Legal Framework Research Articles

Application of Standard Agreements in Lease Purchase Contracts: Legal Implications of Business in the Realm of Civil Law

Business practices provide easy access to capital for certain goods. Hire purchase arises when the buyer cannot afford to pay cash. Standard agreements cannot be negotiated by consumers. In Indonesia, this practice is growing rapidly, especially in the motorbike trade. The application of standard agreements has important implications in business law, such as consumer protection and dispute resolution. Research on this subject is important for identifying challenges and opportunities in modern business. This legal research uses a normative juridical approach, which is a research method that relies on secondary data sources, such as library materials. This normative juridical approach involves analysis of legal principles, legal systematics, as well as vertical and horizontal synchronization in the civil law system in Indonesia. The results of this research are that the research highlights the importance of understanding the business practices of hire purchase contracts, especially the application of standard agreements and their legal implications. This raises questions regarding the balance of rights and obligations between providers and recipients of goods or services. It is important to understand the legal framework to ensure equality of rights and obligations and maintain the principles of consumer protection and public order in this business practice

Efforts to Prevent Land Changes Due to Natural Disasters in Tridi Village Malang City

To ensure environmental sustainability and mitigate the risk of natural disasters such as flooding, the Malang City government has imposed a ban on residential development along the banks of the Brantas River through Malang City Regional Regulation No. 6 Year 2022. This study examines the measures adopted by the Malang City government to regulate the spatial layout of settlements in Kampung Tridi and prevent land degradation due to natural disasters, similar to the approach taken in Taman Bendung Tirto. Using Socio-Legal methodology, the study explores the perceptions and legal behaviors of riverside landowners and the government's strategies to protect the land. The findings of this study reveal that the Malang City government's efforts mainly focus on enforcing strict zoning in Kampung Tridi to comply with spatial regulations. This abstract is intended to provide a comprehensive overview of the study, highlighting the importance of the legal framework in urban planning and environmental protection

Legislações em defesa dos animais: Avanços e desafios

The purpose of this work is to present a detailed analysis of the evolution of legislation on animal rights, highlighting its evolution over time and the importance of animal welfare. We explore the importance of philosophers such as Tom Regan and Peter Singer in promoting moral equality between humans and animals, as well as relevant legal frameworks in Brazil, such as the 1988 Federal Constitution and the 1998 Environmental Crimes Law. Furthermore, we address recent legislative advances and the need for public awareness regarding animal protection and combating animal abuse. Gaps in legislation are highlighted, such as a lack of adequate penalties and deficiencies in supervision; issues such as illegal animal trade and cultural and economic conflicts are also addressed. The crucial role of the media in promoting animal rights and welfare is highlighted, underlining the importance of continuous review of the legislation and improvements in supervision to ensure adequate protection of animals and promote a culture of respect and welfare in relation to human and nonhuman animals.

Addressing the Abuse of Dominance in India Under the Competition Act, 2002

The regulation of abuse of dominance within India's competition law framework is pivotal for ensuring equitable competition, market efficacy, and consumer well-being. This research paper delves into the intricate dimensions of addressing abuse of dominance within the Indian context, shedding light on the legal framework, enforcement mechanisms, case precedents, and emerging hurdles. Commencing with an exhaustive overview, the paper meticulously examines the legal framework dictating abuse of dominance, elucidating the provisions enshrined in the Competition Act, 2002, and pertinent regulations. Through a thorough analysis of statutory clauses and judicial interpretations, it delineates the criteria and benchmarks utilized for discerning and adjudicating instances of abuse of dominance, thereby providing insights into the evolving jurisprudence in this sphere. Drawing from a diverse array of case laws and precedents, the paper traverses through seminal judgments and enforcement actions undertaken by the Competition Commission of India (CCI) to address abuse of dominance. Through meticulous case analyses, readers are furnished with a deeper comprehension of the enforcement mechanisms deployed by the CCI, encompassing investigative processes, adjudicatory proceedings, and the imposition of remedies and sanctions. Moreover, the paper delves into emerging challenges and discourse surrounding abuse of dominance, encompassing its intersection with digital markets, burgeoning technologies, and the phenomenon of globalization. By scrutinizing contemporary issues such as platform hegemony, apprehensions regarding data privacy, and ramifications of cross-border transactions, the paper furnishes insights into the intricate facets of regulating abuse of dominance within India's dynamic market milieu. In conclusion, this research paper furnishes a comprehensive exploration of the strategies, mechanisms, and impediments entailed in addressing abuse of dominance under competition law in India. By amalgamating legal tenets, case dissections, and contemporary developments, the paper seeks to enrich the scholarly dialogue on competition law enforcement and proffer pragmatic insights for policymakers, practitioners, and stakeholders navigating the convolutions of India's competitive landscape.

