Legal Research Articles

ЭКОНОМИКА ПРАВА

The author of the article explores the relationship between legal institutions and economic processes. Provides an analysis of how legal systems and rules affect economic activity, the efficiency of markets, the investment climate, and the overall prosperity of a society. The article discusses the main theoretical concepts of legal economics, such as the theory of legal rules, the theory of contracts and the theory of property rights. She also examines various aspects of the economics of law, including statistics of legal liability for economic crimes and legal regulation.

Exploring the Frontiers of Data Analysis: A Comprehensive Review

The process of assessing, cleansing, transforming, and interpreting data to find trends, patterns, or insights that might guide choices and help manage problems is known as data analysis. Data analysis is a leading light on the cutting edge of contemporary research, revealing the path of knowledge across many areas. It includes the methodical examination of data to find trends, patterns, and insights that are helpful for the analytical and creative processes. This review also examines how data analysis is developing, emphasizing new approaches, paradigms, viewpoints, and graphical data displays. In addition to the significant improvements brought about by artificial intelligence, deep learning, and machine learning, it emphasizes statistical inference, exploratory data analysis, and data pretreatment. One of the main ideas behind this review was to use a systematic literature review approach along with meta-analysis techniques to look for new developments and trends in how data is analyzed in a lot of different areas. The article also addresses how data visualization could improve comprehension and dissemination of the results. In promoting responsible data use and legal rules, it also looks at how analytics affects society, the law, and ethical issues. The evaluation underscores the diverse disciplines that employ data analysis, underscoring the need for interdisciplinary coherence and comprehensible algorithms. Finally, this thorough research offers recommendations for analyzing and determining the boundaries of data analysis, in addition to offering insightful viewpoints and opinions that are helpful for academics, professionals, and decision-makers. If we just stay up to speed with the latest advancements and strive to be more, we can utilize data analysis to its fullest potential for complicated problems and positively impact society. Keywords: Data mining, big data analytics, machine learning, algorithms, and data analysis and statistics

ПРОБЛЕМЫ СОВЕРШЕНСТВОВАНИЯ ЗАКОНОДАТЕЛЬСТВА В СФЕРЕ СОЦИАЛЬНОЙ ЗАЩИЩЕННОСТИ ПОЖАРНЫХ И СПАСАТЕЛЕЙ, РАБОТАЮЩИХ (ПРОХОДЯЩИХ СЛУЖБУ) В АРКТИЧЕСКОЙ ЗОНЕ РОССИЙСКОЙ ФЕДЕРАЦИИ

The article discusses topical issues of legal regulation of social protection of firefighters and rescuers of EMERCOM of Russia performing tasks in the Russian Arctic. It is noted that the legal concept «Arctic zone of the Russian Federation» has no legal significance for the regulation of the provision of guarantees and compensation. The study systematized the «northern» legal incentives provided for by law, conducted their comparative legal analysis for various categories of rescuers and firefighters. It has been established that the differentiation of measures of additional social protection of these categories is not always due to the difference in the functions and tasks of individual structures of EMERCOM of Russia. Some areas of improvement of the applicable legislation are outlined.

Methodological approaches to the study of the legal concept of the modern democratic regime

Methodological approaches to the study of the legal concept of the modern democratic regime

Perlindungan Hukum Bagi Korban Tindak Pidana Perdagangan Orang (Human Trafficking) Dalam Persfektif Undang-Undang Nomor 21 Tahun 2007 Tentang Pemberantasan Tindak Pidana Perdagangan Orang

