Legal Law Research Articles

Хуту против тутси в Бурунди: почему местные «линчеватели» – это угроза будущему государства?

Burundi has a long history of political violence and vigilantism that were particularly widespread in the context of the 1993–2005 civil war. During this period, various armed groups and militias emerged and engaged in violent attacks against civilians, rival rebel groups, and even government forces for ethnic or political reasons. In the aftermath of the civil war, the government of Burundi has struggled to address the legacy of violence and establish a stable political system. Yet vigilantism remains a significant issue in Burundi, with reports of civilians taking the law into their own hands in response to perceived threats and injustices. In some areas, local communities have organized vigilante groups to protect themselves from different crimes, while police as the only legal law enforcement actor to fight crime remains unsuccessful in providing proper security. However, vigilante groups also engage in extrajudicial acts of violence, such as lynching, or mob justice, and can exacerbate existing ethnic tensions and conflicts. The article concludes that long-term interethnic antagonism, coupled with experience of mutual extermination, can become the main catalyst for vigilantism that presents a threat for the overall stability of political system.

«ՔԱՂԱՔԱՑԻԱԿԱՆ ՀԱՍԱՐԱԿՈՒԹՅՈՒՆ» ԿԱՏԵԳՈՐԻԱՅԻ ԻՄԱՍՏԱՎՈՐՈՒՄՆ ԻՐԱՎՈՒՆՔԻ ԳԵՐԱԿԱՅՈՒԹՅԱՆ ԼՈՒՅՍԻ ՆԵՐՔՈ

Within the framework of the article, the essential impact of the supremacy of law as a fundamental principle on society, its organizational and functional aspects was discussed and analyzed. As a result of the analyzes carried out within the framework of the article, the substantive aspect of the legal society was presented, according to which it is a liberal, democratic, pluralistic, open society formed as a result of the operation of the fundamental principle of the supremacy of law, the main subjects of which are considered to be free people living within the framework of a common legal law and a common legal system, legal entities-individuals.

HRYHORII SKOVORODA: PHILOSOPHICAL AND LEGAL CONNOTATIONS OF THE TEACHINGS OF THE UKRAINIAN THINKER

The article is devoted to the study of legal aspects of the philosophical teaching of Hryhorii Skovoroda. Despite all the paradoxes and symbolism of Skovoroda’s philosophical teaching, the search for a moral and religious basis in all social phenomena, and therefore both legal and state, makes him one of the most original adepts of the natural-legal understanding of the law. And in this, we see a certain heredity (with all the originality, originality, and much larger scale of the personality) of Kozachinsky’s views. The heart itself is the main thing in achieving kinship (‘kinship’) - correspondence between inner and outer, between God and 'creature'. And although Skovoroda did not use the concepts of natural law and positive law, the correspondence of the second to the first (that is, the legal law) seems to be a kinship. The thinker combines mind, heart, and action into one: “...the heart is the thought of the abyss...thoughts are the seed and source of actions”. Skovoroda's attachment to natural law understanding is evidenced, in particular, by the fact that two natures in a person are also manifested in the presence of two laws (the internal – natural and external – human, positive should be understood by analogy). Through the category of kinship, Skovoroda implements ideas consistent with Western rationalist concepts of justice and moral autonomy of the individual. They were manifested through the concept of ‘kindred work’. The kinship of each person is manifested in related work, which makes them happy, and society – harmonious. Kindred work is a consequence of ensuring justice in society, and it is embodied through law. Belief in knowledge, in humanism, in human nature and its improvement – all this gives reason to attribute Skovoroda’s teachings to the Enlightenment, and not only Ukrainian but also European. The rationalist component, the understanding of the unity of man and the world, and the search for the harmonization of the individual and society are arguments in favor of the statement that Ukrainian classical philosophy (including the philosophy of law) begins with Skovoroda. Mysticism, symbolism, and especially the intuitionism of Skovoroda’s teaching in some aspects go beyond even classical philosophy (in particular, the philosophy of law), and therefore have features characteristic of non-classical philosophy and the philosophy of law of the 20th century. For Skovoroda, the mystical and spiritual are inseparable from the rational, hence the same ‘mind of the heart’ that creates the unity of psycho-emotional and intellectual-rational principles in a person and the understanding of the content of law or natural law. The thinker did not dwell on the specifics of the philosophical justification of law itself. The doctrine of two natures and three worlds, along with a clear awareness of the non-legal nature of the positive casuistic law of Skovoroda’s time with its inquisitorial process, written and closed procedure, as well as stability, created the thinker’s original idea of justice and truth as the basis of law.

