Legal Arrangements Research Articles

Legal Protection Of Underage E-Sports Players Related To Employment Agreements With E-Sports Companies

The purpose of this study was to be able to determine and analyze the legal protection arrangements for electronic sports players (E-Sports) that fall into the category of minors as it is known that children who are in their teens can not do much, therefore the employment agreement requires written permission of the parents. The author uses normative research methods, the nature of analytical prescriptive research. The results and discussion in this study concluded that legal protection for e-sports players with e-sports companies in principle work agreements have been preventively regulated in the law on sports, the Civil Code including special rules PBESI Regulation No. 034/PB-ESI/B/VI / 2021 as a form of regulation of E-sports legal protection in Indonesia. It's just that in terms of repressive legal protection through PBESI Regulation No. 034/PB-ESI/B/VI / 2021 regarding dispute resolution still contains weaknesses, as it is known that children before working ‘must obtain written permission from their parents and a work agreement is made with their parents’, while the regulation does not explain the involvement of parents in dispute resolution. Thus it is necessary to make changes to Article 43 paragraph (1) PBESI Regulation No. 034/PB-ESI/B/VI / 2021 on the implementation of E-sports activities in Indonesia.

Analisis Pengaturan Hukum Pidana terhadap Penyalahgunaan Teknologi Manipulasi Gambar (Deepfake) dalam Penyebaran Konten Pornografi Melalui Akun Media Sosial

Deepfake is an advanced technology that utilizes the latest artificial intelligence techniques to produce compelling images or motion pictures that appear to be genuine. This technique uses specialized algorithms to create fake content that is difficult to distinguish from the real thing. In Indonesia, cases of deepfake pornography have increased in recent years. With this new Artificial Intelligence technology which in addition to the many positive impacts it provides, it also has negative impacts that can support the occurrence of these cases. the spread of pornographic content with image manipulation (deepfake) has become one of the negative impacts of this technology. This study aims to determine the shortcomings in the legal arrangements and how they are implemented in cases of deepfake, or the misuse of AI technology. The research method used is normative legal research based on literature and laws and regulations. This research found that several general and specific rules relating to the misuse of deepfake technology through social media have not covered all aspects of image manipulation (deepfake) containing pornography on social media accounts. Therefore, although pornographic deepfake cases often occur and harm some people, the limited legal regulation of these acts causes the legal apparatus to have difficulty in ensnaring the perpetrators.

Renewable Energy in Sub-Saharan Africa: A Prescriptive Analysis of Ghana

This study assesses the state of play of renewable energy in Sub-Saharan Africa through the lens of the Ghana renewable energy sub-sector. Adopting a sector diagnostic approach, the study assesses the legal framework, institutional arrangements, emerging developments, and challenges of renewable energy development in Ghana. The study further prescribes key renewable policy instruments necessary to propel Ghana to achieve its 10% renewable energy target by 2030. Recommended amendments for the Renewable Energy Act are also proffered in this paper. The study provides innovative directions for policymakers and regulators while revealing new perspectives to the renewable energy puzzle in Africa.

Employment Legal Protection in Facing Artificial Intelligence Disruption: Efforts to Overcome the Replacement of Human Workers

<p><em>This study aims to analyze employment legal protection in the face of disruption from artificial intelligence (AI) technology that threatens the existence of human labor. The development of AI technology has created new challenges for the world of employment, where many jobs have the potential to be replaced by machines and automated systems. This study uses a normative legal method with a statutory approach to examine existing employment regulations and their relevance in protecting workers' rights in the digital era. The data used consists of legal literature, laws and regulations related to the application of AI in the world of work. The results of the study show that Law Number 13 of 2023 concerning Manpower emerged as a response to the unfavorable situation for workers, with the aim of protecting labor rights and implementing international instruments and human rights declarations. Technological advances, especially automation and artificial intelligence (AI), bring benefits such as efficiency and new opportunities, but also pose challenges such as job loss. To address this, the government needs to strengthen employment legal protection, design policies to support affected workers, and provide skills training and incentives for companies. The Circular of the Ministry of Communication and Information on the ethics of using AI emphasizes inclusivity, humanity, accessibility, and sustainable development, as well as the protection of workers' rights such as the right to work and fair treatment. However, current national regulations do not specifically regulate the use of AI by companies, so new legal arrangements are needed to protect workers' rights and manage the transition due to Termination of Employment</em><em>.</em></p>

