Legal Objectives Research Articles

Recommendations for The Implementation Of Social Sanctions In Health Sector Corruption Cases

Law Number 20 of 2001 concerning Amendments to Law of the Republic of Indonesia Number 31 of 1999 concerning the Eradication of Corruption Crimes was made separately from the Criminal Code (Weetboek van Straftrecht) to make social sanctions an alternative to the imposition of other basic sanctions, but the technical implementation is still not yet clear. Based on this, researchers focus on recommendations for implementing social sanctions in cases of corruption in the health sector. The method used is normative juridical, namely through an approach and analysis of the relevant laws and regulations, the results of which can then be used as recommendations in the form of SOPs. The research results found that the Criminal Reform Policy Analysis in the New Criminal Code provides a better scope than the previous Criminal Code because the variety of contents in the new Criminal Code provides many choices of basic criminal sanctions. Recommendations for the application of social work punishment are part of the theory of legal objectives and a form of justice for victims, as well as criminal alternatives as supplements for perpetrators of criminal acts. Alternative social work criminal sanctions, which have just been included in the New Criminal Code through Law Number 1 of 2023, can be applied to corruption crimes in the health sector in the form of additional social criminal sanctions

مفهوم ﴿‌وَاضْرِبُوهُنَّ﴾ في كتب التفسير دراسة مقارِنة

This article discusses comparatively the meaning of ‌wa aḍْribūhun in the light of different commentaries of the Holy Qur’an. Family relations have gained great importance in the Holy Qur’an, and Surat An-Nisa includes several legal objectives in which the purpose of building the family on foundations that guarantee each of its parties full and undiminished rights is demonstrated. Among the verses included in the surah is the verse on guardianship, which this research aims to address a specific issue that ancient and modern commentators have dealt with in this verse. It is the issue of wife-beating, by studying the sayings of sixty early and late commentators, with their different approaches and diverse trends, and comparing their sayings, to arrive at a conclusion from which we can derive the wise Qur’anic vision that we should not deviate from in managing family affairs in times of problems and when there are crises. The research suggests that the disciplinary punishment mentioned in the verse is in a hierarchical order, with mild and non-harsh hitting being preferable to resorting to divorce, since it would destroy the family's entire existence. Moreover, the intention behind it is disciplining, so if most likely it will never be achieved by ‘hitting’ then it should not be used, and the husband should rethink before resorting to it. That is why some exegetes warned that women’s situations differ, hence the difference in ways of disciplining.

Culture of Siri' Na Pacce As Part of Legal Awareness of the Bugis-Makassar Community

This research provides a description of the main values of the Siri’ na Pacce culture of the Bugis-Makassar community and investigates the factors contained in the Siri’ na Pacce values that shape the legal awareness of the Bugis-Makassar community. The study includes normative and empirical legal research, using a sociological jurisprudence approach. The flow of sociological jurisprudence requires that in the process of forming legal reforms it must pay attention to public awareness and also pay attention to legal values of the society. Based on the research objectives of this law are descriptive legal research, explicative legal research, and prescriptive legal research. The value of Siri’ na Pesse (in Bugis terminology) or Siri’ na Pacce (in Makassar terminology) in Bugis-Makassarese society teaches about decency in the form of recommendations, prohibitions, rights and obligations that dominate human actions to protect and defend their honor. Three research locations inhabited by Bugis and Makassarese people in South Sulawesi Province were selected for the study, namely Bone Regency, Gowa Regency, and Jeneponto Regency. The results of the study show that the existence of Siri’ na Pacce as an abstract value that lives in the midst of Bugis-Makassarese society, this cultural value undergoes a process of concretization in the form of the Pangngaderreng system (legal system) which is then actualized into the five legal norms contained in Pangngaderreng (Ade, Talk, Wari, Rapang, and Sara). Enforcement of these norms is in the framework of realizing the objectives of law, namely justice, legal certainty, and expediency. The realization of the three legal objectives makes the values of Siri’ na Pacce even stronger in the eyes of the community, which is seen as a form of legal awareness.
 Keywords: Siri’ na Pacce culture, legal awareness, Bugis society

Questioning the ‘freedom of contract’: contract disobedience and the tenant struggle in Barcelona

