Legal Matters Research Articles

THE LEGAL STANDING OF BUSINESS ACTORS IN A DIGITAL MARKET ACCORDING TO LAW NO. 5 OF YEAR 1999 ON THE PROHIBITION OF MONOPOLISTIC AND UNHEALTHY BUSINESS COMPETITION PRACTICES

Through a Digital Market, the commercial activities of business actors are conducted virtually and can have a global reach. Commercial activities that no longer require face-to-face meetings in conducting transactional activities and that involve cashless payment methods have made it possible for business actors to transgress the jurisdictional boundaries of a state as they conduct their business activities. Digital Market becomes an inevitability as well as a legal matter in the application of Law No. 5 of Year 1999, particularly in relation to the legal standing of business actors. The consideration is that in the context of a virtual market, geographical boundaries no longer firmly limit the jurisdictional territory of a state. Therefore, the discussion regarding the characteristics of a Digital Market and the legal standing of business actors in a Digital Market becomes an urgent need. Through juridical normative research, this article intends to analyze the characteristics of a Digital Market and the legal standing of business actors in a Digital Market according to Law No. 5 of Year 1999.

Review of the Monograph: Serkov P. P. Legal Relationship (Theory and Practice of Modern Legal Policy). Moscow: Norma, 2023. 1544 p.

The presented review gives a general assessment of the monograph by the famous Russian scholar, a specialist with significant practical experience, Doctor of Legal Sciences, Professor Petr Pavlovich Serkov. The philosophical and legal orientation of the study is stated, the key provisions and conclusions of the author are evaluated, the prospects for further scientific and practical use of the results are noted. In the first part of the review, the specifics of the subject of research determined by P. P. Serkov are considered. It is noted that the latter is many times wider than the subject of legal relations in the usual sense for a modern lawyer. The title of the monograph is due to the fact that the author of the work gives this category a special place, recognizing it as the fundamental basis of the system of legal regulation. Attention is drawn to the breadth and diversity of the illustrative material, the originality of the methods used by the Author of setting research problems and formulating scientific questions, determining methods for solving them, choosing the form and style of presenting the results. Numerous references to the text of the monograph are given to substantiate the conclusions, and brief generalizations are formulated. The second section of the work is devoted to the style of presentation of scientific material, focuses on its influence on the perception of the text and its content. It is noted that this feature makes the text more vivid, figurative, but at the same time significantly complicates the work with it, makes it difficult to accurately understand the Author’s idea. The third section reflects the features of the structure of the work. The review draws attention to the non-standard approach of Petr P. Serkov to the naming and mutual arrangement of structural elements, to the intractability of certain scientific questions formulated by Petr P. Serkov. The method of argumentation used by the Author by means of references to the unprovenness of one or another thesis is especially noted. The controversial provisions of the monograph are noted. The reviewer does not share the Author’s skeptical attitude to the methodology of modern legal science, his opinion on the need to revise the role of the abstraction method in scientific legal research, on the place of legal relations in the structure of legal matter, and on a number of other scientific issues.

Perlindungan Hukum terhadap Investor Perseroan Terbatas Akibat Pandemi Covid-19


 The Coronavirus Disease 2019 (COVID-19) pandemic has in fact provided impetus for a country to take 'abnormal' policies to break the chain of COVID-19, and Indonesia is no exception. the method of normative juridical approach, namely an approach to the problem by examining and reviewing an applicable and competent law and regulation to be used as a basis for carrying out problem solving. Legal protection is one of the elements to improve aspects of law enforcement in a country. Of course legal protection is given by the state to its people in order to create stability in any case, including in economic and legal matters. The principles adhered to in the Limited Liability Company itself, namely regarding the principles of good corporate governance. Presidential Regulation Number 44 of 2016 concerning List of Closed Business Fields and Open Business Fields with Requirements in the Investment Sector.
 Keywords: Covid-19, Legal Protection, Investors, Limited Liability Company

“Can Men Have Hearts?”: Susa Young Gates's Divorce, 1878

“Can Men Have Hearts?”: Susa Young Gates's Divorce, 1878

Knowledge on the Validity of the Hadith on Veil, the Obligation to Wear and Its Application in Social Life: A Case Study at UIN Alauddin Makassar

