Legal Officials Research Articles

A Hartian Account of Legal Officials

A Hartian Account of Legal Officials

Legal Positivism for Legal Officials

Legal Positivism for Legal Officials

사회복지사의 성년후견제도 인식을 통해 본 전문후견사회복지사의 역할과 과제

This study attempted to explore the roles and tasks of professional guardianship social workers as human rights advocates through a survey on the perception of social workers on the adult guardianship system. The research method used a method similar to the snowball sampling with the SNS questionnaire. The survey was conducted by 454 social workers working in the field. Ninety-four percent of respondents were aware of the need for adult guardianship and public guardianship. They also showed their positive attitude towards the expected effect of the guardianship system but had little understanding (58.2%) of the types of adult guardianship system and the procedure for selecting a guardianship system. Regarding the roles of professional guardianship social workers, most social workers recognized the importance of providing adult guardianship and finding guardians, and 63.1% answered that they were willing to act as professional guardians. Based on the above research results, the roles and tasks of professional guardianship social workers as human rights advocates in the field of social welfare practice can be summarized as follows. First, it is required to establish the role of a professional guardianship social worker as an advocate for the people with mental disorders and with limited decision-making capacity Second, social workers who are experts in protecting the confidentiality of clients are also required to be treated and supported equally as other professional guardians, such as lawyers and legal officers. Third, there is a need to improve the contents of in-service education for social workers, such as corporate guardianship services and public guardianship support programs at the level of the Korean Social Workers Association.

МЕТОДИКА ПРЕПОДАВАНИЯ ГРАЖДАНСКОГО ПРОЦЕССА (ВОСПОМИНАНИЯ О МИХАИЛЕ КОНСТАНТИНОВИЧЕ ТРЕУШНИКОВЕ)

The article is dedicated to the memory of Mikhail Konstantinovich Treushnikov, Doctor of Law, Professor, Honored Scientist, Head of the Department of Civil Procedure of the Law Faculty of the Lomonosov Moscow State University. The article analyzes the methodology of teaching civil procedure, focuses on the methodology of lecturing, seminars, and game processes. Mikhail Konstantinovich paid great attention to the methodology of teaching civil procedure. The author of the article offers a study of the section “Methods of Teaching Law” from the book “Creative Search in the Science of Civil Procedure Law” by M.K. Treushnikov published in 2020. This section presents methodological recommendations on how to prepare and give lectures for newly elected judges at the republican training courses for legal officers on two subjects: “Preparation of civil cases for trial is a mandatory stage of the process”, “Types of evidence in civil proceedings”. The other two articles in this section are devoted to different issues. One is devoted to the methodology of teaching law in non-law universities (on the example of Moscow State University), the other is written on the basis of a speech “Traditions and Innovations in Legal Education” at the conference meeting of the heads of the departments of social sciences of the Lomonosov Moscow State University on 16 February 2007 and shows the role of departments in solving the problems of legal education.

Hans Kelsen as Outliner: The Defence of a Radical Norm Theory

In his first treatise on legal theory, Hauptprobleme der Staatsrechtslehre (1911), Hans Kelsen seeks to recast legal norm theory in a way that would eliminate from the theory the imperative, with what Kelsen sees as its moral connotations. The result, Kelsen’s sanction theory, is not entirely successful. It leaves in place the imperative vis-à-vis legal officials, with obligations imposed on officials to implement sanctions. In the 1930s, Kelsen returns to the issue, radically recasting legal norm theory by introducing empowerment as the fundamental modality and obligation as merely derivative, a view that prevails in the second edition of the Reine Rechtslehre (1960).

