Legal Objectives Research Articles

Juridical Analysis of the Development of Copyright Law in Relation to Legal Purposes

Introduction to the Problem: One example of regulations in the economic field is Intellectual Property Rights (IPR). The Copyright Law has been amended many times, even within a period of approximately twenty years, the relevant law has changed four times. The purpose of the law is justice, legal certainty and expediency, thus giving the desire to review the Copyright Law to be able to realize the legal objectives. Objectives/Study Objectives: This paper aims to determine the Juridical Analysis of the Development of Copyright Law in Relation to Legal Objectives Design/Methodology/Approach: This paper is included in the type of normative legal research which provides a prescriptive on Juridical Analysis of the Development of Copyright Law in Relation to Legal Objectives. The technique of collecting legal materials is carried out by studying literature to collect legal materials by reading laws and regulations, official documents and literature related to problems that must be carried out by the author. The legal material analysis technique is carried out qualitatively Findings: The results show that, the purpose of the law is as a social engineering tool, so that the Intellectual Property Rights Act is also a social engineering tool aimed at making people obey the law in the direction of a law-abiding society in the field of IPR is not yet optimal. The development of the Copyright Law in law with legal objectives can be seen from the legal substance, legal structure, and Indonesian culture.

Building Access to Justice for Women as Victims of Prostitution as a Form of Guarantee of Human Rights

The purpose of this study was to build access to justice for women who became commercial sex workers. The issue of women was chosen as a component in access to justice because of the existence of women as part of a disadvantaged group. The law as commander in chief in its enforcement involves law enforcement officers and in particular the government. Women as human beings whose rights are protected should be protected and respected regardless of their work. This study used the normative juridical method. The results of the study showed that actually women who became commercial sex workers were victims. The high cost of living and economic demands made a person accepting easily job offers and big salaries. So that when they enter the world of prostitution, there would be many cases of sexual violence experienced by commercial sex workers because users felt that they have paid and were free to do anything. That in fact the form of legal protection in the context of guaranteeing human rights has existed in several laws and regulations. However, we know that its implementation is not easy, so cooperation between institutions and law enforcement officers is needed so that the legal objectives of justice, certainty and benefit can be realized

Twenty Years of the National Protected Areas System: are Brazilian National Parks achieving their legal objectives?

Among the policies for the creation of protected areas, the "Park" category is the best known worldwide. In Brazil, the national parks are important areas for the conservation of biodiversity and for ecotourism, but twenty years after the enactment of the law that regulates the National System of Protected Areas, there is no clear scenario of the National Parks' current situation regarding the fulfillment of their legal objectives. Aiming to understand this scenario in the six main Brazilian biomes, we evaluated variables related to: level of land regularization, existence and updating of management plans, number of authorized scientific research studies, variation in the number of visitors, development of recreation activities, ecotourism, and existence of an Advisory Council. For all biomes, the results regarding the legal objectives' attainment are negative, mostly in terms of land regularization, with the worst results being found in the Caatinga biome < 2% of the area within parks regularized. We concluded that only in specific cases the legal objectives of these protected areas are being accomplished and, therefore, if we keep the pace and the implementation and management policies of the last 20 years, the outlook is pessimistic for the conservation of Brazilian biodiversity.

МОЛОДЕЖНЫЕ ПАТРИОТИЧЕСКИЕ ОРГАНИЗАЦИИ НОВОСИБИРСКОЙ И КЕМЕРОВСКОЙ ОБЛАСТЕЙ: СТРУКТУРНО-ФУНКЦИОНАЛЬНЫЙ АНАЛИЗ

The subject of the study is the state of youth patriotic organizations in the Novosibirsk and Kemerovo regions. The paper considers various types of existing patriotic organizations, their organizational and legal forms, main activities, goals and objectives, types of implemented activities. The analysis of the current state of the patriotic movement in these subjects of the Russian Federation is given, the general characteristics and regional peculiarities in the system and structure of patriotic education are revealed.