“Analisis Pada Pekerja Yang Mengalami Pemutusan Hubungan Kerja Karena Kesalahan Berat”

For employees and laborers in Indonesia, termination of employment is an inevitable fact, and laws regulating termination of employment are sought after in relation to the rights earned when termination happens. The worker's relationship with the employer may be terminated by the employer for reasons other than the worker's own actions or corporate decisions. For example, there are workers who are subject to termination because they committed an act of serious negligence and are still entitled to protection under the law. The issue at hand is how various termination-related legal laws have varying effects and how Law No. 11 of 2020 about Job Creation will modify the termination process and protection. The goal of this study is find out the laws and regulations governing termination and what are the legal instruments that support the rights of workers / workers affected by termination. This research uses exploratory qualitative methods using data through primary and secondary data sources. Based on the results of research, workers / workers get legal uncertainty regarding the rights obtained if they are terminated due to gross error.

WHISTLEBLOWER’S REGULATION – LEGAL AND ETHICAL PERSPECTIVES ON EU DIRECTIVE TRANSPOSITION INTO NATIONAL LAW

This article is analysing the legal perspective on whistleblowing, at European and national level, focusing on the scientific studies’ results and theories, emphasizing nuances which worth discussing in order to a better understanding of the social phenomenon and of individual psychological decision process for reporting a wrongdoing or the suspicion of a possible breach. We are also arguing that current whistleblower regulations must take into account both the European directive and recent research in this field, pointing out some question which are raising from the lack of the ethical and cultural focused research of Romanian society perspective on whistleblowing, considering also the recent past experiences of Romanians with political police actions in years of communism. We are establishing a few research directions which we conclude that could bring the knowledge to drawing a more relevant and applicable whistleblowing law.

WAJIB PAJAK: ASAS, MANFAAT DAN LEGALITASNYA DALAM HUKUM ISLAM

This study comprehensively describes taxpayer law's legality in Islam, its principles and its benefits. This research is a literature study with a normative juridical approach. The data collection technique used in this research is the documentation technique. At the same time, the analysis technique used in this research is descriptive. The primary data in this study are online scientific journals and books directly related to the object being researched, namely online scientific journals or books related to taxpayers: principles, benefits and legality in Islamic law. From this research, it can be concluded that tax legality in Islamic law is permissible. The legal basis of this tax law is based on the Qur'an, al-Hadith and the opinions of the scholars. Taxes are allowed but with due regard to certain conditions; namely, they must be fair, equitable and not burden the people. In comparison, the principles of tax collection include the principle of territory, the principle of nationality, the principle of sources, and the principle of equality. Tax benefits include helping economic growth, providing sources of revenue for state financing, providing employment, distribution of wealth and income and increasing savings by limiting the consumption of unnecessary goods that have no use and are only ceremonial.

Review: Women, Islam, and the Abbasid Identity, by Nadia Maria El Cheikh

Review: <i>Women, Islam, and the Abbasid Identity</i>, by Nadia Maria El Cheikh

Legal Protection of Pauman Land in Karangasem District

Disputes over the registration of pauman land as individual plots through PTSL have been frequent. The author sees a gap between the predetermined norm and the implementationof the practice that exists in the awig-awig of Pura Pauman. The issues studied are related to pauman's legal status as a legal subject who can have land rights, and the model of registering Pauman's land rights. It is an empirical legal study with a statute, historical, case, an analysis of legal concepts, and legal sosiology approach.&#x0D; There are steps that can be taken to ensure that pauman has a strong position of ownership over the land, that is including using the subject of the temple, which is recognized by Decree of the Minister of Home Affairs Number SK.556/DJA/1986, so that a Certificate of Property Rights (SHM) can be issued on behalf of the Temple. Pauman cannot be referred to as a legal law that can disenfranchise title to land under state law. &#x0D; For pauman who wish to register pauman land remains a communal property right then it would be better to use the subject name of the Temple as opposed to borrowing the name klian. In addition, the Prediction of dispute will exist because there are indications of re-recognition by the puri family so this needs to be anticipated by pauman.

