Application Of Law Research Articles

Perlindungan Hukum Dan Pemenuhan Hak Korban Dalam Kasus Kecelakaan Lalu Lintas Yang Menyebabkan Korban Meninggal Dunia

Traffic accidents resulting in fatalities in Kupang City based on BPS Kupang City data series have increased in the period 2020-2022. In general, traffic regulations are regulated by Law No. 22 of 2009 on Road Traffic and Transportation. Victims who die due to road accidents have rights that must be fulfilled and passed on to their heirs. For this reason, legal protection of the rights of victims who die as a result of traffic accidents is necessary. This research uses empirical legal research, namely legal research that functions to examine how the law works in a community environment, in this case conducted at the Kupang District Court Class 1. Data collection techniques are carried out through interviews, observation and documentation and then analyzed descriptively and qualitatively. The results showed that: (1) The fulfillment of the rights of victims of death in cases of traffic accidents in Kupang City, is in accordance with applicable laws and regulations if through legal channels, while in practice are used more family channels, so that the rights of victims are neglected. (2) The ideal form of legal protection for victims of death in cases of traffic accidents in Kupang City is repressive, namely: a) criminal sanctions, b) compensation, and c) government compensation.

Contextualized School Design in the UAE: Optimizing Schools for Learning and Well-being

Homeschooling has become an increasingly prevalent form of alternative education around the world, including within the United Arab Emirates (UAE) (AlDhaheri, 2024; Nandkeolyar, 2021). However, it remains a significantly under-researched topic, with few studies examining the experiences, attitudes, or perspectives of homeschoolers. This qualitative study provides an in-depth analysis of the experiences of 15 homeschooling families in the UAE, focusing on identifying applicable education laws and policies, reasons for parents to pursue homeschooling, and challenges faced by such families at the micro-, meso-, and macro- levels. Based on our case study, the findings suggest that some parents in the UAE, similar to other contexts, choose to homeschool to customize their children’s education to their needs, reinforce family and religious values, navigate learning disabilities, and avoid perceived negative features of mainstream education. Some of the key challenges that parents face while they homeschool include pressures on the family unit, especially mothers as the primary learning facilitators, social stigma, and obstacles to re-entry to mainstream education at the school level as well as in relation to higher education domestically. In light of such challenges, our recommendations include facilitating the recognition of homeschooling, albeit with quality assurance measures, in addition to challenging social stigma and conducting further research on homeschooling.

LEGAL REVIEW OF THE SUPERVISION OF THE 2024 GENERAL ELECTION CAMPAIGN THROUGH SOCIAL MEDIA

One of the campaign methods in the 2024 election is campaigning through social media. In order for the implementation of the Election Campaign to run well and in accordance with the applicable laws and regulations, it is necessary to conduct supervision. Bawaslu is tasked with supervising the implementation of election campaigns, including monitoring campaigns on social media. The purpose of this research is first to describe the 2024 General Election Campaign through social media; second, to describe the Supervision of the 2024 General Election Campaign through social media. The method of normative legal research (legalresearch) using legal materials as the main source. The results of the study show that first, The presence of social media as a tool for disseminating information aimed at the public or voters in elections is considered an effective and important step, especially in shaping opinions and setting political agendas. In Central Kalimantan Province, there are four Social Media platforms registered and used by 2024 Election participants, including Instagram, Facebook, Tiktok, and Youtube. In Central Kalimantan Province there are 86 social media platforms for political parties and legislative candidate members. Second, Bawaslu of Central Kalimantan Province has formed a team to monitor the campaign via social media accounts during the 2024 Election stages. The large number of accounts on social media is an obstacle for Bawaslu to supervise campaigns on social media. Campaigns on social media are certainly in separable from the possibility of campaign violations on social media, including hoaxs or hate speech. The Election Law has not specifically regulated the limitations/prohibitions related to campaign violations on social media.

