Legal Issues Research Articles

A scoping review of the legal and ethical challenges with the use of normothermic regional perfusion in controlled donation after circulatory determination of death from 2005 to 2023

Use of normothermic regional perfusion (NRP) to enable organ reconditioning and assessment in donation after circulatory determination of death is controversial. We conducted a scoping review of peer-reviewed articles, news media, legal literature, and professional society position statements addressing ethical and/or legal issues in use of NRP in controlled donation after circulatory determination of death from January 1, 2005, to January 5, 2024. Thematic analysis, assessing the 4 principles of bioethics (autonomy, beneficence, nonmaleficence, and justice) and subthemes identified within each, was conducted for the 112 publications meeting inclusion criteria. More than 30 publications addressed the topic in each of 2022 and 2023, vs ≤6 per year previously. Nonmaleficence was the most frequently addressed bioethical principle (111/112 publications), and the most varied, with 14 subthemes. Attitudes toward NRP differed by type of NRP: of 72 publications discussing thoracoabdominal NRP, 22 (30.6%) were “In Favor,” 39 (54.2%) were “Neutral,” and 11 (15.3%) were “Against”; of 44 discussing abdominal NRP, 23 (52.3%) were “In Favor,” 20 (45.5%) were “Neutral,” and 1 (2.3%) was “Against.” Attitudes differed by authors’ country, degree, and affiliation, and by the clinical focus of the publishing journal. Overall, our review shows that the ethical and legal issues raised by NRP remain unresolved, and the debate centered on nonmaleficence.

The Awakening and Challenges of Women's Rights: A Comparative Study under the Influence of the American Revolution and the French Revolution

Both the American Revolution and the French Revolution saw the emergence of women's rights in the modern West to a certain extent. Although both the French Revolution and the American Revolution were characterised by the struggle for women's rights, there were notable differences in the specific ways, times, and challenges they faced. This paper compares the emancipatory effects of the two revolutions on women and the independent links between women's emancipation in the local social and political contexts. It reveals that women's emancipation in the modern West was influenced by the unique internal structure of each country's society at the time. It is revealed that during the French Revolution, women's struggle for rights was more centred on the domestic and social level than on direct participation in the political decision-making process due to the development of capitalism in France. Conversely, women in the American Revolution were more concerned with political, legal, and social issues. This essay will examine the chronology of the pre-revolutionary, revolutionary, and post-revolutionary periods, with a focus on the differing national and revolutionary contexts of the two countries, the varying status of women, and the divergent approaches to the fight for women's rights.

Relocation of Rempang residents due to state-owned land

The government's obligation is to manage land for public and private purposes in accordance with the mandate of Article 33 Paragraph (3) of the 1945 Constitution which states that land, air and natural resources are controlled by the state for the greatest prosperity of the people. The relocation of Rempang residents became news that was conveyed because it received resistance from local residents and was a resonant action as a result of Presidential Decree Number 41 of 1973 which stated that the management rights of Batam Island were handed over to the Batam Authority, which means that the entire island area located on Batam Island was handed over with rights status management to Batam authorities. The legal issues raised by the author are first, how is the relocation of Rempang residents over control of state-owned land and second, what are the legal consequences of the relocation of Rempang residents over control of state-owned land. The aim to be achieved by this author is to analyze the implementation of the relocation of Rempang residents over control of stateowned land and to analyze the legal results of the relocation of Rempang residents over control of state-owned land.

Modern legal problems of application of countermeasures as a type of international responsibility

