Law Relationship Research Articles

The Function of the Deposit Insurance Corporation (LPS) as a Legal Protection Strategy for Customer Deposits Due to Bank Liquidation

This research aims to explore the role of the Deposit Insurance Corporation (LPS) in protecting customers when banks fail. The research methods used include policy analysis, case studies of failed banks, and reviews of related laws. It is hoped that the research results will provide a deeper understanding of the effectiveness of the legal protection provided by LPS to customers in the context of bank failures and the related compensation claims process. The Deposit Insurance Corporation (LPS) has a crucial role in protecting customer deposits when banks experience liquidation. In this context, LPS functions as a legal protection strategy for customer deposits held in banks. This action is important to maintain public confidence in banking amidst economic uncertainty. In response to the 1998 monetary crisis, the Indonesian government issued a policy of guaranteeing bank payments, including public deposits, through LPS. The importance of LPS is revealed when banks experience failures that have the potential to threaten the security of customer funds. In this situation, LPS guarantees the customer's refund up to a certain limit, providing the necessary financial protection. This creates a sense of security for customers and promotes banking system stability. With LPS, customers can be assured that their funds are safe even if unexpected events occur in the banking world. The role of LPS as a deposit insurance institution is inherent in the government's efforts to regulate and supervise the financial sector. LPS plays a role as the front guard in protecting customer interests, maintaining financial system stability, and preventing potential losses that could arise due to the possibility of bank failure.

LEGAL UNCERTAINTY IN GOVERNMENT REGULATION NUMBER 51 OF 2020 REGARDING THE TEN-YEAR PASSPORT VALIDITY PERIOD

This study examines the legal uncertainty arising from the implementation of Government Regulation No. 51 of 2020 concerning the change in passport validity from 5 years to 10 years, as well as the need for legal reform to address the issue. Legal uncertainty occurs due to the absence of clear implementing regulations, thus affecting the effectiveness of policy implementation in the field of immigration administration, including tariff adjustments and management of passport forms. The purpose of this study is to analyze the lack of clear implementing regulations and their impact on immigration administration, proposing solutions such as creating comprehensive guidelines, legal harmonization, and system updates to ensure policy execution. This research utilizes the normative method to analyze the legal uncertainty surrounding Government Regulation Number 51 of 2020 by examining the relevant legal standards. This study finds that the enactment of Government Regulation No. 51 of 2020 has created legal uncertainties, particularly regarding the transition for existing passports, fee adjustments, and administrative procedures. These ambiguities may disrupt immigration services and confuse both the public and immigration officers, calling for clear guidelines and implementing regulations to ensure the smooth execution of the policy. This study recommends legal reform by preparing comprehensive implementing regulations, harmonization with related laws, and updating the administrative system to support policy implementation. This study suggests a more adaptive legal framework and increases the capacity of technology and human resources to face future immigration challenges.

Measuring Precipitation via Microwave Bands with a High-Accuracy Setup

The urgent need for timely and accurate precipitation estimations in the face of ongoing climate change and the increasing frequency and/or intensity of extreme weather events underscores the necessity for innovative approaches. Recently, several studies have focused on estimating the precipitation rate through induced attenuation of radio frequency (RF) signals, which are abundant in modern communication systems. Most research has concentrated on frequencies exceeding 10 GHz, as attenuation at lower frequencies is minimal, posing measurement challenges. This study aims to confront this limitation by introducing a high-precision experimental setup capable of detecting this subtle attenuation at frequencies under 10 GHz. The setup includes a transmitter and receiver optimized for operation at 2.07, 4.63, and 6.22 GHz, where minimal worldwide research exists. A power resolution below 10−5 dB in preliminary measurements demonstrated its effectiveness in quantifying signal attenuation due to precipitation across the specified frequencies. Moreover, a strong power law relationship was observed between signal attenuation and precipitation rate for all three frequencies, while, as expected, the higher the frequency, the more pronounced the signal attenuation was.

