Legal Consequences Research Articles

Criminal Law Enforcement Against Perpetrators of Sexual Intercourse with Biological Children

Criminal law enforcement is important in dealing with cases of incestuous sexual relations involving children, aiming to uphold justice and protect victims from harm. The main objective of this study is to examine the effectiveness of law enforcement in the jurisdiction of Tabanan Police in handling cases. Using empirical research methods, this study analyzes legal principles such as the rule of law, legislation theory, legal protection, legal responsibility, and legal effectiveness. This research focuses on a specific case documented in Police Report No. LP-B/35/VII/2020/B: LP-B/35/VII/2020/Bali/Res Tbn, in which the perpetrator, MSP, was charged with violating Article 81(3) of the Child Protection Law, in conjunction with Article 64(1) of the Criminal Code, or alternative provisions under the law. The results showed that there are significant challenges hindering effective law enforcement, particularly the lack of qualified law enforcement officers compared to the number of cases, which hinders optimal case handling in the jurisdiction of Tabanan District Police. This research argues that effective law enforcement is essential not only to sanction perpetrators but also to ensure justice and protect child victims from violence and crime. The implications of this study underscore the need for increased competence among law enforcement officials to effectively handle such sensitive cases. By bridging the gap between legal provisions and law enforcement, this research advocates for systemic improvements to strengthen the law enforcement framework in combating the crime of incest against children.

Status anak diluar nikah komparasi hukum islam dan hukum positif

One of the legal consequences of the status of a child out of wedlock is the status (position) of the child out of wedlock. In Indonesian legislation, there are several laws that explain the status of children out of wedlock, although there are differences in the law and status of these children between these laws. In Islamic law, children out of wedlock have a different position from legitimate children, biological children, adopted children, and children resulting from adultery. The existence of this position affects in determining guardianship, nasab, inheritance and hadhanah. This research uses a normative study approach, namely comparing the status of adopted children according to Islamic law and positive law. This research is a type of Library Research (literature), the author will present library data in the form of books, journals, research reports, papers and other library materials that are accurate to the object of the subject matter. Based on the results of the research conducted, it can be concluded that, the status of children outside of marriage based on Islamic law is not the same as biological children, and legal children in Islamic law the status of children outside of marriage in terms of nasab, remains with the mother and her mother's family. According to positive law, Constitutional Court Decision Number 46/PUU-VIII/2010 stipulates that the status of children out of wedlock can only be related to the mother and her family, unless there is recognition from a biological father who can be proven scientifically and technologically. This is different from Constitutional Court Decision Number 43/PUU-VIII/2010 which regulates other aspects of children's rights. This is because the status of extramarital children is only dinasabkan to the mother and the mother's family, so directly from the Constitutional Court's decision stipulates that the position or nasab of extramarital children (either due to adultery or nikah sirri) is to their biological father who can be proven by science and technology.

Unlawful Act by a Cultivator or Sharecropper Certifying Land that Does Not Belong to Them

Land registration is an important step in the land administration system to reduce disputes, increase transparency, and ensure compliance with applicable laws and regulations. However, in practice, there are many cases where individuals or groups try to control or claim rights to land that do not belong to them personally, through various unlawful means, including unauthorized certification. This study aims to know and analyze in depth the conditions that must be met in the registration of inherited land and the legal consequences for cultivators/appointees who wrongfully certify land that does not belongs to them. Specifically, this study focuses on the specific legal requirements for registering inherited property and the implications for individuals who attempt to register land illegitimately, highlighting the potential legal repercussions and the need for enforcement of property rights. The findings of this study can be used as a reference for policymakers and legal practitioners.