The Lesser of Two Evils? Explaining Chinese Rural Migrant Workers’ Preference for On-demand Food Delivery Work With Reference to the Legal Framework

Drawing on a series of interviews with on-demand food delivery riders, who are rural migrant workers, this paper seeks to explain the workers’ decision to give up stable jobs in factories in favour of largely unregulated and precarious on-demand work. Focusing on those aspects of the legal framework which shape workers’ decisions, it presents the explanation under the dual banners of ‘income’ and ‘freedom and flexibility’. In terms of income, Chinese law often enables low factory wages and a reliance on overtime; migrant workers view social insurance contributions as a loss; issues with payroll and wage arrears are significant. In terms of freedom and flexibility, insufficient rest rights lead to inadequate breaks for assembly line workers and, compounded by unspecified ‘special working time’ permit physically unbearable shifts without extra compensation. Age and gender discrimination are prevalent both in factories and various sectors. In contrast, on-demand delivery work has relatively low barriers to entry.

Safeguarding human values: rethinking US law for generative AI’s societal impacts

AbstractOur interdisciplinary study examines the effectiveness of US law in addressing the complex challenges posed by generative AI systems to fundamental human values, including physical and mental well-being, privacy, autonomy, diversity, and equity. Through the analysis of diverse hypothetical scenarios developed in collaboration with experts, we identified significant shortcomings and ambiguities within the existing legal protections. Constitutional and civil rights law currently struggles to hold AI companies responsible for AI-assisted discriminatory outputs. Moreover, even without considering the liability shield provided by Section 230, existing liability laws may not effectively remedy unintentional and intangible harms caused by AI systems. Demonstrating causal links for liability claims such as defamation or product liability proves exceptionally difficult due to the intricate and opaque nature of these systems. To effectively address these unique and evolving risks posed by generative AI, we propose a “Responsible AI Legal Framework” that adapts to recognize new threats and utilizes a multi-pronged approach. This framework would enshrine fundamental values in legal frameworks, establish comprehensive safety guidelines, and implement liability models tailored to the complexities of human-AI interactions. By proactively mitigating unforeseen harms like mental health impacts and privacy breaches, this framework aims to create a legal landscape capable of navigating the exciting yet precarious future brought forth by generative AI technologies.

Rule-based versus AI-driven benefits allocation: GDPR and AIA legal implications and challenges for automation in public social security administration

ABSTRACT This article focuses on the legal implications of the growing reliance on automated systems in public administrations, using the example of social security benefits administration. It specifically addresses the deployment of automated systems for decisions on benefits eligibility within the frameworks of the General Data Protection Regulation (GDPR) and the Artificial Intelligence Act (AIA). It compares how these two legal frameworks, each targeting different regulatory objects (personal data versus AI systems) and employing different protective measures, apply for two common system types: rule-based systems utilised for making fully automated decisions on eligibility, and machine learning AI systems utilised for assisting case administrators in their decision-making. It concludes on the combined impact that the GDPR and the AIA will have on each of these types of systems, as well as on differences in how these instruments determines the basic legality of utilising such systems within social security administration.

