Legal Advice Research Articles

Detention by Non-State Armed Groups under International Law By Ezequiel Heffes *

In this iteration of the Review's “Beyond the Literature” series, we have invited Ezequiel Heffes to introduce his recent book Detention by Non-State Armed Groups under International Law, before then posing a series of questions to Tilman Rodenhäuser, René Provost, Mariana Chacón Lozano and Katharine Fortin, who have agreed to serve as discussants of the book. Tilman Rodenhäuser is a Legal Adviser at the International Committee of the Red Cross (ICRC), with particular expertise in non-State armed groups (NSAGs) and detention. René Provost is the James McGill Professor of Law at McGill University and has written extensively on public international law, including his recent monograph Rebel Courts: The Administration of Justice by Armed Insurgents.1 Mariana Chacón Lozano has served as the Operational Legal Coordinator for the ICRC in Colombia since October 2020 and has worked for the ICRC since 2011. Katharine Fortin is Associate Professor at the Netherlands Institute of Human Rights within the Faculty of Law, Economics and Governance of Utrecht University. The Review team is grateful to all four discussants, and to Ezequiel, for taking part in this engaging conversation.

A Comparative Study Between Indonesia and Malaysia on the Role of Notaries and Advocates

<p><em>This research aims to compare the roles of notaries and advocates in Indonesia and Malaysia. The urgency of this research is to provide better insight into the topic. The novelty of this research lies in the comparative approach offered in this analysis in the legal context of Indonesia and Malaysia. This research uses a qualitative approach with data sources in documentation and observation. The analysis tool chosen is Nvivo 12 Plus. The findings of this study succeeded in identifying striking similarities and differences in the roles of these two professions. The main similarity in the role of notaries in Indonesia and Malaysia is the function of legalizing and enforcing the validity of legal documents. Notaries in both countries certify documents and ensure compliance with applicable laws. However, the most significant difference lies in the two countries' scope of duties, legal authority, and notary education systems. The main similarities in the role of advocates in Indonesia and Malaysia include legal representation, providing legal advice, and filing legal documents. However, the main differences relate to the scope of the case, legal system, educational requirements, legal language, and legal culture. This shows differences in the two countries' legal contexts and legal demands. Thus, the roles of notaries and advocates in Indonesia and Malaysia have basic similarities in legalizing documents and legal representation but significant differences in the scope of duties, legal authority, education system, and legal and cultural context. </em></p>

Juridical Analysis Of Suspect Determination Procedures Police Investigators Against Criminal Offenders (Research Study In Barelang Police)

The determination of a suspect must be in accordance with applicable legal provisions based on 2 (two) valid pieces of evidence, namely witness statements obtained by the investigator, expert statements obtained by the investigator, letters, and instructions for each piece of evidence obtained by the investigator through an in-depth examination. The investigator's coercive actions must be carried out responsibly according to the law and legal provisions so that arbitrary actions do not occur against the suspect's freedom, independence, and human rights. The problem in this research is the law, implementation, and what factors become obstacles and obstacles in the process of determining suspects for perpetrators of criminal acts. This research uses a descriptive analysis method using a normative approach (legal research) and is supported by empirical research. This was carried out to obtain primary data obtained through interviews through field research. The results of this study explain that the Criminal Procedure Code (KUHAP) has clearly and firmly regulated matters relating to the rights of suspects. The rights of suspects regulated in the Criminal Procedure Code are Priority Rights for Case Settlement, this has been emphasized in Article 50 of the Criminal Procedure Code (KUHAP) which reads: a) A suspect has the right to immediately be examined by investigators, then can be submitted to the Public Prosecutor. b) The suspect has the right to immediately bring his case to court by the public prosecutor. c) The accused has the right to be tried immediately by the Court., The right to prepare a defense, the right to get an interpreter, and the right to choose their own legal adviser The purpose of this right is to get legal counsel in accordance with the provisions of Article 54 of the Criminal Procedure Code for suspects. For this reason, it is expected that in determining the suspect to have qualified investigators they pay attention to the following matters: Have general knowledge, Knowledge is quite broad, where Investigating Officers are required to have knowledge that is quite extensive, Confident in themselves. Investigating Officers must have high self-confidence, have character, be professional, understand psychology practically, be brave, honest, talented actor, wise, alert, and experienced. Courage, honesty, wisdom, and vigilance are needed in the examination process by an investigating officer. Experience Investigating officers must be experienced in order to master psychology/psychology and be able to act in acting is also very important to have.

