Faculty Of Law Research Articles

Efficiency of Pre-Trial Proceedings – Current Challenges of Criminal Law

On September 11th and 12th, 2023 was held under the auspices of the Alumni Club and Faculty of Law of the Comenius University in Bratislava the international scientific conference “Bratislava Legal Forum 2023“ (hereinafter as “conference”). The central theme of the plenary session was “Human at the center of the rule of law". One of the main goals of the conference was to connect the knowledge of legal practice and legal science through their representatives from the domestic and international environment. In order to reach this goal was the conference divided into plenary session and parallel discussions in thematically focused sections. The plenary session had two panel discussions. One of them was panel discussion called “Artificial intelligence as a challenge for law, legal education and the rule of law” and second one was panel discussion called “Criminal law and the rule of law” moderated by professor Tomáš Strémy (academic professor and attorney at law). Participants of this panel discussion were doc. JUDr. Eduard Burda, PhD. (Dean, Faculty of Law, Comenius University in Bratislava), JUDr. Petr Angyalossy, PhD. (President, Supreme Court of the Czech Republic), JUDr. Martin Puchalla, PhD. (Chairman, Slovak Bar Association), JUDr. Jozef Kandera (first deputy general prosecutor of the Slovak Republic, General Prosecutor's Office of the Slovak Republic).

Law Students Providing Legal Support in an International Hate Speech Project (Part 2)

The previous report from 2022 presented a newly started international anti-hate speech project with the participation of students from the Faculty of Law of the Comenius University in Bratislava. Despite the EU-funded project started in April 2022, in December of the same year, we were already able to present tangible results. At the end of 2023, the project can be described as fully established and set to reach its ambitious goals thanks to the synergy among students, volunteers and the client Forum for Human Rights (“FORUM”). This report is a follow-up to the first one and presents new interesting developments and challenges. It focuses on the role of students, aspiring young professionals, in protecting the human rights of Roma people.

Consultation Conference on Land Consolidation

On the 31th May 2023, Comenius University in Bratislava, Faculty of Law organized an international scientific conference entitled "Consultation conference on land consolidation”. The conference was organized at the faculty with the participation of several Slovak as well as foreign guests. The conference represented the outcome of the research team concerning the project No. APVV-19-0494 „Effective land consolidation“, granted by Slovak Research and Development Agency (APVV).

Quo Vadis the Status of Transgender People in Slovakia?

On 29th September 2023, the Comenius University Bratislava hosted a scientific conference entitled "Quo Vadis the Status of Transgender People in Slovakia?" It was organized by the research team of the project VEGA 1/0350/21, which focuses on the ethical and legal aspects related to the informed consent of transgender minors. The project team is based at the Faculty of Law of Comenius University in Bratislava. The primary aim of the conference was to start a substantial discussion about the ethical, medical, and legal principles for care for transgender and non-binary adolescents in the Slovak Republic. For this purpose, experts from the fields of psychiatry, psychology, endocrinology, law, philosophy, and ethics were invited. An integral part of the conference was the lecture and attendance of transgender people and non-binary people in a discussion panel. The principle of self-determination was confirmed to be fundamental for the further development of legal framework and medical services in Slovakia.

Peningkatan Pemahaman Masyarakat Trimulyo Genuk Semarang Mengenai Aspek Hukum Perjanjian Pinjaman Online

One of the technological developments in the economic sector that has had a big influence is Fintech, which is an innovation in the field of technology in terms of transactions for giving and receiving loans, without having to meet face to face, or what is better known as online loans. The legal provisions governing conventional agreements are the same as the legal provisions governing online agreements. Due to the negative impact of illegal online loans, it is necessary for the Community Service Team (PkM) of the Faculty of Law, University of Semarang (USM) to hold outreach and counseling with the theme "Increasing Understanding of the Trimulyo Genuk Semarang Community Regarding the Legal Aspects of Online Loan Agreements". This activity uses 5 (five) methods, namely, pre-test, counseling, question and answer, post-test and evaluation methods. The results of this activity showed an increase in public understanding by 69.2%.