In the past decade, rental housing has emerged as a new field of financialization, highlighting the importance of rent to understanding contemporary urban dynamics. Despite rental markets expressing juridical relations, empirical research on the articulations between law and rent is absent in the existing literature. In light of critical legal approaches, the paper addresses this gap through an ethnographic exploration of conflictual residential rent relations in Barcelona. The paper argues that contracts are not only legal objects crucial for the existence and articulation of rent, but their constant opening and closing, enabled by property law, result in both judicial and invisible evictions, which increase tenant turnover, thus securing incremental rental-based streams. The contract disobedience strategy enacted by the tenant movement in Barcelona has exposed how contracts are tools of domination and poses a critique of the political and legal doctrine of the ‘freedom of contract’. This mobilisation has simultaneously articulated a political demand for implementing rent controls, which are placed in a broader, gradually emerging legal countermovement to protect habitation that finds its epitome in parliamentary debates and legislative processes.

Российский бизнес в условиях роста киберпреступности: изменения экономического поведения и защитные механизмы

The article is devoted to the identification and analysis of new vectors of cybercrime development, their localization and prevention. The analysis of secondary data, questionnaires, and expert assessment are used as research methods for this problem. The statistics of cybercrime in foreign countries and Russia in recent years have been analyzed. It is found out how the domestic business has changed its attitude to the security of information and information systems of the company. The sectoral landscape of cybercrimes in the Russian Federation for 2023 is presented. New vectors of phishing development are considered in detail and the main resources forged by hackers during phishing attacks are identified. Special attention is paid to phishing by the method of distribution, which today poses the greatest danger to Russian companies. Spoofing has been studied as a new type of cyberattack, where masquerading as a legal object (computer, device or network) is used by hackers as a means of penetrating other computer networks. The characteristics of modern types of spoofing and the negative consequences for business that they lead to are given. The measures taken at the state level to counter new vectors of cybercrime development are indicated. The conclusion is substantiated that state support and information protection measures themselves eliminate the consequences rather than the causes of high cybercrime, which is why the security problem cannot be solved without the participation of domestic business and the population of the country. The consolidated participation of Russian business in the fight against cybercrime is noted, which found its concrete embodiment in the creation of the F.C.C.T. joint-stock company. The key areas of activity of this company in the information technology market and the results of its work in 2023 are highlighted. Attention is focused on the fact that the creation of a joint-stock company F.C.C.T. in the country does not fully solve the problem of ensuring information security, which primarily concerns small and medium-sized business structures. It is stated that many of them, especially in the Russian regions, are not ready to purchase information security services not only financially, but also organizationally. Due to the low demand of entrepreneurs for vulnerability search services in the company’s software, web applications and IT infrastructure, it is proposed to build a typical SOC that meets the most minimal standards for combating cybercrime. An algorithm has been developed to achieve them in the form of step-by-step implementation of simple organizational and methodological recommendations for the prevention of cybercrimes and minimizing their consequences for small and medium-sized businesses.

Medium- and Long-Term Objectives of Intellectual Property Law in the Eurasian Region

The article discusses the priority strategic tasks for the modernization of the intellectual property sector in the Eurasian region. Special attention is paid to solving the tasks of improving regional and national legal regulation in this area. Taking into account the importance of the results of creative activity for universal development, the study notes the need for the widest possible involvement of patentable results of creative activity in patenting and exclusion procedures and, thereby, their protection in the mode of production secrets (know-how). Attention is drawn to the need to improve approaches to material stimulation of creative activity in general and invention in particular, to the expediency of achieving a balance of interests of users, copyright holders and authors of protected objects by increasing the level of guaranteed payments due to them. The issue of harmonization of the norms of national and regional patent law and the related issue of improving the system of acts regulating relations in the field under consideration, including through the use of guidelines and a clearer definition of their legal status, is being considered. The expansion of the range of regional legal protection objects and the creation of Eurasian judicial jurisdiction in the field of intellectual property are named as medium-term objectives of intellectual property law within the Eurasian region.

Health and human rights from a transdisciplinary conceptual perspective.

