Explanation Of Law Research Articles

Systematically Challenging Three Prevailing Notions About Entropy and Life

This article reveals the original, fundamental, and uncontroversial nature of entropy and systematically challenges three notions prevailing in diverse disciplines: (1) entropy is a measure of disorder; (2) life relies on negative entropy; (3) many systems tend to become increasingly disordered due to the second law of thermodynamics. The challenge is supported by numerous compelling facts and the modern explanation of the second law of thermodynamics. The challenge, if widely accepted, could facilitate the eradication of the entrenched misleading effects of the three misconceptions in diverse disciplines and facilitate relevant research and education on complexity, entropy, disorder, order, evolution, life, and thermodynamics.

FERTILIZAÇÃO IN VITRO POST MORTEM E SEUS REFLEXOS NO DIREITO SUCESSÓRIO

The present work aims to present posthumous in vitro fertilization, its specificities, and its effects on inheritance law. It seeks to address the aspects inherent to its characteristics and its influence by family law, focusing on the principle of saisine and the constitutional right to inheritance. Initially, a brief explanation and conceptualization of inheritance law, the right to inheritance, inheritance as a fundamental right, necessary and testamentary heirs, and succession were provided. Subsequently, an examination of filiation in Brazilian legal order was conducted, comparing natural fertilization and assisted reproduction techniques, including posthumous in vitro fertilization, as well as the legal presumption of paternity found in the Civil Code of 2002. Finally, the impact of posthumous in vitro fertilization on inheritance law was discussed. The necessity for prior and written authorization from the parent for the use of their genetic material after death was explained, along with the exception to the principle of coexistence, guaranteeing the posthumous child the rightful inheritance. The methodology used was the hypothetical-deductive analysis, based on a literature review and consultation of national legislation and jurisprudence. In conclusion, it was inferred that posthumous in vitro fertilization is possible according to the stipulation of infra-legal norms, and children conceived posthumously by the parent have the right to inheritance on equal footing with other heirs. However, it still raises numerous questions and uncertainties, making it a subject that should be regulated by specific law.

A rendészet rendje 3. Bevezetés a rend fogalmi vizsgálatának tárgyalásához, avagy miért fontosak a szavak?

Aim: By using the modern results of research on the nature of language issue the proof that research into the meaning of certain concepts by used of law enforcement can become an integral part a defining element of the theoretical explanation that underpin law explanation. Methodology: The literally approach to the topic was established by the modern results of linguistics science, primarily the work of Noam Chomsky, who exerted a significant influence on the topic. Findings: Just as we define language as a descriptive framework of reality we can also look at it as a model of the idea of order. As a basic concept, especially as a framework for navigating community live, with the correct interpretation of which we can approach the idea of environmental and social sustainability. Value: The unusual approach of law enforcement enable a specific approach to the knowledge accumulated in the scientist field. The involving of new aspects aims to satisfy the needs to expand the foundational knowledge in the field of science by seeing the problems of law enforcement known in this subject in a different context.

Fatwa Perspektif Al-Shatibi

The purpose of this research is to find out Al-Shatibi's fatwa perspective. This research uses a type of library research. The research carried out is descriptive in nature where the researcher collects words instead of a series of numbers for this research, which in essence these words can provide an overview or present existing problems and solutions. The data analysis used is content analysis. A fatwa is a response to a question asked by a fatwa seeker (mustafti>). Whether questions are asked by individuals, institutions or collectives. In general, fatwas are issued in response to questions about current shari'ah problems. The legal basis (the arguments for the enactment of a fatwa are as stated in the Qur'an). The position of a fatwa in the Islamic legal system is very important considering that social problems are increasing day by day and becoming more complex. Moreover, a fatwa is an explanation of sharia law for certain problems which are not all people can understand it. The ways to give fatwa according to al-Shatibi are divided into three: a). With the words (bi al-Qaul)., b). By deeds (bi al-Fi'il), c). and determination (bi al-Iqrar). As for determining a fatwa with words, this is the model of determining that is considered the most widely used. by a mufti>. Meanwhile, determining a fatwa by deeds occupies the position of the model of determining a fatwa by words because this second model is an explanation (al-Mus}}rih} of the first model of determining a fatwa. The concept of al-Sha>tabi>'s fatwa is a theory that was born in his time with a portrait of life that is of course different from today. Therefore, there are three things which – according to researchers – still leave "records" that need to be studied more deeply, namely al-d}aru>riyya>t al-khams, al-istiqra>' al-ma'nawi>, changes fatwa and its understanding of heresy

