Traditional Law Research Articles

The flexibility of Islamic law in the Ganjur tradition in Lamongan, Indonesia

This article demonstrates the flexibility of Islamic family law in the Ganjur tradition in Lamongan, Indonesia, considered unique for allowing women to propose to men. Despite its uniqueness, the Ganjur tradition carries important moral teachings in the context of realizing humanistic and egalitarian family relations. This study is a legal-sociological study using a grounded research model to find evidence of the flexibility of Islamic law in determining the status of the law of the Ganjur tradition. The data required include the history of Ganjur, Ganjur practice, and people's views on Ganjur, which were explored through interviews with twenty informants and Focus Group Discussions (FGDs) with three traditional leaders, three religious leaders, and five traditional actors. To evaluate the data, the maqāṣid syarī'ah approach was utilized. The results indicate that the Ganjur tradition stems from the legend of Panji Laras and Panji Liris (male figures), who received a proposal from Andansari and Andanwangi (female figures). The act of proposing to a man (ngganjur) is considered a source of glory for a woman. Meanwhile, being proposed to by a woman (diganjur) denotes that a man is respected as a companion to his wife rather than dominated by her. The wedding ceremony is fully financed and organized by the woman's family. Following the event, the couple resides with the woman’s family for an indefinite period, until they have acquired sufficient resources to establish their own independent household. The husband and wife hold equal ownership of the family unit and collaboratively manage the household; the wife is not subordinate nor a complement to the husband (koncowingkeng). This study found that Islamic law’s flexibility could uphold the legitimacy of the Ganjur tradition with accurately proposed sharia.

Three-Dimensional Forward Modeling of Transient Electromagnetic Method Considering Induced Polarization Effect Based on Spectral Element Method

The transient electromagnetic method (TEM) is widely used in the exploration of mineral, petroleum, and geothermal resources due to its sensitivity to low-resistivity bodies, limited site constraints, and strong resistance to interference. In practical applications, the TEM often uses a long wire source instead of an idealized horizontal electric dipole (HED) source as the excitation source. This is due to the complex external conditions and the relatively large distance between the receiving zone and the transmitter source. Compared to the HED, the long wire source can provide a larger excitation current, generating stronger signals to meet the requirements of a higher signal-to-noise ratio or deeper exploration. It also produces longer-duration signals, thereby providing better resolution. Additionally, for the interpretation of TEM data, three-dimensional forward modeling plays a crucial role. However, the mature traditional TEM forward method is based on a simple, sometimes inappropriate model, as it is well established that the induced polarization (IP) effect is widely present in the deep earth, especially in oil and gas reservoirs. The presence of the IP effect results in negative responses in field data that do not conform to the traditional theoretical decay law of TEM, which can significantly impact data processing and inversion results. To address this issue, a TEM forward modeling method considering the IP effect based on the spectral element method (SEM) has been developed in this study. Firstly, starting from the Helmholtz equation satisfied by the time domain electric field, we introduce the Debye model with polarization information into the forward modeling by utilizing the differential form of Ohm’s law. As a result, we derive the boundary value problem for the time domain electric field that considers the induced polarization effect. Using Gauss–Lobatto–Legendre (GLL) polynomials as the basis functions, the SEM is employed to discretize the governing equations at each time step and obtain spectral element discretization equations. Then, temporal discretization equations are derived using the second-order backward Euler formula, and the linear system of equations is solved using the Pardiso direct solver. Finally, the electromagnetic responses at any time channel are obtained via SEM interpolation and numerical integration, thereby achieving three-dimensional TEM forward modeling considering the IP effect. The results indicate that this method can effectively reflect the spatial distribution of polarizable subsurface media. It provides valuable references for studying the polarization parameters of subsurface media and performing a three-dimensional inversion of TEM data considering the induced polarization effect.

The Sociological Perspective on The Study of The Living Law: Is It a Part of Legal Discipline or Social Discipline?