The right to health and to have a dignified life is considered a fundamental part of human rights. That is, the right to enjoy the highest possible level of physical and mental health. The objective of this study was to analyze people's health from a transdisciplinary conceptual perspective based on the framework of international declarations, laws, national policies and international conferences. The research methodology used in this study was a systematic exploratory review. It became necessary to carry out a comprehensive analysis of the scientific information found in accredited databases such as Dialnet, Elsevier, Redalyc, SCielo and the WHO and PAHO web pages, among others. It is concluded that social citizenship has advanced significantly in Ecuadorian society and throughout the world, which is why it also represents an obligation of the World Health Organization and the Inter-American Court of Human Rights that protect the citizen who has been violated in their rights; Therefore, if it is verified to repay their right, because the physical health and integrity of human beings are identifiable legal objects that are not separated from the lives of the individuals that encompass them directly.

Interaction of the Qualifications and Public Policy in Private International Law

The conflict of qualifications and the public policy clause in private international law can be used to achieve the political and legal objectives of the court's rule of law. The analysis of judicial practice and special literature on it indicates an increasing interest in the issue of interaction of these two tools for the stated purposes. The article aims to illustrate this interaction using specific examples from judicial practice and identify its patterns, in particular, to establish subordination between the conflict of qualifications and the public policy clause. To achieve the result, general scientific and special research methods were used, including the method of comparative law. As a result of the study the author has made a conclusion. The method of functional qualification dictated by legal dogmatics does not give the conflict of laws norm independence from the political and legal will of the legislator. The conflict of laws norm remains an instrument in the hands of the state to achieve political and legal goals, and in this sense its dogmatic interpretation allows for political and legal correction. This correction is expressed in a restrictive interpretation of the concepts of conflict of laws, when it becomes necessary. The protection of the court's rule of law values, traditionally associated with the reservation on public order, is transferred to an earlier stage of qualification of the concepts of the conflict of laws rule. Due to the restrictive qualification, the correction of the result dictated by dogma is carried out both in the choice of applicable law and in determining the scope of the conflict of laws reference. As a result, the queue does not reach the stage of applying the public policy clause, since its goals have already been achieved due to political and legal qualifications.

Individualization of Legal Objects by the Example of Goods: A Historical Digression

Individualization of Legal Objects by the Example of Goods: A Historical Digression

Indication of Istihsan Qiyas Khafi Al-Bazdawi in Contemporary Fatwa in Indonesia

This research aims to analyze Istihsan qiyas Khafi al-Bazdawi as indicated in contemporary fatwas in Indonesia. What is the concept of Istihsan qiyas khafi al-Bazdawi, and how is it relevant to contemporary fatwas in Indonesia? The research method used is descriptive analysis with a literature study approach sourced from journals, websites, books by al-Bazdawi and his lecturers. The results of the research show that Istihsan qiyas khafi al-Bazdawi is a process of intifa' (taking benefits) on a legal object by using qiyas/illat (legal reasons) khafi (hidden) by removing qiyas/illat jali (real reasons in law), and Istihsan Khafi al-Bazdawi's qiyas are considered relevant to a number of contemporary fatwas of the Indonesian Ulema Council (MUI), including: 1) the prosperity of cash waqf Sukuk, 2) the ease of Sukuk Mudharabah, Murabahah, Musyarakah, 3) the ease of Sweb when fasting, 4) the ease of Vaccine injection while fasting

Potret Objek Hukum Islam: Tinjauan Literatur Klasik dan Kontemporer

This paper looks at the object of law from the perspective of Islamic law the concept of ushul fiqih (Islamic legal philosophy). This study is based on an in-depth study of Islamic law sources oriented towards ushul fiqih. The method used is literature with a data collection system to mix sources that study the science of ushul fiqih, from classical books to mutaakhir books. From the results of the author's search that the object of the law is the act or action of a person who is already mukallaf (legally capable). However, it depends largely on the condition that the deeds of a mukallaf be considered as a legal object or not. The main condition is that a person knows exactly about the deed from the side of the law and the method of its execution. Besides that, there is an element of ability and intentionality when doing so. The object of law is not limited to mere action but rather that everything related to deeds, utterances, neglects, and also azam (strong desires that are in mind).

