Legal Analysis Research Articles

Preventive Measure – Detention for Crimes in the Field of Entrepreneurial and Other Economic Activities: Comparative Legal Analysis

Preventive Measure – Detention for Crimes in the Field of Entrepreneurial and Other Economic Activities: Comparative Legal Analysis

Jus post bellum obligations of intervening states: A legal and ethical analysis of what we owe to the people of Afghanistan

This essay seeks to answer the question of what obligations intervening states have and why the US/NATO intervention in Afghanistan failed. With Afghanistan as a case study, it will attempt to illuminate the responsibilities and objectives of democratic intervening states in general. While it is too late for any near-term realistic hope of a just peace in Afghanistan, future efforts to create a democratic peace between nations should be built not only on humility about the intervenor’s knowledge of foreign peoples and cultures but a deeper understanding of democracy and peace between democracies. Given the ongoing need for asylum and the existence of the Afghani diaspora, it is not too late to learn from the people of Afghanistan as to how to proceed and honor our obligations. The reason why the US government and other NATO intervenors failed to achieve their desired outcome, a just and sustainable peace, is because collectively we not only had an institutionally weak knowledge of Afghanistan and Pakistan, we also had a poor understanding of democracy and peace between democracies. We were not just ignorant; we did not care to learn. This weakness, the misapprehension of democracy as more of a confidently perfected and exportable legal construct and not a humble ethical restriction on laws and knowledge, doomed our path to a just and sustainable peace. This misunderstanding about democracy, a misunderstanding that deepened at the height of American power, is important to correct if we are to achieve solidarity between democracies, and to intervene and choose not to intervene successfully in the future. A humbler approach to democracy-promotion, not an abandonment of it, would have had a higher likelihood of success over the past 20 years, and would still serve us better today in our relations with Afghanistan, Pakistan, and other governments and peoples.

THE RIGHT OF PARTICIPANTS IN CRIMINAL PROCEEDINGS TO APPEAL IN THE PRE-TRIAL STAGES

The purpose of the study. The article deals with the problem of forecasting the development of the right to appeal in criminal proceedings. A comparative legal analysis of the norms of the right to appeal against the Statute of Criminal Proceedings of 1864 and the modern Criminal Procedure Code of the Russian Federation has been carried out. The purpose of the study is to establish and identify similarities and differences in the legal mechanisms governing the right to appeal in order to predict its development in the future. Conclusions. The modern version of the right to appeal at the pre-trial stage of the criminal process has much in common with the right to appeal in pre-revolutionary Russia, which allows us to talk about the cyclical development of criminal procedural legislation. We predict that the vector of development in the future will be aimed at democratizing the right to appeal, improving mechanisms to increase its accessibility and effectiveness at the pre-trial stage of the criminal process.

Evektivitas Sanksi Pidana Terhadap Praktik Pengganda Uang

The practice of money multipliers is a common phenomenon in Indonesia. This practice exploits public trust to achieve personal gain. The negative effects of this practice include financial loss and exploitation. Indonesian criminal law has regulated fraud and embezzlement, which can be applied to ensnare money multiplier shamans. However, the effectiveness of criminal law in overcoming this practice is still questionable. However, the effectiveness of criminal law in dealing with this practice is still unclear. This study aims to analyze the effectiveness of criminal law on the practice of money multiplier shamans. This study uses a normative legal analysis method using a doctrinal and empirical approach. The results of the study indicate that criminal law has the potential to be an effective instrument in overcoming the practice of money multiplier shamans. However, there are several factors that can hinder the effectiveness of criminal law, such as Lack of public awareness of criminal law, Difficulty in proof. To increase the effectiveness of the law in responding to money multiplier practices, steps are needed such as increasing public awareness of the law, increasing the capacity of law enforcement officers, and strengthening the law enforcement system.

