Legal Approach Research Articles

Inelegant enforcement of anti-corruption laws and good governance: a persistent catalyst for coups d’état and poverty in Africa

Purpose The purpose of this paper is to scrutinise the intricate relationship between the inadequate enforcement of anti-corruption laws and the application of good governance and the persisting prevalence of coups d'état and poverty in Africa. Design/methodology/approach This paper uses a doctrinal legal research approach, synthesising existing literature while extensively analysing primary and secondary legal sources. Its primary aim is to scrutinise the intricate relationship between the inadequate enforcement of anti-corruption laws and the application of good governance and the persisting prevalence of coups d'état and poverty in Africa. The choice of case study countries Burkina Faso, Chad, Gabon, Guinea, Mali, Niger and Sudan stems from their historical significance, regional diversity, data accessibility and potential insights into the interplay among anti-corruption enforcement, governance, poverty and coups d'état in Africa. Findings The enforcement of anti-corruption laws and the promotion of good governance are indispensable for democracy and economic stability; their suboptimal enforcement directly contributes to coups d'état and the worsening of poverty in African nations. It emphasises the imperative for African countries to consistently and proficiently enforce anti-corruption laws and adhere to principles of good governance, effectively and responsibly, to mitigate coups d'état and alleviate poverty in the region. Originality/value This study designs a model strategy for combating coups d'état and corruption in Africa as contribution to knowledge in the field of study.

Exploring explainable AI in the tax domain

AbstractThis paper analyses whether current explainable AI (XAI) techniques can help to address taxpayer concerns about the use of AI in taxation. As tax authorities around the world increase their use of AI-based techniques, taxpayers are increasingly at a loss about whether and how the ensuing decisions follow the procedures required by law and respect their substantive rights. The use of XAI has been proposed as a response to this issue, but it is still an open question whether current XAI techniques are enough to meet existing legal requirements. The paper approaches this question in the context of a case study: a prototype tax fraud detector trained on an anonymized dataset of real-world cases handled by the Buenos Aires (Argentina) tax authority. The decisions produced by this detector are explained through the use of various classification methods, and the outputs of these explanation models are evaluated on their explanatory power and on their compliance with the legal obligation that tax authorities provide the rationale behind their decision-making. We conclude the paper by suggesting technical and legal approaches for designing explanation mechanisms that meet the needs of legal explanation in the tax domain.

Online Trials in China: Legal and Institutional Approaches During Different Stages of the Pandemic

Abstract China has set off a wave of legal and institutional approaches to meet the need of access to justice and rule of law in cyberspace. Online trials and Internet courts as the approaches have not been developed so rapidly until the outbreak of COVID-19. This article will divide the development of online trials in China into three stages and discuss their functions and orientations during different times of the pandemic.

Perlindungan Hukum terhadap Tanah Ulayat Masyarakat Adat yang Masuk Ke dalam Pembangunan Ibu Kota Negara

This research examines the legal protection of customary lands of indigenous communities involved in the development of special economic zones (IKN). This research uses a legal approach and case studies to analyze the impact of IKN development on the customary rights of indigenous communities. The results of this research highlight the challenges associated with IKN development and potential violations of customary land rights. This study also reviews the existing legal framework and recommends improving and strengthening legal protection for indigenous peoples. Therefore, this study contributes to a deeper understanding of the dynamics of legal protection of customary land in the changing IKN development environment and highlights the importance of supporting the rights of indigenous peoples for sustainable development.

