Legal Benefits Research Articles

Camouflaged prejudice and the affirmation of skin colour differences: assessment of racism among Brazilian undergraduate dental students.

The negative oral health outcomes of disadvantaged racial groups have been well-documented, as racial disparity in oral health persists over time and in different locations1. However, it is important to note that skin colour has no biological meaning, and the observed differences can be physiological expressions of social injustice such as racism. Aim: The aim of this study was to analyse the association between levels of modern racism (camouflaged prejudice and affirmation of differences) and sociodemographic characteristics of Brazilian dental students. Material and Method: An epidemiological cross-sectional online survey was conducted on 441 Brazilian undergraduate dental students using Google Forms. Participants were recruited via emails and social media, using the snowball technique. The Checklist for Reporting of Survey Studies (CROSS) was followed. The survey used sociodemographic variables, and the Brazilian version of the Modern Racism Scale (B-MRS), which measures the cognitive component of subtle racial attitudes. The scale assesses the central notion of disguised prejudice and has two domains: 'denial of prejudice' and 'affirmation of differences'. Participants' self-declared skin colour was categorized as "white" and "non-white" (black, brown, indigenous, yellow). Univariate analysis and Poisson regression with robust variance were applied. Results: Participants' mean age was 24.1 years (±5.4). Most participants were self-declared as white (54%) and 46% as non-white skin colour. Higher B-MRS overall-scores were observed in male (p=0.008) and non-white (p=0.002) students. B-MRS scores for the domain 'affirmation of differences' (representation of those who believe that whites and non-whites are truly different) were higher among male dental students (PR=1.138; CI 95%: 1.019-1.271) and those from low-income families (PR=1.306; CI 95%: 1.089-1.565). Scores for the domain 'denial of prejudice' (the idea that non-whites use their race to receive legal benefits) were higher among male dental students (PR=1.328; CI 95%: 1.129-1.562). Conclusions: In general, male non-white students had higher modern racism indicators. Male students from low-income families believed that whites and non-whites are truly different, accounting for the affirmation of difference in this sample.

Perkawinan Beda Agama dalam Perspektif Hak Asasi Manusia

Interfaith marriages in Indonesia continue to be an issue, with ongoing social and legal discrimination, against couples who enter into such arrangement. This paper discusses the challenges faced by Undang-Undang No. 1 of 1974 on Marriage, along with its amendments in Undang-Undang No. 16 of 2019, in adhering to the principles of human rights. This study employs a literature review approach to examine how the government, through existing legal substance and structure, can ensure legal certainty, legal justice, and legal benefits for interfaith married couples.

Historiosophy of law: synthesis of disciplines or independent questioning?

The article examines the question of the essence of historiosophy as a cognitive discipline. As a result, it was found out that its capabilities are realized not by synthesizing subjects of different sciences (history, philosophy and law), but through an autonomous and self-sufficient range of issues with metaphysical origin and noospheric content. We are talking about a semantic area where the law is considered from the position of “was”, and not “yesterday”. In this regard, they ask: was there a right to “was” and is it still capable of being “was”? The likeness found in his life is evaluated on the subject of whether it was a moment, a passing illusion, or perhaps even “nothing” at all? Or was the grasped “was” itself a being that originated in the past, but has not gone anywhere and has a continuation in existence? As a result, it turns out that in law it leads to “historical transience”, and what in it ensures its “non-historical presence” in being. The study also showed that the main and structurally forming category of historiosophy is time, which is rarely thought about in modern jurisprudence. Jurisprudence is mainly concerned with periods, gaps and deadlines, rather than time per se. The omission of time and knowledge about it left jurisprudence standing on the absolutist and abstract concept of Newton, which never reproduced ideas about time based on reality. The theory played with the physical side of time and missed its socio-psychological dimension, that is, that life is the main vessel of time, the only source of its filling and the key means of exhaustion. The life of atoms, as well as the life of legal goods, is not only the source of their existence, but also the duration of this existence. In turn, time is a fundamental criterion for the viability of legal benefits.

Witness immunity in civil proceedings: advantage or necessity?

