Legal Basis Research Articles

Legal Analysis of the Interests of Legal Protection for Victims of Criminal Acts of Defamation Due to the Actions of Debt Collectors

This study analyzes the interests of legal protection for victims of criminal acts of defamation committed by debt collectors. Indonesian laws and regulations, such as the Criminal Code (KUHP) and the Electronic Information and Transactions Law (ITE), provide a legal basis for protecting victims, but significant challenges remain in law enforcement. Difficulties in providing evidence, lengthy legal processes, and a lack of understanding of legal rights reduce the effectiveness of existing protections. Inconsistent law enforcement is also a major obstacle. This study recommends simplifying the legal process, increasing access to legal aid, increasing legal awareness, and strengthening law enforcement to improve legal protection for victims

Некоторые правовые и организационные основы проведения оперативно-разыскного мероприятия «оперативное внедрение» при противодействии незаконному обороту наркотиков

Purpose: based on the analysis of the legal and organizational foundations of the operational investigative event "operational implementation", to reveal the essential feature of operational implementation; to show the importance of compliance with the conditions established by law for its implementation and to reveal some legal mechanisms for recognizing drug trafficking as legitimate during operational implementation in order to combat drug trafficking. Research methods: comparative legal, dogmatic, analysis of judicial practice, description. Conclusions: it is substantiated that the main essential feature of operational implementation is the permission to commit, in cases provided for by law, by the person being introduced as part of a drug community or in a personal capacity, acts in order to complete a task that objectively (formally) fall under the signs of acts provided for by a Special part of the Criminal Code of the Russian Federation. An obligatory sign of the legality of operational implementation, the conduct of which is objectively associated with a violation of a criminal law prohibition, is a resolution approved by the head of the body carrying out operational investigative activities. Scientific and practical significance: the possibility of using as a legal basis the recognition of acts committed by an embedded person as part of a drug community or in a personal capacity in order to complete a task, the provisions of legislation on necessary defense, on narcotic drugs and psychotropic substances, on the status of military personnel, on service in internal affairs bodies and on service in the penitentiary the system, as well as active repentance.

Participation of the Prosecutor’s Office in the Protection of Socio-economic Rights of Citizens in Bankruptcy Cases: the Problem of Procedural Interaction with Arbitration Courts

The analysis of the legal basis for the participation of the prosecutor’s office in court proceedings in order to protect the most important socio-economic rights of citizens, such as labor and housing rights, in bankruptcy cases. The research focuses on the Russian and Chinese practice of procedural interaction between the prosecutor’s office and the courts in bankruptcy cases. Based on a comparative legal analysis, the author assesses the trend towards increasing the activity of the Russian prosecutor’s office to participate in arbitration proceedings as promising, but requiring regulatory legalization in order to increase the effectiveness of protecting the socio-economic rights of citizens. In order to effectively ensure legality in the field of bankruptcy, it is necessary to legislate the participation of the prosecutor in part 5 of Article 52 of the Arbitration Procedural Code of the Russian Federation for cases when bankruptcy arbitration cases affect not only housing, but also the labor rights of citizens.

ISSUES OF IMPROVEMENT OF THE INSTITUTION OF ADVOCACY IN CRIMINAL PROCEEDINGS

In this article, suggestions were made regarding the issues of improving the legal profession, providing legal services by lawyers, and adding a new clause to the points where the participation of a lawyer is mandatory. It was also recommended that we move to the digitization of criminal proceedings at every stage, and that lawyers in our country continuously expand the use of electronic technologies in their activities. Also, the experience of some foreign countries was studied and many discussions were held. Recommendations were also made regarding the development of new legal bases of electronic criminal proceedings.

