Legal Principles Research Articles

Legality Of IDK Stablecoin In Legal Perspective In Indonesia

Stablecoins have emerged as an innovation in the cryptocurrency ecosystem, offering the desired stability of value while maintaining the decentralized characteristics of blockchain technology. One such example is the stablecoin IDK, which claims to provide stable value and wide usage in Indonesia. However, the development of these stablecoins raises important questions about their legality within the Indonesian legal framework. This article aims to analyze the legality of the IDK stablecoin from an Indonesian legal perspective, focusing on regulatory aspects, legal validity, consumer protection and its potential impact on the country's monetary and financial system. This research uses a normative legal analysis method by referring to relevant legislation, the views of financial authorities, and existing legal principles. First, this article will examine the existing regulatory framework in Indonesia regarding cryptocurrencies and digital assets, and its relevance to the IDK stablecoin. Second, we will discuss the legal validity of the IDK stablecoin from a contractual and currency perspective, as well as whether this is in accordance with applicable legal principles. Finally, this article will analyze the potential impact of the use of the IDK stablecoin on the Indonesian monetary and financial system, including implications for monetary policy, financial stability and consumer protection. The results of this study are expected to provide a deeper understanding of whether the IDK stablecoin complies with Indonesian law. The implications of this analysis can provide guidance for regulators, industry players and other related parties in dealing with legal issues that arise along with the development of financial technology. As such, this article can become a foundation for further discussion on stablecoin regulation in the context of Indonesian law.

Ethical and legal aspects of end of life in dialysispatients: an Italian point of view.

In the Western world, thanks to continuous progress in the medical field, and to changes in society,the concept of death seems to be increasingly replaced by that of "keeping alive at all costs". Thus also dialysis, a life-sustainingtreatment for patients suffering from kidney failure, in some cases can no longer be seen as a treatment aimed at prolonging life, but as a treatmentto temporarily avert death. In fact, the literature highlights that dialysis is not always associated with greater lifeexpectancy and better quality of life for fragile patients with kidney failure. This point-of-viewpaperdiscusses legal and ethical principles of respect for patient autonomy (beneficence, non-maleficence, justice and professional integrity) inherent in the choice to suspend or tonot start dialysis treatment, while following apathway ofconservative and/or palliative therapy.

State and Fiqh: Examining the Legal Status of Divorce in Verstek Decision Number 2939/Pdt.G/2023/PA.Mdn

This research is grounded in Decision Number: 2939/Pdt.G/2023, wherein the presiding magistrate rendered a verdict of Verstek in his consideration of the case. In such cases, the decision is rendered by the court in the absence of either the defendant or their legal representative. The validity of a verstek verdict in the context of the legitimacy of a marriage may be contingent upon the applicable legislation within the jurisdiction in question; thus, this investigation will consider both positive law and Islamic law. The objective of this article is to undertake a critical analysis of the decision rendered in Decision Number: 2939/Pdt.G/2023, which pertains to the use of a verstek decision to terminate a marriage due to childlessness, followed by disputes and quarrels. This research is a normative legal study with a case-based approach. The principal data source is derived from court decisions in the field of marriage law. The analysis reveals that, in Decision Number: 2939/Pdt.G/2023, a verdict of divorce by verstek is considered valid if the stipulated procedures have been followed correctly and the party who is required to be present or provide a defence does not do so without a valid reason. Islamic law also establishes principles of justice and protection of individual rights, including in the marriage process. Accordingly, the legitimacy of a marriage concluded through a verstek verdict may be contingent upon the interpretation of Islamic schools of thought and the legal principles that are embraced. Likewise, in the context of marriage law in Indonesia, a verstek decision in a verstek divorce case can be recognized as valid if it has fulfilled the requirements stipulated in the law. Thus, to determine whether a verstek decision in a marriage is valid or not, it is necessary to consider the applicable legal context, both in terms of civil law and in terms of Islamic law (fiqh) or the applicable marriage law.