The legalistic positivist Civil Law tradition still dominates legal thinking in Indonesia. Therefore, law is often only defined as legislation. Law that is realized in norms is postulated in the form of laws. Whereas outside state law there is also a law that grows and develops in society which has a very effective force. The law is known in the concept of The Living Law which is translated by academics in Indonesia as Customary Law, where the law is realized in the attitude of legal action. Its existence as an embodiment of the original Indonesian Legal system is different from the Civil Law legal system. The problem is when each claims the truth of the law. Meanwhile, if we look at the legislation, the existence of Customary Law as The Living Law is highly dependent on state recognition. Therefore, to understand and explain it brings methodological consequences that use an external perspective. The question that arises is whether the law embodied in the attitude of legal action can be interpreted sociologically? If it can, is this sociological study part of the study in the discipline of law or is it a study of social disciplines? This paper will argue about the importance of an interdisciplinary perspective in the study of legal disciplines, such as the Sociology of Law in the study of The Living Law.

20 Years from Aedo v. Fisco: Is There Still Something of the Old Public Law Nullity?

On November 27, 2000, the Supreme Court decided the case "Aedo v Fisco", which set an important precedent regarding the understanding that traditional doctrine and case law had regarding public law nullity and its scope. After two decades, the question arises regarding the validity of this line of cases. Based on the examination of ten subsequent cases, a brief analysis of the new contours that the Supreme Court has set out regarding the general regime of the action for public law annulment is presented. In light of the evidence provided by the rulings, the author questions the validity of this action as a general mechanism for protecting the rights of the administered, noting the troublesome state of national administrative litigation.

The Role of Administrative Courts in Ensuring the Protection of the Rights of Children of Same-Sex Couples (in the Context of European Law)

The role of courts in the protection of individual and the so-called judicial lawmaking are theoretical issues of a major importance for legal practice (law application), as they concern the answer to the question of what a judge when the statutory provisions, in the opinion of the court, are outdated or insufficient in relation to the factual situation being resolved, due to ongoing alterations in social relations. The aim of the study is to point out the role of administrative courts in protecting the rights of children of same-sex couples. Contemporary phenomena operating on a European scale, such as open borders and migrations, pluralism of lifestyles, or the development in infotech and biotech (also medical technologies), are reflected in legal relationships regulated by various branches of law, including the norms regulating cases falling within the scope of cognition of administrative courts. They are also, inter alia, a source of problems in the title area related to the interpretation of such norms. Case-law can play an important role in both dynamically interpreting the law within social realities, unifying practice and rising the awareness of rights protection. The title subject is presented in the light of European law – primarily in the light of standards and principles of law, the sources of which are: traditions of European states and national law, inter- and supranational regulations and case-law of the European Court of Human Rights (ECHR) and the Court of Justice of the European Union (CJEU). It is worth noting that, as far as EU law is concerned, there has been no harmonisation or unification at the community (or Convention) level in this area due to lack of delegation the relevant competences to the European Union by the Member States. According to the principle of conferral, the Union can only act within the scope of its competence and has only as much competence as the Member States have conferred on it. Thus, all matters not explicitly indicated as EU competences remain under the autonomous regulation of the Member States. However, these title matters fall – indirectly – within the scope of the norms provided for by the Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights – ECHR). The paper shows that administrative courts – which as a rule are to pass conservative and formalistic judgements – are able to refer to the value of flexibility in the law application, when it is necessary to grant protection to the rights of children of same-sex couples.

The Duties that Bind Us

This article aims to draw out some of the key continuities between Confucian and Reformed natural law traditions, the latter represented by John Calvin (1509–64). It seeks to undermine contemporary academic definitions of Confucianism and constitutionalism, which are premised on misinterpretations. The first misinterpretation occurs where Confucian moral theory is viewed overly prescriptively, as being synonymous with legalist orthodoxy. The second misinterpretation occurs where constitutionalism is defined exclusively in terms of its dominant liberal conception. These problematic definitions of the two core concepts reduce the space of convergence between Eastern and Western constitutional frameworks, giving rise to the misleading narrative that they are fundamentally incompatible. With these issues in mind, the article adopts a dialectic interpretive method to read both traditions in light of their historical context and authorial purpose, to see whether such a reading can support some form of duty-based constitutionalism. Ultimately, the article examines Eastern and Western natural law ideas to reveal deeper themes common to both and highlight the normative continuities of two prominent, albeit culturally disparate, constitutional foundations.

