dybbuk in the context of Ansky's travels during World War I as a relief aid worker with the Jewish Committee to Help War Victims. Ansky's description of the fate of Jews in occupied Galicia—in the fragments of a diary he kept during these years and in a longer memoir published after the war—confronts us with two motifs at the heart of The Dybbuk : a blurring of the threshold between life and death, and the important role that law, litigatory practices, and lawful authorities play as entities to which one could appeal to prevent a wrong from occurring and/or to adjudicate a wrong after it has occurred. To read The Dybbuk alongside Ansky's account of what happened to Jews in Galicia during World War I is to see the play as a dramatic exploration of issues at the heart of what Giorgio Agamben has theorized as a state of exception—the geopolitical space in which there is no law or lawful authority to which to appeal when one's rights as a citizen have been revoked and one has become exposed to arbitrary violence. To read The Dybbuk as a play obliquely linked to the fate of Jews in occupied Galicia is to complicate contemporary readings that see Ansky staging the law's malign power to punish illicit desires so as to uphold patriarchal and classist norms. Reading The Dybbuk as a postwar play, "Necessary Exorcisms" discerns in it an apology for the law and its intercessions.

Die Prinzipien des neuen Verwaltungsverfahrensgesetzes der Ukraine

The new law of Ukraine on administrative procedures came into force 2023 after a long period of work on several draft laws. The discussions during the drafting period show, how the understanding of the importance of administrative procedures for the realisation of rights guaranteed by the Constitution grew over the years. Thus, in the law the principles of the administrative procedure are listed in article 4 and defined and concretized in the law. The law shows the influence of similar laws of EU MS and of the decisions of the European Court of Human Rights. The Europeization of Ukrainian administrative law cannot be disputed. Due to the fact that the law is very new, no decisions of the Supreme Court exist. But the decisions of the Court in the past show, that the mentioned decisions of the ECHR influenced the practice of the Supreme Court and thus, the Court implemented the principles, listed now in the law, already via his authority in Ukrainian administrative law. Therefore, the law will play a major role as the basic law on administrative procedure as it is more than a principle and not a collection of the Court’s decisions but a systematic regulation of the administrative procedure in Ukraine, influencing special administrative procedures in other laws.

Neben-Parlament Bürgerrat?

In 2023 the German Bundestag set up a Citizens’ Assembly on food politics . The institu- tional design was consistent with suggestions made by proponents of deliberative democ- racy like James Fishkin or Peter Dienel . This included the selection of the participants by lot, advice to the participants by experts, and moderation of their discussions . This article argues that the Citizens’ Assembly was installed in an unconstitutional way . In reaction to the failure of the Weimar Republic, the constituent of 1949 reinforced the authority of the Basic Law by a general rule that prohibits amendments to the constitution “outside” the constitution . Every amendment to it shall expressively modify the text of the Basic Law . The Bundestag failed this requirement when it adopted a simple parliamentary resolution to create a de facto co-parliament . The article concludes with a proposal on how the Bun- destag could constitutionalize a Citizens’ Committee by amending the Basic Law . This proposal differs from the design of the Citizens’ Assembly . The committee should connect professional politicians and “ordinary” citizens and therefore it should be composed of both citizens selected by lot, and Members of Parliament .

Divine Ground and Vertical Level Order

I argue that Goethe’s philosophy of nature can be presented in a vertical order of stages. By reading his natural philosophy as a system of hypostases, Goethe’s accentuation of a divine ground can be taken seriously. Related to the Neoplatonic hypostasis models, for Goethe the living organisms rest on a divine and metaphysical entity. It is a guiding argument of this article that the enigmatic and inexhaustible ‘Bildungstrieb’ (nisus formativus) of all-nature expresses itself in the respective primordial phenomena (Urphänomene). For this purpose, the ‘Bildungstrieb’ uses the two authoritative laws of polarity (Polarität) and increase (Steigerung). These laws form the second level of the graduaded order. The sphere of the diverse Urphänomene can thus be marked as the third level. They are themselves dependent on the Bildungstrieb and the principles of increase and polarity.

Translation methods applied to translate Polish types and names of administrative law authority bodies into English – a case study.

The paper aims to discuss Polish terms that name authority bodies under the administrative law and their English equivalents. The Polish terms under analysis appear in the first Division of the Polish Code of Administrative Procedure of 14 June 1960 and the English equivalents of each Polish term researched have been suggested in the Polish Code of Administrative Procedure translation into English. The research problem is to determine the translation methods applied and to verify whether translation methods used in the Polish-English translation of the above terms which have been determined as culture-specific items appear among translation methods applied when translating culture-specific elements suggested by Hejwowski (2007). Furthermore, to verify whether the mentioned translation methods appear among the translation methods discussed by Weston (1993) which are recommended to be applied while translating legal terms. The theoretical part of the paper includes a presentation of the definitions of a legal term, culture-specific item and the classification of translation methods by Hejwowski and Weston. The research stages include the comparison of definitions of source elements and definitions of their equivalents, as long as they appear in monolingual English law dictionaries.

