Legal Aspects Research Articles

To Eat or Not to Eat: The Donkey as Food and Medicine in Chinese Society from the Medieval Period to the Qing Dynasty.

Humans and donkeys have had a closely interactive relationship throughout history, despite being two completely different species. How has Chinese society viewed the donkey in its long history? How have donkeys been used? And what kind of boundaries do people place on the donkey? This study has focused on the consumption of donkey in Chinese history from medical, cultural and legal aspects. All in all, considering food, medicine, and legal viewpoints, from the medieval period to the Qing Dynasty (1644-1911), the question whether or not one should consume donkey depended on its characteristics, taste, texture, and the side effects, as well as whether the manner of consumption is consistent with social moral standards and its derived legal boundary issues.

Geographical indication in Indonesia: A review on the spatial distribution and classification of geographical indication‐registered products and ‐related publications

AbstractThe status and trends of geographical indication (GI) registration in Indonesia is presented and analyzed. Indonesia amended the GI‐related legal systems in 2019, and despite its increase in registration and policy developments, the extent of coverage and classification of GI‐registered products remain unclear. Thus, we analyze the current status and trends of GI registration by mapping the spatial distribution and classification of GI products. We supplemented our analysis by capturing and reviewing GI‐related publications in Indonesia. Results showed that GI‐registered products are concentrated in Java and Sumatra regions, with agricultural products as leading commodities. The spatial distribution further exhibits that cultural and traditional values play an important role in shaping GI products. Meanwhile, for GI publications, we documented that scientific literatures produced by domestic scholars are more abundant than international publications. Although this is a positive assertion, reviewed publications are mostly focused on the legal aspects. Other aspects such as GI promotion, development, and benefits are lacking. The policy and practical implications of such findings highlighted the critical role of provinces and domestic scholars in promoting GIs of Indonesia to the global arena.

A ABORDAGEM MULTIDIMENSIONAL DO ABUSO SEXUAL CONTRA CRIANÇAS E ADOLESCENTES: IMPACTOS PSICOLÓGICOS, SOCIAIS E JURÍDICOS, COM ÊNFASE EM ESTRATÉGIAS DE PREVENÇÃO E INTERVENÇÃO

The research addressed the topic “The Multidimensional Approach to Sexual Abuse against Children and Adolescents: Psychological, Social and Legal Impacts, with Emphasis on Prevention and Intervention Strategies”, examines the problem of child and youth sexual abuse through an integrated analysis psychological, social and legal aspects. Initially, it explores the profound psychological consequences, such as trauma, anxiety disorders and depression, that affect the development of victims, and highlights the importance of psychological support for recovery. In the social field, it analyzes the impact of abuse on the family environment and the community, discussing the stigma and challenges faced by victims and their families. In the legal sphere, the study investigates legal responses and public policies external to the protection of children and adolescents, emphasizing the importance of an intersectoral protection network and the implementation of laws that promote the effective defense of victims’ rights. Furthermore, prevention and intervention strategies are addressed, such as public policies, educational campaigns and family support programs, which play an essential role in building a safe environment and combating abuse. The research concludes that a multidimensional approach is essential to confront child sexual abuse, integrating psychological, social and legal efforts to promote an effective protection network and reduce the incidence of this crime.

GRUPO DE EXTERMÍNIO: UMA ANÁLISE JURÍDICA E SOCIAL DA INCITAÇÃO À VIOLÊNCIA NO ÂMBITO DAS CORPORAÇÕES POLICIAIS

This project aims to analyze the legal, social and structural aspects related to the actions of death squads within police forces in Rio Grande do Norte. The focus is on understanding the motivations behind these behaviors, such as social outrage, the search for status, financial gains, and other factors. The research also considers the historical, political and social circumstances that favor the emergence of these groups, highlighting institutional fragility, the absence of public policies and the precariousness of public security. These factors contribute to the proliferation of criminal groups within the police forces themselves, generating a cycle of violence and impunity. Cases that received major media coverage will be analyzed, such as those of Wendel Lagartixa and João Grandão, as well as Operation Caronte, which investigated a death squad in Ceará Mirim. The study will also investigate the social impacts of these practices, such as the effects on the families of the victims, the credibility of the police forces and society's perception of public security. The research seeks to understand the mechanisms that support these death squads and present different views of what happens in the illicit mode of police operations and what happens later to the victims' families and the corporations themselves.