Kazakh Traditional Speech Culture (Based on the Film Kyz Zhibek

The Kazakh language has undergone changes under the influence of various internal and external factors and has lost its traditional norm. Therefore, it is important to study what is the traditional norm and culture of speech in the Kazakh language. In this article, the author defines the characteristic features of speech for the Kazakhs through the diction of the characters in the film «Kyz Zhibek». The aim of the article is to find answers to the questions of what was the traditional culture of speech of the Kazakhs, what is the expression of national identity in the language and how it affects the traditional speech culture. The main direction of the article is the problems of language culture in the system of linguistics. The main idea of the scientific work is to determine what was the culture of speech in the traditional Kazakh society, to prove by examples that through the speech the character of the nation can change. The scientific significance of the article lies in the fact that, the impact on raising the level of word formation in the Kazakh language, the development of language culture, stylistics, the practical significance is to show the differentiation of the traditional culture of speech of the Kazakhs, the subordination of the traditional language laws and the definition of the preconditions for proper speech. When writing the article, the methods of scientific analysis, linguostylistic analysis, generalization, comparison and reasoning were used. The material for the study was the film «Kyz Zhibek» filmed by S. Kozhikov in 1972 based on the script by G. Musrepov. The author notes that the main results and the analysis of the article changes everything that is said in the modern Kazakh language: the structure of speech, the way words are pronounced and the sounding, in a society which understands that it is only a question of observing grammatical norms of speech, the risk of losing the specificity of the national language arises. Determines that in the conclusion there is an opportunity to influence the character, the cognition of the person through the speech, the intonation of the speech characteristic of our nation. If language loses its nature, he concludes that language will lead to the change of the nation, the destruction of the national character and finally the destruction of the nation. The value of the article lies in defining the traditional grammatical, ethical and communicative norms of the Kazakh language.

How to regulate minimum wage in light of contemporary social change: A case study of Slovenia

Minimum wage stands as a fundamental right for workers and one of the oldest and most universal labour law standards in the world. Understanding the impact of labour market changes, demographic trends, and migration on minimum wage regulation could offer valuable insights into the future development of labour law institutes. This study focuses on how these trends affect the basic legal concept of the minimum wage and how they are affected by the legal regulation of the minimum wage. It draws upon a case study of minimum wage regulation in the Republic of Slovenia, with particular focus on social dialogue. In Slovenia, the minimum wage is legally determined, granting all employed individuals the right to receive it without differentiation based on domestic or foreign employment and irrespective of age. The right to a minimum wage has also been extended to cover certain non-standard forms of employment. An analysis of the minimum wage framework in Slovenia has shown that, even in the changed landscape of the labour market, traditional labour law institutions remain an important civilisational achievement and value.

Contextualizing, Clarifying, and Defending the Doctrine of Double Effect

In recent years, a number of authors – such as Kershnar and Kelly, Steinhoff, and Scanlon – have criticized the doctrine of double effect (DDE) as incoherent, lacking an underlying rationale, or leading to counterintuitive conclusions. These critiques, however, rest on a failure to understand the DDE’s broader theoretical context and presuppositions. This paper aims to clarify and advance the debate regarding the DDE by, first, outlining a contemporary version of the broader normative theory (i.e. the Aristotelian-Thomistic natural law tradition) within which the DDE finds its proper context, and explaining the rationale for the DDE within this context; second, clarifying the DDE’s proportionality condition to avoid common misinterpretations; and, third, showing how the DDE, when properly formulated and understood within the appropriate theoretical context, can withstand the recent criticisms that have been raised against it.