Analysis of Criminal Liability for the Issuance and Execution of Orders to Commit War Crimes by Servicemen of the Armed Forces of the Russian Federation: Features of Criminal Liability Under Ukrainian Legislation

Objectives: The article examines the issue of criminal liability for orders given by commanders and servicemen of the Armed Forces of the Russian Federation to their subordinates regarding violations of the laws and customs of war in Ukraine. It aims to establish the basis of criminal liability in such cases, focusing on the concept of command responsibility as outlined in international humanitarian law. Methods: The analysis is based on a review of judicial practice in Ukraine, specifically examining how courts address the actions of commanders and servicemen of the Armed Forces of the Russian Federation. The study investigates the legal framework surrounding command responsibility and the application of international humanitarian law in the context of the ongoing conflict. Results: The findings indicate that courts typically do not charge commanders and servicemen of the Armed Forces of the Russian Federation with the act of giving orders. Instead, they attribute specific violations of the laws and customs of war committed by their subordinates. The article confirms the formation of a legal axiom in judicial practice, stating that criminal liability arises for all servicemen of the Russian Armed Forces who, as part of a criminal organization, violate the laws and customs of war on the territory of Ukraine. An irrefutable legal presumption is identified, asserting that all servicemen are aware of and informed about the laws and customs of war they violated while executing criminal orders from the military-political leadership of the aggressor state. Conclusion: The article concludes that considering the actions of servicemen through the lens of factual circumstances that exclude the criminal unlawfulness of their actions, such as executing an order or directive, is unacceptable. This perspective aligns with the standards of international humanitarian law, reinforcing the notion that accountability must be upheld for violations committed during armed conflict.

Beyond the Classroom: Expatriate Homeschooling Experiences in the UAE

Homeschooling has become an increasingly prevalent form of alternative education around the world, including within the United Arab Emirates (UAE) (AlDhaheri, 2024; Nandkeolyar, 2021). However, it remains a significantly under-researched topic, with few studies examining the experiences, attitudes, or perspectives of homeschoolers. This qualitative study provides an in-depth analysis of the experiences of 15 homeschooling families in the UAE, focusing on identifying applicable education laws and policies, reasons for parents to pursue homeschooling, and challenges faced by such families at the micro-, meso-, and macro- levels. Based on our case study, the findings suggest that some parents in the UAE, similar to other contexts, choose to homeschool to customize their children’s education to their needs, reinforce family and religious values, navigate learning disabilities, and avoid perceived negative features of mainstream education. Some of the key challenges that parents face while they homeschool include pressures on the family unit, especially mothers as the primary learning facilitators, social stigma, and obstacles to re-entry to mainstream education at the school level as well as in relation to higher education domestically. In light of such challenges, our recommendations include facilitating the recognition of homeschooling, albeit with quality assurance measures, in addition to challenging social stigma and conducting further research on homeschooling.

Pelaksanaan BPJS Ketenagakerjaan terhadap karyawan (Studi di PT. Wonebesco Group Indonesia)

The purpose of this research is to determine the procedures and obstacles in implementing the Employment Social Security Administering Agency at PT. Wonebesco Group Indonesia Purwokerto Banyumas Regency. The approach method in this research is normative juridical, namely an approach that uses a legalistic positivistic conception., the data used is primary data through observations and interviews with sources and respondents as main data, secondary data as supporting data in the form of legal materials, research specifications using research Clinical law (Clinical Legal Research) is research to apply law in abstracto to cases in concrete. The data obtained will be analyzed using qualitative analysis methods, namely by observing the data obtained with the provisions and legal principles related to the problem being studied. This research was conducted to answer the procedures and obstacles in the Implementation of the Employment Social Security Administering Agency at PT. Wonebesco Group Indonesia Purwokerto Banyumas Regency. with a positivistic legal conception method. Implementation of BPJS Employment at PT. Wonebesco is in accordance with applicable laws and regulations by applying the percentage of contributions borne by the employer and the workforce. Giving rights to workers who have passed their term of employment or have not received a contract extension to receive assistance and guidance by the company in making claims against BPJS Employment

Some illegal acts and inaction of law enforcement bodies, the damage caused by which is compensated on general basis: analysis of court practice