Sanksi Pidana Penyimpangan Seksual Sesama Jenis Terhadap Anak Sebagai Korban

Same-sex sexual deviance prohibited by Article 292 of the Criminal Code is only allowed if the victim is an adult and the perpetrator is a child. In relation to the issue of LGBT sexual deviance, the author views this as an odd norm. With this background, the author can formulate two problems: what are the criminal sanctions against same-sex deviant acts committed against children as victims? and how are legal arrangements for such acts made? This research method is normative legal research. Both a statutory approach and a conceptual analysis approach are used in this research. This tactic is also called the legal approach. The study findings revealed that Indonesia passed a law regulating same-sex crimes with minors as victims in 1946. Law of the Republic of Indonesia No. 2014 No. 35 on Modification. Law 23 of 2002 mostly regulates child protection. Criminal sanctions for same-sex sexual deviance refer to some of the severe penalties that can be threatened or imposed on people who commit or assist in committing crimes listed in Article 292 of Law No. Criminal law.

Case Study of Supreme Court Decision Number 418 K / Pid / 2016 Against Criminal Perpetrators Participating in Making Fake Letters

The problem that arises with medepleger in the crime of document forgery is that its application is not explicitly regulated in the Criminal Code regarding its punishment. Then a gap emerged between das sollen (the Criminal Code does not explicitly regulate the criminal offense of participating in making fake letters) and das sein (many people who commit crimes taking part in making fake letters), as in Supreme Court Decision Number 418 K/Pid /2016. This research aims to determine the regulation of the criminal act of forgery of letters in the Criminal Code and to determine the imposition of criminal sanctions against perpetrators of criminal acts who participate in the continuous production of fake letters. This research is a type of normative juridical research, with a statutory approach and a case approach. Research data relies on primary data in the form of statutory regulations and binding decisions and secondary data, namely library sources. As for the research results: the legal arrangements for inclusion in the Criminal Code are regulated in 55 paragraph 1 of the Criminal Code. Regulations for the act of falsifying letters are regulated in Chapter Overall, what is at the core of all forms of criminal acts of letter forgery are making fake letters, falsifying letters and using fake letters or forged letters. what is formulated in the Articles on falsification of letters is the action on the object or form of the letter. The imposition of criminal sanctions against perpetrators of criminal acts who participated in making fake letters which is carried out continuously in the Supreme Court Decision Number 418K / PID / 2016 is based on legal facts, whether through witness statements, defendant statements, or evidence, mitigating and aggravating matters. the defendant and based on juridical considerations. In this case the defendant committed the act by means of participation. With the fulfillment of the elements in article 263 paragraph 2 of the Criminal Code jo. Article 55 paragraph 1 of the Criminal Code means that the criminal act charged is legally and convincingly proven according to the law.

Drivers of Pharmaceutical Compounding: Regional Experience Analysis Using Irkutsk Pharmacy Organisations as a Case Study

