Legal Basis Research Articles

Legal regulation of climate change in the context of global warming

The relevance of the problem stated in this article is due to the direct negative impact of the climate change, in particular the global warming, on most life-supporting human processes: production, agricultural sector, safe and secure dwelling of population, and more. The purpose of this article is to study the effectiveness and efficiency of harmonization of the national legislation of the developed countries in accordance with international legal treaties in the field of climate in the context of global warming. The formal legal method is the main one in the study of this issue, which allows making a legal analysis of the provisions of international legal treaties of both a general nature and special rules that relate to the carrying out of entrepreneurial activity, considering the minimization of negative impact on the climate change, as well as foundations for implementation of the carbon neutrality policy. As a result of research, it was made the legal analysis of the content of legal acts on the issue of climate change. The requirements for business entities were determined, provided for by the international legal agreements and leading to a decrease in the negative impact on the climate. In addition, it was made an analysis of the legal basis and feasibility of achieving the carbon neutrality in the developed countries until 2050. To a greater extent, the results of the study are of theoretical significance, since the generalization of requirements provided for by international law is the end result of the study, which together will lead to a decrease in the impact of global warming on climate change, states, business entities and individuals. In turn, the results of this study can be the basis for improving the mechanisms of influence on the climate both in the field of legal sciences and technical sciences. .

From the Concept of Storing Documents in Electronic Form to the Regulatory and Legal Basis of Creating National Archival and Library Information Resources

The aim of the article is to study conceptual principles of storing documents in electronic form, in particular, electronic documents, digital documents and creating metadata for them, taking into account integration processes of grounding national information resources in archival and library spheres of activity. Additionally, to trace tendencies in the implementation of existing concepts, to identify the best Ukrainian practices, to highlight defects, and offer possible ways to solve problems. Research methods. This study uses the following methods: theoretical, as moving from the abstract to the concrete, reality reflection in thinking; empirical, as observation and comparison; complex, as system analysis, synthesis and modulation; special, as graphic and component analysis; prognostication. Scientific novelty consists in implementating a systematic interdisciplinary comparative analysis of the problem of storing documents in electronic form in archives and libraries, in order to determine the directions for solving this problem, using the definition of common requirements for similar information objects and processes, particularly, in the context of the initiative to create the National Electronic Library of Ukraine, in which it is offered to integrate information on objects of national heritage stored in archives, libraries, museums, as well as thereafter data from publishers. Main conclusions. Based on the results of this research, it should be stated that Ukrainian archivists achieved the greatest success in developing the overall system from creation the documents in electronic form to their transmission for permanent storage. An important issue is the development of the “long-term storage” system, the formation of which, in our opinion, should begin with the requirements for the information objects with which this system will be filled. This will significantly affect the structure and content of the metadata needed to manage this system. The successful experience of Ukrainian archivists and librarians should be used here. The most urgent task is to put the finishing touches to the Concept of creating the National Electronic Library of Ukraine according to the best domestic and foreign practices.

Juridical Review of the Implementation of Foreign Arbitration Awards in Indonesia in the Perspective of Constitutional Court Ruling Number 4/PUU-XXII/2024

The implementation of foreign arbitration awards in Indonesia from the perspective of Constitutional Court Decision Number 4/PUU-XXII/2024 is crucial in both international and domestic legal contexts. This article provides a strong legal basis for arbitration usage in resolving cross-border business disputes in Indonesia, both domestically and internationally. The research contributes to the legal field by offering an in-depth normative juridical analysis of how unfamiliar discretion grants are executed in Indonesia. Data analysis was carried out descriptively and qualitatively. The research topic, namely, the Juridical Review of the Implementation of Foreign Arbitration Decisions in Indonesia in the Perspective of Sacred Court Choice Number 4 is analyzed using deductive methods, which entail deriving conclusions from general to specific, particularly regarding the research topic. In this specific situation, a juridical survey of the execution of unfamiliar mediation grants in Indonesia becomes vital to comprehend the effect of established Court Choice number 4 on international arbitration practices, legal certainty, and the investment environment in Indonesia.