Indonesia’s Efforts in Law Enforcement for Transgressors of Indonesia - Malaysia Borders in Nunukan Regency

The government of Indonesia's efforts to reduce violations and enforce public law in Nunukan Regency, which is the border area or border between Indonesia and Malaysia, continue to be improved and maximized. Problems related to the situation and conditions in border areas include illegal cross-border activities and limited infrastructure. The writing method used is qualitative by expanding and sharpening the analysis combined with the experience (empirical) of the author who has served as a Legal Officer in the 614th Infantry Battalion/Raja Panditiha Task Force to guard Indonesia's land border with Malaysia in Nunukan Regency by discussing in detail related to border problems or social phenomena that exist and occur at the border. In its implementation in law enforcement efforts by the government at the border against border violators many are influenced by several factors including law enforcement, regulations that are not widely understood by the community, culture and local wisdom, as well as infrastructure and facilities for law enforcement itself. The central government needs to rebuild policies through a constructivist approach to be more progressive and focused in taking concrete actions to overcome and resolve the problem of lawlessness on the border in the Borneo Island.

The Precarious Rationality of International Law: Critiquing the International Rule of Recognition

AbstractSome scholars assume that the content and validity of international legal norms turns upon the existence of convergent attitudes and behaviors of state representatives and other ‘international legal officials’. By converging upon the criteria for what counts as a ‘formal source’ of international law and what does not, such officials provide a ‘rule of recognition’ in relation to which the normative content of the international legal system is determined. In this Article I present two theoretical problems with this view, arguing that, depending on exactly what role this rule is intended to fulfil within international legal theory, it is either metaphysically insupportable or fundamentally at odds with the disagreements that persist in relation to the formal sources of international law. Both problems risk undermining the rationality of international legal argumentation and that any reliance upon the existence of an international rule of recognition should be eschewed as a result.

Winning a seat at the ESG table

Financial Institutions (FIs) struggle to identify, assess and develop appropriate responses that proactively address potential events for more traditional known risks let alone new, emerging and imprecise risks in the often difficult-to-quantify Environmental, Social & Governance (ESG) space. ESG-related risks present even greater challenges to established risk management frameworks such as COSO because ESG risks are generally not well known to the business and include ‘black swans’ or other unforeseen events that can challenge the entities’ short-term or long-term performance or even survival; tend to be longer term in nature than the timeline with which strategy is set or risks have been considered historically; and beyond the scope of any one entity. The good news is that FIs’ existing — and often highly sophisticated risk, compliance and legal functions (Risk Team) — are well equipped to integrate and mitigate these significant ESG-related risks into the FI’s risk management framework. The authors, drawing upon first-hand experience as government-appointed monitors for large, global financial institutions, provide a practical roadmap for defining and mapping ESG-related risks. They also explain why Chief Risk Officers, Chief Compliance Officers and Chief Legal Officers must seize this unique opportunity to not only avoid the financial, legal, regulatory, and reputational losses that will inevitably follow without an ESG risk management programme — but also enhance the value the Risk Team delivers as ESG priorities become pervasive across FIs worldwide. Acknowledging that sustainability and/or ESG professionals are uniquely qualified to provide critical guidance defining and communicating the FI’s objectives, the authors provide a proven framework and methodology for compliance and risk practitioners to leverage as they reach across the aisle to their counterparts in Sustainability or Corporate Social Responsibility to elevate the ESG risk conversation and their own visibility.

EKSISTENSI PTUN SEBAGAI WUJUD PERLINDUNGAN HUKUM KEPADA WARGA NEGARA DARI SIKAP TINDAK ADMINISTRASI NEGARA

All actions that harm everyone can be monitored by the court, while the review can be channeled through the State Administrative Court (PTUN). The State Administrative Court is one of the implementers of judicial power for the people seeking justice for State Administrative disputes. PTUN aims to resolve State Administrative disputes. Research methods in this papers using normative juridical research methods and using data collection techniques carried out using descriptive analysis techniques, with secondary data sources, which include primary legal materials such as laws and regulations relating to the rights of children and wives in divorce cases, sued unseen husbands, as well as secondary legal materials such as books, journals, articles, and other legal doctrines. State administrative disputes are disputes that arise in the field of State Administration between Persons or Civil Legal Entities and Legal Entities or State Administration Officials, both at the center and in the regions, as a result of the issuance of State Administrative Decrees, including employment disputes based on statutory regulations applicable. With the juridical analysis method, the author discusses the existence of PTUN as a form of legal protection for citizens from the act of state administration (abuse of power)