Administrative legal principles of human rights-based approach by the police

One of the priority tasks of reforming law enforcement agencies is to build a preventive mechanism based on the observance of human and civil rights and freedoms, protection of society from violence and discrimination, and creation of barrier-free space for people with limited mobility. The multidimensional nature and complexity of the issues requiring statutory regulation in these areas determine the relevance of the subject under study. The purpose of this study was to model the administrative legal mechanism of police activity in which human rights would be optimally and effectively implemented. To fulfil this purpose, the methodology used included a combination of comparative rule-making, system analysis, internal and external induction, constructive cognition and content analysis. It was found that the observance of human rights in police activities is inextricably linked to the implementation of the rule of law and the provision of protective police services. Numerous cases of violations revealed during journalistic investigations and widely discussed by the public have become one of the reasons for the rapid decline in public trust in state law enforcement institutions, and as a result, a substantial obstacle to Ukraine’s integration into the European space. The study analysed the key reasons affecting the effectiveness of administrative legal strategies for ensuring a human rights-based approach in the practical activities of the National Police bodies (units). Specifically, these include transition processes related to the harmonisation of national legislation with international and European standards, low level of material and social security of police officers, insufficient level of professionalism, influence of negative environment, narrow understanding of administrative legal activities in the field of human rights related to the prevention of administrative and criminal offences. The study concluded that the principles of the rule of law, respect for human rights and freedoms and partnership-based interaction with the public are crucial and interrelated in the preventive activities of police. The study outlined the key areas of improvement of national legislation in the field of development and/or optimisation of administrative legal systems for ensuring the functioning of organisational, technical, information, and economic resources as guarantees of the implementation of the declared constitutional rights and freedoms. The results of this study can be used to formulate and improve the norms of national legislation that regulate the activities of law enforcement agencies and determine the content of its guidelines

Key professional stakeholders roles in promoting older people's autonomy in residential care.

Older people's autonomy is an ethical and legal principle in everyday residential care, but there is a lack of clarity about the roles and responsibilities of the key professional stakeholder groups involved. This study aimed to identify and define the roles and responsibilities of the key professional stakeholder groups involved in promoting older people's autonomy in residential care settings. We used a Delphi method with two iterative rounds of online group discussions and collected data from experts in older people's care in Finland in summer 2020. The data were analyzed using deductive-inductive content analysis methods. According to Finnish legislation, this type of research did not need approval from a research ethics committee. Informed consent from the participants was obtained and they were informed about the voluntary nature and confidentiality of the study and their right to withdraw at any time. Key professional stakeholders had different roles and responsibilities, but their shared, integrated goal was to achieve older people's autonomy in residential care settings. Their combined roles and responsibilities covered all aspects of promoting older people's autonomy, from care and service planning and daily decision-making to service structures that included ethical competencies and monitoring. Multipronged, variable, coordinated strategies were required to identify, assess, and promote autonomy at different levels of care. Key professional stakeholders need to work together to provide an unbroken chain of care that provides older people with autonomy in residential care settings. In future, more knowledge is needed about how to create structures to achieve the shared goal of older people's autonomy in these settings.

Implementation of Inquiry Learning Based on Creativity and Science Process Skills

After inquiry learning research is carried out, it is necessary to investigate problems and find problems based on clear concepts based on observations. Creativity is the ability to create something new. The proposed activities are based on physical phenomena through experiments. Prior knowledge of a problem may detract from an investigation, as it may prefer to retain known evidence rather than devise new alternatives. Creativity is the ability to think to come up with solutions, ideas, ways, products as solutions to existing problems. Innovative is the process of doing something in a new way. The process skills of discovering and developing concepts, theories, legal principles and facts are science process skills (KPS). Based on investigations and problem findings, creative inquiry learning with a process skills approach is used. The method in this research is analysis of indicators of inquiry learning syntax (problem formulation, hypothesis formulation, data collection, hypothesis testing and conclusions), creativity (KE experimental group and KK control group) and science process skills (KE and KK). The concepts developed mutually support inquiry, creativity and process skills. Students' ability to investigate and find problems can be realized.

