Legal Basis Research Articles

Research on legal regulation of invasive alien species in China

With the vigorous development of international trade and the in-depth advancement of economic globalization, China is facing the increasingly serious problem of invasive alien species, which poses a major threat to China’s ecological environment, economic development and human health. At present, although China has a comprehensive institutional norms in the prevention and control of invasion of alien species, but in the face of the challenge of invasion of alien species, China is still facing problems such as insufficient legal basis and imperfect specific legal system. Based on this understanding, this paper discusses the prevention and control of invasive alien species legal regulation, that although in recent years China has made certain achievements in the field of prevention and control of invasive alien species, but still faces a number of problems to be solved, should promote the relevant legislative amendments, and combined with the experience of developed countries to summarize the perfect.

The Urgency of Restorative Justice Regulation on Hate Speech

<div><table cellspacing="0" cellpadding="0" align="left"><tbody><tr><td align="left" valign="top"><p class="AbstractText">Regulations on the imposition of criminal sanctions in cases of hate speech on social media are, at some point, considered to degrade human rights to express opinions in the context of a democratic country. This research aims to provide an overview of resolving hate speech cases on social media using a restorative justice approach and how regulations should be created and developed. This research uses normative legal research methods using statutory and conceptual approaches. The concept proposed refers to the theory of restorative justice and the theory of establishing appropriate regulations. This research indicates that until now, there has been no strong and adequate legal basis for implementing non-penal resolution of hate speech cases through a restorative justice approach. In the Criminal Code, which revokes the article regarding hate speech in the Information and Electronic Transactions Law both before and after the Constitutional Court Decision, there is no reference to using a restorative justice approach in resolving existing cases. It is urgent to regulate restorative justice arrangements to guarantee legal certainty for the parties by considering recovery for damage and losses victims suffer based on a mutually agreed agreement. Restorative justice can mediate accusations of degradation of freedom of opinion and can maintain democratic values. Based on the regulatory formation process theory, some factors must be considered in designing and making restorative justice arrangements in hate speech cases.</p></td></tr></tbody></table></div>

LEGAL BASIS FOR ADOPTION NEW SUBJECTS TO THE RUSSIAN FEDERATION. PART 2. CONSTITUTIONAL PROCEDURE

The article is a continuation of the study of the legal basis for the admission of new subjects of federation into Russia, and it is devoted to the disclosure of the constitutional procedure of admission. What sounds a special emphasis in the work is a formal-legal approach to the disclosure of the subject of the study. Allocation of six stages of the procedure of admission of new subjects of federation into Russia is justified. Critical analysis of proposals to change the federal constitutional law ‘On the procedure for admission to the Russian Federation and the formation of a new subject of the Russian Federation in its composition’ is critically analysed.

Kajian Hukum Tata Negara terkait Pembatasan Kebebasan Berpendapat di Media Sosial di Era Pandemi COVID-19: Pendekatan Deskriptif Kualitatif

The COVID-19 pandemic has driven an increase in social media activity as a means of communication and expressing opinions, but it has also introduced new challenges to freedom of expression. This study aims to analyze policies restricting freedom of expression on social media during the pandemic from the perspective of constitutional law. A qualitative descriptive approach was employed, with data collected through in-depth interviews, focus group discussions (FGDs), and legal document analysis. The study involved 15 informants, comprising legal experts, human rights activists, and social media users. Findings indicate that 60% of informants consider the restriction policies to be ambiguous and prone to misuse, while 40% support these policies for maintaining social stability. In this context, the Electronic Information and Transactions Law (UU ITE) serves as the primary legal basis for these policies. Yet, its implementation is often criticized for conflicting with democratic principles and human rights. The study also reveals that while the policies have successfully reduced the spread of false information, their impact on freedom of expression is significant, including the removal of critical content targeting the government. This study highlights the need for more transparent, fair, and evidence-based policies to balance public protection and respect for individual rights. It contributes to constitutional law discourse by providing recommendations for policy revisions that are more responsive to the challenges of the digital era, particularly during crise