Legal Strategies at the Governance Precipice: Transnational Lawyers in the European Union’s Sovereign Debt Crisis (2010–2012)

How do transnational lawyers valorize their expertise in a political and economic crisis? This article argues that knowing how transnational lawyers valorize their expertise is critical to understanding how transnational law evolves and affects society, especially when existing legal frameworks prove to be inadequate and novel practices must pave new paths. Using the acute phase of the Eurozone crisis between 2010 and 2012 as an empirical case, I examine how European Union (EU) legal agents constructed a framework that accommodated the uncertainty of governing a crisis while also mediating the contentious politics between EU Member States. The analysis shows that as intergovernmental bargaining dominates Eurozone crisis governance, EU legal advisors intervene to reconcile these bargains with the EU legal order using novel practices that simultaneously valorize their legal expertise. These practices in effect engender a high degree of interdependence and interconnection between the EU legal order and several intergovernmental arrangements—especially the European Stability Mechanism—leading to the creation of a unique form of EU governance: semi-intergovernmentalism. This article contributes to debates on legal globalization by empirically examining how transnational legal agents valorize their expertise through strategies directed at defending their autonomy while protecting the normative coherence of their transnational legal order: the EU.

Kewenangan Jaksa dalam Melakukan Perampasan Aset Terdakwa Korupsi

Research on the authority of prosecutors in confiscating assets of corruption defendants, because returning state assets to Corruption Eradication is difficult. In fact, corruption causes a lot of losses to the country. Even though criminal procedures have been made to save state assets, but it hasn't worked yet. Therefore, returning the assets of Corruption perpetrators can save state assets. The authority of the Prosecutor's Office plays a very important role in this effort. Research problems regarding the authority of prosecutors in confiscating assets of corruption defendants, the authority of the Prosecutor's Office to address the issue of returning state assets. Legal research method with a statutory approach. The result is that after the Corruption Eradication results there is a return of state assets, namely, there is a court decision. The legal basis for return is stated in Article 18 UU.31/1999 jo UU. 20/2001 Corruption Crimes, by summoning the convict, family and legal advisors by the Prosecutor regarding the stages, implementation of the return.

Framing Moroccan Judiciary on tv Dramas: a Public Asset under Constraints

Abstract An efficient, impartial, and independent judiciary is a major demand for Moroccan citizens. In online advocacy, citizens denounce the flawed judiciary, sometimes virally circulating content on its corruption and susceptibility to interference. On tv, non-fiction programs respond to frequent requests for legal advice from audiences. Meanwhile, dramas employ frames that reflect codes on how society should perceive the judiciary and the rule of law. This article assesses the dominant frames of the judiciary on tv dramas. Two programs, Moudāwala and Al-Māḍī Lā Yamūt, are selected based on their relevance and popularity. The qualitative analysis of these programs incorporates character and narrative portrayals into thematic and frame analyses. As the two programs illustrate judicial struggles from within and without, they exemplify portrayals of the legal system that uncover discrepancies between normative practices and ruthless realities. The judiciary’s dominant frames focus on individual solutions and blame citizens for ignoring judicial texts or institutions. Frames reflect how media avoid watchdogging the judiciary and extend, directly or otherwise, hegemony over both the judiciary and the media.