Legal Analysis of the Consumer Protection Law in the Promotion of Alcohol with Ethnic and Religious Elements by Holywings on Instagram

Promotional efforts are crucial to a company's marketing strategy. However, Holywings' promotion offering free alcoholic beverages to individuals named Muhammad and Maria violates Law Number 1 of 2024 on electronic information and transactions, specifically Article 28, paragraph 2. This article prohibits spreading information that incites hatred or enmity based on ethnicity, religion, race, and inter-group distinctions (SARA). This research analyzes promotion regulations under this law and the responsibilities of businesses concerning promotions involving ethnic and religious elements, as outlined in Law Number 8 of 1999 on Consumer Protection. Using a normative juridical approach, this study examines literature, secondary data, and statutes to address the legal issues. The research employs qualitative analysis to systematically gather and analyze data, aiming to compile relevant theories, concepts, legal principles, and regulations. The result indicate that legal protection for consumers regarding promotions with ethnic and religious elements is upheld by Article 4, letter g of the Consumer Protection Law, ensuring fair, honest, and non-discriminatory treatment. Additionally, Article 17, Paragraph 1, Letter f prohibits business actors from engaging in such advertising, while Articles 19 and 20 outline their accountability.

Older persons, political participation, and the Decade of Healthy Ageing: an international legal analysis

The increase in global population ageing, coupled with advancements in the study of active ageing, underscores the need for deeper discussions centred on older adults. Among various fundamental subjects regarding this population, participation in social and political life stands out, with the act of voting in elections serving as a significant expression of such engagement. This article seeks to explore some key sources of International Law that focus on older people, emphasizing the element of political participation. This study was developed from a qualitative, exploratory research, through a bibliographic and documental review, by gathering pertinent legislation. Initially, it examines international legal frameworks related to the subject, progressing to an analysis of the Decade of Healthy Ageing, and the 2030 Agenda for Sustainable Development. The conclusion drawn from this study is that the lack of a global treaty addressing the rights of older adults reflects the ongoing invisibility experienced by this population. Therefore, it is essential to foster discussions about older people´s political participation and to implement measures that ensure they are not only beneficiaries of services but also agents of change.

Analisis Hukum Kebijakan Pemerintah dalam Memajukan Kemandirian Lokal: Perspektif Ketahanan Pangan Nasional

National food security is one of the crucial issues or problem that is the focus of government attention in order to ensure the availability, access, and quality of food for the entire community. Government policies that support local independence are believed to have an important role in achieving sustainable food security. This study aims to analyze government policies from a legal perspective in advancing local independence and their implications for national food security. The methodology used in this study is normative legal analysis with a descriptive approach. The data used comes from primary sources such as laws and regulations and related policies, as well as secondary sources in the form of literature and other supporting documents. The analysis is carried out to identify policies that have been implemented, evaluate their effectiveness, and the legal implications that arise. The results of the study show that there are a number of policies that have been implemented by the government to advance local independence, but there are still various challenges in their implementation. Several policies that are effective at the local level have not been fully integrated with national policies, which causes a lack of harmony in achieving food security. In addition, this study found that the legal aspects of the policy still need improvement to support the sustainability of local independence in the long term. The conclusion of this study emphasizes the importance of strengthening a more integrated legal and policy framework that focuses on local empowerment. Recommendations are given to policy makers to improve existing regulations, improve coordination between institutions, and encourage local community participation in efforts to achieve sustainable national food security.