ANALYSIS OF ORGANIZING THE DELIVERY OF HUMANITARIAN AID IN CRISIS SITUATIONS

The article is devoted to analyzing humanitarian logistics in Ukraine, which has developed significantly since 2014 and increased, in particular, during the full-scale invasion of 2022. Humanitarian logistics have become critical to supporting both the military and civilians affected by the conflict. The authors research the impact of various aspects of humanitarian aid, including economic factors such as reduced exports and a drop in the gross domestic product (GDP), on the volume and efficiency of humanitarian aid delivery. In particular, the impact of the closure of large metallurgical enterprises on the country’s economy is analyzed. The activities of such charitable organizations as “Come Back Alive” and “Volunteering and Help Center” were reviewed, which carry out mass transportation of humanitarian goods and provide support to both military and civilian persons. These organizations play a key role in providing the population with necessary resources, such as medicine, food, hygiene products, clothing, etc. They also actively collaborate with international partners and volunteer groups to coordinate aid and improve logistics processes. Data on the amount of support provided by category (hygiene, medicine, food, etc.) are also considered. The article provides an analysis of the logistics routes used for the delivery of goods, taking into account various factors such as the safety of the routes, the efficiency of the transportation process, and the speed of delivery. The importance of flexibility and adaptability of logistics systems in the conditions of continued martial law is highlighted. The research emphasizes the importance of cluster analysis and clustering methodologies for effective decision-making in the field of humanitarian logistics. The article also includes references to legislative acts and portals that regulate and support humanitarian aid in Ukraine. These resources provide a legal basis for the activities of charities and provide important information for donors and volunteers. They contribute to the transparency and accountability of the aid delivery process, which is critical for maintaining trust on the part of the international community and the population of Ukraine.

Perlindungan Hukum Terhadap Pekerja/Buruh dalam Perjanjian Kerja Waktu Tertentu yang Mengandung Klausula Baku Studi Kasus Pada Perusahaan Wedding & Event Organizer

This thesis discusses the validity and legal consequences of work agreements for a set period of time (PKWT) that include standard clauses, using case studies from Wedding & Event Organizer companies. PKWT that include standart clauses is valid as long as it meets the legal requirements of the agreement in Article 1320 BW (1) and there is no abuse of circumstances in making an agreement by the parties, so it is important for the government to issue decisions that can be used as a legal basis for the use of standard clauses in making PKWT. The consequence of being violated of Article 1320 BW (1) is the agreement can be calcelled. So, it is important to formed a special institution to oversee the actions of employers in make terms of doing work relations as not to harm the workers/labourers more

ANALISIS KOMPARATIF MEKANISME PEMBAGAIAN WARIS HUKUM WARIS ADAT MELAYU DENGAN KOMPILASI HUKUM ISLAM: STUDI KASUS DI PROVINSI RIAU

The distribution of inheritance in the Riau Malay traditional tribe, especially in the Pelalawan Regency area, has an inheritance distribution system adapted from Islamic law. The distribution of inheritance in Malay customs uses the concept of gender-equitable distribution, where both men and women receive equal shares of inheritance through mutual consensus between the recipients of the inheritance in front of the traditional leader. The research method in this article uses qualitative methods and juridical analysis based on the iCompilation of Islamic Law. Key words: Inheritance, Malay customs, legal basis

U.S. vs. Russia: Cyber «Drang nach Osten»