The Triple Tragedy of Ammu in The God of Small Things in the Perspective of Maslows Hierarchy of Needs Theory

In the novel The God of Small Things, Arundhati Roys heroine Ammus short life is surrounded by multiple tragedies. As a divorced woman from a high caste class in India, the significance of Ammus tragic death is not only the literary aesthetic of the novel that serves to accentuate the conflict of the plot, but it is also a powerful political statement embodying the unlimited downward pressure exerted by the powerful class in Indian society. In this paper, the five-order model of Maslows Hierarchy of Needs Theory is categorised into three levels, namely, basic needs, middle needs and high needs, in accordance with the bottom-up order of the pyramid pattern and is combined with the traditional laws and institutions of Indian society embodied in the text to explore the causes of Ammus tragedy. Through analysing Ammus motives and behaviours of human needs, the readers can intuitively understand the opposition between the growing human needs of Indian women and the multiple ruling interests of the powerful class. In the process of pursuing the fulfilment of her human needs, Ammu, unfortunately, touches and even destroys the ruling pattern on which the powerful class relies, which is the main reason for her tragedy.

The importance of being relational: comparative reflections on relational contracts in Australia and the United Kingdom

The notion of the relational contract, previously limited to academic circles, is now being articulated by some courts. The consequences are threefold. Firstly, these judicial decisions are challenging the conception of agreements in the common law. Secondly, these decisions acknowledge the particularity of some long-term commercial relationships and shift the spotlight onto the relations of the parties. Thirdly, they are being used to integrate obligations to act in good faith. This article will show how these decisions implement the developing theory of relational contracts. The article will discuss recent developments in the United Kingdom and Australia and reflect on the parallel course the two jurisdictions are taking. By providing a bird’s-eye view of normative changes affecting some long-term transactions, the aim of the article is to reflect on how contract law is being reshaped by the recognition that, in some contracts, the relationship, not self-interest, is the vital thing, demonstrating a move away from traditional contract law theory.

Attribution of Liability for Copyright Infringement by Artificial Intelligence Generated Content

As generative artificial intelligence continues to advance, providing an ever-expanding range of functions and applications for humanity, it has given rise to novel forms of torts, with the potential for more to emerge in the near future. Resolving issues of liability hinges on the identification of the responsible party. However, neither Chinese legislation nor academic views have specified rules or a clear and consistent opinion on the liability attribution issue. This paper aims to address this question. Commencing with the premise that artificial intelligence inherently lacks legal personality, this paper systematically examines all relevant subjects who could potentially bear liability for copyright infringement. The legal foundations for each entitys liability are thoroughly analysed. Meanwhile, this article elucidates the principles of attribution of liability, drawing from established theories of traditional tort law and jurisprudential principles while taking into account the special characteristics of copyright infringement and artificial intelligence. In conclusion, in the absence of a clear consensus on determining the liable party, the principle of correspondence between risks, benefits and responsibilities should guide the attribution of liability for copyright infringement involving generative artificial intelligence. This approach will ensure an equitable distribution of losses, responsible burden-sharing, and comprehensive protection of rights.

The ‘Common Law Method’: British Approaches to the Development of International Law

Abstract For better or for worse, the ‘English school’ or ‘British tradition’ of international law has eluded systematization or definition. This article examines the responses of a UK legal adviser, a British judge on the International Court of Justice and influential scholars to a particular case, the Corfu Channel case. In doing so, it is possible to identify clear synergies in the mainstream legal method of British international lawyers. It should not be surprising that this method follows in the common law tradition, displaying its three key hallmarks of connection to social practice, focus on courts and an anti-theoretical tendency. Identity and analysis of these characteristics helps us to understand the distinctive contribution of British approaches to international law and the work this ‘common law method’ has done in strengthening and shaping international law. Identifying these characteristics is also important in order to understand the more problematic implications of their application in the international legal context. The common law method has consequences for the structure and direction of the international legal system, including the parameters of its community, the site of its authority and the role of theory in its development. Reflection on these strengths and weaknesses helps us better understand British contributions to international law. Paradoxically, the route to a more universal international law requires us first to understand the ways in which it is plural.

