Law Review Research Articles

Judicial Review and Its Impact on Constitutional Interpretation in India

The judiciary, as a vital branch of government, plays a crucial role in interpreting the law and has the authority to invalidate any law that contradicts the Constitution. Judicial review empowers the Supreme Court and High Courts to assess whether laws and government actions align with the Constitution. If a law is deemed unconstitutional, it is rendered void and unenforceable. This power enables the judiciary to hold the executive and legislative branches accountable, ensuring their actions conform to constitutional principles. Judicial review is an essential component of the Basic Structure Doctrine, acting as a safeguard against potential abuses of power by other branches of government. Often referred to as constitutional review, judicial review has a profound effect on how constitutional provisions are interpreted. This paper seeks to explore the significance of judicial review in shaping constitutional law and interpretation, offering a comprehensive analysis of its role in upholding constitutional governance.

Criminal liability of public transportation companies for traffic accidents caused by vehicle unfitness

This study investigates corporate criminal liability in public transportation accidents caused by vehicle unfitness, a pressing issue in Indonesia’s road safety framework. While Law Number 22 of 2009 on Road Traffic and Transportation (UU LLAJ) aims to promote safety, it predominantly emphasizes driver accountability, leaving corporate negligence largely unaddressed. The research aims to analyze the gaps in the legal framework and propose reforms to ensure corporations are held accountable for their roles in maintaining vehicle roadworthiness. Using a normative legal research design, this study integrates statutory analysis, case law review, and conceptual exploration to examine corporate liability frameworks. Legal theories such as vicarious liability, identification theory, and delegation theory are utilized to conceptualize corporate accountability. Case studies and international legal comparisons provide insights into enforcement challenges and best practices. The findings reveal significant deficiencies in UU LLAJ, including ambiguous provisions and weak enforcement mechanisms, leading to systemic non-compliance. Proposed reforms include stricter penalties for corporate negligence, enhanced vehicle inspection protocols, and expanded legal provisions targeting corporate accountability. This study contributes to the discourse on corporate liability by bridging theoretical principles with practical enforcement in Indonesia’s transportation sector. Its implications extend to policy reforms, road safety improvements, and fostering a culture of accountability within the industry.

Introduction: law in a changing climate

Abstract As societies grapple with mitigating or adapting to climate change, law plays a prominent role in the social relations that constitute a response. In this essay, we briefly review of the many different perspectives on law and climate change offered by the authors in this special issue of Law and Society Review. From transnational human rights activism to constitutional litigation to local practices and all around the globe, both the powerful and the marginalized draw on legal institutions and actors in multiple arenas and at multiple scales to address the consequences of climate change. Together, these articles show that law is not confined to courtrooms or judicial systems or regulations; rather, law offers both limitations and opportunities in the ongoing struggle over climate change.

A Comprehensive Review of Sedition Laws in India: Analysis of Section 152 Of BNS and Section 124 A of IPC

Sedition refers to actions or behaviors that encourage rebellion against the governing authority or sovereign authority. In India, sedition laws were introduced during British rule to suppress opposition to the colonial government. Section 124A of the Indian Penal Code (IPC) punished individuals who voiced dissent or protested against the British. After India gained independence, the sedition law continued to be in place, despite growing concerns over its misuse. The United Nations Human Rights Committee has raised objections, urging the repeal of sedition laws in India to align with international human rights standards. These concerns were particularly highlighted during protests such as those against the Citizenship Amendment Act in 2019, where sedition charges were perceived as a tool for silencing dissent. In December 2023, the Indian government passed a new act replacing the IPC with a new code, the BNS. This revision introduced significant changes to sedition laws, including broader definitions and more severe punishments. Critics argue that while the law aims to protect national security and unity, it also poses risks of misuse, particularly in curbing free expression. Provisions like "subversive activities" remain vague, contributing to ongoing debate and calling for greater clarity in its application. The law continues to attract criticism for its potential to stifle legitimate dissent under the guise of national security.

Copyright protection for AI-generated works: A comparative review of international and Vietnamese laws

Artificial intelligence (AI) is increasingly driving significant advancements in technology and business, impacting a wide range of industries and nearly every aspect of creativity. The growth of AI is fueled by the availability of vast amounts of training data and advancements in affordable, high-performance computing. Since its inception, AI and its outstanding development have produced countless works across various genres and fields, achieving remarkable feats and unlocking vast potential for further exploitation. This phenomenon raises the question of authorship and whether protection mechanisms should be established for AI-generated works. Granting copyright protection to AI-generated works would challenge long-established notions of copyright, which have traditionally been reserved for human creations. This paper reviews the legal approaches and perspectives of leading AI-driven countries, offering an overview of the challenges associated with granting protection for AI-generated works. Moreover, the paper examines Vietnam’s international commitments and analyzes the potential for supporting AI-generated works within its legal framework. Based on this analysis, the paper proposes potential solutions to improve legal rules for copyright protection of AI-generated creations.