The Legal Force Of The Deed Of Sale And Purchase Of Land On Congenital Property Between Husband And Wife

Land sale and purchase is an important transaction carried out to obtain rights to land. Land is one of the most valuable assets and has the potential to generate profits in the future. Land is becoming increasingly valuable because land is increasingly scarce, over time and the increasing human population, land prices continue to increase. This makes the business of buying and selling land an investment class that is definitely promising for everyone, ranging from housing, business premises, agriculture, to investment. Therefore, the process of buying and selling land and similar actions must be carried out carefully and in accordance with applicable legal provisions. However, many people do not understand the importance of the procedures for transferring land rights in Indonesia regulated in various laws and regulations. As happened in the journal to be discussed, where there was a sale and purchase between husband and wife that had been made AJB before the Temporary Land Maker Official. Where this agreement violates the objective requirements according to the Civil Code, resulting in the agreement being “null and void”. In this method we use a normative juridical method which is a library law research with an approach that is carried out using reviewing the main legal material focusing on analyzing regulations, doctrines, and legal principles related to the transfer of land rights.

Critical Analysis of The Law on Purchasing Gold on Credit

This study aims to understand the legal background of gold credit in Indonesia, we can explore more deeply how this product contributes to the development of Islamic banking, consumer protection, and financial market regulation more broadly. It also helps in identifying the challenges and opportunities faced in the implementation of Islamic financial practices in Indonesia. This writing uses a normative method where in this writing a literature search is conducted. Peter Mahmud stated that Legal Research must find a coherent truth, namely legal rules in accordance with legal norms or are there norms in the form of commands or prohibitions that are in accordance with Legal Principles and whether a person's actions are in accordance with Legal Principles or Legal Norms. Legal analysis of gold credit shows that this transaction involves various aspects that need to be considered, including the legal basis, sharia aspects (if applicable), financial risks, and legal treatment. It is important for financial institutions and customers to clearly understand their rights and obligations in gold credit contracts, and to comply with all applicable regulations to minimize risk and maintain fairness in this transaction.

Abuse of Authority Against Judicial Power in Constitutional Court Decision No.90/PUU-XXI/2023

Each law enforcer has its own authority according to what has been regulated in Indonesian laws and regulations. These provisions are stated in the Judicial Power Law No. 48 of 2009 which states that power judiciary according to The 1945 Constitution of the Republic of Indonesia is independent power . However, what has happened in Indonesia recently seems to be diminishing justice and putting aside codes of ethics in the world of law. The facts that occurred in the Constitutional Court decision No. 90 of 2023 regarding the age limit for presidential and vice presidential candidates were considered a decision that violated the code of ethics because there was a conflict of interest. In fact, the decision was built based on less than rational legal reasoning, resulting in a decision that was considered problematic. Based on the background description above, problems arise in the form of how a judge's authority should be in deciding cases in accordance with what is contained in the legislation. Then what are the legal remedies given in the form of sanctions to judges who are proven to be abusing their authority? This research uses a normative juridical approach, namely by looking at the rules and principles applied in the judiciary in Indonesia. The administration of government must be based on the principles of legality, protection, human rights and AUPB, especially in terms of the principle of not abusing power. Article 10 paragraph (1) letter e and the explanation of Law Number 30 of 2014 stipulate the principle of not abusing one's own authority. This basis requires every government agency and official not to exceed, abuse or confuse their authority for personal or other interests.

The principle of legality and sustainable development goals (SDGs): Impact and practices in UAE constitution

The principle of legality constitutes one of the basic principles of the government’s rule of law, and as a result, it has been recognized as one of the most essential guarantees of human rights. The goals of sustainable development have a strong link with the principle of legality, and achievements in accomplishing a goal can frequently contribute to the accomplishment of other goals in addition. The United Arab Emirates’ constitutional framework, regulations, and rules, along with the goals for sustainable development (SDGs), were profoundly affected by the principle of legality. The method in which international standards and laws have been integrated into the UAE’s national legal framework provides definitive proof of this effect. The research concluded that all published and unofficial legal regulations have to be respected in order for public authorities to use within the limits of the principle of legality. These involve adhering to the standards of positive legitimacy and the fundamental regulations the community agrees on.