The article is devoted to the study of the legal category “witness immunity”, which is used in civil proceedings. The question of the legal nature of the immunity of a witness in civil proceedings and the practical application of the norms of the current civil procedural legislation, which creates the possibility of the existence of such a legal category, is relevant in the conditions of the focus of the current legislation on the observance of human rights and the provision of guarantees for the realization of the rights and legitimate interests of a person. Therefore, special attention in the article is devoted to clarifying the legal benefit of witness immunity and the role of this legal instrument in ensuring the legal rights and interests of a person during the consideration of a civil case in court. Тhe article analyzes the norms of the Civil Procedure Code of Ukraine, which establish the legal status of a witness in civil proceedings. Particular attention was paid to the characteristic features of witness participation in civil proceedings. The author emphasizes the importance of protecting a person’s private interest during civil proceedings. During the research, it was established that the immunity of a witness in the scientific literature is interpreted both as the right of a person involved in the consideration of a civil case in court as a witness, and as a privilege that distinguishes a witness from other participants in the legal process. Based on the analysis of the norms of the current legislation and sources of scientific legal literature, conclusions were made that allow us to assert that the immunity of a witness in civil proceedings is a component of the procedural status of a witness. It was also concluded that the immunity of a witness is precisely the right of a person involved in the consideration of a court case as a witness, which is due to the need to observe the rights and freedoms of a person during civil proceedings, and is also a form of embodying the priority of a person’s private interests. And that is why it is not appropriate to consider the immunity of a witness as a privilege of a person and an advantage of the participation of a witness in civil proceedings in comparison with other participants in the judicial process.

Daily Prison Fiqh: A Practical Solution of Islamic Law to The Problems of Prisoners in Tembilahan, Riau

The article aimed to answer the daily fiqh problems of prisoners in Correctional Institutions (Lapas) class II Tembilahan. The fiqh problems related to Islamic law relating to individuals, relationships with God and prison society. The structured interviews with prisoners and the study of relevant documents were used to answer the research questions. This research uses a qualitative approach and literature by referring to classical and contemporary fiqh books. This research resulted in the findings of the formulation of daily fiqh of prisoners in Class II Tembilahan Correctional Institution, namely: First, related to fiqh laws that concern individual issues such as masturbation, tattoos, vital organs installed with roles to becoming prayer leader (imam), paying debts from drug money, anxious between farting or not at the time of bowing or prostration, the law of not providing maintenance for the wife for a long time, and apologizing to parents who have died. Secondly, there is the issue of fiqh rulings between the servant and Allah. In this case, one issue is the law of the zuhur prayer being performed before the Friday prayer. Third, issues related to relationships with society. In this case, there is one issue, namely maintaining tolerance for non-Muslims in prison. This research contributes to providing Islamic legal solutions to the daily problems of Muslim prisoners to continue to carry out religious obligations in correctional institutions and as a reference for policymakers in correctional institutions to continue to present legal benefits for Muslim prisoners.

Pemenuhan Hak Anak Pasca Perceraian Perspektif Hukum Positif dan Teori Tujuan Hukum Gustav Radbruch

This research began with the problem of providing children with post-divorce rights which were not fulfilled by both parents. The aim of this research is to see the extent to which children's rights after divorce are implemented. This research is a type of qualitative field research. The approach used is normative juridical with a type of clinical research. The findings of this research show that explaining children's rights after divorce in Bekiring Village, Pulung District, Ponorogo Regency from a positive legal perspective, of the 6 (six) residents who were used as informants in the parenting aspect, two informants were in compliance while the other four were not. The aspect of paying for a living (father) has been fulfilled by the father with all his efforts, but one informant enjoys the living carried out by the mother. Aspects of caring for children who are not mumayyiz yet with their mother, one is suitable while the other five are in the care of the father. Furthermore, the implementation of positive law regarding the granting of children's rights after divorce in Bekiring Village, Pulung District, Ponorogo Regency, from the perspective of Gustav Radbruch's theory of legal objectives, in the aspect of legal justice regarding children who have the right to choose to live with their father/mother has not been implemented. In the aspect of legal benefits, some of it has been implemented, but regarding the care of children who are not yet mumayyiz, it has not been implemented well. While the aspect of legal certainty has not been implemented well, the value of certainty in obtaining support from the father has been implemented.