The Legal Status of Customary Villages within the Framework of Special Autonomy in Papua A Perspective on Legal Politics

The purpose of this article is to explore the normative perspective of legal politics in applying the principle of decentralization, which grants authority to regions to regulate and manage their governance. This principle is manifested in regional autonomy and special autonomy for certain regions, such as Aceh, Papua, and West Papua, with constitutional foundations in Articles 1, 18, 18A, 18B (1) and (2), and 28I (3) of the 1945 Constitution of the Republic of Indonesia. These articles provide the legal basis for recognizing special regions and areas governed by laws, as stipulated in Article 399 of Law Number 23 of 2014, and Articles 94 to 111 of Law Number 6 of 2014. Regarding special autonomy in Papua, both philosophical and juridical aspects are addressed by Law Number 2 of 2021, which amends Law Number 21 of 2001 on Special Autonomy for Papua Province. This is supported by Government Regulations Number 106 and 107 of 2021, and further enforced by regional regulations, such as Papua Province Regional Regulation Number 3 of 2022 and Jayapura Regency Regional Regulation Number 1 of 2022 concerning Customary Villages. These regulations provide the legal framework for the nine customary law communities in the Tabi/Mamta area of Jayapura Regency. From a sociological perspective, these customary villages function within a traditional leadership system, led by senior figures known as Ondofolo (Ondoafi), reflecting the embedded customary institutional framework..

Правовое регулирование деятельности трудовых иммигрантов-корейцев российским императорским правительством в годы Первой мировой войны (на английском)

The article analyzes the conditions of labor migration of ethnic Koreans from Manchuria and China to the Urals of the Russian Empire in 1915—1916, and their experience of interaction with the local Russian authorities. The research is based on the archival materials of the State Archive of the Sverdlovsk region (GASO). This article focuses on the legal and social status of the Korean laborers, their living conditions, habitat, and local conflicts. The study draws on theoretical insights from a range of works on immigration, and the political and economic integration of immigrants. With the onset of World War I, conscription into the Russian Imperial Army drained the manpower reserves, especially in the industries in the Urals. Some industries were under threat of permanent closure. The local tsarist administration petitioned the Foreign Ministry to employ Chinese and Korean laborers in these regions. The results of the research show that the Imperial government did not have a coherent structural plan for the accommodation of Eastern immigrant workers. The government largely improvised, regulating the migration process by issuing various decrees aimed at creating a legal basis for the immigrants. The findings also contradict the earlier Soviet historiography hypothesis about the widespread oppression of ethnic minorities in the Russian Empire. Unlike the Chinese workers who eventually left Russia for Manchuria, the Korean workers chose to stay in Russia after their contractual obligations expired and enjoyed the same rights and privileges as local Russian workers. The research reveals evidence of mistreatment of Korean workers; however, the wrongdoers were local Russian Korean merchants who acted as intermediaries between the local administration and the hired Korean immigrant workers.

Royalty rate determination in standard essential patent litigation in China - from regional rate to global rate

Standard essential patent (SEP)-related disputes frequently involve parallel litigation cases in various jurisdictions in the world. With the rapid advancement of the telecommunication industry, Chinese companies are more and more embroiled in such global dispute, particularly with the issue of fair, reasonable, and non-discriminatory (FRAND) rate determination by the courts. Chinese courts are actively asserting jurisdiction over global FRAND disputes. It is important to note that within the framework of Chinese court practice, the court should further improve its trial procedures to ensure that parties have reasonable expectations regarding rate determination result on the merits and the procedural due process. This article reviews the judicial practice in China regarding the cases of FRAND rate dispute, summarizing the characteristics and recent development in the court practice. The article outlines how Chinese courts apply comparable license and top-down approach to calculate the FRAND rate. Notably, Chinese courts have taken a more flexible and pragmatic approach when addressing this issue, tailoring their decisions based on the circumstances in individual case. Additionally, it discusses the possibility of Article 24 in the Judicial Interpretation II as the legal basis for determining the global FRAND rate, as well as how the requirement for good-faith negotiation is interpreted by the court and whether the regional discount is reasonable in the context of the global FRAND rate. Consequently, the article argues that the courts should consider harmonizing its practice with prevailing norms in international jurisdictions. Several recommendations for optimizing the trial procedure also proposed, thereby ensuring scientific rigor and transparency of the rate calculation.