Analisis Hukum Islam terhadap Tradisi Makkatte Khitan Anak Perempuan Bugis

The Makatte' Tradition of Circumcision for Bugis Girls is a traditional practice that has long been an important part of the culture of the Bugis community in Indonesia. This tradition is believed to be an obligation for all women approaching their teenage years. The aim of this research is to find out the Makatte' traditional law carried out in South Sulawesi from an Islamic legal perspective. The research method used is the normative analysis method, namely investigating facts using Al-Qur'an and hadith reasoning, applicable regulations, and maqāṣid al-syarī'ah theory. The results of this research show that in society, the makatte' tradition has five meanings: as a sign of Islam, custom or culture, a symbol of maturity, cleanliness and health, as well as religious teachings and advice. When this teaching was adopted by the community, the community believed that the series of processions had become a responsibility. Then for those who don't implement it, this will have an impact on social impacts. The Koran does not speak clearly about circumcision for either men or women. Meanwhile, the Hadith, which is the second source after the Al-Quran in Islam, speaks very little about circumcision, so it is interpreted and given the impression of only the approval of the Prophet. Islam as a natural religion certainly upholds natural values. Therefore, Islam prioritizes nobility, purity and cleanliness and perfects all aspects of life.

Archaeological Research at the Jewish Cemetery on Okopowa Street in Warsaw

The paper presents preliminary results of the archaeological research conducted in quarter 1 at the Jewish Cemetery at 49/51 Okopowa Street in Wola in Warsaw in the years 2020-2021, which was carried out in accordance with the guidelines of the Rabbinical Commission for Jewish Cemeteries in Poland, as well as respect for tradition and halakhic law. The results of archaeological work contribute to a better understanding of the history of the entire Warsaw necropolis from the time of its foundation, with a particular emphasis on the late 19th and early 20th century, to the times of the battles fought at the necropolis during World War II.

Care of People with Special Needs between the Prophetic Tradition and Algerian Law: The National Association al-Ṣāber Yanāl for People with Special Needs as a Model

Abstract This study entitled: “Care for people with special needs between the Sunnah of the Prophet and the Algerian law: (The National Association al-Saber Yanal for people with special needs as a model)” discussed the definitions related to people with special needs in linguistic, Qurʾānic and Sunnah context, as well as their definition in Algerian law, while dealing with the most important provisions of the constitution about their rights according to the law 02–09. This study sheds light on their rights in the Sunnah of the Prophet P.B.U.H and had a comprehensive discussion on the difference in their right between the Sunnah of the Prophet P.B.U.H and the Algerian law. The study has also done a field study on al-Ṣāber Yanāl Association for people with special needs in Ouargla (Algeria). The researchers used the inductive approach by extrapolating the hadiths of the Prophet P.B.U.H about people with special needs, and the comparative analytical approach to discuss and analyze the information obtained, and to compare the rights of people with special needs in Algerian law with their rights in the Sunnah of the Prophet P.B.U.H, and the applied approach, which included a field study on al-Ṣāber Yanāl Association, conducted an interview with four (4) members of the permanent members of the association. The study found that the Algerian law is considered a statutory law that falls short of containing the problems and issues of people of special needs, while the Sunnah of the Prophet P.B.U.H was totally the opposite; this is because the law that was legislated was deficient in several aspects and was not studied by qualified officials, and that the good aspects is bad implemented, in contrast to the many rights granted to them by the Prophet’s Sunnah, the most important of which is integrating them into society and making them part of it.

