Legal Basis Research Articles

Critical points for the processing of personal data by the government: An empirical study in Brazil

The General Law for the Protection of Personal Data (LGPD), issued in Brazil in August 2018, establishes as one of the legal bases for the processing of personal data the execution of public policies by the State. A systematic review of the literature identified the existence of six critical points that represent challenges for public managers in the elaboration and implementation of policies that require the processing of personal data. The objective of this research is to establish the levels of criticality of the factors identified by the literature review, as well as to verify the existence of other critical points on which the literature has not yet advanced. To this end, a group of 11 specialists was selected to participate in the research that used the Delphi Method, a technique that consists of applying a set of questionnaires sequentially and individually, in order to establish a dialog between the participants and build a collective response. The results indicate a coherence between what was verified in the theory and the perception of the specialists. Another 10 critical points for the processing of personal data by the government were mentioned by the participants. In general, the main elements of tension identified addressed the lack of training of public officials and the sharing of personal data.

Critical Analysis of The Law on Purchasing Gold on Credit

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

The Legal Basis and Application Approach of Article 42 of the United Nations Convention on Contracts for the International Sale of Goods

The Legal Basis and Application Approach of Article 42 of the United Nations Convention on Contracts for the International Sale of Goods

Policies and laws on human resource development in agricultural sector in Vietnam now

In the trend of the 4th Industrial Revolution and the trend of digital transformation, along with the orientation of building ecologically sustainable agriculture, modern countrysides, civilized knowledge farmers, meeting the requirements of international economic integration. More than ever, countries’ agriculture requires human resources from managers to researchers and those directly getting involved in agricultural production that meet the standards of professional qualifications, capacity and quality of work performance. In Vietnam, in terms of resources in the agricultural sector, there is a surplus of manual and simple labor but a shortage of high-skilled workers and lack of good managers and organizers. In terms of policies and laws in the field of agriculture, it is relatively complete when there are 15 laws passed in 4 production sectors: fisheries, forestry, horticulture and animal husbandry. This is an important legal basis to mobilize resources, including agricultural human resources in order to develop the country. However, the legal system on human resource development in the field of agriculture in general and on training, education, compensation and support in particular is still lacking and scattered. Thus, the article focuses on analyzing the current status of regulations and practices of implementing regulations on human resource development in the agricultural sector, thereby proposing corresponding policies and laws in Vietnam in the next time.

Temporary Waqf in Indonesia: Legal Basis and Implementation Challenges

Temporary Waqf in Indonesia: Legal Basis and Implementation Challenges

Tinjauan Kritis Pergantian Antar Waktu dalam Dinamika Politik Indonesia: Perspektif Demokrasi

Inter-Time Change (PAW) in the context of Indonesian democracy is often in the spotlight in political dynamics. This research uses normative legal methods with a statutory approach to analyze the legal and political aspects of PAW. The aim of this research is to examine the implications of PAW in the representative democracy system in Indonesia as well as the relationship between council members and political parties. The research results show that PAW is often used as a control tool by political parties over council members who are not in line with party policies. In conclusion, PAW has a strong legal basis but needs a more transparent mechanism so as not to shift the direction of people's representatives to become representatives of the interests of political parties.

HIERARKI PERATURAN PERUNDANG-UNDANGAN HUKUM EKONOMI SYARIAH DALAM PERBANKAN SYARIAH

Legal hierarchy is a term used for a legal structure that is tiered to become the basis for the authorities authorized to form it. Low norms are based on high norms, so that low (inferior) norms do not conflict with higher (superior) norms. The basis of the highest hierarchical sharia law is Islamic law, then other laws refine and are formed based on previous laws. This research uses a library research approach, with a qualitative descriptive method, looking for relevant sources related to the problem and then describing the data to describe the regulatory framework for Islamic economic law for use in sharia banking. This article will discuss the hierarchy of sharia economic law and regulations used in sharia banking. The two legal bases used in sharia banking are normative law (Islam) and positive law (state). Sharia financial institutions and the public can use this hierarchy as a reference in carrying out sharia contract transactions and resolving sharia economic law disputes.