«Культурні цінності»: поняття та застосування відповідного терміна в законодавстві

The article examines the concept of «cultural values» and the use of the corresponding term in international legislation. The term «cultural values» is increasingly used in the research discourse, and at the same time is one of the categories of philosophy, culture, ethics, cultural studies, and, of course, law. At the same time, the term «cultural values» denotes a multifaceted concept, which covers a wide range of phenomena and objects of a spiritual and material nature. It was noted that in international legal documents the term «cultural values» occurs in two meanings. First, to denote tangible and intangible objects - objects, movable and immovable monuments, that is, elements of cultural heritage. The second value is a qualitative indicator of the importance, significance, value of the element of cultural heritage. The analysis of the texts of international documents shows that the terminology of legislation in the field of protection of cultural values has been developing for many years, gradually changing and clarifying. The author noticed that in the authentic texts of international acts, regulatory documents of foreign states and works of foreign researchers, in addition to the terms «cultural values», «cultural heritage», «cultural property», the following terms are also used: «cultural goods», «cultural resources», «cultural artifacts», «cultural items», «cultural products». This state of affairs is obviously related to the diversity of legal systems, different national approaches to the designation of the same legal phenomena and objects. It is obvious that the concepts of "cultural heritage" («cultural values») and «cultural property» reflect not so much different terminology, but different legal and social concepts. In general, today the terminology regarding the concepts of cultural values and cultural heritage is not unified. International documents are mostly based on the concept of «cultural values» given in the Convention of 1954. This is the broadest definition of the concept of "cultural values" as material objects. In some cases, the concepts of «cultural values» and «cultural heritage» are used interchangeably and are used as the same terms. It is concluded that when translating international documents, there are significant difficulties with the interpretation of terms. Obviously, the translation of such terms should be carried out in the context of the legal norms and legal systems of a particular state. Therefore, already at the stage of negotiations regarding the drafting of a bilingual international text, it is important for the authorized subjects to make sure that the different language versions not only convey the same content, but also take into account and express the relevant legal traditions.

ВИБІР ІНВЕСТИЦІЙНОЇ СТРАТЕГІЇ ІННОВАЦІЙНОГО РОЗВИТКУ ПІДПРИЄМСТВА

Effective production and economic activities of the enterprise in conditions of limited financial security or lack of own funds must be preceded by the correct choice of investment strategy. Every investor is interested in a quick return on their investment, which puts business leaders in an important strategic choice. Analysis of scientific sources, research of domestic, foreign, and domestic experience, allowed to develop an author's scientific and methodological approach to choosing an investment strategy for innovative development of the enterprise, which, unlike existing, allows you to choose a strategy comparing production, economic, financial activities and capabilities strengths and weaknesses, as well as the external environment through the assessment of market attractiveness. A formalized representation of the proposed scientific and methodological approach is a three-dimensional matrix that allows you to choose the investment strategy for the innovative development of the enterprise based on the comparison of the following criteria: the innovative potential of the enterprise, market attractiveness, investment attractiveness. The choice of partial indicators depends on the form of ownership, industry, and direction of the enterprise, organizational and legal form, goals and objectives, and so on. According to the authors, the proposed criteria make it possible to take into account the interests of three parties when choosing an investment strategy: businesses, consumers, and investors. Synergy in the joint coordination of the interests of many stakeholder groups requires a careful approach of managers to the choice of investment strategy of the enterprise.The proposed approach allows you to choose one of the following investment strategies: conservative (support capacity and several innovative products, maintaining innovative positions), extensive (expansion of existing production, renewal of fixed assets), intensive (intensification and modernization of production, individualization, product differentiation) and aggressive (release of new products, achieving leadership in science and technology).

Психологические аспекты деформаций правосознания и юридической ответственности

&lt;p&gt;The article studies various forms of legal consciousness deformations in its connection with the positive legal liability and legal awareness. The presented research material justifies the somewhat schematic approach to the study of subjective aspects within the legal liability. The authors identify the dialectical contradictions between legal liability and formal legitimate behavior; legal liability and irresponsibility with legal nihilism and idealism. It is concluded that such phenomena as idealism and misunderstood legal regulation objectives characterize the distorted subjects&amp;rsquo; legal awareness with its external formally legitimate behavior and internal irresponsibility. It has been also substantiated that legal idealism, excessive institutional law-making and public relations regulation form the internal responsibility due to the bureaucratization and false objectives achievement in legal regulation.&lt;/p&gt;

