Guarantee Of Protection Research Articles

Criminal Liability of Child Exploitation Through TikTok Live Streams in Orphanage Foundations (A Case Study of Decision Number 148/Pid.Sus/2024/PN Mdn)

The helplessness of children in protecting themselves provides opportunities for adults to exploit them. As in Decision Number 148/Pid.Sus/2024/PN Mdn, where the development of digitalization and social media trends, namely TikTok, was misused as a means of exploiting children in foster care. The perpetrators take advantage of children's vulnerability by having the child appear in TikTok live streaming to attract audience sympathy in order to get gifts that can be converted into money. This study aims to analyze the guarantee of legal protection for orphanage children as victims of exploitation and examine the criminal liability of the manager of the orphanage foundation in cases of child exploitation through TikTok live streaming. The normative juridical method with a statutory approach and a case approach is used in this research. The results show that orphanage children who are victims of exploitation are entitled to legal protection guarantees in the form of special protection, social rehabilitation, legal assistance, and supervision by empowerment institutions such as KPAI. The actions of the orphanage manager are proven to meet the requirements of criminal liability because they intentionally exploit for material gain, have the ability to be responsible, and without any excuse that can eliminate criminal responsibility.

Публично-правовая ответственность: оценка современных взглядов в контексте утверждающегося в конституционной практике инновационного подхода

The postulation of the modern state as legal at the same time means the ability of a citizen to make public legal claims to the government as a whole and its power institutions. In relation to modern Russia, the problem of legally correct (responsible) behavior of the state and the entire system of public authorities in relations with citizens is fundamentally new. For a long time, the prevailing ideology of immunity of the state and other powerful public legal structures from responsibility turns out to be very «tenacious» in relation to new state-legal realities. Accordingly, the problem of responsibility of the state and public authorities for the violation of fundamental human and civil rights and freedoms in the specialized literature is considered mainly in the context of positive legal (political) responsibility outside of protective and coercive tools. It is obvious that overcoming views rooted in theory and practice predetermines the formation of a well-established mechanism of legal responsibility of public authorities in the state legal system as the most important guarantee of constitutional and legal protection (and protection) of fundamental rights and freedoms, countering corrupt behavior of public law officials, and the formation of trust in government institutions in society among the broadest segments of the population. The study of the problem of public liability in this sense is indeed one of the priorities of modern legal science, is a kind of its response to the challenges of the developing constitutional practice of modern Russia.

People protection and other axiological dominants of the Russian World: on the way to finding a modern Russian national idea in the conditions of the global multipolarity of the future

The article represents the author’s view on the issue of specification of the key vectors for further development of the Russian Statehood, nowadays and for the visible perspective. The emphasis is placed on the fact that such vectors should be determined taking into account the national priority of saving and protection for the Russian multinational people as well as other basic values that form the fundamentals of constitutional ideology as a generally accepted ideology of the state (national ideology). The author concludes that the national priority of people protection, in terms of its content and scale cannot be reduced only to the statistical indicators of fertility and mortality of the population, but should be the leitmotif of all the activities of the constructive institutes of the Russian society and, above all, public administration and their officials. At the same time, an important guarantee of people protection and progressive development of the Russian Federation should be the Rule of Law (in its liberal-conservative understanding), which at the same time a social state is.

Debt Bondage: An Analysis of Decision Number 612/Pid.B/2023/PN Rhl Concerning Crimes against Personal Freedom

This research aims to analyze Decision Number 612/Pid.B/2023/PN Rhl concerning the crime of kidnapping as a crime against personal freedom motivated by debt issues. This normative legal research employs a statute approach and a case study. Data analysis uses a qualitative content analysis to describe the issues and answer the research objectives. The research results indicate that Decision Number 612/Pid.B/2023/PN Rhl explicitly criminalizes acts of deprivation of liberty committed to resolving debt problems. The Panel of Judges’ considerations highlight the psychological impact of trauma on the victim as an aggravating factor, while the Defendants’ remorse and attempts at reconciliation serve as mitigating factors. Nevertheless, this act of kidnapping remains an ordinary offence whose legal process cannot be overridden by agreements between the parties. The implications of this decision provide a comprehensive understanding of the boundaries that must not be violated in debt collection. Thus, Decision Number 612/Pid.B/2023/PN Rhl contributes to creating a just and equitable legal climate and provides guaranteed protection of human rights in the context of debt collection.

