Legal Community Research Articles

Stream-Aquifer Systems in Semi-Arid Regions: Hydrologic, Legal, and Management Issues

Integrated solutions to groundwater management problems require effective analysis of stream-aquifer connections, especially in irrigated semi-arid regions where groundwater pumping affects return flows and causes streamflow depletion. Scientific research can explain technical issues, but legal and management solutions are difficult due to the complexities of hydrogeology, the expense of data collection and model studies, and the inclination of water users not to trust experts, regulatory authorities, and in some cases, their management organizations. The technical, legal, and management issues are reviewed, and experiences with integrated management of stream-aquifer systems are used to illustrate how governance authorities can approach engineering, legal, regulatory, and management challenges incrementally. The situations in three basins of the State of Colorado with over-appropriated water resources are explained to identify modeling and control issues confronting regulators and managers of water rights. Water rights administration in the state follows the strict appropriation method and a workable technical-legal approach to establishing regulatory and management strategies has been developed. The explanations show how models and data management are improving, but the complexities of hydrogeology and institutional systems must be confronted on a case-by-case basis. Stream-aquifer systems will require more attention in the future, better data will be needed, model developers must prove superiority over simpler methods, and organizational arrangements will be needed to facilitate successful collective action amidst inevitable legal challenges. Continued joint research between technical, legal, and management communities will also be needed.

On the issue of labor protection of remote workers

Every employee has the right to work in conditions that meet the requirements of labor protection. But is the current labor protection system capable of sufficiently protecting workers from the dangers associated with the specifics of remote work? The article studies several current regulations in the field of labor protection of remote workers. The new edition of section X of the Labor Code of the Russian Federation was also analyzed, in which the legislator not only «reformatted» existing norms, but also introduced completely new norms, in particular, the possibility of electronic document management. Many amendments have caused a mixed reaction in the legal community. Thus, the analysis of the labor legislation of the last period allows us to conclude that there is a need for more thorough study and preparation of legislative drafts, as well as the inclusion of an increasing number of experts in the relevant field of law in the discussion of planned changes.

Harmonisation of ethical and legal principles in the activitie of the bar of Ukraine and the countries of Slovakia and the Czech Republic: a comparative legal aspect

The article deals with the urgent problem of trust in the legal profession and its impact on the effectiveness of protection of human rights and the activities of society itself. The necessity of cooperation between ethical principles and legal norms in the context of human rights protection is substantiated. The focus is on the analysis of the interaction between ethics and legal norms, as well as their reflection in the modern legal system, and emphasises the universality and inviolability of human rights and their important role as guidelines for society and the state.
 Adherence to ethical norms and legal standards plays a significant role in ensuring public trust in lawyers and, ultimately, in the performance of the profession of lawyer - the protection of human rights and dignity in the modern legal environment. Interaction is fundamental to the modern legal system. Ethical principles, based on justice and goodness, shape moral behaviour and contribute to the development of the legal community. Legal norms, in turn, regulate the behaviour of citizens and organisations in society.
 The article emphasises the universality and inviolability of human rights, which are fundamental principles that apply to everyone without exception. They are based on general principles of justice and dignity that should not be limited to specific cultural or religious contexts. Human rights serve as a guide for the development and application of legal norms. Many ethical principles, such as those of justice and equality, are reflected in human rights and are an important component of both ethics and human rights. Many constitutions and international treaties protect fundamental rights and freedoms. Interaction of ethics and legal norms in the context of modern society and its moral development. The professional ethics of the advocate is an important component in the formation of a fair, dignified and effective legal environment. Compliance with ethical norms and legal standards is an integral part of the advocate's work in the society.

Event Gets the Legal Community to Participate, Compete

Event Gets the Legal Community to Participate, Compete

AKUNTABILITAS LAYANAN MASYARAKAT BERBASIS MEDIA DESA GUNA PENCEGAHAN KORUPSI

Village, based on the general definition, is the agglomeration of settlements in rural areas (rural). Indonesia places villages in a government administrative area, under sub-districts, and is led by a village head. Law Number 22 Year 1999; Village is a legal community unit that has the authority to regulate and manage the interests of the local community based on local origins and customs. Village financing comes from the State Revenue and Expenditure Budget (APBN) transferred through the district / city Regional Revenue and Expenditure Budget (APBD), and is called the Village Fund. Indonesia Corruption Watch (ICW) recorded 46 cases of corruption in the village budget in 2019. After making observations, also Focus Group Discussions (FGD), interviews with village heads, listening to community information, it is deemed necessary to implement extension activities. For this reason, Community Service activities by a team of lecturers at the University of East Indonesia (UIT) in the hope that the village will be free from corruption

