Legal Experts Research Articles

La inteligencia artificial y la aplicabilidad en la administración de justicia: avances, desafíos y puntos de vista

The integration of AI in the legal field has generated an impact on the administration of justice, its influence on society and its potential to improve efficiency and access to justice. This study evaluates the feasibility and convenience of implementing AI systems in the administration of justice through a doctrinal and legal analysis, considering the potential of AI to optimize judicial processes and its implications in terms of legal certainty and procedural economy. The intersection of AI with law is examined, adopting notions of coding, algorithms and the adoption of Legal Expert Systems. The objective is to present an alternative to address saturation in the justice system, respecting the principles of legality and procedural economy. A qualitative bibliographic methodology is used to analyze the perspective of AI as a tool to reduce times and costs associated with judicial processes, concluding that its balanced and ethically responsible implementation could bring significant benefits, which requires a weighing of regulatory and ethical aspects to guarantee the respect for constitutional guarantees and avoid consequences, thus highlighting the growing relevance of AI in the legal field and its influence on the administration of justice.

Mind matters: navigating mental health in the workplace

PurposeWith mental health issues among the workforce becoming increasingly common, it is imperative that employers and their HR teams are alive to mental health issues and are well equipped to deal with them. This paper sets out to explain these points.Design/methodology/approachThis paper provides insight for employers into how to deal with mental health issues in the workplace by breaking the topic down into the following sections: mental health-related claims, reasonable adjustments and preventative measures.FindingsEmployees dealing with poor mental health are often less motivated and productive and in more serious cases are more inclined to take periods of long-term sick leave to recover. However, aside from the potentially costly long-term absences and decreased productivity, HR professionals should also take mental health issues seriously because to do otherwise puts the business at risk of discrimination claims from employees suffering with severe and long-term mental health issues. This is why it is important for businesses to treat the mental health of its staff with equal importance to their physical health.Originality/valueThis paper is valuable to HR professionals looking to understand better how they can support their staff in mental health-related issues. The article effectively cuts through the complex legislation to provide clear, practical advice from legal experts.

A comparative ethical analysis of the Egyptian clinical research law

BackgroundIn this study, we examined the ethical implications of Egypt’s new clinical trial law, employing the ethical framework proposed by Emanuel et al. and comparing it to various national and supranational laws. This analysis is crucial as Egypt, considered a high-growth pharmaceutical market, has become an attractive location for clinical trials, offering insights into the ethical implementation of bioethical regulations in a large population country with a robust healthcare infrastructure and predominantly treatment-naïve patients.MethodsWe conducted a comparative analysis of Egyptian law with regulations from Sweden and France, including the EU Clinical Trials Regulation, considering ethical human subject research criteria, and used a directed approach to qualitative content analysis to examine the laws and regulations. This study involved extensive peer scrutiny, frequent debriefing sessions, and collaboration with legal experts with relevant international legal expertise to ensure rigorous analysis and interpretation of the laws.ResultsOn the rating of the seven different principles (social and scientific values, scientific validity, fair selection of participants, risk-benefit ratio, independent review, informed consent and respect for participants) Egypt, France, and EU regulations had comparable scores. Specific principles (Social Value, Scientific Value, and Fair selection of participants) were challenging to directly identify due to certain regulations embodying 'implicit' principles more than explicitly stated ones.ConclusionThe analysis underscores Egypt's alignment with internationally recognized ethical principles, as outlined by Emanuel et al., through its comparison with French, Swedish, and EU regulations, emphasizing the critical need for Egypt to continuously refine its ethical regulations to safeguard participant protection and research integrity. Key issues identified include the necessity to clarify and standardize the concept of social value in research, alongside concerns regarding the expertise and impartiality of ethical review boards, pointing towards a broader agenda for enhancing research ethics in Egypt and beyond.