Law, Colonial-Capitalist Floods, and the Production of Injustices in Eastern India: Insights for Climate Adaptation

Abstract Floods are not merely ‘natural’ disasters; rather, they emerge as socio-natural phenomena shaped by political, social, and economic processes. Law plays a pivotal role in producing and sustaining these processes and contributes to the creation of unjust environments. Drawing on political ecology and environmental history, this article analyzes the role of law and its interactions with colonialism and capitalism in the Damodar river valley in Eastern India. The Damodar river valley is an intensely engineered and hazardous region, a site of multiple interventions and developmental and ecological experiments for over a century. Colonial and post-colonial legacies have left a lasting imprint on legal, policy, and institutional frameworks, establishing a path-dependent trajectory for addressing future climate change adaptation challenges. While focusing on a specific case study, the article's approach and findings have broader significance, especially in the context of climate adaptation. The central argument underscores the need to understand the political and legal dimensions of flooding, and reinforces the need for a shift beyond incremental adjustments that do not tackle the underlying structures that produce the injustices associated with floods. It highlights the importance of ‘transformative adaptation’ approaches that address the root causes of climate-related disasters, such as restructuring power relations between actors, reconfiguring governance structures, and scrutinizing ideologies that mediate how water is used and distributed.

Artisanal and small-scale gold mining and biodiversity: a global literature review.

Artisanal and small-scale gold mining (ASGM) is crucial to the livelihoods of close to 20 million people in over 80 countries, including 4-5 million women, mainly in rural areas with limited alternative economic prospects, particularly in developing countries. ASGM is largely informal, which can add to the challenge of addressing negative social and environmental effects including impacts on biodiversity. However, with proper guidance, ASGM can operate in a responsible manner, using cleaner production methods that minimize impacts on human health and the environment. This study presents and analyzes the interactions between ASGM and biodiversity based on new findings from 27 ASGM National Action Plans (NAPs) developed within the framework of Article 7 and Annex C of the Minamata Convention on Mercury, as well as a global literature review of more than 100 publications. In terms of key findings according to the literature reviewed, alongside other human occupation such as agriculture and industrial activities, ASGM also has an impact on the environment and biodiversity. The interrelationship between ASGM and biodiversity, including protected areas, is pervasive at every stage of ASGM operations, from extraction to mine closure, and generates significant impacts on the surrounding ecosystems. These impacts include, in descending order of most reported impacts: deforestation, soil degradation, chemical contamination of aquatic and terrestrial systems, and changes to the turbidity of watercourses. Tropical regions and key species such as amphibians and freshwater fish are among the most affected. Singly or combined, these environmental stressors lead to loss or deterioration of habitat and, by extension, indigenous biodiversity and ecosystem services. In addition, legal, institutional, and regulatory frameworks and related measures, inadequate or non-existent in some cases, may not necessarily support sustainable practices, often resulting in exploited sites abandoned without remediation, reclamation, rehabilitation, or restoration measures. To mitigate such impacts a key recommendation arising from the literature review is to strengthen the integration of the interrelationship between ASGM and biodiversity in the implementation of existing relevant national strategies, including those developed under the NAPs. The global literature review also highlights the importance of a multi-stakeholder, systemic approach combining the use of geospatial analysis, scientific and local knowledge, as well as the adaptation of the relevant frameworks, capacity building, and awareness raising. This approach can inform decision making with a view to developing sustainable initiatives that prevent and reduce the impacts of artisanal and small-scale gold mining on ecosystems, and that preserve biodiversity.

