Legal Considerations Research Articles

Analisis Dampak Adanya Dissenting Opinion Hakim Terhadap Perkara Perdata

The justice system faces challenges when dealing with different opinions in a case, especially when there is a minority or dissenting opinion. This phenomenon is fascinating in the context of the Denden Verzet case, especially in case No.12/Pdt.Bth/2020/PN.Kla Jo.78/PDT/2020/PT.TJK. Therefore, this research aims to analyze the dissenting opinion in-depth in case No.12/Pdt.Bth/2020/PN.Kla Jo.78/PDT/2020/PT.TJK, to understand the decision in civil case No.12/Pdt.Bth/2020/PN.Kla who has a dissenting opinion and its impact on the legal decision. The type of research used is normative legal research, namely legal research regarding the actual application or implementation of normative provisions in every particular legal event in society. The type of research is descriptive, which is to explain or describe clearly and in detail regarding the clarity and implementation of a regulation. After conducting research, it was found that dissenting opinions can significantly impact civil case decisions. First of all, the existence of a dissenting opinion can raise doubts about the legal strength of the decision. The parties who lose the case can use the dissenting opinion as a basis for filing an appeal or cassation, arguing that the majority decision does not fully comply with applicable legal principles. This can prolong the legal process and increase legal uncertainty for the parties involved. This is evidenced by the change from the decision of the CourtCourt of First Instance to the decision of the Court of Appeal, where the legal considerations at the appellate level are the same as the thoughts of the Dissenting opinion of the judge of the Court of first instance because according to the High Court the Disputants have proven the arguments of their rebuttal in the main case, namely has fulfilled the requirements to be declared a correct Objector so that the objection in the leading case must be granted.

PEMBERIAN HAK ASUH BERSAMA DALAM PENYELESAIAN SENGKETA HAK ASUH ANAK DI INDONESIA: PERSPEKTIF MASLAHAH MURSALAH

In general, looking at the various existing regulations and practices in court decisions, child custody law in Indonesia still provides sole custody in resolving child custody disputes. However, in recent years, several judges have begun to establish joint custody in child custody disputes. The main data in this study is in the form of five Religious Court rulings on joint child custody. The purpose of this study is to reveal the judge's legal considerations in determining joint custody and in what cases child custody should be applied from the perspective of maslahah mursalah. This research uses qualitative methods with a normative juridical approach. The result of this study is that the judge's consideration in determining joint custody is not based on the KHI, but based on the best interests of the child which is the judge's interpretation of Article 14 paragraph (1) of Law Number 35 of 2014 concerning Child Protection. Before determining child custody, the judge must first look at the track record of both parents, if both are good in nature and have the ability to take care of children, then the judge can consider determining child custody together. If one parent behaves badly and does not have the ability to care for the child, then it is better to establish sole custody solely in the best interest of the child based on the maslahah mursalah.

Ratio Decidendi Penjatuhan Putusan Bebas (VRIJSPRAAK) Dalam Pemalsuan Akta Otentik Oleh Notaris: Studi Putusan Nomor: 1216/Pid.B/2019/PN Jkt.Tim

Corruption is an extraordinary crime that causes state losses. Corruption is not only committed by individuals, but also by corporations. Problems that often arise in criminal acts of corruption committed by corporations are related to procedural law, especially related to proving corporate wrongdoing. In this regard, the author is interested in analyzing the evidence related to corruption committed by corporations in Decision No. 81/Pid.Sus/Tipikor/2018/PN.Jkt.Pst. This study discusses the problem of proving corruption committed by corporations and the judge's legal considerations in imposing a sentence on the Defendant. This study uses a normative juridical approach withresearch specifications prescriptive. This study also uses secondary data obtained through literature and documentaries and described systematically. The results of the study indicate that the criminal acts of corruption committed by corporations in Decision Number: 81/Pid.Sus/Tipikor/2018/PN.Jkt. evidenced by the suitability of evidence in the form of witness statements, expert statements, letters and statements from the defendant which proves that the defendant has fulfilled all the elements in the First Indictment, so that it has met the minimum limit of evidence, namely at least two valid pieces of evidence, the judge's conviction is obtained. that the defendant PT NKE was guilty of a criminal act of corruption. The basis for the judge's legal considerations is by taking into account the elements of the Articles of the First Indictment that have been fulfilled, namely by fulfilling the minimum limit of evidence and obtaining the judge's conviction, for which the Panel of Judges imposes a criminal sentence in the form of a principal penalty in the form of a fine and additional punishment in the form of payment of replacement money and the revocation of the defendant's rights to participate in the auction of government goods/services procurement.

