Legislative Bodies Research Articles

Experts’ active representation in the UN treaty bodies: the role of members’ tenure

ABSTRACT Many international organizations (IOs) utilize experts’ knowledge using diverse appointment, compensation, residence, and tenure methods. Research shows that paid experts selected by the IO are increasingly independent of state pressure as their term in office extends. Is this the case in other appointment schemes? This article maintains that when experts’ tenures extend in certain appointment methods, their representation mode becomes more active. The article tests this argument with data on the UN Convention Against Torture's (CAT) treaty body (TB) experts’ home country and time in office. The article defines passive and active representation as two ends of an axis. It argues that time in office plays a role in moving experts along that axis. The article then analyzes the link between time in office and the criticism the TB raises against experts’ home country. The results show that the longer the treaty body expert has been in office, the less critical the reports on the expert's home country. The article interprets this as an indication of a movement toward active representation and substantiates this interpretation through interview data.

Islamic Inheritance Law Reform in Indonesia from the Perspective of Islamic Legal Politics: Strategies and Implications

This research aims to analyze the reform of Islamic inheritance law in Indonesia, with a particular focus on government policies supporting this reform. The study examines legal doctrines in the Compilation of Islamic Law, jurisprudence, Supreme Court guidance letters for religious courts, and fatwas from the Indonesian Ulema Council. Employing a historical and Islamic legal political (fiqh siyasah) approach, it explores the background and dynamics of these reforms. The reform process involves updating legal concepts, norms, and techniques, driven primarily by the executive and judiciary, while legislative bodies are constrained by their inability to pass laws. Non-governmental institutions, particularly the Indonesian Ulema Council, also play a pivotal role. Scientifically grounded methods, such as ijtihad intiqa'i tarjihi and ibda'i insha'i, serve as the foundation for these reforms. The government’s strategies within the Islamic legal-political framework (fiqh siyasah) are (1) developing Islamic inheritance law in line with societal practices, (2) codifying it into legislative products, (3) compiling it into unified legal texts, (4) enacting legal products such as presidential instructions, fatwas, and jurisprudence, (5) involving scholars, officials, and judges in shaping reforms, (6) creating regulations for non-litigious inheritance distribution based on Islamic law, and (7) engaging the community in inheritance practices. This research’s novelty lies in its comprehensive analysis of both governmental and non-governmental roles in reforming Islamic inheritance law through integrative legal-political strategies. Additionally, it highlights the innovative application of ijtihad intiqa'i tarjihi and ibda'i insha'i, contributing to the modernization and contextualization of Islamic inheritance law in Indonesia. The contribution of this research is its exploration of the interplay between legal reform and societal practices, providing a new understanding of the mechanisms that shape Islamic law in contemporary Indonesia. Furthermore, it offers valuable insights into the role of both religious scholars and government authorities in the legal reform process, offering a model for integrating Islamic law with modern legal systems.

Partisipasi Publik Dalam Proses Anggaran Pada Ruang Lingkup Rendahnya Partisipasi Publik dalam Proses Anggaran di Indonesia

The OBS Budget Transparency Survey is the world's only independent, comparative and fact-based research instrument that uses internationally recognized criteria to assess public access to central government budget information; and the role of budget monitoring institutions, such as legislative bodies and national audit bodies, in the budgeting process. In good government governance, requires accountability, transparency and community participation in every public policy determination, in order to realize good governance. The study related to public participation in the budget process was prepared with the aim of getting an overview of the implementation of public information disclosure in the budgeting process in view of the low level of public participation in the budget process in Indonesia. To achieve this goal, this study uses a qualitative method with a library research approach, namely a method of collecting data by understanding and studying theories from various literature related to the research. Public participation in the Participatory Budgeting process is a key factor. Not everyone wants to be involved in Participatory Budgeting. Some of the reasons that cause low community participation are the community's disappointment because they were not involved in the initial Participatory Budgeting process, Meanwhile, in countries where the level of public participation in Participatory Budgeting is quite high, Factors that encourage community involvement include very high political awareness in society at all levels, involving all levels of society, including minorities and marginalized groups

Advancing LGBTQI+ Inclusive Research Practices

This Viewpoint discusses the recommendations of the Secretary’s Advisory Committee on Human Research Protection on creating a more equitable and representative body of research with improved inclusion of LGBTQI+ participants, overcoming disconnection between institutional review boards and research sites, and addressing potential bias among institutional review board members.