ВИКРИВАЧ ЯК СУБ’ЄКТ КРИМІНАЛЬНОГО ПРОВАДЖЕННЯ У КРИМІНАЛЬНИХ ПРАВОПОРУШЕННЯХ, ПОВ’ЯЗАНИХ ЗІ ЗБУТОМ НАРКОТИЧНИХ ЗАСОБІВ

One of the key directions in the fight against illegal drug trafficking in Ukraine is the activity of law enforcement agencies, which should be focused on identifying offenders and bringing them to justice. The increase in the number of registered criminal offenses related to the sale of narcotics, as well as the high level of training of persons engaged in this illegal activity, require significant changes in the work of law enforcement agencies. In order to effectively expose such persons, it is necessary to introduce new strategies and approaches to their activities. One of these changes should be the emergence of a whistleblower as a subject of criminal proceedings in the investigated category of offenses. The article examines the role and importance of the whistleblower in criminal proceedings related to the illegal sale of narcotics. It was found that the appearance of this subject in criminal proceedings related to the illegal circulation of narcotics would significantly increase the activity of law enforcement agencies in exposing persons engaged in the sale of prohibited substances. It has been established that the effectiveness of whistleblowers’ activities will primarily depend on the extent to which the state will be able to create appropriate conditions for their cooperation with law enforcement agencies. This involves providing security guarantees, rewards and legal protection for those who provide important information on drug trafficking. In addition, special attention is paid in the study to the rights and guarantees of whistleblowers. Also, a comparison of the guarantees of state protection of whistleblowers and their legal status with whistleblowers in corruption criminal offenses was carried out. It was found that the guarantees for whistleblowers in cases of criminal offenses related to the sale of narcotic drugs are identical to those used in corruption crimes, since these categories of offenses are similar in terms of detection and proof methods. However, a characteristic difference is the issue of remuneration for whistleblowers. Based on the results of the research, relevant conclusions were drawn, and changes to the legislation of Ukraine were proposed. Key words: whistleblower, evidence, pretrial investigation, sale of narcotics, crime prevention, criminal proceedings, criminal offense, drug addiction.

Доступність адміністративного судочинства: проблеми подолання дискримінації

Abstract. The article is devoted to the study of the problems of accessibility of administrative proceedings through the lens of overcoming the problems of discrimination. The principle of access to the court is key in ensuring the right to justice in the modern social and legal reality, provided for by numerous international and national norms of the constitutional and industry levels, therefore the change of certain guarantees of the judicial process causes threats to the accessibility of the judicial process. It was established that new opportunities in the field of electronic justice create a problem of discriminatory access to administrative proceedings. Guarantees of human and citizen rights and freedoms, implementation of the principle of equality and non-discrimination remain the key paradigm of modern society, legal system and practice. The position is motivated that the latest virtual capabilities should be adapted to years-tested and internationally recognized world standards. The article points out the duality of the nature of administrative proceedings, which consists in the fact that courts can act in a double role: on the one hand, they are institutional state bodies that are obliged to create fair guarantees of protection against discrimination, and on the other hand, they themselves can complicate access to justice for certain groups of people or an individual due to his protected characteristics, thus the person affected by a discriminatory situation receives secondary victimization, which additionally has a destructive effect on the legal reality and the state of law and order and trust in the authorities. A separate analysis is devoted to the problem of proper access and non-discrimination of persons with disabilities and persons with limited mobility. It is proposed to expand the list of protected features in Article 8 of the Civil Code of Ukraine in accordance with the legislative policy of preventing and combating discrimination in Ukraine, and to supplement Clause 9 of the Regulations on the Procedure for the Operation of Individual Subsystems (Modules) of the Unified Judicial Information and Telecommunication System with additional guarantees for users with impaired vision, hearing, locomotor apparatus, speech and intellectual development, as well as with various combinations of disorders. Keywords: electronic justice; administrative justice; rule of law; discrimination; persons with disabilities; protected signs.

Career or Caregiving: The Dilemma Faced by Women in the Sandwich Generation

This study analyses the factors of working women in a sandwich generation to decide to work in the non-agricultural sector in East Java Province, Indonesia. The sandwich generation is identical to economic dependents on two families simultaneously: biological children and parents. As a sandwich generation, encouraging women to work develops their careers and for the welfare of their families. The sandwich generation phenomenon has occurred in several countries, including in every region in Indonesia. Many factors, especially structural poverty and economic conditions, can cause sandwich generation. This study uses logistic regression analysis of 2022 National Socioeconomic Data. The research results show that the characteristics of women participating in the non-agricultural sector can be caused by living conditions, education level, digital conditions, and the guarantee of protection from the government.