The human health burden of climate change: Non-economic losses and ethical considerations towards achieving planetary health

Climate change presents an urgent and growing threat to the health and well-being of people and the planet. More frequent and intense heatwaves, droughts and floods are breaching critical ecosystem boundaries, causing cascading impacts that are increasingly complex to govern. Unsustainable development pathways and economic choices that are fueling the climate crisis are also directly engendering global health issues. Furthermore, the global response to climate change has been uneven and the lack of a conceptual framework for loss and damage has allowed developed countries the latitude to adopt differing takes on its framing, undermining the urgency and progression of the loss and damage mechanism to the detriment of developing countries. Current research on the governance of climate ethics posits that while economic and legal considerations largely influence climate policies, decision-making processes in climate adjacent sectors such as health need to be further grounded on ethically sound principles. Framing the health impacts of climate change as a moral issue can therefore be viewed as an effort to reshape the current political discourse with a humanistic lens and move the international community and state-level actors to action. The framing of this issue is particularly important as it recenters the focus on human health as an imperative for effective climate policies rather than as a contributor to the cache of peripheral co-benefits. It also underscores climate change as an ethical issue, in which failure to respond to the climate impacts can worsen health inequities, especially for socially and economically marginalized communities and vulnerable groups.

Juridical Implications of Judges Decisions with Incorrect Legal Considerations (Analysis of Decision Number: 802/Pdt.G/2019/Pa.Pwt)

Juridical Implications of Judges Decisions with Incorrect Legal Considerations (Analysis of Decision Number: 802/Pdt.G/2019/Pa.Pwt)

The Inflammatory Bowel Disease Middle East Registry: Challenges Faced, and Lessons Learned from Setting Up a Multi-Country Patient Registry

The burden of inflammatory bowel disease is rising globally, including in the Middle East. There is a paucity of real-world data related to the disease and its treatment in many countries in this region. Patient registries can provide real-world evidence of disease incidence and aetiology, treatment and patient outcomes. The authors designed a non-interventional, multicentre registry to evaluate treatment pathways, resource consumption, and clinical outcomes of patients with inflammatory bowel disease in the Middle East. This article describes challenges faced, and lessons learned from setting up the registry. Registry development requires time, effort, expertise, and skills development to be functional and meet international standards. Careful consideration of legal, governance, ethical and financial issues; data protection and control, minimum data set, data quality assurance, data collection methods, inclusion criteria as well as data sources is critical to the development process. Our findings present stakeholders with a guide for the development and implementation of future registries in the Middle East and offer valuable lessons learned that other countries or regions can utilise as they address inflammatory bowel disease burden and establish their own registries.

American Society of Transplant Surgeons Normothermic Regional Perfusion Standards: Ethical, Legal, and Operational Conformance.

The American Society of Transplant Surgeons convened a multidisciplinary working group to address operational, ethical, and legal considerations surrounding normothermic regional perfusion (NRP) procurement. The working group, comprising members from American Society of Transplant Surgeons and AST across various disciplines including transplant surgery, hepatology, critical care, and bioethics, collaborated to formulate recommendations and guidance for NRP procurement. The following topics were identified by the group as essential standards that need to be addressed for ethical, legal, and operational conformance: terminology; conceptualization of death in the context of NRP; and communication, logistics, and training and competency. Fourteen recommendations that support the ethical and legal acceptability of NRP in the United States and set expectations for the conduct of NRP procedures are provided.

