Jordanian Legislator Research Articles

Social Media Rumors in Time of Corona Pandemic, Why & How is Criminalized? (Comparative Study)

No one in the world does not know what Corona is as a global pandemic, which the Secretary-General of the WHO has declared as ‘the enemy of humanity’. Yes, it is the enemy of humanity; the whole humans rose up to prevent it through several aspects. We are – as lawmen – responsible for the legal sides.
 All of us have become so miserable that many sciences are terrified of rumors and false news. The real news leaves pain in the souls, so what about that are false, whether it was broadcast or transmitted with intent or unintentionally
 The main objective of this article is to examine the Jordanian legislator attitude in regard of social media rumors during Corona pandemic (COVID19), in comparative to the Chinese legislator. The study shows that the opportunity to punish rumors at the time of the pandemic may be unavailable or weak and not coherent in Jordanian laws in comparison with other legislations, especially in Chinese laws. The study will also show if rumors were included in relative International treaties. The
 In respect to the methodology of this article, the author followed the descriptive and analytical approaches of the related Jordanian Penal laws in comparative with the Chinese Regulations in cybercrimes, by explaining the extent to which rumor crimes is punished in Jordan according to legal methods of analysis in comparative to the Chinese legal attitude.

The Extent of the Arbitrator's Immunity from Civil Liability Compared to the Judge's Immunity (Comparative Study)

This study aims at the legal dimensions of the legislative deficiency of the arbitrator's immunity from civil liability in the Jordanian Arbitration Law, which the legislator granted to the judge.
 The researchers reached the need to amend the provisions of the Jordanian Arbitration Law to grant immunity to the arbitrator, especially since the work is similar to that of a judge.
 The judicial immunity of the arbitrator is civil liability in comparison with the immunity of the judge
 Jordanian and Egyptian lawmakers have imposed restrictions on the civil (commercial) arbitrator's responsibility for the mistakes he makes while performing his arbitral mission, This is to encourage arbitration, compared to the position of the arbitrator over the judge's function, hence granting the Jordanian legislator and the Egyptian legislator and the judgments of the commercial arbitrator judicial immunity similar to that enjoyed by the judge but much less than the immunity of the judge.
 We therefore consider it appropriate to examine the arbitrator's immunity, beginning with a shedding light on the judges' immunity from civil responsibility, given the similarity in the task entrusted to both the judge and the arbitrator, which is to resolve disputes by a legally binding and enforceable judgment. 
 This requires us to present the principle of judicial immunity from civil liability, and the reasons that support and oppose such immunity, in order to determine the judicial immunity of arbitrators of civil liability. 

Constitutional and Legal Development of the Freedom of Public Meetings in Jordan

Freedom of meetings, like other public freedoms, requires a democratic climate and an advanced cultural and economic level in order to achieve the desired results and prevent the public authorities from attacking them. Based on the awareness of the Jordanian State of the importance of freedom of meetings in achieving democratic rule, and communicating the opinions and demands of citizens to the public authorities in the State. In Jordan’s successive constitutions, it ensured the assertion of this freedom as a Constitutional right guaranteed to Jordanians. It also referred the organization of its exercise to its regular laws. In response to that, the Jordanian legislator issued a number of successive public meeting laws that imposed restrictions on freedom of meetings on the one hand, and clarified the procedures for exercising and organizing them, on the other hand. Keywords: Constitution, laws, public meetings, freedom, Constitutional development DOI: 10.7176/JLPG/100-03 Publication date: August 31 st 2020

The Judicial Control Enforced over the Formation of the Arbitration Body in Pursuant to the Jordanian Arbitration Law

Nowadays, arbitration has been receiving much attention. Such attention can be manifested through enacting national legislations and international agreements to regulate it. Such legislations and agreements address the way of choosing arbitrators and the conditions of obtaining membership in the arbitration body. The judicial control is enforced on the arbitration process, because the judiciary is considered the one that has jurisdiction over the settlement of disputes. Such control is enforced to ensure that the arbitral awards are unbiased and impartial. It’s enforced to reach a sound arbitral award that is free from faults. It’s enforced to ensure that nothing shall affect the formation of the arbitration body and its arbitral award.
 