Personal Information Protection in the Application of Facial Recognition Technology in Public Places - Taking the "First Facial Recognition Case" as an Example

In recent years, the widespread use of facial recognition technology in public places has raised challenges for personal information protection. By analyzing the "First Facial Recognition Case," this article reveals practical challenges under the current legal framework. Significant risks exist in the collection, use, and storage of information, particularly regarding the principles of legality, necessity, and informed consent. The article explores the ambiguity of these principles in legal applications and proposes improvements, including better evaluation of legality and necessity, introducing a tiered consent mechanism, and constructing a dynamic consent mechanism to enhance compliance and protect personal information security.

Bumps and detours of the domestic pathway of money laundering legislation

Aim: The aim of the paper is a brief review of the past 30 years of domestic legislation concerning the criminal act of money laundering, also to summarise the lessons learned from the modifications and to outline some aspects of legal-interpretation. Methodology: The paper analyses the periodical changes of the phrasing of the act and the legal policy intentions in connection with these changes. It takes a position on the academic debates concerning the application of the offence and critically assesses legal practice. Findings: The current legislation and practice of money laundering is still not without inconsistencies. Qualification of specific acts as money laundering could often contradict fundamental legal principles, the proper interpretation of actual or pseudo multiple-offence theory, the concurring aspects of aiding and abetting versus subsidiary or collateral offences, and the necessity to justify culpability or mens rea. While not disputing the legitimate purpose of the offence, nevertheless with an expectation of a more critical attitude regarding its application, effective investigation of the preliminary offences shall not be de-emphasised, as its effectiveness is still the most effective way to the prevention of money laundering. Value: The conclusions may contribute to a better founded jurisprudence concerning money laundering, as well as it may provide guidance for future codification considerations.

Administrative and legal principles of public control in the judicial system through the prism if ensuring human and civil rights in Ukraine

Administrative and legal principles of public control in the judicial system through the prism if ensuring human and civil rights in Ukraine

Legal principles of agricultural land use in Ukraine and Canada: comparative legal aspect

Legal principles of agricultural land use in Ukraine and Canada: comparative legal aspect

Analysis of Section 85 & 86 of the IPC [ Sec 23 & 24 of BNS] with case law analysis

This research paper examines the legal principles surrounding the defense of intoxication under Indian Penal Code (IPC) Sections 85 and 86 (now Sections 23 and 24 under Bhartiya Nyay Sanhita, 2023). These sections distinguish between involuntary and voluntary intoxication in criminal acts, specifying the conditions under which an accused can claim intoxication as a defense. This analysis is contextualized through the case of Basdev vs. State of Pepsu,1956 wherein the appellant, under voluntary intoxication, committed homicide. The paper traces historical perspectives on intoxication as a defense, scrutinizes the application of intent and knowledge in criminal liability, and critically evaluates the court’s rationale in affirming the conviction under Section 302 IPC for murder, rather than reducing it to culpable homicide not amounting to murder under Section 304 IPC. The findings underscore that voluntary intoxication does not absolve criminal liability if the accused possesses sufficient awareness of their actions and the consequences. The study concludes with an affirmation of the Supreme Court’s judgment, emphasizing the significance of recklessness and behavioral assessment in applying Section 86 IPC.

Fuqaha’s Perspective on Ju’ala Contract and Its Application in Bank Wakaf Mikro in Indonesia

The understanding of the ju'alah contract in Islam has been a focal point of debate and analysis in fiqh literature. Ju'alah, as a form of promise to provide compensation for tasks or work performed, holds significant implications in Sharia finance practices, including Bank Wakaf Mikro. From the perspective of scholars, there are various views regarding the legal principles and implications of the ju'alah contract, often reflecting differences among schools of thought. This diversity of opinions raises questions regarding the pillars, conditions, and legal implications of ju'alah transactions. The objective of this study is to delve deeper into scholars' comprehension of the ju'alah contract, its distinctions from the ijarah contract, and its application in Bank Wakaf Mikro in Indonesia. In this study, a qualitative approach is utilized, employing a descriptive-analytical method, where data is obtained through library research methods. The research findings indicate that the arguments presented by the Maliki and Syafi'i scholars regarding ju'alah appear to be stronger due to being grounded on more solid reasoning, both in terms of evidence and societal needs. Furthermore, in analyzing the practices of Bank Wakaf Mikro, conformity with the principles of the ju'alah contract is found, both in terms of its pillars and conditions. Among the various scholars' opinions on the ju'alah contract, it is evident that the Syafi'i scholars' views are more aligned with the practices carried out by Bank Wakaf Mikro support programs.