The paper highlights of the current legal issues of applying countermeasures as a type of international responsibility. The study focuses on the fact that the concept of countermeasures and the mechanism of their application in modern international law is undergoing transformation and modernisation. Attention is drawn to the urgency of solving the legal problems identified by this study, which is inextricably linked to the conduct of hostilities in Ukraine. Among the legal issues which need to be urgently addressed by legal science and practice, the paper lists the following: formation of a modern concept of countermeasures in international law, taking into account the purpose of their application to the offending State, which is relevant to the time; construction of the so-called ‘roadmap’ for the application of countermeasures, in particular, with regard to the types and procedures which may be applied; use of countermeasures in cyberspace and use of collective countermeasures. The study substantiates the generalisation of the purpose of applying countermeasures as a way to encourage the offending State to fulfil its obligations to the international community. The paper proves the need to build such a ‘roadmap’ for the application of countermeasures, including the use of countermeasures in cyberspace. Attention is drawn to the recognition by legal science and practice of the possibility of applying collective countermeasures, subject to strict limitations in the application procedure. It is emphasised that the list of legal issues in the field of application of countermeasures in modern international law is not exhaustive. In modern international law, there are a number of legal and practical problems related to the application of countermeasures which need to be addressed through further scientific discussions and subsequent improvement of international norms, taking into account the problems outlined in this study.

Palliative Extubation Protocol

Introduction: Palliative Extubation (PE) is considered to be the discontinuation of mechanical ventilation in patients whose death is inevitable, prioritizing comfort and respecting the patient’s wishes. This study focuses on definitions, ethical, and legal issues, as well as challenges faced by healthcare professionals.Objective: To explore PE as part of the transition in care, emphasizing symptomatic relief and continuity of PalliativeCare. A protocol and checklist for PE is proposed to guide professionals through the process.Method: Review of definitions, ethical, and legal aspects and presentation of a protocol and checklist for PE. Description of PE methods, including withdrawal of ventilatory support and the complexity of the decision.Results: The decision for PE must respect bioethical principles, patient autonomy and consider prognostic factors. The importance of analgesia and sedation is highlighted.Discussion: Ethical and legal aspects, such as Resolution 1805/2006 of the Federal Council of Medicine support PE, emphasizing the dignity of the patient and the right to therapeutic refusal. The updating of the Code of Medical Ethics in 2018 reinforces the provision of palliative care in terminal illnesses.Conclusion: PE is a complex and delicate practice in Intensive Palliative Care. The review highlights the importance of ethical and legal considerations and specific care when making decisions about PE, emphasizing quality in the dying process and relief of suffering.

Indonesian Consulate General in Davao in Protecting the Rights of the Indonesian Citizens in Mindanao

In 2016, the Indonesian Consulate General in Davao and UNHCR registered 8,745 Persons of Indonesian Descents (PIDs). Furthermore, 2,399 of them have been confirmed as Indonesian citizens. Since 2020-2023, there have been approximately 30 cases experienced by the Indonesian diaspora in Mindanao such as criminal acts and lack of documents for Indonesian citizens. This research aims to analyze how the Indonesian Consulate General in Davao's efforts to provide legal protection to the Indonesian diaspora in Mindanao. This research uses a qualitative method by collecting secondary data from literature studies such as books, journal articles, websites, reports, and another research. The findings of this study show that the Indonesian Consulate General in Davao in providing assistance on various legal issues, offers legal assistance to Indonesian citizens involved in various criminal and civil cases by providing or arranging the services of lawyers. The Indonesian Consulate General in Davao also cooperates with the Philippine Department of Justice (DOJ), with the assistance of UNHCR Philippines in order to provide legal identity to undocumented Indonesian citizens.

Legal Issues about Assisted Reproductive Technology

Legal Issues about Assisted Reproductive Technology

Legal Issues between the Opening Bank and the Bonded Warehouse Operator in the Letter of Credit Transaction - Focused on the Supreme Court Decision 2022da208649 -

Legal Issues between the Opening Bank and the Bonded Warehouse Operator in the Letter of Credit Transaction - Focused on the Supreme Court Decision 2022da208649 -

Applications and issues of artificial intelligence in the financial sector

This paper investigates the application of artificial intelligence in the financial sector, analyzing the existing technical, ethical, and legal issues, and proposing corresponding solutions. The research background highlights the widespread use of AI technology in the financial industry and the efficiency and cost benefits it brings. The research focuses on challenges related to data quality, feature engineering, model complexity, real-time capability, computational resources, and data privacy protection. The research method includes literature review and case analysis, revealing the applications of AI technology in stock prediction, risk management, trading strategy optimization, and customer service. The results indicate that effective data cleaning, automated feature engineering, model simplification and regularization techniques, the use of interpretability tools like LIME and SHAP, and the introduction of fairness evaluation standards can significantly enhance AI model performance and transparency. The conclusion points out that these measures can not only solve the current technical and ethical issues of AI in the financial sector but also promote the widespread application and standardization of AI technology in other fields.