Medical Cannabis Laws and Adolescent Alcohol Use Initiation.

The effects of medical cannabis laws (MCLs) on adolescent alcohol use remains unclear. Previous literature investigates alcohol consumption rather than alcohol initiation among adolescents, and does not examine the effect by sociodemographic characteristics and state-level dispensary status. We used population representative, state-level data to examine the relationship between MCLs and adolescent alcohol initiation. Data for this study were derived from the Youth Risk Behavior Survey (YRBS), a nationally representative, cross-sectional school-based survey administered by the Centers for Disease Control (CDC) in odd-numbered years from 1991 to 2015. We used a difference-in-difference model to assess pre and post effects of state MCL enactment on adolescent alcohol use initiation. Logistic regression analyses assessed associations between MCLs and varying ages of initiation. We further stratified our results by race/ethnicity, gender, and dispensary status. Results from adjusted logistic regression models showed higher odds of initiating alcohol among adolescents in states without MCLs when compared to adolescents in states with MCLs (OR 1.37, [95% CI = 1.29, 1.44]). This effect was consistent across age, race/ethnicity, and gender groups. Reductions in self-report of alcohol initiation were also consistently found in multiple age strata (9-10, 11-12, and 13-14), though this finding did not reach conventional levels of statistical detection in all race/ethnicities. Our findings support a substitutive effect, suggesting that adolescents in states with MCLs, as opposed to states without MCLs, may substitute cannabis for alcohol. Considering the evolving landscape of medical cannabis laws and the proliferation of state-level legalization laws, further research into the effects of such policies, such as adult-use cannabis laws, is warranted to further elucidate their effects on adolescent substance use.

The Effectiveness of Aceh's Jinayat Qanun on Crime Rates in the Community in a Review of Legal Socialization

Qanun Jinayat Aceh reflects Aceh's condition after being recognized as an area that is allowed to implement Islamic law. Even though it is legal, the next problem is how to actualize it so that it is not only a juridical struggle. The challenge in implementing the qanun jinayat by the Aceh government is how to be objective, not sharp down and blunt up. The next challenge is how the community is aware of the law with various legal socializations carried out by the Aceh Islamic Shari'a Service. This research is classified as field research with a qualitative approach. The methodology used is a juridical-empirical study. This means how the law's legality is associated with events and phenomena in the field. The primary sources in this study were informants at the Syariat Islam service in Aceh Tamiang and Langsa City, lecturers in the field of Islamic Criminal Law (HPI) at IAIN Langsa, MPU Aceh Tamiang and MPU Langsa City, and communities around Aceh Tamiang and Langsa cities. The results of the study conclude that the Qanun Jinayat has not been effective in suppressing the crime rate in Aceh. The causes are, first, because legal socialization is not right on target and only touches some levels of society. Second, many people still choose to settle jinayat cases through customary law with light sanctions, which does not have a deterrent effect.

Legal Pluralism in the Context of the Distribution of Women's Inheritance

This paper is a legal pluralism research on the partition of women's inheritance. It investigates the reality that not all existing and applicable legal laws are being followed. Furthermore, the distribution of women's inheritance is regulated in the Compilation of Islamic Law regarding the share of an heir. There is also a judicial institution that resolves disputes with material law and is accessible to the community. However, it is not always used as a downstream dispute resolution that involves inheritance. The emergence of customary law amongst other diverse sources cannot be ignored as having its place within society, which is frequently used to address normatively controlled legal issues. The results of this study showed the settlement of inheritance is not always handled by trial or litigation, particularly for indigenous peoples in Padangsidimpuan City. Hence, to minimize conflict, it is better to decide inheritance issues by consensus amongst families, with regulations that are ambiguous but geared toward the common interest. This paper is expected to be a study among legal practitioners and academics, even though law has restricted the inheritance share of each heir, and society strives to avoid litigation and settle disputes amicably. Therefore, his study can be pursued by examining whether other indigenous groups handle inheritance disputes in the same manner.