Presupposing Legal Authority

Abstract The thesis that law necessarily claims authority is popular amongst legal philosophers. Some distinguished legal philosophers, including the late John Gardner, Joseph Raz and Scott Shapiro, have suggested that support for this thesis is found in legal officials’ use of deontic language. This article begins by considering the merits of this suggestion. I discuss two unpromising arguments for the claim thesis based on the use of deontic language in law. I then suggest that a more plausible basis for the claim thesis lies in the felicity conditions of the speech acts that legal officials perform. In the absence of an explicit claim to authority, legal officials make a presupposition to authority over their subjects. The presupposition arises from interaction between the felicity conditions of legal speech acts and basic norms of cooperative communication. I consider some implications of this conclusion for our understanding of legal authority.

IMPLEMENTATION OF LEGAL PROTECTION ON WOMEN VICTIMS OF DOMESTIC VIOLENCE

The laws and regulations have the provisions for illegal acts or crimes which include domestic violence. Domestic violence is a form of special crime. This study examines the form than implementing legal protection for women victims of domestic violence based on the criminal justice system in Indonesia as well as how the obstacles that arise in this regard. The existence of Law Number 23 of 2004 concerning the elimination of domestic violence is expected to be able to provide legal protection for victims of domestic violence significantly, in this case are women. The results showed that the decision Number: 519 K/Pid.Sus/2020 as an example of the implementation of legal protection for wives as victims is appropriate. In relation to the obstacles that arise, among others, law enforcement officers who have various understandings regarding domestic violence, difficulties for legal officers in implementing Law No. 23 of 2004, lack of courage to report incidents of domestic violence from victims, and difficulties in proving the problem of domestic violence.Keywords: Domestic violence, protection, implementation, women

IMPLEMENTATION EFFECTIVENESS OF HOSPITAL RESPONSIBILITY TOWARDS MEDICAL DISPUTE PROCESS AT HOSPITAL X CIBINONG

Medical disputes that are rife in the medical world in Indonesia are a separate burden for medical personnel in carrying out daily practices, where the hospital as a place for medical personnel to work, should be responsible for medical personnel involved in medical disputes. The absence of sufficiently clear regulations governing the responsibility of hospitals in resolving medical disputes, makes medical personnel, in this case, the most disadvantaged part. The purpose of this study is to empirically determine the applicable laws and regulations regarding the responsibility of hospitals in the process of resolving medical disputes and the effectiveness of their implementation. The research method used is qualitative research with case study approach. Data sources are primary and secondary data. The data analysis subjects were informants, namely the director of medical services, the legal department officer and the public relations officer. The analysis tool uses interactive analysis. There were at least 4 laws and regulations related to hospital responsibility for medical personnel and implementation of regulations regarding hospital responsibility towards medical dispute process is 88%. The research found no guidelines for handling medical disputes. This study shows that the laws and regulations related to hospital responsibility and their implementation in the medical dispute resolution process have been implemented. The recommendation to Hospital X Cibinong is to make guidelines on the flow of medical dispute handling and provide education about health law to all hospital staff, especially medical personnel as parties most vulnerable to malpractice suits.

Impoliteness in parliamentary discourse: a cognitive-pragmatic and sociocultural approach