The Introduction of Amicus Curiae as Formal Legal Instrument to Enhance Judicial Integrity

The submission of Amicus Curiae’s brief in the court has created a new paradigm that emerges and develops within the society itself. Such practice, which had already been developed in many judiciaries in other countries, could in fact be utilized by the Indonesian judiciary as a means to improve its integrity, namely by capturing the development of legal values and sense of justice within the society at large. Nevertheless, currently there have been no formal legal grounds to regulate the Amicus Curiae. Consequently, such condition has created confusion within those who presented themselves to become Amicus Curiae in the court. This paper intends to examine the possibility of formal recognition of Amicus Curiae as a full-fledged legal instrument in the court. Moreover, this paper also investigates various appropriate legal basis to accommodate the formal application of the Amicus Curiae in the court. Finally, this paper will endeavor to argue that the application of the Amicus Curiae as a formal legal instrument could be used by the Indonesian judiciary to enhance its integrity within the society itself.

Analisis Putusan Pengadilan Negeri Kelas I A Kota Bekasi No. 266/PDT.G/2023/PN.BKS Tentang Wanprestasi

This journal examines the decision of the Bekasi District Court in civil case number 266/Pdt.G/2023/PN.Bks involving a contract dispute between PT Annisa Bintang Blitar and PT Berkat Putra Mandiri. The analysis includes the legal basis used by the judge, the considerations in the decision, and the impact of the decision on civil law in Indonesia. Because this case involves a contract dispute between two companies regarding the implementation of contractual obligations and compensation. The method of writing that will be used is the method of statutory approach and literature study of secondary data by means of an inventory of secondary legal materials, secondary legal materials used are in the form of scientific papers, journals, articles, and literature related to the agreement.

Legal regulation of rehabilitation assistance to military personnel during martial law

The scientific article delves into the legal regulation of rehabilitation assistance to military personnel during martial law. The research, aimed at establishing the legal basis for providing rehabilitation assistance to military personnel during martial law, is underpinned by a robust methodological basis. The research methods employed are not only general scientific but also special legal, including theoretical-legal, formal-dogmatic, and comparative-legal methods. This thorough approach instills confidence in the validity of the research. The results of the research consist in determining the legal basis for providing rehabilitation assistance to military personnel. It has been established that the legal regulation of providing rehabilitation assistance to military personnel is carried out by such Laws of Ukraine as "Basics of Ukrainian legislation on health care," "On rehabilitation in the field of health care," "On social and legal protection of military personnel and their family members." The specifics of providing rehabilitation assistance to military personnel during martial law are determined. It has been established that the Ministry of Defense of Ukraine’s structure includes a network of centers for medical rehabilitation and sanatorium-resort treatment of military personnel. It has been found that rehabilitation assistance for military personnel can occur in rehabilitation institutions and healthcare institutions with rehabilitation departments, subordinated to the Ministry of Health of Ukraine or other ministries. The legal grounds for sending military personnel to provide rehabilitation in foreign healthcare institutions have been analyzed. It is indicated that the decision to send military personnel to a rehabilitation institution for rehabilitation assistance is made based on the conclusion of the military medical commission. The importance of the existing state target program for providing rehabilitation assistance to defenders of Ukraine is emphasized. A conclusion was drawn on the necessity of enshrining a separate section in the Law of Ukraine, "On Rehabilitation in the Field of Health Care," dedicated to the specifics of the rehabilitation of military, injured in hostilities.

Law Enforcement of Criminal Offense of Vehicle Registration Certificate Forgery: A Case Study of BPKB Forgery in the Bali Police Department

This research aims to explore how these differing definitions influence legal interpretations, law enforcement practices, and societal perceptions of crime. Additionally, the study will examine the impact of these definitions on the development of criminal law policies and how they affect the treatment of various offenses within the justice system. Thus, this research will provide a comprehensive analysis of the multifaceted nature of crime definitions and their implications for both theory and practice in the fields of law and criminology. Research method the type of research used in writing this thesis is a type of normative legal research which is supported by empirical research, namely by conducting research through observations in the field where the research is then compared with the concepts contained in the library materials used and statutory regulations. Invitation as a legal basis for solving problems. Conclusion Law enforcement of the criminal act of falsifying Motor Vehicle Owner's Books (BPKB) in the Bali Regional Police's legal area is as follows. Carrying out outreach to the public, spreading information that you should not easily believe the perpetrators of the criminal act of falsifying Motor Vehicle Owner's Books (BPKB). Report immediately if there is someone. Suspicious related to the criminal act of falsifying the Motor Vehicle Owner's Book (BPKB).