Towards e-Lending by Libraries

The commentary discusses a judgment of the CJEU on the interpretation of EU law in relation to e-lending by libraries. E-lending conducted by libraries using digitized paper books is known as Independent Secure Digital Lending (iSDL), which is the European equivalent of the Control Digital Lending (CDL) system used in the USA. The Court clarified that lending digital copies of books by public libraries can be covered by the exception from the exclusive lending right provided it has similar characteristics to lending printed works. The “one copy, one user” model, where a digital copy is placed on the library’s server, and only one user can download it during the lending period, aligns with Directive 2006/115. However, the practical implementation of e-lending in public libraries still faces challenges. The judgment does not change the optional nature of the public lending exception, allowing Member States the freedom to implement it or not. Many countries are influenced by traditional interpretations that limit lending only to physical copies. Moreover, for e-lending to be considered legal under EU law, libraries must possess a digital copy from a legal source. This raises the question of whether libraries can, under the existing exceptions outlined in the InfoSoc Directive, digitize their physical book copies for subsequent e-lending. This issue was not definitively addressed in this judgment, but it found support in the Advocate General’s opinion. Simultaneously, due to the prevailing traditional approach to lending at the Member State level, e-lending is still not widespread in practice.

AZƏRBAYCAN XALQ CÜMHURİYYƏTİ VƏ GÜRCÜSTAN ARASINDA ƏRAZİ MÜBAHİSƏLƏRİ VƏ HƏLLİ

The concept of "territory" is of vital importance as one of the most important subjects of law and international relations. As is well known, territories can often be disputed either between states or within states. These disputes can lead to bigger conflicts later. The issue of disputed territories between Azerbaijan and Georgia revolves primarily around Borchali and Zagatala regions. The general information about Borchali region is that this region is mainly inhabited by ethnic Azerbaijanis and has historical ties with both Azerbaijan and Georgia. After the collapse of the Soviet Union, the borders drawn during the Soviet era have become an object of controversy. The general information about Zagatala region is that Zagatala is located in the north of Azerbaijan, near the Georgian border. The region has ethnic and cultural significance for both countries. The current situation is that Zagatala, like Borchali, has a mixed population.

ШТУЧНИЙ ІНТЕЛЕКТ ТА КРИМІНАЛЬНЕ ПРАВО: СУЧАСНІ ГРАНІ ДОСЛІДЖЕНЬ

The article considers the conceptual foundations of the functioning of artificial intelligence and its impact on criminal law relations. It have been analyzed the doctrinal and legislative sources on which the development of an effective model of criminal legal regulation of these processes should be based. It is emphasized on digitalization as a driving factor of fundamental changes, which forms the legal digital reality. Its transformative potential is developing due to the growing availability of big data, artificial intelligence, increasing capacity of modern computers, new blockchain technology platforms, Internet of Things, cloud services, virtual reality, social networks and platforms, cybersecurity, electronic services, etc. It is emphasized the controversy of the definition of the term “artificial intelligence”. It have been presented the arguments in favor of granting to artificial intelligence the status of “electronic person”, which is due to the rapid development of this innovative digital tool and the acquisition of intellectual qualities that equal or exceed human ones, which is the basis for recognizing such a person as a subject of criminal-legal relations and a subject of a criminal offense”. The opposite opinion is based on the fact that human intelligence belongs to a subject endowed with consciousness, but what is called artificial intelligence refers to an object, that is, technology, machines that are not able to empathize, to create, etc., therefore, the attribution of a set of information technologies to unique qualities of a person, in the context of their criminal legal dimension, is a manifestation of the dehumanization of law in general, and criminal law in particular. Keywords: digitalization of law, digital transformations, artificial intelligence, criminal-legal relations, conceptual foundations, philosophy of artificial intelligence.

Neurodiversity in Saudi Arabia: Towards quality education and reduced inequalities

Traditional educational frameworks in Saudi Arabia have historically adopted a deficit-based approach to special education, potentially overlooking the benefits of neurodiversity. As global educational paradigms shift toward inclusive practices, examining the alignment of Saudi special education laws with neurodiversity principles becomes crucial. This content analysis study aimed to explore the existing literature on special education in Saudi Arabia to ascertain whether the laws and policies support or hinder the practice of neurodiversity, a concept that is gaining international recognition but remains nascent in Saudi Arabia. A systematic literature search was performed in Web of Science and Scopus, yielding 21 relevant studies after screening and application of inclusion criteria. A content analysis was conducted, focusing on the categorization of data relevant to special education laws and their implications for neurodiversity. The analysis identified seven key categories, including Implementation of Inclusive education and transition services, that reflect the current state of special education laws in relation to neurodiversity. A conceptual model was developed, illustrating the potential of special education laws to both support and impede neurodiversity in Saudi Arabia and potentially worldwide.