The Legal Certainty no Longer Applies to a Nation's Wealth that Has Been Transferred to a State-Owned Enterprise (BUMN)

The inclusion of Separated State Wealth within the scope of State Finance remains an interesting issue to study. The law enforcement agency (APH) has a different view when dealing with cases involving separate State Property Managers. The entire entity in which there is Separated State Property is considered to be BUMN. Separate State Properties held at the International Financial Institution are not touched by the APH. This shows the inconsistency and the minimality of understanding of the BOMN. This situation is becoming more complex due to the disharmonization of various regulations relating to Separation State Properties. Article 2 of Act No. 28 of 1999 on the Maintenance of a State Clean and Free from Corruption, Collusion, and Nepotism states that the Directorate is the Organizer of the State. General Explanation of Law No. 31 of 1999 extends the meaning of “Civil Public Officer, that is, the person who receives salary, salary from a corporation that uses the capital/facilities of the state or society. It is difficult for a profit-seeking director to perform his duties properly if he is embedded in the status of State Organizer and PNS as it is in the Ministry/State Authority. The research was conducted using a method of normative jurisprudence, i.e. testing and using secondary data to obtain clarity of the problem. Disharmonization of various regulations and the minimum understanding of APH in dealing with issues of Separated State Property creates legal uncertainty.

Reforming the Rules on the Division of Joint Property: A Progressive Legal Approach

According to Presidential Instruction No. 1 of 1991 concerning the Compilation of Islamic Law (KHI) Articles 96 and 97 on the division of joint property, each person in a marriage that dissolves due to divorce or death is entitled to half of the property that is joint property. However, the legal circumstances presented in Payakumbuh Religious Court's Decision No. 657/Pdt.G/2022/PA Pyk did not follow the KHI and gave the plaintiff (the husband) a portion of ¼ and the defendant (the wife) a share of ¾ of the joint property. Therefore, the goal of the analysis presented in this article is to respond to the judge's ratio decidendi when it comes to joint property that are unrelated to the KHI. Then, a more thorough explanation of progressive law as a method of legal change in the realm of community property is provided. The research approach employed in this paper is the normative legal method. The investigation's findings demonstrate that the judge's reasoning is predicated on the idea that the wife's inherited assets, rather than the husband's income from their marriage, constitute the joint property at issue in the proceedings. In terms of income, living expenses, or child-education expenses, the plaintiff was unable to demonstrate how much he contributed to the defendant's household during their time together. The plaintiff could not provide sufficient evidence to support his claim that he could afford to buy the property, house, and four-wheeled vehicle that are at issue. According to the judge's ruling, progressive law satisfies societal legal requirements. The judge's ruling about the contribution of joint assets served as a legal justification for not dividing joint assets in half, based on the facts of the case

The nature of human practices and the importance of practical reason: why law cannot be a moral practice only

ABSTRACT I will advance two criticisms and one comment to Hershovitz's Law is a Moral Practice. First, I will argue that the idea that law is a moral practice because it rearranges our moral relationships tends to be circular, unless a conception of practical reason connected to morality and human practices are advanced. Second, I will problematise the predominance of a backward-looking legal reasoning that focuses on rights and wrongs only. Finally, I will explore Bernard Williams diagnosis regarding ‘the problem of the morality system’ and scrutinise how his reflections might have implications for the key premises advanced by Hershovitz. I demonstrate that any explanation of law as moral practice needs to explain the role of our engagement with the law as the kind of creatures we are, i.e. rational creatures. This means that any account of the relationship between law and morality that does not explain the character of practical reason and how it engages with the law is deficient and unsatisfactory. Hershovitz is eager to show that law cannot be neutral and he tells us that it is instead a moral practice that deals with rights and wrongs in a robust manner. However, his account cannot explain to us how the judge and legislator make this possible through the law. Therefore, within this conception, there is no mediation or bridge between law and moral practice qua rational (and not qua practice). Hershovitz seems to discard the ancient philosophical platitude, namely that we cannot understand and engage with right and wrong, good or bad, except through the mediation of reason.