Research on Legal Issues of Tax Collection and Administration for Online Live Streaming Rewards

With the tide of the digital economy, an increasing number of individuals are showcasing their talents through online live streaming and earning reward income. However, compared to other income sources of the streamers, the nature of live streaming rewards presents a significant challenge to tax authorities due to its concealed characteristics. Based on the current legislative status in our country, this paper deeply analyzes the connotation and classification of live streaming reward income, revealing numerous issues faced in the field of tax collection and administration. These issues include but are not limited to the ambiguity of the taxpayer, unclear tax categories and rates, imperfect tax reporting systems, underdeveloped tax information sharing mechanisms, and an incomplete tax credit system. To effectively address these challenges, this paper constructs an overall framework around the elements of taxation and, in conjunction with existing tax laws and regulations, proposes practical and feasible suggestions for improvement.

Development of Tax Avoidance Research in Asia through Bibliometric Analysis

This research employs a bibliometric analysis to investigate the development and trends in tax avoidance research, focusing specifically on the Asian context. Utilizing data from Google Scholar, the study covers literature published between 1938 and 2024. The analysis identifies key thematic clusters including corporate tax avoidance, international tax strategies, and legal frameworks, highlighting the evolution of research focus from foundational legal issues to complex multinational tax practices and ethical considerations. The study also uncovers underexplored areas such as the incentives driving tax avoidance behavior and the role of audit committees, presenting opportunities for future research. Furthermore, the author collaboration network reveals a landscape with significant yet underutilized potential for interdisciplinary cooperation. This comprehensive overview not only enhances understanding of the tax avoidance research landscape but also underscores the need for continued scholarly exploration and collaboration to address emerging challenges in the field.

Indonesian Law and Artificial Intelligence: Balancing Accountability, Ethics, and Innovation

Artificial intelligence (AI), which includes computing for perception, cognition, and action, raises complicated legal issues. This research investigates AI’s influence and legal implications, focusing on its autonomy in communication and creativity, which raises problems about language, intellectual property, and ethical accountability. Discussions differ depending on whether they are influenced by the Common Law or Civil Law systems. While Common Law defines AI as “computer-generated work,” Civil Law tends to see AI as a legal thing. This research aims to formulate a solid ground for an AI legal framework in the Indonesian national legal system. The research undertaken involves a thorough analysis of academic literature, focusing on the legal and ethical implications of AI, highlighting the need for a nuanced perspective to define its subjectivity. In conclusion, the complex interplay between artificial intelligence (AI) and legal principles involves reframing old terminology. Existing models for AI duty are called into question, and vicarious liability is one possible answer. AI is a derived law problem, so it needs to be carefully calibratedfor responsible innovation while also keeping ethics and technological progress in check.

Theoretical and legal issues of defining digital currencies as an administrative and legal phenomenon