Konversi Akad dan Penerapannya dalam Perspektif Fiqih dan Hukum Legal

Long economic recession caused by pandemi covid-19 impacts strongly to the quality of credit’s payment because customer’s payment ability is weaken. In order to solve non performing financing, the government of Indonesia announced the implementation of restructuritation to recover economic condition according to rule from Bank of Indonesia (BI) and Financial Services Authority (OJK). The purpose of this research is to study one of instrument for financing restructuritation namely contract conversion from fiqih’s perspective and legal law’s perspective in concept and implementation. The type of this research is library research with qualitative approach and using descriptive-comparative analysis. Based on this research is found that contract conversion as an instrument was explained detailly in legal rule of restructuritation. The concept of contract conversion was explained in fiqih muamalah with variative implementation. Legal law in economy from some moslem’s country talks about the concept of contract conversion and the way of implementation. In Indonesia, the guidance of legal law is rule of BI and rule of OJK as state institutions who have authority to rule banking and financial system. The implementation of contract conversion in Shariah Bank is also referred to edict of DSN-MUI. The results are 1) Contract conversion is transformation from non performing financing which has ran by stopping it and then create a new contract in different form without new subject, 2) Contract conversion in fiqih’s perspective is more extensive than legal law’s perspective, but legal law is more detailed in technical of implementation.&#x0D; Keywords: contract conversion, fiqih, legal law, Shariah Bank/Islamic Bank

Club Licencing Regulations (CLR) on Infrastructure Aspect in PSSI Bandung and Persib Bandung Football Club: An Evaluation Study

This study aims to evaluate infrastructure aspects hated on the Club Licensing Regulation (CLR) of the City Association (Askot) of the All Indonesian Football Association (PSSI) and the Persib Bandung Football Club (Persib), as well as the effectiveness of in improving the performance of both: Askot and the Persib Bandung. This research is an evaluative study with a Context, Input, Process rind Product (CIPP) review. It has relevance value because of its holistic approach to evaluation to provide a very detailed and broad picture of a program, from its context to the implementation process. Context stages include goals and objectives, legal law and policies, legality, and determination of organizational structure. Input stages include stadium eligibility, control room availability, capacity, first-aid availability, doping control room, field specifications, press and media facilities, audience seats, and supporting accommodation. The process stages include basic rules, operating procedures, facility use, maintenance, and monitoring. The product stages include physical fitness, athlete skills, and club achievement. The process reaches 30.0% in the "very low" category as well as the Product (33.3%). The overall evaluation of the infrastructure aspects based on the CLR on the PSSI Bandung and Persib was 41.50% (very low). Based on the results of a comprehensive evaluation, it is stated that a blueprint to manage the overall objectives and stadium maintenance is needed. It is also needed to overcome the obstacles during the process. It is necessary to lobby for the authority to manage the stadium independently to improve players' physical fitness and skills further because an advanced and sophisticated infrastructure supports it.

The Struggle for Recognition: A Study of the Existence of the Indonesian Ahmadiyya Community in the Concept of Axel Honneth's Recognition

Abstract: The Indonesian Ahmadiyya Congregation (JAI) is one of the Islamic organizations in Indonesia that has developed through a historical process. JAI has struggled to gain recognition from the community, such as social programs and the law's legality. However, JAI remains the target of intolerant groups to carry out persecution because the teachings adhered to by JAI are considered heretical due to different Islamic concepts in general. This study aims to analyze the existence of JAI, such as legal entities, organizational systems, and activities carried out. This study uses a qualitative descriptive method with an interview approach and a literature study. The study results indicate a legal clash between the legality of JAI's law and the law that prohibits JAI's activities. Then the general public does not seek information beforehand about the Indonesian Ahmadiyya Congregation, so the public is consumed by the issues addressed to the Indonesian Ahmadiyya Congregation.