Normative Legal Analysis of Notary Code of Ethics: Improving Legal Professional Ethical Standards

Normative Legal Analysis of Notary Code of Ethics: Improving Legal Professional Ethical Standards

EMPIRICAL STUDY OF LAND ACQUISITION IN PENINSULAR MALAYSIA: ACHIEVING EQUILIBRIUM ON COMPETING PUBLIC AND PRIVATE INTERESTS

The right to own property is an intrinsic human right that grants ownership and enjoyment to owners. The property right, however,is not absolute because it is subject to the state’s authority to compulsorily acquire land that is in private hands, which is referredto as land acquisition. Land acquisition refers to the power granted to the state government to obtain privately owned land for a publicpurpose, in exchange for fair compensation (Keith et al., 2008). Land acquisition is an essential strategy for the state to address the limited availability of land when it is necessary to create railways, airports, or any other infrastructure for the benefit of the public (Jonathan, 2012). Nevertheless, the process of acquiring land is a lengthy procedure that has a significant influence on the local community. This is because it involves conflicting interests between the government that is seemingly acting on behalf of the general public, and the very public who are affected by the acquisition itself. Therefore, the land acquisition system is supposed to be designed as a method of reconciling these conflicting interests. Despite this ideal purpose, numerous countries, particularly in emerging nations like Malaysia, face challenges in achieving a harmonious equilibrium between the conflicting public and private interests. These challenges arise from inadequate legislative safeguards and a conventional hierarchical approach adopted by the government branches of the state (Ghimire et al., 2017). The public aspect is usually legally defined, but private perspectives may not always be apparent. In order to achieve the right balance between conflicting public and private interests, this study aims to examine the perspectives of the individuals, i.e., the landowners who are directly affected by the land acquisition. This study examines their perceptions and attitudes towards the whole process and procedures of the land acquisition to which they were subjected, as well as their corresponding responses and willingness to make sacrifices in pursuit of the higher objectives of the state. To achieve this goal, a questionnaire survey has been used as the methodology of collecting data from the landowners and the results are presented using descriptive analysis. The outcome demonstrated that whenever the state exercises the power of land acquisition, the balance tends to side with the interest of the public rather than the private interests of the affected individuals, both in law and in practice. In addition, Malaysia became a member of the United Nations on 17 September 1957. Hence, it is crucial to examine the principles of compulsory land acquisition as delineated by the United Nations study (Keith et al., 2008). The final section of this article provides an analysis of the findings and then make recommendations by referring to Australia’s best practices for adoption in Peninsular Malaysia. The methodologies employed in this study are the data collection method and comparative legal analysis.

LAW AND ECONOMICS IN THE CONTEXT OF TECHNOLOGICAL REVOLUTIONS

In this article the author makes an attempt to include into legal discourse some ideas and provisions of representatives of the neo-Schumpeterian direction of political economic thought. In addition, a brief historical and legal analysis of industrial revolutions is given, which served as a material basis for substantiating the synergy of economic and legal thought in terms of studying the problem of the influence of technological revolutions on public life. Based on the results of the study, the author comes to the conclusion that representatives of the neo-Schumpeterian direction pay due attention to the legal regulation of the economy, especially at the stage of transition to a new technological structure, as a result of which the provisions of this scientific school can be used in the future to predict and justify promising directions for the development of state- legal sphere.

Problematic Issues of Using Electronic Evidence in Criminal Proceedings (SDG's)

Objective: The object of this scientific publication is the use of electronic evidence in criminal proceedings, focusing on the main problematic issues, legislative gaps, and the need for improvements in law enforcement practices. Method: The method of study involves a detailed analysis of the current criminal procedure legislation, identification of the general and special features of electronic evidence, and examination of practical issues related to the collection, assessment, and admissibility of electronic evidence in criminal proceedings. The authors use legal analysis and case studies to propose amendments to the legislation and suggest practical improvements. Results: In this scientific publication, the authors highlight the main problematic issues of using electronic evidence in criminal proceedings, propose amendments to the current criminal procedure legislation, and also make proposals for improving law enforcement practice. It is argued that electronic evidence is an independent procedural source of evidence which has both general and special features and nowadays plays an important role in establishing the truth in criminal proceedings. It is concluded that the use of electronic evidence in criminal proceedings currently has no regulatory basis, which causes numerous difficulties and gaps which, among other things, lead to abuse of procedural powers. Contribution: It is established that in the process of collecting electronic evidence, there are many abuses of procedural powers, which are expressed in the excessive seizure of their carriers, as well as unlawful interference with privacy. The article also reveals the difficulties in assessing electronic evidence as relevant, admissible and reliable evidence. In particular, the use of different copies of electronic documents, compliance by judges with the principle of direct examination of evidence, and the admissibility of electronic evidence obtained from open sources are controversial. Based on the results of the study, the authors propose to amend the Code of Criminal Procedure of Ukraine by supplementing Chapter 4 ‘Evidence and Proof’ with paragraph 5 ‘Electronic Evidence’, which should define their concept, procedural procedure for their seizure, storage, return, and peculiarities of evaluation. The authors also emphasises the expediency of upgrading the qualifications of authorised persons by conducting thematic training on the proper use of electronic evidence and preventing abuse of procedural powers in this process.