The issues of development and functioning of common market of medical equipment and articles within the framework of the Eurasian Economic Union

The market of medical devices within the framework of the Eurasian Economic Union is regulated by special legislation that ensures formation of common market and compliance of products with all necessary requirements. This allows to ensure high level of quality of medical equipment and articles that contributes into improving safety and efficiency of medical procedures. The development of uniform requirements, considering world practices, is an important step, since it allows to guarantee high standards not only at level of single states, but also at level of the entire Union. This approach facilitates reinforcement of confidence to medical production of manufacturers from he Eurasian Economic Union countries. The article examines normative legal base regulating issues of formation and functioning of common market of medical equipment and articles within the framework of the Eurasian Economic Union. The analysis of normative legal base of the Russian Federation in section related to medical articles market was carried out. The analysis of the regulatory framework of the Russian Federation in terms of issues related to the market of medical devices was also carried out. The corresponding conclusions were made based on the study results.

EU environmental regulation for a circular economy in the light of national sovereignty

This paper aims to explore the impact of the latest European Union (EU) circular economy initiatives on the national sovereignty of EU Member States, specifically examining whether new EU measures encouraging a circular economy limit the domain of Member States’ sovereignty. Accordingly, the paper begins with the assessment of the measures laid out in the second Circular Economy Action Plan (CEAP) adopted in 2020. It analyses the effectiveness and impact of these measures in promoting a circular economy in the EU (Chapter 2). Following this, it reviews the progress made on implementing the actions listed in the CEAP, with a special focus on legislative and non-legislative measures. It highlights the achievements in the implementation process and provides a brief overview of key legislative proposals (Chapter 3). The following section explores how different countries in the EU are developing their own strategies to promote a circular economy (Chapter 4). Lastly, the paper delves into the notion of sovereignty within the EU and the relationship between the EU and its Member States. It analyses how Member States balance their national sovereignty in relation to the EU and investigates the types of instruments and legal basis used for regulating a circular economy (Chapter 5). The final section concludes, noting the current minor impact of the EU’s environmental regulation for a circular economy on national sovereignty (Chapter 6).

MUHAMMAD ASAD'S DESIGN OF AN ISLAMIC STATE IN POST-COLONIAL PAKISTAN

The paper aims to highlight Muhammad Asad’s epistemological postulate on Islamic politics as reflected in his works on Islamic state. It seeks to address these fundamental problems: what is the legal basis that support and establish Asad’s position of founding an Islamic state? and how could this idea fairly accommodates with the prevailing notion of nation state in post-colonial context. Thus, the study set forth to find the answers based on such range of objectives: to analyse the underlying ideas of Islamic state as advocated in the classical sources, to define the basic constitutional framework as developed by Asad in the context of historical Pakistan, to estimate the implication of implementing Islamic law and its impact on the global politics and its compatibility with international law. In this regards, Asad had formulated the constitutional ideas of Islamic state whose constitution contains the provision of Islamic law that practiced and implemented the norms stated in the Divine Writ. This ideas was partly enshrined in the Pakistan constitutional law whose political establishment was formed in 1947. The paper essentially discussed Muhammad Asad’s political ideas and its underlying philosophy as espoused in his works. The study conducted based on qualitative approaches of the type of library research. The data were analysed by way of descriptive, analytical and comparative technique. The finding shows that Muhammad Asad had formulated comprehensive theoretical framework of legal aspect of Islamic governance drawn up from the fundamental principle and doctrine of the shariah, and its moral norms deriving from the explicit Qur’anic and sunnah text, while also advocating democratic ideals and principles based on conventional practice and requirement of modern context of nation state. Based on this main finding, it is concluded that Islamic teaching and its spiritual norms were compatible with democratic ideal and values of human right, participatory and constitutional government as implemented in the democratic space of Pakistan.