ECONOMIC DIMENSIONS AND PARADIGMATIC MECHANISMS OF PERSONAL SECURITY MANAGEMENT

The purpose of this article is a complete, comprehensive, bibliometric, doctrinal and empirical study of the general theoretical foundations of economic dimensions and paradigmatic mechanisms for managing personal security. The methodological basis of the work is a pluralistic and complementary combination of modern general philosophical and legal approaches, general scientific and special scientific methods, techniques and principles of scientific knowledge, due to the uniqueness of the subject of research, necessary to ensure its objective study. By means of bibliometric analysis, the trends and key areas of personal security research in the context of financial and economic security are determined. For the first time, a comprehensive analysis of the general theoretical foundations of economic dimensions and paradigmatic mechanisms of personal safety management is presented using a wide range of general and special scientific methods, techniques and principles of scientific knowledge. The generalization of the paradigmatic mechanism of the empirical study of the components of personal security made it possible to distinguish the following components: motivational one – the need for security, emotional one – the sensitivity to dangers, cognitive one – the beliefs about security, and behavioural one – the forms of response to hazards. The authors proved that there is a correlation between the indicators of the personal security component "Beliefs about security". In particular, it can be assumed that the significance of a person to himself determines the degree of his self-control and, accordingly, the reaction to external factors in the context of ensuring security. Besides, the benevolence of the world directly affects the self-esteem of the individual and his ability to control the processes around him.

Tindak Pidana Pembobolan Rekening Via Online Berkedok Link (Suatu Kajian terhadap Perundang-Undangan Informasi dan Transaksi Elektronik)

Along with the development of technology, the use of which is increasingly massive in society, especially the use of online systems in financial traffic through electronic transactions, has given rise to evil intentions from people who have expertise in the field of information and electronics. One of them is hacking online accounts by hackers using fraudulent mode under the guise of a link sent via short message to the target and if the link is accepted and opened by the target, the hacker will easily carry out the action of draining the account. Viewed from a normative aspect, the Republic of Indonesia has actually provided protection to the public by passing various laws, for example in the scope of information and electronic transactions through Law Number 19 of 2016, an amendment to Law Number 11 of 2008 concerning information and electronic transactions. which threatens anyone who has committed a criminal act of breaking into another person's account via an electronic system with imprisonment, but this threat is not enough to provide a deterrent to the perpetrators, even though on the other hand the victims of this crime experience quite large losses and cause anxiety in society which is quite high in the security of their accounts. So this is quite interesting to research, especially from the normative aspect of the legislation. This research uses a normative type of research with a legal approach, with this research it is hoped that it can provide a clear picture of the criminal sanctions threatened by perpetrators of online account hacking under the guise of links, and it is also hoped that it will further provide an understanding of the importance of legal protection. against the account holders of the actions of the perpetrators of this crime. 

Contemplating the controversy: Exploring the Ethics and Realities of Euthanasia

Euthanasia is one of the most debatable and emotive subjects and has remained controversial on ethical, medical and legal grounds in 20th century and it still is. During all this this time public opinion, decisions of courts, and legal and medical approaches to the issue of euthanasia has been conflicting. It has sharply divided scientific & unscientific public to its supporters and opponents. All major religions are strongly against legalizing killing. A majority of the intellectuals are of the opinion that the sanctity of life, as a primary principle, should be given due consideration before legalizing euthanasia or mercy killing. In the current study authors will probe into the approaches of various countries, in different regions of the world, towards Euthanasia. In some Western European countries, euthanasia is a legal medical procedure backed up by the law and it is conducted for the ease of the critically ill patients. On the other hand, we do have countries where euthanasia is considered a murder like any other murder. On the third place, there are many states where euthanasia is a murder committed under some specific circumstances. In this manuscript the authors have tried to discuss different approaches towards euthanasia; how it is dealt with in different countries; it’s advantages, disadvantages and a comparison between the countries where euthanasia is considered as a murder and between the countries where it is a completely legal medical procedure.