MECHANISMS AND LEGAL RESPONSIBILITIES OF NURSES IN CARRYING OUT EMERGENCY MEASURES IN THE INTENSIVE CARE UNIT

In carrying out their duties and authority in treating patients in the Intensive Care Unit (ICU), a nurse is required to obtain a mandate from a doctor, which is a legal relationship that arises as a result of delegation of authority. This certainly has a clear mechanism because it will have legal consequences if errors or omissions occur in the delegation of authority. In fact, there are still cases that have fatal consequences for patients and those who are asked to be held accountable are nurses whose capacity is only as recipients of mandates. The method in this research is empirical juridical and normative juridical, based on field data and statutory regulations and related documents. The results of this research show that doctors who are unable to carry out medical procedures due to certain factors may ask the nurse for help to carry out medical procedures, provided that the doctor is obliged to provide a clear delegation of authority to the nurse in writing to carry out the medical procedure. Delegation of authority to carry out medical procedures from doctors to nurses as intended in Article 27 letter a Minister of Health Regulation Number 26 of 2019 concerning Explanation of Law No. 38 of 2014 concerning Nursing can take the form of delegation of delegated authority or mandate. Delegation of authority to carry out medical procedures must be done in writing to professional nurses or trained vocational nurses. Emergency actions carried out by nurses aim to save the patients life and prevent further disability. The delegation of authority is mandatorily given by doctors to nurses to carry out medical procedures under the supervision of the medical personnel who delegate authority. The form of accountability can be in the form of civil law, criminal law and administrative law, so that all three can provide their own sanctions for violations that occur due to losses, negligence or administrative errors.

Menelusuri Makna Kata Nur dalam Al-Qur'an: Aplikasi Semantik Ensiklopedik

Many words in the Koran have many meanings. Likewise, vice versa, there are many different words but they have the same meaning. A comprehensive expression of meaning is needed to arrive at objective meaning. The purpose of this article is to reveal the meaning of the word nūr in the Qur'an. The method used is a qualitative method through a content analysis approach using encyclopedic semantic theory. The research results reveal that the word nūr in the Koran has many meanings. In pre-Quranic times, the word nūr meant the material of shining light and life. Meanwhile, during the era of the Qur'an, its meaning had expanded to include the material of light, the Qur'an, the prophet Muhammad, God's guidance, the explanation of laws, the light of faith, the light of justice, God's religion, reward, and revelation.

Legal Protection of Rabies Victims in Bali, Which Resulted in The Death of Toddler from a Legal Sociology Perspective

A toddler victim of rabies that causes death violates the right to life, survival and development as outlined in the conception of child protection in the explanation of Law No. 23 of 2002. The problems in this paper are: How is the Legal Sociology Study of the Effectiveness of Rabies Transmission Prevention Regulations, and How is the Legal Protection of Rabies Victims in Bali Causing the Death of Toddlers from a Legal Sociology Perspective? The research method used is Juridical-Empirical. The results showed that the toddler's parents were negligent in the case discussed because the wound was considered small and safe. Hence, the patient (family) was negligent and did not report to the health facility for further treatment. Regarding negligence that causes death, it is explained in Article 359 of the Criminal Code, which reads as follows: "Any person through whose fault (negligence) causes the death of another person shall be punished by a maximum imprisonment of five years or a maximum light imprisonment of one year." From the perspective of Legal Sociology, there is the arbitrary treatment of children carried out by families without paying attention to the child's right to protection following his health condition after being bitten by his pet dog.

Discourse network on the revision of Indonesian information and electronic transaction law

Freedom of speech is one of the pillars of democracy that is being problematised as new media technologies are increasingly used in people's lives. In Indonesia, this can be seen in the debate over the UU ITE, passed in 2008, one aspect of which regulates the dissemination of information, fake news, and the like in the digital public sphere. For its critics, several articles in the UU ITE threaten freedom of expression and are considered a factor in the democracy regression in Indonesia. Using the DNA method, this research investigates the discourse and actors involved in the debate and how the discourse network is shaped. There are two periods covered, namely October 2016 to December 2016 and February 2021 to June 2021, when the government issued an official explanation or further regulation of the ITE Law. From three prominent online media (Kompas.com, detik.com, and Tirto.id), 359 articles were obtained and then coded based on actors and discourses. Therefore, this research shows the discourse coalition on the issue of freedom of speech. This research shows that the second period of debate involved more actors and discourses and changed the discourse network. There are realignments of network coalition by the state apparatus to be more supportive towards the more democratic discourse, although it is not necessarily materialised in the policymaking decision.

