Law Society Research Articles

Digital Transformation Of Subak Management In Bali Through GIS Implementation

Subak is a customary law society with socio-agrarian-religious characteristics, consisting of a group of farmers who manage the irrigation of rice fields or paddies. The agricultural irrigation system in Bali or Subak was officially recognized as one of the world's cultural heritages in 2012 by UNESCO. Many Subak data still rely on traditional recording systems, making it crucial to have a digital transformation using an information system platform capable of collecting data on Subak and providing related information about Subak in the Bali Province. To address this problem, a mobile-based Geographic Information System (GIS) that encompasses information about Subak is developed. The data collection method used in this research includes literature studies and questionnaires. The result obtained from this research is an Android mobile application tested using Black Box Testing. All tests were successfully met according to the testing criteria that have been established.

Effectiveness of The Application of Administrative Criminal Sanctions Against Illegal Parking in The Malioboro Area

Illegal parking violations in the Malioboro area of Yogyakarta City are still rampant, causing traffic congestion and disruption. This study aims to determine how law enforcement against illegal parking and analyze the effectiveness of the application of administrative criminal sanctions against illegal parking in Malioboro area of Yogyakarta City. The normative-empirical research method is used by utilizing observation, interview, and literature study to get a comprehensive picture of the situation in the field. The results of the study identified that law enforcement against illegal parking in the Malioboro area uses two law enforcement efforts, namely preventive and repressive law enforcement efforts, in the form of conducting coaching, routine patrols, verbal reprimands, statements not to repeat, and providing administrative criminal sanctions in the form of fines. In addition, the research identified three factors inhibiting the effectiveness of the application of administrative criminal sanctions, namely law enforcement factors, society, and infrastructure. The lack of adequate parking lots, low public awareness, the imposition of fines that are not commensurate with the income of illegal parking attendants, and the high number of illegal parking attendants are the main causes of these violations.

Twenty Years After Krieger v Law Society of Alberta: Law Society Discipline of Crown Prosecutors and Government Lawyers

Krieger v. Law Society of Alberta held that provincial and territorial law societies have disciplinary jurisdiction over Crown prosecutors for conduct outside of prosecutorial discretion. The reasoning in Krieger would also apply to government lawyers. The apparent consensus is that law societies rarely exercise that jurisdiction. But in those rare instances, what conduct do Canadian law societies discipline Crown prosecutors and government lawyers for? In this article, I canvass reported disciplinary decisions to demonstrate that, while law societies sometimes discipline Crown prosecutors for violations unique to those lawyers, they often do so for violations applicable to all lawyers — particularly extraprofessional misconduct. Further research remains necessary on the patterns and incentives underlying law society discipline of Crown prosecutors and government lawyers. Nonetheless, the relative rarity of disciplinary proceedings involving Crown prosecutors and government lawyers does not necessarily mean that law societies are neglecting their statutory mandate as it applies to those lawyers. At the same time, law societies may indeed be overly reliant not only on internal discipline of these lawyers by governments as their employers, but also on criminal proceedings as prompts for investigation and discipline.

‘Legalists and Moralists’ in the Historic Portrayal of the Constitution of the Church of England

The Enabling Act 1919 provided for a new National Church Assembly able to make Measures with the same force and effect as an Act of Parliament. The 1919 Act was without question a constitutional moment with far-reaching effects; and it was about law, not morals: legalists triumphed over moralists. However, it was just one stage in a much longer trajectory of thinking about the constitution of the Church of England. This article, which started life as a lecture to the Ecclesiastical Law Society's day conference on 2 April 2022, takes the story further back – and widens it. It presents the key elements of thinking about the constitution – accidents, continuity, change – in the works of English ecclesiastical lawyers – civilians, common lawyers and clerical jurists – from the Reformation to the Act of 1919. To what extent, if at all, in their understandings of the church constitution, were our historic ecclesiastical lawyers legalists, or moralists, or both? Was the ecclesiastical constitution itself simply a legal category, or did it, and its basics, also have a moral quality? This article explores these questions in relation to: (1) the nature, sources, and purposes of the constitution of the Church of England; (2) legislative, administrative and judicial power; and (3) the rights of the individual enforceable against the decisions of ecclesiastical government. This article is based on a paper delivered to the Ecclesiastical Law Society's 2022 day conference.