Institute of Temporary Ruling in Administrative Court Proceedings, Practice of Common Courts and Comparative Legal Analysis with the Legislation of Other Countries

One of the fundamental goals of the legal state is the unwavering protection of basic human rights, among them, legal security and the guarantee of judicial protection of the rights. The preventive remedies of protection of a person’s Right in administrative court proceedings, as well as in generally Administrative Law, it is to give a special importance as the result of which the legal relationship arising between the physical person and administrative body based on Administrative Legislation is regulated and in turn, it is a guarantee of the protection of the plaintiff’s right for the implementation of an effective justice in the future. The problem of Delayed justice, which has a negative impact in economic, political and social perspective, an ‘’immediate react’’ need to be found in response.[1] The first part of article 31 of the Constitution of Georgia provides a person with the right to apply to the court for the protection of his rights, as well as the right for the fair and timely adjudication of the case. [2] The present paper examines the peculiarities of one of the measures of preventive protection of the right – The Institution of Temporary Ruling and the prerequisites for its use by the common court, as well as the current legal reality in terms of judicial practice. The paper also presents the research of the Institute of Temporary Ruling from a comparative legal point of view on the examples of Germany, France, Estonia and the United States of America. The paper analyzes mechanisms of legislative regulation in above mentioned countries and the approaches established in the theory regarding the Institution of Temporary Ruling. [1] Sierra de la S., Provisional Court Protection in Administrative Disputes in Europe: The Constitutional Status of Interim Measures Deriving from The Right to Effective Court Protection. A Comparative Approach, European Law Journal, [Vol 10]1, 2004, 42. [2] The first part of article 31 of the Constitution of Georgia, The Legislative Herald of Georgia, 24.08.1995, (in Georgian).

Визначення критичної швидкості пробиття мішеней зі сплавів алюмінію та магнію

The motion of a non-deformable kinetic projectile of cylindrical shape in a continuous homogeneous semi-infinite medium is considered based on the well-known Alekseevsky-Tate model. As a result of solving the differential equation of motion of the impactor, the dependence of its speed on the penetration depth was obtained. The boundary conditions are: before penetrating the target, the speed of the impactor is equal to the critical penetration speed, and after penetrating the thickness of the target, the speed of the impactor is equal to zero. A simple formula for calculating the critical velocity of target penetration Vcr is obtained based on this dependence. This formula does not contain empirical coefficients. Therefore, the calculation of Vcr requires a minimum of information about both the material of the projectile and the target. An improved equation for calculating the resistance of the target material is also proposed. For targets from aluminum and magnesium alloys, critical penetration rates depending on their thickness were theoretically calculated and penetration curves were plotted. Also, the critical penetration velocity for targets from these alloys was determined experimentally during ballistic tests the results of the authors' own research and taken from the literature. A good agreement between the experimental data and theoretical calculations of the critical penetration velocity is observed, with the calculation error not exceeding 4%. With regard to the assessment of the critical thickness of the target, the maximum error will be about 5%, the average – 2,5%. It is assumed that in order to provide the reliable guaranteed protection against a known projectile, it is necessary to overestimate by 4% the calculated value of the critical penetration velocity while designing the protective element. Keywords: equation of motion, impactor, target, critical velocity, aluminum alloys, magnesium alloys.

Effectiveness of Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence in Cases of Gender-Based Violence

Gender-based violence is a social phenomenon that has existed since ancient times and has become increasingly prevalent lately. In fact, gender-based violence is increasing, both in terms of number, form and modus operandi which are increasingly diverse. The Law on the Crime of Sexual Violence is considered to still require more nuances in the definition and details of sexual violence, does not provide a guarantee of safety and protection for victims and also does not fully consider an adequate gender perspective. The research method uses a descriptive normative legal research type, and the data is analyzed qualitatively. Drawing conclusions uses deductive logic. The purpose of the study is to describe the effectiveness of the Law on the Crime of Sexual Violence against cases of gender-based violence. The results of the study indicate that the existence of the Law on the Crime of Sexual Violence is still not fully effective because it is seen from the increasing cases of gender-based violence every year. It is recommended that there needs to be a strong commitment from law enforcement to consistently apply the rules of the Law on the Crime of Sexual Violence to support the effectiveness of the Law on the Crime of Sexual Violence.