Human trafficking, also known as human trafficking, is a new form of transnational crime that is increasingly rampant. The crime of trafficking in persons is a modern form of human slavery, the crime of trafficking in persons, has expanded in the form of a network of organized and unorganized crimes. The crime of trafficking in persons even involves not only individuals but also corporations and state administrators who abuse their authority and power, According to Law Number 21 of 2007 concerning the Eradication of Trafficking in Persons Article 1 paragraph (1), human trafficking is the act of recruiting, transporting, sheltering, sending, transferring or receiving a person with the threat of violence, use of violence, kidnapping, detention, forgery, fraud, abuse of power or vulnerable position, debt entanglement or payment or benefit, This type of research is normative legal research, namely research that has the object of study on legal rules or rules. Legal protection for victims of human trafficking is very important, so various efforts are made so that they get the right to become useful human beings before returning to society. As well as efforts to empower economically and educationally so that victims are not trapped again in human trafficking. Adequate legal protection for victims of crime is not only a national issue, but also an international one, because this needs to receive serious attention, including victims of human trafficking. Victims of crime, who are basically the parties who suffer the most in a criminal act, do not receive as much protection as the law gives to criminals. As a result, after the perpetrator of the crime has been sentenced to criminal sanctions by the court, the victim's condition is not cared for.

Enabling cross border open finance systems in Latin America: is consent enough to develop them?

ABSTRACT Since 2016, digital finances have been disrupted by the introduction of open banking policies, which would facilitate data sharing in this particular industry. The UK and the EU have led this approach through the adoption of legal rules that enabled data sharing between financial institutions, particularly payment services providers, under users’ permission; lately, this has been slowly expanded into other financial services and called open finance. In this respect, certain Latin American countries have followed this, particularly led by industry efforts. In contrast to the EU, where the Digital Single Market facilitates the necessary conditions for sharing data, Latin America is fragmented in this respect. As such, this permission might be a weak basis for enabling a cross-border open finance ecosystem. This contribution will explore a selected cohort of Latin American countries and assess whether it would be feasible the development of a regional open finance system.

AYAT DAN HADIST TENTANG WASIAT DAN PEMBAGIAN HARTA WARIS

In Islamic law, the distribution of inheritance (faraidh) is part of a problem that has clear rules (qat'i al-dilalah). Even so, there are still a handful of people who question the justice aspect of this faraidh issue. One solution to bridge this is the concept of a will. The distribution of assets based on a will is relatively more flexible than what has been determined in the science of faraidh. However, wills are still inseparable from the legal rules established by the Koran and Sunnah.

Analisis Hukum Islam Terhadap Praktek Jual Beli Gabah Hasil Pertanian Pada Pedagang (Studi Kasus Di Desa Kulo Kecamatan Kulo Kabupaten Sidenreng Rappang)

This research aims to explore the analysis of Islamic law related to the practice of buying and selling agricultural grain between farmers and traders, which is often carried out in large quantities using a weighing system that is vulnerable to dishonesty and fraud. The focus of this research is on the action of unilaterally setting the weighing equipment by the trader as well as cutting the weight of the scale per sack of grain after weighing it. The research method used is field research with a descriptive qualitative nature and an empirical juridical approach, with primary data from direct interviews and secondary data from Islamic literature such as the Al-Qur'an, hadith, books and online print media. The research results show that the practice of buying and selling grain is carried out with various agreements at the farmer's house or at the location where the grain is stored, however factors such as a lack of understanding of Islamic legal rules, limited sales alternatives, and cultural factors also encourage people to continue this practice. According to Islamic law, this practice is considered unacceptable because it violates the principle of dishonesty and is detrimental to farmers.

Legal Means to Protect Refugees: A Critical Study of Concepts Related to the Refugee Protection

This study delves into the comprehensive understanding of refugee protection by examining the legal concepts associated with international protection. It highlights key challenges refugee protection efforts face and explores the legal foundations and methodologies employed to achieve this objective. The research sheds light on international and regional legal mechanisms for safeguarding refugees while briefly discussing the protection of refugees in Islamic law. The central question addressed in this research revolves around the role of international and regional cooperation in providing effective protection and ensuring the safety of refugees. The study yields a range of findings and offers corresponding recommendations. Notably, the research underscores the significance of agreements as crucial legal instruments enacted to protect refugees. Furthermore, it emphasizes that the foremost guarantee for such protection lies in refraining from expelling or deporting refugees to their countries of origin without ensuring their safety upon return. The recommendations to advocate for countries to accede to international conventions on refugees and their protocols.