The last decade has seen a rapid growth of innovations in the field of IT technologies, one of the consequences of which was a change in the approach to the payment system – for the first time in human history, electronic records rather than real funds were provided in exchange for goods and services, which made it possible to represent money and currencies in a virtual form. The emergence of cryptocurrencies and the development of electronic payment systems have created the basis for the emergence of digital currencies, a technological innovation that performs the exchange functions of money, but operates outside the modern banking sector and has developed outside the supervision of monetary regulators. Since the first digital currency, bitcoin, was created, the digital currency market has been growing rapidly and has already become significant for the global economy. Currently, digital currencies are widely used in the economic and legal environment of Ukraine. Despite certain attempts by the national legislator to regulate relations in the field of digital currencies, a number of aspects remain unaddressed by the legislator, there is legal uncertainty regarding activities related to digital currencies, there is no regulation of the procedure for the activities of entities providing services in the field of digital currencies, and, most importantly, the terminology for defining the definition of digital currencies in the legal plane is not regulated at the doctrinal level. This is important in the context of the development of administrative law and the related phenomenon of "digital currency". The purpose of the paper is to study the theoretical and legal issues of defining digital currencies as an administrative and legal phenomenon. The paper examines the definition of the category «digital currency» – a digital object intended for payment functions contained in the form of a set of electronic data (digital code or designation) in an information network operating on the basis of distributed ledger technology, the circulation of which is regulated by administrative law. The analysis has shown that there are numerous approaches to understanding legal relations in the field of digital currency circulation. These relations are based on the principles of discretion and equality of the parties with a mandatory method of legal regulation. Therefore, administrative legal relations in the field of digital currencies are social relations regulated by administrative law regarding the possession, use and disposal of digital currencies in accordance with the rules of administrative law.

Exploring a guide for codes of ethics for the development of ethical competence in Iranian nursing students: a systematic review and meta-synthesis

BackgroundImproving the ethical competencies of nursing students, as an important dimension of professional competence, is a primary objective of nursing education. Thus, this study aimed to explore a guide for codes of ethics for the development of ethical competence among nursing students in the healthcare system of Iran.MethodsThis is a systematic review and meta-synthesis of qualitative studies conducted in the healthcare system of Iran. The review included studies published between January 1, 2000 and March 2024. We conducted a comprehensive search in various international and national databases, including Web of Science, PubMed, Embase, PsycINFO, Cochrane Library, CINAHL, Scopus, Barakatns, MagIran and SID. Initially, 86 qualitative studies were identified, and after a meticulous screening process, 39 studies were carefully reviewed. Finally, 10 qualitative studies were selected for analysis. The meta-synthesis employed an interpretive approach by thematic synthesis.ResultsBased on our results, four main themes and 10 categories, along with summarized codes, were extracted as crucial elements of the codes of ethics for the professional competence of Iranian nursing students. The main themes identified were knowledge, standards, experiences, and attitudes (KSEA).ConclusionsThe concept of codes of ethics for developing professional competencies in Iranian nursing students was detected as a multidimensional concept with four major areas. By emphasizing the rights of clients and the standardization of nursing practice, this set of ethical codes can contribute to preventing clinical errors and legal issues at hospitals and educational settings. Furthermore, it fosters a positive environment that encourages professional behaviors among nursing students. Nursing students, as future nurses, should apply codes of ethics when facing emerging ethical challenges. Nurse educators have a crucial role in providing students with the necessary preparation and guidance during their professional socialization process in nursing schools.

Cannabis sativa as an Herbal Ingredient: Problems and Prospects.

Cannabis sativa, otherwise known as hemp, is discussed to highlight the various problems and prospects associated with its use as an herbal ingredient. The chemical composition of hemp, with classification based on cannabinoid contents, its biological activities, current global scenarios and legality issues, economic importance, and future prospects, are discussed.

Research on the Legal Issues of Personal Information Protection under the Civil Code

The promulgation of the Civil Code marks that China's personal information protection has moved to a higher level, and the Basic Law has completed the superstructure of personal information protection. In recent years, the theoretical research and judicial practice of personal information protection in China have made great progress. However, the legislation of the Civil code defines the protection of personal information as the interests of personality rather than the rights of personality, especially in the context of the increasing infringement of personal information in the network field, this drawback will lead to the limited and scattered protection of personal information. With the human society entering the information network era, the Civil Code should separate the protection of personal information into a chapter, redefine it as the right of personality, and coordinate with the supporting rules of the protection of personal information, so as to form a personal information protection legal system dominated by the right of personal information.