The problems of adapting Antitrust Law to the digital economy

In connection with the Fifth Antimonopoly Package, the author analyzes the effectiveness of new competition law. The aim of the research is to identify the legal and economic consequences of including the term “network effect” and special legal structures for abuse of a dominant position in digital markets in Russian legislation. The study is based on Russian and foreign legislation, materials from judicial practice, and scientific research. The new rules make it possible for the existing legal regulation on the protection of competition to be applied to the phenomena of the digital economy. However, in the digital sectors, prohibiting the abuse of a dominant position contributes to strengthening the dominance of platform operators and the formation of a digital monopoly. This is not entirely consistent with the goals of antitrust regulation. With the consolidation in the provisions of Russian law of the principle of technological neutrality, as well as the design of a public contract, the strengthening of the dominance of platform operators may be restricted. A consequence of the lack of unified terminology in the Fifth Antimonopoly Package and legislation on digital platforms is the unreasonable limitation of the subject composition of the prohibition of abuse of a dominant position in digital markets. The Fifth Antimonopoly package applies to the activities of marketplaces and aggregators, but does not extend to digital ecosystems and digital services in the format of applications, cloud storage, social networks, search engines, streaming services, among others. This limitation will be overcome by applying the general rules on the prohibition of monopolistic activities and unfair competition to digital ecosystems and digital services. The author draws attention to a number of practical problems in applying dominance criteria to the activities of digital intermediaries, focusing on their business model. Conclusions are drawn about the advisability of expanding the subject composition of relations regulated by the new special rules of the Fifth Antimonopoly Package. Legal means are also proposed aimed at ensuring a balance of interests of the dominant digital platform operators and users.

Legal Analysis of the Imposition of Criminal Sentences for Fraud in Debt Agreement Cases: Case Study of Decision Number 331/PID.B/2021/PN JKT.BRT

According to Article 1328 of the Civil Code, fraud is a defect of will, while Article 378 of the Criminal Code contains a series of words such as lies, deception, false circumstances, and false dignity. The consequences of fraud are a reason for cancelling the agreement. The problems raised in research on the imposition of criminal fraud in debt and receivable agreement cases. The method used in this research is normative juridical with descriptive-analytical specifications. The research results obtained first: The parameter that differentiates default from criminal acts of fraud is that default is seen from the good faith of the parties, whereas in criminal acts of fraud, it is motivated by evil intentions (mens rea) to possess objects (goods) belonging to other people as well as intentionally not fulfil his achievements. second: The debtor can only be criminally processed if an agreement meets the elements of fraud. If the debtor does not commit a series of lies to obtain a loan from the debtor, the debtor cannot be prosecuted under the threat of Article 378 of the Criminal Code regarding fraud. The debtor will be free from the threat of criminal penalties due to his inability to carry out the agreement's contents. In the case based on Decision Number 331/Pid.B/2021/Pn Jkt. Brt, the defendant committed an act through deception or a series of lies, encouraging other people to write off the receivables by giving 2 blank checks to pay the remaining loan which appeared to be -as if the Defendant's debt had been paid off. This is a legal event that can be tried through criminal justice.

Child Perpetrators and Victims: Criminal Policy Approaches to Sexual Violence in Indonesia through Restorative Justice

Criminal law embodies the principle of ultimum remedium, which means that prosecution is considered a final measure in law enforcement. This principle does not seek to eliminate punishment for offenders but rather aims to protect society from crimes by using prosecution as a last resort. Offenses are not only committed by adults but also by minors. With the rapid advancement of information and telecommunication technology, sexually explicit content has become widely available through electronic media. As a result, many children mimic behaviors they have seen or heard about, particularly since they are often given access to electronic devices such as smartphones and computers with internet access. This ease of access sometimes occurs without sufficient parental supervision, exposing children to inappropriate content. Given this context, the author is motivated to conduct research titled Criminal Policy for Addressing Sexual Violence Committed by Minors Against Minors in Indonesia. This study aims to explore effective legal measures and policies to address and mitigate such incidents. The research employs a qualitative method grounded in the theory of sanctions and the theory of legal effectiveness. By utilizing a criminological approach, the study seeks to analyze crime patterns associated with sexual violence perpetrated by minors. This includes examining the socio-cultural factors that contribute to such behaviors and evaluating the current legal framework's effectiveness in addressing these issues. Through this research, the author hopes to shed light on the complexities of juvenile delinquency in the context of sexual violence and to propose informed policies that can better protect minors from both committing and becoming victims of such offenses. The findings are expected to contribute to the development of a more effective criminal justice system that balances punitive measures with rehabilitative approaches, ultimately aiming to create a safer and more just society for all.