Purpose of Implementing Progressive Law against Criminal Offenders in Order to Provide Legal Certainty and Legal Benefits

The implementation of Progressive Law Enforcement is motivated by the desire to avoid negative effects on the ineffectiveness of the criminal justice system in accommodating criminal cases so that the law enforcement process does not continue through the courts. This writing uses descriptive legal research, in which the author uses a normative juridical research type using the Library Research data collection method. This research aims to find out the philosophical basis of Progressive Law in providing legal certainty and legal benefits and the application of Progressive Law by the National Police in increasing the resolution of criminal cases. Based on the research and discussion results, a picture is obtained that law is the rules and guidelines that regulate life in society to create peace and order. Progressive legal ideas occupy a separate legal position. Various groups in handling legal cases, especially in the country, emphasize the preposition of Progressive Legal theory. Especially emphasizing the element of benefit in the form of human peace in society, nation, and state, the implementation of progressive law as an effort to improve the resolution of criminal cases requires that police investigators be able to carry out their duties and authority professionally, accountably and morally so that progressive law enforcement can be in line with legal objectives. It provides legal certainty, legal benefits, and a sense of justice.

The Concept of Restorative Justice in the Criminal Legal System: A Breakthrough in Legal Benefits

Historically, alternative efforts to resolve criminal cases have existed since the Dutch colonial era, even before Indonesia's independence. Currently, there are several forms of resolving criminal cases outside of court in force, namely diversion (transferring the resolution of children's cases from the criminal justice process to a process outside criminal justice in accordance with the Juvenile Criminal Justice System Law), Afkoop (as regulated in Article 82 of the Criminal Code), and Seponeren (dismissal of cases in the public interest by the Attorney General). The aim of this research is to analyze the concept of restorative justice in the criminal law system as a breakthrough in legal benefits. Approach The research method that can be used in this research is the empirical juridical approach. This approach combines a normative juridical approach with an empirical approach. Based on the analysis carried out, restorative justice can be applied in cases that cause financial loss or minor crimes. The principle of restorative justice in resolving criminal cases in Indonesia does not only depend on formal and material criminal law provisions but is also based on a broader concept of punishment. The model for implementing restorative justice in Indonesian criminal procedural law can be found through a criminal resolution mechanism that follows a legitimate legal problem resolution approach, which is reflected in the reform of the criminal justice system in Indonesia, which is based on an evaluation of the criminal justice system.

Privileges as a legal category: theoretical and legal aspect

In the content of the work, the author analyzed the phenomenon of legal benefits through the prism of their cognitive regularities and their potential as a basis for improving the conceptual and categorical apparatus of legal science. The relevance of the research topic and the importance of modernizing the understanding of legal benefits in the modern conditions of their application in the mechanism of legal regulation are noted. The cognitive features of the subject of this article have been established.
 The author emphasized that the current conditions of the development of legal regulation both in Ukraine and in most post-Soviet countries determine the need for a doctrinal rethinking of all legal means of regulation, especially in terms of their nature, functional purpose and role. The key means of legal regulation are legal benefits, which are designed to ensure the establishment of special, softer conditions of legal regulation, based on the principle of expediency and social justice. The use of legal privileges is especially relevant in the modern conditions of the development of legal regulation, which is accompanied by new threats associated with the outbreak of hybrid wars, a significant increase in the number of armed conflicts on the political map of the world, a significant increase in the level of their aggressiveness, etc. In such conditions, the question of both the scientific rethinking of the regulatory and protective possibilities of legal privileges, and the expansion of the practical limits of the application of legal privileges in improving the regulation and protection of the rights, freedoms, and interests of legal subjects, which require a higher level of legal protection and protection, becomes especially relevant. The author stated that the relevance of the topic of the scientific work is also determined by the high level of changeability of the legal provision of benefits, the importance of their correlation at the national level with the standards introduced at the international level, including at the level of the European Union.
 Based on the analysis of doctrinal approaches to the understanding of legal privileges, a high level of discussion and ambiguity of the views of scientists was noted. This determines the expediency of developing a single doctrinal approach to their conceptual definition and substantiating the expediency of their terminological consolidation in the provisions of acts of international law and national legislation. As a conclusion, the author draws attention to the cognitive potential of legal benefits as an independent component of the conceptual and categorical apparatus of legal science and draws attention to the fact that legal benefits: firstly, from a cognitive point of view are characterized by general properties, which indicates that they belong to the phenomena of social reality, and special properties of a legal nature, which proves their belonging to the phenomena of legal reality; secondly, as the subject of scientific research is a complex, multifaceted socio-legal phenomenon, which determines the expediency of using a complex methodological basis of scientific knowledge; thirdly, it is an integral component of any modern legal system aimed at ensuring justice, balance of interests in society, harmonious development of all spheres of social life, etc.