Inconsistency in freedom of contract for banking dispute resolution in Indonesia

This research interprets the manner and existence of contradictions in POJK No. 61/POJK.07/2020's declaration regarding the freedom of contract while choosing banking dispute resolution forums. Primary and secondary legal materials comprise most of the secondary data in this normative legal study. The information was gathered from the literature and examined using analytical and interpretive methods. The study's findings emphasised how Indonesian banking dispute resolution forums are chosen inconsistently with the idea of freedom of contract. The findings demonstrated the necessity of legal harmony in rulemaking to guarantee the coherence and consistency of all legal principles underlying different laws. This article argues that legal harmony is essential for aligning various legal concepts across diverse regulations and significantly contributes to the identification of the policy's inconsistency, which restricts the ability to choose a banking dispute settlement venue without restriction. The findings of this study may provide the basis for more research on how the policy affects banks and their clients. The findings could also be used as a reference for policymakers to improve the current policy and to ensure that the principle of freedom of contract is preserved in banking dispute resolution. Overall, this research provides valuable insights into the current policy and its impact on the banking industry in Indonesia.

The Binary Logic of the Compilation of the Ecological Environment Code and Its Unfolding

The Ecological Environment Code, as a significant legal instrument for the evolution of ecological civilization, possesses both substantive and formal dimensions. First, it aims to serve the national ecological civilization strategy. Second, it elucidates potential pathways for legal interpretation, development of legal rules, and promotion of judicial governance, restraining arbitrary behavior and disorder while facilitating systemic cohesion. The compilation of the Ecological Environment Code unfolds through the main threads of substantive and formal logic. By prioritizing conservation, protection, and restoring the natural environment, resource management, pollution prevention, and ecological protection are coordinated, integrating legislation on ecological protection with management of natural resources and pollution prevention to achieve both “harm avoidance” and “beneficial trends.” Employing the formal logical main thread of the structure of the relationship between power and rights, we present four types of norms: ex post facto remedy, hazard prevention, risk prevention, and independent value selection.

Smart Robots and Civil Liability in Jordan: A Quest for Legal Synthesis in the Age of Automation

This paper embarks on a pivotal scholarly journey to scrutinize the civil liability implications of Artificial Intelligence (AI) within the Jordanian legal framework. As AI transforms from a speculative concept into an omnipresent reality, it presents unique jurisprudential challenges, particularly civil liability. This study aims to bridge the jurisprudential vacuum in Jordan, where an absence of judicial precedents highlights the urgency for legal exploration in this emerging field. Adopting a doctrinal legal research methodology, the study rigorously examines Jordanian liability theories and their applicability to AI and undertakes a comparative analysis with more advanced legal systems in AI regulation. The paper navigates the intricacies of AI in the context of traditional Jordanian legal theories, such as objective and personal liability theories. It extends to explore the challenges of attributing liability in the age of AI. Key findings reveal significant inadequacies in Jordan’s current legal provisions to address AI-induced liabilities, the disconnection between civil liability and AI accountability, jurisdictional ambiguities, and challenges in applying traditional legal concepts to the unpredictable nature of AI. The study proposes granting AI legal personality, legislative intervention, enforcing global accountability standards, advocating for international cooperation, and exploring technological limitations with ethical programming. This research contributes profoundly to academic discourse and policy formulation, particularly in the Jordanian context, highlighting the need for a comprehensive, adaptable, and robust legal framework that addresses the unique challenges posed by AI and robotics in the legal domain.

In Search of Living Law: How Should We Design for (Digital) Legal Interaction?