In June 2022, the commander of U.S. Cyber Command, Paul Nakasone, disclosed that his soldiers had conducted offensive cyberattacks against Russia before the Special military operation in Ukraine began. These so-called “hunt forward” operations are part of USCYBERCOM’s doctrine of persistent engagement. This doctrine involves the personnel of the Cyber Nation Mission Forces deploying to partner countries to work with their cyber defenders in their most critical networks and computer systems. Their mission is to search for and degrade enemy activities, while also researching their tools and tactics in cyberspace. This doctrine is one of Nakasone’s key innovations in Cyber Command’s course of action. Previously, U.S. cyber operations required authorization from the U.S. President. This restriction made actions like persistent engagement and hunt forward operations nearly impossible, as they require extensive activities within other countries’ networks even before a cyberattack is prepared. It is impractical to expect the President to approve every such request. Nakasone changed this by removing the requirement for presidential authorization. Today, this allows Cyber Command to conduct such operations - both defensive and offensive - much more broadly, and they are taking full advantage of this opportunity. The problem lies in the sphere of international law - both in the field of the law of war (jus in bello) and the right to war (jus ad bellum). U.S. politicians often claim that cyber operations can achieve strategic goals without crossing the threshold of armed conflict. In any other domain actions with similar effects could provoke war but not in cyberspace. This feature is its main advantage and the reason the U.S. sabotages other countr ies’ initiatives (particularly Russian) to establish a legal regime for state use of cyberspace. However, there is no consensus among U.S. specialists about the legal basis that legitimizes such operations against another country, both internationally and domestically. Yet, this ambiguity seems to work in the U.S. favor. In fact, U.S. soldiers have attacked another country’s (Russian) territory and this has not led to a direct war between Russia and the U.S. U.S. officials consider the hunt forward operation experience in Ukraine as both successful and useful for refining U.S. strategies in cyberspace, including the National Cybersecurity Strategy and the DoD Cyber Strategy. They plan to use such tools more broadly against Russia. Currently, the U.S. is actively working in the Post-Soviet area against Russia to disrupt Russia’s national interests. Among other things, Washington is attempting to coerce Central Asian states into alignment with U.S. interests. Hunt forward operations are an obvious tool of the United States, which Russia will most likely have to counteract there.

Disadvantages the Legal Effects of Reasoning and Operative Words in Writing a Civil Ruling (An Analytical Study)

The reasoning for civil judgments and what is said must be done in accordance with legal requirements and conditions that must be met in them, which we mentioned in the second chapter, so that the reasoning and what is said come out with something plausible and acceptable that It is suitable for justifying his ruling and the ruling issued by him in the case before him, so that he becomes able to understand all the elements of the realistic and legal case. Because causation is an obligation on the judge to achieve the goal. Because causation is an obligation on the judge to achieve the goal and the goal he seeks, and in the event of any defect in the causation and what is said, we are faced with a deficiency or contradiction between the reasoning and what is spoken It leads to a deficiency in the justification of judgments, as well as a contradiction between what is spoken and the justification. These two effects have an important consequence on the civil judicial ruling. Because the deficiency in the reasoning means not achieving the full goal intended by the legislator when it is necessary to mention the reasons in the ruling, so it is also called a deficiency in the legal basis of the ruling.

Access to and use of Data for better Healthcare: A Plea for a cooperative data and Research Infrastructure of Statutory and Private Health Insurers and the Network University Medicine (NUM)

With the Network of University Medicine (NUM) and the Medical Informatics Initiative (MII), the BMBF is funding two pioneering, structure-building research measures that are now being merged. The data integration centers (DIZ) of the MII are to be consolidated in the NUM. The aim is to establish a standardized research infrastructure within which the existing data from the clinical routine care of the 36 German university hospitals, from clinical cohorts and clinical-epidemiological studies can be used for various research questions upon request and via coordinated processes. The legal basis for this was the MII's "Informed Broad Consent", which had been agreed upon with ethics committees and data protection authorities and implemented in all NUM locations, with a so-called "health insurance module" that allows the collection and linking of routine medical data from statutory health insurance funds (GKV) and private health insurers (PKV) as a category of care-related data (VeDa). Linking this routine data with data from hospital information systems offers particularly high potential, as no single data source provides a complete picture of medical care and the two data sources complement each other optimally. The aim now is to integrate this routine data into the NUM's secure, transparent and participatory research infrastructure in a strategic partnership with statutory health insurance funds and private health insurance companies. This promotes Germany in its role as a research location and makes a decisive contribution to improving the quality and safety of healthcare in Germany in an evidence-based manner.

