Legal Counsel Research Articles

Peningkatan Pemahaman Siswa Mengenai Pengaruh Media Sosial terhadap Radikalisme di Kalangan Pelajar melalui Penyuluhan Hukum tentang Paham Radikalisme

Social media is one of the tools currently very close to people's lives. All aspects of human life cannot be separated from social media. Students are one of the users of social media. Through social media, students can access knowledge not obtained at school. Social media is also used to spread radicalism among the younger generation, especially students. Social media is used as a tool for radicalization by individuals and groups for political and social change, especially for teenagers and the younger generation. Seeing the high rate of spread of radicalism among teenagers, especially students, through social media shows the importance of knowledge and understanding for teenagers regarding the spread of radicalism through social media. There is a lack of knowledge among teenagers regarding the dangers of spreading radicalism through social media, so it is necessary to make efforts in the form of promotive external support in the form of Legal Counseling in schools, with the main target being students.

PENYULUHAN HUKUM TENTANG MENINGKATKAN PEMAHAMAN DAN KESADARAN HUKUM MASYARAKAT DI KECAMATAN TEBET KOTA JAKARTA SELATAN

The level of legal awareness and citizens' obedience to the law can show the progress of a country. The life of society and the country will be more orderly if the legal awareness and legal obedience of the population is higher. These factors of legal awareness and legal compliance play an important role in legal progress; The level of public legal awareness is negatively correlated with the level of legal compliance, and conversely, the level of public legal awareness is negatively correlated with the level of legal compliance. Public legal awareness will create an effective law enforcement environment, which can provide a sense of justice, create legal certainty in society, and provide justice. The aim of legal counseling is to increase public legal awareness through legal consultations, collaborating with local legal consultants, and disseminating information about law in Tebet District, South Jakarta City. The aim of legal counseling is to increase public legal awareness in Tebet District, South Jakarta City. Keywords:law, awareness, counseling

The Institutional Hearing Program and the Incarceration-to-Deportation Pipeline

Through our study of the Institutional Hearing Program (IHP), we examine how immigration courts within prisons enforce immigration law over individuals serving criminal sentences. Drawing from interviews with legal services providers, community advocates, and impacted immigrants in New York City, we examine due process, inequality, and legal strategies in the context of the IHP. Findings demonstrate the disproportionate punishment of Black and Brown incarcerated immigrants, as well as restricted access to information, distant placement of IHP prisons, and scarce funding for representing incarcerated individuals in immigration proceedings, all of which create challenges for legal advocates' chances of success. We argue that sanctuary provisions in NYC exclude certain migrants by marking them with the stigma of criminal records in over-surveilled neighborhoods and physically exporting them outside city borders to state prisons, where specific policies toward their expedited deportation (such as the IHP) take place. The IHP is a key site on a pipeline from incarceration to deportation that must be drastically limited, or ultimately eradicated, to ensure justice for criminalized immigrants.

PERAN P3AP2KB KABUPATEN LAMPUNG TIMUR DALAM MEMEDIASI KASUS KDRT DAN UPAYA PERLINDUNGAN TERHADAP HAK PEREMPUAN

This article analyzes the mediation process conducted by P3AP2KB in Lampung District in handling domestic violence cases and the efforts made in protecting the rights of women victims of domestic violence. The focus of this article is the role of P3AP2KB in East Lampung Regency in mediating domestic violence cases and efforts to protect women's rights. The method of analysis of this article is qualitative, aiming to analyze in depth related to the handling of domestic violence cases. The research was conducted at P3AP2KB in East Lampung Regency. This research approach is analyzed using a case study approach, the primary data source of this article is P3AP2KB and the parties related to this article. The result of the research is that the role of P3AP2KB in East Lampung Regency in mediating domestic violence cases is carried out through several stages, namely the counseling stage and the mediation stage. This mediation step is in line with Islam and legislation. Meanwhile, efforts to protect the rights of women victims of domestic violence are carried out with preventive measures, namely, providing lawyers as legal counsel in the criminal and civil legal process. Through this legal assistance, the rights of women victims of domestic violence can be obtained fairly, through the litigation legal process (court).