Investigation of nonclinical toxicity of cosmetic nail gel in Caenrohabditis elegans model

The study investigates the non-clinical toxicity of a cosmetic nail gel using the nematode model Caenorhabditis elegans. The research was motivated by the need for alternative methods to vertebrate animal testing due to ethical and legal considerations. The main objective was to evaluate the influence of cosmetic gel ingredients on the nematodes' behavioral and viability parameters. The N2 Bristol strain of C. elegans was used, exposed to different gel formulations. The methodology included analysis of egg hatching and L4 larval motility, comparing control and treated groups. The results showed no significant difference in egg hatching between groups, indicating that the gel components are not toxic to nematode reproduction. However, a decrease in the motility of L4 larvae exposed to the gel was observed, suggesting possible behavioral interference. The research concludes that while the formulation did not affect reproductive viability, the influence on motility requires further investigation to understand the nature of these behavioral changes. These findings underscore the relevance of using C. elegans as an alternative model for cosmetic safety evaluation.

Kompetensi Pengadilan Agama Memfasakh Perkawinan atas Dasar Peralihan Agama

Cancellation or fasakh of marriage due to religious conversion is not included in the family cancellation of marriage as part of the competence of the Religious Courts, but it is implemented through divorce institutions, giving rise to disparities in decisions between fasakh, talak bain and talak raj'i permission. The author found two Supreme Court decisions that canceled and corrected the decisions of two High Religious Courts that canceled a marriage because it was proven that one of the husband and wife had a religious conversion. The Supreme Court is of the opinion that the permit to impose talak raj'i is more appropriate on the grounds according to the posita and petitum of the petition. The Supreme Court consistently applies this rule in its two decisions, but the author finds eleven decisions of the Religious Courts in the following years still impose fasakh if it is proven that one of the married couples is an apostate (out of Islam), even though it is not used as an excuse for divorce and is not requested by the party in the petitum. In this article, the author will examine the legal considerations of eleven Religious Court decisions using an explanatory method and presented qualitatively. The results of the author's study show that the judge's consideration is influenced by the judge's perception of the application of the ultra petita principle with the principle of ex aequo et bono, the judge's perception of the adjudication of fiqh schools and the judge's perception of the independence of judges and compliance with jurisdiction.

Normative Examination of The Considerations of Pre-Trial Judge on Distortion of The Value of The Instruments of Evidence (Case Study of Pretrial Decission Number 5/Pid. Pre/2018/PN BTM At the Batam District Court)

<p>The formal administrative examination in pretrial is a mandate from PERMA Number 4 of 2016 which also contains a prohibition so that judges do not intervene the case material, but currently there is a pretrial decission No. 5/Pid. Pre/2018/PN BTM which cancels the determination of the suspect with the consideration that the evidence for the determination of the suspect has been distorted by the investigation period which is considered too long, from this decission it is necessary to analyze the construction flow of the judge's legal considerations and normative juridical examination as well as the legal consequences of the decission against the investigator. This research used descriptive analytical method using a normative approach (legal research) to obtain secondary data and an empirical approach (juridical sociological) to obtain primary data through observation (observation). The results of the study showed that pretrial judges form a new legal method regarding the distorted value of evidence based on the period of investigation in which this consideration was no longer on the assessment of formal aspects, from this decission Investigators if they want to re-determine someone as a suspect must use two different pieces of new evidence. For this reason, the Supreme Court is expected to establish special rules regarding mechanisms and clear boundaries for pretrial judges in establishing the rule of law, besides that a clear definition of deviant and/or fundamentally deviant decissions is needed and the annulling mechanism to anticipate legal smuggling.</p>

The Role of Technology in the Digital Economy’s Sustainable Development of Hainan Free Trade Port and Genetic Testing: Cloud Computing and Digital Law