GRUPO DE EXTERMÍNIO: UMA ANÁLISE JURÍDICA E SOCIAL DA INCITAÇÃO À VIOLÊNCIA NO ÂMBITO DAS CORPORAÇÕES POLICIAIS

This project aims to analyze the legal, social and structural aspects related to the actions of death squads within police forces in Rio Grande do Norte. The focus is on understanding the motivations behind these behaviors, such as social outrage, the search for status, financial gains, and other factors. The research also considers the historical, political and social circumstances that favor the emergence of these groups, highlighting institutional fragility, the absence of public policies and the precariousness of public security. These factors contribute to the proliferation of criminal groups within the police forces themselves, generating a cycle of violence and impunity. Cases that received major media coverage will be analyzed, such as those of Wendel Lagartixa and João Grandão, as well as Operation Caronte, which investigated a death squad in Ceará Mirim. The study will also investigate the social impacts of these practices, such as the effects on the families of the victims, the credibility of the police forces and society's perception of public security. The research seeks to understand the mechanisms that support these death squads and present different views of what happens in the illicit mode of police operations and what happens later to the victims' families and the corporations themselves.

Juridical Analysis of the Determination of Child Custody in Dual Citizenship Divorce Cases: A Case Study of Supreme Court Decision No. 2021 K/Pdt/2020

The determination of child custody in divorce cases involving dual citizens is a complex issue that requires special attention to Indonesian legal jurisdiction. This study analyzes how Indonesian legal jurisdiction is applied in determining child custody in divorce cases involving couples of different nationalities, based on the Marriage Law No. 1 of 1974 and related international regulations. The case study of the Supreme Court Decision No. 2021 K/Pdt/2020 was also studied to understand the factors considered in decisions related to child custody. The main factors that the Supreme Court considers include the psychological and emotional well-being of the child, the financial ability of the parents, the relationship between the child and the parents, as well as the residence and nationality of the child. The results of the study show that custody decisions are always aimed at the best interests of the child, taking into account relevant national and international legal aspects.

Penetapan Batas Maksimal Bunga Pinjaman Pemegang Saham kepada Entitas Anak Perusahaan berbentuk Emiten atau Perusahaan Publik

In today's business activities, many companies in Indonesia choose to obtain funds from shareholders through loans from shareholders, compared to the mechanism of increasing issued and paid-up capital. Specific to subsidiaries with the status of public companies or issuers, the scheme of obtaining funds from shareholders through shareholder loans is considered relatively easier because it is an affiliate transaction. This study will further examine the appropriate form of regulation related to the determination of the maximum limit of shareholder loan interest to subsidiary entities in the form of issuers or public companies. Through a normative juridical approach with qualitative analysis methods, this study explores the existing regulatory framework, identifies gaps in implementation, and formulates comprehensive regulatory solutions. The results of the study revealed several important findings. First, the existing regulatory framework does not provide clear parameters regarding the maximum limit of interest on shareholder loans, causing inconsistencies in business practices. Second, the existing supervision and enforcement mechanisms have not been optimal in preventing potential abuse of shareholder loan schemes. Third, an integrative approach is needed that considers the legal aspects of the company, the capital market, and taxation in determining the maximum reasonable interest limit. This study recommends the establishment of a special regulatory framework that regulates the determination of the maximum limit of shareholder loan interest.

Analisis Hak Serta Rehabilitasi Nama Baik Korban Tindak Pidana Pencemaran Nama Baik Melalui Media Sosial

The rapid development of globalization today facilitates access to information circulating on social media, both positive and negative. This study examines the increasing cases of defamation in the digital age, focusing on legal protection aspects and rehabilitation efforts for victims. The purpose of this writing is to understand the role of the government and law enforcement authorities in addressing defamation offenses. Using a normative legal research method, it is concluded that: 1. To understand the forms of defamation offenses, 2. To determine the rights of victims of defamation. Protection and rehabilitation efforts for one's reputation are crucial in this era, considering the advancements in technology and the widespread occurrence of defamation.