Fiscal rules and economic cycles: Quality (always) Matters

This paper investigates the role of fiscal rules in managing public debt, particularly focusing on their efficacy during different phases of economic cycles. Analyzing Balance, Expenditure, and Debt Fiscal Rules, the study finds that their impact on debt reduction is significantly influenced by the quality of the fiscal framework and the economic cycle phase. Moreover, factors like legal basis, procedural framework, and political stability are identified as key to ensuring compliance with fiscal objectives. Our results suggest that fiscal rules are most effective in reducing debt during positive economic cycles, with the design and institutional support playing a crucial role. This has important policy implications, particularly in the context of the debt increase after the Covid-19 pandemic.

Kedudukan Kurikulum Pendidikan Agama Islam di Sekolah dan Madrasah

<p><em>This study explains that in the national education curriculum, the fiqh curriculum is one of the derivatives of the national education goals. The fiqh curriculum becomes a branch of religious science whose supporters achieve national education goals, specifically in the character-building of students. The method used is a qualitative approach through library research so that in analyzing data with literature analysis. In facing an era like this, the teachings of norms are needed for students. So that the learning of fiqh acts as a guide for students in distinguishing a problem, good or bad in terms of religion and socially. Learning of fiqh in schools and madrasahs itself is based on government regulation (PP) number 55 of 2007. The regulation contains religious and religious education which is a derivative of the national education goals. Therefore, this research aims to describe the position of the Islamic Religious Education Curriculum (PAI) in learning Fiqh in the context of the National Curriculum. The legal basis of the Islamic Religious Education (PAI) curriculum in fiqh learning, as well as the learning function of fiqh in schools and madrasas The current and last context is the benefit of fiqh learning for students in responding to social life.</em></p>

How to assess the res judicata effects of international arbitral awards: giving concreteness to an autonomous approach

Abstract The article seeks to demonstrate the inadequacy of the ‘conflict-of-laws’ approach to determine the res judicata effects of international arbitral awards. Demystifying the erroneous assumption that the rules on the scope of res judicata are per se a matter of public policy, the authors defend an ‘autonomous’ approach, which dispenses with domestic law and confers broad preclusive effects on awards, with a view to avoiding the re-litigation of a dispute that is, in essence, the same as one already decided by a prior award. The legal bases for such an approach are party autonomy and the inherent powers of arbitrators. Building on the ILA Recommendations and recording the evolution of the conception of res judicata in certain civil law jurisdictions, the article proposes the elements of an arbitration-specific notion of the subject matter scope of the res judicata of awards with respect to issues of substantive law, addressing the situation of the res judicata of an award relied upon in further arbitral proceedings. The authors urge soft-law-making bodies and arbitral institutions to tackle arbitral res judicata proactively and contribute to the development of rules to give secure guidance to arbitrators and courts in determining its proper contours.

The Concept of an Administrative Act in the CIS countries: Comparative Legal Analysis

The article is devoted to the concept of an administrative act, which is developing in the friendly legal systems of the CIS countries, considered in three aspects: doctrine, legislation and judicial practice. It is stated that the Russian theory of administrative act, on the one hand, is a creative development of the French and German doctrine, and on the other hand, it continues to have a certain influence on the post-Soviet space. On the contrary, in terms of legislation on administrative acts, Russian reality is lagging behind, since the rest of the CIS countries have already adopted westernized laws that, along with the rules on administrative procedures, also establish the material legal basis for the institution of administrative acts. Finally, it is substantiated that in terms of judicial practice on issues of control over the legality of administrative acts, the Russian legal system, despite a certain lag in the regulatory framework, is among the progressive among other CIS countries. The conclusion about the advisability of integrating the achievements of the CIS legal systems for the purposes of their further development is substantiated.

Study on the Path of Generative Artificial Intelligence Copyright Protection under the Strategy of Intellectual Property Power

Generative AI copyright protection is in response to the inherent requirements of AI development and intellectual property protection. At present, generative AI copyright protection faces problems such as insufficient legal basis for prevention and control mechanisms, unsmooth preventive systems, and poor operation mechanisms. Therefore, to solve the dilemma of generative AI copyright protection, it is necessary to take the principle of risk prevention as the concept, clarify the legal basis for generative AI copyright prevention, reasonably define the scope of generative AI, establish a multi-principal protection system to protect generative AI copyright, introduce diversified ways to help generative AI copyright maintenance, and set up a composite responsibility system to solidify the generative AI copyright protection bottom line, and establish an administrative protection system to protect the copyright protection bottom line. The bottom line of copyright protection is an administrative protection path to help generative artificial intelligence copyright protection efforts to promote the healthy development of the two in the integration.