Legal modeling as method for studying genetic and genomic information

The relevance of this work is due to the fact that genomic and genetic information are special objects of research for law, and they require a systematic approach able to regard as many features of such information as possible. It seems that legal modeling is one of the key legal research methods capable of coping with this task. The purpose of this study is to consider the method of legal modeling in the study of genetic and genomic information. The paper outlines some aspects of its application, its advantages for interdisciplinary research. It has been established that legal modeling is able to regard all the factors influencing the legal regulation of genetic and genomic information. The staging of legal modeling, which implies determining the object and the subject of legal modeling, setting goals and objectives, proposing and testing a hypothesis and formulating a legal model, has been noted.

THE THEORETICAL BASIS AND FEATURES OF FREEDOM OF INFORMATION AS A FUNDAMENTAL HUMAN RIGHT

The article deals with the issue of the right to freedom of information, which has a special place in the system of basic human rights, which is subject to changes in any period of human history. In the modern world of enormous changes, the systematic study of such rights is becoming more and more urgent. Within the framework of research the goal of revealing its theoretical-legal bases and features has been put forward. In order to achieve this goal, the research presented the issues of clarifying the concept of freedom of information in the theoretical-normative sphere, presenting it from the point of view of a fundamental right, and considering it as a right and freedom. The study was conducted using scientific methods of abstraction, analysis and combination. The research presents the Armenian-foreign theoretical definitions given to the freedom of information, as a result of which the broad meanings of the law under discussion are completed. Freedom of information is presented from the point of view of right and freedom, the structural elements of it as a fundamental right are separated. The study concludes by clarifying and summarizing the scope of the legal entity, the addressee and object, the legal entity's claim and the scope of the state's responsibilities within the framework of the fundamental right to freedom of information.

ЕКОНОМІЧНИЙ КОНСТИТУЦІОНАЛІЗМ: ПОСТАНОВКА ПРОБЛЕМИ

The article clarifies the essence of economic constitutionalism (constitutional economics) as an interdisciplinary doctrine. It is argued that economic constitutionalism (or constitutional economics) is the name of an interdisciplinary scientific field on the border of economics and constitutional law. In essence, economic constitutionalism is a special section of constitutionalism in general, which focuses on economics, property, the combination of private law and public law principles in the constitutional text, the theory of legitimate expectations, the economic nature of human rights and other constitutional legal objects regulation, ensuring de facto equality and establishing the limits of interference with economic freedom, financial and budgetary issues, the economic consequences of the concept of the welfare state and social human rights, etc. It is proved that economic constitutionalism is a promising interdisciplinary direction that integrates politics, constitutional law and economics. The importance of researching the economic nature of basic public and state constitutional institutions is beyond doubt. Similarly, the impact of relevant institutions, on the other hand, especially in the transition and transformation stages of development is enormous. The following main directions can be identified for further research on economic constitutionalism (constitutional economics), namely: consideration of law and the constitution as a manifestation of self-regulation; the role of property institutions, market economy, capitalism to ensure freedom; the need to ensure equality in order to implement rational choices, the interplay of democracy and social rights; the link between democratic transit and a market economy, exploring ways to grow and overcome poverty. The practice of interpretation of the constitution by the body of constitutional jurisdiction plays a significant role in economic constitutionalism. Analysis of the experience of the Ukrainian Constitutional Court in this aspect so far leads to the conclusion that its positions are inconsistent and, unfortunately, insufficient role in the constitutional economy (in terms of potential positive impact).