THE LAW GOVERNING UNITED KINGDOM GOVERNMENT TORT LIABILITY IN THE ‘WAR ON TERROR’

Abstract This article discusses the United Kingdom Supreme Court judgment in Zubaydah v Foreign, Commonwealth and Development Office, which addressed the law governing the tort liability of the United Kingdom Government for its alleged complicity in the claimant's arbitrary detention and torture overseas by the Central Intelligence Agency. In holding that English law applied, the Court departed from previous case law by giving decisive weight to public law factors in its choice-of-law reasoning. This decision arguably heralds a greater role for English law in relation to tort claims brought by overseas victims of allegedly wrongful exercises of British executive authority as a mechanism for achieving executive accountability, controlling abuse of power, ensuring the rule of law and providing victims access to remedy.

Recycling of Reclaimed Water in China: Current Situation, Development Trend, and Countermeasures

Recycling of reclaimed water is an important way to develop water resources and reduce pollution discharge. At present, the utilization rate of reclaimed water is low in China and the recycling system is inadequate. Therefore, from the perspective of "carbon peaking and carbon neutrality" dual carbon propulsion and "water resources protection, water environment governance, and water ecological restoration" three water co-governance, this study first systematically combined the water resources situation, water supply structure, urban domestic sewage collection and treatment, and recycling of reclaimed water in all provinces （municipalities and autonomous regions）. Data collected in 2022 showed that the capacity of municipal sewage treatment was approximately 62.689 billion cubic meters annually, the capacity of reclaimed water production was approximately 28.98 billion cubic meters annually, and the utilization rate of reclaimed water was approximately 28.76%. There were 20 provinces with the utilization rate of reclaimed water less than 25%, among which the utilization rate of reclaimed water was less than 5% in Shanghai, Chongqing, Xizang, and Jiangxi. The situation of water resources did not match the development of the utilization rate of reclaimed water. Therefore the utilization paths of reclaimed water must be broadened and the utilization rate of reclaimed water must be improved crucially. Moreover, the related policies, laws, and regulations and standards of reclaimed water in China were listed. The technical and benefit feasibility analysis of reclaimed water utilization was carried out, and the development trends and existing problems of reclaimed water utilization in China were investigated. Finally, the countermeasures and suggestions of the recycling of reclaimed water from the aspects of technology development, management policy, fund guarantee, and publicity incentive are proposed, to promote the resource treatment of sewage, realize the synergistic reduction of pollution and carbon emissions in sewage treatment, help achieve the goal of carbon peak carbon neutrality, and accelerate the construction of a beautiful China. This study can provide reference and guidance for regional recycling of reclaimed water.

DEVELOPMENTS IN HARMONISATION OF SHARĪꜥAH AND LAW ON WAQF

Sharīꜥah-compliant social finance products are in high demand worldwide. Waqf is one of the above instruments based on which can be designed and implemented in line with Sharīꜥah. The complexities in Malaysia due to the adoption of the dual legal system, the federal-state background, and the exclusive jurisdiction of the state on Islamic matters have, to a certain extent, produced differences in procedures and laws, as well as in the area of waqf. This paper highlights the justification for, the processes related to, and developments in the harmonisation of waqf related laws in Malaysia, within the diverse legal background of the country. It adopts the method of doctrinal analysis, looking into various laws, articles, books, and research papers. The paper argues that harmonisation initiatives involving multiple fields, including law, policy, education, and strategic cooperation, are necessary to elevate waqf beyond the social philanthropy paradigm. It is found that the position of Islamic laws in Malaysia, to a certain extent, has impacted the development of waqf, especially in the jurisdictions of Sharīꜥah Court and civil court. The recognition of Islamic finance via specific laws has contributed to designing the framework of laws on waqf. History shows that a lack of understanding of the concept of waqf, especially related to its difference from the English concept of trust and the division of power between federal and state authorities, has also influenced the slow development of waqf in Malaysia. This paper recommends standardisation of state laws and a change of mindset among administrators, which are crucial for the sustainability of waqf in Malaysia. It is hoped that this study shall contribute to the preparation of new policies and laws especially in the Malaysian context.