Administrative and legal principles of the activities of honorary consuls of foreign states and consular institutions headed by such consuls in Ukraine

The article substantiates that today the fundamental issues of the functioning of diplomatic and consular institutions, official activities of ambassadors, other diplomats and consuls are determined by a certain extensive domestic legislative body, international legal acts, supported by a number of relevant international customs and traditions. At the same time, in every democratic country of the world, the legal field on the organization of the performance of diplomatic and consular functions is additionally developed, which is fully related to ensuring the realization of the legal status of honorary consuls of foreign countries and consular institutions headed by such officials. The provisions of the current domestic administrative legislation regarding the functioning of diplomatic and consular institutions, official activities of ambassadors, other diplomats and consuls have been analyzed. Systematization of the relevant legal array was carried out under four normative-legal blocks, the first of which includes a set of consular conventions concluded between Ukraine and foreign countries, other international treaties. The second block covers key, fundamental documents aimed at promoting the implementation of state policy in the field of international relations and diplomacy. The third block of normative legal acts is aimed at forming the legislative basis for the organization of ensuring the functioning of the system of diplomatic and consular service bodies. The fourth legislative block incorporated legal acts on regulating the order and procedure of providing consular services. The key idea of the publication is that society defines and confirms the European identity of the Ukrainian people and the irreversibility of Ukraine’s European and Euro-Atlantic course. Currently, most of the available diplomatic capabilities are directed to the further stable establishment and significant improvement of interstate relations with the EU and NATO countries. Our state received a unique historical chance through the intensified European integration processes to reach a completely new level of civilization in the development of statehood and civil society.

Exploring the Impacts of Economic Policies, Policy Uncertainty, and Politics on Carbon Emissions

Abstract Addressing climate change challenges through managing and mitigating CO2 emissions has taken center stage in shaping economic policies. This paper analyzes the intricate interplay among economic policies, their uncertainty, political dynamics, and CO2 emissions by utilizing the U.S. data from 1973 to 2024. Our empirical results derived from the autoregressive distributed lag (ARDL) model with dummy variables indicate that expansionary monetary policies and higher corporate tax rates may increase CO2 emissions. Political factors, including economic policy uncertainty and the political climate, yield long-term impacts on CO2 emissions. The dominant party in the legislative branch, but not the presidency, emerges as a key determinant in carbon dioxide emission control, underscoring the significance of consensus-building in democratic processes, yet with variation in effects across different chambers. The robustness of these key findings is reaffirmed through different models. The findings suggest that party affiliation does not always dictate environmental policy outcomes, emphasizing the complexity of policy formulation and its representation within legislative bodies, providing insight to decision-makers when economic policies are considered.

Legal Uncertainty and Barriers to Women's Representation in Village Governance

Background: Women's representation in Indonesia's Village Consultative Bodies (BPD) is essential for gender equality and inclusive governance. However, unclear regulations, socio-cultural barriers, and weak enforcement hinder progress. Gap: Legal ambiguities and inconsistent practices limit effective participation and gender-responsive decision-making. Aim: This study explores the legal uncertainties affecting women's representation in BPDs and their broader impacts. Results: Findings highlight unclear legislation, gaps between national and regional regulations, and insufficient enforcement, compounded by cultural biases, reducing women’s motivation and participation. Novelty: The study provides a unique analysis of legal and socio-cultural challenges, offering actionable reform strategies. Implications: Clearer regulations and empowerment programs can improve representation, fostering equitable governance and sustainable development. Highlights: Legal ambiguities in regulations hinder women’s effective participation in BPDs. Socio-cultural biases significantly reduce opportunities for gender-responsive governance. Clearer policies and empowerment programs are vital for equitable local development. Keywords: Women's Representation, Village Consultative Bodies, Gender Equality, Legal Uncertainty, Governance