Legality Of IDK Stablecoin In Legal Perspective In Indonesia

Stablecoins have emerged as an innovation in the cryptocurrency ecosystem, offering the desired stability of value while maintaining the decentralized characteristics of blockchain technology. One such example is the stablecoin IDK, which claims to provide stable value and wide usage in Indonesia. However, the development of these stablecoins raises important questions about their legality within the Indonesian legal framework. This article aims to analyze the legality of the IDK stablecoin from an Indonesian legal perspective, focusing on regulatory aspects, legal validity, consumer protection and its potential impact on the country's monetary and financial system. This research uses a normative legal analysis method by referring to relevant legislation, the views of financial authorities, and existing legal principles. First, this article will examine the existing regulatory framework in Indonesia regarding cryptocurrencies and digital assets, and its relevance to the IDK stablecoin. Second, we will discuss the legal validity of the IDK stablecoin from a contractual and currency perspective, as well as whether this is in accordance with applicable legal principles. Finally, this article will analyze the potential impact of the use of the IDK stablecoin on the Indonesian monetary and financial system, including implications for monetary policy, financial stability and consumer protection. The results of this study are expected to provide a deeper understanding of whether the IDK stablecoin complies with Indonesian law. The implications of this analysis can provide guidance for regulators, industry players and other related parties in dealing with legal issues that arise along with the development of financial technology. As such, this article can become a foundation for further discussion on stablecoin regulation in the context of Indonesian law.

Procedural Aspects of Overcoming Sovereign Immunity: Relevance for Ukraine and the International Legal Order (SDG'S)

Objective: The object of this research article is the procedural domestic and international aspects of overcoming the sovereign immunity of a State that has committed military aggression, violating international humanitarian law and human rights law, with a focus on compensation for the damage caused by such actions. Method: The method of study involves a critical analysis of the approaches taken by the Supreme Court of Ukraine to overcome jurisdictional immunity, in light of international law norms. The authors employs a combination of legal analysis, case law examination, and comparative analysis of international practices to evaluate the compliance of the court's decisions with conventional provisions on compensation for damages. Results: This research article analyses the procedural domestic and international aspects of overcoming the sovereign immunity of a State whose military aggression has violated international humanitarian law and human rights law, and on this basis raises the issue of compensation for the damage caused by such actions. Special attention is paid to the approaches to overcoming jurisdictional immunity by the Supreme Court of Ukraine. Taking into account the norms of international law, the author critically analyses the court's compliance with the conventional provisions establishing the procedure for consideration of cases on compensation for damages. The aggressor State's disregard for the norms and principles of international law, sovereignty of other States, and international good faith does not give rise to a disregard for the norms of international law based on the principle of reciprocity. The author emphasises that compliance with the rules on court proceedings must comply with the conventional requirements, and this should be the basis for national case law on school compensation. The authors analyses legal immunities and jurisdictional immunity of the State in particular in the context of ensuring justice, which, according to international standards, is the basis for fair treatment of victims of armed aggression and ensuring access to justice. Contribution: It is noted that the application of the rules of jurisdictional immunity is the basis for limiting the right to a trial, which should be proportionate. The authors identifies the prospects for the development of international practice of interpreting the areas of ensuring the right to a fair trial, in particular, based on the practice of international courts. The author summarises the directions of changing approaches to the validity of the application of absolute immunity, and the dynamic interpretation of the legitimate purpose of limiting the right to a court, which is necessary and permissible provided that the essence of this right is preserved. The author emphasises the importance of the effectiveness of reparations as a principle and its significance for the development and provision of transitional justice in Ukraine.