This study seeks to assess the impact of students' degree of comprehension on the veracity of the hadith on veil, the law governing its wearing, and its application in their social lives. This study is a mixed-methods approach, using a case study as the methodology to get a full grasp of a specific legal matter in order to generate more understanding on the issue of veil. The data were collected through interviews, literature studies and surveys. The results revealed that the respondents' knowledge on the authenticity of the hadith was modest, while their comprehension of the legislation governing the wearing of the veil ranged between a lack of understanding and a sufficient understanding, and their application in daily life was quite high. In addition, it was discovered that there were reasons that influenced their persistent usage of the veil, given their strong commitment to doing so. These considerations include the external supports, for example the support of friends, families, and communities. Supposedly, if the acceptance of new behavior is founded on information, awareness, and a good attitude, this kind of behavior will be persistent. If, on the other hand, a behavior is not founded on knowledge and awareness, it will be easily left out. This case study also found that there were factors other than knowledge that influenced female students in social applications to wear the veil, namely support from family, friends and organizations.In the future efforts are needed so that knowledge about the authenticity and content of hadith law regarding the veil can be increased. So that a person can strike a balance between the spirit of religion and his knowledge of the law governing the text's authenticity (hadith) and Islamic law.

OPRAVDANOST MIJEŠANJA JAVNE VLASTI U OSTVARIVANJE PRAVA NA SLOBODU IZRAŽAVANJA U PRAVNOJ TEORIJI I SUDSKOJ PRAKSI

The right to freedom of expression is one of the basic foundations of everyone demo- cratic society. However, this right can be subject to restrictions for the protection of other rights and freedoms. It is being worked on, with reference points of view of legal theory and judicial practice, especially the practice of the European Court for human rights and the Constitutional Court of the Republic of Croatia, analyzes when interfe- rence in the first on freedom of expression justified, and when not. Introduction show the most important international, regional, European and national legal acts that determine and guarantee freedom of expression. In the central part of the work forms of public authority interference in the right to freedom of expression are investiga- ted and criteria for assessing the justification of interference that have developed in judicial practice. In particular, the need to apply three “tests” during evaluation is highlighted objections to the interference, and the legality of the interference, legiti- mate goals are analyzed which were aimed at and the necessity of mixing in a demo- cratic society. By rating of legal sources and court practice, the author concludes that the courts do not analyze always all the circumstances of the case, that they do not always apply the adopted criteria and principled positions of the European Court of Human Rights and that judges some times have different opinions about when public authority interferes with freedom expressions justified, and when not, and someti- mes apply conflicting principled positions of the European Court of Human Rights in the same legal matter, or apply positions that have been changed in the meantime. In order to protect the mentioned right and standardize court practice, the author gives guidelines for work on future cases. Considers that the court which evaluates the interference objection should consider the context of the case as a whole, take care that the limitation of one’s freedom of expression is too high socially necessary, that it is commensurate with a legitimate goal and that they are given for it relevant and sufficient reasons and considers it important to follow and properly apply recent court practice, especially the practice of the European Court of Human Rights.

“I Don’t Think That’s Something I’ve Ever Thought About Really Before”: A Thematic Discursive Analysis of Lay People’s Talk about Legal Gender

This article examines three divergent constructions about the salience of legal gender in lay people’s everyday lives and readiness to decertify gender. In our interviews (and survey data), generally participants minimised the importance of legal gender. The central argument in this article is that feminist socio-legal scholars applying legal consciousness studies to legal reform topics should find scrutinizing the construction of interview talk useful. We illustrate this argument by adapting and applying Ewick and Silbey’s (1998) ‘The Common Place of Law: Stories from Everyday Life', ‘before’, ‘with’ and ‘against’ typology to interview talk about legal gender, and critique their cognitivist approach by offering a constructionist alternative. In our analysis, we offer a detailed discursive explication of three key legal consciousness themes. These themes offer a balanced representation of a dataset problematically ‘skewed’ towards sex-based rights feminist perspectives, namely that ‘before’ legal gender is an anti-decertification account, decertification would be risky for natal females; a ‘with’ legal gender construction is neither for nor against decertification per se, though the impact of decertification is produced in accounts as limited and unimportant; and ‘against’ legal gender is a pro-decertification classification, as not abolished legal gender is constructed as harmful to already marginalised groups. In concluding, we explore the reasoning for the lack of readiness for decertification currently, and return to the value of examining the construction of lay discourse about legal matters as talk is a form of social action. We suggest that applying discursive analysis to themes in legal consciousness studies enables a refocusing on the how rather than purely the what of divergent legal consciousnesses, and that this approach is a fruitful addition to feminist socio-legal studies.