Efektivitas Peraturan Daerah Kota Jambi Nomor 2 Tahun 2014 dalam Pemberantasan Pelacuran dan Perbuatan Asusila di Wilayah Kota Jambi

The occurrence of criminal acts of prostitution and immoral acts in the city of Jambi is currently widespread. This can also be proven by the existence of cases of prostitution at OYO accommodation located in the city of Jambi. Even though there is Jambi City Regional Regulation Number 2 of 2014 on the Eradication of Prostitution and Immoral Acts, in reality there is still prostitution in the city of Jambi even though the local area has been closed. The aim of this research is to understand and analyze the factors that influence people to commit prostitution and immoral acts in Jambi City, obstacles in implementing the effectiveness of Jambi City Regional Regulation Number 2 of 2014 in Eradicating Prostitution and Immoral Acts in the Jambi City area and efforts to overcome obstacles in reducing the number of prostitution and immoral acts in the Jambi city area. The research method is an empirical juridical research type with a legal sociology approach and uses data sources, namely primary legal materials and secondary legal materials. The sampling technique was purposeful sampling and data collection techniques were carried out using interviews and document studies and data analysis was carried out using qualitative analysis. The results of his research are that the factors that influence people to commit prostitution and immoral acts in Jambi City are economic and lifestyle factors, a profitable prostitution business, teenagers having broken home family backgrounds and joining the wrong social groups, the existence of hotels and nightclubs or club. The obstacle in carrying out the effectiveness of Jambi City Regional Regulation Number 2 of 2014 in Eradicating Prostitution and Immoral Acts in the Jambi city area is that criminal sanctions are categorized as light and not as a coercive tool to ensnare perpetrators of prostitution, there is no special authority for the police to carry out criminal sanctions in the Regional Regulation. , there was a leak of information during the raid, the condition of the Youth and Women's Social Home in Talang Bakung was still worrying as it could become a rehabilitation place for prostitutes, there was resistance from the community around the prostitution localization to close the prostitution localization, there was foreign culture coming in such as promiscuity. An effort to overcome obstacles in reducing the number of prostitution and immoral acts in the Jambi city area is that the Jambi City Government closes down the localization of prostitution in the city of Jambi, then carries out socialization of Regional Regulation Number 2 of 2014 to the people of Jambi city, the Jambi city government and the Jambi City Civil Service Police Unit. coordinating with the TNI and Polri in carrying out raids as well as the role of the community or parents in supervising their children when using cellphones.

Tradisi Tarian Gubang dalam Prosesi Pra Pernikahan di Desa Mampok Perspektif ‘Urf

This research examines the marriage tradition of the Indonesian people in Mampok village, Jemaja sub-district, namely the Gubang dance tradition in the pre-marriage procession. This tradition presents the Gubang dance in a series of pre-marriage processions (the night before the contract). This research is an empirical research that uses a legal anthropology approach with interviews as primary data and related literature as secondary data. This research uses a descriptive analysis method with 'urf (Islamic tradition theory) as the analysis tool. Finally, the results of this study show that the views of couples who marry using theGubang dance tradition fall into two categories: culture and belief. In the 'urf tradition, the Gubang dance tradition in the pre-marriage procession is included in al-'urf al-shahih.

Optimizing the Implementation of an Electronic-Based Government System (SPBE) in Overseas Official Travel Permits in Higher Education

<p>The research aims to determine the optimization of the implementation of an electronic-based government system (SPBE) in licensing overseas official travel for state civil servants in higher education. The research method used is descriptive qualitative. The normative legal approach is research that examines document studies using various secondary data. The research location is at one of the universities in the city of Solo. Data collection techniques are carried out using literature studies, observation, interviews, and documentation through field observations as research objects. Data analysis in this research uses qualitative analysis techniques. The research results show that optimizing the implementation of an electronic-based government system requires an appropriate policy framework, so that the SPBE vision can be achieved. SPBE is expected to be able to realize an integrated work process that is effective, efficient, and improves the quality of public services on overseas official trips at universities. The development of SPBE can increase ASN human resources in mastering information and communication technology both in quality and quantity so that overseas official travel services are optimal for state civil servants in higher education. The conclusion of this research is to maximize or minimize achieving a goal precisely, effectively, efficiently, and beneficially in implementing an Electronic-Based Government System (SPBE) during overseas official trips.</p>