Comparative technical analysis of legal and ethical frameworks in AI-enhanced procurement processes

This study presents a Comparative Technical Analysis of Legal and Ethical Frameworks in AI-Enhanced Procurement Processes. The research aims to evaluate the existing legal and ethical frameworks governing the use of artificial intelligence (AI) in procurement and to identify best practices for ensuring transparency, accountability, and ethical decision-making in AI-driven procurement processes. The study adopts a mixed-methods approach, combining quantitative surveys and qualitative interviews with procurement professionals and legal experts. The research design allows for a comprehensive analysis of the legal and ethical challenges associated with AI deployment in procurement and provides insights into practical strategies for addressing these challenges. Findings from the study indicate a growing recognition of the need for clear guidelines and regulations to govern the use of AI in procurement. While respondents acknowledge the potential benefits of AI, such as improved efficiency and cost savings, they also express concerns about algorithmic bias, data privacy, and the lack of transparency in AI-driven decision-making processes. Based on these findings, the study recommends several strategies for enhancing the legal and ethical frameworks in AI-enhanced procurement processes. These include developing clear guidelines for AI deployment, providing training and support for procurement professionals, and establishing mechanisms for monitoring and evaluating AI systems. Overall, the study highlights the importance of integrating legal and ethical considerations into AI deployment in procurement to ensure transparency, accountability, and ethical decision-making. The findings contribute to the growing body of literature on AI governance and provide practical insights for policymakers, procurement professionals, and other stakeholders involved in AI-driven procurement processes.

Correction: Legal concepts and legal expertise

Correction: Legal concepts and legal expertise

Kontekstualisasi Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 Dalam Perspektif Islam

Constitutional amendments in Muslim-majority countries, including Indonesia, often face political challenges, constitutional conflicts, and harmonisation between sharia principles and democratic values and civil liberties. This process reflects the complex socio-political dynamics of achieving a balance between tradition and modernity. This research aims to understand these challenges from an Islamic perspective, identify factors that influenced the amendment process, and explore the integration of Islamic principles with democratic values within a reformist constitutional framework. Using a qualitative approach and analysing relevant documents and literature studies, as well as conducting interviews with legal, political and religious experts, this research highlights the political tensions and conflicts related to human rights, governance structures, minority rights and religion. Despite challenges, there are opportunities to mediate sharia principles with democracy through constructive dialogue and compromise. The research also offers strategies to support constitutional reforms that take into account public welfare and democratic principles. Keywords:Constitution, Contextualization, Islam.

Rungkad Hakekat Penuntutan dalam penjelasan Pasal 132 Undang-Undang nomor 1 tahun 2023 tentang Kitab Undang-Undang Hukum Pidana (KUHP BARU) dan Kegalauan Penyidik/ Penyidik Pembantu Polri

This is different from the term Wetboek van Strafprocesrecht, which in Indonesian means "Criminal Procedure Code". According to legal expert from Hasanuddin University Makassar; Hamzah (1985:13) the Dutch Minister of Justice emphasized that the term "Strafvordering" covers all criminal prosecution procedures. Therefore, it can be concluded that the Criminal Procedure Code in Indonesia is not a descendant of Dutch blue blood/a colonial product, while also confirming that the current Criminal Procedure Code does not merely discuss prosecution procedures. The explanation of Article 132 of the Law of the Republic of Indonesia Number 1 of 2023 concerning the Criminal Code reads "in this provision what is meant by "prosecution" is the judicial process which begins with an investigation". The explanation of Article 132 of the new Criminal Code is a butterfly effect phenomenon if not receiving special attention will certainly damage the essence of prosecutorial authority which is neatly structured in the Indonesian criminal procedural justice system. The explanation of Article 132 of the new Criminal Code does not at all understand Stufenbau's legal theory where the expanded role of prosecutors is in direct contrast to Article 30 paragraph (4) of the Law. -The 1945 Constitution which is the ground norm or basic norm. Apart from that, the Explanation of Article 132 of the New Criminal Code is too vulgar to rebel against the principle of Functional Differentiation which is already compatible with the Indonesian criminal procedural justice system. It requires awareness of all Polri personnel through education about the latent dangers of the explanation of Article 132 of the New Criminal Code. This is in order to explain that this article slightly confuses the existence of investigators/assistant investigators of the National Police so that investigative authority should not be compromised.