In an era of swift technical advancement, the confluence of digital technology, security, and the digital economy bears substantial implications. This research aims to investigate the complex interplay among patient rights, genetic testing, and cloud computing, with a particular emphasis on the legal contexts that govern these fields. Individuals must possess the ability to properly interact with health-related information and understand the economic components of digital platforms. Genetic testing and cloud computing are two areas where these literacies overlap, presenting distinct difficulties and opportunities. Legal considerations cover a wide range of issues, from data privacy and security to regulatory compliance and intellectual property rights. There are also implications for long-term economic growth, particularly in the area of health and well-being. A special economic zone exists at the Hainan Free Trade Port. In addition, this research explores how digital technologies may improve healthcare while considering the security precautions and ethical issues that must be taken to promote sustainable development through genetic testing. It also looks at how genetic data can be used to provide individualized economic outcomes and the roles that artificial intelligence and privacy play in these intertwined domains. The emergence of Web 2.0 has brought about a significant transformation in the digital realm, enabling individuals, businesses, and communities to leverage cutting-edge technologies for benefits in the social, economic, and environmental spheres, and advance sustainable progress. This study examines the opportunities and challenges presented and offers insights into the development of strong legal frameworks and moral standards, as well as the responsible application of these innovations for the benefit of society as a whole. This research will highlight how crucial it is to foster a more sustainable future through digital inclusivity, cooperative problem-solving, data-driven decision-making, and worldwide sustainable practices.

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.

Innovation dynamics in BRICS economies investigated by artificial intelligence (AI)

This study aims to address the existing knowledge gap regarding the specific impact of artificial intelligence (AI) on patent research and emphasize its strategic significance as a catalyst for innovation. The methodology employs a comprehensive approach, integrating both qualitative and quantitative research methods. It systematically investigates the transformative potential of AI in patent research within the BRICS nations, including an examination of the technological, ethical, and legal challenges associated with AI’s application in patent analysis. This research contributes to the field by extending beyond the conventional focus on the role of patents in innovation and shedding light on the potential of AI in patent research. It offers valuable insights into how AI can redefine the landscape of patent research, providing a more rapid and accurate perspective on the identification of technological trends, opportunities, and competitive factors. The findings underscore that AI in patent research yields numerous advantages, ranging from efficient data processing to the forecasting of technological trends. Future studies should explore ethical and legal considerations associated with AI in patent research, as well as its implementation in the strategies of both corporate entities and governmental bodies in the BRICS nations.

Legal considerations regarding the blood transfusion refusal in cases of minor patients

(1) Background: This study examines the issue of malpractice accusations related to medical procedures in case of minor patients belonging to specific religious sects, focusing on both legal and ethical perspectives. The analysis particularly addresses the consequences of disregarding the refusal of legal guardians to consent to blood transfusions. (2) Methods: The present study is analyzing the opinion of doctors that practie in various hospital units regarding a series of aspects related to the refusal of blood transfusions in the case of minor patients who belong to certain religious sect. These aspects mainly targeted their level of awareness regarding the relevant legislation, the incidence rate of such cases in practice, and the risk of malpractice accusations. For this observational-prospective study, a questionnaire consisting of ten closed-ended questions was delivered to fifty doctors. Before starting to complete the questionnaire, the doctors were asked for their consent to participate in the study, being informed about its purpose. Doctors answers were analysed and interpredeted in order to revel if doctors are informed about the legal aspects, thei protection offered by the law and their attitude regarding the boold transfusions for this cathegory of patients. (3) Results: The results of this study show that most doctors are aware of the Romanian legislation regarding the rules on the expression of consent to the medical act in the case of minor patients by the latter's legal representatives, but they feel threatened by the danger of being exposed to accusations of malpractice when they are put in the situation of providing medical care to minor patients who belong to a certain religious cult, because they are faced with the vehement refusal of their family members who do not accept the idea of medicine based on blood transfusions. Although there is this rule from which the legal representatives of minor patients belonging to a particular religious cult do not deviate, the results showed that doctors believe that the best interests of those seeking medical services must be emphasised, prioritising the fundamental values that protect life or health. (4) Conclusions: Protecting the best interest of minor patients by prioritizing their health should be the main guideline for any legal representative when they need to make a decision regarding the medical care. From a legal perspective, however, it must be accepted that there is no unified viewpoint on this extremely delicate and complex issue, with voices condemning the physician's attitude of violating the will of the legal representatives of minor patients, adherents of a certain religious sect, by applying blood transfusion-based treatments.