 The present study aimed to explore the extent of control enforced by judiciary on the appointment and dismissal of arbitrators and the consideration of the assignment of arbitrators as void. It aimed to identify the extent and limits of this control. Thus, it aimed to identify the way in which the Jordanian legislator regulated these matters. The researchers of the present study adopted an analytical approach to analyze the legislative texts listed in the Jordanian arbitration act and the comparative acts. They also analyzed the relevant judgments issued by the Jordanian court of cassation.

The Role of Media in Raising Awareness of the Right of Persons with Disabilities in Jordanian Legislation

This study aimed at demonstrating the role of the media in raising awareness of the rights of persons with disabilities stipulated in Jordanian legislation, and to identify the areas and nature of these rights; to educate members of society, and to raise the level of public awareness of these rights. As the media has an impact on changing perceptions and ideas about disability and creating a sound mental image rather than the sympathy and compassion view towards the disabled persons. The legislations have guaranteed their rights in clear legislative texts to be achieved by the public and private bodies where the disabled work and for the aim of integrating disabled people in the society. And that is by answering the following questions: What is the nature of the rights of the persons with disability that Jordanian legislation guarantees? What is the role of the media in raising awareness of the rights of persons with disabilities mentioned in Jordanian legislation? To answer the study's questions, the researcher used the descriptive analytical method, for examining the contents of the legislative texts of the disabled people, it was analyzed logically linguistically. The rights of the persons with disability were represented in the areas of social life and institutional care; higher education; vocational training; health care; customs exemptions, tax and environmental facilities; rights of the disabled in public and political life; sports, culture and recreation. In addition to their rights to litigate. The study also addresses the role of the media in raising awareness of the rights of persons with disabilities in a way that enhances the process of integrating them into society. The study concluded some recommendations including encouraging scientific research in the disability field, giving it a special priority, and the necessity of holding scientific conferences and seminars that study issues of the persons with disability and their rights within society. Keywords : Persons with disability, legislation, Media, Persons with disability rights. DOI: 10.7176/JEP/11-14-15 Publication date: May 31 st 2020

The concept and scope of restorative justice for juveniles According to the Islamic and Jordanian Legislations

The adoption of the restorative justice approach is more appropriate for the children in conflict with the law and more sensitive to achieving their best interests and rehabilitating them to facilitate their reintegration into society again ( socializing ), and to play a constructive role in the society, and not to return to violating the law again, unlike the traditional policy in the criminal justice, which did not give the sufficient weight to the personal and objective circumstances of the child , and it focused on the punishment and criminalization for every wrongful act without looking at restorative alternatives to the convicted child . The restorative justice, therefore, is an alternative approach to the ordinary criminal procedure in certain cases. The judicial system is not the only procedure that must address the phenomenon of children in conflict with the law in all cases. In certain cases, it is better to conduct a dialogue and mediation between the perpetrators and the victims, with the aim of reaching to repair the harm and to rehabilitate the perpetrators (children) according to the measures outside the judicial system. This is what Islamic Shari’a called fourteen centuries ago. The Shari’a (Islamic Law) defined the criminal reconciliation and approved it as one of the most serious types of crimes against the self by the adult, as it has indicated. According to the Shari’a, the juvenile, whether he is cognizant or not of, is not criminally responsible for the violations he commits nor a case will be filed against him and no penal action will be taken against him.

The Role of Means of Modern Technology in the Criminal Procedures in Jordan with a Special Focus on Electronic Trial