KEWENANGAN MAHKAMAH KONSTITUSI TERHADAP PUTUSAN PERKARA NOMOR 90/PUU-XXI/2023

The decision of the Constitutional Court in case Number 90/PUU-XXI/2023 in the general election trial Number 7 of 2017, the opinions of legal experts and the public are contradictory. There are political parties who say the decision is right, and there are also those who say the Constitutional Court's decision is wrong. Furthermore, the problem formulated in this study is based on this background, namely the competence of the Constitutional Court and the legal consequences of its decisions. The research method is a normative and applicable legal approach. This research uses library research, namely. Qualitative studies are carried out by collecting library materials, reading and taking notes, and carrying out analysis on library materials that have been selected for use. Based on the results of this research, the Constitutional Court has the competence to make decisions on matters relating to the age limit for candidates for President and Vice President, where the court's decision is definite and binding.

Report on English-Chinese Translation Practice Based on Trados Computer Aided Translation: A Case Study of Procedure in Civil Cases in the U.S. Courts

This report focuses on the translation practice of parts of the text from "Procedure in Civil Cases in the U.S. Courts" using the Trados translation software. By comparing and analyzing the application of Trados in the translation process, this study aims to reveal the advantages and limitations of using computer aided translation (CAT) tools in legal text translation. The research finds that Trados significantly aids in the field of legal translation; however, its effectiveness is still limited by the translator's grasp of legal expertise. Therefore, this paper intends to offer practical suggestions and experience summaries for legal text translation and to discuss the pros and cons of CAT tools in specific fields. Through an in-depth analysis of Trados usage and a detailed examination of the translation practice results, this paper aims to provide feasible recommendations for improving the quality of legal text translation and to serve as a reference for the application of CAT tools in the legal field.

Analisis Pemahaman Kebijakan Hukum Terhadap Bullying dalam Pendidikan di Sekolah Menengah Pertama

This study aims to find out the understanding of legal policies on bullying in education in junior high schools. This research is an analysis of the study of policies that regulate bullying. The type of research used is qualitative descriptive based on research sources and the development of experts and legal experts. All data collected is data derived from the results of expert analysis that is developed and adapted to the current situation. The data analysis process used is qualitative data analysis with the stages of data reduction, data presentation, and conclusion drawing. The results of data analysis show that children's development without strong monitoring and assistance will result in children easily falling or being affected by self-motivation without any boundaries that they understand and fear. Children in the immature category without sufficient experience will be able to feel okay by committing bullying behavior. The lack of understanding of students and children towards the provisions and policies of the law that regulates bullying makes children or students feel uncontrolled in committing bullying or as a victim of bullying

Inclusion of legal education in secondary and higher secondary education system in Bangladesh: An appraisal

This abstract offers a succinct overview of a comprehensive analysis of the integration of legal education into Bangladesh’s secondary and higher secondary educational framework. It explores how teaching legal information at a young age can help pupils develop civic engagement, legal literacy, and awareness. Using qualitative approaches to analyze integration potential and difficulties, the study assesses the current condition of legal education in the curriculum. Interviews with students, instructors, legislators, and legal experts provide qualitative data that illuminates how legal education influences students’ moral and intellectual development. The study emphasizes the benefits of including legal education in the secondary and upper secondary curriculum since it fosters ethical reasoning, critical thinking, and a deeper understanding of legal topics. It also identifies obstacles to successful implementation, including problems with curriculum integration and resource limitations. The conclusions emphasize the significance of comprehensive legal education in developing responsible persons capable of navigating legal intricacies and making recommendations for improving Bangladdesh’s educational system through curriculum, teacher training, and legislative changes. These observations underline the critical role that legal education plays in developing socially conscious persons in secondary and higher secondary schools, and they greatly add to the current discourse in Bangladesh regarding education reform.