The Implications Of Islamic Law On The Rights Of Religious Minorities In Muslim-Majority Countries

The study explores the complex implications of Islamic law on the rights of religious minorities in countries with majority Muslim populations. Through a comprehensive literature analysis, this review aims to summarize information from various relevant text sources. The study's findings reflect the complexity of religious minority rights issues in Muslim-majority countries. In the context of an analysis of the impact of Islamic law on the rights of religious minorities, it appears that Islamic law may provide a potential basis for protecting the rights of religious minorities. However, its interpretation and application may vary between countries. However, implementing Islamic law in state policy often creates tensions between religious and universal human rights principles, requiring careful efforts to strike the right balance. In addition, in modern contexts, such as the impact of globalization and information technology, Muslim-majority countries are faced with challenges that encourage them to constantly adapt to ensure effective protection of the rights of religious minorities. Therefore, to address these challenges, a comprehensive approach that includes legal reform, interreligious dialogue, and community education is needed to ensure that the rights of religious minorities are respected and substantially protected.

Community Legal Compliance With Regulations For The Prevention And Handling of COVID-19

Legal compliance in the community is always an interesting issue to discuss. The research question in this study is how the compliance of the members of the Tadulako University academic community in response to the Decree of the Minister of Health of the Republic of Indonesia Number: HK.01.07/MENKES/413/2020 concerning Guidelines for the Prevention and Control of COVID-19 through the implementation of Tracing, Testing, and Treatment (3T Program)? To answer the research objectives, empirical legal research (socio-legal research) was conducted to support the depth of analysis. The analysis materials include data on the conditions and levels of health risks experienced by the academic community based on the available COVID-19 link records, data on the number and distribution of academic community members who have been infected with COVID-19, and data on the implementation of the 3T program sourced from Tadulako Hospital. Starting from the interpretation of the research data analysis, the findings revealed: (a) there are some members of the academic community who do not respond to filling in data regarding the condition and level of health risk on the available COVID-19 link; (b) members of the academic community who have had a history of contact with COVID-19 sufferers have not all complied with the rules for preventing and handling COVID-19 through the implementation of 3T; (c) members of the academic community who are declared positive for COVID-19 infection have relatively high legal compliance in supporting the implementation of treatment. Their legal compliance is categorized as identification according to Herbert C. Kelman’s theory.

How to Regulate Moral Dilemmas Involving Self-Driving Cars: The 2021 German Act on Autonomous Driving, the Trolley Problem, and the Search for a Role Model

AbstractWith the promulgation of the Autonomous Driving Act in summer 2021, Germany took the worldwide lead on regulating self-driving cars. This Article discusses the (non-)regulation of moral dilemmas in this act. To this end, it clarifies the role of the so-called trolley problem, which influenced the report of the German Ethics Commission that paved the way for this act in particular and the relationship between philosophical reasoning, empirical studies, and the law in general. By introducing the international legal community to the (non-)regulation of moral dilemmas in the German act, the Article critically reviews the German goal, which is to serve as a European and international role model. This will be preceded by a discussion as to why self-driving cars should be allowed as well as the moral dilemmas they cause which should be regulated by the law.

PRODUK HALAL DALAM PERSPEKTIF HUKUM DAN MASYARAKAT

Nowadays, food and beverage products are widely circulated in society. In the era of globalization of society, the traffic of goods including food/drinks across countries is not guaranteed to be halal. Even though religious obligations command us to consume halal food/drinks. With the existence of Law no. 33 of 2014 concerning Halal Product Guarantees and Government Regulation no. 39 of 2021 shows that there is legal certainty in the implementation of Halal Product guarantees. The problem is how to theoretically and empirically study the implementation of halal product guarantees from an Indonesian legal perspective. The research methods are normative juridical and sociological. The research results show that theoretically, the implementation of halal product guarantees is based on Law no. 33 of 2014 concerning Halal Product Guarantees reflects legal norms originating from God's Law (God Order), namely from the Al-Qur'an and Hadith, and has long been practiced in people's lives as a reflection of a person's or society's religious awareness. The process shows a circle of interaction that ends with the Halal Product Guarantee Law. Empirical studies explain that the implementation of halal product guarantees has been going on in people's lives for a long time so that it functions to create legal certainty, comfort and justice for the user community as well as realizing beneficial values for economic growth and community welfare. The existence of statutory regulations, legal institutions and public awareness of halal product guarantees are elements of a legal system. Empirical studies explain that the economic subsystem played by business actors has great energy to adapt quickly and utilize legal regulations and community culture to expand and develop their business.
 Keywords: Halal, Products, Law and Society