In recent times, the legal field has not been exempted from the benefits of technology which has surged significantly. Countries have tended to benefit from using the means of modern technology in the legal field. It is noteworthy that the notion of regulating the use of means of modern technology in the criminal procedures in Jordan is relatively new despite its importance. The recent outbreak of coronavirus (Covid-19) has brought about a shift in the way justice can still be carried out, by way of remote court appearances in order to observe social distancing rules. Consequently, the use of means of modern technology in criminal procedures especially conducting electronic trial could be illustrated as an effective alternative under the current situation. This article aims to examine the extent the Jordanian legislations welcome the use of means of modern technology in criminal procedures. The advantages of using the means of modern technology in the Jordanian criminal justice system will also be examined. A combination of various approaches is used for the purposes of this research. This includes a critical analysis approach by analysing the current primary and secondary available sources related to the use of means of modern technology in the criminal procedures in Jordan. The critical analysis approach is also used to identify how the Jordanian legislations have dealt with the use of means of modern technology in the criminal procedures especially the Jordanian Regulation of the Use of Means of Modern Technology in Criminal Procedures. A comparative approach is utilised to compare traditional criminal procedures with criminal procedures that use the means of modern technology. A descriptive approach is engaged to describe the laws and practices in Jordan with regards to the use of means of modern technology. This article concludes that Jordan has made significant efforts to facilitate the use of means of modern technology in criminal procedures. This could be represented by enacting the Jordanian Regulation of the Use of Means of Modern Technology in Criminal Procedures. This article also concludes that the advantages of the use of means of modern technology in the criminal procedures supersede their disadvantages. Keywords: The means of modern technology, Electronic trial, Criminal justice system. DOI: 10.7176/JLPG/96-13 Publication date: April 30 th 2020

Criminal Protection of the Environment in Jordanian Legislation

Having a clean and pollution-free environment is one of the most important rights of humans. Such a right has been recognized by national and international covenants, so laws have been devoted to protecting them and preventing infringement of their components and elements, because of the importance they constitute at the level of human life.
 As a result of the increasing assault on the environment and the gravity of the infringement of its elements, the legislator intervened in all countries (including the Jordanian legislator), to lay down the rules regulating the protection thereof and punishing the perpetrators of environmental crimes through deterrent measures and appropriate penalties.
 Therefore, this research will shed light on the criminal provisions decided by the Jordanian legislator in the Environmental Protection Law No. 6 of 2017, especially in terms of the penalties decided by the legislator on the perpetrators of environmental crimes, with the aim of embodying the criminal and legal protection of the environment.
 As the aim of this article is to clarify and clarify the position of the Jordanian legislator regarding the penal protection of the environment, we have used the descriptive and analytical approach to reach the results.
 The article concluded that the Environmental Protection Law stipulated several crimes to protect the environment in its various forms, but the legislator did not put in place precautionary measures prior to the occurrence of the crime, and on the other hand, the provisions laid down by the legislator are still scattered and need a general rooting for all environmental crimes.

The Meaning and Declaration of Commercial and Civil Insolvency under the Provisions of the Jordanian Insolvency Law No. 21 of 2018

The present study aimed to shed a light on commercial and civil insolvency under the provisions of the Jordanian insolvency law No. 21 of 2018. It aimed to explore the meaning and procedures of insolvency under the latter law. Under the latter law, the commercial insolvency is governed by the provisions of the insolvent debtor. Under the latter law, there are two types only of insolvency; imminent and actual insolvency. Under the latter law, the ones entitled to lodge an insolvency petition are: the creditor, debtor and the officer acting on behalf of the companies control department. Contrary to that, under the repealed provisions of the Jordanian commercial law, the ones entitled to lodge a bankruptcy petition are: the creditor, debtor, the court, and the public prosecution department. Several recommendations are suggested. For instance, the researcher recommends adjusting the criteria adopted by the Jordanian legislator for identifying the ones considered insolvent debtors to include more categories. Such criteria must include greater categories, such as: banks and insurance companies. He also recommends adjusting the latter criteria in order to exclude the ones who do not meet such criteria. He recommends authorizing the court to declare the insolvent debtor by itself as officially insolvent. He believes that such a power mustn’t be limited to debtors, creditors and the officer acting on behalf of the companies control department only. He recommends granting the power of lodging an insolvency petition to the court and the public prosecution department.