A Comprehensive Literature Review of Marital Dissolution in the Philippines: Legal, Socio-Cultural, and Feasibility Perspectives

This research provides an overview of the topic of annulment and the possibility of divorce in the Philippines. The study used a qualitative approach through case studies to collect and identify experiences and to explore the legal framework of annulment, socio-cultural factors influencing attitudes towards annulment, the impact of annulment on individuals and families, public perceptions and stigmatization, the feasibility of introducing divorce as an alternative, and international practices and case studies of divorce. Defined by Executive Order No. 209, under the Family Code of the Philippines, outlined the grounds for annulment. Due to the country’s predominantly Catholic population, the Philippines’ socio-cultural influences have shaped the attitudes of its fellow citizens towards annulment, with an additional increasing acceptance of divorce as a practical solution. Meanwhile, impact studies show positive and negative consequences on individuals and families, showing that coping mechanisms play a crucial role in reducing difficulties. On the other hand, public perceptions and stigmatization of annulment require further research. Lastly, the feasibility of introducing divorce within the Philippines may encounter challenges due to different factors. Further research on international cases may offer additional insights into the legalization of divorce and managing its social implications. The study highlights the difficulties of ending marriages in the Philippines. The researchers wanted to recommend this work to future researchers conducting a study about divorce and the Philippine system to create support connections and legal reforms to ensure the protection and well-being of individuals and families when going through relationship changes.

Status and Possible Further Development of the Prohibition of Starvation of Civilian Population in Armed Conflicts

The main objective of the research is to determine whether the legal rules of international law of armed conflict and international criminal law regarding the prohibition of starvation of civilians as a method of warfare are appropriate to the increasingly widespread practice of starvation in armed conflicts and what the main challenges are. The authors analyze the content and scope of relevant rules, including those that indirectly refer to the prohibition of starvation – for the protection of vulnerable groups, siege, blockade, evacuation, humanitarian relief operations, etc. They take a dynamic and critical approach to this issue. They dynamically analyze the evolution of the prohibition of starvation of civilians under international law from World War II to the present, drawing on relevant examples from international jurisprudence, the work of international bodies and the opinions of legal authors. The authors apply a critical approach to address the need for greater moral stigmatization of starving civilians in armed conflicts. As a part of the critical approach, they see the need for consistent use of the term "starvation", especially when opening new criminal proceedings against the order issuers and perpetrators. They point to the need for patient research and documentation in each case to gather evidence to the best possible extent. Regarding the existing international legal framework, they see the possibility of creating additional legal rules by introducing a distinction between the basic and qualified forms of a criminal offence.

Consumer Protection and Organizers' Responsibilities for Concert Cancellations in Indonesia

This research discusses the legal protection of consumers and the responsibility of event organizers for concerts that are canceled, with a case study of the 2022 Berdendang Bergoyang Festival. Canceled concerts often have a negative impact on consumers and challenge the organizers' legal responsibilities. This research aims to analyze the legal aspects involved in concert cancellations, as well as to evaluate the effectiveness of existing consumer protection regulations. The research method used is normative juridical legal research with a case study approach. The research results show that there is a lack of clarity in the legal framework governing concert cancellations, which can lead to conflict between consumers and organisers. In addition, consumer protection does not yet fully cover event cancellation situations that are beyond the organizer's control. Therefore, it is necessary to improve consumer protection regulations and increase legal awareness among event organizers. This research contributes to understanding the legal dynamics related to concert cancellations and formulating recommendations for improving regulations that can increase consumer legal protection and clarify organizers' responsibilities in dealing with canceled concert situations held.

How much do Mexicans pay for regulation in the transportation of oil products?

The new oil derivatives transportation scheme proposed by the 2013 Mexican Energy Reform allowed new participants to enter the sector. The new legal framework requires fulfilling many requirements and corresponding duties for the transportation of oil products. The Mexican government already has an institution dedicated to measuring the regulatory cost of each federal procedure. This work aims to quantify the regulatory costs associated with the procedures and their compliance to obtain permits for transporting oil products by truck. We use the standard cost method to measure these costs, considering all associated costs. The results showed that two government offices did not adequately measure these costs. They did not consider relevant information on frequency and opportunity costs, resulting in undervaluation and leading to wrong expectations. As a result of this research, we provide a more accurate way of estimating these costs, which brings greater certainty in the budgeting of these projects and, therefore, increases the probability of survival and success.