Edukasi Sadar Hukum Mengenai Bahaya Judi Online dan Pinjaman Online Ilegal di Kalangan Remaja di SMK Pariwisata Anyer

This research aims to provide education about legal awareness at the Anyer Tourism Vocational High School (SMK) in an effort to prevent the practice of online gambling and illegal online loans among teenagers, as well as to understand the legal impacts that teenagers involved in these activities may face. Through legal education activities regarding online gambling, this is one form of effort to provide education to students at Anyer Tourism Vocational School. In this community service, the author uses methods of presentation and discussion regarding the prevention and handling of online gambling and illegal online loans. The specific target of this service is that the students of Anyer Tourism Vocational School can be well educated regarding understanding, understanding, legal basis and efforts to prevent and overcome cases of online gambling and the risks of making illegal online loans. The main aim of holding this activity is to make students aware of the dangers of online gambling and that illegal loans are very vulnerable to risk. The risk of online gambling addiction is that students will not focus on their lives and if the perpetrator does not have the money to play online gambling, the result is that online gambling players will look for illegal loans to be able to continue playing online gambling.

The Rome Statute Impact: Challenge of Upholding Human Rights in Indonesia’s Human Rights Court

This article examines the effect of enforcing gross human rights violations and the implications of Indonesia as a state that did not ratify the Rome Statute. This study is done by studying the legal basis of human rights courts in Indonesia. A doctrinal approach is used. The main legal materials used are the Human Right Court Law (2000) and human rights court decisions. The research findings indicate that the process of enforcing gross human rights violations requires integration between National Human Rights Commission as an investigator and the Attorney General's Office as an investigator. The substance of enforcing gross human rights violations is a formality because Indonesia, as a sovereign state, has the right to determine the model of enforcing gross human rights. However, in fact, there are still many gross human rights violations that cannot be resolved due to differences in perceptions of sufficient preliminary evidence. For this reason, reformulation of the Human Right Court Law (2000) is needed.

Comperative Legal Analysis Regarding Efforts To Prevent Sexual Violence And Legal Protection For Women In The Credit And Law Number 12 Of 2022 Concerning Actions Criminal Sexual Violence

Sexual violence is a criminal act which basically requires very strict law enforcement. The dimensions of sexual violence regulated in the Criminal Code are not yet able to fully regulate the forms of sexual violence that occur, where regulations related to sexual violence are regulated in articles 281-295 of the Criminal Code which have limited clarification. on rape and molestation. So, with the enactment of law number 12 of 2022 concerning criminal acts of sexual violence (UU TPKS) on May 9 2022, it becomes the new legal basis for enforcing criminal acts of sexual violence. The TPKS Law becomes a specialist Lex for regulations previously contained in the Criminal Code. The presence of the TPKS Law is a new positive law that provides clear and specific updates regarding the types of criminal acts that are classified as criminal acts of sexual violence, the rights of victims of criminal acts of sexual violence, as well as protection for victims of criminal acts of sexual violence in law enforcement. The formulation of the problem in this research is how to compare legal regulations and legal protection between the Criminal Code and Law number 12 of 2022 regarding criminal acts of sexual violence. This research uses normative juridical research methods, using secondary data sources, with primary legal materials in the form of related laws which are supported by secondary legal materials in the form of related books and journals. Based on the results of this research, the research results will be summarized as to what the position of victims is. criminal acts of sexual violence which are in the Criminal Code and Law no. 12 of 2002 which regulates different legal provisions and legal protection which in the Criminal Code is not clearly regulated regarding legal protection for victims of criminal acts of sexual violence which in law number 12 of 2002 is clearly regulated regarding the protection of victims and prevention efforts against the occurrence of criminal acts of sexual harassment.