Historical development of criminal liability for violation of the inviolability of the home

The paper examines the historical development of criminal liability for violation of the inviolability of housing and distinguishes three periods of its historical development: I. Origins of criminal liability for violation of the inviolability of housing (X century – t he first alf of the XIX century.), Which are characterized by non-separation of criminal liability among other types of legal liability, fragmentary or property of a person, and not a violation of his right to privacy, reflected in the rules of law of the caste nature of society; ІІ. Establishment of criminal-legal protection of the inviolability of the home (second half of the XIX – first half of the XX century), characterized by two successive trends, in particular, the introduction of criminal-legal protection of privacy, including the inviolability of housing, in Russian and Austro-Hungarian empires, II Rzeczpospolita, which included Ukrainian territories, and, conversely, its absence in the criminal law of the USSR, as the Criminal Code of the Ukrainian Soviet Socialist Republic of 1922 and the Criminal Code of the Ukrainian Soviet Socialist Republic of 1927 did not provide rules on liability for violations; III. Establishment of criminal liability for violation of the inviolability of housing (second half of the XX - present), which is characterized by enshrining relevant provisions in the Criminal Code of the Ukrainian Soviet Socialist Republic of 1960 and the Criminal Code of Ukraine in 2001, and the right to inviolability of housing is a constitutionally recognized human right introduction into the criminal law norm of violation of the inviolability of housing of such a form of the objective party as illegal inspection and search, which is an additional guarantee of protection of the rights of the individual in criminal. It is proposed to consider the provision of criminal liability for violation of the inviolability of housing from the point of view of recognition and protection of this right.

Urgensi Perlindungan Hak dan Implementasi Pemberian Restitusi bagi Anak Korban Pelecehan Seksual

Cases of child sexual abuse have become a serious concern in various countries, including Indonesia. Children, as a vulnerable group, often become victims of sexual crimes, and the impact is not only on the physical aspect but also on their psychological well-being and overall development. Sexual abuse experienced by children can cause long-lasting trauma and affect their quality of life in the future. This research uses the normative legal research method, which relies on the study of library materials. Normative legal research is a type of research conducted through the examination of secondary data or library materials. Cases of child sexual abuse are one of the serious issues that need special attention within the legal system in Indonesia. Children, as a vulnerable group, often become victims of this crime, which not only leaves physical impacts but also deep and long-lasting psychological trauma. The urgency of this protection is not separate from the significant challenges faced in the Indonesian legal system, which still needs to be improved in providing guarantees of protection for child victims of sexual abuse.

Legal Politics of Witness Protection Guarantee for Reporter of Election Criminal Violations as an Effort to Enforce Indonesian Election Laws

Legal Politics of Witness Protection Guarantee for Reporter of Election Criminal Violations as an Effort to Enforce Indonesian Election Laws

On the Issue of Development of the Constitutional Right to Judicial Protection

The right to judicial protection in Russia in its entirety was enshrined only in the 1993 Constitution. The constitutional consolidation of judicial protection of rights and freedoms marked a new stage in the constitutional development of our country, a departure from the long-prevailing tradition of the priority of the state over the individual. It seems important to trace the evolution of the constitutional design of the right to judicial protection in the Russian Federation and foreign countries. Of significant interest is the analysis of draft constitutions proposed by various authors and groups of public and scientific figures during the constitutional process of 1990–1993. In Russian constitutional law, undeservedly little attention is paid to the history of the creation of the Russian Constitution and the search for the origins and reasons for the emergence and consolidation of individual institutions at the constitutional level. The article, based on an analysis of the constitutional texts of foreign constitutions and acts of constitutional legislation, drafts of the Constitution of the Russian Federation and materials of the Constitutional Commission and the Constitutional Conference, makes a conclusion about the consolidation of judicial protection of rights and freedoms as an integral attribute of the rule of law. Despite the long history of establishing judicial protection in individual countries, in Russia this right was fully consolidated much later. The constitutional formulations of the current Constitution reflect almost all the substantive characteristics of this right inherent in democratic constitutions of the modern generation. Certain aspects of the law are interpreted by the Constitutional Court of Russia. At the same time, the Constitution reflects the aspirations of the participants in the constitutional process of the 90s to consolidate effective guarantees of judicial protection of the rights and freedoms of man and citizen, primarily from the arbitrariness of state bodies and officials.