Kewenangan Mahkamah Agung dalam Publikasi Pada Putusan Perkara Privat

This study examines the Supreme Court's authority to publish rulings on private cases and its impact on individuals' privacy rights. This authority, framed by transparency and data protection principles, is grounded in the right to public information per the Indonesian Constitution and Law No. 14 of 2008. However, publishing decisions in sensitive cases, such as divorce and domestic violence, risks violating individual privacy. This research addresses the urgent need to balance transparency and privacy by analyzing the legal basis and limitations on the Court’s authority. Through normative legal methods and legislative analysis, this study reviews key guidelines, including Supreme Court Decision No. 2-144/KMA/SK/VIII/2022, to recommend privacy protections for sensitive information in judicial rulings. Findings indicate that, despite a general obligation to disclose court decisions, exceptions must be made for sensitive data to safeguard privacy, contributing to a nuanced approach to judicial transparency.

Resolution of Credit Agreement Disputes Due To Force Majeure From The Perspective of Syariah Banking

This study analyzes the impact of recession on credit contracts in Islamic banking, especially in e-commerce activities. Murabahah-based credit contracts, which are used as financing products based on credit sales, involve the customer's obligation to pay installments according to the agreement. However, recessionary conditions create difficulties for customers in fulfilling their obligations, thus creating the potential for payment delays that can be detrimental to the bank. From an Islamic legal perspective, conditions beyond human control, such as recession, can be categorized as force majeure, which provides a legal basis for customers to delay payments. Legal resolution of this situation requires an approach that accommodates the principle of justice, where the imposition of fines for delayed payments is often viewed as a form of usury by some scholars, because it is considered an addition that is not in accordance with Islamic principles. This study aims to provide a comprehensive understanding of dispute resolution based on the concept of murabahah in Islamic banking, by considering the impact of recession on the sustainability of credit contracts, while offering solutions that are in line with Islamic legal principles and protection of the rights of customers and banks.

Contemporary Challenges for Sharia Financial Institutions to Increase Competitiveness and Product Innovation Perspective of Sharia Economic Law: Evidence in Indonesia

Globalisation and technological advancement present contemporary challenges for Indonesia's Sharia Financial Institutions (LKS) in maintaining competitiveness and innovating. This study examines these challenges, including the acceleration of financial technology (fintech), regulatory changes, and rising consumer expectations for inclusive and efficient services. LKS is required to continuously innovate and create products that meet the needs of a dynamic market while still following the principles of Sharia economic law. This research discusses how LKS integrates fintech and Islamic financial technology in their operations. This research uses a qualitative method with a descriptive-analytical approach. Data were collected through a literature study and document analysis related to government regulations and policies regarding Sharia Financial Institutions. The literature study and document analysis also included laws and regulations related to Islamic finance, Islamic economic law regulations, academic articles (journals), and books that discuss product innovation and competitiveness challenges of Sharia Financial Institutions. This study found that regulations such as the Financial Services Authority Regulation (POJK) and the fatwa of the National Sharia Council of the Indonesian Ulema Council (DSN-MUI) provide a legal basis to support such innovation. However, LKS still faces challenges such as competition with conventional financial institutions, regulatory changes, and technological disruption. To remain competitive, LKS must adjust innovations such as Sharia fintech and crowdfunding following Sharia principles. In addition, public education on Sharia products is also important to increase financial inclusion. Through innovations such as factoring, bespoke financing, and solutions for online businesses, LKS can improve efficiency and empower small businesses while contributing to sustainable economic growth.

The role of the public health service in the implementation of heat health action plans for climate change adaptation in Germany: A qualitative study