Digital Disputes: Minimizing Legal Vulnerability in the Information Age.

This project aims to provide guidance for surgeons' online interactions by reviewing key legal decisions. The Nexis Uni database was queried to search for state and federal case law and law journal articles. Search terms were "social media" AND (facial w/s plastic!) and internet AND advice AND "plastic surgery." The first query returned two cases and a law review article. The second returned 39 cases. The 17 most relevant results were included. On surgeons' websites, increased interactivity or opportunities for the sale of products or services make out-of-state courts more likely to have personal jurisdiction over them. There are also many cases involving plastic surgeons filing defamation complaints against patients who reviewed them negatively online. Success in these cases has been limited. Surgeons are instead vulnerable to the "Streisand Effect," where legal action can bring attention to patient complaints. Unique cross-complaints may require the plaintiff to pay the defendant's legal fees if no defamation is proven. Surgeons who appear on "Top Doctor" lists, publish articles, or otherwise display their expertise may unknowingly make themselves "limited purpose public figures." This adds the burden of proving false patient claims were made "with actual malice" rather than through negligence. This journal requires that authors assign a level of evidence to each article. For a full description of these Evidence-Based Medicine ratings, please refer to the Table of Contents or the online Instructions to Authors www.springer.com/00266 .

PERAN PEER TO PEERLENDING SYARIAH SEBAGAI ALTERNATIF PENDANAAN UMKM

The function of Sharia Peer-to-Peer (P2P) Lending as an alternative funding source to expand capital access for MSMEs in Indonesia is the main topic of this study. The main issue of this study is the need to provide effective, easily accessible, and sharia-compliant funding options to help expand MSMEs, especially those considered unworthy of banking services. The purpose of this study is to investigate how Sharia P2P Lending helps MSMEs obtain funding and offers sharia-compliant investment opportunities. This study uses a literature review method and a review of related laws, such as those issued by the National Sharia Council (DSN-MUI) and the Financial Services Authority (OJK). The findings of this study indicate that Sharia P2P Lending can offer effective, affordable, and easily accessible funding, helping MSMEs develop their businesses and enter new markets. Furthermore, this website provides sharia-based investment alternatives for investors. Taking all of these things into consideration, while still adhering to the principles of Islamic finance, Sharia P2P Lending has the potential to close the funding gap for MSMEs, support the real sector, and advance the country's economy. This study emphasizes how important this financial innovation is in driving the inclusiveness of the Indonesian economy.

Computer Law Review International (CRi)

Computer Law Review International (CRi)

The Role of Women's Crisis Center in Preventing Domestic Violence as an Effort to Create Household Harmony

The title of this article is, the role of the Women's crisis center in preventing domestic violence as an effort to create household harmony, with the background of the role of the Women Crisis Center is considered quite important in assisting victims of violence, especially women, where the Women Crisis Center is often the first place of complaint for women victims of violence. The results of the assistance by the counselor, then the counselor tries to provide assistance when the victim needs a referral to the Police, to the Hospital or Psychologist. The counselor will always accompany the victim until the victim feels able to stand alone or empowered. Some of the problems that often become obstacles to date are in handling cases of violence against women. The problems examined in this article. 1. How is the role of WCC in preventing domestic violence cases as an effort to create household harmony? 2. How does Islamic law review the role of WCC in preventing domestic violence cases as an effort to create household harmony? The type of research is library research, namely research by examining and analyzing data derived from library sources, both in the form of books, papers, magazines, journals and others related to family, marriage and household harmony.... From the results of this study it can be concluded that, The role of WCC in handling cases of domestic violence is in collaboration with legal aid agencies, medical, police, and courts, this cooperation is called a case handling network as an effort to reach cases of domestic violence and sexual violence can be handled and facilitate victims such as safe houses, counseling rooms, to share stories and facilities in the form of legal assistance and family handling while to reduce the number of sexual violence is handled with prevention programs.