Legal Analysis of the Consumer Protection Law in the Promotion of Alcohol with Ethnic and Religious Elements by Holywings on Instagram

Promotional efforts are crucial to a company's marketing strategy. However, Holywings' promotion offering free alcoholic beverages to individuals named Muhammad and Maria violates Law Number 1 of 2024 on electronic information and transactions, specifically Article 28, paragraph 2. This article prohibits spreading information that incites hatred or enmity based on ethnicity, religion, race, and inter-group distinctions (SARA). This research analyzes promotion regulations under this law and the responsibilities of businesses concerning promotions involving ethnic and religious elements, as outlined in Law Number 8 of 1999 on Consumer Protection. Using a normative juridical approach, this study examines literature, secondary data, and statutes to address the legal issues. The research employs qualitative analysis to systematically gather and analyze data, aiming to compile relevant theories, concepts, legal principles, and regulations. The result indicate that legal protection for consumers regarding promotions with ethnic and religious elements is upheld by Article 4, letter g of the Consumer Protection Law, ensuring fair, honest, and non-discriminatory treatment. Additionally, Article 17, Paragraph 1, Letter f prohibits business actors from engaging in such advertising, while Articles 19 and 20 outline their accountability.

Legal Issues of Cross-Border Data Transfer in the Era of Digital Government

Legal Issues of Cross-Border Data Transfer in the Era of Digital Government

Artificial Intelligence in Detection, Management, and Prognosis of Bone Metastasis: A Systematic Review.

Metastasis commonly occur in the bone tissue. Artificial intelligence (AI) has become increasingly prevalent in the medical sector as support in decision-making, diagnosis, and treatment processes. The objective of this systematic review was to assess the reliability of AI systems in clinical, radiological, and pathological aspects of bone metastases. We included studies that evaluated the use of AI applications in patients affected by bone metastases. Two reviewers performed a digital search on 31 December 2023 on PubMed, Scopus, and Cochrane library and extracted authors, AI method, interest area, main modalities used, and main objectives from the included studies. We included 59 studies that analyzed the contribution of computational intelligence in diagnosing or forecasting outcomes in patients with bone metastasis. Six studies were specific for spine metastasis. The study involved nuclear medicine (44.1%), clinical research (28.8%), radiology (20.4%), or molecular biology (6.8%). When a primary tumor was reported, prostate cancer was the most common, followed by lung, breast, and kidney. Appropriately trained AI models may be very useful in merging information to achieve an overall improved diagnostic accuracy and treatment for metastasis in the bone. Nevertheless, there are still concerns with the use of AI systems in medical settings. Ethical considerations and legal issues must be addressed to facilitate the safe and regulated adoption of AI technologies. The limitations of the study comprise a stronger emphasis on early detection rather than tumor management and prognosis as well as a high heterogeneity for type of tumor, AI technology and radiological techniques, pathology, or laboratory samples involved.

Legality Of IDK Stablecoin In Legal Perspective In Indonesia

Stablecoins have emerged as an innovation in the cryptocurrency ecosystem, offering the desired stability of value while maintaining the decentralized characteristics of blockchain technology. One such example is the stablecoin IDK, which claims to provide stable value and wide usage in Indonesia. However, the development of these stablecoins raises important questions about their legality within the Indonesian legal framework. This article aims to analyze the legality of the IDK stablecoin from an Indonesian legal perspective, focusing on regulatory aspects, legal validity, consumer protection and its potential impact on the country's monetary and financial system. This research uses a normative legal analysis method by referring to relevant legislation, the views of financial authorities, and existing legal principles. First, this article will examine the existing regulatory framework in Indonesia regarding cryptocurrencies and digital assets, and its relevance to the IDK stablecoin. Second, we will discuss the legal validity of the IDK stablecoin from a contractual and currency perspective, as well as whether this is in accordance with applicable legal principles. Finally, this article will analyze the potential impact of the use of the IDK stablecoin on the Indonesian monetary and financial system, including implications for monetary policy, financial stability and consumer protection. The results of this study are expected to provide a deeper understanding of whether the IDK stablecoin complies with Indonesian law. The implications of this analysis can provide guidance for regulators, industry players and other related parties in dealing with legal issues that arise along with the development of financial technology. As such, this article can become a foundation for further discussion on stablecoin regulation in the context of Indonesian law.