환경침해에 대한 유지청구의 인정 근거로서 민법 제217조에 대한 고찰

As society develops and becomes more complex, damage caused by environmental infringement activities such as soil pollution and waste pollution is increasing. Environmental issues are considered an important key to determining our future. In the case of damage caused by environmental infringement, the first and foremost remedy is to claim compensation for damages afterwards. However, once damage caused by environmental infringement occurs, it is difficult to recover to its original state, and even if it is recovered, it is bound to take a lot of time and money. For this reason, proactive prevention is more important than follow-up relief in environmental infringement problems. Generally, an “injunction” is presented as a preventive remedy against environmental infringement. An injunction is the right to demand a certain action or inaction from the perpetrator when damage is occurring or is likely to occur due to environmental infringement. However, since it entails the prohibition of certain acts, it can excessively restrict the property rights of the perpetrator. Therefore, a clear legal basis is necessary to recognize an injunction. There are various conflicting views on the legal basis for recognizing an injunction, including the perspective that it is based on right to claim real rights, the perspective that it is based on environmental rights, and the perspective that it is based on personal rights. Supreme Court considers right to claim real rights as the basis for an injunction. The prevailing view also considers right to claim real rights as the basis for an injunction. It is a general interpretation of civil law that Article 217 of the Civil Code cannot serve as the basis for an injunction against environmental infringement, given that it is a regulation established with reference to Article 906 of the German Civil Code and pertains to neighborly relations. Article 217 of the Civil Code imposes an active duty on landowners to prevent infringing activities. Therefore, the interpretation of Article 906 of the German Civil Code, which is structured to limit the scope of the victim’s right to demand the removal of interference, should not be directly applied. Article 217 of the Civil Code provides a limited description of types of environmental infringement and imposes a duty on landowners to prevent infringing activities. Therefore, this paper aims to examine Article 217 of the Civil Code from a new perspective, departing from the traditional interpretation.

Multiplier Effect Ekosistem Ekonomi Dam Haji: Urgen dan Esensi Prospektif Policy

The activities related to Dam Haji not only impact the rights of protection for pilgrims in fulfilling the requirements, obligations, and pillars of the pilgrimage. There is a multiplier effect from these activities that occurs annually. This impact is closely related to the reduction of extreme poverty and stunting, and the realization of economic entities in the second and third sectors, directed by policies concerning the Hajj economic ecosystem. To date, there is no definitive rule of law that governs the payment, implementation, and distribution of Dam Haji. Detailed data on these Dam Haji activities are also not available. Meanwhile, support from Hajj stakeholders, Islamic community organizations, and the results of Hajj discussions recommend that the state should ensure the proper management of Dam Haji for social and economic benefits to both countries. This management represents state intervention, specifically through the Ministry of Religious Affairs, which should use its discretionary power as a regulator to issue regulations as the legal basis that must be followed by all stakeholders and the public.

An Exploratory Study on the Application and Impact of Artificial Intelligence Technology in China’s Film and Television Industry: Centered on the Innovation and Development Strategy of AI in Film Production

Purpose - This paper discusses the historical traceability of artificial intelligence technology and its development lineage in the film and television industry. It analyzes the close connection between AI technology and the film and television industry. The text summarizes the challenges and impacts of AI technology on the film and television industry, along with suggestions for future development. Design/Methodology/Approach - In order to explore the impact of artificial intelligence on the film and television culture industry, this paper analyzes the impact of artificial intelligence on the film and television culture industry from the perspective of macro-industry and the perspective of application technology, starting from the overall technological impetus of artificial intelligence to the film and television culture industry and the application of artificial intelligence in film and television image processing. The case was analyzed in detail. Based on a summary of previous research, this study identifies key issues and proposes solutions. Findings - Through the research of this paper, the problems of artificial intelligence in film and television creation are summarized, and the potential problems are easily generated technical dependence, legal risks in creation, and reduced professional value of practitioners, etc. Countermeasure suggestions are put forward to break the technical dependence, provide a legal basis for the creation of artificial intelligence, and adjust the use of the positioning to realize the synergy between man and machine. Research Implications - This paper aims to enhance the application of AI in the film and television culture industry, thereby increasing the industry vitality of the film and television sector.