The Question Not Presented: Government and Social Media Corruption After Murthy v. Missouri 129 Penn. State Law Review ___ (2025)

The Question Not Presented: Government and Social Media Corruption After Murthy v. Missouri 129 Penn. State Law Review ___ (2025)

INTEGRATING JUDICIAL PROTECTION FOR ENHANCED FEMALE WORKERS’ FUNDAMENTAL RIGHTS IN THE NIGERIAN WORKPLACE ENVIRONMENT

The current discourse on the conception of equality by diverse global social and political forces have impacted the current world focus on the necessity to offer legal protection to those considered vulnerable in the workplace. Matching side by side – almost to a hitherto unmatched degree in labour law, are the models of judicial backing and transnational labour standards established in many foreign jurisdictions. All over the world - Nigeria inclusive - female workers are considered as part of the vulnerable person in the society requiring greater protection, especially in the workplace. In Nigeria, this category of workers, on account of their multiple natural and societal responsibilities as wives/mothers, are often exposed to various human rights breaches, which inevitably gives rise to the need for legislative and judicial guarantees against derogation of rights and diverse forms of abuses in the workplace. This paper, adopts desk-based method in examining various forms of female employees’ rights that are often violated at the workplace, the precipitants of the violation and as well as assess the adequacy or otherwise of statutory protection provided. The paper primarily focuses on the adequacy of judicial efforts directed at the reduction in the violation of female employees’ rights in workplaces in Nigeria this is achieved through an evaluation of selected decisions of Nigerian courts particularly, the National Industrial Court of Nigeria (NICN) and the Court of Appeal (CA) on the matter. The study discovered that, surprisingly, some of female employees’ workplace fundamental rights violations are provided statutory fillip as well as cultural nourishments. Further, that Nigerian courts, particularly the NICN and the CA have frowned at such violation and have provided judicial solatium in the form of award of damages to identified victims, even though, oftentimes the damages awarded do not have deterrent effects on account of their paltry nature. The paper makes some vital recommendations which are both immediate and futuristic. The immediate recommendation is the award of punitive damages by the court to achieve deterrence while for the future, a review of obsolete law for an egalitarian and comprehensive protection should be considered.

Tinjauan Hukum Islam Terhadap Prosesi Mangngesse’ dalam Tradisi Masyarakat Pattae’ di Desa Batetangnga Kecamatan Binuang

This research discusses 1) Procession Mangngesse’ on the traditions of the Pattae' community in Batetangnga Village 2) Review of Islamic Law regarding Processions Mangngesse’ in the traditions of the Pattae' community in Batetangnga Village. This type of research is qualitative research with a focus on field studies (field research). The approach method used is a sociological approach and a normative theological approach (syar'i). Data was collected using observation, interviews and analysis methods. The data that has been collected is then analyzed qualitatively, namely by reducing the data, presenting the data, then connecting theories related to the problem and drawing conclusions to determine the results. The research results show that Procession mangngesse’ in the community tradition pattae' is considered as thanksgiving, tolak bala, and a prayer for safety. Procession mangngesse’ In community tradition, pattae' has religious and ritual value, which brings together Islam and local culture. Judging from a review of Islamic law regarding processions mangngesse’ it is permissible to do it or the law is Mubah, meaning it is permissible during the procession mangngesse’ is still in line with Islamic teachings and does not deviate from Islamic teachings. Procession mangngesse’ can be done and defended in society. Procession mangngesse’ in line with ‘urf, the rules of Al-‘Adatu Muha}kkamah and Maq>as}id Shariah. The process mangngesse’ contains Islamic values ​​which are expressed in the procession which has symbolic prayers, and the nuances of Islam are felt strongly in its presence fuck me and barazanji.

The Effectiveness of Sharia Economic Dispute Resolution in the Commercial Court related to Sharia Bankruptcy after the Constitutional Court Decision No. 93/PUU-X/2012 concerning Legal Certainty in the Settlement of Sharia Banking Cases

This research aims to identify the sources of material and formal law applied in the settlement of sharia economic disputes, evaluate the effectiveness of its implementation, and analyse the obstacles faced by religious courts at various levels. The data used includes cases in several religious courts and commercial courts in Indonesia in the period 2014-2020. This research uses a qualitative method with a descriptive-analytical approach. Data were collected through document studies, interviews with religious court judges, and a review of relevant laws and regulations. Analyses were conducted to evaluate the application of material and formal law in dispute resolution, as well as to identify obstacles faced by religious courts in practice. The results of the study show that the material legal sources used in resolving sharia economic disputes include the Qur'an, Hadith, DSN-MUI fatwas, laws and regulations, and jurisprudence. Formal legal sources still depend on HIR/RBg as well as special regulations such as PERMA No. 14 of 2016. The religious court institutionally has shown readiness by increasing human resources, applying technology through e-courts, as well as efforts to provide technical guidance and certification of sharia economic judges. Religious courts have great potential to become the main institution in resolving sharia economic disputes. Improving regulations, codifying procedural law, and establishing sharia commercial courts in the future are needed to ensure legal certainty and efficiency of the dispute resolution process.