INTRODUCTION. National pharmacy compounding is a priority for providing the population with medicinal products, particularly the medicinal products lacking in the Russian Federation. Investigating opportunities to improve the operation of compounding pharmacies in the Russian Federation remains essential, especially in the context of the developing personalised approach to treatment, growing practice of orphan drug development, and import substitution needs.AIM. This study aimed to identify the factors driving the development of compounding pharmacies under the current conditions.MATERIALS AND METHODS. The study focused on the Russian regulatory framework for pharmacy compounding, as well as the range of dosage forms and administration routes of the medicinal products that had been produced and packaged by the compounding pharmacies in Irkutsk in 2021–2023.RESULTS. This study showed a demand for compounded medicinal products among both healthcare providers and patients. These medicinal products covered a traditional range of compounded medicines, including custom formulae, medicines for paediatrics and geriatrics, stock preparations, and pharmacy-packaged items. In 2021–2023, the mean annual production of Irkutsk pharmacy organisations amounted to ~500,000 units of compounded medicinal products, with a variety of doses and dosage forms. The medicinal products were compounded using ~100 different active substances and over 20 approved medicinal products. This study examined the evolution of Russian pharmacy compounding legislation. The key aspects included the establishment of a pharmaceutical quality system for compounded medicinal products, the extension of shelf life for specific dosage forms, and the authorisation to use medicinal products approved in the Eurasian Economic Union in compounding. The study showed that the main factors driving the operation of compounding pharmacies were the ongoing regulatory framework transformation and the transition from standardised treatment to personalised medicine. The main impediments for compounding pharmacies included the lack of state support, the ban on compounding medicinal products produced by pharmaceutical companies, the shortage of skilled staff, the inadequate supply of equipment (first of all, production machinery), the poor availability of active substances and excipients in small packages, and the challenges associated with regulatory control and oversight over the quality of compounded medicinal products.CONCLUSIONS. Further stimulation of the active development of compounding pharmacies requires further investigation into their operation in other regions, which will help to develop legal arrangements for the federal and regional state support of compounding pharmacies, procure up-to-date materials and equipment, and train the staff for compounding pharmacies.

#Freebritney: strategies of counternarratives and self-regulation in digital feminist counterpublics

ABSTRACT The conservatorship of Britney Spears represented a legal arrangement that placed multiple restrictions on the celebrity’s autonomy. The conservatorship also became the center of an activist movement that demanded a restoration of her rights, commonly known as #FreeBritney. Since 2009, this primarily online group has worked to raise awareness of and bring an end to Spears’ conservatorship, an objective that was ultimately achieved in 2021. Through a thematic analysis of interviews with self-identified #FreeBritney activists, we analyze this movement as a digital feminist counterpublic through two key themes: 1) #FreeBritney’s central mechanism of generating counternarratives about Britney Spears’ conservatorship and 2) its self-regulating structure. Taken together, these themes surface #FreeBritney’s feminist values, specifically regarding its attention to representation, narrative, and non-hierarchical organization practices. We argue that #FreeBritney poses compelling questions about key tensions at the intersection of fandom, digital activism, and feminist media theory. By positioning #FreeBritney as a digital feminist counterpublic that achieved its main goals, we interrogate the multifaceted nature of digital engagements with feminism, building on important work in internet, media, and feminist studies.

Implementation Of Restorative Justice Approach In The Settlement Of Narcotics Crime Cases

The phenomenon of narcotics abuse is a serious problem that requires special handling, especially in Indonesia. Traditional approaches that emphasize criminal punishment have not proven to be fully effective in resolving this problem. This study examines the implementation of the restorative justice approach in resolving narcotics crime cases at the Bintan Police. The restorative justice approach emphasizes victim rehabilitation, perpetrator rehabilitation, and reconciliation between perpetrators and victims as an alternative to prison sentences. The purpose of this study is to analyze the legal arrangements that support the restorative justice approach in narcotics cases, evaluate the implementation of this approach in the Bintan Police, as well as identify the obstacles faced and formulate relevant solutions. The research method used is a qualitative method with a case study approach, involving in-depth interviews with police officers, medical personnel, and other related parties, as well as analysis of applicable legal documents and policies. The results of the study show that although there are efforts to implement a restorative justice approach in the Bintan Police, the implementation is not optimal. The main obstacles faced include a lack of adequate rehabilitation facilities, limited understanding among law enforcement officials, and social stigma against narcotics addicts. The study found that better coordination between institutions, intensive training and socialization, and improved rehabilitation facilities are needed to overcome these barriers. Based on these findings, the suggestions given include increasing the capacity and quality of rehabilitation facilities by the government, further training for police officers on restorative justice approaches, and educational campaigns for the community to reduce stigma against narcotics addicts. With these steps, it is hoped that the restorative justice approach can be applied more effectively, providing a more humane and recovery-oriented solution in handling narcotics cases at the Bintan Police.