The Legal Basis for Sustainable Development as a Human Right

Concern for sustainable development, but human rights are considered the most important issues that concern the world, and our dear country has witnessed many transformations in all fields and at different levels in the country, especially those that have a large majority in human rights, and we all know that Iraq has witnessed many challenges. After the events of 2003 until now, because the human being is the subject of the right and the rights, and the international community and the international and local organizations all insist on the activation, investigation and development of this right and the human rights. Where we have not seen any mechanism of operational and investigative mechanisms, I must focus on the effects of the activation and non-activation of this right, and from this point of view, pay attention to the statement of what is meant by sustainable development and developments, and do not forget the role of the United Nations in promoting the cycle of sustainable development, with the basic statement Legal and comprehensive human rights, stating the position of the Iraqi legislator for the year 2005.

PERLINDUNGAN HUKUM TERHADAP NASABAH PINJAMAN ONLINE

Easy credit loans online are becoming popular, but many cases have also arisen because of this. People are currently liking easy online credit loans because the process is easy and very helpful when you are in dire need and there are no funds yet. Online loans, which are usually driven by fintech companies, are also often used as loans for shopping for consumer goods in the community. Unfortunately, there are many cases of online loans that harm users. People no longer need to go to the bank to apply directly to get a loan, the process of borrowing money can simply be accessed via a smartphone, such as the Apple Store (IOS) or Google Play Store (Android) or a laptop connected to the internet. In this article the author uses a juridical approach normative, because of its approach, this model of legal research is called normative legal research. By using Primary Legal materials, the legal basis for Online Loans is regulated in Financial Services Authority Regulation Number 77/POJK.01/2016 concerning Information Technology-Based Money Lending and Borrowing Services.

ПРАВОВЕ РЕГУЛЮВАННЯ ФІНАНСОВОЇ РОЗВІДКИ ПІДПРИЄМСТВ В УМОВАХ ПОСИЛЕННЯ ВПЛИВУ ЧИННИКІВ СУЧАСНОСТІ

The purpose of the article is to study the peculiarities and problematic aspects of the legal regulation of financial intelligence of enterprises in the conditions of increasing influence of modern factors. Based on the results of the conducted research, it was established that at the current stage of the functioning of the national legal system, the organizational and legal mechanisms for regulating financial intelligence at the enterprise level are weak and require revision, improvement and strengthening. It was established that when considering financial intelligence at the enterprise level, the main emphasis is placed on its structural component, such as competitive intelligence. The ambiguity and specificity of the legal basis for the regulation of financial intelligence of enterprises have been revealed, the main difference of which is the formation of legal norms in interdependence with the peculiarities of the country's legal system and its affiliation to the Anglo-Saxon or Romano-Germanic legal system. It has been proven that the financial intelligence system functions successfully at such well-known global companies as Procter & Gamble and Motorola. The main problems of the introduction and implementation of intelligence activities at enterprises were identified, most of which are due to the insufficient number and inefficiency of the management of information, labour and technological resources of the economic entity. The main vectors of improving the legal regulation of financial intelligence of enterprises in the conditions of increasing influence of modern factors are proposed, in particular: (1) the urgency and necessity of implementing the legislative regulation of the economic and legal category "financial intelligence of an enterprise" is substantiated; (2) the necessity of enshrining at the legislative level the basic organizational and legal principles of increasing responsibility for committing acts related to the unauthorized receipt, use and transfer of information at the enterprise has been proven.