Analysis of the possibility of increasing the tree cover of road lanes in old-town zones – legal considerations

W artykule przedstawiono analizę oraz identyfikację przeszkód i możliwości związanych z zadrzewieniem pasa drogowego w obszarach staromiejskich dróg publicznych. Dotyczy to zagadnień takich jak istniejące przepisy prawa związane z zadrzewieniem dróg, ewentualne ograniczenia prawne czy administracyjne, a także potencjalne korzyści i wyzwania związane z zazielenianiem, w kontekście utrzymania zabytkowych obszarów miejskich. Analiza prawna obejmuje również ocenę, czy istniejące regulacje są wystarczające w odniesieniu do zadrzewienia pasa drogowego, czy też konieczne są zmiany prawne mające ułatwić wprowadzanie takich rozwiązań. Przeanalizowano usytuowanie drzew w pasach drogowych w wielu krajach. Analizę szczegółową przeprowadzono na przykładzie polskiego miasta średniej wielkości – Płocka. W związku z tym, że w wypadku stref staromiejskich istnieje potrzeba zachowania równowagi między ochroną dziedzictwa kulturowego a dostosowywaniem do współczesnych potrzeb, w tym „zielonego planowania miejskiego”, poniższe opracowanie oraz rekomendacje zmian przepisów mogą pomóc we wdrożeniu kolejnych kroków mających na celu zwiększenie zadrzewienia przy zapewnieniu pełnego bezpieczeństwa uczestnikom ruchu i uwzględnieniu unikalnych cech obszarów staromiejskich.

Evolving and Novel Applications of Artificial Intelligence in Thoracic Imaging.

The advent of artificial intelligence (AI) is revolutionizing medicine, particularly radiology. With the development of newer models, AI applications are demonstrating improved performance and versatile utility in the clinical setting. Thoracic imaging is an area of profound interest, given the prevalence of chest imaging and the significant health implications of thoracic diseases. This review aims to highlight the promising applications of AI within thoracic imaging. It examines the role of AI, including its contributions to improving diagnostic evaluation and interpretation, enhancing workflow, and aiding in invasive procedures. Next, it further highlights the current challenges and limitations faced by AI, such as the necessity of 'big data', ethical and legal considerations, and bias in representation. Lastly, it explores the potential directions for the application of AI in thoracic radiology.

Pertimbangan Hakim dalam Pemidanaan Pelaku Tindak Pidana Pengedaran Mata Uang Palsu

The purpose of this research is first to find out how the criminal responsibility of the perpetrators of the crime of circulating counterfeit currency is? and secondly, what are the judges' legal considerations in deciding cases of criminal acts of circulating counterfeit currency? In order to answer these problems, normative juridical and empirical juridical approaches are used. Data collection was carried out by means of literature and field studies, then the data were analyzed qualitatively. Based on the results of the research and discussion it was concluded that the defendant's form of criminal responsibility against the defendant Hendi Setio who was proven to have committed the crime of counterfeiting currency was imprisonment for 2 years and 6 months and a fine of IDR 100,000,000. In deciding the case the judge has considered the juridical, sociological, and philosophical aspects. Based on these conclusions, it is hoped and suggested that socialization or counseling be carried out on the characteristics of genuine rupiah currency to the public so that it is hoped that the circulation of counterfeit money will decrease. In addition, the judge in imposing a sentence must always pay attention to the purpose of punishment by fulfilling a sense of justice for both the convict, the victim and the wider community.

Incorporation of artificial intelligence into nursing research: A scoping review.