Memahami Pernikahan Beda Agama& Kedudukan Surat Edaran Mahkamah Agung (SEMA) dalam Struktur Hukum Positif di Indonesia

The issuance of Supreme Court Circular Letter Number 3 of 2023 has caused anxiety for prospective bride and groom couples who are going to have an interfaith marriage in Indonesia. According to positive Indonesian law according to Marriage Law number 1 of 1974 which was later updated with Law Number 16 of 2016, a marriage is declared valid if it is carried out according to the laws of one's religion and beliefs and each marriage is recorded according to the applicable statutory regulations. This service is entitled Understanding Marriage between different religions and the position of the Supreme Court Circular Letter in the structure of positive law in Indonesia by selecting the problem of whether it is possible to marry between different religions, what are the legal consequences for brides and grooms who marry between different religions. This service is carried out with a sociological approach and the delivery is carried out live stemming because it is adjusted to developments that occurs in society. By using secondary data and it will be presented clearly about the phenomenon of interfaith marriages, from the data collected and analyzed in a descriptive manner, the results will then be presented in the form of a talk show. From the implementation of the talk show, it is known that the community and congregation feel that there is discrimination against religiou

Bullying from a Legal Perspective

This study aims to increase knowledge about the legal consequences for bullying perpetrators and to raise awareness among students and teachers about bullying in schools. The outreach was conducted in person at SMAN 7 in South Tangerang City using a survey method, involving both students and teachers. Information was delivered directly through presentations and discussions, and data was collected on students' initial knowledge of the legal implications of bullying before and after the outreach. The results showed that most students were unaware that bullying by minors could lead to criminal charges, although the legal treatment differs from that of adult criminal cases. These findings highlight the importance of legal education in schools to enhance understanding of the legal consequences of bullying, and the need for ongoing education to ensure that everyone in the school environment is adequately aware of the legal implications of bullying, thereby creating a safe and conducive learning environment.

Need of Encryption Legislation: Protecting India’s Digital Realm and Beyond

Encryption is essential for protecting sensitive data, individual privacy and national security in a time of digital transition and growing cybersecurity threats. This article begins by highlighting the need for encryption laws in India, emphasising the growing reliance on digital technologies across sectors and the critical necessity of protecting digital assets. It proceeds to dissect the existing legal frameworks governing encryption and the enforcement challenges faced by regulatory agencies. A critical aspect of the research involves examining international perspectives on encryption legislations, drawing lessons from global approaches and discerning their relevance to India’s policy landscape. This article underscores the delicate balance between privacy and security concerns, particularly in the context of counterterrorism efforts. In addition, this research unravels case studies and incidents involving notable cybersecurity breaches in India, shedding light on the legal implications and consequences that follow such breaches. The study culminates with an exploration of the public opinion and stakeholders’ perspectives on encryption legislations, considering industry views and civil liberties concerns. It offers insights into the best practices for drafting effective encryption laws and provides recommendations to strengthen India’s digital resilience. It calls for proactive measures to secure India’s digital future while preserving individual freedoms and privacy rights.

