Legal Research Articles

Admissibility of Lawsuits Based on Interest under Algerian Civil and Administrative Procedures

This study examines the impact of interests on the admissibility of civil and administrative lawsuits in Algeria under the Administrative and Civil Procedures Code in the country. The research utilized a normative research method that integrated legal concepts and approaches. It drew on primary legal sources such as laws, regulations, and court decisions, as well as secondary sources including documents, literature, and articles. The study aims to raise awareness among both legal professionals and the general public about the significance of interests in civil lawsuits and how it can impact the admissibility or inadmissibility of lawsuits filed before the court. This will help enhance judicial efficiency by allowing courts to prioritize cases with significant impact on the parties or broader societal relevance. The research manifested that interests are pivotal in determining a lawsuit's validity and that for a lawsuit to be heard, interests must be legal, legitimate, and actual. It also highlighted that the concept of interest in civil lawsuits acts as a crucial mechanism to safeguard the integrity, fairness, and efficiency of the judicial system. Objections based on the unenforceability of interests serve as a key procedural tool, enabling the dismissal of lawsuits that do not meet this criterion. Thus, interest is essential not only for forming the basis of a lawsuit but also for maintaining judicial integrity and effectiveness.

The Legal Concept of Work

The Legal Concept of Work

Edukasi Tentang Pentingnya Pendidikan Hukum Bagi Pelajar SMK Negeri 1 Kaidipang

The family is an effective legal socialization place before a child directly becomes a member of society. Parents become a very important figure in providing examples of law enforcement in Indonesia. Then from the family environment will continue to the school environment and the outside community in general. When a child has started to grow into an adult, then at that time a new individual begins to be introduced to the rules and principles of state law which they know through the legal education they receive both formally and informally. Understanding of the law can be done with legal counseling. Legal counseling means a conscious effort made by someone to comply with applicable legal rules. The methods of implementation are Activity Stages, Preparation and Debriefing Materials, and Program Action Plans. The results of the collaborative community service activities for lecturers and students in the form of socialization are as follows (1) Increased legal awareness of students at SMKN 1 Kaidipang. (2) The behavior of students at SMKN 1 Kaidipang who obeys the law is formed. (3) The characteristics of students at SMKN 1 Kaidipang who understand the law grow. With legal awareness within the students of SMKN 1 Kaidipang, they will easily realize that it is important to comply with existing regulations so that they can apply them and become an example for young and old people in their area, so that they will get used to complying with regulations and carrying out law well wherever they are.

Legal Pluralism in South Africa: The Implications of Co-Existing Customary and Civil Marriages

In South Africa marriage was a key site of colonial legal pluralism. Family formation and marriage were central to upholding boundaries between colonial and local normative orders. Under the umbrella of a single set of fundamental constitutional rights, post-apartheid law nevertheless retains separate statutes, precedents and legal rules for different cultural and religious marriages. This can lead to legal gaps and uncertainty when people enter into simultaneous or coexisting marriages, especially when the same couple concludes a customary marriage together with a civil marriage. This article examines the current configuration and implications of legal pluralism in South Africa by analsysing the interaction between coexisting customary and civil marriages between the same spouses. It identifies three themes in the relationship between these marriages: a hierarchy which continues to privilege civil law over other legal and normative systems; second, failure on the part of the legislature to clarify confusing aspects of the interaction between these forms of marriage and, finally, gaps which neither applicable legal system addresses satisfactorily. It also illustrates the political failure of the legislature, almost thirty years after the advent of democracy, decisively to address the socio-economic problems created by pluralism and the inadequate regulation of customary marriages.

Same-Sex Marriage from the Perspective of Legal Instruments, Human Rights and Hindu Religion

The purpose of this research is to analyse the anti-discrimination struggle against LGBT from a legal and human rights perspective and same-sex marriage from a Hindu legal perspective. This research is normative juridical research carried out using a statutory regulation approach and a legal concept approach. The analysis was carried out qualitatively. The phenomenon of same-sex marriage has indeed become controversial in various countries, including Indonesia. The struggle for anti-discrimination treatment for LGBT people has become one of the focuses of the human rights struggle. Various national and international legal instruments have regulated the right to equal treatment for everyone. However, this right cannot fully become the basis for legitimacy for the legality of same-sex marriage. Law Number 1 of 1974 concerning Marriage regulates that marriage is carried out by a man and a woman as husband and wife. Viewed from the perspective of Hindu law, the Manawa Dhramasastra states that marriage is carried out by a man and a woman to produce offspring.