Penyuluhan Hukum “Meningkatkan Kesadaran Hukum Masyarakat Dalam Bermedia Sosial di Desa Keraswetan”

The purpose of this Community Service is to provide understanding and legal awareness for the community in using social media. Legal counselling was conducted in Keraswetan village, Geneng sub-district, Ngawi district and other legal issues related to the conditions of each village. The use of social media must be realised by the community in order to have a positive impact on the progress of society. In this almost digital age, there are still many violations of social media. The method used in this activity is in the form of a directed discussion which begins with counselling/lecture then continued with direct questions and answers. The participants were community members, especially women and local community leaders. The community does not fully understand the use of social media. Through this legal counselling activity, every citizen is expected to be able to utilise existing social media for positive and beneficial interests, and to be wise in social media. By understanding the law, it is expected that there will be an increase in public legal awareness.

Pelanggaran Pembatasan Kewenangan Aparat Penegak Hukum Dalam Hukum Acara Pidana Terkait Kasus Kekerasan Dalam Penyidikan

The police apparatus is one of the law enforcement officers as a state instrument that plays a role in maintaining public security and order, as well as providing protection, protection and services to the community. However, the facts in the field say, there are still many violations of the principles of the rule of law in the realm of criminal procedure law, one of which is violence committed by law enforcement officials in the realm of investigation. The purpose of this writing is to find out how legal protection is given to victims of violence in investigations and to find out how the role of law enforcement officials should be in interpreting authority and power. The research method used by the author is normative legal research using data collection techniques through document study activities on secondary data. The results obtained from this writing are that suspects who experience violence in the investigation can make legal efforts through their family or legal counsel in accordance with what is regulated in Article 77 of the Criminal Procedure Code. In addition, in the context of accountability, law enforcement officials must be prepared to account for their actions and decisions to interested parties, including the community at large.

“Crafty” Rhetoric

Building on mental health rhetoric research (MHRR), I explore how legal advocates in non-profit organizations guide survivors of domestic abuse in obtaining orders for protection (OFPs). State statutes not only dictate what a petition for an OFP must contain, but these statutes and resulting documents also reflect cultural and structural biases about domestic abuse. Through rhetorical analysis of state statutes and personal interviews with legal advocates in this inductive and qualitative study, I discovered that these advocates engage in subversive rhetorical intervention, what the advocates call “crafty” intervention. Such intervention is designed to meet the requirements of state statutes for an OFP and also provide a way for survivors to tell their stories in their own way. This intervention sets the stage for helping survivors heal from the trauma of domestic abuse, convincing judges that survivors need OFPs to stay safe, and demonstrating to state legislators that domestic abuse statutes may be too restrictive.

“Above the Written Law”: Iran-Contra and the Mirage of the Rule of Law

AbstractWhy have scandalous sprees of lawbreaking by U.S. government officials proven so seductive yet so difficult to prosecute? This article takes the Iran-Contra scandal of the Reagan–Bush era as an instructive case study and red flag in the attitudinal erosion of the belief in the rule of law among American conservatives. Before the scandal broke, officials and legal counsels willfully mis-interpreted a clear prohibition to fund counter-revolutionaries and fabricated a post-facto presidential permission in order to sell weapons to Iran without congressional oversight. Congress's assumption that government officials would obey its statutes resulted in neither wrongdoing being punishable by criminal sanctions. Conservatives therefore argued that ends justified neglecting certain laws while also denying they had broken any laws. Prosecutors found themselves compelled to prosecute Iran-Contra's defendants over more prosaic crimes such as lying and stealing rather than more abstract and damaging ones. President George H. W. Bush's pardon of Iran-Contra defendants contributed to an impunity that further eroded the American rule of law to this day.

Legal intervention program for the prevention of sexual violence in an Elementary School

This study assesses the effectiveness of programs aimed at preventing and legally addressing sexual violence in Ecuadorian educational institutions. A quantitative and descriptive approach is employed, using surveys to collect data from parents whose children have been victims of sexual violence. The results indicate that legal assistance programs increase formal reports and provide emotional support to victims. The need for comprehensive programs is emphasized, and improvements in preventive measures and legal procedures are proposed. The study underscores the importance of legal counseling in combating sexual violence in educational contexts in Ecuador.