The globalization of corporate control

The internationalization of corporate control is a complex and poorly understood aspect of globalization, as it is challenging to trace controlling shareholders due to often opaque structures of ownership. We identify controlling shareholders for 22,000 listed firms to study the globalization of control. The network of international control appears very sparse, with strong home bias. A baseline gravity structure works well, as bilateral links are more potent for populous, affluent, and proximate countries. Institutions and tax haven status at source and destination play a modest role. Legal similarities, economic policy coordination, and cultural, linguistic, and historical ties play a non-negligible role telling of asset market and informational frictions; policy and legal similarities matter for financial institutions and banks, while informational/cultural barriers for individuals/families. International diversification motives play no major role. The results have implications for theoretical works on the internationalization of corporate control markets.

‘Absolutely Delighted’

Reporting on crime and the courts are among the classic functions of journalism. In the UK, journalists and others must abide by the Contempt of Court Act 1981, the main piece of primary legislation aimed at ensuring coverage of legal matters is fair to the participants. The restrictions are generally tighter in practice than in jurisdictions such as the US, where the media has a much freer hand to engage in pre-trial reporting. This paper argues that media coverage of the arrest of the so-called ‘Yorkshire Ripper’ serial killer, Peter Sutcliffe, in 1981 while Parliament was considering the question of contempt, has made the UK regime tougher than it might otherwise have been. Excessive reporting was influenced by an unusually celebratory police news conference. This news coverage coloured the contemporary debate around contempt, and any opportunity for a more relaxed approach to contempt in the UK's jurisdictions was lost.

Factors affecting applied perception and applicability of fair value accounting: The case of construction firms in Vietnam

This study determines and measures the factors affecting the perception and applicability of fair value accounting by related personnel in enterprises, including business owners, managers, accountants, and internal auditors. At the same time, it analyzes the relationship between applied perception and the applicability of fair value accounting. 808 respondents, working in 350 construction enterprises in Vietnam, participated in the survey. This study combines qualitative and quantitative methods using SPSS and AMOS 20 with different techniques and structural equation modeling. The study results show that the applied perception significantly affects the applicability of fair value accounting at construction enterprises in Vietnam. Besides, eight different factors influence the applied perception of fair value accounting. Notably, six factors positively influenced the applied perception, including usefulness, reliability, cost-benefit relationship, size of the enterprise, qualification of accountants, and independent auditors. In contrast, two factors, legal matters and tax pressure, negatively affected the applied perception. This study suggests that managers of Vietnam’s construction enterprises develop solutions to improve the applied perception and applicability of fair value accounting, thereby perfecting the system accounting and improving business performance. AcknowledgmentThis study is conducted within the framework of the doctoral project subject to Decision No. 1407/QD-ĐHDT dated May 22, 2020, Duy Tan University, Vietnam. The authors would like to acknowledge the reviewers and the editor-in-chief for their assistance.

Application Of Tooth Coronal Index (TCI) Benindra Method In Estimating Biological Age at Sultan Agung Dental Hospital Semarang

Background: Estimation of age through teeth is one way to identify living and dead individuals. Age estimates can clarify statements of death, legal and civil matters. One way to identify victims is using periapical radiographs. The use of periapical radiographs in age estimation requires certain method, one of which is the TCI (Tooth Coronal Index) Benindra method modified from Drusini's TCI method. Tooth age assessment using Benindra TCI method based on pulp chamber height measurements.Purpose: to clarify the application of TCI Benindra method in estimating biological age in Semarang population. Material and Method: This research was using total sampling method with a number of 23 periapical radiographs with 7 male and 16 female. The estimated age of the Benindra TCI method was done at the age of 9-21 years and using a mandibular premolar. Tooth age assessment was based on measurements of pulp chamber height using the TCI formula, the results of TCI measurements were entered into the prediction age formula to determine the biological age. Result: the average difference between biological age estimated used the Benindra method and chronological age reached 0,46 years in the 9-21 years age group. There were 7 data that underestimated, 6 data over estimation, and 10 data on estimation.Conclusion: The application of the Benindra TCI method shows good results in estimating the biological age of the Semarang population, because the difference between the estimated age and the chronological age produced by this method is quite small.