Apakah Persepsi Harga dan Cita Rasa Berpengaruh terhadap Keputusan Pembelian Ayam Geprek Rocket Chicken

This research aims to determine the role of price and taste perceptions on purchasing decisions for rocket fried chicken. The variables used in this research are price and taste perceptions as independent variables, purchasing decisions as the dependent variable. The data collection technique used in this research is data from questionnaire answers distributed to respondents on a Likert scale with the highest value being 5 and the lowest being 1. The data analysis technique used in this research uses Smart (PLS) Partial Least Squares. The population in this research is the number of consumers purchasing Geprek Chicken for Students of the Faculty of Law and Business, Duta Bangsa Angakatan University, Surakarta in 2020, namely 358 students as consumers. The sample used in this research was 71.6 respondents. The research results show that price perceptions have a positive influence on purchasing decisions and taste has a positive influence on purchasing decisions.

Relevansi Pemeringkatan Kata Kunci Dengan Menggunakan Dalil Zipf Pada Abstrak Skripsi Hukum Perdata Fakultas Hukum Universitas Sriwijaya Tahun 2018-2022

This study aims to see the relevance of the results of subject indexing through the zipf argument with thesis keywords in several thesis abstracts for the Civil Law Department, Faculty of Law, Sriwijaya University 2018-2022 and also to find out the topic of the thesis. This research uses a quantitative descriptive approach with a bibliometric measurement method using the zipf theorem. The object is the undergraduate student thesis of the Department of Civil Law, Faculty of Law, University of Sriwijaya from 2018 to 2022 as many as 60 thesis abstracts. The research sample is the entire research object. The results of the research apply the use of the zipf argument as a method for determining keywords in the thesis abstracts of the civil law study program, Faculty of Law, Sriwijaya University, 2018-2022. Keywords as a result of zipf ranking are then compared with the author's keywords to obtain the level of relevance of these keywords. From the calculation of the relevance, it can be said that indexing through Zipf's law shows a high level of marginal relevance when equated with the relevant level and irrelevant index results. The proof is through estimatio

LEGAL REGULATION OF COUNTERING EXTREMISM IN THE REPUBLIC OF TAJIKISTAN

The article analyzes the norms of the criminal legislation of the Republic of Tajikistan that providefor liability for extremism, and reveals the problems of defining the conceptual apparatus in the new Lawof the Republic of Tajikistan “On Combating Extremism.” Awareness of the public danger of promotingnational, racial and religious hatred gradually led the legislation of Tajikistan to establish criminal liabilityfor a number of extremist acts. The research was carried out within the framework of the scientific theme ofthe Department of Criminal Law of the Faculty of Law of the Russian-Tajik (Slavonic) University “The fightagainst religious extremism in the Republic of Tajikistan and the Russian Federation: problems of theory,legislation and practice (2015–2019)”, as well as within the framework of the activities Research Center forCountering Extremism and Terrorism at the Faculty of Law of the Russian-Tajik (Slavonic) University.

Development of Integrity Zone Towards Corruption-Free (WBK)/Clean Bureaucracy (WBBM) at Work Unit Law Faculty UNNES

Development of Integrity Zone Towards Corruption-Free (WBK)/Clean Bureaucracy (WBBM) at Work Unit Law Faculty UNNES

Судейский корпус в России: выбор профессии, карьерные возможности и ограничения

The article analyzes results of a study of the judiciary conducted in 2021–2022 in the Novosibirsk region, materials are summarized on the sociodemographic and professional characteristics of the judiciary, their infl uence on the motivation for choosing a profession and career advancement of judges. The interdisciplinary nature of the research led to the use of sociological (questionnaires and in-depth interviews) and legal methods of research (historicallegal, formal-legal, comparative-legal). As a result of the study, the author highlights the deepening of the processes of feminization and rejuvenation, which were recorded earlier. The overwhelming majority of judges are young women aged 30–45 years. The demographic composition of the judiciary is determined by the sources of its formation, the professional experience of most judges is limited to work in the court apparatus, in which graduates of law faculties of universities are employed, and after obtaining the necessary skills and experience in the court apparatus, they become judges. The main reasons for the apparatusbureaucratic way of forming the judiciary were the content of the work and the requirements for the professional qualities of a judge – the ability to consider a large volume of cases in the shortest possible time, correctly fi ll out documents and control procedural deadlines. The sources of replenishment of the judiciary determine the motivation for choosing a profession and career expectations for judges. For young women coming from the court staff, the main factors in choosing a profession were the desire for professional and social self-realization, combined with material rewards and social guarantees. When choosing a professional trajectory, most judges attributed the acquisition of power and high social status to insignifi cant factors. In such a situation, low or indefi nite career aspirations of a signifi cant part of judges are natural. At the same time, the unexpressed ambitions of the majority of the judiciary coincide with the capabilities of the judiciary itself, judges are a profession with low vertical mobility, only a small part has a real chance to get promoted and become the head of a district court or become a judge of a regional court.