Research on the Protection of Rights for Defense Attorneys

In criminal proceedings, defense lawyers, as participants, play a crucial role in safeguarding the legal rights of criminal suspects. They not only serve as advocates for the rights of the accused but also influence the attainment of justice and the development of international legal standards. In the construction of a rule of law society, the value demonstrated by defense lawyers in criminal cases is becoming increasingly significant. This article, starting from the current state of the exercise of defense lawyers' professional rights, provides an in-depth analysis of the existing issues in the exercise of these rights. It further outlines the direction for optimizing the system, considering principles such as the balance between prosecution and defense and the protection of human rights.

Response to ‘“Legalists and Moralists” in the Historic Portrayal of the Constitution of the Church of England’

It is a great challenge to respond as a theologian to Professor Doe's magisterial survey in the article published in the previous pages of this Journal.I was asked to respond to the paper upon which that article is based from a theological perspective as part of the Ecclesiastical Law Society's 2022 day conference. Professor Doe demonstrates how, in the years between Hooker and the Church Assembly, ecclesiastical lawyers had recourse to both ethical, natural law arguments and those purely from legal or even positivistic ones. It is significant to see how frequently the Anglican theorist, Richard Hooker, is invoked throughout the article. He dates, of course, from the Reformation period when, as Harold Berman points out, a pre-Enlightenment jurisprudence still obtained which combined all three dimensions of law – the political, the moral, and the historical. In my view, what is important about Hooker is that he makes no separation between the legal and the ethical because law is divine in origin and even in God himself there is a law of his being: ‘the being of God is a kind of law to his working’ in giving his perfection to what he makes and ‘God is a law both to himself and to all other things beside’. Moreover, the ethical is only realised in what we decide to do and the laws we make. Law in Hooker is even Christological because, just as the Father begets the Logos (the Son), so the law proceeds as his continuing work in creation and history. To walk in God's ways and obey his laws is to be in union with Christ. Hooker was, of course, working out the meaning of the emerging Church of England in the Reformation Settlement, but even the pragmatic is itself participatory in the divine law and he appeals back to the natural law tradition for that reason.

Employment Advocate vs Employment Lawyer: A comparative analysis between New Zealand, Australia, and the United Kingdom

New Zealand is facing a burgeoning number of employment advocates in its legal system, especially since the Covid-19 pandemic. As part of the enactment of the Employment Relations Act (ERA) 2000, New Zealand’s parliament intended that employment disputes be resolved in a non-adversarial and efficient manner that required little legal representation. Employment advocates are meant to meet that need; a relatable agent for an employment litigant that resolves disputes faster and cheaper. However, there have been increasing concerns from the employment judges, the New Zealand Law Society, lawyers and the public about the professionalism and competency of employment advocates. Recent case law questions whether employment advocates can continue to operate without restrictions or an oversight body. This paper demonstrates why some employment advocates operate below the standards expected by the courts and the impact it has on their employment litigants or clients. An international comparison to paid agents in Australia and McKenzie friends in the United Kingdom is also included. This paper recommends that the current operations of employment advocates undermine employment litigants’ access to justice and that New Zealand’s parliament needs to reconsider the role of employment advocates in employment disputes.

IS THERE A PRESCRIBED LENGTH FOR A DECLARATION BY AN APPLICANT AND/OR A PLEA BY A RESPONDENT IN RULE 43(2) AND (3) APPLICATIONS?

This case note investigates the interpretation of Rule 43(2) and (3) of the Uniform Rules of Court. It determines whether there is a prescribed length for such applications and pleas under the Rules. It takes a historical perspective, tracing two contradictory views in case law and considers how the courts have interpreted these two views in their different judgments. Some courts have interpreted the Rules strictly; they have held that such applications and pleas should be brief, succinct and to the point. Others have disagreed with the strict interpretation and allowed prolixity. The input of the legal fraternity (the Cape Bar and the Law Society of South Africa) on the shortcomings of the Rules, and how they could be amended, is discussed. The ruling of the full bench of the Gauteng Local Division of the High Court has answered the question. It has held that there is no one-size-fits-all approach under the rule. Each case must be determined according to its own merits. Simple cases may be disposed of expeditiously, but complicated cases should not be struck off the roll because of prolixity.