DOCUMENT CHECK AT BORDER CONTROL AS A BASIC ELEMENT OF INTERNAL SECURITY IN THE REPUBLIC OF LATVIA

The aim of the current research is to make extensive study of the document check process, to examine it’s legal and practical matters within the State Border Guard of Latvia and to define necessary actions to develop the process mentioned above. To achieve the aim, following objectives were defined: to study the legal matters of the document check process in State Border Guard, to evaluate State Border Guard’s technical means in the field of document check, to study practical aspects in document check process according to data collected from respondents within State Border Guard, to analyze the problematics of the document check process in State Border Guard and to define the necessary development decisions. Following research methods were used: monographic or descriptive method, document analysis, logic- constructive method, analytic method, sociological survey method. Within the topic of Document check at border control as a basic element of internal security in the Republic of Latvia, the authors thoroughly examined the process of document check, its legal and practical aspects within the example of State Border Guard of Latvia and also defined necessary development actions in the period between years 2017 and November 2021.

The Debate of H.L.A. Hart and Lord Devlin: Exploring the Limits of Law

The debate between H.L.A. Hart and Lord Devlin on the limits of the law is a significant contribution to legal theory, ethical theory, and social philosophy. Hart's "separation thesis" argues that moral considerations are unnecessary for the efficient functioning of legal systems, while Devlin's "The Enforcement of Morals" asserts that law and morality are inseparable and dependent on each other. This conflict has significant implications for legal theory and practices, including the role of ethical considerations in legal systems, the debate on individual liberty and societal coherence, the decision-making process in legal matters, and the significance of embracing the present moment. The Hart-Devlin argument influences ongoing discussions on topics such as decriminalization, marriages, and criminal justice.

User Requirements of Network Integrated Legal Affairs Management System using Focus Group Discussion

Increase of legal matters handled by Universiti Teknologi MARA Legal Advisor Office (UiTM LAO) requires development of a web-based system to enhance its efficacy. The conventional method of legal affairs management using papers, mail and email is non-optimal as UiTM LAO is unable to coordinate online drafting, vetting, editing, endorsement, and approval of legal documents received from various departments. The existing legal affairs management web-system developed for private law firms and in-house legal departments are unable to fulfil the requirements of UiTM LAO due to differences in work system and approval process. In this paper, we present the development of network integrated legal affairs management system (NILAMs) for UiTM LAO and its stakeholders. The user requirements of NILAMs were elicited through a focus group discussion (FGD) involving 30 participants representing UiTM branch campuses, faculties, academic centers, center of excellence and offices. Through FGD, 35 issues and 57 suggestions were identified, and finally 16 main functions of NILAMs were constructed. NILAMs enables collaborative workspace and real-time interactions to support drafting, vetting, tracking and monitoring legal documents for LAO of public universities and public sector organizations, which compliance with Ministry of Higher Education (MOHE) and UiTM policies.

What did a ‘fair go’ originally mean to Australians?

ABSTRACT ‘Fair go’ is one of the most pervasive and enduring expressions in Australian cultural and political discourse. While the phrase is routinely used by politicians, commentators and scholars, no one has systematically studied what a fair go originally meant to Australians. A mixed-method textual analysis of all Australian newspaper mentions of ‘fair go’ before Federation was conducted to determine the dominant values associated with the expression and the contexts in which it was used. The data show the fair go phrase mainly referred to striving for success in sporting competition, the pursuit of power in politics and civil society, and conformity to norms and rules in sport and legal matters. This historical analysis contributes knowledge about the social and political values associated with Australia’s ‘fair go tradition’ and provides a framework and methodology for further research to trace the evolution of a key component of Australian political discourse.

Towards Quality and Sustainable Tourism in Bali: Should the Regional Master Plan be Adjusted?