Definition of the concept of «virtual assets»: a comparative analysis of legislation and judicial practise of the European Union Countries

The article analyzes the essence and legal nature of the concept of «virtual assets» as reflected in the legislation and case law of the EU countries. The value of the article lies in the study and legal analysis of the EU laws and case law regulating and defining the concept of «virtual assets». This article examines the main legislative acts regulating virtual assets, as well as important court decisions that affect the definition of this concept. Special attention is paid to the comparative analysis of laws and court practice in such EU countries as Poland, Italy, Estonia, Lithuania, Germany, etc. The article highlights the variety of approaches to the definition of «virtual assets» through the prism of analysis of court decisions and provisions of laws. The main trends in the interpretation of this concept are outlined, as well as some problematic issues that require detailed and unified regulation. In some countries, virtual assets are treated as financial instruments, means of payment, electronic money, financial services, intangible goods, subject to civil rights, etc., while other countries, on the contrary, do not classify them as either financial instruments or means of payment.Having analyzed the regulation of virtual assets, it can be concluded that there is still no clear, unified approach to defining and regulating this phenomenon, so many countries are only trying to establish it. The adoption of the Markets in Crypto-Assets Regulation will help to create a unified regulatory framework for the regulation of the crypto-assets market. Key words: virtual assets, virtual currency, EU case law, EU legislation, crypto assets, money, financial instruments.

Transnational Challenges to the Prosecution of Cyber-Crimes in Cameroon: A Legal Analysis

Transnational Challenges to the Prosecution of Cyber-Crimes in Cameroon: A Legal Analysis

Ratio Legis of Article 12 Letter F : The Extortion in Corruption

Corruption crimes encompass a variety of offences, one of which is the Extortion Offence. Extortion offences involve offenders proven to demand, receive, or withhold payments through force or threats on material matters while performing their duties as certain officeholders. In Indonesia, regulations for corrupt acts involving extortion offences are outlined in Article 12 letter f of Law Number 20 of 2001, amending Law Number 31 of 1999 on the Eradication of Criminal Acts of Corruption, as well as Article 425 paragraph (1) of the Indonesian Criminal Code. The extent to which a person is considered to have committed a corrupt act involving extortion is a crucial aspect of corruption offences. This study employs the Normative Research Method utilizing statutory and conceptual approaches, with legal material analysis conducted through descriptive means. The findings show that significance of Article 12 letter f in the Corruption Eradication Act as an extension and lex specialist in Article 425 paragraph (1) of the Criminal Code. Officials can take measures to prevent such misconduct to avoid improper cash handling or extortion by those in positions of authority over them. This study offers an in-depth study of illegal levies in corruption, emphasizing Article 12 letter f of Law Number 20 of 2001, aiming to bridge the gap of previous studies and provide practical insights for law enforcement in anti-corruption efforts in Indonesia through normative legal research.

Beyond Cognition: Are Party-Appointed Arbitrators Truly Impartial?