The Protection of Taxpayers’ Rights under the Taxpayer Rights Protection Act: Focusing on the Recent Administrative Court Cases

&lt;p&gt;立法院於2016年12月26日以專法的方式審議通過「納稅者權利保護法」（以下簡稱納保法），並且於2017年12月底正式實施。長期以來立法者僅著重達到國家稽徵效能的租稅立法政策在此做了重大的改變。納保法的實施，在於確保納稅義務人在憲法上所受保障的基本權利，如生存權、平等權、財產權、比例原則以及正當法律程序等能獲得實現。然而抽象的稅法條文仍有賴行政法院透過判決加以具體化，對此本文將在以下針對1. 租稅法律主義之確認（納保法第3條）；2. 量能課稅原則的實現（納保法第5條）；3. 租稅規避之具體化（納保法第7條）；4. 確立稽徵程序中徵納雙方義務及舉證責任（納保法第11、14條）；5. 總額主義之確定（納保法第21條）為重心，探討行政法院近年來對於納稅者權利保護的重要貢獻。&lt;/p&gt; &lt;p&gt;&amp;nbsp;&lt;/p&gt;&amp;quot;The Legislative Yuan passed &amp;ldquo;The Taxpayer Rights Protection Act&amp;rdquo; as a special law on December 26, 2016, which took effect at the end of December 2017. For a long time, the single objective of achieving the efficiency of tax collection embraced by the legislature had been changed. The implementation of the Taxpayer Rights Protection Act marks a significant turning point in this regard. Specifically, the implementation of the Taxpayer Rights Protection Act is to explicitly concretize, realize, and ensure the basic rights of taxpayers guaranteed by the Constitution, such as the rights to life, equality, property rights, the principle of proportionality, and due process of law. However, the abstract provisions of the Act still depend on the interpretation and decision of the administrative courts to achieve its intended legal objectives. Hence, this article focuses on the pertinent and recent cases under scrutiny based on the judgments of the administrative courts under the administrative law. It will focus on the following issues: 1) The confirmation of tax legalism (Article 3 of the Taxpayer Rights Protection Act), 2) The realization of equality principle in taxation (Article 5 of the Taxpayer Rights Protection Act), 3) The definition of tax avoidance (Article 7 of the Taxpayer Rights Protection Act), 4) The specific obligations of the parties and the burden of proof in the collection process (Articles 11 and 14 of the Taxpayer Rights Protection Act), and 5) The determination of the principle of taxation on net income (Article 2 the Taxpayer Rights Protection Act). It will also analyze and address the important contribution of the administrative courts to the protection of taxpayers&amp;rsquo; rights in recent years. &amp;quot;

Адольф Райнах и его забытый проект феноменологии права

The main point of the article is that methodology of the theory and philosophy of law needs update. As a solution, it is proposed to turn to the undeservedly forgot­ten achievements of the theory of a priori foundations of the civil law by Adolf Reinach. The article presents such directions as the onto-epistemological sub­stantiation of integrative legal thinking and the linguistic aspect of the studies of social acts. It substantiates that Reinach’s contribution to the implementation of the first direction consists in identifying the ontological reasons for the limita­tions of positive law, and shows the conditions for the constitution of the integra­tive legal object of civil law – the promises. The need for the development of the second direction is proved with the help of a comparative analysis of Reinach theory of social acts and the theory of speech acts in analytical philosophy. In particular, he made it possible to identify the following, anticipating the achieve­ments of analytical philosophy, the conceptual provisions of Reinach: 1) speech acts are derived from social acts and, as a result, 2) the structure of speech acts is similar to the structure of social acts, 3) the authenticity of speech acts is a condi­tion for implementation communicative intentions, 4) the structure of social acts determines the responsiveness of the subject of speech acts; 5) promise is a proto­type(protoform) of normativity; 6) the dichotomy of the conditional and the uncon­ditional, the absolute and the relative in social acts and in the corresponding speech acts should be resolved on the basis of an integrative approach.

Joint Ownership in the Copyright Work as a Spontaneous Occurrence: Formulation of the Problem and Features of Legal Object

Joint Ownership in the Copyright Work as a Spontaneous Occurrence: Formulation of the Problem and Features of Legal Object

REGULATION OF OFFENCES AGAINST PUBLIC SECURITY IN THE CRIMINAL CODE OF ROMANIA

The aim of this article is to highlight the place the Romanian lawmaker has given to criminal offences against public security in the criminal law. At the same time, we seek to delineate the legal object of crimes against public security from that of crimes that affect relations of social coexistence, especially those protecting public order and peace. Knowledge of the legal object contributes to a better understanding of the concepts of public security and social order that are interdependent with law and human capital. Also, through the method of documentation we aimed to highlight, in the context of the pandemic: some legislative changes that had an impact on the activities carried out in the field of public security; the main measures taken to ensure the safety of the person and the observance of health measures in criminal proceedings; the activities that were carried out online in the judicial proceedings and the manner in which the intra-institutional communication or inter-institutional communication took place; the main changes brought by the legislator in the matter of criminal offences against public security (safety).