Legal Protection and Principles of Justice for Women Post-Annulment of Marriage in Asset Division

The conception of marriage law in Indonesia is categorised into three groups, the first being the concept based on the Burgelijk Wetboek, the second after the enactment of the Marriage Law, and the third in accordance with Islamic law. A valid marriage gives rise to rights and obligations for both spouses, as well as property and children born during the marriage. However, if the marriage that is carried out does not meet the legal requirements of marriage, implications may arise, as illustrated in a case in South Kalimantan where the ex-wife tried to annul her husband's marriage to another woman. On these issues, this study examines the legal protection and application of the principles of justice for women in the context of the division of common property after the annulment of marriage. The main focus of the research is to analyze the legal impact of marriage annulment on women's rights to joint property and identify gaps in existing regulations. The research method used is normative juridical with a statutory and conceptual approach. The results show that women are often in a vulnerable position after marriage annulment, especially in terms of the division of joint property. Although the Marriage Law and the Compilation of Islamic Law regulate the division of joint property, its implementation in cases of marriage annulment still creates legal uncertainty. The principle of justice has not been fully realized.

Defining the Rules of Engagement: Legal and Ethical Standards in Cyber Conflict

In an increasingly digitized world, cyber conflicts are emerging as a critical domain of modern warfare and international relations. This paper examines the legal and ethical standards that govern cyber conflict, aiming to define clear rules of engagement. Through a detailed analysis of current international laws, national legislation, and ethical theories relevant to cyber operations, this research identifies gaps and challenges in the existing frameworks. Case studies of notable cyber incidents illustrate the practical implications of these legal and ethical standards. The study proposes a set of refined rules of engagement designed to address these deficiencies, ensuring ma ore coherent and consistent application of legal and ethical principles in cyber conflict. The findings suggest that while international consensus and cooperation are crucial, there is also a need for dynamic and adaptable rules that can keep pace with rapid technological advancements. This paper contributes to the growing discourse on cyber conflict by providing a comprehensive understanding of the legal and ethical dimensions and offering actionable recommendations for policymakers, legal experts, and cybersecurity practitioners.

Analysis of Administrative Sanctions in Banjar District's Waste Disposal Regulation Number 04 Of 2016

This research investigates the administrative sanctions in Banjar Regency's Regional Regulation Number 04 of 2016 on Waste Management, particularly focusing on the prohibition of household waste disposal. The regulation aims for coordinated, integrated, and sustainable waste management. However, limited infrastructure and resources have hindered the enforcement of these sanctions. Using a normative juridical approach, the study analyzes legal materials from literature, documents, and archives. The findings show that the administrative sanctions in the regulation lack the necessary philosophical and sociological foundations for effective enforcement, making them difficult to implement. The creation of Regional Regulations should adhere to essential legal principles, including clear problem formulation, appropriate institutional formation, and practical implementability. Violating any of these principles can lead to a regulation being considered procedurally flawed.

Analisis Putusan Nomor 02/Pid.Sus Anak/2022/PN Crp Tentang Tindak Pidana Narkotika Pada Anak

Legal infractions pertaining to children in our day of modernity, include instances where children are the offenders, witnesses, or victims of the law. The criminal law pertaining to drugs is one of the laws that is most frequently broken. The author of this study employs a normative juridical approach technique, first doing literature research before examining and evaluating how legal norms—which ought to be applied in conformity with legal rules—are applied. As mentioned in Law Number 35 of 2009 concerning Narcotics, which governs criminal penalties to act as a disincentive to those who misuse and trade in illegal narcotics and their precursors. Observing and analyzing the law as well as theoretical issues pertaining to legal principles, legal history, and legal comparisons that address the application of the law against minors who commit drug-related crimes and legal considerations surrounding decision Number 00/Pid. Sus-anak/2022/PN Crp regarding drug-related crimes against minors are the methods used in the normative juridical approach. The Curup District Court's ruling in case number 00/Pid.Sus Anak/2022/PN/Crp, which dealt with drug misuse in children, was the subject of the author's investigation in this study.