Problems of prosecution for crimes against environmental security in the conditions of martial state

Purpose. To conduct a study on the problematic issues of prosecution for certain offenses (crimes) related to environmental safety, conduct a study on the criminalization of violations related to environmental safety under martial law. To develop proposals for improving the norms of current legislation in this area. Methodology. The methodological basis of the study is a system of general scientific methods and approaches that provide an objective analysis of the subject under study. Findings. Taking into account the need to properly record the damage caused and obtain an evidentiary base for both national courts and international judicial authorities, it is expedient to urgently develop “Methods for determining damage caused to the natural environment as a result of armed aggression”, which should be approved by a resolution of the Cabinet of Ministers of Ukraine. This will allow obtaining an effective bylaw as quickly as possible. Also, in our opinion, it is expedient to develop the Law of Ukraine “On Establishing Damages Caused by Armed Aggression Against Ukraine” to provide in a broader scope both the appropriate methodology for fixing damages and the circle of authorized persons who can fix such damages. Additionally, it is necessary to provide for the obligation of local self-government bodies to carry out an environmental audit in the territories where hostilities are not taking place, or immediately after their end, with the aim of the fastest fixation of environmental damages and the circle of persons who caused them. Originality. New aspects of the issue of prosecution for crimes against environmental safety in martial law conditions were analyzed on the basis of the analysis of the domestic legal framework, reports and analytical conclusions of representatives of law enforcement agencies of Ukraine, as well as international treaties ratified in Ukraine, and proposals aimed at improving the norms were substantiated current legislation. Practical value. The results of the research are important for legal advisers, practicing lawyers and advocates, teachers and scientists engaged in the research on the relevant issues.

Legalitas Honorarium Advokat Dalam Hukum Positif dan Hukum Islam

This article begins with the current legal aid phenomenon. Advocates as legal advisors and defenders of clients' interests in resolving legal cases. In an effort to resolve a legal case, advocates receive compensation/services for providing legal assistance in a case being faced by a client. This honorarium for advocates is certainly in the public spotlight nowadays, whether this honorarium has clear legality in positive law or Islamic law, because there are cases of advocates who do not comply with legal norms when defending several criminal cases. The research method is normative juridical, namely examining regulations and combining them with other theories as a tool in uncovering the problem of the legality of advocates' honorariums in the context of state law and Islamic law, especially with a statute approach. The findings in this research are that the legality of advocate honorariums is stated in the Compilation of Sharia Economic Law Article 307 and Law no. 18 Yr. 2003 concerning Advocates Articles 21 and 22 in terms of determining the costs of legal aid services. Because all of these legal bases stipulate that the determination of costs in the legal process with an advocate is based on an agreement between the client and the advocate. Keywords: Legality, Advocate Honorarium, Positive Law and Islamic Law.

Introduction: Everyday Verbal and Cultural Practices of the Russian Speakers Abroad

Abstract The Russian-speaking space plays an important role for diasporans: starting a business, founding a company, seeking legal advice, or high-quality medical treatment is always more convenient when participants understand the nuances of communication in a common language. It facilitates the understanding of highly specialized fields such as legislation and medicine. In business, it makes presumptions and expectations transparent, and common values allow the quality scale to be defined and shared. The sphere of activities conducted in the diaspora in Russian depends on the contingent of immigrants: their education, career aspirations, and interests. Integration in a new society is closely linked to the level of language proficiency in the local language/s and also in English as the lingua franca of science, commerce, and entertainment. Yet, Russian often competes with the other languages and serves as a unifying factor for communities with a background in the former Soviet Union. In the present special issue, the authors combine sociolinguistics and linguistic anthropology while analyzing the everyday verbal and cultural practices of Russian speakers abroad. Observations of communication in immigrant groups reveal the cultural potential of the speakers as reflected in their discourse. They demonstrate a variety of lifestyles and practices, but have a strong sense of cultural identity.

Towards a higher-order knowledge of law in the built environment: Delphi analysis of a quantity surveyor's scenario-based legal advice

PurposeThis study is carried out to evaluate how well legal knowledge can be demonstrated by a built environment professional via the scenario-based approach to the learning of law modules.Design/methodology/approachA Delphi analysis of the advice provided by an MSC quantity surveying student, on a scenario-based legal problem arising due to a property contract, is carried out. The tendered legal advice was submitted as part of the assessment requirements for an MSc law module, following the university criteria, after the teaching of a law module. The student report, which attained an A-grade, and the assessment criteria used for marking/grading by the university were subsequently sent to 18 practicing lawyers, who were selected to constitute an expert panel, to independently judge the extent of legal knowledge demonstrated in the student report.FindingsThe Delphi analysis outcome showed that the expert panel holds a similar consensus view to the university on the level of legal knowledge demonstrated and by extension the effectiveness of the law module in imparting legal knowledge to a non-lawyer. The study outcome shows how well legal knowledge can be acquired and applied by a non-lawyer, within the context of the built environment, via scenario-based teaching of a law module.Originality/valueThis study serves as a preliminary step necessary to arouse further research toward empirically profiling the current outlook of a wider range of graduating students receiving scenario-based legal education in the built environment.