Trusting organizational law

AbstractDecentralized governance technologies like blockchains are often proposed as substitutes for private legal arrangements like those provided by company law or organizational law more generally. In established legal systems in developed countries, the costs of implementing such algorithmic mechanisms are likely to be greater than the agency or other costs that come from selecting and trusting an existing third party. But even if that were not true, attempting to achieve decentralized governance solely by algorithm is more complicated than it appears and incurs significant “formalism costs.” Such costs can be reduced by the wealth of experience represented by the operational processes of organizational law. Mixing those operational processes with algorithmic governance by “opting into” organizational law, thereby letting it govern the interface between the algorithms and the real‐world legal rights associated with an organization, is likely to be a governance model superior to the use of algorithmic governance alone.

Analisis Perbandingan Penegakan Hukum Tindak Pidana Kecelakan Lalu Lintas oleh Anak di Indonesia dan Malaysia

The number of traffic violations and accidents by children in Indonesia and Malaysia is quite high as evidenced by the many cases that have occurred in both countries, giving rise to debates about the regulation and application of law enforcement of traffic accidents by children in both countries. Law enforcement is a whole series of actions to maintain and maintain the balance of rights and obligations of citizens in accordance with human dignity and dignity, as well as their respective responsibilities according to their functions fairly and equally. This research aims to compare the regulation and law enforcement of criminal traffic accidents by children in Indonesia and Malaysia. The research method is normative juridical with statute approach and comparative approach. The data used is secondary data and analyzed descriptively qualitative. The data collection technique used in this research is library research. The result of the research is that criminal responsibility for traffic accidents by children in Indonesia already has an integrated arrangement with Undang-Undang Nomor 11 Tahun 2012 Tentang Sistem Peradilan Pidana Anak through the practice of diversion and restorative justice approaches. Whereas in Malaysia, there is no integration of legal arrangements specifically related to law enforcement of criminal traffic accidents by children. There are only rules regarding child driver traffic accidents in Sections 39 of the Road Transport Act 1987 (Act 333) and rules regarding the age limit of child criminal liability through the Kanak-Kanak Act 2001 (Act 611) and the Malaysia Penal Code.

Narrating Recruitment Model for Legislator Candidates: Is It Fair?

This research analyzes the problems of democratic and aspirational recruitment models and mechanisms for legislative candidates by political parties, aiming at formulating cadre-based recruitment arrangements that best represent democratic ideals. Using normative legal, conceptual, statutory and comparative approaches, this article argues that there are two principal recruitment problems. First, legal arrangement pertaining to methods, procedures, and requirements for the recruitment is generally absent from the statutory regulations. Second, the internal process of decision-making within the political party is generally undemocratic, owing partly to the pragmatism and power-oriented calculation of the elites within the party. Recommendation for ideal recruitment arrangements is thus proposed to ameliorate these problems. Among others, the recruitment by political parties must consider aspects of representativeness, ideological consistency, internal political party flow, development of career path-based cadre systems, and quota fulfillment. Additionally, political party cadre needs training to boost their skills in carrying out main duties and functions as a member of the Board People's Representatives

Fragmented property rights and their risks on foreclosed housing: a qualitative comparative analysis based on judicial auctions in China

During China’s transition towards land and housing marketization in the 1980s to 1990s, a series of legal and policy arrangements led to the separation of land ownership from land-use rights, followed by the separation of housing ownership from land-use rights. This has institutionally fragmented the housing property rights, allowing properties to be financialized as collaterals. Consequently, the fragmentation of housing property rights inflicts substantial risks on judicial auctions of foreclosed housing. As China’s real estate sector is grappling with a mounting debt crisis, it becomes imperative to enhance the efficiency of judicial auctions to address bank debts and stabilize the housing financial system. By employing the cs-QCA method with a dataset comprising 136 cases of foreclosed properties, this study reveals the critical role of various configurations of property-rights risks in determining the outcome of judicial auctions. Additionally, it identifies the importance of credible commitments offered by the courts in mitigating property-rights risks. The research expects to provide practical and theoretical insights for China’s courts and financial institutions to manage foreclosed properties effectively.