SHAREHOLDERS’ AGREEMENTS AND UNIDROIT PRINCIPLES OF INTERNATIONAL COMMERCIAL CONTRACTS

The article examines the issue of the foreign law as an applicable law of shareholders’ agreement at companies established under the laws of Ukraine. The emergence of shareholders’ agreement in the legal system of Ukraine, as well as the changes that have taken place during the last decades regarding the possibility of applying foreign law to contractual corporate relations, have been studied. Because of authority of English common law among Ukrainian legal practitioners, there is an attitude among them to choose it as the foreign law that will be applied to shareholders’ agreement. At the same time, there are significant differences in the basic principles of common law and continental legal family, which includes the legal system of Ukraine. On the other hand, the law of Ukraine will remain the applicable law for the rest of corporate relations in the relevant companies insofar as it is its lex societatis (i.e. everything with except of obligations of the parties to the shareholders’ agreement). Taking into account all the above, a conclusion was made to introduce a document equidistant from both legal systems and able to ensure a high quality regulation of general issues of contract law, namely the UNIDROIT Principles of International Commercial Contracts, among instruments providing regulation of relations under shareholders’ agreement. It is proposed to use one of the standard UNIDROIT clauses in order to determine the hierarchy between the provisions of foreign national law and the UNIDROIT Principles, as well as their correlation with the provisions of the shareholders’ agreement itself. It was also concluded that the UNIDROIT Principles might be applied to shareholders’ agreement even in the absence of a foreign element to establish a regulation of a contractual relations at the level of the best international standards.

Russian Intelligentsia toward the Legal Nihilism. Reading the “Landmarks” (1909) and “Out of the Depth” (1918) after February 24, 2022

The aim of this paper is to re-read the criticism of the Russian intelligentsia, which was made by authors of Landmarks (“Vekhy”, 1909) and Out of the Depth (“Iz glubiny”, 1918), in the context of the support given to the Russian invasion on the Ukraine in 2022 by the large part of Russian intellectuals. Instead of perceiving the current “rapprochement” of the Russian intelligentsia to the Putin government as a kind of “aberration” and a departure from its “moral mission”, the author would like to show the arguments concerning long duration of the tradition of their acceptance of the anti-liberal and authoritarian course of the Russian government. This tradition was unveiled by such outstanding Russian liberals and religious thinkers as, among others: Nikolai Berdyaev, Petr Struve, Bogdan Kistyakovski, Iosif Pokrovsky and Sergei Kotlyarevsky. They believed that the susceptibility of the intelligentsia to revolutionary slogans was caused not only by hostility to the Old Regime, but by their instrumental attitude to the state and law. They claimed that the Russian intelligentsia had much more in common with the representatives of Tsarist autocracy than would result from the hostility felt towards it. A common feature of both was “legalnihilism” – a point of view that assumed a distrustful attitude towards rational law. The only way to overcome this distrust was therefore instilling Kant’s personalism and raising the authority of natural law among the broad strata of the Russian intelligentsia.

Judicial control over government’s abuse of authority through administrative and corruption law

Law Number 30 of 2014 concerning Government Administration, prohibits abuse of authority by government agencies/officials both central and regional, but in practice there are often acts of abuse of authority of Government Agencies/Officials. This paper describes how Judicial Control over abuse of authority through government administrative legal means and Corruption Criminal Acts which, in practice, cause controversy in the enforcement of corruption crimes, especially by Government Officials and State Civil Apparatus. The legal approach to the above problems is carried out by normatively analyzing the laws and regulations governing the prohibition of abuse of power according to Government Administration Law and the Sociology approach according to the practice and / or decision of the Court in the enforcement of corruption crimes committed by organs / bodies of Government officials or State Civil Apparatus. From the results of the study of these problems in the paper, it can be concluded that abuse of authority in government administration is a form of preventive restriction. Meanwhile, abusing authority in the Criminal Law is a form of repressive action. Abuse of authority stipulated in Article 20 of the UUAP is interpreted as an administrative error committed by government agencies/officials, but if there are legal consequences in the form of state financial losses, it is qualified as a criminal act of corruption.

The Influence of Reasonableness in Determining Delictual or Tort Liability for Psychological or Psychiatric Harm in South African and English Law

Due to a lack of authority in Roman-Dutch law in respect of claims for psychological harm, our courts in South Africa relied on English law for guidance, in particular the tort of negligence where emphasis is placed on reasonable foreseeability of harm. The courts in both jurisdictions generally face challenges with who exactly is entitled to claim, the quantification of the damages that should be awarded and how to limit delictual or tort liability emanating from these types of claims. South African law also followed English law in making the distinction between primary and secondary victims and as will be shown in this contribution, limiting liability in respect of secondary victims is problematic. The courts generally tread with caution in awarding damages for pure psychological or psychiatric harm and several policy considerations are taken into account when deciding to award damages or not. Nevertheless, as will be shown in this contribution, the courts in South Africa and the United Kingdom acknowledge these claims and have been developing the law around the cases that have come before them. What is rather interesting and prevalent though with regard to primary and secondary victim claims for psychological or psychiatric harm in these jurisdictions, is the implicit and explicit influence of "reasonableness" in determining delictual or tort liability for these types of claims. This will be explored further in this contribution.