Cultural Identity as One of the Regulators of Legal Relationships in a Contemporary Russian Family

Introduction. Investigation of the legal activity in the frame of the family relationships seems to be especially relevant in the period of global instability and Westernization. The analysis of the present-day approaches to formation of the family relationships has revealed the dualism in legal universality and cultural identity in the different communities: although the vector of the current state policy of the Russian Federation aims at strengthening the traditional family values, the internal life of a contemporary Russian family often does not fit into this conceptual framework and develops in the direction of the sociocultural alterations of the society, thus, revealing the gaps in the existing legislation. The aim of this paper is to distinguish the aspect of cultural identity as one of the fundamental legal regulators of family relationships for improving the legal system in this field.Materials and Methods. The leading method used in the research was a comparative approach based on comparing and analysing the legal and cultural family values in Russia and abroad, as well as on contrasting the traditional and modernist concepts of a family ideal. Additionally, application of the general scientific and specific scientific methods (systematization, historical method, abstract-logical method, axiological and legalistic approaches) allowed for a deeper investigation of the features of the family relationship development in the frame of a certain culture.Results. On the example of the cultural specifics of the different states, the fundamental components forming the institution of a family and regulating the internal family relationships were identified, where the dominating ones were the socio-cultural norms, moral and ethical values and religious views. The analysis of the regulatory documents and relevant research papers enabled finding out the inconsistencies between the concept of supporting the traditional family relationships and the cultural values of the society. Having defined the boundaries of the cultural and legal regulators’ impact, we propose to implement the positive legal methods as a replacement to the radical autocratic approaches for achieving the cultural and legal consensus and developing the legal consciousness of a family.Discussion and Conclusion. The multifacetedness of the cultural code of a nation requires making changes to the state government and legislative bodies. Therefore, the forward-looking research concepts in the field of the family legal relationships should aim at uniting the traditional legal and cultural approaches to formation of the family values with the modernized ideas of the civil society.

The Gender Dimension of International Relations: South African Women in Leadership Positions in United Nations Structures

In the current conditions of confrontation with the West, Russia seeks to diversify its external relations, hence a growing attention it pays to such partners as African countries. Establishing effective cooperation requires deep knowledge of political elites, which is largely facilitated by the research of Russian Africanists, conducted primarily at the Institute of African Studies of the Russian Academy of Sciences as well as in other research centers - the Centre for African Studies of the Institute of World History of the Russian Academy of Sciences, the Institute of Asian and African Countries of Moscow State University, MGIMO University, HSE University, IMEMO of the Russian Academy of Sciences, the Oriental Faculty of St. Petersburg State University, etc. Among their areas of interest are such subjects as the study of female political elites, as well as the elites in multilateral institutions, primarily in the UN structures.Since the early 2000s, one of the main features of the formation of political leadership in the Republic of South Africa (South Africa) has been the expansion of women’s representation in government bodies at all levels. Some of these women held leadership positions in various UN structures. This article uses functional and biographical research methods to analyze the activities of South African women who have been active in human rights issues, in the fight against hunger and HIV/AIDS at the national and international levels, at the UN and the African Union. This article’s research was centered at such prominent South African political figures as Mrs. N. Pillay, Mrs. P. Mlambo-Ngcuka, and Mrs. S. Sisulu. The author notes both their achievements in solving the above-mentioned contemporary problems and the difficulties they encountered in their activities.Special attention is paid to the attitude of South African women towards the issue of gender equality, which they consider a necessary condition for democratic development. At various multilateral venues, Mrs. N. Pillay, Mrs. P. Mlambo-Ngcuka, and Mrs. S. Sisulu advocated for the empowerment of women in all areas of political, economic, and public life, both while holding leadership positions in the UN and after completing their terms of office. The long-standing work of South African women at the UN in the fight for human rights, against hunger and HIV/AIDS and for gender equality demonstrates the possibility of women’s participation in solving contemporary problems at levels of utmost significance.