Assessment of Nursing Practice Environment and Its Influencing Factors: A Cross-Sectional Study at Shandong Province, Jinan.

To investigate the current nursing practice environment in Jinan, Shandong Province, and to identify the factors influencing the practice environment. This study is a cross-sectional study for nurses. From October to December 2022, using the clustering and stratified sampling methods, 2426 nurses from internal Medicine, Surgery, Obstetrics and Gynecology, Outpatient Department and Intensive Care Department of the Provincial Hospital of Shandong Medical University were selected and then investigated and analyzed using the revised Nurse Practice Environment Assessment Scale. The overall mean evaluation of the practice environment scored 75.13±19.87, with a minimum value of 59.74 and a maximum value of 95.82. The items with higher scores were "the hospital has systematic training for new nurses", "the work system is perfect", and "the hospital can provide continuing education for nurses in accordance with the needs of their positions". The items with lower scores were "nurses enjoy legal benefits", "nurses have the opportunity to participate in hospital management decisions", and "nurses have the opportunity to participate in hospital internal management". The results of the multiple linear regression analysis of the factors influencing nurses' practice environment showed that gender, education, position, and years of work were independent influences on nurses' practice environment scores (p < 0.05), and they explained 48.127% of the variation in the total scores of the nurses' practice environment scale. The estimated values (β) of sex, education, cheif nurse, nurses staff, work experience (year), and whether the only child variables were 3.141, 3.237, 2.713, 5.471, 2.074 and 0.732, respectively. The nurse practice environment still needs to be improved, mainly in terms of hospital management participation, human resource allocation and salary distribution system.

Pendidikan Khusus Profesi Advokat Dewan Pimpinan Nasional Persatuan Advokat Indonesia Dan Profesi Advokat Berdasarkan Pasal 3 Ayat (1) Huruf F Undang - Undang Republik Indonesia Nomor 18 Tahun 2003 Tentang Advokat

Special Education for the Advocate Profession (PKPA) is a mandate from Law of the Republic of Indonesia Number 18 of 2003 concerning Advocates. Special Education for the Advocate Profession is a form of education that must be followed by someone with a bachelor's degree with a higher legal education background. Special Education for the Advocate Profession (PKPA) has relevance to the Law of the Republic of Indonesia Number 20 of 2003 concerning the National Education System (SISDIKNAS) which states that the types of education consist of general, vocational, professional, vocational, religious and special education. This Community Service activity aims to produce professional lawyers who are reliable, independent and responsible so that they are able to appear as enforcers of justice in administering justice honestly and in accordance with legal objectives, namely, legal justice, legal benefits and legal certainty for all by enforcing equality at the forefront. before the law. This activity was attended by 30 (thirty) prospective advocate participants which was held on October 14 2023 at Tangerang Raya Tiga Raksa University, Tangerang Regency. The method used by Service Learning (SL) is intended to integrate learning into the Special Education for the Advocate Profession (PKPA) or the partnership of the National Leadership Council of the Indonesian Advocates Association (DPN PERSADIN) with the Faculty of Law, University of Greater Tangerang (UNTARA). Apart from that, the Participatory Action Research (PAR) approach is oriented towards empowering participants in Special Education for the Advocate Profession (PKPA). This is due to the need and resolution of legal problems in society. Higher education officials must place society as the main actor in development and change. The result of this activity is to give birth to the profession of advocates and provide an understanding that Advocates are a profession that is noble, free, independent and responsible in upholding the law, and that the activities of this profession are guaranteed and protected by law for the sake of implementing the Rule of Law.