The Outer Space Regime of Property Rights through the Lens of the Third World: Towards a Copernican Revolution from Anthropocentrism to Cosmocentrism

As the scarcity of resources on Earth becomes more evident, the financial promise of space mining has recently fostered interests among both private and public actors, raising the issue of property rights in outer space. This article considers this subject matter through the prism of Third World Approaches to International Law and aims to uncover the extent to which a logic of domination currently underpins space exploration. It shows that International Space Law has historically served as an experimenting field for legal concepts that challenge the traditional logic of international law. However, conventional power dynamics have regained control, undermining the original equitable potential of the international legal framework governing property in outer space. This is also evidenced by the rhetoric of space exploration, which tacitly implies Western primacy in resource extraction and marginalises the history of the Third World. Against this backdrop, this paper calls for a new legal regime balancing the needs of the Third World with the investment of spacefaring countries and for a redefinition of space sustainability. This would entail a Copernican Revolution regarding our approach to space exploration – shifting from anthropocentrism to cosmocentrism.

Crossing the Threshold with Apples, Potatoes, and Limes

The Grocer’s Dilemma is a legal writing (and thinking) assignment that can help undergraduate students interested in law school as well as first-year law students beginning their legal study better understand how legal rules are not fixed but are instead malleable—uncertain, flexible, and somewhat indeterminate. It asks students to consider, based on a grocer’s preference, where to place produce inside a grocery store. In this process, students must consider “precedents”—other produce—that contribute to the rule. Those precedents, however, do not have a fixed meaning. Instead, their meaning is malleable. Malleability is a threshold concept in the law. As such, when students become aware of and more comfortable with the concept of malleability, they can begin moving through the liminality of legal education and begin their journey across the threshold between legal novice and lawyer-expert. The Grocer’s Dilemma assignment focuses students on a nonlegal context for examining malleability, making it easier for students to focus on the complexities of reasoning about a malleable rule rather than the legal rules themselves.

Breaking the Rules

“Breaking the Rules” is a legal research and writing assignment that I crafted for students completing their first year of law school. The assignment honors new students’ desire for skills that will allow them to effectively challenge the status quo of settled but discriminatory legal rules. Part I of this article is an essay that contextualizes and explains the assignment; Part II provides the assignment itself.

THE ABSOLUTE BURDEN ON THE WHOLE INDIVIDUAL

In this research, a study of an important sub-fundamentalism issue, from semantics issues, it (the absolute burden on the complete individual), The books of the assets were not dealt with in detail. No one assigned it to an independent study. It has a significant impact on understanding religious texts and has been a cause of disagreement among jurists in deducing many legal rulings. In this research, I spoke about the meaning of the absolute and the restricted, what is meant by the complete individual and what are the doctrines of the fundamentalists in this matter. Then it showed five issues of jurisprudence on which scholars differed. Their disagreement on this issue of fundamentalism was a reason for their disagreement in these subsidiary issues. Key words: the absolute –individual whole- burden - indication- pronunciation

Discretionary Administrative Acts in Judicial Practice: Comparative Legal Analysis

When administrative authorities exercise discretion, they have a kind of freedom to choose one decision. Such freedom however has never been complete due to the fact that laws have limited it. Thus, courts are often faced with the problem of assessing the legality of such decisions. The article has presented the criteria for such the assessment. However, this article demonstrates decisions from different countries. Since their judicial reasoning is largely similar, such judgments can be compared with each other. Similar reasoning also allows to formulate the foundation of a “general theory of administrative discretion”. This foundation is the same for many legal systems, but each contains distinctive features of this theory. Among the evaluation criteria, compliance with legal rules, (legality), achievement of governance goals, compliance with procedural requirements, as well as material grounds are highlighted. To evaluate discretionary acts, courts must use legal techniques. Authorities sometimes published “reference solutions” that can serve as guidelines for administrative authorities who are forced to exercise their discretion.