Misreading Medicine: Statutory Prohibitions of Abortion for Disability.

Abortion prohibitions in some states include carve-outs based on the medical condition of either the mother or the fetus. These carve-outs, however, may be couched in limiting language structured by legislators rather than in language understandable in the context of medical care. In circumstances where legislative bodies fail to adequately incorporate medical professionals in the drafting of medical laws, the resulting vagueness or ambiguity may lead to a lack of utility or viability. This paper considers the consequences of such legislative misreading of medicine. It does so with a particular example, Utah's abortion trigger law, 2020 Senate Bill 174 (S.B. 174). S.B. 174 was enacted in 2020 (currently enjoined pending the outcome of Planned Parenthood Association of Utah v. State of Utah) and includes an exception for serious fetal anomaly-in other words, disability. While Utah is not alone in its inclusion of a disability exception for abortion, S.B. 174 is unique in the language it uses to carve out this exception: the law requires that the fetus has a "uniformly diagnosable and uniformly lethal" defect. This article explores the medical-legal mismatch in S.B. 174 through an analysis of the statute's legislative history and its language, an academic and legal database review, and an application of the statutory language to multiple serious geneticdiagnoses. In doing so, this paper unpacks just how mismatched these terms are and reveals the massive gap the law will leave between the legal consequences and the medical realities of abortion.

Where do we go from here? The personal impact of adverse events and complications in surgeons: Results from a cross-sectional study.

Medical error is an inevitable part of modern healthcare, with a potential harmful impact for the patient and the surgeon. The phenomenon of negative personal responses for healthcare workers in the aftermath of adverse events is described as the "second casualty" and can involve significant physical and psychological distress. We present results from a cross-sectional survey of surgeons and their experience in the aftermath of adverse events or complications. Following ethical approval an anonymous online survey was distributed to all training and consultant surgeons in the Republic of Ireland. Data collected included basic demographics, personal response to an adverse event, coping strategies, contributing factors and perception of potential support structures. A total of 110 responses were received representing surgeons with a broad range of experience and specialty. Eighty-nine percent (n=98) of surgeons described negative psychological symptoms in the aftermath of adverse events. The predominant responses were anxiety, guilt and low mood. Sixty-seven percent (n=74) reported that their training did not prepare them for the personal impact of events but found informal peer and family support to be beneficial and were open to the implementation of formal support structures. Surgeons suffer in the aftermath of negative outcomes and feel unprepared to manage the personal consequences. Institutions and representative bodies must step forward to change culture and develop supports for surgeons in the aftermath of adverse events and complications.

DEMOCRATIZATION OF THE POLITICAL SYSTEM AT THE REGIONAL AND LOCAL LEVELS IN THE CONTEXT OF DECENTRALIZATION: THE CASE OF FOUR UKRAINIAN REGIONS

This article examines the democratization of the Ukrainian political system at the regional and local levels in the context of decentralization reform. The level of democratization is measured using the Tatu Vanhanen measurement method (Tatu Vanhanen Index), which is a mathematical formula for multiplying the percentage of votes not received by the ruling party (coalition of parties) in regional and local elections to representative bodies by the percentage of voter turnout. For the study, four regions of Ukraine were selected: Lviv region, Kharkiv region, Kherson region and Chernihiv region, as well as their administrative centres, meeting both the criteria of geographical location (north, south, west, east), population size (large regions, with a population of several million people, as well as small regions, with a population of less than 1 million people), as well as traditional political preferences of a significant part of citizens (relatively “pro-European” and relatively “pro-Russian”). The study showed that in most of the regions we studied, the democracy index decreased after the start of the reform, but then increased again after the next electoral cycle. Most of the regions we studied have similar dynamics of changes in the democracy index over three electoral cycles. Secondly, the study found that in most of the studied regions, the democracy index at the regional level as a whole is slightly higher than the democracy index at the level of their administrative centres. The exception, in both cases, is the Kharkiv region and Kharkiv, which have a trend directly opposite to other regions. The study concludes with a recommendation to reevaluate the level of democracy at the regional and local levels after the next local elections, to gain a more objective dynamic picture.