Legal Certainty of Personal Data Protection of Debtors Information Technology-Based Joint Funding Service (LPBBTI)

The increasing interest and community needs in Information Technology-Based Joint Funding Services (LPBBTI) have led to the development of LPBBTI application services. LPBBTI companies collect by accessing and contacting debtor contacts and disseminating personal data such as the debtor's Identity Card (KTP) used when registering at the LPBBTI. Such inappropriate collection can occur due to debtors making payment arrears or defaulting. This study discusses the regulation on the protection of personal data of LPBBTI debtors in realizing legal objectives to obtain legal certainty. This research is normative research using a statutory approach. The results showed that Law Number 27 of 2022, in practice, has not realized its legal objectives because many LPBBTI commits violations by disseminating debtors' data for the collection process. The billing process that is different from the regulations that have been regulated will have an impact on the agreement that has been agreed between the user and the operator (LPBBTI). The implementation of agreements that are violated or not by laws and regulations, then the agreement is null and void so that it impacts the debtor's legal certainty. Default collection by LPBBTI must be based on the principles in Law Number 27 of 2022, one of which is the principle of expediency and legal certainty. The principles contained in the Personal Data Protection Law are indeed based on legal objectives, but in practice, the Law does not realize legal purposes.

State funds in the light of Polish Financial Law

This paper presents a comparative analysis of state special funds in Poland, focusing on their legal dimensions within the framework of financial law. State special funds play a vital role in the allocation and management of public resources, serving as targeted financial mechanisms to address specific needs and promote socio-economic development. However, there is limited comparative research examining the legal frameworks and operational aspects of these funds in different jurisdictions. This study aims to fill this gap by conducting a comprehensive analysis of state special funds in Poland, providing valuable insights into their legal frameworks, objectives, structures, and operational mechanisms. The research objectives of this study include examining the legal frameworks governing state special funds in both countries, analyzing their objectives and operational mechanisms, identifying similarities and differences, and assessing their effectiveness and challenges. By achieving these objectives, this study aims to contribute to the enhancement of financial law practices in both jurisdictions and provide knowledge for improving the legal frameworks and operational efficiency of state special funds.

State Attorney Law Enforcement in Marriage Annulment and its Contribution to the Development of Family Law in Indonesia

This articleexamines the optimization of law enforcement by prosecutors in annulling marriages and its contribution to the development of Islamic family law in Indonesia. This research is library research, analyzed by descriptive analysis, which is done by describing the existing facts, the method of analysis used is qualitative method, using Gustav Redbruch's theory of legal objectives. The result of this study is that the optimization of law enforcement by prosecutors in annulling marriage is relevant to Gustav Redbrudh's theory of purpose, that the purpose of law is to provide justice, legal certainty and legal benefits. With the prosecutor being given regulatory rules that support his role in enforcing the law in the field of marriage annulment for someone who violates the legislation, legal justice, legal certainty and legal benefits will be created in the community. The researcher's contribution to the development of family law in Indonesia is in the form of a proposal to policy holders, so that regulations are legislated that specifically regulate the technical guidelines that prosecutors are allowed to act directly in marriage annulment applications.Keyword: Optimization, Law Enforcement, Prosecutor; Marriage Cancellation

THEORETICAL RESPONSES TO THE QUESTIONS OF ONE LAW FOR ONE SOCIETY AND MULTIPLE LAWS FOR MULTIPLE SOCIETIES

The Indonesian legal system is a combination of several religious, customary and European legal systems, especially the Dutch as a nation that once colonized Indonesia for 3.5 centuries. So, it is not surprising that their inherited civilization includes the legal system. Living law refers to the laws that are still valid and applied in society, including customary law, religious law, and positive law. This law can coexist with various other laws, such as civil, constitutional and criminal law, which apply according to the context and issues that arise in society. Therefore, it is important to understand and accommodate the various sources of law in a society to achieve justice and order. In the Indonesian context, the applicability of law to the life of society and the state involves various factors, including public awareness, lawmaking, and juridical, sociological and philosophical foundations. Indonesia's legal system is a combination of several legal systems, including religious, customary and state law. This shows the complexity in the application of law in society, which requires a comprehensive understanding and accommodation of various sources of law to achieve legal objectives, such as order, justice and security.