Democracy and emergency: finding the constitutional foundation of the knowledgeable state in social dynamics

AbstractThis article aims to bring to light the law–society dynamic relationship in constitutional governance by engaging with the question of political constitutionalism from the perspective of institutional epistemology. It first reframes the debate surrounding legal and political constitutionalism as one concerning the state's ‘epistemic competence’ in governance shaped by the constitution, and then traces how constitutional ordering has given rise to the ‘knowledgeable state’ by setting a unique social dynamic in motion: the ‘epistemico‐political constitution’. Using the example of the World Health Organization's initial response to the COVID‐19 pandemic, a the article presents a two‐part argument. First, constitutional ordering institutes a process of knowledge production embedded in the interaction between the state and society – a unique law–society dynamic – that responds to governance needs. Second, given the current law–society dynamic in the suprastate political landscape, the legitimacy challenge facing expertise‐steered global governance is further intensified as more crisis responses are expected from outside the state.

PATRIARCHY AND THE BILL OF RIGHTS

In this note the writer has deliberately avoided dealing with the heavily contested issues relating to the substantive rights and duties of spouses in marriages as these issues have already been dealt with in recent legislation (see s 6 of the Recognition of Customary Marriages Act 120 of 1998). This Act has incorporated some provisions of the Matrimonial Property Act (88 of 1984). The thorny issue of succession will soon be satisfactorily resolved in terms of the recommendation of the South African Law Commission.This note is about African religion and the role played by the elders in that context. In a recent decision of the Constitutional Court, religion has been defined as a means of giving content to the constitutional value of human dignity in an open and democratic society (see the judgment of Ngcobo J in Prince v President of the Law Society of the Cape of Good Hope 2002 3 BCLR 231 (CC)). There is no general agreement as to what constitutes religion (see the definition adopted by Nafzinger “The Functions of Religion in International Legal System” in Jaris and Evans (eds) Religion and International Law (1999) 158).

Culture a Law As Share Value System Advocate In Enforcement Law

Life nation and society in Indonesia must be based on dimensions of culture so that own value system (value system) is something based on life balance between the interests of society and law, meaning the creation of law aims to guard the interest whole society like done by lawyers. Topic about How the role of the advocate in enforcement law? as well as discuss How analysis culture law as a value system for an advocate in enforcement law? become formula necessary problem discussed and analyzed in writing scientific this. The method of the study This wear kind of juridical normative, that is by conducting a number of studies on regulation legislation as well as references other For can facilitate the explanation process of culture law for advocating in progress enforcement law. Findings from discussion study This found that culture law for advocate in enforcement law is profession independent, free, and responsible answer To become an enforcer required law protection and guarantee from the country so Indonesian lawyers can help in a manner law society in need help law without exists discrimination belief, religion, descent, ethnicity, position social or belief politics.

Legal protection for consumers (A juridical analysis of cosmetic products without halal label)

Along with the advancement of science, human needs have grown and are not limited to food and clothing. Self-care and appearance have also become important, not only for women but also for men. Many people use skin care products to keep their skin looking brighter and healthier. Caring for and beautifying yourself has become a trend. These products are easy to find and provide instant results at affordable prices. However, the Food and Drug Supervisory Agency (BPOM) warns that some cosmetics contain dangerous ingredients if used without a doctor's recommendation. Unscrupulous law enforcement and small fines make economic actors reluctant and afraid to distribute illegal cosmetics due to weak sanctions. The Consumer Protection Act number 8 of 1999 provides legal protection for consumers who experience losses and has a positive effect on the business world by taking action against business actors who break the law and harm society. This is expected to reduce risks for Indonesian consumers from fraudulent acts.

English version of the Final Statement of the III World Meeting of International Law Societies

English version of the Final Statement of the III World Meeting of International Law Societies

JUAL BELI TANAH ADAT PADA MASYARAKAT HUKUM ADAT DESA WANGEL KABUPATEN KEPULAUAN ARU

This Article discusses the sale and purchase of customary land in the Indigenous Law Community of Wangel Village (Aru Islands Regency). The act of free sale of Indigenous Lands has an impact on socio-economic life. A progressive step is needed to anticipate this. So that the issues raised are How to Implement the Sale and Purchase of Customary Land in the People of Wangel Village Customary Law based on Customary Law and what the legal consequences that occur if there is a violation in the Sale and Purchase of Customary Land in the Indigenous Law Community of Wangel Village based on Customary Law. In accordance with the previously mentioned problems, this study is a normative juridical study where the sale and purchase of indigenous land in the Indigenous Law Community of Wangel Village (Aru Islands Regency) is researched through concept approaches, legislative approaches and case approaches. The results of the study showed that the Process of Selling Customary Land has often occurred in the Wangel Village Indigenous Law Community, if there has been a price agreement between buyers and landowners then the buying and selling process will be carried out based on customary law applicable to the Wangel Village Indigenous Law Society. And if there is a violation in the sale and purchase of customary land then the legal consequences are in the form of customary sanctions in accordance with customary law applicable to the Wangel Village Indigenous Law Society