Aspects of legal protection of Jordanian Domain Names (.jo)

تهدف هذه الدراسة الى تحليل مدى الحماية القانونية الممنوحة لأسماء نطاقات الانترنت الوطنية (jo.) في التشريعات الأردنية، في ظل عدم وجود إطار تشريعي متخصص يتناول مفهوم هذه النطاقات وشروط تسجيلها الموضوعية والشكلية. وتتناول هذه الدراسة إشكاليتين، أولهما: خلو قانون المعاملات الإلكترونية الأردني من أي تنظيم قانوني لهذه النطاقات، وثانيهما: أن سياسة تسجيل أسماء النطاقات الوطنية (jo.) ترتكز على الجوانب التقنية والفنية ولا تخوض في ماهية النطاقات وحقوق مسجليها. وتتوصل هذه الدراسة الى ضرورة إصدار تعليمات متخصصة تتناول مفهوم النطاقات وشروطها، بالاستناد الى قانون توظيف موارد تكنولوجيا المعلومات في المؤسسات الحكومية، كما وتوصي بضرورة إحالة المنازعات المتعلقة بالنطاقات الى القواعد الموحدة لتسوية منازعات أسماء نطاقات الانترنت (UDRP). الكلمات الدالة :- أسماء النطاقات، العلامات التجارية، الأسماء التجارية، المؤشر الجغرافي، حقوق المؤلف، المنافسة غير المشروعة

Legal Aid in the Criminal Matters in Jordan

The idea of legal aid has emerged from fundamental rights associated with litigation such as the right to access justice, the right to fair trial, the right to defence, and the right to equality. The notion of regulating legal aid is relatively new in Jordan despite its significance. This paper examines the regulation of legal aid in Jordan through describing and analysing the existing literature concerning legal aid and defining the law as well as examining how it applies to legal aid. It is noteworthy that there has been a rise in the demand for legal aid and Jordan has taken certain steps towards establishing a holistic approach to provide the necessary legal aid. This paper concludes that legal aid should be treated as a fundamental right rather than a grant given by the government to people. Keywords: Legal aid, Access to justice, Jordanian legislation DOI : 10.7176/JLPG/93-08 Publication date: January 31 st 2020

Legal nature of the challenge to admissibility of the action for the annulment of the administrative decision “A comparative study”

This study aims at defining the challenge to the admissibility of the action for the annulment of the administrative decision through reviewing the juristic opinions in this concern as well as the judgments of courts concerning the same. This study also shows the legal basis of this challenge and the legal nature thereof, upon which the juristic opinions have been diversified in order to identify the most accepted opinion. This study also aims to clarify the mechanism of the administrative control over this challenge by analyzing and clarifying the judgments said by the judiciary in the countries under comparison, without access to the rules of this challenge and the legal effects of the judgment therewith. One of the most important recommendations of the study was the necessity of having a judgment related to the challenge to the admissibility of the action for annulment and considering it public order, and this challenge shall be initiated at any stage of the case, in addition to the court may also initiate it ex officio. The study also does recommend that the Jordanian legislator shall adopt a specific theory concerning challenges, which shall have a place in the Jordanian Code of Civil Procedure in a manner that is keen to indicate the nature and provisions and the differences between them. Keywords: Challenges, action for annulment, pleas in abatement, pleas in bar DOI : 10.7176/JLPG/91-17 Publication date : November 30th 2019

Combating the Crime of Money Laundering in Light of Banking Secrecy Acts and Their Impact on Legal Liability , A Comparative Study

One of the most serious contemporary challenges that appear as a result of mmodern technology is money laundering which is practiced through banking operations governed by banking secrecy Acts.This research aims to determine the scope of legal exceptions to combat money laundering that allow banks to disclose and provide public authorities with information and data in specific cases attaining interest of the state and society.These exceptions do not diminish the importance of bank secrecy, but they identify common interests in accordance with the interests of banks, clients and the public interest.This research has reached some results ,the most important of which is that bank secrecy is compatible with combating the crime of money laundering and the secrecy of banking if we consider that the basis is the secrecy of banking and exception is the withdrawal of this secrecy. Keywords: Combating money laundering, bank secrecy, legal liability, Jordanian legislation, obligation to disclose information, comparative legislation. DOI : 10.7176/JLPG/91-03 Publication date: November 30 th 2019

A spotlight of amendments in the Jordanian Arbitration Law in 2018: إضاءات على أهم التعديلات التي طرأت على قانون التحكيم الأردني 2018