DEVELOPMENT OF PARTICIPATION IN LOCAL GOVERNMENT OF UKRAINE: ADMINISTRATIVE AND LEGAL RELATIONS

The article reveals trends in the development of participation in local self-government of Ukraine. The purpose of the article is to study trends in the development of participation in local government. The methodology in this article is based on a number of normative legal acts of Ukraine, which today regulate the components of participation in local self-government, in particular the Constitution of Ukraine, normative legal acts on local self-government and public participation in local self-government, as well as international reports and norms. The main result of the research is the study of the development of local self-government from the foundations of democracy to its implementation in the national legislation of Ukraine at the current stage. After all, understanding the essence of partisanship is impossible without the concept of the essence of "participatory democracy", which is an innovative concept and is a mixed form of direct and representative democracy. The concept of participatory democracy as a basis for the development of participation in local self-government of Ukraine is revealed, the legal basis of the concept of "territorial community" as a subject of participation in local self-government is analyzed, and the basis the principles of community coexistence and local self-government are synthesized. The main problems of participation are identified and the main forms of public participation in local self-government are presented as a promising innovative method of management at the local and local levels. This article successfully delineates the transformation of participatory democracy in Ukraine, marked by a profound commitment to enhancing the mechanisms of public participation within local government structures.

Upaya Penyelesaian Non Litigasi Terhadap Kumpul Kebo Di Desa Naiola Kecamatan Bikomi Selatan Kabupaten Timor Tengah Utara

The widespread social phenomenon of "cohabitation" often occurs because there is a legal space that allows this practice to develop. The local government has made various efforts to minimize this phenomenon, but without adequate legal force, these efforts often do not have the desired deterrent effect. However, the local customary law approach can provide a legal basis that is stronger and relevant to local values, so that the community can be more responsive to the regulations implemented. Thus, it is hoped that through this approach, the phenomenon of "cohabitation" can be minimized and overcome more effectively. This research aims to complete a non-litigation resolution of cohabitation in Naiola Village before Law Number 1 of 2023. The research method used in this research is empirical legal research, namely legal research that obtains data from primary data or data obtained directly from the community. Non-litigation resolution of cohabitation often relies on customary law-based approaches and customary deliberation that utilize local values and traditional mechanisms to achieve a harmonious resolution that is accepted by the local community. Thus, this research provides a clear picture of the importance of non-litigation resolution of cohabitation by utilizing customary law and traditional deliberation approaches to achieve a harmonious solution that is accepted by the local community.

‘출생 등록될 권리’의 실현을 위한 헌법적 쟁점

All children must be registered at birth so that they can grow and develop peacefully under the protection and support of the state and society. However, as members of the community, children receive legal guarantees only after they are granted legal status through birth registration. in the case of unregistered children whose birth is not registered, they are not protected by the basic right to survival and social safety net. in the case of children who require assistance from others in the process of growing mentally and physically, their existence as members of the community must first be confirmed in order to guarantee and realize their human rights. Therefore, in this article, we examine the implications of birth registration from the perspective of children's rights and the current status and problems of Korea's birth registration system through the decisions of the Constitutional Court and the Supreme Court. in this regard, in order to confirm the legal nature of the right to birth registration, we examine the discussion on the legal nature of the right to birth registration through the decisions of the Constitutional Court. Finally, in order to prevent omission of child birth registration, Analyze the contents of the amendment to the ‘Act on Registration of Family Relations, etc.’, which is the legal basis for the introduction of the birth notification system, and the ‘Special Act on Crisis Pregnancy and Protected Birth Support and Child Protection’, which is the legal basis for the introduction of the protected childbirth system. Afterwards, the limitations of these laws and ways to improve them are presented.