Contract in the mechanism of legal regulation of relations with the participation of consumers

The scientific article is devoted to the study of the mechanism of legal regulation of contractual relations in general and the role of the contract in the means of legal regulation of relations with the participation of consumers. In the article, based on the analysis of scientific literature and current legislation, the structural elements of the mechanism of legal regulation of contractual relations with the participation of consumers are analyzed, their characteristics are carried out, and the place and meaning of the contract in this mechanism is clarified. Elements of the means of legal regulation of contractual relations with the participation of consumers include regulatory basis; legal facts; civil rights and obligations of consumers and business entities; implementation of legal norms and subjective civil rights and obligations; protection of subjective civil rights and legitimate interests of participants in consumer relations. It is proved that the meaning and place of the contract in the legal regulation of contractual relations with the participation of consumers is expressed in the equivalent of the ratio of normative and individual regulators of these relations. The place of unfair contract terms in the ratio of normative and individual in the regulation of contractual relations with the participation of consumers is studied. It has been established that the current state of legal law of relations with the participation of consumers indicates their detailed legal regulation by acts of civil legislation. It was concluded that despite a significant number of imperative norms in the legal regulation of contractual relations involving consumers, the contract performs not only the role of a legal fact, which is the basis for the emergence of the specified relationship but also the function of an individual regulator, in which its parties, based on the principle of disposition get the opportunity to regulate those areas of their contractual interaction that are not mediated by normative regulation.

Legal doctrine: axiological dimension

Introduction. The question of the nature of scientifi c doctrine and its signifi cance in the legal fi eld needs to be reconsidered in view of the standards that have become fundamental to the development of democracies and the idea of human rights and freedoms. Legal scholars must critically rethink the work of the previous period, suggest new approaches to solving current problems and ways to solve them. Such a rethinking at the scientifi c level should be transformed into a specifi c legal doctrine that will fi ll the legal norm with new values. The purpose of the article. Аnalysis of the axiological aspect of legal doctrine, which can be a connecting point in terms of its content and law enforcement and law enforcement purposes. Issues of legal and illegal restrictions are studied. Since legal doctrine has axiological features in its content, it is possible to trace their manifestation by comparing the opposite regimes under which legal doctrines were formed. In particular, the reality of the Soviet era denied the right as an independent social and regulatory regulator. With the collapse of the USSR there was a sharp change in the subject of scientific research in the fi eld of law, new methodological directions are formed, scientific schools are updated, scientifi c legal doctrines of already free, democratic Ukraine are formulated. Renewal of the legal doctrine of already independent science contributed to the constitutional approval of new, progressive values, including - man as the highest social value, its inalienable natural rights, the principle of the rule of law, justice and more. There is also a distinction between the understanding of law and law. Thus, doctrine is the key to understanding yesterday’s and today’s perception of law. It is the basis of legal analogies and concepts, institutions and norms, which logically combines and directs in the appropriate social direction in order to preserve and affi rm fundamental legal values. Value imbalances will lead to crises both in society as a whole and in the sphere in which certain values are leveled, and this is often due to the notion of what is moral or immoral, and often such criteria become fundamental in determining social values, legal doctrines and, accordingly, legal law. Based on the analysis of the relationship and interaction of scientifi c doctrine, legal understanding and lawmaking, it is noted that common to all this is a holistic axiological approach. Scientifi c doctrine transforms the eff ect of law and its value content into a specifi c legal document. At one time, such ideals were embodied, for example, in the Universal Declaration of Human Rights. Conclusions. Thus, the doctrine becomes the basis for the creation of quality law, which gives lawmaking and law enforcement activities, as well as legislation, axiological content. On the one hand, the doctrine is a years-old theoretical basis for lawmaking; on the other, it objectifi es the results of scientifi c research in the form of fundamental legal ideas and concepts. Key words: axiology of law, rule of law, law, law, legal doctrine, lawmaking

Determination of Elemental Contents and Microbiological and Chemical Properties of Çökelek Cheeses Consumed in Turkey.