Technology-enabled Justice in Indian Courts: New Dilemmas and Way Forward

The adoption of technology in Indian courts has improved and increased the rate of data collection, particularly from court proceedings. Data is now available in accessible formats, making them valuable for developing artificial intelligence-based tools. While the potential for risks and harms from incomplete or biased datasets is known and documented, there are also system-level issues that emerge from this datafication and adoption of advanced technologies in justice delivery systems. They can lead to an over-reliance on quantifiable aspects of the system, hinder the development of legal theory and lead to the commercialisation of case data. With advances in data processing and analytics, earlier open-by-default models for case data need a careful rethink, considering the potential for misuse of personal and sensitive information and commercialisation of publicly available data. Adequate safeguards rooted in a legal basis and built through wide stakeholder deliberation are needed to meet the ends of technology-enabled justice.

Keabsahan Dan Kekuatan Hukum Alat Bukti Closed Circuit Television (CCTV) Dalam Pemberlakuan Tilang Elektronik

The application of an electronic ticket or Electronic Traffic Law Enforcement (ETLE) by the police is considered to have many problems and challenges for the police in the future, with reference to closed circuit television (CCTV) evidence that causes the gap in the use of CCTV (Closed Circuit Television) evidence in the criminal justice process, the first is the legal factor itself where the use of CCTV is not included in legal evidence in the Criminal Procedure Code, the two different perspectives which will result in different thoughts that will be accepted by someone, the three norms which becomes legalistic positivistic is not clear in certain cases. Legal basis for prosecution of traffic violations. According to Law Nomor 2 of 2009 concerning Traffic And Road Transportation, article 260 and article 262 who are authorized to take action against traffic violations using CCTV can carry out law enforcement such as investigations and investigations of criminal acts of LLAJ or other crimes, acts of handling of accidents, violations, and traffic jams by the Police and the pursuit, ambush, arrest, and prosecution of perpetrators and/or vehicles involved in crimes or traffic violations. The formulation of the legal problem contains points regarding the juridical review and application of the validity of ETLE as evidence in the trial. This research is a legal research with a normative juridical approach with a statutory and case approach, especially the decision of ticketing for traffic violations. The results of the research and discussion conclude that the use of CCTV (Closed Circuit Television) evidence can be used as evidence in the criminal justice process and the application of the e-Tilang system can reduce the number of traffic accidents.

Legitimacy Status of Inheritance by Adopted Children

This study aims to analyze the legal strength of civil registration deeds as evidence of inheritance ownership. The first research, How is the legal force of civil registration deeds as the basis for controlling inheritance by children. As an official document that records a person's birth, a birth certificate plays an important role in legal proceedings related to property inheritance. In the context of inheritance law, the validity of the birth certificate is the main key in determining the right of an adopted child to inherit property from his adoptive parents. Along with a valid birth certificate, the adopted child has a strong legal basis to claim his inheritance rights. However, there are challenges and problems that may arise related to the validity of birth certificates in the context of inheritance control. Second, how can heirs report criminal acts against adopted children who have controlled the inheritance. Therefore, this study aims to analyze in depth the role of birth certificate power as a tool that allows adopted children to obtain inheritance rights, as well as to identify strategies that can be applied to ensure the effective protection of inheritance rights of adopted children. Through the approach of legal analysis and literature study, this study concludes that the strength of the birth certificate is a crucial foundation in proving the legal status of an adopted child in the process of controlling inheritance, but further efforts are needed to improve the legal protection of adopted children in the context of property inheritance.

The half-life of power. Political and legal aspects of the legitimacy of the President of Ukraine

The article analyzes the political and legal aspects of the legitimacy of V.A. Zelensky as President of Ukraine after May 20, 2024, i.e. after the expiration of a 5-year term of office. The authors conclude that the legitimacy of V.A. Zelensky after the expiration of his term of office does not currently have a legal basis and all his further actions, including the publication, approval or signing of regulatory legal acts, may be questioned.