Three-phase lag model for thermal conductivity of a thermo-viscoelastic porous medium

This paper investigates the propagation of waves and the thermal behavior in a thermo-viscoelastic porous medium using the three-phase-lag (TPL) model which accounts for phase lags in the heat flux vector, temperature gradient and thermal displacement gradient. The study aims to capture the interactions between thermal, mechanical, and structural properties of the thermo-viscoelastic porous, isotropic, homogeneous medium. The governing equations, incorporating the TPL heat conduction law and constitutive relations for the viscoelastic porous material, are derived and analyzed. The impact of relaxation times, porosity, and viscoelastic parameters on heat propagation is investigated through analytical solutions by normal modal analysis. Analytical representations of various physical quantities (stresses components, displacements, temperature,…) in the material's domain are derived. These expressions are then assessed numerically for a specific material, with the outcomes depicted graphically. A comparison is made between the predictions of the three-phase-lag (TPL), the dual-phase-lag (DPL) and Lord–Shulman (L–S) theories in the absence and presence of voids.

Predictive control of pore architecture in ice-templated scaffolds via heat flux density modulation

Replicating the intricate architecture of native tissues remains a significant challenge in tissue engineering. Ice-templated biomimetic scaffolds possess controlled porosity that conveniently resembles the native parenchyma of many tissues. In this study, we investigate the relationship between the porous architecture of lyophilised collagen scaffolds and key processing parameters during production. We establish a predictive model that correlates specific lyophilisation conditions with the resulting pore sizes. Systematic variations in the freeze-drying conditions resulted in scaffolds with average pore sizes ranging from 46 μm to 251 μm, effectively matching the length scale of extracellular matrix features found in native tissues. We introduce the concept of heat flux density (HFD) at equilibrium as a metric for quantifying latent heat extraction efficiency during the freezing process. Our findings reveal a power law relationship between HFD at equilibrium and pore size, with an exponent of −0.44. This approach provides a non-destructive and non-intrusive method for precisely controlling pore architecture, advancing the potential for creating scaffolds that closely emulate the complex structures of native tissues.

Investigation of fracture performance of asphalt mixtures considering size effect law and equivalent crack propagation law

The integration of the Size Effect Law (SEL) and the equivalent Linear Elastic Fracture Mechanics (LEFM) in characterizing the fracture behavior of asphalt mixtures has received limited attention. This study presents a preliminary exploration into the application of equivalent LEFM on the fracture characteristics of two asphalt mixtures, AC10 and AC16, accounting for variations in specimen size. Semi-circular Bending (SCB) tests were conducted on specimens with four different diameters (D = 76 mm, 100 mm, 125 mm, and 150 mm) and three notch-to-radius ratios (α = 0.2, 0.4, and 0.6) at a temperature of −10 °C. The equivalent crack propagation (ECP) length, crack growth resistance, and the size of the Fracture Process Zone (FPZ) were determined and subjected to analysis. The findings revealed a size effect on the ECP length, crack growth resistance, and FPZ size, with an increase in specimen size leading to a corresponding increase in these parameters. Conversely, an increase in α resulted in a decrease in all three types of data. A power law relationship was established between the ECP length and crack growth resistance. It was observed that AC16 demonstrated superior fracture resistance compared to AC10, particularly in terms of crack growth resistance. The initial notch length, ECP length, and FPZ size were found to be of the same order of magnitude, suggesting that the equivalent LEFM can produce more accurate fracture results under low temperatures than the traditional LEFM.