Exploration of the Legal Benefits of the Offence of Throwing Objects from the Perspective of Spiritualisation of Legal Benefits

Exploration of the Legal Benefits of the Offence of Throwing Objects from the Perspective of Spiritualisation of Legal Benefits

Body-worn cameras and court proceedings: A qualitative study of police officers’ expectations

Abstract Body-worn cameras (BWCs) record interactions between members of the public and law enforcement, with expected legal benefits. This study examines police officers’ perceptions of BWC usage in court through individual interviews and focus groups with 78 officers. Most of the participants were involved in a 6-month BWC pilot program, which was only the third BWC implementation in the Canadian province of Quebec. Police officers are largely optimistic about the use of BWCs in court and expect their footage to serve as visual evidence, to replace portions of written reports, and corroborate their testimony. However, they worry that BWC footage could be used by defense lawyers to challenge report discrepancies, leading to substantial impacts on legal proceedings. The BWC pilot program did not exacerbate their apprehensions about the technology’s potential limitations. The central role of police officers in the use of BWC footage as evidence is highlighted.

Administrative and legal measures to ensure the security of personal data when disclosing information by the government in China

Government disclosure is an inevitable choice to improve public services in the era of big data. In order to meet the new requirements for building a digital government in the era of big data, the government authorities of the People’s Republic of China have implemented a number of strategies and measures for the open use of government data through the overall integration of government informatization work. In recent years, the open use of government data has played a very important role in building a legal system and platforms, but it still faces many real dilemmas, such as the low level of legislation for the open use of data and security for government disclosure of data, vague definition of data ownership and the extent of openness, insufficient supervision and management openness and use of data. In order to ensure effective protection of personal information when disclosing information by the government in the era of big data, it is necessary to improve the mechanism of legal protection of personal information and the system of legal regulation of the use of government-opened data, improve the system for regulating conflicts of legal benefits based on the principle of proportionality, create and optimize an environment for the development and use of government data, as well as develop a mechanism for assessing privacy risks and raise awareness about the protection of personal data and rights.

Optimising the public health benefits of sex work regulation in Senegal: Results from qualitative interviews with policy stakeholders.

There is compelling evidence that eliminating sexually transmitted infections (STIs) among female sex workers (FSWs) is a cost-effective approach to reducing the spread of HIV/AIDS. Although many countries recognise sex work as a public health issue, few have implemented public health policies specifically aimed at controlling the transmission of HIV/AIDS among FSWs. In particular, Senegal stands out as the only African country to regulate sex work through a specific public health policy that requires FSWs to register with a health centre. Despite the potential health and legal benefits associated with registration, a staggering 80% of FSWs in Senegal remain unregistered. This low registration rate hinders the realisation of the policy's full potential for public health benefits. The reluctance of FSWs to register is due to inherent flaws in the policy design, where the disadvantages of registration outweigh the benefits for FSWs. To identify which modifications to the current registration policy have the potential to increase uptake of registration by FSWs and to assess their feasibility in the context of Senegal. We conducted a qualitative policy research study using semi-structured in-depth interviews with 22 national stakeholders in this policy, including representatives from the police, government and non-governmental organisations (NGOs) in Dakar, Senegal, as well as FSWs' leaders. The interview data were thematically coded using the interview topic guide and other recurring themes and analysed using thematic analysis on Nvivo 12. A total of 20 relevant themes were selected, focusing primarily on assessing the feasibility of potential interventions and identifying potential barriers and associated risks. We found that, without changing current legislation, improving relationships between FSWs and police officers, providing accurate and accessible information about the rules and benefits of the policy, and offering psychosocial support have the potential to improve both the registration rate of FSWs and their wellbeing. Policy features designed to increase registration by improving FSWs' confidentiality, and thus their confidence in the services offered, were also discussed. The study highlighted that several national public health policies could be changed to increase the registration rate of FSWs and improve their wellbeing without overturning constitutional law.

Deconstruction and reconfirmation of legal interests of the crime of infringing citizens' personal information—The value return of the theory of compound legal benefit

Deconstruction and reconfirmation of legal interests of the crime of infringing citizens' personal information—The value return of the theory of compound legal benefit

State Attorney Law Enforcement in Marriage Annulment and its Contribution to the Development of Family Law in Indonesia