Clinical Legal Education and the Future of Pro-Bono in Nigeria: A Guarantee for Access to Justice for Accused Persons Awaiting Trial

The idea of access to justice is strongly related to the doctrine of the rule of law, and the effectiveness of a nation’s judicial system is mostly evaluated by its citizens' access to justice. Human rights are guaranteed and protected by instruments including the Constitution of the Federal Republic of Nigeria 1999 (as amended). However, when these rights are not protected (fair hearing, access to court) owing to financial constraints and lack of access to legal counsel, justice cannot be guaranteed. The large number of accused persons awaiting trial in Nigeria is ascribed to several factors, including missing files, inability to post a bond or provide surety, delay in the DPP's advice to the police over which case to pursue, the police's failure to promptly investigate and prosecute, among others. In Nigeria, despite the voluntary legal services provided by the government, lawyers, and clinical law students, the legal system towards indigents does not abate. This article explores the problems and potential solutions to providing increased legal aid services to accused persons awaiting trial in Nigeria. An interdisciplinary approach was adopted in this study, where primary data was gathered from prison visits made by Nigerian Law School, Yola Campus Law Clinic to the Yola and Jimeta medium security correctional centres. The barriers to accessing legal aid in light of the available legal aid services are critically examined here.

Open educational resources for otorhinolaryngology : Apilot study on needs assessment and implementation

Open educational resources (OER) are educational materials licensed openly by authors, permitting usage, redistribution, and in some instances, modification. OER platforms thereby serve as amedium for distributing and advancing teaching materials and innovative educational methodologies. This study aims to determine the present state of OER in otorhinolaryngology and to examine the prerequisites for seamlessly integrating OER into the curricular teaching of medical schools, specifically through the design of two OER blended learning modules. OER content in the field of otorhinolaryngology was analyzed on OER platforms, ensuring its relevance to the German medical curriculum. Data protection concerns were addressed with legal counsel. The blended learning modules were developed in collaboration with medical students and subsequently published as OER. This project yielded the first OER from aGerman ENT department, tailored to the German medical curriculum. One significant barrier to OER use in medicine, more than in other fields, is data protection. This challenge can be navigated by obtaining consent to publish patient data as OER. OER hold the promise to play apivotal role in fostering cooperation and collaboration among educators, aiding educators in lesson preparation, and simultaneously enhancing didactic quality.

Pembatalan Akta Pembagian Harta Waris Yang Didasarkan Pada Hukum Adat Batak Toba (Studi Putusan Mahkamah Agung Nomor 909 PK/PDT/2019)

This research aims to analyze the legal consequences of Supreme Court Decision Number 909 PK/Pdt/2019 on inheritance according to Toba Batak Customary Law, and analyze the role of notaries in making a Deed of Testament containing the will of the confronter to inherit based on Toba Batak Customary Law. This doctrinal research uses secondary data in the form of legal materials relevant to Inheritance Law and Toba Batak Customary Law. The legal effect of the Decision a quo on inheritance based on Toba Customary Law is that the Deed of Testament is declared defective and null and void because it violates statutory provisions. In addition, it can also be stated that there has been a shift in inheritance in the Toba Batak Customary Society, which initially adhered to patrilineal legal norms to begin to accommodate equal rights between sons and daughters. In relation to the role of notaries in the preparation of Testament Deeds based on Toba Batak Customary Law, it can be stated that legal counseling on inheritance must be delivered before making a deed so that the confronter can understand the legal provisions he chooses to use as the basis for inheritance. In addition, the notary can make clauses in the Deed of Testament to clarify the intentions contained in the deed, especially in the context of the distribution of inheritance made based on the last will of the testator.

The Nature of Small Business Holders’ Vulnerability in Tanzania. A Case of Street Vendors in Dodoma City

This study has examined vulnerability of street vendors in its different forms and was conducted around Central Business District in locations; Nyerere square, Sabasaba, Majengo and Oneway. The study employed both quantitative and qualitative techniques within which quantitative aspect employed probability sampling while qualitative aspect employed non probability sampling. Data were collected using survey, interviews, and observations coupled with documentary review. The findings in this study reveal that street vendors disputes with LGA in Dodoma city erupt occasionally due to street vendors conduct their businesses in land spaces not originally meant for street vendors, there is neither legal defense nor advocacy for street vendors’ interests, there is also low level of awareness, business knowledge and skills among majority street vendors. It is recommended that there is a need for rational mainstreaming SVBs in policy, laws and by laws. Curbing the street vending vulnerability require halt of ad hoc and emergence-style of addressing street vendors’ vulnerability. This study argues that it is high time for street vendors be supported to establish strong organization for the purpose of effective advocacy and effective representation of street vendors without compromising urban land space use standards.