REVEALING THE DILEMMA OF MARRIAGE DISPENSATION REGULATIONS IN INDONESIA

This article aims to reveal the regulation of marriage dispensation in Indonesia, which is regulated in Law No. 16 of 2019 concerning amendments to Law No.1 of 1974. Article 7 paragraph (2) states that if there is a deviation from the age provision, the parents of the man or woman can apply for marriage dispensation to the Court, for the sake of al-mashlahat. The focus of this research is how Islamic law analyzes the regulation of marriage dispensation in Law Number 16 of 2019. In this study, a normative legal research method is used, which is also called dogmatic legal research. The results show that Law No. 16/2019 brings the spirit of change regarding the regulation of marriage dispensation and the minimum age of marriage. In addition, Supreme Court Regulation No. 5 of 2019 is a special rule as a form of explanation of procedural law relating to marriage dispensation applications. In the perspective of Islamic Law, it brings al-mashlahat, with the regulation of marriage dispensation in certain circumstances. However, the minimum age of marriage in Islamic law is determined by ihtilam, rusyd, menstruation as physical signs and a certain age, which indicates maturity.

Participation and Law’s Authority

AbstractThis article argues that despite its claim to be most concerned with the nature of law in the generality of cases, legal positivism’s almost exclusive focus on Anglo-American law has prevented the tradition from adequately answering the question of law’s authority. This article argues that much positivist analysis either ignores, or takes for granted, the participation of the local population in the historical development of any given society’s law and legal system. This failing means that positivism, and much of analytical jurisprudence, does not provide a truly general, non-circular explanation of authority that accounts as equally for post-colonial legal systems as it does for the Anglo-American systems with which positivism has been most concerned. I argue that the conceptual inadequacies in the explanations of law and legitimate authority offered by those such as H.L.A. Hart and Joseph Raz are most clearly exposed by post-colonial cases, such as Nigeria.

PERLINDUNGAN HUKUM ATAS TANAH ADAT DALAM KAITAN PEMBERIAN IZIN USAHA PERKEBUNAN KELAPA SAWIT

Rule point 3 of the UUPA states that the use and exploitation of agrarian lands, especially the management of ulayat land, is carried out by customary leaders (Kepala Adat) and the utilization is intended for both members of the customary law community concerned and people who are not part of the customary or local law community. Every citizen has the right to obtain legal remedies as well as remedies for violations of rights they have suffered as well as a fair legal settlement. In this case, the state has an obligation to ensure the fulfillment of these rights. Based on access to justice which is a constitutional guarantee of human rights. Likewise in the explanation of Law no. 39 of 1999 concerning Human Rights Article 6 Paragraph (1) states that customary rights which are actually still valid and upheld within the customary law community must be respected and protected in the context of protecting and enforcing human rights in the community concerned by taking into account the law and regulations. laws and regulations. The approach method used in the preparation of this thesis is normative juridical research (normative legal research method). The normative juridical research method is a legal research library conducted by examining library materials or secondary data. By using the deductive method of thinking (a way of thinking in drawing conclusions from something general that has been proven true and that conclusion is aimed at something specific). Based on the analysis that the author conducted regarding the Recognition of Ulayat Rights in the Republic of Indonesia, the district/city government is the first line to provide recognition and protection of customary rights over customary law community lands. Regional autonomy, which forms local governments that are close to the people, is expected to increase legal recognition and protection of the customary rights of customary law communities which are often neglected in state life.
 
 Key Word: Oil Palm, Law Protection, Customary Land.

РОЛЬ ПРИНЦИПА ДОПОЛНИТЕЛЬНОСТИ В ТЕОРИИ ПРАВА

The article analyzes the features of the application of the general scientific principle of complementarity in social and humanitarian studies from the point of view of the possibility of a more comprehensive description and explanation of law in the framework of its general theory. The purpose is to substantiate the use of that methodological principle in the field of legal research for resolving such epistemological issues of the theory of law and legal science in general as: unlimited relativism of legal understanding; disciplinary isolation and self-sufficiency of legal theory; legitimization of the pluralistic vision of law in legal science, that is, overcoming fundamentalism and onesidedness of legal theories focused only on one aspect of the manifestations of law in the life of society. The necessity of constructing a theory of law taking into account the above methodological basis is demonstrated, which, in particular, would contribute, firstly, to the development of an integrative understanding of law, allowing for a more operational application of that general theoretical concept in specific empirical studies, secondly, closer integration of jurisprudence with other socio-humanitarian sciences, and thirdly, the formation of a more multidimensional socio-cultural image of law in scientific and educational discourses.