Правовые стимулы и ограничения в механизме регулирования искусственного интеллекта в контексте реализации правоохранительной функции государства

The author offers an analysis of the regulatory legal acts prepared in the Russian Federation over the past four years, regulating the development of technologies using artificial intelligence. The legal basis of the mechanism for regulating artificial intelligence in the context of the implementation of the law enforcement function of the state is revealed.

Pengaruh Revolusi Amerika Terhadap Pembentukan Identitas Nasional di Amerika Serikat

The American Revolution (1775-1783) was a pivotal event in United States history that ended British colonial rule and initiated the formation of a strong national identity for the new nation. This research aims to explore how the American Revolution contributed to the formation of national identity in the United States. Through historical and contextual analysis, the study identifies key factors such as the influence of Enlightenment ideas, the role of revolutionary figures, and the development of political and cultural institutions that became the foundation of national identity. The study also examines the social and political impacts of the Declaration of Independence and the formation of the United States Constitution, which served as the legal basis and symbol of national unity. The findings show that the American Revolution not only achieved political independence but also inspired values of freedom, egalitarianism, and democracy, which are central to the national identity of the United States. This research provides insights into the historical process of national identity formation and its relevance to contemporary national dynamics.

The Criminal Acts of Corruption as Extraordinary Crimes in Indonesia

Corruption in Indonesia Law is almost present throughout the Law of the government, h at the central and regional levels. Although there are various disagreeing parties of corruption classified as extraordinary crimrally argue that corruption in Indonesia can be categorized as an e,xtraordinary crime because it is organized, systemic, a,nd has been looting so that it can negatively impact economic growth, legal enforcement, and national security stability. Therefore, to combat corruption crimes in Indonesia, the government has issued No. 31 of 1999 and No. 20 of 2001 on the eradication of corruption crimes as a legal basis for the eradication of corruption in Indonesia. However, with the issuance of Law No. 19 of 2019 for the amendment of Law No. 30 of 2002 on the Eradication Commission, various legal experts have assessed that corruption crimes in Indonesia can no longer be classified as extraordinary crimes because some of the extraordinary powers that KPK has as the spearhead of corruption eradication in Indonesia have been eliminated

China's Legal Governance Approaches toward Safeguarding Its Maritime Rights and Interests

Ocean development is crucial for modern states, and the importance of safeguarding and developing ocean rights and interests is becoming increasingly apparent. Economic development relies on the ocean, as does national sovereignty, security, and interests. In addition, national political and military development also depends on the ocean. China has long been committed to safeguarding its own ocean rights and interests, while also actively promoting the development of the international legal order for the ocean. In terms of international legislation, the United Nations Convention on the Law of the Sea provides a legal basis for safeguarding ocean rights and interests and plays a regulatory role in the maintenance of maritime rights and interests for all states. In terms of domestic legislation, many ocean laws in China play an important role in safeguarding China's maritime security and ocean rights and interests. As an important part of the legal system for safeguarding ocean rights and interests, maritime law enforcement has practical significance in the application of national jurisdiction at sea. China's maritime law enforcement, centered on safeguarding ocean rights and interests, is carried out by the reorganized China Coast Guard, guided by domestic and international legal norms, and strictly combats illegal and criminal activities at sea through international cooperation to protect the sustainable development of marine resources and environment and to safeguard international maritime public security and order while guaranteeing ocean rights and interests. In terms of judicial practice, China has already used legal means to effectively safeguard ocean rights and interests in the areas of marine environmental protection, maritime rights protection, fisheries law enforcement, and maritime traffic safety.

Artificial Intelligence Applications in Administrative Law "An analytical study"

This study aims at determining the role of artificial intelligence systems in the development and improving of the administrative legal base, and to identify the theoretical framework in the field of using the artificial intelligence in the administrative life and its impacts. Moreover, the study provides recommendations to the competent authorities in the field of artificial intelligence for its uses in administrative work in a manner that guarantees the various dimensions of the administrative development, Especially the technological dimension. Among the outcomes reached through this study is that the artificial intelligence is a modern technology that has been able to enter all fields, especially utility and service ones, and it is indispensable to exploit such intelligence in describing service quality when needs are satisfied. Finally, one of the most important recommendations of the study is to find a legal regulation for the artificial intelligence, in addition to strengthening the technological infrastructure to accommodate the intervention of this technology in the field of the administrative law; as flexibility and scalability are of its most important characteristics.