Regulatory Disputes to the Crime of Online Insult and Defamation in China

The digital network era has significantly improved society and the economy, and network security protection has become a significant concern. The criminal regulation of these emerging types of cybercrime should be promptly addressed, given their frequent occurrence. Online violence and rumors have always been the focus of attention in constructing network security. Network personal information crime is not an unfamiliar crime field, its essence is a new form of combining the network as a medium of transmission or using network technology to connect traditional crimes. The insult and defamation crimes in the network are among the significant instances of online personal information crimes, which refer to behaviours that infringe on individuals rights, such as privacy and honour, using violent words in cyberspace. Because of their intersectionality, online insults and defamation crimes are extremely easy to be ignored. In reality, judicial and administrative agencies have different criteria for and disposal of violence in online insults and defamation. Hence, identifying research on Internet insults and defamation has become an essential issue in the legal community and judicial activities. This article summarizes and discusses the confirmation of participating entities, whether the behavior of the actors dessemination constitutes a crime, and the illegal obstacles caused by cyber insults and slander behaviors, and summarizes the corresponding conclusions.

Increasing Community Legal Awareness Through Registration of Land Ownership Rights for the Cangkol Village Community

Land registration is an important thing that must be done so that legal certainty and legal guarantees can be realized immediately. In this case, the purpose of this dedication is so that the people of Cangkol Village can understand and understand how vital land registration is. The method used in this service is to conduct legal counseling for the people of Cangkol Village and follow up with legal consultations. The service results are increasing legal awareness among the people of Cangkol Village, most of whom have understood and understand the importance of registering their land to protect their rights. The success of this service is that almost all the land in Cengkol Village has been registered and certified.

Publications about Scientific Schools in Legal Publications: Statistic Data and its Analysis

Introduction. Despite the high importance of scientific schools in jurisprudence, there is a lack of objective data confirming or refuting the role of associations of this type for the social sciences. To determine the importance of long-term associations of scientists for conducting research, to demonstrate the effectiveness of various groups of journals that inform the legal community about the importance of collective cognitive activity. Theoretical Basis. Methods. Based on statistical research methods of publications published in the Scientific Electronic Library “eLIBRARY.RU”, the conclusion is made about the importance of scientific schools for conducting research activities in the fields of natural, technical, medical, agricultural and socio-humanitarian sciences. Results. A pattern has been revealed: if the object of study is a person as a biological unit (for medical sciences) or a social unit (for social sciences and humanities), the number of mentions of scientific schools in publications on the relevant topic is generally higher compared to natural, technical or agricultural sciences. The scientific school is of the highest importance for such a fundamental legal discipline as the history of state and law. According to the frequency of appeals to the phenomenon of the scientific school, the science of the history of state and law is closer to the historical sciences than to the legal ones. The importance of collective research in the field of law and collective knowledge of reality is not sufficiently communicated to practicing lawyers in periodicals aimed at the appropriate audience. Discussion and Conclusions. Complex self-regulating systems as objects of research, whose behavior is characterized by the property of low predictability, have another system as one of the tools and measurement parameters – the scientific school and its founder. The society is one of the most complex self-regulating systems, which explains the role played by the scientific school in the field of jurisprudence. Practitioners should be involved in the work of research teams, whose work contributes to increasing the degree of reliability of research results, increases the practical significance and accessibility for the consumer of scientific products.