Perlidungan Hukum Justice Collaborator Dalam Tindak Pidana Pembunuhan Berencana

The world history of Justice Collaborators began in 1963 when the United States federal government awarded facilities or awards to a winner named Joe Cago. Cago was a member of a criminal organization whose members were Italian immigrants or descendants of Italians living in the country. The reason is, every member of this criminal organization who is arrested will still uphold omerta, or the culture of silence in the mafia network, and they never leak information about their organization to the authorities, making it difficult for the authorities. The research method used is normative juridical. The use of this type of normative juridical research is because the object of study is related to legal principles and principles as well as theories and opinions of legal experts. Criminal Law that include Justice Collaborators in criminal activities are inadequate, so that law enforcement officials cannot legally rely on this system. It turns out that there are many things that need to be set aside to achieve justice collaborator status, in terms of relevance. Many legal experts have expressed the same thing, the use of justice collaborator status is only to show appreciation for criminals who actively participate in cases that are difficult to prove.

Re-examining the compatibility of US fair use with Korean copyright law: challenges and suggestions for Korean fair use

Abstract Korea introduced the fair use provision into the Korean Copyright Act following the model of the US system. Despite its adoption into the Korean Copyright Act, it has not been significantly relied upon by the courts of Korea. This article asserts that strong and robust fair use is crucial for achieving the objectives of Korean copyright law, which is a cultivating culture through copyright protection and facilitating the fair use of copyrighted works. Particularly important in the digital era, fair use serves as a pivotal tool for adapting the copyright system to rapid technological changes. Taking a legal transplant theory perspective, this paper evaluates the process of transplanting US fair use into Korean copyright law. It contends that the oversight of essential considerations during this process has led to a lack of balance between certainty and flexibility in Korean fair use. Following this analysis, this article offers recommendations to refine Korean fair use within the context of successful legal transplants. These recommendations will cover legislative revision, the roles of the courts and the involvement of legal experts to enhance legal certainty, ensure appropriate flexibility, and ultimately, promote the widespread use of Korean fair use.

Features of the process of evidence in criminal procedure of the United States of America

Recent years have been marked by a great growth of comparative legal research in various branches of legal science, which are gaining a growing number of supporters. The given process makes it possible to show the originality of certain branches of law, their institutions, norms in different legal systems, to compare the data of a specific branch of law with similar branches in other legal systems, and to reveal national differences. The practical significance of the given activity lies in the study and generalization of both positive and negative legal experience of foreign countries. In today’s transparent world, with the growing importance of the international component in the fight against crime, a legal expert needs knowledge that goes beyond the national legal field for a reason, with the purpose of its proper use in the process of international cooperation in criminal proceedings between states in particular.
 Nowadays there is the process of convergence of various criminal procedural systems of the world. And in this regard, the Anglo-American system of the criminal procedure, the United States of America (hereinafter the USA) in particular, is quite interesting. The given system has distinctive features that are different from the national system and deserve attention. They are the sources of the US criminal procedural law which include judicial precedent, regulations and legal doctrine. The peculiarity of the given system is that it is based on adversarial proceedings and justice, it generates phenomena of the criminal procedure, namely the plea agreement, the jury trial, the concept of restorative justice, the discretionary powers of persons conducting criminal proceedings, etc. Yet another characteristic feature of the Anglo-American system of the US criminal procedure is the specifics of the implementation of evidentiary criminal procedural activity.
 The focus of the given article is on the study of the specificity of evidentiary activity, such as questions related to: the concept, classification, sources and properties of evidence in the criminal procedure of the United States of America, the peculiarities of the process of evidence at certain stages of the procedure, the legal position of certain subjects of evidence. The materials of the article are of both theoretical and practical value. They can be used for further scientific research on the peculiarities of national criminal procedural evidence, as well as for the proper understanding and implementation of its law enforcement criminal procedural activity.