“The right to die”? On voluntary retirement and related obligations of the state. A study based on the law enforcement practice of the Highest Courts of Germany and the ECHR

The article examines the problems of the “right to death” – a constitutional and legal guarantee that recognizes the right of a person to end his own life at his discretion. This issue was initially considered as a downside, a kind of negative dimension of the right to life (Part 2 of Article 2 of the Basic Law of Germany). However, the focus has changed over time; the discussion is currently being conducted in the context of the right to personal self-determination. Within the framework of this article, the analysis is carried out on the basis of the law enforcement practice of the highest courts of Germany and the European Court of Human Rights. The point of contact of the German courts can be considered the recognition of the right to voluntary retirement as an act of individual self-expression, the realization of personal choice. The legal structure of the right to personal self-determination presupposes the establishment of a close connection between the right to general freedom of action (Part 1 of Article 2 of the Basic Law of the Federal Republic of Germany) and the guarantee of human dignity in accordance with Part 1 of Article 1 of the Basic Law of the Federal Republic of Germany. At the same time, the counterargument is not considered convincing, according to which the recognition of the “right to death” entails the impossibility of further personal self-realization and therefore contradicts the “life-affirming” spirit of the Basic Law, expressed, in particular, in part 2 of Article 2, since the very realization of the desire to end life is considered as an act of self-realization, which falls under constitutional protection. This constitutional and legal concept, developed by the Constitutional Court of the Federal Republic of Germany, is shared by the rest of the highest judicial instances of Germany, which complement it, in particular, by establishing state obligations to assist persons who wish to voluntarily end their own lives. The European Court of Human Rights has not yet had the opportunity to express its position on this issue, however, trends in the development of its law enforcement practice indicate that it is likely sooner or later to join the legal line of the German courts. The author identifies the argumentative shortcomings of the fundamental prerequisites for justifying the right to voluntary retirement, demonstrating not only their internal inconsistency, but also the inadmissibility of the consequences that state support for suicidal aspirations of citizens will lead to.

Analisis Putusan Nomor 02/Pid.Sus Anak/2022/PN Crp Tentang Tindak Pidana Narkotika Pada Anak

Legal infractions pertaining to children in our day of modernity, include instances where children are the offenders, witnesses, or victims of the law. The criminal law pertaining to drugs is one of the laws that is most frequently broken. The author of this study employs a normative juridical approach technique, first doing literature research before examining and evaluating how legal norms—which ought to be applied in conformity with legal rules—are applied. As mentioned in Law Number 35 of 2009 concerning Narcotics, which governs criminal penalties to act as a disincentive to those who misuse and trade in illegal narcotics and their precursors. Observing and analyzing the law as well as theoretical issues pertaining to legal principles, legal history, and legal comparisons that address the application of the law against minors who commit drug-related crimes and legal considerations surrounding decision Number 00/Pid. Sus-anak/2022/PN Crp regarding drug-related crimes against minors are the methods used in the normative juridical approach. The Curup District Court's ruling in case number 00/Pid.Sus Anak/2022/PN/Crp, which dealt with drug misuse in children, was the subject of the author's investigation in this study.

Open Legal Primaries in Chile: Reflections Ten (Turbulent and Convulsive) Years after Their Formal Enactment

Objective/context: This paper examines the open legal primary rule in Chile for the selection of the presidential candidate, established in 2012 through Law 20640. This rule contains elements shared with similar legislation in the region as well as specific characteristics. Methodology: Through a case study, we will investigate the results and consequences of the application of primaries on the three occasions they were implemented (2013, 2017, and 2021). We will review the formal changes adopted and the political events that occurred in the interim, considering the main variables that typically intervene in electoral events of this nature, drawn from the existing debate and literature. Conclusions: The case of Chile shows that the combination of an open legal primary system with voluntary internal voting, incomplete simultaneity, and the absence of stable political groupings produces effects that do not align with either the general aspirations for the implementation of primaries or the theoretical purposes outlined by the ideologists of Chilean legislation. Originality: This study contributes to the emerging literature addressing open legal primaries in their dual aspect, both as a nomination mechanism and as an electoral rule.