The Legal Review of the Trademark Dispute Between GoTo and GOTO in Decision Number 71/PDT.SUS-HKI/MEREK/2021/PN NIAGA JKT.PST with the Principle of Good Faith in Trademark Registration

This study aims to examine the Legal Review of the Case Dispute filed by PT. Terbit Financial Technology against two large companies, namely PT. Tokopedia and PT. Aplikasi Karya Anak Bangsa or known as Gojek. Case with case number 71/Pdt.Sus- HKI/Merek/2021/PN.Niaga.Jkt.Pst. The research method used is Qualitative with a normative legal approach, literature and literature studies and a case law approach. The discussion that will be analyzed in this study is related to the regulations regarding the rejection of trademark registration in the Trademark and Geographical Indications Law Number 20 of 2016 which regulates the procedures, criteria, and reasons for rejection of trademark registration, including the considerations used by the Directorate General of Intellectual Property in rejecting a trademark. The researcher provides an explanation of the legal consequences arising from the rejection of the trademark, both for the rejected applicant and third parties who have an interest in the trademark. The legal consequences can be in the form of implications for the applicant in the form of legal efforts that can be taken, such as filing objections or lawsuits, as well as impacts on the rights to other brands related to the dispute. The results of this study indicate that the application of the principle of good faith means ensuring that the use of a name or term is carried out with full awareness of the context, respecting the intellectual property rights of others, and communicating openly with all relevant stakeholders. Thus, the company or parties involved can minimize the potential for conflict and build a strong reputation based on integrity and honesty.

Is it really better to "die" than "live"? Reflections on the practice of "death with dignity" in China.

To analyze the causes of the controversy caused by "death with dignity" in China, and to provide some useful thoughts for the practical exploration of "death with dignity." By combing the periodical literature, legal texts and practice, we find that the Medical Regulations of Shenzhen Special Economic Zone, which was revised and passed by China in 2022, recognized the legal effect of "living will" for the first time in legislation, which triggered a wide-ranging social discussion on "death with dignity" and brought many controversies. Due to the influence of traditional culture, policies and laws, medical service supply capacity and other factors, death with dignity suffers from great practical resistance. The exploration of "death with dignity" system needs to start with the problems encountered in practice, focusing on cultivating a good system implementation environment, strengthening the top-level design of "death with dignity" system, and improving the national social security system for hospice care.

Kemiskinan Struktural dalam Novel Dompet Ayah Sepatu Ibu karya J. S. Khairen

This study aims to provide a comprehensive analysis of the forms, causes, and impact of structural poverty in the novel Dompet Ayah Sepatu Ibu by J.S. Khairen. Drawing on the principles of literary sociology theory, a descriptive method is employed, utilizing content analysis techniques. Through data analysis, five distinct forms of structural poverty are identified: limited access to education, inadequate healthcare services, lack of sanitation and clean water, limited job opportunities and unfair wages, and insufficient social welfare support. The factors contributing to poverty are categorized as either individual or government-related. Moreover, the impact of structural poverty is classified into three distinct categories: legal, moral, and social consequences.

Exploring Machine Learning Algorithms for Email Spam Filtering

Spams are irrelevant or inappropriate emails, and they are on the rise across different digital communication channels globally. These unsolicited and unwelcome perilous emails lead to adverse impacts like security risks, time and resources wastage, financial loss, reputation damage, and legal consequences. Therefore, intelligent anti-spam email filters are required to prevent such emails from being delivered to the recipient's mailbox. Artificial Intelligence and Machine Learning algorithms provide trustworthy countermeasures and affordable solutions to tackle this global problem. Machine Learning techniques like Logistics Regression, Decision Tree, Support Vector Machines, K-nearest neighbor, Naïve Bayes Classifier, and Random Forest provide solutions to classify spam emails with reasonable accuracy and precision. This research explores different approaches to identifying spam emails and developing machine-learning algorithms to filter such emails automatically. Results manifest that the Support Vector Machine and Naïve Bayes Model most accurately classified spam emails. The Support Vector Machine exhibited the best balance between high precision and recall, making it highly effective in identifying spam messages with fewer false positives.