Іnternational legal aspects of combating doxing in the digital age

The authors explore the issue of safeguarding personal data, particularly its identifying components, in the context of the Internet. Doxing, a criminal act involving the unauthorized collection of information and its public dissemination without the owner’s consent, has gained significant traction on social media platforms, where identifying information can be quickly spread and misused against individuals. Large language models (artificial intelligence) are integrated into many software programs designed to protect personal data. However, in light of large-scale data breaches, the authors raise concerns about the liability of entities or individuals who fail to adequately secure such data, especially when cyber incidents are linked to the use of AI. The rapid advancement and widespread use of artificial intelligence contribute to these growing concerns. In 2023, the emergence of several language models facilitated both the manipulation and aggregation of data, exacerbating the problem. The authors express serious concerns about ensuring user privacy and information security in a landscape increasingly shaped by open-source intelligence and the further exploitation of such data. In an era where personal data has become a highly valuable commodity, protecting it has become a priority for governments worldwide. In light of this, the authors aim to examine and synthesize international legal approaches to safeguarding the right to privacy and regulating the protection of personal (identifying) information on the Internet. The study relies on general scientific methods of inquiry, including comparative analysis and modelling. The authors conclude that cyberattacks, the theft of personal data, the increasing use of open-source intelligence, the penetration of digital identification technologies into all socio-economic processes, and the proliferation of the Internet of Things pose real threats to individual privacy and the security of identifying information as a critical component of personal data.

Renewable energy and energy justice in the Middle East: international human rights, environmental and climate change law and policy perspectives

Abstract The concept of energy justice is now a divisive issue throughout the world. Clean energy is becoming increasingly unavailable to a large portion of the population. Against this backdrop, this article explores the legal aspects of renewable energy and energy justice in three major, traditionally energy-rich countries representing the Middle East: the Kingdom of Saudi Arabia (KSA), Iran, and Iraq. It critically evaluates these countries’ legal challenges of renewable energy and energy justice. The research found that renewable energy is becoming more necessary for sustainable development and resilience to climate change. Natural resource abundance, increasing energy use, and a commitment to global climate change goals all pose unique challenges and opportunities for countries in the Middle East region. From international human rights, environmental, and climate change law perspectives, this article analyses the current regulatory processes and legislative frameworks aimed at increasing the use of renewable energy sources and ensuring energy justice. Renewable energy in the Middle East has been influenced by regional initiatives, international treaties, and national legislation, all of which are examined in detail.

The definition of conflict of interest: international legal aspect

The article focuses on the study of international legal instruments in the field of corruption prevention, specifically addressing the definition of «conflict of interest». The relevance of the topic stems from the increasing incorporation of the conflict of interest concept into various areas of public management and administration through national legislation. Many works of scientists are devoted to the study of the problem of conflict of interests: the authors analyzing the definitions of key terms as outlined in national legislation; the essence of the definition is revealed through the typology and the classification of different types of conflicts of interest. However, at the national level, a comprehensive understanding of the application of the conflict of interest concept has not yet been fully developed. There is also a lack of a conceptual framework that satisfies the requirements of legal certainty. The question of the definition of «conflict of interest» in a way that is suitable for judicial and administrative application remains a matter of debate. An important step toward resolving this issue is the examination of international legal approaches to defining the essence of the concept. The article analyzes international conventions, declarations, and other legal instruments related to the fight against corruption to interpret and clarify the meaning of «conflict of interest». It clarifies international legal approaches to defining the term for the purposes of legal regulation. The article notes that the definition of conflict of interest can encompass a broad range of issues, particularly those related to combating corruption, which may fall within both administrative and criminal law. It is concluded that the term «conflict of interest», as a specific legal term, is not explicitly defined in international legal acts. The definition of «conflict of interest», as a complete and independent legal term, suitable for judicial and administrative use, is shaped by the context of state interests, the constitutional and legal framework, and public service requirements.