Extent of Awareness on the Anti-VAWC Law Among the Criminology Students

This study embraced the quantitative type of research which involves the quantitative data that are numerical requiring statistical analysis methods. As to the profile of the respondents, around seventy-two percent among the respondents comprise the age bracket of nineteen to twenty-one years old; seventy-nine percent are second year level students; seventy-two percent are male respondents; forty-one percent has one to three children in the family; and fifty-four percent among the respondents have a monthly family income of ten thousand pesos and below. as noted in this research study, many of the respondents are not aware of the following as acts of violence: Hitting, kicking, punching, or causing harmful injury to the woman or child; Acts of grave threat that cause a woman or her child a traumatic experience or risk of imminent danger; Shouting, blaming, use of profane language to a woman or her child to feel low self – esteem; Depriving a woman and her child to provide the basic needs, and sustain the educational needs of their child; Preventing a woman to practice her profession or to work in any establishment to gain additional income; Forcing a woman and/or her children to watch a pornographic scene and engage in any sexual activity and/or acts of lasciviousness; Forcing a woman and/or her children to engage in copulation; Limiting a woman and her children to attend social gatherings with her family, relatives/close kin, or even to meet neighbor’s; and Staying of intimate partner or husband in the house of a woman with her child without any consent or against her will. Few of the respondents are not aware on the following provisions of law- The privilege of filing 10 days leave of absence with pay to cope up with suffering; Filing of complaint even uncommon relationship, such as lesbian/gay, or whom she has a sexual or dating relationship with LGBTQi+ that commits intimate partner violence; and Filing a VAW case against her intimate partner, husband, or any person who commit domestic violence in barangay or lawful authority. Indeed, seminars and orientation as well as strong implementation of the law are highly recommended.

De positie en samenstelling van oordelende instanties in het protestants kerkelijk tuchtrecht

The position and composition of judicial authorities in Protestant church disciplinary law. This article discusses the relationship of the position and composition of judicial authorities in the church (disciplinary) law of the Nederlandse Gereformeerde Kerken to the position and composition of judicial authorities in: (1) the church law of the Protestantse Kerk in Nederland and the Gereformeerde Gemeenten and (2) the disciplinary law of lawyers, medics and bankers. The issue of who is authorised to take disciplinary action has been the subject of debate in secular disciplinary law. This article shows that these themes are also relevant to church disciplinary law. There are significant differences between the arrangements in the compared forms of disciplinary law. This article provides an analysis of the similarities and differences. It concludes that the differences can be partly explained, but that from a theological point of view there are also reasons to introduce additional safeguards for a prudent and careful disciplinary procedure in church law. To this end, the article contains a number of recommendations.Contribution: This article clarifies the position and composition of judicial authorities in Protestant church disciplinary law and its theological backgrounds, and also provides recommendations from a (disciplinary) comparative law perspective with other groups. These recommendations are relevant to church law practice.

Rusty Weapons in a Digital Battlespace

This article explores the evolving landscape of foreign interference in domestic affairs, particularly in the context of ‘information operations’ facilitated by the internet. The primary focus of the article is on the lawful authority to respond to external information operations, and how this authority may be shaped by international law. Specifically, the article explores the royal prerogative in two manifestations — the war prerogative, and external affairs prerogative — as a potential source of authority. In doing so, the article employs an analytical framework by Winterton, distinguishing between the ‘breadth’ and ‘depth’ of constitutional executive power. The article acknowledges the limited case law and debates surrounding these prerogatives’ scope and triggers, and slight nuances between British and Australian jurisprudence. It discusses the relationship between the war prerogative and the existence of armed conflict and touches on how international law can support the exercise of the war prerogative through the ‘public policy test’. Drawing from international legal perspectives, the article references United Nations resolutions from 1976 and 1981 that emphasise the importance of domestic legal remedies against information operations. It stresses the duty of states to combat the dissemination of false or distorted news that interferes with other states’ internal affairs. In sum, the article concludes that, while countering IOs is a matter requiring domestic legal authority, international law can likely extend the ambit of the royal prerogative and should also, as a matter of public policy, apply to such campaigns.

The effect of Urf (common law) on family laws in Islamic Jurisprudence

Common law as something accepted by the rule of wisdom found in the very self of humans formed the earliest type of the legal systems of societies. In most of the legal systems of the world, common law is known as one of the most important resources and is of high significance. Most of the Islamic jurisprudents agree on the authority of common law as an independent or dependent reason or proof. In this regard, the jurisprudents have referred to reasons of the Book (Holy Quran), the Tradition (Sunna), and wisdom. Family laws are included as the most potential fields for the common law to play a significant role in updating the rules and placing them in the right path of recognizing the required components. Thus, by applying a descriptive-analytical method, the present study attempts at studying the function of common law in laws related to the family through investigating the nature, range of inclusion, and legitimacy of common law among the jurisprudents of different Islamic schools and sects as well as studying the opponents’ reasons for its documentary authority