Putusan Mahkamah Konstitusi Nomor 85/PUU-XX/2022: Badan Peradilan Khusus Perkara Perselisihan Hasil Pemilihan Gubernur, Bupati dan Walikota

The purpose of this research is to determine and analyze the balance of Constitutional Court Judges in Decision Number 85/PUU-XX/2022 and the legal implications of Decision Number 85/PUU-XX/2022 on special courts for resolving disputes over election results. The research issues include: 1) What are the considerations of Constitutional Court Judges in Decision Number 85/PUU-XX/2022? 2) What are the legal implications of Decision Number 85/PUU-XX/2022 on special courts for resolving disputes over election results? The research method used in this thesis is normative juridical, meaning the research starts from legal issues by analyzing legal problems through legislation, literature, and other reference materials. This thesis employs several approaches, including legal approach, conceptual approach, and case approach. The results of the discussion in this study indicate that: 1) Legal considerations underlying the Constitutional Court Decision include the absence of a special court designated by the President/Government and the DPR to handle disputes over the results of regional head elections, fundamental changes to Article 157 in three amendments to the Regional Head Election Law; the history of the development of authority in resolving disputes over election results in the Constitutional Court; and the elimination of differences in the election regime for both general elections and regional head elections. 2) The implication of constitutional Court Decision number 85/PUU-XX/2022 are, firstly, it removes the role of special judicial bodies in handling disputes over regional elections results” Secondly, there is inconsistency in the Constitutional Court’s decisions, as it previously mandated that settling regional election disputes (PHPUD) is not within the authority of the Constitutional Court. Thirdly, there is a pilin gup of election-related cases in the Constituional Court.

Legal Analysis of MUI's Authority in Providing Halal Label Guarantees after the Issuance of Law Number 33 of 2014 concerning Guarantees for Halal Products

Purpose: This study aims to analyze the authority of the Indonesian Ulema Council (MUI) in providing halal label guarantees following the implementation of Law Number 33 of 2014 concerning Guarantees for Halal Products.   Theoretical framework: The research employs a normative legal approach, utilizing data from statutory regulations, court decisions, and legal literature to assess the legal standing of the MUI post-implementation of Law Number 33 of 2014.   Results and discussion: Findings reveal that despite changes introduced by the law, the MUI's authority remains pertinent and enforceable. The MUI plays a crucial role in issuing fatwas and recommendations on product halal status, complementing government agencies' responsibilities in halal certification. The law delineates specific boundaries for the MUI's jurisdiction, emphasizing collaboration with governmental bodies and affiliated organizations for effective halal product certification and labeling.   Method: This research adopts a normative legal methodology, analyzing legal texts, court precedents, and scholarly works to assess the continuity and scope of the MUI's authority post-Law Number 33 of 2014.   Originality/value: This study contributes by delineating the evolution of the MUI's authority in the context of halal certification pre- and post-Law Number 33 of 2014. It highlights the MUI's transition from sole authority to a collaborative partner in certifying halal products, underscoring the significance of halal certification for consumers, regulatory compliance, and religious principles.

KEWENANGAN MAHKAMAH KONSTITUSI TERHADAP PUTUSAN PERKARA NOMOR 90/PUU-XXI/2023

The decision of the Constitutional Court in case Number 90/PUU-XXI/2023 in the general election trial Number 7 of 2017, the opinions of legal experts and the public are contradictory. There are political parties who say the decision is right, and there are also those who say the Constitutional Court's decision is wrong. Furthermore, the problem formulated in this study is based on this background, namely the competence of the Constitutional Court and the legal consequences of its decisions. The research method is a normative and applicable legal approach. This research uses library research, namely. Qualitative studies are carried out by collecting library materials, reading and taking notes, and carrying out analysis on library materials that have been selected for use. Based on the results of this research, the Constitutional Court has the competence to make decisions on matters relating to the age limit for candidates for President and Vice President, where the court's decision is definite and binding.