Purpose. The purpose of the scientific article is to determine some illegal actions and inaction of law enforcement bodies or their officials, the damage caused by which is compensated on the general basis of compensation for damage caused by state authorities or their officials. Methodology. The research methodology includes the analysis of scientific works, the analysis of national judicial practice in cases of compensation for damage caused by law enforcement bodies or their officials, and the specification of theoretical provisions regarding particular illegal actions and inaction of law enforcement bodies or their officials, the damage caused by which is compensated on general basis. The following methods of scientific knowledge were used: method of analysis, formal-legal method, logical method, specification method. Results. It is determined that in some cases when courts are considering cases of compensation for damage caused by law enforcement bodies or their officials, the courts of the first and appellate instances do not always assess the illegal actions, decisions and inaction of law enforcement bodies or their officials correctly and sufficiently in terms of the possibility of compensating damage, caused by them, on the basis of general norms governing compensation for damage caused by state authorities. This situation, in its turn, leads to refusals to satisfy claims for damages due to incorrect application of substantive law. It is suggested that one of the reasons for this situation is the absence of a list of illegal actions, decisions and inaction of law enforcement bodies or their officials provided for in legislation, the damage caused by which is compensated on general grounds. Based on the analysis of particular decisions of the Supreme Court in cases of compensation for damage caused by law enforcement bodies or their officials, it is identified some illegal actions and inaction of law enforcement bodies or their officials, the damage from which is compensated on general grounds, which can be used by the courts as a guide when considering the possibility of compensating the damage caused by law enforcement bodies or their officials on a general basis. Originality. It is singled out some illegal actions and inaction of law enforcement bodies or their officials, the damage caused by which should be compensated on general grounds, and it is emphasized that the formation of a list of such illegal actions, decisions and inaction will potentially contribute to correct application by courts of the norms of substantive law, which determine the general principles of compensation for damage, to legal relations for compensation for damage caused by law enforcement bodies or their officials.It is determined that the existence of such list, in its turn, will increase the effectiveness of the legal institution of compensation for damage caused by law enforcement bodies as a means of protecting human rights and freedoms. Practical significance. The results of the study can be used in further scientific research devoted to the institution of compensation for damage caused by law enforcement bodies or their officials, in law enforcement practice and in the educational process when preparing lecture and seminar material for legal disciplines.

Derivative Recognition and Intersystemic Interpretation

Abstract In intersystemic cases, a court applies the law of a foreign system. Scholars have argued that the court ought to use the interpretive methodology of the foreign system’s courts. I argue against that intuitive position. First, interpretive methodology is not bound up with primary rights and duties such that it constitutes substantive law for conflict of laws purposes. Second, although interpretive methodology has epistemic value and may affect case outcomes, a given methodology might not have the same epistemic value or the same effect on outcomes for differently situated interpreters. Further, the approach that the foreign judges take to interpreting their own law is necessarily anchored to the foreign system’s rule of recognition, which is not true of the approach of external judges. Descriptive facts might align such that external interpreters would have to use the internal methodology to identify the applicable law, but that’s an empirical question the answer to which will vary from case to case.

PENERAPAN HUKUM KEBIASAAN SEBAGAI DASAR HUKUM PUTUSAN PENGADILAN HUBUNGAN INDUSTRIAL (Studi Putusan: Nomor 233/Pdt.Sus-PHI/2017/PN.Bdg)

<p><br clear="all" /> <em>The case that the author will discuss in this article is the decision of the Industrial Relations Court at the Bandung District Court which is registered with case number 233/Pdt.Sus-PHI/2017/PN.Bdg. regarding a dispute of interest regarding the 2017 Basic Salary Increase. The interesting thing in this decision is that the Panel of Judges decided by considering customary law as the legal basis in determining the components and amount of the 2017 Basic Salary Increase. This article is important because it discusses legal issues, namely the regulation customary law in resolving industrial relations disputes and the application of Customary Law in the Industrial Relations Court Decision Number 233/Pdt.Sus-PHI/2017/PN.Bdg. The research method used is normative juridical legal research using a statutory approach, and a case approach. Customary law is known in the process of resolving industrial relations disputes with further regulations regarding customs having to refer to the provisions of Article 1339 and Article 1347 of the Civil Code. The Panel of Judges at the Industrial Relations Court at the Bandung District Court has decided the case registered under number 233/Pdt.Sus-PHI/2017/PN.Bdg. based on customs as stipulated in Article 1347 of the Civil Code.</em><em></em></p>