TINJAUAN HUKUM ISLAM TERHADAP ARISAN BARANG DI DUSUN SEMBERANG I DESA SUMBER HARAPAN KECAMATAN SAMBAS

The purpose of this study is to explain the implementation of arisan barang in Dusun Semberang I, Sumber Harapan Village, Sambas District, and the Islamic law review of the implementation of the arisan. The study employs field research, which involves conducting direct fieldwork to gather firsthand data from locations associated with arisan barang activities. The method used is a descriptive method, namely describing or depicting the condition of the subject or object of research based on the facts that appear. The results of the study indicate that the implementation of arisan barang is carried out based on an agreement, namely the submission is only for members who will hold a wedding or tepung tawar event a month before, by reporting to the chairman, and can be paid by members with money or goods. In this arisan barang, no usury practices were found. All members did not object and even felt happy and helped by the arisan barang activity. There is a sense of mutual assistance among residents, no coercion, and no element of taking advantage, so this arisan barang is said to have fulfilled the principles of Islamic muamalah, and its law is halal.

An Analysis of Wahbah Az-Zuhaili's Views on Interfaith Marriage and Its Implementation in Indonesian Legal Context

Marriage is a very important need in family and a social life that is pleasing to Allah, therefore in choosing a husband and wife, Islam strongly recommends that everything be based on religious norms so that the life companion has commendable morals, there is no balance to a belief. However, the problem is that it is forbidden for Muslim men to marry polytheistic women and marriage between Muslim women and infidel men. Meanwhile, Wahbah Az-Zuhaili's opinion that Muslim men and women are different from the opinions of other scholars. This research is with the formulation of the problem: How does Wahbah Az-Zuhaili think about interfaith marriage and how is the review of Islamic law about interfaith marriage in Islamic law thinking according to Wahbah Az-Zuhaili. This research is a type of library research. whose research object is the opinion and legal istinbath used by Wahbah Az-Zuhaili. The data collection method of this research uses a method of collecting legal materials, journals, and so on. The data analysis is qualitative, that is, the analysis is carried out by grouping data, presenting the results of the analysis in the form of a narrative, and drawing conclusions. Based on the results of this study, Wahbah Az-Zuhaili knew that it is forbidden to marry a Muslim man to a polytheistic woman, interfaith marriage, a Muslim woman to an infidel man, marriage between a Muslim man and a woman who is an expert in the book. The legal identity used by Wahbah Az-Zuhaili himself is QS. Al-Baqarah Al-Mumtahanah Al-Maidah. But the woman whose books are referred to is only the descendants of the children of Israel who still hold fast to the original book that was handed down to the Prophet Moses and the Prophet Jesus AS. As a defect, the prophets Moses and Jesus were sent only for the Bani Israel.

PRAKTIK JUAL BELI IKAN DAN PROBLEMATIKA PENAKARANNYA DI PASAR SAYANG-SAYANG PERSPEKTIF HUKUM EKONOMI SYARIAH

This research was motivated by the large number of traders at the Sayang- Sayang market who sell fish but some of them still do not fulfill the terms and conditions of buying and selling. Such as reducing the weight of fish scales so that one party suffers a loss because they are not honest in their buying and selling transactions. The focus studied in this thesis is (1) What are the factors that cause sellers to cheat in fish buying and selling measurements? (2) How does sharia economic law review the practice of buying and selling fish? The type of research used in this research uses qualitative research. The data collection methods used were observation, interviews and documentation. The analytical method used is qualitative analysis in the form of data reduction, data display, and drawing conclusions. The results of the research show (1) The factors that cause traders to cheat in buying and selling fish using a measuring system are lack of knowledge and understanding regarding appropriate scales, lack of socialization from the government, lack of public awareness of the role of religious figures regarding scales that are in accordance with Islamic law. (2) the practice of buying and selling fish using this measuring system partially meets the requirements for legal buying and selling. However, there are also some who have not fulfilled it. One of the buying and selling conditions that has not been fully fulfilled in the practice of buying and selling fish using this measuring system is the lack of clarity in the goods being traded in terms of substance, form and level.