BackgroundIn response to climate change-induced increases in heat periods, the WHO recommends the implementation of heat health action plans (HHAPs). In Germany, HHAPs are implemented neither comprehensively nor nationwide. Several recommendations have identified the public health service (PHS) at municipal and federal state levels as a key actor regarding to heat and health. Therefore, this study aimed at assessing the role of the PHS in implementing HHAPs at municipal and federal state levels in Germany.MethodsWe conducted a policy document analysis to assess the legal basis for the work of the PHS in the 16 federal states in Germany. Furthermore, we conducted semi-structured interviews with 16 experts from within and outside the PHS to explore their perceptions of the PHS in the implementation of HHAPs. The interviews were analysed using reflective thematic analysis.ResultsThe policy document analysis revealed that heat is not mentioned in any of the federal states’ regulatory frameworks for the PHS, while tasks related to environment and health are addressed, but tend to remain vague. The interviews confirmed that there is currently no clearly defined role for the PHS in implementing HHAPs in Germany and that the actual role primarily depends on the local setting. Main barriers and facilitators could be assigned to three levels (individual, organizational and political), and two overarching contextual factors (awareness of the need for adaptation and existence of other public health emergencies) influenced the implementation of HHAPs across all levels. At the individual level, motivation, knowledge and competencies, and previous experience were possible barriers or enablers. At the organizational level, administrative structures, financial and human resources, leadership and networks were barriers or facilitators, while at the political level they included legislation and political decisions.ConclusionsThe PHS could and should be a relevant actor for implementing measures addressing health and climate change locally, in particular because of its focus on vulnerable populations. However, our findings suggest that the legal basis in the federal states of Germany is insufficient. Tailored approaches are needed to overcome barriers such as rigid, non-agile administrative structures and competing priorities, while taking advantage of facilitators such as awareness of relevant actors.

Decision-making and ethical dilemmas experienced by hospital physicians during the COVID-19 pandemic in the Czech Republic

BackgroundDuring the COVID-19 pandemic, global healthcare systems faced unprecedented challenges, with a lack of resources and suboptimal patient care emerging as primary concerns.MethodsOur research, using a comprehensive 24-item electronic questionnaire, “Reflections on the Provision of Healthcare during the COVID-19 Pandemic,” delved into the experiences of 938 physicians across the Czech Republic.ResultsOver fifty per cent observed a “lower standard of care” compared to pre-pandemic levels. A division arose among physicians regarding a decision’s medical, ethical, or legal basis, with a notable gender disparity: male doctors leaned towards medical perspectives, whereas females accented the ethical perspective. Decision-making concerning health care limitations required agreement among the physicians on duty, interdisciplinary teams, or shift supervisors. Physicians reported varying degrees of patient or family participation in health care decisions. Variables such as age, pre-existing health conditions, and life expectancy influenced care decisions. Surprisingly, half of the physicians faced refusals of patients’ transportation to better-equipped facilities due to resource constraints. One-third of physicians never discuss the decision about care limitation and other options with patients or their families. As a result, almost fifty per cent of the physicians rarely or never imparted information about care limitations to patients.ConclusionThe survey shed light on the profound ethical dilemmas hospital physicians face across different types of healthcare facilities during the pandemic. It uncovered the need for open dialogue and scholarly debate on resource allocation and strengthening the role of patients and their families in care decisions in future healthcare crises.

Implications of Integration of Non-Business Entity Regulations into the Revised BAPETEN Regulation Number 3 of 2021

Government Regulation Number 5 Year 2021 on Risk-Based Business Licensing Implementation only regulates business entities. BAPETEN Regulation Number 3 Year 2021, as an implementing regulation in the nuclear energy sector, also only applies to business entities. Non-business entities' licensing for the utilization of nuclear energy needs a solid legal basis under the current regulatory framework. On the other hand, the BAPETEN Chairman has directed that the revision of BAPETEN Regulation Number 3 Year 2021 should integrate provisions for non-business entities. A brief study on the implications of this integration has been conducted. The study aims to identify and map the potential implications of the direction given by the BAPETEN Chairman. The results of the study include the following: Government Regulation Number 5 Year 2021 does not mandate regulations for non-business entities, a separate legal framework is needed to integrate provisions for non-business entities into the revision of BAPETEN Regulation Number 3 Year 2021, and adjustments must be made to the title of the regulation, scope of the provisions, and the legal drafting concept. Keywords: non-business entities, licensing, activity standard, utilization of nuclear energy.