This article focuses on the use of impoliteness strategies in the discourse of American, Bulgarian, Polish, and Ukrainian parliaments. Our research of impolite rhetoric, also known as unparliamentary language, is located on the intersection of cognitive pragmatics, cultural linguistics, and discourse analysis. We use an integrative framework, in which the pragmatics of impoliteness is underpinned by the cognitive model of the concept of impoliteness. We offer a description of impoliteness strategies in parliamentary discourse, single out the leading strategy of devaluation of the opponent, and define the stereotypical for each parliament verbal means of the strategy of devaluation and its tactics: criticism and belittlement of one’s merits and importance. Their verbal markers are lexicalized and syntactic units bearing the meaning of negative characterization, disrespect, mockery, sarcasm. We hypothesize that the variation of impoliteness strategies is different parliamentary discourses corresponds to linguistic, pragmatic, and sociocultural dissimilarities, and provide support for this through an empirical study. Linguistically, discursive means of devaluation in the American, Bulgarian, Polish, and Ukrainian parliaments are context free and context dependent, and their ratio varies. In all these parliamentary discourses, the lexicalized markers of impoliteness come from common mental source domains: negative evaluation, legal offence, democracy, deception, hostilities, their variation is due to corresponding construals of the world. Culturally, we claim that the form and content of impoliteness strategies is indirectly connected with a low-context culture in the USA as opposed to a high-context type of Slavic cultures. In the former, devaluation of opponents is mostly reached by lexicalized markers with inherent negative meaning; and in the latter, by syntactic context-dependent means. Pragmatically, the specific properties of impoliteness strategies in the four parliamentary discourses reveal their relation to the dominant politeness principles, which are negatively oriented in modern English and positively in Bulgarian, Polish, and Ukrainian.

THE TECH SAVVY LAWYER – TECHNOLOGY FOR LEGAL PRACTITIONERS

Technology is the engine that propels the planet forward. It is the practical application of scientific knowledge, especially in industry. Legal technology (also known as legal tech) refers to the tools and applications that have a significant impact on how we use legal services in our everyday lives. Legal tech has come to be synonymous with technology startups that are transforming the legal profession by providing people with online software that decreases or removes the need to see a lawyer, or by linking people with lawyers more effectively through online marketplaces and lawyer-matching websites. Technology has had a profound influence on the practice of law in recent years. Legal information has fused with machine learning, and when combined with legal books, it has a wide variety of applications in all legal fields -corporate and government alike. The primary aim of this form of technical innovation has been to improve legal office performance and clerical work productivity. Management can now compare the performance of various divisions and cost centers within an enterprise thanks to the technologies used to track internal capacities. Technology is the engine that propels the planet forward. It is the practical application of scientific knowledge, especially in industry. Legal technology (also known as legal tech) refers to the tools and applications that have a significant impact on how we use legal services in our everyday lives. Legal tech has come to be synonymous with technology startups that are transforming the legal profession by providing people with online software that decreases or removes the need to see a lawyer, or by linking people with lawyers more effectively through online marketplaces and lawyer-matching websites. Technology has had a profound influence on the practice of law in recent years. Legal information has fused with machine learning, and when combined with legal books, it has a wide variety of applications in all legal fields -corporate and government alike. The primary aim of this form of technical innovation has been to improve legal office performance and clerical work productivity. Management can now compare the performance of various divisions and cost centers within an enterprise thanks to the technologies used to track internal capacities.

Las clínicas jurídicas como fenómeno convergente en los consultorios jurídicos de Colombia

In education and especially in the training of professionals, it is essential to understand and specify the different ways of entering the practical world, where universities or higher education institutions should be promoters of this aspect. Due to this, the main objective of this research was to analyze within the framework of the practice of legal clinics as a divergent phenomenon, which is aimed at shaping an expansion of the dynamics in legal clinics operating in Colombia. For this, a descriptive and systematic study was carried out based on the analysis of the different academic results proposed throughout the development and implementation of this figure in the legal offices of universities in Colombia, without going into statistical depth. In the first place, a contextualization was carried out on its historical development; followed by the analysis of its implementation as a divergent phenomenon and finally the implications and the needs to maintain constant innovation for the training of professionals adapted to the new social realities were mentioned.

Uma narrativa dramática: crime ou fatalidade? Delito, delinquente e vítima em "O enfermeiro", de Machado de Assis

Studies of Law and Literature have been fruitful due to the area’s interdisciplinary aspect, as well as the possible effects that literature is able to bring to the Law, that is, due to the dialogue between such opposite situations. Thus, the Law’s dogmatism and conventionalism, not to mention its pursue for legal safety, are interposed by the playfulness, the inventiveness, and the flexible, progressive aspects so dear to literature. Understanding how the two areas articulate to each other has gained momentum. This paper is an analysis of the short story The Attendant’s Confession, written by Brazilian author Machado de Assis, within the Law in Literature approach. Hence, the fictional traits seem to point to formal aspects regarding legal offenses, as well as the felon and the victim, which go beyond the facts narrated by the character in the short story.