The Judge's Ratio Decidendi in Rejecting A Claim for Past Child Support (A Study on the Implementation of SEMA No. 4 of 2016 in Decision No.: 0565/Pdt. G/2023/PA. Bwi)

Divorce poses significant challenges in the division of responsibilities, particularly regarding child support, which impacts their well-being. Negative effects include the loss of family warmth and emotional instability. The Marriage Law emphasizes the obligation of parents to support their children until they become independent, even after the marriage has ended. However, the implementation of child support obligations, especially for basic needs, often encounters legal hurdles, including ambiguity in the amount of support and the application of laws by the courts. This study focuses on the implementation of SEMA Number 4 of 2016 in Decision Number 0565/Pdt.G/2023/PA. Bwi, which rejected a claim for past unpaid child support. The objective is to identify the reasons behind the judge's rejection and evaluate the extent to which the SEMA guidelines are applied. The research employs a normative approach and case study methodology. The findings indicate that the judge denied the claim on the grounds that the obligation for support is of a temporary nature, which contradicts the SEMA guidelines that establish the father’s responsibility for support when the child is in the mother's custody. This rejection reflects the need for a reassessment to ensure that children's rights are effectively protected.

The Meaning and Limitations of a Notary's Obligation in Safeguarding the Interests of the Parties in Legal Acts from the Perspective of Legal Certainty

This research aims to the meaning and limitations of a notary's obligation to “safeguard the interests of the parties involved in legal acts” as stipulated in Article 16 paragraph (1) letter a of the Indonesian Notary Position Act. This provision raises ambiguity or lack of clarity due to the insufficient explanation in the law, particularly regarding the phrase "safeguard the interests of the parties." Using a normative juridical research method with a legislative and conceptual approach, with legal materials consisting of primary and secondary legal sources to be analyzed through grammatical interpretation, this study explores the extent to which notaries are required to act neutrally, faithfully, and independently in carrying out their duties. The research finds that the ambiguity of the provision may lead to varying interpretations among notaries, which in turn affects the consistency of the law's application in practice. There is a need for more detailed or explicit guidance in the law to avoid multiple interpretations that could trigger ambiguity in the performance of a notary's duties. This study emphasizes the importance of reformulating the legal provisions to ensure that the notary's obligations in safeguarding the interests of the parties involved are clearer, thereby ensuring legal certainty and protection for all parties involved in legal acts.

Choice of law in trade secret cases: a Chinese perspective

Abstract In consequence of the growth of global trade, cross-border protection of trade secrets is of vital importance for any business, whether to stimulate innovation or promote competition. In recent years, there has been a steady increase in the number of disputes over cross-border misappropriation of trade secrets. Given the inconsistencies in substantive laws for trade secret protection among countries, conflict of laws thus has a significant impact on the effectiveness of cross-border protection as it does affect the determination of the applicable law. With the in-depth implementation of the Belt and Road Initiative, China has stepped up efforts to enhance IP protection, with special emphasis on trade secrets. This article reviews the relevant Chinese conflict rules and their judicial application in trade secret misappropriation cases to clarify whether they are appropriate or need further improvement instead. This article holds that the relevant Chinese conflict rules and their judicial application require further improvement. First, ‘the country for which protection is sought’ is appropriate as the principal connecting factor for trade secret misappropriation, but it should be interpreted according to the factual circumstances of the case at different stages of misappropriation. Second, the parties should be allowed to choose or change any law as applicable any time before the ending of the court debate at first instance, and the court may apply public policy or mandatory rules as last resort in exceptional cases. Third, China may employ the closest connection doctrine as a supplementary rule to determine the applicable law.