The use of ex officio to fulfill women's post-divorce rights at the Samarinda Religious Court

Problems in fulfilling women's rights after divorce in Religious Courts still exist due to the weakness of supporting elements for the court decisions and their procedures, and obstacles from the ex-couples. Therefore, religious judges are expected to have sensitivity and support for women in making decisions with the value of justice, legal certainty, and benefit. This normative juridical study used statutory and conceptual approaches to explain the use of ex officio in fulfilling iddah and mut'ah living in the Samarinda Religious Court and its suitability to legal purposes. A literary study was done in collecting data by compiling secondary data related to the theme. Then, the data were analyzed using the qualitative descriptive method. Ex officio discourses and legal objectives theory were used to analyze the raised issues. Fulfilling iddah and mut'ah living through ex officio at the Samarinda Religious Court in talaq divorces refers to Supreme Court Regulation (PERMA) No. 3 of 2017, and Circular Letter of Supreme Court (SEMA) No. 1 of 2017. Meanwhile, the application of ex officio in lawsuit divorces refers to PERMA No. 3 of 2017 and SEMA No. 2 of 2019. The fulfillment of women's rights after divorce at the Religious Courts through ex officio aligns with legal objectives: legal certainty, justice, and benefit.

Fenomena Praktik Ijtihad dan Taqlid dalam Pandangan Hukum Islam

This paper aims to analyze the extent of ijtihad and taqlid perspectives according to classical andcontemporary scholars. Understanding the scope of mujtahid and muqallid requirements and urgencyin Islamic Fiqh. The writing method used is a literature review method which is included in the categoryof textual historical research regarding the content of ijtihad. Sources of research through primary,secondary, and tertiary data obtained from literature, documentation, and expert opinion. The resultscan be concluded that the prospect of ijtihad in the current era is actually still wide open for thosewho have full competence, unfortunately it is still quite difficult to realize due to several obstaclesincluding one, many scholars think that after the third period the door of ijtihad has been closed, andalthough it is possible, it is possible Ijtihad is only at the level of muqayyad and not mustaqil. Two, thedifference in perspective on the boundaries of the legal object of ijtihad often creates conflicts andmakes intellectuals afraid and empty. Three, the actualization of Islamic law is still only a discoursewithout any continuity

THE IMPLEMENTATION OF PROGRESSIVE LAW AGAINST THE DEFENDANT ABILITY TO ACHIEVE SUBSTANTIVE JUSTICE

The enactment of the law in society aims to create justice, legal certainty, benefit and social empowerment for the community, to lead to the ideals of the court as a protector of society, the judge must always prioritize the 4 (four) legal objectives above in every decision he makes. This is in line with what the law is based on, namely the law for the welfare of the community. The poor are often victims of unfair law enforcement due to their ignorance of law enforcement and financial incompetence. The purpose of this study is to analyze the progressive law applied to poor defendants seeking substantive justice and to find out and analyze the state should be able to assist poor defendants in the judicial process in accordance with the rule of law principle. This research uses normative juridical method. Judges in deciding legal cases for the poor should have a progressive view, thus judges will conceptualize each article in the legislation not only as a statement about the existence of a causal (cause and effect) relationship that is straightforward according to logical law but also always contains moral substance originating from ethics and professionalism of judges.