Innovation Helps with Sustainable Business, Law, and Digital Technologies: Economic Development and Dispute Resolution

This paper discusses the dispute resolution procedure that innovative digital commerce has adopted for the future for sustainable business. As digital trade becomes increasingly important for economic growth, trade-related disputes must be settled in both business and consumer situations. This study examines the advantages of using digital technology to resolve disputes involving digital trade and discusses how digital technology is changing traditional dispute resolution procedures. Conventional trade disputes differ from their digital counterparts because the digital sphere gives rise to more complex trade conflicts that require stronger regulatory resources. The utilization of digital technologies such as blockchain, artificial intelligence, innovation-based models, digital strategies, and others can enhance the efficacy of conflict resolution. Digital technology can assist in resolving disputes with digital trade, even though procedural fairness issues including prejudice and algorithmic opacity may also arise. The research highlights the importance of developing innovative techniques to set up trade dispute resolution procedures and building legal frameworks for jurisdiction, trial, and enforcement procedures in addition to stressing the usage of digital technology.

Harmonizing Legal Frameworks: Bridging the Gap between CEDAW and the Afghan Civil Code in Pursuit of Gender Equality

Afghanistan ratified the CEDAW accord without any conditions in 2003 after the deal was formally recognized by the Ministry of Foreign Affairs in 1980. According to the Vienna Agreement; countries can impose restrictions on United Nations resolutions that contradict domestic laws. The Afghan government has decided not to step in, despite the fact that there is a clash between the CEDAW Convention and the Afghan legal system, particularly the Civil Code. The parties to the CEDAW Convention remove from their legal systems any clauses that restrict gender equality as specified by the convention. This article compares and contrasts the rights and obligations regarding marriage, divorce, inheritance, guardianship, custody, and proclamation found in the Afghan Civil Code with Article 16 of the CEDAW Convention.

On the implementation and functioning of the «Barnahus»

The aim of the work is to study and analyze the Barnahus model through the prism of European experience and the legal system of Ukraine. The methodological basis of the study is the dialectical method of scientific knowledge, since the genesis of the «Barnachus» model was revealed with its help. From the standpoint of the value approach, legal ideas, the normative legal framework and law enforcement practice were investigated. The work uses such general scientific methods as: system analysis, ascent from the general to the specific, analogy, generalization, comparison, as well as the principle of historicism, social and objective approach, which contributed to the disclosure of the features of the «Barnachus» model as a whole and its components, in particular. Special-legal methods, such as comparative- legal, formal-dogmatic, sociological-legal, cultural-legal. Results. The article is devoted to the Barnahus model, which is currently an innovative model at the European level in the field of combating violence against children and child-friendly justice. Ukraine, striving to become a full-fledged member of the European Union, has undertaken a number of obligations, including to provide children with additional procedural guarantees during their interrogation (questioning) in criminal proceedings. The article examines and analyzes the Barnahus model through the prism of European experience and the legal system of Ukraine. The author analyzes the basic ideas of the Barnahus model; examines the peculiarities of the formation and development of the Barnahus model in the legal systems of Scandinavian countries; clarifies the European quality standards of the Barnahus model as a result of the PROMISE network; examines the organizational and legal framework for the implementation and functioning of the Barnahus model in Ukraine; analyzes the impact of national legislation on the functioning of the Barnahus model in Ukraine, revealing certain problematic aspects. Conclusion. It is established that the Barnahus model is a multidisciplinary program for child victims and child witnesses of violence or cruelty, organized in a child-friendly environment and under one roof to ensure effective protection, quick access to justice, and the provision of necessary services. It is proved that its main task is to cooperate «under one roof» of an interagency and interdisciplinary team involved in juvenile criminal justice for effective coordinated work (collecting evidence, providing services, creating a child-friendly environment, helping to return to their usual life, etc.) and achieving maximum interaction with child witnesses or child victims of violence or cruelty.