Perspective of Sharia Economic Law and Positive Law for Non-Cash Payment Qris Users in Indonesia According to The SDG

Objective: In the practice of digital payment method transactions using QR codes, it is necessary to be careful about counterfeiting QR codes by parties who violate the law or are irresponsible. Theoretical Framework: This research aims to explain and analyze legal protection for consumers in non-cash payment transactions based on QRIS (Quick Response Code Indonesian Standard) Positive Legal Perspective and Sharia Economic Law Perspective with a normative juridical approach. Method: In this research the author uses a statutory approach in carrying out normative research. This approach relies on various legal bases studied, which in this case relate to regulations regarding legal protection for consumers in QRIS (Quick Response Code Indonesian Standard) based non-cash payment transactions, Positive Law and Sharia Economic Law Perspectives. Results and Discussion: Research results Analysis of Legal Protection for Consumers in Non-Cash Payment Transactions Based on QRIS (Quick Response Code Indonesian Standard) Positive Legal Perspective relates to preventive legal protection, apart from the general regulations regarding consumer protection contained in the Consumer Protection Law no. 8 of 1999, for QRIS consumers there are significant regulations that govern. Bank Indonesia has issued Regulations for Members of the Board of Governors 21/18/PADG/2019 concerning Implementation of the National Standard Quick Response Code, Bank Indonesia Regulation Number 22/20/PBI/2020 concerning Bank Indonesia Consumer Protection, Bank Indonesia Regulation Number 18/40/PBI/ 2016 concerning Implementation of Payment Transaction Processing, Bank Indonesia Regulation Number 20/6/PBI/2018 concerning Electronic Money. Research Implications: Then, based on the Sharia Economic Law Perspective, it is reviewed from the sadd dzari'ah theory regarding the collection of personal data, which was originally permitted because it contained benefits, but in terms of the goals to be achieved, it could potentially end in loss and harm if there was no protection from the Government. Originality/Value: Efforts to protect personal data are very important because if it is not regulated by law, there is a possibility of personal data being leaked. Therefore, it is potentially dangerous when the protection of personal data is not regulated in law which is very detrimental to consumers due to the risk of unintentional breaches.

Organizational and legal basis for the participation of higher education institutions of Ukraine in the implementation of the state’s anti-corruption policy

The present paper reveals the organisational and legal framework for participation of higher education institutions of Ukraine in the implementation of the state’s anti-corruption policy. Based on the analysis of current legislative and subordinate legal acts on combating corruption in Ukraine, as well as legislation on education, the author highlights the legal capabilities of higher education institutions in terms of implementing national anti-corruption policy measures. It is determined that higher education institutions shall organise educational and awareness-raising campaigns with anti-corruption content, carry out activities to ensure the integration of anti-corruption topics into the content of higher education, work to form an attitude of intolerance to corruption in all its manifestations among students, introduce their own forms of activity to cultivate respect for corruption whistleblowers, implement measures to eradicate corruption risks in the internal activities of educational institutions and participants in the educational process, prevent conflicts of interest in the field of education and science, etc. The author proposes the classification of anti-corruption measures initiated and implemented by higher education institutions at the local level. In particular, such measures, depending on the specifics of the subject matter, are grouped into several groups: measures to create and introduce special educational components on anti-corruption into the educational process, organisation of special scientific research on the most pressing issues of anti-corruption and participation in targeted grant programmes on the prevention of corruption, development, adoption and implementation of local regulations on anti-corruption, introduction of a position of a responsible person for anti-corruption activities, and establishment of a special unit for anti-corruption activities. The author substantiates the existing organisational and legal problems of ensuring a high level of efficiency higher education institutions’ participation in the implementation of the state’s anti-corruption policy. In particular, these include legal uncertainty of the criteria and methods for assessing the effectiveness of higher education institutions’ participation in the state’s anti-corruption policy, insufficient legal regulation of preventive anti-corruption measures taken by higher education institutions in the academic environment, and the lack of algorithmisation of the introduction of foreign experience in anti-corruption activities of foreign academies and universities into national practice. The author substantiates the expediency of creating a special international inter-academic platform for borrowing the best foreign experience of anti-corruption activities among participants in educational processes.