Navigating Legal Transformation: Challenges and Prospects of Cybernotary in Enhancing Public Service Efficiency in Indonesia

The concept of cybernotary represents a transformative shift in the notary's role in the digital era, utilizing technology to enhance the efficiency and accessibility of legal services in Indonesia. While cyber notary holds potential for supporting the digitalization of notarial services and meeting the demands of modern society, its implementation in Indonesia encounters significant challenges, particularly in regulatory alignment and limited digital infrastructure. This study aims to provide a deeper understanding of how cyber notary supports the transformation of public services, making them faster, more efficient, and transparent, as well as to identify obstacles that must be overcome to achieve optimal implementation within state institutions. This research employs a qualitative approach, aimed at uncovering an in-depth understanding of e-Notarization's role in strengthening the digitalization process and enhancing the effectiveness of public services by state institutions. From a regulatory perspective, although there is a legal basis permitting electronic transactions, adequate technical and operational guidelines are still lacking to ensure smooth implementation. These challenges are particularly apparent in provisions requiring physical presence for the validation of signatures and fingerprints, which restrict the flexibility of notaries in serving the public digitally. As a result, these regulations constitute a principal barrier to the goals of cyber notary in delivering faster, more efficient, and more accessible legal services.

Securing the Lawsuit in the Civil Process: Albanian Civil Procedural Law

This paper focuses on dealing with the legal basis, mechanisms and importance of the institute of lawsuit insurance. The securing of the lawsuit is a temporary measure that is granted by the court, without fundamentally solving the case, when the conditions are proven by the applicant that there is a possibility of a serious and irreparable damage, from the execution of the administrative action or when it is suspected that the execution of the verdict will to become impossible or difficult . The securing of the lawsuit institute, as one of the oldest institutes of procedural law, has several characteristics that distinguish it from an ordinary judicial process. This paper will deal with the conditions of allowing, changing, appealing the securing of the lawsuit, the types and the difference between the securing of the lawsuit and temporary execution as decisions that are given by the court when it is suspected that the execution of the verdict on the plaintiff's rights would be impossible or difficult. Methodology: The scientific methodology used in this article is based on the research, analytical, comparative method. These methods have been used to study the concept of the securing of the lawsuit as part of the Albanian civil procedural law, seen in a comparative view between another civil procedural concept that of the decision with temporary execution. Received: 5 October 2024 / Accepted: 10 November 2024 / Published: 3 December 2024

Information Security Management in a Higher Education Institution Based on Standards, Legal Basis for the Optimization of Administrative Resources

Problems in managing information security for access to remote laboratories in higher education institutions are persistent worldwide. The objective of this research is to define alternatives to mitigate risks, vulnerabilities and threats in a remote laboratory for the management of information of students, teachers and administrators in a higher education institution. The deductive method and exploratory research were used with the application of seven phases defined by the authors. It resulted a simulation of the evaluation of the information security of a remote laboratory, an Architecture of a remote laboratory integrating virtual learning environments and a Model for the integration of information security in remote laboratories. It was concluded that information security analysis to mitigate risks, vulnerabilities and threats in a remote laboratory of a higher education institution is crucial to guarantee data protection, experiment management and integrity, confidentiality and availability (CIA). for information management of students, teachers and administrators; considering the optimization of administrative processes and the legal basis.

The non-emergency economic policy competence in Article 122(1) TFEU

The Next Generation EU (NGEU) programme has sparked a major constitutional debate in EU law, with assessments ranging from approving NGEU as creative legal engineering to repudiating it as breaching EU primary law.A third approach aims to transcend the first two by qualifying NGEU as a “constitutional moment” for the EU. What most of these assessments nonetheless have in common is that they – implicitly or explicitly – qualify Article 122(1)TFEU as an emergency legal basis. This contribution challenges the idea that Article 122(1) TFEU exclusively contains an emergency legal basis and provides a textual, systemic, historic and teleological reading of that legal basis in support. While reading Article 122(1)TFEU as such would both do away with most of the constitutional objections against NGEU and allow the EU to develop its own dedicated economic policy, complementing its coordination of the Member States’ national economic policies, a risk also arises of that legal basis conferring an unchecked executive power on the Council.To counter that risk, this contribution further identifies useful safeguards, ensuring that the vertical and horizontal balances of power within the EU construct remain intact.