Podejście decyzyjne w procesie mediacji

Mediation is a legal institution used in international, supranational, and state disputes. A wide range of legal cases in disputes arise include economic, civil, labour or family matters and it is not a closed catalogue. Mediation can be seen as a set of decision-making processes, of which the mediator’s decision-making process is essential for the outcome of mediation. I propose a study to be carried out on the institution of mediation using a decision-making approach in the light of an interdisciplinary review of the results of research that may be relevant to the project, for example from the perspectives of logic, psychology, sociology, and neuroscience. The research will also include elements related to computer-aided decision making and artificial intelligence, and the issues of confidence and emotion will also be included in order to balance the participation of artificial processes. As a result of the research, an SSM (support, stimulate, manage) strategy will be proposed, taking into account the model course of decision-making in mediation with a focus on the mediator’s decision-making processes. The article provides a preliminary reflection and announcement of the start of work on the topic of decision-making approaches in mediation, with a call for discussion, addressed to the academic and professional community. The research is conducted in the Academic Mediation Centre operating at the Faculty of Law and Administration of the Maria Curie-Skłodowska University (Lublin) and within the research group – Central & Eastern Mediation Research Group.

MATILDA BRĂDIȘTEANU (DUŢULESCU)-PRIMA FEMEIE AVOCAT DIN OLTENIA

For the history of Craiova, Matilda Brădișteanu Duțulescu was one of the intellectual representative figures, who was formed in the interwar period, ascending all the steps of the teaching carrier, starting from the position of teacher and reaching the leading positions: headmaster of "Elena Cuza" National College (1938) and, then, to that of inspector general (1943). A graduate of the Faculty of Law from Bucharest, based on her bachelor's degree, obtained in the autumn of 1920, she enrolled as a trainee solicitor in the Dolj Bar, becoming, according to her reports, the first lawyer woman in Oltenia. She could not practice this profession, her husband opposing to it. It is well known that the interwar doctrine was stating that, in order to exercise any profession, a woman had to have the authorization of her husband. Even though women asserted themselves in social life and demonstrated their ability to handle any situation, the provisions of the 1923 Constitution put them in inferiority compared to men.

A jogi oktatás kezdetei Egerben: a Foglarianum II. Az abszolutizmustól a népi demokráciáig

The legal training in Vienna changed greatly due to the reforms of Maria Theresa (1740–1780). She formulated a dual goal for the Vienna Faculty of Law in her study decree of 1753. One of her goals was to turn the institution into an internationally known scientific research and education centre, and the other was to train specialists with legal and administrative knowledge for the state. As a result of the centralising quest of absolutism, the state intervened more and more decisively in the administration of church law academies, which was the primary reason why Eger’s university plan could not have been achieved. One of the goals of the Second Education Decree issued by Francis I was to unify legal education at universities and colleges. The imperial centralisation efforts aimed to establish the Austrian university system in Hungary because the traditional educational frameworks no longer corresponded to neo-absolutist imperial criteria.

Optimalisasi Kebijakan Publik Dalam Bidang Pariwisata Sebagai Upaya Meningkatkan Perekonomian Masyarakat Di Desa Wisata Seruni Mumbul Kecamatan Pringgabaya Kabupaten Lombok Timur

Through law, policies can be implemented in accordance with what has been determined by the government. This is because the government in making a policy must always adhere to the legal rules that have been established. Law and public policy are variables that are very closely related, so that studies of public/government policy are increasingly needed to understand the current role of law. This need is increasingly felt as the government's role in entering the field of human life expands, and economic, social and political problems become increasingly complex. Apart from that, legal regulations also play a role in helping the government in its efforts to find alternative policies that are good and beneficial to society. It is very necessary to optimize public policies for most tourist destinations during the decline of the Covid 19 virus disease outbreak. The decline in the tourism sector has an impact on Small and Medium Community Enterprises (MSMEs) and community employment. The tourism sector is one of the sectors that provides the most employment opportunities and provides welfare to the community. The non-operation of one of the activities in the tourism sector causes most people to lose their livelihoods and has a negative impact on the community's economy. Based on the above background, we chose to focus our research activities on optimizing public policy in efforts to develop tourism in the Seruni Mumbul Tourism Village, Pringgabaya District, East Lombok Regency. As a specific goal and target in the corridor and focus of research activities in the field of tourism development to improve the community's economy, this is a manifestation of our role as lecturers to be able to seek access to a subject area that must be developed at the Faculty of Law, University of Mataram. And the focus of this activity is certainly expected to contribute to the development of science in general and the development of legal science in particular related to public policy and tourism. And the output of this research will be able to produce teaching materials for tourism law courses which have not been included in the curriculum at the Faculty of Law, University of Mataram.