Legal Consequences of Occupational Accidents in the Construction Industry a Criminal Law Perspective

The increasing number of accidents and losses due to work accidents, as well as potential hazards in the production process, require effective, comprehensive, and integrated Occupational Safety Management in the management of the company. Work accidents are often caused by unsafe activities, which can be caused by lack of knowledge and skills, physical disabilities, fatigue, and unsafe attitudes and behaviors. This study uses normative legal research methods with a statutory approach and a case-based approach. Sources of legal materials used include primary, secondary, and tertiary legal materials. The results showed that corporate crimes, including criminal liability of negligent companies in managing worker safety, can result in the loss of workers ' lives. The government has very little control over the implementation of occupational safety laws, and companies are still minimal in capital to improve K3 services for employees. In addition, the lack of publications and information on Occupational Safety and health, especially in rural communities, contributes to the aggravation of this condition.

The Effects of Recreational Cannabis Legalization on Recidivism

This paper investigates the effect of recreational cannabis legalization on the chance of returning to prison for ex-offenders. While there have been ongoing debates on the relationship between cannabis and public safety, there is no previous study about how cannabis legalization affects the chance of recidivism for ex-offenders. Using national corrections data between 2006 and 2019, this study employs a difference-in-difference model (Two-way Fixed Effects model, TWFE) using the different timing of cannabis legalization across states. Also, this model adopts an alternative difference-in-difference estimate proposed by de Chaisemartin and D’Haultfœuille to address a potential bias of the traditional TWFE estimate due to the heterogeneous effects of different treatment timings. The results from both models do not imply that cannabis legalization affects the chance of returning to prison within one year after release. The main result holds true for different specifications, including altering the definition of neighboring states or substituting cannabis sales dates for legalization dates. Nor are there effects for subgroups based on ex-offenders’ characteristics.

Legal Analysis of The Enforcement of Article 18 of The Regulation Issued by The Director General of Taxes, Numbered PER-03/PJ/2022, Regarding Tax Invoices

The Republic of Indonesia implemented Law Number 12 of 2011, explicitly establishing rules and regulations. Law Number 13 of 2022 has since revised this law. This Law enhances the current legislation, precisely Law Number 10 of 2004. Law Number 12 of 2011 prescribes the procedure for enacting laws and establishes guidelines for resolving conflicts or inconsistencies between these laws and regulations. The objective of this study is to analyze the legal effectiveness of Article 18 of Regulation PER-03/PJ/2022, which was issued by the Director General of Taxes, to Law Number 7 of 2021 on the Harmonization of Tax Regulations and Constitutional Court Decision Number 91/PUU-XVIII/2020. This research methodology entails examining values, norms, and written regulations, establishing a solid connection to the normative legal aspects of the library. The research has determined that the Regulation of the Director General of Taxes Number Per-03/PJ/2022 regulates Tax Invoices and has exceeded its authority in issuing Tax Invoices. The aforementioned rule pertains to the regulatory framework established by the Minister of Finance, which governs this particular matter and confers jurisdiction upon the director general of taxation. The Regulation of the Director General of Taxes Number 03/PJ/2022, which concerns Tax Invoices, does not possess enforceable legal authority and is open to scrutiny by the Supreme Court. Legal certainty is paramount as it provides taxpayers with a lucid and all-encompassing comprehension of their rights and obligations.

Запрет одновременного замещения различных должностей в системе органов публичной власти: проблемы законодательного закрепления и практической реализации

The article considers the prohibition of state and municipal employees to fill state and municipal positions. The author notes the eclecticism of the normative and legal consolidation of this ban in various legislative acts regulating the status of elected officials, persons holding state and municipal positions and regulating the passage of state and municipal service. The exceptions to this prohibition established by the current legislation were analyzed. The author believes that such exceptions are not always advisable from the point of view of its essence. Defects of regulatory support of such exceptions are analyzed. In addition, the work notes the uncertainty of the legal consequences of violating the ban on the simultaneous replacement of state (municipal) posts and positions of the state (municipal) service. Proposals are made to improve legislation in this area.

Prevalence and Predictors of Domestic Violence in India: Complex Sample Analysis of a Nationally Representative Study Conducted Between 2019 and 2021.