Jordan has witnessed rapid development in its trade relations after its accession to the World Trade Organization and the signing of many agreements accompanied by rapid economic development. This led to the amendment of the Arbitration Act in 2001. The amended law introduces new and anticipated changes to the procedural framework for arbitration in Jordan, many of which can be traced to the UNCITRAL Model Law as amended in 2006. The old law was amended in 2001, prior to the recent amendment to the UNCITRAL Model Law. In addition, the amended law provides for much-needed clarity on some of the ambiguities of the former regime. The new law is based on the 2006 UNCITRAL Model Law and is therefore considered to be the closest to the Model Law, although it contains some amendments to its provisions, in order to comply with Jordanian legislation. we intended to address the entire law. However, since it is impossible to cover this accurately ("Amended Law"). Because of the limited space, we have to write, we will, therefore, cover the main points and compare them with the Model Law. The amended law shall enter into force thirty (30) days after its publication in Official Gazette No. 5513/2018 dated 2 May 2018. The amended law shall apply to arbitration in Jordan, as well as arbitration agreed by the parties to subject such arbitration proceedings to the amended law. On the nature of the legal relationship that arouses the dispute. Explanation of the substantive amendments that have been made including the scope of application of the new law and the added definitions and interpretations 'Procedures for the formation of the arbitral tribunal' Notification of the parties to the dispute 'Arbitration agreement' Challenges of the arbitrators and their isolation 'Representation of the parties' Articles 51 and 52 and the amendment to the Constitutional Court's decision to distinguish Sadr's decision from the Court of Appeal as a competent court in the previous law. : ، ،

Position of the Jordanian Legislation and Jordanian Judiciary from the Moral Offender Compared To the Egyptian Legislation

This study aimed to know the position of the Jordanian legislation and the Jordanian judiciary, and he Egyptian legislation from the moral offender and the resulting consequences on that. This study is important since it is in accordance with the legal logic which assign the crime to its real doer, and to identify the responsibility of the moral actor as a whole, since we cannot consider him as a physical doer, since the legal logic and justice reject to use this mind for non penal responsibility person. The descriptive, analytical and comparative methods have been used. The study included a number of topic related to the moral offender. The study reached a set of results. The most important is that for the moral offender feature to be available in the criminal he should make positive activity and precise role in executing the crime, and the moral offender bears result of the crime as if he is the original offender. The study recommended a number of recommendations. The most prominent that the Jordanian legislator to set special text regarding the moral offender of the crime on solve he issue and to avoid the conflict.

The Position of the Jordanian Legislator on the Cancellation of the Administrative Decision for the Lack of Jurisdiction Defect

This study aims at highlighting the position of the Jordanian legislator on the cancellation of the administrative decision for the lack of jurisdiction defect. It identifies the concept of lack of jurisdiction defect in the administrative decision and trying to explain and analyze the subject matter of the study including the legal articles and judicial rulings. It is necessary to respect the principle of legality in the activity of any member of the administrative authority through the direct powers assigned, and not to exceed the rules of distribution of jurisdiction or violating it. hence there must be a person who conducts legal acts and expresses their will in its name, and the administrative judiciary is the competent authority to control the jurisdiction in the administrative decision as the pyramid of Judiciary in Jordan. Keywords : Jordanian legislator, Administrative decision, Jurisdiction defect, Jordan DOI : 10.7176/JLPG/90-11 Publication date :October 31 st 2019

Advocating the Unconstitutionality of Laws and Regulations Before the Regular Judiciary

It should be noted that this study will deal with research and analysis is one of the most important legal issues is to push the unconstitutionality of laws and regulations before the regular judiciary as this study aims to determine the concept of pushing unconstitutional and procedures and controls to exercise this right to pay.Legislation varied between countries in regulating the methods of judicial control over the constitutionality of laws and regulations, where part of the legislation went to limit this control through the original case, which may be exercised either by specific authorities in the state only or by allowing individuals to bring this case directly before the court In addition to the original lawsuit, the lawsuit was taken by one of the litigants in connection with a case before the Court of First Instance, while others turned to a direct approach to censorship of unconstitutionality either by addressing the Constitutional Court with suspicion. L Direct exercise of this control or direct response by the court of first instance.The Jordanian legislator, through the constitutional amendment and after the establishment of a constitutional court competent to control the constitutionality of laws and regulations under the law of the Constitutional Court, has specified ways to initiate the constitutional lawsuit, which is either through the original lawsuit and initiated by specific authorities in the state without allowing individuals to initiate, or be through payment By one of the litigants in connection with a lawsuit either the judiciary. Keywords: payment, constitutionality of laws, regulations, regular judiciary. DOI : 10.7176/JLPG/90-09 Publication date :October 31 st 2019