Determination of Land Degradation in Romania at a Local Scale Using Advanced Analytical Techniques

ABSTRACTLand degradation (LD) threatens the food security and general welfare of many people globally. Land Degradation Neutrality (LDN) is a pivotal goal within the global sustainability agenda, particularly under Sustainable Development Goal (SDG) 15.3.1, which measures the proportion of land that is degraded over total land area. Romania, with its diverse landscapes and significant agricultural sector, faces notable challenges in this area. Assessing this SDG indicator serves to identify vulnerable areas and assists policymakers in defining the necessary strategic instruments and actions. Most previous studies have assessed land degradation using low‐ or moderate‐resolution data without clearly identifying the triggering factors, thereby limiting the ability to detect changes at the sub‐national level and analyze in detail the influence of these factors on the environment. This research is the first to examine the relationship between the proportion of land that is degraded and 20 potential triggering factors in cities and municipalities, aiming to identify key drivers of land degradation and provide insights for urban planning and policy‐making. The study integrates a series of high and medium‐resolution statistical, geospatial, and EO data sources to effectively assess land degradation and identify triggering factors in 103 municipalities and 216 cities. Using multiple regression analysis (MRA) and the Random Forest Method (RF), this study analyzed various predictive factors influencing LD, revealing that changes in land cover, temperature, and multi‐annual average precipitation, along with atmospheric pollutants (CO, SO2) and Land Surface Temperature, significantly contribute to land degradation in large cities. These factors accounted for approximately 83.3% (MRA) and 96.7% (RF) of the variation in the land degradation indicator, underscoring their roles in influencing land degradation trends. According to the results, 2.3% of Romania's area was degraded during the 2015–2022 period, 58% remained stable, 38% showed improvements, and the remaining 1.7% represented water bodies. By identifying vulnerable communes and counties, and the triggering factors, the study supports the implementation of appropriate measures to combat LD, a crucial step in Romania's efforts to achieve LDN by 2030.

ELECTIONS TO THE STATE COUNCIL OF THE CHUVASH REPUBLIC OF THE FIRST CONVOCATION IN THE MIRROR OF THE PRESS (based on the materials of the newspaper «Sovetskaya Chuvashiya»)

The process of transformation and formation of legislative bodies in modern times has not yet been sufficiently studied in Russian historical science. The study of the formation of the parliament of the Chuvash Republic will demonstrate the attitude of the population to the elections and to candidates for deputies. The article is devoted to the history of the formation of the State Council of the Chuvash Republic of the first convocation. The focus is on the election campaign of 1994 and its reflection on the pages of the newspaper «Sovetskaya Chuvashia». The purpose of the study is a comprehensive analysis of the newspaper «Sovetskaya Chuvashia» during the election period of the State Council of the Chuvash Republic in 1994. Materials and methods. The materials for the study were the publications of the republican Russian-language socio-political publication – the newspaper «Sovetskaya Chuvashia» – about the preparation for the elections to the State Council of the Chuvash Republic of the first convocation and the election process itself. In the course of the study, the methods of collecting historical information, historicism, and objectivity were used. Study results. In the course of the study, the analysis of the materials of the newspaper «Sovetskaya Chuvashia» for 1994, dedicated to the elections to the State Council of the Chuvash Republic, was carried out. About 10% of the newspaper’s publications were official documents of the Central Election Commission of the Chuvash Republic. Official orders, job announcements of people’s deputies who had already entered the parliament, letters from readers-voters were also published, which made it possible to determine the full list of registered candidates and elected deputies, their average portrait, as well as the attitude of the population to the elections and the process of forming the legislative body of the Chuvash Republic. Conclusions. Based on the generalization of the data and a comprehensive analysis of the data presented in the work, it is possible to conclude that the sources are informative and informative, significantly supplementing the characteristics of the political situation in the Chuvash Republic during this period.