Legal Efforts of the Indonesian Government for the Protection of Marine Resources Due to Damage to Marine Ecosystems by Fishermen

As a huge maritime country, Indonesia has tremendous potential for marine resources. Indonesia is the largest tropical marine country in the world and has the largest biodiversity in the sea. The potential of marine biological resources in Indonesian waters has always been able to provide optimal benefits for the economic and socio-cultural development of the community. However, many fishermen conduct fishing easily and destructively (destructively fishing) of marine ecosystems using fishing gear that is not environmentally friendly to meet the demand for fish needs. The perpetrators use Dupont Lannate chemicals containing Methomil with mashed fish and then spread it into the sea, then pick up the dead fish. The use of chemical poisons can kill the animals that make up the coral so that the coral becomes discolored which eventually dies and other fish that are not targeted also die. Therefore in this study, the author examines law enforcement in Indonesia’s marine territory to protect the biodiversity of Indonesia’s marine areas. this study uses a Normative research type that examines national and international legal arrangements regarding the protection of the marine environment. Therefore researchers examine the regulation and effectiveness of law enforcement in Indonesia.

A PRELIMINARY ANALYSIS ON THE VIETNAM'S EXPORTS INTO THE EU AFTER THREE-YEAR IMPLEMENTATION OF THE EVFTA: PRACTICE, CHALLENGES AND PROSPECTS

The EU-Vietnam Free Trade Agreement (EVFTA) has ever been a concerted effort to cooperate and narrow down the gaps between Vietnam and the EU with the common aims of mutual benefits, understanding and developments for both. Started in 2010, it took 10 years to complete the negotiations and legal arrangements before taking effect officially in August, 2020. Three years have passed since the day of being ratified, the EVFTA has contributed a certain push towards the recovery and growth for Vietnam’s economy, especially when the COVID-19 pandemic has severely damaged most of the world’s economies. However, as there are going to be a great deal of changes when the EU has been now actively changing and adapting itself to the greener” level as of the requirements of the era and transformation economy, the new time and new contexts have continuously revealed a great number of new challenges to Vietnam’s adaptable abilities, besides the ones which have been foreseen and overcome in the past. This article looks at the overview of the EVFTA, and the trade volume from Vietnam to the EU during the first three years of the EVFTA implementation before discussing the new prospects and challenges to Vietnam in the near future.

Socio-environmental mining conflicts: between women's bodies-territories and disputes in the field of and in the Law

This article investigates the rights violations and resistance movements of women affected by mining. A literature review relates the extractivisms of the hegemonic development model and its political and legal arrangements with the forms by which large companies appropriate space. The general objective is to demonstrate that rights violations materialize in the body-territory and are faced by women on a daily basis. One of their resistance strategies is the arpilleras, which are embroidered canvases through which women expose their values, and those of the community, and address the problems they face. Between stitches and embroidering, it is our understanding that the women are not only fighting over the place of normative production but also to guarantee their active participation in decision-making spaces. Their actions reveal other epistemes, connecting art and memory produced in the territories in their search for effective political-institutional responses to the violations suffered and to obtain socio-environmental justice.

Rights of nature, an ornamental legal framework: water extractivism and backbone rivers with rights in Colombia

ABSTRACT Rivers have been at the centre of judicialization processes that have forged post-human legal experiments, gaining new rights, personhood, and legal agency. This article interrogates river rights jurisprudence through discourse analysis and using my engagement as situated researcher, revealing the positionality of rivers in the configuration of extractive regimes and contributing to the conceptualization of ‘water extractivism’. I argue that the enshrinement of rights to watercourses has become an ornamental legal framework that doesn't dismantle the private law ‘legal arrangements’ that provide stability and fluidity to extractive projects and interests that still take precedence over human and non-human rights.