Legislation on Consumer Protection against Misleading Advertisement: A Comparative Studies between Jordanian Legislation and Malaysia Consumer Protection Law 1999

A misleading advertisement is the one, which does not provide true information about the product. It may comprise of one or more than one aspect which mislead the consumer’s such as deceptive price, wrong information, overstatement, etc. Therefore, it is must to set up regulation for this activity to protect consumers. The objectives this paper is to examine provisions legal available in Jordan such civil law 1976 in Jordan and the Jordanian Draft Law 2013 of consumer protection to control protect the consumer from misleading advertisements issue in Jordan. This paper will compare between the legal provision of Jordan and the Malaysian consumer protection legislations specifically in Consumer Protection Law 1999. In both countries, this comparative study will reveal the inadequacy or adequacy on the protection afforded to consumers on misleading advertising. According to the comparative study, the paper attempted benefit from the Consumer Protection Law 1999 of Malaysia concerning the protection of consumers against misleading advertising in order to provide guidance to Jordan in setting out legal for consumer against misleading advertisement to provide cover in issues such as information on advertisement as require under law, price, duty of advertiser, enforcement, punishment, and remedies.

Chastisement Between Islamic Sharia and the Jordanian Penal Code

This study addresses chastisement between Islamic Sharia and the Jordanian Penal Code. The Islamic Sharia recognizes the right of chastising children and the wife within legitimacy controls and restrictions. Under Penal Article 62, the Jordanian legislator provides for chastisement where it is considered as one of justification grounds that implies excluding the act from offence and becomes in the context of legitimacy. Our legislation is based on Islamic Sharia, which is a source of the Jordanian Legal System. In order to fulfil the desired goals of the study, it is necessary to start by identifying the Islamic Sharia position on chastising children and identifying the gradual means for chastising children as well as identifying controls and restrictions. Then we explain the right of chastising children in the Penal Code and its legal conditions to justify chastisement as we identify the position of Jordanian Judiciary on this issue. The study has tackled the chastisement of the wife in Islam and the Penal Code and its restrictions. We have concluded in this study that chastisement in Islamic Sharia and Jordanian Penal Code is restricted by the one who has the right to chastise persons subjected to it, chastisement meaning, and its purposes. Keywords: Chastisement, Justification Ground, Trustee, Desertion. DOI : 10.7176/JLPG/89-20 Publication date :September 30 th 2019

التدخل في الإشتراك الجرمي والمسؤولية الجزائية

التدخل هو نوع من الاشتراك الجرمي بمعناه الموسع وهو اشتراك تبعي أو مساهمة تبعية ويدخل في هذا النوع من الاشتنراك أو المساهمة أفعال الذين يساعدون الفاعل الأصلي في الأعمال المجهزة لوقوع الجريمة أو المسهلة أو المتممة لارتكابها. كما يدخل فيه أيضا المساعدة التي تقدم للفاعلين أو المتدخلين الواقعة بعد ارتكاب الجريمة وبناء على اتفاق مسبق معهم سواء كانت المساعدة تتعلق بالاشخاص أو الاموال من حيث إخفاء الاشياء المتحصلة من الجرم أو إخفاء شخص أو أكثر من الذين اشتركوا في الجرم. وكذلك يدخل فيه حالة الشخص الذي يقدم الطعام والمأوى لقطاع الطرق والمتجاسرين على الإخلال بأمن الدولة والسلامة العامة وهو على علم بأمرهم، فالتدخل المقصود في هذا المقام هو التدخل بالاتفاق والتدخل بالمساعدة. ويلاحظ أن المشرع الاردني لم يحدد المقصود من المتدخل كما فعلت العديد من التشريعات، وإنما حدد الاوضاع التي تعتبر حالات للتدخل على سبيل الحصر وليس على سبيل المثال ، ولا بد من وجود حالة منها حتى يعد السلوك سوك متدخل.