WEALTH WHISPERERS: A Financial LLM

In an era of continually evolving financial markets, the demand for sophisticated financial advisory models tailored to the unique landscape of the Indian market is more prominent than ever before. This Paper offers a comprehensive model designed to address the nuances and complexities of the Indian financial ecosystem, empowering financial advisors with a culturally relevant and powerful toolset to effectively serve their clients. The Financial Advisory LLM Model, customized specifically for the Indian market, seamlessly integrates Legal, Financial, and Management (LLM) expertise into a unified and cohesive platform. Leveraging cutting-edge technologies such as artificial intelligence and machine learning, this model significantly enhances the advisory process, making it more efficient and precise. This project report delves into the extensive range of solutions provided by the Financial Advisory LLM Model, specifically tailored to address various financial challenges within the Indian context. These solutions encompass areas such as investment management, wealth preservation, and tax optimization. By incorporating these elements into the model, the report aims to empower financial advisors to meet the diverse needs of their clients effectively and efficiently. Key Words: Financial Advisory LLM Model, Indian financial ecosystem, Artificial intelligence and machine learning, Cutting-edge technologies, Financial technology (FinTech), Investment management

Penerapan Hukuman Mati Tindak Pidana Korupsi di Indonesia Ditinjau dari Sisi Hak Asasi Manusia

The rampant corruption that has plagued Indonesia recently has prompted law enforcement officials to continuously strive and brainstorm hard on how to impose punishments or sanctions that can deter corrupt individuals and those contemplating such despicable acts. Many suggestions and viewpoints have been put forth by observers and legal experts in the country regarding appropriate punishments for corrupt individuals to instill a sense of deterrence among wrongdoers and provide a "shock therapy" for those considering corrupt activities. Various actions have been proposed, such as imposing social sanctions, seizing all their assets (leading to poverty), and even imposing the death penalty on corrupt perpetrators. In the current era of reform, efforts to prevent and eradicate corruption and the corresponding punishments for offenders have evolved alongside the increasing discourse on imposing the death penalty for criminal acts. There are many arguments for and against the death penalty in corruption cases. These differing opinions on the death penalty vary, with some agreeing to set an example and serve as a deterrent to those considering similar actions, while others disagree because they find it unjust and a violation of someone's right to life. In Indonesia, the implementation of the death penalty for corrupt individuals is already regulated by laws and regulations. Article 2 paragraph (2) of Law No. 20 of 2001 regarding the Eradication of Corruption states: "In the event that the act of corruption as referred to in paragraph (1) is committed under certain circumstances, the death penalty may be imposed." Paragraph (1) reads as follows: "Any person who, unlawfully, enriches oneself or others or a corporation to the detriment of the state's finances and economy, shall be punished with life imprisonment or a minimum of 4 (four) years and a maximum of 20 (twenty) years of imprisonment and a fine ranging from at least Rp200,000,000.00 (two hundred million rupiah) to a maximum of Rp1,000,000,000.00 (one billion rupiah).