FEMALE LEADERSHIP AS A TOOL FOR STRENGTHENING POLITICAL AND CIVIL INSTITUTIONS IN KAZAKHSTAN

Female leadership is one of the tools for improving civic engagement in governance. The aim of this article is to examine the factors that hinder women’s participation in political and civic institutions and the development of female leadership in the Republic of Kazakhstan. To this end, an analysis was conducted on the representation of women in representative, legislative, and executive bodies, as well as in leadership and decision-making positions. The study also analyzed the results of expert interviews conducted with women from the North Kazakhstan Region regarding their perspectives on the development of female leadership and existing gender barriers to career advancement. The findings reveal relatively low female representation in high-level political positions within the public service, local councils, and Parliament. However, the high percentage of women in public councils (42%) indicates the potential for further development of female leadership in Kazakhstan. Key challenges restricting women’s access to leadership roles in government institutions include societal stereotypes, the difficulty of balancing work and family responsibilities, high workloads, and the specific demands of leadership positions. Based on the research findings, several recommendations are made to improve policies that support female leadership.

Harnessing the integration of chat GPT in higher education: the evaluation of stakeholders sentiments using NLP techniques

Educational settings are gradually adopting Chatgpt for various purposes, but the effects it generates for different users have not received enough attention. This research study aims to fill a gap in the existing literature by evaluating the perceived attitudes of participants, including teachers, students, and administrators, towards the use of Chatgpt in learning. We employed a convenience sampling approach to gather data from 500 participants, which included 200 students, 150 teachers, and 150 administrators from various research settings. We collected data through structured interviews and social media analysis and conducted sentiment analysis using text mining and natural language processing (NLP). We found that 72% of students, 63% of teachers, and 75% of administrators have a positive attitude towards Chatgpt, whereas 18, 22, and 17% have a neutral attitude, and 10, 15, and 8% have a negative attitude towards it. We employed supervised learning techniques in sentiment classification and sentiment analysis methods such as VADER and Text Blob. These results demonstrate a high overall acceptance rate and particularly high positive sentiment among administrators and students, potentially due to their high interest in the tool’s potential to enhance educational experiences and administrative processes. This research is unique because it focuses on multiple stakeholders and combines quantitative survey results with qualitative data from social media. The findings provide relevant recommendations for legislative and educational bodies that intend to incorporate AI-transforming tools, Chatgpt, into curricula and management systems. The high positive score indicates that most educational stakeholders are willing and keen to adopt artificial intelligence (AI) technologies in their institutions.

The parties of the parliamentary opposition in the elections to representative bodies of local self-government in 2024

The article is devoted to the analysis of the electoral results of opposition political parties in the local government elections, which took place in September 2024. Considering the opposition as the most important element of the modern political system, the author justifies the importance of the presence of opposition political parties at all levels of government. Based on the analysis of latest data of electoral statistics, it is shown that the possibilities of political competition at local elections are slightly higher than at the regional and federal levels. It can be explained by the lower interest of the regional political elite participating in municipal government, especially against the background of a decrease in the budget provision of local government and permanent reforms of the local government. Analyzing the reforms of local self-government the author comes to the conclusion about the gradual integration of local self-government bodies into the general vertical of power and to reproduce its dependence on federal and regional authorities. This, in turn, leads to a low level of trust in the LSG on the part of citizens. At the same time, parties at the local level are becoming important actors of civil society and the main participants in the electoral process, but less than half of the registered political parties are currently becoming participants. The author shows that the main beneficiary of the elections is the United Russia party, while the opposition parties are content to participate rather than win. A typology of opposition political parties is proposed, which is based on the activity of participation in election campaigns (the number of candidates nominated, the number of regions where parties participate, the number of mandates received after the distribution of votes).