Accountability of State Financial Management (Study at the Faculty of Social Sciences and Law, Universitas Negeri Manado)

The aim to be achieved in this research is to find out, analyze, and describe the Financial Management Accountability of Public Service Agencies (BLU) at the Faculty of Social Sciences and Law (FISH) Universitas Negeri Manado (Unima). The research method uses a qualitative descriptive approach. Informants were determined using purposive sampling. Data were analyzed descriptively and qualitatively. Data collection techniques use observation, interviews, and documentation. The data analysis techniques that will be used in this research consist of data reduction, data presentation, and drawing conclusions. The results of the research show that the process of preparing planning documents up to Budget Planning looks good, but in the future, the coordination of the preparation of activities between Departments, study programs, Faculties, and Universities, can still be improved. Meanwhile, in budget implementation, efforts are still needed to reduce or simultaneously eliminate obstacles in the submission of Accountability Letters (SPJ) from departments and study programs, so that they do not hinder the implementation of other activities due to negligence in SPJ matters. In Budget Accountability, the role of Faculty leaders is still needed in monitoring the preparation of activity reports and the placement of human resources who have competence in preparing reports. This needs attention because negligence in financial management accountability has legal consequences.

The Influence of Using Learning Media on the Understanding of Office Administration Education Students at Universitas Negeri Makassar

Student understanding has a big role in the learning process to achieve the learning goals themselves. Therefore, research has a significant role in identifying factors that influence student understanding. This research discusses the influence of the use of learning media on the understanding of Office Administration Education students, at the Faculty of Social Sciences and Law, Universitas Negeri Makassar. This type of research is descriptive research with a quantitative approach. The sample used in this research was 88 students with a population of 175 students. This research presents newer information by linking detailed theories and different loci to previous research so that it can be used as evaluation material to improve student understanding through several indicators in the use of learning media. The results of the research show that the indicators used for each variable show that the use of learning media is in the good category and the understanding variable is in the very high category. Based on the correlation test, there is a relationship between the two variables. So it can be concluded that there is a positive and significant influence of learning media on the understanding of Office Administration Education students, Faculty of Social Sciences and Law, Universitas Negeri Makassar.

Preface

the 3rd International Conference on Law, Economics, and Governance (ICOLEG 2023) organized by the Law Faculty, Universitas Diponegoro. This year ICOLEG held on July 11-12, 2023 at Patra Semarang Hotel & Convention. This international conference is divided into two forms of agenda as follows: Plenary Sessions; and Scientific Sessions which separated into three chambers. Faculty of Law, Universitas Diponegoro organizes this conference every two years (biannual international conference) as a forum to exchange ideas and experiences on law, economics, and governance issues. This conference invites speakers whose international reputation and call for papers to national or international law lectures, undergraduate and postgraduate law students from national or abroad, practitioners, government officers, and environmental activists or staff of Non-Government Organizations (NGO) to present their papers according to ICOLEG Theme in 2023, namely “Progressive Law in The Midst of Climate Change” with the topic :1. Environmental Law, Economic, and Governance2. Climate Justice and Sustainable Development3. Blue and Green EconomicWe invited several reputable speakers from various universities to discuss these issues. They are: Prof. Dr. Petra Minnerop (Professor of International Environmental Law and Climate Change, Durham Law School, British), Assoc Prof. Constatinos Yiallourides (Macquarie University, Sidney), Assoc. Prof Salawati Mat Basir (Faculty of Law, Universitas Kebangsaan, Malaysia), Assoc Prof. Dr. Johan Shamsudin bin Sabarudin (Faculty of Law, University of Malaya), Prof. M.R. Andri Gunawan Wibisana (Faculty of Law, Universitas Indonesia), Prof. Dr. F.X. Adji Samekto (Faculty of Law, Universitas Diponegoro), Dahliana Hasan, Ph. D (Faculty of Law, Universitas Gadjah Mada) and Iman Prihandono (Faculty of Law, Universitas Airlangga).This conference provided an academic opportunity for dialogue among the academician, officers, NGO, and other parties to solve the environmental issue. Every submitted paper has reviewed by our Scientific Committee who consists of ten experts from several universities around the world, namely : (1) Taylor’s Law School, Malaysia; (2) Australian Catholic University, Australia; (3) Universitas Kebangsaan Malaysia, Malaysia; (4) Universitas Airlangga, Indonesia and (5) Universitas Diponegoro, Indonesia. The Scientific Committee will select the paper based on high quality standard to be published on proceeding.We would like to express our sincere gratitude and immense appreciation the honorable speakers, the participants, and also many people who are involved. We realize that the international conference would not be successfully conducted without their contribution.Hopefully this proceeding could provide the new insights and solutions regarding the climate change issues from the scientific perspective. The Editorial Team ICOLEG 2023 List of COMMITTEE are available in this pdf.