The Ideal Legal Protection of the Child Labor Rights in Indonesia: The Dimensions of Maqāṣid al-Sharī‘ah and the Welfare State

The legal protection of child labor rights in Indonesia, which is regulated in the Indonesian legislation, was not yet ideal. There are many working children (aged 13 to 15 years) in Indonesia whose rights to a prosperous life have not been fulfilled, both in the maqāṣid al-sharī‘ah dimension and in the welfare state dimension. Thus, this research was about the ideal legal protection for the rights of child workers in Indonesia, and the aim was to know and look for the concept of ideal legal protection for the rights of child workers of 13-15 years of age in Indonesia which was in accordance with maqāṣid al-sharī‘ah and the welfare state. This normative research discussed the constitution and laws related to child labor rights by examining the main legal materials, theories, concepts and legal bases related to this research. The results of this research explained that the legal protection of child labor rights in Indonesia was not yet ideal due to lack of clarity in the labor law itself. Meanwhile, the findings in this research; legal protection for the rights of child workers aged 13 to 15 years in Indonesia was not yet ideal because it was not yet in accordance with the dimensions of maqāṣid al-sharī‘ah and the welfare state, and because child labor in Indonesia was still considered unlawful, therefore many children in Indonesia became neglected and poor.

PURSUING CLAIMS FOR PRENATAL DAMAGE CAUSED BY POOR AIR QUALITY. PART 1: AN OUTLINE OF THE PROBLEM FROM THE PERSPECTIVE OF POLISH LAW

The present article combines original and review research. It is an attempt to answer the question about whether there is a personal interest in the form of the right to a clean environment or the right to clean air. It also enquires whether, in the current legal situation, it would be possible to pursue compensation claims for an injury suffered at the prenatal stage caused by poor air quality. Moreover, the paper attempts to identify the right to the environment as a public subjective right and provides a discussion of the resolution of the Supreme Court of 28 May 2021 (III CZP 27/20). The study presents an original approach to the issue discussed. Its analysis is relevant due, in particular, to the still-growing problems of air pollution and smog and their impact on the development of a nasciturus, implying the question of the possibility of pursuing claims in this respect. The present article is an introduction to the topic (the first part of the discussion) and also analyses the legal bases of liability for damage suffered as a result of poor air quality. Moreover, it supplements the author’s doctoral thesis entitled Odpowiedzialność cywilnoprawna za szkody doznane przed urodzeniem (‘Civil Law Liability for Damage Suffered Before Birth’).

빈집정비사업에 대한 공법적 검토

The recent issues of population decline due to aging and low birth rates have led to an increase in unoccupied houses. This increase is associated with higher crime rates, deteriorating residential environments, urban slums, imbalances in the real estate market, and environmental problems. The necessity of unoccupied house improvement has been raised, yet public law reviews on this matter remain insufficient. The concept of unoccupied houses includes both usable and unusable houses, which vary according to the investigation period and methods. Demolition targets include unusable unoccupied houses classified as Grade 3 under the ｢ACT ON SPECIAL CASES CONCERNING UNOCCUPIED HOUSE OR SMALL-SCALE HOUSING IMPROVEMENT｣ or as ‘specific unoccupied houses’ under the ｢AGRICULTURAL AND FISHING VILLAGES IMPROVEMENT ACT｣. The constitutional basis for the demolition of unoccupied houses includes the state's coordination and intervention duties under the principle of the social state, Article 122 of the Constitution, and the housing rights of neighbor of unoccupied houses. Especially, the conflict between the housing rights of neighbor and the property rights of unoccupied house owners(conflicts between fundamental rights) is transformed into a constitutional review issue as the legislator introduced a demolition system that limits the property rights of unoccupied house owners. The most important perspective in the constitutional review is adherence to the principle of proportionality, and demolition and compensation must be carried out under stricter standards, shifting from ensuring the existence of property rights to guaranteeing their value. The management and improvement obligations of unoccupied house owners are specified in the ｢AGRICULTURAL AND FISHING VILLAGES IMPROVEMENT ACT｣ but not in the ｢ACT ON SPECIAL CASES CONCERNING UNOCCUPIED HOUSE OR SMALL-SCALE HOUSING IMPROVEMENT｣. Based on the constitutional duty of property rights for public welfare and social constraints, owners may bear police responsibilities under public law, but this needs to be explicitly stated in the law. Such regulations on the responsibilities of unoccupied house owners can serve as the legal basis for enforcement fines and potentially a future unoccupied house tax when demolition orders are issued. Local governments' ex officio demolition of unoccupied houses is deemed an administrative execution. However, demolition orders for unoccupied houses are only feasible in cases involving substantial illegality, such as when legal buildings are abandoned for extended periods, resulting in significant harm to residents. In this context, recognizing the process of becoming substantially illegal should be strictly judged under the principle of proportionality. Compensation for the demolition of unoccupied houses is challenging to include in traditional public law compensation, thus falling under special public loss compensation recognized by the legislature through special laws. The compensation amount for demolition is determined as the arithmetic average of the amounts appraised by two appraisers. Issues concerning offsetting demolition costs highlight that compensation amounts can vary between voluntary demolition and enforced demolition by administrative execution, necessitating objective standards for demolition costs offset by administrative authorities.