Protection Guarantees of War-prisoners’ Rights and the Liability for the Violation thereof in Islamic Fiqh and International Law – A Comparative Study

Protection Guarantees of War-prisoners’ Rights and the Liability for the Violation thereof in Islamic Fiqh and International Law – A Comparative Study

Urgensi Perlindungan Hak dan Implementasi Pemberian Restitusi bagi Anak Korban Pelecehan Seksual

Cases of child sexual abuse have become a serious concern in various countries, including Indonesia. Children, as a vulnerable group, often become victims of sexual crimes, and the impact is not only on the physical aspect but also on their psychological well-being and overall development. Sexual abuse experienced by children can cause long-lasting trauma and affect their quality of life in the future. This research uses the normative legal research method, which relies on the study of library materials. Normative legal research is a type of research conducted through the examination of secondary data or library materials. Cases of child sexual abuse are one of the serious issues that need special attention within the legal system in Indonesia. Children, as a vulnerable group, often become victims of this crime, which not only leaves physical impacts but also deep and long-lasting psychological trauma. The urgency of this protection is not separate from the significant challenges faced in the Indonesian legal system, which still needs to be improved in providing guarantees of protection for child victims of sexual abuse.

A two-pronged approach: utilising sports governing bodies’ statutes and equal treatment legislation to achieve equality of treatment in women’s football

Women’s football is currently growing at an exponential rate in terms of participation, viewing, engagement and commercialisation. More people than ever before are involved in women’s football, whether it be from watching, to buying merchandise or investing. However, in spite of this growth, female athletes are consistently subjected to subpar treatment when compared with that of their male counterparts. This inequality includes adequate pre-tournament and match preparation, access to medical treatment and appropriate research, professional training facilities, broadcasting and refereeing standard and professional coaching staff. Thus, this lack of equality is not confined to one area and includes all aspects of professional sport. In order to achieve parity in terms of treatment, female athletes can employ a two-pronged approach. The first is to utilise the regulatory frameworks of FIFA and the International Olympic Committee which guarantee protection and respect for human rights, as well as protection from discrimination on the basis of gender. By evoking the dispute resolution mechanisms of the governing bodies and indeed the Court of Arbitration for Sport, athletes can seek remedy for these inequalities by virtue of the fact FIFA are breaching their own statutes. Should this approach not provide appropriate redress, athletes can employ a strictly legal method by relying on domestic equal treatment legislation, whether in the EU or beyond, in order to achieve equal treatment in employment by virtue of a reliance on domestic laws and legal systems.

Guarantees of Protection of Animals and Birds in Criminal Law: A Case Study of Georgia

Guarantees of Protection of Animals and Birds in Criminal Law: A Case Study of Georgia

Perspective of Law Enforcement Officials with the Emergence of the “No Viral, No Justice” Phenomenon

The “no viral no justice” phenomenon in a social media-active society implies that justice is only obtained if a case or legal event goes viral first. Law enforcement should not depend on how much public attention is given to the case. This phenomenon arises because of the assumption that viral cases are handled more quickly than cases that are reported normally. The research method used is the normative juridical method with data collection techniques in the form of literature and literature studies. Data analysis is done descriptively and qualitatively. One of the main factors that slow down the handling of cases by law enforcement officials in Indonesia is their low quality, which has an impact on the lack of professionalism and moral ethics. Therefore, the “no viral no justice” phenomenon actually plays an important role in overseeing the professionalism of law enforcement agencies. However, from a telecommunications perspective, this phenomenon does not provide a guarantee of legal protection against the dissemination of personal information or a person's disgrace from an unclear source, which may violate Law No. 36/1999 on Telecommunications.

Kepastian Hukum bagi Foregin Direct Investment (FDI) dalam Skema Kerjasama Pemerintah dengan Badan Usaha (KPBU) di Ibu Kota Nusantara (IKN)

The arrival of foreign investors in the development of the IKN must be followed by legal protection for foreign investors because it is very important to attract and retain investors who come. Legal protection provided to foreign investors consists of guarantees of legal certainty, guarantees of protection for foreign investors against non-commercial risks, guarantees of equal treatment for all investors and guarantees against nationalization and other takeover actions. The purpose of this study is to provide legal certainty for Foreign Direct Investment (FDI) in the government cooperation scheme with KPBU in the IKN. In conducting this research, the author uses a normative legal research method and is descriptive analytical in nature. The legal sources that form the basis of the KPBU scheme are regulated in Law No. 25 of 2007 concerning Investment, and Presidential Regulation No. 38 of 2015 which regulates KPBU in the provision of infrastructure. In addition, the government also provides support in the form of guarantees for investors, which aims to minimize the risks faced by the Implementing Business Entity (BUP) in infrastructure projects in the IKN. Projects such as Palapa Ring and SPAM Umbulan are real examples of the success of the KPBU scheme in the context of national infrastructure.