Penyuluhan Hukum: Kajian Yuridis tentang Hukum Pidana Mati, Pembenahan dan Dampak pada Masyarakat di Fakultas Hukum Universitas Tjut Nyak Dhien

The death penalty is a problem issue that contains many controversies, For this reason, through this subject matter grew ideas or ideas to be more detailed so as to get data so that in this service by conducting legal counseling using research methods in the form of research techniques using normative law, specifically, analysis-based research approaches to theories, concepts, and reviewing laws and regulations related to the theme this devotion. Many people's views that the death penalty is the final verdict in court where they consider the execution of the death penalty shall constitute a direct sanction. So it is necessary to improve the death penalty, so that everyone with different statuses knows and understands it so that everyone can have equal access before the law. With the availability of legal advice activities on the death penalty at the law faculty as an implementation of the program of knowledge contained in the curriculum of the faculty of law, Tjut Nyak Dhien University, so that students are expected to understand the legal provisions and implementation of the death penalty and its effect on human rights.

Managerial decisions in syndicated lending

The syndicated lending market is one of the main financing sources for the development of the Russian economy. This article is dedicated to the processes managerial decision-making within the framework of syndicated lending transactions by borrowers, lenders and investors. Thanks to the use of market tools, borrowers get the opportunity to form an optimal structure for solving various tasks of corporate finance. Taking into account the adoption of managerial decisions by borrowers, the analysis of the following options for such decisions is presented: the choice of a bank for the role of a credit manager and the appointment of a legal adviser to the borrower. Lenders of syndicated lending transactions, making decisions on participation in transactions in the primary syndicated lending market, use the opportunity to share the specialized risks of syndicated transactions within the syndicate. Decisions that are made by the lenders include determining the commercial terms of participation in a syndicated loan in the primary market and approving these terms in accordance with the bank’s business processes. Investors active in the secondary syndicated lending market form their portfolios by making decisions regarding the following financial parameters of their transactions: the amount of the acquired/assigned interest in the syndicated lending participation and the transaction price. The paper concludes The article concludes that it is important for syndicated lending market participants to make optimal decisions, taking into account the role of market instruments in financing development projects of Russian corporations.

Gospodarka finansowa samorządu radców prawnych – charakterystyka i propozycja klasyfikacji regulacji ustawowych

The National Bar of Attorneys-at-Law is one of the self-governing professions of public trust, the establishment of which is provided for by the Constitution of the Republic of Poland, defining their functions. Financial economy is the material basis and tool for carrying out the statutory tasks of the self-government of legal advisors. Among the tasks of the National Bar of Attorneys-at-Law, a significant range are tasks of a public nature, which comprise the constitutionally defined functions of the self-governments of public trust professions. It would appear from the aforementioned that the statutory regulations on the financial economy of the National Bar of Attorneys-at-Law are of importance not only to the self-government and its members but also to individual entities, society, and the state. The norms contained in the Act on Attorneys-at-Law relating to financial management are not extensive, and at the same time they are internally diverse, which justifies this classification. The basic categories of statutory regulations on the financial economy of the National Bar of Attorneys-at-Law relate to the determination of sources of funding for its activities, authorizations for self-government bodies to issue intra-governmental acts on financial economy, budgets, and bodies with authority to implement and control financial economy. Due to the complex nature of the matter of financial economy, it is not possible to create completely separate divisions, and there are common elements between the proposed categories. Statutory regulations on the financial economy of local government do not completely regulate this economy and are to a significant extent supplemented by intra-governmental legal acts issued by local government bodies on the basis of the Act.