Penetration of jet piles on submerged granular beds

The study examines the dynamics of jet pile penetration into submerged granular beds through laboratory experiments with the jet pile positioned atop the granular bed. It examines how varying water jet velocities affect penetration depth across different pile diameters and granular media sizes. Results show that high-velocity water jets locally fluidize particles around the pile, reducing inter-particle resistance within the bed, which, in turn, cannot support the self-weight of the pile, allowing smoother penetration. The onset of fluidization and pile penetration, marked by a critical jet velocity, increases with bed depth. Jet pile penetration is governed by a balance of forces: water jet force (FJet), pile self-weight (Fsw), buoyancy (FB), and resistance from the granular bed (FR). A power law relationship is proposed to predict penetration depth across different grain and pile sizes, providing a predictive model for jet pile penetration depth. This scaling law, validated with another experimental study, demonstrates consistent accuracy.

Redefining boundaries in innovation and knowledge domains: Investigating the impact of generative artificial intelligence on copyright and intellectual property rights

The rapid integration of generative AI (GenAI) into industries and society has prompted a re-evaluation of copyright and intellectual property rights (IPR) frameworks. GenAI's ability to produce original content using data from human-created sources raises critical ethical and legal concerns. Current copyright and IPR frameworks, designed around human authorship, are insufficient to address these challenges. This study, using a multi-perspective approach, explores GenAI's disruptive potential in replicating or transforming copyrighted materials, challenging established IPR norms. Findings highlight gaps in legislation and the opacity of GenAI platforms. To address these issues, this study presents a Dynamic Ethical Framework linked to a future global fair use policy, aiming to guide responsible GenAI development and use. By incorporating insights from domain experts, this study contextualizes emerging challenges and potential solutions within broader societal and technological trends. That said, this study calls for international collaboration and further research to reform IPR related laws and frameworks, ensuring they remain relevant and equitable in a GenAI-driven era.

A Parameter Study of 1D Atmospheric Models of Pulsating AGB Stars

Using the atmospheric pulsation code written by George Bowen, we have performed a parameter study examining the effects of modifying various parameters of models of oxygen-rich AGB atmospheres pulsating in the fundamental and first-overtone modes. For each pulsation mode, we have examined the effects of adjusting the dust condensation temperature, dust condensation temperature range, pulsation amplitude, dust opacity, and metallicity. Our model grids are generated with the constraint that their luminosities are chosen to span the range of observed mass loss rates at a chosen mass. The dust condensation temperature, pulsation amplitude, and dust opacity have strong effects on the ultimate location and shape of the final model grids in the mass luminosity plane. The mass loss rate evolution of the fundamental and first-overtone mode models show a significant difference in behavior. While the fundamental mode models exhibit the typically assumed power–law relation with mass and luminosity, the first-overtone mode models show significant non-power law behavior at observed mass loss rates. Effectively, models in the first-overtone mode require somewhat higher luminosities to reach the same mass loss rates seen in fundamental mode models of the same mass, consistent with observed AGB stars.

Analysis Of Land Ownership Disputes By Foreign Nationals Based On Wills: Case Study Of Supreme Court Decision No. 1134/Pdt/2009 In The Perspective Of International Civil Law

Land ownership in Indonesia is strictly regulated, especially for foreigners, through the Basic Agrarian Law (UUPA). This legal foundation limits the rights of foreigners in terms of land ownership, especially property rights, according to Article 21 of the UUPA. The case of Supreme Court Decision No. 1134/Pdt/2009 provides a clear example of how the recognition of inheritance rights for foreigners on land can lead to complicated legal issues. The method of this research is normative juridical with a statutory and case approach. This method focuses on the analysis of Supreme Court Decision No. 1134/PDT/2009 on land ownership disputes between citizens and foreigners based on wills. Primary data was obtained through court decisions and related laws and regulations, such as the UUPA, while secondary data was through legal literature, and legal periodicals In Supreme Court Decision No. 1134/Pdt/2009, legal considerations regarding land ownership by foreign nationals (WNA) based on wills are the basis of juridical considerations in the case. one of the basic principles that apply in international civil law is lex situs or the law that applies in the country where the land object is located. Based on the principle of lex situs, any breach or agreement relating to property must be subject to the law of the country where the property is located. According to an analysis of Supreme Court decision No. 1134/Pdt/2009, although foreign nationals can receive land through wills, Indonesian agrarian law explicitly prohibits foreigners from owning land. This creates a conflict between domestic law and the legal principles of international property rights protection. Decision No. 1134/Pdt/2009 became an important reference in Indonesian international civil and agrarian law.