The present paper examines the principle of impartiality and its significance in the context of party-appointed arbitrators in international investment and commercial arbitration. It reflects on how cognitive biases influence decision-making in arbitral disputes and how such biases can be mitigated to enhance the credibility and fairness of international dispute resolution procedures. Arbitration is a common mechanism for resolving disputes in international investment law, with parties often appointing tribunal members. However, the impartiality of these arbitrators is frequently questioned. Cognitive biases, such as confirmation bias and anchoring bias, can significantly impact the fairness of arbitration by affecting how evidence is perceived and evaluated. This study explores the relationship between cognitive biases and arbitrator impartiality, considering the role that such biases may play in the outcome of an arbitration process. Integrating doctrinal legal analysis with empirical insights from psychology, the paper aims to provide a comprehensive understanding of impartiality challenges faced by party-appointed arbitrators. It analyzes institutional measures like the duty of disclosure and ethical guidelines, alongside the theoretical framework of the ‘devil’s advocate’ approach, to propose effective strategies for mitigating biases. By enhancing understanding of these issues, the paper aims to contribute to the ongoing debate on the fairness of arbitration in international investment and commercial law.

Tinjauan Yuridis Penerapan Hukuman Terhadap Pelaku Tindak Pidana Penganiayaan Hewan

This research aims to find out and provide an explanation of how criminal sanctions are applied to protect animal abuse in Indonesia and to find out and provide an explanation of how criminal sanctions are imposed on perpetrators of animal abuse. This research uses the Normative Juridical method. Legal sources are collected from primary data such as laws and Supreme Court decisions, secondary data such as books and scientific journals, and tertiary data such as legal dictionaries. Data collection techniques are through literature study, while legal data processing is through presentation, interpretation, analysis and systematization of applicable laws. Legal analysis is carried out comprehensively and descriptively to explain the problems studied. The results of this research show that the Indonesian Government, through the Criminal Law Law and Law No. 18 of 2009 which was amended by Law No. 41 of 2014, emphasizes the importance of treating animals well. These laws aim to protect animals and ensure their use is done ethically and responsibly. With the main principle of Respectful Treatment, Animals must be treated well and not harmed. Animal Welfare: Animals' physical, mental and emotional needs must be considered, including providing a safe environment and sufficient food. Avoiding Overexploitation, Animals should not be used excessively for the benefit of humans. Protection from Inappropriate Treatment, Animals must be protected from violence and torture. This law aims to maintain animal welfare, respect ethical values, maintain ecosystem balance, and protect public health from diseases that can spread from animals.

Critical Analysis of The Law on Purchasing Gold on Credit

This study aims to understand the legal background of gold credit in Indonesia, we can explore more deeply how this product contributes to the development of Islamic banking, consumer protection, and financial market regulation more broadly. It also helps in identifying the challenges and opportunities faced in the implementation of Islamic financial practices in Indonesia. This writing uses a normative method where in this writing a literature search is conducted. Peter Mahmud stated that Legal Research must find a coherent truth, namely legal rules in accordance with legal norms or are there norms in the form of commands or prohibitions that are in accordance with Legal Principles and whether a person's actions are in accordance with Legal Principles or Legal Norms. Legal analysis of gold credit shows that this transaction involves various aspects that need to be considered, including the legal basis, sharia aspects (if applicable), financial risks, and legal treatment. It is important for financial institutions and customers to clearly understand their rights and obligations in gold credit contracts, and to comply with all applicable regulations to minimize risk and maintain fairness in this transaction.

Workers with disabilities

This article deals, as an object, with the main legal achievements of the protective system established in the search for equalization of conditions and accessibility, in general, for people with disabilities, with a focus on inclusion through work, notably analyzing Decree nº 11,793/23, which establishes the National Plan for the Rights of People with Disabilities. As an objective, it seeks to present the main obstacles still found and active, in the social environment and work-corporate environment, so that this inclusion becomes effective, especially due to ableism, in addition to focusing on the paradigmatic changes in confronting exclusion, found in this process. As a methodology, it uses doctrinal and legal analysis. As a partial result, this gap is indicated between legal formulations, of a formal nature, in comparison with effective inclusion, still marked by misinformation and historical and structural prejudices, naturalized in the social environment.