Penyuluhan Hukum Mengenai Perlindungan Hukum Terhadap Anak Di SMP Negeri 41 Bandar Lampung

Introduction: : Legal counseling on child protection at SMP Negeri 41 Bandar Lampung is an effort to increase the understanding and awareness of students, teachers and parents regarding the importance of protecting children's rights and welfare in the context of education. The counseling covered various aspects, including children's basic rights, violence prevention, safe use of technology, and concrete actions in reporting and responding to situations that threaten children's safety. The counseling began by discussing children's basic rights in accordance with national and international law. Students are given an in-depth understanding of the right to life, education, and protection from various forms of exploitation and violence.Purposes of Devotion: The purpose of this service activity is to provide increased awareness and understanding of legal protection of children in the environment of SMP Negeri 41 Bandar Lampung. Method of Devotion: The method used in the implementation of activities in the village of SMP Negeri 41 Bandar Lampung, Panjang Subdistrict is in the form of providing material with the speaker explaining all the material in front of the students.Results of the Devotion: Basically, the students of SMP Negeri 41 Bandar Lampung have more or less understood the legal protection of children. This can be seen by the large number of participation and enthusiasm of the students of SMP Negeri 41 Bandar Lampung who asked questions and participated in discussions in the legal counseling. Students have the opportunity to know how legal protection a child has, including the implementation of legal protection of children that occurs at school.

Penanganan Tindak Pidana Kekerasan Dalam Rumah Tangga Melalui Pendekatan Restorative Justice

Introduction: Domestic violence is a legal event that we often encounter in a society in Indonesia..The solution to family violence or the scope of a household when it is completed criminal law lines is not appropriate., Remembers that the perpetrator and the victim had a very close relationship., So it takes different ways of dealing with conflicts in that household.Purposes of Devotion: His dedication activities aimed at recognizing domestic violence, forms of domestic violence, the restorative justice, handling domestic rigidity through a restorative justice approach to forming a comprehension and legal awareness for the participant. Method of Devotion: Experience in the implementation of community law in halong, the city of ambon, through a discussion in panels which speakers for given the lectures was continued by question and answer session between spekers and participants.Results of the Devotion: The settlement of domestic violence by using conventional criminal justice in the fact that empiricals raise new issues of divorce..So to avoid the point., A more effective cdrt settlement model is needed without causing any damage to the household's wholeness.Restorative justice is an alternative or some other way of criminal justice by putting a priority on the integration of the perpetrators and the victims or the community as one unit to find solutions and go back to a good link between the perpetrators..Counseling activities are preceded by pretesting, Then continue the legal counseling activity in the public hall over a panel-based discussion where the authoritarian delivers the material in turns and then proceeds with the question-responsibility between the cooker and the community. Then do a post-tes.

Effectiveness of Legal Aid Services in Joint Property Cases in Marriage at Partner Legal Aid Institutions Madani West Sulawesi

This study aims to analyze the problem of free legal aid for the weak and poor. This provision is regulated in the Legal Aid Law, which is the embodiment of Article 27 paragraph (1) and article 28D paragraph (1) which shows that everyone has an equal position before the law and is entitled to legal protection. The state has juridically arranged in such a way, so that justice can be felt by all levels of society, but the application of the law is still far from justice itself. This research is empirical legal research using a sociological juridical approach, which is an approach that emphasizes research that aims to obtain legal knowledge empirically. The results showed that LBH Mitra Madani as a structural institution, has provided legal assistance in litigation and non-litigation. In addition, LBH Mitra Madani also conducts legal counseling, community organizing, and training in the field of law. However, the obstacle is the absence of financial support from the government, because LBH Mitra Madani has not been accredited. The cases that have been accompanied from 2019 to 2022 amounted to 37 cases, where the cases handled by LBH Mitra Madani were dominated by civil cases. The obstacles of LBH Mitra Madani in providing legal assistance are legal substance and legal structure. By regulation, legal assistance provided by LBH Mitra Madani to the poor should be free. However, in fact, LBH Mitra Madani still collects fees from every client who is given legal assistance, this is because LBH Mitra Madani has not received financial assistance from the Government. In addition to substantial factors that are obstacles to the effectiveness of LBH Mitra Madani in providing legal assistance are legal structure factors, which include law enforcement institutions (police, prosecutors, courts and advocates).