Dispute Settlement in Complete Matic System Land Registration

This article analyzes Legal Protection for Complete Systematic Land Registration (Pendaftaran Tanah Secara Sistematis Lengkap) or PTSL and Dispute Resolution in PTSL.This research is an empirical legal research with statutory approach, case approach, concept approach, and legal sociology approach. The results of this study indicate that legal protection for certificate holders in the PTSL Program is not absolute and only strong because the land registration system in Indonesia adheres to a negative publication system. Dispute settlement in the PTSL Program is resolved through the Non-Litigation and Litigation channels. Based on research at the Gianyar Regency Badan Pertanahan Nasional Office (BPN) or National Land Agency Office and the Tabanan Regency BPN Office, disputes over Overlapping Certificates and Inheritance Disputes dispute settlement through Non-Litigation Methods are carried out by means of Mediation accompanied by a Mediator, which Overlapping Disputes Pays little attention to the elements of Theory Legal Justice because there is no settlement procedure, whereas inheritance disputes have fulfilled the elements of the Theory of Justice where there is a fair procedure in the stages of settlement. Based on the results of research at the Tabanan Regency BPN Office and Karangasem Regency BPN There is a Customary Land Claim Dispute which was resolved through the Litigation Line at the District Court was decided based on considerations of coherence between Physical Data and Juridical Data in the issuance of Certificates of Land Rights which are in accordance with the Theory of the Legal System reflects the Substance The law has clear rules in the judge's considerations, the legal structure has law enforcement officers formed from the legal system, in this case the Adjudication Committee and Judges at the District Court, the Community's Legal Culture towards the PTSL Program reflects that there is still bad faith from the community in submitting its registration.

Rivers and Water Systems as Weapons and Casualties of the Russia‐Ukraine War

AbstractThe geophysical, hydrological, and ecological consequences of the Russia‐Ukraine war for the major rivers and water infrastructure in Ukraine are addressed here, focused on the dams and reservoirs of the Dnipro (Dnieper) River and major tributaries, up to and including the destruction of the Kakhovka Dam in June 2023, using remote sensing systems, on‐the‐ground reports, and official sources. The rivers have long played a role as physical barriers during conflicts, but in the current war, water and built water systems have also been targeted for attacks and used as both offensive and defensive weapons. Among the consequences of the conflict have been both direct and indirect effects on civilian populations, agriculture, military operations, water supplies and quality, and natural ecosystems. An historical review shows that such attacks have occurred in the past, but the extent and severity of the current violence appear unprecedented, raising important questions of international law and how international legal and scientific communities should respond.

К ВОПРОСУ ОБ УГОЛОВНОЙ ОТВЕТСТВЕННОСТИ ЗА НАРУШЕНИЕ ТРЕБОВАНИЙ ОХРАНЫ ТРУДА

The article is devoted to the criminal law analysis of some problems of the implementation of criminal liability for violation of labor protection requirements. Currently, in practice, there are a number of difficulties associated with bringing to criminal responsibility the heads of organizations for failure to ensure safe working conditions. In this regard, the legal scientific community is considering various possibilities for improving the current criminal legislation, allowing for more effective application in practice of article 143 of the Criminal Code of the Russian Federation. 
 The authors investigate the possibility of applying criminal liability against the head of the organization for violation of labor protection rules and failure to ensure safe working conditions within the framework of official crimes, in particular for negligence. The article presents the results of the criminal law analysis of the elements of crimes provided for in articles 143 and 293 of the Criminal Code of the Russian Federation and puts forward a number of judgments on improving the current Criminal Code of the Russian Federation.

Prosecuting Cybercrimes under International Legal Frameworks: Challenges and Innovations

Combating cybercrime is one of the most relevant areas of the legal community development since the widespread integration of digital technologies into all spheres of human activity demonstrates the need to regulate this sensitive area. The aims: are to study the international legal framework for countering cybercrime, as well as the system of challenges and innovations that exist in the modern world. Study design: 31 items of relevant scientific literature were analysed, which made it possible to comprehensively consider the issues of the article. Place and duration the study: The research took place during the second semester of the 2022-2023 academic years. Methodology: the main methods used in the article were the content analysis, forecasting method, and systematic method. Results: in the article modern interpretations of the term “cybercrime” were defined, certain legal international agreements that counteract its spread (primarily the Budapest Convention as an important current document of modern legal influence) and traces the mechanisms of counteraction and methods of their improvement were examined. Other important legal acts, such as the European Union Directive on the prevention of cyber-attacks on information systems and the European Commission Directive on combating fraud and other financial crimes on the Internet, were also considered. As a result, it was found that there were differences at the interstate level in the organisation of the cooperation, which included multilateral and bilateral agreements. The identified problems included insufficient interaction between the law enforcement agencies of different countries at the relevant stages, as well as the lack of an agreed mechanism for obtaining external data. The conclusions established that close ties at the level of international law enforcement systems aimed at addressing cybercrime issues could be effective in overcoming these difficulties.