의사의 미성년 환자에 대한 설명의무

Medical treatment is based on a contract between the doctor and the patient, and the doctor must obtain the patient's consent to the medical treatment. This is to protect the patient's right to self-determination, and as a prerequisite for consent, the doctor is obligated to explain the medical treatment. However, there is no explicit regulation and no case law has directly addressed the duty of explanation for minor patients, but the recent Target Judgment has for the first time suggested that doctors have a direct duty to explain to minor patients and the requirements for determining that the duty of explanation has been violated. As a prerequisite to discussing the validity of the target judgment, we examined the general theory of a physician's duty of explanation, the legal basis for a minor patient's capacity to consent, and the difference between a minor patient's capacity to consent to medical treatment and civil law capacity. We also confirmed that the term decision-making capacity, as used in the target judgment and the statute, has virtually the same meaning as consent. After concluding that the duty of explanation to a minor patient is generally fulfilled by indirect explanation, but only by direct explanation, the case law sets out two requirements for recognizing a breach of a doctor's duty of explanation to a minor patient. There are several problems with the logic of the target judgment, first of all, considering that the other party to the duty of explanation, the minor patient, has decision-making capacity, adopting the direct explanation method is consistent with the protection and welfare of the minor patient's right to self-determination; secondly, even according to the logic of the target judgment, the criteria for determining decision-making capacity is still ambiguous; and thirdly, the indirect explanation method may be preferable in some cases, such as when a minor patient refuses medical treatment, which is an example of a situation where the target judgment requires the direct explanation method. Considering the problems with the subject judgment, it is recommended that the direct explanation method, in which the physician directly explains the medical procedure to the minor patient, should be the principle for the physician's duty to explain the medical procedure to the minor patient, and that specific practice guidelines should be developed to allow indirect explanations to minimize the confusion that may arise in the medical field.

Juridical Analysis of the Republic of Indonesia Police Code of Ethics

Indonesian National Police Regulation No. 7 of 2022 contains guidelines for ethical behavior known as the Indonesian National Police Code of Ethics. A juridical analysis of the Polri Code of Ethics is important to understand the legal basis, principles, and values that govern the behavior of Polri members in carrying out their duties as law enforcers and protectors of society. This juridical research highlights several important aspects. First, the Polri Code of Ethics is based on the principles of State Ethics, Institutional Ethics, Community Ethics, and Personal Ethics, which emphasize integrity, professionalism, and commitment to moral values in every action of Polri members. Secondly, in a legal context, the Polri Code of Ethics requires compliance with applicable regulations and laws, with the Indonesian National Police Regulation No. 7 of 2022 as the legal basis for the values, standards, and behaviors that must be upheld by members of the National Police. Third, enforcement of the Polri Code of Ethics relies heavily on the Polri Code of Ethics Commission, which is responsible for overseeing and investigating violations of the code in accordance with applicable legal procedures. The legal analysis of the Polri Code of Ethics emphasizes the importance of deeply understanding the values, norms, and ethical obligations of every Polri member to create a professional, clean, and integrity work environment in order to maintain public trust in the police institution.