This articleexamines the optimization of law enforcement by prosecutors in annulling marriages and its contribution to the development of Islamic family law in Indonesia. This research is library research, analyzed by descriptive analysis, which is done by describing the existing facts, the method of analysis used is qualitative method, using Gustav Redbruch's theory of legal objectives. The result of this study is that the optimization of law enforcement by prosecutors in annulling marriage is relevant to Gustav Redbrudh's theory of purpose, that the purpose of law is to provide justice, legal certainty and legal benefits. With the prosecutor being given regulatory rules that support his role in enforcing the law in the field of marriage annulment for someone who violates the legislation, legal justice, legal certainty and legal benefits will be created in the community. The researcher's contribution to the development of family law in Indonesia is in the form of a proposal to policy holders, so that regulations are legislated that specifically regulate the technical guidelines that prosecutors are allowed to act directly in marriage annulment applications.Keyword: Optimization, Law Enforcement, Prosecutor; Marriage Cancellation

Implementation the Indonesian Ulema Council Fatwa regarding the Sale and Purchase of Gold in Installments at Sharia Bank of Indonesia

Purchasing gold using an installment payment model or in the form of savings has been applied to Sharia Bank of Indonesia (BSI) (BSI) and Pegadaian products. This started with the issuance of MUI Fatwa Number 77/DSN-MUI/V/2010 concerning the Implementation of Gold Installments, even though there were several ulama' who prohibited the practice of buying and selling gold in installments. Based on this, the author is interested in studying the application of gold installments at Sharia Bank of Indonesia (BSI) and its differences with gold savings transactions implemented by pawnshops, both in terms of contracts, payments and comparison of the installments of the two gold installments. The research method used is normative juridical using a statutory approach and a comparative approach. The theory used is the theory of legal benefit. The results of this research show that the transaction model applied by BSI is in the form of gold installments using a murabahah contract and a rahn contract, while Pegadaian is a gold savings account. These two gold installment models can provide benefits for people who want to invest in gold.

Are Cryptocurrencies Ḥaram? A Critical Analysis toward MUI’s Fatwā

This paper critically examines the Indonesian Ulema Council's fatwā which prohibits cryptocurrency. The critique focuses on three aspects of the ban. The first is criticism for banning cryptocurrency which is considered to contain garar and ḍarār, and is contrary to Law No. 7 of 2011 and Bank Indonesia Regulation No. 17 of 2015. The second is criticism of the illegality of buying/selling cryptocurrency, which is positioned as a digital asset/commodity that contains garar, ḍarār, qimār, and does not meet the sil’ah criteria. The third is criticism of the permissibility of cryptocurrency as a commodity/asset when it fulfills the sil’aḥ criteria and has underlying and clear legal benefits to be traded. This study adopted a qualitative approach. The conclusion reveals that MUI's fatwā on cryptocurrencies was not built on solid legal reasoning and did not consider the benefits of technological advances. The MUI's fatwā is based on the principles of Islamic law, specifically garar, ḍarār, and qimār, which are used to evaluate the legality of trading commodities or digital assets, such as cryptocurrencies. However, it is important to note that the MUI's fatwā does not consider the potential benefits of cryptocurrencies, such as their use as a new form of investment and their potential to revolutionize industries by enhancing security, and efficiency, and creating new trading opportunities in the digital age. In terms of non-Sharia technology, it is seen as a tool that can be used for good or evil, and its permissibility depends on its use. Blockchain technology, which underpins cryptocurrencies, is considered acceptable because it makes transactions more secure and enables the use of smart contracts.

Regulation of Maturity Based on Marriage Law in Indonesia: A Perspective on Legal Benefits

The level of maturity is a reference that a person is capable of carrying out a marriage. Facts in the field show that there are cases of divorce carried out by couples who have met the age requirements. Reaching the minimum age of maturity in marriage is not enough to conclude that a person is mature. In Marriage Law Number 16 of 2019, only the minimum age limit for marriage is explained or it can be explicitly said that a person is an adult it was 19 years old. Meanwhile, you should also consider the emotional maturity of the person. So it is necessary to clarify the oncept of maturity in marriage law in Indonesia. The aim of this research is to examine maturity regulations based on the Marriage Law in Indonesia. This research is normative legal research with a philosophical approach, a statutory approach and a conceptual approach. The techniques used to analyze legal materials are survey, question, read, recite/recal, review using deductive thinking. The results of the analysis show that maturity plays a major role in the success or failure of a relationship, maturity influences a person's ability to truly commit to a lifelong relationship and understand that commitment means giving up all other partner options. Maturity impacts a person's ability to understand concepts and apply the skills necessary to form and maintain healthy relationships. This can be used as a consideration in legal reform in order to create responsive and progressive legal rules.