Publishing and Copyright Laws in Nigeria: A Critical Review

This paper examines the state of publishing and copyright laws in Nigeria while considering the historical context, current impact, and the pressing need for reform. Publishing not only preserves and propagates knowledge but also stimulates economic growth. However, the vitality and sustainability of this sector heavily depend on the legal framework governing it, primarily the copyright laws. These laws are not only essential for safeguarding intellectual property but are also pivotal in ensuring the prosperity of authors and publishers alike. A comprehensive review of the state of publishing and copyright laws in Nigeria reveals a multi-faceted narrative, one fraught with historical legacies, contemporary challenges, and a pressing need for reform. An examination of the publishing and copyright laws in Nigeria, suggests that this dynamic relationship significantly impacts the nation’s cultural and economic landscape. The Nigerian publishing industry, with its rich literary tradition and vibrant creative voices, stands as a testament to the importance of effective copyright legislation. The paper observes that Nigeria’s copyright laws suffer from inadequacies in adapting to the digital age, weak enforcement mechanisms, and limitations in international recognition. These issues hamper the industry’s growth and hinder the full realization of its potential. Nonetheless, there is hope on the horizon. The Nigerian government has recognized the importance of reforming copyright laws and supporting the creative sector. The paper recommends that the government should embark on a comprehensive review and update of the Copyright Act to address digital rights, licensing, and enforcement issues, making it more relevant to the digital age and Nigeria should actively engage in international agreements and organizations that promote copyright protection. This engagement will enable the global recognition of Nigerian works and expand market access for local publishers.

Comparative study of the legal framework for the medical care of people with differences of sex developmental (DSD) across the world

Comparative study of the legal framework for the medical care of people with differences of sex developmental (DSD) across the world

Governance of Non-Profit Organizations in Developing Countries: Malaysia and Indonesia

Non-profit organizations (NPOs) play a significant role in the implementation of Sustainable Development Goals (SDGs) by serving as intermediaries between governments, communities, and businesses, facilitating the localization and contextualization of global goals, including developing countries. Malaysia and Indonesia are two prominent developing countries in Southeast Asia. Despite sharing similar socioeconomic contexts, both countries may exhibit different approaches to regulating and governing their non-profit sector. Drawing upon the existing literature and governmental documents, this study discusses a comparative analysis of the regulation and governance of NPOs in Malaysia and Indonesia. Specifically, this study discusses the similarities and differences in terms of the legal framework governing the formation, existence, and tax treatment for NPOs in both countries. By identifying the similarities and differences, this study contributes a deeper understanding of the opportunities and challenges governing NPOs in developing countries.

International military-space cooperation of Ukraine: legal aspects

Outer space acts as a tremendous resource for the security and defence of a country and the protection of its citizens. Ukraine, despite having to deal with Russia’s full-scale armed aggression, is gradually restoring and building up its space capabilities through cooperation with partner countries. International cooperation in the military and space spheres is manifested as a whole through bilateral treaties on military geography, exchange of various kinds of information that has been obtained through space activities. The space origin of many types of data is no longer unusual and has long been used in the management of military forces. The article is devoted to the modern issues of legal aspects of international military-space cooperation of Ukraine. The research enlightens the importance of legal regulation in the field of space activities to ensure national security and emphasizes the role of legislation in the organization and regulation of space activities, as well as the importance of global partnership and cooperation in achieving space security goals. In the context of the war in Ukraine, there is a need to strengthen international cooperation. Also, it is necessary to expand government-funded military space endeavors and develop a coherent plan for the development of military space cooperation aimed at ensuring national defence interests with allied countries. In addition, the most important activities along this path are strengthening interdepartmental coordination between government agencies involved in space activities, improving the legal framework and elevating the qualifications of space industry and military specialists through the reasonable application of international best practices and advanced experience.