법이 규율하는 사회 개념의 변화

Law is often understood as a system of norms regulating society. However, it is not necessarily clear what the concept of society exactly means in this context. This is because society is not only comprehensive in its meaning, but also pluralistic. Because of this, the meaning of society varies depending on what perspective the concept of society is understood. Because of that, the question of ‘society’ or ‘social’ is sometimes raised. In this context, this article examines how the meaning of society regulated by law has changed, especially the meaning of society regulated by civil law as an example. Traditionally, civil law was understood as a private law that regulates society, especially economic system. The society referred to at that time was a civil society centered on citizens. In this civil society, citizens are identified as free and formally equal persons. Accordingly, various differences that actually exist in society are excluded. Accordingly, civil law tried to maximize the freedom of society by assuming society as such a civil society. However, the civil society project premised on the civil law should encounter some limitations in reality. To respond to this limitations, new thinking models and legal concepts have emerged. Social law is one of examples. Unlike civil law, social law actively reveals the differences that exist in society. In addition, changes in the social structure show that the concept of civil society in civil law is no longer sustainable. This article examines what the social concept regulated by modern civil law meant, and how this social concept is changing today. Through this, it is intended to gain useful implications for discussions on social enterprises, social economy and social values that are emphasized in the context of ESG today.

Considering an Islamic Framework in the Study of Philosophy of History

This article proposes an Islamic framework for the study of philosophy of history, from its object of study, theoretical framework, and its case study of Ibn Khaldun’s thought. This research is based on literature and qualitative research, and it uses the descriptive-analytical methods. This article concludes that philosophy of history is identical to the world of civilization (‘umrān al-‘ālam), and encompasses a whole human civilization. Civilization means an outcome of the dynamic concept, and the civilization mobilizes a pre-civilizational society to have a part in history and generate an appropriate system and ideas. The main method,then, is observing nature and society's laws that control historical events (thabāi' al-'umrān).The study of history, including civilization, can describe things behind an event, not restricted to when, what, and how an event happened, but also explain why it occurred. Therefore, it contains an observation, the effort to find the truth (tahqīq), and deep knowledge of history's substance, essence, and causality. This meaning is rooted in philosophy and deserves to be accounted for as a branch of philosophy.

Blood transfusion at home in HAD (hospitalization a domicile) home hospitals

Blood transfusions can be performed at home if done by skillful teams of HAD (Hospitalization A Domicile) Home-hospitals. They are safely ruled by law and scientific societies.

Secrecy and Impunity: The Role of Law Societies in Canadian Wrongful Convictions

Secrecy and Impunity: The Role of Law Societies in Canadian Wrongful Convictions

Solutions and contemporary ideas regarding the application of psychological knowledge in the judicial process

Law and psychology have a lot in common. Respect for the law is the guarantee of fair justice. Understanding the role and importance of psychology in law contributes to achieving fair justice, but also educating citizens for a society of law. The purpose of this article is to identify contemporary solutions and ideas regarding the application of psychological knowledge in the judicial process that would expand the research field of forensic psychology. For this purpose, three objectives were postulated to specify the impact of judicial theory and practice on psychology, to identify the most "valid" links between law and psychology and to note the newest solutions and ideas. As a result, it is observed that the manner in which justice is carried out has a profound impact on behavior, individual and collective decisions, and, respectively, on the development of psychology as a science. Another result is that the links between law and psychology are multiple, interconnected and complex, and can and should be analyzed through scientific methods.

Usurpation of power under current conditions: political and legal concept

The purpose of the research was to determine the approaches to understand the emergence of the concept of “usurpation of power”. Accordingly, its political and legal nature as a phenomenon is analyzed and the investigation of its influence on the branches of public power is carried out. In addition, the current discussion is examined and the views of some scientists on this issue are criticized and, at the same time, relevant proposals are made. The methodological basis of the research was constituted by the comparative-legal and systemic analysis, the formal-legal method, the hermeneutic method and the methods of analysis and synthesis. As a conclusion it has been established that the development of the rule of law and civil society in Ukraine requires, first of all, ontological integration of the modern and current concept of the rule of law in public institutions and society, along with the observance of legal norms in all spheres of public life and; especially, it demands the prevention of conditions that determine the usurpation of power by civil society, judicial and law enforcement bodies to prevent signs of usurpation of power in public authorities.