Canonical Law in modern theological and legal cognitionю V.V. Bagan. Genesis and ontology of the Canonical Law of the Orthodox Church: scientific-theological and scientific-legal research

The review article reveals the significance for modern legal science of the monograph of Priest Vladislav Bagan (Bagan Vladislav V.), dedicated to the scientific-theological and theoretical-legal understanding, generalization and conceptual explanation of the Canonical Law of the Orthodox Church. There is a high level of theoretical generalizations and the importance of this kind of research for modern legal understanding. Among the advantages of the work: a deep analysis of the ontological foundations of Canon Law in the context of the problems of legal understanding, a description of the essence of law in the Orthodox worldview; recognition of the Canon Law of the Orthodox Church as the most important element of the Rule of Law of post-secular society; description of the main directions, schools and concepts of Canon Law; review of the largest studies in the field of Canon Law and a number of others.

Revisiting the “Tradition of Local Control” in Public Education

In Milliken v. Bradley, the Supreme Court declared “local control” the single most important tradition of public education. Milliken and other related cases developed this notion of a tradition, which has frustrated attempts to achieve equitable school funding and desegregation through federal courts. However, despite its significant impact on American education, most scholars have treated the “tradition of local control” as doctrinally insignificant. These scholars depict the tradition either as a policy preference with no formal legal meaning or as one principle among many that courts may use to determine equitable remedies. This Note argues that the Supreme Court conceived of the tradition not merely as good policy or remedial law but as a principle that was supported by multiple freestanding constitutional provisions. It shows how the policy and remedial law explanations for the tradition do not fully explain the Court’s reasoning. It then demonstrates that the Court located the tradition in the federal Constitution’s guarantees of substantive due process, the right to vote, federalism, and the separation of powers.

THE METHOD OF EXPRESSING MAXWELL'S EQUATIONS IN AN ORGANIC SERIES ACCORDING TO THE RULES, LAWS AND EXPERIMENTS IN THE DEPARTMENT OF ELECTROMAGNETISM

The article presents opinions about the method and sequence of explanation using Maxwell's equations in the explanation of laws and regulations in the department of electromagnetism to students. In the educational process organized on the basis of the proposed sequence, students will understand all the laws of electromagnetism and will be able to apply them to natural phenomena and processes.

La moralidad interna del derecho internacional

In this essay we build on public fiduciary theory and Lon Fuller’s notion of the internal morality of law. We posit two criteria necessary to establish the internal morality of international law. We argue that the internal morality of international law is derived from the synthesis of a fiduciary criterion of legitimacy and the prohibition of unilateralism. The former refers to the idea that any public action which cannot be reasonably said to be made in the name of, or on behalf of, those subject to it is illegitimate. The latter refers to the prohibition of one state imposing its will on another. We argue that the fiduciary criterion and the prohibition of unilateralism are complementary, and their synthesis provides a compelling explanation of international law’s authority. This is evident from the character and legal effects of jus cogens or peremptory norms. Finally, we address numerous challenges that could be raised against this conception of international law, and its implications for the rule of law in the international realm.

International Legal Framework Effects on International Law and especially its Impact on the Environment Law

In order for the rule of law to accomplish its main objectives or goals, which involves safeguarding people's freedom and well-being, international law must be utilized. The peculiar aspects of international law and the global legal system do not destruct the rule of law in any way. International law does not contain anything inherent towards the rule of law obstruction. The law plays a fundamental role in improving and promoting the rule of law. This paper focuses on the various international legal frameworks and their effects on general law and the environment. The international legal framework has had adverse impacts on various sectors such as health and human right in the different states in the world. The article investigated various problems such as how to have the international legal frameworks impacted the various sectors in the states worldwide, what impactt has the frameworks had on the environment itself, and how the countries have benefited from the international law. The findings of this paper have concluded that these legal frameworks on human rights have affected the general international law in various ways. These frameworks have had a significant role in enhancing the promotion and solidification of the global language of human rights law in the local discussion. In the health sector, the development and explanation of global health law over the past twenty years has been a recognizable development in international health policy mostlyin this period of COVID-19. In the past, public health was considered as a domain of nearly obsolete national jurisdiction, and multilateral relationships in this sphere were narrowed to discrete regions. The international environmental law sector has developed into a distinct part of international law besides its gradual start. Currently, it is full of principles and standards that regulate and control environmental aspects. The principles are significant for several reasons, such as enhancing a platform to dialogue the new environmental conventions and treaties and adopt the ones that are in existence to save the world as united and unique entity.