In his work on human-centric design, urban theorist Christopher Alexander elaborated design patterns as a way to conceptualise and practice urban design together with its users. Alexander aspired to design “living places”, physical spaces created by the social interactions that take place there. In this article, I use this lens to uncover the “living places” of law, and what might be the “living law” that legal design patterns could capture? I explore law as a product of design, and design as an activity, an activity that produces the many material manifestations of law. These manifestations may be digital or analog, such as case files on paper or interactive online forms, courthouse architecture or institutional webpages, courtroom furniture or dispute resolution platforms. Although often overlooked in legal scholarship, such material manifestations shape legal interaction, privileging certain forms and actors over others. They reflect values and ideologies as well as legal concepts and doctrines. By thinking about law through legal design patterns, living law becomes defined through interaction. I explore this connection between spatial and material arrangements and legal interaction they manifest and enable. This analysis makes it possible to compare law’s old material manifestations with its new places and things that rely on digital technologies. This shift of focus to legal interaction enables us to ask what legal interaction is, how it should be designed, and by whom, reconceptualising the dynamics of law, technology, and design. Ultimately, legal design patterns may provide us with conceptual and methodological tools for designing user-centric justice.

THE ORIGIN OF THE RULE OF LAW; APPLIED RESEARCH ON IRAQI LAW AND INTER-RELIGIOUS LAWS

Political systems adopt the principle in some of its manifestations and not others. The transformation into a state of law is gradual, passing through several systems of government in which the state develops and transforms into civilized democratic systems subject to the law and respecting the principle of the rule of law. On this basis, the state of law is one that subjects its public authorities to all legal rules in all actions and behaviors issued by it. This commitment is what takes it out of the category of oppressive states in which the ruling authority has absolute freedom to take whatever actions and procedures it deems appropriate in confronting individuals to achieve whatever goals it pleases without being bound by the provisions and rules of the law. Some constitutional law scholars have distinguished between the principle of the state’s submission to the law and the principle of the rule of law. They say that the principle of the state's submission to the law means subjecting all authorities in the state, and it is a legal principle that aims to protect the rights and freedoms of individuals in the face of the state or the administration. As for the principle of the rule of law, it means the supremacy of the legislative authority over the executive authority, and the inability of the latter to take any action unless it is in implementation of the law or with the authorization of the law. It is a political idea that originated from the fact that parliament represents the will of the nation. The rule of law means the supremacy of the provisions of the law in the state; such that the provisions and rules of the law are superior to all wills in the state (the wills of the rulers and the ruled together).

Campaign Ethics for the President in the General Election

Every five years, Indonesia holds General Elections that are held directly, generally, freely, secretly, honestly, fairly, or commonly known as Luber Jurdil. In the principle of ethics, in politics related to morals, the politics of a country if followed by ethics then a prosperous, just and prosperous nation will be achieved. At this time, campaigns are still widely used to invite commotion by spreading hoaxes. The president has an obligation to maintain neutrality. The president has an obligation to maintain his neutrality during the election campaign. Yesterday's campaign, the President was accused of carrying out a campaign that skewed towards one of the candidate pairs. In this study, juridical normative research was used to see issues related to campaign ethics for the President. When viewed from the context of democracy, the President has the right and freedom as a citizen to participate in the political process, including in election campaigns. As someone who is subject to the rules, the existence of rules regarding the President's right to campaign during the election period, the President must also maintain ethics and moral values outside of the existing legal rules.