Bali is the area in Indonesia that is most affected economically due to the paralysis of the tourism industry during the Covid-19 Pandemic. Consequently, tourism development programs designed by the government faced many obstacles in their implementation. This article discusses how the concept of quality and sustainable tourism are incorporated into the Tourism Master Plan of the Bali Province 2015-2029. Further, it evaluates the implementation of the master plan during the Covid-19 Pandemic. This writing is designed based on legal research that applies a policy-oriented approach. The research collected and analyzed primary sources in the form of law, regulation, and policy at the national and regional levels, as well as secondary sources that are available in textbooks, journal articles, and website content. A series of qualitative interviews and a focus group discussion were conducted to deepen understanding of legal and non-legal matters. This article suggested that even though the concept of quality and sustainable tourism has been incorporated into the aforementioned master plan, the document implies a contradiction between the vision that desires to apply the concept and the goals and objectives which tend to support quantity tourism. The qualitative evaluation indicated that the master plan could not be appropriately implemented and requires an adjustment to bring in again the vision into the implementing policy adopted by the provincial government.

The Hospitalized Adolescent.

This clinical report provides pediatricians evidence-based information on the developmentally appropriate, comprehensive clinical care for hospitalized adolescents. Included in this report are opportunities and challenges facing pediatricians when caring for specific hospitalized adolescent populations. The companion policy statement, "The Hospitalized Adolescent," includes detailed descriptions of adolescent hospital admission demographics, personnel recommendations, and hospital setting and design advice, as well as sections on educational services, legal and ethical matters, and transitions to adult facilities.

Game-theoretic approach in law

The article is devoted to the study of the possible application of game theory for the purposes of lawmaking and law enforcement. The purpose of the study is to identify the conditions and limits of the application of the game theory to situations with legal content. It is proved that the legal behavior of the subject can be evaluated through the prism of the axiom of completeness, transitivity, continuity, substitution and independence, and the result can be used in determining the criterion of ''rationality of behavior'', when fixing the presence or absence of signs of unfair behavior, abuse of law. The author comes to the conclusion that the incompleteness of the legal theory of games, which is expressed in the limited situations to which it can be applied, does not detract from its significance as an analytical tool, the results of which should be interpreted taking into account other methods of analyzing legal matter and situations of legal content.

Dwa listy z korespondencji między Erazmem Piltzem a Tomášem G. Masarykiem w sprawie sojuszu polsko-czechosłowackiego w 1925 r.Dwa listy z korespondencji między Erazmem Piltzem a Tomášem G. Masarykiem w sprawie sojuszu polsko-czechosłowackiego w 1925

The years 1922–1925 was a period of seeking a compromise in the Polish-Czechoslovak relations. This was especially evident during the reign of two Polish foreign ministers Marian Seyda and Alexander Skrzyński. Their active emissary was Erasmus Piltz, the former deputy Polish in Czechoslovakia, a friend of many politicians, among others, of Tomáš G. Masaryk – the President of Czechoslovakia. The presented documents concern the correspondence between the two politicians. The economic cooperation and favorable international situation led to a rapprochement between the two countries, the result of which was a visit of Beneš in Warsaw on 19–23 April 1925. Contents then Conciliation and arbitration treaty, convention trade andan agreement on legal matters and commercial  matters.The continuation of this policy was the return visit of Minister of Foreign Affairs Alexander Skrzyński in Prague, April 13–15, 1926.

Legal help-seeking behaviour among veterans: the link between time elapsed in seeking help and legal options to address a legal matter

ABSTRACT This study provides a unique approach for investigating help-seeking behaviour, specifically the occurrence of actual help-seeking behaviour among the British Military Veteran population. The study aimed to evaluate the range of legal options available to address a legal matter based on how quickly from an issue arising help was sought to address it. This study represents the first study into veterans’ legal help-seeking that examines actual legal matters that were brought to a legal advice project. (1) the study suggested a relationship between the elapsed time from the introduction of a legal issue and seeking help and the range of legal options available to clients, and (2) In comparison with the general population, the majority of veterans who contacted an adviser to help with their problems delayed seeking legal help until their options become limited or non-existent. This clearly puts them at increased risk for unsuccessful outcomes in terms of the likelihood of achieving a satisfactory resolution of their problems. It shows that military identity is a determining factor in the length of time people take before seeking legal help and that a military identity can inhibit people from seeking help in a timely manner.