Sanksi Rehabilitasi Bagi Prajurit TNI yang Menjadi Terpidana Penyalahgunaan Narkotika (Studi Kasus di Pengadilan Militer II – 08 Jakarta)

A TNI soldier is required to have good mentality, discipline, and good morals and ethics. The application of law against TNI soldiers is not only in the form of the application of military criminal law, but also criminal law outside the military criminal law, one of which is the crime of narcotics abuse. The sentencing of TNI soldiers who are convicted of narcotics abusers still refers to Law no. 35 of 2009. Almost all decisions made by military judges, especially those of military judges at the Military Court II – 08, Jakarta, related to narcotics abuse resulted in imprisonment and dismissal from military service without any rehabilitation efforts. This is of course very contrary to the legal objectives of Law no. 35 of 2009 concerning Narcotics. The method used in this study uses a normative juridical method with a statutory approach. This study found problems in imposing sanctions on military members who become narcotics abusers, where the Narcotics Law states that there are rehabilitation sanctions in addition to prison sanctions but in practice the sanctions given to military members who become narcotics abusers are only limited to prison sanctions and dismissal from military service without given a rehabilitation sanction. This shows that sanctions against narcotics abuse by members of the TNI in the Military Court II – 08, Jakarta are still in the form of retributive sanctions, namely imprisonment and dismissal from military service, as well as enforcement of rehabilitation law for TNI members who are convicted of drug abuse still not done.

Grounds for Criminalistic Classification of Crimes against Human Life and Health Committed by Convicts Serving Imprisonment Sentences in Places of Deprivation of Liberty

Introduction: the article considers grounds for criminalistic classification of crimes causing intentional injuries committed by convicts serving sentences in places of deprivation of liberty. Purpose: based on the analysis and generalization of theoretical and practical materials, an attempt is made to formulate the most characteristic grounds for the criminalistic classification of the analyzed criminal acts and reveal their contents. Methods: the dialectical method of cognition, general scientific methods of analysis and generalization, empirical methods of description, interpretation; theoretical methods of formal and dialectical logic are used in the research. Results: the article reveals in detail the content of general (territory, situation, community of correctional institutions; prevalence of informal norms of behavior in places of deprivation of liberty, which most convicts adhere to) and private grounds (specifics of personality traits of a criminal, victim and witnesses; specifics of behavior before and after crime commission) for classification of crimes that make up the group for which the investigation method will be worked out. Conclusions: based on the available research, which highlights the universal basis – the criminal legal object, it is concluded that there are two groups of grounds (general and special) for classification of crimes causing intentional harm to life and health committed by convicts serving imprisonment sentences.

LEGAL PROTECTION OF THE PARTIES IN CREDIT AGREEMENT WITH FIDUCIARY GUARANTEE AFTER THE ISSUENCE OF CONSTITUTIONAL COURT DECISION No. 18/PUU-XVII/2019

Fiduciary Guarantee Law is one of the material guarantees specifically regulated in Law No. 42 of 1999 on Fiduciary Guarantees that realizes the public's need for legal certainty but guaranteed objects still have economic value. Article 15 of Law No. 42 of 1999 concerning Fiduciary Guarantees is felt burdensome to debtors, because creditors make forced efforts to take fiduciary guarantee objects in the form of 2-wheeled and 4-wheeled vehicles. The purpose of this study is (1) Finding and analyzing the basis of the Constitutional Court's Decision No. 18/PUU-XVII/2019 (2) Finding and explaining the legal consequences of the Constitutional Court Decision No. 18/PUU-XVII/2019 on legal protection for parties to credit agreements with fiduciary guarantees (3) Finding and explaining constraints on Financial Service Institutions (LJK) in the implementation of constitutional court decision No. 18/PUU-XVII/2019. The research method used is juridical normative and empirical with a case study approach so that achievements are more comprehensive related to the principle of legal protection for parties in fiduciary guarantees. The result obtained that since the Decision of the Constitutional Court No. 18/PUU-XVII/2019, the executive confiscation cannot be done directly by creditors must go through a court decision. The executorial confiscation in Article 15 of Law Number 42 concerning Fiduciary Guarantee has been contrary to Article 1 (3), Article 27 (1), Article 28D (1), Article 28G (1) and Article 28H (4) of the Constitution of 1945. It takes good faith from the parties so that the implementation of the Constitutional Court Decision No. 18/PUU-XVII/2019 guarantees justice, legal certainty and provides legal protection. An agreement is required in accordance with the principle of freedom of proportionate contract, there is a balance of position between the debtor and the creditor.