KAEDAH PENDALILAN QIYAS DAN APLIKASINYA DALAM KEWANGAN ISLAM SEMASA

Qiyas plays a crucial role in the formulation of Sharia law, being one of the primary sources of evidence used in the science of usul al-fiqh. Although usul al-fiqh, the science that discusses the process of deriving legal rulings, is a necessity for those involved in the issuance of legal rulings, it is observed that in the current context, the literature on usul al-fiqh has not received adequate attention, especially in the domain of Islamic finance. Therefore, one of the suitable sources of usul al-fiqh for resolving modern issues that were not addressed in ancient times is the source of qiyas. Qiyas is essential in determining the element of similarity from the perspective of the ‘illah (effective cause) of the law between an issue explicitly mentioned in the Sharia texts and a new issue. Furthermore, this source is accepted as evidence by the reputable scholars among the four Sunni schools of thought. This study aims to analyze the application of qiyas as evidence in contemporary Islamic financial practices. The study employs a qualitative approach, involving a literature review encompassing books, journals, and relevant circulars. The collected materials are analyzed using document analysis methods. The findings of the study indicate that several practices in Islamic finance are implemented based on the justification of qiyas. These practices include issues related to fiat currency, the requirement for a minimum amount of physical assets in sukuk, the zakat on jewelry (gold and silver), and the zakat on publicly listed company shares. Therefore, it can be concluded that qiyas plays an important role as a primary reference for contemporary issues in Islamic finance. It is recommended that current Islamic finance industry practitioners thoroughly understand the source of qiyas.

Phenomenon of Juvenile Delinquency In Purwokerto Village, Patebon District, Kendal Regency, Central Java

In Purwokerto Village, Patebon District, Kendal Regency, Central Java, the phenomenon of juvenile delinquency has increased rapidly in recent years. This delinquency includes various behaviors that violate social and legal rules, such as fighting, vandalism, drug abuse, and other violations. To determine the components that contribute to juvenile delinquency in the village and its impact on adolescents' social lives. This study uses a qualitative descriptive methodology. As a result of in-depth interviews and observations of participants, it was found that some of the main factors influencing adolescent deviant behavior are changes in family structure, negative peer influence, and lack of supervision and guidance from family and society. The purpose of this study is to provide practical recommendations to stop and handle juvenile delinquency in Purwokerto Village.

AFFECTIVE TIES AND LEGAL BOUNDARIES: FAMILIES AND THE FAMILY BETWEEN LAW AND TRADITION IN ITALY AND ROMANIA

The fundamental pillar of any society is the family. The family provides its members with security, stability and excitement. The family is the environment in which we form our personality, acquire values and skills. In the family we learn about love, responsibility, communication and respect, how to develop our emotional and social skills and how to form a balanced identity. Most individuals believe that family is the value that gives meaning to life. From a legal point of view, the family is that group of people between whom there are rights and obligations that arise from marriage, kinship but also from other relationships that the law assimilates to family relationships. Thus, as Prof. Dr. Ion Filipescu said, the family is a legal reality because it is regulated by legal norms. Considering the fact that legal rules are closely related to the history, culture, economy and social evolution specific to each state, the legal rules governing the family vary from one state to another.

Determination of Murabahah Fines at Wates Jaya Phone According to Fatwa DSN MUI No. 17 of 2000

Wates Jaya Phone is one of the Wates Mulyo BUM Desa business units which is engaged in buying and selling smartphones and other electronic equipment, their buying and selling practices are based on sharia. This financing is murabahah which is used as a principle in buying and selling smartphones that are ordered on a firm basis without a down payment with competitive margins. Unfortunately, even though murabahah installment payments are made very easily, there are still customers who deliberately delay payments and cause significant problems for Wates Jaya Phone. This research aims to analyze the implementation of Murabahah transactions and the determination of Murabahah fines on Wates Jaya cell phones according to the MUI DSN Fatwa Number 17 of 2000. The research method used is descriptive with a qualitative approach using literature studies and case studies on Wates Jaya cellphones. The results of this research show that the murabahah contract carried out on Wates Jaya Phone is carried out with a single contract only (according to Islamic rules and legal rules), in contrast to other sharia institutions mentioned in previous research which camouflage murabahah and wakalah contracts, then determine Murabahah Fines on Wates Jaya Phone is also in accordance with the MUI DSN Fatwa Number 17 of 2000, namely the application of fines following the principle of ta'zir/fines in the form of money amounting to 1.5% of the transaction price plus a margin for each month, outside of transaction financing so that customers are more disciplined, in the future fines.

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

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