Protect Jewish students from antisemitism, discrimination

Earlier this year, the Office for Civil Rights published a fact sheet focused on how colleges and universities can protect students from discrimination related to “shared ancestry or ethnic considerations” (bit.ly/3iPfyZP). Campus Legal Advisor covered this fact sheet in‐depth in our March 2023 issue (bit.ly/48gwhdu).

‘With the law behind us’: Resource mobilisation and legal repertoires in the Peruvian labour movement

In contrast to the emphasis placed on the links between political parties and trade unions in many Global South labour studies, this article underscores the importance of analysing the role of legal advisors in labour dynamics. Focusing on the Peruvian experience, the author examines how legal advisors leveraging their networks and expertise have replaced activists as crucial players in a period of crisis in the country’s political party system. Based on extensive field research with trade unions and lawyers, the study highlights how this shift has influenced three interrelated aspects of labour strategies: the development of norms within the organisation, the framing of challenges faced by unions, and the choice of mobilisation repertoires, which have increasingly centred on legal proceedings rather than public demonstrations. The article explores the empirical and theoretical implications of these findings for labour studies in Latin America.

Information disclosure and pricing in the online expert service platform

The online expert service (OES) market is thriving by providing convenient professional services such as telemedicine consultation, legal advice, and financial planning. However, the practical phenomena, namely information asymmetry and the existence of naive consumers in the OES industry, motivate us to investigate how consumers’ two-dimensional heterogeneity and the expert’s agency pricing strategy with effort costs affect the OES platform’s information disclosure decision and corresponding market outcomes. By building a game-theoretic model, we consider the monopolistic OES platform in which the expert provides service to a mass of consumers, who can be either sophisticated or naive. The platform, as the designer of the disclosure framework, is thus an additional player in the seller-consumer game. Our results show that, when the marginal cost is intermediate, the platform strategically manipulates consumers’ valuation beliefs with partial disclosure to increase profitability without significant loss of market coverage. Furthermore, when naive consumers exist, the platform counter-intuitively discloses more information compared to that of all sophisticated consumers. Moreover, interestingly, when the marginal cost is low-to-intermediate, more naive consumers bring about more disclosure and thus obtain more demand for high-end sophisticated consumers, making both the expert and platform better off.

Examining the Supports and Advice That Women With Intimate Partner Violence Experience Received in Online Health Communities: Text Mining Approach.

Intimate partner violence (IPV) is an underreported public health crisis primarily affecting women associated with severe health conditions and can lead to a high rate of homicide. Owing to the COVID-19 pandemic, more women with IPV experiences visited online health communities (OHCs) to seek help because of anonymity. However, little is known regarding whether their help requests were answered and whether the information provided was delivered in an appropriate manner. To understand the help-seeking information sought and given in OHCs, extraction of postings and linguistic features could be helpful to develop automated models to improve future help-seeking experiences. The objective of this study was to examine the types and patterns (ie, communication styles) of the advice offered by OHC members and whether the information received from women matched their expressed needs in their initial postings. We examined data from Reddit using data from subreddit community r/domesticviolence posts from November 14, 2020, through November 14, 2021, during the COVID-19 pandemic. We included posts from women aged ≥18 years who self-identified or described experiencing IPV and requested advice or help in this subreddit community. Posts from nonabused women and women aged <18 years, non-English posts, good news announcements, gratitude posts without any advice seeking, and posts related to advertisements were excluded. We developed a codebook and annotated the postings in an iterative manner. Initial posts were also quantified using Linguistic Inquiry and Word Count to categorize linguistic and posting features. Postings were then classified into 2 categories (ie, matched needs and unmatched needs) according to the types of help sought and received in OHCs to capture the help-seeking result. Nonparametric statistical analysis (ie, 2-tailed t test or Mann-Whitney U test) was used to compare the linguistic and posting features between matched and unmatched needs. Overall, 250 postings were included, and 200 (80%) posting response comments matched with the type of help requested in initial postings, with legal advice and IPV knowledge achieving the highest matching rate. Overall, 17 linguistic or posting features were found to be significantly different between the 2 groups (ie, matched help and unmatched help). Positive title sentiment and linguistic features in postings containing health and wellness wordings were associated with unmatched needs postings, whereas the other 14 features were associated with postings with matched needs. OHCs can extract the linguistic and posting features to understand the help-seeking result among women with IPV experiences. Features identified in this corpus reflected the differences found between the 2 groups. This is the first study that leveraged Linguistic Inquiry and Word Count to shed light on generating predictive features from unstructured text in OHCs, which could guide future algorithm development to detect help-seeking results within OHCs effectively.