Legal Protection for Victims of Domestic Violence

Domestic violence remains a pervasive issue globally, often leaving victims without a sense of justice or adequate protection. In many cases, resolutions fail to address the needs of domestic violence victims, perpetuating their suffering and leaving them vulnerable to further harm. Recognizing the severity of this issue, the implementation of legal protections outlined in Law Number 23 of 2004 concerning the Elimination of Domestic Violence is crucial. The research method employed by the author utilizes a normative legal approach, focusing on legal norms within statutory regulations. By gathering primary and secondary legal materials, the author examines the problem of domestic violence and seeks to align findings with established legal principles. This methodological approach, supplemented by literature reviews, enables the author to conclude the unequal dynamics within marital relationships that perpetuate domestic violence. Legal protection for victims of domestic violence is paramount as all forms of violence, particularly within the home, constitute human rights violations. Victims endure physical, psychological, and sexual abuse, as well as neglect, resulting in profound suffering and loss. Ensuring the protection of victims' rights is imperative to deliver justice and alleviate their trauma. However, many victims hesitate to report domestic violence due to feelings of embarrassment or fear of further harm. This reluctance underscores the critical need for comprehensive legal protections that prioritize the safety and well-being of victims. By fostering an environment of support and empowerment, victims can feel more confident in seeking justice and breaking the cycle of abuse. In conclusion, addressing domestic violence requires a multifaceted approach that combines legal enforcement with social support systems. By upholding the principles outlined in Law Number 23 of 2004 and providing comprehensive protections for victims, society can work towards eradicating domestic violence and ensuring justice for all.

The Character of Legal Products in Indonesia: A Study of Changes to the Marriage Law from a Political-Law Perspective

Politics and law are two variables that can influence each other in a legal system. Legal politics is a form of state policy carried out through authorized state institutions to establish the desired regulations, which are expected to be used to express what is contained in society and to achieve the desired goals. This research aims to examine the character of statutory legal products, namely the character of legal products of Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage. This research is normative legal research which makes norms the object of study using a legal approach analyzed using legal political theory. The data collection technique used is literature study. Research findings show that in general the character of the legal product of Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage is responsive in view of the birth of the law. However, the provisions of Article 7 paragraph (2) of Law Number 16 of 2019 do not show a responsive or conservative character. The provisions in this article are not in accordance with the spirit of change based on Constitutional Court Decision Number 22/PUU-XV/2017 and seem ahistorical. Theoretically, the conservative character in legal politics is a legal product that is not democratic, different from responsive legal products, namely legal products that accommodate a variety of opinions. Other findings show that there is no judicial institution that has the authority to check the consistency between the provisions of one article or paragraph and another in one form of legal product.

The Practice of Adoption in the Sasak Community and Its Implications for Marriage Law in Indonesia

Adopting a child is a tradition that has long been practiced by Arab society and continues to this day. The practice of adopting children when Islam came was then perfected by the Prophet Muhammad PBUH, so that it has a basis in Islamic law. This study explores adoption practices in contemporary Sasak society and their implications for reformulating Islamic Marriage Law. This research uses a normative juridical approach analyzed with the theory of maqāṣid al-sharī'ah. The data analyzed are laws, legal regulations and decisions of religious courts on the island of Lombok, West Nusa Tenggara regarding child adoption cases and norms regarding child protection as normative legal material. These data sources are collected through documentation techniques and analysed using data compaction, display, and conclusion-drawing stages, employing analogical and teleological legal interpretation approaches. The study identifies three classifications of adopted children based on marital status and the presence of biological parents: legitimate children, illegitimate children, and children with unclear status. The research upholds the Islamic legal principle that adoption does not sever the child's lineage from their biological parents, even if their existence is unknown, and does not establish a lineage between the adopted child and their adoptive parents. The study has three implications for Islamic marriage law in Indonesia: including adoption provisions in the Marriage Law, eliminating the article that allows polygamy as a solution for childless couples, and adding requirements for marriages involving "unclear children" as authentic evidence to prove no blood relation between the prospective bride and groom, thus preventing invalid marriages.