Applicability and legal consequences of the criminal conciliation procedure

This paper provides insight into the use and impact of criminal reconciliation as an alternative form of criminal procedure in the modern justice system. By allowing the parties to reach an agreement through negotiation under the supervision of the judiciary, criminal conciliation aims to achieve a speedy resolution of criminal cases, reduce the burden on the courts and repair as much damage as possible to the victims. The article first describes the legal basis of criminal reconciliation and its development in different countries, demonstrating the diversity of this procedure and its adaptability across the globe. Subsequently, the article analyses in detail the conditions and procedures applicable to criminal reconciliation, highlighting the various factors that need to be taken into account in its practical operation, including the nature of the case, the will of the parties, and the possible legal consequences. Through case analyses, it reveals the advantages of criminal reconciliation in dealing with certain types of cases, such as the ability to resolve disputes quickly and reduce litigation costs and time. In addition, the article also discusses the limitations and potential risks of criminal settlements, such as the possibility of compromising the fulfilment of justice and the lack of necessary transparency and oversight in some cases. Finally, the article proposes a series of improvements to the criminal settlement process, including strengthening the oversight mechanisms of the process, ensuring the fairness of settlement agreements, and expanding public awareness and understanding of the process. Through comprehensive analyses and discussions, this article aims to provide legal professionals, scholars, and policymakers with a perspective for an in-depth understanding of criminal reconciliation, and to help them assess and improve existing judicial practices so that criminal reconciliation can not only enhance judicial efficiency, but also operate on the basis of ensuring fairness.

The role of nurses in implementation of public policy on adolescent health in Colombia, Ecuador, and Peru

BackgroundIn Latin America, interventions aimed at adolescents’ health suffer from a shortfall of investment and lack of sustainability. Nurses, as an integral part of health services and systems, can lead the implementation and development of public health policies to improve adolescent health.ObjectiveTo identify and analyze the role of nurses in the development and implementation of public policies and in the provision of health care to adolescents in Colombia, Ecuador, and Peru.MethodsThe research was carried out in three phases: a documentary analysis, an online survey, and semi-structured focus groups. A total of 48 documents were analyzed, 288 nurses participated in the survey, and 29 nurses participated in the focus groups.ResultsState policies aim to guarantee rights, with special protection for children and adolescents. It is an incremental process, with greater involvement of civil society and governments. Participants reported a lack of synergy between law and practice, as well as differences in regulatory compliance in rural areas and in populations of different ethnicities and cultures. Their perception was that the protection of adolescents is not specifically enshrined in the legal bases and regulatory structures of the countries, meaning that there are both protective factors and tensions in the regulatory framework. While nurses are highly committed to different actions aimed at adolescents, their participation in policy development and implementation is low, with barriers related to a lack of specialized training and working conditions.ConclusionsGiven nurses’ involvement in different actions aimed at adolescents, they could play a fundamental role in the development of policies for adolescents and ensure their effective implementation. Policymakers should consider revising the budget to make compliance viable, incorporating and using monitoring indicators, and increasing the involvement of educational institutions and the community.

The need to improve registration practices in the context of space traffic management

This paper examines the legal basis and framework for the United Nations registration process for space objects. UN registration processes are compared against and contrasted with national and regional registration processes to highlight potential adjustments in light of the need for a space traffic management system. While there are shortfalls in compliance and monitoring of States’ responsibility to adhere to UN registration requirements, the growing importance of space traffic management is providing a catalyst for reform and recommitment to the ideals upon which the 1975 UN Registration Convention was based. Since the data provided to national registries and the UN register is not detailed enough and is not sufficient for creating a space traffic management regime, it is recommended that (1) the recommendations concerning the registration of space objects belonging to a large constellation that were agreed by the UNCOPUOS Working Group on the Status and Application of the Five United Nations Treaties on Outer Space in 2023 are implemented to ensure uniformity of registration practice regarding large constellations; (2) States incentivize good registration practices by other States, for instance by requiring that satellites of commercial actors are registered by the relevant launching State as a condition for market access; (3) the importance of furnishing additional information on the subsequent activity and status of objects, as required by the Registration Convention, UN General Assembly resolutions 1721 (XVI) B and 62/101 and Guideline A.5 para 2 of the UNCOPUOS Guidelines on the Long-Term Sustainability of Space Activities, be underlined.