Legal privilege in international arbitration

It is more and more frequent that counsels from different jurisdictions are involved in preparing legal advice as companies offer their services and products abroad. This situation creates the risk that documents exchanged between clients and lawyers in one jurisdiction could be exhibited in future proceedings in another jurisdiction. Disclosure of certain information could determine several losses to businesses from prestige to lack of compensation that an unsuccessful case may entail. This type of legal chaos could diminish when business practitioners have autonomy to select the law for solution of future disputes, including the option to agree on the procedure to be followed by the adjudicator. This article analyses choice of law governing privilege by arbitrators as international arbitration is often referred to settle international disputes. Several soft law sources from arbitral institutional rules to the well-known IBA Rules on Evidence are scrutinized. It evaluates possible methods like the least protective privilege rule or the most protective privilege rules considering equal treatment. Finally, it explores the recent Unified Patent Court Rules as a source of inspiration for international arbitration.

Dasar Hukum Pengajuan Peninjauan Kembali yang Dilakukan Oleh Kejaksaan

The development of the community's need for legal renewal has given rise to many legal phenomena that have emerged at this time. One of them is the submission of legal action for Judicial Review (PK/Heirziening) which is submitted by the prosecutor, even though so far the public sees and knows that legal action for Judicial Review (PK)/Heirziening can only be submitted by the convict, his legal advisor or his heirs. This is clearly regulated in the Indonesian Criminal Procedure Law (KUHAP) that the legal action for Judicial Review (PK)/Herziening is carried out by the convict (can also be submitted through his legal advisor) or his heirs. The legal action for Judicial Review (PK)/Herziening by prosecutors has been carried out repeatedly in Indonesia , and the Chief Justice at the Supreme Court has several times granted the prosecutor's judicial review (PK)/Herziening. The formulation and historical background of the Criminal Procedure Code is clear that PK is the right of the convict or his heirs. The PK requested by the prosecutor has so far violated the regulations legislation. The Criminal Procedure Code does not at all mention that prosecutors can apply for PK, historically PK is actually given as a last resort to the convict or his heirs to change his 'fate'.

Peran UPTD Perlindungan Perempuan dan Anak dalam Menangani Korban Kekerasan pada Anak di Kabupaten Sidoarjo

There are always physical and psychological repercussions of violence towards children. A child's identity might be harmed if numerous child victims in the Sidoarjo Regency do not receive particular aid and therapy. In an effort to protect child victims of violence, organizations such as the Sidoarjo Regency Regional Technical Implementation Unit for the Protection of Women and Children (UPTD PPA) have been formed. This research aims to explain how the Sidoarjo Regency Technical Implementation Unit for the Protection of Women and Children (UPTD PPA) helps children who are disadvantaged. In addition, this research aims to describe the difficulties faced by UPTD PPA when providing assistance to children in Sidoarjo Regency who are victims of violence. In this research, qualitative descriptive methodology was used. Researchers collect data, observations, interviews and documentation to obtain comprehensive and detailed information. The Director of UPTD PPA, legal advisors, psychiatric counselors, people who have used UPTD PPA services, and clients all participated in this research. (1) The responsibility of the UPTD PPA in handling victims of violence against children is based on six responsibilities, including: a) processing public complaints; b) victim outreach; c) case management; d) provide temporary housing; e) mediation; and f) provide support to victims. (2) The absence of human resources in the UPTD PPA Sidoarjo Regency, namely drivers for pick-up and drop-off services as well as in the role and function of community complaint services and outreach to victims, which are still subpar, is a challenge for the UPTD PPA.