Kajian Terhadap Pembangunan Geotermal Di Pulau Flores Berdasarkan Prespektif Teori Keadilan (John Rawls)

The potential for natural resources is very abundant, especially geothermal energy on Flores Island which is being sought after by investors. Apart from the very diverse diversity of the people. Therefore, the conflict that occurred on Flores Island resulted in rejection of the geothermal development project and how to analyze the protection of the rights of indigenous peoples on Flores Island based on the theory of justice (John Rawls). The research method used in this research is a normative juridical research method. This research is prescriptive in nature, offering a concept for solving a problem (problem solving) and not just descriptive (just to describe something as it is). The data sources used in this research are secondary data collected through literature (documentary research) and legal approaches. Traditional law communities on Flores Island always live side by side with nature. The country is supposed to protect its people through policies that are just and pro-people, but in reality at this time, their lives have been disturbed by the Geothermal Power Plant construction project carried out by the Indonesian government.

Aerial refueling rendezvous routes for UAVs based on nonlinear guide laws

The route fusion rendezvous strategy is mostly used for air refueling within the safety zone, with fewer restrictions on the rendezvous airspace. There are fewer restrictions on the combined airspace. The refueling aircraft follows a set route, and the UAV gradually converges with the refueling aircraft by adjusting its own course. The UAVs gradually merge with the fueler’s route until they track the fueler to a certain distance behind the fueler and synchronize with the fueler’s status. The subsequent docking process is carried out.The fused route design is analogous to the use of missiles to track and strike moving targets. The unmanned aircraft are treated as pursuers moving at high speed. The fueling aircraft are treated as targets moving in a fixed pattern to be returned. The main objective of the convergent route design is to draw on and select appropriate guidance laws to bring the unmanned aircraft close to the fuel tanker. The main objective of the route fusion design is to use and select a suitable guidance law that allows unmanned aircraft to approach the fueling aircraft and achieve autonomous rendezvous. The traditional navigation laws are Pure Pursuit (PP) and Proportional Navigation (PP). The basic idea is to change the speed vector of a drone by varying its size. The difference is that the pure tracking guidance law requires the speed vector of the drone to coincide with the line of sight. In contrast, the example guidance law starts from the fact that the angular rate of rotation of the drone’s speed vector and the ratio guiding law is to keep the angular rate of rotation of the speed vector of the drone and that of the target in a fixed proportion.

The Idea of Obligation in Polish Law

In Western legal tradition jurisdictions, the transition from the Roman idea of obligatio to the doctrine of the legally binding relationship was not a universal process. Anglo-Saxon lawyers discuss contract and tort theories separately. Different doctrines have emerged from the development of the theory of the legally binding relationship in the Civil Law Tradition. This article shows how this process has played out in the Polish legal discussion. The specific premises of the Polish legal experience were that applied Roman law had little influence in Poland until the end of the 18th century, Austrian law served as the foundation for the development of the Polish doctrine of the legally binding relationship, the Polish Code of Obligations of 1933 replaced French, Austrian, German and Russian law on Polish territories, and the development of the Polish theory of private law after WWII was influenced by the dominance of Marxist theory. Consequently, the Polish legal experience provides a particular perspective on the premises supporting or blocking the relationship between the doctrine of legally binding relationships and social reality.

COMPARISON OF CIVIL INHERITANCE LAW AND TOBA BATAK TRADITIONAL INHERITANCE LAW REGARDING THOSE WHO ONLY HAVE DAUGHTERS AS HEIRS

This research aims to determine the position of daughters in the distribution of inheritance based on Toba Batak customary inheritance law. This research contains a comparison of the laws contained in the Civil Code with the Toba Batak Traditional Inheritance Law that lives in society. The research method was carried out in a normative juridical manner using a comparative legal approach. This research uses primary legal sources, namely Legislation and Customary Law. Meanwhile, secondary legal sources are obtained from literature studies using journals or other written research. This literature study also uses sources obtained via the internet, such as expert opinions in webinar videos. Based on research, there are differences in provisions in the Civil Code and the Toba Batak Traditional Inheritance Law. The division of inheritance in the Civil Code equalizes the position of women and men. Meanwhile, in the Toba Batak Traditional Inheritance Law, the position of men is still considered higher than women. This research also shows that there are traditional misunderstandings that cause discrimination against women. In the more traditional Toba Batak Customary Law, women also receive inheritance, but in a different form, for example pauseang.