Judicial Mediation: Is Reconciliation Impossible in Divorce Cases?

Judicial mediation attempts to realize the principle of peace in civil cases, however, in its implementation in religious courts there is still minimal success in producing peace agreements, especially in divorce cases. This research aims to analyze whether it is impossible to reconcile the parties in a divorce case through judicial mediation. This research is empirical legal research with a case approach. The data collection methods involve observation, interviews, and documentation. These data are then validated using the triangulation method. After data validation, the next step is to analyze using an analytical method using the theory of legal objectives. Research findings show that successful mediation in divorce cases is not impossible, it's just that divorce cases are very difficult to reconcile, because the parties who submit divorce cases to court usually have reached the climax of domestic problems, and some have not lived together for a long time.

Anti-Corruption and Compliance Control: Legal Literacy among Lawyers and Law Students

The world has become quite dynamic and new technologies have seen an unprecedented increase that created limitless opportunities, ranging from acquiring basic knowledge to employing state-of-the-art devices for human beings in the fashion world. This article illustrates key factors in the frame of legal literacy via paying attention to legal awareness, the concept and objects of legal literacy as well as the methods to develop legal literacy among lawyers and students who are in the law sphere all over the world. This article also emphasizes the importance of legal literacy during the lifespan of every individual who faces some issues that are associated with legal actions. In-depth research in the area of legal literacy among lawyers and students, the given article gives a wealth of information that formulates an overall understanding of the topic.

Benefits of Collaboration Between the Corruption Eradication Commission of the Republic of Indonesia and Higher Education Institutions in Monitoring Corruption Crime Trials for Higher Education Institutions and Courts

In order to create a clean and transparent judiciary as a form of achieving legal objectives (certainty, usefulness and justice) the Indonesian Corruption Eradication Commission is collaborating with several universities throughout Indonesia to carry out audio and visual recording of Corruption Crime trials. The aim of this activity, apart from being a form of monitoring from the judicial side, is also to be used as study material for students involved in this recording activity to deepen their study of criminal procedural law. This research produces a study in the form of empirical data on the benefits of recording corruption trials. In the research, it was stated that this trial monitoring activity was systematically carried out because in legal substance it had received legal recognition. The results of the study found that the implementation of KPK supervision in handling corruption cases in the regions was able to be realized well.

Law No 4 Of 2023 Reviewed From The Perspective Of Insurance Customer Protection

Objective: This research aims to analyze the juridical consequences of the enactment of Law No. 4 of 2023 on the explicit legal Protection of insurance customers in Indonesia.
 
 Methods: This type of research is normative research. The research uses secondary data consisting of primary and secondary legal materials. The data analysis technique uses qualitative data analysis, and the conclusion drawing technique uses deductive.
 
 Result: The research results show that the PPSK Law mandates the existence of a Policy Guarantee Institution under the Deposit Insurance Corporation. The regulations in the PPSK Law relating to the Deposit Insurance and Insurance Agency provide positive juridical consequences for explicit legal Protection for insurance company customers.
 
 Conclusion: The regulations in the PPSK Law relating to the Deposit Insurance and Insurance Agency provide positive juridical consequences for explicit legal Protection for insurance company customers, relevant to the theory of legal objectives for benefit that animates the formation of the PPSK Law.

Dilemmatic of the Proofing Testimonium De Auditu: Indonesian Legal Studies

The proof of testmonium de auditu cannot be used in criminal cases but the constitutional court's decision number 65/PUU-VIII/2010 gives the position of witness de auditu which creates a new dilemma in criminal trials. the method used is normative with a legal approach and a conceptual approach. The results showed that testmonium de auditu statement actually did not have the same evidentiary power as a factual witness, but because of the constitutional court decision that acknowledged the evidence of testmonium de auditu witness, the statement could be considered which in this case can be used as evidence in criminal trial accordance with what is in the criminal procedure code. The importance of witnesses does not lie in their own statements, but in the relevance of their statements to criminal cases that are being processed so that judges in assessing a criminal case do not rely solely on belief but must be based on the search for material truth in accordance with legal objectives in KUHAP. Keywords: Evidence, Testimonium De Auditu, Criminal Procedure Code (KUHAP).