Pengaturan Tata Hukum di Indonesia Kalau di Tinjau dari Kondisi Kekinian

An important part of Indonesian constitutional law is the development of state law. This article discusses the development of the legal system, especially the constitution, laws, statutory regulations, statutory regulations and regional regulations. In this case, it is important to examine how public institutions such as the government, DPR, and judiciary are involved in making, implementing, and enforcing laws. Teksini uses legal methods and library research strategies in his research, namely legal research which focuses on legal principles, including agreements, statutes, principles, norms and rules. The constitution is a list of articles governing the general organization of the state, functions, business and administration of public institutions, the territory of the state, the situation of local communities and human rights. We can not only understand what the Constitution is, but also what it teaches. One thing we can learn from constitutions is that diifferent ideas and methods are used from one country to another in implementing the constitution. Understanding changes in laws and regulations can help identify trends, issues, and reforms that can strengthen Indonesia's legal system. Apart from that, the constitution has many functions. One of its goals is to increase our citizens' interest in the Constitution by encouraging them to read the Constitution. The main goal is to increase public awareness of the Constitution.

The Age of Establishment of the Company after the Enactment of the Job Creation Law

This study examines the conflict of age proficiency norms related to the establishment of the company since the post-enactment of the job creation law. As is known, the establishment of an individual company according to Article 6 paragraph (2) letter A of Government Regulation Number 8 of 2021 can be carried out by Indonesian citizens who are 17 years old and legally competent. The age of establishment of the individual company is clearly not in sync with the age of proficiency norms in the Civil Code. The problem will occur if later the individual company is converted into a Limited Liability Company while the age of its founder has not reached 21 years, while converting an individual company into a Limited Liability Company must be done through an agreement. The research method is carried out in a normative manner, with the approach of legislation, Court decisions, legal concepts and comparisons, using legal materials and analyzed and interpreted comprehensively. The results of this study proficiency in establishing the company the author chose the ideal concept only option. Some countries use the 18-year-old adult age benchmark in some laws using the 18-year-old size and some experts agree that the 18-year-old adult size is thus the size of an 18-year-old adult is an appropriate size for the skills of people related to establishing a company

On the Civil Legal Issues of ‘Haunted House’ Sales Contract - Take Peng Qian et al. and Chen Yuanhui et al. House Sales Contract Dispute Case as an Example

As a vital transaction in daily life, house sale is not only related to the property rights and interests of buyers and sellers, but also carries the peace and happiness of the family. However, when the target house of the transaction is labeled as a ‘haunted house’ -that is, there have been incidents such as suicide and homicide in the house, it often causes the buyers and sellers to fall into deep disputes and troubles. ‘Haunted house’ is not a legal concept, but it carries deep folk traditional concepts and psychological shadows, which has a significant impact on the purchaser’s willingness to live and the market value of the house. The research on the civil legal disputes of the sale contract of ‘haunted house’ is inevitable and necessary in practice. Taking Peng Qian et al. and Chen Yuanhui’s housing sales contract dispute as an example, this paper discusses the civil legal issues in the ‘haunted house’ sales contract, and clarifies the definition of ‘haunted house’ and its legal attributes as a defect of the object in combination with the research status at home and abroad, relevant legal provisions and scholars' views. At the same time, it is of practical significance to analyze the relief ways that victims can take in combination with the information disclosure obligations of sellers and intermediaries. FundingThis research was funded by Guangdong Province Science and Technology Innovation Strategy Special Fund ( College Students ' Science and Technology Innovation and Innovation Cultivation ), grant number Pdjh2024a073 and South China Agricultural University 2024 College Students ' Innovative Training Program Project, grant number S202410564128.

Liminal legality and the construction of belonging: aspirations of Eritrean and Ethiopian migrants in Khartoum

ABSTRACT In this paper, I analyse forms of belonging and un-belonging created in a situation of permanent liminal legality in one’s place of residence. The concept of liminal legality zooms in on spaces of social existence in everyday lives in a context of legal ambiguity. The focus of the paper is Eritrean and Ethiopian migrant communities who resided in the Sudanese capital Khartoum in 2021. The majority had lived in Khartoum for decades, or were even born there, but remain without any hope for full legal status or citizenship in Khartoum. Based on 30 in-depth interviews with Eritrean and Ethiopian migrants, I analyse the complex and ambiguous forms of belonging and un-belonging this liminal legality produces, and how aspirations are created and shaped by it. I argue that in certain aspects of everyday life, liminal legality does not hinder a social existence as quasi-citizens of Khartoum. At the same time, important aspirations are being curtailed by liminal legality. This creates forms of un-belonging that undermine social existence. I conclude that migrants are subject to the enduring power of the nation-state in defining who belongs and who is excluded.