Legal Expertise as a Tool of Countering Violent Extremism in the Web 2.0

The paper deals with the results of the study aimed to countermeasure violent extremism in Web 2.0. The paper focuses on the results of the research entitled “Russian Legal Concept of Media Security” and implemented within the framework of the “Priority-2030” Academic Strategic Leadership Program. The increased number of public crimes committed in the new media using telecommunications technologies makes the study relevant. The study is aimed to improve the understanding of current and future global media security challenges and to explain how to resist them based on legal expertise. Legal expertise is characterized as a tool that can contribute to raising the general level of legal culture and, in this regard, the authors highlight that availability of law and language knowledge is relevant in solving criminal law issues regarding implementation of basic rights and freedoms in the digital environment. The authors examine public relations in the field of education, family relations and youth policy related to those who share traditional morality and focus on countering a destructive ideological impact on children, adolescents, and the youth, carried out in order to neutralize inimical inculcation of spiritual values alien to Russian society. The authors scrutinized social networking, a combination of mini web pages, blogs and searchable communities, to detect signs of extremist propaganda shared via internet communication as a key challenge Russian society is facing nowadays. They elucidate the importance of undertaking effective measures to protect the population from harmful effect of destructive extremist ideology and its negative psychological impact. An interdisciplinary study of media security in the paradigm of criminal law sciences was conducted on the basis of legal expertise — a comprehensive criminalistic, criminology, forensic, psychological and linguistic approach to counteracting a destructive ideological impact on adolescents and neutralizing the mechanisms of implanting alien moral values. The authors have systematized threats to traditional Russian spiritual values and proposed to amend legislation and law enforcement practice to improve media security. Deep efforts should be made to encourage zero tolerance for extremist actions in the information sphere among people, to form their competence to ensure media security, including effective recourse to legal (or forensic) experts and authorized entities in case of violations of the law.

The Controversy over the Law Schools (lā madhhabiyya) in Twentieth-Century Syria

Abstract The validity of the established schools of law (sing. madhhab) is a major bone of contention between contemporary Salafis and Traditionalists. The controversy reached its peak around 1970 in a famous exchange between Nāṣir al-Dīn al-Albānī, who called for direct reliance on authenticated hadith, and Muḥammad Saʽīd Ramaḍān al-Būṭī, who favored the jurists’ legal expertise. In this essay, I chart the course of the lā madhhabiyya debate in Syria by analyzing the polemical writings of three generations of Syrian ulama from 1870 to 1970. I argue that the seeds of the controversy were sown in the late Ottoman period in the Salafi challenge to taqlīd. I also uncover the central role of the Indian Ahl-i Hadith in mediating the anti-madhhabī position to the core Arab lands, and the part of Syrian Ḥanafī-Naqshbandī ʽulamāʼ in defending the madhhabs. Finally, I allude to the political split among the Traditionalist ʽulamāʼ between the Syrian Muslim Brotherhood and the Baʽth regime.

Professional field-work: constructing global health law as an ‘emerging field’

ABSTRACT Constructing international legal fields is the work of experts. Such experts struggle over a field’s substantive content, normative direction and formal boundaries. Less commonly observed are the ways in which fields are described as part of such work. In global health law, experts have used the term ‘emerging field’ to capture its ambivalent status between a non-field and an established field. In deploying this term, they demonstrate the term’s productive uses in establishing a plural, open-ended and experimental sphere of professional action that overcomes the criticisms of its predecessor, international health law. In theorising the notion of ‘emerging field’ as an example of professional field-work, this article points not only to the multiple registers of this nascent governance regime, but also to the changing style of international legal expertise itself.

THE LEGAL MECHANISMS FOR THE USE OF GENETICALLY MODIFIED FOODS

Genetically modified foods are among the most significant outcomes of biotechnology, and they are one of the most contentious topics among scientists and legal experts regarding their potential effects on human health and the environment. The principle of scientific uncertainty and legal instability prevails in countries handling of regulating its trading, as opinions were divided between supporters and opponents of genetically modified organisms (GMOs), and positions and legislations varied among nations on this matter. Efforts worldwide have been focused on creating a roadmap for the trade and evaluating its risks concerning the preservation of biodiversity and human health. Research raises several closely related issues, notably the gap between providing sufficient food for nearly eight billion people in a world with a continuously increasing population and the inadequacy of this food supply due to global warming and climate change. Other challenges are associated with the lack of legislative and regulatory harmonization for the trade of these substances between domestic and international laws and the stance of the Algerian legislator on this matter