Integrating Sustainability Into Curriculum of Legal Education in Latvia: An Insight Into the Main Issues

Abstract For the last few decades, there has been an ongoing academic debate about the integration of sustainability into the curricula of higher education institutions to address various global challenges. Legal education is no exception. Taking into consideration that the new generation of legal professionals will be responsible for the development of regulations as well as for advocating for the individuals’ interests related to global issues, they need to be equipped with knowledge and skills to tackle these complex problems effectively. In this context, teachers1 play a crucial role, since they can instill in their students a sense of responsibility towards the future generations. The aim of this paper is to analyze how the concept of sustainability can be integrated into the curriculum of legal education in general and in Latvia in particular. To achieve the aim, the following research methods are used: legal analysis to examine the meaning and the place of the concept of sustainability in the context of legal education in Latvia and a scientific literature review to investigate the concept of sustainability in the context of integrating it into the curriculum of legal education. The main conclusions of the article: the future strategy for law schools and law faculties in Latvia should involve the incorporation of sustainability into the learning outcomes of law programs and specific courses, teaching strategies, and research opportunities for students; also, by broadening interdisciplinarity of the programs and involving students in collaboration with various stakeholders to promote sustainable development.

Review: International Memorial Course Marko Petrak “Roman Legal Tradition and Contemporary Legal Systems”, Dubrovnik, 16-18 October 2023

The first issue of the International Memorial Course Marko Petrak – Roman Legal Tradition and Contemporary Legal Systems, organised by the Faculty of Law in Zagreb, was held at the Inter-University Centre in Dubrovnik from the 16th to 18th of October 2023. The course was organised in honour and memory of eminent professor and scholar, the late lamented Marko Petrak. The course was planned by the co-directors from different European universities (University of Zagreb; University of Trento; University of Warsaw; Jagiellonian University, Kraków; Autonomous University of Barcelona; University of Sarajevo), while the main organisers from the Faculty of Law in Zagreb were Professor Tomislav Karlović and Associate Professor Henrik-Riko Held. The course was attended by forty participants: students from various European countries (Slovenia, Poland, Croatia, Bosnia and Herzegovina, Italy, etc.) and eminent professors and scholars from various distinguished European universities and institutions (e.g. Trento, Torino, Ferrara, Macerata, Frankfurt am Main, Kraków, Warsaw, Ljubljana, etc.). The organizers and the participants were also joined by Marko Petrak’s mother, Professor Jelka Petrak (Faculty of Medicine, University of Zagreb). During the course various topics were covered in three thematic blocks: Roman Legal Tradition, Methodology and Teaching of Roman Law in Contemporary World (first day), Roman Legal Issues (first and second day) and Medieval and Canon Law Contributions to the Roman Legal Tradition and vice versa (third day).

The Key Success of Implementation of SIDILAN App in Improving the Quality of Public Services

The development of the Integrity Zone is based on Permenpan RB Number 10 of 2019 as an amendment to Permenpan RB Number 52 of 2014 concerning Guidelines for the Development of Integrity Zones Towards Corruption-Free Areas and Clean and Serving Bureaucratic Areas. The enactment of this regulation made Surabaya State University try to obtain the title of integrity zone by appointing the Faculty of Social Sciences and Law as a model faculty. In practice, the Social Sciences and Law faculty innovate digital-based public services through the Sidilan Application. This research aims to analyze the development and application of SIDILAN in improving the quality of public services. The research method used is descriptive with a qualitative approach. This research focuses on theories about the elements of successful e-Government development which include support, capacity and value. The research results show that these three indicators have supported the successful implementation and development of SIDILAN in improving the quality of public services in the Social Sciences and Law faculty. However, there are still no legal products from universities that use a legal basis. Apart from that, it is hoped that SIDILAN socialization can be carried out directly to increase understanding and minimize miscommunication regarding the services needed.