ROMANIAN PARLIAMENTARY ELECTIONS OF 2020. A CASE-STUDY OF THE LEGAL FRAMEWORK AND THE CHALLENGES OF THE COVID-19 PANDEMIC

Romania does not have an electoral code but has a real legislative framework that is the basis for the organization of elections: laws, decisions of the government or of the Permanent Electoral Authority, or decisions of the Central Electoral Bureau. The 2020 parliamentary elections were organized on December 6th, under the special conditions generated by the SARS COV 19 pandemic. It was a complex electoral process involving numerous public institutions and an record number of officials and volunteers. The budgetary effort was approximately 128 million euros. The result: a bicameral legislative body, made up of 330 deputies and 135 senators. The purpose of this paper is to present the way these elections for the constitution of the Legislative Body were organized and conducted, but also to show the need to unify the normative acts that determine the legal framework of the organization of elections. In the first part, I will briefly review the evolution of Romanian parliamentarianism, which begins with the formation of the modern state. The creation of the Romanian democratic state was achieved with considerable difficulty, in a complicated international context, by modernizing the political system, relying on constitutional acts followed by fundamental acts issued under both types of the Romanian political regime (monarchy and republic). In the second part, I will explain the process of organizing the electoral process for the election of members of the Senate and the Chamber of Deputies through the lens of legal provisions, the role of the Permanent Electoral Authority, the Prefect’s institution and the mayors involved in the organization and conduct of elections, but also the activities of electoral experts and of computer operators. We paid special attention to the way elections are organized for the citizens living abroad, both in the polling stations set up with the support of the Ministry of Foreign Affairs, but also to voting by mail.

Conflicting Legal Perspectives on the Establishment of Kingdom of Serbs, Croats, and Slovenes

Abstract The analysis delves into the complex legal intricacies surrounding the establishment of South Slavic state entities post-World War I, as international law of the time didn't fully encompass modern legal instruments defining international relations subjects. Nonetheless, legal arguments affirm the statehood of the State of SCS, formed within the former Austro-Hungarian Empire through legitimate representative bodies, despite lacking formal international recognition. The Croatian state transitioned governance under the National Council of SCS without abolishing its institutions. The analysis of the “December 1st Act” highlights procedural violations during the forming of the Kingdom of SCS, indicating a deviation from authorized scope, though it did not render the new state's government illegitimate. The negotiating process favored Serbian authorities, evident in the “Vidovdan” Constitution, yet it doesn't suffice to claim the State of SCS was annexed by the Kingdom of Serbia. Legally, there's little ambiguity, but disputes in international legal rulings and interpretations uncover internal political tensions and external pragmatic influences.

ANALISIS PERAN BADAN PERMUSYAWARATAN DESA (BPD) DALAM PEMILIHAN KEPALA DESA MENURUT UNDANG-UNDANG NOMOR 6 TAHUN 2014 DAN FIQIH SIYASAH

The village government, led by the village head and supported by village officials, collaborates with the Village Consultative Body (BPD) to discuss and agree on draft village regulations. In Islamic law, based on Siyasah Fiqh, the BPD is akin to ahlu al-halli wa al-‘aqdi, functioning as a legislative body and executor of government policies (ulil amri). This study aims to analyze the role of the BPD in village head elections from the perspectives of Law No. 6 of 2014 and Siyasah Fiqh. Using a library research method, the findings reveal: (1) Under Law No. 6 of 2014, the BPD represents the village population democratically and performs government functions. The village head's accountability through the BPD reflects people's sovereignty and democracy at the village level. (2) From the perspective of Siyasah Fiqh, the BPD aligns with the concept of ahlu al-halli wa al-‘aqdi, acting as a legislative institution responsible for upholding governance and public interest. The study highlights the BPD's critical role in balancing governance and ensuring democratic principles at the village level, in harmony with both national laws and Islamic teachings.