Considerations for Alternative Decision-Making When Transitioning to Adulthood for Youth With Intellectual and Developmental Disabilities: Policy Statement.

With advances in medical care, more youth with intellectual and/or developmental disabilities (IDD) are transitioning into adulthood. Patient- and family-centered, integrated care is warranted around this time of transition. Support teams (including the youth, caregivers, teachers, and pediatricians) should engage in transition planning, ideally starting between 12 and 14 years of age, to identify and develop resources to support the maturing youth's capacity for independent decision-making. Care teams should consider the varied levels of alternative decision-making support, which may include supported decision-making, medical proxy decision-making, power of attorney, and/or establishment of legal guardianship arrangements, to support the youth's health and well-being optimally. Ultimately, if independent decision-making is not appropriate, the goal for youth with IDD should be the least restrictive alternative, while preserving human rights and human dignity and promoting their autonomy. These considerations review alternative decision-making support, concepts, and legal requirements available for youth with IDD and their care teams. Pediatricians can support youth with IDD and their families in the transition process and decision-making autonomy by actively engaging the youth in care decisions, supporting needs for augmentative communication, fostering their expression of preferences and understanding of care decisions, and linking them to resources such as the medical-legal partnership model.

Pengaturan Hukum Terkait Penggunaan Telepon pada Penagihan Peer to Peer Lending

Peer to peer lending (P2PL) is an online-based money lending platform. P2PL billing is very diverse even though it has been regulated in several regulations in Indonesia but still requires continuous study. The objectives of this study are (1) To find out the reasons for the need for more detailed legal rules related to debt collection procedures in P2PL and (2) To find out the future legal rules regarding P2PL debt collection procedures that have not been regulated in Indonesian laws and regulations. This research uses normative juridical research using statutory, conceptual and comparative legal approaches. The result of this research is the reason for the need for more detailed legal arrangements related to debt collection procedures in P2PL is to achieve justice in the form of balance for the parties involved in P2PL and the detailing of billing arrangements by telephone means which are explicitly stated in the legislation by categorizing continuous telephone ringing and conducting telephone conversations repeatedly with the intention of disturbing, abusing, or harassing someone at the intended number in the category of violence and the obligation to disclose the identity of P2PL debt collectors in every collection in any form.

POLITIK HUKUM PERADILAN PAJAK DALAM SISTEM PERADILAN DI INDONESIA

AbstractThe problematic legal arrangement of the tax court as stipulated in Article 5 paragraph (1) and paragraph (2) of Law number 14 Year 2002 on Tax Court, paragraph (1) "Technical judicial guidance for the Tax Court is carried out by the Supreme Court and paragraph (2) Organisational, administrative, and financial guidance for the Tax Court is carried out by the Ministry of Finance (now Ministry of Finance). This is certainly different from the independent judicial system or what is known as the "one roof system" in Law number 48 of 2009 concerning Judicial Power. This research uses a juridical-normative legal research method. The Juridical-Normative approach uses methods and techniques through a statute approach, case approach to examine the separation of powers and checks and balances of two power institutions, which attributively regulate the position of the Tax Court with the Tax Court Law and the Judicial Power Law and examine the Constitutional Court's decision relating to the discussion of the legal issues studied. The results of an in-depth study of the legal politics of the establishment of the Tax Court Law, should be directed at efforts to establish an independent judicial system "one roof system" and the Constitutional Court's decision to grant and declare Article 8 paragraph (2), Article 8 paragraph (3) and Article 13 paragraph (1) of the Tax Court Law does not have binding legal force, in maintaining the spirit of independent judicial power so that the court does not become an instrument of power (machtsapparaat), but becomes an instrument of law (rechtsapparaat), it is necessary to revise the Tax Court Law as part of improving the separation of powers and cheks and balances.Keywords: Legal Politics, Tax Court, Separation of Powers, checks and balances