Executives' Legal Expertise and Corporate Innovation

ABSTRACTResearch QuestionThis study investigates whether and how executives with legal expertise impact corporate innovation.Research FindingsUsing a sample of listed firms in China, we have the following findings: (1) Firms that hire executives with legal expertise are associated with more corporate innovation. (2) These firms talk about potential legal risks and legal advisors more often in their annual reports and have lower chances of being sued in patent litigations. (3) The innovation‐promoting effect is stronger when the firms are state‐owned enterprises, have more overseas revenue, operate in high‐tech industries, have prior patent litigation experience, and are in strong legal environments.Theoretical/Academic ImplicationsThe findings indicate that executives with legal expertise bring more attention to legal risks and help the firm to shape a stable environment, which can effectively promote innovation activities. Also, the innovation‐promoting effect of lawyer executives complements the role of in‐house legal counsels and the external legal environment. This paper adds to the literature on the value of executives with legal background.Practitioner/Policy ImplicationsOur results emphasize the important role played by executives with legal expertise in corporate innovation. Given the continuing shortage of legal talents and the gradual improvement of the legal system in China, firms need to employ more legal talents to avoid potential legal risks and maintain sustainable growth.

ANALYSIS OF TAX COURT APPEAL DECISIONS ON INDIVIDUAL INCOME TAX ARTICLE 25/29 DISPUTES 2019 TO 2022

This research aims to analyze the development of Individual Income Tax (Pajak Penghasilan Orang Pribadi - PPh OP) disputes in the Tax Court, the characteristics of Individual Taxpayers (Wajib Pajak Orang Pribadi - WPOP) who file Individual Income Tax disputes in the Tax Court, and the factors causing Individual Income Tax Article 25/29 disputes. The research was conducted using the content analysis method. The results show that the development of the Personal Income Tax Article 25/29 decision in the period 2019 to 2022 in the Tax Court is as follows: experiencing an upward trend, based on the tax year appealed tends to experience a fluctuating trend, more in favor of the DGT, and 59.18% of the dispute value is below 4.8 billion rupiah. The characteristics of taxpayers who filed disputes are as follows: 86% are male, 21 taxpayers are identified as private employees, 21 taxpayers reside in DKI Jakarta, and during the trial at the Tax Court, 42 taxpayers used legal counsel. Disputes on Income Tax Article 25/29 (PPh OP) from 2019 to 2022 can be classified into two major classifications, namely formal and material disputes. Formal disputes are caused by the Appellant not knowing the fulfillment of tax obligations properly and correctly, the Appellant making mistakes / mistakes in filling out the tax return, and the Appellant not carrying out tax obligations. Meanwhile, in material disputes, the three biggest causes related to net disputes were caused by the absence of adequate evidence of mutations in the Appellant's account, differences in views and evidence in relation to share transactions, and the status of asset ownership.
 
 Keywords: Tax Court, Tax Court Decision, Tax Dispute, PPh OP, Individual Income Tax Article 25/29

Financial covenants in syndicated lending transactions

The article analyzes the use of financial covenants in international syndicated lending transactions. From a borrower’s point of view, acceptable levels of financial covenants allow to realize the transaction with comfortable conditions for further fulfillment. For lenders, an acceptable level of financial covenants is important for obtaining internal credit approval for participation in the transaction and as a tool for monitoring the credit quality of a borrower when servicing a syndicated loan. The main financial covenants of syndicated loan transactions include restrictions on the following financial ratios of a borrower: net debt/EBITDA, net interest payments/EBITDA, and net debt/equity. Lenders monitor financial covenants through a compliance certificate that a borrower sends to the lending agent on a regular basis. One of the key roles in syndicated lending transactions is played by a loan agent, through whom communications between a borrower and lenders take place. If a borrower violates the financial covenants, the process of obtaining lenders’ consent to a one-time waiver (Waiver Request) or amendment of the loan agreement (Amendment Request) is initiated. The article discusses the main stages of these processes with an indication of the participants’ roles in these processes (borrower, loan agent, lenders, and legal counsel).

Best practice guidelines for evaluating patients in custody in the emergency department.

Patients in custody due to arrest or incarceration are a vulnerable population that present a unique ethical and logistical challenge for emergency physicians (EPs). People incarcerated in the United States have a constitutional right to health care. When caring for these patients, EPs must balance their ethical obligations to the patient with security and safety concerns. They should refer to their institutional policy for guidance and their local, state, and federal laws, when applicable. Hospital legal counsel and risk management also can be helpful resources. EPs should communicate early and openly with law enforcement personnel to ensure security and emergency department staff safety is maintained while meeting the patient's medical needs. Physicians should consider the least restrictive restraints necessary to ensure security while allowing for medical evaluation and treatment. They should also protect patient privacy as much as possible within departmental constraints, promote the patient's autonomous medical decision-making, and be mindful of ways that medical information could interact with the legal system.