LEGAL ANALYSIS OF THE LEASE AGREEMENT FOR ELECTRIC POWER PLANTS

Leasing consists of two types, namely finance lease with an option right and operating lease without an option right. A finance lease refers to an action by a financing company in carrying out financing activities by providing capital goods to the debtor, which will subsequently be utilized by the debtor for a specific period as agreed upon in the contract. Meanwhile, an operating lease is a type of lease that does not result in a substantial transfer of economic benefits or risks associated with the leased asset to the lessee. Generally, leasing in the electricity sector adopts the finance lease scheme due to the minimal risks posed to both parties. The issue the author seeks to examine pertains to the implementation, regulation, and accountability of leasing activities in the electricity sector. The type of research employed is normative legal research. The term 'juridical' refers to an approach based on applicable laws and regulations, while 'normative' refers to an approach conducted through primary legal materials. Normative juridical research utilizes primary legal sources as well as legal literature. Any party intending to lease electrical power must submit an application to PT PLN (Persero) in accordance with the provisions of the Decree of the Minister of Finance Number 1169/KMK.01/1991 concerning Leasing Activities. A juridical analysis of lease agreements for power plants is essential. This analysis seeks to identify potential legal issues that may arise and provide recommendations for improvements and enhancements in the execution of such lease agreements, thereby supporting the development of a sustainable and efficient electricity sector in Indonesia.

Pertanggungjawaban Hukum Jasa Pengangkutan Darat Terhadap Kerusakan Barang Penumpang

The goal of this research is to determine and analyze the forms of liability arrangements if the broken of passengers’ goods happened. The writing of this journal uses the type of normative research where the applicable laws and regulations are studied and uses secondary data as the main data. Based on the research results, the following conclusions can be formulated: (1) Transport organized and carried out by public transport services is used to carry people or goods from one place to another safely, a form of responsibility carried out by public transporters in the event of an accident or damage to goods caused by the common carrier is referring to the initial agreement that has been previously agreed upon by both parties; and (2) The responsibilities that must be carried out and carried out by public transportation companies in the event of damage to passenger goods are contained in the Consumer Protection Law No. 8 of 1999.

Are managers of emerging markets more opportunistic? application of Benford's Law.

The current research analyzes cosmetic earnings management practices in emerging and developed markets before and after the global financial crisis. Using digital analysis, by applying Benford's Law the study analyzes the earnings adjustments that exceed a key reference point to determine whether earnings management anomaly exists or not? Based on a sample of 87165 firm-year observations of UK, US, Brazil, Russia, India, China and Pakistan listed corporations. Findings show that the managers of emerging markets have more incentive to manipulate earnings than their counterparts from developed markets. Further, the implementation of strict governance and legislative measures after the global financial crisis have significantly reduced the opportunistic behaviour of managers to manipulate earnings. However, the impact is lesser in emerging markets as compared to UK and US. The empirical findings of this research are useful for policy making and regulatory authorities, investors and other stakeholders as our findings shed light on the restriction of cosmetic earnings management practices. First study that tried to capture the cosmetic earnings management practices in both emerging and developed countries and in both pre and post financial crisis scenario.

Approach for the vertical wind speed profile implemented in the UTCI basics blocks UTCI applications at the urban pedestrian level.

The applicability of the Universal Thermal Climate Index (UTCI) at the urban pedestrian level is analysed in relation to the approach for the vertical wind speed profile (VWSP) used in the UTCI basics. As the UTCI refers to the human-biometeorological reference height (zh-b) of 1.1m above ground level (agl), all meteorological input variables for UTCI calculations should also be originated from zh-b. Since the development of the UTCI considered meteorological conventions for stations routinely operated by national weather services, the wind speed (v) as one of four meteorological input variables is initially required at 10m agl (v10 m). In order to calculate v at zh-b from v10 m, the logarithmic law for the VWSP is implemented in the UTCI basics, but only for neutral atmospheric stability and a roughness length (z0) for short-cut grassland (z0 = 0.01m). This methodological approach cannot be changed in the UTCI basics so far. The UTCI developers also recommend the application of the same logarithmic law, if v values at lower heights have to be extrapolated to 10m agl. However, the use of this VWSP approach disregards basic air flow findings and principles in the urban canopy layer (UCL). If the UTCI is nevertheless applied at the urban pedestrian level, inaccuracies in the UTCI values will occur. With reference to z0 = 0.80m, which is more typical for the UCL, they can be up to 7K, as shown in the example of three different climate zones.