Legal Aspects of Ownership of Medical Records Documents as Objects of Material Property Rights for Hospitals

Article 297 paragraph (1) of Law Number 17 of 2023 concerning Health explains that medical record documents belong to health service facilities. This has legal consequences for hospitals to maintain the security, integrity, and confidentiality of medical records. However, patients still assume they are the owners of the contents of the records, so violations often occur in disclosing medical records which are not by the provisions. In the Indonesian legal system, ownership of property rights, according to Article 499 BW, is known as the term material which includes the meaning of goods and rights that property rights can control. With this background, the research aims to determine the legal aspects of ownership of medical record documents as objects of property rights for hospitals, so that disclosure of information contained in medical record documents is carried out by applicable legal provisions. The approach method used is normative juridical, the research specifications in this study are analytical descriptive. The data collection technique in this research is literature study and the analysis method in the research uses qualitative analysis methods. The research results prove that medical records can be classified as objects or goods (tangible objects). When referring to the grouping of objects, medical records can be categorized as movable objects. Medical records as movable objects can be owned by the party in charge of the property rights so that whoever controls the object is considered the owner as regulated in Article 1977 of the Civil Code.

IMPROBIDADE ADMINISTRATIVA:ESTRATÉGIAS EFICAZES PARA PREVENÇÃO E COMBATE À IMPROBIDADE ADMINISTRATIVA

This work aims to analyze New Law No. 14,230/2021 Administrative Improbity Law, in light of Sanctioning Administrative Law, in order to bring ways of preventing and combating administrative improbity in Brazil, focusing on the most effective strategies to mitigate this problem that affects public finances and administrative morality. The research was carried out based on the analysis of Law No. 14.230/2021 (The Administrative Impropriety Law), and was divided into three aspects: general considerations on the Improbity Law, conceptual and theoretical basis of the subjective elements of the LIA as well as the precept of Sanctioning Administrative Law, examining both the legal aspect examining both the legal aspects and its practical implications in the daily lives of public servants. The research used the inductive method, of a qualitative nature, with bibliographical review and analysis of judgments. The study revealed that, although there are robust legal mechanisms, their implementation faces challenges, such as judicial slowness and the lack of training for civil servants. It is concluded that it is essential to strengthen continuing education in the public service and improve inspection and control mechanisms to prevent administrative impropriety.

Why the immigration status of the category “Native speaker of the russian language” failed

The article analyzes the administrative and legal aspects of regulation of the immigration status “native speaker of the Russian language”, considered as a legal mechanism of accelerated acquisition of citizenship in the Russian Federation, which has lost its legal force. The author argues that the very structure of the internal elements of the legislative consolidation of this migration mechanism was proposed in such a way that the stages of its implementation created a set of problems, which were not solved constructively and in a timely manner by the state. Ultimately, this led to a loss of initiative.

The Evolution and Implications of CSR in Indonesian Tobacco Companies: A Bibliometric Analysis Based on Business Law Theory

Corporate Social Responsibility (CSR) is part of a company's responsibility in ensuring the welfare of the surrounding community. Even so, CSR from the cigarette industry contains many dilemmas both from the social, health and legal aspects that cover it. This research aims to determine research trends regarding the CSR paradigm from the cigarette industry as well as the business law perspective that is the legal basis. The method used is bibliometric analysis using the R Studio and Biblioshiny applications. The main database used is scopus.com from the year 1992-2024. The results found 36 publications that studied the CSR theme of the cigarette industry. The main focus of the study is still within the scope of the dynamics of the tobacco industry and the human and health side of the industry. There are only 9 articles that discuss CSR in the cigarette industry and 7 articles that discuss the legal ethics of implementing CSR in the cigarette industry. Not only has a study been conducted on the business legal side of CSR in the cigarette industry. This is a huge opportunity for future researchers to conduct a more comprehensive study in order to get a complete view of the legal aspects in implementing CSR in the cigarette industry both in Indonesia and in the world.