The Çökelek samples what 30 different were collected from randomly local bazaars to investigate heavy metal contaminant and mineral levels and some physicochemical and microbiological properties of samples. While the Pb was identified in 6 of the 30 samples, the As was only found in 4 of the samples. The mean major and trace element contents of Çökelek samples were ordered as Na > P > Ca > K > Mg and Al > Zn > Ni > Cu, respectively. The physicochemical properties indicated a high deviation among samples. The mean total solids, ash, salt, fat, protein waters soluble nitrogen contents, and sample ripening index were 29.83%, 1.88%, 0.68%, 4.31%, 19.84%, 0.33%, and 1.79%, respectively. The mean total aerobic mesophilic bacteria (TAMB) count of Çökelek samples was found as 8.26 log CFU g-1. The coliform bacteria and yeast-mold counts were detected in 11 and 27 of 30 samples, respectively. The mean coliform and yeast-mold counts were 1.82 log CFU g-1 and 7.11 log CFU g-1, respectively. Traditional cheeses are not mentioned in legal laws such as the Turkish Food Codex. So, there is no legal limit and standard production processes. This situation is a problem in terms of traditional cheese quality. For this reason, traditional cheese should perform further studied, and determine the legal limits.

Local Wisdom for Ensuring Agriculture Sustainability: A Case from Indonesia

Land transformation issues have been threatening the future of agriculture within the past decades. However, there are some areas that show their ability in maintaining their agricultural land. This paper aims to explore the farm management system resulted from the presence of legal pluralism that might contribute to future agricultural development. Data were gained through focus group discussions, observations, and in-depth interviews with various key informants. Systems thinking approach was used in this study, and data were iterated and modeled by using Causal Loop Diagram to give a better illustration of the phenomenon. We found that the integration between customary and legal law, which is manifested in the people’s farming praxis, is the main factor in sustaining the agricultural sector. The customary laws were reinforced by the local government, which made the government’s role crucial in allowing its citizen to continuously practice their beliefs in maintaining their agricultural lands. These conclusions are helpful in understanding the complexities underlying land transformation issues, which contributes to the literatures in related fields and improves the policy on agricultural land preservation in Indonesia and other developing countries.

Childcare in kindergarten institutions in the light of the Islamic vision

Child care in kindergarten institutions in the light of the Islamic vision If the embryo stage is in essence the stage of the biological formation of the human being, then the stage of undistinguished childhood is essentially the stage of his psychological formation, which is of course an extension of the previous stage, but - and this is the most important - the basis for the following stages and stages, and therefore any educational failure in This stage constitutes an educational obstacle to proper growth in the following stages. Hence, the issue of the study was an attempt to reveal the Islamic educational trends, ideas and principles that contribute to building the personality of the undistinguished child in kindergarten institutions, and transferring them from the declarative knowledge format to the procedural knowledge format. In this context, the study sought to clarify the contributions of Islamic education in caring for the undistinguished child, and to root the work of kindergarten institutions in the light of the foundations of Islamic educational theory, and to identify the demands of growth at this stage in all its dimensions, while highlighting the efforts and contributions of Muslim jurists and scholars in educational thought. The researcher will take the descriptive approach: to answer the analytical aspect of the study, and the deductive approach to elicit the most important texts that define the Islamic vision in caring for the undistinguished child. The study concluded that the Islamic educational vision was more realistic than many modern educational visions, and that the theory of eligibility and statehood that emerged from it took into account integration, and the pre-discrimination stage was considered a stage of total dependence on others in its beginning to almost total dependence on the self in Its end, as it considered tenderness and play its most important demands, and the abundance of movement and speech as its most important features. The study concluded with the importance of formulating educational and legal laws regulating kindergarten institutions that draw from the Islamic vision and take into account the contemporary educational and legal reality.

Computer aided judgment method of legal liability and laws and regulations for embezzlement of WLAN

With the increasingly perfect protection of citizens' information and computer systems in China, network security has become an important problem in the development of information age. The common embezzlement of WLAN has not been paid enough attention. The number of cases such as personal privacy leakages and property damage caused by this behavior is increasing. In this analysis, we investigated computer aided judgement methods and suggested various strategies in order to improves the security system of Chinas’ industrial sector, banking sectors, education sectors, etc., by promoting country’s laws and regulations. we also highlight the optimization methods of the legal liability for embezzlement of WLAN. Based on the clear different ways of embezzlement of WLAN, based on the different purposes and results of the embezzlement, the civil liability and criminal liability of the embezzlement are analyzed, and the problems existing in the application of law are explored, which provides legal basis for the construction of a safe network environment.