Underlying Policy Considerations for Assigning the Applicable Substantive Law in International Commercial Arbitration

In international commercial arbitration, when the parties do not choose any law to govern the substance of their disputes, arbitrators are responsible for doing so. The inherent flexibility of the arbitrator’s discretion makes this task critical, as their decision can significantly impact the outcome of the arbitration. This article aims, to examine relevant policies that underlie an arbitrator’s choice of the applicable substantive law in the absence of the parties’ choice. It employs a comprehensive blend of secondary research and analytical methodologies, to identify and evaluate the nature of these policies, highlighting their possible extremes and, or irreconcilable elements. This article highlights the distinction between the direct and indirect methods used to assign the applicable substantive law and questions the practical application of these methods by arbitrators. It also explores relevant policies from three perspectives – a transnational perspective, a party perspective and a jurisprudential perspective. The findings suggest that specific, policy considerations influence the arbitrator’s decision-making process, regardless of the method employed to assign the applicable substantive. By understanding and assessing these policy considerations, arbitrators can make informed decisions when assigning the applicable substantive law in international commercial arbitration.

Barriers to Child Support After Divorce: A Legal Review in the Indonesian Context

Child support is one of the legal issues that arise after divorce. Although the law clearly states that child support is a shared responsibility post-divorce, it is not always guaranteed that child support will be fulfilled in accordance with court rulings and applicable laws. One issue that may occur is when the ex-wife obstructs the ex-husband from fulfilling his obligation to provide child support, even denying him access to meet his child. This research aims to describe the views of Civil Law Experts on the obstruction of ex-husbands in providing child support and to explain the legal remedies available for ex-husbands when ex-wives obstruct child support obligations. This research falls under the category of empirical juridical research with a sociological approach. The data sources were obtained through interviews with Islamic Civil Law Experts and supported by relevant laws and literature. The findings of this research indicate that the actions of an ex-wife obstructing the ex-husband from providing child support are not justified, as there is no detailed regulation allowing such obstruction unless it causes harm to the child. The legal recourse available to the ex-husband when his child support obligations are obstructed after divorce is to file a lawsuit for child custody, as stipulated in SEMA No. 1 of 2017.

The Commercial Operations of UAS Within the Framework of the Exististing International Regime Applicable to Air Carriers

ABSTRACT This study explores the legal framework governing cross-border operations of Unmanned Aircraft Systems (UAS), highlighting the pressing need for a unified regulatory environment to match the rapid advancements in UAS technology. As UAS operations increasingly align with international air services, this study draws parallels between UAS governance and the regulation of airlines, which are currently authorized to provide international air services under air transport agreements. The analysis focuses on the applicability of both international law and EU regulations to UAS operations, particularly in the context of scheduled, non-scheduled, and cabotage services. It examines certification and licensing requirements under EU regulations, identifying their potential to serve as models for future international standards. Overall, this study contributes to the understanding of regulatory challenges and opportunities, emphasizing the importance of harmonized global standards for the effective integration of UAS into international aviation.

Thermodynamics of Modified Chaplygin-Jacobi Gas and Modified Chaplygin-Abel Gas: Stability Analysis and Observational Constraints

This paper explores the thermodynamic properties and stability of two newly introduced gas models, namely the Modified Chaplygin-Jacobi gas and the Modified Chaplygin-Abel gas. To achieve this, we examine the behavior of relevant physical parameters to gain in depth information about the evolution of the universe. The specific heat formalism is employed to verify the applicability of the third law of thermodynamics. Furthermore, the equation of state for the thermal system is obtained by applying thermodynamic variables. The stability of the gas models is investigated within the framework of classical thermodynamics, focusing on adiabatic processes, specific heat capacities, and isothermal conditions. It is inferred that the proposed fluid configurations exhibit thermodynamic stability and undergo adiabatic expansion for suitable parameter choices. We then perform observational analysis using CC+BAO and Pantheon+SH0ES datasets to impose constraints on our model parameters using the Markov Chain Monte Carlo (MCMC) process.