Persecuted Colonial Gambia Chiefs

Through qualitative analysis, the paper examines the soured relationship between Gambian chiefs and their colonial masters against the backdrop of the legal implications of the disciplinary actions the latter meted out to the former. The article commenced with the theme, before addressing the legal concept of due process, which ensures fairness in the dispensation of justice. By disregarding normal standard legal procedures, the provisions of Magna Carter, and legal precedence, the colonial administrators inflicted draconian punishments on chiefs who dared think outside the box. From archival materials, colonial correspondences, and learned journal publications, the paper advanced explanations for the highhandedness of the colonialists, which degenerated into residency restrictions imposed on the chiefs. The absence of separation of administrative powers, caused by an acute shortage of European personnel, resulted in a situation whereby colonial rule in The Gambia amounted to a situation through which rule of man took precedence over the rule of law. The compelling approach resulting from the lack of collaboration among the chiefs and the colonial administrators fomented discord. The case laws cited in the paper indicate that colonialism in The Gambia remained a case of the strong exerting control over the weak, who had no option but to put up with the inevitable consequences of colonial rule. From different learned sources, instances of banishments in history and how the ancient practice was applied to The Gambia received attention with the aim of elucidating how the colonial administrators adopted legal standards which compromised fair play. With primary materials derived from The Gambia National Archive, instances of chiefs who were at loggerheads with the European colonialists was addressed hence, the objective of the paper is to ascertain the causes and nature of the soured relationship. The findings revealed why the local administrators grappled with situations that were at variance with the normal state of affairs in England. This partly account for the seemingly unorthodox tactics adopted while looking into a number of issues. Consequently, the activities of overseas colonial administrators were glossed over by the colonial office and British parliament as Gambians were perceived to be a people in need of civilization. Therefore, replicating the conditions in England in a frontier territory as The Gambıa will be tantamount to an exercise in futility, as they felt that they should be on higher rungs of the civilization ladder before they could comprehend European conditions. Why the situations obtaining in England are not applied hook line and sinker in the frontier territory was demonstrated. The chequered relationships from the perspectives of both parties was analysed leading to the concluding remarks emphasizing the overbearing approach of the colonialists caused by the lack of cooperation resulted in a bone of contention. This caused the standard of justice to depended on the equality of power to compel; and the strong did what they had the power to do while the weak accepted what was inevitable.

Capitalising on Uncertainty: Exploring the Failure of International Law to Address the Risk Generated by the Proliferation of Space Debris

Abstract The increase in the number of space activities in recent decades has led to a concomitant increase in space debris in orbit around Earth. Space debris pose a risk not just for specific satellites, but also on a systemic level, as a collision cascade can result in the near-Earth orbits becoming unusable. In turn, this would entail a loss of the services currently provided through satellites. The international community has recognised this risk. Despite this, states are reluctant to negotiate and conclude international legal rules to address the proliferation of space debris. This article explores a root cause of this discrepancy. It argues that while law is typically seen as the regulator of uncertainty, international law’s regulation of outer space – under the interests of global capital investors – is directed by principles that support processes of commodification (i.e., the freedom of use), rather than principles that manage the risks associated with the proliferation of space debris as these would constrain (or are perceived to constrain) the expansion of capital (e.g., the precautionary principle). Therefore, international law – at the level of principles – is a co-producer of uncertainty. This conclusion is reached by exploring the proliferation of space debris through Ulrich Beck’s world risk society and by incorporating capital and economic power into his work. This inclusion reveals (i) that it is the accumulation of capital that generates risks and (ii) that capital exploits the socially constructed nature of risk to legitimise its expansion. International law – as both a regulator and co-producer of uncertainty – plays an essential role in legitimising these processes.

Legal concept of “intellectual property”: Theoretical issues

Based on the provisions of international legal acts and norms of national legislation, the authors analyze the definition of the concept of “intellectual property”. The conceptual approaches of some Russian researchers to the understanding of this definition are considered. It is revealed that the modern content of the term “intellectual property” raises questions, and the attitude to it on the part of representatives of the scientific community is seen ambiguous. The institute of intellectual property has overcome a huge historical path. In turn, today its structure is generally logical and open to the changes occurring in society, unified in accordance with the main provisions of existing international treaties. At the same time, the institute of intellectual property develops with the growth of scientific and technological progress of this or that society, as well as the system of integrative ties between interested countries, which means that research in this area should and will continue.