Blackout and Crisis Water Supply: Diversification of Water Intakes

Ensuring a reliable water supply during crisis situations is an essential global challenge as disruptions can severely affect public health and safety. Despite advances in crisis management, significant gaps persist in the preparedness of many cities to maintain water access during emergencies such as blackouts. The aim of this work was to develop a concept of crisis water supply for the city of Lubaczow. The theoretical part presents legal aspects related to crisis management, a description of the blackout, the characteristics of the city and issues related to the water supply system in Lubaczow. Based on the data obtained, water balance calculations were performed based on a crisis situation and several variants of solutions for a crisis water supply were proposed. Based on the results of a survey conducted among city residents, the level of residents’ awareness of the blackout was determined. The graphic part includes the location of water intake points.

THE LEGALITY OF RESOLUTION Nº 976/2021, EDITED BY THE COURT OF JUSTICE OF THE STATE OF MINAS GERAIS AND WHICH CREATED NEW EXTRAJUDICIAL OFFICES

The aspects involving Resolution No. 976/2021, issued by the Court of Justice of the State of Minas Gerais (TJMG), will be analyzed in light of the 1988 Constitution of the Republic, state legislation and the case law of the Supreme Federal Court. The aforementioned Resolution promoted the splitting of the extrajudicial offices corresponding to the 2nd, 6th and 7th Real Estate Registry Offices of the district of Belo Horizonte/MG, creating the 8th, 9th and 10th Offices. This involves the creation of new extrajudicial offices and the modification of districts by means of a resolution of the state judiciary. In the case under analysis, it is important to determine whether the then existing state law (Law No. 12.920/1998) would be sufficient to authorize the act by the TJMG; in other words, would it be necessary to issue a formal law by the Legislative Assembly of the State of Minas Gerais? In order to understand the legal aspects involving the construction and legality of the Resolution, the Constitution of the Republic of 1988, State Law No. 12,920/1998 and the decision of the Supreme Federal Court in direct unconstitutionality action No. 2,415/SP (which dealt with a similar situation) will be analyzed.

Subjects of Investment Activity in the Field of the Military-Industrial Complex

The concept of the subject engaged in investment activities in the military-industrial sector is examined from the view of investment law theory, current investment legislation, and specific regulations in the sphere in question. Based on this analysis, it is concluded that such a person should be a legal entity, which is listed in the consolidated register of military-industrial organizations and meets the necessary criteria. Their specific legal status is justified and explained, which entails additional public legal aspects and distinguishes them from other entities engaged in investment activities in other sectors of the economy.

INFÂNCIA E ALIENAÇÃO PARENTAL: UMA INTERFACE ENTRE ORDENAMENTO JURÍDICO E PSICOLOGIA

The present work investigates parental alienation, focusing on legal and psychological aspects related to the social phenomenon in question. It sought to verify the modes of prevention and repression used by the State to contain this practice, as well as the possible consequences and influences on child development and the establishment of parental relationships. It was investigated how the covid-19 pandemic reflected in cases of parental alienation. Recent data from the Superior Court of Justice of Piauí were broadcast by the Bom Dia Piauí program, pointing out that the number of cases of parental alienation doubled in the state during the period of social isolation, jumping from 10 cases in 2019 to 23 cases in 2020. In this sense, shared custody was explored in the research as a way to inhibit this practice. For the contextualization and analysis, a bibliographic and legislative research was carried out, and the use of theoretical references was allowed through the exploration of data contained in books, articles, scientific works, legislation and websites.

A formação em Direito e Saúde diante dos novos desafios do século XXI

The relationship between Law and Health is becoming increasingly complex, given the growing challenge of ensuring fundamental rights amid the various transformations that influence the global health landscape. In this context, Health Law emerges as an essential field of knowledge to address the legal aspects of health protection and the regulation of new practices and services, ensuring a balance between globalization, innovation, and the protection of human rights. The current issue of the Cadernos Ibero-Amricanos de Direito Sanitário presents a set of articles developed to engage with the central theme of the Congreso Internacional de Derecho Sanitário, a result of the collaboration between the University of Granada, Spain; the National University of Distance Education, Spain; and the Health Law Program of the Oswaldo Cruz Foundation, Brazil. Submission: 11/05/24 | Approval: 11/05/24