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

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

A Comparative Analysis and Development of Legislative Regulatory Framework of Naturopathy and Traditional Medicines Practices in Southern Africa Region

Objectives: Law and policy are critical instruments for enhancing health systems. The development of modern medicine relies heavily on stringent laws and policies. Additionally, the legislative framework for naturopathy and traditional complementary alternative medicines emphasizes the registration of both products and practitioners. This paper aims to examine the legislative regulatory framework governing naturopathic practices and other traditional complementary medicines in the Southern African region. Methods: This study involves a comprehensive review of various health laws and policy documents across Southern African countries. A country-specific analysis is conducted using keywords such as "naturopathic law," "naturopathic medicine practice," "legislation," "traditional medicine act," "alternative medicine act," and "healthcare laws." Results: The findings indicate that Southern African nations have well-established laws pertaining to naturopathy, as well as distinct regulations for traditional medicine. These countries recognize naturopathy and other complementary therapies as part of allied health professions. Moreover, there is a minimum educational requirement for registration as a traditional medicine healer, which applies to alternative complementary medicines. Conclusions: The research reveals that specific laws regulating naturopathic practice exist in Southern African countries. This commentary on the legislative regulatory framework for naturopathic and other traditional complementary medicines aims to inform public health decisions in Africa.

LEGAL ASPECTS OF INVESTOR PROTECTION IN SERBIA

Investor protection is a key element in creating a favorable business environment and attracting foreign and domestic investments. This scientific paper analyzes the legal aspects of investor protection in the Republic of Serbia, with special reference to the legislative framework, institutional mechanisms and international agreements that regulate this area. This paper deals with identifying the legal challenges that investors face, as well as the existing mechanisms that ensure their protection. Through the analysis of domestic and international legal frameworks, the goal is to point out the importance of further improvement of legal solutions and strengthening of institutional support for investor protection. The paper further discusses the role of international arbitration in the settlement of investment disputes. The purpose of this paper is to investigate the legal aspects of investor protection in the Republic of Serbia, with a focus on the compliance of domestic legislation with international standards and practices. In this paper we use a legal-analytical methodology, which includes a review of relevant laws, an analysis of institutional mechanisms for investor protection, as well as case studies from court practice and arbitration proceedings. The research results show that, although there is a solid legislative framework, certain legal risks still remain, especially in terms of law enforcement and the protection of investors' rights in practice. Recommendations include further strengthening of institutional support and improvement of transparency in the settlement of investment disputes. The conclusion of the paper emphasizes the need for continuous adjustment of the legal system in order to further improve the protection of investors and ensure a more favorable investment environment in Serbia.

Tinjauan Hukum Keluarga Islam Terhadap Tradisi Ngakuk Salah dalam Perkawinan Adat Komering di Kabupaten Ogan Komering Ulu Timur Sumatera Selatan

Weddings in the Komering tradition have many processions starting from before the wedding to after the wedding. One of Komering's traditional traditions is to confess falsely. Ngakuk Salah is taking a woman with the condition of giving her juadah (glutinous rice cake). The tradition of admitting one's mistakes has been around since ancient times. Most people don't know when the ngakuk salah tradition existed, because this tradition is inherited from their ancestors, they still carry out this tradition even though the ngakuk salah tradition in its implementation is not like marriage in general. The problems observed in this research are how the practice of the ngakuk wrong tradition in Komering traditional marriages in Ogan Komering Ulu East Regency, South Sumatra, what is the impact of the ngakuk wrong tradition in Komering traditional marriages in Ogan Komering Ulu East Regency, South Sumatra and a review of Islamic family law on the ngakuk tradition wrong in traditional Komering marriages in East Ogan Komering Ulu Regency, South Sumatra. The method used is a qualitative method, namely a method of producing descriptive data. Researchers use data collection including: observation, interviews, and documentation. Based on field findings, the conclusion of this research is that the first traditional practice of ngakuk is wrong in Komering traditional marriages in East Ogan Komering Ulu Regency, namely rasan tuha (negotiation of certainty). Second, determine the certainty of wrongdoing by the male family by bringing ½ can of juadah (sticky rice cake) or 7.5 kg. The third implementation of ngakuk salah is at the man's residence and is carried out on the main road until the wedding ceremony is finished. The impact of the tradition of confessing wrongly in traditional Komering marriages in East Ogan Komering Ulu Regency is that if a married woman cannot receive inheritance and adoq from her parents. Another impact that occurs from this wrongful marriage is that there is no longer any family relationship or position of the children to their parents and if the husband and wife have divorced or are divorced according to customary law then they are allowed to return to their families. This review of Islamic family law regarding the practice of wrongful confession traditions in Komering traditional marriages in East Ogan Komering Ulu Regency does not conflict with Islamic religious norms and customary law because it must still follow the rules in Islamic law as well as in customary law.