The integration of artificial intelligence (AI) across different sectors, notably healthcare, is on the rise. However, a thorough exploration of AI's incorporation into nursing research, as well as its advantages and obstacles, is still lacking. The aim of this scoping review was to map the roles, benefits, challenges, and potentials for the future development and use of AI in the context of nursing research. An exhaustive search was conducted across seven databases: MEDLINE, PsycINFO, SCOPUS, Web of Science, CINAHL, Google Scholar, and ProQuest. Articles were additionally identified through manual examination of reference lists of the articles that were included in the study. The search criteria were restricted to articles published in English between 2010 and 2023. The Joanna Briggs Institute (JBI) approach for scoping reviews and the PRISMA-ScR guidelines guided the processes of source selection, data extraction, and data presentation. Twenty articles met the inclusion criteria, covering topics from ethical considerations to methodological issues and AI's capabilities in data analysis and predictive modeling. The review identified both the potentials and complexities of integrating AI into nursing research. Ethical and legal considerations warrant a coordinated approach from multiple stakeholders. The findings emphasized AI's potential to revolutionize nursing research, underscoring the need for ethical guidelines, equitable access, and AI literacy training to ensure its responsible and inclusive use.

Role of Social Media Influencers in Brand Management in Indonesia

Purpose: The aim of the study was to examine the Role of Social Media Influencers in Brand Management in Indonesia. Methodology: This study adopted a desk methodology. A desk study research design is commonly known as secondary data collection. This is basically collecting data from existing resources preferably because of its low cost advantage as compared to a field research. Our current study looked into already published studies and reports as the data was easily accessed through online journals and libraries. Findings: The role of social media influencers in brand management in Indonesia has become increasingly significant, reshaping how brands connect with their target audiences and build their market presence. Influencers, with their substantial followings and authentic engagement, have emerged as powerful intermediaries between brands and consumers, effectively amplifying brand messages and enhancing brand visibility. By leveraging the trust and relatability that influencers command, brands in Indonesia have successfully tapped into niche markets, driving higher engagement rates and fostering stronger consumer loyalty. Influencers' ability to create compelling, personalized content allows brands to convey their values and narratives in a more relatable and impactful manner, resonating deeply with diverse consumer segments. Unique Contribution to Theory, Practice and Policy: Social Influence Theory, Source Credibility Theory & the Elaboration Likelihood Model (ELM) may be used to anchor future studies on Role of Social Media Influencers in Brand Management in Indonesia. Brands should prioritize authenticity and transparency in their influencer partnerships to build trust and credibility with consumers. Encouraging influencers to disclose sponsored content and maintain genuine relationships with their followers enhances brand authenticity and fosters long-term brand-consumer relationships. While macro-influencers may have larger followings, micro-influencers often offer higher engagement rates and niche audience targeting. Brands should consider partnering with micro-influencers who align with their brand values and target demographics to maximize the impact of influencer marketing campaigns. Governments and organizations should invest in influencer education programs to equip influencers with the necessary skills and knowledge to navigate ethical and legal considerations in their content creation and brand partnerships. Providing influencers with guidance on best practices and compliance standards promotes responsible influencer marketing practices and enhances the overall integrity of the industry.

The Shia-Sunni Adhān: A Call to Defending Sectarian Craving for Islamic Authority

The formulation of azan (call to prayer) has been the subject of endless contestation between Shia and Sunni Muslims. It covers the issue of its authentic origin, phrase variations, and underlying arguments. It said that the debate is based not only on legal considerations but also on the perceived historical background with regard to the origins of the call to prayer and the theological implications regarding sahih hadith as an authoritative Islamic reference. The article offers theoretical significance for understanding sectarian discourse and practical insights that go beyond conflict and foster harmony and peace in Shia-Sunni relations by employing a multi-step methodology to investigate the discourse of disagreement in the formulation of adhān phrases within the Shia-Sunni context and its implications for Islamic authority. It begins with establishing a theoretical framework to comprehend sectarian variations, followed by a thorough literature review incorporating scholarly articles, historical records, and religious texts. Building on this, a comparative analysis examines wording and content discrepancies in the adhān between Shia and Sunni traditions. Additionally, the research delves into historical records and manuscripts, tracing the origins of disagreements over the adhān, while a theological analysis explores the religious foundations influencing the variations. The study found that Shia-Sunni debates and tensions over the call to prayer can serve as a scholarly entry point to understanding the differences and root causes between the two. In addition, this article will be an enlightenment to dispel prejudices and tensions among fellow Muslims by acknowledging and appreciating each other's differences.