AXIO-SYSTEMIC VALIDITY: POSITIVISM WITH REASON

Systemic validity is generally in conformity with the understanding of validity adopted by legal officials. On the other hand, it suffers from an inability to account for why an enactment in conformity with the systemic criteria constitutes a norm. Axio-systemic validity aims to compensate this deficiency by introducing a hybrid understanding of validity. While the systemic component continues the descriptive and explanatory advantages, the minimum axiological element guarantees that the enactments possess the character of norms. While axio-systemic validity violates the social fact and sources theses, it is compatible with the separability thesis. Therefore, it can be conceived of as a positivist understanding of validity

Urgensi Persetujuan Anak sebagai Syarat Poligami (Perspektif Undang-Undang Perkawinan dan Hak Asasi Manusia

The concept of state law (rechtstaat) relating to corruption case has to be conducted by implementing law enforcement, law certainty, and justice. Any kind of policy in relation with corruption eradication has tobe done based on the application of legislation. The rule of legal officers in eradicating corruption is highly influenced by integrity of morality and personal ethic (the maturnity of spiritual intelligence) by having good understanding on corruption eradication which is very significance in making decision in relation with corruptor.

Development of conceptual framework for cyber fraud investigation

The increase in the number of internet users in Indonesia as much as 175.4 million as recorded in the Datareportal.com report and 4.83 billion globally, impact the increase in the number of cyber fraud cases. Data states that 96% of fraud cases are not resolved due to fraud methods carried out online and make it difficult for legal officers to obtain evidence. Previous fraud investigation research mainly focused on fraud detection, so this research focuses on submitting a framework for investigating cyber fraud cases. The cyber fraud case requires a new framework for investigation because in this fraud case, there is digital evidence that is very prone to be damaged, lost, or modified, which makes this case unsolved. This research aims to develop a framework that is expected to help auditors to uncover cases of cyber fraud so that resolved cyber fraud cases can increase. The method used in making this framework uses Jabareen's conceptual framework development method, which consists of 6 stages, namely, Mapping the selected data source, extensive reading and categorizing of the chosen data, Identifying and naming objects, Deconstructing and categorizing the concept, Integrating concept, Synthesis, resynthesis. And make it all sense. The framework for cyber fraud investigation uses 22 digital forensic frameworks and eight frameworks for fraud audit investigations. The results of developing a framework using the Jabareen method resulted in 8 stages, integrating various concepts selected from digital forensics and fraud audits. Evaluation of framework development was carried out by giving limited questionnaires to practitioners and academics, which produced 89% for the feasibility value and needs of the framework and 67% there is no need for changes to the framework being developed.

Influence of Ethnicities in Thai Drama

This article aims to study the influence of ethnicities in Thai drama. The scope of the study focuses on ethnic groups that appeared in the Three Seals Law. The study method is a mixed method, and the results are presented by descriptive analysis. The study revealed that, Thai drama was recorded in the official legal document and performed for rituals, ceremonies, entertainment, education, occupations, publication of government policies, and in community identity. The early stories of Thai drama were about the local people, combined with ethnic cultures that had played an important role in the Kingdom of Thailand, as appeared in the Three Seals Law, namely, Mon, Lao, Vietnamese, Cham, Chinese, Khaek, Javanese, Malay, Khmer, Dawei, Burmese, Japanese, and Farang. The influence of the ethnic groups found in Thai drama is shown in the stories, characters, formats, contents, lyrics, musical instruments, musical accents, costumes, postures, stage, props, role performance, acting methods, and performance opportunities. The drama was used as a communication tool for leaders, symbol of honor for royalties, and the presentation of the kingdom’s image. The influence of the ethnic groups that appear in Thai drama has been passed on and developed continually and finally created their own identity as evidenced in the present educational curriculum and performances.