Implementation of the EU's geographical indications in CETA and JEFTA: EU‐Phoria or GI‐mmick?

AbstractOver the last two decades, the EU's foreign trade strategy shifted diametrically from the multilateral World Trade Organization to the bilateral free trade agreements (FTA) route. Accompanying this shift, the EU's regulatory ambitions became more apparent, as can be gleaned from its strategy documents. The main question is whether the EU is succeeding in effectively exporting or promoting its regulations. In this paper, we combine the two disciplines of law and international relations to gauge the EU's success in achieving its external regulatory goals through FTAs. The EU is described in the political science literature as a regulatory power which is trying to promote or export its regulations outside its own jurisdiction. Using two case studies of the recent EU FTAs with Canada and Japan, we conduct a rigorous legal analysis of these FTA texts as well as their implementation in the local jurisdiction by focusing on the area of Geographical Indications (GI). These regulations are compared with the EU's goals mentioned in its strategy documents and from interviews with EU representatives involved in the FTA negotiations. Our results show that the EU has been moderately successful in both FTAs in achieving its general goals such as equal protection for foodstuffs and alcoholic drinks, ex officio protection, and the clawback of some generic names. Overall, the EU was most successful in getting Japan to embrace an EU‐inspired sui generis GI system, whereas Canada showed less leniency and favoured its trademark system.

Sosialisasi Hukum Tentang Hak-Hak Keperdataan Masyarakat Yang Timbul Dari Perkawinan Dan Perjanjian

Introduction: Society as a legal subject has civil rights in legal interactions within the community. These civil rights come in many forms, and the socialization carried out includes marriage rights and contract rights. Therefore, legal socialization is necessary to provide enlightenment regarding civil rights.Purposes of Devotion: The purpose of this community service is to transform information and legal knowledge related to civil rights of the community.Method of Devotion: The outreach activities are carried out by conveying a) information and legal knowledge; b) dissemination of marriage law; and c) dissemination of contract law.Results of the Devotion: Increased public understanding of rights arising from civil law relationships, particularly marriage and contract. The community obtains information from the aspect of marriage law regarding the requirements of marriage, rights and obligations within marriage, and the legal consequences of marriage. From the aspect of contract law regarding the validity of unwritten contracts that are often made by the community and their legal consequences. This legal education is expected to provide guidance on legal protection and preventive measures.

Trends in the international development of legal support of economic law relations in the field of application of blockchain technology

The article considers the influence of international experience, in particular FATF recommendations, European legislation on the regulation of cryptocurrencies and blockchain technologies in Ukraine. Special attention is paid to the experience of the United Kingdom, EU and Switzerland, which successfully conducted test transactions in accordance with FATF requirements. The article emphasizes the difficulty of complying with international standards in blockchain operations due to the long terms of their implementation and the amount of necessary legal changes. The article defines the need for a scientific analysis of trends in the development of regulation of crypto-assets, with the aim of scientific forecasting of their further development, separation from existing legal institutions. The decision of the European Court of Human Rights, which confirms the payment function of cryptocurrencies, which makes them similar to fiat money, is analyzed. However, Ukrainian legislation does not yet recognize cryptocurrencies as a means of payment, which complicates their regulation. The article also highlights the benefits of blockchain technology for government and business, including transparency, immutability of data once recorded, and independence from participants. Positive changes in Ukrainian legislation, in particular the implementation of the EU Regulation on crypto-asset markets, should accelerate the development of the national economy and its integration with the European market. The article analyzes the close connection between the implementation of blockchain technologies and the financial and banking sectors of the economy, while analyzing the difference in development and the key characteristics of the use of blockchain when making payments, documentary transactions, and financing export-import agreements. Identified trends in the development of legal support, namely, the connection with the financial and economic (commercial) sector, the need to implement verification, identification and authentication of subjects for the legality of transactions – transactions carried out using blockchain technology, separation of blockchain technology from the cryptocurrency market, in the sense that cryptocurrencies are one of the possibilities of blockchain technology, and not blockchain technology is a service, auxiliary mechanism of the cryptocurrency market.