Violence against women has been one of the dreaded social evils that humanity is facing. There have been concerted efforts to eliminate this evil, and sustainable development goals goal 5.2.1 gave it a timeline. The current study was carried out to estimate the burden of domestic violence (DV) against women and to investigate the sociodemographic correlates of DV victims in India. Data were drawn from the fifth National Family Health Survey round. According to Demographic Health Survey guidelines, DV is measured using a 13-item questionnaire in the women's survey. Complex sample analysis was done using a primary sampling unit, sample weight, and stratification variables to estimate the weighted prevalence. Chi-square and multivariate logistic regression determine the unadjusted and adjusted odds ratio. The analysis is carried out using SPSS version 26 (IBM Corp., Armonk, NY). The weighted prevalence of DV against women in India in 2019-2021 was 31.2%. Approximately 28.5%, 13.1%, and 5.7% of women reported experiences of physical, emotional, and sexual violence, respectively. Karnataka was the worst affected state, with 47.3% of women facing DV. Individual factors like education and occupation, household factors like husband'seducation, occupation, drinking habit, wealth index, and community-level factors like caste, religion, and place of residence were significant predictors of DV. Lower levels of education and lower socioeconomic status were essential predictors of DV. The importance of education for both females and males has repeatedly been directly associated with DV, but the interventions have failed to improve the situation and warranta new strategy. Awareness about the legal consequences of DV in lower socioeconomic classes also has the potential to cut down the numbers. Further research into the causality can improve the planning for better intervention modalities.

Good conscience of the debtor in the bankruptcy procedure: legal and moral and psychological dimension

At the current stage, the issue of bankruptcy of legal entities has been thoroughly worked out, has clearly defined and justified legal and economic mechanisms, works effectively not only in the world, but also in Ukraine. However, the issue of bankruptcy of individuals remains unresolved. The main problem is the ethical and psychological aspect of the bankruptcy procedure of an individual. Here there is a conflict of interests between the protection of the rights and freedoms of an individual as a citizen and the protection of the rights and interests of creditors. The article examines the good faith of the debtor in the bankruptcy procedure, focusing on legal and moral and psychological dimensions. The bankruptcy procedure is a complex process that affects both the legal position of the debtor and his psychological state. The good faith of the debtor is defined as a key principle that ensures the fairness and efficiency of bankruptcy procedures. The legislative framework that regulates the good faith of the debtor in Ukraine is analyzed, in particular the requirements for the behavior of the debtor at various stages of bankruptcy. The legal consequences of unscrupulous behavior are considered, such as the possibility of bankruptcy rejection or the imposition of additional sanctions. The moral and psychological dimension of good faith includes ethical norms and principles that influence the debtor’s decisions and his interaction with creditors and other interested parties. The psychological pressure experienced by the debtor during the bankruptcy procedure can affect his ability to act in good faith, so it is important to take this aspect into account when evaluating his behavior. The article also explores the socio-psychological consequences of bankruptcy, such as stigmatization and loss of reputation, which can affect the debtor’s integrity. Proposals are made to improve legislation to ensure greater transparency and fairness in bankruptcy procedures, as well as recommendations to support debtors on a psychological level. The changes proposed by the authors of the article will contribute to increasing the level of good faith of debtors, ensuring a fair and humane approach to solving bankruptcy problems.

Comfort, or not comfort, that is the question. The legal status and consequences of comfort letters issued by the European Commission in State aid cases

ABSTRACT The paper discusses issues not touched upon in legal literature, namely the legal status and consequences of comfort letters issued by the European Commission in State aid cases. The European Commission has exclusive competence to examine the compliance of support provided by Member States to domestic undertakings with State aid rules. Under EU law, the Commission's final position on the State aid character of the assessed measure must take the form of a decision. However, sometimes, the proceedings are concluded not by a decision but by a comfort letter. It presents the final position of the European Commission and, in many cases, ends the procedure. However, the legal character of the Commission's comfort letters may raise doubts. The article explains the concept of comfort letters issued in State aid cases, their legal status, and the consequences they bring to interested parties.