Efektivitas Undang-Undang Perampasan Aset pada Pelaku Tindak Pidana Pencucian Uang Berdasarkan Hukum Pidana

Money laundering is an action to eliminate the source of money resulting from criminal acts which is later found to have been generated legally. Money laundering is a crime that is difficult to crack. Therefore, the application of legal sanctions against perpetrators must be balanced with criminal sanctions and confiscation of assets against perpetrators. This research uses a normative research type with a legal and conceptual approach. The crime of money laundering is a crime that needs attention because it is often associated with losses to the state and society, therefore legal action is needed to deter the perpetrators, but the obstacle that occurs is the punishment in Article 2 of the Assets Bill which only applies confiscation of assets resulting from crime without any punishment of criminals. This is not in accordance with the function of law. So the results and conclusions can be drawn that not implementing punishment against the perpetrator will most likely not have a deterrent effect, therefore it should be important to implement punishment and confiscation of assets because both must be implemented simultaneously as a form of firm state action to provide a deterrent effect.

Theoretical Approaches to the Concept of Legal Relations

A state governed by the rule of law establishes balanced legal relations. This article describes four scientific and theoretical approaches to the concept of legal relations, i.e., legal, subject-object, moral, and socio-psychological. According to the legal approach, legal relations are regulated by law. The subject-object approach defines legal relations as those that occur between subjects who possess certain rights and exercise them in relation to each other or to the objects in the legal field. According to the moral approach, society builds the system of law based on moral principles. This approach offers a step-by-step formation of law in the process of social development. Stage 1 shapes moral norms as a result of direct communication between community members. Stage 2 is associated with the individual assimilation of norms and the formation of morality. Stage 3 presupposes the arrival of legal norms. Stage 4 ends with the legislative consolidation of legal norms. The theoretical analysis revealed four socio-psychological processes in the development of legal norms: a) informal interpersonal communication yields moral norms, b) moral behavior patterns become internal, and moral consciousness appears; c) moral norms are exteriorized in the public consciousness, thus leading to legal consciousness; d) moral norms are legitimized, and legal norms become law. The socio-psychological approach considers such principles of legal relations as the sense of justice and equality.

Normative Approach to Workers’ Mental Well-Being in the Digital Era

The paper aims to provide theoretical insights and explore the comparative legal practice of approaching mental health and well-being at the workplace by applying legal normative and comparative methods in a digitalized world of work. In this regard, subordination vs autonomy needs to be considered as a starting theoretical point accompanied by an overview of comparative legal approaches that have recently introduced some novel legal mechanisms, such as the right to disconnect to deal better with the exercise of fundamental labor rights. Additionally, introducing a psychosocial risk management model in occupational health and safety could significantly improve workers’ mental health and well-being in the digital age. Therefore, the proactive, holistic, and integrated approach to workers’ rights and status in the digital environment must be analyzed by exploring the bounding point between organizational management views on the subject and labor law standpoints.

Government Legal Responsibility from a Human Rights Perspective in the Health Sector

Ensuring health for the community in receiving quality and adequate medical services as a basic right is the government's responsibility, which is regulated in Article 28H of the 1945 Constitution and Law Number 36 of 2009 concerning Health. The government is obliged to fulfill the public's right to health in accordance with its capabilities and resources, and must not limit or hinder the public's access to adequate health services. This research aims to protect people's rights to medical services that are supported through legal protection. This research uses a normative legal approach and uses secondary data sourced from laws, journals and analytical descriptive articles. The results of this research are used to gain deeper insight into health problems, determine them, and then proceed with scientific solutions in accordance with Law no. 39 of 1999 concerning Human Rights and Law no. 36 of 2009 concerning health. It is stated that the people's right to health is a human right for all human beings that must be fought for. The 2014 law establishes health service standards as an instrument of a legal system based on the principle of the supremacy of law to ensure compliance with health regulations as well as human rights.