Arbitrator Disclosure: What Happened after Monster Energy?

The Ninth U.S. Circuit Court of Appeals four years ago generated buzz throughout the legal community and among arbitration practitioners about the levels of disclosure to be made by arbitrators when it issued Monster Energy Co. v. City Beverages LLC, 940 F.3d 1130, 1135 (9th Cir. 2019) (available at bit.ly/43HZ5Ic).

The transindividual right to health and the false dilemmas of individual freedom

This text aims to answer the question: is the mandatory vaccination imposed by the State in conflict with individual freedom? Given the recent scenario of health chaos resulting from the COVID-19 pandemic, the public, transindividual dimension of health was questioned by discourses based on the idea that people would have the right not to be vaccinated. Although the Brazilian legislation and the jurisprudence of the Supreme Court have settled the issue in favor of the mandatory vaccine, we seek to present the problem from an epistemological or hermeneutic perspective. In this sense, it is shown that, unless the legal community reviews its discourse about constitutional principles and fundamental rights, in other words, its understanding and methodology of application, such dichotomies that arise in the public debate and in the courts will persist as obstacles to the full realization of the democratic State of law and, particularly, the right to health. Received: 26/07/23 | Accepted: 04/09/23

HUKUM PIDANA KORUPSI DAN HUKUM ADMINISTRASI NEGARA PULAU-PULAU KECIL PERBATASAN

The government system in Indonesia is organized in stages starting from the central government, provincial, district/city and village governments. All government affairs are divided into each level of government. The village government is the spearhead that has direct contact with the community in real terms. Historically, the existence of villages in Indonesia existed before the Unitary State of the Republic of Indonesia existed or was formed, therefore, if you look at Law No. 6 of 2014 concerning Villages, it is stated that Villages are Villages and traditional villages or referred to by other names, hereinafter referred to as Villages, is a legal community unit that has territorial boundaries that has the authority to regulate and manage government affairs, the interests of local communities based on community initiatives, rights of origin, and/or traditional rights that are recognized and respected in the government system of the Unitary State of the Republic of Indonesia. Openness in the administration of village government is absolutely necessary as a form of accountability for all decisions and policies that have been taken and implemented related to the implementation of development, community development and community empowerment. Openness is needed to increase community participation in development by providing input, support and control over the running of village government. The reality on the ground is that in 2015 the consequence of implementing the Village Law was that funds were disbursed from the APBN which were quite large at the village level, however openness regarding the implementation of village funds was very minimal until now, the human resource capacity of village officials was very minimal. so that it greatly influences the management and management of village funds to create an independent and prosperous village community based on the principles of good governance, namely accountability, transparency and participation.

Fading Futures: Understanding the Connection of Early Marriage, Child Rights Violations, and Abusive Behaviors

This research explores into the complex ties among early marriage, child rights violations, and abusive behaviors, shedding light on its global implications. Through an exploration in Bogura's Khatiamari village, it uncovers a web of socio-political, cultural, and economic factors behind this issue. The study's objectives encompass investigating the factors behind early marriage's prevalence, understanding the types of child rights violations associated with it, and identifying the short-term and long-term consequences of these violations. Qualitative research methods, including case studies, in-depth interviews, and focus group discussions, were employed to gather insights from the community. The findings emphasize that early marriage is deeply rooted in poverty and economic insecurity, often forcing families into decisions driven by desperation. This practice results in a range of child rights violations, including disrupted education, compromised health, diminished agency, and exposure to abusive behaviors. The emotional and psychological toll on children, particularly girls, is significant, as they are denied the opportunity to grow, develop, and participate fully in society. The study underscores the urgent need for multi-dimensional solutions. It calls for strengthening legal frameworks, awareness campaigns, and community engagement to challenge harmful norms and ensure child rights protection. Gender equality emerges as a pivotal element in addressing this issue comprehensively. The study calls for united action by governments, organizations, families, and individuals to end early marriage. This empowers children to reach their potential, free from tradition and discrimination. Despite challenges, this path offers hope to reshape societies, nurture dreams, and uphold every child's rights.